Document pBbNBqj9XEVeY9O9Xg7aLz3M6

AR226-2580 D ivision o f W ater Resources 1201 Greenbrier Street C harleston, W V 25311-1088 T elephone Number: (30 4) 558-2107 Fax Number: (304) 558-5905 W est Virginia Department o f Enviromnental Protection Bob Wise "~A " -- -- Michael O Callaghan Governor Secretaiy 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 E.I. du PONT de NEMOURS COMPANY (DuPONT) The W est Virginia Department of Environmental Protection [WVDEP], the W est Virginia Department o f Health and Human Resources [WVDHHR], E.I. du Pont de Nemours Company [DuPont], and the Ohio Environmental Protection Agency [OEPA] [collectively referred to as the "parties"] hereby enter into the following M EM ORANDUM O F UNDERSTANDING [MOU] related to the enforcement o f certain terms and conditions o f Consent Order Number GWR-2001-019 entered into by and between WVDEP, WVDHHR, and DuPont W hereas mmnnium perfluorooctanoate [C8], an unregulated chemical, was found to be present in the drinking water supply o f citizens o f the state o f W est V irginia living in and around Letart and Dry Run Landfills, and the Washington Works chemical facility located in Washington, W est Virginia, which are facilities owned and operated by D uPont [the Facilities]. W hereas studies have determined that C8 in sufficient doses, i.e., considering both am o u n t and duration o f exposure, is toxic to animals; W hereas DuPont, WVDEP and WVDHHR entered into Consent O rder No. GWR-2001019; which requires that the parties measure the extent and concentration o f C8 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 W est V irginia's envirnninpnt iti concert w ith d ie needs o f present and future generations." W est Virginia Department o f Environm ental Protection DDJ006! EID501110 MEMORANDUM OF UNDERSTANDING Page 2 o f 3 W hereas the Order establishes the Groundwater Investigation Steering Team [GIST] whose task is to measure the extent and concentration o f C8 in the groundwater and surface waters in and around the Facilities; Whereas the GIST has conducted extensive sampling o f all public w ater supplies in and around the W ashington Works facility; W hereas the GIST sampled and analyzed the public w ater supply operated by the Little Hocking W ater Association and located in Ohio along the shore o f the Ohio River and across from DuPont's W ashington Works facility for the presence o f C8; W hereas results o f the sampling indicated the presence o f C8 in the Little Hocking W ater Water Association drinking water supply; and W hereas as a result o f the presence o f C8 now in the waters o f the state o f 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 o f gathering and sharing information gathered by foe GIST. 2. The OEPA representative shall not be an active member o f foe GIST and shall not have any o f foe authority vested in or duties o f foe GIST as set forth in foe Order. 3. The OEPA representative may actively participate in all discussions had by foe GIST and shall have access to all information developed by foe GIST. 4. The inclusion o f foe OEPA representative will in no w ay alter, change, or delay the limp! schedule established by the GIST in foe performance o f its duties pursuant to foe Consent Order. 5. Any and all revisions or addenda to this MOU shall be made only with foe written consent o f foe signatory parties. 6. This MOU shall terminate upon completion o f foe tasks o f the GIST or may be terminated at any time by WVDEP, WVDHHR, or DuPont upon notice to foe parties. No report issued by foe GIST will be attributed to foe Ohio EPA nor shall Ohio EPA be bound by any o f the GIST's findings, conclusions or recommendations. By mutual consent, all parties agree that the initiation o f this MOU shall begin once all parties have signed and dated foe MOU, and that those signatory parties identified below have foe authority, statutorily or otherwise, to enter into this MOU for foe mutual benefit o f their respective agencies and foe citizens of Ohio and West Virginia. DDJ006970 EID501111 MEMORANDUM OF UNDERSTANDING Page 3 o f 3 This MOU may be signed in counterparts with the understanding w hen signatures o f all parties have been obtained and attached together the document w ill be binding on 1 parties. Entered th is_________day o f_________________ 2002, by: WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION BY: ALLYN G. TURNER, DIRECTOR, DIVISION OF WATER RESOURCES Entered th is_________day o f_____________ - 2002, by: WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES - BUREAU FOR PUBLIC HEALTH BY: DR. HENRY TAYLOR, COMMISSIONER Entered th is_________ day o f___________________ _ 2002, by: OHIO ENVIRONMENTAL PROTECTION AGENCY CHRISTOPHER JONES, DIRECTOR Entered this _ day of . E.I. DU PONT DE NEMOURS AND COMPANY 2002, by: DDJ006971 EID501112