The AgForce Site (the Site) is located at the northeast boundary of the city limits of Herington, Morris County, Kansas. The Site has been the location of a succession of failed agricultural chemical businesses, the latest being AgForce Chemical, LLC. AgForce, along with Northeast Kansas Ag Chemical, LLC (the owner of the property) and Gregory D. Bachman, Managing Member/President of both AgForce Chemical, LLC and Northeast Kansas Ag Chemical, LLC, filed for bankruptcy in May 2007. The Site is currently being used by former employees of AgForce as an equipment staging area for row crop agriculture.
The Kansas Department of Health and Environment (KDHE) has conducted several investigations at the Site. In 2003, when Sunflower Services Inc. owned and conducted business operations on the property, KDHE conducted a Site Reconnaissance and Evaluation (RSE). Sunflower Services, apparently not related to AgForce, filed for bankruptcy protection in 2005. The Receiver for Sunflower Services transferred title to the property to Northeast Kansas Ag Chemical, LLC, in March 2006.
The Kansas Department of Agriculture (KDA) conducted several inspections in the fall of 2006, and noted cracks in secondary containment walls, various unlabeled containers filled with unidentified liquids stored outside containment area – some of which were leaking, and areas of stained soil, indicating materials had leaked onto the ground. According to information garnered by the U.S. Environmental Protection Agency (EPA), AgForce, LLC, last conducted operations at the property in March 2007. KDHE conducted a Preliminary Removal Site Evaluation (PRE) in March 2008. KDHE identified a number of tanks, drums, and stained soil on the Site. Samples collected during the PRE identified multiple herbicides, including 2,4-dichlorophenoxyacetic acid (2,4-D), atrazine, simazine, and propachlor. KDHE also prepared a Preliminary Assessment (PA) in May 2008. Based on the PA, KDHE concluded that releases from the Site were entering an off-site pond on property adjacent to the Site.
EPA conducted a removal assessment in August 2008, and additional samples were collected in 2009. All on-site tanks (26), drums (23), and totes (1) were evaluated to determine whether they contained any material. Samples were collected from 11 of the tanks for laboratory analysis. All of the drums were sampled and field screened to determine waste category. Three soil samples were collected from bare areas that would have otherwise likely have had vegetative cover. An additional six soil samples were collected from several inches beneath these bare areas and in close proximity to delineate the contamination.
A fund-lead Action Memorandum was signed in March 2009. In cooperation with KDHE and the Kansas Department of Agriculture (KDA) it was decided that much of the on-site material could be land applied. Field work, utilizing local farmers, was initiated on April 16. Approximately 40,000 gallons of a nitrogen-based fertilizer with trace amounts of 2,4-D and dicamaba from two tanks were applied to a grass field (a Conservation Reserve Program [CRP] field). In similar fashion, 5,150 gallons from 9 additional tanks were applied to various fields following KDA guidance.
During the week of October 12, 2009, EPA mobilized a five-person team from the Emergency and Rapid Response Services (ERRS) contract to the site. Approximately 16,000 gallons of liquid and 160 tons of soil contained within the bermed area were removed for future land application according to KDA direction. Material from almost 200 containers and one large tank, totaling approximately 4,000 gallons, were removed from the site for disposal. Land application of the aforementioned material will be accomplished within the next month.
