PB94-964125 EP AIRODIR05-94/251 September 1994 . EP A Superfund Record of Decision: Land and Gas Reclamation Landfill Site, Williamstown, WI 1/13/1994 o - ....... ~(Q)~ ~~[f~~~U\!J~~ (Q)U\!J[,V [g)@ U\!J@~ 1J'@~@ [f~@m [j'ru~~ ~@@m - - - Hazordous waste C~n~!~()~:, Information. Resource Center US EP A Region 3 Phliodelphlo, PA \9101 -- - EP A Report Collection Information Resource Center US EP A Region 3 Philadelphia, PA 19107 ------- RECORD OF DECISION SOURCE CONTROL OPERABLE UNIT INTERIM REMEDY Site Name and Location Land and Gas Reclamation LandfIll (Listed on the NPL as the Hechimovich Sanitary Landfill) Located in the Town of Williamstown, Dodge County, Wisconsin (approximately 3.5 miles east of the City of Horicon and approximately 2 miles south of the City of Mayville) Statement of Basis and Pul1'ose This document presents the decision of the Wisconsin Department of Natural Resources ("WDNR") that no further source control interim action is necessary at the Land and Gas Reclamation Landf1l1 site in the Town of Williamstown, Dodge County, Wisconsin, which was chosen in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), as amended by SARA, and to the extent practicable, the National Oil and Hazardous Substances Pollution Contingency Plan ("NCP"). This record of decision also presents information on source control action that has been implemented at this site by the defendants subject to a Dodge County Circuit Court Order. It is likely that actual or threatened releases of hazardous substances from this site would have presented an imminent and substantial danger to public health, welfare or the environment, if the Dodge County Circuit Court Order had not been implemented. The attached Desision Summary identifies the information contained in the administrative record for this site upon which the decision that no further source control interim action is necessary was based. The United States Environmental Protection Agency ("U.S. EPA") concurs with the selected source control operable unit interim remedy. Description of the Selected Remedv/Rationale for No Action The WDNR has determined that no further source control interim action is necessary at this site for this first operable unit. The reason for this determination is that the source control action which was implemented under the Dodge County Circuit Court Order has eliminated potential exposure to source related contaminants, except for contaminants in the groundwater, which will be addressed in the second operable unit. The Court-ordered source control action that was implemented at this site met the solid waste disposal facility closure requirements in chs. NR 500 to 520, Wisconsin Administrative Code, and consisted of: * Installation of an improved landfill cap which met the requirements of ss. NR 504.07 and 506.08, Wisconsin Administrative Code; ------- 2 * Installation of an active gas collection and flaring system which met the requirements of cbs. NR 445 and 508, and ss. NR 504.05(7), 504.07(3), and - 506.08(6), Wisconsin Administrative Code; and * Monitoring and maintenance of the landfill cap and gas collection and flaring system. Declaration Statement The WDNR has detennined that landfill waste and source-related contaminants pose no current or potential threat to human health or the environment because the Court-ordered source control action taken at this site eliminated the need to conduct further source control interim action for this first operable unit. Exposure to waste and contaminated soil has been eliminated and the potential release of contaminants from the landf1l1 waste to the groundwater has been minimized with the installation of an improved landf1l1 cap. Potential exposure to methane and volatile organic compounds in the landf1l1 gas has been eliminated with the installation of an active gas collection system. The remedy selected in this record of decision does not constitute the final remedy for this site. Subsequent actions will address fully the threats posed by conditions at this site. Because hazardous substances remain on site, a review will be conducted, within five years after the implementation of the Court- ordered source control action began, to ensure that the implemented source control action continues to provide adequate protection of human health and the environment. Review of this site and of the implemented source control action will be ongoing as the settling potential responsible parties who signed a State environmental repair contract complete a remedial investigation and feasibility study to develop fmal remedial alternatives for this site. ~W!.a n {'i'7'1 () Date / ------- DECISION SUMMARY SOURCE CONTROL OPERABLE UNIT INTERIM REMEDY LAND AND GAS RECLAMATION LANDFILL Findings Of Fact The following fIndings of fact summarize the infonnation contained in the administrative record for the Land and Gas Reclamation Landfill site. The selection of the source control interim action for this site was based upon the information in the site's administrative record. The Wisconsin Department of Natural Resources ("WDNR") fmds that: 1. Site Name. Location And Description The Hechimovich Sanitary LandfIll was listed 'on the National Priorities List by the U. S. Environmental Protection Agency in March of 1989. This site, now known as the Land and Gas Reclamation LandfIll, does not include the active landfill (lithe new Hechimovich Sanitary Landfill") which is located immediately to the north of the closed Land and Gas Reclamation LandfIll. The Land and Gas Reclamation LandfIll site is located in a rural area in the Town of Williamstown, approximately 2 miles south of the City of Mayville, and approximately 3.5 miles east of the City of Horicon, Wisconsin. (See Figure A.) This 24.3 acre, closed landfIll is located in the east one-half of the southwest quarter of Section 35, Township 12 North, Range 16 East, Town of Williamstown, Dodge County, Wisconsin. This site is unfenced and access is not controlled. II. Site Historv And Enforcement Activities The Land and Gas Reclamation Landfill was a commercial landfIll, municipally operated from 1959 to 1970 and privately operated from 1970 to October, 1986 when it ceased accepting waste. Paint sludges and cutting oils, from local industries, possibly containing lead, chromium and solvents, were disposed of in lagoons on-site. It is estimated that 53,000 gallons of liquid hazardous wastes were disposed of at this site. The landfIll does not have a liner. An initial cover, consisting of 2 to 4 feet of local till soils and 6 inches of topsoil, was placed in 1987. In July, 1987, the Land and Gas Reclamation Landfill site was the subject of a WDNR enforcement action, resulting in a Stipulation and Order signed by the Dodge County Circuit Coun, which directed George Hechimovich, Hechimovich Sanitary LandfIll, Inc. and Land and Gas Reclamation, Inc. (lithe Defendants") to undertake certain actions at the landfIll, including the installation of a clay cap and a gas collection system. ------- 2 The WDNR nominated the site for listing on the National Priorities List ("NPL") in 1988. The site was listed on the NPL, as the Hechimovich Sanitary Landfill, in March of 1989. Based on the information obtained from landfill records in the possession of Daniel and George Hechimovich, the WDNR issued special notice letters to fourteen potentially responsible parties ("PRPs") on August 15, 1990 and special notice letters to two additional PRPs on September 20, 1990. The Defendants and other potentially responsible parties entered into an environmental repair contract with the WDNR, which became effective on September 28, 1990, to perform a remedial investigation/feasibility study ("RIfFS") pursuant to s. 144.442, Wisconsin Statutes, and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). After the environmental repair contract was signed, the WDNR decided that, due to the complexity of the site, and because the Defendants had been previously ordered to improve the landfill cap and install a gas collection system at the site, remediation at the site should be divided into two operable units: a source control (landfIll closure) operable unit and a groundwater operable unit. During 1991 and 1992, the Defendants installed a cap, in compliance with the requirements of ss. NR 504.07 and 506.08, Wis. Adm. Code, consisting of a 6 inch thick grading layer over the waste material; a minimum of 2 feet of low permeability soil (clay) placed on top of the grading layer; a 2-foot thick soil cover layer; and 6 inches of topsoil. In addition, the Defendants installed an active gas collection and flaring system, in compliance with the requirements of chs. NR 445 and 508, and ss. 504.05(7), 504.07(3) and 506.08(6), Wis. Adm. Code. m. Highlights Of CommunitY Particiuation An information repository has been established at the Mayville Public Library, 111 North Main Street, Mayville, Wisconsin. The administrative record for this site has been made available to the public at the Horicon Free Public Library, 404 East Lake Street, Horicon, Wisconsin. In September 1991, a Superfund Fact Sheet on the 4md and Gas Reclamation LandfIll was issued by the WDNR. On September 25, 1991, representatives of WDNR, U.S. EPA, and the Wisconsin Department of Health and Social Services held a public information meeting at 7:00 p.m. at the Senior Center located at 330 N. Walnut Street in Mayville, Wisconsin, and discussed the Land and Gas Reclamation LandfIll and the landfIll closure and groundwater investigation work that was being conducted at this site. Approximately 50 residents of the area attended the public meeting. A proposed ROD which selected the implemented source control interim action for the Land and Gas Reclamation Landfill was made available for public comment from December 3, 1992 through January 6, 1993. Since that time, the WDNR has decided, after consultation with the U.S. EPA, that the best approach to conclude the interim remedy for the first operable unit would be to document the source control action that has been implemented and to evaluate existing site conditions. The result of this evaluation is that because of the ------- 3 implementation of the Court-ordered source control action (an improved landfill cap and an active gas collection and flaring system), no further source control interim action is necessary at this sit~, This determination is reflected in a new proposed ROD that was made available for public comment, from October 15, 1991 to November 15, 1993. Comments received during both the present and the earlier public comment periods and WDNR's responses to those comments are included in the attached Responsiveness Summary, which is a part of this ROD. A notice announcing the availability of the new proposed ROD and the start of the latest public comment period was published in the Mavville News on October 21, 1993. The public participation requirements of s. 144.442(6)(f), Wisconsin Statutes, and the community relations requirements of Sections 117 and 113(k)(2)(B)(i-v) of CERCLA were met in the source control interim remedy selection process. This decision document presents the decision of the WDNR that no further source control interim action is necessary for the Land and Gas Reclamation LandfIll Site in the Town of Williamstown, Dodge County, Wisconsin, which was chosen in accordance with CERCLA, as amended by SARA and to the extent practicable, the NCP. The decision is based on the administrative record. IV. Scope And Role Of Operable Unit As with many Superfund sites, the conditions at the Land and Gas Reclamation Landfill site are complex. As a result, WDNR decided to organize the work into two activities or "operable units." The first of these operable units, which this Record of Decision is a part of, addresses source control. The second operable unit will address groundwater CODt~min~tion at this site. The settling potentially responsible parties who signed a State environmental repair contract for this site have continued to conduct the RIfFS for the site, while the Conn-ordered source control action was being implemented, in order to develop and evaluate final remedial alternatives for the site. The WDNR has detennined that the implemented source control action will be consistent with the final remedy that is likely to be selected for this site. No further source control interim action is necessary at this site because the landfill waste and source-related contaminants pose no current or potential threat to human health or the environment with the expedited implementation of the Conn-ordered source control action. Taking action immediately rather than waiting for the final remedial action to be selected for this site considerably shortened the time required to eliminate or minimize the potential source related threats to human health and the environment. V. Site Characteristics A. Topography The Land and Gas Reclamation Landf1l1 site occupies the northern portion of a drumlin (a glacial landform consisting of a long, narrow hill) in a drumlin field. There are two wetland areas adjacent to the Land and Gas Reclamation Landf1l1 site, one west and one north and east of the site. ------- 4 B. Geology/Hydrogeology The geology in the area of the Land and Gas Reclamation Landfill consists of 50 to 100 feet of glacial till over Ordovician shale, sandstone and dolomite. The glacial till in this area is predominately ground moraine. The landfill site is situated on a drumlin. The unconsolidated materials on the site are characterized by silty gray sand and a sandy gray till with up to 45 feet of peat and organic silts north and east of the site. The bedrock beneath the site is believed to be Maquoketa Shale. Groundwater flow from the site is to the northeast, eventually discharging to the East Branch of the Rock River. Leachate heads within the landfIll are generally zero to a few feet above the original base grade. The water table is at or near the ground surface in the wetland area around the drumlin. Local groundwater discharge appears to occur in the wetlands west, and north and east of the site. Past studies have indicated that the steepest horizontal gradient is to the north at 0.049 ft/ft. C. Groundwater Contamination Based on currently available information, there appear to be two separate plumes of groundwater contamination leaving the site. The boundaries and the exact characteristics of these plumes are generally known. One plume moving northward from the site is characterized by high concentrations of dichloroethylene and vinyl chloride. The second plume initially moves westward, then to the north, from the site and is characterized by elevated concentrations of trichloroethylene, vinyl chloride and other contaminants. VI. Summary Of Site Risks The risks associated with the source control operable unit for the Land and Gas Reclamation Landfill were evaluated qualitatively. A baseline risk assessment for the entire site (including both source control and groundwater operable units) is required to be performed and documented under the environmental repair contract that was signed by the WDNR, the Defendants and other potentially responsible parties in September of 1990. The fmal baseline risk assessment will ensure that the final remedy that is selected for the site addresses all significant threats to human health or the environment., A. Chemicals of Potential Concern The contaminants identified in groundwater in the vicinity of this site include, but may not be limited to, benzene, ethylbenzene, 1,1-dichloroethane, 1,2-dichloroethylene, trichloroethylene, vinyl chloride and xylenes. Additional hazardous substances have been tentatively identified in leachate generated at the site. Lead, chromium and solvents may have been present in paint sludges and cutting oils which were disposed of in lagoons on-site. Landfill gas which is being generated by waste decomposition at the site (largely methane) may contain elevated levels of other volatile organic compounds. ------- 5 B. Exposure Assessment _. This site is located in a rural area of Dodge County. Surrounding land use is primarily agricultural. The nearest population center is the City of Mayville, 2 miles to the north. The City of Horicon lies 3.5 miles to the west. (Well logs indicate that 16 wells exist within a half-mile radius of this site. However, the qualitative risk assessment that was done for the source control interim action did not attempt to evaluate the risks associated with exposure to contaminated groundwater.) The site is unfenced and access is not controlled. Trespassers (hunters, hikers, children, etc.) could have been exposed to landfill gases and could have come into contact with exposed waste or contaminated soil if a new clay cap had not been installed. Because of the Court-ordered source control action that was implemented at this site, potential exposure to waste and source-related contaminants has been eliminated or significantly minimized. Direct contact is no longer possible following completion of the improved cap (Le. waste and contaminated soils are covered by at least five feet of cover material). Gas migration is now controlled by the gas collection and flaring system. An additional benefit of the implemented source control interim action is that the improved landfill cap significantly reduces leachate production within the landfill because the infiltration of rain and snow melt is minimized by the low permeability clay layer within the improved cap. c. Human Health and Environmental Risk Characterization Prior to the installation of a new landfIll cap and an active gas collection and flaring system at the Land and Gas Reclamation Landfill site, human health and environmental receptors in the vicinity of the landfIll were threatened by the potential for direct contact with waste and contaminated soil, the inhalation of hazardous air pollutants and the buildup of explosive levels of methane gas. Since the exposure pathways associated with the source control operable unit have been eliminated or significantly minimized by the new landfIll cap and the active gas collection and flaring system, no further source control interim action is necessary to ensure protection of human health and the environment. VII. StatutOry Authoritv Finding and Conclusions Of Law The WDNR has determined that landfill waste and source-related contaminants pose no current or potential threat to human health or the environment and that no further source control interim action is necessary at this site. The reason for this determination is that the source control action which was implemented under the Dodge County Circuit Court Order has eliminated actual and potential exposure to waste and source-related contaminants, except for contaminants in the groundwater which will be addressed in the second operable unit. The improved landfill cap eliminates the potential for exposure to direct contact with waste or contaminated soils. The gas collection and flaring system eliminates exposure to methane ------- 6 and volatile organic compounds which may have migrated from the landfill through the soil or the air. An additional benefit of the implemented source control interim action is that the improved landfill cap significantly reduces leachate production within the landfill by minimizing the infiltration of rain and snow melt. Because this is a decision for" no action," none of the statutory detenninations relating to remedy selection required by Section 121 of CERCLA are necessary in this Record of Decision. However, because hazardous substances will remain on-site, five year reviews will be conducted at this site. ------- \ []!J ..0; .... ".' :" .... . . . . ; I~J dD ~ ~ o I 2 WILES I ! SCALE: 1. -2 WIlES ... WILES I PROJECT LOCATION MAP LAND AND GAS RECLAMATION LANDRL1. DODGE COUNTY, WISCONSIN - ....~ --~ 0... ~a:: CQ.'" --- --- I1IYIJ: ~ C1WH. BY: EAS N>PRCNED BI': MID NOVEMBER. 1993 PROJ.' 1727.59 FILE' 17275903 ------- RESPONSIVENESS SUMMARY Comments Received During the Initial Comment Period (Dec. 3. 1992 to Jan. 6. 1993): (1) COMMENT: Section IV of the ROD (Scope of the Selected Interim Remedy) should be revised to specify that while the cap and gas system do not constitute a fInal remedial action for the entire site, they do satisfy the statutory preference for final remedies for this operable unit. (Comment from Peter Ruud, DAVIS & KUELTHAU, S.C., representing the Land & Gas Reclamation Landfill PRP Steering Committee) RESPONSE: This suggested change was not made. Because this record of decision is for "no action," none of the statutory determinations relating to remedy selection required by Section 121 of CERCLA are necessary in the ROD. (2) COMMENT: The word "potential" should be inserted into Section VI (Environmental Standards Previously Not Met at the Site) before the phrase "unacceptable risks." (PRP Steering Committee) RESPONSE: The section on environmental standards that were not met prior to the placement of the new landfill cap and the gas collection and flaring system was removed before the proposed ROD was made available for public comment from October 15, 1993 to November 15, 1993. However, the wording that the PRP Steering Committee asked us to insert is now found in Section VI, C (Human health and environmental risk characterization) of the final ROD. (3) COMMENT: It is our understanding that under the Memorandum of Agreement between WDNR and U.S. EP A, Region V, Region V is required to formally concur with the Interim ROD. Please indicate in the Interim ROD that U.S. EPA has formally concurred. (PRP Steering Committee) RESPONSE: This change has been made. A reference to U.S. EPA's concurrence has been added to the Statement of Basis and Purpose Section of the Declaration that is to be signed by Secretary Meyer. ------- 2 Comments Received During the Second Public Comment Period (Oct. 15 to Nov. 15. 1993): (1) COMMENT: The full title of CERCLA and the NCP should be inserted the fIrst time that they are referenced in the ROD. (Comment from U.S. EPA, Reg. 5) RESPONSE: The requested change was made. (2) COMMENT: The fIrst sentence of the Declaration Statement should be amended to more clearly indicate that the WNDR has determined that there is no current or potential threat posed by landfIll waste or source-related contaminants at the present time because of the court-ordered installation of an improved landfIll cap and active gas collection and flaring system. (U.S. EPA, Reg. 5) RESPONSE: This change has been made. (3) COMMENT: A site map should be included in Section I. (U.S. EPA, Reg. 5) RESPONSE: This change has been made. (4) COMMENT: Information on PRP search and special notice activities should be included in Section II. (U.S. EPA, Reg. 5) RESPONSE: This change has been made. ------- 3 (5) COMMENT: The second sentence in the second paragraph of Section III should be revised to change the words "would be" to "was being." (U.S. EPA, Reg. 5) RESPONSE: This change has been made. (6) COMMENT: The third paragraph in Section III should be revised to incorporate the information that was included in the Explanation of Significant Changes Section in the proposed ROD that was made available for public comment. (U.S. EPA, Reg. 5) RESPONSE: This change has been made. (7) COMMENT: The fourth paragraph of Section III should be revised to insert a reference to section 113 and 117 of CERCLA in place of the reference to the NCP, and to include statements that the ROD presents a decision made by WDNR in accordance with CERCLA and, to the extent practicable, the NCP, and that the decision is based on the administrative record. (U.S. EPA, Reg. 5) RESPONSE: This change has been made. (8) COMMENT: The title of Section IV should be changed to read "Scope and Role of Operable Unit." (U.S. EPA, Reg. 5) RESPONSE: This change has been made. ------- 4 (9) COMMENT: The first -sentence of the second paragraph of Section IV should be amended to more clearly indicate that the WNDR has detennined that there is no current or potential threat posed by landfill waste or source-related contaminants at the present time because of the court-ordered installation of an improved landfill cap and active gas collection and flaring system. (U.S. EPA, Reg. 5) RESPONSE: This change has been made. (10) COMMENT: The title of Section V should be changed to read "Site Characteristics." (U.S. EPA, Reg. 5) RESPONSE: This change has been made. (11) COMMENT: The fourth sentence in the third paragraph of Section VI, B should be amended to read: "An additional benefit of the implemented source control interim action is that . . ." (U.S. EPA, Reg. 5) RESPONSE: This change has been made. (12) COMMENT: The first sentence of the first paragraph of Section VII should be amended to more clearly indicate that the WNDR has determined that there is no current or potential threat posed by landfill waste or source-related contaminants at the present time because of the court-ordered installation of an improved landfill cap and active gas collection and flaring system. (U.S. EPA, Reg. 5) RESPONSE: This change has been made. ------- J,. 5 (13) COMMENT: The last sentence of the first paragraph of Section VII should be amended to read: II An additional benefit of the implemented source control interim action is that . . . II (V. S. EP A, Reg. 5) RESPONSE: This change has been made. (14) COMMENT: The Explanation of Significant Changes Section should be deleted since it has been incorporated into Section III, Highlights of Community Participation. (V.S. EPA, Reg. 5) RESPONSE: This change has been made. ------- ~\"i€.O 57'",,.. 0\',)'" .l'" .... ~ )~ " -- '-' 8S~ ... ... ~ ~ "to}': ~",,,,,, 4( PRO~..", UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO. IL 60604-3590 DEe 3 0 1993 REPLY TO THE ATTENTION OF: R-19J Mr. George E. Meyer Secretary Wisconsin Department of Natural 101 South Webster Street Madison, Wisconsin 53707 Resources Dear Mr. Meyer: The United States Environmental Protection Agency (U.S. EPA) hereby concurs with the decision that no further source control interim action is necessary as identified in the enclosed Record of Decision (ROD) completed by the Wisconsin Department of Natural Resources (WDNR) for the Hechimovich Landfill Site. Our concurrence is in accordance with 40 CFR S300.515(e) (2) (i) and (ii) and is based on the administrative record, which documents past actions taken under the State Court Order, i.e., installation of an improved landfill cap and an active gas collection and flaring system. Because of these past actions, potential exposure to source-related contaminants have been eliminated (with the exception of contaminated groundwater, which will be addressed in the second operable unit). Therefore, we agree that no further action is needed to address the landfill waste at this time. U.S. EPA understands that this first operable unit addresses the source of the contamination and is not the final remedy at the site. A second operable unit addressing the groundwater contamination is expected to follow. We look forward to our continuing involvement on the Hechimovich Landfill site. Sincerely yours, ORIGINAL SIGNED BY 4MV1j)A. UURJCH Valdas V. Adamkus ~\~ Regional Administrator t I 0 !)\'V . l,}-j ')-f 1:3. \?70 '51!&? ',,1 \~ Werv~ Enclosure 4f 1'2-/:1.&19:.3 >;:2,,~ \7-\~\~;:" fIl,';I)- 11 f;v \/V(q(,h} I t Ii (v' t' @ Printed on Recycled Paper ------- |