Document M44N5QDDBvEp1dpL7m2dkKK4k

AR226-2580 Division of Water Resources 1201 Greenbner Street Charleston, WV 25311-1088 Telephone Number: (304) 558-2107 Fax Number: (304) 558-5905 West Virginia Department of Environmental Protection Bob Wise Governor Michael 0. CaHaghaa Secretary MEMORANDUM OF UNDERSTANDING between the OHIO ENVIRONMENTAL PROTECTION AGENCY and the WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, and EJ. du FONT de NEMOURS COMPANY (DuPONT) The West Virginia Department of Environmental Protection [WVDEP], the West Virginia Department of Health and Human Resources [WVDHHR], E.I. du Font de Nemours Company [DuPont], and me Ohio Environmental Protection Agency [OEPA] [collectively referred to as the "parties"] hereby enter into the following MEMORANDUM OF UNDERSTANDING [MOU] related to the enforcement of certain terms and conditions of Consent Order Number GWR-2001-019 entered into by and between WVDEP, WVDHHR, and DuPont Whereas ammonium perfluorooctanoate [C8], an unregulated chemical, was found to be present in the drinking water supply of citizens of the state of West Virginia living in and around Letart and Dry Run Landfills, and the Washington Works chemical facility located in Washington, West Virginia, which are facilities owned and operated by DuPont [the Facilities]. Whereas studies have determined mat C8 in sufficient doses, i.e., considering botih amount and duration of exposure, is toxic to animals; Whereas DuPont, WVDEP and WVDHHR entered into Consent Order No. GWR-2001019; which requires that the parties measure the extent and concentration ofC8 in the groundwater and surface waters in and around the Facilities, and that a standard protective of human health be developed for exposure to C8; 'To use all available resources to protect and restore "West Virginia's environment in concert with the needs of present and future generations." Wat Virginia Environmental Protection DDJ006969 EID501110 MEMORANDUM OF UNDERSTANDING Page 2 of 3 "Whereas the Order establishes the Groundwater Investigation Steering Team [GIST] whose task is to measure the extent and concentration of C8 in the groundwater and surface waters in and around the Facilities; Whereas the GIST has conducted extensive sampling of all public water supplies in and around the Washington Works facility; Whereas the GIST sampled and analyzed the public water supply operated by the Litde Hocking Water Association and located in Ohio along the shore of the Ohio River and across from DuPont's Washington Works facility for the presence ofC8; Whereas results of the sampling indicated the presence ofC8 in the Little Hocking Water Water Association drinking water supply; and Whereas as a result of the presence ofC8 now in the waters of the state of Ohio, the OEPA now wishes to enter into a cooperative agreement between and amongst the parties. The parties do now hereby agree as follows: 1. The parties agree that OEPA may have a representative present at all future GIST meetings for the purpose of gathering and sharing information gathered by me GIST. 2. The OEPA representative shall not be an active member of the GIST and shall not have any of the authority vested in or duties of the GIST as set forth in the Order. 3. The OEPA representative may actively participate in all discussions had by the GIST and shall have access to all information developed by the GIST. 4. The inclusion of the OEPA representative will in no way alter, change, or delay the time schedule established by the GIST in the performance of its duties pursuant to the Consent Order. 5. Any and all revisions or addenda to this MOU shall be made only with the written consent of the signatory parties. 6. This MOU shall terminate upon completion of the tasks of the GIST or may be terminated at any time by WVDEP, WVDHHR, or DuPont upon notice to the parties. No report issued by the GIST will be attributed to the Ohio EPA nor shall Ohio EPA be bound by any of the GIST'S findings, conclusions or recommendations. By mutual consent, all parties agree that the initiation of this MOU shall begin once all parties have signed and dated the MOU, and that those signatory parties identified below nave the authority, statutorily or otherwise, to enter into this MOU for the mutual benefit of their respective agencies and the citizens of Ohio and West Virginia. DDJ006970 EID501111 MEMORANDUM OF UNDERSTANDING Page 3 of 3 This MOU may be signed in coTinterparts with the understanding when signatures of all parties have been obtained and attached together the document will be binding on all parties. Entered Has _____day of___________ 2002, by: WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION BY: ALLYN G. TURNER, DIRECTOR, DIVISION OF WATER RESOURCES Entered tins_____day of___________2002, by: WEST VIRGINIA DEPARTMENT OP HEALTH AND HUMAN RESOURCES - BUREAU FOR PUBLIC HEALTH BY: DR. HENRY TAYLOR, COMMISSIONER liy Entered this______day of____________2002, by: OHIO ENVIRONMENTAL PROTECTION AGENCY CHRISTOPHER JONES, DIRECTOR Entered this <^^. day of U^Q^t . E.LDU FONT DE NEMOURS AND COMPANY ti^Q'. A-^^Qc PAUL BOSSERT, PLANT MANAGER' ^ 2002. by: DDJ006971 EID501112