in the matteh of diamond shamrock chemicals …
TRANSCRIPT
IN THE MATTEH OFDIAMOND SHAMROCK CHEMICALSCOMPANY
STATE OF NEW JERSEYDEPARTMENT Of ENVIRONMCNTAL PROTECTION
ROBERT E, HUCHEY.COMM1SSK>NEKCN«J
TRENTON, NJ. SM1J*O»-1»J. JMS
ADMINISTRATIVECONSENT ORDER
The following FINDINGS are made and ORDER is issuedpursuant to the authority vested in the Commissioner of theNew Jersey Department of Environmental Protection(hereinafter "the Department") by Executive, Orders No. 40 and40 D, signed, by Governor Thomas H. Kean on June 2, 19E3 andOctober 12. 1983. respectively; N.J.S.A. App. A:9-45;H.J.S.A. 13:ID-1 et seq.; the Solid Waste Management Act,N.J.S.A. 13:1E-1 et seq., the Water Pollution Control Act,N.J.S.A. 58:!OA-1 et seq., and the Spill Compensation andControl Act. H.J.S.A. 58:10-23.11 et seq.,
FINDINGS
1. On March 13, 1984, the "Jepartnsent and the DiamondShamrock Cheaicals Company (hereinafter "the Company")executed an Administrative Consent Order with respect"tothe identification and cleanup, by the Company, ofdioxin acd other chemicals at 80 Lister Avenue in theCity of Newark. New Jersey, which Administrative ConsentOrder (hereinafter "ACO I") is hereby incorporated byreferer.qe and made a part hereof, as if set forth atlength herein.
2. Since the execution of ACO I, the Department, inconsultation with the United States EnvironmentalProtection Agency/ has determined that additionalremedial action is required at certain specific sites inthe City of Newark.
3. In order to identify the specific sites requiringremediation, to determine the extent thereof and toidentify the order in which this' work should beundertaken, the Department, in consultation with theUnited States Environmental Protection Agency and theCompany, has prepared a Scope of Work for the Newark
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area (hereinafterhereto as Exhibit A.
'Scope of Korh") which is attached
4. The Coir.nany has agreed to ir:r»le»ent, subject to thosupervision and approval of the Department, this Scopeof Work. Therefore, based on the information availableto the parties on the effective date hereof, and withoutadmission by the Company of any liability or of anyissues of fact or law, the Department and the Companyhave agreed to execute this Order.
ORDER
NOW, THEREFORE, IT IS HEREBY ORDERED AMD AGREED THAT:
5. The Company shall implement, entirely at its ownexpense, the Scope of Work. Unless otherwisespecifically provided herein, or unless additional timeis approved, in writing, by the Department, allactivities required by the Scope of Work shall becompleted within one hundred eighty (180) days of thefinal approval, by the Department, of the work plan. Onor before December 31, 1984. the Company shall subnit tothe Department, for its review and approval, a work plan•detailing the proposed method and time schedule forimplementing the Scope of Work. The Department shallreview the work plan and transa : its comments thereonto the Company on or before January 4, 1985. Withinfifteen (15) days of the receipt of the Department'scomments on the work plan, the Company shall modify theplan as necessary to conforo with said comments andsubmit the modified plan to the Department. Afterreceiving the Department's approval of the modified workplan, the Company shall inplement that plan inaccordance with the various deadlines contained therein.
The Company shall address the alternatives for theremoval or containment, at the Company's expense, of allmaterials stored at 120 Lister Avenue pursuant to theScope of Work as part of the feasibility study to beconducted pursuant to paragraph 9 of AGO I. Theremedial action plan prepared pursuant to paragraph 10of ACO I shall also address the removal or containmentof such materials. Subsequent to the Department'sapproval of that remedial action plan, the Company shallimplement the additional portion of the approved planapplicable to the removal or containment of suchmaterials.
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Within five (5) days of the effective date of thisOrcer, the Coir.pany shall appoint a Facility Coordinatorwho shall be responsible for overseeing theimplementation of this Order and the activities racuiredherein, subject to the supervision and approval of theDepartnent.
The Company shall make its best efforts to provide thatthe insurance coverage detailed in paragraph 15 of ACOI, including the coverage of the State of "sv Jersey asan additional insured, is applicable to the completeimplementation of the provisions of this Order. To theextent that the Company is enable to provide that suchcoverage so extends to the provisions of this Order, theCompany shall indemnify the State to the sane extentthat said coverage would have provided the State as anadditional insured. -
Within thirty (30) days of the effective date of thisOrder, the Company shall increase the--irrevocable letterof credit required by paragraph 16 of ACO I by theamount of $4 Billion to secure performance of allobligations under this Order. The provisions ofparagraph 16 of ACO I shall continue in full force andeffect with respect to this increased, amount.
Within thirty (30) days of tJse effective date of thisOrder, the Company shall issue a certified check to theSpill Compensation Fund in trie amount of $200,000.0 •,and a certified check to the D«par±nent, or to the SpillCompensation Fund, as directed! by the Department, in theamount of 5125,000.00. Payaeat of the sun to the SpillCompensation Fund shall represent reimbursement of thatFund and full satisfaction for all amounts paid therebyas of the effective date of this Order as a result ofthe Department's investigation arvd reEediation of dioxinand other chemicals iri the Sewaxk area; payment of thesecond sxcn to the Departcent, or the Spill CompensationFund, shall represent reijcburseaent and foilsatisfaction for all expenses otherwise incurred by theDepartment as of the effective date of this Order in itsinvestigation and remediation of dioxin and otherchemicals in the Newark area. Nothieg herein shall beconstrued to prohibit the Spill Compensation Fund frcnpresenting the Company with any clain or action forreimbursement for expenditures incurred after theeffective date of this Order.
Within one hundred eighty (180) days of theeffective date of this Order, the Cocpany shall issue acertified check to the Departirent, or to the SpillCompensation Fund, as directed by the Department, ir. an
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amount not to exceed $175,000.00, which suro shall coverexpenses incurred by the Department in monitoring theimplementation of this Order in the 180 days followingthe effective date hereof. Prior to the issuance ofthis check, the Department shall provide the Corpanyvith an itemized accounting of all expenses incurred upto $175,000.00. Of this amount, a sum not to exceed$50,000.00 shall be utilized tc cover sampling andanalytical costs incurred by the Department inmonitoring the implementation of this Order during that180 day period, and a sum not to exceed $125,000.00shall b"e utilized to cover other costs incurred for suchpurpose during that period. Nothing herein shall beconstrued to prohibit the Departnent from presenting theCompany with any claim for reimbursement for expensesincurred in monitoring the implementation of this Ordersubsequent to such 180 day period.
10. If any event occurs which purportedly causes or ir.aycause delays in the achievement .of any deadlinecontained in this Administrative 'Consent Order, theCompany shall notify the Departnent in writing withinten (10) days of the delay or anticipated delay, asappropriate, describing the anticipated length, precisecause or causes, measures taken or to be taken and thetime required to minimize the delay. The Company shalladopt all necessary measures to prevent or minimizedelay.
11. If any delay or anticipated delay has been or will becaused by fire, flood, riot, strike or~ othercircumstances alleged to be beyond the control of theCompany, then the time for performance hereunder may beextended by the Department for a period no longer thanthe delay resulting from such circumstances, or 15 dayswhichever is shorter, provided that the Department maygrant additional extensions for good cause. If theevents causing such delay are not found to be beyond thecontrol of the Company, failure to comply with theprovisions of this Administrative Consent Order shallconstitute a breach of the Order's requirements. Theburden of proving that any delay is caused by
. circumstances beyond the Company's control and the•'•' length of such delay attributable to those circuastances
shall rest with the Company. Increases in the costs orexpenses incurred in fulfilling the requirementscontained herein shall not be a basis for an extensionof time. Similarly, delay in completing an interimrequirement shall not automatically justify or excusedelay in the attainment of subsequent requirements.
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12. No obligations Isrposed by this Order ar6 intended toconstitute ar. obligation which could be limited ordischarged is a bankruptcy proceeding. All obligationsimposed by this Order shall constitute continuingregulatory obligations irsposed pursuant to the policepowers of the State of New Jersey, intended to protectthe public health, safety and welfare.
13. The previsions of this Order shall be binding upon theCompany a.r.d its independent agents, successors, assicrns,and any trsstee in bankruptcy or receiver appointedpursuant to a proceeding in lav or equity.
14. This Order shall take effect upon the signature of theCompany, the Administrator of the Spill Fund, and theCoinnissioeer.
RESERVATION OF RIGHTS
This AdasiaiStrative Consent Order shall be fullyenforceable in «•*•*» Sew Jersey Superior Court upon the filingof a summary action for compliance pursuant to ExecutiveOrder No. 40 C1933), signed by Governor Thonas H. Kean onJune 2, 1933; Executive Order No. 4CD (1983), signed byGovernor Thcatas H. Keas on October 12, 1983; N.J.S.A. App.As9-45; R.J.S.A. 13:1D-1 et sec., the Solid Haste ManagerentAct, N.J.S.A. 13ilE-l et seg., the Water Pollution ControlAct, N.J.S.A. 5S 1CA—1 et sea., and -the Spill Compensationand Control Aet. S.J-S.A. 58:10-23.11 et sea.. This ConsentOrder may be enforced in the saase master as an AdministrativeOrder issued by the Department pursuant to these sasestatutory authorities and shall not preclude the Departmentfrom taking viatever action it deems appropriate to enforcethe environmental protection lavs of the State of Nev Jerseyin any manner cot inconsistent vith the terns of this Order;provided, however, that; -upon the Company's satisfactorycompliance with the provisions of this Order, including thecomplete perforatasce of the Scope of Work vith respect to 12014-ster Avarice, the Departaaent shall not require the Coapanyto undertake additional remedial vork at 120 Lister Avenuevith respect to *•*» presence, as actually known to theDepartnent as of the effective date of this Order, of dioxin(2,3,7,8 - TOD) , or other chemicals, or the chemicals listedin Appendix 3; asd provided further, however, that upon theCompany's satisfactory compliance vith the provisions of thisOrder, including the cccplete performance of the Scope ofVork vith respect to each other individual site listedtherein, the Departnent shall not require the Company toundertake additional reraedial vork at any such site vheresuch ccepliaace and performance has occurred, vith respect tothe presence, as actually knovn to the Department as of the
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Brady Iron and Metal Inc.
Date:_
Date:
Date:
Date:
Date:,
Date:
Date:_
Date:
Date:_
Date:_
Date:
Date:
Date:
Date:
By: ______________Jai=es Brady, President
Witness:__________Corporate Secretary
Conrail
By:
Witness :_________Corporate Secretary
City of Newark
By:______''- '•Witness; ________Corporation Counsel
Shervin Williams
By:_____________
Witness :__________,____^__Corporate Secretary
Bildenann Industries, Inc.
By:_______I___________Witness:
Newark Boxboard, Inc.
By:________________
Witness :________Corporate SecretaryBug Holdings
By:_____________
Witness:_________Corporate Secretary
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Appendix A
SCOPE OF WORK
The following scope of work describes remedialactivities which will be undertaken by .the -Diamond ShamrockChemicals Company (hereinafter "the Company") for the purposeof removing 2, 3, 7, 8 - TCDD (hereinafter "dioxin"), otherchemicals and the chemicals listed in Appendix B from 120Lister Avenue in the City of Newark, New Jersey and dioxinand the chemicals listed in Appendix B from the followingsites in the City of Newark, New Jersey:
1) $rady Iron and Metal, Inc.55— 59 Lockwood Street;
2) CONRAIL;
3) Hildemann Industries;-T4
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4) Morris Canal;
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5) Parkway Medians;
(6) Newark Boxboard; and
(7) Those sites listed in VII, paragraph 2.0.
For the purposes of this remedial action, dioxinconcentrations of 1.0 part per billion (ppb) shall beconsidered as the action level except that on certainindustrial properties, residual dioxin levels not to exceed 7ppb may be approved on a case by case basis by theDepartment. Unless otherwise expressly provided herein,"acceptable levels of dioxin" means levels <1.0 ppb.
For the purposes of this Order, "other chemicals" shallbe defined as the Crrited States Environmental ProtectionAgency's 129 priority pollutants "plus 40" (See Part t ofAppendix A to AGO I).
The worfc plan required by paragraph 5 of this Ordershall provide for the following:
Evaluation of existing interim site stabilizationmeasures and implementation of additional interim sitestabilization measures, if necessary. .
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Public health protection plan.
Worker health protection plan.
Safety and industrial hygiene plan.
Site security plan.
Compliance plan. New Jersey "Worker and Community Rightto Know Act.1*
Emergency (fire, evacuation, first aid, medical) actionplan.
Runoff and contaminated water storage, treatment anddisposal plan.
Plan for the prevention of the spread or recontaminationof the area via vehicles, personnel, etc.
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Procedures for sampling, identification, and handlingprotocol.
Analytical procedures.
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Quality assurance and quality control plan.
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The above listed plans and procedures shall conform withthose previously developed for 80 Lister Avenue and
subsequently approved by the Department as required by AGO,I.
I* 120 Lister Avenue
The purpose of this phase of the work is to assure that120 Lister Avenue is available and prepared to receive thecontainers of spoils originating off-site.
The work required to prepare 120 T,is£er Avenue consistsof the following:
1.0 Each vehicle, tanker or piece of equipment from theunpaved portion of 120 Lister Avenue will be vacuumed toremove the gross dust using a vacuum truck equipped witha HEPA filter. Following vacuuming, the vehicle, tankeror piece of equipment will be washed with high pressureamended water. Collected dust, will be consideredcontaminated, placed in containers and stored on site.Spent water will be accumulated, stored, sampled anddischarged following treatment as directed by theDepartment.
2.0 Following the final wash, each vehicle, tanker, or pieceof equipment from the unpaved portion of 120 Lister
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Avenue will be wipe sampled at two points, one each from
the top and undercarriage or bottom. The wipe samples
from the first two items receiving treatment, will beanalyzed for dioxin. One sasple taken from a point to
be selected by the Department froa each of the next twoitems treated will be analyzed for dioxin. If all
2samples result in acceptable ( rlOng/cm ) residual dioxinlevels, the balance of the iteas vill be considered tohave been sufficiently decontaminated without furtherdioxin analysis.
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procedures, the vehicles, tankers, and equipment vill beremoved from the site. A polyethylene and geotextile"road1' will be laid to provide access for the removal ofthe vehicles.
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2.2 The box trailer containing druas of materials will beunloaded. The drums will be vacuumed, washed and stagedfor disposal prior to decontaminating the trailer.Samples of the contents of the drums will be collectedand analyzed for the purpose of waste classification andsubsequent disposal.
2.3 Those ""trailers which have deteriorated to the pointwhere they are no longer road worthy may be renoved as
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scrap metal. This removal operation without
post-sampling is subject to the effectiveness of thedecontamination procedures with post-sampling .as
indicated in paragraph 2.0.
2.4 All equipment and material located on the paved portionof 120 Lister Avenue will be studied by selecting twenty(20) pieces of equipment and collecting ten wipesamples. The Department will select the twenty (20)pieces of equipment. Each wipe sample will consist of acomposite of two pieces of equipmentr If analytical
2results show acceptable (<1Q ng/cm ) residual dioxinlevels, all equipment may be presumed clean for removal.If unacceptable (>10 ng/cm ) residual dioxin levels aredetected, decontamination will be conducted as describedin paragraph 1 above prior to the removal.
3.0 Conduct a comprehensive site evaluation to determine thelevels of dioxin, other chemicals and the chemicalslisted -in Appendix B. The dioxin analysis portion of
* this evaluation shall be completed and sent to theDepartment by February 15, 1985; the remainder of suchevaluation shall be completed and sent to the Departmentby Hay 1, 1985. The comprehensive site evaluation shallinclude the following: ' •
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3.1 Determine dioxin levels by conducting appropriate tests
oh all interior and exterior surfaces of all buildingslocated on 120 Lister Avenue. Four (4) compositesamples shall be taken each representing two samples
taken from adjacent exterior and interior walls. Twosamples one each for the floor and exterior surface ofthe roof will be taken. All saaples will be analyzedfor dioxin. If residual dioxin levels (>7ppb) aredetected the building(s) on the east boundary of theproperty will be demolished leaving only the foundationand floor slab, using appropriate oethodology, including
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amended water sprays to eliminate fugitive dustmigration. The rubble will be crushed and used as fillon 120 Lister Avenue if masonry Or removed to thewarehouse west of the hotline to be disposed of as part
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of the 80 Lister Avenue remediation. The demolition of
the buildijag(s) may not begin until written direction isprovided by tie Department.
3.2 Soil Testing
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Initial soil samples of all exposed soil surfaces shallbe taken to a depth of 24 inches at the nodes of a 50 x50 foot grid. Specifically, discrete samples will betaken"~at 0-6", 6"-12" and 12" to 24". Samples will becollected at each node. Fifty percent (502) of these
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samples will be analyzed for dioxin, and 33 1/3% of thesamples analyzed for dioxin shall also be analyzed for
other chemicals and the chemicals listed in Appendix B.
The selection of the samples for analysis will bedetermined by the Department. At three of the nodes forthe analyses of other chemicals and the chemicals listedin Appendix B, borings to the depth of the Meadow Matwill be performed. Samples at 2 foot intervals startingat 2 feet below existing grade and extending to theMeadow Mat will be taken and analyzed for dioxin, otherchemicals and the chemicals listed -in, Appendix .B. Inaddition, biased samples shall be taken to depths and atlocations determined by the Department. Based upon theanalyses of these samples, a determination shall bemade, subject to the approval of the Department,regarding the need to conduct further sampling andanalysis. The existing "hot spot" will be excavated asdirected by the Department prior to initiation of thesoil testing program.
Ground Water
Three ground water monitoring wells shall be installedand samples collected to determine levels of dioxin,other~chemicals, and the chemicals listed in Appendix Bin the ground water. Locations and depths of monitoring
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wells shall be subject to the approval of the
Department. If feasible, these ground water monitoringwells will coincide with the location of the soil
borings as required by paragraph 3.2. All wells shall
be constructed as directed by the Department. Basedupon the analyses of these samples, a determinationshall be made, subject to the approval of theDepartment, regarding the need to conduct furthersampling and analysis. Ground water flow volumes anddirections as a function of depth shall be determinedusing wells drilled for this purpose.- r
3.4 Underground Pipes
All below grade sanitary and storm water conveyancesystems shall be identified from point of origination topoint of off-site discharge. To the extent possible,all below grade piping shall be identified from point oforigination to point of termination. To the extentpossible, all below grade conveyance systems and piping
* shall be sampled. The samples shall be analyzed fordioxin, other chemicals and the chemicals listed inAppendix B. Based upon the analysis of these samples, adetermination shall be made, subject to the approval ofthe Department, regarding the need to conduct furthersampling and subsequent remedial action.
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3.5 Air Monitoring
An ambient air monitoring program in addition topersonal monitoring shall be established subject to the
approval of the Department to collect data for dioxinduring any site remediation and preparation work.
3.6 Geotechnical Investigation
AlJ. information previously gathered concerning thecharacteristics of the soil underlying the . site,
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including determination of soil types, depth of soillayers, and soil structure will be provided to theDepartment.
A review of geotechnical information concerning the sitewas conducted to determine the need and specificationsfor structural fill in the area where the sealedcontainers will be stored. The results of this review
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will be "forwarded to the Department with the dioxin siteevaluation report.
4.0 Conduct such soil excavation and other remedial work asmay be required to insure that the levels of dioxinregaining onsite do not exceed 7 ppb,. and the levels ofother chemicals or the chemicals listed in Appendix B do
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not constitute a significant risk to public health or
the environment. The determination as to what levels ofother chemicals or the chemicals listed in Appendix B
constitute a significant risk to public health or theenvironment shall be nade solely by the Department.
Subsequent to the completion of soil excavation andother remedial work onsite, the Company shall install asuitable cap on the site, as approved by the Department,and shall implement land use controls and a monitoringand maintenance program as provided- in paragraphs 6.0
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and 7.0 of III hereof.
$.0 Site Preparation
On or before April 1, 1985, the Company shall completeall activities necessary to prepare the site to receivethe containers of all offsite spoils covered by thisScope of Work.
; v6.0 All sampling, analysis and remedial work which remains
incomplete subsequent to the preparation of the sitepursuant to paragraph 5.0 above shall be completed,subject td the review and approval of the Department,following the removal or containment of the spoilspursuant to paragraph 5 of this Order.
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II. BRADY IRON AND METAL/J-50RRIS CANAL;
CONTAINERIZATION AND REMOVAL OF METALS
This work involves the removal, temporary stagingand transportation of the metals and other material in sealedcontainers from the Brady Iron and Metals site and the MorrisCanal to the previously prepared area of 120 Lister Avenue onor before April 15, 1985. The material to be removedincludes the quonset hut, office building, trailer,billboard, fence, scrap metal and miscellaneous materials aslisted in the "Brady Metals Site Inventory" attached.
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The work required to remove the metals from the BradySite consists of the following:
1.0 Collect all scrap metal on the site, place the scrapinto sealed containers and transport to 120 ListerAvenue,
2.0 Collect •'all miscellaneous materials listed in the "BradyMetals Site Inventory", place into sealed containers andtransport to 120 Lister Avenue.
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3.0 The guonset hut, office building and storage trailerwill Tie cleaned of gross contamination by vacuumingusing a vacuum truck connected to a HEPA filter. Dust
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collected will be considered contaminated and will be
placed into sealed containers for transport to 120Lister Avenue.
4.0 The quonset hut and storage trailer will be removed bycutting both into sections that will fit into a sealedcontainer, which will be transported to 120 ListerAvenue. The office building will be demolished, placedin sealed containers, and transported to "120 ListerAvenue. During demolition of the buildings, amendedwater sprays will be used to reduce fugitive dust.
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5.0 The billboard will be dismantled using a crane locatedin a clean area, cut into sections, placed in sealedcontainers, and transported to 120 Lister Avenue.
6.0 Sections of the existing fence shall be removed asf • \
necessary to allow equipment access to the site. JjiSuch an event, the old fence will be disposed of in
- containers and transported to 120 Lister Avenue and newfence erected to maintain a fully secured site. Newfence sections will have geotextile fabric to reducefugitive dust migration.
7.0 The feasibility of decontaminating the crane located onthe Brady site will be investigated. If decontamination
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is economically feasible, the crane will bedecontaminated, and sampled to demonstrate the success
of the decontamination.
8.0 Unless otherwise indicated by the department, allvehicles and equipment used to remove materials front theBrady site will be decontaminated and sampled todemonstrate the success of the decontamination prior tobeing removed from the site. Access for such removalshall be provided by a polyethylene and geotextile"road" which will then be placed in sealed containersand transported to 120 Lister Avenue.
9.0 The gunnite curb and the filter system located in thenorthwest corner of the site will remain intact untilthe affected soil is excavated. Operation andmaintenance of the filter system will be assumed by theCompany. Within two weeks of the execution of thisOrder, the Company shall conduct ah initial inspectionand perform such maintenance of the filter system as nay
- be required. The influent and effluent of this systemshall be sampled at the direction of the Department. Ifthe results of those samples indicate levels of dioxingreater than 0.1 ppb. the Company shall within five (5)days take the necessary measures -to eliminate thedischarge.
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III. BRADY IRON AND METALS, HILDEMANN INDUSTRIES, MORRIS
CANAL AND CONRAIL;
CONTAINERI2ATION OF CONTAMINATED SOIL
This work is to remove soil contaminated by unacceptablelevels of dioxin and the chemicals listed in Appendix B from/the areas identified below, on or before May 15, 1985, suchthat the levels of dioxin and the chemicals listed inAppendix B remaining on the sites following the removal donot constitute a significant risk to public health or theenvironment. The determination as to what levels of the
i':• '•Chemicals listed in Appendix B constitute a significant riskto public health or the environment shall be made solely bythe Department. The areas include segments 11, 12, 13, 14,15, 16 and 17 of the Conrail right-of-way, as well as theBrady property, Hildemann property and the Morris Canaloutside the Brady fence.
The work required to remove the contaminated soilconsists- of the following:
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1.0 Establish and maintain a clean area in which suitablesized sealed containers can be located without contactbetween the exterior surfaces of the container and theaffected soil.
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2.0 Prior to soil excavation as stated in paragraph 3.0below, borings will be taken ar eight (8): locations in
the areas of excavation listed in Table 1 as directed.bythe Department. These borings shall be conducted to adepth of five (5) feet and discrete samples taken at onefoot intervals at 12" to 24", 24" to 36" 3S" to 48" and
48" to 60" intervals. In addition, 12 biased samplesshall be taken to depths and to locations determined bythe Department. These sanples shall be analyzed fordioxin, other chemicals and the chemicals listed inAppendix B. Based upon the analysis of > all of the abovesanples, a determination will be made, subject to theapproval of the Department, regarding tihe need toconduct further sampling and analysis.
2.1 If analysis of the above samples indicates unacceptable
levels, as determined by the Department., of otterchemicals, excluding the chemicals listed ira appendix B,the Department nay delay soil excavation pendingconsideration of the necessity of the removal of smchother chemicals, which. if necessary, shall beundertaken at bo cost to the Company, and such delayshall not constitute a violation of amy provisionhereof.
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3.0 Excavate soil from the Brady site, Hildemann site and
the Morris Canal, load into sealed containers andtransport to 120 Lister Avenue as indicated in thefollowing table:
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TABLE 1 -•ESTIMATED DEPTHS AXD AREA
LOCATION OF AFFECTED SOIL
Morris Canal OutsideFence
Hildemann Property
Brady Metals Site WithinFence
AREA X DEPTH
<SF) (FT)
11,000 1-24.500 1-2
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7,000 1-2
18,000 1-212,000 1-2
VOLUME(CF)
11,000 - 22,000
9,000 + 18,000
7,000 - 14,000
18,000 - 36,00012,000 - 24,000
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This table indicates area(s) and depth(s) that are estimateswhich nay vary and final extent of area(s) and depth(s) to beexcavated will be as directed by the Department.
3.1 Excavation and Soil Testing
Excavation will proceed as follows:
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A back hoe with a 36" bucket, or other suitableequipment, will be used. Soil will be piled for removalby a front-end loader in the sealed container. As. a250-sq.ft area (50-ft. x 50-ft.) is excavated, the
corners of the area will be sampled for dioxin and thearea covered with geotechnical fabric. Excavation willproceed to adjacent areas. Amended water will besprayed on the ground to reduce fugitive dust migration.After the excavation of a SO1 x 50* foot square, thefour corners will be sampled to a depth of one (1) foot.
1 t'l T-Specifically, discrete samples will be taken from thetop 3" and bottom 3 inches composited and analyzed fordioxin.
3.2 Analysis will be performed on an expedited basis forTCDD. If the results of the analysis demonstrate theconcentration of TCDD atp the four corners of the$0-ft. x 50-ft. area are <jj, ppb, the area will be backfilled,-subject to the approval of the Department, asprovided in paragraph 2.1, with clean fill compacted in8" lifts and recovered with geotechnical fabric.
Excavation, analysis, and back fill will proceed•a.
continuously over the site with excavation to 1-ft. or2-ft. as indicated in Table 1 in paragraph 3.0
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If the analysis of any of the four corners of a50-ft. x 50-ft. area are > 1 ppb TCDD then the Companywill implement one of tfce following options?
The entire 50-ft. x 50-ft. segment may be excavatedan additional 1-ft. and the analysis repeated untilan acceptable TCCD level is established; or
Additional samples may be taken radially from thehigh sample to establish the perimeter of the highlevel and that reduced area - excavated. Afterexcavation, the same radial points will bere-sampled. If tine TCDD concentration is <1 ppb,the area will be back filled, as in 3.2 above.
3.3 After the site is excavated and back filled, asindicated above, the level of personnel protectionrequired will be reduced to "Level Dta based upon writtenapproval by the department. The site will be gradedusing standard civil construction methods to providecontrolled run-off and a 4" asphaltic paving materialwill be applied to the site.
All clean fill material introduced into the site will bepresampled for dioxin and other chemicals and the
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chemicals listed in Appendix B as directed by theDepartment.
3.4 Ground Water
Three ground water monitoring wells will be installedafter excavation and samples collected to determinelevels of dioxin, other chemicals and the chemicalslisted in Appendix B in the ground water. In addition,during the drilling of the wells, soil samples will betaken for the full depth of the ;:well at two footintervals. These soil samples will be analyzed fordioxin, other chemicals and the chemicals listed inAppendix B. The locations and depths of nonitoringwells shall be subject to the approval of theDepartment. All wells shall be constructed as directedby the Department.
3.5 Air Monitoring
An ambient air monitoring program in addition topersonal monitoring shall be established subject to theapproval of the Department to collect data for dioxinduring any site remediation and preparation work.
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3.6 Geotechnical Investigation
Boring logs indicating the characteristics of the soil
underlying the site, including determination of soiltypes, depth of soil layers, soil structures and soil
texture shall be provided to the Department uponcompletion of the borings .
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Ground water flow volumes and directions as a functionof depth shall be determined using wells drilled forthis purpose If appropriate,' -'the. ground watermonitoring wells mentioned in paragraph 3.4 above shallbe used for this purpose.
3.7 Within thirtv (3Q) days of completion of the samplingand anlaysis required by paragraphs 2.0, 3.1, 3.2, 3.3;3.4, 3.5 and 3.6 as determined by the Department, theCompany shall submit an action report detailing theresults of the site evaluation and remedial actionprogram -to tb,e Department for its review and approval.Within fifteen (15) days of receipt of the Department'scomments on the report, the Company shall nodify the
!report as necessary to conform with said consents andsubmit the modified report to the Department.
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3.8 If the sampling conducted under paragraph 3.2 indicatesunacceptable residual contamination, as determined by
the Department, of (1) dioxin (2) other chemicals or (3)the chemicals listed in Appendix B, subject to the
provisions of paragraph 3.9 and the approval of theDepartment, the following paragraphs shall apply.
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The area(s) will be covered with an impermeablemembrane. The membrane will be covered with a layer ofgeotechnical fabric. This fabric will then be coveredwith fill and the area filled to grade, with clean fillcompacted in 8" lifts. Absent any indication that theintegrity of the membrane has been breached, or that thefill has been otherwise contaminated, this fill Bay betreated, in the event of re-excavation asuncontaminated.
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3.9 If the approved site evaluation report indicatesunacceptable residual contamination of dioxin or thechemicals listed in Appendix B, the Company shall, (1)within 30 days of receiving the bepartment's finalapproval of the report, conduct such additional soilexcavation, as provided herein, as may be necessary toremove such contamination, or (2) within 6tf days ofreceiving the Department's final approval of the report,conduct and submit a feasibility study to the Department
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for public hearing and approval. The feasibility study
shall identify and evaluate all potentially viable
remedial action alternatives for the sites. !fhefeasibility study shall include a comparison of all suchalternatives as to environmental and public healthimpacts, degree of confidence in success, time requiredfor implementation and costs, including operation andmaintenance costs. The feasibility study shallrecommend the remedial action alternative deemed bestsuited to remove the dioxin and the chemicals listed inAppendix B from the site such that, the levels of dioxinor the levels of the chemicals listed in Appendix Bremaining on the site following the removal do notconstitute a significant risk to public health or theenvironment. The determination as to what levels ofdioxin or the chemicals listed in Appendix B constitutea significant risk to public health or the environmentshall be made solely by the Department. If thefeasibility study concludes/ and the Department agrees,that the removal of the dioxin and the chemicals listedin Appendix B is not practicable, the feasibility studyshall recommend the remedial action alternative deemedbest suited to contain the dioxin and the chemicalslisted in Appendix B on-site in such a manner that thepotential for public contact or migration into the
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environment is and will be eliminated to the maximumextent technically practicable.
All remedial action alternatives shall be subjected to
an initial screening to narrow the list of potential remedialaction alternatives for further detailed analysis. Thefollcviztg criteria shall be used in the initial screening ofalternatives: (1) environmental and pcblic health impacts,(2) engineering feasibility and reliability and (3) costinclcding operation and Maintenance costs. Subsequently, amore detailed evaluation shall be T»nducted of thealternatives that remain after the initial screening. Thedetailed analysis shall include:
a. A refinement and specification of each alternativein detail, with emphasis on use of establishedtechnology;
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b. An evaluation of each alternative in terns of=*• engineering implenentation including feasibility,
reliability, and construetability;
c. Ah assessment of each alternative in terms of theextent to which it is expected to effectively•ixtigate and minimize damage .to, and providemaximum protection of public health and welfare and
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the environment, relative to the other alternativesanalyzed;
d. An analysis of any adverse environmental impacts,
methods for mitigating these impacts and costs ofmitigation;
e. A detailed cost estimation of each alternativeincluding engineering costs, construction costs,operation and maintenance costs and distribution ofCosts over time; and ". ~ •
f. A time schedule for implementation of eachalternative.
4.0 Within forty-five (45) days after approval of a remedialaction alternative by the Department, the Company shallsubmit to the Department, for its review and approval, adetailed remedial action plan including a time scheduleand any* necessary engineering designs to implement theapproved alternative. Within twenty (20) days ofreceipt of the Department's comments on the remedialaction plan, the Company shall modify the plan <ksnecessary to conform with said comments and submit themodified remedial action plan to the Department. Afterreceiving the Department's final approval of the
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remedial action plan, the Company shall implement theplan in accordance with the approved time schedule.
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5.0 If the removal of the dioxin or the chemicals listed inAppendix B from the site is not practicable, the Companyshall implement permanent land use controls which willinsure that public access to the site or the disturbanceof the dioxin or the chemicals listed in Appendix Bcontained on the site will be prohibited to the Maximumextent practicable. After implementing the approvedremedial action alternative to contain the dioxin andthe chemicals listed in Appendix B on-site, the Companyshall implement, after receiving the Department'sapproval, a maintenance program to insure the integrityof the remedial action and a monitoring program todetect and measure any migration of dioxin or - thechemicals listed in Appendix B into the environment. Atany tine, the Company nay apply to the Department forapproval- to discontinue or modify either program. Thedeterni nation as to whether either program shall be
i discontinued or modified shall be made solely by theDepartment, based upon tine monitoring results andcurrent scientific information.
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6.Q If the" removal of the dioxin or the chemicals listed inAppendix B from the site is not practicable and the
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results of the monitoring and maintenance programs
undertaken pursuant to section 5.0 above indicate
migration of dioxin or the chemicals listed in AppendixB into the environment at levels which constitute asignificant risk to public health or the environment,the Company shall, within one hundred eighty (180) daysafter the discovery thereof, submit to the Department,for its review and approval, a remedial action planincluding a time schedule to prevent and correct saidmigration. After receiving the Department's approval ofsaid plan, the Company shall implement the plan inaccordance with the approved time schedule. Prior tothe preparation and implementation of such plan, theCompany, subject to the approval of the Department,shall take such interim measures as are necessary tocontrol or minimize said migration.
7.0 The railroad ballast and ties will be removed, loadedinto sealed containers, and transported to 120 ListerAvenue.* The railroad bed will be excavated to depths asindicated by the Department and shown in Table 2.
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TABLE 2 - ESTIMATED DEPTHS AND AREAS
AREA X
(SF)
DEPTH =
(FT)VOLUME
(CF)
CONRAIL R.O.W. Outside Brady
FenceFrom Brady Fence west throughSegment 11
Adjacent to Brady Metals FenceAdjacent to Brady Metals Fence
80,000 l'-2'
8,000 l«-2'6,000 l'-2»
80,000 - 160,000
8,000 - 16,000
6,000 - 12,000
Post sampling will be done to demonstrate that acceptablelevels of dioxin, other chemicals, and the chemicals listedin Appendix B have been achieved. Specifically, a tptal of30 samples will be collected along the segments for dioxinanalysis. Fifteen of these samples will be analyzed fordioxin, otheir chemicals, and the chemicals listed in AppendixB. The exact location of the samples will be determined bythe Department. Samples will be composite of the 0-3" and9-12" depth. The rails will, at the option of the Company,either be decontaminated on site with water/trisodiumphosphate solution, or placed into sealed containers andtransported to 120 Lister Avenue. Backfilling of the
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railroad will be with select structural fill compacted in 8"
lifts. The railroad will be relaid using new ties andballast and the decontaminated, new or reconditioned rails.
8.0 Remove fencing as necessary to permit equipment access.The removed fencing will be loaded into sealedcontainers and transported to 120 Lister Avenue. Newfencing with geotechnical fabric will be erected priorto excavation and backfilling in clean areas.
9.0 Storm sewer catch basins and lateral sewers will becleaned from Esther Street to Lookwood street. Allremoved material will be considered contaminated andwill be placed in containers and transported tc 120Lister Avenue,
IV. r- PARKWAY REMEDIAL AND SOIL REMOVAL ACTIVITIES
The purpose of this work is to:
i.O Define the extent of contanination along parkwaymedians.
2.0 Define the depth of put necessary to renove thecontamination.
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3.0 Remove the contaminated soil and/or broken covermaterial.
4.0 Resod the parkways, with possible alternates ofhydroseeding or hard surfacing.
The Company shall complete all parkway remedial and soilremoval activities on or before April 15, 1985, except asotherwise provided in paragraph 5.6 The Department hasidentified twelve areas, listed ia Appendix E, which requireremedial action. " . ~
5.0 In addition, there are 9 areas that require sampling todelineate the extent of action necessary. These are asfollows: Cornelia Street, Waydell/Foundry ctreet,Fairmont Cheaical, Intercity Steel, Ferry St. in frontof the N.J. Transit Facility, thef Conrail tracks east ofLockwood Street, Sherwih Williams rail spurs, heliport(Hug Holdings) and Conrail tracks running north-southfrom Lister Avenue to Euclid Avenue.
5.1 Perform the extent sampling identified by theDepartment. In the event that any of the samples showunacceptable levels of dioxin, or the chemicals listedin Appendix B, the Company shall submit a detailed workplan to remediate such levels to the Department for its
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review and approval. Within fifteen (15) days of
receiving the Department's comments on the work plan,the Company shall modify the work plan as necessary and
submit the work plan to the Department. Upon receipt ofthe Department's final approval of the work plan, theCompany shall implement the plan in accordance with theapproved time schedule.
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5.2 Prior to removal of medians, one sample each will betaken from four parkway median sites at a 6 inch depth.Each sample shall be collected for the depth of 6 to 8inches. These samples shall be analyzed for dioxin,other chemicals, and the chemicals listed in Appendix B.If the results of these samples indicate acceptablelevels of dioxin and the chemicals listed in Appendix B,the depth of the median excavation will be 6".
5.3 After determining the extent pf parkway to be excavatedand the depth of the excavation to be made, as providedin section 2.0 above, excavate the parkways, load intosealed containers and transport to 120 Lister Avenue.
5.4 The parkways will be excavated from the most remote sitefrom 120 Lister Avenue first to the closest sites last.
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5.5 Lockvood Street, Lister Avenue is the transport routingto be used.
5.6 Lockwood Street parkways will be removed last, following
the completion of the Brady Site action.
5.7 Excavated parkways will be raised to grade with topsoiland resodded.
5.8 There may be special cases where macadam or concretewill be used in lieu of topsoil and sod. The. basic-approach shall be to replace with like material.
V. - NEWAEK BOXBOARD
The work necessary to complete this phase of work is asfollows:
1.0 Take wipe samples from previously unsampled containerson siter
2.0 If dioxin contamination is found and decontamination isdeemed economically feasible, containers will bedecontaminated and post sampled to demonstrate successin accordance with paragraphs 1.0 and 2.0 of I herein.
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3.0 Provide notification to the owners of the equipment (SCA
and Erady) of the date when access will be available.
4.0 Lay a polyethylene and geotextile "road" onto the siteto provide access for the owners to remove theirmaterials.
5.0 Following removal of the equipment, excavate 6" of
. exposed soil, containerize the soil and transport to 120Lister Avenue. All existing foundations, walls andslabs both cement and asphalt will be vacuumed using aHEPA falter4
6.0 Perform post sampling at four locations, selected by thel epartaent, in the manner outlined in paragraph 2.0 oflit. to determine effectiveness of remedial action. If
^acceptable levels of dioxin are indicated by the postsampling, the site will be capped with 4" crushed stone,
7.0 If acceptable levels of dioxin and the chemicals listedin Appendix B are not indicated by the post sampling,perfora such additional excavation as directed by theDepartment, followed by post sampling to demonstratesuccess.
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7.1 An ambient air monitoring program in addition to
personal monitoring shall be established subject to theapproval of the Department to collect data for dioxin
during any site remediation and preparation work.
VI. - STORING CONTAINERS ON 120 LISTER AVENUE
This work involves receiving and stacking the containersat the previously prepared area of 120 Lister Avenue.This storage will be of an interim nature, therefore,the containers must be stored in such a-manner that theywill be easily retrievable.
The work required to store the containers will consistof:
1.0 Mobilize a crane on the 5.20 Lister Avenue to lift andstack the containers.
2.0 Remove -the containers from the transport vehicles andplace into stacks of three or fewer containers.
3.0 Prior to accepting a container for storage, make surethat the container is properly sealed and secure.
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4.0 Inventory and mark each container and file records in
accordance with interim RCRA regulations, 40 CFR Part775J and M.J.A.C. 7:26-1.1 et sea.
VII. MISCELLAXECCS
1.0 Expand the round-the-clock security service currentlyrequired at 80 Lister Avenue to patrol each locationaffected by this scope of work, until the completion ofwork, as approved by the Department, at each locaiton.
2.0 Perform or fund such additional soil excavation work toremove dioxin concentrations >lppb, or, subject to theapproval of the Department, to contain suchconcentrations, based upon the results of additionalsampling to be conducted in the Newark area by the U.S.
Environmental Protection Agency, the Department, or bythe Company. These areas are as follows: CorneliaStreet, Vaydell/Foundry Street, Fairmont Chemical,
intercity Steel, Ferry St. in front of the N.J. TransitAuthority Facility, and the Conrail Tracks east ofLockwood Street "Segment 9", Sherwin Williams railspurs, heliport (Hug Holdings) and Conrail tracksrunning north-south from Lister Avenue to Euclid Avenue,as well as those residential properties in the City of
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Newark, to be sampled by the U.S. EnvironmentalProtection Agency, in that area depicted in Appendix C.
3.0 Perform post-remedial surface street sampling, not toexceed 44 composite samples, to be taken in a manner andlocation to be determined by the Department.
4.0 Perform post-remedial street cleaning or washing in thea£ea covered by this Scope of Work, as follows:
Lister Avenue from Chapel Street tb Lockwood Street;Lockwood Street from Lister Avenue to Raymond BoulevardRaymond Boulevard from Lockwood Street to ChapelStreetPulaski Skyway offramp from Lockwood Street toRaymond Boulevard;Chapel Street from Raymond Boulevard to Lister Avenue;Albert Avenue from Chapel Street to Lockwood Street;Cornelia, Catherinet Joseph and Esther Streets fromListen Avenue to Euclid Avenue; and
Euclid Avenue from the Conrail tracks (Manufacturer'spranch) to Lockwood Street
(See Appendix O)
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