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HomeMy WebLinkAbout05-23-16 Residential NeighborhoodsOFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK RESIDENTIAL NEIGHBORHOODS MAY 23, 2016 4:50 P.M. Committee Members Present: Karen White, Jo M. Broden, Regina Williams- Preston, John Voorde Other Council Present: Oliver Davis, Gavin Ferlic Others Present: Kareemah Fowler, Joseph Molnar, Kathleen Cekanski- Farrand, Adriana Rodriguez Agenda: LaSalle Park/Beck's Lake EPA Superfund Site Update, Legal Department Committee Chair Karen White called the meeting to order with one (1) item on the agenda. Due to the overflow of people wishing to attend the meeting, Committeemember Jo M. Broden made a motion to recess and reconvene in the larger Council Chambers. Committeemember Regina Williams- Preston seconded the motion which carried by a unanimous voice vote. Committee Chair Karen White reconvened the meeting at 4:58 p.m. Committee Chair White explained this meeting is to serve as an update regarding the LaSalle Park and Beck's Late EPA Superfund Site. The first part of the presentation will come from the EPA and the second part from our Corporation Counsel Attorney Cristal Brisco. Councilmembers will have an opportunity to ask questions after the presentations. There will be a presentation and meeting tomorrow, May 24th 2016, at the Charles Black Center in LaSalle Park. Cristal Brisco, Corporation Counsel with offices on the 12th Floor of the County -City Building, thanked the Committee for the opportunity to provide a formal update on the LaSalle Park Superf ind Site. Representatives from Region Five (5) of the EPA are here to speak as well as the Indiana Department of Environmental Management. Everyone has the shared goal, along with the Common Council, that our neighborhoods are safe and that the public is informed. In furtherance of that goal, the EPA will provide a presentation on the history of the Superfund site as well as the Superfund process. Following that presentation, Corporation Counsel Brisco will provide information on the current sampling program. Jenny Davison, Environmental Protection Agency, gave a presentation on the history of the LaSalle Park and Beck's Lake site. The City and Honeywell have announced that they are going to sample the area as a part of the remedial investigation. The EPA has many environmental programs, the purpose for their involvement with this site is related to their responsibility for 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendfN.gov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE EMILY SEXTON CHIEF DEPUTY/ CHIEF OF STAFF DEPUTY/ DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK implementing the Comprehensive Environmental Response Compensation and Liability Act. The acronym for the program commonly used is CERCLA and the common name for the law is Superfund. Under Superfund there are two (2) different types of response actions. There are removal actions which respond to hazardous waste releases that present an imminent risk to human health that needs to be addressed immediately. There is also the remedial program which is an artifact of legacy pollution sites that do not pose an urgent threat to public health. These are complex sites that require comprehensive investigations. Based on the data to date, we are here as part of the remedial program. Ms. Davison provided a history of the site that lead to the issues that need to be addressed. This presentation is on file in the City Clerk's Office. Before the 1930s the area was the potential headwaters for the Kankakee River. From the 1930s to the 1950s the site was used as a waste dump. In the 1940s post -war housing was constructed on the southern portion of the site. In 1984 Bendix informed the EPA of past hazardous waste dumping activities in the area. After the notification, numerous sampling investigations were done on the area. In 2009, IDEM found elevated levels of lead and arsenic above background levels in the area. They referred their investigation to the EPA. Prior to the site being formally listed in the remedial program, EPA sent representatives from the removal program to do investigations of the LaSalle Park play areas. The data was evaluated and determined there was no immediate risk at unacceptable levels to park users. However, based on the historical information provided the park still warrants further investigation. In December 2013, Beck's Lake Site was added to the National Priorities List (NPL). This is why the City and Honeywell agreed to perform, with EPA oversight, an investigation focused on LaSalle Park. Once added to the NPL, EPA law provides framework to investigate for potential pollution. Ms Davison provided the steps to move forward with the remedial investigation. After the investigation by the City and Honeywell, a feasibility study will be held which allows us to look at the range of potential remedial alternatives to addressed risk. This can mean many different things. If there is no risk or contamination found, an appropriate remedy for the site would be no action. If there was risk but no exposure pathways, the EPA could require an institutional control such as a deed restriction that would restrict use to protect people from the contamination. If there is a risk found, EPA could require an engineering control such as excavation and hauling the waste to somewhere else. At this time, we don't have enough information to know what the appropriate remedy is and that is why the City and Honeywell are going to be doing the investigation this summer. Once the appropriate remedy is determined, EPA develops a proposed plan and makes it available to the public for input. The plan is then recorded into a Record of Decision (ROD). This process does take a while but the later phases of the process can be expedited dependent upon the risk found in the area. There will also be an expedited investigation in the Charles Black Recreation Area this summer. Based on whatever is found during the investigation, the EPA can allow for any type of remedy to move forward quickly and that will be included in the broader investigation of the entire LaSalle Park and Beck's Lake Superfund Site. Corporation Counsel Brisco gave a presentation on the upcoming activities during the investigation of the LaSalle Park/Beck's Lake site. Between 1989 and 2013 there have been six (6) different state and federal investigations. Soil data collected in 2009 by IDEM from a limited number of homes surrounding LaSalle Park identified elevated levels of arsenic. The levels identified at those homes did not pose an immediate risk or require an immediate cleanup. The 2 current investigation is focused on LaSalle Park. It is believed to be the primary source of contamination. Data acquired at LaSalle Park may help inform subsequent broader investigations. The current process involves the collection of data to determine the nature and extent of any contamination and any existence of threat to the public health, welfare, or the environment caused by the release or threatened release of hazardous substances, pollutants or contaminants at or within the boundaries of the LaSalle Park Area. The City and Honeywell will prepare a report presenting findings and evaluating risks associated with any identified contamination. To the extent any contamination is discovered that exceeds standards, the City will conduct appropriate remediation. The Charles Black Center and LaSalle Park will be OPEN for normal use during the investigation activities. On a daily basis, small work zone areas will be off limits and marked with caution tape, safety cones and /or temporary construction fencing during working hours. A fenced storage area measuring forty (40) feet by seventy (70) feet will be located north of the sledding hill near Linden Avenue for storage of large equipment and drummed soil /water generated during the investigation activities. All homes in the area are on City water — the water is not impacted by any potential contamination in LaSalle Park. Corporation Counsel Brisco gave a broad overview of the planned field sampling activities. These included: Conduct initial geophysical survey to better define /identify areas where subsurface fill /waste may exist, conduct surface soil sampling at one hundred and thirty -two (132) locations, conduct subsurface soil sampling at two hundred and eighty -eight (288) locations, test groundwater at forty -five (45) locations, conduct air sampling within the ground at twelve (12) locations, determine the content and quality of fill making up the sled hill in twelve (12) locations, and test water and sediments in Beck's Lake in twenty -four (24) locations. Corporation Counsel Brisco provided a map of the sampling locations. The entire presentation is on file in the City Clerk's Office. She also provided photos of what some of these sampling tests will look like. It is important the children in the community are informed about respecting the closed off areas of the park for their safety and the integrity of the investigation. The field is work is expected to be completed over the summer. The City of South Bend and Honeywell will work with EPA/IDEM on analysis of the data. A report documenting the sampling and analysis will be prepared. That report will discuss the sampling results in the context of applicable regulatory requirements, and will inform decisions on next steps. Committee Chair Karen White asked the Committee and other councilmembers present to ask questions for both the EPA and the Administration. Committeemember Regina Williams- Preston stated there has been a lot of concerns in the area about contamination for many years. Specifically, people talking about health problems that seem to be prominent in that particular neighborhood. Once this study is done and if there are concerns about harm to the residents living in the neighborhood, what kind of recourse would people who have lived in the neighborhood for years have? Corporation Counsel Brisco responded that she could only respond in a limited basis but if there is determined to be contamination at the site that exceeds the acceptable risk range than the City 3 and Honeywell would be committed to remediating and curing the area from any contamination. As far as recourse to individual residents, she was unable to speak regarding that topic and invited someone from the EPA to address the question. Mary Fulghum, Site Attorney with the EPA in Chicago located at 77 West Jackson, if there is an immediate threat found then actions will be taken quickly to address those threats. It is very difficult from a risk assessor's point of view to try to tie an epidemiological study back to specific exposures which makes it difficult to answer the question of what services would be available. This dump has been there and has been closed for a long time. Both immediate and long -term risks will be addressed. Committee Chair White responded that might be a conversation the EPA and the City may want to have as we move forward planning for the "what -ifs" so that we can be in a position to respond to our residents. Committeemember Williams- Preston agreed it is a conversation that needs to be held in the context of the historical context that in the past this was one of the only areas where African Americans were allowed to build homes. If this was a site that was known to be a hazardous area, we would do well to start thinking about what does that mean. We should be prepared as a community to have that conversation and rather than ignore or discount those rumors of medical issues there must be something the City can do. This should be both residents' concerns but also of course the concerns of the entire City. Committeemember Jo M. Broden asked what is significantly different in this new investigation versus what happened before. Jessica Fliss, IDEM with offices at 100 N. Senate Avenue in Indianapolis, responded there have been six (6) different investigations that took place over the years at the site. Those investigations were very limited and looked to if the site qualified on the National Priorities List. Those investigations determined that the site probably did not score high enough to be included into the National Priorities List. After that, the City asked for the site to be investigated to be included in the Brown Fields program. During that specific investigation, not only the park but the areas around the park were investigated and some elevated levels of lead and arsenic were found. That was new information at that time that then qualified the site for the National Priorities List. Committeemember Broden asked Ms. Fliss to clarify that the scope of the investigations were originally limited to the park. Ms. Fliss responded yes. Elevated levels of arsenic were found that did not require an immediate response but need to be possibly addressed in a long -term plan. There are many different options that may come out of this new investigation. Committeemember Broden asked if all these reports are available for the public. Ms. Fliss responded yes, they are on the EPA website and the IDEM Virtual File Cabinet. 4 Councilmember Oliver Davis asked if those reports could also be linked onto the South Bend website. Ms. Fliss responded yes a link could be placed on the City's website. Councilmember Davis asked about how the City can be so sure that the water is safe in the LaSalle Park neighborhood and is not impacted by any potential contamination given the fact there are elevated levels of lead and arsenic in the area. With the troubles Flint Michigan has been having, water safety is a big concern these days and to make a strong statement that the water is not impacted by any contamination is a big claim. He asked what proof the City can provide to back those claims up. Rick Brown, the City's consultant as designated by the EPA, responded to the question. The City is required to test the water for a whole myriad of issues every month. Those records would be with the Water Works Department and are reported to the state. If the state finds that any contaminant exceeds an acceptable drinking water standard, they are required to post that information so the public knows. Once water is blended and delivered out to the consumer there are no indications that the water has been affected. The City could not be legally allowed to distribute that water if problems were found. There is no indication that any City well field has water that could be coming from LaSalle Park. Regardless if it would be coming from that area or not there is no indication of contamination. When the City releases water out into the distribution system, it is safe. Beyond that point, there are no areas where the water is tested. Councilmember Davis asked given the nature of the site has there been any reason to test the water out in the neighborhood at the faucet level. Mr. Brown stated the first thing we need to do is determine what the quality of the ground water is in the park and that has not been done in the past. Something has to be able to move through the soil and get into the drinking water system and then past the City's purifying processes to be able to get into the pipes. The City takes every precaution required to ensure that the water released into the distribution system. At this point there is no reason to suspect any danger to the water but of course it is a reasonable question and concern to ask. Councilmember Davis asked if there is any way a brochure could be developed by the Administration to give to residents to show them why their water is safe. People need to have something tangible they can be shown. Mr. Brown stated Public Works could put that together. Dr. Keith Fusinski, an EPA Risk Assessor, responded also regarding the water questions. He stated lead and other metals tend to bind to the soils and they do not tend to get into the water pipes. Anything that is in the park is going to stay in the park. The EPA has an acceptable risk range. That range is from 1 in 10,000 to 1 in 1,000,000. We really want it closer to 1 in 1,00,000 but 1 in 10,000 is acceptable. People have a 1 (one) in three (3) chance of getting cancer just from being alive today because of everything that we are exposed to today. When we say something is not an immediate threat that is with the assumption of someone being at the park for twenty -four (24) hours a day for three hundred and fifty (350) days out of the year for thirty (30) years. That is what the EPA determines residential standards. For this site, we are also talking about sub - surface elevated levels of arsenic and lead. At the surface level they are within acceptable ranges. As you go lower that is when the numbers begin to rise. Committee Chair White stated she is encouraged to see so many agencies finally working together on this issue and it is her hope that after this most recent investigation we can say there is no contamination present or if there is contamination remove it quickly. She did express concerns that the park improvements, which have been fought for over the course of years, are now going to be delayed. Committee Chair White opened the floor to members of the public who would like to speak regarding this issue. She also mentioned there will be another public meeting tomorrow May 24th at the Charles Black Center. Gladys Muhammad, 808 North Ironwood Drive, stated she used to live in the LaSalle Park Neighborhood. The neighborhood after the war was the only place African Americans could live in South Bend. Her house was only a few feet away from the dump. There was a chain across the entrance of the dump that said "Do Not Enter" but of course they were kids and would go to the dump anyway. The trucks would come two (2) to three (3) times a week. Honeywell has agreed that they were a part of the dumping but O'Brien Paint was dumping there too because they smelled paint every day. LaSalle Park was built because there was no large park out there and the residents wanted their own park. Over the years, Charles Black Center has been a great asset to the community and there are fears about what is going to happen to the park. There are a lot of. rumors regarding health issues for that area and she appreciate the EPA and the City attempting to end those rumors. People in the neighborhood think the City is going to take their homes and a lot of that is a myth but it is what people think and we need to dispel that myth. She expressed concerns about how the meeting at Charles Black was going to be organized. She stressed it needs to be organized in a positive way and questions need to be addressed in a proper way. Committee Chair White asked Corporation Counsel Brisco who is running the meeting. Corporation Counsel Brisco responded it is being hosted by the Charles Black Center and South Bend Parks and Recreation. It is being facilitated by community outreach members of the EPA and Cherri Peate in the Mayor's Office. There will also be a Spanish translator as well. She stated a brochure like Councilmember Davis mentioned is a great idea. With no further business before the Committee, Committee Chair Karen White adjourned the meeting at 5:51 p.m. Respectfully Submitted, a", Karen White, Committee Chair G�