ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT PREAMBLE. This Special Order by Consent is made and entered into by the Alabama Department of

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1 ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT IN THE MATTER OF United States Department of the Army United States Army Garrison, Redstone 4488 Martin Road Redstone Arsenal, Alabama Huntsville, Madison County, Alabama Consent Order NO. 13-XX-CHW USEPA ID NUMBER AL PREAMBLE This Special Order by Consent is made and entered into by the Alabama Department of Environmental Management (hereinafter "ADEM" or "the Department") and Redstone Arsenal (hereinafter "RSA" or "Operator"), pursuant to the provisions of the Alabama Environmental Management Act, Ala. Code 22-22A-1 to 22-22A-16 (2006 Rplc. Vol.), and the Alabama Hazardous Wastes Management and Minimization Act (AHWMMA), Ala. Code to (2006 Rplc. Vol.), and the ADEM Administrative Code, promulgated thereunder. STIPULATIONS 1. Redstone Arsenal (RSA) is a facility that is owned and operated by the United States Department of the Army. Redstone Arsenal is a research and development facility as directed by the Department of Defense. Redstone Arsenal is located at 4488 Martin Road, Redstone Arsenal in Madison County. RSA has been assigned the USEPA ID Number AL Redstone Arsenal operates under a hazardous waste facility permit that was approved by ADEM on September 30, 2010, which incorporates Redstone Arsenal Installation Restoration Site Access Control Program, Redstone Arsenal Regulation (RR) The Alabama Department of Environmental Management is a duly constituted department of the State of Alabama pursuant to Ala. Code 22-22A-1 to 22-22A-16 (2006 Epic. Vol.). 3. Pursuant to Ala. Code 22-22A-4(n) (2006 Rplc. Vol.), the Department is the state agency responsible for the promulgation and enforcement of solid and hazardous waste

2 regulations in accordance with the federal Solid Waste Disposal Act, 42 U.S.C to 6992k, as amended. In addition, the Department is authorized to administer and enforce the provisions of the Alabama Hazardous Wastes Management and Minimization Act, Ala. Code to (2006 Rplc. Vol.). DEPARTMENT'S CONTENTIONS 4. On September 11, 2012 a Compliance Evaluation Inspection (CEI) was conducted by the Governmental Compliance Unit. During this CEI at RSA, violations of the ADEM Administrative Code and the facilities AHWMMA Permit were noted. A. ADEM Administrative Code rule (1)(a) requires that the permittee must comply with all conditions of the hazardous waste permit, except as authorized by an emergency permit. AHWMMA PERMIT A AL Part IV.C.1.iii permit condition allows Open Burn and Open Detonation (0B/OD) treatment only when the cloud cover is less than 80 percent. RSA failed to comply with this permit condition when it operated the OB/OD units on September 11, 2012 with the cloud cover greater than the permit requirement of 80"..i.;. According to National Weather Service records, the site had 100% cloud cover for that day of operation. During the review of the September 11, 2012 operation logs for the Open Burn and Open Detonation areas, ADEM inspectors observed that RSA failed to check the site's cloud cover prior to operating the units. RSA OB/OD operations personnel confirmed that the operators did not review the cloud cover requirement prior to operating the units, nor did the operators note the percent cloud cover in their operation logs. 13. ADEM Administrative Code rule (6)(a) states that a large quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated. During the CEI the inspectors noted that in Buildin,,, 5423, which is operated by Chugach, a container of universal waste mercury thermostats was dated August 24, Thus the universal waste

3 mercury thermostats were accumulated for greater than the one year accumulation time lim it. 5. As a result of the investigation, the Department issued a Notice of Violation on October 15, 2012, that cited violations of the AHWMMA Permit and the ADEM Administrative Code. 6. The Redstone Arsenal Regulations establish an access control program for environmental sites on Redstone Arsenal that are being addressed under the Comprehensive Environmental Response Compensation and Liability Act, the Resource Conservation and Recovery Act, or other environmental regulation under any type of remedial action. 7. On January 31, 2012 RSA notified ADEM that a utility contractor excavated a trench through Solid Waste Management Unit (SWMU) MSFC-003. The soil that was excavated from this trench contained visible Munitions and Explosives of Concern (MEC). MSFC-003 is listed in RSA's current AHWMMA Permit as a SWMU that is a former disposal site for confirmed unexploded ordinance, possible chemical agents, and assorted toxic contaminants. The following noncompliance with RSA's regulations was noted by ADEM personnel during their review of RSA's incident submittal. A. The utility contractor did not immediately stop excavation of the trench as soon as any unexploded ordnance was discovered as required by paragraph 5.d.(2)(e) of RR B. The MEC contractor personnel did not provided anomaly avoidance support during the excavation of the trench as required by the Special Hazards Evaluation RR IRP/MMRP Work Plan Evaluation Checklist. C. Chemical Warfare Material/Chemical Warfare Agent (CWM/CWA) was not removed or cleared from the site prior to any work being conducted as required by the Special Hazards Evaluation section of the RR IRP/ MMRP Work Plan Evaluation Checklist.

4 D. A subsurface survey for MEC/CWM was not conducted prior to the commencement of the trenching activity in MSFC-003 as required by the Special Hazards Evaluation section of the RR IRP/MMRP Work Plan Evaluation Checklist. 8. As a result of the incident, the Department issued a Notice of Violation on May 1, 2012, that cited violations of the AHWMMA Permit and the ADEM Administrative Code. 9. Pursuant to Ala. Code s 22-22A-5(18)c. (2006 Rplc. Vol.), in determining the amount of any penalty, the Department must give consideration to the seriousness of the violation(s), including any irreparable harm to the environment and any threat to the health or safety of the public; the standard of care manifested by such person; the economic benefit which delayed compliance may confer upon such person; the nature, extent and degree of success of such person's efforts to minimize or mitigate the effects of such violation(s) upon the environment; such person's history of previous violations; and the ability of such person to pay such penalty. Any civil penalty assessed pursuant to this authority shall not exceed $25, for each violation, provided however, that the total penalty assessed in an order issued by the Department shall not exceed $250, Each day such a violation continues shall constitute a separate violation. In arriving at the civil penalty assessed in this Order, the Department has considered the following: A. SERIOUSNESS OF THE VIOLATION: The violations involved the failure of RSA to adhere to both hazardous waste regulations and its hazardous waste facility permit. B. THE STANDARD OF CARE: By committing these violations, RSA did not exhibit a standard of care sufficient to prevent the violations. C. ECONOMIC BENEFIT WHICH DELAYED COMPLIANCE MAY HAVE CONFERRED: RSA received minimal economic benefit as a result of noncompliance.

5 D. EFFORTS TO MINIMIZE OR MITIGATE THE EFFECTS OF THE VIOLATION UPON THE ENVIRONMENT: To date, RSA has initiated efforts to minimize the effects of noncompliance. E. HISTORY OF PREVIOUS VIOLATIONS: The Operator does have a history of non-compliance at this site. Over the last 10 years RSA has received 10 Warning Letters, 5 Notices of Violation (1 related to issues with the OB/OD area), and 1 Consent Order F'. THE ABILITY TO PAY: The Operator has not alleged an inability to pay the civil penalty. G. OTHER FACTORS: It should be noted that the Special Order by Consent is a negotiated settlement, and therefore, the Department has compromised the amount of the penalty it believes is warranted in this matter in the spirit of cooperation and in the desire to resolve this matter amicably without incurring the unwarranted expense of litigation. 10. The Department neither admits nor denies the Operator's contentions, which are set forth below. The Department has agreed to the terms of this Consent Order in an effort to resolve the alleged violations cited herein without the unwarranted expenditure of Stale resources in further prosecuting the above violations. The Department has determined that the terms contemplated in this Consent Order are in the best interests of the citizens of Alabama. OPERATOR'S CONTENTIONS 1 1. Upon discovery RSA took responsibility for the violations and implemented corrective actions immediately. In addition, RSA implemented measures to prevent the recurrence of these events. 12. RSA neither admits nor denies the Department's contentions. RSA consents to abide by the terms of this Consent Order and to pay the civil penalty assessed herein. As such, this Consent Order shall not be deemed or construed at any time for any purpose by anyone

6 ncluding but not limited to other parties who bring claims in any legal, administrative, or other proceeding) as an admission by RSA of liability. ORDER Therefore, RSA, along with the Department, desires to resolve and settle the compliance issues cited above. The Department has carefully considered the facts available to the Department and has considered the six penalty factors enumerated in Ala. Code 22-22A- 5(18) (2006 Rplc. Vol.), as well as the need for timely and effective enforcement, and the Department believes that the following conditions are appropriate to address the violations alleged herein. Therefore, the Department and RSA agree to enter into this Consent Order with the following terms and conditions: A. That immediately upon receipt of this Order and continuing thereafter, RSA shall comply with all terms, conditions, and limitations of the Alabama Hazardous Wastes Management and Minimization Act, Ala. Code to (2006 Rplc. Vol.), and the regulations promulgated thereto. B. That, should any provision of this Order be declared by a court of competent jurisdiction or the Environmental Management Commission to be inconsistent with Federal or State law and, therefore, unenforceable, the remaining provisions hereof shall remain in full force and effect. C. That the issuance of this Order does not preclude the Department from seeking criminal fines or other appropriate sanctions or relief against RSA for the violations cited herein. D. That failure to comply with the provisions of this Order shall constitute cause for commencement of legal action by the Department against RSA for recovery of additional civil penalties, criminal fines, or other appropriate sanctions or relief. E. That, not later than forty-five (45) days from the date of receipt of this Consent Order, RSA shall pay to the Department a civil penalty in the amount of $14, for the

7 violations cited in this Order. Said penalty due pursuant to this Order shall be made payable to the Alabama Department of Environmental Management by certified or cashier's check (or other payment methods acceptable to the Department) and shall be remitted to: Office of General Counsel Alabama Department of Environmental Management P. 0. Box Montgomery, AL Any payment submitted to the Department pursuant to this order shall reference RSA's name and address, and the ADEM Administrative Order number of this action. F. The parties agree that this Consent Order shall apply to and be binding upon both parties, their directors, officers, and all persons or entities acting under or for them. Each signatory to this Consent Order certifies that he or she is fully authorized by the party he or she represents to enter into the terms and conditions of this Consent Order, to execute the Consent Order on behalf of the party represented, and to legally bind such party. G. RSA agrees that it is not relieved from any liability if it fails to comply with any provision of this Consent Order. H. For purposes of this Consent Order only, RSA agrees that the Department may properly bring an action to compel compliance with the terms and conditions contained herein in the Circuit Court of Montgomery County. RSA reserves the right to request removal under federal law. RSA also agrees that in any action brought by the Department to compel compliance with the terms of this Agreement, it shall be limited to the defenses of Force Mojeure, compliance with this Agreement and physical impossibility, and those defenses available to the Federal Government under the U.S. Constitution and federal statutes. A Force Majeure is defined as any event arisin g from causes that are not foreseeable and are beyond the reasonable control of RSA, including RSA's contractors and consultants, which could not be overcome by due diligence (i.e., causes which could have been overcome or avoided by the exercise of due diligence will not be considered to have been beyond the reasonable control of RSA) and which delays or prevents performance by a date required by the Consent Order. Events such as unanticipated or increased costs of performance, changed economic

8 circumstances, normal precipitation events, or failure to obtain federal, state, or local permits shall not constitute Force Majeure. Any request for a modification of a deadline must be accompanied by the reasons (including documentation) for each extension and the proposed extension time. This information shall be submitted to the Department a minimum of ten working days prior to the original anticipated completion date. If the Department, after review of the extension request, finds the work was delayed because of conditions beyond the control and without the fault of the Operator, the Department will extend the time as justified by the circumstances. The Department may also gram any other additional time extension as justified by the circumstances, but the Department is not obligated to do so. RSA anticipates that all obligations arising under this order will be fully funded. However, any requirement for the payment or obligation of funds by RSA established by the terms of this order shall be subject to the availability of funds, and no provision herein shall be interpreted to require obligation of funds in violation of the Anti-Deficiency Act (ADA), 31 USC sec In cases where payment or obligation of funds would constitute a violation of the ADA, the dates established requiring the payment or obligations of such funds shall be appropriately adjusted. t. The parties agree that the sole purpose of this Consent Order is to resolve and dispose of all allegations and contentions stated herein concerning the factual circumstances referenced herein. Should additional facts and circumstances be discovered in the future which would constitute possible violations not addressed in this Consent Order, then such future violations may be addressed in Orders as may be issued by the Director, litigation initiated by the Department, or such other enforcement action as may be appropriate; RSA agrees not to object to such future orders, litigation, or enforcement action address new matters not raised in this Consent Order. J. The Department and RSA agree that this Consent Order shall be considered final and effective immediately upon signature of all parties. This Consent Order shall not he appealable, and RSA hereby waives any hearing on the terms and conditions of same.

9 K. The Department and RSA agree that this Consent Order shall not affect the Operator's obligation to comply with any federal, State, or local laws or regulations. L. The Department and RSA agree that any modifications of this Consent Order must be agreed to in writing and signed by both parties. M. The Department and RSA agree that, except as otherwise set forth herein, this Consent Order is not and shall not be interpreted to be a permit or modification of an existing permit under federal, State or local law, and shall not be construed to waive or relieve RSA of its obligations to comply in the future with any permit coverage. Executed in duplicate, with each part being an original. United States Department of the Army United States Army Garrison, Redstone Alabama Department of Environmental Management William L. Marks II Colonel, US Army Garrison Commander Lance R. Lefleur Director Date Signed: ' k,`12 Date Signed: ATTACHMENT A

10 Penalty Synopsis Worksheet Redstone Arsenal USEPA ID NUMBER AL Number of Seriousness Violations of Violation & Violation* Base Penalty* Redstone Arsenal failed to check that the sites had less than 80 percent cloud cover prior to operation of the Open Burn and Open Detonation areas as required _13y the facility's AHWMMA permit $5,000 r I Redstone Arsenal accumulated the universal waste mercury thermostats in building 5423 for Lgreater than one year $500 Standard of Care* $10,000 $500 History of Previous Violations* $00 $00 Economic Benefit*: $00 Mitigating Factors: $00 Ability to Pay*: $00 Other Factors: -$1, Total Civil Penalty: $14,400.00