The Central Roig Sugar Mill Superfund Site is located in the middle of the Yabucoa Valley in Puerto Rico, a large agricultural area, and is bordered by the Puerto Rico Central mountain chain in the north, south and west, and the Atlantic Ocean to the east. The Central Roig facility is located less than 1-mile north of the urban area of the municipality of Yabucoa. The Site was operated as a sugar cane refinery for more than 80 years. The Site formerly included approximately 16 structures of various sizes used to store sugar, equipment/machinery parts, machinery, as well as a sugar cane processing line. The portion of the Site used for sugar cane processing is the largest of the many structures. In addition, there is a small laboratory building which stores many containers (ranging up to 1 liter in size) of hazardous chemicals. The Central Roig facility ceased operation and was abandoned in 2001, leaving behind many laboratory chemicals.
The Central Roig sugar refinery was acquired by Puerto Rico Land Authority (PRLA) in the 1970s and PRLA was in charge of the operation until February of 1998, when the property was transferred to Compania Matriz de la Central Roig, Inc. Pursuant to a judgment of the Superior Court of Humacao, the Site was conveyed back to the PRLA in July of 2012.
On February 23, 2012, an EPA On-Scene Coordinator (OSC) performed an inspection of the Site. During this inspection, EPA discovered friable asbestos over facility floors, pipes and boiler room areas. In addition, several large petroleum oil spills were discovered, as well as unsecured laboratory chemicals in Building 8, the former maintenance building. On March 6, 2012, an EPA OSC issued a Field Notice of Federal Interest (FNFI) to Central Roig under the authority of CERCLA, seeking its performance of a removal action to clean up the loose friable asbestos and abandoned laboratory chemicals. The EPA OSC issued a separate FNFI to Central Roig on March 6, 2012, under the authority of Section 311 of the Clean Water Act, seeking the cleanup of the petroleum oil spill at the Central Roig facility. The abandoned laboratory chemicals were inventoried on March 7, 2012. There were approximately 60 containers (ranging up to 1 liter in size), both with and without labels, of chemicals containing hazardous substances including: Ammonium hydroxide, Chloroform, Formaldehyde, Lead subacetate, Silver nitrate, and Sodium hydroxide. Central Roig complied with the removal of the ongoing petroleum oil spill detected in 2012 but failed to remove the abandoned laboratory chemicals or asbestos.
On January 9, 2013, an EPA OSC issued a FNFI under CERCLA to PRLA requesting that PRLA report to EPA by January 14, 2013 those removal activities which it has performed to mitigate the release or threat of release of hazardous substances from the unsecured laboratory chemicals.
On June 18, 2013, an additional oil spill was discovered by an EPA OSC on-site. The source of the spill was two tanks which stored number 6 oil that was used by the sugar mill operators to run the facility boiler system. One of the tank’s bottoms had failed and the material had leaked into an earthen culvert. The EPA OSC requested PRLA to immediately abate, remove and dispose of the oil. PRLA provided a Work Plan including a Quality Assurance Project Plan (“QAPP”) and Health and Safety Plan to the EPA OSC for review on June 25, 2013. The QAPP was not approved by EPA. Since submission of the QAPP, Respondent has excavated oil- contaminated soil and removed approximately 3000 gallons of oil and oily water.
On February 4, 2014, EPA OSCs inspected the facility to assess and document current Site environmental conditions. The two day inspection identified 40 additional containers (ranging up to 1 liter in size) of chemicals containing hazardous substances within the former maintenance building (Building 8). During the same inspection, the OSCs observed in Building 8 five 55-gallon plastic drums of Busan 1016 pesticide, which, according to the manufacturers material safety data sheet, is considered to be a characteristic waste under the Resource Conservation and Recovery Act, [cite]. The MSDS indicates the pesticide, if inhaled, can damage the upper respiratory tract, skin and eyes. In addition, approximately 100 linear feet of asbestos-containing material (“ACM”) was observed comingled with general debris and hazardous substance containers along the north wall of the same building. Evidence of leakage and/or spills of petroleum oil was observed upon the floor of this building. In addition, large amounts of petroleum oil within reservoirs beneath the sugar cane processing equipment were observed within Building 2. On February 10, 2014, pursuant to EPA direction, 10 bulk samples were collected from the Site for asbestos analysis. Seven samples were taken of roofing tar/mastic used to seal joints within the corrugated roofing of recently demolition structures. Three samples were of various pipe insulation materials observed within the former maintenance building. Of the mastic/tar samples, all contained chrysotile asbestos ranging from 2 to 10%. No asbestos fibers were found within the insulation material sampled within the maintenance building. In addition to the asbestos sampling, EPA directed the collection of 5 samples for polychlorinated biphenyl (“PCB”) analysis. Three of the samples were obtained from the floor of Building 8 and two from within Building 2. None of the samples contained PCBs.
Based upon the Findings of Fact, Conclusions of Law, Determinations, and other information available to EPA, including information concerning PRLA’s removal of potentially contaminated equipment and PRLA’s preparations for demolition of the potentially contaminated buildings, the EPA issued an administrative order on July 3, 2014 that PRLA shall undertake a removal action at the Site to remove the abandoned laboratory chemicals and loose asbestos-containing materials in accordance with the description in the Order.
