Five-Year Reviews generally are required by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or program policy when hazardous substances remain on site above levels which permit unrestricted use and unlimited exposure. Five-year reviews provide an opportunity to evaluate the implementation and performance of a remedy to determine whether it remains protective of human health and the environment.
EPA completed the Fifth Five-Year Review on April 20, 2015. The Fifth Five-Year Review had a number of recommendations:
- Modify the Operation and Maintenance Plan to include a soil sampling program to monitor the protectiveness of the soil cap.
- It was noted that deed restrictions on four properties are not in place even though the Record of Decision for Operable Unit 3 requires deed restrictions for soil and contaminated groundwater.
- The Operation and Maintenance Plan should be modified to include acceptable maintenance procedures for the riparian corridor of the creek (banks of the creek). Specifically, the corridor must be treated as a �no mow� zone.
- Creek sediment and pore water samples will be collected prior to and after the construction activities for the repair of the Fairlane Avenue Bridge. This data will be evaluated to determine the potential sources of the arsenic re-contamination in the sediments. If sediment concentrations exceed the criteria of 210 mg/kg they will be removed. The frequency of sampling should be increased to two times every five years to further evaluate the re-contamination of sediment and its impact on ecological receptors.
It is important to note that the Potentially Responsible Party (PRP) group completed item number one on May 29, 2015. The sampling results came out below the action level.
Jackson Township implemented item number three by not mowing the grass near the creek.
Jackson Township has decided to replace the bridge located on Fairlane Avenue. Jackson Township started the Fairlane Avenue bridge replacement work on August 4, 2015. The Tulpehocken Creek was dammed on the west and east side of the old bridge to allow excavation of the contaminated soil. The excavated contaminated soil was sent off-site for disposal. The replacement of the bridge is expected to be completed by the end of September 2015. After completion of the bridge replacement, the PRP group will initiate the task under item number four. Work regarding item number two is ongoing.