Oklahoma Superfund Site: Tar Creek (Ottawa County)
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Do you need a Toxic Tort Attorney in The Sooner State? The E.P.A. has designated Tar Creek (Ottawa County) in Oklahoma as a Superfund site due to its levels of enviromental contamination and danger to the environment. You can read the report for the site below.
Some Superfund sites are on the National Priority Site Lists. The National Priorities List ("NPL") is the list of hazardous waste sites in the United States eligible for long-term remedial action financed under the federal Superfund program. Environmental Protection Agency regulations outline a formal process for assessing hazardous waste sites and placing them on the NPL. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation.
Sites are listed on the NPL upon completion of Hazard Ranking System (HRS) screening, public solicitation of comments about the proposed site, and after all comments have been addressed. EPA may delete a final NPL site if it determines that no further response is required to protect human health or the environment. Sites where a remediation was completed through the Superfund program are typically deleted from the NPL.
Living near Superfund Sites in Oklahoma may place you and your family more vulnerable to getting sick from exposure to the site and experiencing a loss of value for your property, but you can do something to to fight back: The EPA says,
[We have] set up a "Post Construction Completion" (or PCC) strategy to ensure that Superfund response actions provide for the long-term protection of human health and the environment. EPA's Post Construction Completion activities also involve optimizing remedies to increase effectiveness and/or reduce cost without sacrificing long-term protection of human health and the environment.Despite this, most of the Superfund sites are still very dangerous to the well-being of those who live close to a Superfund site.
When you rely on Weitz & Luxenberg, you can trust the legal ability of accomplished Toxic Tort attorneys who will help fight back against polluters and get you and your family the financial compensation and remediation to which you are entitled.
Below you can read the EPA report for the Tar Creek (Ottawa County) Superfund site. If you, a loved one, or someone in your community has suffered due to toxic pollution in Tar Creek (Ottawa County), or if your property has lost value because of contamination, you are better off with a toxic tort lawyer who knows the people of the State of Oklahoma . Take your first step filling out this simple form. There is no obligation, and your case will be evaluated within 24 hours. To refer a friend, neighbor, or loved one, follow this link to let them know about the environmental toxic tort lawyers at Weitz & Luxenberg.
Tar Creek (Ottawa County)
This site is not a Federal Facility.
Tar Creek1EPA Publication Date:October 4, 2005
Tar Creek
Epa Region 6
(Ottawa County)
Congressional
District 02
Oklahoma
Epa Id# Okd980629844
Site ID: 0601269
Ottawa County
Updated: September 2005
Site Description
Location:The Tar Creek Superfund Site (hereinafter “the Site”) is part of the Tri-
State Mining District which includes northeastern Oklahoma, southeastern
Kansas, and southwestern Missouri. Specifically, the Site includes the
Old Picher Field lead and zinc mining area located in northeastern Ottawa
County.
Population:Approximately 19,556 people live in the surrounding area.
Setting:The Site consists of five mining cities, Picher, Cardin, Quapaw,
Commerce, and North Miami, and other areas within Ottawa County.
Chat piles are located throughout the communities.
Hydrology:The principal groundwater-bearing units within the Site are the
Mississippian Boone Formation and the Cambro-Ordovician Roubidoux
Formation. The shallow Boone Aquifer is contaminated. The deep
Roubidoux Aquifer, the drinking water source for the area, meets drinking
water standards.
The headwaters of Tar Creek are located in Cherokee County, Kansas;
the creek flows southward through the Site and into the Neosho River.
Lytle Creek is a major tributary of Tar Creek. The headwaters of Beaver
Creek are located north of Quapaw; the creek flows through the Quapaw
powwow grounds and into the Spring River. Tar Creek and Beaver Creek
are impacted by acid mine drainage.
Wastes and Volumes
•
The principal pollutants are lead, cadmium, and zinc. •
Approximately 75 million tons of chat remain on the surface of the ground. •
Flotation ponds (wet or dry ponds containing mine tailings) cover approximately800 acres.
Tar Creek2EPA Publication Date:October 4, 2005
Present Status and Issues
Ou1
(Surface Water/Groundwater) •
3 Five Year Review is underway.rd
•
EPA is funding the ODEQ to monitor ground water in the Roubidoux aquifer,groundwater monitoring activities are on-going.
Ou2
(Residential Properties) •
As of April 5, 2005, 2,071 residential yards and public areas have beenremediated since the inception of cleanup in Quapaw, Cardin, Picher,
Commerce, and North Miami.
•
The EPA is funding ATSDR and Ottawa County Health Department (OCHD) toprovide community health education and blood lead screening for the five-city
mining area. The OCHD also works with local health professionals including
Indian Health Service physicians to provide education to the medical community.
•
October 2004, Report To Congress by the Agency for Toxic Substances andDisease Registry (ATSDR). This report shows that children between the ages of
1 and 5 living at the Tar Creek site who had a blood lead level in excess of the
10ug/dL level decreased from 31.2% in 1996 to 2.8% in 2003. The 2.8% level is
only slightly higher than the findings of the National Health and Nutrition
Examination Surveys (NHANES) for children living in the United States as a
whole which stands at 2.2% for children between the ages of 1 and 5 during the
years 1999-2000.
Ou4
(Chat Piles, Mine and Mill Residue, Smelter Waste, and Flotation Ponds) •
Field sampling activities are completed and plans are underway to develop thedraft Preliminary Site Characterization Report and the draft risk assessments.
•
Pilot studies on subaqueous disposal of chat and fines are being conducted andplans are being developed for a pilot study involving the sale of chat.
•
Meetings between EPA, the Quapaw Tribe and ODEQ on the development of therisk assessments are being conducted as needed.
Memorandum of Understanding (MOU) Activities
•
Representatives from the various tribes, USACE, USGS, BIA, EPA, and ODEQare conducting multiple meetings, in order to share information and keep parties
abreast of pilots and studies that are being pursued in and around the site.
Tar Creek3EPA Publication Date:October 4, 2005
Site Assessment and Ranking
National Priorities List (NPL) History
Site Hazard Ranking System Score: 58.15
Proposed Date: 7/27/81
Final Date: 9/08/83
Site Map and Photographs*
Site photographs can be viewed on the internet at www.epa.gov/earth1r6/6sf/6sf-
ok.htm.
The Remediation Process
Site History:
•
Underground mining for lead and zinc by the room-and-pillar method began in1891 and lasted through early 1970. As water filled the mines, the native sulfide
minerals dissolved creating acid mine water. Acid mine drainage containing high
concentrations of heavy metals began discharging into Tar Creek in 1979 from
natural springs, boreholes, and open mine shafts.
•
The Governor of the State of Oklahoma established the Tar Creek Task Force in1980 to investigate the acid mine drainage into Tar Creek.
•
In 1981, the Site was proposed to the National Priorities List (NPL). •
The Site was listed on the NPL in 1983. Ou1
•
The EPA signed a Record of Decision (ROD) for Operable Unit 1 (OU1) in June1984.
•
Monitoring forOu1
, initiated in 1987, consisted of surface water, acid mine waterdischarges, and mine water levels to assess the effectiveness of the diking and
diversion. To assess the effectiveness of the well plugging operations, water
samples from 21 deep Roubidoux wells located both inside and outside of the
mining area were collected and analyzed in 1991 and 1992.
•
The first Five Year Review was issued in April 1994. •
The EPA issued the second Five Year Review report in April 2000. The full textfor this report can be found at www.epa.gov/earth1r6/6sf/6sf-decisiondocs.htm
•
The EPA provided funding to the U.S. Army Corps of Engineers (USACE) toperform an acid mine drainage study of Beaver Creek (OU4) and provide a
recommendation for a passive treatment system design (e.g., constructed
wetlands).
Tar Creek4EPA Publication Date:October 4, 2005
•
Five new monitoring/water supply wells (three in the Picher-Cardin area, one inCommerce, and one in Quapaw) were drilled into the deep aquifer. The Picher
#5 and a Picher-Cardin well are producing good quality water. The Picher #6
and the Quapaw well produced water high in iron and sulfate content. The
ODEQ performed additional testing to determine if the poor quality of the
produced water was due to a well integrity problem (OU1) and inserted an
inflatable pack in the Picher #6 well. Findings indicate the water quality of the
Picher #6 well improved but the water quality in the Quapaw well is still poor.
•
The plugging of 5 water wells by ODEQ, to prevent the downward migration ofacid mine water (OU1), was completed in April 2004.
Ou2
•
From August 1994 through July 1995, the EPA conducted sampling of soils inHigh Access Areas (e.g., day care centers, school yards, and playgrounds) and
residential properties.
•
In August1997
, theOu2
ROD was issued to address the residential areas. •
Remedial actions of these residential areas originally began in June 1996 as anemergency removal and continued in January 1998 as a remedial action.
Approximately 1,542 lead-contaminated residential yards were remediated.
•
From October 2001 to May 2002, 105 Indian-owned properties were remediated. From May 2002 to July 2004, 397 non-Indian properties were remediated.
•
Remediation of 8 schools and school properties (7 in Miami, 1 in Picher) wascompleted in August 2002.
•
A survey of visible chat at Nichols Elementary and Washington Elementaryplaygrounds was performed in February 2003.
•
Remediation of 7 parks in the city of Miami began in the summer of 2003. •
March of 2005, Leasing agreement signed between site owner and EPA for therepository on Douthat Road.
Ou3
•
On March 28, 2000, a emergency removal action was performed at the Eagle-Picher laboratory in Cardin, OK. During this removal drums were sampled,
categorized and transported to appropriate facilities for proper disposal. The
Eagle-Pitcher Office Complex work was completed within that year and no further
action is required.
Ou4
•
The EPA provided funding to the Quapaw Tribe and the Inter-TribalEnvironmental Council (ITEC) to conduct an RI/FS for two industrial properties
located in Cardin (OU4). This project was funded as a pilot project. A draft RI
was prepared and responses to EPA and the Quapaw Tribe’s comments were
provided on October 4, 2002. The findings will be included into the RI/FS for
Tar Creek5EPA Publication Date:October 4, 2005
Ou4
. •
The EPA provided funding to the Quapaw Tribe and ITEC to submit a work planfor the Beaver Creek Watershed RI/FS Project (OU4). A draft work plan was
submitted to EPA, the Quapaw Tribe, ODEQ, the BIA Miami office, and the
University of Oklahoma in September 2002. The Plan will be incorporated into
the RI/FS for
Ou4
. •
On December 9, 2003 the EPA signed the Administrative Order on Consent(AOC) with the Department of Interior and two mining companies to conduct the
Remedial Investigation/Feasibility Study (RI/FS) on Operable Unit 4 (OU4). This
agreement allows EPA to determine feasible cleanup options for the chat. This
document and its attachment are available on the EPA internet homepage at:
www.epa.gov/region6/6xa/tarcreekaoc.pdf and
www.epa.gov/region6/6xa/tarcreekatch.pdf
•
In accordance with the terms of the AOC, EPA, in coordination with ODEQ andthe Quapaw Tribe provided the Respondents with the Preliminary Remedial
Action Objections and diagrams for the Human Health and Ecological conceptual
site model.
•
The draft Scoping Phase Work Plan was submitted to EPA, ODEQ and theQuapaw Tribe for comments on January 21, 2004. EPA also forwarded this
document to the 9 tribes to review and provide comments. A meeting was
conducted February 10, in Dallas, Texas to discuss/resolve the comments.
Attendees included representatives from ODEQ, the Quapaw Tribe, BIA, BLM,
USACE, USGS and EPA’s Tribal Liason.All parties are coordinating efforts to
share information to minimize duplication of efforts. The revised document was
approved by EPA on March 22, 2004.
•
Monthly team meetings are conducted between EPA, ODEQ, and the QuapawTribe, to discuss
Ou4
RI/FS activities and hear the status of the various projectseach entity is pursuing related to
Ou4
and MOU activities. •
EPA met with the representatives from the 9 tribes on March 4, 2004, to hearsuggestions and discuss the best approach for obtaining their comment on
deliverables associated with
Ou4
RI/S activities; input and participation in theOu4
risk assessments (that will reflect the way of life for a typical tribal member);and in attending meetings with the Respondents to discuss comments that have
been provided on RI/FS deliverables.
•
On April 5-6, 2004, EPA in coordination with the Quapaw Tribe and theUniversity of Tulsa’s Tribal Director, conducted a site tour and EPA held its first
Ecological Risk Assessment meeting with its contractor, representatives from
ODEQ, Environmental Directors of 4 tribes (Wyandotte Nation, Miami, Eastern
Shawnee, Quapaw, Seneca-Cayuga), and the University of Tulsa Tribal
Environment Management Services Director, at the Quapaw Tribal office located
in Quapaw, OK.
•
The Respondents provided the draft Data Gap Analysis to EPA, ODEQ BIA andthe Quapaw Tribe, for comments, on June 23, 2004.
•
A 3-day meeting was held in EPA’s office August 24-26, 2004, between EPA, theRespondents, and the multiple stakeholders to discuss/address comments on the
draft Data Gap Analysis.
•
The Respondents provided a Final Data Gap Analysis to EPA, ODEQ BIA andthe Quapaw Tribe, on September 27, 2004.
Tar Creek6EPA Publication Date:October 4, 2005
•
The RI/FS Work Plan and the Field and Sampling Plan were reviewed anddiscussed with the stakeholders and approved December 14, 2004 and March 9,
2005, respectively.
•
On March 30-31, 2005, representatives from the Oklahoma Department ofEnvironmental Quality, Quapaw Tribe, U.S. Geological Survey, Bureau of Indian
Affairs, the Respondents and EPA successfully selected representative chat piles
and upstream and downstream sampling locations during the first phase of the
Site Reconnaissance activities.
•
MOU Activities
•
EPA staff attended the Quarterly Stakeholders Meeting on October 8, 2002 toparticipate in discussions involving the status of site activities being pursued by
several different Federal, State and local organizations.
•
EPA representatives attended the U.S. Army Corps of Engineers public meetingson October 7 and 9, 2003, involving their plans to complete of the Spring River
Watershed Management Plan by August 2004.
•
EPA participated in the co-hosted MOU meeting by USACE and EPA in Tulsa,OK on January 22, 2004. Representatives form DOI (and their various offices),
ODEQ, the Quapaw Tribe, Senator James Inhofe and Representative Brad
Carson’s offices, and the State of Oklahoma Secretary of the Environment were
in attendance. The objective and intent of the MOU were discussed, including the
Watershed Management Plan. A second meeting was held February 11, with the
downstream tribes on ongoing activities in the Tar Creek and Spring River
watersheds. Representatives from EPA, USACE, DOI, BIA, ODEQ and the
tribes in that area were in attendance. All parties agreed to conduct combined
public meetings and utilize one newsletter to inform the public on the status of
various projects being implemented in and around the Tar Creek area. The MOU
is available on the EPA internet homepage at:
http://www.epa.gov/earth1r6/6sf/6sf-decisiondocs.htm under the category titled
“Other”.
•
EPA attended the USACE’s 2 public meeting on February 24, 2004. Thend
USACE informed the public on the multiple projects associated with the
Watershed Management plan, the coordination between Federal, State and
Tribes, and the time frame for having a final report completed.
•
On March 25, the EPA, USACE and DOI hosted a joint meeting in Miami,Oklahoma, to present coordinated activities and projects underway and
upcoming for holistic solutions for the Tar Creek area. The State and the
University of Oklahoma also participated in this event.
•
Representatives from the various tribes, USACE, USGS, BIA, EPA, and ODEQattended the USACE’s stakeholders meeting held in Miami, OK on July 7, 2004.
The draft “Tar Creek and Spring River Watershed Management Plan”was
discussed as well as additional information needs and tentative upcoming
activities.
•
Monthly stakeholders meetings are conducted in Tulsa, OK for parties to discussthe status of ongoing projects and share information.
Tar Creek7EPA Publication Date:October 4, 2005
Health Considerations:
•
Lead-contaminated soils and chat piles are a source of exposure to thepopulation, especially to young children. A percentage of young children living in
the five-city mining area are known to have blood lead levels in excess of the 10
µg/dL (micrograms per deciliter) standard set by the Center for Disease Control
(CDC). The percentage of children with elevated blood lead levels remain well
above state and national averages.
•
Children are the most sensitive population for lead exposures. Chronic exposurecan deleteriously affect the immune system, blood system, nervous system, and
kidneys. Harmful effects include premature births, smaller babies, decreased
mental ability in the infant, learning difficulties, and reduced growth in young
children.
Record of Decision (ROD)
Operable Unit 1: ROD signed on June 6, 1984
Operable Unit 2: ROD signed on August 27,
1997
The
Ou1
ROD addressed (1) the surface water degradation by the discharge of acidmine water, and (2) the threat of contamination of the Roubidoux Aquifer, the regional
water supply, by downward migration of acid mine water from the overlying Boone
Aquifer through abandoned wells connecting the two. Recharge was to be prevented
by utilizing diking and diversion structures to stop the surface water of Tar Creek from
entering the two collapsed mine shafts in Kansas which were identified as the main
inflow points. Additionally, the remedy called for preventing the downward migration of
acid mine water into the Roubidoux Aquifer by plugging 66 abandoned wells. During
remediation, an additional 17 wells were identified and addressed, bringing the total to
83 wells. Construction activities were concluded on December 22, 1986. (Additional
information about this ROD is located on the internet at:www.epa.gov/superfund/sites/
rodsites/0601269.htm).
The
Ou2
ROD addressed the residential areas. Construction continues on theresidential yard cleanups. The full text for this ROD is located on the internet at:
www.epa.gov/earth1r6/6sf/6sf-decisiondocs.htm
Community Involvement
•
Community meetings were held in Picher, Commerce, and Quapaw on August14, 15, and 16, 2000.
•
An Open House was held in Picher on August 16, 2001. •
The EPA, ODEQ, and the Quapaw Tribe participate in quarterly stakeholdersmeetings.
•
An Open House was conducted June 18, 2002.Tar Creek8EPA Publication Date:October 4, 2005
•
The EPA and the ODEQ met with the Mayors of Picher, Cardin, Commerce,North Miami, the County Commissioner, and Quapaw representatives on July 8 -
11, 2002, to provide a letter and fact sheet on the acceptable and unacceptable
uses of chat. Mailings of this document were sent to all the mining communities.
•
EPA conducted two information meetings on October 7, 2002, to discuss theupcoming yard remediation work planned for the towns of Cardin, North Miami,
Picher, Quapaw, and Commerce.
•
First in a series of Memorandum of Understanding (MOU) Stakeholders meetingswas conducted on January 22, 2004.
•
March 25, a roll-out meeting for the MOU was conducted at the Miami CivicCenter.
•
The Site Repository is located at: Miami Public Library, 200 North Main Street,Miami, OK 74354. The telephone number for the repository is 918-541-2292.
This repository contains information about the Site and is available to the public.
•
In June 2004, a series of informal meetings were held with citizens to discusscontinuing concerns related to alleged damage to homes as a result of the
remediation work.
Technical Assistance Grant
•
Availability Notices were published on 7/24/00, 10/12/00, and 12/18/00 •
Letters of Intent (LOI) received from John Ballard (Inter-Tribal EnvironmentalCouncil; 515G Southeast; Miami, OK) on 9/12/2000, Rebecca Jim (Local
Environmental Action Demanded (LEAD); 19257 S. 4403 Dr.; Vinita, OK, 74301)
on 12/01/00, and Ed Keheley (Tar Creek Basin Committee; 2020 South 640
Road; Quapaw, OK, 74363) on 12/08/00. All but LEAD withdrew their LOIs.
•
LEAD was awarded a TAG of $50,000 on 5/01/01. Rebecca Jim, the ExecutiveDirector for LEAD, can be reached at 918-256-5269 for information concerning
the implementation of the TAG. Gary Lawley selected as Technical Advisor.
•
Budget/project period: 5/18/01 - 5/17/04 •
Compliance review was conducted and the TAG is in non-compliance and thegrantee received notice. In early 9/04, the LEAD Agency indicated their desire
to apply for a second TAG. On 10/14/04 a pre-award compliance review was
conducted. While most of the files were improved, the Agency still had no written
administrative systems documentation.In October 2004, the LEAD Agency was
sent a copy of the New Draft Policy on “Assessing Capability of Non-Profit
Applicants for Assistance Awards.” The Agency was directed to work on
completing the associated questionnaire, along with administrative systems set-
up written documentation and get back with TAG PO at that time.
Site
EPA Remedial Project Managers:
Mike McAteer,
Ou2
214-665-7157Ursula Lennox,
Ou1
andOu4
214-665-6743EPA Community Coordinator:David Birdsong214-665-2221
EPA Site Attorney:Jim Costello214-665-8045
EPA State Coordinator:Roberta Hirt 214-665-8079
Tar Creek9EPA Publication Date:October 4, 2005
EPA Regional Public Liaison:Arnold Ondarza 1-800-533-3508
EPA Toll-Free Telephone Number: 1-800-533-3508
ODEQ Program Manager:Kelly Dixon405-702-5156
ODEQ Tar Cree CoordinatorMary Jane Calvey405-702-5157
ODEQ Project Managers:Dennis Datin, P.E. 405-702-5125
David Cates, P.E.405-702-5133
Quapaw Environmental Program Director: Tim Kent918-542-1853
Quapaw Superfund Program Manager:Vacant
Enforcement
•
The EPA entered into a Consent Decree (CD) forOu1
with 6 mining companies(ASARCO Inc., Blue Tee Corp., Childress Royalty Comp. Inc., The Doe Run
Resources Corp., Gold Fields Mining Corp., NL Industries, Inc.) settling their
liability for costs paid by the United States in responding to the release or threat
of release of hazardous substances. The CD was filed on June 10, 1991, in the
U.S. District Court (Northern District of Oklahoma).
•
•
On August 25, 1995, the EPA issued a notice to the Potentially ResponsibleParties (PRPs) 6 mining companies and to the U.S. Department of the Interior
(DOI) offering them the opportunity to conduct and finance the removal activities
described in the EPA’s August 15, 1995, Action Memorandum for
Ou2
. ThePRPs did not undertake the emergency removal.
•
The EPA issued Special Notice to the PRPs on November 17, 1995, to conductthe Remedial Investigation and Feasibility Study (RI/FS) and Remedial Design
(RD) for
Ou2
, residential areas. The PRPs declined to perform the RI/FS/RD.As an alternative, the PRPs offered to perform a Community Health Action and
Monitoring Program (CHAMP). The CHAMP consisted of the health monitoring
of the children in the contaminated residential areas, cleaning of homes in the
contaminated area, and education program for the residents. EPA agreed, and
the PRPs implemented CHAMPs; however, since housecleaning and education
did not provide a permanent remedy, EPA went forward with RI/FS/RD for
Ou2
. •
In 1996, the EPA settled its claims with a bankrupt mining company which hadthe largest operation at the Site.
•
EPA issued an Action Memo on March 21, 1996, calling for an emergencyremoval to address residential contamination. The PRPs declined to participate
in the removal.
•
The EPA issued Special Notice to the PRPs on December 19, 2000, requestingthat they perform and finance the RI/FS for
Ou4
, the non-residential portion ofthe Site.
Benefits
•
The cleanup of lead-contaminated soils from over 2,000 residential yards andhigh access areas located within the five-city mining area has significantly
reduced the exposure of the population, especially young children.
Tar Creek10EPA Publication Date:October 4, 2005
•
Recent independent studies comparing blood lead data collected in1997
to datafrom 2000 show an approximately 50% decrease in the number of children living
in Picher and Cardin between the ages of one and six years old with blood lead
levels equal to or greater than the 10 µg/dL standard set by the CDC. This
reduction in the number of children with elevated blood lead levels is attributed to
the residential yard cleanups and extensive educational efforts by federal, state,
county, and tribal entities.
•
Abandoned well plugging has reduced the potential for contaminants in theshallow Boone Aquifer to migrate to the Roubideax drinking water aquifer.
source: U.S. Environmental Protection Agency
Act Now! It is essential that you inquire about your pollutant lawsuit as soon as possible. Oklahoma law may limit your time to bring a legal claim to protect your rights. Your legal review is free and there is no commitment. You case will be evaluated immediately, so get started on your claim today!
see also:
Double Eagle Refinery Co.
Environmental Pollution in Oklahoma- Site: Double Eagle Refinery Co.Double Eagle Refinery Co. Superfund Site Info - Fight Air Pollution, Water Pollution
Tar Creek (Ottawa County)
Environmental Pollution in Oklahoma- Site: Tar Creek (Ottawa County)Tar Creek (Ottawa County) Superfund Site Info - Fight Air Pollution, Water Pollution
OK
Environmental Pollution Lawsuit: Oklahoma Superfund SitesOklahoma Superfund Sites- Fight Air Pollution, Water Pollution
