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On November 17, 2006, USEPA received National Response Center Report #818468 concerning a fuel release to Lake Erie via a storm sewer in Luna Pier, Michigan. City officials had contained the release by shutting down a pump station that pumps storm water from the cities storm sewer system into Lake Erie and hired a cleanup contractor to begin recovering fuel from the sewer. The source of the fuel oil was traced through the sewer system to the Sunoco Service Station. The Sunoco Station is located at the origin of this sewer line and is the only bulk fuel distributor in Luna Pier. USEPA responded to a request for assistance from the city. Upon arrival at the station at approximately 12:15 pm, fuel oil was observed flowing into the storm sewer from the Sunoco Station’s storm water collection system and entering the Luna Pier pump station.
The Luna Pier Fire Department shut down the service station due to the hazards posed by the continuous release of fuel and until the source could be identified and stopped and the lines were pressure tested to confirm their integrity. USEPA issued the station owner a Notice of Federal Interest and explained his obligations as the owner/operator to hire a cleanup contractor to begin collection of free product in the storm sewer, prevent any additional migration of product into the storm sewer, and locate and secure the source of the release. The owner stated that it was not his product and asked how it could be proven that it was his responsibility.
USEPA and City of Luna Pier Public Works and Fire Department conducted air monitoring of the storm sewer between the Sunoco Station and the Pump Station using a Multi-RAE 5 gas meter. All readings were within normal ranges except volatile organic carbons (VOCs) were recorded as high as 250 parts per million (ppm). All Lower Explosive Limit (LEL) readings were 0%. Discussions with a maintenance company that provides service to the station stated that there had been indications of "problems" for about a week and that he had informed the owner on November 17, 2006 that he should shutdown the pumps until problems encountered at some of the pumps could be identified and fixed. At approximately 2:15 pm, the owner still had not contacted a cleanup contractor and the city’s contractor installed a plug in the storm sewer at the Sunoco Station to prevent any additional release to the city storm sewer. The owner could not provide information on inventory and stated that he was not aware of any leaks or missing product. USEPA explained the necessity to hire a contractor to begin cleanup and the owner stated that he would speak to the city’s contractor if USEPA and the City Officials brought the contractor to him.
Based on the Area Contingency Plan, the area falls within United States Coast Guard (USCG) zone, and USCG assumed the role of Federal OSC upon their arrival. USEPA remained on scene to provide technical assistance. An inspection of the storm sewer outfall to Lake Erie revealed sheen and free product on and around the beach. At approximately 3:30 pm, USEPA, USCG, City Officials and the City's cleanup contractor went to meet with the station owner to discuss the response actions. The station manager stated that the owner had left for the day. The owner was contacted by phone and stated he was on his way to a meeting and could not return to the station and would send a representative in his place. At approximately, 5:30 pm the USCG issued a Notice of Federal Interest to the station owners representative and again instructed him to begin cleanup actions to include deployment of sorbent and containment boom at the outfall.
At approximately 7:00 pm, the station representative stated that he did not have the financial resources to hire a contractor to deploy boom and contain the fuel oil. He then told the USCG to take whatever response actions were necessary. USCG began cleanup activities on November 17, 2006 and maintained boom and visual inspections through November 21, 2006.
On November 20, 2006, USEPA contacted the Michigan Department of Environmental Quality (MDEQ) Waste and Hazardous Materials and Leaking Underground Storage Tank Divisions and arranged to meet at the station. MDEQ began an inspection and found that the service station had hired a contractor to test the fuel lines at the station. Line testing confirmed a leak in the diesel fuel line at the station, and on-site MDEQ inspections revealed mixtures of fuel in a containment pan beneath a gasoline pump. USCG collected samples of this fuel as well as representative samples from all the tanks at the station. A meeting was conducted with the station owner and representatives from USCG, USEPA, MDEQ and City of Luna Pier. The owner was again instructed to hire a contractor/consultant to identify the location of the release, recover all free product from the ground, prevent any additional release to the city storm sewer, and complete integrity test of all lines and tanks on site. The station will remain closed until completion of all line testing. Based upon the confirmed release via the failed line tests, the station could remain closed until recovery of all free product below ground. Additionally, USCG is planning to issue an Administrative Order under the Clean Water Act detailing all the requirements for the cleanup.
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