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