TERRY CREEK DREDGE SPOIL AREAS/HERCULES OUTFALL
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Announcements and Key Topics
EPA NPL field teams have conducted a field assessment of this Site and determined that no related storm impacts or releases have occured as a result of Hurricane Florence.
Release of Provisional Peer-Reviewed Toxicity Values (PPRTV) for Toxaphene:
The Provisional Peer-Reviewed Toxicity Values for Toxaphene Report prepared by the National Center for Environmental Assessment (NCEA) has been released for review. The PPRTV Assessment Electronic Library may be accessed at the following website: https://hhpprtv.ornl.gov/.
The Department of Justice (DOJ) has granted a 60-day extension following community comments. The Federal Regulations (Fed Reg) Extension Notice extending the public comment period to August 21, 2018 has been submitted to the Fed Reg and is scheduled to be published Thursday, June 14, 2018.
DEPARTMENT OF JUSTICE: Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On May 16, 2018, the Department of Justice lodged a proposed consent decree with the United States District Court for the Southern District of Georgia in the lawsuit entitled United States v. Hercules LLC, Civil Action No. 2:18-cv-00062-LGW-RSB. The United States, on behalf of the U.S. Environmental Protection Agency, filed this lawsuit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The complaint seeks performance of interim response action at the outfall of the Terry Creek Dredge Spoil Areas/Hercules Outfall Site (``Site'') in Brunswick, in Glynn County, Georgia. The outfall is known as ``Operable Unit 1,'' one of three operable units at the Site. The complaint also seeks recovery of the United States' past response costs and future response costs at the Site. The proposed consent decree requires defendant Hercules LLC to implement the interim remedy selected by EPA for Operable Unit 1, which is estimated to cost $4,488,450. The consent decree also requires the defendant to pay $153,009.48 in past response costs at the Site, and to pay future response costs incurred by the United States in connection with this consent decree, as described in the consent decree. The publication of this notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Hercules, LLC, D.J. Ref. No. 90-11-3- 11685. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:
To submit comments: Send them to:
By email: firstname.lastname@example.org.
By mail: Assistant Attorney General, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
During the public comment period, the consent decree may be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the consent decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611. Please enclose a check or money order for $146.25 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the exhibits and signature pages, the cost is $17.25. Henry S. Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
In June 2017, EPA approved a record of decision for Operable Unit 1 (OU-1): Outfall Ditch. The remedial action for OU-1 will reroute the outfall ditch into a newly constructed, concrete lined conveyance structure, and backfill the existing outfall ditch which will prevent any further migration of contaminated sediment.
In September 2017, EPA sent Hercules, Inc. a Special Notice Letter regarding the consent decree for remedial design/remedial action at OU-1:Outfall Ditch. Hercules, Inc. responded to the EPA in January 2018, with a good faith offer. Negotiations regarding the consent decree are ongoing.
Public Participation Opportunities
On Thursday, May 3, 2018, EPA held a public availability session at the Historic City Hall located at 1229 Newcastle Street in Brunswick. The public was welcomed to drop by any time between 3:00 p.m. and 7:00 p.m. Representatives from EPA and GA EPD were available to provide updates on the current status of the site and answer questions related to the site.
EPA is conducting a range of community involvement activities to solicit community input and to make sure the public remains informed about site activities throughout the cleanup process. Outreach efforts have included public notices, public meetings and interviews with residents.
Site News Archive
The Terry Creek site was inspected by EPA on September 15, 2017. No significant issues related to hurricane Irma were discovered. Security fencing around the site was damaged by fallen trees, storm related debris is on the site, and the underflow weir in the outfall ditch was damaged. Hercules, the responsible party, is working to procure contracting resources to remove downed trees, fix security fencing, remove debris, and assess if additional action needs to be taken on the weir.
In June of 2017, EPA approved a record of decision for OU1: Outfall Ditch. The remedial action for OU-1 will reroute the outfall ditch into a newly constructed, concrete lined conveyance structure, and backfill the existing outfall ditch which will prevent any further migration of contaminated sediment.