DOJ FILED A MOTION TO ENTER THE METAL CONVERSION TECHNOLOGIES, LLC (MCT) CD ON AUG 3, 2016, AND THE JUDGE ENTERED THE CD ON THE SAME DATE. THUS, THE EFFECTIVE DATE OF THE CD IS AUG 3, 2016. PENALTY PAYMENT AND INJUNCTIVE RELIEF OBLIGATIONS TRIGGERED FROM AUG 3, 2016. PURSUANT TO THE TERMS OF THE CD, SETTLING DEFENDANTS WILL PAY A $25,000 CIVIL PENALTY (50% TO THE U.S. AND 50% TO THE STATE OF GEORGIA), BASED ON SETTLING DEFENDANTS' COLLECTIVE ABILITY TO PAY. ON AUG 8, 2016, MCT PAID THE PENALTIES TO BOTH THE STATE OF GA AND TO THE U.S. ON AUG 8, 2016, MCT SUBMITTED DESIGNATION OF CONTRACTORS AND PROJECT COORDINATORS AS PER CD DELIVERABLES.
SETTLING DEFENDANTS WILL PERFORM ALL ACTIONS NECESSARY TO IMPLEMENT THE STATEMENT OF WORK (SOW) SET FORTH IN APPENDIX B OF THE CD. THE ACTIONS TO BE IMPLEMENTED AS SET FORTH IN THE SOW INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: (1) DEVELOPMENT AND IMPLEMENTATION OF A SOIL SAMPLING AND ANALYSIS PLAN FOR ON-AND OFF-SITE SOILS; (2) DEVELOPMENT AND IMPLEMENTATION OF A GROUNDWATER SAMPLING AND ANALYSIS PLAN, AS NECESSARY; (3) SOIL REMOVAL AS NECESSARY TO ACHIEVE CLEANUP LEVELS, INCLUDING ANY NECESSARY AIR MONITORING; (4) IMPLEMENTATION OF PROPRIETARY CONTROLS, INCLUDING AN ENVIRONMENTAL COVENANT, AS NECESSARY AND (5) GW REMEDIATION SD NECESSARY. SETTLING DEFENDANTS WILL CONDUCT THE REQUIRED REMEDIAL WORK IN PHASES OVER A PERIOD OF 4 YRS.
PHASE 1 - WORK PLAN (WP) DUE SEPT 6, 2016. INCLUDES HORIZONTAL AND VERTICAL CONTAMINANT DELIN