CONCLUSIONS OF LAW AND DETERMINATIONS Sample Clauses

CONCLUSIONS OF LAW AND DETERMINATIONS. 10. Based on the Findings of Fact set forth above, and the administrative record, EPA has determined that; a. The Xxxxxxxxx Industrial Park Site is a “facility" as defined by Section 101(9) of CERCLA, 42 U.S.C. § 9601(9), and the Property is a part of the facility. b. The contamination found at the Site and at the Property, as identified in the Findings of Fact above, includes “hazardous substance(s)” as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14). c. Respondent is a “person"’ as defined by Section 101(21) of CERCLA, 42 U.S.C. § 9601(21). d. Respondent is a responsible party under Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), and is liableTor the performance of response action and for response costs incurred and to be incurred at the Site. (1) Respondent is a past “owner” and/or “operator” of a portion the facility, as defined by Section 101(20) of CERCLA, 42 U.S.C. § 9601(20), and within the meaning of Section 107(a)(1) of CERCLA, 42 U.S.C. § 9607(a)(1). (2) Respondent was the “ov*mef’ and/or “operator” of a portion of the faciliU' at the time of disposal of hazardous substances at the facilitjo as defined by Section 101(20) of CERCL.A 42 U.S.C; § 9601(20), and within the meaning of Section 107(a)(2) of CERCLA, 42 U.S.C. § 9607(a)(2). ^ e. The conditions described in the Findings of Fact above constitute an actual or threatened “release” of a hazardous substance from the facility as defmed by Section 101(22) of CERCLA, 42 U'.S.C. § 9601(22). f The conditions described in the Findings of Fact above may constitute an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of a hazardous substance from the facility within the meaning of Section 106(a) of CERCLA, 42 U.S.C) § 9606(a).

CONCLUSIONS OF LAW AND DETERMINATIONS. 33. Based on the Findings of Fact set forth above, and an administrative record supporting this Consent Order, EPA has determined that: a. NASA is a “person” as defined in Section 1004(15) of RCRA, 42 U.S.C. § 6903(15), and Section 101(22) of CERCLA, 42 U.S.C. § 9601(22). b. NASA is the “owner or operator” of WFF as defined in Section 101(2) of CERCLA, 42 U.S.C. § 9601(20). c. NASA is subject to the requirements of Section 6001 of RCRA, 42 U.S.C. § 6961, including compliance with the requirements of RCRA. d. NASA is subject to the requirements of Section 120 of CERCLA, 42 U.S.C. § 9620, including compliance with the requirements of CERCLA. e. The COPCs listed in Paragraph 30 of this Consent Order are “solid wastes” as defined in Section 1004(27) of RCRA, 42 U.S.C. § 6903(27) and “hazardous wastes” as defined in Section 1004(5) of RCRA, 42 U.S.C. § 6903(5), within the meaning of Section 7003 of RCRA, 42 U.S.C. § 6973. f. The COPCs listed in Paragraph 30 of this Consent Order, except for TPHs, are “hazardous substances” as defined in Section 101(14) of CERCLA, 42 U.S.C. § 9601(14).

CONCLUSIONS OF LAW AND DETERMINATIONS. Based on the Findings of Fact in Section IV [and the administrative record], EPA has determined that: The Site is a “facility” as defined by section 101(9) of CERCLA. The contamination found at the Site, as identified in the Findings of Fact above, includes “hazardous substances” as defined by section 101(14) of CERCLA [and “pollutants or contaminants” as defined by section 101(33) of CERCLA]. Each Respondent and Settling Federal Agency is a “person” as defined by section 101(21) of CERCLA. Each Respondent and Settling Federal Agency is a responsible party under section 107(a) of CERCLA. Respondents [insert names] and Settling Federal Agencies [insert names] are the “owner(s)” and/or “operator(s)” of the facility, as defined by section 101(20) of CERCLA and within the meaning of section 107(a)(1) of CERCLA. Respondents [insert names] and Settling Federal Agencies [insert names] were the “owners” and/or “operators” of the facility at the time of disposal of hazardous substances at the facility, as defined by section 101(20) of CERCLA, and within the meaning of section 107(a)(2) of CERCLA. Respondents [insert names] and Settling Federal Agencies [insert names] arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances at the facility, within the meaning of section 107(a)(3) of CERCLA. Respondents [insert names] and Settling Federal Agencies [insert names] accept or accepted hazardous substances for transport to the facility, within the meaning of section 107(a)(4) of CERCLA. The conditions described in [¶¶ __ of] the Findings of Fact constitute an actual and/or threatened release of a hazardous substance from the facility as defined by section 101(22) of CERCLA. The actions required by this Settlement are necessary to protect the public health or welfare or the environment, are in the public interest, are consistent with CERCLA and the NCP, and will expedite effective remedial action and minimize litigation, in accordance with sections 104(a)(1) and 122(a) of CERCLA. EPA has determined that Respondents are qualified to conduct the RI/FS within the meaning of section 104(a) of CERCLA and will carry out the Work properly and promptly, in accordance with sections 104(a) and 122(a) of CERCLA if Respondents comply with the terms of this Settlement.

CONCLUSIONS OF LAW AND DETERMINATIONS. 14. Based on the Findings of Fact set forth above EPA makes the following conclusions of law and determinations, which Respondents neither admit nor deny: a. The GASCO Sediments Site is a “facility” as defined by Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). b. The contamination found on and adjacent to the GASCO Sediments Site, as identified in the Findings of Fact above, includes “hazardous substances” as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14), and/or pollutants or contaminants which may present an imminent and substantial danger to the public health or welfare. c. Respondents are “persons” as defined by Section 101(21) of CERCLA, 42 U.S.C. § 9601(21). d. Respondents are responsible parties under Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), and are liable for performance of response action and for response costs incurred and to be incurred for the GASCO Sediments Site. Respondents are “owners” and/or “operators” of GASCO Sediments Site, as defined by Section 101(20) of CERCLA, 42 U.S.C. § 9601(20), and within the meaning of Section 107(a)(1) of CERCLA, 42 U.S.C. § 9607(a)(1); and/or arranged for disposal or treatment of hazardous substances at the facility, within the meaning of Section 107(a)(3) of CERCLA, 42 U.S.C. § 9607(a)(3). e. The conditions described in the Findings of Fact above constitute an actual or threatened “release” of a hazardous substance from the facility as defined by Section 101(22) of CERCLA, 42 U.S.C.§ 9601(22). f. The removal response action required by this Settlement Agreement is necessary to protect the public health, welfare, or the environment and, if carried out in compliance with the terms of this Settlement Agreement, will be considered consistent with the NCP, as provided in Section 300.700(c)(3)(ii) of the NCP. g. A planning period of at least six months exists before field activities beyond sampling and related scoping activities required by this Settlement Agreement must be initiated.

CONCLUSIONS OF LAW AND DETERMINATIONS. 13. Based on the Findings of Fact set forth above and the administrative record, EPA has determined that: a. The Portland Harbor Superfund Site is a “facility” as defined by Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). b. The contamination found at the Site as identified in the Findings of Fact above, includes “hazardous substance(s)” as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14). c. Each Respondent and SFA is a “person” as defined by Section 101(21) of CERCLA, 42 U.S.C. § 9601(21). d. Respondents and SFAs are alleged by EPA to be responsible parties under Section 107(a)(1), (2) and/or (3) of CERCLA, 42 U.S.C. § 9607(a)(1), (2), and/or (3). e. The conditions described in the Findings of Fact above constitute an actual or threatened “release” of a hazardous substance from the facility as defined by Section 101(22) of CERCLA, 42 U.S.C. § 9601(22). f. The RD required by this Settlement is necessary to protect the public health, welfare, or the environment and, if carried out in compliance with the terms of this Settlement, will be consistent with the NCP, as provided in Section 300.700(c)(3)(ii) of the NCP.

CONCLUSIONS OF LAW AND DETERMINATIONS. 14. Based on the Findings of Fact set forth above, EPA makes the following conclusions of law and determinations, which Respondents neither admit nor deny: a. Properties currently or formerly owned or operated by the Respondents, the River Mile 11E Project Area, and the Portland Harbor Superfund Site constitute a “facility” as defined by Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). b. The contamination found on and adjacent to the River Mile 11E Project Area, as identified in the Findings of Fact above, includes “hazardous substances” as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14), and/or pollutants or contaminants which may present an imminent and substantial danger to the public health or welfare. c. Respondents are “persons” as defined by Section 101(21) of CERCLA, 42 U.S.C. § 9601(21). d. Respondents are responsible parties under Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), and are liable for performance of response action and for response costs incurred and to be incurred for the River Mile 11E Project Area. Respondents are current or past “owners” and/or “operators” of a facility, as defined by Section 101(20) of CERCLA, 42 U.S.C. § 9601(20), and within the meaning of Section 107(a)(1) and (2) of CERCLA, 42 U.S.C. § 9607(a)(1) and (2); and/or arranged for disposal or treatment of hazardous substances at a facility, within the meaning of Section 107(a)(3) of CERCLA, 42 U.S.C. § 9607(a)(3). e. The conditions described in the Findings of Fact above constitute an actual or threatened “release” of a hazardous substance from the facility as defined by Section 101(22) of CERCLA, 42 U.S.C.§ 9601(22). f. The response action required by this Settlement Agreement is necessary to protect the public health, welfare, or the environment and, if carried out in compliance with the terms of this Settlement Agreement, will be considered consistent with the NCP, as provided in Section 300.700(c)(3)(ii) of the NCP. g. EPA has determined that Respondents are qualified to conduct supplemental RI/FS work within the meaning of Section 104(a) of CERCLA, 42 U.S.C. § 9604(a), and will carry out the Work properly and promptly, in accordance with Sections 104(a) and 122(a) of CERCLA, 42 U.S.C. §§ 9604(a) and 9622(a), if Respondents comply with the terms of this Settlement Agreement.

CONCLUSIONS OF LAW AND DETERMINATIONS. 15. Based on the Findings of Fact set forth above [and the Administrative Record] supporting this removal action, EPA has determined that: a. The [XYZ Site] is a "facility" as defined by Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). b. [Zinc, copper, cadmium, manganese, lead and arsenic] are "hazardous substances, pollutants or contaminants" as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14). c. Good Samaritan is a "person" as defined by Section 101(21) of CERCLA, 42 U.S.C. § 9601(21). d. The conditions described in the Findings of Fact above constitute an actual or threatened "release" of a hazardous substance, pollutant or contaminant from the facility as defined by Section 101(22) of CERCLA, 42 U.S.C. § 9601(22). e. The Work required by this Settlement Agreement is necessary to protect the public health, welfare, or the environment, and if carried out in compliance with the terms of this Settlement Agreement, will be consistent with the NCP, as provided in Section 300.700(c)(3)(ii) of the NCP. f. [If Good Samaritan will itself perform the Work, insert the following: Good Samaritan has submitted information to EPA demonstrating its qualifications to perform the Work.] g. [Note: Include the following when supported by the Action Memorandum/Administrative Record for the Site, to support the provisions of Paragraph 31 relating to water quality standards under the Clean Water Act.] As set forth in the Administrative Record, considering the exigencies of the situation and the limited scope of the removal action to be conducted, EPA has determined that attainment of water quality standards under the Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as a result of the Work is not practicable as provided in 40 CFR § 300.415(j). Given that attainment of water quality standards as a result of the Work is not practicable, Good Samaritan will comply with [XXX provisions of Work Plan] that address water quality issues in order to ensure environmental improvement at the Property.

CONCLUSIONS OF LAW AND DETERMINATIONS. 13. Based on the Findings of Fact set forth above and the administrative record, EPA makes the following conclusions of law and determinations, which Respondents, SFAs, and Settling Public Entities neither admit nor deny: a. The Portland Harbor Superfund Site is a “facility” as defined by Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). b. The contamination found at the Site, as identified in the Findings of Fact above, includes “hazardous substances” as defined by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14). c. Each Respondent, SFA, and Settling Public Entity is a “person” as defined by Section 101(21) of CERCLA, 42 U.S.C. § 9601(21). d. Each Respondent, SFA, and Settling Public Entity is alleged by EPA to be a responsible party under Section 107(a)(1) or Section 107(a)(2) of CERCLA, 42 U.S.C. § 9607(a)(1) or (2). e. The conditions described in the Findings of Fact above constitute an actual or threatened “release” of a hazardous substance from the facility as defined by Section 101(22) of CERCLA, 42 U.S.C. § 9601(22). f. The RD required by this Settlement as defined in the SOW is necessary to protect the public health, welfare, or the environment and, if carried out in compliance with the terms of this Settlement, will be consistent with the NCP, as provided in Section 300.700(c)(3)(ii) of the NCP.

CONCLUSIONS OF LAW AND DETERMINATIONS. Based on the Findings of Fact set forth above, and-the administrative record, EPA has determined that:

CONCLUSIONS OF LAW AND DETERMINATIONS. 33. Based on the Findings of Fact set forth above, and the administrative record, EPA has determined that: a. The Alkali Lake Site by Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). b. Sampling at the Site, as identified in the Findings of Fact above, has identified by Section 101(14) of CERCLA, 42 U.S.C. § 9601(14). c. by Section 101(21) of CERCLA, 42 U.S.C. § 9601(21).