DEQ comments on Phase II ESA dated 1/3/2023

Approximate 10 Acre Portion of 4677 Industry Drive

Medco Rd. Orchard Site, ECSI 4435

Airport One LLC entered the VCP in February 2024. DEQ has been in discussions with the developer and consultant about disposal options, including Solid Waste Letter of Authorization for contaminated soil from this property. This is DEQ’s first complete review of the Phase II report.

DEQ Comments on the Phase II Report:

1.  The property appears to have been adequately investigated following DEQ’s guidance, regarding chemical analytes, numbers of samples, etc.

2.  DEQ is somewhat concerned about the 2 acre soil stockpile and the area where it was located, as that part of the site was not investigated, and we have no information on the origin of the former stockpile. DEQ suggests that a composite soil sample be collected from this area and tested. Or, if there is additional information that DEQ could consider about the subject site or the former stockpile, that information could be considered.

a.  DEQ would like more information about the location of the stockpile now.

3.  Lead in soil. Note that soil containing total lead in excess of 100 mg/Kg could potentially be a characteristic hazardous waste per 40 CFR 261 Subpart C. For soil to be removed off site under SWLA, DEQ Materials Management Program would likely need assurance that the overall lead levels were less than 100 mg/Kg, or have a TCLP test (landfill leachate test) to show that the TCLP concentration was below the toxicity characteristic standard of 5 mg/L lead.

4.  Construction worker RBC. DEQ may be amenable to re-evaluating the construction worker RBC, as described in the report, and ways to minimize exposure during construction activities near and far term.

5.  Re-use of contaminated (not clean fill) soils on-site. DEQ’s Cleanup Program has authority to waive solid waste requirements pertaining to contaminated soil for project overseen by the program, if the action is part of an approved cleanup. Therefore, moving of contaminated soil, such as placing it in an approved repository, is an option “on site”. The action must be reviewed and approved by the Cleanup program. Generally, this is done as part of a cleanup plan review, which would describe how the soil would be placed, covered, and maintained, to ensure long term protectiveness of human and ecological receptors.