[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Proposed Rules]
[Pages 13944-13945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6270]
[[Page 13944]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5171-8]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete the Dakhue Sanitary Landfill Site
from the National Priorities List; request for comments.
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SUMMARY: The United States Environmental Protection Agency (U.S. EPA)
Region V announces its intent to delete the Dakhue Sanitary Landfill
Site from the National Priorities List (NPL) and requests public
comment on this action. The NPL constitutes Appendix B of 40 CFR part
300 which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), which EPA promulgated pursuant to Section 105
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) as amended. This action is being taken
by U.S. EPA because it has been determined that all Fund-financed
response actions under CERCLA have been implemented and EPA, in
consultation with the State of Minnesota, has determined that no
further cleanup actions are necessary. Moreover, EPA and the State have
determined that remedial activities conducted at the Site to date have
been protective of public health, welfare, and the environment.
DATES: Comments concerning the proposed deletion of the Site from the
NPL must be postmarked no later than April 14, 1995.
ADDRESSES: Comments may be mailed to Gladys Beard (HSRM-6J) Associate
Remedial Project Manager, Office of Superfund, U.S. EPA, Region V, 77
W. Jackson Blvd., Chicago, IL 60604. Information on the Site is
available at the local information repository located at: Cannon Falls
Public Library, 306 West Mill St., Cannon Falls, MN 55009. Requests for
comprehensive copies of documents should be directed formally to the
appropriate Region V's Docket Officer. The address for the Region V's
Docket Officer is Jan Pfundheller (H-7J), U.S. EPA, Region V, 77 W.
Jackson Blvd., Chicago, IL 60604, (312) 353-5821.
FOR FURTHER INFORMATION CONTACT: Gladys Beard (HSRM-6J) Associate
Project Manager, Office of Superfund, U.S. EPA, Region V, 77 W. Jackson
Blvd., Chicago, IL 60604, (312) 886-7253; or Cheryl Allen (P-19J),
Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd.,
Chicago, IL 60604, (312) 353-6196.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
The U.S. Environmental Protection Agency (EPA) Region V announces
its intent to delete the Dakhue Sanitary Landfill Site from the
National Priorities List (NPL), Appendix B to the National Oil and
Hazardous Substances Pollution Contingency Plan, 40 CFR Part 300 (NCP),
and requests comments on the deletion. The EPA identifies sites which
appear to present a significant risk to public health, welfare or the
environment, and maintains the NPL as the list of those sites. Sites on
the NPL may be the subject of Superfund (Fund) Fund-financed remedial
actions. Pursuant to Sec. 300.425(e)(3) of the NCP, any site deleted
from the NPL remains eligible for additional Fund-financed remedial
actions in the unlikely event that conditions at the site warrant such
action.
The U.S. EPA will accept comments on this proposal for thirty (30)
days after publication of this notice in the Federal Register.
Section II of this notice explains the criteria for deleting sites
from the NPL. Section III discusses procedures that EPA is using for
this action. Section IV discusses the history of this site and explains
how the site meets the deletion criteria.
Deletion of sites from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Furthermore, deletion
from the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist in Agency management.
II. NPL Deletion Criteria
The NCP establishes the criteria the Agency uses to delete sites
from the NPL. In accordance with 40 CFR 300.425(e), sites may be
deleted from the NPL where no further response is appropriate.
In making this determination, EPA will consider, in consultation
with the State, whether any of the following criteria have been met:
(i) Responsible parties or other persons have implemented all
appropriate response actions required; or
(ii) All appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
(iii) The remedial investigation has shown that the release poses
no significant threat to public health or the environment and,
therefore, taking of remedial measures is not appropriate.
III. Deletion Procedures
Upon determination that at least one of the criteria described in
Sec. 300.425(e) has been met, U.S. EPA may formally begin deletion
procedures, that is if the State has concurred with the intent to
delete. This Federal Register notice, and a concurrent notice in the
local newspaper in the vicinity of the Site, announce the initiation of
a 30-day comment period. The public is asked to comment on U.S. EPA's
intention to delete the Site from the NPL. Documents in support of U.S.
EPA's decision to issue this notice are included in the information
repository and the deletion docket.
Upon completion of the public comment period, the U.S. EPA will
evaluate comments received during the comment period prior to reaching
a final decision to delete the Site and the Regional Office will
prepare a Responsiveness Summary which addresses comments received. The
public is welcome to contact the U.S. EPA Region V Office to obtain a
copy of this Responsiveness Summary, if one is prepared. If U.S. EPA
determines the decision to delete the Site from the NPL is appropriate
after the public has had an opportunity to comment, then the final
Notice of Deletion will be published in the Federal Register.
IV. Basis for Intended Site Deletion
The Dakhue Sanitary Landfill is located in Section 24 and 25
Township 113 North, Range 18 West, in Hampton Township, Dakota County,
Minnesota. The Site encompasses approximately 80 acres, of which 26
acres have been actively landfilled. The landfill began operations in
1971 receiving mixed municipal and industrial solid waste. A solid
waste landfill permit was issued to the owner of the Site on October 1,
1971. Dakhue Landfill operated until May 31, 1988, at which time waste
disposal activities ceased. Since opening, the landfill has been
utilized for the disposal of mixed municipal and commercial waste and
small amounts of industrial waste. The landfill was initially opened on
a part-time basis until 1973 when the landfill extended its operation
to six days per week. It is [[Page 13945]] estimated that 1,500,000
cubic yards of waste were disposed of at this-site.
In a letter dated July 22, 1988, representatives of the landfill
owner stated that Dakhue Landfill, Inc. was financially unable to
undertake closure and postclosure activities required at the landfill.
On October 11, 1988, Dakhue Landfill, Inc. filed for Chapter 11
bankruptcy.
The Site was proposed for the NPL on October 26, 1989 and finalized
on August 30, 1990 with a score of 42.
The U.S. EPA funded the MPCA to conduct of Remedial Investigation
(RI) and Feasibility Study (FS) activities. RI work involves
determining the nature and extent of contamination and FS work involves
developing and evaluating remedial alternatives.
During the course of those activities, U.S. EPA and MPCA decided to
divide the remedy for the Site into two units or discrete actions,
referred to as ``operable units'' (OUs). They are as follows:
OU One: Source control of contaminates from the landfill.
OU Two: Contaminated groundwater migration management.
A focused FS was completed in March, 1991 for the first OU and a
Record of Decision (ROD) was issued on June 28, 1991 outlining work
necessary to address the source of the contamination, the landfill
itself.
An RI was completed for the second OU in August, 1992 and a FS was
completed in December, 1992. A ROD was issued on June 30, 1992
outlining work necessary to address the migration of contaminated
groundwater.
The objective of the remedial action initiated for the Dakhue
Sanitary Landfill was to meet the overall goal of protecting human
health and the environment. This objective will be achieved through the
construction of the landfill cover and maintaining a groundwater
monitoring system so that the potential risks associated with the Site
are reduced. This will be accomplished through reducing the
infiltration of water into the landfill waste mass; reducing the build-
up of combustible gases; and reducing the generation and discharge of
landfill leachate and continued monitoring of the Site will ensure the
future effectiveness of the remedy.
On June 28, 1991, a Record of Decision (ROD) which documented
remedial actions for OU one (source control) was signed. The first
operable unit addresses the source of the contamination by containing
the wastes and contaminated soil on-site. The function of this operable
unit is to provide a final cover for the Dakhue Sanitary Landfill which
will prevent or minimize groundwater contamination and risks associated
with the exposure to the contaminated materials. The major components
of the selected remedy for this operable unit include:
Capping with a final cover system consisting of a gas control
layer, a barrier layer of low permeable material, a drainage layer,
topsoil cover and vegetation.
The remedy for the second operable unit includes the following
components: The institutional Controls contained in Dakota County
Ordinance No. 114 and Minnesota Rules 4725.2000 and 4725.4300 which
restrict well development. A long-term groundwater monitoring program
to: (1) Ensure that contaminated groundwater is not migrating off-site
(2) assess trends in water quality in the Sand and Gravel aquifer; (3)
verify that the deep aquifer is not affected; and (4) to provide
adequate protection to aquatic life in Judicial Ditch No. 1 from
adverse effects resulting from possible discharge of contaminated
groundwater.
Construction of the landfill cover provided for in OU one was
completed during the 1992 construction season. Groundwater monitoring
as provided in OU two was initiated and several rounds of sampling have
been completed to date.
EPA, with concurrence of the State of Minnesota, has determined
that all appropriate Fund-financed responses under CERCLA at the Dakhue
Sanitary Landfill Site have been completed, and no further Superfund
response is appropriate in order to provide protection of human health
and the environment. Therefore, U.S. EPA proposes to delete this Site
from the NPL.
Dated: March 1, 1995.
Valdas V. Adamkus,
Regional Administrator, U.S. EPA, Region V.
[FR Doc. 95-6270 Filed 3-14-95; 8:45 am]
BILLING CODE 6560-50-P
