1360RESOLUTION NO. ~3 6 O
A RESOLUTION EXPRESSING THE OBJECTIONS OF THE CITY OF
WEST MEMPHIS TO THE ENVIRONMENTAL PROTECTION AGENCY'S
PROPOSED PLAN OF ACTION FOR ADDRESSING THE SOUTH 8TH
STREET LANDFILL SUPERFUND SITE.
WHEREAS, the United States Environmental Protection Agency
(EPA) has published its Proposed Plan of Action for addressing the
South 8th Street Landfill Superfund site and submitted the
Proposed Plan of Action for public comment; and
WHEREAS, in conducting a detailed analysis of the viable
alternatives for remedial action the EPA is required to consider
nine criteria, including: overall protection of human health and
the environment; compliance with applicable or relevant and
appropriate requirements (ARARs); long-term effectiveness and
permanence; reduction of toxicity, mobility or volume through
treatment; short-term effectiveness; implementability; cost; state
acceptance; and community acceptance; and
WHEREAS, the Proposed Plan of Action calls for addressing the
site as one operable unit and .provides separate alternatives for
addressing the areas designated as the oily sludge pit and the
landfill areas; and
WHEREAS, the EPA's preferred alternative for addressing the
oily sludge pit (organic containment treatment, stabilization of
inorganics, and off-site disposal at a subtitle D landfill) is
estimated to cost $14,800,000 to $18,100,000; and
WHEREAS, the EPA's preferred alternative for addressing the
landfill areas (natural soil cover) is estimated to cost
$2,260,000; and
WHEREAS, the EPA's preferred alternatives were developed and
selected based upon a baseline risk assessment using hypothetical
scenarios of current recreational visitors, future recreational
visitors, future recreational workers, and crop consumers; and
WHEREAS, the risk to current and future recreational visitors
to the site was determined to be within the EPA's acceptable risk
range; and
WHEREAS, the risk to hypothetical future recreational workers
and crop consumers was determined to exceed the EPA's acceptable
risk range based upon the unreasonable assumption of exposure to
waste material which may be spread over the entire site area in
the future if waste is excavated from the pit and redistributed
over the entire area; and
WHEREAS, the hypothetical future recreational worker and the
hypothetical future crop consumer scenarios do not represent the
present and actual uses of the site property and, therefore, do
not represent the existing carcinogenic or non-carcinogenic risks
associated with the site; and
WHEREAS, in developing and screening proposed alternatives
the EPA is required to establish remedial action objectives
specifying contaminants and media of concern, potential exposure
pathways, and remediation goals; and in the Proposed Plan of
Action the EPA did not establish the required remediation goals
for the landfill areas and deemed them not necessary to accomplish
the remedial action objectives for the landfill area; and
WHEREAS, the only remedial action objectives for the landfill
areas are (1) prevent direct contact and ingestion of the landfill
contents, and (2) ensure that contaminants present in the landfill
do not migrate into the ground water at concentrations above
appropriate action levels; and
WHEREAS, the remedial investigation results indicate that the
ground water contamination is currently below applicable action
levels and that any site related contaminants have not been
"pushed" toward the City of West Memphis; and
WHEREAS, the EPA's Proposed Plan of Action has dismissed the
possible "No Action" alternatives for the oily sludge pit and the
landfill areas without proper and required detail development to
determine whether the remedial action objectives could be met; and
WHEREAS, federal regulations require that cost be considered
in the evaluation of alternatives and further provide that costs
that are grossly excessive compared to the overall effectiveness
of alternatives may be considered as one of several factors used
to eliminate alternatives, and alternatives providing
effectiveness and implementability similar to that of another
alternative by employing a similar method of treatment or
engineering control, but at greater cost, may be eliminated; and
WHEREAS, the EPA's preferred alternatives for the oily sludge
pit and the landfill areas are estimated to be more costly than
other possible alternatives that meet the remedial action
objectives and the EPA's preferred alternatives should be
eliminated on the basis of cost; and
WHEREAS, the remedial investigation reveals there are no "hot
spots" of high contaminant concentrations typical of drum or
sludge disposal areas in the landfill areas; and
WHEREAS, the EPA proposes to remediate the site to reduce the
lifetime cancer risk associated with the site to less than one in
ten thousand, while the national lifetime risk of cancer from
everyday sources such as excess exposure to sun, occupational
-~-
exposures, dietary and smoking habits is estimated to be three in
ten;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT the City of West Memphis
objects to the EPA's Proposed Plan of Action for addressing the
South 8th Street Landfill Superfund site for the following
reasons:
1. The Proposed Plan of Action fails to consider division
of the site into operable units;
2. The scenarios used in the baseline risk assessment to
develop, screen and select the EPA's preferred alternatives are
unreasonable, unrealistic and do not accurately represent any
risks associated with the current or reasonably possible uses of
the site;
3. The Proposed Plan of Action fails to establish
remediation goals for the landfill areas, and should the required
remediation goals not be necessary to address the landfill areas,
no action with respect to the landfill areas should be required;
4. The Proposed Plan of Action dismisses the possible "No
Action" alternatives for the oily sludge pit and the landfill
areas without the required detailed development of a possible "No
Action" alternative;
5. The EPA's preferred alternatives are more costly than
other possible alternatives which meet the remedial action
objectives for the oily sludge pit and the landfill areas and
should be eliminated on the basis of cost; and
6. There are no "hot spots" in the landfill areas requiring
remedial action; and
7. The level to which the EPA proposes to reduce the
lifetime cancer risk associated with the site greatly and
unreasonably exceeds the national lifetime risk of cancer from
everyday sources; and
8. The EPA's preferred alternatives are not reasonable or
appropriate considering overall protection of human health and the
environment, compliance with applicable or relevant and
appropriate requirements, long-term effectiveness and permanence,
reduction of toxicity or volume through treatment, short-term
effectiveness, implementability, cost, state acceptance and
community acceptance.
BE IT FURTHER RESOLVED that the City Attorney is directed to
provide a copy of this Resolution to the Environmental Protection
-3-
Agency within the time for comments to be submitted regarding the
EPA's Proposed Plan of Action.
ADOPTED t h i s ~ d ay o f SEPT~rnB~~2 19 9 3.
KEITH M. INGR M, MAYOR
ATTEST:
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SPONSORED BY:
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CI'~I~Y OF' ~~~T M~MPKI~S
205 S. Redding, P.O. Box 1728, West Memphis, Arkansas 72303
September 17, 1993
David Peeples TELEPHONE
City Attorney (501) 732-7515
`` M r . Don n Walter s FAX: (501) 732-7504
Community Relations Coordinator
_ U.S. EPA Region 6
` 1445 Ross Avenue (6H-MC)
Dallas, TX 75202
Re: South 8th Street Landfill
Superfund Site
Dear Mr. Walters:
In response to the Environmental Protection Agency's
Proposed Plan of Action for addressing the South 8th Street
Landfill Superfund Site the City Council of the City of West
Memphis, Arkansas, unanimously adopted Resolution 1360, a copy
of which is enclosed herein for inclusion in the Administrative
Record as comments on the Proposed Plan of Action. Please note
the City's objections to the Proposed Plan of Action.
Please provide a copy of the Responsiveness Summary to the
City of West Memphis at the following address:
Mr. David C. Peeples
• West Memphis City Attorney
P. O. Box 1728
West Memphis, AR 72303
Your assistance in seeing that the response from the City
of West Memphis is properly included in the Administrative
Record will be appreciated.
Very truly your
`~~~~'
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David C. Peeples
City Attorney
DCP/dp
Enclosure: Resolution 1360
cc: Mayor Keith M. Ingram
City Clerk Dan Craft
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