1.1.1 Incident Category

            Time-critical, fund-lead removal action from state referral.

1.1.2 Site Description

The AgForce Site (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 and Northeast Kansas Ag Chemical, 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 the 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 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.

1.1.2.1 Location

            The Site is located at 1401 Helen Street, Herington, Kansas, 38.6772 degrees north latitude and 96.92650 west longitude.
            

1.1.2.2 Description of Threat

            The Site has numerous containers that have fertilizer with trace levels of a variety of herbicides.  Most of these containers are exposed to the elements and are showing signs of corrosion.

1.1.3 Preliminary Removal Assessment/Removal Site Inspection Results

            The START Removal Assessment report is an attachment in the documents section of this website.

•      An additional 10,000 gallons of herbicide-tainted fertilizer will be land applied following the Kansas Department of Agriculture specifications.
•      Approximately 5,000 gallons of herbicide-tainted fertilizer will require treatment (e.g., through a wastewater treatment facility).
•      Approximately 1,200 gallons of miscellaneous hazardous waste will require incineration.
•      Approximately 200 cubic yards of herbicide-contaminated soil will be land applied.