fO STl,,,
                  United States
                  Environmental Protection
                  Agency
Office of Emergency and
Remedial Response
(5202G)
EPA 540-F-99-015
OSWER 9375.3-05P
PB99-963319
September 1999
          Reuse of CERCLA Landfill and
                         Containment  Sites
 Through the "Superfund Redevelopment Initiative," EPA is helping communities restore properties, once
 restricted from use due to risk to human health and the environment, to productive uses. These uses may
 include  a range of activities, such as commercial businesses, recreational facilities, and ecologically
 enhanced areas.  This fact sheet is designed  to assist Remedial Project Managers (RPMs). On-Scene
 Coordinators (OSCs), and State agencies in working with communities to incorporate reuse options into
 on-site containment remedies, such as the  municipal landfill presumptive remedy, when possible.  The
 fact sheet  does  not establish new  policy, but  rather  illustrates  how reuse  of property has been
 accomplished successfully under  the  existing program  at several sites.  In addition, the fact sheet
 describes design  considerations that were  creatively implemented at the sites, identifies techniques to
 facilitate land use, and discusses potential reuse limitations.
Softball is played at an outdoor recreation complex
developed at the Chisman Creek Superfund Site.
  INTRODUCTION
  For over eighteen years EPA has  characterized and
  remediated  municipal landfills  under  its  Superfund
  program. Based on the wealth of information acquired
  and the lessons learned from evaluating and cleaning
  up these sites, the Agency developed  a presumptive
  remedy for  CERCLA  municipal landfill  sites  (see
  OSWER  Directive  No.   9355.0-49FS).    This
  presumptive  remedy  calls  for containment  of  the
  landfill mass, and  collection or treatment of landfill gas
  and/or leachate, as appropriate.  The effectiveness  of
  the remedy is dependent on a containment system that
  is properly operated and maintained, and institutional
  controls that provide for the continued  integrity of the
  containment  system,  thereby   ensuring   long-term
  protection of future  site  users.   EPA uses  similar
  containment strategies at other sites where a decision
  is made to  leave  some contaminated  material onsite.
  In either case, the containment system used at the site
  is designed to provide protection of human health and
  the environment for both current and future users  of
  the site.
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The  Superfund Redevelopment Initiative reflects the Agency's belief that EPA's responsibility  to  local
communities to clean up contaminated properties in a manner that protects human health and the environment,
generally should be carried out such that cleanups are protective for reasonably anticipated future land use.
Superfund sites can be recycled in a variety of forms, including redevelopment of the site (e.g.,  construction
of a new facility), reuse of existing resources on the site (e.g., a new business in pre-existing buildings), or
enhancing the ecosystem on and around the site. EPA does  not favor one type of reuse over another,
as land use is a  local decision.  Instead, EPA is working with community leaders to determine remedial
action objectives  for cleanups that will allow for reasonably  anticipated  future land uses,  where possible.
Although the landfill presumptive remedy and other containment requirements may limit future  uses, EPA
believes that  a significant  number of sites using containment strategies  may be appropriate  for future
ecological, recreational, or commercial/industrial reuse.  EPA  believes that reuse should help to ensure proper
maintenance of the remedy while providing tangible benefits to key stakeholders, especially the surrounding
community.  The possible benefits of reuse include:

•     Positive economic impacts  for  communities  living around  the  site  including new employment
      opportunities, increased property values, and catalysts for additional redevelopment activities;

•     Stakeholder acceptance of the municipal landfill presumptive remedy .because of potential time and cost
      savings, and increased involvement in the restoration and redevelopment process;

•     Enhanced day-to-day attention, potentially resulting in improved maintenance  of remedy integrity and
      institutional controls; and
•     Improved aesthetic quality of the area through discouragement of illegal waste disposal or trespassing
      on restricted portions of the site, as well as increased  upkeep  of the  site by future  site occupants.

This fact sheet provides information on reuse projects that have been implemented  successfully at landfills
and other sites using similar containment remedies.  It identifies features  to be considered during  the design
phase, and highlights examples of project designs that incorporated creative solutions to facilitate reuse.  In
addition, this  fact sheet addresses  reuse issues—such as transfer of operation and  maintenance (O&M)
responsibilities and implementation of institutional controls—that are crucial to the continued protection of
human health and the environment.  Finally, the fact sheet delineates EPA guidance and  tools for stakeholders
interested in reusing a landfill site.

IDENTIFYING REASONABLY ANTICIPATED FUTURE LAND USE
To  ensure that a containment remedy is protective for the reasonably anticipated use(s)  of a  site, RPMs
and/or OSCs should involve stakeholders as early in the  Superfund decision-making process  as possible.
Discussions with local land use planning authorities, appropriate State and local officials,  property owners, and
the public, as  appropriate, should be conducted  as early as possible in the scoping phase of the Remedial
Investigation/Feasibility Study (RI/FS).

To identify reasonably anticipated future land uses, the following types of information, much of which typically
is available from  local planning authorities, may be evaluated:  current land use;   zoning laws; zoning maps;
comprehensive community master plans; population growth patterns and projections (e.g., Bureau  of Census
projections); accessibility of site to existing infrastructure (e.g., transportation and public  utilities); institutional
controls currently in place; site location in relation to urban, residential, commercial, industrial, agricultural and
recreational areas; Federal/State land use designation (Federal/State  control over designated lands range from
established uses for the general public, such as national parks or State recreational areas,  to governmental
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facilities, which  often have extensive site access restrictions, such as Department of Defense facilities);
historical or recent development patterns; cultural factors (e.g., historical sites, Native American religious
sites); natural resources information; potential vulnerability of groundwater to contaminants that might migrate
from soil; environmental justice issues;  location of on-site or nearby wetlands; proximity of site to a floodplain;
proximity of site to critical habitats of endangered or threatened species; geographic and geologic information;
and  location  of  Wellhead  Protection  areas,  recharge  areas,  and  other  areas  identified  in  a State's
Comprehensive Groundwater Protection Program.

Early discussions with stakeholders will assist EPA in  understanding the reasonably anticipated future uses
of the  site and in identifying specific  institutional and engineering controls that may  be  necessary.  Three
categories  of land  reuse  have  been  employed  at  former  municipal landfills—ecological  enhancement,
recreational reuse, and commercial/industrial reuse. Each  of these categories is discussed in the sections that
follow.  Case  studies are used throughout this fact sheet  to illustrate engineering and policy  considerations,
and protective,  feasible solutions for integrating site reuse with a  containment remedy.   Exhibit One
summarizes key characteristics of the case studies included in this fact sheet.  Detailed case studies of these
sites are available on the Superfund homepage located at http://www.epa.gov/superfund.
Ecological Enhancement

The historical practice of siting landfills in remote areas often allows all or part of a landfill site to be used for
future ecological use.   Wildlife  enhancement areas and  wetlands  provide  green space  and habitat  for
indigenous species, and  often serve as a cost-effective  and design-friendly means of returning landfills to
beneficial use.  Historically,  EPA has accommodated  restoration of ecologically significant areas, when
possible, including landfills located in areas with significant, existing habitat.  The first step is to consult with
other Federal and State agencies, such as the U.S. Fish  and Wildlife Service, to target specific indigenous
birds  and wildlife that are in need  of habitat.  Once this  information has been gathered, it may be possible to
conduct the cleanup in a manner that  will support plant and animal species while  ensuring that the selected
vegetation  and engineering controls will  protect  the  landfill cover and maintain  the effectiveness  of  the
remedy.

One example  of ecological restoration is at the Army Creek
Landfill in New  Castle County, Delaware.   At this site, EPA
and the potentially responsible parties (PRPs) turned a sixty-
acre abandoned landfill into a wildlife enhancement area.  This
remedy  and   reuse  project provided  protective  habitat  for
various  native  terrestrial  and   aquatic   wildlife  species.
                                     Additionally,  various
                                     grains, wildflowers, and
                                     custom   vegetation
                                     were  planted  on the
                                     site  cap to  encourage
                                     migratory birds to stop, nest, and feed  on the land.  Revegetation of the
                                     site and reconstruction of the wetlands were completed at no additional
                                     cost to the Agency.
                         Army Creek Landfill Superfund Site before
                         cleanup and ecological restoration.
 The Army Creek Landfill Superfund
 Site after cleanup and ecological
 restoration.  Today the area supports
 various terrestrial and aquatic
 species of wildlife.
Another example of ecological restoration is the remedy implemented
at the Bower's Landfill site in Pickaway  County, Ohio. Knowing that
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part of the site was flooded an average of 29 days a year, EPA determined that converting a portion of the
site into a  wetlands would be both cost-effective and beneficial to the surrounding ecosystem.   To make
ecological restoration a reality, the RPM consulted with the Ohio Division of Wildlife and the U.S. Fish and
Wildlife Service to design the wetlands area.  EPA used clay from a portion of the site to build the cap over
the landfill.  The area that  was excavated was then graded to provide waterways and  retention  ponds and
to promote the growth of plants and wildlife with minimal maintenance. The seven-acre wetlands that were
constructed now effectively control flooding of the landfill source, and provide food, shelter, and habitat for
a variety of plants and animals.

Recreational Reuse
Former municipal landfills can also find new life as low-impact
recreational areas.  Landfills  are a natural fit for this type of
activity because they typically have a large surface area and the
cap can be contoured to meet the specifications for ball fields or
golf courses. In addition, communities are generally hospitable to
new recreational areas  because they have a tendency to increase
property values and enhance the quality  of life in the immediate
area.

For instance,  at  the Chisman  Creek  Landfill in York County,
Virginia, the cleanup plan developed by  EPA and the PRPs was
based  on local  residents'  desire for a sports complex in the
community.   The site cap  was  engineered  to  serve as  a
foundation for future playing fields and  graded to allow for park
structures such as bleachers and fences.   The Chisman Creek
site is  now a 41-acre complex that contains two lighted softball
fields,  four soccer fields, parking, vending faclities, and  facility
equipment storage.
Sunset at the Old Works Golf Course,
Deer Lodge County, Montana. In 1997,
25,000 rounds of golf were played at the
course.
Another case  of recreational reuse at a site implementing a containment remedy is  the Old Works/East
Anaconda Smelter Superfund Site in Deer Lodge County, Montana.  After extensive discussions with both
the PRP and the local community, EPA approved a cleanup plan that accommodated the development of a
golf course over a portion of the property.  In order to construct the golf course, the  PRPs utilized many
unique design  features that not only facilitated redevelopment, but also allowed for the protection of future
golfers and a nearby trout stream, and  future development around the golf course.

For landfills and other  sites  with  mounds  or sloped areas,  the DuPage  County  Landfill/Blackwell Forest
Preserve illustrates  a recreational  use that makes  the most  of this fairly common feature.   Solid waste
materials at the former landfill were deposited to a height of over 188 feet above ground level.   After the site
was closed, the town saw a need for  a recreational resource, and decided  to convert the former landfill and
surrounding area into a multi-use area featuring hiking trails, camping facilities, and picnic areas for warmer
months and a sledding/toboggan hill in winter months.
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Industrial/Commercial Reuse

Some landfills,  because of their locale  or surroundings, may not be suitable for ecological or recreational
reuse.  These sites are generally located in industrialized  areas that lack significant wildlife and/or habitat
acreage.  However, other factors, such as proximity to major transportation routes and suppliers or customers
make these sites a potential setting for industrial or commercial redevelopment.
The  remediation  of the  Raymark site  in  Fairfield
County, Connecticut, is one of the first cases in which
effective consideration of the reasonably anticipated
future land use in developing a cleanup plan helped
reuse occur. From 1995 through 1997, Region  1 and
the  Connecticut   Department  of   Environmental
Protection (CDEP) decontaminated and demolished
all   site   buildings  and   structures,   consolidated
contaminated soils,  addressed  highly  concentrated
pockets of contaminated groundwater, installed a gas
collection  system,  and capped  the  entire  33-acre
property so that future development  could occur.  A
partnership was  formed  among  EPA,  CDEP, the
Town of  Stratford, and  a local developer, which
ultimately will allow for the  construction of a 300,000
square foot retail shopping complex on the site.
Remediation underway at the Raymark Superfund
Site. The site will support a 300,000 square foot
shopping complex.
The  Delaware Sand  and Gravel site in New Castle  County, Delaware, is  another example of industrial
redevelopment of a former landfill.  Although construction of a low-permeability landfill cap was required,
the owner was interested in reusing a portion of the site for temporary storage of heavy equipment.  Region
3 allowed PRP construction of a "wear surface" over  a 5-acre portion of the RCRA landfill cap. The wear
surface was designed and constructed to withstand daily use by a sixteen-ton load—the weight of the heaviest
piece of equipment that was going to be used on the site in its new capacity.  Similarly, the containment
remedy at the Mid-Atlantic Wood Preserver site in Anne Arundel County, Maryland, allowed the site to be
paved as  a parking lot for the use of the adjacent business.

Another example of commercial/industrial redevelopment is the Industri-Plex site,  which is located in a dense
commercial and industrial area in Middlesex County, Massachusetts.  Remediation of the site  included PRP
construction of permeable and/or impermeable  caps and other covers (e.g., concrete  foundations, asphalt
parking  lots, etc.) over approximately 110 acres of contaminated soils.   Development projects planned or
underway include construction of a Regional Transportation Center (RTC), a retail store on 19 acres, and up
to 750,000 square feet of office and hotel space.

REMEDY CONSIDERATIONS
Pursuant to Section 121(d)(2) of CERCLA, remedial  actions  must meet or waive all applicable or relevant
and appropriate requirements  (ARARs) identified for a response.  For landfills, ARARs generally include
closure requirements  in compliance with Subtitle D or Subtitle C of the Resource Conservation and Recovery
Act (RCRA) (for more information on closure requirements as ARARs,  see  "Presumptive Remedy for
CERCLA Municipal Landfill  Sites, September  1993,  Directive No.  9355.0-49FS).  Whatever the intended
future use of the site, the integrity of the  cap  and other components of the containment remedy must be
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protected and maintained.  The following sections identify remedy considerations that have been addressed
at sites  where it has been possible to accommodate reasonably anticipated land uses  in the remedy.  These
considerations include design components for the containment remedies, implementation  of  appropriate
institutional controls, and ongoing O&M activities.

Design  Components

Plans and specifications for a landfill or  other  containment cap system  generally provide  the following
components,  regardless of the intended future use of the site:  cap design and integrity; runoff collection
system  design and safety; monitoring  well location and design; leachate/gas  collection system design and
safety; and vegetative choices.  When  a particular reuse of a site is anticipated, in general, EPA will attempt
to conduct site activities in a manner that will  be  protective for the anticipated future use.  The following
sections  provide examples of sites where remedial actions were conducted  in such a way that desired future
uses were successfully incorporated into the remedial design.
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Exhibit One: Case Study Site Characteristics
Site Name
Army Creek
Landfill, DE
Region 3
PRP lead
Bower's Landfill
Site, OH
Region 5
Fund lead
Chlsman Creek
Site, VA
Region 3
PRP lead
Anaconda Smelter
Site.MT
Region 8
PRP lead
Land Use
Wildlife refuge
Wetlands habitat
creation
Soccer and Softball
fields
18-hole golf course
Design
Considerations
Vegetative cover
(species);
O&M Schedule
Burrowing animal control
Flood and erosion
control
Monitoring well integrity
Wetlands preservation
Prevention future direct
contact
Runoff and irrigation
control
Materials recycling
Operation & Maintenance
PRP Inspects and mows cap on
rotating schedule; removes
penetrating trees and other
plants; monitors gas vents;
removes nuisance reeds from
wetlands; runs humane capture
and release program; collects
and treats graundwater and
monitors air and groundwater
State O&M program includes
quarterly inspection for leachate
and gas formation, groundwater
monitoring, mowing cap
vegetation, inspecting and
repairing the cap, and repairing
the fencing.
Routine O&M transferred to
York County Parks and
Recreation; PRP responsible for
O&M of engineering control
equipment. Post closure
monitoring program for ground
and surface water down
gradient of the fly ash pits.
O&M and monitoring transferred
to Deer Lodge County; O&M
requirements include monitoring
and maintenance of the
vegetative cover and Installation
and maintenance of a fence
around the perimeter of the site;
Future transfer of site
ownership will transfer O&M
responsibilities.
Objectives of Institutional
Controls
Ensure that any future use is
consistent with, and protective of,
the site remedy. Any activities
performed at the site must be done
In an environmentally and
otherwise acceptable, manner
consistent with all laws,
regulations, ordinances, zoning
requirements, or other rules
Imposed by Federal, State, County,
or Local government bodies.
Prohibit groundwater extraction in
west field and restricting
disturbance of the landfill surface.
If necessary, farming will be
prohibited on land west of site.
Prohibit excavation of soil, restrict
building, and restrict groundwater
use under and down gradient of
the pits.
Short-term institutional controls to
control access and land use will
be implemented throughout the
area of the site. County
responsible for land use decisions
and issuing redevelopment
permits.
RPM Information
Debra Rossi
(215)814-3228
rossi.debra@epa.gov
David Wilson
(312)886-1476
wilson.david@epa.gov
Andrew C. Palestlni,
(215) 814-3233
palestlnl.andrew@epa.go
V
Charles Coleman
(406) 441-1150 Ext. 261
coleman.charles@epa.go
V
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Exhibit One: Case Study Site Characteristics
Site Name
Raymark Site, CT
Region 1
Fund lead
Delaware Sand &
Gravel Site, DE
Region 3
PRP lead
Mid-Atlantic Wood
Preserver Site, MD
Region 3
PRP Lead
Industri-Plex Site,
MA
Region 1
PRP lead
DuPage County
Landfill/Blackwell
Forest Preserve,
IL
Region 5
PRP Lead
Land Use
Retail shopping
plaza
Storage facility for
.light industrial
equipment
Parking lot for
adjacent business
Transportation
center; retail store;
office and hotel
space
Natural recreation
area; hiking and
camping facilities;
sledding hill; lake
Design
Considerations
Designed to allow future
development on top of
cap such that no
penetration of cap will
be necessary
Load bearing;
gas collection with vents
located outside work
area
Wear surface over cap
Design permeable and
impermeable covers to
prevent direct contact
with soils contaminated
with heavy metals. The
design considers long-
term protectiveness/
effectiveness and
freeze-thaw action.
Minimized tree removal
over footprint of site. If
existing landfill gas
system is Incapable of
meeting recreational
uses, system will go
from passive to active
(designed to be
upgraded), additional
gas collection wells will
be added, and/or thermal
treatment device will be
added.
Operation & Maintenance
O&M program includes
conducting routine monitoring of
groundwater and surface
water, O&MofDNAPL
collection system, O&M of soil
gas collection system, and O&M
of enhanced gas collection
system.
Owner inspects RCRA cap;
monitors gas vents; mows
Developer Inspects and
maintains asphalt paving and
carries out environmental (air,
surface water, sediments, &
groundwater) monitoring.
Air, surface, and ground-water
quality monitoring and post-
closure care consistent with
RCRA regulations.
Forest Preserve District will
handle all operation and
maintenance. Rigorous
inspections of cap integrity (i.e.,
after weather events, look for
excessive wear in recreational
areas)
Objectives of Institutional
Controls
Some use restrictions on types of
businesses that can operate on
property and restrictions on
excavating below impermeable
layer.
Use of the surface area barrier is
restricted by weight, spillage,
storage, excavation, and other
measures.
Ensure the Integrity of containment
structure Is not compromised by
future use of the property.
Under development. The
institutional controls will preserve
the continued effectiveness of the
remedy, which ensures the
protection of human health and the
environment, while allowing
property owners greatest possible
use of the site.
Prohibit excavation of soil,
restricting building and ground-
water use. However, have
petition flexibility to accommodate
non-Invasive improvements
RPM Information
Mike Hill
(617)918-1398
hill.michael@epa.gov
Phil Rotstein
(215) 814-3232
rotstain.phll@epa.gov
Eric Newman
(215)814-3237
newman. eric®. epa.gov
Joseph LeMay, P.E.
(617)918-1323
lemay.joe@epa.gov
Michael Bellot
Region 5
312-353-6425
bellot.michael@epa.gov
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Cap design and integrity

Basic  considerations in cap design include material, thickness,
permeability and slope stability. However, the future use of the
site may require design components that incorporate specific
reuse considerations.  At the Chisman Creek site, the cap was
engineered to serve as a foundation for future playing fields and
graded to allow for park structures such  as  bleachers and
fences.   Precautions, such as placing underground utilities  in
oversized clay trenches, were taken to protect  future workers
from  coming into contact with fly ash.  At the Delaware Sand
and Gravel site, the wear surface was constructed to withstand
daily  use by a sixteen-ton load—the weight of the  heaviest
piece  of equipment onsite, an  eight-ton forklift with a maximum
front-end load of eight tons.  Other design considerations may
take  into account  unique site  characteristics; for  example,
sledding  at the DuPage  Landfill site slope  is  limited to  days
during which there are at least three  inches of snow on the
ground.   Caps can also  be  designed to accommodate large
                                     commercial  buildings.
                         At the Raymark Superfund Site in
                         Connecticut, foundation pilings were
                         engineered into the protective cap, which
                         will support a 300,000 square foot retail
                         complex.
 Capping underway at the Summitville
 Mine Superfund Site, Rio Grande
 County, Colorado.
For    example,
underlying soils and waste were compacted through surcharging and
dynamic compaction, and in one area of the site, steel  pilings were
installed below the protective cap at the Raymark Industries site to
support the loads of the cap, parking lot, and a 300,000 square foot
retail  shopping   complex.    Through  a  Prospective  Purchaser
Agreement (PPA) (see page 13  for a  discussion of  PPAs),  the
developer  agreed to  reimburse  EPA  for the  additional  costs
associated  with  the  soil  stabilization  techniques implemented in
preparation for the future  shopping complex,  and agreed to avoid
actions that could disrupt the protective cover.
Runoff collection system design and safety

Surface water runoff controls typically are used to prevent the migration of leachate or contaminant plumes
with lateral drainage features.  Again, site reuse may entail modifications of system designs to contain or treat
the flow  prior to release.  Under EPA supervision, the PRP  installed a state-of- the-art drainage system at
the Old Works/East Anaconda Smelter site.  This system directs runoff from the hills which surround the
course into a large holding pond.  The design of this unit protects the overall integrity of the cap, minimizes
stormwater runoff to a nearby trout stream, and allows the water to be used as an irrigation source.  At the
Army Creek Landfill site, concerns of flooding  in low lying areas where treated water feeds into the adjacent
Army Creek resulted in modifications  to the slope and discharge layout of several existing onsite sediment
basins to create a standing wetlands area.  One  of the sediment basins, already colonized with native wetland
plant species,  was left in its natural state.  The  second basin was  replanted with plant species typical to
riparian wetlands in the area.  At the  Chisman  Creek Landfill site, the surface water collection system was
so efficient that  the York County Parks and Recreation  Department  had to re-sod the support layer to slow
rainwater drainage in order to maintain grass on  the fields.
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Monitoring well location and design

Containment remedies generally include monitoring wells to ensure that leachate from the contained mass
does not migrate to underlying groundwater.  The location and design of these wells can be planned so that
Site reuse does not affect use of the wells.  At the Bower's Landfill site, monitoring wells in the constructed
wetland area were fitted with  risers and the  surrounding earth was mounded to  minimize water intrusion
through the wells and to make access easier during flood conditions.

Leachate/Gas collection system design and safety

Leachate and gas collection and treatment systems are also design considerations that may be integrated with
future land use.  Both the placement of collection equipment and treatment options (e.g., vents and  flares)
can be planned to accommodate future reuse.  Gas vents at the Delaware Sand and Gravel site  were installed
horizontally, away from the reuse area, and towards an unobstructed five acres. This portion of the property
will not be reused due to unsuitable slope.  Engineers at the Chisman Creek site discovered that the original
design of the  groundwater collection system  would  significantly impact the stability of the land under the
highway bisecting the site and  several nearby  homes.  To avoid these impacts, a series of horizontal  drains
were drilled laterally into the base of the ash  pit.  This lower-cost and more efficient design was adapted from
highway construction projects  and required  the use of a specially constructed drill rig.  At the Army Creek
site, gooseberry was planted around the gas vents to provide a food source for animals as well as visual cover
of the vent pipes.   At the  DuPage County  Landfill site, the  Forest Preserve District agreed to conduct
breathing zone ambient monitoring that includes different seasonal variations and atmospheric changes.  If
the existing  landfill gas  system does not meet  recreational use safety requirements, the Record of Decision
is written to  change the  gas  collection system  from passive to active (the system  was  designed  to  be
upgraded), to add additional gas collection wells, and/or to add a thermal treatment device.

Vegetation Choice

The vegetation selected for containment remedies generally will help reduce erosion  and water penetration
and enhance  evapotranspiration.   Vegetative support layers usually  are  organic silty loam topsoil, and
vegetation generally has shallow roots and may be selected based on a low possibility of bioaccumulation.
At the DuPage County  Landfill site, the Forest Preserve District conducted an Arboreal Study to determine
if the trees and brush were detrimental to the cap.  Although some trees were eliminated to  allow for the
footprint of the planned site cap, every effort  was made to remove as  few trees as possible.  At the Army
Creek landfill site, EPA consulted with ecologists to identify specific grains, wildflowers, and vegetation that
would attract  migratory birds.  The selected  seed mixture provided the land coverage and erosion control
needed to maintain the integrity of the cap, while providing food and habitat to a variety of plant and animal
species.  A similar revegetation strategy was  used at the Delaware Sand and Gravel site for those  portions
of the property that were unusable  for redevelopment because of slope or other terrain-related  factors. One
significant change in the seed mix used to revegetate  the Delaware Sand and Gravel site was the  absence
of red clover seed, as previous experience at the Army Creek site indicated that this plant attracted unwanted
burrowing animals.

Institutional Controls

Remedies that involve on-site containment of waste  often incorporate institutional controls to prevent an
unanticipated change in land use that  could  result  in unacceptable  exposures to contamination, or at  a
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minimum, alert future users to the residual risks and monitor for any
changes in use.  Examples of institutional controls include land use
regulations imposed by local governments, property law devices such
as easements and covenants that restrict future land or resource use,
and  informational  devices   such  as  deed   notices  that  inform
prospective purchasers  of  residual  on-site  contamination.   For
example, a local ordinance might prohibit the use of contaminated
groundwater or require periodic  maintenance of a parking lot or other
engineered barrier.
                                                                  Jack Nicklaus testing out a sand trap
                                                                  at the Old Works Golf Course
                                                                  developed over a 120-acre capped
                                                                  area at the Anaconda Superfund Site.
                                                                  The 14,000 cubic yards of black sand
                                                                  in the course sand traps is finely
                                                                  ground inert smelting slag.
Institutional  controls  play  a  key  role   in  ensuring  long-term
protectiveness,  and should be evaluated and implemented with the
same degree of care as is given to other elements of a remedy.  In
developing remedial alternatives that include institutional controls,
EPA determines the type of institutional control to be used, the existence of the authority to implement the
institutional control, and the appropriate  entity's resolve and ability to implement the institutional control.  An
alternative may anticipate two or more options for establishing institutional controls, but should fully  evaluate
all such options. Because of their importance in restricting future land uses, it is best to identify the  need for
institutional controls as early in the remedy selection process as  possible to identify implementation and long-
term enforcement  issues.   It also is vital that stakeholders be informed  whenever institutional controls are
added or modified  so that future development can accommodate  existing or altered land-use restrictions.
                                         EPA personnel working at the Old  Works/East Anaconda  site
                                         crafted  a  creative  solution  for  ensuring  compliance  with
                                         institutional controls while allowing for continued redevelopment
                                         at  the site.  Citizens,   the PRP,  and local,  state, and  federal
                                         government  officials  formed  the  Old  Works/East  Anaconda
                                         Development Area (OW/EADA) to  promote  redevelopment of
                                         a 1,300 acre area of the site.  The Anaconda-Deer Lodge County
                                         Comprehensive Master Plan  was  then  prepared to  provide
                                         guidance for accommodating future development and its possible
                                         effects on the  environment and surrounding land uses.  The
                                         Master Plan incorporates a Development Permit System (DPS),
                                         which  regulates  proposed development  activity  or  land  use
                                         located anywhere  on the site, such as drilling  wells, excavation,
                                         or new construction, irrespective of land ownership, to ensure it
                                         is  consistent with  environmental and safety guidelines.   Other
                                         institutional  controls  such  as  land  use  and  groundwater
                                         restrictions,   private   land  ownership   controls,   dedicated
                                         developments,   covenants,  and easements,  will be implemented
                                         to complement the DPS and ensure overall compliance with the
                                         Master Plan.
Native grasses and flowers at the restored
Army Creek Landfill Site.
The DuPage Landfill site has institutional controls hi place that prohibit construction of buildings on the site;
however,  language does provide the flexibility to petition for non-invasive improvements.  For example, the
Forest Preserve District successfully petitioned to put a temporary building  at the top of the hill during the
winter months for the purpose of renting toboggans.
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Operation and Maintenance

Operation and Maintenance (O&M) activities protect the integrity of the selected remedy for a site.  O&M
measures are initiated after the remedy has achieved the action objectives and goals outlined in the Record
of Decision (ROD),  and after the remedy is determined to be operational and functional (O&F)  based on
State and Federal agreement.  Typically,  remedies are considered O&F either one year after construction
is complete or when  the remedy is functioning properly and performing as designed—whichever is earlier.
Remedies  requiring  O&M  measures  include  landfill  caps,  gas  collection   systems,   groundwater
extraction/treatment systems, groundwater monitoring,  and/or surface water treatment.  Once the  O&M
period begins, the State or PRP is responsible for maintaining the protectiveness of the remedy in perpetuity.
O&M monitoring typically includes four components: inspection; sampling and analysis; routine maintenance;
and reporting. Although O&M activities may be transferred through a rental or purchase agreement to  a new
owner, the State or PRP is still ultimately  responsible for the protectiveness of O&M activities.  However,
the costs for O&M activities can often be offset through reuse or redevelopment at a site.

For example, the softball fields and recreational sports complex created as  part of the redevelopment  of the
Chisman Creek  Superfund site are operated by York  County.  The O&M activities at the site, such as
mowing the grass, preventing cap deterioration, and routine repairs, are now handled by  the County as part
of their normal park operations.  This has, in  effect, eliminated the costs for O&M at the site.   Another
example is  the result  of the redevelopment that took place at the Army Creek Landfill site.  EPA determined
that converting the site into a wildlife enhancement area would provide a much needed protective habitat for
various birds and wildlife.  Various grains, wildflowers and custom vegetation were planted on the site cap
to encourage migratory birds to stop  and feed on the land.  Bird boxes also were installed along the riparian
wetlands of Army Creek to encourage nesting.  The site is mowed once  a year before the nesting season to
provide food and shelter for migratory birds. Additionally, the site is mowed on  alternating years in vertical
or horizontal grids that leave straight stands of protective, vegetative cover for terrestrial animals. Gooseberry
was  planted around the gas vents to provide  a food source for animals as  well as  visual cover of the vent
pipes. Cap integrity  is maintained through removal of deep-rooting, woody plants from the capped area and
a humane trapping and relocation of woodchucks that  may burrow into the cap.  O&M at this site also
includes activities to minimize invasion of  non-native reeds into the wetlands  area.  Revegetation of the site
and reconstruction of the wetlands was  completed at no additional cost to  the Agency, has not significantly
increased operation activities  at the site, and has decreased some maintenance  activities, such as  mowing
the site, to once per year.

REUSE CONSIDERATIONS
The  following sections summarize select EPA guidance and tools for stakeholders interested in reusing a site
at which containment is part of the remedy.  These sections include discussions on early  involvement of
stakeholders,  confirmation  of reuse viability, and use of redevelopment tools that are available in  the event
that reuse is desired.

Solicit Input from Stakeholders

The  actual  reuse of a site is driven by many factors, including the local business climate, real estate and land
prices, and natural site features.  However, the most important aspect  when determining the reasonably
anticipated  future land reuse  is the early  involvement  of all interested parties.   Throughout the cleanup
process, from site discovery to construction completion, EPA encourages open dialogue with the community
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to determine the reasonably anticipated future land reuse.  Reuse can create many benefits that productively
impact local communities, including new jobs, higher property values, and better quality of life through the
preservation of open space and recreational areas.  If all stakeholders, including the community, state, and,
if applicable, PRPs, should reach an agreement on what they believe reuse may be as early as possible in the
RI/FS process if a containment remedy is being considered for  the site, EPA can be reasonably confident
about the future use. For municipal landfill sites, the presumptive  remedy allows for an up-front assumption
regarding the appropriate remedial alternatives in the RI/FS process (i.e., scoping).

Fact sheets, notices hi local newspapers and/or public meetings are appropriate notification tools for beginning
the dialogue concerning reasonably  anticipated future uses of the site. In addition, a letter, phone call or other
appropriate communication to the local land use planning authority associated with the site may be made prior
to such notifications.  More focused communications, such as letters or fact sheets may be mailed or hand
delivered  to adjacent property owners, especially when  a  residential  neighborhood  is situated  in close
proximity to the site.  This is especially  important because  in some instances the local residents near the
Superfund site may  feel disenfranchised from the  local land use planning and development process.  Also,
if the site is located in a community that is  likely to have environmental justice concerns, extra efforts may
be made to reach out to and confer with segments of the community that are not necessarily reached by
conventional communication vehicles or through local officials and planning'commissions.

A critical  component of the notification and discussion process is a clear explanation of the  limits  of
reasonably anticipated future land uses.  For example, reuse of municipal landfills as residential developments
is discouraged.  In addition, site managers should begin a dialogue with PRPs  so that they continue the
process if they assume responsibility for the RI/FS  and future site  remediation activities.  Through early and
open  dialogue with stakeholders, EPA believes that realistic land-use  scenarios can be developed that will
facilitate the RI/FS, and expedite the cleanup  and ultimately the redevelopment of the site.

Confirm Reuse Viability during RI/FS Process

Once the reasonably anticipated future land use(s) of a site is identified, it is important to confirm the viability
of planned uses by analyzing data collected during the RI/FS, such as the nature and extent of contamination,
containment alternatives, site topography,  and  other factors presented  previously.  Any combination  of
unrestricted uses, restricted uses, or use for long-term waste management may result, but it is important to
confirm that the reuse options desired by the community are viable given the characteristics of the site.  By
maintaining an active role  in site planning, EPA can attempt to  accommodate site reuse, where possible,
ensure that reuse options are consistent  with the presumptive remedy or other containment design, and verify
that any institutional controls ensure protection of human health and the  environment and enforce limitations
on reuse.

Redevelopment Tools

Once community outreach has been initiated and EPA has gathered information on possible reuse options,
the Agency can attempt to ensure that the remedy  is protective for the reasonably anticipated reuse.  EPA
has worked with States and localities to develop and issue guidance that will clarify the liability of prospective
purchasers, lenders, property owners, and others regarding their  association with activities at a site.  These
guidance documents  state EPA's  decision to use its enforcement  discretion not to pursue such  parties  in
specific situations.   EPA anticipates that  these  clear statements will alleviate concerns these parties may
have,  and  will facilitate  their involvement in cleanup and  redevelopment.  Three guidance  documents  of
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particular interest are described in greater detail below.

Prospective Purchaser Agreements

The  prospective  purchaser  agreement (PPA) is a  tool that EPA may  use to  facilitate cleanup  and
redevelopment of contaminated property, with over 90 PPAs signed through the end of fiscal year (FY) 1998.
Through PPAs, EPA provides parties  interested in acquiring contaminated property with CERCLA covenants
not to sue for cleanup of preexisting environmental conditions. PPAs also shield purchasers from contribution
claims by liable parties who  may seek to recover some of their cleanup expenses  from purchasers.  PPAs
may relieve the liability concerns of prospective purchasers, and, therefore, facilitate the cleanup and reuse
of contaminated properties.

In 1995, EPA issued guidance expanding the circumstances under which the Agency will provide covenants
not to sue to prospective  purchasers of contaminated properties.  The  Guidance on Agreements with
Prospective  Purchasers of  Contaminated Property gives the  Agency greater  flexibility  to  enter  into
agreements under which EPA agrees  not to sue the purchaser  for contamination that existed at the time of
the purchase.   Included  in  the guidance is a model PPA to streamline  and facilitate negotiations with
prospective purchasers.

PPAs ensure continued protection of the site after it is  passed along to  a  purchaser.  Through PPAs,  a
prospective-purchaser must  commit that the continued operation of the facility or redevelopment will  not
aggravate  or contribute to  the existing contamination or interfere with  EPA's  response  action.   The
prospective purchaser also must agree that the future use  of the property will not pose health risks to  the
community and those persons likely to be present  at the site.  Under the appropriate sections of the settlement
document, EPA can include provisions to ensure that the remedy design specifications are not violated; that
long-term O&M activities at  the site are attended to; and that there is compliance with institutional controls.
EPA and developers have entered  into PPAs at  the  Anaconda  Smelter, Mid-Atlantic Wood Preservers,
Raymark, and Industri-Plex sites.

Partial Deletion from the National Priorities List (NPL)

Where there  is  substantial agreement among local residents, land use planning agencies, owners,  and
developers, EPA can be reasonably  confident about the future use of the site.  In such cases, site managers
may consider the feasibility  of deleting a  parcel  of land  from  the NPL.   Site  size and the  extent of
contamination are factors to consider in a decision to partially delete. If the site can realistically accommodate
the entire remedial footprint,  an appropriate buffer zone and the planned reuse option, then partial deletion of
the site may be possible. EPA has used its partial deletion authority at 14 sites through the end of FY98.

The National Contingency Plan (NCP) establishes  the criteria that EPA uses  to delete sites from the National
Priorities List.  In accordance with 40 CFR § 300.425(e), sites may be deleted from the NPL  where no
further response is appropriate to protect public health or the environment. In making such  a determination,
EPA considers, in consultation with the State, whether any of the following criteria have been  met:

      Section  300.425(e)(l)(I). Responsible  parties or other persons have  implemented  all  appropriate
      response actions required;
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      Section  300.425(e)(l)(ii).  All  appropriate  Fund-financed  response  under  CERCLA has  been
      implemented, and no further response action by responsible parties is appropriate; and

      Section 300.425(e)(l)(iii). The remedial investigation has shown that the release poses no significant
      threat to public health or the environment and, therefore, taking of remedial measures is not appropriate.
Partial deletion of an NPL site is initiated when EPA prepares and publishes relevant documents, which are
made available  in the Deletion Docket at an official information repository.  The State, with respect to the
NPL site and applicable operable units, is asked to concur on EPA's final determination regarding the partial
deletion. Concurrent with a Notice of Intent in the Federal Register, a notice is published in a newspaper
of record and is distributed to appropriate Federal, Tribal, State, and local government officials,  and other
interested parties.  These notices announce a thirty (30) day public comment period on the deletion package,
which commences on the date of publication of the notice  in the Federal  Register and  the newspaper of
record. If, after review of all  public comments, EPA determines that the partial deletion from the NPL is
appropriate, EPA will publish a final notice of partial deletion in the Federal Register. Site managers should
explicitly state from the initiation of this scenario that EPA cannot participate  in any activities  associated with
the deleted portion of the site.

Comfort/Status Letters

In order to minimize stakeholder liability concerns associated with a potentially reusable site, Regional staff
may issue  a comfort letter.  These letters provide potential buyers  with as much information as possible from.
which to draw their own conclusions of the  potential risk of Superfund liability. Three types of letters can be
issued to parties who purchase, develop or operate a restored property:

•     No Current Federal Superfund Interest Letter - a letter sent at a site that EPA deleted from the NPL
      or that EPA no longer includes on its list of potential Superfund sites;


•     Federal Interest Letter - a letter indicating the status of EPA's involvement, where EPA  anticipates
      or has already begun a response at the  site; and


•     State Action Letter  - a letter stating that the corresponding state has assumed response action at the
      site.


By  establishing early contact with potential stakeholders, defining realistic beneficial reuse options, and using
the full range of redevelopment  tools, site managers may be able to accommodate reasonably anticipated land
uses at municipal landfills  and other sites using containment remedies.

Limits to Betterment Activities

At sites with reuse potential, stakeholders may propose an action that is beyond the authority of the Agency.
EPA may modify  a  remedial action  if EPA  finds that the proposed change  or expansion  is necessary  and
appropriate to the EPA-selected remedial action.  In this case, any additional costs would be paid as part of
the remedial action.  If EPA finds that the proposed  change or expansion is not necessary to the selected
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 remedial action, but would not conflict or be inconsistent with the EPA-selected remedy, EPA may agree to
 integrate the proposed change or expansion into the planned CERCLA remedial work if:

 •     The state, PRP, or developer agrees to fund the entire additional cost  associated with the change or
       expansion; and

 •     The state, PRP, or developer agrees to assume the lead for supervising that component of the remedy,
       or  if EPA determines  that component cannot  be conducted as a separate phase  or activity,  for
       supervising the remedial design and construction of the entire remedy.

 •     If a state does not concur in a remedial action selected by EPA, and the  state desires to have  the
       remedial action conform to an ARAR  that has been waived under § 300.430(f)(l)(ii)(C), a state may
       seek to have that remedial action so conform in accordance with the procedures set out in CERCLA
       section 121(f)(2).

 The Raymark site is an example of a remedy that included an enhancement.  EPA worked closely with the
 developer to incorporate redevelopment  plans  into the containment  strategy for the site.  The developer
 requested that a series of soil stabilization techniques be used, including the  installation of steel pilings below
 the cap to support the planned retail shopping complex. EPA signed a PPA with  the developer that ensured
 that the company paid for the installation of the steel pilings and other enhancements.

 CONCLUSIONS

 The Superfund Redevelopment Initiative, which is aimed at choosing cleanups consistent with reasonably
 anticipated reuse where  possible, is a program  that can yield positive economic,  environmental, and social
 benefits for communities with Superfund sites. The keys to a successful reuse effort are: remedies that  are
 protective for  reasonably anticipated future land  uses, institutional  controls that impose necessary  reuse
• limitations,  early and  active participation from all stakeholders,  and appropriate enforcement tools  for
 redevelopment.

 The essential step to success is to incorporate the  plan to reuse the site with  the plan to clean up the site.
 With the municipal landfill presumptive remedy, it  may be possible to  accommodate ecological, recreational,
 or commercial/industrial reuses in the cleanup plan. Whatever the intended future use of the site, all landfill
 remedies must first be designed to protect the integrity of the cap.  EPA must maintain an active role in reuse
 planning to ensure that  reasonably  anticipated   future reuse options  are consistent with the presumptive
 remedy or other containment design, and  that institutional controls and O&M activities are managed properly.
 Additional keys to success require the early and active participation of all stakeholders, including EPA,  the
 appropriate  state and local authorities, any PRPs, and  the site neighbors and surrounding community.  EPA
 can  help facilitate the reuse of a site, but  cannot accomplish this goal on its own.  Therefore,  it is imperative
 that site managers take the appropriate steps to involve these stakeholders as  early as possible  in the process.
 Early discussions with stakeholders will help ensure that the interests of all  involved and affected parties are
 properly represented.  Also, if the need arises based on these discussions, it may be appropriate for EPA to
 use  legal tools like PPAs and model comfort letters to clarify potential  issues of liability. By  following these
 steps, EPA believes that realistic  land-use scenarios may be accommodated  in cleanup and redevelopment
 of sites, where possible.
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FOR FURTHER INFORMATION

•     Presumptive Remedy for CERCLA Municipal Landfill Sites.  September  1993.  14 pp.  (EPA) U.S.
      Environmental Protection  Agency,  Office of Solid Waste  and  Emergency Response.   EPA  540/F-
      93/035, OSWER-9355.0-49FS, PB93-963339. Washington, DC.  Quick Reference Fact Sheet.

•     Presumptive Remedies: CERCLA Landfill Caps RI/FS Data Collection Guide.  1995.  8 pp.  (EPA)
      U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response.  EPA 540/F-
      95/009, OSWER-9355.3-18FS,PB95-963412.

•     Presumptive Remedies and NCP Compliance.   June 14, 1995.  12 pp.  (EPA) U.S.  Environmental
      Protection Agency, CERCLA Administrative Records Workgroup ORC Region IV, Solid Waste and
      Emergency Response Division.  Washington, DC.

•     Rules of Thumb for Superfund Remedy Selection. 1997.  23pp.  (EPA) U.S. Environmental Protection
      Agency, Office of Solid Waste and  Emergency Response.  EPA 540/R-97/013, OSWER 9355.0-69,
      PB97-963301. Washington, DC.                          -

•     Land Use in  the CERCLA Remedy Selection Process.   1995.  13 pp.  (EPA) U.S.  Environmental
      Protection Agency,  Office of  Emergency and Remedial Response.   EPA  540/R-95/052,  OSWER
      9355.7-04, PB95-963234/HDM. Directive. Washington, DC.

•     Procedures for Partial Deletions at  NPL  Sites.  1996.  9 pp. (EPA) U.S. Environmental Protection
      Agency, Office of Solid Waste and Emergency Response.   EPA 540/R-96/014, OERR Directive
      9320.2-ll,PB96-963222.  Washington, DC.

•     Guidance on Settlements with Prospective Purchasers of Contaminated Property.  1995. 24pp. U.S.
      Environmental Protection Agency, Office of Solid Waste and Emergency Response. 'PB96-105044.
      Washington, DC.

•     Policy on the  Issuance of Comfort/Status Letters. PB97-123921. November, 1997.

•     Handbook of Tools for Managing Federal Superfund Liability Risks at Brownfields and  Other Sites,
      November 1998, EPA330-B-98-001, Office of Enforcement and Compliance Assurance.
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