UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

\ REGIONS 299553"
o 77 WEST JACKSON BOULEVARD
f CHICAGO, IL 60604-3590

MEMORANDUM REPLY TO THE ATTENTION OF

SUBJECT: ACTION MEMORANDUM - Request for a Time Critical Removal Action at

the Skinner Landfill Tri-E Technologies Site, West Chester, Butler County, Ohio
(Site ID # 0573)

FROM: Kathy Clayton, On-Scene Coordinator ,

Emergency Response Branch - Section 1

TO: Richard C. Karl, Director

Superfund Division

THRU: Jason H. El-Zein, Chief

Emergency Response Branch 1

I. PURPOSE

The purpose of this memorandum is to document your approval to expend up to $92,269 to abate
an imminent and substantial threat to public health and the environment present at the Skinner
Landfill Tri-E Technologies Site (the Site) in Butler County, Ohio. This action is necessary to
mitigate the immediate threat to human health and the environment posed by elevated levels of
lead from deteriorating cardboard containers.

The presence of CERCLA hazardous substances at the Site has been documented in the soil
that is adjacent to a groundwater trench and near a waterway. Concentrations of lead in the
deteriorating containers were found to be 80 times the regulatory limit for a RCRA hazardous
waste, established in 40 CFR §261.24.

The response action proposed herein will mitigate Site conditions by proper identification and
off-site disposal of all lead-containing hazardous waste and soils. Because hazardous substances
exist in substantial quantities and in an uncontrolled manner, this removal should be classified as
time-critical. The project will require an estimated 10 working days to complete.

U.S. EPA previously took a remedial action at this Site. The Skinner Landfill was placed on the
National Priorities List (NPL) in 1982. The first Unilateral Administrative Order (UAO) was
issued to the potentially responsible parties (PRPs) in 1992. As a result of the initial UAO,
the immediate risk from the Site was stabilized through construction of a fence around the
contaminated area, provision of an alternate supply of drinking water to the potentially affected
users of the groundwater, and groundwater monitoring. The second remedial action, initiated in

Recycled/Recyclable • Primed with Vegetable Oil Based Inks on 50% Recycled Paper (20% Postconsumer)
1993, addressed potential future migration of Site contaminants into the groundwater and limited
the potential for direct exposure of Site contaminants to humans through source control
measures. Further discussion regarding completion of this remedial action is set forth below in
Section n, Site Conditions and Background.

Ohio Environmental Protection Agency (Ohio EPA) was notified of the high lead hazardous
waste (that is the subject of this action memo) by the consultants working for the PRPs at the
closed Skinner Landfill Site. This Site does not set any precedents and is not considered
nationally significant.

II. SITE CONDITIONS AND BACKGROUND

CERCLIS ID #OHD 063 963 714

A. Physical Location

The Skinner Landfill Tri-E Technologies Site is located within the closed Skinner Landfill,
located at 8740 Cincinnati-Dayton Road, in West Chester, Butler County, Ohio. The Site
coordinates are 39.334092 N latitude and 84.403456 longitude.

B. Environmental Justice Analysis

According to the Region 5 Superfund Environmental Justice Analysis, the low income
percentage for the State of Ohio is 30% and the minority percentage is 16%. To meet the
Environmental Justice (EJ) concern criteria, the area within one mile of the Site must have a
population that is twice the state low income and/or twice the state minority percentage. That is,
the area must be at least 60% low income and/or 32% minority. There are approximately 394
people who live within one mile of the Site (Census 2000 database). The minority population is
5% and the low income population is 16%. Therefore this Site does not meet the Region's EJ
criteria based on demographics as identified in Region 5's Interim Guidelines for Identifying and
Addressing a Potential EJ Case, June, 1998.

C. Site Description and Background

The Site is bordered on the north and east by the perimeter fence of the closed Skinner Landfill
Site. The East Fork of Mill Creek bounds the Site to the South. An abandoned coal bin and
grain elevator border the Site to the west. As indicated in Attachment 3, the groundwater trench
(established as part of the final remedial action for the Skinner Landfill Site) is located just north
of the Site.

The Site is located in a mixed commercial and residential area. The Union Elementary School is
located immediately across Cincinnati-Dayton Road to the west of the Site. Several residences
are located on the property, including one which is used as a commercial day care. Additionally,
newly constructed residences are located across the creek to the south of the Site.
Skinner Landfill accepted a variety of wastes, including hazardous chemicals, from 1934 until
1990. Ohio EPA initiated an investigation of Skinner Landfill in 1976 in response to a fire and
reports of a black oily liquid in a waste lagoon on the Site. During the course of Ohio EPA's
investigation, Albert Skinner, the Site owner at the time, covered the lagoon with demolition
debris in an attempt to hinder the investigation. Trenches in the lagoon revealed black and
orange liquids and a number of barrels of waste.

In 1982, U.S. EPA conducted a limited investigation of the Skinner Landfill for purposes of NPL
scoring. This investigation showed that the groundwater southeast of the buried waste lagoon
was contaminated with volatile organic compounds. The Skinner Landfill was placed on the
NPL in December, 1982.

In 1986, U.S. EPA began a Phase I Remedial Investigation, with the sampling of groundwater,
surface water, and soils. A biological survey of the East Fork of Mill Creek and Skinner Creek
was also performed. In 1989, U.S. EPA began its Phase II Remedial Investigation to further
investigate the groundwater, surface water, soils, and sediments, hi 1990, through a legal
proceeding, Ohio EPA closed the Site to all further landfilling activities. The Phase n Remedial
Investigation was completed in 1991, and the Feasibility Study was completed in 1992.

The U.S. EPA Phase II Remedial Investigation identified four contaminant source areas at the
Skinner Landfill: a former dump, a buried waste lagoon, a metal scrap yard, and several buried
waste pits. The remedial action at the Skinner Landfill Site consisted of two phases. The first
phase was an interim action to protect human health from any potential immediate risks. The
UAO for the first phase was issued in December 1992. It required Site fencing, connections to
the Butler County public water system for potentially affected local users of groundwater, and
groundwater monitoring. A subset of the PRPs organized as the Skinner Landfill PRP Group and
completed the work required by the UAO.

The Record of Decision (ROD) for the second phase of the remedial action was approved in
June, 1993. It required the following remedies:
• Construction of a RCRA cap over the waste materials;
• Interception, collection, and treatment of contaminated groundwater;
• Diversion of upgradient groundwater flow;
• Monitoring;
• Institutional controls; and
• Soil vapor extraction.

The Remedial Design (RD) was conducted by the Skinner Landfill PRP Group under an
Administrative Order on Consent. The parties which conducted the RD, as well as several
additional parties, entered into the Remedial Action Consent Decree, which was entered by the
court on April 2, 2001. This Consent Decree called for the implementation of the second phase
of the remedial action, as called for in the June 1993 ROD. Remedial construction began in
April 2001; the Site achieved construction completion in September 2001.
The conditions which require these current response actions, the improper storage of hazardous
waste on the Site especially in the area of the groundwater trench and the East Fork of Mill Creek
are a violation of the Consent Decree for the Site. Additionally, one of the institutional controls
implemented pursuant to the Consent Decree was an environmental covenant under the Ohio
Uniform Environmental Covenant Act. This covenant, which is recorded in Site land records
and runs with the land, prohibits any activity on the Site that will interfere with the performance
of the remedies installed.

In August, 2007, Ohio EPA was contacted by the consultants working for the PRPs at the closed
Skinner Landfill Site. The consultants were concerned about waste that had appeared on-site
since their last visit. Ohio EPA investigated the complaint and identified 77 cubic yard
cardboard containers and 1 supersack of crushed computer glass located along the fence of the
closed Skinner landfill. A packing slip on one of the containers had a company name "Tri State
Computers." Further investigation revealed that Ray Skinner, the son of the owner of the Site,
agreed to store the materials for Tri-State Computers in Fairfield, Ohio. Tri-State Computers has
gone out of business; its successor maybe Tri-E Technologies.

Ohio EPA sampled the waste material and found TCLP lead levels ranging from 93 mg/L to 185
mg/L. The RCRA hazardous waste regulatory level for lead is 5.0 mg/L (40 CFR §261.24).
Ohio EPA noted that the condition of the cardboard containers was quickly deteriorating. Many
containers had ruptured and the material was beginning to spill onto the ground. Information
collected during the remedial action indicates that the soils underlying the area of the property
where the Tri-State Computers' wastes are located are more permeable silty sand and gravel
deposits. The porous and permeable sand and gravel deposits on this area of the property were
determined to readily store and transmit groundwater, which may contribute to the migration of
Site contaminants. Groundwater movement on the Site is to the southwest, which is toward the
East Fork of Mill Creek.

In March, 2008, because it determined that the responsible parties are not financially viable, Ohio
EPA requested assistance from U.S. EPA with the assessment, removal, and disposal of the
hazardous waste.

U.S. EPA performed the following activities during a Site assessment in March, 2008:
o collected composite samples of the crushed glass,
o evaluated metal concentrations in the soil surrounding the waste material using an XRF,
o collected soil samples under spilled waste,
o documented the quantity and condition of the waste, the proximity of the waste to nearby
sensitive environments, and the degradation of the containers, and
o surveyed the property for additional hazardous waste stored on Site.

TCLP analysis of composite samples of the waste material indicated lead levels as high as 400
ppm. Additionally, total lead levels as high as 700 ppm were detected using an XRF in the soil
beneath the waste that had spilled from the deteriorating containers of waste during the Site
assessment.

U.S. EPA has determined through its investigation that neither Ray Skinner nor Tri-State
Computers is able to properly dispose of the highly-contaminated lead waste currently being
stored along the fence of the closed Skinner landfill. Because the integrity of the cardboard
containers is deteriorating rapidly under the high precipitation conditions associated with spring
in southwestern Ohio, U.S. EPA seeks to immediately remove and dispose of the hazard in order
to protect human health and the environment.

III. THREATS TO PUBLIC HEALTH, WELFARE, OR THE ENVIRONMENT, AND

STATUTORY AND REGULATORY AUTHORITIES

The conditions present at the Site constitute an imminent and substantial threat to the public
health, or welfare, and the environment based upon the factors set forth in Section 300.415(b)(2)
of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), as amended,
40 CFR Part 300. These factors include, but are not limited to, the following:

1) Actual or potential exposure to nearby human populations, animals, or the food chain
from hazardous substances or pollutants or contaminants;

The hazardous waste is located outside the fenced landfill area and less than 20 feet from the
groundwater interceptor trench installed for the closed landfill (see Attachment 3). The waste is
also approximately 60 feet from the East Fork of Mill Creek. The East Fork of Mill Creek flows
toward the southwest from the Skinner property into Mill Creek. Mill Creek is a major south-
flowing tributary of the Ohio River. The storage area is unsecured and there is ready access to
the hazardous waste by the public from nearby residences and the school via the nearby bridge
over the creek (see Attachment 3).

The closed Skinner Landfill, where this Site is located, is in a mixed commercial and residential
area. The Union Elementary School is located immediately across Cincinnati-Dayton Road to
the west of the Site. Several residences are located on the property, including one which is used
as a commercial day care. Additionally, newly constructed residences are located across the
creek to the south of the Site.

Leaching of the lead from the deteriorating containers into the soil was documented during the
March, 2008 U.S. EPA sampling event. The soil under the containers was determined previously
by U.S. EPA to be permeable silty sand and gravel deposits. The potential risk of lead traveling
off-site via groundwater or the nearby creek is high. According to the Agency for Toxic
Substances and Disease Registry, the harmful effects of lead include premature births, lower
birth weight, decreased mental ability in infants, and learning difficulties, and reduced growth in
young children.
2) Actual or potential contamination of drinking water supplies or sensitive
ecosystems;

The hazardous waste is located less than 20 feet from the groundwater interceptor
trench installed for the closed landfill (see Attachment 3). The waste is also
approximately 60 feet from the East Fork of Mill Creek. The East Fork of the
Mill Creek flows toward the southwest from the Skinner property into the Mill
Creek. Mill Creek is a major south-flowing tributary of the Ohio River. Leaching
of the lead from the deteriorating containers into the soil was documented during
the March, 2008 U.S. EPA sampling event. The soil under the containers was
determined previously by U.S. EPA to be permeable silty sand and gravel
deposits. The potential for the lead to leach through the soil into the groundwater
is high.

3) High levels of hazardous substances or pollutants or contaminants in soils

largely at or near the surface, that may migrate;

The hazardous waste is stored outside in uncovered deteriorating cardboard containers. Many of
the containers have already breached resulting in waste spilling from the containers onto the
ground (see Attachment 4). Elevated lead concentrations were documented in the soil under the
waste. The soil under the containers was determined previously by U.S. EPA to be permeable
silty sand and gravel deposits. The potential for the contaminated soil to migrate is high.

4) Weather conditions that may cause hazardous substances or pollutants or contaminants

to migrate or be released;

Hazardous waste is already being released from the cardboard containers. Heavy rains, which are
common in southwestern Ohio during the spring, will exacerbate the deterioration of the
containers and increase the possibility that lead contamination will be released into the
environment. In dry conditions, the contaminated soil could become airborne and blow off site.

5) The availability of other appropriate Federal or State response mechanisms to respond to

the release;

A financial analysis conducted by U.S. EPA shows that neither Ray Skinner nor Tri-State
Computers is able to properly dispose of the waste and associated contamination. Ohio EPA has
requested U.S. EPA assistance in mitigating the threat at the Site. Please see the Administrative
Record (Attachment 1) for the referral letter.

IV. ENDANGERMENT DETERMINATION

Given the Site conditions, the nature of the contamination on Site, and the potential exposure
pathways described in Sections n and HI above, actual releases of hazardous substances from this
Site, if not addressed by implementing the response actions selected in this Action
Memorandum, may present an imminent and substantial endangerment to public health, or
welfare, or the environment.

V. PROPOSED ACTIONS AND ESTIMATED COSTS

The OSC proposes to undertake the following actions to mitigate threats posed by the presence of
hazardous substances at the Skinner Landfill Tri-E Technologies Site:

1) Develop and implement a Site Health and Safety plan, including an air monitoring plan and
Site Emergency Contingency Plan;

2) Develop and implement a Site Security Plan;

3) Characterize, remove, and properly dispose of hazardous waste (containerized and

uncontainerized waste) and associated contaminated soil and debris located at the Site in
accordance with U.S. EPA's Off-Site Rule (40 CFR § 300.440);

4) Develop and implement an extent of contamination and post excavation sampling plan to
verify cleanup; and

5) If necessary, backfill excavated areas with clean material and topsoil.

This removal action will be conducted in a manner not inconsistent with the NCP. The OSC has
initiated planning for provision of post-removal Site control consistent with the provisions of
Section 300.415(1) of the NCP. However, elimination or mitigation of the threats is expected to
minimize the need for post-removal Site control at the Site.

The detailed cleanup contractor cost estimate is presented in Attachment 5. The estimated
project costs are summarized below.

REMOVAL PROJECT CEILING ESTIMATE

EXTRAMURAL COSTS:

Cleanup Contractor (ERRS) $67,190

Contingency 15% $ 10,079
Subtotal $ 77,269

Total START $15,000

SUBTOTAL EXTRAMURAL $ 92,269

TOTAL REMOVAL ACTION PROJECT CEILING $ 92,269

Applicable or Relevant and Appropriate Requirements

All applicable and relevant and appropriate requirements (ARARs) of Federal and state law will
be complied with to the extent practicable. The OSC sent a letter, dated May 3, 2008, requesting
ARARs to Mr. Jeff Smith, Ohio EPA SWDO, Dayton, Ohio, for any applicable state ARARs.
Any state ARARs identified in a timely manner will be complied with to the extent practicable.

All hazardous substances, pollutants or contaminants removed off-site pursuant to this removal
action for treatment, storage and disposal shall be treated, stored, or disposed of at a facility in
compliance, as determined by U.S. EPA, with the U.S. EPA Off-site Rule, 40 CFR 300.440.

VI. EXPECTED CHANGE IN THE SITUATION SHOULD ACTION BE DELAYED

OR NOT TAKEN

Continued release of lead into the environment will result if no action or delayed action ensues at
the Site.

VII. OUTSTANDING POLICY ISSUES

None

VIII. ENFORCEMENT

For administrative purposes, information concerning the enforcement strategy for this Site is
contained in the Enforcement Confidential Addendum.

The total EPA costs for this removal action based on full-cost accounting practices that will be
eligible for cost recovery are estimated to be $151,488.'

($92,269 + $9,000) + (49.59% x $101,269) = $151,488

IX. RECOMMENDATION

This decision document represents the selected removal action for the Skinner Landfill Tri-E
Technologies Site located in West Chester, Butler County, Ohio. This document has been
developed in accordance with CERCLA as amended and is consistent with the NCP. This
decision is based on the Administrative Record for the Site (see Attachment 1). Conditions at the
Site meet the NCP 40CFR§300.415 (b)(2) criteria for a time-critical removal action and I
recommend your approval of the proposed action. The total removal project ceiling, if approved,

Direct Costs include direct extramural costs and direct intramural costs. Indirect costs are calculated based on an
estimated indirect cost rate expressed as a percentage of site-specific direct costs, consistent with the full cost accounting
methodology effective October 2, 2000. These estimates do not include pre-judgment interest, do not take into account other
enforcement costa, including Department of Juatice costs, and may be adjusted during the course of a removal action. The estimates
are for illustrative purposes only and their use is not intended to create any rights for responsible parties. Neither the lack of a total
cost estimate nor deviation of actual total costs from this estimate will affect the United States' right to cost recovery.
will be $101,269 of which $92,269 may be used for cleanup contractor costs. You may indicate
your decision by signing below.

APPROVE: \<*sJ** ^ DATE: «5~- 2 Z~ O

Director, Superfund Division

DISAPPROVE: DATE:
Director, Superfund Division

Enforcement Addendum
Attachments
1. Administrative Record Index
2. Skinner Landfill Site Diagram
3. Skinner Landfill Groundwater Trench Locations
4. Photos of Deteriorating Gaylords Adjacent to Groundwater Trench
5. Independent Government Cost Estimate

cc: David Chung, U.S. EPA, 5104A

Michael Chezik, U.S. Department of the Interior, w/o Enf. Addendum
Chris Korleski, Director, Ohio EPA, w/o Enf. Addendum
Marc Dann, Ohio Attorney General, w/o Enf. Addendum
 BCC PAGE

(REDACTED 1 PAGE)

NOT RELEVANT TO THE SELECTION OF THE REMOVAL ACTION

10
ENFORCEMENT CONFIDENTIAL ADDENDUM

SKINNER LANDFILL TRI-E TECHNOLOGIES SITE

WEST CHESTER, BUTLER COUNTY, OHIO
MAY 2008

(REDACTED 2 PAGES)

ENFORCEMENT CONFIDENTIAL
NOT SUBJECT TO DISCOVERY
 ATTACHMENT 1

U.S. ENVIRONMENTAL PROTECTION AGENCY

REMOVAL ACTION

ADMINISTRATIVE RECORD
FOR
SKINNER LANDFILL TRI-E TECHNOLOGIES SITE
WEST CHESTER, OHIO

ORIGINAL
MAY 15, 2008

NO. DATE AUTHOR RECIPIENT TITLE/DESCRIPTION PAGES

1 02/04/08 Smith, J., Grinstead, J., Notice of Violation for

Ohio EPA Tri-E Un-permitted Storage of
Technologies Hazardous Waste on the
Skinner Property

02/14/08 U.S. Smith, J., Notice of Bankruptcy

Bankruptcy Ohio EPA to J. Grinstead
Court

02/19/08 Smith, J., Skinner, R., Re: Containers of Crushed

Ohio EPA Skinner Computer Glass from Tri-
Demo State Computers Found
Stored on the Skinner
Property

03/10/08 Clouse, K., Durno, M., Letter re: Ohio EPA's

Ohio EPA U.S. EPA Request for U.S. EPA
Assistance with Removal
Actions at the Skinner
Landfill Tri-E Technologies
Site

05/02/08 Clayton, K., Smith, J., Letter re: U.S. EPA's

U.S. EPA Ohio EPA Request that Ohio EPA
Identify any State ARARs
for the Skinner Landfill
Tri-E Technologies Site

05/06/08 Smith, T., Clayton, K., Re: Site Assessment Report

Weston U.S. EPA from March 2008 for the
Solutions, the Skinner Landfill Tri-E
Inc. Technologies Site

00/00/00 Clayton, K., El-Zein, J., Action Memorandum: Re-

U.S. EPA U.S. EPA quest for a Time Critical
Removal Action at the
Skinner Landfill Tri-E
Technologies Site
(PENDING)
 ATTACHMENT 2
SKINNER LANDFILL SITE DIAGRAM

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; I. 5 ^)(iR LANDPII. • Sclculixl well
WI-S'I'( .. Jfll-R.OIIK) ;\s rctV-irccI In in

15
 ATTACHMENT 3
SKINNER LANDFILL GROUNDWATER TRENCH LOCATION

T INTERCEPTOR Di

TILITY SHED
OBSERVATION
WELL 3A
INSPECTIO
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SAMPLING
VAULT BOX

OBSERVATION
WELL 3B

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667.47
"GW-66
680.96

OBSERVATION
ELL 3C

P-3R
664.29^
FORCE /MAIN
EXTRACTION
WELL #2

VACUUM AIR
RELEASE

16
 ATTACHMENT 4
PHOTOS OF DETERIORATING GAYLORD
ADJACENT TO GROUNDWATER TRENCH

17
 ATTACHMENT 5

INDEPENDENT GOVERNMENT COST ESTIMATE

SKINNER LANDFILL TRI-E TECHNOLOGIES SITE
WEST CHESTER, BUTLER COUNTY, OHIO

MAY 2008

NOT RELEVANT TO THE SELECTION OF THE REMOVAL ACTION

(REDACTED 1 PAGE)

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