EPA v. ALLIED CHEMICAL & IRONTON COKE ADMIN ORDER ON CONSENT (CERCLA)

Case summary

THE SITE IS LOCATED IN IRONTON, OHIO, AND IS BORDERED BY THE OHIO RIVER. THE 425-ACRE SITE INCLUDES THE GOLDCAMP DISPOSAL AREA (GDA, OPERABLE UNIT 1), A FORMER COKE PLANT WHICH OPERATED FROM 1920 TO 1982, FIVE LAGOONS WHICH RECEIVED PROCESS WASTEWATER AND HAZARDOUS SOLID WASTE FROM THE COKE PLANT (COKE PLANT/LAGOON AREA, CPLA, OPERABLE UNIT 2), AND A TAR PLANT (OPERABLE UNIT 3). IN APRIL, 1984, AN ADMINISTRATIVE ORDER ON CONSENT (AOC) WAS SIGNED BETWEEN ALLIEDSIGNAL (NOW KNOWN AS HONEYWELL), EPA, AND THE OHIO ENVIRONMENTAL PROTECTION AGENCY (OEPA) TO INVESTIGATE AND DETERMINE THE SITE REMEDY FOR GDA, CPLA, AND THE TAR PLANT. THE INVESTIGATION SHOWED THAT THE 4-ACRE AND 45-FOOT DEPTH GDA AND ITS GROUNDWATER CONTAINED TAR PLANT RESIDUE WASTE (COAL TARS, SEMI-VOLATILE ORGANICS, VOLATILE ORGANICS, AND METALS). AN INDUSTRIAL FACILITY NEAR GDA WAS PROVIDED WITH AN ALTERNATIVE DRINKING WATER SUPPLY . IN SEPTEMBER, 1988, A CLEANUP DECISION WAS FINALIZED FOR THE GDA THAT CALLED FOR A SLURRY WALL, CAP, AND GROUNDWATER PUMP AND TREAT SYSTEM. A UNILATERAL ADMINISTRATIVE ORDER (UAO) WAS ISSUED TO ALLIED SIGNAL IN MARCH 1989 FOR DESIGN AND CONTRUCTION OF THE GDA REMEDY. CONSTRUCTION WAS COMPLETED IN SEPTEMBER, 1995. THE CPLA INVESTIGATION WAS COMPLETED IN SEPTEMBER, 1990 AND DETERMINED THAT THE SITE, LAGOON AREA, AND GROUNDWATER IS CONTAMINATED WITH SEMI-VOLATILE ORGANICS, VOLATILE ORGANICS, METALS, AND CYANIDE. THE CPLA ROD WAS SIGNED IN DECEMBER, 1990 (AMENDED IN JULY, 1995), WHICH CALLED FOR COKE PLANT DEMOLITION, OFF-SITE DISPOSAL OF LOW LEVEL CONTAMINATED SOIL, BIOREMEDIATION OF THE LAGOON AREA WITH SUBSEQUENT WETLAND DEVELOPMENT, INCINERATION OF ONE LAGOON AND GROUNDWATER PUMP AND TREATMENT. A SECOND UAO WAS ISSUED IN JULY, 1991, FOR DESIGN AND CONSTRUCTION. DEMOLITION OF THE COKE PLANT IS COMPLETED AND OVER 100,000 CUBIC YARDS OF SOIL OR COAL HAS BEEN EXCAVATED FOR DISPOSAL OR RECYCLING. THE GROUNDWATER PUMP AND TREATMENT BEGAN IN APRIL, 1997. A SECOND ROD AMENDMENT WAS SIGNED IN JULY 1997 WHICH CHANGED THE REMEDY FROM BIOREMEDIATION TO OFF-SITE DISPOSAL OF 40,000 CUBIC YARDS OF MATERIAL. THIS CHANGE WAS DUE TO LOWER THAN EXPECTED CONTAMINATION IN THE SOIL. BY EARLY 1998, OFF-SITE DISPOSAL WAS COMPLETED. A THIRD ROD AMENDMENT WAS SIGNED IN SEPTEMBER, 1998, AND INCLUDED TWO CHANGES TO THE CLEANUP IN THE LAGOON AREA. THE FIRST CHANGE REPLACED THE INCINERATION WITH RECYCLING, TREATMENT, AND/OR DISPOSAL OF SOFT TAR IN AN APPROVED OFF-SITE HAZARDOUS WASTE FACILITY AND USE OF THE REMAINING MATERIAL IN THE LAGOON AS AN OFF-SITE ALTERNATIVE FUEL. THE SECOND CHANGE INVOLVES THE TREATMENT OF 457,000 CUBIC YARDS OF MATERIAL BY IN-SITU BIOREMEDIATION. THE IN-SITU BIOREMEDIATION WAS CHANGED TO HOT SPOT EXCAVATION AND TREATMENT CONSISTENT WITH THE PREVIOUS CHANGE AND SUBSEQUENT WETLAND DEVELOPMENT IN THE LAGOON AREA. WORK BEGAN IN OCTOBER 1998, AND CONSTRUCTION WAS COMPLETED IN DECEMBER 2001. THE TAR PLANT, OPERABLE UNIT 3 (OU3), IS CURRENTLY UNDERGOING DEMOLITION AND DECONTAMINATION. REMEDIATION WORK ON THE TAR PLANT COULD NOT COMMENCE PRIOR TO THIS TIME BECAUSE IT HAS BEEN AN OPERATING FACILITY. HONEYWELL DETERMINED THAT IT WOULD STOP OPERATIONS IN DECEMBER 2000 AND COMMENCE THE REQUIRED DEMOLITION AND DECONTAMINATION WORK PURSUANT TO OHIO EPA�S CESSATION OF REGULATED OPERATIONS (CHAPTER 3752 OF THE OHIO REVISED CODE AND CHAPTER 3745-352 OF THE OHIO ADMINISTRATIVE CODE). THE RI/FS FOR THE TAR PLANT (OU3) WILL BEGIN IN THE SUMMER OF 2003.

Defendants (1)

• HONEYWELL INTERNATIONAL, INC.Named in settlement

Facilities (1)

• ALLIED CHEMICAL & IRONTON COKE

  3330 SOUTH 3RD STREET, IRONTON, OH, 45638-2864

  Registry ID: 110000395199

Statutes cited

• CERCLA 122A — Agreement to Perform Work Under 104B
• CERCLA 122D3 — Violation of Existing AO or CD
• CERCLA 104E5 — Violation of 104(e) Compliance Order

Enforcement conclusions (1)

• ALLIED CHEMICAL & IRONTON COKE AOCentered 2003-08-22

  Primary law: CERCLA

Timeline (2 milestones)

• 2003-08-22Final Order Issued
• 2003-09-11Enforcement Action Data Entered