1.1.1 Incident Category

 Abandoned auto salvage yard, aka junkyard.

1.1.2 Site Description

The Site is a former auto salvage business that became defunct in 2013.  Thousands of junked vehicles were crushed and disposed of by an "unknown" party and more than 100+ drums of waste oil and paint wastes were left at the property, mostly in drums left in bunches or individual locations throughout the approximately 100 acres of vacant land comprising the Site.  In addition, there are a number of out-buildings that most likely contain drums and tanks of waste oil and other automotive fluids and wastes.  In addition to the Site proper, there are approximately 30 drums of waste oil and solvents behind the RPs house, which is contiguous to the junkyard site.

1.1.2.1 Location

The Site is located on approximately 100 acres of predominantly vacant (open) land in Perth, NY.  The Site has an access road from State Road 30 that leads directly into the property.  There is one residence on the property and a number of enclosed workshops.  There are a number of stream running through the Site, and one stream running N-S along the eastern side of the property, almost parallel to Rt. 30 connects with the Mohawk River approximately 8 miles south in Amsterdam, NY.  The Mohawk River is a navigable waterway of the US and is part of the Erie Barge Canal System.

1.1.2.2 Description of Threat

All of the drums are deteriorated and rusted and placed either directly on the ground or are staged in the beds of pick up trucks that are lying on the ground.  The immediate threat is from an unknown number of leaking and/or overturned drums of waste oil and paint wastes, including paint solvents, leaking directly onto the ground.  The secondary threat is from other deteriorated drums that will begin to leak with the coming winter weather.  The proximity of a small wetlands and stream running through the Site raises a possibility of a release not only to the ground but into the wetlands.

1.1.3 Preliminary Removal Assessment/Removal Site Inspection Results

A walk through of the site by the OSC and a representative of the NYSDEC in September, 2016, revealed the presence of 100+ drums of automotive waste liquids as described above.  The property is owned by the RP but is not being used for any productive purpose.  The thousand of junked vehicles that were there as recently as 2013 have been crushed and hauled away, but thousands of gallons of fluids from those vehicles have been left at the Site.

2.1.1 Narrative

This Site was referred to EPA by the NYSDEC on October 4, 2016 for a removal action.  

On 10/12 the OSC visited the Fulton County Clerk's office and obtained property deeds and current tax map of the property that makes up the Site.  The OSC was informed that the property owner had submitted an application to subdivide 4 2-acre parcels from the largest parcel (75 acres).  the Clerk's office was unsure of the status of the application and referred the OSC to the Perth Planning Board.

On 10/13 the OSC has met with the property owner and discussed access.  The owner  initially refused to sign an access agreement, but after further discussion agreed to reconsider.  He promised a decision by next week.

On 10/13 the OSC met with the Perth Town Clerk and obtained copies of the Planning Board's 3-21-2016 meeting minutes.  The Board approved the application for sub-division and the property is currently on the real estate market for sale.

On 10/18 the property owner (PRP) granted EPA written access to the Site.  In addition he stated to the OSC that he had some drums stacked behind his house that he wanted removed.  The OSC found 25 of these drums, some of which are actively leaking, stacked in truck beds and buried in heavy weeds.  Inasmuch as these drums are on contiguous properties owned by the PRP, they will be included in the removal action.

On 10/24 -10/26, 2016, under the direction of the OSC, EPA's Removal Support Team (RST) Weston Solutions, conducted a sampling/haz-cating and GPS mapping of the drums and other containers at the Site.  On 10/24 RST used a Trimble GPS device to map the location of containers and oil-stained soil locations.  The GPS points and descriptive notations will be superimposed on a Google Earth image which will be available in paper and electronic form. 

 RST also updated the drum count to 180 drums on Operable Unit #1 (the junkyard) and 30 drums on Operable Unit #2 (the RP's residence).  On 10/25 and 10/26 RST acquired 10 drum samples for TCLP laboratory analysis and 15 samples for field testing (haz-cating).  The field tests revealed the presence of samples with very low flash points (waste gasoline) and chlorinated organic liquids (degreasing solvent); degreasing solvent typically contains trichloroethylene (TCE) or methylene chloride, both of which are CERCLA listed Hazardous Substances.  TCE is also a RCRA D040 listed Toxic Waste and possibly a RCRA F001 waste.  The presence of  hazardous and toxic chlorinated waste is presumptive at this point pending receipt of the TCLP test results.  Chemical odors were present at various down-wind locations at the Site, typical of paint thinner, lacquer thinner,  or waste paint.  Visual observations of some samples suggest the presence of ethylene glycol anti-freeze.  Ethylene glycol is a CERCLA listed hazardous substance.  Lab samples include what appears to be used/waste oil, possibly used brake fluid, and other automotive fluids. 

2.1.2 Response Actions to Date

See above.

2.1.3 Enforcement Activities, Identity of Potentially Responsible Parties (PRPs)

According to the property deeds it appears that the property was originally jointly owned by Gary R. Dudka (the father) and Frances Dudka (the mother).  Upon her death in 2004 France's share of the property went into a revocable trust, with Paul Dudka (the son) as trustee.  In 2014 (a year after all the junked cars  were removed) Paul Dudka sold his mother's share of the property to the father, Gary, for $1 and "other considerations".   At this point there are two possible PRPs:  Gary R. Dudka, and Paul Dudka, who is believed to have operated the auto parts business.

 2.1.4 Progress Metrics

2.2.1 Anticipated Activities

2.2.1.1 Planned Response Activities

Continue drafting Action Memo.

3.1 Unified Command

n/a

3.2 Cooperating Agencies

NYSDEC