Bissen Asphalt operates an asphalt business at 934 Shiloh Road in Sturgeon Bay (Door County), WI.  There is a large quarry lake (approximately 9 acres) at the property that is associated with the company’s operations (former quarry pit).  EPA received reports of an oily liquid waste in the quarry lake and intermittent sheening resulting from the discharged material.  There is a surface hydrological connection between the quarry lake and Sturgeon Bay (a Traditionally Navigable Water and part of Lake Michigan). 

EPA learned from its investigation of the reported discharge that a spill occurred on or about August 1, 2011.  The Bissens were reportedly salvaging a storage tank obtained from a third party in an open area adjacent to the quarry lake.  An oily/water mix remaining in the storage tank flowed from their work site into the northeast edge of the quarry lake.  An attempt was made by the PRPs at the time of the spill to contain and capture the spilled material, but not all of it was recovered.  The spill was not reported to the NRC or the WDNR.

1.1.3 Preliminary Removal Assessment/Removal Site Inspection Results
OSC Fred Micke assisted with a multi-agency inspection (search warrant) on September 28, 2012.  OSC Micke issued a Notice of Federal Interest to Rick Bissen, property owner, during that inspection.  Samples collected during that inspection were determined by the USCG Marine Safety Laboratory to be representative of spilled oil.

Upon OSC Micke’s retirement at the end of 2012, the Site was assigned to OSC Kathy Halbur.  OSC Halbur conducted a recon visit as part of a second inspection warrant on April 8, 2013.  Numerous others from EPA and assisting agencies also participated in this assessment.  The discrete surface hydrologic connection between the quarry lake and Sturgeon Bay via Saumuelsons Creek was apparent and documented during this visit. Oily material was observed on the lake bottom near the shoreline and sheening was apparent near the lake outfall during the April 8, 2013 site visit.

EPA issued a "Request for Access and Information Pursuant to Sections 308 and 311 of the Clean Water Act" letter to Bissen Asphalt LLC on August 2, 2013.  Richard Bissen signed EPA's access agreement on September 6, 2013.  OSC Halbur conducted a site reconnaissance walk with Mr. Bissen and representatives from Robert E. Lee & Associates (REL), the PRP's environmental consultants, on September 30, 2013.  The spill location was identified and evaluated.  Small globules of black gelatinous material were observed at various points along the quarry lake shoreline.  Some globules maintained their form while others broke up when touched.  A work plan for additional assessment and a voluntary removal action(prior to winter) was discussed at the conclusion of the September 6, 2013 site visit.

The property owner/operator, Bissen Asphalt, is the only known PRP.  The Bissens assumed responsibility and conducted a voluntary removal action.

No further action is planned.  This is the Final POLREP. 

Weather conditions presented significant logistical challenges at this Site.  The annual operational period is short due to the Site location in northern Wisconsin.  Cold water temperatures limited dive team operations.  Additionally, the lake froze each winter, with high water in the spring, and intermittent flow in the creek during the summer.

U.S. Coast Guard

U.S. Fish and Wildlife Service

Wisconsin Department of Natural Resources