Superfund and Its Relationship to Other Cleanup Programs

Transcription

1 Superfund and Its Relationship to Other Cleanup Programs Cathy Villas-Horns, PG Minnesota Department of Agriculture MN Ground Water Association, Fall 2014

2 Love Canal Niagara Falls, NY

3 When was the federal Superfund law established? 1980 CERCLA, Comprehensive Environmental Response, Compensation and Liability Act enacted by Congress Authority to respond to releases of hazardous substances including hazardous waste sites, accidents, spills and other emergency releases of pollutants and contaminants 1986 Superfund Amendments & Reauthorization

4 Republic Creosoting/Reilly Tar St. Louis Park

5 TCAAP Arden Hills

6 When was the state Superfund established? 1983 MERLA, Minnesota Environmental Response and Liability Act, MN Stat. Chapter 115B Provides broad State authority to respond to releases or threatened releases of hazardous substances Responsible parties (RPs) required to address releases If RPs unwilling or unable, MN Pollution Control Agency (MPCA) or MN Department of Agriculture (MDA) can respond

7 Harmful Substances Compensation Board 1985 MERLA amended, MN Stat. Ch. 115B B.37 Allows private parties to file claims for: Compensation for injury or illness due to non-workplace exposures Property damage or loss from exposure to a release Replace or decontaminate drinking water Loss of market value of residence up to $25,000 RPs not eligible 1996 Board abolished; MPCA manages activities now

8 Petroleum Tank Release Cleanup (not part of MERLA!) 1987 MN Stat. Ch. 115C Addresses petroleum from leaking tanks vs. petroleum from pipelines or other sources First program in MN with 2 cents per gallon surcharge on a contaminant that provides an insurance type fund for up to 90% reimbursement of investigation and cleanup costs (the Petrofund) The PetroBoard and staff are housed at Commerce Programs include RP cleanup, Petrofund financed cleanup, and Brownfields

9 Agricultural Chemicals to MDA 1989 Groundwater Protection Act, MN Stat. Ch. 103H MERLA amended; first state with cleanup program for ag chems in a state department of agriculture Partial reimbursement of eligible costs from Agricultural Chemical Response and Reimbursement Account (ACRRA) MDA shares Superfund authority with MPCA Voluntary, Comprehensive & Abandoned sites Programs

10 Kettle River Creosote Company Sandstone

11 Corrective Actions Kettle River Creosote Company 2014

12 Voluntary Investigation and Cleanup 1992 MERLA amended; MN Stat. Ch. 115B B.179, Land Recycling Act First state to address through statutes both the liability and technical issues associated with buying, selling or developing property contaminated by hazardous substances Provides future written environmental liability protection to voluntary parties when they complete response actions approved by the MPCA or MDA commissioner RPs can also participate

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14 Landfill Cleanup Program 1994 MERLA amended; MN Stat. Ch. 115B B.445, Landfill Cleanup Act Closed Landfill Program (CLP) created by MPCA to address proper closure and post-closure care at selected landfills About 112 landfills in the program 109 are responsibility of MPCA which conducts longterm care and implements land use plans

15 CLP construction projects MPCA has completed >100 projects over last 20 years Waste relocation to other sites Installation of covers to current standards Installation of active gas collection/flare systems Installation of solar flares to burn off gas and reduce odors Improved groundwater pump & treat systems New residential wells or treatment systems

16 Pine Lane Landfill Wyoming Cover Installation

17 Woodlake Landfill Medina Waste Excavation

18 Dry Cleaner Environmental Response and Reimbursement Law 1995 MERLA amended, MN St. Ch. 115B B.51 Amendment sponsored by the MN Dry Cleaners Association Thirteen (13) states, including MN, have dry cleaner remediation funds 184 applications submitted for reimbursement for 55 sites; $10 million paid to 154 of those applications

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20 In summary CERCLA (federal Superfund) 1983 MERLA (state Superfund) 1985 Harmful Substance Compensation Board 1987 Petroleum Tank Release Cleanup (115C) 1989 Agricultural Chemicals to MDA 1992 Voluntary Investigation and Cleanup 1994 Landfill Cleanup Program 1995 Dry Cleaner Environmental Response & Reimbursement Law