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The Cleveland Plain Dealer
www.cleveland.com

Pollution case goes to attorney general

By JAMES LAWLESS

Thursday, November 02, 2000

PAINESVILLE TOWNSHIP - Frustrated at the lack of cooperation from "responsible" polluters, the Ohio Environmental Protection Agency has asked the Ohio attorney general to see if she can get them back to work.

EPA’s frustration is with Chemical Land Holdings Inc., a successor to Diamond Shamrock Corp., the company that produced chemicals on its lakeside facility for 65 years until it was closed in 1976.

Five years ago, Maxus Energy Corp., the predecessor to Chemical Land, and 18 other responsible parties agreed to a process that would first determine what waste and how much of it was buried on the site and how best to clean it up.

Yet today, with the investigation of what and where still going on, EPA’s Frances Kovac, an agency lawyer, said Chemical Land had essentially just stalled or ignored the steps it needs to take.

Paul Dugas, senior environmental engineer for Chemical Land Holdings, could not be reached for comment for the second day.

Kovac said Chemical Land was given a plan to proceed with a second phase of the site investigation, which it was supposed to respond to. She said the company never responded.

"They bluntly refused," she said.

Several months later, EPA issued orders for the polluters to proceed with the investigation, which included sampling the residue of the demolished main manufacturing plant and what is left of the former coke plant.

"The Ohio EPA director issued these orders and they did not comply with them. He asked us to make them comply," said Jennifer Detwiler, an EPA spokeswoman.

Ohio EPA’s Teri Phillips, the Diamond site coordinator, said, "Our orders laid out the work for them to do, and they refused to do it."

Kovac said Chemical Land officials first claimed they did not get the orders and when she said they had signed for them, they said they lost them.

Both said they were very disappointed with the turn of events because the parties have been working on the project for nearly a decade.

They also said they believe Chemical Land has backed away from its agreement with the Lake County Utilities Department, in which it agreed to pay costs of a cleanup of hexavalent chromium, a hazardous waste found by a contractor trying to replace a sewer force main.

Cost of the project was $132,000 to remove 42,000 gallons of liquid and 571 tons of dirt contaminated by hexavalent chromium, a cancer-causing chemical from the site.

Phillips said she was disturbed to discover that the underground pollution from the site goes right up to Fairport-Nursery Rd., which she had never been told. That is where the county’s contractor dug into the chemical while trying to open the force main line.

The contamination caused the project to nearly double in cost, jumping from $145,000 to $277,000. In addition to replacing the force main, contractors had to remove the waste in a hazardous waste landfill.

 

 


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