Report for fiscal year 2020

Georgia Hazardous Waste Trust Fund
Report for Fiscal Year 2020
Environmental Protection Division Georgia Department of Natural Resources
January 2021

Hazardous Waste Trust Fund
The Hazardous Site Response Act (Act), enacted in 1993, authorizes the Environmental Protection Division (EPD) to clean up hazardous sites that threaten human health and the environment. This law enables EPD to use the Hazardous Waste Trust Fund (HWTF) for hazardous site assessment, remediation, and monitoring, local government landfill reimbursements, and abandoned site cleanups.
The HWTF is funded by fees collected from industry and government agencies that produce, handle, and dispose of solid wastes and hazardous wastes, and from fines collected from violators of certain environmental laws. As shown in the chart below, most funding is from a tipping fee of $0.75 per ton of waste disposed at landfills throughout the State. The hazardous waste/substance fees are assessed based on the volume an entity generates and/or releases, and Georgia's smallest generators are excluded.
.

Each year, the fees collected the previous year may be appropriated by the General Assembly to EPD, whose director is authorized by the Act to serve as the fund's trustee. In the FY20 legislative session, the tipping fees were reauthorized through July 1, 2025. The hazardous waste/hazardous substance fees are currently authorized through July 1, 2022.
Appropriations
The General Assembly appropriated $4,027,433 to the HWTF for FY20 for hazardous site assessment, remediation, and monitoring, local government landfill reimbursements, and abandoned site cleanups. In June, the General Assembly appropriated $8,344,246 for FY21.
Beginning in FY20, EPD is required under the Act to produce an annual report on activities funded by the HWTF; this report fulfills that requirement.

$20,000,000 $18,000,000 $16,000,000 $14,000,000 $12,000,000 $10,000,000
$8,000,000 $6,000,000 $4,000,000 $2,000,000
$0

2016

Fees Collected and Appropriated

Hazardous Substance Fees Hazardous Waste Fees Civil Penalties Solid Waste Fees APPROPRIATIONS

2017

2018

2019

2020

Fiscal Year

2 | FY 2020

HWTF Spending per County
Total invested since 1994: $149 Million
3 | FY 2020

HWTF Expenditures
Under the Hazardous Sites Response Act (commonly referred to as the state superfund law), EPD discovers hazardous sites, publishes this information on the Hazardous Site Inventory (HSI), and works with entities who caused the contamination to clean them up. EPD uses the HWTF to help local governments and state agencies investigate and clean up their sites and to investigate and clean up abandoned sites throughout Georgia. Benefits of these actions include the following:
Communities are made aware of contamination and potential exposure pathways in their area and may access tools and information to help prevent exposure.
Local governments are provided with funding to assist in cleanup of leaking landfills. Bankrupt/abandoned contaminated sites are cleaned up or made ready for development,
minimizing the risk of additional contamination, blight and missed economic development opportunities. Private party cleanups are monitored to ensure steady progress to help prevent continued spread of contamination and the possible creation of additional abandoned sites. Property transactions are able to continue due to regulatory certainty provided by EPD review of "due diligence" reports.

9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000
0

2016

Expenditures by Authorized Use

Abandoned Site Cleanup
Landfill Reimbursements
Site Assessment, Remediation, and Monitoring Oversight

2017

2018

2019

2020

4 | FY 2020

Site Assessment, Remediation and Monitoring Oversight
Hazardous Site Inventory
Each year on July 1, EPD publishes the HSI, which is an inventory of the state's hazardous waste sites. The HSI gives the public detailed information about site location, the type(s) of contamination present at the site, and the cleanup status. An interactive map with site profile information and links to individual site summaries can be accessed on the EPD website.

Map of HSI sites

Release Notifications, Listings,

and Delistings

When a release of a regulated substance Chemical Storage; Former Jebco Inc, Release Notification Warren County is discovered in soil or groundwater, the

property owner determines if EPD notification is required. After receiving a notification, EPD uses a

numerical scoring process which factors the toxicity and physical state of the substance, the proximity to

nearby residents and drinking water wells, and access to the release. If the threshold for either soil or

Notifications / HSI Status

groundwater is exceeded, the site is placed on the HSI. EPD may also place

120

600 a site on the HSI if the site otherwise

100

503 500 poses a threat to health or the

80

400 environment.

362

60

300 Sites listed on the HSI are required to

40

200 meet the state's clean-up standards,

20

100 and once applicable clean-up

0

2016

2017

Notifications

Listings

0 standards are met, EPD removes the

2018

2019

Delistings

2020

site from the HSI. At the end of FY20, 503 sites were listed on the HSI.

Total sites

Cumulative sites delisted

In the past, sites may have been listed with incomplete scoring information,

or without exploring other avenues for cleanup. More recently, EPD has deferred scoring to

allow sufficient data to be acquired, to allow pre-scoring cleanup to occur, or to allow the site to be

enrolled in the Brownfield or Voluntary Remediation Program, when appropriate. These actions typically

result in a similar cleanup, but with lower costs and timeframe for both the property owner and the State.

5 | FY 2020

Community Outreach and Highlights from FY20
Throughout the year EPD provides outreach to communites by attending stakeholder events and community meetings, as well as providing technical assistance to the public. These are a few highlights from FY20: EPD is working with Region 4 EPA as they oversee the
Westside Atlanta Lead Cleanup Project, to ensure that state laws are followed, and cleanup standards are met. EPD has attended several EPA internal and Public Meetings designed to provide the community with information. EPD also coordinated closely with EPA and an HSI site owner in the impacted area to provide EPA utilization of the property and resolution of site issues.
Excavation of soil contaminated by lead. Westside Atl.
Members of the EPD met with State, Region, County, and City government officials to present an update on the HWTF Contract cleanup project at the Agri-Cycle Site HSI #10948 in Talmo, Jackson County. The meeting was followed by a site visit to allow representatives to see progress and consider future property use.
Release Notifications are commonly reviewed by the public. EPD has utilized staff and interns to scan historical notifications to allow for digital access. That work has been especially helpful in providing digital files to GORA requests during the transition to remote work near the end of FY20. EPD has also implemented a COVID-19 notification processing protocol to allow work to continue for notifications received during the pandemic.
RRP attended an Atlanta Beltline public meeting to provide an update on the status of the ESB, Inc. site. A lead-acid battery manufacturer formerly operated at the site, which is listed on the HSI. The site is adjacent to a section of the Beltline currently being developed in southwest Atlanta. The meeting was well-attended with more than 130 public participants.
Former ESB loading dock adjacent to Atlanta Beltline.
6 | FY 2020

Site Assessment, Remediation and Monitoring Oversight Success Stories

EPD received a release notification for the Silos at North

Farm Marketplace (Fulton County) after volatile organic

compounds (VOCs) from former dry cleaning operations

were found in soil and groundwater beneath a music

school in the shopping center. Vapor intrusion risks from

the VOCS were also identified. The property owner

requested additional time to complete corrective action,

and EPD issued a deferral of the site scoring. A

supplemental release notification submitted by the

property owner documented the corrective action,

which included removal of contaminated soil and

installation of a depressurization system to control vapor

intrusion. The completion of corrective action prior to

site scoring aided in the sale of the property, and a

prospective purchaser worked with EPD to develop a

remedial strategy to address the remaining impacts. The

property was entered into the Brownfield Program

shortly after without the need to list the property on the

Hazardous Site Inventory.

Vapor intrusion remediation system installation,

Fulton County

After the discovery of an unpermitted landfill (4.5-acres) in Muscogee County, site assessment confirmed soil and groundwater contamination related to the Bradley Circle Landfill. The site is located near residential neighborhoods, playgrounds, and the Chattahoochee Riverwalk utilized by the general public. The current owner, Columbus Consolidated Government (CCG), provided EPD with a Release Notification and the site was listed on the HSI in FY20.

View of field overlying the unpermitted landfill.
Although the placement of the site on the HSI might appear problematic for CCG, the listing can provide financial relief to CCG by utilizing the HWTF for reimbursement of expenses related to site assessment and remediation of the landfill. Utilization of these funds further provides peace of mind to both nearby homeowners and to the general public that this matter will be addressed in a timely manner.
Playground and residence adjacent to landfill.

7 | FY 2020

Success Stories (Cont'd) - Sometimes It Takes a Village

Linda's Cleaners circa 2008 Dekalb County

The Linda's Cleaners site in DeKalb County consisted of the former Linda's Cleaners (0.4-acres) and the Candler Forest property (17.3-acres). The site was listed on the HSI in 2002 for a release of chlorinated solvents used in the former dry cleaner operations. The Linda's Cleaners building has been demolished, and the property is currently paved and used for parking. The Candler Forest property is an undeveloped, wooded parcel that was impacted by dry cleaning solvents migrating into groundwater and surface water. Both properties have been enrolled in Georgia's Brownfield Program, and soils since certified as meeting cleanup standards.

The Responsible Party (RP) for the Linda's Cleaners site exhausted funds in 2009. With no financially viable party, the site was added to the HSI Abandoned Site list. In 2019, representatives of both properties agreed to enter the Voluntary Remediation Program (VRP). Because both owners had received limitations of liability for the groundwater contamination, EPD staff utilized existing file data to compile a VRP Application, which was used to enroll the properties, and subsequently delist them from the HSI. This extra effort by EPD saved HWTF dollars, removed an abandoned site from the HSI, and increased the potential for property redevelopment / economic impact, all while ensuring protection of the public and environment.

Tributary to Doolittle Creek, Dekalb County

Augusta MGP Site, HSI 10132, Richmond County. As part of a lengthy historic Manufactured Gas Plant cleanup, Atlanta Gas Light worked with the community to relocate the former Trinity CME church, allowing extensive remediation to occur in FY20.
8 | FY 2020

Landfill Reimbursement
The Act provides for reimbursement of eligible local government costs in the investigation and remediation of solid waste handling facilities listed on the State HSI or the Federal National Priorities List. Fifty-percent of the tipping fees that are appropriated are made available for these costs in accordance with the Act.
Up to $2,000,000 per site is provided for addressing the unexpected costs of leaking landfills such as enhanced monitoring and corrective action. The funding does not provide for routine postclosure care (PCC) at permitted facilities, such as capping or basic monitoring. However, for landfills closed prior to permitting requirements, these costs may be eligible.
Private landfills that have been abandoned may be eligible for PCC funding from the Solid Waste Trust Fund, and/or corrective action using the HWTF.
In FY20, EPD reimbursed local government costs from nine HWTF applications for a total of $1.6 Million. To date, over $46 Million has been reimbursed from the HWTF.

HSI #

SITE NAME

10678 10853 10685 10461 10669 10664 10678 10718 10282

Newton County Worth County Upson County Stephens County Jefferson County Gilmer County Newton County City of Sugar Hill Glynn County

FY20 REIMBURSEMENT
$336,067 $14,697 $30,100 $44,425 $16,980 $79,851 $1,019,101 $15,100 $24,449

Pictured above: Aerial view from Google Maps of a portion of the 273 acres that comprise the Newton County Landfill HSI 10678. Pictured below: Entrance from Lower River Road to the Newton County Landfill HSI 10678.

9 | FY 2020

Abandoned Site Cleanups

Agri-Cycle HSI 10948; Jackson County
When a responsible party fails to perform corrective action, EPD may utilize the HWTF and then attempt to recover the cost of cleanup. There are currently 62 sites on the HSI that are classified as abandoned. The total cost estimate for investigation and corrective action of these 62 sites is over $80 Million.
EPD conducts ongoing reviews of all abandoned and inactive sites and ranks those sites for enforcement and funding in accordance with a site prioritization model.
In FY20, EPD oversaw HWTF Contractor activity on 19 abandoned sites, spending $4.3 Million.

FY20 Abandoned Site Cleanups Muse Scrap Metals Franklin Street Site Palmetto Tire Fire Whittingham Carnell Wallace Lake Road Dump Martin Fireproofing Georgia, Inc. Swainsboro Electro Plating, Inc. O'Neill Manufacturing, Inc. Escambia Treating Company Brunswick (NPL Site)
Ben Gober Landfill Agri-Cycle Forstmann & Company, Inc. (Old Burn Pit) North Georgia Agricultural Services, Inc. Pelham Phosphate Company Escambia Treating Company - Camilla (NPL Site) Murrow Brothers Delinting Waste Cedartown Battery Site Gravel Pit Road Ditch W. F. Harris & Sons Wood Preserving

COUNTY Carroll Cobb Coweta Dekalb Douglas Elbert Emanuel Floyd Glynn
Gwinnett Jackson Laurens
Madison
Mitchell Mitchell
Oconee Polk Richmond Upson

Drums are often discovered at abandoned sites. Above: Swainsboro Electroplating, HSI 10703; Emanuel County; Right: Muse Scrap Metals, HSI 10413; Carroll County
10 | FY 2020

Abandoned Site Success Story

Martin Fireproofing during operations, Elbert County Excavated area of contaminated soil by facility building

Martin Fireproofing Georgia, Inc. used a 17-acre site in Elberton for the manufacturing of roof deck panels from 1968 through the mid-2000s. The panels were constructed of a concrete-coated wood that was treated with a sodium pentachlorophenate (PCP) preservative.
Burning of the wood-treating waste resulted in elevated concentrations of dioxins and furans identified at the facility and adjacent properties. Dioxins are highly toxic and pose a risk to public health. Elbert County Primary School and residential properties are located directly to the southwest and southeast.
The property was listed on the HSI in 1994. The responsible party conducted some investigation, but eventually became insolvent, and the site became abandoned. In 2016, EPD assigned a state contractor to begin assessment to address dioxin concentrations in the soil at approximately 3000x the residential clean-up standard.
Sampling also confirmed that soil contamination extended off-property; including exceedances in an area of the Elbert County Primary School playground formerly used as a garden, an adjoining residential property, and two adjoining industrial properties. Excavation was conducted at Elbert County Primary

School in October 2016, shortly after identifying the issue.

Removal activities

continued on the

residential property,

the adjacent industrial

properties, and the

source property, with

site work complete in

May 2020.

Soil excavation in school yard.

EPD filed a lien on the property in Elbert County for approximately $4 Million to recover HWTF expenses. EPD is coordinating with Elbert County regarding tax foreclosure, execution of an environmental covenant, and lien negotiation to allow for removal from the HSI and property redevelopment.

11 | FY 2020

Georgia Environmental Protection Division Land Protection Branch 2 Martin Luther King Jr Drive Suite 1054, East Tower Atlanta, Georgia 30334 epd.georgia.gov
For additional information, please contact EPD's Response and Remediation Program at 404-657-8600 or visit epd.georgia.gov/about-us/land-protection-branch/hazardous-waste
epd.georgia.gov/hazardous-site-inventory
12 | FY 2020