Congressional District # 08
UNITED SCRAP LEAD CO., INC.EPA ID# OHD018392928
Last Updated: April, 2012
Site DescriptionFrom 1948 until 1980, the 25-acre United Scrap Lead (USL) Co., Inc. site, located in the city of Troy, Concord Township, Miami County, Ohio, was used to reclaim lead batteries. An estimated 32,000 cubic yards of crushed battery cases were generated and used as fill material. The battery acid and the rinse water were disposed of onsite. Beginning in 1972, the acid was neutralized with ammonia prior to discharge onsite. In 1974, the state recommended implementing a more effective onsite treatment system. USL did not implement the suggested treatment because operations ceased, and the facility was closed shortly thereafter. The USL site was proposed for listing on the National Priorities List (NPL) of hazardous waste sites on September 8, 1983, and was made final on the NPL on September 21, 1984. There are about 20,000 people who live in the area of the site. the city of Troy's water supply is furnished by a well located approximately two miles up gradient of the site.
Site ResponsibilityThis site is being addressed through federal and potentially responsible parties' (PRPs) actions.
Threats and ContaminantsCurrent sampling and analysis of groundwater and residential wells indicates that there is no groundwater contamination at this time from site contamination. An estimated 56,000 cubic yards of lead-contaminated battery casing chips, and approximately 20,000 cubic yards of lead-contaminated soils remain onsite.
Cleanup ProgressIn 1985, the United States Environmental Protection Agency (U.S. EPA) excavated contaminated soil and battery casings from the western portion of the site and moved them away from nearby residents to the interior of the site. A Remedial Investigation was conducted from January 1986, to February 1988. In August 1988, the Feasibility Study was completed. A Record of Decision (ROD) was signed by U.S. EPA on September 16, 1988. On September 12, 1991, an Administrative Order by Consent was executed under which certain Potentially Responisble Parties (PRPs) constructed a fence around the perimeter of the USL Site to prohibit access. This action was an emergency protective measure to eliminate direct contact with the hazardous materials at the USL site.
Following a December 1991 Order by the District Court, the PRPs/Defendants, U.S. EPA and the Department of Justice entered into settlement negotiations. These negotiations continued for several years, while U.S. EPA explored alternative remedies for the contaminated soil and battery casing chips. In August 1992, U.S. EPA implemented certain components of the 1988 ROD remedy, while the other components were being reconsidered. This first phase of the Remedial Action (Phase I - RA) addressed offsite contaminated areas, secured onsite soils and battery casing chips, and also secured other site-related areas, leaving only onsite contaminated soil and battery casing chips (within the area fenced during the 1991 emergency action), to be remediated. A ROD Amendment was signed on June 27, 1997, that revised the cleanup levels for lead-contaminated soils at the USL site. As a result, the projected costs for remediating the site have been revised downward to $16.6 million from approximately $74 million. Remedial Design/Remedial Action (RD/RA) negotiations ended on July 31, 1998.
The Settling Defendants signed a Consent Decree (CD) for RD/RA that was filed in Federal court in Dayton, Ohio, on July 31, 1998, and entered on September 28, 1998. On April 23, 1998, U.S. EPA issued a Notice of Authorization to Proceed with the RA. Physical construction activities for the RA was completed in late 1999. On September 28, 2000, U. S. EPA approved the PRPs' RA Report. Deed restrictions are being placed on the site. In September, 2006, U.S. EPA issued a second five-year review for the Site.
This five-year review stated that institutional controls are necessary to protect against exposure to the remaining lead which was left in the soil. Although the risk assessment which supported U.S. ERA'S remedy decision would allow the re-use of the Site for commercial/industrial uses, there is too much lead remaining in Site soils for the Site to be used for residential purposes. The Site groundwater also should not be used as a source of drinking water. In order to prevent the Site from being used in a manner which is inconsistent with the cleanup and to fully carry out the requirements of the Amended ROD, EPA needs to implement institutional controls and record them in the chain of title for the property which encompasses the Site.
In December 2004, the State of Ohio passed its version of the Uniform Environmental Covenants Act (UECA), which had the potential to simplify institutional controls implementation at the Site. As Settling Defendant under the 1998 RD/RA Consent Decree, Charles Bailen, as president of the United Scrap Lead, Inc., had a duty under the Consent Decree to help implement institutional controls, and was willing to sign a UECA covenant. However, he died in December 2005, before the covenant could be executed. With his death, there is no one alive who was an operator of United Scrap Lead, Inc., a dissolved corporation. The Site enforcement counsel is seeking the assistance of the U.S. Department of Justice to ascertain possible methods of implementing institutional controls at the Site, given the current situation. One possibility which is being explored is asking the judge to appoint a Receiver for the Site, who would have the power to sign a UECA covenant with the needed restrictions. The UECA covenant will include maps in both paper and CIS format showing the area where institutional controls are required.
During the 2010 inspection, the Ohio EPA inspector did not observe any Site uses that are incompatible with the restrictions that need to be implemented. The Site is vacant, and there was no indication that the Site groundwater is being used as a drinking water source. While EPA's inability to implement institutional controls has not affected protectiveness in the short term, it would have the potential to impact them in the long-term.
On September 8, 2011, U.S. EPA issued the third five-year review for the Site. The review found that the The assessment of this five-year review found that the major components of the remedy including the excavation, treatment, off-Site disposal of lead contaminated soils, and installation of residential wells and fencing were performed in accordance with the requirements of the Amended ROD. All other remedy components including the groundwater monitoring program, but with the exception of the institutional controls, have been performed in accordance with the Amended ROD. The groundwater monitoring program has since been terminated at the Site. Institutional controls have not been fully implemented at the Site. Exposure pathways that could result in unacceptable risks are being controlled by preventing exposure to, or the ingestion of, contaminated groundwater. The remedy is considered to be protective of human health and the environment in the short-term. Long-term protectiveness will be achieved when institutional controls are fully implemented at the Site.
ContactsRemedial Project Manager, U.S. EPA
lolita hill (firstname.lastname@example.org)
Community Involvement Coordinator, U.S. EPA
AliasesUNITED SCRAP LEAD CO INC (SIA)