KECtnveu

SEP 1 1 1998

SUPERRJND DIVISION

£RRY E. BRANSTAD, governor

August 31, 1998

DEPARTMENT OF NATURAL RESOURCESLARRY J. WILSON, director

ENVIRONMENTAL PROTECTION DIVISIONALLAN E. STOKES. ADMINISTRATOR

Compliance and Enforcement BureauMichael P. Murphy

redacted

A-1 & Des Moines Septic Service

.REDACTEDAltoona, IA 50009

ATTN: hSDAC i

SUBJECT: Chemical disposal and discharge investigation; Iowa Code 455B.186, I.A.C- 567-121.& 131

(HCI Report). Illegal transporting, treatment, storage and disposal of hazardous waste. Administrative Code 567-133, Iowa Code 716B at redacted - Altoona and

REDACTED , Des Moines, Iowa; Sanitation Site)

r* a-r Mr. REDACTirt

nciosed is the report of the recent inspection of the above facility

Field Office #5 staff.

conducted by Steve Grgurich of the

We believe you will find the report self-explanatory and strongly encourage you to take prompt action on

the requirements and/or recommendations listed at the end of the report.

The inspection report documents that you are in operation of the chemical storage sites where violations

of the departments regulations for land disposal of hazardous substances I.A.C. 567-121 and discharge

into waters of the State of Iowa 455B.186, I.A.C. 567-62.1 have occurred. There were observed

hazardous waste storage; disposal violations and transportation violations in accordance with Iowa Code

716B.2 & 3 and Code of Federal Regulations 261.20-261.24 at REDACTpD in Altoona. There was no spill secondary containment (40 CFR 112) for storage. The report^Iso documents the illegal

treatment, storage and disposal of a hazardous substance and hazardous waste at the Des Moines site in

accordance with Iowa Code 716 B. There also appear to be violations of 40 CFR 261.20-261.24 of the

federal hazardous waste regulations.

Within 30 days of receipt of this letter, respond in writing where the hazardous petroleum wastes at these

sites will be legally disposed and proposed assessment and cleanup plans.

There was significant surface soil contamination at the Altoona property observed with potential

groundwater contamination. The contamination must be evaluated to determine if further cleanup is

oessary. ____30324905

Superfund

Field Office #5, 607 E. 2nd St., Des Moines, Iowa 50309 / 515-281-9069 / FAX 515-281-9068

WALLACE STATE OFFICE BUILDING / DES MOINES, IOWA 50319 / 515-281-5145 / TDD 515-242-5967 / FAX 515-281-8895

Page 2

There appears to be a release of chemical contamination from the treatment and storage pit which

strongly suggests groundwater contamination has occurred (455B.186). By copy of this letter we are

If you have any questions about the inspection or report, please contact Steve Grgurich at 515/281-9076.

Jim StriekerSupervisor, Field Office #5

cc: Iowa Attorney General, Dick Searl Emergency Response, IDNR

Altoona Fire Department

Hazmat, Matt Woody

Dan Raster, US EPA, Kansas City

Jeremy Altendorf, US EPA, Kansas City

Walt Kokel, US Fish & Wildlife, Federal Bldg., Des Moines, IA Tom Seivers, Iowa DOT, Des Moines, IA

notifying Mr. -itDACTES!? , Iowa Sanitation Owner, of the REDACTS*: : property of the violations.

Sincerely,

, Iowa Sanitation

DEPARTMENT OF NATURAL RESOURCES> Environmental protection division

607 East 2nd Street, Des Moines, Iowa 50309-1831 : 1 " ■ Phone: (515) 281-9069FAX: (515) 281-9068

REPORT OF INVESTIGATIONE3TIGATION DATE CURRENT: 05/09/98 - 05/18/98 LAST: 06/01/98

REDACTED A-1 Septic Seiervice; Des Moines Septic Service

redactedAltoona, Iowa 50009

SUBJECT: Petroleum Wastes Disposal InvestigationHazardous Substance Incident (HSI) Number 05098-KL-0130

Notice of Violation: 567IAC 131 not reporting.Iowa Code 455B.186 Prohibited DischargeIowa Code 716B, Iowa Code 455B.191 Improper Disposal of Hazardous Substance and Hazardous WasteI. 567 I AC-62.1 Prohibited Discharge, and 69.3 discharge restriction iClean Water Act567 IAC 121 (Land Disposai)40 CFR (261.20-261.24) RCRA; SARA Title III -Right - To -Know

PERSONS CONTACTED: Greg Gills; Asst. Chief, Altoona Fire DepartmentJerry Whetstone, Chief, Altoona Fire Department Matt Woody, Des Moines Hazmat Team Aaron Bowan, Chief, Des Moines Fire Dept. Richard Seari, Iowa Attorney General Office

rt&'iKGTiiO

ERVATIONS:

•i r " r ■Dan Pflaster, U.S. E.P.A. Jereme Altendorf, U.S. E.P.A.

Incident Response Summary

On May 9,1998 an investigation was initiated in response to the Hazardous Substance Incident Number 05098-KL- 0130 which occurred at the . Septic Hauler business and residence just east of Altoona, Polk County,Iowa. REDACTED is a septic tank and'hazardous waste petroleum transporter licensed by the Iowa Department of Natural Resources (IDNR) and the U.S. Environmental Protection Agency (EPA)..The Hazardous Substance incident was initiated at 1:30 a.m. on May 9,1998, by a report of chemical and petroleum odors in the vicinity of Mud Creek on Highway 6 just east of the City of Altoona, near Terrace Hills golf Course. The Altoona Fire Department and Des Moines Hazardous Materials Team initially responded with IDNRs Emergency Response Staff.

Petroleum wastes were traced upstream by response personnel from Hwy. 6 bridge, north to the REDACTED Septic Hauler business and residence. Otpefvations on the^EDACTproperty revealed pooled liquid wastes flowing downgradient into Mud Creek. TheREDAC /pf’Septic Service and Des Moines Septic Service are both operated by

REDACTED at this location. The waste hauling trucks are comprised of a 2,500 gallon and a 3,050 gallon septic tank truck. The DNR license number 5779-9802 were observed on the white 2,500 gallon truck, Iowa license plate number 626CGL, Polk. There was no septic hauler license number Visible for the 3,050 gallon tank truck (DNR, 0007904) Iowa license plate number 618CDP, which is a violation of I.A.C. 567IAC -68.2.

It appeared that REDACTED dda A-1 Septic Service had dumped petroleum sludge and waste onto the ground which then flowed downgradient to a tributary of Mud Creek and discharged into waters of the State of Iowa in violation of 455B.186 prohibited discharge. The dumping of the petroleum wastes are in violation of Iowa Code 4*556.191(2) and 716B. prohibited land disposal of a hazardous waste or hazardous substance. Iowa Administrative

^ 33 567-121. prohibits dumping saturated petroleum wastes on land. REDACTED reported dumping oily sand and

Winsing out his 2,500 gallon tank truck with a power washer, stating he only used 100-200 gallons of rinse water. However, the actual quantities appeared to be several hundred gallons based on the pool size and width.

It appears that violations of Federal Codes 40 CFR 279.10 used oil management, and 40 CFR.279.22 storage without spill containment and counter measure, and Clean Water Act discharge, have occurred.

Additionally, violations of 40 CFR 300. SARA Title III, first responders “Right-To- Know* may have occurred,

i id Observations

* RED A (responsible party) cooperated with IDNR response staff by using a skid loader to contain the

petroleum wastes with an earthen berm and placing two oil absorbent booms on the creek down gradient, an estimated 500 to 750 feet below the dumping site. The dump site appeared to be immediately east of the septic tank truck storage building and within twenty-five feet of the building.

Fire department personnel indicated they observed a minimum of six pools of oily petroleum wastes , three feet in diameter and six inches deep over a twenty foot wide area. The field contamination was estimated to be 900 feet long. Field tests indicated petroleum wastes and chlorinated solvents were present and by definition, are toxic substances regulated by state and federal codes for hazardous wastes.

There were several dead trees and stressed vegetation in the impacted drainage way. The trees were in the process of being cut up by REDACTS© The continued petroleum discharges prior to this incident may have killed the trees and stressed the vegetation.

Environmental Specialist Steve Grgurich, Field Office # 5, arrived on-site the morning of May 9,1998 to evaluate the incident site. The Altoona Assistant Fire Chief, Greg Gill was present and the immediate details discussed. ...-y.

DACTED was recluested by Environmental Specialist Grgurich to place additional booms on the creek downstream in the tributary to Mud Creek. REDACTEtcomplied with the request late Saturday or Sunday, May 9 or May 10,1998.

The Des Moines Hazardous Materials Team had collected a sample of the pooled petroleum wastes down gradient in the waterway . This sample was provided to the department, along with the Chain of Custody form (UHL No. 9855356). The sample was transported to UHL in Des Moines along with two other petroleum waste samples collected by Specialist Grgurich and Altoona Assistant Chief Greg Gill from the waterway and creek (UHL No. 9855354 & 985535).

^ iudge sample was collected of the dumped petroleum wastes for analytical purposes. All samples were entered the Iowa Hygienic Laboratory utilizing approved quality assurance/quality control (QA/QC) collection, sample

preservation and chain of custody techniques.

The samples were analyzed for hazardous wastes, ignitability, petroleum compounds including volatile and extractable hydrocarbons, priority pollutants, heavy metals and polychlorinated biphenols (PCB).

The impacted waterway to Mud Creek had a 15-20 foot wide petroleum plume spread across it, and liquid pooling in the soils was observed in many locations over the 500-750 feet distance to the creek. The volume of the petroleum waste discharge appeared to have been hundreds of gallons. If one hundred or two hundred gallons of petroleum wastes (as reported by REDACTED would have flowed down the narrow drainageway an impact zone no wider than three to five foot would have been observed and not the fifteen to twenty foot zone as observed by response personnel

Mud Creek and its affected tributary were impacted with a floating petroleum layer bank to bank, across both creeks surfaces at 12:30 p.m., Saturday, May 9, when Specialist Grgurich, and Greg Gill, Altoona Fire Department left the site. The petroleum sheen was still visible Monday May 11,1998, when a follow-up site visit was performed by Specialist Grgurich, Assistant Chief Gill, Chief Jerry Whetstone and Special Agent Dick Seari with the Iowa Attorney General’s Office Environmental Crimes Team.

„ : T)^' and REDACTED were interviewed and the site evaluation and investigation was continued. During the incident several inconsistencies were noted and appeared unusual to response personnel.

Initially, the responders were informed the source of the petroleum wastes were from a septic tank in the Skinner Development in Pleasant Hill. Later, response personnel were told the wastes were pumped out of a pit at Mike's Tire in indianola. The interviews with Gill and Grgurich resulted in thepEDACT&tadicating the petroleum wastes were

^ ti Mid State Ford in Des Moines. Receipts were requested and received for wastes from all locations.

Additional inconsistencies were observed regarding a white PVC tile line outlet observed in the field along the drainage way. The tile outlet water exhibited brown floating petroleum contaminants. When asked where the intake for the tile was, REDACTED indicated on May 9,1998, there were field tile connections but no intake. When asked if there were drains in the septic tank truck storage building he stated there were none. On Monday May 11,1998, iREDACTEP indicated there were drains in the building. The tile discharge area, approximately 500 feet east of the garage,

rage a

exhibited petroleum discharge product which was also observed in the pooled water areas. The drains in the building were reportedly piped to soak away in a rock seepage pit, when infact it determined that they discharged to the surface behind the building, a violation of Iowa Administrative Code 567-62.1 & 79. A white PVC riser flush pipe, hidden unaer a 55 gallon drum ,was observed behind the building as well. . The riser pipe is between an interior drain with a t ! champ connection and a pipe extending underground east toward the field tile with petroleum contamination

jharging from it into the drainage way and to the tributary to Mud Creek. A floor drain in the truck storage building

Is hidden under a 4’ x 4’ piece of cardboard. The hidden drain was directly beneath the septic tank truck discharge

valve.

The truck tank valve was parked right over the drain and exhibited brown petroleum residue, including gasoline in the

drain pipe (UHL Number 9855611).

During the initial response on May 9,1998, 1:30 a.m., the Hazardous Materials Team instructed REDACTED*0 install an earthen berm to contain the wastes and the Department of Natural Resources would evaluate the scene the next morning which he did. Visible pooled petroleum wastes were observed the morning of May 9,1998 at 9:30 a:m. except where the skid loader had covered the petroleum wastes.REDACTEQ admitted to working all night with the skid loader to cover up the pooled petroleum. A sample was collected as mentioned previously REDACTED was instructed to absorb the petroleum with absorbent pads and booms.

The discharge tile was observed on May 9,1998 but was covered with soil by May 11,1998. Water was observed seeping out of the soil covering the tile outlet. A slight petroleum emulsion was observed in the soil at the outlet.

A damaged 8,140 gallon semi-trailer tanker containing liquid petroleum wastes was being stored next to the septic tank truck building in violation of Federal and State Spill Containment and Countermeasure Plan Requirements; which include spill containment diking to contain 110% of tank volume. The tanker must be emptied for proper disposal in accordance with state and federal codes within 30 days and not used thereafter.

REDACTEBindicated he had been dumping the petroleum wastes on land for nine years after taking the free product to storage tanks located at REDACT!©' >n Southeast Des Moines owned by his brother^gr;^^-^^' dba Iowa Sanitation. He indicated the waste oil from this site was hauled to a disDosal site in Mankato, Minnesota. A receipt

the disposal site location was provided to the inspectors. indicated he would just “bum the tanker upwas a problem.”

Special Agent Dick Seari with the Iowa Attorney General’s Office interviewed theREO A^^-ith Grgurich, Gill and

Whetstone presentREOACT!© - was inconsistent in his answers regarding the drain and tile discharge connection.

Samples were collected of the petroleum waste sludge dumped behind the Iowa Sanitation building (UHL number 9855353).The results of the sample analyses indicates the presence of hazardous substances as petroleum pollutants; volatile and extractable hydrocarbons including benzene and toluene, gasoline and other volatile compounds. The analyses are consistent with those collected from the waterway and creek. The sample results collected by Grgurich in coordination with Greg Gill, Altoona Fire Assistant Chief, Des Moines Hazardous Materials Team Coordinator Matt Woody, and team leader, Aaron Bowen. All wastes were discharged to the waterway, land and creek in violation of Iowa Code and Iowa Administration Code. A-1 Septic Tank and Des Moines Septic Service owned and operated by

REDACTED are in violation °f federal and state law for illegal disposal of petroleum as a hazardoussubstance on land and discharge into waters of the State of Iowa (455B.186). In addition, United States Clean Water Act violations appear to have occurred. No required disposal records were produced except for receipts. The following Summary of Requirements must be complied with:

1. Eliminate petroleum and chemical wastes dumping immediately.,

2. Cease discharging into waters of the state immediately

3. Comply with all waste disposal regulations

4. Keep records of all waste disposal

itional investigation appeared to be necessary to determine the facts surrounding the petroleum waste discharge j^„ces, and the additional petroleum waste storage sites such as the site at REDACTS© in Des Moines

owned by Iowa Sanitation. REDACTED was not able to provide analyses for any of the wastes or manifesting and permitting as required by State and Federal Codes.

Page 4

On May 18,1998, at approximately 10:00 a.m., the Iowa Attorney General’s Office E-Team assisted by the Iowa Department of Natural Resources, Environmental Protection Agency, Altoona Fire Department and Des Moines Hazardous Materials Team arrived at the A-1 Septic Tank and Des Moines Septic Service business location, also the

|",sidence of - *0 further investigate the drains and piping from the septic tank truck storageb .! jing and to collect samples from the drain; the piping discharge to the waterway; the two septic tank transports ana the semi- tanker truck.. The business and financial records were observed and copies obtained to determine if proper hazardous waste storage or manifesting records or disposal information was maintained, and to determine the sources of the wastes and disposal site locations. The investigation was performed in accordance with a search warrant authorized by Iowa District Court.The Des Moines Hazardous Material Team, assisted by Environmental Specialist Grgurich collected samples from the 8,140 gallon tanker, a 20-30 foot long four or six inch diameter transfer hose, the white 2,500 gallon septic truck license number 626CGL. Polk County, the blue and white 3,000 gallon septic truck license number 618CDP Polk County, the storage building drain and hazardous petroleum wastes observed discharging from-tE^^^ ! property tile outlet in the field approximately 500 feet east of the septic tank truck

storage building.

The tankers were screened for hazardous vapors both flammable and toxic. The 8,140 gallon tanker exhibited 100% of the lower explosive limit (LEL) prior to the hatch venting to allow collection of the samples of ihe tanker contents.

Strong odors were exhibited at all tanker sample locations.

The results of the tanker sample analyses (UHL 9855610) confirmed the petroleum wastes to be hazardous wastes (D001) by a flash point less than 60° Celsius :(40 CFR 261.21). The flash point of the sample contents of the tanker

were 22° Celsius which is defined as a hazardous waste by ignitability. The sample had excessively high concentrations of hydrocarbons such as gasoline at 250,000 ug/l (parts per billion), total extractable hydrocarbon (TEH) at 52% or 520,000 mg/I (parts per million) similar to 79% diesel and 21% motor oil - Acetone 3100 ug/l, Benzene34,000 ug/l, Toluene 410,000 ug/l, Ethyl Benzene 3,200 ug/l and Xylene 15,000 ug/l. Benzene is a carcinogen and is a

hazardous air pollutant. Toluene is a toxic substance.

The white 2,500 gallon septic truck vapor contents exhibited 100% LEL and which indicated it was flammable.

.A flash point of >60°C was obtained by the laboratory .designating the petroleum wastes as a hazardous substance due F the mixture of concentrations of petroleum hydrocarbons UHL No. 9855604 Gasoline 42,000 ug/l, TEH 390 mg/I, Acetone, Benzene 2,300 ug/l, Toluene 4,400 ug/l, Ethyl Benzene 210 ug/l and Xylene 5,600 ug/l. The presence of 1,2 Dichlorethene and Trichlorothene, which is not in waste oil is suspect. The compounds are chlorinated solvents used as degreasers. The spent still bottoms from these compounds are listed hazardous waste (UHL Number 9855604).

The blue and white 3,000 gallon septic tank truck which was parked with its valve over the south garage drain

exhibited 100% LEL as flammable and strong odors.

The blue and white truck sample analyses (UHL Number 9855607) resulted in the petroleum wastes being designated hazardous by ignitabilty with a flash point of 22° Celsius, a D001 Hazardous waste. Gasoline 260,000ug/l, TEH850.000 mg/I (85%), Acetone 20,000 ug/l, 2-Butanone (methyl ethyl ketone) 3,900 ug/l, Benzene 34,000 ug/l, toluene39.000 ug/l, ethyl benzene 3,700 ug/l and xylene 180,000 ug/l were all in the hazardous waste.

The drain sample UHL Number 9855611 exhibited petroleum compounds consistent with the contents of the septic trucks. Gasoline 190,000 ug/l, Acetone 6,600 ug/l, Chloroform 12,000 ug/l, Benzene 5,600, Toluene 18,000 ug/.l, ethylebenzene 2,500 ug/l and xylene 13,000 ug/l were observed in the analyses. The discharge of any of these compounds out of a drain system and into a waterway is in violation of Iowa Code 455B.186 and I.A.C. 567-62.1 and

69.3.

The tanker transfer hose contents UHL number 9855608 were hazardous wastes by ignitabilty, D001 with a flash point of 44°Celsius. The laboratory reports that excessively high concentrations of Gasoline 100,000 mg/I (parts per million) also 10%, 550,000 mg/LTEH 55%, Benzene 500,000 ug/l, Toluene 15,000,000 ug/l, ethyl benzene 7,500 ug/l, xylene

34,000,000 ug/l.

Two samples were collected from the field tile outlet approximately 500 feet east of the septic tank truckarage in the waterway leading to the tributary of Mud Creek. The tile outlet had been hidden from view by sconnecting the 1 foot vertical stand pipe and covering dirt over it from the time the initial investigation was initiated

(May 9,1998) and to the date of this continuing investigation and search on May 18,1998. The fire department flushed water down the building floor drain (under the septic truck) just as the tile outlet in the field was uncovered. Petroleum pollutants consistent with the drain contents in the truck garage were observed in the analyses. They did not ignite when tested (UHL number 9855605). The sample exhibited total extractable hydrocarbons (TEH) of 3.1 mg/L, gasoline 11,000 ug/l, Benzene 70 ug/l (exceeds discharge and drinking water standards), Toluene 330 ug/l and

Xylene 1,600 ug/l.

Page 5

A second tile discharge sample was (UHL 9855606) collected as flushing continued. .^tjiick,, odorous and ignitable brown petroleum (hazardous waste) discharge was observed flowing from the^O^ A-1 and Des Moines Septic

tank property tile, and into the waterway just downgradient in Mud Creek. Emergency containment by the Des Moines Hazardous Materials Team, the Department of Natural Resources and ^E’D^'4 prevented additional discharge to

creek. pumped up the hazardous wastes as instructed. Discharges such as this constitute an illegal

Ischarge under state and federal codes.

The sample analyses resulted in the petroleum discharge being designated as hazardous waste (D001) by ignitability at 43°Celsius and extremely concentrated petroleum compounds similar to the tanker and septic tank truck. Total extractable hydrocarbons of 800,000 mg/I (80%), Gasoline 46,000,000 (4.6%) .Benzene 130,000 ug/l, Toluene

1,900,000 and Xylene 6,300,000 ug/l were in the hazardous petroleum wastes.

To verify the drain and tile outlet connection, a bright green florescene dye was flushed down the interior garage

drains and and was observed discharging out on the surface of the ground.

This dye tracing verified that a violation of I.A.C. 567-69 for discharge restrictions had occurred. The tile outlet discharging hazardous wastes is also a violation of Iowa Code 455B.186 and I.A.C. 567-62.1 for prohibited discharge. The storage and disposal of hazardous wastes is also in violation of Iowa Code 455B.191 and 716B of the criminal code in addition to violating Clean Water Act and 40 CFR 261.20 through 261.24, 266, Subpart E.

A field tile discharge pipe sample was collected by Bob Schuelzky, Environmental Specialist, Field Office #5 on May 20,1998. The grease and oil samples concentration was 6 mg/I. A sheen was observed by Specialist Schuelzky and members of Altoona Fire Department. The grease and oil discharge is unpermitted and is in violation of 455B.186 and

I.A.C. 567-62.1 for prohibited discharge.

The information received from REDACTEDduring previous interviews indicated petroleum hazardous substances consistent in nature to the hazardous wastes found at the Altoona property, were transported to the IowaSanitation Storage location at in Des Moines. The site has nine large 10,000 gallon undergroundstorage tanks at the site in addition fa an open concrete storage pit.

k arge hole in the property fence was observed which would allow access by the public even though the fence had a "eked gate. The pit appeared to contain an oily type waste substance and appeared to be leaking out of a crack in the

concrete.

On June 18,1998, Grgurich, Environmental Specialist with the Department’s Field Office #5 assisted the Iowa Attorney General’s Environmental Crimes Team in serving a search warrant with consent of the Iowa Sanitary site owner Mr. REDACTED . Additional agencies assisting were the Des Moines Hazardous Materials Team, Des Moines Environmental Health and Zoning and Iowa State Fire Marshals Office Inspector John Ticer.

Mr. REDACTED., and Mr. ^EDACTID ; are brothers. Interviews with both parties indicate that since REDACTED

suffered a stroke in 1991, REDACTED has been the operator of the petroleum wastes disposal site at'redacted

'n addit'on t0 the Altoona property.

The inspection of the REDAOT10 property was initiated utilizing a site safety atmosphere screen using a flammable gas detector and portable organic vapor analyses (PIO) to ensure safe entry to the on-site inspectors. A volatile concentration range of 5 ppm-11ppm (PIO) was obtained and with the windy, rainy conditions nondetectable flammable readings were obtained. The OSHA limit is 10 mg/I for a 40 hour work week. The site conditions were well within the criteria for safety. No lower explosive limit readings were obtained until the storage tanks were examined.

The storage tanks were designed and manufactured as underground storage tanks but were being utilized as aboveground storage tanks in an illegal, unauthorized use with no secondary containment and no external sidewall support. This use is in violation of the spill containment and countermeasure (SPCC) requirements of the federal (4CFR 112) state and city codes. Fire inspector John Ticer, with the State Fire Marshals Office indicated he will be expanding on the appropriate fire code violations in his report. The SPCC Program was developed to prevent petroleum, discharge into surface waters or groundwater.

i e concrete storage pit structure is roughly 15’ x 15’ x 4’ in depth. The pit content depth was approximately 2.5 feet. 'i he pit has no cover, is accessible to the public and appeared to be leaking petroleum wastes into the soils and potentially into the groundwater. The waste discharge is improper disposal and discharge of a hazardous substance and a hazardous waste which was later confirmed by Hygienic Laboratory analyses. Vapor readings over the pit contents were 9 ppm, an indication of hazardous volatile constituents. A jar headspace reading of a pit waste sample collected was 155 ppm, an excessively high reading not common to waste oil or uncontaminated petroleum wastes.

Page 6

The pit waste contents at upper and lower levels were sampled by the Hazardous Materials Team and Specialist Grgurich. The pit waste as well as the storage tanks were sampled by the sampling team.

^ concrete pit upper waste level sample analyses (UHL number 9856284) resulted in 5,700,000 ug/l (parts per P>illion) gasoline, 290,000 mg/I (parts per million) total extractable hydrocarbons, 50,000 ug/l benzene concentration,

270.000 ug/l toluene , 90,000 ug/l ethyl benzene and 480,000 ug/l xylene. Volatile hydrocarbon analyses resulted in 2,100 ug/l (ppb). The waste did not exhibit a flash point (76°C). Total lead was 670 mg/kg (ppm) exceeding the allowable land application standard of 300 mg/kg under the Departments Chapter 121 for industrial sludge application. The toxicity characteristic leaching procedure resulted in leachable lead of .48 mg/I with a hazardous waste regulatory level of .50 mg/I (ppm). It should be noted that this upper concrete pit waste is a hazardous waste by the federal mixture regulation as it is mixed with other wastes in the same container (UHL analysis Number 9856283) which is a hazardous waste by toxicity failing the TCLP for benzene and lead.

The bottom concrete pit waste (UHL Number 9856283 ) analyses resulted in 270,000 ug/l benzene concentration,1.400.000 ug/I toluene, 310,000 ethylbenzene, and 1,500,000 xylene. The total extractable hydrocarbon analyses resulted in 110,000 mg/I. The gasoline concentration was 5,800,000 ug/l. The total lead analyses was 3,900 mg/kg exceeding the allowable and land application levels in I.A.C. 567-121. The leachable benzene in the TCLP analyses resulted in a 5.2 mg/L (regulator, 0.5 mg/L),. The lead TCLP analyses was 5.7 mg/I exceeding the regulating level of5.0 mg/l. The petroleum waste is a RCRA listed waste, D018 (benzene) and D008 (lead) hazardous waste by toxicity in accordance with 40 CFR 261.24 and 261.3 of the federal regulations.

The concrete, waste pit has no secondary containment as required by local, state and federal codes (40 CFR 112, SPCC). The pit is cracked at the bottom and appears to be discharging into the soils, groundwater and surface water from runoff from precipitation events. This is a violation of I.A.C. 567-133.4(1), 455B.186 and I.A.C. 56-62.1.

Soil probe impact borings were utilized to four feet in depth. The Thermo Photoionization Detector (P.I.D.), calibrated for benzene vapor was placed in each of four borings in a radius around the concrete pit. The northwest comer 20 feet from the concrete pit resulted in 20 ppm, 21 feet southwest was 37 ppm, four feet south was 0 ppm, and six feet east was 55 ppm. The soil probe P.I.D. readings indicates waste impacted soils with a potential for groundwater k 'tamination. Further soil and groundwater evaluation with monitoring wells installed and water samples collected "'ll be necessary to establish the vertical and horizontal extent of the contamination.

Two dead waterfowl were observed floating in the concrete waste storage pit. The dead waterfowl were probably woodducks as noted by the Iowa Conservation Officer Lon Lindenburg. Officer Lindenburg assisted the Department's Field Office staff in recovery of the waterfowl. The waterfowl were turned over to Walt Kokel, Special Agent, U.S.Fish & Wildlife Service. Federal violations were observed regarding the waterfowls death.

The storage tanks were labeled and designated AG-1 through AG-9. The storage tanks AG -1-4 were directly south of the concrete waste pit with AG-1 being closest and AG-2, AG-3, AG-4 following to the south with AG-4 near the property perimeter. Storage tanks AG-5, AG-6 and AG-7 were located west of the AG tanks 1-4 and were in line with the AG-7 being closest to the west property line perimeter. Storage tanks AG-8 and AG-9 were located north of the concrete pit side by side with AG-8 being on the west and AG-9 on the east.

The AG-9 tanks were examined by the Des Moines Hazardous Materials Team, and samples collected from each of the tank contents. Estimates of waste volumes in each tank were made as well as screening for vapor levels.

Tanks Estimated Volume/10.000 nallnns t ExDlosimeter (LEL.) P.I.D. CDDm)

AG-1 70% full 4% 625-673AG-2 80% full 0% 387-400AG-3 80% full 0% 93AG-4 80% full 0% 240AG-5 60% - 70% full 0% 79AG-6 60% - 70% full 0% 14AG-7 95% full 0% 95i 3-8 95% - 100% full 20% 852^iG-9 95% - 100% full 4% 412

The resulting vapor readings are indicators of potentially flammable petroleum wastes which are hazardous substances and are likely hazardous waste.

Page 7

The Des Moines Hazardous Materials Teamand Grgurich, Environmental Specialist, performed the storage tank contents sampling.

k, 1: AG-1 storage tank analyses (UHL Number 9856273)resulted in 480,000 mg/I total extractable hydrocarbon (TEH), F,*00,000 ug/l gasoline concentration, 790,000 ug/l benzene, 4,600,000 ug/l toluene, 1,200,000 ug/l ethylbenzene, and 5,800,000 xylene. The flash point was 56° Celsius which is hazardous waste D001 with a flash point <60° (40 CFR 261.21). The testing for benzene leachate is 7.1 mg/I, greater than the 0.5 mg/I which is D018 hazardous waste by failing the toxicity characteristic leaching procedure (T.C.LP.).

The AG-2 storage tank analyses (UHL Number 9856274) resulted in 900,000 mg/I TEH, 20,000,000 ug/l volatile hydrocarbons (2%), 15,000 ug/l acetone, 2,300 ug/l ethylbenzene and 17,000 ug/l xylene. The flash point was greater than (>) 60° Celsius, the waste appears to be a hazardous substance with 2% volatile component. There is 1 mg/I leachable lead concentration less than the 5 mg/I regulatory level from the T.C.L.P. analysis in initial samples.

A 48° C flash point and a failure of the T.C.L.P. for lead occurred during EPA sampling. This indicates disposal of hazardous wastes after June 1,1998 sampling event.

The AG-3 storage tank analyses (UHL Number 9856275) resulted in 550 mg/I T.E.H., 1,200 ug/l gasoline, 11,000 ug/l acetone, 750 ug/l benzene, 1,300 ug/l toluene, 690 ug/l xylene. The flash point was >60° Celsius. The waste appears to be a hazardous substance. The petroleum waste appears similar to diesel fuel.

Additional testing performed by U.S.E.P.A resulted in the AG-3 tank having a flash point of 40° Celsius which is a hazardous waste. Additional disposal of a hazardous waste occurred after the June 1,1998 initial sampling.

The AG-4 storage tank analyses (UHL Number 9856276) resulted in 750,000 mg/I total extractable hydrocarbons (TEH) 12, 000,000 ug/l volatile hydrocarbons (1.2%), 160,000 ug/l toluene, 280,000 ug/l ethyl benzene, 2,200,000 xylene. The flash point was >60%. The leachable benzene was 0.12 mg/I less than (<) the 0.5 mg/I regulator level for hazardous waste. The petroleum appears to be a hazardous substance with volatile constituents.

} i3 AG-5 storage tank analyses (UHL Number 9856277) resulted in 2,600 mg/L total extractable hydrocarbons,24.000 ug/l gasoline, 910 ug/l acetone, 280 ug/I Butanone (methyl ethyl Ketone), 380 ug/l benzene, 960 ug/l toluene, and 610 xylene. The flash point is greater (>) than 60° Celsius. The petroleum waste appears to be a hazardous substance with some EPA listed hazardous wastes (methyl ethyl Ketone, u-159, HW) constituents.

The AG-6 UHL Number 9856278 resulted in 710 mg/I total extractable hydrocarbons, 9,800 ug/l gasoline, 130,000 ug/l 2-butanone (methyl ethyl Ketone), 500 ug/l Benzene, 1,400 toluene and 740 xylene. The flash point was greater than

(>) 60° Celsius and the sample did not exhibit the ignitability characteristic. The waste leachate did not exhibit toxicity by lead <0.50 mg/I with the TCLP analyses not detected. The petroleum appears to be a hazardous substance.

The AG-7 storage tank analyses (UHL Number 9856279) resulted in 850,000 mg/I total extractable hydrocarbons, 4,500 ug/l gasoline, 32,000 ug/l toluene, 80,000 ug/l ethyl benzene, and 640,000 ug/l toluene. The flash point was greater than (>) 60° Celsius and did not fail the ignitable characteristic. The TCLP analyses for leachate was 0.52 mg/I and was not considered leachable being less than the regulatory level of 5.0 mg/I. Additional sampling by EPA

resulted in 55° Celsius flash point in tank AG-7. The waste is a hazardous waste.

The AG-8 storage tank analyses (UHL Number 9856280) resulted in 800,000 mg/I total extractable hydrocarbons,160.000 ug/l gasoline, 7,800 ug/I acetone, 1,000 ug/l Benzene, 6,700 ug/l toluene, 1,800 ug/l ethyl benzene and10.000 ug/l xylene. The waste is similar to diesel fuel. The flash'point was >60° Celsius, but did ignite when heated with a Bunsen burner in a porcelain dish. The TCLP analyses did not fail the regulated level for lead concentration in the leachate. The waste appears to be a hazardous substance. Additional sampling by EPA resulted in a 55° Celsius flash point. The waste is a hazardous waste.

The AG-9 storage tank analyses (UHL Number 9856281) resulted in 370 mg/I TEH, 26,000 ug/l gasoline, 1,300 ug/I acetone, 1,700 ug/l Benzene, 2,600 ug/l toluene, 310 ug/l ethyl benzene and 1,700 xylene. The flash point was

k raaterthan (>) 60° Celsius, but did ignite when a sample was placed in a porcelain dish and heated with a Bunsen

-urner. The waste appears to be hazardous substance.

Additional information regarding two underground storage tanks used for above ground petroleum storage at the REDACTED : . • AGTiO Altoona site was received during a follow-up interview with Mr. 'HEDACTE© Indicated there

were two 10,000 gallon underground storage tanks near the bams on his property where he stores petroleum wastes.

Page 8

REDACTED indicated the ignitable hazardous waste stored in the tanker at Altoona was transported to the ;3sr<A.07?£ I ' . site in Des Moines despite the investigation team instructing him to Droperiy manifest and transport the to a permitted hazardous waste site. The tanker was taken to —for future salvage.

The tanker had 20% volatility and 1.5 ft. sludge in it.

0 jt*~1" 'wasti RED

The two storage tanks which were formerly located too close (within five feet) of the building at the end of a steel barn-type storage shed were involved in a building fire, which was responded to by local fire department in 1994.The State Fire Marshal’s Office issued a notice to remove and properly abandon these tanks in 1994. The notice was not complied with.^gQ^cTck- was informed that these tanks must be emptied, removed and properly abandoned with the tank contents being manifested as a hazardous waste. The waste must be disposed of at a permitted hazardous waste site in accordance with local, state and federal regulations. Underground storage tanks are not allowed to be used for above ground storage of flammable and combustible liquids in accordance with the fire codes.

Samples were collected from the bam tanks at 4761 SE 80th Street, Altoona, on June 17,1998. The east bam storage tank contents analyses (UHL Number 9857002) resulted in 40,000 ug/l acetone, 16,000 ug/1 benzene, 60,000 ug/l toluene, 18,000 ug/l ethyl benzene, 92,000 ug/l xylene, 280,000 ug/l gasoline and 600,000 mg/I total extractable hydrocarbons as performed by the GCMS laboratory scan. The flash point was 49° Celsius. The waste is a hazardous waste by flash point. The east tank was 1/2 full and exhibited 15% LEL on explosimeter.

The analyses from the west bam storage tank at the Altoona site (UHL Number 9857003) resulted in 4,100 ug/l acetone, 7,200 ug/l Benzene, 21,000 ug/l toluene, 2,600 ug/l ethyl benzene, 1,400 ug/l xylene, and 200,000 ug/l gasoline for the GCMS scan. The total extractable hydrocarbons were 760,000 mg/I. The flash point was 29° Celsius. The waste is a hazardous waste by ignitability. The west bam tank was full and exhibited 20% LEL on the

explosimeter.

The tank sites were not permitted for hazardous waste treatment storage or disposal which is in violation of local, state or federal regulations. The tanks do not have secondary containment, which is a requirement under 49 CFR 112

for Spill Containment and Countermeasure Plans.

It is noted that the chemical constituents of the contents of one of the two bam tanks produced a I a synergistic type affect on the structure of the bailer used as a sampling device. Separate sample bailers were used to collect samples from the tanks and were properly disposed at the conclusion of sampling activities at this site..

On July 2,1998,a return visit to the Altoona site was conducted by Environmental Specialist Grgurich accompanied by EPA On-Site Coordinator (OSC) Jereme Altendorf. Observations determined that both tanks were now full, as a result of additional waste filling, indicating additional violations of local, federal and state codes for combustible and

flammable petroleum wastes and hazardous wastes storage.

On June 26,1998, the USEPA Superfund and Criminal Investigation Division (C.I.D.) staff Tim Curry, Jereme Altendorf and Dan Pflaster visited the Iowa Sanitation site at REDACTED .Des Moines with Environmental Specialist Grgurich. During this site evaluation, it was determined that Mr. Gilbert Thomas had pumped hazardous waste into the concrete pit causing it to overflow and discharge liquid wastes onto the soils where it pooled and could potentially runoff. The pit was measured at 3.5 feet of petroleum waste. The pit was observed with petroleum leaking from the pit through cracks in violation of I.A.C. 567-133.4(1) prevention of contamination and I.A.C. 567-131 for hazardous condition reporting. As mentioned previously, state and federal hazardous waste treatment, storage and

disposal violations were also observed.

Petroleum stains and tire tracks were observed near the southwest storage tanks at the RE0ACT1© site indicating

additional site use for illegal hazardous waste storage. This site must be closed and all waste properly disposed in accordance with local, state and federal codes. In the past, this site has been issued violation notices from Iowa State Fire Marshal Office and Des Moines Environmental Health and now, the Department of Natural Resources.

On July 18,1998, in cooperation with Iowa Attorney General’s Office, Iowa Department of Natural Resources, USEPA, Des Moines Fire & Hazardous Materials Team, Des Moines Environmental Health and Zoning and Des Moines Police Department, the 8,140 gallon semi tanker located in a residential neighborhood at penAf'TCfg

CTE^was emptied of liquid waste. The chemical vapors were absorbed with dry ice for safety purpoSesTb reduce volatility. The semi tanker was then transported to the site to store at a secure location with Mr.

Permission.

REDACTED was placed under arrest by Special Agent Seari and Polk County Deputies for continuing to transport and dispose of hazardous waste illegally. The violation were the results from .REDACTED activities at

' >n Altoona and the REDACTED storage site.

The United States Environmental Protection Agency responded to the environmental hazards existing at REDACT . Midwest Environmental from Cincinnati, Ohio removed the contents of the petroleum waste pit and

v' ' transported it to a Kansas City permitted hazardous waste facility. The project was coordinated and supervised by Jereme Altendorf, On-Site Coordinator with the USEPA Superfund Division. Contaminated soil was excavated and

stock piled under heavy plastic to be transported from the site in the future.

During the removal activities, a white capped PVC 4-6" drainage pipe was observed with petroleum residue in it next to the west concrete pit wall.. The white PVC pipe at grade, appears to run one foot below grade in a westerly direction. It is unknown at this time where this pipe discharges. Discharges to surface waters or city POTWs is illegs

without proper local or state permits.

The USEPA plans to pump out the existing hazardous wastes tankage associated with both sites and remove the physical tank structures to prevent reuse. The EPA plans to evaluate the sites to determine the potential environmental damage and hazard risks associated with the chemical contamination existing at these locations..

In summary, various violations of local, state and federal environmental and fire codes have occurred at RED ACTE

~73AT., Altoona, Iowa , and REDACTED , Des Moines, Iowa. The operator and owners of the sites have been notified that no further use of the sites may occur for the storage, treatment or disposal of hazardous

substances or hazardous wastes without proper authorization.

SUMMARY OF REQUIREMENTS

'* Eliminate petroleum and chemical wastes dumping immediately.* Immediately cease discharging pollutants into waters of the state.* Immediately comply with all local, state and federal waste disposal regulations.* Immediately maintain required records of all waste disposal/ transportation activities..

Cooperate with EPA and IDNR in implementing site assessment work plans to further evaluate the sites for appiicab;

clean-up activities to mitigate remaining environmental hazards on these sites..