Oct 05, 2009

Order Requires Kansas Truck Wholesale Salvage Yard to Address Spills

U.S. EPA believes site's soil and storm water runoff may be contaminated with hazardous materials

U.S. Environmental Protection Agency (EPA) Region 7 has issued an administrative order against the owner-operators of a Wellsville, Kan., truck salvage business and the Kansas Department of Transportation (KDOT). The order requires a series of immediate actions at the facility to address hazardous waste issues and prevent discharges of oil and other pollutants from the site into nearby Rock Creek, which empties into Hillsdale Lake, a drinking water source for Miami County Rural Water District No. 2.The order, filed today in Kansas City, Kan., relates to the operations at Truck Wholesale in Wellsville. It applies to KDOT, which was authorized in 2004 by the Miami County Circuit Court to clean up the property, to property owners Mark Lambeth and Joel Lambeth and to former salvage operator Danny Lambeth--all of whom are listed as respondents to the order.The order requires KDOT and the Lambeths to take the following series of actions:&#149 Immediately develop and implement a plan to prevent discharges of oil and other pollutants into Rock Creek;&#149 Identify all solid and hazardous wastes currently being generated at the facility;&#149 Restrict access to areas where oil, solid and hazardous wastes have been disposed;&#149 Obtain a National Pollutant Discharge Elimination System permit from the state of Kansas;&#149 Develop a plan to determine where hazardous wastes have been disposed at the facility, including an investigation to determine the extent of offsite migration of waste; and&#149 Clean up the property and any surrounding areas that may be contaminated.A history of litigation surrounds the truck salvage business. In 2007, the Supreme Court of Kansas denied a request by the Lambeths to review the 2004 abatement order issued by the Miami County Circuit Court. In January 2009, KDOT, through its contractor Gibsons Recycling, began to dismantle and remove vehicles, parts and other materials from the site.The order notes that on at least four occasions between March 10, 2009, and July 24, 2009, EPA representatives visited the site to investigate reports of releases of diesel fuel, antifreeze, oils, battery wastes and other hazardous wastes on the property, plus discharges of polluted storm water from the site into nearby drainage ditches and Rock Creek. On at least three occasions during that time, according to the order, the EPA or the Kansas Department of Health and Environment directed KDOT and its contractor to take specific actions to contain the wastes and keep them from moving off the property.But on a Sept. 22, 2009, return visit, EPA representatives witnessed scrap metal, tires, wheels, truck parts, used oil and fuel filters and dismantled batteries still littering the site or in drainage ditches, as well as oily sheens in puddles and storm water discharging from the site into ditches flowing into Rock Creek. The EPA believes that soil and storm water runoff from the property may be contaminated with various hazardous materials.Under the order, the respondents have five days to certify to the EPA how their waste storage and management activities are being conducted in compliance with the federal Resource Conservation and Recovery Act (RCRA). The respondents are prohibited from resuming any waste handling, excavation, grading or other salvage activities until the agency has reviewed and approved the RCRA certification.Within seven days, the respondents must select an EPA-approved contractor to carry out the cleanup of the property, and within 30 days, they must submit to the EPA a site characterization work plan to assess onsite contamination and offsite migration of waste, along with a schedule for completing the work. The respondents are also required to submit a final report to the EPA within 45 days of all cleanup work being done.The respondents could face civil penalties of up to $6,500 per day for any violation of the order.