The Ohio EPA informed the city that it cannot install monitoring wells adjacent to Envirosafe on Otter Creek Road because a law prohibits drilling within 300 feet of hazardous and solid waste facilities if it is likely to impact the integrity of waste placement or any ancillary structures.
The Ohio EPA wants details of the city’s plans to determine if permission from the Ohio EPA director is needed.
“While the city has not contacted Ohio EPA concerning this matter, I wanted to take this opportunity to remind the city that Ohio Administrative Code rule 3745-27-13 is likely applicable to these activities,” Michael Terpinski, supervisor of the Ohio EPA’s Division of Hazardous Waste Management, said in an Oct. 1 letter to Mayor Marge Brown.
“The rule states that no person without authorization from the director shall engage in any filling, grading, excavating, building, drilling or mining within 300 feet of a former hazardous or solid waste facility if these activities are likely to impact the integrity of waste placement or any ancillary structures. If OAC rule 3745-27-13 is applicable to the city's proposed activities, the city would need the approval of the director before engaging in any of the previously-mentioned activities. I am requesting details of the City's plans so that Ohio EPA can determine if a request under OAC rule 3745-27-13 needs to be submitted,” said Terpinski.
Terpinski’s letter was copied to councilmen, as well as Brian Ball, assistant attorney general.
Law Director Paul Goldberg said at a committee of the whole meeting on Monday that Brown has written a letter to the agency stating that the city has no evidence that drilling wells will impact the integrity of waste placement at the site.
“Therefore, we believe that rule is completely inapplicable,” said Goldberg.
“In fact, the mayor faxed this letter demanding that if he had any evidence that the administrative code was violated, it be immediately provided to the mayor so council could have it. We received nothing today,” said Goldberg.
ARCADIS, an engineering firm hired by the city to evaluate the expansion of Envirosafe’s Cell M, also said that the wells will not impact the integrity of waste placement at Envirosafe, and that Oregon is not violating the law, said Goldberg.
“We plan on continuing the drilling as soon as possible. The state rule is not applicable at all. Neither the state nor Envirosafe has provided us with any evidence whatsoever that our drilling is going to impact our structure at all. In fact, Envirosafe has drilled hundreds of wells a lot closer than we’re drilling them. They’ve drilled them on the site, and they’ve never indicated there’s ever any impact there,” said Goldberg.
The city’s Public Utilities and Environmental Committee this summer unanimously recommended to council that the city install its own monitoring wells in response to the Ohio Environmental Protection Agency’s Notice of Violations to Envirosafe earlier this year regarding leachate levels in Cell M, Envirosafe’s only active hazardous waste cell, and the inspections of the dewatering trenches and water line trench.
ARCADIS will install monitoring wells at six locations within the rights of way of York Street and Old Millard Avenue.
The monitoring wells will be installed to a depth of less than 20 feet below ground surface. Wells will be constructed with two-inch, 10-foot stainless steel screen and PVC casing. The monitoring well screen will be set to intercept both the clay/till interface and the water table.