4* EPA
United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(5502G)
EPA 520-F-94-006
Winter 1994
Superfund At Work
Hazardous Waste Cleanup Efforts Nationwide
Bailey Waste Disposal
Site Description:
A former fishing camp converted to
hazardous waste site
Site Size: 10 acres on 280-acre
property
Primary Contaminants:
Volatile organic compounds,
aromafic and chlorinated hydrocar-
bons, and poiyeycUc aromatic
hydrocarbons
Potential Range of Health Risks:
Direct contact with contaminated
soil or sediments could Increase
risk of cancer
Nearby Population;
7,600 people within three miles
Ecological Concerns:
Contaminated wetland habitat tor
fish, shellfish, and estuarine animals
Year Listed on NPL: 1986
EPA Region: 6
State: Texas
Congressional District: 2
Trie rail is a slender marsh bird with long, unwebbed toes ideally adapted
for running through soft mud and dinging to reeds.
Success in Brief
Saltwater Marshland Preserved
on Texas Coast
The U.S. Environmental Protection Agency (EPA), the Texas Natural
Resource Conservation Commission (TNRCC), and 10 private compa-
nies have succeeded in suspending serious environmental damage at
the Bailey Waste Disposal Site. This one-time recreational fishing camp
in Orange County, Texas served as a dumping ground for local refin-
ery, industrial and municipal wastes throughout the 1960s. An esti-
mated $15.2 million will be needed to effectively consolidate and
entomb these wastes. Through EPA's Superfund program, the cleanup
will prevent the spread of hazardous petroleum compounds and heavy
metals into valuable wetlands leading to the Gulf of Mexico.
Major features of the effort included:
• a negotiated mixed funding arrangement whereby liable parties
agreed to conduct a substantial portion of the work;
• cost recovery of $300,000 for expenses EPA incurred for site
studies and analyses; and
• an opportunity for this under-appreciated ecosystem to recover
losses in habitat and estuarine populations.
EPA's Superfund program brought together the right mix of state officials
and private parties to address natural resource damages. Their cooperative
efforts have ensured the efficient remediation that is currently under way.
The Site Today
The Bailey Task Force began
stabilizing and solidifying wastes
in two channels on the site in
August 1992 with completion
expected by 1994. The solid
masses will then be covered with
layered clay and earthen caps.
The Remedial Project Man-
ager is supervising the work
under terms of a negotiated
settlement document called a
consent decree. EPA attorneys
continue to pursue non-partici-
pating waste contributors for
additional cleanup costs.
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Superfund At Work • Bailey Waste Disposal Site, Orange County, TX • Winter 1994
The Bailey Waste Disposal
Site is in the eastern coastal
marshlands of Texas where
fresh water turns brackish en
route to the Gulf of Mexico.
Converted from a recreational
fishing camp to a dump for
hazardous wastes, the site is
located three miles southwest
of Bridge City in Orange
County, Texas. The surround-
ing industrial area is called "the
golden triangle" and includes
parts of the towns of Port
Arthur, Beaumont and Orange.
The disposal area is near the
confluence of the Neches River
and Sabine Lake and lies within
the river's flood plain. Because
of the proximity to the coast,
the entire area is subject to
frequently changing weather
A Site Snapshot
conditions. The nearest residence
is 1.5 miles from the site; approxi-
mately 7,600 people live within
three miles.
During the mid-1950s when the
site was a fishing camp, two
rectangular ponds were con-
structed for game fish habitat. In
1961, after a hurricane flooded the
ponds with salt water and killed
the fish, parts of the site were
used for the disposal of industrial
and municipal waste. This prac-
tice continued until the 280-acre
site closed in 1971. Subsequently,
10 acres were found to be pol-
luted.
Contaminants found in shallow
ground water at the site included
organic chemicals such as chloro-
form and benzene and heavy
metals including lead and arsenic.
Bailey Waste Disposal Site
Orange County, Texas
Son
and
pond sedi-
ments also were
found to contain a wide variety
of volatile organic compounds,
polycyclic aromatic hydrocar-
bons, and heavy metals.
Fish, shellfish, and other
estuarine animals have
bioaccumulated these toxins;
the pollution has had adverse
effects on ecosystem habitat.
Warning signs have been
posted and the area is fenced
off to prohibit access.
Bailey Waste Disposal
Timeline
U.S. Environmental Protection Agency
Region 5, Library (PL-12J)
77 West Jackson Boulevard, 12th Floor
Chicago, II 60604-3590
• TWC conducts site studies
1 Superfund enacted
• TWC discovers contamination
Commercial fishing camp operating
Industrial and municipal
wastes dumped in
marsh
Mid-1950s
1961
1971
1979
1980 1982
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Superfund At Work • Bailey Waste Disposal Site, Orange County, TX • Winter 1994
Liable Parties Undertake Cleanup
Indiscriminate Dumping
Contaminates Marshlands
In the mid-1950s, the site
owner (Bailey) dug two adjacent
rectangular ponds on his land
and stocked them with freshwa-
ter game fish. Bailey's fishing
camp was popular with many
Gulf Coast residents until Sep-
tember 1961 when the camp was
destroyed by Hurricane Carla.
In the early 1960s, Bailey
started accepting industrial and
residential wastes. Sludge from
local petrochemical industries
and community trash also were
dumped into levees adjacent to
one of the ponds. Disposal
continued until Bailey closed the
site in 1971. That year, Gulf
States Utilities purchased much
of the property for use as an
employee recreational area. The
polluted conditions were largely
unknown until 1979, when EPA
reported that industrial wastes
had been disposed of at the site.
In 1980, a federally funded
study by the TNRCC found 10
acres of wetlands entirely de-
graded by improperly disposed
municipal and industrial wastes,
including barrels of leaking
petroleum by-products and
contaminated sludge.
The wetlands are home to
blue crabs, brown shrimp, killi-
fishes, speckled sea trout, red fish,
ribbed mussels, and oysters, and
support countless migratory
ducks and waterfowl traversing
the Central Flyway.
Superfund Enables
Investigation and Cleanup
In 1980, Congress enacted the
Comprehensive Environmental
Response, Compensation, and
Liability Act (CERCLA) establish-
ing the Superfund program.
Included were provisions to
compel private parties to conduct
cleanups at hazardous waste sites.
EPA expenses incurred in investi-
gating or cleaning up waste sites
are recoverable from these parties.
In 1981, Gulf States Utilities
conducted an investigation to
determine the amounts and
chemical characteristics of the
waste in the pits. Approximately
72,000 cubic yards of industrial
waste were discovered on site.
The waste material had contami-
Bailey Task Force fences site, posts warning signs
Site listed on NPL
• TWC investigates cleanup methods
m • EPA selects cleanup method following public comment
V
• Bailey Task Force signs consent decree
m • Cleanup begins
• Work complete (planned); 30-year
site monitoring begins (planned)
(ongoing)
1984
1986
1987
1988
1989
1992
1994
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Superfund At Work • Bailey Waste Disposal Site, Orange County, TX • Winter 1994
nated almost 40,000 cubic yards of
underlying soil. EPA subse-
quently identified numerous
private companies believed to be
liable for remediating the site.
In November 1982, TWC
conducted a preliminary assess-
ment as to whether emergency
actions were necessary to address
immediate hazards. Based on
TWC's findings, in May 1984,
EPA ordered the waste contribu-
tors to fence the property and post
warning signs to prevent access to
the site.
Community members
expressed support for
the remedy
In June 1986, the site was listed
on the National Priorities List
(NPL), EPA's roster of hazardous
waste sites eligible for compre-
hensive cleanup under the
Superfund program.
In October 1987, under TWC's
supervision, 10 waste contributors
formed the Bailey Task Force to
investigate the site and evaluate
cleanup options. In November
1987, TWC and EPA held public
meetings to discuss cleanup
alternatives with nearby residents
and to gain local input. Commu-
nity members expressed support
for the remedy preferred by EPA:
consolidate contaminated areas,
immobilize the toxic substances,
and install protective covers
("caps") to encapsulate the
wastes.
Cleanup Preserves Wetlands
The Bailey Waste Disposal site
is divided into two major areas: a
waste channel called the North
Dike filled with at least 100,000
cubic yards of industrial waste
and debris; and a second East
Dike channel containing corroded
drums of petroleum by-products
and rubbery industrial and mu-
nicipal debris. A series of small
pits holding 1,900 cubic yards of
tar-like wastes straddle the North
Dike area.
Of seven cleanup options
considered, EPA selected in-situ
(in-place) stabilization as the
safest, long-term remedy. Under
this plan, contaminated sediments
from the marsh and the drum
disposal area were consolidated
in the East Dike waste channel.
Contaminants in both channels
were immobilized with cement
and other compounds, thereby
reducing migration and toxicity.
To ensure contaminants were not
spread by rain during these
operations, the Task Force in-
stalled eight-foot dikes.
The stabilized mixture pro-
vides strength to support two
layered clay and earthen caps that
will be constructed over the
channels to permanently encapsu-
late the contaminants. Construc-
tion is scheduled for completion
by 1994 and will minimize nega-
tive effects on the surrounding
wetlands.
The wetlands are home to
blue crabs, brown shrimp,
killifishes, speckled sea
trout, red fish, ribbed
mussels, oysters, and
migratory waterfowl
Mixed Funding Used to
Encourage Settlement
In 1989, EPA negotiated a
"mixed funding agreement" to
pay for the Bailey Waste Disposal
cleanup [see sidebar on page 6].
The 10 companies of the Bailey
Task Force have agreed to pay 80
percent of the $15.2 million in
costs and to conduct the cleanup.
This type of mixed funding
agreement is called "preauthori-
zation". Settling parties perform
all of the work, provide up-front
financing, and then file a claim
against non-settlors for the other
20%. If that claim is unsuccessful,
the preauthorized parties can ask
Superfund for the remaining
portion.
The Bailey Task Force began
cleanup operations in August
1992. Following installation of the
layered cap, the Task Force and
state officials will monitor the site
for 30 years to ensure the integrity
of the remedy.
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Superfund At Work • Bailey Waste Disposal Site, Orange County, TX • Winter 1994
The Importance of the Saltwater Marsh
Wetlands have historically
been viewed as mosquito-
ridden wastelands, impedi-
ments to development be-
cause of their saturated and
frequently flooded conditions.
The importance to fish and
wildlife, clean water, and
flood control went unappreci-
ated as draining and filling
operations destroyed more
than 60% of coastal and inland
wetlands nationwide. Dis-
charges from industries and
Photo courtesy of The National Aquarium
The killifish is a small minnow no
more than 10 inches in length that
cruises just below the surface of calm
water, using an upward-tilted mouth
to snatch prey, particularly mo-
squitoes. Some are brilliantly colored,
with the males taking on glorious
hues during the mating season.
cities, midnight dumping of
toxic wastes, urban runoff,
acid rain, and agricul-
tural chemicals have
polluted
and de-
graded
wetlands
as well.
Of the 90
million acres of
vegetated wetlands in the
lower 48 states, only 5% are
coastal, saltwater areas. These
wetlands where bulrushes and
various grasses
dominate are called
"marshes" and
support estuarine
systems on the Atlan-
tic and Gulf coasts. Marshes
are important wildlife habi-
tats, breeding grounds, and
nurseries. Ducks, geese, black-
birds, herons, egrets, bitterns,
and rails use the marsh habitat
for mating, nesting, brood-
rearing, and for resting and
feeding during migration.
Fish, crustaceans, mollusks,
insects, and other estuarine
The Diamondback Terrapin, another
resident of the marsh, is an
excellent long-term indicator of
water quality. The turtle's shell
absorbs and retains many forms of
pollution, particularly heavy metals.
animals form a complex food
chain in the marsh, occupying
that specialized niche between
fresh water and the sea. In
addition, marshes provide
protected nurseries for the
fingerlings of important com-
mercial fishes such as cod,
herring and mackerel.
Natural Resource Trustees Negotiate for Damages
In addition to paying for haz-
ardous waste cleanups, private
parties may be held liable for
natural resource damages and
environmental restitution. While
EPA seeks additional funding to
clean up the site, federal and state National Oceanic and
natural resource trustees are Atmospheric Administration,
negotiating with the liable parties the U.S. Department of the Inte-
for damages to the surrounding rior, TNRCC, the Texas Parks
marshland. Designated natural and Wildlife Agency, and the
resource trustees include the Texas Land Office.
U S. Environmental Protection Agency
Region 5, Library (PL-12J)
5 ^ 77 Wnsl Jaatoen Boulevard, 12th Finnr
ii
Chicago,
60604-3590
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Superfund At Work • Bailey Waste Disposal Site, Orange County, TX • Winter 1994
Mixed Funding
Encourages Settlement
For each site listed on the NPL,
EPA makes a concerted effort to
identify and locate the parties
responsible for site contamina-
tion. These parties are notified of
their possible liability and can
negotiate with EPA to reach an
equitable cleanup agreement. If a
settlement cannot be reached,
EPA has the authority to conduct
the work and later sue for as
much as three times the costs.
Parties that fail to cooperate face
long legal battles and significant
penalties.
EPA negotiations at the Bailey
site were designed to secure a
swift cleanup by responsible
parties'who had paid their fair
share of the costs. EPA attorneys
used an innovative settlement
strategy called "mixed funding"
whereby EPA settles with fewer
than all of the liable parties for a
substantial portion of the cleanup.
The remainder of the costs or
work can be contributed by EPA,
or obtained from financially
viable parties who are not part of
the mixed funding settlement.
The three types of mixed funding
are called preauthorization,
mixed work, and cash out.
Mixed funding provides an
incentive for cooperative parties
to settle and avoids time-consum-
ing, expensive litigation. Ad-
vance financing by the settling
parties ensures prompt
remediation of the site.
Success at
Bailey Waste
Disposal
The Bailey Task Force has
immobilized hazardous
wastes in two huge channels
as preparation for installation
of protective, encapsulating
covers. This work is sched-
uled for completion in 1994.
Fortunately, only ten acres of
marshland sustained damage
from fiie improper dumping
of the 1960s. Following
cleanup and construction
activities, a 30-year monitor-
ing program will ensure the
long-term protection of area
wetlands and the ecosystem's
ability to sustain wildlife.
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telephone (703) 487-4650.
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