The Site is located in a residential and light-industrial area. The Site is immediately surrounded by residential properties (less than 50 feet away) on the northeastern border and other industrial properties border the rest of the Site. The Site includes an office building, and one large interconnected building for plating operations. The total approximate size of the building is 50,000 square feet.
Plating and manufacturing activities have been occurring at the Site since the 1880’s. The facility has had numerous owners, but electroplating has been the primary industry on the Site for the majority of its operating history.
The DLH Plating Company is a “job-shop” plating operation that plates steel with zinc and cadmium. At one time, the facility operated as many as seven plating and coating lines. Prior to February 2007, DLH operated an on-site waste water treatment system for hexavalent chrome reduction, cyanide oxidation, and metals flocculation. Hazardous wastes generated at the facility have included F006 waste water treatment sludge along with F007, F008, D003, D006, and D007 spent plating solutions and sludges. DLH Plating Company leases the property from the Grand Avenue Realty Company.
Compliance Background
The OEPA, NEORSD, and the Cleveland Fire Department have documented the presence of hazardous substances at the Site.
Northeast Ohio Regional Sewer District (NEORSD):
On September 5, 2007, NEORSD performed an investigation at the facility and found numerous discharge violations relating to cyanide, cadmium, zinc and total metals into the sewer system from the facility. On November 1, 2007, a representative from the NEORSD collected a solid sample from crystallized material on an exterior wall of the facility along Evarts Avenue. The sample results documented high levels of cyanide (2,858 milligrams per kilogram [mg/kg]), cadmium (7,000 mg/kg), and chromium (47.9 mg/kg) on the exterior wall of the facility.
On December 6, 2007, an Administrative Order was issued to DLH Plating by the NEORSD requiring DLH to fix problems associated with the pump house which was believed to be the source of the contamination in the sewer system. The NEORSD referred the Site to the OEPA on December 12, 2007. On December 19, 2007, a Notice of Violation was sent to DLH Plating regarding the violations of the NEORSD Code of Regulations.
On March 31, 2008, NEORSD issued an Administrative Order which required DLH to: block off all access to the sewer system; dispose of all hazardous wastes on Site; and to conduct a groundwater contamination investigation.
On April 15, 2008, a Notice of Violation was sent to DLH Plating and the Grand Avenue Realty Company informing them that they failed to meet the requirements of the March 31, 2008, Order.
On April 16, 2008, NEORSD ordered DLH Plating and the Grand Avenue Realty Company to immediately suspend any and all discharges into the public sewer system.
Cleveland Fire Department:
On March 25, 2008, the City of Cleveland’s Fire Department performed an inspection
of the DLH Plating facility and found the following significant violations of the City of Cleveland Codified Ordinances:
• There was open burning inside the electroplating building. An illegal “home made” wood burning stove was being utilized to heat the facility.
• The sprinkler system inside the electroplating building was out of service.
• The fire alarm system was out of service.
• There were leaking plating tanks inside the building and spillage of unknown liquids on the floor around the plating tanks.
• There were damaged plating tanks with unknown liquids inside.
• There were numerous holes in the roof leaking rain and debris into the electroplating tanks.
• There were open electrical junction boxes and exposed wiring as well as corroded electrical junction boxes.
• There were numerous electrical extension cords submerged in water used within the plating tanks and surrounding operations.
• There was chemical spillage throughout the process and storage areas of the electroplating building.
• The dikes surrounding the plating tanks were filled with debris.
• There were numerous barrels with hazardous waste that were not labeled or identified. The chemical storage area and containers were not labeled properly.
• There were sludge wastes throughout the electroplating building. Empty plating tanks were being utilized as waste receptacles and contained unidentified liquids.
In a letter hand-delivered to DLH Plating on March 25, 2008, the City of Cleveland’s Division of Fire ordered the company to “IMMEDIATELY CEASE OPERATIONS of the electroplating tanks and operations at your facility.” The letter further directed DLH to immediately abate the hazardous and dangerous conditions at the facility.
On July 14, 2008, in an “Agreed Judgment Entry”, in the Cleveland Municipal Court Housing Division, Cuyahoga County, Ohio, DLH Plating, LLC and North Coast Reality agreed to and were issued Permanent Injunction from conducting plating operations at the facility.
Ohio Environmental Protection Agency (OEPA):
During an OEPA inspection on January 4, 2008, the owner of DLH provided the following information: all sewer connections have been blocked off (coordinated with NEORSD); DLH Plating filed for Chapter 11 bankruptcy protection in July 2007; the on-site waste water treatment system was shut down because it cost too much to operate; the gas supply to the facility has been shut off resulting in no heat; and, the last off-site disposal of hazardous waste was on July 14, 2006.
A significant portion of wastes are listed as F006, F007, and/or F008 hazardous wastes comprised of sludges and solutions from electroplating operations where cyanides are used in the process. The waste may also be D002, D003, D006, and/or D007 hazardous waste. On January 14, 2008, OEPA conducted a facility inspection and observed the following wastes and/or hazardous substances at the DLH facility:
1) Unknown waste in four tanks used to hold spent rinse waters in the pump house (waste currently in an on-site frac tank);
2) Unknown waste in six tanks used for waste water treatment;
3) Three holding tanks containing F006 and F008 hazardous wastes;
4) Roll-off box containing F006 and F008 hazardous wastes;
5) Forty-three 20-gallon drums containing sludge from the cadmium line;
6) Fifty-four 55-gallon drums and one tote with unknown contents near the filter press/cadmium line area (reportedly from the building demolition);
7) Several out of service plating vats located along the cadmium line with unknown contents and releases of wastes to the surrounding floor;
8) F007 and F008 sludge located in an out of service Cadmium line along with releases of wastes to the floor and exterior wall;
9) Fourteen totes containing spent plating rinse waters; and
10) Fourteen 55-gallon drums and forty 5-gallon containers with unknown contents located in the chemical storage area;
The majority of the waste containers were open and/or in poor condition. Releases of wastes to the floor and exterior wall were noted in the area of the cadmium line. In addition, the containers and lines are subject to precipitation from wide spread roof damage. All drums/containers/vats require characterization and disposal as well as any liquids spilled on the floor throughout the facility.
On January 17, 2008, OEPA issued a Notice of Violation (NOV) based on the January 4, 2008, inspections. Eighteen violations were listed in the NOV.
On April 15, 2008, OEPA issued a second NOV based on the January 4, 2008, inspection and a subsequent inspection conducted on April 9, 2008. The April 15th NOV documents the facility’s failure to address any of the violations listed in the initial January 17th NOV.
U.S. Environmental Protection Agency:
On April 9, 2008, U.S. EPA accompanied OEPA, Cleveland Fire Department, and NEORSD representatives on an inspection of the facility. All violations listed in the January 17, 2008, NOV were observed during the Site visit. On April 14, 2008, Emergency Response Branch 1 received a referral package from the OEPA requesting assistance in conducting a removal Site evaluation and potential removal action at the DLH Site.
