UNITED STATES ENVIRONMENTAL PROTECTION AGENCY\ REGIONS 299553"o 77 WEST JACKSON BOULEVARDf CHICAGO, IL 60604-3590

MEMORANDUM REPLY TO THE ATTENTION OF

SUBJECT: ACTION MEMORANDUM - Request for a Time Critical Removal Action atthe Skinner Landfill Tri-E Technologies Site, West Chester, Butler County, Ohio(Site ID # 0573)

FROM: Kathy Clayton, On-Scene Coordinator ,Emergency Response Branch - Section 1

TO: Richard C. Karl, DirectorSuperfund Division

THRU: Jason H. El-Zein, ChiefEmergency Response Branch 1

I. PURPOSE

The purpose of this memorandum is to document your approval to expend up to $92,269 to abatean imminent and substantial threat to public health and the environment present at the SkinnerLandfill Tri-E Technologies Site (the Site) in Butler County, Ohio. This action is necessary tomitigate the immediate threat to human health and the environment posed by elevated levels oflead from deteriorating cardboard containers.

The presence of CERCLA hazardous substances at the Site has been documented in the soilthat is adjacent to a groundwater trench and near a waterway. Concentrations of lead in thedeteriorating containers were found to be 80 times the regulatory limit for a RCRA hazardouswaste, established in 40 CFR §261.24.

The response action proposed herein will mitigate Site conditions by proper identification andoff-site disposal of all lead-containing hazardous waste and soils. Because hazardous substancesexist in substantial quantities and in an uncontrolled manner, this removal should be classified astime-critical. The project will require an estimated 10 working days to complete.

U.S. EPA previously took a remedial action at this Site. The Skinner Landfill was placed on theNational Priorities List (NPL) in 1982. The first Unilateral Administrative Order (UAO) wasissued to the potentially responsible parties (PRPs) in 1992. As a result of the initial UAO,the immediate risk from the Site was stabilized through construction of a fence around thecontaminated area, provision of an alternate supply of drinking water to the potentially affectedusers of the groundwater, and groundwater monitoring. The second remedial action, initiated in

Recycled/Recyclable • Primed with Vegetable Oil Based Inks on 50% Recycled Paper (20% Postconsumer)

1993, addressed potential future migration of Site contaminants into the groundwater and limitedthe potential for direct exposure of Site contaminants to humans through source controlmeasures. Further discussion regarding completion of this remedial action is set forth below inSection n, Site Conditions and Background.

Ohio Environmental Protection Agency (Ohio EPA) was notified of the high lead hazardouswaste (that is the subject of this action memo) by the consultants working for the PRPs at theclosed Skinner Landfill Site. This Site does not set any precedents and is not considerednationally significant.

II. SITE CONDITIONS AND BACKGROUND

CERCLIS ID #OHD 063 963 714

A. Physical Location

The Skinner Landfill Tri-E Technologies Site is located within the closed Skinner Landfill,located at 8740 Cincinnati-Dayton Road, in West Chester, Butler County, Ohio. The Sitecoordinates are 39.334092 N latitude and 84.403456 longitude.

B. Environmental Justice Analysis

According to the Region 5 Superfund Environmental Justice Analysis, the low incomepercentage for the State of Ohio is 30% and the minority percentage is 16%. To meet theEnvironmental Justice (EJ) concern criteria, the area within one mile of the Site must have apopulation that is twice the state low income and/or twice the state minority percentage. That is,the area must be at least 60% low income and/or 32% minority. There are approximately 394people who live within one mile of the Site (Census 2000 database). The minority population is5% and the low income population is 16%. Therefore this Site does not meet the Region's EJcriteria based on demographics as identified in Region 5's Interim Guidelines for Identifying andAddressing a Potential EJ Case, June, 1998.

C. Site Description and Background

The Site is bordered on the north and east by the perimeter fence of the closed Skinner LandfillSite. The East Fork of Mill Creek bounds the Site to the South. An abandoned coal bin andgrain elevator border the Site to the west. As indicated in Attachment 3, the groundwater trench(established as part of the final remedial action for the Skinner Landfill Site) is located just northof the Site.

The Site is located in a mixed commercial and residential area. The Union Elementary School islocated immediately across Cincinnati-Dayton Road to the west of the Site. Several residencesare located on the property, including one which is used as a commercial day care. Additionally,newly constructed residences are located across the creek to the south of the Site.

Skinner Landfill accepted a variety of wastes, including hazardous chemicals, from 1934 until1990. Ohio EPA initiated an investigation of Skinner Landfill in 1976 in response to a fire andreports of a black oily liquid in a waste lagoon on the Site. During the course of Ohio EPA'sinvestigation, Albert Skinner, the Site owner at the time, covered the lagoon with demolitiondebris in an attempt to hinder the investigation. Trenches in the lagoon revealed black andorange liquids and a number of barrels of waste.

In 1982, U.S. EPA conducted a limited investigation of the Skinner Landfill for purposes of NPLscoring. This investigation showed that the groundwater southeast of the buried waste lagoonwas contaminated with volatile organic compounds. The Skinner Landfill was placed on theNPL in December, 1982.

In 1986, U.S. EPA began a Phase I Remedial Investigation, with the sampling of groundwater,surface water, and soils. A biological survey of the East Fork of Mill Creek and Skinner Creekwas also performed. In 1989, U.S. EPA began its Phase II Remedial Investigation to furtherinvestigate the groundwater, surface water, soils, and sediments, hi 1990, through a legalproceeding, Ohio EPA closed the Site to all further landfilling activities. The Phase n RemedialInvestigation was completed in 1991, and the Feasibility Study was completed in 1992.

The U.S. EPA Phase II Remedial Investigation identified four contaminant source areas at theSkinner Landfill: a former dump, a buried waste lagoon, a metal scrap yard, and several buriedwaste pits. The remedial action at the Skinner Landfill Site consisted of two phases. The firstphase was an interim action to protect human health from any potential immediate risks. TheUAO for the first phase was issued in December 1992. It required Site fencing, connections tothe Butler County public water system for potentially affected local users of groundwater, andgroundwater monitoring. A subset of the PRPs organized as the Skinner Landfill PRP Group andcompleted the work required by the UAO.

The Record of Decision (ROD) for the second phase of the remedial action was approved inJune, 1993. It required the following remedies:

• Construction of a RCRA cap over the waste materials;• Interception, collection, and treatment of contaminated groundwater;• Diversion of upgradient groundwater flow;• Monitoring;• Institutional controls; and• Soil vapor extraction.

The Remedial Design (RD) was conducted by the Skinner Landfill PRP Group under anAdministrative Order on Consent. The parties which conducted the RD, as well as severaladditional parties, entered into the Remedial Action Consent Decree, which was entered by thecourt on April 2, 2001. This Consent Decree called for the implementation of the second phaseof the remedial action, as called for in the June 1993 ROD. Remedial construction began inApril 2001; the Site achieved construction completion in September 2001.

The conditions which require these current response actions, the improper storage of hazardouswaste on the Site especially in the area of the groundwater trench and the East Fork of Mill Creekare a violation of the Consent Decree for the Site. Additionally, one of the institutional controlsimplemented pursuant to the Consent Decree was an environmental covenant under the OhioUniform Environmental Covenant Act. This covenant, which is recorded in Site land recordsand runs with the land, prohibits any activity on the Site that will interfere with the performanceof the remedies installed.

In August, 2007, Ohio EPA was contacted by the consultants working for the PRPs at the closedSkinner Landfill Site. The consultants were concerned about waste that had appeared on-sitesince their last visit. Ohio EPA investigated the complaint and identified 77 cubic yardcardboard containers and 1 supersack of crushed computer glass located along the fence of theclosed Skinner landfill. A packing slip on one of the containers had a company name "Tri StateComputers." Further investigation revealed that Ray Skinner, the son of the owner of the Site,agreed to store the materials for Tri-State Computers in Fairfield, Ohio. Tri-State Computers hasgone out of business; its successor maybe Tri-E Technologies.

Ohio EPA sampled the waste material and found TCLP lead levels ranging from 93 mg/L to 185mg/L. The RCRA hazardous waste regulatory level for lead is 5.0 mg/L (40 CFR §261.24).Ohio EPA noted that the condition of the cardboard containers was quickly deteriorating. Manycontainers had ruptured and the material was beginning to spill onto the ground. Informationcollected during the remedial action indicates that the soils underlying the area of the propertywhere the Tri-State Computers' wastes are located are more permeable silty sand and graveldeposits. The porous and permeable sand and gravel deposits on this area of the property weredetermined to readily store and transmit groundwater, which may contribute to the migration ofSite contaminants. Groundwater movement on the Site is to the southwest, which is toward theEast Fork of Mill Creek.

In March, 2008, because it determined that the responsible parties are not financially viable, OhioEPA requested assistance from U.S. EPA with the assessment, removal, and disposal of thehazardous waste.

U.S. EPA performed the following activities during a Site assessment in March, 2008:o collected composite samples of the crushed glass,o evaluated metal concentrations in the soil surrounding the waste material using an XRF,o collected soil samples under spilled waste,o documented the quantity and condition of the waste, the proximity of the waste to nearby

sensitive environments, and the degradation of the containers, ando surveyed the property for additional hazardous waste stored on Site.

TCLP analysis of composite samples of the waste material indicated lead levels as high as 400ppm. Additionally, total lead levels as high as 700 ppm were detected using an XRF in the soil

beneath the waste that had spilled from the deteriorating containers of waste during the Siteassessment.

U.S. EPA has determined through its investigation that neither Ray Skinner nor Tri-StateComputers is able to properly dispose of the highly-contaminated lead waste currently beingstored along the fence of the closed Skinner landfill. Because the integrity of the cardboardcontainers is deteriorating rapidly under the high precipitation conditions associated with springin southwestern Ohio, U.S. EPA seeks to immediately remove and dispose of the hazard in orderto protect human health and the environment.

III. THREATS TO PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT, ANDSTATUTORY AND REGULATORY AUTHORITIES

The conditions present at the Site constitute an imminent and substantial threat to the publichealth, or welfare, and the environment based upon the factors set forth in Section 300.415(b)(2)of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), as amended,40 CFR Part 300. These factors include, but are not limited to, the following:

1) Actual or potential exposure to nearby human populations, animals, or the food chainfrom hazardous substances or pollutants or contaminants;

The hazardous waste is located outside the fenced landfill area and less than 20 feet from thegroundwater interceptor trench installed for the closed landfill (see Attachment 3). The waste isalso approximately 60 feet from the East Fork of Mill Creek. The East Fork of Mill Creek flowstoward the southwest from the Skinner property into Mill Creek. Mill Creek is a major south-flowing tributary of the Ohio River. The storage area is unsecured and there is ready access tothe hazardous waste by the public from nearby residences and the school via the nearby bridgeover the creek (see Attachment 3).

The closed Skinner Landfill, where this Site is located, is in a mixed commercial and residentialarea. The Union Elementary School is located immediately across Cincinnati-Dayton Road tothe west of the Site. Several residences are located on the property, including one which is usedas a commercial day care. Additionally, newly constructed residences are located across thecreek to the south of the Site.

Leaching of the lead from the deteriorating containers into the soil was documented during theMarch, 2008 U.S. EPA sampling event. The soil under the containers was determined previouslyby U.S. EPA to be permeable silty sand and gravel deposits. The potential risk of lead travelingoff-site via groundwater or the nearby creek is high. According to the Agency for ToxicSubstances and Disease Registry, the harmful effects of lead include premature births, lowerbirth weight, decreased mental ability in infants, and learning difficulties, and reduced growth inyoung children.

2) Actual or potential contamination of drinking water supplies or sensitiveecosystems;

The hazardous waste is located less than 20 feet from the groundwater interceptortrench installed for the closed landfill (see Attachment 3). The waste is alsoapproximately 60 feet from the East Fork of Mill Creek. The East Fork of theMill Creek flows toward the southwest from the Skinner property into the MillCreek. Mill Creek is a major south-flowing tributary of the Ohio River. Leachingof the lead from the deteriorating containers into the soil was documented duringthe March, 2008 U.S. EPA sampling event. The soil under the containers wasdetermined previously by U.S. EPA to be permeable silty sand and graveldeposits. The potential for the lead to leach through the soil into the groundwateris high.

3) High levels of hazardous substances or pollutants or contaminants in soilslargely at or near the surface, that may migrate;

The hazardous waste is stored outside in uncovered deteriorating cardboard containers. Many ofthe containers have already breached resulting in waste spilling from the containers onto theground (see Attachment 4). Elevated lead concentrations were documented in the soil under thewaste. The soil under the containers was determined previously by U.S. EPA to be permeablesilty sand and gravel deposits. The potential for the contaminated soil to migrate is high.

4) Weather conditions that may cause hazardous substances or pollutants or contaminantsto migrate or be released;

Hazardous waste is already being released from the cardboard containers. Heavy rains, which arecommon in southwestern Ohio during the spring, will exacerbate the deterioration of thecontainers and increase the possibility that lead contamination will be released into theenvironment. In dry conditions, the contaminated soil could become airborne and blow off site.

5) The availability of other appropriate Federal or State response mechanisms to respond tothe release;

A financial analysis conducted by U.S. EPA shows that neither Ray Skinner nor Tri-StateComputers is able to properly dispose of the waste and associated contamination. Ohio EPA hasrequested U.S. EPA assistance in mitigating the threat at the Site. Please see the AdministrativeRecord (Attachment 1) for the referral letter.

IV. ENDANGERMENT DETERMINATION

Given the Site conditions, the nature of the contamination on Site, and the potential exposurepathways described in Sections n and HI above, actual releases of hazardous substances from thisSite, if not addressed by implementing the response actions selected in this Action

Memorandum, may present an imminent and substantial endangerment to public health, orwelfare, or the environment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS

The OSC proposes to undertake the following actions to mitigate threats posed by the presence ofhazardous substances at the Skinner Landfill Tri-E Technologies Site:

1) Develop and implement a Site Health and Safety plan, including an air monitoring plan andSite Emergency Contingency Plan;

2) Develop and implement a Site Security Plan;

3) Characterize, remove, and properly dispose of hazardous waste (containerized anduncontainerized waste) and associated contaminated soil and debris located at the Site inaccordance with U.S. EPA's Off-Site Rule (40 CFR § 300.440);

4) Develop and implement an extent of contamination and post excavation sampling plan toverify cleanup; and

5) If necessary, backfill excavated areas with clean material and topsoil.

This removal action will be conducted in a manner not inconsistent with the NCP. The OSC hasinitiated planning for provision of post-removal Site control consistent with the provisions ofSection 300.415(1) of the NCP. However, elimination or mitigation of the threats is expected tominimize the need for post-removal Site control at the Site.

The detailed cleanup contractor cost estimate is presented in Attachment 5. The estimatedproject costs are summarized below.

REMOVAL PROJECT CEILING ESTIMATE

EXTRAMURAL COSTS:

Cleanup Contractor (ERRS) $67,190Contingency 15% $ 10,079Subtotal $ 77,269

Total START $15,000

SUBTOTAL EXTRAMURAL $ 92,269

TOTAL REMOVAL ACTION PROJECT CEILING $ 92,269

Applicable or Relevant and Appropriate Requirements

All applicable and relevant and appropriate requirements (ARARs) of Federal and state law willbe complied with to the extent practicable. The OSC sent a letter, dated May 3, 2008, requestingARARs to Mr. Jeff Smith, Ohio EPA SWDO, Dayton, Ohio, for any applicable state ARARs.Any state ARARs identified in a timely manner will be complied with to the extent practicable.

All hazardous substances, pollutants or contaminants removed off-site pursuant to this removalaction for treatment, storage and disposal shall be treated, stored, or disposed of at a facility incompliance, as determined by U.S. EPA, with the U.S. EPA Off-site Rule, 40 CFR 300.440.

VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYEDOR NOT TAKEN

Continued release of lead into the environment will result if no action or delayed action ensues atthe Site.

VII. OUTSTANDING POLICY ISSUES

None

VIII. ENFORCEMENT

For administrative purposes, information concerning the enforcement strategy for this Site iscontained in the Enforcement Confidential Addendum.

The total EPA costs for this removal action based on full-cost accounting practices that will beeligible for cost recovery are estimated to be $151,488.'

($92,269 + $9,000) + (49.59% x $101,269) = $151,488

IX. RECOMMENDATION

This decision document represents the selected removal action for the Skinner Landfill Tri-ETechnologies Site located in West Chester, Butler County, Ohio. This document has beendeveloped in accordance with CERCLA as amended and is consistent with the NCP. Thisdecision is based on the Administrative Record for the Site (see Attachment 1). Conditions at theSite meet the NCP 40CFR§300.415 (b)(2) criteria for a time-critical removal action and Irecommend your approval of the proposed action. The total removal project ceiling, if approved,

Direct Costs include direct extramural costs and direct intramural costs. Indirect costs are calculated based on anestimated indirect cost rate expressed as a percentage of site-specific direct costs, consistent with the full cost accountingmethodology effective October 2, 2000. These estimates do not include pre-judgment interest, do not take into account otherenforcement costa, including Department of Juatice costs, and may be adjusted during the course of a removal action. The estimatesare for illustrative purposes only and their use is not intended to create any rights for responsible parties. Neither the lack of a totalcost estimate nor deviation of actual total costs from this estimate will affect the United States' right to cost recovery.

will be $101,269 of which $92,269 may be used for cleanup contractor costs. You may indicateyour decision by signing below.

APPROVE: \<*sJ** ^ DATE: «5~- 2 Z~ ODirector, Superfund Division

DISAPPROVE: DATE:Director, Superfund Division

Enforcement AddendumAttachments1. Administrative Record Index2. Skinner Landfill Site Diagram3. Skinner Landfill Groundwater Trench Locations4. Photos of Deteriorating Gaylords Adjacent to Groundwater Trench5. Independent Government Cost Estimate

cc: David Chung, U.S. EPA, 5104AMichael Chezik, U.S. Department of the Interior, w/o Enf. AddendumChris Korleski, Director, Ohio EPA, w/o Enf. AddendumMarc Dann, Ohio Attorney General, w/o Enf. Addendum

BCC PAGE

(REDACTED 1 PAGE)

NOT RELEVANT TO THE SELECTION OF THE REMOVAL ACTION

10

ENFORCEMENT CONFIDENTIAL ADDENDUM

SKINNER LANDFILL TRI-E TECHNOLOGIES SITEWEST CHESTER, BUTLER COUNTY, OHIO

MAY 2008

(REDACTED 2 PAGES)

ENFORCEMENT CONFIDENTIALNOT SUBJECT TO DISCOVERY

ATTACHMENT 1

U.S. ENVIRONMENTAL PROTECTION AGENCYREMOVAL ACTION

ADMINISTRATIVE RECORDFOR

SKINNER LANDFILL TRI-E TECHNOLOGIES SITEWEST CHESTER, OHIO

ORIGINALMAY 15, 2008

NO.

1

DATE

02/04/08

02/14/08

AUTHOR

Smith, J.,Ohio EPA

U.S.BankruptcyCourt

RECIPIENT

Grinstead, J.,Tri-ETechnologies

Smith, J.,Ohio EPA

TITLE/DESCRIPTION

Notice of Violation forUn-permitted Storage ofHazardous Waste on theSkinner Property

Notice of Bankruptcyto J. Grinstead

PAGES

02/19/08

03/10/08

05/02/08

05/06/08

00/00/00

Smith, J.,Ohio EPA

Clouse, K.,Ohio EPA

Clayton, K.,U.S. EPA

Smith, T.,WestonSolutions,Inc.

Clayton, K.,U.S. EPA

Skinner, R.,SkinnerDemo

Durno, M.,U.S. EPA

Smith, J.,Ohio EPA

Clayton, K.,U.S. EPA

El-Zein, J.,U.S. EPA

Re: Containers of CrushedComputer Glass from Tri-State Computers FoundStored on the SkinnerProperty

Letter re: Ohio EPA'sRequest for U.S. EPAAssistance with RemovalActions at the SkinnerLandfill Tri-E TechnologiesSite

Letter re: U.S. EPA'sRequest that Ohio EPAIdentify any State ARARsfor the Skinner LandfillTri-E Technologies Site

Re: Site Assessment Reportfrom March 2008 for thethe Skinner Landfill Tri-ETechnologies Site

Action Memorandum: Re-quest for a Time CriticalRemoval Action at theSkinner Landfill Tri-ETechnologies Site(PENDING)

ATTACHMENT 2SKINNER LANDFILL SITE DIAGRAM

l.li(JI-NI)• Sclculixl well

;\s rctV-irccI In in; I. 5 ^)(iR LANDPII.

WI-S'I'( .. Jfll-R.OIIK)

15

ATTACHMENT 3SKINNER LANDFILL GROUNDWATER TRENCH LOCATION

T INTERCEPTOR Di

TILITY SHEDOBSERVATIONWELL 3A

INSPECTIOMANHOLE

SAMPLINGVAULT BOX

OBSERVATIONWELL 3B

GW-30667.47

"GW-66680.96

OBSERVATIONELL 3C

P-3R664.29^FORCE /MAIN

EXTRACTIONWELL #2

VACUUM AIRRELEASE

16

ATTACHMENT 4PHOTOS OF DETERIORATING GAYLORDADJACENT TO GROUNDWATER TRENCH

17

ATTACHMENT 5

INDEPENDENT GOVERNMENT COST ESTIMATESKINNER LANDFILL TRI-E TECHNOLOGIES SITE

WEST CHESTER, BUTLER COUNTY, OHIO

MAY 2008

NOT RELEVANT TO THE SELECTION OF THE REMOVAL ACTION

(REDACTED 1 PAGE)

18

.CO OCO

0m ">vu 0

<

LU

0

nxLJl

0

0

O

CO =

CO

§>CO

CO "~ 0)E

Ioin to oc O !cO m O

(0

O)

O

OJ(0£O)fe5?s

o co^ Ef 8

CO0}

CN

IO