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702-Sanford Gas.-Admin Order STENSTROM, McINTOSH, COLBERT, WHIGHAM & SIMMONS, P.A. ATTORNEYS AND COUNSELLORS AT LAW SUNTRUST 6ANK · SUITE ~2 April 22, 1998 ~ i~ / V~ William A. Simmons, City Manager CI~ OF SANFORD 300 N. Park Avenue Sanford, FL 32771 Re: Sanford Gasification Plant Dear Bill: I have enclosed for your review and records a fully executed original Administrative Order on Consent CAOC") which I received today from the EPA. The AOC became effective today upon my receipt of the AOC. One of our first obligations is to pay the City's share of the reimbursement costs. We should be receiving a bill for that payment soon. We will keep you advised. Sincerely, STENSTROM, MclNTOSH, COLBERT, Enclosure cc: Larry A. Dale, Mayor William L. Colbert, Esq. Thomas K. Maurer, Esq. UNITF_U STATES ENVIRONMENTAL PROTECTION AGENCY ) REGION 4 ATLANTA FEDERAL CENTER ~'~,,~ 61 FORS~H STREET, SW ~ ~ AT~NTA, GEORGIA 30303-8909 VIA EXPRESS MAIL Ms. Donna L. Mc/ntosh Stenstrom, McIntosh, Colbert, Whigham & Simmons, P.A. Suntrust Bank Suke 22 200 West First Street Sanford, Florida 32772-4848 Ke: Sanford Gasi~cation Plant Ske Administrative Order on Consent (AOC) Dear Ms. McIntosh: Please find enclosed the Administrative Order on Consent for Kemedial Investigation/ Feasibility Study (KUFS) for the above-referenced ske. The AOC has been executed by EPA and Sanford Potentially Kesponsible Paff~es (PKPs), and will become effective upon receipt by PRPs. Please feel flee to contact me at (404) 562-9553, if you have questions or concerns. in~/.f'~-~ · Assistant Kegional Counsel Recy¢:led/Recycleble · Printed with Vegetabie Oil Based inks on 100% Recycled Paper (40% PostCOnsumer) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IV IN THE MATTER OF: ) )Proceeding under Sections 104, Sanford Gasification Plant )122(a) and 122(d)(3) of the Sanford, Florida )Comprehensive Environmental )Response, Compensation )and Liability Act of 1980, )as amended, 42 U.S.C. Florida Power )§§ 9604 and 9622. Corporation, ) ) Atlanta Gas Company, ) ) Florida Power ) and Light Company, ) ) Florida Public ) Utilities Company, ) ) City of Sanford, ) ) Respondents. ) )EPA Docket No.: ) ADMINISTRATIVE ORDER BY CONSENT FOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY I. JURISDICTION This Administrative Order by Consent (Consent Order) is entered into by the United States Environmental Protection Agency (EPA) with Respondents, pursuant to the authority vested in the President of the United States by Sections 104, 122(a) and 122(d)(3) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. ~ 9604, 9622(a) and 9622(d)(3). This authority was delegated by the President to the Administrator of the EPA by Exec. Order No. 12580, dated January 23, 1987, 52 Fed. Reg. 2923 (Jan. 29, 1987), and was further delegated to the Regional Administrator of Region IV EPA and redelegated to the Director, Waste Management Division. Respondents agree to undertake all actions required by the terms and conditions of this Consent Order for the conduct and implementation of the Remedial Investigation and Feasibility Study (RI/FS). The Respondents consent to and will not contest EPA jurisdiction regarding this Order. 2 II. PARTIES BOUND This Consent Order shall apply to and be binding upon EPA and the Respondents, their successors and assigns. Respondents are jointly and severally responsible for carrying out all actions required of it by this Consent Order. The signatories to this Consent Order certify that they are authorized to execute and legally bind the parties they represent to this Consent Order. No change in the ownership or corporate status of Respondents shall alter their responsibilities under this Consent Order. The Respondents shall provide a copy of this Consent Order to any subsequent owners or successors before ownership rights are transferred. The Respondents shall provide a copy of this Consent Order to all contractors, subcontractors, laboratories, and consultants which are retained to conduct any work performed under this Consent Order, within fourteen (14) days after the effective date of this Consent Order or the date of retaining their services, whichever is later. Respondents shall condition any such contracts upon satisfactory compliance with this Consent Order. Notwithstanding the terms of any contract, Respondents are responsible for compliance with this Consent Order and for ensuring that their subsidiaries, employees, contractors, consultants, subcontractors and agents comply with this Consent Order. III. STATEMENT OF PURPOSE In entering into this Consent Order, the mBtual objectives of EPA and Respondents are: (A) with respect to the Remedial Investigation (RI), to determine fully the nature and extent of the threat to the public health or welfare or the environment caused by the release or threatened release of hazardous substances, pollutants, or contaminants at or from the Site into the environment; and (B) with respect to the Feasibility Study (FS), to develop and evaluate alternatives for remedial action to prevent, mitigate or otherwise respond to the migration or the release or threatened release of hazardous substances, pollutants, or contaminants from the Site; and to recover response and oversight costs incurred by EPA with respect to this consent order. The activities conducted pursuant to this Consent Order will be consistent with the National Contingency Plan (NCP), 40 C.F.R. Part 300, et seq., and will be subject to the express EPA approvals as set forth below. 4 the FDEP conducte~ a Screening Site Investigation (SSI) of the Site which indicated the presence of hazardous substances in elevated levels in the soil and groundwater. In February 1994, a Contamination Assessment Report (CAR) was prepared by Atlantic Environmental Services noting the presence of contaminants. The CAR was prepared on behalf of Florida Public Utilities, Florida Power Corporation, Florida Power & Light Company, Atlanta Gas Light Company and the City of Sanford as a part of a stay of litigation. In April 1994, FDEP conducted a Site Inspection Prioritization (SIP) which also indicated the presence of hazardous substances in the soil and groundwater. In June 1996, EPA conducted sampling of the surface and subsurface soils, groundwater and sediments at the Site. In addition, an electromagnetic survey was conducted in the vicinity of a suspected on-site disposal pit and a groundwater monitoring well was installed at the Site. The primary contaminants of concern at the site include the presence of tar deposits, Acenaphthene, Benz(a)anthracene, Benzo(a)pyrene, Benzo(b and/or k) fluoranthene, Chyrsene, Cyanide, Fluroranthene, Indeno(1,2,3-cd)pyrene, Phenanthrene and pyrene. Polynuclear aromatic hydrocarbons(PAHs) and cyanide was detected in on-site soils and downstream sediments. Moreover, PAHs and cyanide are known to be associated with coal gasification processes and coal tar. Coal tar residuals were visually observed in on-site soils and sediments of the unnamed tributary and Cloud Branch Creek which flow into Lake Monroe. Lake Monroe is used for commercial and recreational fishing and has been designated as a critical and non critical habitat for the federally endangered West Indian manatee and American bald eagle. V. EPA CONCLUSIONS OF LAW A. The Sanford Gasification Plant site is a facility within the meaning of Section 101(9) of CERCLA, 42 U.S.C. § 9601(9). B. The Respondents are persons as defined in Section 101(21) of CERCLA, 42 U.S.C. ~ 9601(21). C. The Respondents are responsible parties under Section 107(a) of CERCLA, 42 U.S.C. § 9607(a). D. Contaminants found at the facility as described in Section IV above are hazardous substances within the meaning of Section 101(14) of CERCLA, 42 U.S.C. ~ 9601(14), or constitute a pollutant or contaminant that may present an imminent and substantial danger to the public health or welfare under Section 104(a)(1) of CERCLA, 42 U.S.C. 9604(a)(1). E. The hazardous substances described have been released into the environment and its potential migration pathways constitute both an actual release and threatened release within the meaning of Section 101(22) of CERCLA, 42 U.S.C. ~ 9601(22). VI. EPA DETERMINATIONS Based on the Findings of Fact and Conclusions of Law set out 5 above, EPA has determined that: A. The actual and/or threatened release of hazardous substances from the Site may present an imminent and substantial endangerment to the public health or welfare or the environment. B. The actions required by this Consent Order are necessary to protect the public health and/or welfare and/or the environment. C. In accordance with Section 104(a)(1) of CERCLA, 42 U.S.C. § 9604(a)(1), EPA has determined that the work to be performed pursuant to this Consent Order, if performed according to the terms of this Order, will be done properly and promptly by the Respondents. EPA has also determined that Respondents are qualified to conduct such work. VII. WORK TO BE PERFORMED All aspects of the Work to be performed by.Respondents pursuant to this Consent Order shall be under the direction and supervision of a qualified contractor who shall be a qualified professional engineer or geologist with expertise in hazardous site cleanup, the selection of which shall be subject to approval by EPA. Within fifteen (15) days after the effective date of this Consent Order, Respondents shall submit to EPA in writing the name, title, and qualifications of any supervising contractor proposed to be used in carrying out the RI/FS to be performed pursuant to this Consent Order. EPA shall notify the Respondents of its approval or disapproval in writing, within twenty (20) calendar days of its receipt of this submission by the Respondents. If EPA disapproves of the selection of any contractor, Respondents shall submit a list of alternate contractors to EPA within fifteen (15) days of receipt of EPA's disapproval of the contractor previously selected. EPA shall, within twenty (20) calendar days of receipt of the list, provide written notice of the names of the contractors that it approves. The Respondents may at their election select any one from that list. Respondents shall notify EPA of the name of the contractor selected within fifteen (15) calendar days of EPA'S notice of the approved contractors. If, at any time thereafter, Respondents propose to change any contractor, Respondents shall give written notice to EPA and shall obtain approval from EPA before the new contractor performs any work under this Consent Order. Based on the foregoing, it is hereby AGREED TO AND ORDERED that the following work will be performed: A. Within forty-five (45) calendar days of the effective date of this Consent Order, Respondents shall submit to EPA a plan for a complete Remedial Investigation and Feasibility Study (RI/FS Work Plan). The RI/FS Work Plan shall be developed and submitted in conjunction with a Sampling and Analysis Plan 6 and a Health and oafety Plan, although each p~an may be delivered under separate cover. These plans shall be developed in accordance with the National Contingency Plan and the attached Scope of Work (SOW) (Attachment 1) which is hereby made a part of this Consent Order as if fully set forth herein. The RI/FS Work Plan shall include a comprehensive description of the work to be performed, the medias to be investigated (i.e., air, groundwater, surface water, surface and suDsurface soils and sediments, etc.), the methodologies to be utilized, and the rationale for the selection of each methodology. A comprehensive schedule for completion of each major activity required by this Consent Order and including the submission of each deliverable listed in the RI/FS Scope of Work shall also be included. Such schedule shall reflect submittal of the Draft Feasibility Study within 400 calendar days of the effective date of this Consent Order. The Sampling and Analysis Plan (SAP) shall include procedures to ensure that sample collection and analytical activities are conducted in accordance with technically acceptable protocols and that the data generated will meet the Data Quality Objectives (DQOs) established. The SAP provides a mechanism for planning field activities and consists of a Field Sampling and Analysis Plan (FSAP) and a Quality Assurance Project Plan (QAPP). The FSAP shall define in detail the sampling and data-gathering methods that shall be used on the project. It shall include sample objectives, sample location (horizontal and vertical) and frequency, sampling equipment and procedures, and sample handling and analysis. The QAPP shall describe the.project objectives and organization, functional activities, and quality assurance and quality control (QA/QC) protocols that shall be used to achieve the desired DQOs. A Health and Safety Plan shall be prepared in conformance with the Respondents' health and safety program and OSHA regulations and protocols. B. Respondents will perform the Baseline Risk Assessment. The major components of the Baseline Risk Assessment include contaminant identification, exposure assessment, toxicity assessment, and human health and ecological risk characterization. Respondents will provide the site characterization summary and sufficient information concerning the risks as apart of the Remedial Investigation (RI) Report. Respondents will prepare a Baseline Risk Assessment Report based on the data collected during the implementation of the RI/FS Work Plan. EPA will release this report to the public at the same time it releases the final RI RepQrt. Both reports will be put into the administrative record for the Site. EPA will respond to all significant comments on the Baseline Risk Assessment that are resubmitted during the formal comment period in the responsiveness Summary of the Record of Decision. C. Respondents will implement the RI/FS Work Plan approved by EPA. The EPA approved RI/FS Work Plan and any EPA approved amendments thereto will be attached to and incorporated in this Consent Order as Attachment 2. The RI/FS will be conducted in accordance with the schedule contained in the RI/FS Work Plan as approved by EPA. D. Within seven (7) calendar days of the approval of the RI/FS Work Plan by EPA, Respondents will commence work on Task 1 of the RI/FS Work Plan. E. Respondents shall submit to EPA written monthly progress reports which: (1) describe the actions which have been taken toward achieving compliance with this Consent Order during the previous month; (2) include all results of sampling and tests received by ReSpondents during the course of the work; (3) include all plans and procedures completed under the Work Plan during the previous month; (4) describe all actions, data, and plans which are scheduled for the next month, and provide other information relating to the progress of the work as deemed necessary by EPA; and (5) include information regarding percentage of completion, unresolved delays, encountered or anticipated, that may affect the future schedule for implementation of the Scope of Work and/or RI/FS Work Plans, and a description of efforts made to mitigate those delays or anticipated delays. These progress reports are to be submitted to EPA by the fifth day of every month following the effective date of this Consent Order. F. Deliverables, including reports, plans or other correspondence to be submitted pursuant to this Consent Order, shall be sent by regular certified mail, express mail or overnight delivery to the following addresses or to such other addresses as the EPA hereafter may designate in writing. Carmen Santiago- Ocasio Remedial Project Manager EPA - Region IV Waste Management Division 61 Forsyth Street, S.W. Atlanta, Georgia 30303 The number of copies to be submitted to EPA for each deliverable is identified in the RI/FS Scope of Work. For informational purposes documents (two copies) shall be sent to: John Ruddell Director, Division of Waste Management Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Florida 32399-2400 8 G. EPA may aetermine that other tasks, including remedial investigatory work and/or engineering evaluation, are necessary as part of an RI/FS in addition to EPA-approved tasks and deliverables, including reports, which have been completed pursuant to this Consent Order. The Respondents shall implement any additional tasks which EPA determines are necessary as part of the RI/FS and which are in addition to the tasks detailed in the RI/FS Work Plan as reasonably necessary to accomplish the RI/FS Scope of Work. The additional work shall be completed in accordance with the standards, specifications, and schedule determined or approved by EPA. VIII. SUBMISSIONS REOUIRING AGENCY APPROVAL A. EPA reserves the right to comment on, modify and direct changes for all deliverables. Upon receipt of any plan, report or other item which is required to be submitted for approval pursuant to this Consent Order, EPA shall either: (1) approve the submission; or (2) disapprove the submission, notifying Respondent of deficiencies. If such submission is disapproved, EPA shall either: (1) notify the Respondents that EPA will modify the submission to cure the deficiencies; or (2) direct the Respondent to modify the submission to cure the deficiencies. B. Upon receipt of a notice of disapproval and notification directing modification of the submission, Respondents shall, within thirty (30) days, cure the deficiencies and resubmit the plan, report, or other item for approval. Notwithstanding the notice of disapproval, Respondents shall proceed to take any action required by any nondeficient portion of the submission. C. In the event of approval or modification of the submittal by EPA, Respondents shall proceed to take any action required by the plan, report, or other item, as approved or modified. D. If, upon resubmission, the plan, report, or item is not approved, Respondents shall be deemed to be in violation of this Consent Order and stipulated penalties shall begin to accrue pursuant to Section XVI of this Consent Order. EPA retains the right to seek stipulated or statutory penalties, to require the amendment of the document, to perform additional studies, to conduct a complete RI/FS pursuant to its authority under CERCLA, and to take any other action, including, but not limited to, enforcement action to recover its costs pursuant to its authority under CERCLA. E. Neither failure of EPA to expressly approve or disapprove of Respondents' deliverables within a specified time period, nor the absence of comments, shall'be construed as approval by EPA. Respondents are responsible for preparing and submitting deliverables acceptable to EPA as reasonably necessary to accomplish the RI/FS Scope of Work. 9 F. Respond~its shall make presentation~ at, and participate in, meetings at the request of EPA during the initiation, conduct and completion of the RI/FS. In addition to the discussion of the technical aspects of the RI/FS, topics will include anticipated problems or new issues. Meetings will be scheduled at EPA'S discretion. G. The provisions of this Consent Order shall govern all proceedings regarding the RI/FS work conducted pursuant to this Consent Order. In the event of any inconsistency between this Consent Order and any required deliverable submitted by Respondents, the inconsistency will be resolved in favor of this Consent Order. IX. DESIGNATED PROJECT COORDINATORS A. On or before the effective date of this Consent Order, EPA and Respondents will each designate a Project Coordinator and an Alternate Project Coordinator. The "Project Coordinator" for EPA will be the Remedial Project Manager (RPM) or the On-Scene Coordinator (OSC) responsible for this Site. Each Project Coordinator will be responsible for overseeing the implementation of this Consent Order. The EPA Project Coordinator will be EPA'S designated representative at the Site. To the maximum extent possible, communications between Respondents and EPA, including all documents, reports, approvals, and other correspondence concerning the activities performed pursuant to the terms and conditions of this Consent Order, will be directed through the Project Coordinators. 1. The Respondents' Project Coordinators for technical issues shall be: Garnett Craig Florida Power Corporation 3201 34th Street South St. Petersburg, Florida 33711 Kathy Salvador Florida Power & Light P.O. Box 14000 Juno Beach, Florida 33408 2. The Respondents' Project Coordinator for legal and all other issues shall be: George F. Gramling, III Counsel or Florida Power Corporation Frank & Gramling P.O. Box 1991 Tampa, Florida 33601-1991 B. EPA and Respondents each have the r~ht to change their respective Project Coordinator. Such a change will be accomplished by notifying the other party in writing at least five (5) calendar days prior to the change. C. The EPA designated Project Coordinator will have the authority vested in an RPM or OSC by the National Contingency Plan, 40 C.F.R. Part 300, as amended. This includes the authority to halt, conduct, or direct any work required by this Consent Order, or any response actions or portions thereof when he or she determines that conditions may present an immediate risk to public health or welfare or the environment. D. The absence of the EPA Project Coordinator from the Site shall not be cause for the stoppage or delay of work. E. EPA shall arrange for a qualified person to assist in its oversight and review of the conduct of the RI/FS, as required by Section 104(a) of CERCLA, 42 U.S.C. 9604(a). The oversight assistant may observe work and make inquiries in the absence of EPA, but is not authorized to modify the work plan. X. OUALITY ASSURANCE, SAMPLING AND DATA ANALYSIS A. Respondents shall use quality assurance, quality control, and chain of custody procedures in accordance with EPA's "Interim Guidelines and Specifications For Preparing Quality Assurance Project Plans" (QAMS-005/80) and the "EPA Region IV Engineering Support Branch Standard Operating Procedures and Quality Assurance Manual (U.S. EPA Region IV, Science and Ecosystems Support Division (SESD), May 1996, and subsequent amendments to such guidelines. 'Prior to the commencement of any monitoring project under this Consent Order, Respondent shall submit for review, modification and/or approval by EPA, a Quality Assurance Project Plan ("QAPP") that is consistent with applicable guidelines. Sampling data generated consistent with the QAPP(s) shall be admissible as evidence, without objection, in any proceeding under Section XIV of this Order. Respondents shall assure that EPA personnel or authorized representatives are allowed access to any laboratory utilized by Respondents in implementing this Consent Order. B. Respondents shall make available to EPA the results of all sampling and/or tests or other data generated by Respondents with respect to the implementation of this Consent Order and shall submit these results in monthly progress reports as described in Section VII.E. of this Order. C. At the request of EPA, Respondents shall allow split or duplicate samples to be taken by EPA, and/or their authorized representative, of any samples collected by Respondents pursuant to the implementation of this Consent Order. Respondents shall notify EPA not less than fourteen (14) days in advance of any sample collection activity. In addition, EPA shall have the right to collect any additional samples that EPA deems necessary. D. Respondents shall ensure that the l=~oratory utilized by Respondents for analyses participates in a EPA quality assurance/quality control program equivalent to that which is followed by EPA and which is consistent with EPA document QAMS-005/80. In addition, EPA may require submittal of data packages equivalent to those generated in the EPA Contract Laboratory Program (CLP) and may require laboratory analysis of performance samples (blank and/or spike samples) in sufficient number to determine the capabilities of the laboratory. E. Notwithstanding any provision of this Consent Order, the EPA hereby retains all of its information gathering, inspection and enforcement authorities and rights under CERCLA, RCRA, and any other applicable statute or regulation. XI. ACCESS A. From the date of execution of this Consent Order until EPA provides written notice of satisfaction of the terms of the Order, the EPA and its authorized representatives and agents shall have access at all times to the Site and any property to which access is required for the implementation of this Consent Order, to the extent access to the property is controlled by or available to Respondents, for the purposes of conducting any activity authorized by or related to this Consent Order, including, but not limited to: 1. Monitoring the RI/FS work or any other activities taking place on the property; 2. Verifying any data or information submitted to the United States; 3. Conducting investigations relating to contamination at or near the Site; 4. Obtaining samples; 5. Evaluating the need for or planning and implementing additional remedial or response actions at or near the Site; and 6. Inspecting and copying records, operating logs, contracts, or other documents required to assess Respondents' compliance with this Consent Order. As provided herein, Respondents' obligation tp provide EPA access to property owned by Respondents shall be limited to the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, or during any other period when Work is being performed at such property on behalf of Respondents under this Administrative Consent Order. B. To the extent that the Site or any other area where work is to be performed under this Consent Order is owned or controlled by persons other than Respondents, Respondents shall secure from such persons access for Respondents, as well as for EPA and authorized representatives or agents of EPA, as necessary to effectuate this Consent Order. Copies of such access agreements will be provided to EPA prior to Respondents' initiation of field activities. If access is not obtained within thirty (30) days of the effective date of this Consent Order, Respondents shall promptly notify the EPA. The United States may thereafter assist Respondents in obtaining'access. Respondents shall, in accordance with Section XVIII herein, reimburse the United States for all costs incurred by it in obtaining access, including but not limited to, attorneys' fees and the amount of just compensation and costs incurred by the United States in obtaining access. C. Notwithstanding any provision of this Consent Order, the EPA retains all of its access authorities and rights under CERCLA, RCRA and any other applicable statute or regulations. XII. CONFIDENTIALITY OF SUBMISSIONS A. Respondents may assert a confidentiality claim, if appropriate, covering part or all of the information requested by this Consent Order pursuant to 40 C.F.R. § 2.203(b). Such an assertion will be adequately substantiated when the assertion is made. Analytical data will not be claimed as confidential by Respondentso Information determined to be confidential by EPA will be afforded the protection specified in 40 C.F.R. Part 2, Subpart B. If no such claim accompanies the information when it is submitted to EPA, it may be made available to the public by EPA without further notice to Respondent. B. Respondents and EPA waive any objection to the admissibility into evidence (without waiving any objection as to weight) of the results of any analyses of sampling conducted by or for them at the Site or of other data gathered pursuant to this Consent Order that has been verified by the quality assurance/quality control procedures established pursuant to Section X. XIII. RECORD PRESERVATION EPA and Respondents agree that each will preserve, during the pendency of this Consent Order and for a minimum of six (6) years after its termination, all records and documents in their possession or in the possession of their divisions, employees, agents, accountants, contractors, or attorneys which relate in any way to the Site, despite any document retention policy to the contrary. After this six year period, Respondents will notify EPA within ninety (90) calendar days prior to the destruction of any such documents. Upon request by EPA, Respondents will make available to EPA such records or copies of any such records. Additionally, if EPA requests that documents be preserved for a longer period of time, Respondents will comply with that request. XIV. REIMBURSEMENT OF COSTS Within thirty (30) days after the effective date of this Section XIV of the Order as provided for in Section XXII, Respondents shall pay $429,731.23, in the manner detailed below, for reimbursement of past response costs paid by the United States. Past response costs are all costs, including, but not limited to, direct and indirect costs, that the United States, its employees, agents, contractors, consultants, and other authorized representatives incurred and paid with regard to the Site prior to December 3, 1997. In addition, Respondents shall reimburse EPA for all future response costs, not inconsistent with the NCP, incurred by the United States. Future response costs are all costs, including, but not limited to, indirect and indirect costs, that the United States incurs in reviewing or developing plans, reports and'other items pursuant to this AOC, verifying the Work, or otherwise implementing, overseeing, or enforcing this AOC. Future response costs shall also include all costs, including direct and indirect costs, paid by the United States in connection with the Site between December 3, 1997 and the effective date of this AOC and all interest on the Past Response Costs from the date of execution of the A0C to the date of payment of Past Response Costs. On a periodic basis, EPA shall submit to Respondents a bill for future response costs that includes a cost summary. Respondents shall, within 30 days of receipt of the bill, remit a cashier's or certified check for the amount of the bill made payable to the "Hazardous Substance Superfund," to the following address: U. S. Environmental Protection Agency Region IV Superfund Accounting P. 0. Box 100142 Atlanta, Georgia 30384 ATTENTION: (Collection Officer for Superfund) Respondents shall simultaneously transmit a copyof the check to EPA, Region IV, 100 Alabama Street, Atlanta, Georgia 30303. Payments shall be designated as "Response Costs - Sanford Gasification Plant Site" and shall reference the payor's name and address, the EPA site identification number 04YZHV00, and the docket number of this Order. In the event that the payment for past response costs is not made within 30 days of the effective date of this AOC or the payments for future response costs are not made within 30 days of the Respondents' receipt of the bill, Respondents shall pay interest on the unpaid balance. Interest is established at the rate specified in Section 107(a) of CERCLA. The interest to be paid for Respondent's failure to make timely payments on Past Response Costs shall beginto accrue on the effective date of the Order. The interest for Respondent's failure to make timely payments on Future Response costs shall begin to accrue on the date of the Respondent's receipt of the bill. Interest shall accrue at the rate specified through the date of the payment. Payments of interest made under this paragraph shall be in addition to such other remedies or sanctions available to the United States by virtue of Respondents' failure to make timely payments under this Section. Respondents may dispute all or part of a bill for Future Response Costs submitted under this Order, if Respondents allege that EPA has made an accounting error, or if Respondents allege that a cost item is inconsistent with the NCP. If any dispute over costs is resolved before payment is due, the amount due will be adjusted as necessary. If the dispute is not resolved before payment is due, Respondents shall pay the full amount of the uncontested costs into the Hazardous Substance Fund as specified above on or before the due date. Within the same time period, Respondents shall pay the full amount of the contested costs into an interest-bearing escrow account. Respondents shall simultaneously transmit a copy of both checks to Paula Batchelor, EPA, Waste Programs Branch, 61 Forsyth Street, Atlanta, Georgia 30303. Respondents shall ensure that the prevailing party or parties in the dispute shall receive the amount upon which they prevailed from the escrow funds plus interest within 30 days after the dispute is resolved. XV. DISPUTE RESOLUTION Any disputes arising under this COnsent Order shall be resolved as follows: If the Respondents object to any EPA notice of disapproval or decision made pursuant to this Consent Order, the Respondents shall notify EPA's Project Coordinator in writing of their objections within 14 calendar days after receipt of the decision. Respondents' written objections shall define the dispute, state the basis of Respondents' objections, and be sent certified mail, return receipt requested. EPA and the Respondents then have an additional fourteen (14) calendar days to reach agreement. If agreement cannot be reached within fourteen (14) calendar day period, the EPA Waste Management Division Director shall provide a written statement of the decision and the reasons supporting that decision to Respondents. The Division Director's determination is EPA's final decision. If Respondents do not agree to perform or do not actually perform the task in dispute as determined by EPA's Division Director, EPA reserves the right to conduct the work itself, to seek reimbursement from the Respondents, and/or to seek other appropriate relief. Respondents are not relieved of their oblidations to perform and conduct any work required by this Consent Order while a matter is p~nding in dispute resolution. XVI. FORCE MAJEURE A. "Force Majeure" is defined for the purposes of the Consent Order as an event arising from causes entirely beyond the control of Respondents and of any entity controlled by Respondents including their contractors and subcontractors, which could not have been overcome by due diligence which delays or prevents the performance of any obligation under this Consent Order. Examples of events which may constitute force maieure events include extraordinary weather events, natural disasters, and national emergencies. Examples of events that are not force ma~eure events include, but are not limited to, normal inclement weather, increased costs or expenses of the Work to be performed under this Consent Order, the financial difficulty of Respondents to perform such tasks, the failure of one Qr more of Respondents to satisfy their obligation under this Consent Order, acts or omissions not otherwise force majeure attributable to Respondents' contractors or representatives, and the failure of Respondents or Respondents' contractors or representatives to make complete and timely application for any required approval or permit. B. When circumstances occur which may delay or prevent the completion of any phase of the Work Plan or access to the Site or to any property on which part of the Work Plan is to be performed, whether or not caused by a force majeure event, Respondents shall notify the EPA Project Coordinator orally of the circumstances within forty-eight (48) hours of when Respondents first knew or should have known that the event might cause delay. If the EPA Project Coordinator is unavailable, Respondents shall notify the designated alternate or the Director of the Waste Management Division, EPA Region IV. Within seven (7) calendar days after Respondents first became aware of such circumstances, Respondents shall supply to EPA in writing: (1) the reasons for the delay; (2) the anticipated duration of the delay; (3) all actions taken or to be taken to prevent or minimize the delay; (4) a schedule for implementation of any measures to be taken to mitigate the effect of the delay; and (5) a statement as to whether, in the opinion of the Respondents, such event may cause or contribute to an endangerment to public health, welfare, or the environment. Respondents shall exercise best efforts to avoid or minimize any delay and any effects of a delay. Failure to comply with the above requirements shall preclude Respondents from asserting any claim of force majeure. C. If EPA agrees that a delay is or was caused by a force majeure event, the time for performance of the obligations under this Consent Order that are directly affected by the force ma~eure event shall be extended by agreement of the parties, pursuant to Section XXIII, for a period of time not to exceed the actual duration of the delay caused by the force maieure event. An extension of the time for performance of the obligation directly affected by the force majeure event shall not necessarily justify an extension of time for performance of any subsequent obligation. D. If EPA does not agree that the delay or anticlpated delay has been or will be caused by a force majeure event, or does not agree with Respondents on the length of the extension, the issue shall be subject to the dispute resolution procedures set forth in Section XV of the Consent Order. In any such proceedings, to qualify for a force ma~eure defense, Respondents shall have the burden of proof that the delay or anticipated delay was or will be caused by a force maieure event, that the duration of the delay was or will be warranted under the circumstances, that best efforts were exercised to avoid and mitigate the effects of the delay, and that Respondents complied with the requirements of paragraph B of this Section. Should Respondents carry this burden, the delay at issue shall be deemed not to be a violation by Respondents of the affected obligation of the Consent Order. XVII. STIPULATED PENALTIES Unless excused under the provisions of Sections XIV or XV, the Respondents shall pay into the Hazardous Substance Superfund administered by EPA, the sums set forth below as stipulated penalties. Stipulated penalties shall accrue as follows: For each day during which Respondents fail to perform, in accordance with the schedules contained in this Consent Order and in the various plans and reports required under this Consent Order incorporated by reference herein, any of the following activities: 1. for failure to timely submit the RI/FS Work Plan, Sampling and Analysis Plan, draft RI Report and draft FS Report required under this Order; 2. for failure to timely submit any modifications requested by EPA or its representatives to the RI/FS Work Plan, Sampling and Analysis Plan, draft RI Report and draft FS Report as required under this Order; and 3. for failure to timely submit payment of oversight costs as provided in Section XVIII. Respondents shall be liable to EPA for stipulated penalties in the following amounts: Period of Failure to Comply Penalty Per Violation Per Day 1st through 14th day $1,500 15th through 44th day $3,000 45th day and beyond $7,500 B. If Respondents fail to submit a monthly progress report by its due date, Respondents shall be liable to EPA for stipulated penalties in the amount of $750 per violation for each day during which Respondents fail to submit and, if necessary, modify monthly reports. C. Respondents shall be liable to EPA for stipulated penalties in the amount of $750 per violation for each day during which Respondents fail to comply with all other requirements of this Consent Order including, but not limited to, any implementation schedule, payment requirement, notification requirement or completion deadline. All stipulated penalties begin to accrue on the day the violation occurs or on the day following Respondents failure to comply with any schedule or deadline or the terms, conditions, or requirements contained in this Consent Order and/or Work Plan. Stipulated penalties shall continue to accrue until Respondents' violation ends or until Respondents comply with the particular schedule or deadline. Payment of stipulated penalties shall be due and owing within fifteen (15) days from the receipt of a written notice from EPA notifying Respondents that penalties have been assessed. Interest shall accrue on any unpaid amounts, beginning at the end of the fifteen day period, at the rate established by the Department of Treasury under 31 U.S.C. § 3717. Respondents shall pay a handling charge of one percent to be assessed at the end of each 31 day period, and a six percent per annum penalty charge, to be assessed if the penalty is not paid in full within 90 days after it is due. The check and transmitted letter shall identify the Name of the Site, the Site identification number and the title of this Order. A copy of the transmittal letter should be sent simultaneously to the EPA Project Coordinator. Payment shall be made to: U. S. Environmental Protection Agency Region IV Superfund Accounting P. O. Box 100142 Atlanta, Georgia 30384 ATTENTION: (Collection Officer for Superfund) Respondents may dispute EPA'S right to the stated amount of penalties by invoking the Dispute Resolution procedures under Section XV of this Order. Penalties shall accrue but need not be paid during the dispute resolution period. If Respondents do not prevail upon resolution, all penalties shall be due to EPA within 30 days of resolution of the dispute. If Respondents prevail upon resolution, no penalties shall be paid. In the event that EPA provides for corrections to be reflected in the next deliverable and does not require resubmission of that deliverable, stipulated penalties for that interim deliverable shall cease to accrue on the date of such decision by EPA. Nothing herein shall prevent the simultane6us accrual of separate penalties for separate violations of this Consent Order. The stipulated penalties set forth in this Section do not preclude EPA from electing to pursue any other remedies or sanctions which may be available to EPA by reason of the Respondents' failure to comply with any of the requirements of this Consent Order. Such remedies and sanctions may include a suit for statutory penalties up to the amount authorized by law, a federally-funded response action, and a suit for reimbursement of costs incurred by the United States. XVIII. RESERVATION OF RIGHTS Notwithstanding compliance with the terms of this Consent Order, the Respondents are not released from liability, if any, for any actions beyond the terms of this Consent Order taken by EPA regarding this Site. EPA reserves the right to take any enforcement action pursuant to CERCLA or any other available legal authority, including the right to seek injunctive relief, monetary penalties, and punitive damages for any violation of law or this Consent Order. Except as otherwise provided herein, EPA and Respondents expressly reserve all rights and defenses that they may have, including EPA's right both to disapprove of work performed by Respondents and to require that Respondents perform tasks in addition to those detailed in the RI/FS Work Plan, as provided in this Consent Order. In the event that Respondents decline to perform any additional or modified tasks, EPA will have the right to undertake any RI/FS work. In addition, EPA reserves the right to undertake removal actions and/or remedial actions at any time. In either event, EPA reserves the right to seek reimbursement from Respondents thereafter for such costs which are incurred by the United States and Respondents reserve all rights to contest or defend against such claims or actions. Following satisfaction of the requirements of this Consent Order, Respondents shall have resolved their liability to EPA for the performance of the RI/FS that is the subject of this Order. The Respondents are not released from liability, if any, for any actions taken beyond the terms of this Order regarding removals, other operable units, remedial design/remedial action (RD/RA), or activities arising pursuant to section 121(c)of CERCLA. XIX. OTHER CLAIMS Nothing in this Consent Order constitutes a release from any claim, cause of action or demand in law or equity against any person, firm, partnership, or corporation for any liability it may have arising out of or relating in any way to the generation, storage, treatment, handling, transportation, release, or disposal of any hazardous substances, hazardous wastes, pollutants, or contaminants found at, taken to, or taken from the Site. EPA reserves the right to bring an action against the Respondents pursuant to Section 107 of CERCLA for recovery of all response and oversight costs incurred by the United States related to this Consent Order and not reimbursed by Respondents, as well as any other past and future costs incurred by the United States in connection with response activities conducted pursuant to CERCLA at this site. This Consent Order does not constitute a preauthorization of funds under Section ill(a)(2) of CERCLA, 42 U.S.C. ~ 9611(a)(2). In entering into this Consent Order, Respondents waive any right to seek reimbursement under Section 106(b)(2) of CERCLA, 42 U.S.C. § 9606(b)(2), for any past costs associated with this Site, or any costs incurred in complying with this Order. Respondents shall bear their own costs and attorney fees. XX. COVENANT NOT TO SUE Except as otherwise specifically provided in this Order, upon issuance of the EPA notice referred to in Section XXVII Notice of Completion, EPA covenants not to sue Respondents for judicial imposition of damages or civil penalties or to take administrative action against Respondents for any failure to perform Remedial Investigation/Feasibility Study actions agreed to in this Order except as otherwise reserved hereino Except as otherwise specifically provided in this Order, in consideration and upon Respondent's payment of the future response costs specified in Section XIV of this Order, EPA covenants not to sue or to take administrative action against Respondents under Section 107(a) of CERCLA for recovery Of future response costs incurred by the United States in connection with the Remedial Investigation/Feasibility Study action agreed to by respondents under this Order. This covenant not to sue shall take effect upon the receipt by EPA of the payments required by Section XIV Reimbursement of Costs. These covenants not to sue are conditioned upon the complete and satisfactory performance by Respondents of their obligations under this Order. These covenants not to sue extend only to the Respondents, their successors and assigns, and do not extend to any other person. XXI. CONTRIBUTION PROTECTION With regard to claims for contribution against Respondents for matters addressed in this Order, the Parties hereto agree that the Respondents are entitled to protection from contribution action or claims to the extent provided by Sections 113(f)(2) and 122(h)(4) of CERCLA, 42 U.S.C. §~ 9613 (f)~2) and 9622 (h)(4). Nothing in this Order precludes the United States or the 20 !~ Respondents from asserting any claims, causes of action or demands against any persons not parties to this Order for indemnification, contribution, or cost recovery. XXII. OTHER APPLICABLE LAWS All actions required to be taken pursuant to this Consent Order will be undertaken in accordance with the requirements of all applicable local, state, and federal laws and regulations unless an exemption from such requirements is specifically provided in this Consent Order, or made a part of this Consent Order by being incorporated herein at some later date. XXIII. INDEMNIFICATION OF THE UNITED STATES GOVERNMENT A. Except as provided in Paragraph B below, Respondents agree to indemnify and save and hold harmless the United States, its agencies, departments, officials, agents, ~mployees, contractors, or representative, from any and all claims or causes of action arising from or on account of acts or omissions of Respondents, their officers, employees, receivers, trustees, agents, or assigns, in carrying out the activities pursuant to this Consent Order. The United States Government or any agency or authorized representative thereof shall not be held to be a party to any contract involving Respondents at or relating to the Site. B. Regarding Respondent, City of Sanford, such indemnification and hold harmless is made subject to the limitations of Section 768.28., Florida Statutes. The City of Sanford is prohibited by the foregoing statute from entering into agreements which include an indemnification of other parties. To the extent allowed by law, the City of Sanford assumes liability for its acts and omissions and the acts or omissions of the city's officers, employees, receivers, trustees, agents, or assigns in carrying out the activities pursuant to this Consent Order. Nothing herein shall be construed to waive the City of Sanford's sovereign immunity. XXIV. PUBLIC COMMENT Final acceptance by EPA of Section XIV of this Order, Reimbursement of Costs, shall be subject to Section 122(I) of CERCLA, 42 U.S.C. Section 9622(I), which requires EPA to publish notice of the proposed settlement in the Federal register, to provide.persons who are not parties to the proposed settlement an opportunity to comment, solely on the cost recovery component of the settlement, and to consider comments filed in determining whether to consent to the proposed settlement. After consideration of any comments submitted during the 30-day public comment period held pursuant to Section 122(I) of CERCLA, EPA may withhold consent to all or part of Section XIV of this Order if comments received disclose facts or considerations which indicate that Section XIV of this Order is inappropriate, improper, or inadequate. Otherwise, Section XIV shall become effective when EPA issues notice to Respondents that the former is not withdrawing from this section of the Order. Upon submittal to EPA of the Feasibility Study Final Report, EPA will make both the Remedial Investigation Final Report and the Feasibility Study Final Report and EPA'S Proposed Plan available to the public for review and comment for, at a minimum, a thirty (30) day period, pursuant to EPA's Community Relations Plan and the NCP. Following the public review and comment period, EPA will notify Respondents of the remedial action alternative selected for the Site. XXV. EFFECTIVE DATE AND SUBSEOUENT MODIFICATION In consideration of the communications between Respondents and EPA prior to the issuance of this Consent Order concerning its terms, Respondents agree that there is no need for a settlement conference prior ~o the effective date of this Consent Order. Therefore, the effective date of this Consent Order will be the date on which it is received by Respondents. This Consent Order may be amended by mutual agreement of EPA and Respondents. Such amendments will be in writing and will have, as the effective date, that date on which such amendments are signed by EPA. EPA Project Coordinators do not have the authority to sign amendments to the Consent Order. Any reports, plans, specifications, schedules, and attachments required by this Consent Order are, upon approval by EPA, incorporated into this Consent Order. Any.noncompliance with such EPA approved reports, plans, specifications, schedules, and attachments will be considered a failure to achieve the requirements of this Consent Order and will subject the Respondents to the provisions included in the "Force Ma~eure" and "Stipulated Penalties" sections (Sections XVI and XVII) of this Consent Order. No informal advice, guidance, suggestions, or comments by EPA regarding reports, plans, specifications, schedules, and any other writing submitted by Respondents will be construed as relieving Respondents of their obligation to obtain such formal approval of EPA as may be required by this Consent Order. XXVI. NOTICE TO THE STATE EPA has notified the State of Florida regarding the requirements of this Consent Order. Upon completion of the RI/FS, pursuant to the requirements of Section 104(c)(2) of CERCLA, 42 U.S.C. § 9604(c)(2), EPA will notify the State of Florida before determining the appropriate remedial action to be taken at the Site. XXVII. NOTICE OF COMPLETION When EPA determines, after EPA's review of the Final Report, that all Remedial Investigation/Feasibility Study actions have been fully performed in accordance with this Order, with the exception of any continuing obligations required by this Order, including record retention, EPA will provide notice to the Respondents. If EPA determines that any RI/FS actions have not been completed in accordance with this Order, EPA will notify Respondents, provide a list of deficiencies, and require that Respondents modify the Scope of Work if appropriate in order to correct such deficiencies. Respondents shall implement the modified and approved Scope of Work and shall submit a modified Final Report in accordance with the EPA notice. Failure by Respondents to implement the approved modified Scope of Work plan shall be a violation of this Order. XXVIII. TERMINATION AND SATISFACTION This Consent Order shall terminate when the Respondents demonstrate in writing and certify tO the satisfaction of EPA that all activities required under this Consent Order, including any additional work, payment of past costs, response and oversight costs, and any stipulated penalties demanded by EPA, have been performed and EPA has approved the certification. This notice shall not, however, terminate Respondents' obligation to comply with Sections XIII, XIV, and XIII of this Consent Order. The certification shall be signed by a responsible official representing each Respondent. Each representative shall make the following attestation: "I certify that the information contained in or accompanying this certification is true, accurate, and complete." For purposes of this Consent Order, a responsible official is a corporate official who is in charge of a principal business function. IT IS SO AGREED: on.dent) James $. lhomas, Jr. Date (Title) Vice P~id~nt-Legal AS AGENT FOR Atlanta Gas LIght Compan~ IT IS S~2GREED AND O ~ · Curt Date Chief Sou~ Site M~agement Br~ch Region IV U.S. Enviror~entM Protection Agency IT IS SO AGREED: (Rcspondent) C.L. Stein Date (Title) Senior Vice President IT IS SZ~:GREED~,D O E D: Curt Date Chief South Site Management Branch Region IV U.S. Environmental Protection Agency IT IS SO AGREED: BY: SO AGREED A 0 . BY: Curt Date Chief South Site Management Branch Region IV U.S. Environmental Protection Agency IT IS SO AGREED: IT IS SO AGREED D O : BY: ~ i%PR · Date Chief South Site Management Branch Region IV U.S. Environmental Protection Agency STENSTROM, MCINTOSH, COLBERT, WHIGHAM & SIMMONS, I:'. A. ATTORNEYS AND COUNSELLORS AT LAW SUNTRUST BANK · SUIT April 29, 1998 William A. Simmons, City Manager City of Sanford via HAND DELIVERY 300 North Park Avenue Sanford, FL 32771 Re: Sanford Gasification Plant Site Dear Ms. Simmons: Enclosed please fred for your review and records, the original signature pages of the Site Participation Agreement which have been fully executed by all of the PRP's. Please feel free to contact me should you have any questions regardbig this matter. Sincerely, STENSTROM, MclNTOSH, COLBERT, Enclosures xc: Honorable Mayor Larry Dale Thomas K. Maurer, Esquire William L. Colbert, Esquire fiCdes\dlm\citicsksanford~lettcrs~simmons.28:drl S~ord Gasification Plant Site P~cipation A~eement April 13, 1998 Page 9 of 13 Florida Power Coloration Ad&ess: P. 0. Box 14042 St. Petersburq, FL 33733 ~~.~ Si~ed in the presence of: PrintName: Kenneth E. Armstrong Print Name Date: March 26, 1998 Desi~ated R~resentative for Receipt of Notice and hvoices: Name: R. Alexander Glenn Ad~ess: P. 0. Box 14042 St. Petersburg. FI 33733 Tel~honeNumber: (813) 866-5587 Facsimile Number: (813) 866-4931 Sanford Gasi~caton Plant Site Participation Ageement April 13, 1998 Page I0 off3 City of Sanford Address: P- O. Box 1788 San£ord, FL 32772 ~y./~~~~ Signed in the presence of: ~it~ess Signature Vor Janet R. Dougharty PrintN~e,: Larry A. Dale PrintName Date: April 13o 1998 Designated Representative for R~ceipt of Notice and Invoices: Nar~e: William A. Simmons P-. O. Box 1788 Address: Sanford, FL 32772 T~]cphoneN-rnber. 407-330-5604 407-330-5606 Fac$~m{]e Number: Sanferd Gasi~cation Plant Site Paxticipalion Agreement March 16, 1998 Page I1 of 13 Florida Power and Light Company Address:.__~,~hV~v~  Si~ed in the prese~e~ By:. ~e ~R~A PO~ & LI~T C~ Address: 700 ~I~E BO~EV~ JO B~CH, ~O~A 33408 Tellbone Numbs: (561) 691-7054 Facsimile Nmber: (561) 691-7070 S2~aford Gasification Plant Site Participation Agreement March 16, 1998 Page 12 of 13 Atlanta Gas Light Company Address: 303 Peachtree St., N.E. Third Floor Atlanta, GA 30308 By: __ James $. Thomas, Jr. Wimess Signature Its: Vice President-Legal Edward A. Kazmarek Print Name: .......AS AGENT FOist Prim Name 7~ ~ Ligltt C, OffilNiny Date: ~ - 2 & - q % Designated Representative for Receipt of Notice and Invoices: Name: Edward A. Kazraarek KllpatrlcR Stockton LLP 1100 Peachtrea St., Suite 2800 Address: Atlanta, GA 30309 Telephone Number: (404) 815-6471 Facsimile Number: (404) 815-6017 Sanford Gasi~cation Plant Site Participation Agreexnent March 16, 1998 Page 13 of 13 Florida Public Utilities Corporation Address: Po Box 3395 West Palm Beach, FL 33402-3395 Wimess Signature Its: Senior Vice President /Bonn~e L. Erdek Print Name: C.L. Stein Print Name Date: March 25, 1998 Designated Representative for Receipt of Notice a~d Invoices: Nmne: William L. Pence, Esquire Address: AKERMAN, SENTERFITT & EIDSON, P.A. 255 South Orange Avenue, 17th Floor Orlando, FL 32801 Telephone Number: (407) 843-7860 Facsimile Number: (407) 843-6610 STENSTROM, McINTOSI-I, COLBERT, WHIGHAM & SIMMONS, P.A. ATTORNEYS AND COUNSEl_LOtS AT LAW SUNTRUST BANK · SUITE ~ DONNA L,S, MCINTOSH HTTp://W~.STENSTROM.COM ~ : ~ ~:',:~ ~ ~ ~ ", CATHERIN~ D. REISCHHANN It ~ MAY ~ RETI"ED May 13, 1998 ..._.. ..._ William A. Si~ons, CiW M~ager Ci~ of Sanford via ~ DEL~RY 300 Noah Park Avenue Safford, FL 32771 Re: Sfford Gasification Pl~t Site Dear ~. S~ons: I have enclos~ for yo~ r~ew ~d the Ci~s p~t records the ofigin~ si~ature pages for the P~'s Escrow Agreement. ~1 of the P~'s have now executed the Escrow Agreement. Please feel flee to contact me should you have ~y questions regarding tMs matter. Sincerely, STENSTROM, Mc~TOSH, COLBERT, Enclosures xc: Honorable Mayor La~ Dale Thomas K. Maurer~ Esquire Wil~ L. Colbe~, Esquire ~les\dhn\citiesXsanfordXle~ers~simmons.30:drl Sanford Gasi~cation Plant Site Escrow Agreement April 13, 1998 Page 8 of 13 19. Time of Essence. Time is of the essence in the performance of the terms of this Escrow Agreement. 20. Execution in Counterparts. This Escrow Agreement may be signed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrttment. If these t~rms and conditions are acceptable, please sign below. The acceptance of the terms and conditions of this Escrow Agreement by the Members is reflected by their attached signature pages which are incorporated herein. Rivero, Gordimer & Company, P.A. Certified Public Accountants S~gned m e By: ~ . . J · ~' Its: Vf ~ 5~cr~z4 Print Name Date: Sanford Gasi~cation Plant Site Escrow Agreement April 13, 1998 Page 9 of 13 Florida Power Corporation Address: P. 0. Box 14042 St. Petersburg, FL 33733 Signed in the presence of: Its: Director, Environmental Services Dept. Sharon K. Momberg Print Name: W. Jeffrey Pardue Print Name Date: Designated Representative for Receipt of Notice and Invoices: Name: R · A1 PxFlndPr C, 1 ~nn Address: P.O. Box 14042 St. Petersburg, FL 33733 Telephone Number: (813) 866-5587 Facsimile Number: (813) 866-4931 TAXPAYERIDENT1FICATIONNO.: 59-0247770 Sanford Gasification Plant Site Escrow Agreement April 13, I998 Page 10 of 13 City of Sanford Address: P. O. Box 17811 Sanford, FL 32772 y..~//~ Signed in the presence of: Its: Mayor Janet R. Dougherty P~nt Name: LarrV A. Dale Print Name Date: April 13o 1998 DesignatedRepresentative BrReceiptofNoticeand hvoices: Name: William A. Simmon~ Address: P.O. Box 1788 Sanford, FL 32772 Telephone Number: 407-330-5604 407-330-5606 Facsimile Number: TAXPAYER IDENTIFICATION NO.: 59-6000425 Sanford Gasi~cation Plant Site Escrow Agreement April 13, 1998 Page 11 of 13 Florida Power and Light Company Address: 700 UNIVERSE BOULEVARD JUNO BEAClt, I~LORIDA 33408 q Signed in the presence of: By: / ~ ~ ' Witness Signature Its: CdlA~t~.4~t~ ~x~e'L ASHLIE O"BRIEN LEI4KE Print Name: ROBERT B, BERGSTROI4 Print Name Date: APRIL 29, 1998 Designated Representative for Receipt of Notice and Invoices: Name: KA'ray' SALVADORE FLORIDA POI,/F,R & LIGItT COMPANY Address: 700 UNIVERSE BOUt,EVARO JLrNO BEACH, FLORIDA 33408 (561) 691-7054 Telephone Number: Facsimile Number: (561) 691-7010 TAXPAYER IDENTIFICATION NO.: Sanford Gasi~cation Plant Site Escrow Agreement April 13, 1998 Page 12 of 13 Atlanta Gas Light Company Address: 303 Peachtree St., NE Atlanta, GA 30308 Signed in the presence of: James S. Thomas, Jr. Witness Si e Its: Vice President-legal Allyson Massey Print Name: James S. Thomas, Jr. PrintNaIne Date: ~' -'7 ~ q ~> Design~ed Representative for Receipt of Notice and Invoices: Name: Larry Bradbury Address: 303 Peachtree St., NE Atlanta, GA 30308 Telephone Number: (404) 584-3727 Facsimile Number: (404) 584-3735 TAXPAYER IDENTIFICATIONNO.: 58-0145925 Sanford Gasi~cation Plant Site Escrow Agreement April 13, 1998 Page 13 of 13 Florida Public Utilities Company Address: 401 S. Di xi e H qhx~ay I~&st Pal m Beach, FL 33401 Signed in the presence of: Wimess Signature Its: Sr. Vf ce Presi dent IMIliamL. Pence Print Name: C. L. Stein Print Name Date: Apri I 13, 1998 Designated Representative for Receipt of Notice and Invoices: Name: ~ I I i am L. Pence, Esq. /xkerrmn, Senterfi tt & Eidson, P.A. Address: 255 S. Orange Avenue 171h FIoor - a trus Center Orl andg, FL 3';'80~ Telephone Number: 407/843-7860 Facsimile Number: 407/843-6610 TAXPAYER IDENTIFICATION NO.: 59-0539080