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 11 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.
On 11/14 the laboratory report of the analyses of the 11 samples acquired in October, 2016 was received and reviewed by the OSC. As suspected, all of the samples had high concentrations of volatile and semi-volatile compounds, as well as numerous CERCLA Listed Hazardous Substances. One sample had 500 PPB of methyl-tert-butyl ether (MBTE). Other samples had typical Gasoline Range Organic (GRO) compounds such as octane, nonane, ethyl benzene, naphthalene and mixed xylenes. The lab reports that PCBs or dioxins were not detected. The full analytical report has been added to the Documents section of this web site.
On 11/15 the draft Action Memo was updated to include the analytical results and was forwarded to RPB management for further processing.
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
Waste Stream |
Medium |
Quantity |
Manifest # |
Treatment |
Disposal |
waste oil |
drums |
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waste oil |
tanks |
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paint solvent |
drums |
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anti-freeze |
drums |
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aged gasoline |
drums |
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misc. fluids |
druums |
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