10.2.12_-_Statement_of_Guiding_Principles.pdf

STATEMENT OF GUIDING PRINCIPLES

FOR

IDENTIFYING AND PAYING DUPONT FOR OTHER RESPONSE COSTS

INTRODUCTION

The United States Army Corps of Engineers (USACE) is responsible for the administration and execution of the Formerly Utilized Sites Remedial Action Program (FUSRAP). The Energy and Water Development Appropriations Act of 1999 mandated that response actions taken by USACE under FUSRAP be performed subject to the provisions of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). Thus, at a FUSRAP site, USACE may use its FUSRAP appropriations only for response and remedial activities and for other necessary costs that are not inconsistent with the NCP.

Six specific areas of the DuPont Chambers Works facility were designated as a FUSRAP site in 1980: (1) Building J-26; (2) F Corral Parking Area; (3) Building #845; (4) East Burial Area; (5) Lagoon A and (6) Central Drainage Ditch. USACE is authorized to conduct response activities on FUSRAP-related radiological contamination at those six areas of concern (AOCs).

DuPont has asked that USACE pay for certain costs DuPont has incurred in connection with USACE’s FUSRAP activities. In order to expedite USACE’s work at the Chambers Works Site, USACE has developed the following guiding principles for identifying the types of other costs that would be payable by USACE in connection with its FUSRAP work at the Site and for paying them.

SITE BACKGROUND

The Chambers Works facility is an actively operating manufacturing plant that continues to manufacture chemicals on a large scale; many of these are very hazardous. The plant has buried utilities in the ground that could be ruptured or disturbed by the investigation activities. Some areas where USACE is planning to conduct radiological contamination response activities may also be contaminated with hazardous chemicals that are not FUSRAP-related. Most of the proposed investigation activities are to be conducted in close proximity to current and prior DuPont operations where protective gear is required and close coordination with plant operators and vehicles is necessary.

For projects involving intrusive activity of any kind, the Chambers Works plant staff require two clearances. One deals with utilities to assure against rupturing lines. The other deals with approval for whatever work is planned to assure that it accommodates site specific hazards, e.g. contaminated soil/ground water, overhead lines, highly explosive materials, special protective equipment, and emergency procedures. In addition, DuPont requires that a DuPont representative be present during intrusive activities.

PAYABLE COSTS

The following types of costs will be payable by USACE as being necessary to its FUSRAP project at the Chambers Works Site, consistent with the NCP.

Issuance of utility clearances.

Issuance of certifications accommodation of site-specific hazards in work plans.

Performance of utility clearance activities while response actions are underway.

Providing an escort during the planning and implementation stages of the intrusive investigation activities. The DuPont escort will verify utility clearance and alert USACE and/or USACE contractor to potential safety hazards within the response area.

Providing services such as train bumping, electrical and phone line hook-ups, and other types of utility services.

Any other response activities with prior written USACE approval.

NON-PAYABLE COSTS

The following types of costs will not be payable by USACE as being necessary to its FUSRAP project at the Chambers Works Site, consistent with the NCP.

Administrative costs for providing historical or operational information that is readily available to DuPont.

Evaluation of proposals, recommendations, and draft plans related to USACE’s response activities (other than the review required for the issuance of the work plan clearance).

Reviews, comments, and recommendations on ancillary plans, such as project safety plans.

Participation in technical review meetings.

Visitors’ Health and Safety Orientations.

Management of the Chambers Works facility.

Supervision of DuPont staff involved in providing payable services.

Legal services provided to DuPont staff.

UNIT COSTS

DuPont will charge USACE for payable clearances under the same pricing system it uses to charge its corporate remediation group for the same type for work. DuPont will charge USACE for payable staff/representative time at hourly rates without markups.

PROCEDURES FOR ESTIMATING PAYABLE COSTS

Both USACE and DuPont would like to have some idea of the expenses each is likely to incur as work progresses. Depending on the project schedule and with approval from USACE, the USACE A/E will initiate a request to DuPont by submitting the necessary workplans and documents for review. Upon receiving the request, as part of issuing clearances, DuPont will also provide an estimate of the payable costs it would expect to incur in connection with USACE’s performance of that work plan. DuPont will provide the estimated cost for the request to USACE A/E. The USACE A/E shall obtain USACE approval for the estimated cost. This will assist both parties in their budget and work scheduling processes.

PROCEDURES FOR PAYMENTS

Within 60 day after a payable cost has been incurred, DuPont will submit to the USACE A/E an itemized invoice. The invoice will describe the costs incurred, including the date(s) when incurred, the nature of the work (e.g., clearance issuance, escort during intrusive work), the location of the work (if escort work), the number of hours worked by what person (for hourly rate costs), and will identify the work plan to which the costs relate.

The A/E will review the invoice to verify that the services were rendered and payment has not been made previously for the same services. The A/E will return to Dupont any inaccurate invoice, with a request for correction. If DuPont declines to correct the invoice, the A/E will forward it promptly to USACE with an explanation of the inaccuracy (ies) and the action taken. Not later than 10 working days after receiving an accurate invoice from DuPont, the A/E will submit the invoice to USACE for payment. Within 10 working days after receiving the invoice from the A/E, the USACE will furnish the A/E a written approval or rejection of the invoice. The USACE will discuss any rejection directly with DuPont.

If the USACE approves an invoice, it will direct the A/E to make payment to DuPont in the approved amount within 15 working days after receiving the approval.

The A/E will pay by check made payable to “DuPont Company” and mailed to one of the two following addresses:

For regular mail:

DuPont Company Attn: Ms Peggy Moss Barley Mill Plaza 27-2278 P. O. Box 80027 Wilmington, DE 19880-0027

For overnight mail:

DuPont Company Attn: Ms Peggy Moss Barly Mill Plaza 27-2278 Routes 141 & 48 Wilmington, DE19805

POINT OF CONTACT – USACE A/E

Roy F. Weston, Inc.

Attn: David H. Pohl, Ph.D, P.E.

1400 Weston Way P. O. Box 2653 West Chester, PA 19380

Tel: (610)701-7550 Fax: (610)701-3187 Email: pohld@mail.rfweston.com