STATE OF WASHINGTON DEPARTMENT OF ECOLOGY In the Matter of an Enforcement Action I AGREED ORDER AND STIPULATED against: PENALTY . A UNITED STATES DEPARTMENT No. DE 10156 OF ENERGY and . - CH2M HILL PLATEAU REMEDIATION TABLE OF CONTENTS I. INTRODUCTION ..2 II. AUTHORITY ..3 WAIVER ..4 I IV. PENALTY DETERMINATION AND SETTLEMENT ..4 V. REPORTING .. ..8 VI. EXTENSIONS AND SUBMITTALS ..8 VII. REMEDIES ..9 VENUE IX. RELEASE OF LIABILITY .. ..1O X. EFFECTIVE DATE ..10 XI. SIGNATURES AUTHORIZED ..10 XII. WITHDRAWAL OF ORDER REQUIREMENTS ..10 DURATION OF ORDER ..11 XIV. EXECUTION ..1I EXHIBIT A Required Actions Under Chapter 173-303 EXHIBIT Dangerous Waste Management Units (DWMUS) EXHIBIT Dangerous Waste Violations Agreed Order and Stipulated Penalty No. DE 10156 Page 2 of ll I. . INTRODUCTION 1.1 A In order to avoid the expense of litigation, and to settle any administrative or judicial claims or causes of action the Department of Ecology (Ecology) may have against them related to the violations described in Exhibit C, the United States Department of Energy (IUSDOE) and CH2M Hill Plateau Remediation Company without admittingfault or liability, enter into thefollowing Agreed Order and Stipulated Penalty (Order); The exhibit to this Order is an integral and enforceable part of -the Order. I 11.2 I This Order and its exhibits fully resolve all issues arisingfrom the conditions and events identified by, and pursuant to, the Ecology inspections conducted at the Central Waste Complex (CWC) on March 7, 14, and 15, 201_2, and at the Waste Receiving and Processing (WRAP) facility on May 20, July 27, and September 17, 2012, or referred to in Ecology reports on those inspections. In addition to addressing the CWC and WRAP dangerous waste Treatment, Storage or Disposal (TSD) Exhibit A also includes actions for another TSD unit group within the Solid Waste Operation Complex (SWOC), the T-Plant TSD unit, in order for that TSD unit to implement actions similar to ones being taken at the WRAP and CWC TSD units. The TSD unit groups consist of the Dangerous _Waste Management Units listed in Exhibit B. 0 0 1.3 This Order does not in any way limit Ecology's authority to pursue or issue other penalties or enforcement actions for violations of the Dangerous Waste regulations or for Dangerous Waste regulations that are not addressed herein. _Furthermore,' the entry into this Order will not constitute a defense or excuse for any Dangerous Waste violation not described herein or any subsequent violation of the Dangerous Waste regulations. 1.4 - has been under contract with USDOE to operate the WRAP, CWC, and T-Plant since October 2008, and continues to do so at the time of execution of this Agreed Agreed Order and Stipulated PenaltyNo. DE 10156 Page 3 of 11 Order, with its contract reaching completion_on September 30, 2018. does not own the WRAP, CWC, or T--Plant TSD units, nor the dangerous waste located or managed at those TSD units The obligations of for operation of WRAP, CWC, T-Plant, and for performance of the corrective actions described in Exhibit A hereto, are pursuant to its contractual relationship with, and funding provided by, USDOE, and those obligations will I devolve upon the successor(s) to when the contract ends. I 0 ll. AUTHORITY 2.1 Ecology's Nuclear Waste Program has authority to enter into this Order under. Chapter 70.105 RCW '(Hazardous Waste Management . Act) and Chapter 34.05 RCW (Administrative Procedure Act). 2.2 RCW 70.105.130 authorizes Ecology to implement the_ federal Resource Conservation and Recovery Act (RCRA), and establish a permit system for ovvners or operators of facilities that treat, store, or dispose of dangerous waste. The permit system is established in the Dangerous Waste Regulations, Chapter 173-303 Washington Administrative Code (WAC). 2.3 Ecology issued Permit No. WAD WA7890008967 (Permit) for USDOE's Hanford facility (Facility). The Permit became effective August _l994 and was not appealed. The Permit has undergone several revisions, the latest being Revision 8c. 0 2.4. Revision 80 of the Permit currently applies to the operation of and corrective actions taken, or to be taken, at this Facility. Pursuant to Part IA of the Permit, Revision 80, the standards used to evaluate compliance for this enforcement are the interim status facility standards in WAC 173-303-400 and the regulations incorporated into the interim status standards by reference. This only includes properly authorized units at the Hanford Facility. WAC 73- 303-600 provides the authority to impose final facility standards for units that are outside of the scope of the Dangerous Waste Permit Revision 8c. Agreed Order and Stipulated Penalty No. DE 10156 Page 4 of ll 2.5 WAC 173-3 03 -283 provides general performance standards for designing, constructing, operating, and maintaining dangerous waste facilities. These general performance standards include, among others, standards for the prevention of the degradation of ground water, . air, and surface water, and for the prevention of the endangerment of the 'health of employees or the public near a facility. 0 111. WAIVER 3.1_ By entering into this Order, USDOE and waive any right of administrative or judicial review or appeal on the underlying merits of the violations of the Dangerous Waste regulations and agree not to appeal this Order. 3.2 USDOE and have entered into this Order to resolve Ecology's allegations asserted herein. Nothing in the Order, or in the. execution and implementation of this Order, shall be taken as an admission of liability by USDOE or and USDOE and. neither admits nor denies the specific factual allegations contained herein. For the purpose of avoiding litigation between the Parties, however, USDOE and agree to the requirements identified in Exhibit A and section IV of the Order. 4 1v. PENALTY AND SETTLEMENT 4.1 Ecology is assessing a penalty of $261,000.00 against USDOE and for violations of Chapter 173-303 WAC and 40 CFR Part 265, as incorporated by reference in Chapter 173-303 WAC. Those violations are described in Exhibit (Dangerous Waste Violations). USDOE and do not agree with or admit to the violations, factual assertions, or any legal conclusions listed in Exhibit C. I 4.2 The parties agree that USDOE will pay a penalty amount of $15,000.00 and Ecology shall suspend $246,000.00 on condition of completion of the actions set forth in the Agreed Order and 1 Stipulated Penalty N0. DE 10156 Page 5 of 11 schedule in section 4.6 of this Order. The suspended portion of the penalty shall be apportioned . in accordance with the schedule in section 4.6 of this Order. 4.3 To suspend the penalty amount of $246,000, USDOE and must take the actions listed in the schedule in section 4.6 of this Order in accordance vvith RCW 70.105.095. USDOE and are required to take these actions at the dangerous waste management units within the Solid Waste Operations Complex (SWOC) Unit Groups. The SWOC Unit Groups, for purposes' of this Agreed Order, include the CWC Treatment, 'Storage, or Disposal (TSD) Unit Group, the WRAP TSD Unit Group, and the T-Plant Unit Group. 4.4 In accordance with section 4.6, USDOE will present to Ecology documentation of the implementation of each of the actions listed in section 4.6; Within 15 calendar days Ecology will determine whether each action has been implemented as required by the schedule in section 4.6 of this Order.' For each action l_isted in section 4.6 which Ecologydetermines has been implemented, the allocated portion of the suspended penalty shall be revoked and will no longer }be in effect. For each action which Ecology determines' has not been implemented in accordance vvith the schedule in section 4.6 of this Order, the allocated portionof the suspended penalty shall be due and payable within 30 days after the determination _has been received by USDOE. 4.5 USDOE or must make and Ecology must receive USDOE's or payment of the reduced penalty amount of $15,000.00 within 30 calendar days of the effective date of this Order. If the 3_0th day falls on a holiday or weekend, payment shall be due on the next business day. USDOE or shall make the payment by check or money order directly payable to "Department of Ecology" and make reference to Agreed Order and Stipulated Penalty No. DE 10156, and shall send the payment to 1: Department of Ecology Attn: Cashiering Unit P.O. Box 4761.1 Olympia, WA 98504-7611 Agreed Order and Stipulated Penalty No. DE 10156 Page 6 of 11 Should USDOE or fail to this Order (including the requirements found in Exhibit A), Ecology may impose at its discretion either the .remaining suspended penalty amount or a portion of the remaining suspended penalty to be due within 30 calendar days notice to 1 USDOE and that the terms of the Order have been violated. 4.6 The schedule for the reduction of the penalty will be as follows: 4.6.1 When the requirements of section 1.5.2 of Exhibit A are met, the suspended penalty amount of $246,000.00 will be reduced by ten percent (10 Completion of this requirement requires the following: USDOE and will train appropriate facility "employees on the notification and reporting criteria set 0 forth in section 1.2 of Exhibit A within 60 calendar days of theieffective date of this Order; and USDOE will deliver to Ecology the training material provided to the appropriate facility employees training notes, agendas and written training materials) and the training roster(s) A (which will include the training I attendees' job positions and names). i I 4.6.2 When the requirements of section 1.7.4 of Exhibit" A are met, the suspended penalty amount of $246,000.00 will be reduced by ten percent (10 Completion of this requirement requires the following actions to be taken within 60 calendar days of the effective date of this Order: USDOE and personnel, who conduct designation sampling, will be trained on performing sampling procedures as required by the test method and SWOC Unit Group Waste Analysis Plan; and USDOE will deliver to Ecology the training material provided to the personnel required to conduct designation sampling training notes, agendas and written training materials) and the training roster(s) (which will include the training attendees' job positions and names). A 1 Agreed Order and Stipulated Penalty No. DE 10156 Page 7 of 11 4.6.3 When the requirements of section 1.8.5.1 of Exhibit A are met, the suspended penalty amount of $246,000.00 will _be reduced by twenty percent (20 Completion of this requirement will be accomplished by USDOE, within . one year of the effective date of this Order, meeting with.Ecology and jointly. reviewing with Ecology information previously used to develop thepprocess knowledge documentation of the Retrievably Stored Waste (RSW) packages and I delivering. to Ecology the attendance roster for that joint review (which will include the attendees' job positions andinames). 4.6.4 When the requirements of section 1.10.1 of Exhibit A are met, the suspended penalty amount of $246,000.00 will be reduced by twenty percent .(20 Completion of this requirement requires the following actions to be taken by USDOE and within 30 calendar" days of' the effective date of this I Order: conducting inspections at the SWOC in accordance with the requirements of WAC 173-303-320 and taking the necessary steps to ensure that containers at the SWOC receive complete" and thorough inspections; and delivering to Ecology four weeks of Weekly inspection records. I 4.6.5 When the requirements of section 1.11.1.1 of Exhibit A are met, the suspended penalty amount of $246,000.00 willbe reduced by twenty percent Completion of this criteria 'will be accomplished by USDOE and within 30 calendar days of the effective date of this Order, instituting a process to label, and maintain labels in good condition for all dangerous waste containers or their protective covers inithe CWC Outside Storage Area and delivering to Ecology a copy of the written process for labeling, and maintaining Agreed Order and - Stipulated Penalty No. DE 10156 Page 8 ofll labels in good conditions for all DW containers or their protective covers in the CWC Outside Storage Area I 4.6.6 When the requirements of section 1.11.2 of Exhibit A are met, the suspended penalty amount of $246,000.00 willbe reduced. by twenty percent (20 Completion of this requirement will be accomplished by USDOE and within 150 calendar days of the effective date of this Order, applying protective covers to Retrievably Stored Waste (RSW) containers stored outside at the CWC Outside Storage Area A that cannot be placed into a .building(s) (pursuant to WAC and delivering to Ecology a copy of photographic and other documentation that establishes that the protective covers are in place for those RSW containers that are- stored at the CWC Outside Storage Area A that cannot be placed into a buildir1g(s). V. REPORTING I 5.1 No later than 1.80 calendar days and again 'one calendar year from the final signature date of this Order USDOE and will submit progress reports on the status of compliance with this Order and show" any remaining items not yet accomplished. For any remaining or uncompleted requirement in this Order or Exhibit A, USDOE and will include a proposed schedule for completion. 5.2 The reports will be submitted to Ecology in accordance with section VI of this Order. I VI. EXTENSIONS AND SUBMITTALS 6.1 USDOE will submit any extensions to deadlines in this Order in writing at least 10 calendar days prior to the due date. Such writtenlrequests shall include a detailed explanation for the extension request. - The request must be delivered in writing to the Agreed Order and Stipulated Penalty No. DE 1015.6 Page 9of_11 attention of Jane Hedges at (569) 372-7950, or a designated representative, via hardeopy, facsimile, or email. 6.2 All plans and reports submitted by USDOE and to comply with this Order will be submitted to Jane Hedges, "Washington Department, of Ecology, Nuclear Waste Program, at Eco1ogy's Richland office. An extension request shall not provide a basis for delay of any activities required in this Order, unless Ecology agrees in writing to 'the schedule extension. 6.3 Submittals to Ecology required by this Order will include the following certification statement, and will be signed by a person authorized to commit resources on behalf of USDOE as owner and operator of the WRAP and CWC: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the infonnation, the information submitted is,.to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I 6.4 The signature block underneath each certification statement will include signed as well as printed name, title, and organization. VII. REMEDIES 7.1 In the event that USDOE or violate the termsof this Order, Ecology may i pursue all remedies available by law.' However, USDOE and do not waive the right to contest whether violations of this Order have occurred; 7.2 Ecology shall be entitled to recover its costs, including attorney fees, in any action brought in superior court to enforce this Order in which Ecology is a prevailing party. this Order. Agreed Order and Stipulated Penalty No. DE 10156 . Page 10 of 11 VENUE 8.1 USDOE and agree that the Venue for any judicial action to enforce this Order shall be in Benton County Superior Court. I I IX. RELEASE 101+" LIABILITY 9.1 USDOE and and its assigns, or other successors in interest, agree to release and 'discharge Ecologyand its officers, agents, employees, agencies and departments from any damages and causes of action of any nature arising out of the incidents that gave rise to X. DATE 10.1 This 'Order shall become effective when signed by Ecology and USDOE and I XI. SIGNATURES AUTHORIZED 11.1 I The undersigned representatives for Ecology and' USDOE and certify I that they are fully authorized by the party whom they represent to enterinto the terms and conditions of this Order and to legally bind such party thereto. XII. WITHDRAWAL OE ORDER REQUIREMENTS 12.1 The terms and requirements of this Order and Exhibit A are not a binding precedent for, and do not determine or limit, the terms, and conditions of Revision 9 of the Hanford Dangerous Waste Permit. The obligation-of USDOE and to implement each action prescribed in Exhibit A shall continue, until such action is incorporated and expressly superseded by, modifications to the Hanford Dangerous Waste Permit, or other superseding agreement or legal action. Ecology may withdraw requiremerits at any time by notifying USDOE and at least two calendar weeks in advance of withdrawal. USDOE and may submit a request in Writing to Ecology for the withdrawal of a requirement of the- Agreed Order and Stipulated Penalty No. DE 10156 Page 11 of 11 Order or Exhibit A. Such a request will be directed to the Ecology Division of the Attorney General's Office and Ecology's Nuclear Waste Program. A requirement from this Order or Exhibit A will be deemed withdrawn upon USDOE's and receipt of written notification from Ecology. DURATION OF ORDER 13.1 The obligation of USDOE and to implement each action prescribed in Exhibit A shall continue, until such action is incorporated and expressly superseded by, modifications to the Hanford Dangerous Waste Permit, or other superseding agreement or legal action. This Order shall remain in effect until USDOE and have received written notification from Ecology that all of the requirements in this Order and Exhibit A either have been withdrawn by Ecology or have been expressly superseded by modifications to the Hanford Dangerous Waste Permit. I EXECUTION 14.1 This document may be executed in counteiparts and may be executed byfacsimile, and each executed counterpart shall have the same force and effect as the original instrument. [4 Date: MC Manager, USDOE Richland Operations Date: JO FULTON President, Date: ogram Manager, Nuclear Waste Program Washington Department of Ecology