On Wednesday, July 11, 2012, EPA received a request for assistance from FDEP for a site involving improperly stored, and leaking containers of hazardous substances.   OSC Russell responded to the site on July 11 and met with FDEP representatives, the site property owner, and the PRP.  The initial inspection revealed 7 covered trailers and 2 box trucks containing hazardous substances.  The initial inspection revealed leaking containers of flammables, acids, and bases.  Furthermore, evidence of continual trespassing by youths was observed and the PRP advised that trespassing on site is a constant issue (two residential areas are in close proximity). The PRP stated he would contract with a cleanup contractor, and scheduled a meeting for the morning of July 12, 2012.

On July 12, the PRP received a quote from SWS to complete removal activities at the site, and stated he was unable to pay for the removal activities and advised EPA that he could not perform the actions necessary.  EPA issued a Notice of Federal Assumption to both the PRP and the property owner.

1.1.2.1 Location

1080 S. John Rodes Blvd
Melbourne, FL 32904

1.1.3 Preliminary Removal Assessment/Removal Site Inspection Results

Approximately 3500 containers are located at the site, stored inside 7 trailers and 2 box trucks.  Some of the containers were leaking and/or stored with incompatible substances.  Flammables, acids, and bases are stored in the trailers and some of the containers were leaking.

On July 12, the PRP received a quote from SWS, an environmental cleanup contractor, for removal activities at the site.  After receiving the quote, the PRP advised the EPA that he was unable to conduct the necessary removal actions.   EPA issued a Notice of Federal Assumption and both the PRP and property owner signed the notices, as well as new Access Agreements that included removal operations.

Since demobing from the initial response, EPA has been working with the Defense Logistics Agency to try and encourage DLA to remove wastes that originally belonged to them.  On the evening of July 31, 2012, EPA was advised that DLA would not be conducting a removal action at the Site.  In turn, EPA mobilized back to the Site to continue efforts to mitigate the release of hazardous substances into the environment.  Upon returning to the Site, OSC Russell made verbal contact with the property owner and advised him that EPA was back on Site to conduct further work.  Furthermore, two attempts were made via telephone (7/31 and 8/1) to advise the PRP (owner of the trailers and waste) that EPA was returning to the Site.

On January 8, 2014, OSC Russell and WRS PM Libera traveled to the Site to conduct a Site walkthrough before the start of the pending Removal Action.  Upon arriving on Site, OSC Russell and PM Libera met with Mr. Wayne Dickinson and Mr. Wayne Wright.  A trailer with approximately 60 55-gallon drums was loaded and ready for transport upon EPA's arrival.  Mr. Dickinson advised that he had overpacked all of the smaller containers, as well as commingled some of the materials in other containers, and that these drums were being taken to a new storage facility in Rockledge, Florida due to Mr. Dickinson being evicted from the Site by Mr. Mike Smith.  OSC Russell and PM Libera traveled to the Rockledge Site with Mr. Dickinson and noted that some of the trailers from the John Rodes Site were now at this location. Furthermore, approximately 15 55-gallon containers were noted at this Site as well.

Upon returning to the John Rodes Site, Mr. Dickinson advised that although the trailers that hold/held the materials were once stored on Dike Road but were then transported to the John Rodes Site because he was evicted from the Dike Road Site, and that although the materials have been stored at the John Rodes Site for approximately 2.5 years, and the fact that the materials are nearly 30 years old, he still feels that the materials are "products" rather than wastes.  As has been the case since the initiation of actions at this Site, Mr. Dickinson was advised that he could find end-users for materials he considers products, as long as he coordinates the removal of the materials with the EPA. Mr. Dickinson advised that he had contacted a used oil recycler who was going to take the drums of commingled used oil. It was agreed that OSC Russell would meet Mr. Dickinson and the Oil Recycler on site the morning of January 19th to ensure that the Oil Recycler is a legitimate business.

Mr. Dickinson inquired to the future actions by EPA concerning this Site and he was advised that the EPA will be conducting a Removal Action at the Site starting next week.  He was also advised that he can still try and find end-users for the materials before they are removed by the EPA. Mr. Dickinson asked that he be given the whole week to find end users before our actions begin. Mr. Dickinson was advised that he will be allotted that timeframe, but that he should coordinate any removal of materials with EPA before materials leave the Site.