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2.1.1 Narrative
In accordance with the statement of work (SOW), in the EPA Administrative Order on Consent (AOC), Respondents International Paper Company Inc. (IP) and McGinnes Industrial Maintenance Corporation (MIMC) have 30 calendar days to begin construction for the time critical removal action. On November 8, 2010 the EPA finalized a work plan that details the construction of a temporary cap that will stabilize the release or threat of release of hazardous substances into the San Jacinto River.
2.1.2 Response Actions to Date
On January 5, 2011, EPA remedial project manager (RPM) Leos conducted a site inspection and documented that all on site field activities at the site have stopped not in accordance with the Work Plan or the Work Plan Schedule. The Respondents resumed some on site field activities on February 1, 2011 in preparation for implementing the time critical removal action.
On February 17, 2011, the respondents began the waterside placement of armor cap D rock on top of the eastern waste pit cell. The eastern cell is under approximately 4 feet of water (during low tide) so placement of rock is being completed via barges stationed in the water alongside the eastern pit. Access road improvements along the Texas Department of Transportation (TxDOT) Right-of-Way (ROW) adjacent to the waste pits continue, preparation of office trailers for onsite project management is completed, and as of June 1, 2011 approximately 20,641 tons of Armor Cap D rock has been placed in the eastern cell.
On February 23, 2011, the respondents began the clearing and grubbing of the western cell in preparation for cap placement. The clearing and grubbing involves the use of an excavator that is removing large trees, shrubs, and vegetative debris that has grown on top of the western cell. All debris that may be potentially contaminated will be temporarily staged on top of the western cell. Any off site disposal of vegetative debris with visible contamination will be first sampled for disposal analysis and sent to the appropriate EPA approved subtitle C or subtitle D hazardous waste landfill.
On March 16, 2011, the respondents began the waterside placement of armor cap C on top of the eastern waste pit cell. As of June 1, 2011, approximately 9,708 tons of armor cap C has been placed.
On March 18, 2011, the respondents began the land side placement of armor cap A and B/C on top of the eastern cell. Similar to the waterside placement, a geotextile fabric is carefully placed on top of the eastern cell prior to the placement of rock. Some initial clearing and grubbing of shrubs and trees took place prior to the placement of rock along the central and southern berms along the eastern cell. As of June 1, 2011 approximately 12,459 tons of armor cap A and 1,927 tons of armor cap B/C have been placed.
On March 28, 2011, the respondents began the waterside placement of armor cap A on top of the Northwestern portion of the western waste pit cell.
Due to concerns raised by the EPA in a letter dated April 8, 2011about the displacement of waste sludge in the Western cell during the clearing a grubbing operations, the respondents modified their approach by mixing portland cement into low lying areas in western cell for solidification and stabilization of waste prior to placement of the geotextile / geomembrane fabric and armor cap.
On May 19, 2011, the respondents finished the waterside placement of the armor cap in the Eastern cell pending final hydrographic surveys for any rework areas.
On June 2, 2011, the respondents began the land side placement of the armor cap in the Western cell. Placement of the armor cap followed the completion of the western cell preparation which included clearing and grubbing on site vegetation, solidification of low lying areas, shaping and grading, placement of granular fill, and installation of geotextile fabric and geomembrane liner.
Total approximate rock placed (armor cap A, B/C, C, and D) as of June 1, 2011 is approximately 43,735 tons which is 72% of the entire project.
2.1.3 Enforcement Activities, Identity of Potentially Responsible Parties (PRPs)
Currently, EPA is working with Respondents International Paper Company Inc. and McGinnes Industrial Maintenance Corporation under an EPA issued Administrative Order on Consent. In December 2010, Respondents did not complete certain Work activities in accordance with the Work Schedule and stopped all Work activities on January 5, 2011 in violation of the AOC. The EPA issued Notice of Violation Letters on January 14, January 21, January 24, and March 3, 2011 for noncompliance with the AOC. Respondents have requested EPA to excuse their noncompliance with the AOC due to force majeure. The EPA has reviewed the record and determined that there is no evidence of a force majeure event. Respondents are in the process of correcting their noncompliance with the AOC. On March 3, 2011 the EPA issued its first status of noncompliance letter to Respondents documenting the first corrections to their noncompliance activities under the AOC.
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