Early Testing Looks Good, Impact Will Be Long Lasting For TCE Release

Early Testing Looks Good, Impact Will Be Long Lasting For TCE Release

By David Howell

Editor

WATER VALLEY – Super-visors met with attorneys from Jackson-based Watkins & Eager PLLC on Monday to discuss the county’s legal options regarding contamination from a decades-old release of trichloroethylene (TCE) at the former Colt Industries/Holley Auto-motive facility on Hwy. 32. 

The meeting follows testing conducted by the Department of Environ-mental Quality (MDEQ) last month in a contaminated area defined as a plume that extends northwest from the industrial site now occupied by BorgWarner. The plume encompasses an area that includes an estimated 28 residences – located on South Main Street, Frostland Drive and Champion Circle – and 11 commercial buildings including the county-owned hospital and nursing home, jail and health department. 

The release of the chemical, described as an industrial solvent, is believed to have occurred in the late 1980s and over the years the solvents from the site reached the groundwater and migrated north toward Otoucalofa Creek, according to a press release issued on February 9 by MDEQ. The press release was part of a flurry of activity by MDEQ that also included a public hearing on February 9 and soil testing at 24 sites within the plume.

While MDEQ reported the contamination does not affect the drinking water, as there are no wells in the area, a concern cited by MDEQ Executive Director Gary Rikard at February’s public hearing was vapor intrusion, or the process when vapors from underground solvents travel upward through the soil. Much of the testing conducted last month by MDEQ was conducted directly adjacent to homes and buildings to determine if vapors from the underground solvent were entering buildings through crawl spaces, cracks or other openings. 

On February 25, county officials received the results from MDEQ from the first round of testing from 24 sites inside the plume that indicated the chemicals observed during the sampling were substantially below the residential screening levels for the soil gas concentrations.

As MDEQ Branch Chief Willie McKercher explained in an email to Board President Cayce Washing-ton, MDEQ will still require the responsible party to return this summer during the dryer months to re-sample the soil gas in order to note any seasonal change that may occur. 

Much of the discussion Monday centered on the lack of action by EnPro Industries, Inc., the company that acquired the liability for the contamination at the site in 2002. The accusations against EnPro were also levied by MDEQ last month, as the agency cited the company’s failure to timely respond to their demands to test for contamination at the site.

MDEQ cited this failure to respond by EnPro in an administrative order the agency issued on February 9, demanding the company conduct additional soil gas sampling. The four-page order also directed EnPro to formulate and implement a Vapor Intrusion Assessment Work Plan and submit findings including recommendations for corrective action. The company is also required to enact a Groundwater Corrective Action Plan similar to the Vapor Intrusion plan. The order includes a timeline for the two plans and subsequent corrective action and relevant reporting. The plan is due later this month.

The MDEQ order also includes a 10-year remediation timeline if there are no immediate health concerns identified during the testing.

“We put a timeline in that document that said as long as we can verify that there are no vapor intrusion issues, they have a 10-year window. I know 10 years sounds like a long time, this (contamination) has been here for 25,” MDEQ Branch Chief Willie McKercher explained at last month’s public hearing.

“The reason we say 10 years, if we are able to demonstrate there is no exposure to that material, nobody is drinking it, nobody is coming into contact with it in the creek and nobody is being affected by vapors that are coming off that, then that allows us that cushion of saying that 10 years is appropriate,” McKercher explained. 

“But if we are able to demonstrate through any of this assessment that there are vapors that are coming up that are an issue… then we are going to make them ramp that up. They are going to have to do more aggressive measures to put something into place,” McKercher added. One option identified by McKercher would be bringing the two extraction wells adjacent to Otoucalofa Creek back into service, but the MDEQ Branch Chief explained the two extraction wells were initially installed to keep the plume from making it to the creek. 

Input From Attorney

“As you have already heard from the MDEQ, it’s not an emergency health situation right now. You’ve already had the soil vapor testing done and my understanding is that those numbers are coming in fairly good and there are no immediate concerns,” Watkins & Eager attorney Keith Turner explained to supervisors during Monday’s meeting at the Coffeeville Courthouse.

“But there are other issues that have to be addressed. You have contamination that has spread to the hospital and other property owners,” Turner added. 

“There is an impact to the property itself, as well as longtime concerns with health and environment,” the attorney continued. 

“The way these kind of things happen, is that companies are going to try to do the least amount possible in the quickest amount of time to try to get out from underneath MDEQ’s watch and obligations,” Turner told the board. “You are probably going to be permanently damaged from this… particularly as a hospital owner,” Turner also told county officials.

The attorney also reminded county officials that the site has already been under remediation for years, and EnPro turned off the groundwater extraction wells almost seven years ago without notifying MDEQ and before anybody realized it. 

Turner also said restrictive use covenants could be placed on the properties as part of the MDEQ plan, which would restrict the properties from being used for other things that could impact the environmental contaminated areas.

Turner explained it was important for the county to “have a seat at the table” to monitor both EnPro and MDEQ during the remediation plan. His proposal was for the county to retain his firm’s services at a rate of $200 to $350 per hour.

Turner’s also explained his proposal differs from services proposed from a different law firm that attended a supervisor meeting last month.

“You talked to a plaintiff law firm that operates on a contingency. We don’t function that way. We work this by hourly rates, but the difference is that our job is to make sure your interests are protected all the way along. We are not trying to move to a quick settlement, we actually focus on not litigating, if we can help it,” Turner continued.

“These type of situations do not go away over night, but they are not crisis situations either, as you have learned,” Turner added.

Supervisors’ Input

“I think it is good that we now know there is another option,” District Three Supervisor Lee McMinn said about the proposal from Watkins Eager LLC. “I know some of us here had some issues with the process,” McMinn added about the pitch from the plaintiff law firm.

“This sort-of hit us in the face a few weeks ago. We want to do the right thing that is in the best interest of the people, the county, the people that have been affected and obviously the county hospital,” Washington said, before explaining that the board needed time before making a decision concerning legal input on the matter.

“Sure, I would not expect you to. But I would suggest that with the EnPro folks being required to submit a remediation plan later this month, that y’all think about this over the next several weeks and consider finding someone to help you,” Turner countered.

While the proposal was tabled, supervisors have also requested MDEQ to schedule a second public meeting to update the public on the test results. The hearing is scheduled on March 29 at 6 p.m. at the Water Valley courthouse.