Appendix M: Installation Narrative Summaries - denix

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On the basis of environmental studies, EPA grouped sites at
the Ordnance Works Disposal Areas in Morgantown, West
Virginia, into two operable units (OUs). OU 1 consists of an old
landfill, a shallow disposal area with topsoil removed, and two
lagoons from which sludge was excavated. OU 2 consists of all
other projects, particularly those located in processing areas.
EPA placed the property on the NPL in June 1986. The
remedial investigation and feasibility study (FS) for OU 1 was
completed in early FY88. In FY90, EPA issued consent orders
for both OUs. In the same year, the potentially responsible
party (PRP) group signed a participation agreement for OU 2.
In FY94, a pilot-test work plan was approved for the cleanup of
soil contamination at OU 1, and remedial work began. In FY95,
the PRPs completed a time-critical removal action at five areas
in OU 2. In FY96, the U.S. Army Corps of Engineers (USACE)
reached an agreement on allocating the cost of remediation at
OU 1. During FY97, the PRP group, which includes USACE,
completed the removal actions at OU 2 and received EPA
concurrence on completion. In August 1998, after state
concurrence, EPA approved the remedy proposed for OU 1 in
the focused FS.
The Record of Decision (ROD) for OU 1, signed in FY89,
required excavation of soil contaminated with polyaromatic
hydrocarbon (PAHs) compounds and treatment in a
bioremediation bed. EPA issued a new ROD for OU 1 in FY99,
superseding the ROD signed in 1989. The cleanup progress for
Ordnance Works Disposal Area for FY02 through FY05 is
detailed below.
In FY02, field efforts included the off-site treatment of the tar
and construction of the treatment wetlands. Materials that were
below the chlorinated PAHs limits were consolidated in the
on-site landfill. The PRP group initiated work on the final cap,
swales and treatment wetland. The discovery of small amounts
of oil during the excavation of the tar materials delayed
completion of the consent decree.
In FY03, the PRP group completed the final landfill cap and
constructed the engineered wetlands for leachate treatment.
Recycling for tar disposal and the passive treatment wetlands
provided a cost savings. The PRP group completed
investigation of the oil discovery following EPA approval of the
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work plan. DuPont filed an appeal with the Court of Appeals for
the Federal Circuit in July 2003. In September 2003, as a result
of "Cadillac Fairview," EPA suggested redrafting the proposed
consent decree using the cost recovery model instead of the
remedial design/remedial action model.
In FY04, issues with a separate WWII contract indemnification
lawsuit delayed the completion of the final consent decree. In
April 2004, the Court of Appeals for the Federal Circuit reversed
the earlier favorable decision regarding indemnification (E.I.
DuPont De Nemours and Company v. United States, 365 F.3d
1367). The Federal Circuit denied the Army's Request for
Rehearing and Rehearing En Banc in August 2004. The
continued negotiation of a consent decree, expected to resolve
DuPont's CERCLA lawsuit against the government as well as
all other liability issues for the facility, was held in abeyance as
Department of Justice (DOJ) and Army Materiel Command
decided whether to seek a writ of certiorari to the U.S. Supreme
Court. The Solicitor General of the United States declined to
pursue a writ of certiorari to the Supreme Court. USACE has
identified no Military Munitions Response Program (MMRP)
work at this property.
In FY05, DOJ published a consent decree in the Federal
Register for the former Morgantown Ordnance Works, after it
was filed with the Court in West Virginia.
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USACE entered a signed consent decree, completing
USACE/DoD restoration and PRP actions. This is the last
installation narrative for this property.
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USACE has identified no MMRP sites at this property.
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Plan of action items for Ordnance Works Disposal Areas are
grouped below according to program category.
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0 Provide monitoring as required in
Administrative Order for Remedial Design and
Remedial Action: Operable Unit 1 in FY07.
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There are no MMRP actions scheduled for FY07 or
FY08.
M-157
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