On April 28, 2010 the United States of America ( United States ), on behalf of the Administrator of the United States Environmental Protection Agency ( EPA ), entered an Amended Consent Decree against Stauffer Management Company, LLC (ÂStaufferÂ), owner of the Stauffer Chemical Superfund Site in Tampa, Hillsborough County, Florida ( the Site ).
The original Consent Decree entered on July 23, 1998, embodied the Record of Decision ( 1995 ROD ), executed on December 1, 1995.
Subsequent to 1995 ROD issuance, and in accordance with Section 9.4 of the 1995 ROD, EPA conducted a pilot study that indicated that bioremediation would be effective in addressing the on-site soil and sediment contamination. Stauffer has been performing the Work required by the 1995 ROD, and the groundwater pump and treat system continues to work effectively. However, the 1995 ROD remedy for soils and sediments has failed to achieve the Performance Standards in a timely manner and has thus far been ineffective in meeting the goal of Site clean up. EPA and the State concurred that the 1995 ROD remedy for the soils and sediment should be changed to an alternative remedy whereby SMC would install a containment cell for placement of the contaminated soils and pond sediments on-site, and SMC would place a cap on the contaminated soils and sediments. A similar remedy had been set forth in the 1995 ROD, as Alternative 3S, one of the feasible remedial actions which would also achieve Performance Standard