United States Region V
Environmental Protection 230 South Dearborn Street
Agency Chicago. Illinois 60604
A STATUS REPORT
The PCB Contamination
Problem: Waukegan, Illinois
November 24, 1980
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THE PCS CONTAMINATION PROBLEM: WAUKEGAN. ILLINOIS
A STATUS REPORT
November 24, 1980
TABLE OF CONTENTS PAGE
SECTION I INTRODUCTION AND BACKGROUND 1
SECTION II THE ENVIRONMENTAL PROBLEM 5
SECTION III PLAN FOR REMOVAL OF PCB CONTAMINATED SEDIMENTS 8
IN SLIP #3 IN WAUKEGAN HARBOR
SECTION IV POTENTIAL MECHANISMS FOR FUNDING SLIP #3 PLAN 11
Prepared By
U.S. Environmental Protection Agency
Region V
230 South Dearborn Street
Chicago, Illinois
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SECTION I: INTRODUCTION AND BACKGROUND
Since the initial awareness of the existence of a PCB contamination problem
in the vicinity of the Outboard Marine Corporation (OMC) facility in Wauke-
gan, Illinois, in 1976, the U.S. Environmental Protection Agency (U.S. EPA)
has pursued remedy along two channels.
o After informal negotiations with OMC broke down in 1977, U.S. EPA
filed a lawsuit against OMC on March 17, 1978, seeking to require
OMC to cleanup the site. April 6, 1981 has been set as the trial
date.
o U.S. EPA began, in 1976, to conduct studies on the nature and extent
of the environmental problems associated with the PCB contamination.
In 1979, these efforts were directed towards development of an engi-
neering remedy for the PCB problem in Waukegan so that U.S. EPA could
begin cleanup as soon as funds became available. A comprehensive
report, describing the full range of problems and suggested remedies,
will be issued in December 1980.
BACKGROUND
In 1976, the Johnson Motors Division of Outboard Marine Corporation (OMC)
in Waukegan, Illinois, was found to be discharging PCBs to the Waukegan
Harbor and the North Ditch, both tributaries of Lake Michigan. This find-
ing was of great concern as a number of Lake Michigan fish species both
then and now contain PCBs in quantities exceeding Food and Drug Administra-
tion Guidelines. Administrative orders were issued by the U.S. EPA and the
Illinois Environmental Protection Agency (IEPA) requiring the company to
take certa n steps to eliminate discharges of PCBs. Although those steps
were taken, and discharges were significantly reduced, a great deal of
damage had already been done.
It was learned that during the years from at least 1959 to 1971, the com-
pany purchased approximately 9 million pounds of PCBs for use in hydraulic
equipment of its aluminum die cast machines, and a substantial amount was
discharged to the harbor and ditch. Some of the PCBs were carried into
the Lake where they contribute to the Lake Michigan PCB contamination
problem. The rest of the PCBs remain to contaminate the sediments and
biota of the Ditch and Harbor, and also to be transported into Lake
Michigan.
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SUMMARY OF THE LITIGATION
Following the breakdown of negotiations between the State of Illinois and
OMC during late 1977, the United States Attorney for the Northern District
of Illinois filed suit on behalf of the U.S. EPA in federal court against
OMC on March 17, 1978. The complaint alleges that OMC utilized hydraulic
fluids composed of PCBs in its Waukegan diecasting facility of Johnson
Outboards for many years, and that the leaks and spills of the fluid dis-
charged without treatment into Lake Michigan and Waukegan Harbor were a
violation of the Refuse Act, the Clean Water Act, and the common law of
nuisance. The United States further alleges that, as a result, Lake Michi-
gan waters and aquatic life have been harmed and pose a threat to health
and the environment. The complaint asks that OMC dredge and dispose of
North Ditch sediments in a safe manner, similarly clean up contaminated
Harbor sediments, and pay a money penalty for violation of the Clean Water
Act.
OMC subsequently filed a third-party complaint against its supplier of the
PCB-bearing hydraulic fluid, alleging negligence and a breach of products
liability law by the Monsanto Company as the manufacturer and supplier of
the PCBs. In addition, after a review of documents produced in discovery,
the United States also sued Monsanto in July 1980, alleging violations of
the Refuse Act, and negligence and products liability standards in Mon-
santo 's conduct as supplier of the PCBs.
Following the claim, Monsanto recently filed a crossclaim for reimburse-
ment against OMC. Finally, pursuant ..to :a. ruling by the-Seventh Circuit
Court of Appeals, the State of Illinois has been allowed to file its own
suit in federal court against OMC. While the State is currently partici-
pating in discovery, OMC has filed a petition for certiorari with the
Supreme Court asking for review of the Circuit decision. The Supreme Court
has not yet ruled whether it will consider the case.
Exchange of documents and interrogatory responses is substantially complete
in the enforcement case, and a number of depositions have been scheduled in
the next months. United States studies concerning the extent and gravity
of the contamination are expected to be completed by the end of December
1980. A discovery termination date of March 1, 1981, and a trial date
beginning April 6, 1981, have been set by the presiding judge. Whether
the case is resolved through settlement negotiations, the judge's decision,
or a jury's verdict, payment for cleanup and disposal has been requested
by both Illinois and the United States primarily of OMC as the direct
discharger, and also of Monsanto as the manufacturer and supplier of PCBs.
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In a related but separate action filed by OMC against U.S. EPA in March
1978, two of its claims under the Clean Water Act alleging U.S. EPA respon-
sibility for study and cleanup of Waukegan Harbor were denied upon motion
for summary judgement by U.S. EPA, and the third claim under Section 115
is awaiting trial before Judge Leighton.
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SECTION II: THE ENVIRONMENTAL PROBLEM
The environmental studies begun by U.S. EPA in 1976, to determine the nature
of the PCB problem and its associated environmental impact, have included
sampling and chemical analyses for sediments, water, soil, groundwater,
fish and airborne fallout with emphasis on Waukegan Harbor, the North Ditch,
the Johnson Outboards site, and nearby areas of Lake Michigan. Biological
engineering and transport studies to estimate the loading of PCBs to Lake
Michigan have been conducted.
We have determined that PCBs are distributed throughout Waukegan Harbor.
About 15,000 cubic yards are estimated to be contaminated beyond 500 ppm,
about 65,000 cubic yards beyond 50 ppm and substantially more yardage beyond
the 10 ppm level. The PCBs become suspended or dissolved and enter Lake
Michigan; additionally fish that frequent the harbor develop high PCB levels
as a result of exposure to contaminated sediment and elevated levels in
water. Studies have indicated that resident fish in the harbor accumulate
PCBs at levels well above the current level of 5ppm PCBs and the proposed
level of 2 ppm established by the Food and Drug Administration. Bluegills
and perch exposed to harbor waters for 30 days have accumulated averages of
20 ppm and 12 ppm, respectively. Studies also indicate that fish lose PCBs
when they return to Lake Michigan but still retain PCBs at an average level
of about 8 ppm afrter 84 days in the Lake. Information available to the
U.S. EPA indicated that fish exposed to sediments contaminbatedwith PCBs
will bioaccumulate PCBs above FDA limits when sediments exceed 10 ppm..PCBs;
Region V, U.S. EPA, defines sediments at 10 ppm as "highly polluted" and
unfit for lake disposal.
The most significant environmental problem in Waukegan Harbor is the con-
tamination in Slip No. 3. A substantial amount of the sediment in Slip
No. 3 is contaminated beyond the 500 ppm level, with some locations exceed-
ing 200,000 ppm (20% dry weight). This is where an OMC outfall was located
and is the most contaminated area of the harbor.
CONTAMINATION OF FISH IN WAUKEGAN HARBOR
The U.S. EPA has completed several fish studies in or utilizing waters
taken from Waukegan Harbor. The purpose of the studies, completed in mid-
1980, was to help determine the extent to which Harbor sediments serve as a
source of contamination in Lake Michigan fish.
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Two types of studies were conducted. In the first, random samples of fish
were collected from Waukegan Harbor water and analyzed for PCB levels. In
addition, uncontaminated fish were exposed for 30 days to the waters of Slip
No. 3 on the Harbor, then removed and placed for 84 days in water taken from
the open lake. These fish were then analyzed to ascertain the persistence
of PCBs they bioaccumulated while in Harbor waters. In each case, PCB
levels in the fish were measured for purposes of determining whether or not
they exceeded the existing Food and Drug Administration (FDA) guideline of
5 mg/1, or the proposed guideline of 2 ppm.
Analyses of 17 fish samples collected in Waukegan Harbor averaged 19 ppm of
PCBs for whole fish. All but three samples exceeded the 5 ppm FDA guideline
for the edible portion, and all but one exceeded the 2 ppm proposed limit.
The uncontaminated fish exposed to Waukegan Harbor waters retained levels
of PCBs approximating 20 ppm for whole fish (bluegills) and 12 ppm (yellow
perch) after 30 days of exposure. Levels remained at 8 ppm for both species
even after 84 days of exposure to "open" Lake Michigan water. In evaluating
this data, one should note that the edible portion of a fish is usually
lower in PCB concentration than the whole fish.
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FIGURE NO. I
EXTENT OF PCB CONTAMINATION
BOUNDARIES ARE ESTIMATES AND
WILL BE CONFIRMED IN DECEMBER,
NO SCALE
I I GREATER THAN 500 PPM
50-500 PPM
LESS THAN 50 GREATER
THAN 10 PPM
10 PPM OR LESS
SLIP NO,3
SLIP NO,I
LARSEN
MARINE
WAUKEGAN
PORT
DISTRICT
JOHNSON
OUTBOARDS
CITY
FILTRATION PLANT
LAKE MICHIGAN
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SECTION III: PLAN FOR REMOVAL OF PCBs CONTAMINATED SEDIMENTS
IN SLIP #3 IN WAUKEGAN HARBOR
We propose to begin cleanup in this area and proceed by building a lagoon
of 55,000 cubic yards capacity on OMC property. Then, 15,000 cubic yards
of sediment along with 35,000 cubic yards of water will be dredged with a
Hydraulic Suction Pipeline Dredge and placed in the lagoon. The sediment
will be de-watered and the water treated with an activated carbon system
to a less than 1 ppb level of PCBs before being returned to Waukegan Harbor.
A small sand filter and carbon filter system will provide continuing treat-
ment of runoff. This cost is estimated at more than two million dollars and
will not include disposal of the sediments from the lagoon. The lagoon
will be designed to prevent release of PCBs to the environment until such
time that permanent disposal of the de-watered sediments can be arranged.
We are investigating landfill ing and other alternate treatment and dis-
posal possibilities.
ENGINEERING SUMMARY FOR SLIP #3 DREDGING TREATMENT AND STORAGE SYSTEM
The summary encompasses the scope and costs associated with the engineering
design and construction related to a dredging, treatment and storage system
for 15,000 cubic yards of PCB contaminated sediments presently located in
Slip No. 3 of Waukegan Harbor, Waukegan, Illinois. The project includes
dewatering the dredge spoils in a lagoon on OMC property and returning clean
(less than^one part per -billion PCBs) water back to the Harbor. The
dredge spoils would remain in this lagoon until monies are available for
transportation to a permanent disposal site.
DESIGN OF LAGOONS
The lagoons would be built on top of the surface, with one foot of clay
base, six inches of sand-gravel containing a leachate collection network,
and three feet of compacted clay above the sand-gravel.
The lagoons will be sized to hold all the material removed from the harbor
plus adequate freeboard. Laboratory tests have demonstrated that a minimum
of two days (longer times are more desirable) of settling and dewatering
are required before the dredged sludge is dewatered to the point where it
can be hauled to a landfill. The longer the dredge spoil set in a lagoon,
the greater extent they are dewatered.
Quantities of Harbor sediments (all of the muck down to sand or clay but
not including sand or clay) to be removed are estimated below:
Location Concentration of PCB Quantity (cubic yards)
Slip 3 only over 500 ppm 15,000
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The following Lagoon capacity is needed for removing the Harbor sediment:
Sediment Removed Total Lagoon Capacity Lagoon Configuration
15,000 yds. 55,000 yds. One Lagoon
The lagoon has 2 feet of freeboard not figured into the capacity.
The 55,000 cubic yard lagoon capacity is based on slurrying 15,000 cubic
yards of sediment in Slip 3 with 35,000 cubic yards of water, plus 10
percent reserve. The entire slurry is transferred to the lagoon, and
the excess water is returned to the Harbor when the dredging is complete.
This method is less costly than providing a smaller lagoon (say 30,000
cubic yards) coupled with a much larger water treatment plant sized to
keep up with the dredging.
Preliminary calculations show that 15,000 cubic yards can be dredged from
the harbor and treated (dewatering in a lagoon, water returned to harbor)
but not including final hauling to a landfill at a cost under $2,000,000.
The 55,000 cubic yard lagoon is located in a certain area of OMC property
with the possible contingency that a second 55,000 cubic yard lagoon
can be later constructed adjacent to the first lagoon when monies are
available to dredge more of the Harbor (see Figure 1). The lagoon walls
can at a still later date be built higher to provide additional capacity
if needed. The maximum possible total capacity that can be safely provided
on the space available is estimated to be about 400,000 cubic yards; the
lagoon walls would be built to hold a 20 feet depth of dredged material
with this configuration. The dredge solids can be stored in the lagoon
until everything is removed as funding becomes available to remove and/or
treat more Harbor solids.
WATER TREATMENT
A weir exists at the end of the proposed lagoon which controls the water
level in the lagoon. The lagoon water spills over into a compartmentalized
basin. This consists of a flocculation area where polymer is added,
followed by a two hour detention for settling of solids, and a small,
clear well where a pump operating off level controls delivers water to
sand or dual media filters and carbon filters. Another clear well is
provided for finished water before discharge to the harbor; this water
can also be used to backwash filters. The treated water is returned to
the harbor. Sand or dual media filters and carbon filters can be retained
on a rental basis. In addition, a smaller sand filter and carbon filter
can be purchased to handle leachate and rain water after the sludges have
dewatered.
In the interest of saving money, operations can be carried out during
the non-freezing weather months (April-October) so that a building to
house equipment need not be constructed. Hoses lying on the ground convey
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water between equipment (if a break occurs, the water is returned to the
lagoon). A small building houses the permanent filters used to treat rain
and leachate water when the dewatering is completed. A suitable emulsion
is spread on the sludge surface after dewatering for dust control and
prevention of volatilization of PCBs to the atmosphere.
COST
Costs for removing 15,000 cubic yards from Slip 3, dewatering in one 55,000
cubic yard lagoon and returning treated water back to the harbor (less
than 1 ppb) are estimated to exceed $2 million. Costs for construction
of the lagoon are included.
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SECTION IV: POTENTIAL MECHANISMS FOR FUNDING SLIP #3 PLAN
There are four possible sources for funding of the plan to remove the con-
taminated sediments from Slip No. 3.
1. In the fall of 1980 Congress appropriated $1.5 million in FY81
funds to U.S. EPA "to begin the cleanup of Waukegan Harbor." It
is understood that EPA will attempt to recover such costs from
OMC through litigation.
2. Pursuant to Section 311 of the Clean Water Act, U.S. EPA can
initiate action to eliminate a pollution threat to a navigable
waterway of the United States, if the owner or operator of the
site is unable or unwilling to abate the threat.
On November 14, 1980, U.S. EPA wrote to OMC, citing Section 311
and demanding that the company begin the cleanup of Slip No. 3.
A response from OMC is required by December 3.
On November 20, 1980, at a meeting of the Regional Response
Team, U.S. EPA's plan for cleanup of Slip No. 3 was endorsed, and
authorization was given for expenditure of $100,000 of Section
311 funds for the engineering design studies, if OMC refuses to
take the action. Should U.S. EPA proceed to do the cleanup
under Section 311, OMC could be liable for the costs incurred.
3. Legislation currently pending in Congress, known as "Superfund",
would provide funding for cleanup of problems such as the con-
tamination of Waukegan Harbor.
4. It is anticipated that the litigative action against OMC will
result, either through settlement or court decision, in OMC's
and/or Monsanto's assumption of costs incurred in the Slip No. 3
cleanup operation.
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