NOVEMBER 17, 2022 - ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT FOR REMEDIAL INVESTIGATION/FEASIBILITY STUDY
In 2005, Hercules submitted a corrective action plan (CAP) after conducting MDEQ-approved investigations under the MDEQ Voluntary Evaluation Program. The CAP proposed a combination of institutional controls and monitored natural attenuation of groundwater and surface water along with contingency measures if constituents of concern exceeded regulatory levels in key wells for three consecutive sampling events.
In January 2008, Hercules entered into a Restrictive Use Agreed Order (?RUAO?) with MDEQ to restrict land and groundwater use on the Site property and to document the ongoing monitoring program and corrective action requirements outlined in the CAP. Land use
restrictions have not been placed on the parcels that were purchased to the south and to the east of the main plant area.
In November 2008, MDEQ issued a Notice of Violation (NOV) to Hercules after analytical results indicated that some areas of the sludge pits exhibited the hazardous characteristic of toxicity for benzene. In March 2009, a compliance evaluation inspection by
MDEQ disclosed several violations involving the IB. MDEQ then requested the EPA?s assistance to sample the sludge pits. The EPA took 12 samples from the sludge pits in September 2010. Benzene failed the Toxicity Characteristic Leaching Procedure (TCLP) in six of the samples.
In May 2011, the EPA issued to Hercul