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Remedy Agreement
Wyoming Military Department
Afton Anny National Guard Armory, /\fton, Wyoming
1. This Remedy Agreement (RA) is entered into \ u]untarily by the Wyoming ]'vlilitary Department
(WMD) and the Wyoming Departìílent of Environmental Quality (WDEQ), pursuant to the Voluntary
Remediation Program (VRP), Title 35, Chapter 11, ArlJc1e 16 ofTheWyomìng Environmental Qu,¡j¡[y Act,
W.S. § 35-11-1601 et seq. (Act).
2. The Volunteer (Wyoming Military Department) is the owner and operator ofa Natiunal Cuard Armory
located at 350 East 6'h A \'C. in Afton, Lincoln County, Wyoming. The site has historically been used as a
military training tàcility. The building cunently contains lead-contaminated dust. The primary source of the
lead was an indoor firing range that is no longer active. Other sources such as maintenance activities and
ambient conditions may have also contributed to the lead-contaminated dust accumulation.
3. The Volunteer and WDEQ have agreed that the remedy for the site is cleaning and enc'JjNtJating the
building surfaces. Institutional controls and "best management practices" will be implemented during and after
cleaning to reduce exposure to lead containing dust and debris. After cleaning and cncapsuJation, the
Volunteer will implement an operations and maintenance program to ensure the encapsulating materials are not
disturbed. This will include methods to ensure that the encapsulant is not disturbed by building use,
maintenance or remodeling. A program will also be implemented to ensure that proper repairs are made if the
encapsulant starts to peel or deteriorate.
4. The Volunteer entered the Anon Army National Guard Annory into the VRP in an application
received on March 22, 2004. The application stated that portions of the property were used as an indoor ¡¡r¡Jlg
range and a vehicle servicing area. The contaminant of concern from the former indoor jlring range is lead
contaminated dust. WDEQ determined the property was eligible to participate in the YRP Vj:ì ,I letter dated
April 19, 2004.
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5. Participation in the VRP typically involves entering into two separate agreements. A Preliminary
Remediation A¡"JTeement (PRA) contains provisions for completing site characterization and for gathering
information to support remedy selection. The PRA is followed by a Remedy Agreement (RA) which cuntains
provisions for remedy implementation. Based on Section 3 of this RA, the WDEQ and Volunteer agree that
the requirements usually contained in a PRA have been satislìed.
6. The purpose of this RA is to establish the terms and conditions agreed to by the V oluntcer and the
WDEQ for implementation of the agreed upon remedy.
7. The Lead Dust Risk Assessment Final Report elated December 3, 2003 details the investigation and
sample analysis conducted at the site to date. This document may be referred to for specific information
pertaining to the lead contamination that has been identi tìed at the property.
8. The Volunteer shall clean lead contaminated dust from the interior horizontal and vertical building
surfaces and then encapsulate any remaining contamination with appropriate latex based paint. The \VDEQ
and Volunker agree that cleanup and encapsu1atioJ1 is the pretèrrL'd remedy to protect human health and the
environment during any potential use of the site.
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RECEIVED 12/5/2005 at 2:31 PM
RECEIVING # 914176
BOOK: 606 PAGE: 693
JEAN~, E WAGNER
LlNCOl!'J COUNTY ClEPV ':1[-TŒI<, WY
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9. Contaminated surfaces wi]! be cleaned and encap,q¡Jated. Remediated surface areas of the building
\vill meet the initial clearance standards for the completion of lead abatement, of 250 ug/f12 of lead for
structural stecllocated mOle than 10 fcet above the floor and 40 ug/f¡2 of lead for all other surfaces. These
initial clc:nance standards wiJl only serve as stalldards until such time as a certificate of completion is issued.
Thcrealìer, the Volunteer will employ an Operations and Maintenance Program, as specified in Section 12, to
ensure that thc cneapsulating materials arc not disturbed.
10. Lead contaminated dust and any other contaminated wastes will be transported to a faciJity permitted
to receive, treat and/or dispose of such \vastes. The Voluntecr will submit to the WDEQ the names of the
transporter and thc treatment facility along with the associated written agreements at least 14 days prior to
starting implcmentation of the rcmcdy.
II. A Remedy Implementation WorkpJan (RIW) must be submitted to the WDEQ at least 21 days prior to
project implementation. The RIW must contain the following information:
· Project scheduk including projected start up date, length, in days, of each phase of the cleanup,
esti mated date of all sampJing, estimated date of receipt of sample data and estimated date of submittal
of the Remcdy Implemcntation Report to WDEQ.
· Dctai Is of remedy imp lemcntation (this can include references to the RFP the Volunteer received tìom
the \vinning contractor.)
· Dctails on the contractor (needs to be submitted formaJly for inclusion as pel! ( iJ I' the RA).
· A letter hom the operator of the l11unicip<1l wastewater system indicating that thcy are capable of
handling the wastewater that will be generated during the cleanup phase.
· Names, aùdresses, and pennit/licensing information on the transpoJier and the disposal facility that
will haul, treat and/or dispose the waste as described in Section 9,
.. C1car<1nce sampling information. All proposed clearance sampling must meet the requirements
speci lìcd in 40CfR Part 745.228 (e)( 8)(i)-(vii) and 745.228(f) including:
o Namcs, affiliations and qualifIcations ofpcrson(s) taking samples
o The proposed sampJing methodology.
o The proposed general locations and number of samples
o The names and qualifications and detection limits for the laboratory(ies) who wi]] analyze the
samples.
· W L) E<~ \\ill review the Rcmedy Implementation ìV orkplan and provide the V oluntecr with its \\'Tilten
approval, conditional approval, approval with modifications, or disapproval with comments.
l2. A Remedy Implementation Report \vill be submitted to WDEQ within 45 d<1Ys of receipt of the
certified laboratory results 1'1'0111 the final clearance sampling. The report wi]! include all findings and
analyticaJ data. At a minimum, the Remedy Implementation Report will include the following information:
.. /I.. dcscriptlon with a diagram of the areas c1c<1ncd and encapsulated;
.. Clearance sampling cbtCl as described in thc approved Remedy Implementation Workplan incJuding
spcci fIc cont<11llinant concentrations;
.. A description, with a dia!:,'TCl1ll, of final cJcarance sampling locations.
· 1\ dcscription, with a dl:1gral1l, of the sampling locations and laboratory results of any other samples
taken during the project.
.. Comparison of the analytical results of clearance samples to the standards for lead speciÜed in Section
9.
.. A description of the long term methods that wi II be used to ensme that the encapsulating materials
remain in place and in good condition. "['his should includc any plmmed operations and maintenance
as well as any appropriate institutional controls.
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· The Remedy Implementation Repnrt will be submitted for review and approval to WDEQ in
accordance to the schedule defined in the Remedy Implementation Wnrkpbn. WDEQ wiJl review the
Remedy Implementation Report and provide the Volunteer with its written approval, conditional
approval, approval with modifications, or disapproval with comments.
13. In the event the Remedy Implementation Report confirms that the standards, as detined in Section 9,
have been met, the Volunteer may then request a certificate of completion pursuant to W.S. ~.\5-1 I -1608. Tn
the event that the Remedy Implementation Report does not confirm that the standards, as defined in Section 9
have been met, the Volunteer and WDEQ agree to reopen this RA (see Section 29) to incorporate new remedy
provisions. The new provisions may require maintenance of institutional and/or engineering controls as
appropriate.
14. The Volunteer wiJl comply with any applicable rules or regubtions for management of wastes
generated through implementation of this RA.
15. Compliance by the Volunteer with the terms of this RA shall not relieve the Volunteer of its obligation
to comply with RCRA and/or any other applicable State or Fcderallaw or regulation.
16. If the elate for submission of any item required by this RA faJls upon a weekend or state holiday, the
time period for submission of that item is extended to the next state working day following the weekend or
holiday.
17. The Volunteer shaJl make available to W D EQ and shall retain during the pendency of this RA and tlJr
a period of three (3) years after this RA is satisfied, aJl records and documents in its possession, custody or
control, or in the possession, custody or control of its contractors or subcontractors, which relate tn the
performance of this RA, including but not limited to documents reflecting the results of any sampling, tests, or
other data or information generated or acquired by the Volunteer, or on the V o]unteer's behalf, with respect to
the implementation of this RA. After the three (3) year period of document retention, the Volunteer shall
notify the WDEQ, in writing, by certified mail, return receipt requested, at least nincty (90) calendar days prior
to the destruction of any such documents, and upon request byWDEQ Volunteer shall relinquish custody of
the documents to the WDEQ.
18. The Volunteer must employ sound scientific, engineering, construction and management practices and
principles uncler this RA. Therefore, it is the Volunteer's responsibility to ensure that personnel and
contractors to be used in can-ying out the work required by this RA possess the appropriate qualifications.
] 9. The Volunteer sha1l use quality assurance, quality control, data validation, and chain of custody
procedures for alJ data gathered under this RA in accordance with EP A OS WER Directive S W 84Ó, Tlmd
Edition, or subsequent edition as then in effect.
20. A1I workp]ans, documents, and reports submitted under this RA shall be incorporated by reference into
this RA as if set forth fu1ly herein. Moditications to workplans made by written agreement between the
WDEQ and the Volunteer become enforceable uncleI' this RA, and do not constitute a reopener to this RA (see
Section 28).
2 1. Interim Measures are proposed and implemented when conditions at a facility present a threat to
human health and/or the environment. As warranted, the Volunteer wiJl implement interim measures to control
or abate actual threats, prevent imminent threats from occuning, and/or keep contamination problems from
increasing in scope. Except for actions necessary to address an immediak threat to human health or the
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environment, interim actions require Vy7DF(~ approval prior to implementation. For actions necessary to
addrcss an immediate threat, the Volunteer must v(~rhally notify WDEQ within twenty-four (24) hours ,1Ild in
writing within three (3) days. To the extent practicable, interim measures should be con~istent with the
remediation standards of \V.S. §35-ll-l605. The criteria that wi11 be used in determining the need and
appropriateness of a given interim measure inc]ude, but are not1imited to the following:
a. Time to implement the final remcdy;
b. The immediate need to control human exposures;
c. The immediate nced to contro] re1c;¡ses to groundwater;
d. ^ctu,ll or possible exposures to nearby populations or animals;
c. lhc threat or contamination of drinking \vater;
I. Further degrad;lti()!1 if the interim measurc is not carried out;
g. The presence of wastes that pose a threat of further release;
h. Hazardous waste or constituents in soiJs or groundwater that could migrate:
1. Weathcr conditions that may cause rcJcases of hazardous wastes or constituents;
J. R1Sk o¡-lire/explosion or exposure to the hazardous wastes or constituents;
k. Other situations that may pose threats to human health and the environment.
22. \V.S. §35-11-1612 authorizes thc WDEQ to recover fees associated with aJ! reasonab1c dircct and
indirect costs associ,ltcd with WDEQ participation in activities authorized under Aliicle 16 of the Act. The
Voluntecr acknowledges that under certain circumstances, it Illay be necessary to utilize a WDEQ approved
technical scrviccs contractor to providc technical assistance to WDEQ for work activities that arc beyond the
expertise of wm:() sta fl'. WD EQ \vi 11noti fy the Volunteer of sllch technica] assistance needs, and will work
with the Volunteer to dcfine an appropriate scope of ",'ork and associatcd costs prior to contracting for such
technica] assistance and assessing fees to cover such contractor costs. By entering into this RA, the Volunteer
agrees to not dispute or appeal assessment of fees to cover work actually performed at the rates specified in the
contract, but may dispute or appeal assessment of rces on the grounds that the contractor' did not actually
perform the work specified in the contract or that the rates biIJed are not the rates speciEed 111 the contract.
23. The V oluntccr IS SlI bject to the financial assurance requirement of W.S. §35-11-1607(b). TheWDEQ
may invoke s~lid rcquirement at such time that the \VDEQ determines financial assurance mechanism(s) for
VRP sites.
24. For plllvoses ofthisR.A, a Force Majcure is any event arising from causes not foreseeable and beyond
the reasonable contro] of the Volunteer which could not be overcome by due diligence and which delays
performance of any obligations required hy this RA. Events which may constitute a Force Majeure include,
without limitatioll, acts of God; wars, civil unrest; unusual scvere weathcr; regulatory deJays reJating to
requircd approval or permits; or eallhquake, fire, flood or other C<lsuaJty, but excludes increase of costs or
financial problems of the Volunteer.
25. The Volunteer shall oraJ!y notify the WDEQ within five (5) business days and conErm in writing such
oral notification within ten (10) husiness days aCler any event which the Volunteer contends is a Force
Majeure. Such notification shall describe the anticipated length of the delay, the cause or causes of the delay,
the measures taken and to be taken by the Volunteer to minimize the deJays, and the timetable by which these
measures will be implemcnted. Failure to notify the WDEQ in accordance with this Section shan constitute a
waiver of such claim of Force ìvlajeure. The Volunteer shall have the burden of demonstrating the event is a
Force Ivlajeurc.
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26. If the WDEQ agrees that a delay is attributable to a Force Majeure, the time period for performance of
the activity delayed and any other activities affected by such delay under this RA shalJ be extended for a
reasonable time period appropriate to the circumstances. Tfthe WDEQ finds that thedeJay is not attributable to
a Force Majeure, no extension sha]] be permitted,
27. Any dispute invoked under this R.A. is subject to the dispute resolution provision contained in W.S.
§35-1Í-1611. .
28. Pursuant to W.S. §35-11-1610(a), the WDEQ may reopen a RA at any time If: 1) the CUlTent owner
fails substantialJy to comply with the tenns and conditions of the Remedy AgTeement; 2) an nnminent and
substantial endangerment to human health or the environment is discovered; 3) contamination is discovered
that was present on the site but was not known to the Volunteer or the \VDEQ on the dale of the Remedy
Agreement; or 4) the remedy fails to meet the remediation objectives that are contained in this RA .
29. Tfthe Volunteer submits an application to modify this RA, the Volunteer sha]] comply wilh \VS. § 35-
11-1604(a).
30. Pursuant to W.S. §35-11-1610(c), the WDEQ may terminate a RA if it is discovered that the RA was
based on fraud, material misrepresentation or failure to disclose material information, or if the Vol unteer' s
wi]]ful violation of any use restriction results in harmful exposures of any toxic contaminant to any u:;tr or
occupant of the site.
31. Pursuant to \V.S. §35-11-161 Oed), if the WDEQ reopens or terminates a RA, the \VDEQ shall record a
notice of such action in the office of the county clerk with the deed for the site, within ten (10) busiI'1ess clays
after the date that the RA is reopened or terminated.
32. ThisRA shalJ be satisfied when the \VDEQ issues a certitìcate of completion in accordance with \V.S.
§35-11-1607 and 1608. The completion would be subject to the reorJ(:ners and tem¡ination cbuses provided in
W.S. §35-11-1610.
33. Upon the effective date of this RA, the Volunteer may request that WDEQ issue a Covenant Not to
Sue with respect to the site. Any Covenant Not to Sue shall be subject to the conditions of\V.S. §35-11-1607
and 1610.
34. The WDEQ hereby reserves a]] of its statutory and regulatory powers, authorities, rights, remedies,
both legal and equitable, which may pertain (0 the Volunteer's failure to comply with any appJicabJe laws and
regulations and with any of the requirements of this RA, including but not limited to, the right to disapprove of
work perf0Il11ed by the Volunteer, to request that the Volunteer perform additional (asks and the right to
perform any portion of the work herein.
35. Each party to this agreement shall assume the risk of any liahility arising from its own conduct. None
of the parties agree to insure, defend or indemnify the other parties.
36. Pursuant to \V.S. §35-11-1607(j), the Volunteer shal1 record a copy of this RA in !he of1ìce oj' lhe
county clerk for the site no 1ater than ten (10) business days after the date this RA is signed:
37. This RA shall apply to and be binding upon the Volunteer, its successors and as'jignees and upon ¡he
WDEQ and its successors.
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38. The signatories to this Ri\ certify that they are fulIy authorized to execute thisRA and IcgaJ1ybind the
parties they represent.
IN WITNESS WHEREOF, the parties have caused this RA to be duJy executed on the dates set forth below.
FOR THE ""YOi\IlNG DEPARTi\Œi'H OF EN\'I RONJ\IENTAL QUALITY
By: &_ f!¿._t1ßÎ~-
John V. CO!l'a,h eetor
WDEQ
(L/Í-:r/Js-
Date
The foregoing instrument was acknO\vlcdgcd before me by John V. Carra this/':::;>' day of
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ATTORNEY GENERAL'S OFFICE APPROVAL AS TO FORM:
BY:
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ASSISTANT ATTORNEY GENERAL
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FOR THE WYOMING lVIlLlTARY DEPARTMENT
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Douglas C Shope, Deputy Direcwr
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'1he foregoing instrument was acknowledged before me by this I JYTá'ay of
& !Jeyy\ be..¡.--, 2005.
Witness my hand and ofíìcial seal.
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(Notary PubJlc or Secretary if a CorporatIOn)
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A TTORNEY GENERAL'S OFFICE APPROVAL AS TO FORM:
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