United States Environmental Protection Agency
Region II
POLLUTION REPORT

Subject: 

Site is a defunct paper converter which manufactured tissue and toilet paper, and is located within 10 feet of the Battenkill River in upstate rural NY. Owner operates a business office at the site, but manufacturing ceased 12 years ago.

Since April, 2004, OSC has been working with the owner to remove approx. drums of hydraulic fluid, PCB fluids, waste oil and other chemical substances.  The CERCLA removal action was completed in June, 2005.

During the removal action, the OSC observed a large oil tank on the property.  Closer examination revealed the presence of approx. 10,000 gallon of aged #6 oil being stored in what was a deteriorated metal tank that had inadequate secondary containment.

Inasmuch as the mill has been shut down for 12 years and will never operate again, the OSC determined that the oil being stored in the deteriorated tank, with less than adequate secondary, constituted a significant threat of a release of petroleum to a navigable waterway of the United States.  Because of the Petroleum Exclusion in CERCLA, the oil will be now be addressed with funding authority under CWA-Oil Pollution Act '90.  The owner has agreed to cooperate with EPA and have the oil removed.  

See separate site profile for "Bio-Tech Mills-CERCLA" for additional information.

The NPFC has given EPA an additional $10,000 to complete the removal, bringing the total amount of funds allocate to this project to $60,000.

During this reporting period the ERRS contractor transferred approximately 150 gallons of #6 oil from a sump inside the main building to the storage tank.  ERRS also drained 30 gallons of #6 oil from the filler pipe going to the tank.  The pipe was capped and left in-place.

The disposal company which was scheduled to pick up the remaining approximately 2,000 gallons of oil reneged on it's agreement with Earth Tech and refused to send a truck, claiming that the oil in the tank was not the oil initially described.  Efforts to contact other potential end-users was unsuccessful, although a local paving contractor said he would take the oil if the paving season was still underway.  His oil tanks are not heated, so he cannot store oil over the winter.

In addition, the ERRS contractor informed the OSC that almost all funds have been depleted, and there are no additional funds available to the Region at this time.

None at this point.  The OSC has determined that in view of the lack of funds, and affordable disposal options for this material, the removal is finished, and the approximately 2,000 gallons of oil will have to remain in the tank until the paving season resumes in April, at which time the paving contractor will be contacted again.

DEC has been contacted about the situation and will meet the OSC for an inspection of the premises on 1/15/07.

Disposal of the remaining oil in the tank.

The #6 oil removed from the above ground storage tank was transported off-Site for recycling