) IJmiddotil]

COMMISSIOfiW STAFf JOHN f JIUDGES CMIshyCHA~E IAUY WIWAUA HEALY Ipound JOHV C COWN IE EuntlifDishyDEUpoundbullTF OOMNING ~USSEU DUMAIS lMNIU COUINS I E HUJE~T A FJNCHCif OptllrbMIIiwO-W IUCIWW 11 FLYNN fNa4t fTJtfryen ltuui 9UIIIii-~Womn~ Glrfbf- WLIUiff WIA(ipound bullJANES I IACE JH (I) - F I i1JOlaquo 9S WArNpound L IATENAUDC 1M VID G SCOTT 11-- Yy( 01301WIWAN T WALLACE IID MIH

PU BLIC ME ETING

EPPING TOWII HALL

EPPING flEW HAMPSHIRE

August 28 1985

730PM

KEEFE ENVIRONMENTAL SERVICES SITE

AGENOA

- On-going Remedial Invest1gat1on - Fea s1b111ty Study - Project Schedule

Representatives

Michael A Sflls~ Ph D PE Of rector Hazardous llaste Section NHWSampPCC Carl W Baxter PE Acting On-Scene Coordinator NHWSampPCC Chet Janowski Project Officer US E PA -Regfon I Boston HA John Adams PE Camp Dresser amp f1cKee Inc (States Consultant) Boston MA

) Site Sulllftlry

Keefe Environmental Services Site (KES) Epptng New Hampshire

Site Background

The Keefe Environmental Services stte 1s located just off heter Road (Old Rte 101) approx1Mitely two 111les southeast of the ntctpal center pf Epping New Ha111Psh1re The stte occupies sh to seven acres of land north of Exeter Road and south of the P1scasstc River Prior to rnedtal actions the stte was known to contain over 4100-Jbandoned 55-gallondruras of industrial chmtcals four 5000-gallon aboveground storage tanks seven dumpsters contatntng sludges and conta111tnated sons and a 600000middotga11on open storage lagoon

ICES 1s 11sttd on the United States Environmental Protection Agency (EPA) Nati onal Prtor1ty L1st of disposal sttes tn the country Funds for cleanup at thh site COlle fr011 the Federal COIIPrehenshe Env i romental Response COfllpensation and L1ab1lity Act of 1980 (CERCLA) and the state Hazardous Waste Cleanup Fund

Beginning 1n May 1978 KES operated a haurdous waste bulking and transfer flc111ty Over the next 30 110nths ltES recehed over 1 bull11Hon gallons of haurdous bullterials

In January 1981 ICES f1led for bankruptcy and the s1te was abandoned Due to threats to the environMnt EPA began an rgency cl11nup action progra11 Thh included the draw-down of the 600000tallon lagoon which was overflowing over-packing of da~~aged drUIIS and stab11tzatton and separation of the 4100 driJIIS according to category

At present all drum storage tanks and dUIIPSters have been r1110ved to hazardous waste treatMnt flc111t1es The lagoon decCM~1ss1on1ng project was cOfllpleted despite severe winter operating conditions in early 1984 The 1110unt of hazardous liquids r1t10ved fron1 the site was 580000 gallons and taken to Oupontbulls Haurdous Waste Treatllent Facility in Deep shywater New Jersey and 470 tons of sludge and 124 tons of conta111nated son were taken to the SCA hazardous waste secure landfill in Model City New York Further work on the lagoon deconn1ss1on1ng included 11ner reshyIIOVal partial bem de110l1tton and conta1111nated son disposal

middot Of primary concern are natural resources near the site espectally groundwater and two surface streams which originate adjacent to the site Surface water accumulating in the swamp area at the northwest corner of the site drains northwesterly toward the Ptscasstc Rher vta a brook which flows beneath the gravel pit access road Surface water frora all other sect ions of the site flows southward toward a swampy area tillshymediately north of Exeter Road Surface water subsequently flows eastshy1u ward f r0111 this swamp and finally northward a short distance to the east

)

-2shy

of the KES s i te Both brooks eventually dntn 1nto the Phcass tc River whtch h used seasonally as a drtnktng water source for the Town of New~ 111rket

The remains of 1 bullnmade hazardous waste lagoon are located tn the northeast quadrant of the site The lagoon was empt1ed and brtlthtd tn early 1984 by a contractor engaged by the New Hnpsh1re Water Supply and Pollutton Control Conntsston (WSPCC) The center of the stte 1s occupied by three bu11dtns and the breached lagoon A 20 x 40 deconta11tnatton pad which was installed under the State and EPA sponsored 4100 drubull reshyJtOvl contract conducted tn 1983 ts located tn the southwesterly area ofthe stte

The WSPCC has completed t he stte Remedial Invest tgatton and h planshyning t o contract wtth Callp Dresser bull Mc Kee consul tt na engineers to conduct th~ Feu1btlt ty Study bull It 1s ant t ctpa ted t he draft Feutb111ty Study which wt ll detemt ne t he best bull nner to f i nalty close th~ stt~ would be ava tl abl e t n Spr tngearly Sunner 1986

ij 011

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lgtor O CIgt 0

~~ 0

() SJtt Hhtorv

Narch 29 1978

Mly 31 1118

April 1919

llay 1119

In a letter to the Epping Planning Soard Paul Keefe proposed to construct a chical wtstt storshy111 end bulking flc111ty Under thts plan NIpoundX Inc would own the stte and KpoundS Inc would own all butldtngs and equt~nt and would operate the fa shycility Both corporations wre controlled by Mr Kttfe

Planntno Board apprond KpoundS sttt plan

Subsequent to Planning loard tpproval US betan operation by establtshtng dru storage art as and tnstalltng storage tanks equ1pt~~nt shelters and bulking area In 1918 KES tn stalltd 1 synethett shycally 11n~d lagoon Operations at the stte were period i cally tnsp~c ted by State and Town off t ct als and r t COIIRiendattons we re N de to 1111P rove s t te oper shyat i ons

The New Hampshtre Burea u of Solid Waste Managffllent (BSWII) D1vh1on of Pub11c Health Sen1ces (DPHS) ord~red kES to clean- up leaktng storage tanks rupshytured druJH conta11tnated sotls and a pool of illshyproperly dump~d latex wastes

As a result of frequ~nt odor complaints fr011 rest shydents the Town of Epping tnstttuted legal action against KES tn Rock1nghall County Sup~rior Court The Town r~tatned an engineering consultant (Wehran poundng1neertng) to perfom site tnvesttgattons

-3shy

KES retained an engtneertng consultant (Envtronbullnshytal Engineers Inc ) to perfom an independent study

July 1 1979 New Hantpshtre Hazardous waste Law bttafllt effective

September 1919 Towns consultant (Wehran Eng1neertng) started hydrogeologic tnvesttgattons at the stte

Septefllber 27 1919 BSWH started well-salpltng progra111 at ltES and local residences

OCtober 16 1979 WSPCC startedmiddot separate well nrapltng progrn Local streaiH were also stllpltd Carbon tetrashychloride and chlorofom were detecttd tn the strea11 to the northwest of the stte

Novlllber 1919 In a second cleanup order issued to KES by the State the latter declared that 1t had found seven chlorinated hydrocarbons tn KES wells Those chbulltnls wtre bullthylene chloride 111-trtchloroshyethane 112-trtchloroethane trtchlorotthylene tetrachloroethylene carbon tetrachloride and chlorofo The order addressed tht hazardous conshyditions at tht Epptni flctltty as an tatntnt hlzshyerd under tht authority of Chapter 14754 Jt called for the rt110V1l of 111 ltllt1nt druM the cleanup of sptlls 1nd contbullbullhlttd son the storshylgt of drum on pallets the d1tly tnspectton of druan for ltlks tht labt111nt of drUIIS stPirltt cell storage of tncQ~~Patiblt westts secure storage of ptst1ctdes 1 reduction in the tot1l nUIIIber of drs on-sttt 1 ftre contingency pl1n 1nd stlb1shy11zltion of the -1110unt of hiZinlous westes ICetpted ot the hctllty

Also stlrttng in Novtlllber 1979 WSPCC SIIIIPled the drinking weter wells of surrounding residences for ch11111c1l 1nd btologiul perabullten This wes done 1pprox1111tely each fllOnth for six 110nths due to sus shypected surface 1nd groundwater conta11tnatton frOM the KES s1te Also in Novtlllber 1919 KES tnshys~alled four new r10nttortng and observation wells tn add1t1on to the ftve observation wells previous shyly installed

Oecellber S 1979 In response to the Stltebulls November order KES ftled a motton for a rehearing on December S 1979 denying that the conditions at the bulking and treatment fac111ty in Epptng constituted an tmeshydiate threat to pub11c health and the environment

011

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~ -lt0

~~ ~ltZ or nltn 0 11

0~ n

)

January 1980

February 29 1980

Apr11 23 1980

-4shy

IC[$ asserted that the Scope and t1bull dead11nes of the Novtmber 1919 order were unreasonable tn 11ght of exhttng weather cond1ttons KES clat~~ed the order was bullarbitrary caprtdous tnd unreasonable tn that tt was hsued without the 8~ ftrst having adopted rules under RS 1414911 to establish crt shyterta whereby tt could be reasonably detetned whether the fac111ty was betng runaged tn an envt shyTOMfntally sound Minner without threlt to the pubshyHe health and safety bull

Also tn Decelllber 1 Masterbulls Report (Town of Epping nrsus Paul A Keefe et al) called for clean-up Masures s1bull11ar to those described tn the States Novellber 1919 order and further required tnllyttcal t esti ng of every dru111 etiiPloyee safety equtpn~~nt end penahston for unannounced on-stte tnspecttons by the Town

Further tn Oecllllber 1919 after KES ftlltd a wetshylind 1re1 to allow access to four newly installed observation wells the WSPCC tnued 1 wttltnds vtoshylltton to Kttft ordering KES to rtfrttn fiOII tll construct1on tct1Y1t1ts until the requhtte perwtts were granted In a bulltton for rehtartng Ptul Kttft dented that he was filling surflct waters or that any sign1ftcant alterttton of the character of the terrain had taken pltct tn such a bullnner u to 111Pede the natural runoff or create an unnatural runoff A continuance on the 110tton for rehearing was granted unttl February 1980 when Kttft subshybullttted a Dredge and Fill application to tht State which was subsequently approved by the Wetlands Board

After cla1bull1ng violations of New Htlllpshtres hushyardous waste regulations the State entered a peshytttton in Rocktnghart County Superior Court for a Mandatory injunction and civil penalty agatnst Paul A Keefe Keefe Environmental Services Inc and Atltx Inc middot

The State advised KES that three addtttonal IIOnt shytortng wells were required KES 1nd1cated that the wells would not be installed before August

A court order established ground rules by whtch kES could continue to operate tn a safe manner whtle abating the nuisance present on-stte The court found Keefes noncOrtPltance wtth the December l 1979 order to be not one of willful d1sobedtence but rather one of 1nab1ltty to COIIIPlY fully wtth

)

om ~ zz ~lt

~ 0 0

~~ ~ltZ ol g~ ~~

0

June 5 1980

I U

-5shy

the order partially because of tts effecton htS bust ness and 1ncone Keefe dtd not c011ply wtth the required number of ftre exttnguhhe and wtth the requtrtfllent that tfiPloyees wear safety clothing at 111 tt11es Also dr1111 reduction had not occurred at the nte set by the court The total drUM tn shy

ventory had been reduced by only 1478 whereas the order 111ndated that they be reduced by 2750 on or before Apr11 1 1980 The court found that the stte IS tt was operated at the t1M no longer presented a grave and t~aedtate threat to hUIIIn pub11c health and the envtrom~ent beyond tts bounshydaries The court stated that the bulljortty of life threatening conditions previously exhttng had been brought wtthtn SOIJif stlllblance of control However the following orders were tnued to KES to further abate the ex1st1ng nuisance of the s1 te

- Pen~~nent 1nstlllat1on of connerc1al fire exshytinguishers

- 1 MiniiiiUII of 50 drUM tiCh MOnth wre to be per shyMlntntly raoved fiOII the s1te raoval was to continue until the drUIIIS hid bttn reducd tomiddot 2000 which nUIIIbtr wes not thereafter to bt inshycreased

- the state was to bt provided v1th MOnthly gross inc0111 receipts

- ttiiPloyees wre to vur protective clothing

110n1toring wells vert to be sallll)ltd at least MOnthly for such substances as the state reshyquired

- on-site inspections by state off1chls were to be allowed

- the use of the lagoon vas to cease and

- all MOn1tor1ng prograras in effect at the tinlf regarding leaking containers wert to continue

The Attorney Generals Office not1f1ed KES of the States recornended samp11ng and analysis proceshydures for new and existing monitoring wells and surface waters on and around the KES s1 te The reshyquired analytical parameters included color COD nitrogen 1ron manganese chro~~1ull copper arse shynic potassiu11 sodiu11 zinc chloride pH speshyc1f1c conductivity sulfate total dissolved solids

)

SeptlltOber 9 1980

January 21 1981

_j

February 27 1981

larch 3 1981

Aprtl 14 1981

and total organtc carbon A 110nthly gas chrONtoshyvraph scan was rec011111ended 1n order to tdenttfy and quantify any volatile and non-volatile orvantcs tn the sanaple Surface waters adjacent to the lpoundS stte were to be tlll111ned on a quarterly bls1s

Masters Report (Town of Epping and SUte of Mtw Hampshire versus Paul A Keefe et al) reiterated the areas of non-c011pltance of the previous order During the tntert11 period fiOII Septtllber 9 1180 unt11 NovNber 21 1980 kpound5 WIS to cceply v1th the clean-up order 111ndattng that no 110re than 6000 dru111s be on-site as of Novetllber 21 1980

Due to ftnanctal constraints Keefe poundnv1rortnta1 Services Inc filed for reorvantutton tn FHeral Bankruptcy Court Following a U S llnkruptcy Court tnvesttgatton which showd that 1 reorganizashytion plan could not be f olattd to successfully operate ICES Keefe ftltd for voluntuy blnkruptcyand the stte wes abandoned

Due to threats to the envhmiddota~t the EPAs 011 and Hlnrdous bullterials group and Ecology aiMI Enshy

viron~~ents Technical Ass1sUinct ltM (TAT) instishytuted clean-up actions at the ICES s1tt

Lagoon wes SIIIPled on Ftbruuy n 1181

EPA declared an tlltrgtncy at the ICES site because the lagoon wes close to overflowing EPA Field Investigation Teabull (FIT) Contractor began s1tt 1nshyvesttgattons tncludtng tlltl9tncy lagoon belll st- btl hatton wort under Section 311 K fundtng

EPAs Ellltrgency Response Teabull (ERT) fro Edison NJ used 1 110btle carbon f11ter untt to draw the lagoon down 3-12 feet Lagoon WIS eventually drawn down four re ttMs due to potent1bull1 overshyflow fr0r11 rainfall

During the Sprtng of 1981 r1s1ng tnper1tures caused expansion of drUftl contents resulting tn rupturing and leaking on the ground The increased tetr~Perature also bullccelerated detertorltton of drum contatntng actd EPA engaged Marlyn Engtneertng for a dru11 stabilization prograbull consisting of overpacking poly-capping snap-capping or transshyferring ruptured drwtS Included was a subcontract with Rocktnghalll Security for a 24-hour security guard at the site These contracts were funded under the Comprehenshe Envtronlltntal Response Coshypensatlon and Liability Act of 1980 (CERCLA)

0~ zzH lt CO M -co 00 lgtZ-n H ltZ_

lgt or ocn 000o

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)

August 13 1981

December 15 1981 Janary 1 1982

January 13 1982

March 24 1982

July 1982

__ FIT submitted Pre11bulltnary Stte Assessn~ent Report

FIT perforwed stte tnspecttons

fiT subnlttted Assess~~ent of Alternathes for Tmshyporary Stabtltlltton of Lagoon ii FIT subclttted proposed work plan for future acttons 0

~ zzEPA engaged a contractor to 1bull1nent hea1th ~lt

hazards (such IS shod-senstthes explosives ~ -10 weter reacthes toxtc gues and spontaneous COIIshy 00

lgtZbusttbles) fnNI warehouses at stte In addttton -ll

storage tank contents were to be rHOved as well as ~ltZ dupsters

or EPA detetntd that tntttal rlllld111 Masures IS 0lt1gt defined tn the National Contingency Plan (NCP) ue 0

appropriate for the KES stte The Zone 1 Contracshy os tor WIS notified to prepare a RIMdtal Actton n linter Plan (RAIIP) RAMP WIS sutttted

~~~S~~thi~~Ytd~~~~~~l ~~l~o~~~act d~ wstes f~ the site

Ttghe I Bond tRgaged by WSPCC to perforw a red111 1nvtst1gat1on and to prepare lagoon Just1f1cat1on docunt and btd doc~nts for lagoon decatss1onshy1ng

D and bulk weste ret10val contract CCMIIPleted

WSPCC envaved obullAppolonta waste Mlnagt~~tnt Services to rtCIOYe llgoon contents and deca-1ss1on the lashygoon

obullAppolonta COIIIPleted the lagoon deconnhstontng proJect

Prel1111tnary draft ret~tdtal tnvesttgat1on (RI) reshyport subtl1tted by T1ghe l Bond

EPA awards WSPCC a grant to contract wtth Camp Dresser amp McKee consulting engineers to conduct a bullSuperfundbull feasibility study (FS) The FS is to deten~tne the opt1mufl remedial actions to be taken to re110ve any public health or env1roMental risk and finally close the stte

) Site Sulllftlry

Keefe Environmental Services Site (KES) Epptng New Hampshire

Site Background

The Keefe Environmental Services stte 1s located just off heter Road (Old Rte 101) approx1Mitely two 111les southeast of the ntctpal center pf Epping New Ha111Psh1re The stte occupies sh to seven acres of land north of Exeter Road and south of the P1scasstc River Prior to rnedtal actions the stte was known to contain over 4100-Jbandoned 55-gallondruras of industrial chmtcals four 5000-gallon aboveground storage tanks seven dumpsters contatntng sludges and conta111tnated sons and a 600000middotga11on open storage lagoon

ICES 1s 11sttd on the United States Environmental Protection Agency (EPA) Nati onal Prtor1ty L1st of disposal sttes tn the country Funds for cleanup at thh site COlle fr011 the Federal COIIPrehenshe Env i romental Response COfllpensation and L1ab1lity Act of 1980 (CERCLA) and the state Hazardous Waste Cleanup Fund

Beginning 1n May 1978 KES operated a haurdous waste bulking and transfer flc111ty Over the next 30 110nths ltES recehed over 1 bull11Hon gallons of haurdous bullterials

In January 1981 ICES f1led for bankruptcy and the s1te was abandoned Due to threats to the environMnt EPA began an rgency cl11nup action progra11 Thh included the draw-down of the 600000tallon lagoon which was overflowing over-packing of da~~aged drUIIS and stab11tzatton and separation of the 4100 driJIIS according to category

At present all drum storage tanks and dUIIPSters have been r1110ved to hazardous waste treatMnt flc111t1es The lagoon decCM~1ss1on1ng project was cOfllpleted despite severe winter operating conditions in early 1984 The 1110unt of hazardous liquids r1t10ved fron1 the site was 580000 gallons and taken to Oupontbulls Haurdous Waste Treatllent Facility in Deep shywater New Jersey and 470 tons of sludge and 124 tons of conta111nated son were taken to the SCA hazardous waste secure landfill in Model City New York Further work on the lagoon deconn1ss1on1ng included 11ner reshyIIOVal partial bem de110l1tton and conta1111nated son disposal

middot Of primary concern are natural resources near the site espectally groundwater and two surface streams which originate adjacent to the site Surface water accumulating in the swamp area at the northwest corner of the site drains northwesterly toward the Ptscasstc Rher vta a brook which flows beneath the gravel pit access road Surface water frora all other sect ions of the site flows southward toward a swampy area tillshymediately north of Exeter Road Surface water subsequently flows eastshy1u ward f r0111 this swamp and finally northward a short distance to the east

)

-2shy

of the KES s i te Both brooks eventually dntn 1nto the Phcass tc River whtch h used seasonally as a drtnktng water source for the Town of New~ 111rket

The remains of 1 bullnmade hazardous waste lagoon are located tn the northeast quadrant of the site The lagoon was empt1ed and brtlthtd tn early 1984 by a contractor engaged by the New Hnpsh1re Water Supply and Pollutton Control Conntsston (WSPCC) The center of the stte 1s occupied by three bu11dtns and the breached lagoon A 20 x 40 deconta11tnatton pad which was installed under the State and EPA sponsored 4100 drubull reshyJtOvl contract conducted tn 1983 ts located tn the southwesterly area ofthe stte

The WSPCC has completed t he stte Remedial Invest tgatton and h planshyning t o contract wtth Callp Dresser bull Mc Kee consul tt na engineers to conduct th~ Feu1btlt ty Study bull It 1s ant t ctpa ted t he draft Feutb111ty Study which wt ll detemt ne t he best bull nner to f i nalty close th~ stt~ would be ava tl abl e t n Spr tngearly Sunner 1986

ij 011

~ zz ~ lt ()~ -0

~ -X ~ lt Z

lgtor O CIgt 0

~~ 0

() SJtt Hhtorv

Narch 29 1978

Mly 31 1118

April 1919

llay 1119

In a letter to the Epping Planning Soard Paul Keefe proposed to construct a chical wtstt storshy111 end bulking flc111ty Under thts plan NIpoundX Inc would own the stte and KpoundS Inc would own all butldtngs and equt~nt and would operate the fa shycility Both corporations wre controlled by Mr Kttfe

Planntno Board apprond KpoundS sttt plan

Subsequent to Planning loard tpproval US betan operation by establtshtng dru storage art as and tnstalltng storage tanks equ1pt~~nt shelters and bulking area In 1918 KES tn stalltd 1 synethett shycally 11n~d lagoon Operations at the stte were period i cally tnsp~c ted by State and Town off t ct als and r t COIIRiendattons we re N de to 1111P rove s t te oper shyat i ons

The New Hampshtre Burea u of Solid Waste Managffllent (BSWII) D1vh1on of Pub11c Health Sen1ces (DPHS) ord~red kES to clean- up leaktng storage tanks rupshytured druJH conta11tnated sotls and a pool of illshyproperly dump~d latex wastes

As a result of frequ~nt odor complaints fr011 rest shydents the Town of Epping tnstttuted legal action against KES tn Rock1nghall County Sup~rior Court The Town r~tatned an engineering consultant (Wehran poundng1neertng) to perfom site tnvesttgattons

-3shy

KES retained an engtneertng consultant (Envtronbullnshytal Engineers Inc ) to perfom an independent study

July 1 1979 New Hantpshtre Hazardous waste Law bttafllt effective

September 1919 Towns consultant (Wehran Eng1neertng) started hydrogeologic tnvesttgattons at the stte

Septefllber 27 1919 BSWH started well-salpltng progra111 at ltES and local residences

OCtober 16 1979 WSPCC startedmiddot separate well nrapltng progrn Local streaiH were also stllpltd Carbon tetrashychloride and chlorofom were detecttd tn the strea11 to the northwest of the stte

Novlllber 1919 In a second cleanup order issued to KES by the State the latter declared that 1t had found seven chlorinated hydrocarbons tn KES wells Those chbulltnls wtre bullthylene chloride 111-trtchloroshyethane 112-trtchloroethane trtchlorotthylene tetrachloroethylene carbon tetrachloride and chlorofo The order addressed tht hazardous conshyditions at tht Epptni flctltty as an tatntnt hlzshyerd under tht authority of Chapter 14754 Jt called for the rt110V1l of 111 ltllt1nt druM the cleanup of sptlls 1nd contbullbullhlttd son the storshylgt of drum on pallets the d1tly tnspectton of druan for ltlks tht labt111nt of drUIIS stPirltt cell storage of tncQ~~Patiblt westts secure storage of ptst1ctdes 1 reduction in the tot1l nUIIIber of drs on-sttt 1 ftre contingency pl1n 1nd stlb1shy11zltion of the -1110unt of hiZinlous westes ICetpted ot the hctllty

Also stlrttng in Novtlllber 1979 WSPCC SIIIIPled the drinking weter wells of surrounding residences for ch11111c1l 1nd btologiul perabullten This wes done 1pprox1111tely each fllOnth for six 110nths due to sus shypected surface 1nd groundwater conta11tnatton frOM the KES s1te Also in Novtlllber 1919 KES tnshys~alled four new r10nttortng and observation wells tn add1t1on to the ftve observation wells previous shyly installed

Oecellber S 1979 In response to the Stltebulls November order KES ftled a motton for a rehearing on December S 1979 denying that the conditions at the bulking and treatment fac111ty in Epptng constituted an tmeshydiate threat to pub11c health and the environment

011

~zz ~lt

~ -lt0

~~ ~ltZ or nltn 0 11

0~ n

)

January 1980

February 29 1980

Apr11 23 1980

-4shy

IC[$ asserted that the Scope and t1bull dead11nes of the Novtmber 1919 order were unreasonable tn 11ght of exhttng weather cond1ttons KES clat~~ed the order was bullarbitrary caprtdous tnd unreasonable tn that tt was hsued without the 8~ ftrst having adopted rules under RS 1414911 to establish crt shyterta whereby tt could be reasonably detetned whether the fac111ty was betng runaged tn an envt shyTOMfntally sound Minner without threlt to the pubshyHe health and safety bull

Also tn Decelllber 1 Masterbulls Report (Town of Epping nrsus Paul A Keefe et al) called for clean-up Masures s1bull11ar to those described tn the States Novellber 1919 order and further required tnllyttcal t esti ng of every dru111 etiiPloyee safety equtpn~~nt end penahston for unannounced on-stte tnspecttons by the Town

Further tn Oecllllber 1919 after KES ftlltd a wetshylind 1re1 to allow access to four newly installed observation wells the WSPCC tnued 1 wttltnds vtoshylltton to Kttft ordering KES to rtfrttn fiOII tll construct1on tct1Y1t1ts until the requhtte perwtts were granted In a bulltton for rehtartng Ptul Kttft dented that he was filling surflct waters or that any sign1ftcant alterttton of the character of the terrain had taken pltct tn such a bullnner u to 111Pede the natural runoff or create an unnatural runoff A continuance on the 110tton for rehearing was granted unttl February 1980 when Kttft subshybullttted a Dredge and Fill application to tht State which was subsequently approved by the Wetlands Board

After cla1bull1ng violations of New Htlllpshtres hushyardous waste regulations the State entered a peshytttton in Rocktnghart County Superior Court for a Mandatory injunction and civil penalty agatnst Paul A Keefe Keefe Environmental Services Inc and Atltx Inc middot

The State advised KES that three addtttonal IIOnt shytortng wells were required KES 1nd1cated that the wells would not be installed before August

A court order established ground rules by whtch kES could continue to operate tn a safe manner whtle abating the nuisance present on-stte The court found Keefes noncOrtPltance wtth the December l 1979 order to be not one of willful d1sobedtence but rather one of 1nab1ltty to COIIIPlY fully wtth

)

om ~ zz ~lt

~ 0 0

~~ ~ltZ ol g~ ~~

0

June 5 1980

I U

-5shy

the order partially because of tts effecton htS bust ness and 1ncone Keefe dtd not c011ply wtth the required number of ftre exttnguhhe and wtth the requtrtfllent that tfiPloyees wear safety clothing at 111 tt11es Also dr1111 reduction had not occurred at the nte set by the court The total drUM tn shy

ventory had been reduced by only 1478 whereas the order 111ndated that they be reduced by 2750 on or before Apr11 1 1980 The court found that the stte IS tt was operated at the t1M no longer presented a grave and t~aedtate threat to hUIIIn pub11c health and the envtrom~ent beyond tts bounshydaries The court stated that the bulljortty of life threatening conditions previously exhttng had been brought wtthtn SOIJif stlllblance of control However the following orders were tnued to KES to further abate the ex1st1ng nuisance of the s1 te

- Pen~~nent 1nstlllat1on of connerc1al fire exshytinguishers

- 1 MiniiiiUII of 50 drUM tiCh MOnth wre to be per shyMlntntly raoved fiOII the s1te raoval was to continue until the drUIIIS hid bttn reducd tomiddot 2000 which nUIIIbtr wes not thereafter to bt inshycreased

- the state was to bt provided v1th MOnthly gross inc0111 receipts

- ttiiPloyees wre to vur protective clothing

110n1toring wells vert to be sallll)ltd at least MOnthly for such substances as the state reshyquired

- on-site inspections by state off1chls were to be allowed

- the use of the lagoon vas to cease and

- all MOn1tor1ng prograras in effect at the tinlf regarding leaking containers wert to continue

The Attorney Generals Office not1f1ed KES of the States recornended samp11ng and analysis proceshydures for new and existing monitoring wells and surface waters on and around the KES s1 te The reshyquired analytical parameters included color COD nitrogen 1ron manganese chro~~1ull copper arse shynic potassiu11 sodiu11 zinc chloride pH speshyc1f1c conductivity sulfate total dissolved solids

)

SeptlltOber 9 1980

January 21 1981

_j

February 27 1981

larch 3 1981

Aprtl 14 1981

and total organtc carbon A 110nthly gas chrONtoshyvraph scan was rec011111ended 1n order to tdenttfy and quantify any volatile and non-volatile orvantcs tn the sanaple Surface waters adjacent to the lpoundS stte were to be tlll111ned on a quarterly bls1s

Masters Report (Town of Epping and SUte of Mtw Hampshire versus Paul A Keefe et al) reiterated the areas of non-c011pltance of the previous order During the tntert11 period fiOII Septtllber 9 1180 unt11 NovNber 21 1980 kpound5 WIS to cceply v1th the clean-up order 111ndattng that no 110re than 6000 dru111s be on-site as of Novetllber 21 1980

Due to ftnanctal constraints Keefe poundnv1rortnta1 Services Inc filed for reorvantutton tn FHeral Bankruptcy Court Following a U S llnkruptcy Court tnvesttgatton which showd that 1 reorganizashytion plan could not be f olattd to successfully operate ICES Keefe ftltd for voluntuy blnkruptcyand the stte wes abandoned

Due to threats to the envhmiddota~t the EPAs 011 and Hlnrdous bullterials group and Ecology aiMI Enshy

viron~~ents Technical Ass1sUinct ltM (TAT) instishytuted clean-up actions at the ICES s1tt

Lagoon wes SIIIPled on Ftbruuy n 1181

EPA declared an tlltrgtncy at the ICES site because the lagoon wes close to overflowing EPA Field Investigation Teabull (FIT) Contractor began s1tt 1nshyvesttgattons tncludtng tlltl9tncy lagoon belll st- btl hatton wort under Section 311 K fundtng

EPAs Ellltrgency Response Teabull (ERT) fro Edison NJ used 1 110btle carbon f11ter untt to draw the lagoon down 3-12 feet Lagoon WIS eventually drawn down four re ttMs due to potent1bull1 overshyflow fr0r11 rainfall

During the Sprtng of 1981 r1s1ng tnper1tures caused expansion of drUftl contents resulting tn rupturing and leaking on the ground The increased tetr~Perature also bullccelerated detertorltton of drum contatntng actd EPA engaged Marlyn Engtneertng for a dru11 stabilization prograbull consisting of overpacking poly-capping snap-capping or transshyferring ruptured drwtS Included was a subcontract with Rocktnghalll Security for a 24-hour security guard at the site These contracts were funded under the Comprehenshe Envtronlltntal Response Coshypensatlon and Liability Act of 1980 (CERCLA)

0~ zzH lt CO M -co 00 lgtZ-n H ltZ_

lgt or ocn 000o

n

)

August 13 1981

December 15 1981 Janary 1 1982

January 13 1982

March 24 1982

July 1982

__ FIT submitted Pre11bulltnary Stte Assessn~ent Report

FIT perforwed stte tnspecttons

fiT subnlttted Assess~~ent of Alternathes for Tmshyporary Stabtltlltton of Lagoon ii FIT subclttted proposed work plan for future acttons 0

~ zzEPA engaged a contractor to 1bull1nent hea1th ~lt

hazards (such IS shod-senstthes explosives ~ -10 weter reacthes toxtc gues and spontaneous COIIshy 00

lgtZbusttbles) fnNI warehouses at stte In addttton -ll

storage tank contents were to be rHOved as well as ~ltZ dupsters

or EPA detetntd that tntttal rlllld111 Masures IS 0lt1gt defined tn the National Contingency Plan (NCP) ue 0

appropriate for the KES stte The Zone 1 Contracshy os tor WIS notified to prepare a RIMdtal Actton n linter Plan (RAIIP) RAMP WIS sutttted

~~~S~~thi~~Ytd~~~~~~l ~~l~o~~~act d~ wstes f~ the site

Ttghe I Bond tRgaged by WSPCC to perforw a red111 1nvtst1gat1on and to prepare lagoon Just1f1cat1on docunt and btd doc~nts for lagoon decatss1onshy1ng

D and bulk weste ret10val contract CCMIIPleted

WSPCC envaved obullAppolonta waste Mlnagt~~tnt Services to rtCIOYe llgoon contents and deca-1ss1on the lashygoon

obullAppolonta COIIIPleted the lagoon deconnhstontng proJect

Prel1111tnary draft ret~tdtal tnvesttgat1on (RI) reshyport subtl1tted by T1ghe l Bond

EPA awards WSPCC a grant to contract wtth Camp Dresser amp McKee consulting engineers to conduct a bullSuperfundbull feasibility study (FS) The FS is to deten~tne the opt1mufl remedial actions to be taken to re110ve any public health or env1roMental risk and finally close the stte

)

-2shy

of the KES s i te Both brooks eventually dntn 1nto the Phcass tc River whtch h used seasonally as a drtnktng water source for the Town of New~ 111rket

The remains of 1 bullnmade hazardous waste lagoon are located tn the northeast quadrant of the site The lagoon was empt1ed and brtlthtd tn early 1984 by a contractor engaged by the New Hnpsh1re Water Supply and Pollutton Control Conntsston (WSPCC) The center of the stte 1s occupied by three bu11dtns and the breached lagoon A 20 x 40 deconta11tnatton pad which was installed under the State and EPA sponsored 4100 drubull reshyJtOvl contract conducted tn 1983 ts located tn the southwesterly area ofthe stte

The WSPCC has completed t he stte Remedial Invest tgatton and h planshyning t o contract wtth Callp Dresser bull Mc Kee consul tt na engineers to conduct th~ Feu1btlt ty Study bull It 1s ant t ctpa ted t he draft Feutb111ty Study which wt ll detemt ne t he best bull nner to f i nalty close th~ stt~ would be ava tl abl e t n Spr tngearly Sunner 1986

ij 011

~ zz ~ lt ()~ -0

~ -X ~ lt Z

lgtor O CIgt 0

~~ 0

() SJtt Hhtorv

Narch 29 1978

Mly 31 1118

April 1919

llay 1119

In a letter to the Epping Planning Soard Paul Keefe proposed to construct a chical wtstt storshy111 end bulking flc111ty Under thts plan NIpoundX Inc would own the stte and KpoundS Inc would own all butldtngs and equt~nt and would operate the fa shycility Both corporations wre controlled by Mr Kttfe

Planntno Board apprond KpoundS sttt plan

Subsequent to Planning loard tpproval US betan operation by establtshtng dru storage art as and tnstalltng storage tanks equ1pt~~nt shelters and bulking area In 1918 KES tn stalltd 1 synethett shycally 11n~d lagoon Operations at the stte were period i cally tnsp~c ted by State and Town off t ct als and r t COIIRiendattons we re N de to 1111P rove s t te oper shyat i ons

The New Hampshtre Burea u of Solid Waste Managffllent (BSWII) D1vh1on of Pub11c Health Sen1ces (DPHS) ord~red kES to clean- up leaktng storage tanks rupshytured druJH conta11tnated sotls and a pool of illshyproperly dump~d latex wastes

As a result of frequ~nt odor complaints fr011 rest shydents the Town of Epping tnstttuted legal action against KES tn Rock1nghall County Sup~rior Court The Town r~tatned an engineering consultant (Wehran poundng1neertng) to perfom site tnvesttgattons

-3shy

KES retained an engtneertng consultant (Envtronbullnshytal Engineers Inc ) to perfom an independent study

July 1 1979 New Hantpshtre Hazardous waste Law bttafllt effective

September 1919 Towns consultant (Wehran Eng1neertng) started hydrogeologic tnvesttgattons at the stte

Septefllber 27 1919 BSWH started well-salpltng progra111 at ltES and local residences

OCtober 16 1979 WSPCC startedmiddot separate well nrapltng progrn Local streaiH were also stllpltd Carbon tetrashychloride and chlorofom were detecttd tn the strea11 to the northwest of the stte

Novlllber 1919 In a second cleanup order issued to KES by the State the latter declared that 1t had found seven chlorinated hydrocarbons tn KES wells Those chbulltnls wtre bullthylene chloride 111-trtchloroshyethane 112-trtchloroethane trtchlorotthylene tetrachloroethylene carbon tetrachloride and chlorofo The order addressed tht hazardous conshyditions at tht Epptni flctltty as an tatntnt hlzshyerd under tht authority of Chapter 14754 Jt called for the rt110V1l of 111 ltllt1nt druM the cleanup of sptlls 1nd contbullbullhlttd son the storshylgt of drum on pallets the d1tly tnspectton of druan for ltlks tht labt111nt of drUIIS stPirltt cell storage of tncQ~~Patiblt westts secure storage of ptst1ctdes 1 reduction in the tot1l nUIIIber of drs on-sttt 1 ftre contingency pl1n 1nd stlb1shy11zltion of the -1110unt of hiZinlous westes ICetpted ot the hctllty

Also stlrttng in Novtlllber 1979 WSPCC SIIIIPled the drinking weter wells of surrounding residences for ch11111c1l 1nd btologiul perabullten This wes done 1pprox1111tely each fllOnth for six 110nths due to sus shypected surface 1nd groundwater conta11tnatton frOM the KES s1te Also in Novtlllber 1919 KES tnshys~alled four new r10nttortng and observation wells tn add1t1on to the ftve observation wells previous shyly installed

Oecellber S 1979 In response to the Stltebulls November order KES ftled a motton for a rehearing on December S 1979 denying that the conditions at the bulking and treatment fac111ty in Epptng constituted an tmeshydiate threat to pub11c health and the environment

011

~zz ~lt

~ -lt0

~~ ~ltZ or nltn 0 11

0~ n

)

January 1980

February 29 1980

Apr11 23 1980

-4shy

IC[$ asserted that the Scope and t1bull dead11nes of the Novtmber 1919 order were unreasonable tn 11ght of exhttng weather cond1ttons KES clat~~ed the order was bullarbitrary caprtdous tnd unreasonable tn that tt was hsued without the 8~ ftrst having adopted rules under RS 1414911 to establish crt shyterta whereby tt could be reasonably detetned whether the fac111ty was betng runaged tn an envt shyTOMfntally sound Minner without threlt to the pubshyHe health and safety bull

Also tn Decelllber 1 Masterbulls Report (Town of Epping nrsus Paul A Keefe et al) called for clean-up Masures s1bull11ar to those described tn the States Novellber 1919 order and further required tnllyttcal t esti ng of every dru111 etiiPloyee safety equtpn~~nt end penahston for unannounced on-stte tnspecttons by the Town

Further tn Oecllllber 1919 after KES ftlltd a wetshylind 1re1 to allow access to four newly installed observation wells the WSPCC tnued 1 wttltnds vtoshylltton to Kttft ordering KES to rtfrttn fiOII tll construct1on tct1Y1t1ts until the requhtte perwtts were granted In a bulltton for rehtartng Ptul Kttft dented that he was filling surflct waters or that any sign1ftcant alterttton of the character of the terrain had taken pltct tn such a bullnner u to 111Pede the natural runoff or create an unnatural runoff A continuance on the 110tton for rehearing was granted unttl February 1980 when Kttft subshybullttted a Dredge and Fill application to tht State which was subsequently approved by the Wetlands Board

After cla1bull1ng violations of New Htlllpshtres hushyardous waste regulations the State entered a peshytttton in Rocktnghart County Superior Court for a Mandatory injunction and civil penalty agatnst Paul A Keefe Keefe Environmental Services Inc and Atltx Inc middot

The State advised KES that three addtttonal IIOnt shytortng wells were required KES 1nd1cated that the wells would not be installed before August

A court order established ground rules by whtch kES could continue to operate tn a safe manner whtle abating the nuisance present on-stte The court found Keefes noncOrtPltance wtth the December l 1979 order to be not one of willful d1sobedtence but rather one of 1nab1ltty to COIIIPlY fully wtth

)

om ~ zz ~lt

~ 0 0

~~ ~ltZ ol g~ ~~

0

June 5 1980

I U

-5shy

the order partially because of tts effecton htS bust ness and 1ncone Keefe dtd not c011ply wtth the required number of ftre exttnguhhe and wtth the requtrtfllent that tfiPloyees wear safety clothing at 111 tt11es Also dr1111 reduction had not occurred at the nte set by the court The total drUM tn shy

ventory had been reduced by only 1478 whereas the order 111ndated that they be reduced by 2750 on or before Apr11 1 1980 The court found that the stte IS tt was operated at the t1M no longer presented a grave and t~aedtate threat to hUIIIn pub11c health and the envtrom~ent beyond tts bounshydaries The court stated that the bulljortty of life threatening conditions previously exhttng had been brought wtthtn SOIJif stlllblance of control However the following orders were tnued to KES to further abate the ex1st1ng nuisance of the s1 te

- Pen~~nent 1nstlllat1on of connerc1al fire exshytinguishers

- 1 MiniiiiUII of 50 drUM tiCh MOnth wre to be per shyMlntntly raoved fiOII the s1te raoval was to continue until the drUIIIS hid bttn reducd tomiddot 2000 which nUIIIbtr wes not thereafter to bt inshycreased

- the state was to bt provided v1th MOnthly gross inc0111 receipts

- ttiiPloyees wre to vur protective clothing

110n1toring wells vert to be sallll)ltd at least MOnthly for such substances as the state reshyquired

- on-site inspections by state off1chls were to be allowed

- the use of the lagoon vas to cease and

- all MOn1tor1ng prograras in effect at the tinlf regarding leaking containers wert to continue

The Attorney Generals Office not1f1ed KES of the States recornended samp11ng and analysis proceshydures for new and existing monitoring wells and surface waters on and around the KES s1 te The reshyquired analytical parameters included color COD nitrogen 1ron manganese chro~~1ull copper arse shynic potassiu11 sodiu11 zinc chloride pH speshyc1f1c conductivity sulfate total dissolved solids

)

SeptlltOber 9 1980

January 21 1981

_j

February 27 1981

larch 3 1981

Aprtl 14 1981

and total organtc carbon A 110nthly gas chrONtoshyvraph scan was rec011111ended 1n order to tdenttfy and quantify any volatile and non-volatile orvantcs tn the sanaple Surface waters adjacent to the lpoundS stte were to be tlll111ned on a quarterly bls1s

Masters Report (Town of Epping and SUte of Mtw Hampshire versus Paul A Keefe et al) reiterated the areas of non-c011pltance of the previous order During the tntert11 period fiOII Septtllber 9 1180 unt11 NovNber 21 1980 kpound5 WIS to cceply v1th the clean-up order 111ndattng that no 110re than 6000 dru111s be on-site as of Novetllber 21 1980

Due to ftnanctal constraints Keefe poundnv1rortnta1 Services Inc filed for reorvantutton tn FHeral Bankruptcy Court Following a U S llnkruptcy Court tnvesttgatton which showd that 1 reorganizashytion plan could not be f olattd to successfully operate ICES Keefe ftltd for voluntuy blnkruptcyand the stte wes abandoned

Due to threats to the envhmiddota~t the EPAs 011 and Hlnrdous bullterials group and Ecology aiMI Enshy

viron~~ents Technical Ass1sUinct ltM (TAT) instishytuted clean-up actions at the ICES s1tt

Lagoon wes SIIIPled on Ftbruuy n 1181

EPA declared an tlltrgtncy at the ICES site because the lagoon wes close to overflowing EPA Field Investigation Teabull (FIT) Contractor began s1tt 1nshyvesttgattons tncludtng tlltl9tncy lagoon belll st- btl hatton wort under Section 311 K fundtng

EPAs Ellltrgency Response Teabull (ERT) fro Edison NJ used 1 110btle carbon f11ter untt to draw the lagoon down 3-12 feet Lagoon WIS eventually drawn down four re ttMs due to potent1bull1 overshyflow fr0r11 rainfall

During the Sprtng of 1981 r1s1ng tnper1tures caused expansion of drUftl contents resulting tn rupturing and leaking on the ground The increased tetr~Perature also bullccelerated detertorltton of drum contatntng actd EPA engaged Marlyn Engtneertng for a dru11 stabilization prograbull consisting of overpacking poly-capping snap-capping or transshyferring ruptured drwtS Included was a subcontract with Rocktnghalll Security for a 24-hour security guard at the site These contracts were funded under the Comprehenshe Envtronlltntal Response Coshypensatlon and Liability Act of 1980 (CERCLA)

0~ zzH lt CO M -co 00 lgtZ-n H ltZ_

lgt or ocn 000o

n

)

August 13 1981

December 15 1981 Janary 1 1982

January 13 1982

March 24 1982

July 1982

__ FIT submitted Pre11bulltnary Stte Assessn~ent Report

FIT perforwed stte tnspecttons

fiT subnlttted Assess~~ent of Alternathes for Tmshyporary Stabtltlltton of Lagoon ii FIT subclttted proposed work plan for future acttons 0

~ zzEPA engaged a contractor to 1bull1nent hea1th ~lt

hazards (such IS shod-senstthes explosives ~ -10 weter reacthes toxtc gues and spontaneous COIIshy 00

lgtZbusttbles) fnNI warehouses at stte In addttton -ll

storage tank contents were to be rHOved as well as ~ltZ dupsters

or EPA detetntd that tntttal rlllld111 Masures IS 0lt1gt defined tn the National Contingency Plan (NCP) ue 0

appropriate for the KES stte The Zone 1 Contracshy os tor WIS notified to prepare a RIMdtal Actton n linter Plan (RAIIP) RAMP WIS sutttted

~~~S~~thi~~Ytd~~~~~~l ~~l~o~~~act d~ wstes f~ the site

Ttghe I Bond tRgaged by WSPCC to perforw a red111 1nvtst1gat1on and to prepare lagoon Just1f1cat1on docunt and btd doc~nts for lagoon decatss1onshy1ng

D and bulk weste ret10val contract CCMIIPleted

WSPCC envaved obullAppolonta waste Mlnagt~~tnt Services to rtCIOYe llgoon contents and deca-1ss1on the lashygoon

obullAppolonta COIIIPleted the lagoon deconnhstontng proJect

Prel1111tnary draft ret~tdtal tnvesttgat1on (RI) reshyport subtl1tted by T1ghe l Bond

EPA awards WSPCC a grant to contract wtth Camp Dresser amp McKee consulting engineers to conduct a bullSuperfundbull feasibility study (FS) The FS is to deten~tne the opt1mufl remedial actions to be taken to re110ve any public health or env1roMental risk and finally close the stte

-3shy

KES retained an engtneertng consultant (Envtronbullnshytal Engineers Inc ) to perfom an independent study

July 1 1979 New Hantpshtre Hazardous waste Law bttafllt effective

September 1919 Towns consultant (Wehran Eng1neertng) started hydrogeologic tnvesttgattons at the stte

Septefllber 27 1919 BSWH started well-salpltng progra111 at ltES and local residences

OCtober 16 1979 WSPCC startedmiddot separate well nrapltng progrn Local streaiH were also stllpltd Carbon tetrashychloride and chlorofom were detecttd tn the strea11 to the northwest of the stte

Novlllber 1919 In a second cleanup order issued to KES by the State the latter declared that 1t had found seven chlorinated hydrocarbons tn KES wells Those chbulltnls wtre bullthylene chloride 111-trtchloroshyethane 112-trtchloroethane trtchlorotthylene tetrachloroethylene carbon tetrachloride and chlorofo The order addressed tht hazardous conshyditions at tht Epptni flctltty as an tatntnt hlzshyerd under tht authority of Chapter 14754 Jt called for the rt110V1l of 111 ltllt1nt druM the cleanup of sptlls 1nd contbullbullhlttd son the storshylgt of drum on pallets the d1tly tnspectton of druan for ltlks tht labt111nt of drUIIS stPirltt cell storage of tncQ~~Patiblt westts secure storage of ptst1ctdes 1 reduction in the tot1l nUIIIber of drs on-sttt 1 ftre contingency pl1n 1nd stlb1shy11zltion of the -1110unt of hiZinlous westes ICetpted ot the hctllty

Also stlrttng in Novtlllber 1979 WSPCC SIIIIPled the drinking weter wells of surrounding residences for ch11111c1l 1nd btologiul perabullten This wes done 1pprox1111tely each fllOnth for six 110nths due to sus shypected surface 1nd groundwater conta11tnatton frOM the KES s1te Also in Novtlllber 1919 KES tnshys~alled four new r10nttortng and observation wells tn add1t1on to the ftve observation wells previous shyly installed

Oecellber S 1979 In response to the Stltebulls November order KES ftled a motton for a rehearing on December S 1979 denying that the conditions at the bulking and treatment fac111ty in Epptng constituted an tmeshydiate threat to pub11c health and the environment

011

~zz ~lt

~ -lt0

~~ ~ltZ or nltn 0 11

0~ n

)

January 1980

February 29 1980

Apr11 23 1980

-4shy

IC[$ asserted that the Scope and t1bull dead11nes of the Novtmber 1919 order were unreasonable tn 11ght of exhttng weather cond1ttons KES clat~~ed the order was bullarbitrary caprtdous tnd unreasonable tn that tt was hsued without the 8~ ftrst having adopted rules under RS 1414911 to establish crt shyterta whereby tt could be reasonably detetned whether the fac111ty was betng runaged tn an envt shyTOMfntally sound Minner without threlt to the pubshyHe health and safety bull

Also tn Decelllber 1 Masterbulls Report (Town of Epping nrsus Paul A Keefe et al) called for clean-up Masures s1bull11ar to those described tn the States Novellber 1919 order and further required tnllyttcal t esti ng of every dru111 etiiPloyee safety equtpn~~nt end penahston for unannounced on-stte tnspecttons by the Town

Further tn Oecllllber 1919 after KES ftlltd a wetshylind 1re1 to allow access to four newly installed observation wells the WSPCC tnued 1 wttltnds vtoshylltton to Kttft ordering KES to rtfrttn fiOII tll construct1on tct1Y1t1ts until the requhtte perwtts were granted In a bulltton for rehtartng Ptul Kttft dented that he was filling surflct waters or that any sign1ftcant alterttton of the character of the terrain had taken pltct tn such a bullnner u to 111Pede the natural runoff or create an unnatural runoff A continuance on the 110tton for rehearing was granted unttl February 1980 when Kttft subshybullttted a Dredge and Fill application to tht State which was subsequently approved by the Wetlands Board

After cla1bull1ng violations of New Htlllpshtres hushyardous waste regulations the State entered a peshytttton in Rocktnghart County Superior Court for a Mandatory injunction and civil penalty agatnst Paul A Keefe Keefe Environmental Services Inc and Atltx Inc middot

The State advised KES that three addtttonal IIOnt shytortng wells were required KES 1nd1cated that the wells would not be installed before August

A court order established ground rules by whtch kES could continue to operate tn a safe manner whtle abating the nuisance present on-stte The court found Keefes noncOrtPltance wtth the December l 1979 order to be not one of willful d1sobedtence but rather one of 1nab1ltty to COIIIPlY fully wtth

)

om ~ zz ~lt

~ 0 0

~~ ~ltZ ol g~ ~~

0

June 5 1980

I U

-5shy

the order partially because of tts effecton htS bust ness and 1ncone Keefe dtd not c011ply wtth the required number of ftre exttnguhhe and wtth the requtrtfllent that tfiPloyees wear safety clothing at 111 tt11es Also dr1111 reduction had not occurred at the nte set by the court The total drUM tn shy

ventory had been reduced by only 1478 whereas the order 111ndated that they be reduced by 2750 on or before Apr11 1 1980 The court found that the stte IS tt was operated at the t1M no longer presented a grave and t~aedtate threat to hUIIIn pub11c health and the envtrom~ent beyond tts bounshydaries The court stated that the bulljortty of life threatening conditions previously exhttng had been brought wtthtn SOIJif stlllblance of control However the following orders were tnued to KES to further abate the ex1st1ng nuisance of the s1 te

- Pen~~nent 1nstlllat1on of connerc1al fire exshytinguishers

- 1 MiniiiiUII of 50 drUM tiCh MOnth wre to be per shyMlntntly raoved fiOII the s1te raoval was to continue until the drUIIIS hid bttn reducd tomiddot 2000 which nUIIIbtr wes not thereafter to bt inshycreased

- the state was to bt provided v1th MOnthly gross inc0111 receipts

- ttiiPloyees wre to vur protective clothing

110n1toring wells vert to be sallll)ltd at least MOnthly for such substances as the state reshyquired

- on-site inspections by state off1chls were to be allowed

- the use of the lagoon vas to cease and

- all MOn1tor1ng prograras in effect at the tinlf regarding leaking containers wert to continue

The Attorney Generals Office not1f1ed KES of the States recornended samp11ng and analysis proceshydures for new and existing monitoring wells and surface waters on and around the KES s1 te The reshyquired analytical parameters included color COD nitrogen 1ron manganese chro~~1ull copper arse shynic potassiu11 sodiu11 zinc chloride pH speshyc1f1c conductivity sulfate total dissolved solids

)

SeptlltOber 9 1980

January 21 1981

_j

February 27 1981

larch 3 1981

Aprtl 14 1981

and total organtc carbon A 110nthly gas chrONtoshyvraph scan was rec011111ended 1n order to tdenttfy and quantify any volatile and non-volatile orvantcs tn the sanaple Surface waters adjacent to the lpoundS stte were to be tlll111ned on a quarterly bls1s

Masters Report (Town of Epping and SUte of Mtw Hampshire versus Paul A Keefe et al) reiterated the areas of non-c011pltance of the previous order During the tntert11 period fiOII Septtllber 9 1180 unt11 NovNber 21 1980 kpound5 WIS to cceply v1th the clean-up order 111ndattng that no 110re than 6000 dru111s be on-site as of Novetllber 21 1980

Due to ftnanctal constraints Keefe poundnv1rortnta1 Services Inc filed for reorvantutton tn FHeral Bankruptcy Court Following a U S llnkruptcy Court tnvesttgatton which showd that 1 reorganizashytion plan could not be f olattd to successfully operate ICES Keefe ftltd for voluntuy blnkruptcyand the stte wes abandoned

Due to threats to the envhmiddota~t the EPAs 011 and Hlnrdous bullterials group and Ecology aiMI Enshy

viron~~ents Technical Ass1sUinct ltM (TAT) instishytuted clean-up actions at the ICES s1tt

Lagoon wes SIIIPled on Ftbruuy n 1181

EPA declared an tlltrgtncy at the ICES site because the lagoon wes close to overflowing EPA Field Investigation Teabull (FIT) Contractor began s1tt 1nshyvesttgattons tncludtng tlltl9tncy lagoon belll st- btl hatton wort under Section 311 K fundtng

EPAs Ellltrgency Response Teabull (ERT) fro Edison NJ used 1 110btle carbon f11ter untt to draw the lagoon down 3-12 feet Lagoon WIS eventually drawn down four re ttMs due to potent1bull1 overshyflow fr0r11 rainfall

During the Sprtng of 1981 r1s1ng tnper1tures caused expansion of drUftl contents resulting tn rupturing and leaking on the ground The increased tetr~Perature also bullccelerated detertorltton of drum contatntng actd EPA engaged Marlyn Engtneertng for a dru11 stabilization prograbull consisting of overpacking poly-capping snap-capping or transshyferring ruptured drwtS Included was a subcontract with Rocktnghalll Security for a 24-hour security guard at the site These contracts were funded under the Comprehenshe Envtronlltntal Response Coshypensatlon and Liability Act of 1980 (CERCLA)

0~ zzH lt CO M -co 00 lgtZ-n H ltZ_

lgt or ocn 000o

n

)

August 13 1981

December 15 1981 Janary 1 1982

January 13 1982

March 24 1982

July 1982

__ FIT submitted Pre11bulltnary Stte Assessn~ent Report

FIT perforwed stte tnspecttons

fiT subnlttted Assess~~ent of Alternathes for Tmshyporary Stabtltlltton of Lagoon ii FIT subclttted proposed work plan for future acttons 0

~ zzEPA engaged a contractor to 1bull1nent hea1th ~lt

hazards (such IS shod-senstthes explosives ~ -10 weter reacthes toxtc gues and spontaneous COIIshy 00

lgtZbusttbles) fnNI warehouses at stte In addttton -ll

storage tank contents were to be rHOved as well as ~ltZ dupsters

or EPA detetntd that tntttal rlllld111 Masures IS 0lt1gt defined tn the National Contingency Plan (NCP) ue 0

appropriate for the KES stte The Zone 1 Contracshy os tor WIS notified to prepare a RIMdtal Actton n linter Plan (RAIIP) RAMP WIS sutttted

~~~S~~thi~~Ytd~~~~~~l ~~l~o~~~act d~ wstes f~ the site

Ttghe I Bond tRgaged by WSPCC to perforw a red111 1nvtst1gat1on and to prepare lagoon Just1f1cat1on docunt and btd doc~nts for lagoon decatss1onshy1ng

D and bulk weste ret10val contract CCMIIPleted

WSPCC envaved obullAppolonta waste Mlnagt~~tnt Services to rtCIOYe llgoon contents and deca-1ss1on the lashygoon

obullAppolonta COIIIPleted the lagoon deconnhstontng proJect

Prel1111tnary draft ret~tdtal tnvesttgat1on (RI) reshyport subtl1tted by T1ghe l Bond

EPA awards WSPCC a grant to contract wtth Camp Dresser amp McKee consulting engineers to conduct a bullSuperfundbull feasibility study (FS) The FS is to deten~tne the opt1mufl remedial actions to be taken to re110ve any public health or env1roMental risk and finally close the stte

)

January 1980

February 29 1980

Apr11 23 1980

-4shy

IC[$ asserted that the Scope and t1bull dead11nes of the Novtmber 1919 order were unreasonable tn 11ght of exhttng weather cond1ttons KES clat~~ed the order was bullarbitrary caprtdous tnd unreasonable tn that tt was hsued without the 8~ ftrst having adopted rules under RS 1414911 to establish crt shyterta whereby tt could be reasonably detetned whether the fac111ty was betng runaged tn an envt shyTOMfntally sound Minner without threlt to the pubshyHe health and safety bull

Also tn Decelllber 1 Masterbulls Report (Town of Epping nrsus Paul A Keefe et al) called for clean-up Masures s1bull11ar to those described tn the States Novellber 1919 order and further required tnllyttcal t esti ng of every dru111 etiiPloyee safety equtpn~~nt end penahston for unannounced on-stte tnspecttons by the Town

Further tn Oecllllber 1919 after KES ftlltd a wetshylind 1re1 to allow access to four newly installed observation wells the WSPCC tnued 1 wttltnds vtoshylltton to Kttft ordering KES to rtfrttn fiOII tll construct1on tct1Y1t1ts until the requhtte perwtts were granted In a bulltton for rehtartng Ptul Kttft dented that he was filling surflct waters or that any sign1ftcant alterttton of the character of the terrain had taken pltct tn such a bullnner u to 111Pede the natural runoff or create an unnatural runoff A continuance on the 110tton for rehearing was granted unttl February 1980 when Kttft subshybullttted a Dredge and Fill application to tht State which was subsequently approved by the Wetlands Board

After cla1bull1ng violations of New Htlllpshtres hushyardous waste regulations the State entered a peshytttton in Rocktnghart County Superior Court for a Mandatory injunction and civil penalty agatnst Paul A Keefe Keefe Environmental Services Inc and Atltx Inc middot

The State advised KES that three addtttonal IIOnt shytortng wells were required KES 1nd1cated that the wells would not be installed before August

A court order established ground rules by whtch kES could continue to operate tn a safe manner whtle abating the nuisance present on-stte The court found Keefes noncOrtPltance wtth the December l 1979 order to be not one of willful d1sobedtence but rather one of 1nab1ltty to COIIIPlY fully wtth

)

om ~ zz ~lt

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~~ ~ltZ ol g~ ~~

0

June 5 1980

I U

-5shy

the order partially because of tts effecton htS bust ness and 1ncone Keefe dtd not c011ply wtth the required number of ftre exttnguhhe and wtth the requtrtfllent that tfiPloyees wear safety clothing at 111 tt11es Also dr1111 reduction had not occurred at the nte set by the court The total drUM tn shy

ventory had been reduced by only 1478 whereas the order 111ndated that they be reduced by 2750 on or before Apr11 1 1980 The court found that the stte IS tt was operated at the t1M no longer presented a grave and t~aedtate threat to hUIIIn pub11c health and the envtrom~ent beyond tts bounshydaries The court stated that the bulljortty of life threatening conditions previously exhttng had been brought wtthtn SOIJif stlllblance of control However the following orders were tnued to KES to further abate the ex1st1ng nuisance of the s1 te

- Pen~~nent 1nstlllat1on of connerc1al fire exshytinguishers

- 1 MiniiiiUII of 50 drUM tiCh MOnth wre to be per shyMlntntly raoved fiOII the s1te raoval was to continue until the drUIIIS hid bttn reducd tomiddot 2000 which nUIIIbtr wes not thereafter to bt inshycreased

- the state was to bt provided v1th MOnthly gross inc0111 receipts

- ttiiPloyees wre to vur protective clothing

110n1toring wells vert to be sallll)ltd at least MOnthly for such substances as the state reshyquired

- on-site inspections by state off1chls were to be allowed

- the use of the lagoon vas to cease and

- all MOn1tor1ng prograras in effect at the tinlf regarding leaking containers wert to continue

The Attorney Generals Office not1f1ed KES of the States recornended samp11ng and analysis proceshydures for new and existing monitoring wells and surface waters on and around the KES s1 te The reshyquired analytical parameters included color COD nitrogen 1ron manganese chro~~1ull copper arse shynic potassiu11 sodiu11 zinc chloride pH speshyc1f1c conductivity sulfate total dissolved solids

)

SeptlltOber 9 1980

January 21 1981

_j

February 27 1981

larch 3 1981

Aprtl 14 1981

and total organtc carbon A 110nthly gas chrONtoshyvraph scan was rec011111ended 1n order to tdenttfy and quantify any volatile and non-volatile orvantcs tn the sanaple Surface waters adjacent to the lpoundS stte were to be tlll111ned on a quarterly bls1s

Masters Report (Town of Epping and SUte of Mtw Hampshire versus Paul A Keefe et al) reiterated the areas of non-c011pltance of the previous order During the tntert11 period fiOII Septtllber 9 1180 unt11 NovNber 21 1980 kpound5 WIS to cceply v1th the clean-up order 111ndattng that no 110re than 6000 dru111s be on-site as of Novetllber 21 1980

Due to ftnanctal constraints Keefe poundnv1rortnta1 Services Inc filed for reorvantutton tn FHeral Bankruptcy Court Following a U S llnkruptcy Court tnvesttgatton which showd that 1 reorganizashytion plan could not be f olattd to successfully operate ICES Keefe ftltd for voluntuy blnkruptcyand the stte wes abandoned

Due to threats to the envhmiddota~t the EPAs 011 and Hlnrdous bullterials group and Ecology aiMI Enshy

viron~~ents Technical Ass1sUinct ltM (TAT) instishytuted clean-up actions at the ICES s1tt

Lagoon wes SIIIPled on Ftbruuy n 1181

EPA declared an tlltrgtncy at the ICES site because the lagoon wes close to overflowing EPA Field Investigation Teabull (FIT) Contractor began s1tt 1nshyvesttgattons tncludtng tlltl9tncy lagoon belll st- btl hatton wort under Section 311 K fundtng

EPAs Ellltrgency Response Teabull (ERT) fro Edison NJ used 1 110btle carbon f11ter untt to draw the lagoon down 3-12 feet Lagoon WIS eventually drawn down four re ttMs due to potent1bull1 overshyflow fr0r11 rainfall

During the Sprtng of 1981 r1s1ng tnper1tures caused expansion of drUftl contents resulting tn rupturing and leaking on the ground The increased tetr~Perature also bullccelerated detertorltton of drum contatntng actd EPA engaged Marlyn Engtneertng for a dru11 stabilization prograbull consisting of overpacking poly-capping snap-capping or transshyferring ruptured drwtS Included was a subcontract with Rocktnghalll Security for a 24-hour security guard at the site These contracts were funded under the Comprehenshe Envtronlltntal Response Coshypensatlon and Liability Act of 1980 (CERCLA)

0~ zzH lt CO M -co 00 lgtZ-n H ltZ_

lgt or ocn 000o

n

)

August 13 1981

December 15 1981 Janary 1 1982

January 13 1982

March 24 1982

July 1982

__ FIT submitted Pre11bulltnary Stte Assessn~ent Report

FIT perforwed stte tnspecttons

fiT subnlttted Assess~~ent of Alternathes for Tmshyporary Stabtltlltton of Lagoon ii FIT subclttted proposed work plan for future acttons 0

~ zzEPA engaged a contractor to 1bull1nent hea1th ~lt

hazards (such IS shod-senstthes explosives ~ -10 weter reacthes toxtc gues and spontaneous COIIshy 00

lgtZbusttbles) fnNI warehouses at stte In addttton -ll

storage tank contents were to be rHOved as well as ~ltZ dupsters

or EPA detetntd that tntttal rlllld111 Masures IS 0lt1gt defined tn the National Contingency Plan (NCP) ue 0

appropriate for the KES stte The Zone 1 Contracshy os tor WIS notified to prepare a RIMdtal Actton n linter Plan (RAIIP) RAMP WIS sutttted

~~~S~~thi~~Ytd~~~~~~l ~~l~o~~~act d~ wstes f~ the site

Ttghe I Bond tRgaged by WSPCC to perforw a red111 1nvtst1gat1on and to prepare lagoon Just1f1cat1on docunt and btd doc~nts for lagoon decatss1onshy1ng

D and bulk weste ret10val contract CCMIIPleted

WSPCC envaved obullAppolonta waste Mlnagt~~tnt Services to rtCIOYe llgoon contents and deca-1ss1on the lashygoon

obullAppolonta COIIIPleted the lagoon deconnhstontng proJect

Prel1111tnary draft ret~tdtal tnvesttgat1on (RI) reshyport subtl1tted by T1ghe l Bond

EPA awards WSPCC a grant to contract wtth Camp Dresser amp McKee consulting engineers to conduct a bullSuperfundbull feasibility study (FS) The FS is to deten~tne the opt1mufl remedial actions to be taken to re110ve any public health or env1roMental risk and finally close the stte

)

om ~ zz ~lt

~ 0 0

~~ ~ltZ ol g~ ~~

0

June 5 1980

I U

-5shy

the order partially because of tts effecton htS bust ness and 1ncone Keefe dtd not c011ply wtth the required number of ftre exttnguhhe and wtth the requtrtfllent that tfiPloyees wear safety clothing at 111 tt11es Also dr1111 reduction had not occurred at the nte set by the court The total drUM tn shy

ventory had been reduced by only 1478 whereas the order 111ndated that they be reduced by 2750 on or before Apr11 1 1980 The court found that the stte IS tt was operated at the t1M no longer presented a grave and t~aedtate threat to hUIIIn pub11c health and the envtrom~ent beyond tts bounshydaries The court stated that the bulljortty of life threatening conditions previously exhttng had been brought wtthtn SOIJif stlllblance of control However the following orders were tnued to KES to further abate the ex1st1ng nuisance of the s1 te

- Pen~~nent 1nstlllat1on of connerc1al fire exshytinguishers

- 1 MiniiiiUII of 50 drUM tiCh MOnth wre to be per shyMlntntly raoved fiOII the s1te raoval was to continue until the drUIIIS hid bttn reducd tomiddot 2000 which nUIIIbtr wes not thereafter to bt inshycreased

- the state was to bt provided v1th MOnthly gross inc0111 receipts

- ttiiPloyees wre to vur protective clothing

110n1toring wells vert to be sallll)ltd at least MOnthly for such substances as the state reshyquired

- on-site inspections by state off1chls were to be allowed

- the use of the lagoon vas to cease and

- all MOn1tor1ng prograras in effect at the tinlf regarding leaking containers wert to continue

The Attorney Generals Office not1f1ed KES of the States recornended samp11ng and analysis proceshydures for new and existing monitoring wells and surface waters on and around the KES s1 te The reshyquired analytical parameters included color COD nitrogen 1ron manganese chro~~1ull copper arse shynic potassiu11 sodiu11 zinc chloride pH speshyc1f1c conductivity sulfate total dissolved solids

)

SeptlltOber 9 1980

January 21 1981

_j

February 27 1981

larch 3 1981

Aprtl 14 1981

and total organtc carbon A 110nthly gas chrONtoshyvraph scan was rec011111ended 1n order to tdenttfy and quantify any volatile and non-volatile orvantcs tn the sanaple Surface waters adjacent to the lpoundS stte were to be tlll111ned on a quarterly bls1s

Masters Report (Town of Epping and SUte of Mtw Hampshire versus Paul A Keefe et al) reiterated the areas of non-c011pltance of the previous order During the tntert11 period fiOII Septtllber 9 1180 unt11 NovNber 21 1980 kpound5 WIS to cceply v1th the clean-up order 111ndattng that no 110re than 6000 dru111s be on-site as of Novetllber 21 1980

Due to ftnanctal constraints Keefe poundnv1rortnta1 Services Inc filed for reorvantutton tn FHeral Bankruptcy Court Following a U S llnkruptcy Court tnvesttgatton which showd that 1 reorganizashytion plan could not be f olattd to successfully operate ICES Keefe ftltd for voluntuy blnkruptcyand the stte wes abandoned

Due to threats to the envhmiddota~t the EPAs 011 and Hlnrdous bullterials group and Ecology aiMI Enshy

viron~~ents Technical Ass1sUinct ltM (TAT) instishytuted clean-up actions at the ICES s1tt

Lagoon wes SIIIPled on Ftbruuy n 1181

EPA declared an tlltrgtncy at the ICES site because the lagoon wes close to overflowing EPA Field Investigation Teabull (FIT) Contractor began s1tt 1nshyvesttgattons tncludtng tlltl9tncy lagoon belll st- btl hatton wort under Section 311 K fundtng

EPAs Ellltrgency Response Teabull (ERT) fro Edison NJ used 1 110btle carbon f11ter untt to draw the lagoon down 3-12 feet Lagoon WIS eventually drawn down four re ttMs due to potent1bull1 overshyflow fr0r11 rainfall

During the Sprtng of 1981 r1s1ng tnper1tures caused expansion of drUftl contents resulting tn rupturing and leaking on the ground The increased tetr~Perature also bullccelerated detertorltton of drum contatntng actd EPA engaged Marlyn Engtneertng for a dru11 stabilization prograbull consisting of overpacking poly-capping snap-capping or transshyferring ruptured drwtS Included was a subcontract with Rocktnghalll Security for a 24-hour security guard at the site These contracts were funded under the Comprehenshe Envtronlltntal Response Coshypensatlon and Liability Act of 1980 (CERCLA)

0~ zzH lt CO M -co 00 lgtZ-n H ltZ_

lgt or ocn 000o

n

)

August 13 1981

December 15 1981 Janary 1 1982

January 13 1982

March 24 1982

July 1982

__ FIT submitted Pre11bulltnary Stte Assessn~ent Report

FIT perforwed stte tnspecttons

fiT subnlttted Assess~~ent of Alternathes for Tmshyporary Stabtltlltton of Lagoon ii FIT subclttted proposed work plan for future acttons 0

~ zzEPA engaged a contractor to 1bull1nent hea1th ~lt

hazards (such IS shod-senstthes explosives ~ -10 weter reacthes toxtc gues and spontaneous COIIshy 00

lgtZbusttbles) fnNI warehouses at stte In addttton -ll

storage tank contents were to be rHOved as well as ~ltZ dupsters

or EPA detetntd that tntttal rlllld111 Masures IS 0lt1gt defined tn the National Contingency Plan (NCP) ue 0

appropriate for the KES stte The Zone 1 Contracshy os tor WIS notified to prepare a RIMdtal Actton n linter Plan (RAIIP) RAMP WIS sutttted

~~~S~~thi~~Ytd~~~~~~l ~~l~o~~~act d~ wstes f~ the site

Ttghe I Bond tRgaged by WSPCC to perforw a red111 1nvtst1gat1on and to prepare lagoon Just1f1cat1on docunt and btd doc~nts for lagoon decatss1onshy1ng

D and bulk weste ret10val contract CCMIIPleted

WSPCC envaved obullAppolonta waste Mlnagt~~tnt Services to rtCIOYe llgoon contents and deca-1ss1on the lashygoon

obullAppolonta COIIIPleted the lagoon deconnhstontng proJect

Prel1111tnary draft ret~tdtal tnvesttgat1on (RI) reshyport subtl1tted by T1ghe l Bond

EPA awards WSPCC a grant to contract wtth Camp Dresser amp McKee consulting engineers to conduct a bullSuperfundbull feasibility study (FS) The FS is to deten~tne the opt1mufl remedial actions to be taken to re110ve any public health or env1roMental risk and finally close the stte

)

SeptlltOber 9 1980

January 21 1981

_j

February 27 1981

larch 3 1981

Aprtl 14 1981

and total organtc carbon A 110nthly gas chrONtoshyvraph scan was rec011111ended 1n order to tdenttfy and quantify any volatile and non-volatile orvantcs tn the sanaple Surface waters adjacent to the lpoundS stte were to be tlll111ned on a quarterly bls1s

Masters Report (Town of Epping and SUte of Mtw Hampshire versus Paul A Keefe et al) reiterated the areas of non-c011pltance of the previous order During the tntert11 period fiOII Septtllber 9 1180 unt11 NovNber 21 1980 kpound5 WIS to cceply v1th the clean-up order 111ndattng that no 110re than 6000 dru111s be on-site as of Novetllber 21 1980

Due to ftnanctal constraints Keefe poundnv1rortnta1 Services Inc filed for reorvantutton tn FHeral Bankruptcy Court Following a U S llnkruptcy Court tnvesttgatton which showd that 1 reorganizashytion plan could not be f olattd to successfully operate ICES Keefe ftltd for voluntuy blnkruptcyand the stte wes abandoned

Due to threats to the envhmiddota~t the EPAs 011 and Hlnrdous bullterials group and Ecology aiMI Enshy

viron~~ents Technical Ass1sUinct ltM (TAT) instishytuted clean-up actions at the ICES s1tt

Lagoon wes SIIIPled on Ftbruuy n 1181

EPA declared an tlltrgtncy at the ICES site because the lagoon wes close to overflowing EPA Field Investigation Teabull (FIT) Contractor began s1tt 1nshyvesttgattons tncludtng tlltl9tncy lagoon belll st- btl hatton wort under Section 311 K fundtng

EPAs Ellltrgency Response Teabull (ERT) fro Edison NJ used 1 110btle carbon f11ter untt to draw the lagoon down 3-12 feet Lagoon WIS eventually drawn down four re ttMs due to potent1bull1 overshyflow fr0r11 rainfall

During the Sprtng of 1981 r1s1ng tnper1tures caused expansion of drUftl contents resulting tn rupturing and leaking on the ground The increased tetr~Perature also bullccelerated detertorltton of drum contatntng actd EPA engaged Marlyn Engtneertng for a dru11 stabilization prograbull consisting of overpacking poly-capping snap-capping or transshyferring ruptured drwtS Included was a subcontract with Rocktnghalll Security for a 24-hour security guard at the site These contracts were funded under the Comprehenshe Envtronlltntal Response Coshypensatlon and Liability Act of 1980 (CERCLA)

0~ zzH lt CO M -co 00 lgtZ-n H ltZ_

lgt or ocn 000o

n

)

August 13 1981

December 15 1981 Janary 1 1982

January 13 1982

March 24 1982

July 1982

__ FIT submitted Pre11bulltnary Stte Assessn~ent Report

FIT perforwed stte tnspecttons

fiT subnlttted Assess~~ent of Alternathes for Tmshyporary Stabtltlltton of Lagoon ii FIT subclttted proposed work plan for future acttons 0

~ zzEPA engaged a contractor to 1bull1nent hea1th ~lt

hazards (such IS shod-senstthes explosives ~ -10 weter reacthes toxtc gues and spontaneous COIIshy 00

lgtZbusttbles) fnNI warehouses at stte In addttton -ll

storage tank contents were to be rHOved as well as ~ltZ dupsters

or EPA detetntd that tntttal rlllld111 Masures IS 0lt1gt defined tn the National Contingency Plan (NCP) ue 0

appropriate for the KES stte The Zone 1 Contracshy os tor WIS notified to prepare a RIMdtal Actton n linter Plan (RAIIP) RAMP WIS sutttted

~~~S~~thi~~Ytd~~~~~~l ~~l~o~~~act d~ wstes f~ the site

Ttghe I Bond tRgaged by WSPCC to perforw a red111 1nvtst1gat1on and to prepare lagoon Just1f1cat1on docunt and btd doc~nts for lagoon decatss1onshy1ng

D and bulk weste ret10val contract CCMIIPleted

WSPCC envaved obullAppolonta waste Mlnagt~~tnt Services to rtCIOYe llgoon contents and deca-1ss1on the lashygoon

obullAppolonta COIIIPleted the lagoon deconnhstontng proJect

Prel1111tnary draft ret~tdtal tnvesttgat1on (RI) reshyport subtl1tted by T1ghe l Bond

EPA awards WSPCC a grant to contract wtth Camp Dresser amp McKee consulting engineers to conduct a bullSuperfundbull feasibility study (FS) The FS is to deten~tne the opt1mufl remedial actions to be taken to re110ve any public health or env1roMental risk and finally close the stte

)

August 13 1981

December 15 1981 Janary 1 1982

January 13 1982

March 24 1982

July 1982

__ FIT submitted Pre11bulltnary Stte Assessn~ent Report

FIT perforwed stte tnspecttons

fiT subnlttted Assess~~ent of Alternathes for Tmshyporary Stabtltlltton of Lagoon ii FIT subclttted proposed work plan for future acttons 0

~ zzEPA engaged a contractor to 1bull1nent hea1th ~lt

hazards (such IS shod-senstthes explosives ~ -10 weter reacthes toxtc gues and spontaneous COIIshy 00

lgtZbusttbles) fnNI warehouses at stte In addttton -ll

storage tank contents were to be rHOved as well as ~ltZ dupsters

or EPA detetntd that tntttal rlllld111 Masures IS 0lt1gt defined tn the National Contingency Plan (NCP) ue 0

appropriate for the KES stte The Zone 1 Contracshy os tor WIS notified to prepare a RIMdtal Actton n linter Plan (RAIIP) RAMP WIS sutttted

~~~S~~thi~~Ytd~~~~~~l ~~l~o~~~act d~ wstes f~ the site

Ttghe I Bond tRgaged by WSPCC to perforw a red111 1nvtst1gat1on and to prepare lagoon Just1f1cat1on docunt and btd doc~nts for lagoon decatss1onshy1ng

D and bulk weste ret10val contract CCMIIPleted

WSPCC envaved obullAppolonta waste Mlnagt~~tnt Services to rtCIOYe llgoon contents and deca-1ss1on the lashygoon

obullAppolonta COIIIPleted the lagoon deconnhstontng proJect

Prel1111tnary draft ret~tdtal tnvesttgat1on (RI) reshyport subtl1tted by T1ghe l Bond

EPA awards WSPCC a grant to contract wtth Camp Dresser amp McKee consulting engineers to conduct a bullSuperfundbull feasibility study (FS) The FS is to deten~tne the opt1mufl remedial actions to be taken to re110ve any public health or env1roMental risk and finally close the stte

) -

August 1985

August 1986

Draft Retdtol

-8shy

Public meeting will be held to present the ftndtngs of the dnft Rl to date and the schedule of events to follow

RlFS wtll be COftiPlete and remedial actions wtll connenn

Investtgatton Sulllry

Analyses of SIIIIPlts of groundwater and surface waters tn the Keefe Environmental Servtces (KES) stte vtc1ntty have detected elevated concenshytrations of a nulllber of prtortty pollutant metals In groundwater only ntckel has been detected at levels exceeding the applicable drtnktng wtter crtterta Further ntckel appears to be bulltgrattng off-stte vta the groundwlter route bull

In surflce water leaving the stte all prtortty pollutant Mtal conshycentrations except ntckel Ire substantially less than the applicable drtnktng water criteria However cadbullibull chro~~iu copper lead nickel and zinc exc11d the crtterta for the protection of sensitive bullquattc Hfe frot1 tither chronic or acute tox1c1ty

Seven volatile organic COIIPOunds hne been observed on-sttt at levels eacceeding applicable drtnktng Wlter criteria These COIIPOUnds are 11shydtchloroethane 12-cl1ch1oroethane 11 1-tr1ch1orwthane trichloroshyethylene benzene bullthylene chloride and tetrachloroethane Of these stx have b11n observed to be bulltgrattng off-site tn groundwater

In surface water 111-trichloroethane and trichloroethylene were detected at levels at which no significant that to han health or btou 1s expected

Three bastneutral extractable COIIIPOunds were found tn groundwater at levels significantly less than applicable drinking Wlter criteria No acid utractable compounds were detected in groundwater No acid or bueneutral extractable Cltlllpounds were found tn surface Wlter SIIIIPles

No pesticides or PCBs were detected in groundwater or surface water

Based on the RI wort conducted so far it appean that the swamps to the south southwest and northwest of the site are discharge areas for the shallow groundwater emanating fr0111 the site The residences on Exeter Road are upgradtent of this discharge area

Addtttonal Rl data needs include the assess111nt of son and sediment contara1natton both on-site and in the adjacent swaraps the eactent of conshytaratnatton tn the bedrock and shallow aquifers and tf 1n fact the site hydrogeology is what it appears to be fr0111 studtes conducted thus far This effort will involve the drilling of several new 110nttortng wells and additional sampling and analysis

1. barcode 576884
2. barcodetext SDMS Doc ID 576884