&EPA
United States
Environmental Protection
Agency
United States
Environmental Protection Agency
Office of Enforcement and
Compliance Assurance
July 2012
EPA-330-S-12001
FROM MIDVALE SLAG TO BINGHAM
JUNCTION: A SUPERFUND SUCCESS STORY
Office of Site Remediation Enforcement
Successful projects to cleanup and reuse contaminated sites often require innovative and
dynamic technical solutions in conjunction with creative uses of enforcement mechanisms. This
case study explores how an EPA Region 8 project team adjusted their usual emphasis on
enforcement and cleanup to include consideration of future redevelopment at the Midvale Slag
Superfund site in Midvale City, Utah. The team developed innovative enforcement mechanisms,
in partnership with Midvale City, the site's owner, and other stakeholders, to foster cleanup and
reuse of the site.
These collaborative efforts included the development of a consent decree which provided the
site's owner with special account money to clean up the site, and the implementation of
Institutional Control Process Plans, which clarified long-term stewardship roles and helped
ensure future site protectiveness. These enforcement mechanisms were instrumental in
transforming a site with mountains of slag into Bingham Junction, an emerging redevelopment
project that has transformed Midvale City. Bingham Junction is now an environmentally
protective and thriving retail, commercial, and transportation center with new residential units
and recreational space. For more detailed information on the cleanup and mixed-use
revitalization at Midvale Slag, see Region 8's case study, linked at the end of this document.
MIDVALE SLAG: A POTENTIAL FOR REDEVELOPMENT
The Midvale Slag site is located in Midvale City,
Utah, adjacent to the City's downtown and just
twelve miles south of Salt Lake City. The 446-acre
site sits directly north of another Superfund site, the
Sharon Steel site. The Midvale Slag site operated as
a smelting facility from 1871 through 1958, during
which time five smelters on the property processed
lead and copper ore. Smelting operations and on-site
disposal of untreated hazardous substances resulted
in the contamination of soil and groundwater. As a
result of this contamination, EPA listed the site on
the National Priorities List (NPL) in 1991. The site
includes two operable units (OUs) representing
discrete areas of cleanup. The first operating unit is partially located in a residential area. In the
1990s, Midvale City experienced rapid population growth and economic expansion. The Midvale
Slag site was one of the only significant pieces of undeveloped land in the community. The
The Midvale Slag site is adjacent to the Jordan River
and directly west of downtown Midvale City.
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From Midvale Slag to Bingham Junction: A Superfund Success Story
2012
Smelter facilities processed ore on the
site for over 80 years.
potential redevelopment of the site presented an
opportunity for Midvale City, local citizens, and
Littleson, Inc., the site's owner, to clean up the site
and return it to productive use.
BUILDING RELATIONSHIPS WITH MIDVALE
CITY AND LITTLESON, INC.
Tensions between EPA Region 8, the Utah
Department of Environmental Quality (DEQ), and
Midvale City regarding the cleanup at the nearby
Sharon Steel Superfund site posed an obstacle to
redevelopment at the Midvale Slag site's second
operable unit. Midvale City and Littleson were concerned that EPA would take the same cleanup
approach at the Midvale Slag site as was taken at the Sharon Steel site. The Utah DEQ and EPA
addressed the Sharon Steel site cleanup by placing an impermeable cap over hazardous tailings,
which limited the site's reuse potential. The site was deleted from the NPL in 2004, but no
redevelopment has taken place. "There was a lot of resentment and anger over the fact that the
Sharon Steel site had been capped, and at that point, there wasn't any vision for how [the site]
could be reused," said EPA Project Manager Fran Costanzi. Cleanup activities at the Sharon
Steel site took place between 1989 and 1999, before reuse and redevelopment became an
important part of the Agency's remedial action objectives for a site. Also, the community's
priorities and redevelopment interests were not incorporated into the Sharon Steel site's Records
of Decision (RODs), and Midvale City and Littleson were wary that EPA would similarly not
make these concerns a high priority during the Midvale Slag site cleanup process.
In light of the issues raised by the Sharon Steel site cleanup and the fact that frequent staff
turnover prevented a cohesive direction from being formed on site reuse goals and
responsibilities, EPA tried a new approach. First, EPA focused on building stronger relationships
with Midvale City and Littleson. The situation improved
significantly when Fran Costanzi became the Remedial
Project Manager (RPM) for the site. "Fran was here at
least one to two days a week," said Midvale City Mayor
JoAnn Seghini, explaining that the "stability of a very
good project director was critical." Moreover, EPA
Region 8 attorneys Karen Kellen and Joni Teter joined
the project with open minds and a willingness to
collaborate with the City. "Karen can write as an
attorney and write so that we can understand it,"
remarked Development Site Coordinator Ray Limb.
The parties also collaboratively searched for innovative
ways to address a difficult funding issue. EPA's
enforcement efforts at both the Midvale Slag and Sharon
Steel sites had led to a series of settlements with most of
Anticipating Reuse:
Birth of Bingham Junction
In late 1999, EPA awarded a Superfund
redevelopment pilot project to Midvale
City. The project required extensive
community engagement and a detailed
assessment of community priorities,
local economic conditions, regional
market trends, and an environmental
review of the site. The project allowed
Midvale City to identify future land use
and create the Bingham Junction
Master Plan in 2000, which outlined
opportunities for many types of land
uses at the site.
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From Midvale Slag to Bingham Junction: A Superfund Success Story
2012
the responsible parties. The money from these settlements funded special accounts, which could
only be used for cleanup at these two sites. Littleson had not settled with EPA and was
potentially liable for the significant expenses associated with cleaning up the Midvale slag site.
The money in the special accounts had been reduced after the Sharon Steel cleanup, and could
not cover the estimated $30-40 million cleanup cost at Midvale Slag. Through the dedication and
hard work of EPA Region 8 and a willingness on the part of Littleson to take responsibility for
the cleanup, the parties developed a solution that incorporated the Agency's enforcement
priorities and set the groundwork for future site reuse and revitalization.
REDEVELOPMENT THROUGH INNOVATIVE ENFORCEMENT: THE 2004 CONSENT
DECREE
EPA field investigations showed that the cleanup decision
could address much of the on-site waste with specific
redevelopment interests in mind, so Midvale City rezoned
the site to allow for a variety of future uses. The 2002 ROD
outlined the remedy for the site's second operable unit and
included redevelopment as an "additional" remedial
objective. EPA entered into critical negotiations with
Littleson and Midvale City in 2003 to develop a consent
decree for the second operable unit.
EPA was initially concerned with the draft consent decree
provision which would provide Littleson with special
account money containing settlement funds from other PRPs
to clean up the site. The consent decree, however, included several provisions mutually agreed
upon by EPA and Littleson, which alleviated the Agency's concerns. The requirements imposed
on the company included the following:
• Spending controls that placed an emphasis on site cleanup by ensuring that no settlement
money could be used for development enhancements.
• Project milestones which provided EPA the ability to recognize whether Littleson was
meeting its cleanup obligations in a timely manner.
• Incremental reimbursement with settlement money from the site's special account for
cleanup activity paid by the company.
Littleson could, at its own expense, implement redevelopment-oriented improvements
simultaneously with the remediation to minimize the cost of future work. The company greatly
appreciated this approach and recognized it as a way to take responsibility for the cleanup while
moving redevelopment forward.
Under the terms of the consent decree, Littleson designed the remedy and cleaned up the site's
smelter waste. By conducting the cleanup, Littleson was able to perform the required work at a
substantially lower cost than EPA could, and integrated the groundwork for redevelopment as
Midvale City rezoned the site with specific
redevelopment interests in mind, including
commercial retail.
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From Midvale Slag to Bingham Junction: A Superfund Success Story I 2012
described under the Bingham Junction Master Plan. "Littleson could combine steps," explained
EPA Region 8 attorney Karen Kellen. By designing a long-term cleanup with the site's
anticipated reuse in mind, Littleson was able to lay the groundwork for the site's future
expansion by:
• Coordinating installation of utility corridors to minimize disturbances to the site's soils
and smelter wastes;
• Grading and capping smelter wastes in place as roadbed material;
• Reusing uncontaminated site materials as cover fill for the site's remedy; and
• Funding ground compaction enhancements to reduce the financial burden of future
development.
EPA also waived its property lien rights on the site for unrecovered response costs and provided
a covenant not to sue to all signatories to the consent decree, which included Littleson and
Midvale City. A covenant not to sue is a provision promising that EPA will not bring any future
legal actions against parties to the agreement regarding the site and the specific matters named.
Moreover, the covenant extended to future site owners, and provided that parties would not be
liable under the Superfund law for future activities as long as they exercised due care (such as
complying with the site's institutional controls).
The consent decree also included a section addressing future owners of the site who meet the
requirements of the bona fide prospective purchaser (BFPP) liability protection under Superfund.
"The BFPP section in the consent decree made it easier for future site owners to comply with the
BFPP requirements," said Karen Kellen. "Subsequent
site owners need not request any assurances because
To work best, institutional controls need ,, , ,, , , , c r u-i-^ " T»
to be part of a remedy. InMidvale City, we they know they are Protected from liability. By
were fortunate enough to have a very
engaged locality as our partner."
- EPA Project Manager Fran Costanzi
including a section that addressed the concerns of future
owners, the consent decree facilitated sale and
redevelopment by eliminating concerns of unknown
liability that often accompanies the perceived stigma of
Superfund sites.
LONG-TERM THINKING: CREATING EFFECTIVE INSTITUTIONAL CONTROLS
The cleanup plan for the site's second operable unit, completed in 2002, emphasized the
importance of institutional controls at the Midvale Slag Superfund site. Often known as land use
restrictions, institutional controls are non-engineered instruments, such as administrative and
legal controls, that help to minimize the potential for exposure to contamination and/or protect
the integrity of a cleanup. Institutional controls are vital to ensuring the protectiveness of the
site's cleanup over the long term. Midvale City assumed responsibility for the implementation
and enforcement of the site's institutional controls, helping to ensure long-term stewardship and
protectiveness of the site. EPA worked closely with the City to resolve institutional control
issues at the site.
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From Midvale Slag to Bingham Junction: A Superfund Success Story I 2012
EPA and Midvale City collaborated to develop two Institutional Control Process Plans, which
include local zoning, building, road and excavation permits, engineering design guidelines,
residential requirements, vapor mitigation controls for portions of the site, and controls on water
management and groundwater use.
To implement and oversee these institutional control plans and establish long-term stewardship
principles, Midvale City's Department of Community and Economic Development created a full-
time position to assist current and prospective property owners at the site by providing
informative materials, answering questions, and ensuring that all development activities meet
city ordinances. According to Mayor JoAnn Seghini, this position is "absolutely necessary"
because "builders are cognizant of what they can and can't do. Builders have someone they can
go to." Midvale City's role in implementing the institutional controls is critical to the long-term
redevelopment taking place at Bingham Junction. The city's willingness to step in early and take
responsibility for long-term stewardship has made it very easy to market the project. New
developers now immediately know that institutional controls are a necessary part of any building
permits, and this eliminates uncertainty in the development process.
CLARIFYING LONG-TERM STEWARDSHIP ROLES
The Institutional Control Process Plans identified the following roles and responsibilities:
MIDVALE CITY
• Updating and managing local land use tools and ordinances
• Reviewing site plans
• Conducting site development inspections
• Verifying private covenants and deed restrictions for residences
EPAANDUDEQ
• Groundwater monitoring
• Oversight of some residential development
LANDOWNERS
• Compliance with the Institutional Control Process Plans
• Disposing of any excavated contaminated site soils in appropriate facilities
• Ensuring that covenants and deed restrictions are conveyed and communicated
during property transactions
To facilitate coordination, Midvale City, EPA, and Utah's DEQ hold weekly coordination calls
to discuss the progress of the Bingham Junction redevelopment and cleanup. Moreover, Midvale
City has authority to make on-the-spot decisions to accept alternative redevelopment designs that
comport with the remedy. This allows the city to be flexible as to redevelopment while still
incorporating effective institutional controls.
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From Midvale Slag to Bingham Junction: A Superfund Success Story I 2012
With continued productive coordination, the surface area of the Midvale Slag site is poised to be
deleted from the NPL. Construction of the final riverbank stabilization remedy along 7,000 feet
of the adjacent Jordan River and installation of the post-cleanup groundwater monitoring
network was completed in 2011. Groundwater and surface monitoring, as well as five-year
reviews, will ensure that human health and the environment are protected for current and future
site users.
REVITALIZATION AT BINGHAM JUNCTION
The Midvale Slag site during cleanup. The Bingham Junction development after
cleanup includes residential units.
The Bingham Junction development at Midvale City is an example of how collaborative
relationships result in new economic opportunities and community-wide benefits. According to
Mayor JoAnn Seghini, the site's redevelopment has had a ripple effect on the community, since
BINGHAM JUNCTION TODAY: BENEFITS OF REUSE
What was once a site with mountains of slag is now an emerging redevelopment project that has
transformed Midvale City. While only about 20 percent of the site is redeveloped, it has infused Midvale's
economy with:
• Approximately 600 new jobs
• $1.5 million in annual property tax revenues
• A $ 131 million increase in the value of the site property
Specifically, this mixed-use redevelopment has so far taken the form of:
• A 95,000-square-foot grocery store
• 175,000 square feet of Gold and Silver LEED-certified office space (regional headquarters of
FLSmidth, an international mineral and cement industry service provider)
• Over 1,000 completed residential units, including condominiums, apartments, and townhomes
• A Utah Transit Authority (UTA) light rail station, which serves the rapidly growing southwest
region of the Salt Lake Valley
• Riverwalk Park, an 18-acre park with local and regional trails
• 20 acres of open space with a wetland mitigation area
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2012
it has provided "an advantage to everyone in the county, not just the people nearby." EPA
strongly supports this collaborative approach to redevelopment, and also places a high priority on
supporting the cleanup and return of formerly contaminated sites to productive and beneficial
reuse.
EPA was able to satisfy its enforcement priorities while
coordinating with the goals and interests of the
community, site owners, and other stakeholders so as not
to serve as an impediment to the reuse of the site.
Enforcement tools such as the 2004 consent decree with
Littleson and the Superfund program's remedial process
provided detailed site information to inform
redevelopment. By learning lessons from the failure to
anticipate long-term stewardship and site redevelopment
at the Sharon Steel site, the Midvale Slag site was able
to succeed and now serves as a shining example of how
EPA's enforcement tools can play an important role in
revitalizing contaminated properties.
EPA WEBSITE RESOURCES
A Utah Transit Authority light rail station opened in
2011 and is another example of mixed-use
redevelopment at the site.
EPA has a number of website resources with more information on the Midvale Slag site and
redevelopment, and on its cleanup enforcement program, more generally. The EPA Region 8
case study on Midvale Slag, entitled "Cleanup and Mixed-Use Revitalization on the Wasatch
Front," can be found at http://epa.gov/superfund/programs/recycle/pdf/midvale-2011-case-
study.pdf The Region 8 site progress profile, which includes site decision documents, is at
http://www.epa.gov/region8/superfund/ut/midvale. EPA's cleanup enforcement website, which
includes links to information on the landowner liability protections (including BFPP), is found at
http://www.epa.gov/compliance/cleanup/revitalization/index.html. Finally, the EPA Superfund
Redevelopment Initiative website is at http://epa.gov/superfund/programs/recycle/. This site
includes profiles of other site reuse success stories.
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