oversight

Hazardous Waste: Fort Benjamin Harrison's Compliance With Environmental Laws

Published by the Government Accountability Office on 1990-03-28.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

HAZARDOUS WASTE
Fort BenjaYnin
Harrison’s Compliance
With Environmental
Laws


                141280
                      United States
                      General Accounting Office
                      Washington, D.C. 20648

                      National Security and
                      International Affairs Division

                      B-213706

                      March 28,199O

                      The Honorable Dan Burton
                      House of Representatives

                      Dear Mr. Burton:

                     On August 9, 1989, you asked us to determine if the Army is complying
                     with federal and state environmental laws and regulations at Fort
                     Benjamin Harrison, Indiana. You were specifically concerned about
                     reports issued by the Environmental Protection Agency, the Army Envi-
                     ronmental Hygiene Agency, and the Indiana Department of Environmen-
                     tal Management, which stated that Fort Harrison was not in compliance
                     with environmental standards in several areas. The reports identified
                     the following problems.

                     The operating landfill at Glenn and,Otis Avenues is leaching into the
                     groundwater.
                     The closed landfill on Lee Road, which is partially owned by Fort
                     Harrison, is also leaching.
                     The air pollution control system for the coal-fired boilers was turned off,
                     which violates Indiana state law, at least 35 times during a lo-month
                     period in 1987.
                     The hazardous waste storage site has been in noncompliance with the
                     Resource Conservation and Recovery Act since 1985 due to deficiencies
                     in recordkeeping, training, and other areas.
                   . The pesticide storage building, built over 70 years ago, is placed danger-
                     ously close to a stream that feeds Fall Creek.

                     The fort is adjacent to the cities of Indianapolis and Lawrence and is
                     situated on top of a major aquifer that feeds the water supply system of
                     Marion County. Consequently, Fort Harrison’s operational activities
                     could affect the environment and have a serious impact on the health
                     and welfare of the adjacent communities. A map of Fort Harrison is
                     shown in appendix I.


                     The areas reported to be in noncompliance with environmental stan-
Results in Brief     dards have been problems over the past several years. However, on the
                     basis of recent tests, inspection data, and discussions with Environmen-
              i      tal Protection Agency and Indiana Department of Environmental Man-
                     agement officials responsible for monitoring Fort Harrison’s compliance



                     Page 1                                GAO/N&W-90-88   Fort Harrison   Environment
              B-213706




-i-
             with environmental requirements, we believe that Fort Harrison’s oper-
             ations are not significantly affecting the environment.

             Fort Harrison officials appeared to be taking steps to ensure compliance
             with all requirements and standards. Water samples taken during our
             review indicated that the operating landfill at Glenn and Otis Avenues
             was not adversely affecting the aquifer. No adverse effect on the aqui-
             fer has been attributed to the Lee Road landfill, but future monitoring of
             groundwater is planned for this site. The coal-fired boilers have been
             replaced with gas boilers. Improvements have been made to the pesti-
             cide storage facility to comply with applicable requirements

      1


             Fort Harrison was established in 1903 on 2,501 acres. Although class-
Background   room training for administrative functions is the primary activity at
             Fort Harrison, the fort also provides military housing and community
             services and accommodates many other government functions, such as
             the Army Finance and Accounting Center. Like any other community,
             Fort Harrison provides services to its community that could affect the
             environment. These services include utilities, transportation, construc-
             tion, maintenance, repair, pest control, and landfill operation,

             Fort Harrison uses some hazardous materials during routine operations
             such as maintenance, equipment repair, printing, painting, pesticide
             application, and automotive repair. The Defense Reutilization and Mar-
             keting Service’ has a marketing office on base to store, resell, and dis-
             pose of surplus and hazardous materials and waste.

             The Army requires its bases to comply with federal, state, and local
             standards; monitor environmental compliance; and minimize any effect
             base operations may have on the environment. Federal standards are
             implemented and enforced by the Environmental Protection Agency.
             State and local standards at Fort Harrison are monitored by the Indiana
             Department of Environmental Management and the Indianapolis Air
             Pollution Control Management Division. Periodic inspections are made
             by these agencies and the Army Environmental Hygiene Agency, which
             evaluates environmental compliance by Army bases.



             ‘The Dcfcnse Reutilization and Marketing Service is an activity of the Defense Logistics Agency. The
             Marketing Service operates 218 offices in 5 regions and is responsible for the disposal of surplus
             property generated by the military services, Department of Defense activities, and other qualified
             federal and civilian agencies.



             Page 2                                             GAO/NSIAD-90-88      Fort Harrison   Environment
                          B-213706




                          The landfill at Glenn and Otis Avenues has been in use since 1968 and
LaII lfill at Glenn and   covers about 35 acres. According to Fort Harrison officials, the refuse
Otis Avenues Meets        placed in this landfill is primarily office and household waste. Although
Req lirements             problems with the groundwater were cited in 1988 and 1989 inspection
                          reports, groundwater tests at that time and current tests have shown
                          that the landfill is not significantly affecting the groundwater.

                          We reviewed the past 13 inspection reports (8 from 1988 and 5 from
                           1989) prepared by the Indiana Department of Environmental Manage-
                          ment. We found that two of the 1988 inspections recorded leaching, but
                          subsequent inspections indicated the problem was corrected. In addition,
                          the Army Environmental Hygiene Agency inspection, completed in July
                           1988, identified several other problems; for example, coal ash was bur-
                          ied in the landfill without first being tested, monitoring wells’ did not
                          have protective covers, and groundwater testing procedures were not
                          consistent due to irregular procedures for obtaining and preserving
                          water samples.

                          At the time these problems were noted, the groundwater from monitor-
                          ing wells surrounding the landfill was routinely tested, and no water
                          quality problems were found. Surface water samples are also taken
                          quarterly from the two major creeks flowing through Fort Harrison. At
                          your request, we have included the most current sample results in
                          appendix II.

                          We found that Indiana state law permits coal ash disposal in sanitary
                          landfills without special testing or additional permits. We also found
                          that the fiscal year 1990 Army budget includes funding for protective
                          covers for the monitoring wells. In addition, we found that Fort
                          Harrison’s water monitoring contract for fiscal year 1990 with a state-
                          certified laboratory provides more specific details about how samples
                          are to be taken and preserved to provide more uniform results.

                          The September 1989 Indiana Department of Environmental Management
                          inspection found no evidence of leaching, but the landfill was rated
                          unacceptable because of inadequate soil cover and erosion that resulted
                          from unusually heavy rains. Fort Harrison officials took corrective
                          action, and a subsequent inspection by the Indiana Department of Envi-
                          ronmental Management in October 1989 noted that the erosion and soil

                          ‘Monitoring wells are 6 inches in diameter. They extend into the aquifer and are drilled and screened
                          according to exact specifications. Water is drawn from the wells and sampled to test for groundwater
                          quality and define water flow.



                          Page 3                                              GAO/NSIAD-90-88     Fort Harrison   Environment
                         E218706




                        cover problems were corrected, We visited the landfill and observed that
                        these corrections were made.

                        Fort Harrison plans to close the landfill by October 1992 and transport
                        future refuse to an incinerator in Indianapolis.


                        The Lee Road landfill was used from 1940 to 1968. Most of the area was
Potential Leaching at   subsequently deeded to the city of Lawrence in 1974, but Fort Harrison
the Lee Road Landfill   maintained ownership of land on the extreme south and west edges. In
                        1989, inspections by the Army Environmental Hygiene Agency and the
                        Indiana Department of Environmental Management did not show any
                        evidence of leaching, but Fort Harrison has agreed to provide equipment
                        and labor to install monitoring wells to see if any leaching is occurring
  /                     and monitor possible future problems.

                        In a series of newspaper articles published between August 24 and Octo-
                        ber 24, 1989, the authors stated that they had found a corridor of dead
                        vegetation covered with a rust-colored substance and several pools of
                        liquid topped with an oily sheen. Other potential problems identified in
                        this landfill have been reported in past inspections. For example, in
                        1986 the Army Environmental Hygiene Agency inspected the landfill
                        and found differential settling1 of the trenches and evidence of possible
                        leaching. The possible existence of leachate was also reported by the
                        Indiana Department of Environmental Management in 1988.

                        Even though no evidence of leaching was noted in the 1989 inspections,
                        the Army Environmental Hygiene Agency recommended that test wells
                        be drilled at the landfill to monitor the quality of groundwater, These
                        test wells are scheduled to be drilled by the Army Environmental
                        Hygiene Agency in the spring of 1990 and will be tested quarterly using
                        state and federal groundwater standards.

                        During our visit to this landfill, we found settling of trenches, some with
                        standing water, and an orange substance in standing water on the south
                        boundary. At our request, the Fort Harrison contract laboratory tested
                        the surface water in these areas on October 30, 1989. The test results
                        were inconclusive. At your request, we have included the test results in
                        appendix III. The contractor recommended that further testing be done.
                        The contractor stated that the orange substance was an iron bacteria

                        “Differential settling refers to the uneven settling of the trenches in which wastes had been dumped
                        because of inadequate packing or decomposition.



                        Page 4                                              GAO/NSIAD-90-88 Fort Harrison Environment
                         F&213706




                         that did not have the characteristic odor of leachate and was not neces-
                         sarily a result of landfill leaching. The contractor also stated that a high
                         iron content in the ground and water is typical of this area of Indiana.
                         We asked the Indiana Department of Environmental Management to per-
                         form further tests for contaminants and conduct a full inspection of the
                         landfill. The results of these tests will be provided to you as soon as
                         they are available.


                         The heating facility and cooling plant was constructed in 1952. Until
Air ‘ollution Control     1988 four coal-fired boilers supplied Fort Harrison’s steam and heating
Sysl !m for Coal-Fired   needs. In early 1987 Fort Harrison’s air pollution control equipment for
Boil rs                  the boilers was shut off 36 times during night operations, which violates
                         clean air regulations. Subsequently, the Indiana Department of Environ-
                         mental Management imposed a civil penalty of $36,000~$1,000 for
                         each time the equipment was shut down. The Army questioned whether
                         a federal entity can be fined by a state agency. The Indiana Attorney
                         General is pursuing the matter.

                         In 1988 one gas boiler was installed and three coal boilers were phased
                         out of use. A fourth coal boiler was used as backup to the gas boiler.
                         Two additional gas boilers were delivered in October 1989 and became
                         operational on December 17, 1989. The remaining coal boiler was taken
                         out of service on December 29, 1989.


                         The Defense Reutilization and Marketing Office moved into its general
Haziardous Waste         storage facility in 1981. Hazardous waste was stored in this facility until
Storage Facility Cited   October 1988, when a new hazardous waste storage facility that com-
for Noncompliance        plied with all Resource Conservation and Recovery Act requirements
                         was completed. The allegation that Fort Harrison’s hazardous waste
                         storage facility was not in compliance with the Resource Conservation
                         and Recovery Act since 1985 due to deficiencies in recordkeeping, not
                         deficiencies with the facility, is factually correct.

                         The Environmental Protection Agency issued noncompliance citations in
                         November 1987 and 1988 for administrative violations, such as out-
                         dated training schedules and incomplete spill and contingency plans.
                         However, in October 1989 Fort Harrison signed an agreement called an
                         agreed order with the Environmental Protection Agency that set a
                         schedule for correcting the administrative violations. The fort hired a
                         contractor to correct these violations. The contractor has submitted a



                         Page 8                                GAO/NSIAD-90-88   Fort Harrison   Environment
                       F&213706




                       time schedule for each task to be completed. At your request, we have
                       included a copy of the agreed order in appendix IV.

                       In its December 1988 inspection report, the Army Environmental
                       Hygiene Agency stated that all wastes appeared to be properly stored
                       and accounted for. We inspected the hazardous waste storage site and
                       found that all procedures to identify, classify, and dispose of hazardous
                       wastes were being used. The quantities stored were small, and we found
                       no evidence of immediate danger, such as leaks or spills, from hazardous
                       wastes.

 1


                       The pesticide storage facility was constructed in 1908. It is a permanent
P&ticide Storage       brick structure, measuring about 12 by 24 feet, with two rooms, one
Facility Improved to   used for storage and the other for mixing and other activities. It is
R$duce Potential       located immediately adjacent to tributaries of the Fall Creek water
                       system.
Hbards
                       Although the facility is structurally sound, it does not meet current
                       Army requirements for design and construction. In a July 1989 inspec-
                       tion report, the Army Environmental Hygiene Agency cited several
                       problems with the facility. It stated that the facility’s proximity to the
                       tributary of Fall Creek could present problems and that the facility was
                       too small. It also stated that the lighting and ventilation were poor, the
                       floors were seamed and possibly porous, and the wooden shelving and
                       pallets posed a potential fire hazard.

                       Fort Harrison officials said that they were concerned with the site of the
                       facility and have requested a new facility at a different site. However,
                       the Army projects that funds for the new facility will not be available
                       until fiscal year 1993. Fort Harrison officials have taken some interim
                       measures to stabilize conditions at the storage site. They are currently
                       upgrading lighting, replacing wooden shelves, regrading ground eleva-
                       tions, and placing erosion mats around the building. A spill plan has
                       been drafted to provide for emergency actions if a spill occurs. Fort
                       Harrison’s fire department has a plan that employs the appropriate
                       methods in case of fire, and fire personnel have been trained in these
                       methods.

                       The base did not maintain an inventory of the pesticides stored in the
                       facility. During our visit to the facility, we found three 55-gallon drums
                       of pesticides and the storage shelves about one-third full of liquid and
                       dry types of pesticides.


                       Page 6                                GAO/NSIAD-90-88   Fort Harrison   Environment
               B-213706




               As an interim measure, an agreement with the Defense Reutilization and
               Marketing Office is being drafted that would allow Fort Harrison to
               store about 50 percent of its pesticides at the approved Defense Reu-
               tilization and Marketing Office hazardous waste facility. Although vari-
               ous chemicals and pesticides would still be mixed at the old facility,
               Army officials believe the risk of creek contamination from leaks and
               spills should be greatly reduced.

    1


               Fort Harrison officials believe they will have to correct the management
Othb Issues    problems that appear to have contributed to the delay in correcting past
               problems. For example, since 1982 Fort Harrison officials have been
               aware that 10 positions are needed in the Natural Resources Manage-
               ment Division, which is responsible for environmental protection on the
               base. However, only one permanent and one temporary position were
               authorized and filled as of August 1988. Consequently, records were dif-
               ficult to locate, and technical and managerial staff were required to per-
               form clerical tasks, taking time away from other assignments. Currently,
               8 of the 10 authorized permanent positions have been filled, and the
               division recently obtained a permanent administrative assistant.

               Fort Harrison’s corrective action responses to the Environmental Protec-
               tion Agency and other monitoring agencies have been uncoordinated and
               untimely. Also, standardized procedures for following Resource Conser-
               vation and Recovery Act and state requirements have not been formu-
               lated, making it difficult for personnel to ensure compliance.

               During fiscal year 1989, Fort Harrison spent over $3 million on environ-
               mental efforts in 14 programs, including air, solid waste, hazardous
               waste, and land management. Fort Harrison officials stated that they
               are proud of the fort’s efforts to preserve and maintain wildlife and nat-
               ural resources. Fort Harrison has also instituted a radon testing pro-
               gram, and the first radon monitors were shipped to the contractfor for
               analysis in October 1989. On November 9, 1989, an environmental
               awareness day program was held at the fort to further communication
               and cooperation between Fort Harrison and local communities.


               Most of our work was performed at Fort Harrison. We reviewed current
Scope and      and past inspections of Fort Harrison made by the Army Environmental
Methodology*   Hygiene Agency and the Indiana Department of Environmental Manage-
               ment to identify problems or violations of standards. We also reviewed
               noncompliance citations issued by these agencies, the Environmental


               Page 7                                GAO/NSIALb90-88   Fort Harrison   Environment
-
    Protection Agency, and the Indianapolis Air Pollution Control Division
    and discussed the citations with officials of those agencies.

    We obtained ground and surface water monitoring test results and
    reviewed the analyses of these results with the Indiana Department of
    Environmental Management. We met with officials at Fort Harrison,
    including the Chief of Staff, Director of Installation, Chief of the Natural
    Resources Division, and Chief of the Defense Reutilization and Market-
    ing Office. We visited each of the five sites that were reported to be in
    noncompliance with environmental standards.

    We conducted our review from August through November 1989 in
    accordance with generally accepted government auditing standards. As
    requested, we did not obtain written agency comments. However, we
    discussed the contents of this report with agency officials and incorpo-
    rated their comments where appropriate.

    Unless you publicly announce its contents earlier, we plan no further
    distribution of the report until 30 days after its issue date. At that time
    we will make copies available to others. Please contact me at (202)
    275-4268 if you or your staff have any questions concerning this report.
    Other major contributors to this report are listed in appendix V.

    Sincerely yours,




    Nancy R. Kingsbury
    Director
    Air Force Issues




    Page 8                                 GAO/NSIAD-96-38   Fort Harrison   Environment
Y




    Page 9   GAO/NSLAI)-gO-88   Fort Harrison   Environment
c;Onts


Letter
A$pendix I
Map of Fort Benjamin
Harrison
   1I
Aapendix II
Comparison of Fourth
Q arter Fiscal Year
1989 Tests of
M“,, nitoring Wells With
St&e and Federal
Standards
A@pendix III
Contractor’s Report on
Test of Surface Water
at ithe Lee Road
Landfill
Appendix IV
Agreed Order Between
Fort Harrison and the
Environmental
Protection Agency
Appendix V
Major Contributors to
This Report




                           Page 10   GAO/NSIAD-90438   Fort Harrison   Environment
Y




    Page 11   GAO/NSIAD-90-88   Fort Harrison   Environment
I,
        I




                                                                                                                                 -
        I


     Apbndix   I
        1
     Map of Fort Benjamin Harrison




                            Fort Harrlson

                            Lt3WESlC~
                   cl
                    18I     Creek (surlace) water sample locations

                    0       Monllorlng wells
                                                                                   INDIANA
                        x   Proposed monltorlng wells                        3
                            Surlace waler and shallow waler flow dtrectlon




                                                             Page 12             GAO/NSIAD-90-88   Fort Harrison   Environment
Appeidix          II

Co@parisonof Fourth Quarter Fiscal Yew 1989
Tebtsof Monitoring Wells With State and
Federal Stmdaxds
              I
                                                                                                                                               Surface waterc
                            Standards8                                                  Well                                                                      Down-
Contanjhant                  ..c@ill!!~~~~
                                         .__..._____-1                     2            3              4             5             6b      Upstream              stream
Priman/
Arserw -1                          0.050
                                   .     _- ..__ 0.004                 0.004       0.005          0.006         0.004          0.005             0.005             0.005
Banum                              1.000            0.240              0.070       0.210          0.510         0.040          0.030             0.050             0.070
CadimuIn                           0.010            0.004              0.002       0.002          0.001         0.001          0.001             0.001             0.001
Chromlhm                           0.050            0.001            <O.OOl        0.001          0.002         0.002          0.002             0.007             0.007
Lead                   ..   ~.!-= 0.050             0.001            <O.OOl      <O.OOl         <O.OOl        <O.OOl         <O.OOl              0.002             0.002
Mercur                           ~.0.002        <0.0002
                                      ~.-.~-_..... _.-              <0.0002     <0.0002        <0.0002        0.0002         0.0002             0.0002            0.0002
Selenium                           0.010          <0.002             <0.002      <0.002         <0.002        <0.002         co.002              0.002             0.002
Silver        ~                    0.050          0.001                0.002       0.002          0.002        0.001           0.003             0.001             0.001

Secon+aty
Chlond P                        250.000           6.500              12.000       35.000        56.000          2.500          8.500            51.000            51.000
Iron                              0.300           0.035               0.157        0.157         9.390d         0.062          0.060             0.307             0.283
Chemidalbxygen
deman#                                  e      8.000              <2.000         10.000d~' 42.000d             8.000          8.000            22.000             24.000
Cb&CtTvit~                              0 -.-_-.--
                                            680.000             1200.000'      1460.000d,' 1550.000d         940.000       1180.000           615.000            610.000
Hardness                                e 388.000                836.000'       805.000d~' 753.300'          515.000        745.000           504.000            446.000
pH       .;                     6.5-8.5        7.000                6.500         6.500       6.500            6.800          6.500             7.800              7.700
Total dlxsolved
solids :                        500.000        399.000              707.000'    869.000d,'     949.000d      611.000'       871.000d          364.000            374.000
                                                            3tate    and federal standards are the same.

                                                            “Well no, 6 was placed upstream of the groundwater flow to the landfill. It provides the background for
                                                            natural contaminants in the groundwater so that they can be compared with tests downstream from the
                                                            landfill.

                                                            “These samples were taken from Lawrence Creek, which is located directly west and north of the
                                                            landfill.

                                                            “According to the Indiana Department of Environmental Management, parameters such as iron, hard-
                                                            ness, specific conductivity, and total dissolved solids often exceed standards and are interrelated. For
                                                            example, if total dissolved solids increases, specific conductivity increases; if iron increases, total dis-
                                                            solved solids increases. Higher levels in these parameters is not unusual for central Indiana
                                                            groundwater.

                                                            ‘The standard for these items is the reading taken in the upgradient, or well no. 6.

                                                            ‘According to the Indiana Department of Environmental Management, values are no higher (or not signif-
                                                            icantly higher) than those for well no. 6 and for groundwater in the area.




                            Y




                                                            Page 13                                                 GA0/NSIAD90-33        Fort Harrison    Environment
                                                                                                               .




ApQendix III

C$mtractor’sReport on Test of SurfaceWater at
the Lee Road Landfill


                TO:      Ron Smith
                         Directorate of Installation  Support
                         National Resources Hanaqement Division
                         Buildlnq 128
                         Fort Benjamin Harrison, Indiana 46216-5450

               FROM
                  :      James It. Keith /LLNccq kLe[L
                         Geosciences Res’. ch Associates,    Inc
                                         J
                         627 North Horton Street
                         Bloomington, Indiana 47404

               DATE:     November 7, 1989

               SUBJ:     Biological reconnaissance of ditches, wet depressions and a stream
                         near Hawley Army Hospital, Fort Benjamin Harrison,  Indiana

               REF:      DABT-15-90-H-0432



                                             INTRODUCTION
                                                        ANDPURPOSE

                     The purpose of this biological reconnaissence      is to identify the fauna
               and/or    flora    present in water samples collected from eight stations in the
               vicinity      of Hawley Army Hospital, consisting of two wet depresslons, a
               dralnage ditch and a stream trlbutary to Lawrence Creek. Somelocal concerns
               had been voiced about the source and quality of the ground water in this area
               slnce an old landlfll       is situated in the same general area, and since the
               water in the ditch, and to some extent the wet depressions, contained a
               reddlsh-orange slimy material of unknown composltlon.         As a first step toward
               determlninq      the possible source and quality of the water, a biologlcal
               reconnaissance was undertaken to determine to what extent the waters are
               capable of supporting aquatic life.        Recommendations for further study are
               Included with the findings of thls reconnaissance.




                       Page 14                                     GAO/NSIAD-90-88   Fort Harrison   Environment
           Appendix III
           Contractor’s Report on Test of Surface Water
           at the Lee Road Landfill




                                            METHODS

        Samples were gathered from the stations       shown   in Figure 1 on August    30,
    1999:

             Station     1 - A sample of the reddish-orange material vas gathered
             from the ditch in a glass jar and returned to the laboratory without
             pKeSWfatiVe      to determine whether the material was of biological
             origin, or whether it was a chemical precipitate.

             Station      This was a wet depression in a wooded area. The water
                         2 -
             was about  6 inches deep and the depression vas full of fallen
             leaves. It was about 6 feet across, roughly oval, and there was no
             discernible flow into or out of the depression. One square foot ot
             bottom sedlment and leaves was collected,    placed in a jar with 10
             ml of formalin and returned  to the laboratory.


             Station 3 - This too was a wet depression in a wooded area. The
             water was about 3 inches deep and again was full of fallen leaves.
             This pool was irregular in outline and was about 10 feet across. It
             connected with two other smaller pools. The sample was collected
             and preserved as for Station 2.

             Station 4 - This sample was from the east-west ditch directly north
             of the hospital helipad.  The ditch, about 3 feet across, was choked
             with weeds and cattails and contained standing water with no
             discernible flow. The sample was collected and preserved as for
             Station 2.

            Stations 5 and 6 - These samples are from the north-south segment of
            the same ditch.  The ditch was about the same dimensions and had the
            same vegetation and lack of flow.  The samples were collected and
            preserved as for Station 2.

            Stations 7 and 8 - These samples are from the Lawrence Creek
            tributary stream that receives input from both the ditch and the wet
*           depressions.   Station 7 is upstream from the input and Station 8 is




          Page 16                                         GAO/NSIAD-90-88   Fort Harrison    Environment
            Appendix III
            Contractor’s Report on Test of Surface Water
            at the Lee Road Landfill




-


             downstream. Flow at both stations was over a substrate that varied
             from gravel to cobbles.  Samples were collected from the two
             stations by disturbing 2 square feet of bottom area by hand and
             capturing the drifting  material in a 0.75 mmhand strainer.  The
             material was trsnsferred to a glass jar with water and 10 ml of
             Eormalin was added.

         In the laboratory the collected materials were hand washed and sorted
    through no. 10, 35 and 120 sieves, then examined by microscope and
    identiEled.
                                         RESULTS

         As a general observation, it should be noted that       most of the
    reddish-orange material was located in the ditch, and        that very little  was
    seen in the wet depressions.   It should also be noted       that the water in the
    ditch and depressions had a distinctive  odor of iron,       but no septic odors
    could be detected.

       What follows   is a discussion    of the organisms found in each of the
    samples.

    Sample 1 -    This sample was collected unpreserved in order to identify the
                  nature   and perhaps the source of the reddish-orange material.
                  At a magnification of 675X, the material appeared as a
                  collection    of unbranched filaments, some covered with tiny
                  orange particles,      The filaments proved to be
                  iron-precipitating     bacteria of the ms             - l&&&i,&
                  group of filamentous bacteria.       These bacteria find optimum
                  growth in water at a pH range of 6-8, a dissolved oxygen
                  concentration of l-3 mg/L, and a dissolved ferrous iron content
                  of >0.2-5.0     mg/L (Hackett  and Lehr, 19851. There is some doubt
                  in the literature     about whether these organisms directly
                  metabolize dissolved iron, or whether lron precipitation        Is a
                  byproduct of metabolizing other dissolved substances.

    Sample 2 -    Oliqochaetes - (/square foot
                  Empty shells of aquatic snails W&ma            and LDIM.U




           Page 16                                         GAO/NSUD-90-88   Fort Harrison   Environment
                      Appendix IJI
                      ~ntractks    Report on Test of Surf&e      Water
                      at the Lee Road LandfIll




A.-




          Sample 3 -             &&hp& sp. larva (Colcoptcra, Dryopidac) - l/square foot
                                 Pupa, prob. !&l,~x (Dlptera, Cullcidael - l/square foot
                                 Empty shell of the aquatic snail Planorbus sp.

          Sample 4 -             Oligochaetes - 57/square foot
                                 tlmneblus sp. (Coleopteta, Hydracnidat)            - l/square foot
                                 Empty shells of u         and flngernall           clams

          Sample 5 -             Oligochaetes - l’l/square foot
                                 Dlpteran larva (partly destroyed) - l/square             foot

          Sample 6 -             Oligochaetes    - l/square   foot

          Sample 7 -             PEionocera sp. (Diptera, Tlpulidae) - O.S/square foot
                                 Hvdroosvchc sp. (Trlchoptcra, Hydropsychidae) - l/square foot
                                 PlcrenoPsePhalns sp. (Coleoptera, Psephenidae) - l/square foot
                                 “Orthocladiini” larvae (Diptera, Chironomidae) - l/square foot
                                 fragmented pupa

          Sample 8 -             &lcranm             sp. - O.S/square foot
                                 m              sp. - 1.5 square foot

                                                          DISCUSSION


                 The organisms identified   from the wet depressions and ditch are typical
          of those that might be found In temporary or semipermanent aquatic habitats:
          ollgochactes (earthworms), larvae of semiaquatic organisms such as &J&&L
          and Llmncblus. and empty shells of small, immature aquatic snails, and
          dlpteran larvae.      Likewise, the organisms found in the stream are probably
          typical of those found in snrall strerw     draining  developed areas. However,
          unlike    some of the fauna of the pools and ditches,    the stream organlsms are
          fully aquatic.     All of the organisms ldentlfled   have a certain  amount of
          tolerance for varying water quality condltlons, and can withstand the varying
          levels of water quality that would be typical of developed areas such as Fort
          Benjamin     Harrison.


              The wdters           sampled are capable of supporting      aquatic      life   to varylng
      ”




                     Page   17                                           GAO/NSL4D-90-M          Fort Harrison   Environment
          Appendix m
          Contra&@r     Re~0rt on Test of Surface   Water
          atthekeRoadLandflll




degrees, but the results of this reconnaissance do not reveal the chemical
nature and origins of the wet depression and ditch waters. The proximity of
dn old landflll   has been the some of some local concern regarding the
possible origins of the water, It should be pointed out the the iron
bacteria found In the waters are not ncCtSSdriiy   dsaocidted with pollution,
but can be wldespread In water with a hlgh iron content. It should also be
pointed out that ground water in Harion County Is In many places
characterized by Its hlgh lron content and reddish color.    Btown (1882) noted
that there were a number of springs In Marion County of thls sort, one of
which he named the Minnewa Spring, located 1.5 miles northeast of the
‘vlllaqe   of Lawrence”. While it Is not suqgested that the depressions are
part of thls spring, it Is clear that Iron-bearlng ground Wdter iS not
uncommonin the Lawrence area.

      To further ChdrdCterlZe the nature and possible source of the water in
the wet depresslons and ditch, it 1s recommendedthdt samples of water be
collected from one depression (S-21, from the ditch (S-61, and from the
tributary creek (S-7 and S-61, and analyzed for primary parameters listed for
Phase I landflll   monltorlng In 329 IAC 2-16-6, and secondary parameters
llstcd In 329 IAC 2-16-7(c).    These parameters should indicate the probable
source of the waters in those areas, and whether they may present a threat t0
human health dnd welfare.

                                       LITERATiJRECITED

Brown, R.T. 1882. Report of a geological and topographical survey of Marion
    County, Indiana. 12u Annual Report of the Indiana State Geologist.: 79 -
    99.


Hackett, G. and J.H. Lehr. 1985. Iron bacteria occurrence, problems and
    control methods in water wells. NdtiOndi Water Well Association. 79 p.




          Page 18                                           GAO/NSIAD-90-88   Fort Harrison   Environment
    Contractor’s   Report on Test of Surface Water
    attheLeel&adLandfIll




              0            500                   1000   fret
                                                   -1




Y

                      Fipure     1.   Locrtion     of sampling    points.




    Page 19                                                    GAO/NSIAD-90-88   Fort Harrison   Environment
 Pm.
i&kkd Order Between Fort Harrison and the
F$vironmental Protection Agency



            INTMEMA!lTEROF
                                                         ;
            DEpAHRdwTOFTHEARMY
            U.S. ARMYSoLDIERSuPF0Kr(33rrER                             FEDEZALFACIIJTY
            Fmr BENJAMINHARRISON,INDIANA                 i             axPLxANcE AGFERm
                                                         ,'            Dxket No. V-W-89-R-4
                                    Respotient.          )
                                                         \


                                                  1. -
                 1.   ?heUnitedStatesEnvironmentalhrotectionAgency,                RegionV,
            (hereinafter    U.S. EPA) and the Department of the Amy, U.S. Amy Soldier
            support Center, Fort Benjamin Harrison, Indiana (hereinafter               USASSC)are
            the parties to this Federal Facility         Cmpliance Agreemmt ("agreement")
            which is entered into pursuant to Ekextive          Order 12088, October 13, 1978
            (43 G& 47707) and the Solid Waste Disposal Act, as amruJ& by the
            ResourceCoMervationand~eryAd,asfurtheramerdedbytheHazardous
            and Solid Waste Amenbents (RCRA), 42 U.S.C. §6901& m.                  'Ihe authority
            to enter this agreement has been delegated by the U.S. EPAAdJnkistrator                  to
            the Regional Administrator    of U.S. EPA, R&on V.

                 2. Executive Order 12088 was prcmlgatsd           to insure Federal
            compliance with applicable pollution         control star&u&.       The Office of
            Managementam3 Budget and the Cepartmznt of Justice will             take uqnizernce of
            thisagreement     pumuant to their      respective duties to assure compliance
            with the envirormwtal     lam under Fxecutive Order 12088 and RCRA. This
            agreemant contains a l*plarP, as described in Section l-601           of   Executive




                  Page 20                                       GAO/NSIADW-SS    Fort Harrison   Environment
        Agmed Order Between Fort Harrison                   and the
        Environmental Protection Agency




                                                       -20

Oxder 12088, to achieve an3 maintain cxmplianc8 with the specified
hazazdouswasteniles               oftheState           of    IMianawhich            axe contained atTitle
329 of the Indiana Administrative                     Code (IAC), and          of   U.S. EPAwhch are
contained at 40 CFRpart 268. U.S. EPAard USASSC
                                              have reached a
determination    as to the steps thatUSASSCm.ktake                                  to achieve compliance
and those steps are setoutherein.

     3. l'his    Federal          Facility         C!cmplianceAgreement does not address
corrective   action or response rmasuns p'lmuant to sections 3004(u),
3004(v), 3008(h) or 9003(h)                  of    RCF$ 42 U.S.C. 95 6924(u), 6924(v),
6928(h), or 699lb(h), or pursuant to the Comprehensive EinvFronmantal
Reqmnse Compensation and Liability                      Act of 1980 (VEXLA~~), as amer&d by
the supartund Amardmmts and Reauthorization                             Act   of    1986 (%ARA"),
42 U.S.C. 99601 & a.                  IhiB        Federal Facility        Compliance Agreemnt has
been agreedtobyUSASSCardU.S.EPAtoresolve                                      ohlythematters        stated
below and tc facilitate              im&mentation              of the measureedescribedherein.

                          II.

1. USASSC
        shall,            imediately              upon signature of this agreement, begin
markingal1storagecontainers                        ofhaztiouswastewiththedateuponwhich
accunailation begins ti              with the words %azaxdous Wast& as reqired                             by
329 IAC 3-9-5.

2. USASSC
        shall develop adetailsdwaste                                  analysis plan, as mquiredby
329 IAC 3-16-4,     for         the facility.          lhisplanshallbecampletedwithinby
USASSC120 days of sicmature of this agremant.




       Page 21                                                          GAO/NSLAD-90-98    Fort Harrison    Environment
               Appendix N
               Agreed Order Between Fort Harrison        and the
               Environmental Protection Agency




                                                     -3-


3.      USASSC
             shall,
                 within ;-180 days of signature of this agreemnt, canplete
a thormgh haza.rdcmswaste determination at all its waste generation
poti*            Said inventoryshalllist             allgensrationpA.nts,           detsmins
quantitiesgtxnam~,                 ardshallirdicatswhid~areconsidemdsatsllite
aammlation                arsas as described in 329 IAC 3-9-5 (c)(l).

4.      Within      45 days     of signature of this agresment, USASSCshall devise and
maintain a ccmplete upsrating record as requhd                          by 329 IAC 3-19-4.

5.      WitMn       30-cbys     of signature of this agremmt,             USASSC
                                                                               will        Mtiate
weekly inspections,              as required by 329 IAC 3-16-6, for all areas not
currently          being inspezted by the Defense Reutilization                ard MarMA.ng Office
t-1        l     USASSCshallseeto            itthatits        inspection reports ars ombined
withthose           of the DRMsuchthatallinspectionrep&cs,                          logs, and
summries are in one location that is easily accessible to inspectors and
safety pentonnel.

6.      USASSC
             will             revise its w                   SEill m-1                      ~-wlY
with the rmts                      of 329 IAC 3-18-3, within           180 days of signature of
this     agreerent.




               Page 2 2                                            GAO/NSIAD-9088     Fort Harrison   Environment
            Appendix IV
            Agreed Order Between Fort Harrbon          and the
            Environmental Protection Agency




                                                  -4     -



7.       USASSCshall,      as rquired        by 329 IAC 3-17-7, &date its emergency
response agmmen~wlthlccal                     authorities        oramtracbd         respmseteam
within      60    clays of signature    of    this agreemn t.         USASSCshalldl8trlbut8the
revi6edoxkirqency            plant0     all mspmsebamsthatmaybecalledupcnto
pmvide emargenq imnrlcas, as rcrquired by 329 IAC J-18-4, within                               75 days
of slgnatum of this agreement,

8. USASSC
        will            identify    tralniq      needs ard prwlde          training     tc appropriate
personnel, :&I acxmdance with 329 DC 3-M-7, w1M.n 210 days                               of   signature
of thb       agreement. Fhotocopiae of aupersonne1tra*                              remrde
(inclubing~,fFrcrdeparbnant,etc.)ahall~#~~inadinonelocatlon
that is eablly accessible to lnqectors                       and safety personnel.

9. USASSC
        shallwithJn                - 60 days of signature of this agremen t, suhdtan
ao=eptable clcsure         plan     for the entire facility  to the Indiana Departmsnt
ofE!nvlrcnmentalManagmt(Im),asrerluired                               by 329 IAC 3-21-3 ti            4.

10. USASSC
         shall cmpkti                  puklal     facility       closure of the old~~Hazardcus
mtsrial          storage kdkting       (!124), in accomlanm with 329 IAC 3-21 and elm11
amenditeRCRApennitapplicatlcmtc                        lncludethenewhazardouewa&e
mtorags' building.




           Page 23                                                GAO/NSIAD-90-38     Fort Harrison   Environment
                   Appendix N
                   Agreed Order Between Fort Harrison             and the
                   Environmental Protection Agency




    11.      The    ampliance        schedule     set      out   herein          is     inter&d         to   achieve

    cmpliance as expeditiously                  as practicable,                  pm%ant to Section l-601 of
    Fmcutive          order     12088,      The schedule was detemined after consultation
    between USASSC
                 and U.S. EPA. USASSC
                                    agrees to take the                                                    specified      adioffi

    toachieve          am@&ncewiththeregulatory                            requirerrwts                within the specified
    ti.nmparicds          subject,hcrwever,             tothe      followingparagraphs                       ehtitled
    Vuniing~~ ard Welay in Perf~rmance.~~ Whenever reasonably possible, USASSC
    will     expedite the schedule.

                                                        III.     EUNDINC
                    uSASscahal1eeekal1fundingnecessary                                    to inplement the
    CcqAiancerequirementofthisagreement                                   pursuanttotheechedulesetforth
    herein.         Section l-5 of E-0. 12088 states The head                                     of    each executive
    agency ehall ensure that sufficient                          fur&      for        compliance with applicable
    pollution         ccntrol standards are requested in the Agency budget."                                            Failure
    to obtain adequate fur& or appropriations                               frcm Congrees does not, in any
    Way, release USPSSCfrom its obligation                              to cmply with the applicable rules
    at 329 IX and the ReMurce ConsemationarxlReccvery?kt,                                                    ae am&&,
    42     U.S.C. 5 69OlfA seq. If, hcmver, sufficient                                      fur&         are not
    appmpriatedbytheCongrtz33                     as reguestedardexistFng                               funds arenot
    availableto           achieve        conpliancewiththes&eduleepmvided                                      inthis
    Agreemmt, arkdUSMSCreporte thelackof                                   fur&          in accordancewithSection
    VIofthisa            grwnznt,         any resulting          delay shall be presumed to have been
    duetocircvmstanoesbeyondthemhablecontrP1                                                  of       USASSCwhichanitd
    not have been overwm by due diligence.                                 Noth.inginthisAgmmentshall
    be construed tonquh                     theUSASSCto obligate fur&i in any f&al                                       year in
Y


    contravention             of the Anti-Deficiency             M,        31 u.s.c.              91341.




                Page 24                                                               GAO/NSIAD-90-88         Fort Harrison        Environment
               Appendix N
               Agreed Order Between Fort Harrison    and the
               Environmental Protection Agency




                                                    -6-


                             Iv* UEZAY
               Ifanyeventcccurs        whichcausesdelay           inthe      achievemnlz      ofthe
    reqbemntsofthba           gremmt,US?GSC ehallhavethebuxdenofpmvirq
    that the delaywas ceusedby cirams~beyotithe                           masonable control            of

    U!3!3SCwhichcculdnothavebencveram                       byduediligenw.           z4sscmnas
    USASSC
         becmes aware of a delay, USASSCshall prca'@l.y notify                        U.S.    EPA’s

    Designated Project Officer orally        of the delay and shall,             within     Qhty
    (30) calendar days of oral notification               to U.S. EPA, notify       U.S. EPA in
    writing   of the cause am3anticipated           length of the delay, the measures
    taken ard/ortobetakentoprevMtorminFmizethedalay,                               tithe
    timetablebywkichUSASSCinterdsto~l~tthesa~.                                             If the
    parties agree that the delay or anticipated               delay hae been or will          he
    causedbycFrcumstancesbeyondthe~onablecontrolofUSAsSC,                                  the time
    for   parZommnce of the affected task ehall be extemhd in writing                        for a
    period equal to the delay reeulting         for such cirnm\atnnccls.             If the pnrties
    cannot agree that the delay or anticipated               delay hae been or will          be caused
    by cm               beyonilthe reasonable control of USASSCor cannot agree on
    the period forextenclingperfom~,                 thedisputeresolutionpmxduresof
    this agreementshallapply.          USASSCshall adopt allreasonablemasuree                         to
    avoid or minimize delay.       Failure   of USASSC
                                                     to oxnply with tie notice
    requkamento oftkieparagraphahdllmnsti~awaiverofthe
    Respodentt6 right to x-quest awaiverofthe                   requbmn~ofthis
    cul@lianm AfJmment.

Y




              Page 26                                            GAO/NSIALb90-98      Fort Harrison   Environment
            Appendix IV
            Agreed Order Between Fort Harrison           and the
            Environmental Protection Agency




                                                       -7-
                                                  v* AMESICMPTT
                  In the event them is an amrdmsntofRCRA,or~estothe
    regulations      prumlgated under RCRA,statutes,                      prior to ampletion          of    the
    requirements setforthwithinthis                     agreemnttheom@iance                  schedulemaybe
    renegotiated to aaxmda te any acaitional                       time necessary to ourply with the
    newRCRAreqkemnt.9.             rxUrbqthepsn%ncy                  ofanyrenegotiation,              the
    cmplianm        schedule, tothe         utentitdoes             notamflictwith             stztutmy       or
    regulatory      changes, shall remin in effect unless specifically                           waived by
    U.S.   EPA,    Region V.

                                      VI.         -
    1.              IfUS?GSC subsequentlydetennines                      thatfuIr3sarenot
    appropriatfxl     frommqress        as reques~and&ing                         funds arenot
    available      to achieve compliance in awxdancs with the schedule,                               USASSC
    shall notify      the U.S. EPA inmdiately                 in writing.

    2.            USASSCshallsulmitnrx~thlyprcgress                       reportsuntil       theampliance
    activities      set forthhsreinhavekeen                   ompleted and a final           reportwithin
    one mmth of ampletion          of the find               cepnpliarxa activities.          The prcgress
    rep%Lswillbs         submitted to U.S. EPA&                    Im.       Theprogress reports shall
    indicataccanpliana3        ornon-campliancewiththe                     schedule.     Inthe      event of
    nonumplianc8,        the report f3hallincludethe                     cause ofnon-aqliance               and
    any remedialactionsbksn.

    3.            USMSCintends tokeeptheU.S.                     EPAand IDEM informed of other
    enviromtal         sties     ardadivities~~tosolidwaste~gement

Y
    units which are not addressed as partofthis                           F&&al    Facilityccmpliance
    Agreementardto        &copies            of       such studies and plans and reports on such




            Page 26                                                  GAO/NSIAD-90-88        Fort Harrison    Environment
           Appendix IV
           Agreed Order Between Fort H&on                  and the
           Environmental Protection Agency




                                                          -8-

activities      to U.S. EPAas they beccnneavailable.                             The pm&ions             of this
pamgrapharenotumsidered                       requhmnts            urder section VIII               of this
Agreclment.

4.           Allagreedtoitem                  ardreports          shculdk        suhittxdtoWilliamE.
Muno, Chief, RCBAEnfo-t                          Eiran&, U.S. EPA, 230 South Ce&xxn Street,
5HR-12, Chicago, Illinois                 60604, ard to Iknnh             Zawodni,        Chief,      Enforcenmt
Section, HamrdousWasteManagementBxm&,                                  Indcana Deparhentof
EnvFrormwtalMaMgenwt,105southMeridianstreet,                                        Itianapolis,              Irdiana
46206-6015.

                                            VII.    ENFoRcEABIL;ITy
1.           usAssc ?IEcqlizes its obligations                        tooomplywithRcxA                as set
forth in Section 6001 of RCBA,42 U.S.C 56961.

2.           me      pruvisions      of   this     Agr-t             including     those related to
statutory     rquirements,           regulations,           permits, closure plans, recordkeeping,
reporting     ard schedules of appliance,                       shall be enformable w&r                      citizen
suits pursuant to 42 U.S.C. 16972(a)(l)(A),                            including     actions or suits by
the State of Irdhna               ard its     agencies.         USASSC agrees      that      the     State     aml     its

agencies are a t$exsontl within the mar&q of Section 7002(a) of RCRA,
42 U.S.C     86972(a).

3.           In the event of any action filed under Section                               7002(a)       of RCRA,
42 U.S.C. $6972(a), alleging                  any violation           of any such req&ment                    of this
~t,itahallbepresumedthatthepmvisionsof~s~t
includ~thosepnxrisionswhichaddressrecordkeeping,report~,ard




           Page 27                                                      GAO/NSJAD-90-88        Fort Harrison         Environment
            Agreed Order Between Fort Harrison                       and the
            Environmental Protection Agency




                                                                   -9-


schedules          of ccnpliance                  are    related    to     statutory        mqhmf&s,          rcqilations,
permits,        or     claare            plans,         and are    thus     enforceable        urder    Section 7002(a)
of RCR%,42 U.S.C.                    56972(a).


                                            VIII.           8F;sOIJJI'IONOF DI-
1.             Fxcept           as   specifically              set forth elsewhers inthisFgpem3nt,                       if a
diSpUb?l.dSWti~thiSAgreemerrtthep-                                                            ofthbmrtshall
w@y.          Inaddition,duringtheperdencyofanydispute,USASSCagrees
thatitshallwntinueto                                iqL3mentthoseportions                     of this Agreemntwhich
are notaffectedbythedisputeard~chcanbereasoMbly                                                           inplementea
pending       final       reSOlUtiOn               of the issue(s) in d&put&                      If U.S.   EPA

determines inwritingthatallorpart                                          of any fieldworkaffeztedbythe
disputeahouldst4p~rewlutionofthedisplte,USASSCshall
discontinue            implemnting                 those portions oftheworkorproceed                          at its own
risk.

2.             Allpartiestothis~~tshallmakereasoMbleefforts~
informally            resolve disputes at the level of the Installation                                     Cmmander and
the U.S. EPARegion V RCW Ehforcement Rranch chief reqmsFble                                                    for USASSC
RcmAamplh.nce, ortheirdesignees.                                          Ifresolutioncmnotbe               achieve3
hformally,            withinthethirtydayperiodpruvidmA                                       for.inParagra~        3 or 4,
theprooEiduresofParagraph5ofthisPartEihdllbe~l~~to~lve
the     dispute.


3.             within           thirty        (30) days of the date of receipt by USASSC
                                                                                       of a
written      notice        frm u.s #, EPA of a decision or an action pertaining                                    to




            Page 28                                                                    GAO/NSIAD-9088    Fort Harrison   Environment
           Appendix IV
           Agreed order Between Fort Harrison    and the
           Environmental Protection Agency




                                            - 10 -


USXXX's implementation of this aglrement with which USASSC
                                                         disagrees,
USASSCmaysulPnittoU.S.~Aawrittenstatementofdtspltasett~                                            forth

the nature of the dispute, USASSC~S
                                  position                      with respeot to the dispute
ard the information USASSCis relying               upon to support its position,                  and
any inpactsu&disp~tenayhave                onspecifiedsohedules,                 elements ofwork,
submittals,      oractions     requhdbythispqreement.                    IfUSMSCdoesnot
provide suchwritten          statementtoU.S.        ETPAwithinthis          3O-dayperiod,
USASSC
     shall be deemedtohave agreedwiththe                           actiontakenbyU.S.              EPA

which led to or generated the dispute.

4.           Where U.S. EPA issues a Written Notice of Position,                     if USASSC
disagrees with the Written Notice of position                     it my provide U.S. E!PA
with awritten        statementofdispute          setting        forththenatxre       of the
dispute,     its position with respect to the dispute and the information                           it
is relying      on to support its pition,           ard any hpaot such dispute may have
on speoified schedules, elements of             work,      submittals or actions required by
this Agreement. If USASSC
                        does not provide such a written                            statemnt        of
dispute within thirty         (30) days of receipt         of     the Written Notice of
Position,     USASSC
                   shall be deemd to have agreed with the Written Notice of
Position.

5.           Uponreceiptofthewrittenstatemntofdispute,theFarties
shall engage in dispute resolution                                WerardtheEPA
                                                between the MlcC%24
RCRAEhforcementmch              Qlief ortheFrdesignees.                Theparties       shall have
thirty     (30) days fmn the receipt by the U.S. EPAof the written                         statement




         Page 29                                             GAO/NSIAIMO-88       Fort Harrison     Environment
                   Appendix        IV
                   AgreedOrder           Between Fort Harrison        and the
                   Environmental          F’ratectlon Agency




-

                                                                   - 11 -

        ofdisputetoresslvethedispute.                                lNrh-gthispericd,              theParties         shall
        meet as mny tims                  as are necessary           to dismss         am2 attmpt       resolution          of

        thedisplta.               Anyagm&resclutionshallbe                        inwriting,         signedbyboth
        parties.        IfagreementcaMotbereachedonanyissuebytheendofthis
        thirty     (30) day period, each party shall state its position                                  in writing           and
        provide it to the other Farty within                          10 days     of     the erd of the 30 day
        period.        Either       Party my, within twelve (12) days of the issuance of the
        other party's position,                   suhitawrittennuticetothe                       other party
        eSCidathg the dispute to the Dispute F&solution Cmunittee (IXC) for
        resolution.             If no Partyelevatesthedispute                      tithe       IZRCwithin inthis
        twelve (12) day escalation pariod, the Parties shall be deemd to have
        agreed with U.S. EPA's fhl                       written position with respect to the dispute.

        6.             The URC! will         serve as a forum for resolution                    of displtes          for which
        agreerrenthaa notbeenreached                        prsuant        to paragraphs 3,4 or 5            of      this
        section.        Theparties           &all. eachdesignate one Mividual                         toeerve         onthe
        DRC. The i~-~Jividuals designated to seme on the DRC shall                                      be employed           at

        the   policy      level         (SES or    equivalent)        or   be   delegated the authority               to
        participate        on the IlRC for the purposes of dispute resolution                               v&r        this
        Agrmt          . Follcwing           escalation of a dispute               to the CRC as set              forth in
        Paragraph 5, the URCBhallhavethFrty                                (30) days to unanhxely              resolve the
        dispute.        Any agreed resolution                    shall be inwritirg          ard signedbyboth
        parties.        If the KRCis unable to umnimuely                           resolve the disputx withb
        this thirty         (30) day period, eachparty                     shallpltits         position      inwriting
        ard provide it to the other Party within                             (10) days of the erd of the 30 day
        period.        Eitherpartymay,                withintwelve           (U) days oftheissuance                   of the
    Y

        ~e.rparty'spositon,                   subnitawrittennotic8                     ofdispltstothe




                  Page 30                                                        GAO/NSIAD-90-88        Fort Harrison       Environment
           Appendix Iv
           Agreed Order Between Fort Harrison          and the
           Environmental Protection Agency




ALbIbiStratOr         Of U.S.     EPA.   Intheeventthatthedisputeistiescalated
to the Administrator            of the U.S. EPAwithin the designated twelve (12) day
escalation period, the parties shallbadeenmzdtohave                                     agresdwith         the
U.S. EPADRCrepresentativels                fill       written position with respect to the
displte.

7.           Upon escalation of          a dispute      to     the    J!&ninistrator         of   U.S. EPA
pu.rsmnttOParagraph               6, theAdministratorwillreviewardresolve                                  such
dispute as axpeditiously             as passible, but not later than sixty                         (60) days,
follcwFng escalation.              Upon resolution,          the Administrator             shall pruvide
USASSC
     with a written decision resolving the dispute.

8.           lheU.S.      EPArepresentativeonthe                     DRCis theWa&eManagement
Division Director of U.S. EPA's Region V or tis designee.                                   USASSC~s
designat;edmemberis~~ldJ.mcdar~rorhis                           designee.          Notice of any
delegation      of    authority     ix-cm a PartyBra designated representative                           on the     DRC

shdllbeprovidedtotheother                    Party.

9.           The pendehcy of any dispute under this Section shall not affect
USASSCresponsibility              for timsly parformance oftheworkrsquiredbythis
Agreemnt, except that the time period for ccanpletion of work affsctsd by
sudr dispute shall be exterded for                   a pxicd         time   not    tn    exceed    the     achnl

delay caused by the resolution               of any gocd faith dispute in accordance with
thepmcedwesspecifiedharein.                       All elements oftheworkmguirsdbythis
Agreamntwhich           are notaffectezlbythedisplta                        shall continue andbe
mmpleted inaaxdancewiththeapplicable                                 schedule.




           Page 3 1                                                   GAO/NSIAD-90-88         Fort Harrison        Environment




                                                                                                                             _.
           Appendix IV
           Agreed Order Between Fort Harrison          and the
           Environmental Protection Agency




                                                     - 13 -


10.             Within    thirty       (30) days of resolution      of   a dbput43 pursuant t4 the
procedures spacified                inthisSection,usAssCshallimxpxat8the
resolutionard            final      detemination     intotheappropriateplan,               scheduleor
prazduresandprcasdtf~                     ixqGmentthisAgmemntaw~totheamm%d
plan, schedule orprmedure.

11.             Resolution of a disput8 puxsuant to this Section                  of     the Rqrement
constitutes         a final        resolution   of any d&ah       arising tier          this Agreemnt.
The   Parties       shallabideby           alltems     and com%tions of any final
resolution        of dispute obtained px8umt               to this section of thin Agreement.




          Page 32                                                GA0/NSIAD40-88        Fort Harrison   Environment
    Appendix N
    Agreed Order Between Fort Her&on   and the
    Environmental Protection Agency




                                            Fort    Benjamin   Barrison
                                            IN4 210 090 003
”
                                            V-W-89-R-b




    Page33                                         GAO/NSLAD9088 Fort Harrison Environment
Appendix V

Major Contributors to This Report


                        A

                                            LL,Aasuciate Director
National Security and       ~~~~JJ$~$!$L.., rh A-
                                               -L”“-““-.V
                                                Ancictant -A*--“--
                                                          lXrwt.nr

Indernational Affairs       Jacob W.*Sprouse, Assignment Manager
Division, Washington,
D.C.

                            Frank Kallmeyer, Evaluator-in-Charge
Cibcinnati Regional         Pat Roush, Site Senior
Office




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