1.1.1 Incident Category

Time Critical

1.1.2 Site Description

The Diversified Resources Site is an abandoned metal recycling facility.  From approximately 1993 to 2001, Resource Recovery International Corporation (“RRIC,” formerly “Double Day, Inc.” until 2001) and its wholly-owned subsidiary Diversified Resources (Diversified Resources) operated at the Site.  RRIC and Diversified Resources processed large quantities of metal swarf at the facility.  Metal swarf is a waste material generated from metal working operations such as milling and grinding.  The initial intention of the companies was to recycle and reclaim the swarf into a reusable product.  The metal swarf is present in large waste piles and in hundreds of 55-gallon drums, super sacks, cubic-yard boxes, and miscellaneous items on the Site.

There are several structures on the property.  The largest structure is a partially demolished building currently used to store hundreds of drums, super sacks, cubic-yard boxes, and miscellaneous materials.  The property is unoccupied, and the minimum security measures include a locked gate at the east end of the property.

The Site contains approximately 8,000 to 10,000 tons of “steel swarf”.  Swarf is a waste material generated from metalworking operations such as milling or grinding.  The material is typically mixed with cutting or lubricating oils.  The swarf is stored on the Site in drums, super sacs, Gaylord boxes and in large stock piles. 

Many of the Site buildings are covered with transite panels.  In 2010, a representative of the property owner removed large quantities of the transite panels from some of the buildings.  The removal of the transite panels exposed swarf material and other drums and containers to the elements. 

The Site is located approximately one quarter mile away from a shopping plaza, a residential area, and from a Kent State University Satellite Campus. 

The Site is currently vacant.  There is no security presence at the Site, and many of the fences are in a state of disrepair.  The facility does not contain any signs or other deterrents to preclude or warn the public of the potential hazards.  It is possible for trespassers to be exposed to the hazardous substances present on the property.

1.1.2.1 Location

400 Refractory Drive NW in Warren, Trumbull County, Ohio

1.1.2.2 Description of Threat

Analytical results for samples collected during the SA indicated that three tanks and one drum contain flammable hazardous wastes.  Many drums inside the east end of the partially demolished building were inaccessible for sampling during the SA.  Therefore, additional drums could contain flammable hazardous waste.  Some drums in the east end of the partially demolished building had labels or markings indicating that the drums contain flammable solid materials.  Some labels also indicated that the drums contain water-reactive materials.  Unauthorized entry onto the Site could result in the accidental or intentional ignition of flammable materials stored at the Site.  In addition, the drums are located in a partially demolished building, with the potential for exposure to the elements and potential structural failure of the building.

EPA testing has documented asbestos transite panels are scattered throughout the Site.   Asbestos is a listed hazardous substance under 40 C.F.R. § 302.4. If pulverized, friable asbestos has the potential to leave the Site via airborne migration or in rainwater runoff. 

While access onto the Site is restricted, evidence of tresspassing and vandalism was documented during SA activities.  Unauthorized access to the Site could result in direct contact with or an accidental or intentional release of potentially hazardous materials.

1.1.3 Preliminary Removal Assessment/Removal Site Inspection Results

On August 22-24, and again on August 28-30, 2012, EPA conducted a site assessment and  collected waste characterization samples and further document Site conditions.

2.1.1 Narrative

2.1.2 Response Actions to Date

Friday, September 18th

ERRS continued consolidating neutral liquids into shippable containers.  Empty drums were segregated into a staging area.  Site was secured for the weekend.

Monday, September 21st

ERRS filled a 30-cubic yard box with miscellaneous debris and combustible wastes.  Continued staging nonhazardous drums.  Full 30-yard box was transported off site and a new box was dropped.

Tuesday, September 22nd

ERRS continued filling 30-yard box with debris and combustible waste.  Continued staging nonhazardous drums according to similar content and markings.

Wednesday, September 23rd

ERRS continued activities from previous day.  The contents of 3 large ASTs were pumped into a tanker truck for off site recycling.  Approximately, 4,800 gallons of old heating oil was shipped off site.  The 3 ASTs were marked "Empty".

Thursday, September 24th

ERRS continued activities from previous day.  No Site activities for Friday, September 25th.

Monday September 28 through Friday October 16th

ERRS began unstacking pallets of drums and restaging the drums by like-content.  Any drum found to contain liquid waste was opened and the waste was pumped into shippable containers.  Numerous drums of liquid waste were found mixed in with solid waste drums and many drums contained waste oil ranging from1 inch to 12 inches.

ERRS collected waste characterization samples for analysis.  On October 8th a subcontractor was on site to Lab Pack miscellaneous small containers, write profiles and package material for shipment.

ERRS continued general cleanup of debris and combustible waste.

Monday, October 12th - Holiday No Site activities

Tuesday, October 13th

All site activities were complete.  The 3rd and final 30-yard refuse box was transported off site for disposal.  Chemtron Corp transported all remaining liquid waste and Lab Pack off site for disposal at Avon, Ohio.

All remaining drums in the building were unstacked and staged by like content.  The drums contain nonhazardous ferrous material.  Approximately 3,200 drums remain in the building. 

ERRS demobilized all equipment and personnel from the site and the key was turned back over to a local representative of the property owner.

2.1.3 Enforcement Activities, Identity of Potentially Responsible Parties (PRPs)

The Ohio EPA issued Notice of Violation (NOV) letters for solid waste violations at the facility to Site owner Von Vittersan-Lecopla, USA, LLC on January 25, 2008 and April 8, 2010; to operator Diversified Resources on January 24, 2008, January 25, 2008, April 10, 2008, and May 20, 2008; and to operator RRIC on January 24, 2008.
 
Ohio EPA also issued a request on January 16, 2007 to NuFlux Engineered Materials to remove surplus drums of acids/liquids stored in a kiln area, laboratory chemicals stored in the vacated onsite lab, and two pallets of drums of magnesium stored in a locked storage room within the facility.  

Along with Ohio EPA, the Trumbull County Health Department started issuing NOVs to Diversified Resources, specifically Edgar Knieriem as its principal, in 2001.  The matter was brought before the Trumbull County Board of Health, which issued Findings and Orders against the facility.  The case was eventually referred to the Trumbull County Sheriff’s Office and Trumbull County Prosecutor’s Office.  Mr. Knieriem plead guilty to six counts of open dumping and burning of solid waste on March 12, 2012.

The Mahoning-Trumbull Air Pollution Control Agency (M-TAPCA) issued Von Vittersan-Lecopla, USA, LLC and Mr. Sergio Dipaolo, a representative of the property owner, NOVs on March 16, 2010, April 8, 2010, and June 11, 2010 for non-compliance with National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements due to the the March and April 2010 demolition work of parts of the structure.  Ohio and Mr. Dipaolo consented to the entry of a consent order and judgment entry in January 31, 2013 for a civil penalty of $30,000.

Von Vittersan-Lecopla, USA, LLC (Von Vittersan) has owned the site since August 2, 1994 and remains the current owner. Von Vittersan-Lecopla is a Delaware corporation with Edgar Knieriem, a.k.a. Ed Kane, as its principal.  Von-Vittersan Lecopla’s corporate address is Agents for Delaware Corporations, Inc., 310 Alder Road, P.O. Box 841, Dover, Delaware 19904. 

On June 17,2014, Von Vittersan signed a USEPA AOC agreeing to conduct a cleanup on the property.  Von Vittersan failed to comply with all provisions of the Order and USEPA elected to under take a fund-lead cleanup on the property.

2.1.4 Progress Metrics

2.2.1 Anticipated Activities

None

2.2.1.1 Planned Response Activities 

None

2.2.1.2 Next Steps 

Place CERCLA Lien on property

2.2.2 Issues

None.