[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Proposed Rules]
[Pages 13944-13945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6270]



[[Page 13944]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5171-8]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Dakhue Sanitary Landfill Site 
from the National Priorities List; request for comments.

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SUMMARY: The United States Environmental Protection Agency (U.S. EPA) 
Region V announces its intent to delete the Dakhue Sanitary Landfill 
Site from the National Priorities List (NPL) and requests public 
comment on this action. The NPL constitutes Appendix B of 40 CFR part 
300 which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), which EPA promulgated pursuant to Section 105 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA) as amended. This action is being taken 
by U.S. EPA because it has been determined that all Fund-financed 
response actions under CERCLA have been implemented and EPA, in 
consultation with the State of Minnesota, has determined that no 
further cleanup actions are necessary. Moreover, EPA and the State have 
determined that remedial activities conducted at the Site to date have 
been protective of public health, welfare, and the environment.

DATES: Comments concerning the proposed deletion of the Site from the 
NPL must be postmarked no later than April 14, 1995.

ADDRESSES: Comments may be mailed to Gladys Beard (HSRM-6J) Associate 
Remedial Project Manager, Office of Superfund, U.S. EPA, Region V, 77 
W. Jackson Blvd., Chicago, IL 60604. Information on the Site is 
available at the local information repository located at: Cannon Falls 
Public Library, 306 West Mill St., Cannon Falls, MN 55009. Requests for 
comprehensive copies of documents should be directed formally to the 
appropriate Region V's Docket Officer. The address for the Region V's 
Docket Officer is Jan Pfundheller (H-7J), U.S. EPA, Region V, 77 W. 
Jackson Blvd., Chicago, IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Gladys Beard (HSRM-6J) Associate 
Project Manager, Office of Superfund, U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 886-7253; or Cheryl Allen (P-19J), 
Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd., 
Chicago, IL 60604, (312) 353-6196.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region V announces 
its intent to delete the Dakhue Sanitary Landfill Site from the 
National Priorities List (NPL), Appendix B to the National Oil and 
Hazardous Substances Pollution Contingency Plan, 40 CFR Part 300 (NCP), 
and requests comments on the deletion. The EPA identifies sites which 
appear to present a significant risk to public health, welfare or the 
environment, and maintains the NPL as the list of those sites. Sites on 
the NPL may be the subject of Superfund (Fund) Fund-financed remedial 
actions. Pursuant to Sec. 300.425(e)(3) of the NCP, any site deleted 
from the NPL remains eligible for additional Fund-financed remedial 
actions in the unlikely event that conditions at the site warrant such 
action.
    The U.S. EPA will accept comments on this proposal for thirty (30) 
days after publication of this notice in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that EPA is using for 
this action. Section IV discusses the history of this site and explains 
how the site meets the deletion criteria.
    Deletion of sites from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Furthermore, deletion 
from the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist in Agency management.

II. NPL Deletion Criteria

    The NCP establishes the criteria the Agency uses to delete sites 
from the NPL. In accordance with 40 CFR 300.425(e), sites may be 
deleted from the NPL where no further response is appropriate.
    In making this determination, EPA will consider, in consultation 
with the State, whether any of the following criteria have been met:
    (i) Responsible parties or other persons have implemented all 
appropriate response actions required; or
    (ii) All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    (iii) The remedial investigation has shown that the release poses 
no significant threat to public health or the environment and, 
therefore, taking of remedial measures is not appropriate.

III. Deletion Procedures

    Upon determination that at least one of the criteria described in 
Sec. 300.425(e) has been met, U.S. EPA may formally begin deletion 
procedures, that is if the State has concurred with the intent to 
delete. This Federal Register notice, and a concurrent notice in the 
local newspaper in the vicinity of the Site, announce the initiation of 
a 30-day comment period. The public is asked to comment on U.S. EPA's 
intention to delete the Site from the NPL. Documents in support of U.S. 
EPA's decision to issue this notice are included in the information 
repository and the deletion docket.
    Upon completion of the public comment period, the U.S. EPA will 
evaluate comments received during the comment period prior to reaching 
a final decision to delete the Site and the Regional Office will 
prepare a Responsiveness Summary which addresses comments received. The 
public is welcome to contact the U.S. EPA Region V Office to obtain a 
copy of this Responsiveness Summary, if one is prepared. If U.S. EPA 
determines the decision to delete the Site from the NPL is appropriate 
after the public has had an opportunity to comment, then the final 
Notice of Deletion will be published in the Federal Register.

IV. Basis for Intended Site Deletion

    The Dakhue Sanitary Landfill is located in Section 24 and 25 
Township 113 North, Range 18 West, in Hampton Township, Dakota County, 
Minnesota. The Site encompasses approximately 80 acres, of which 26 
acres have been actively landfilled. The landfill began operations in 
1971 receiving mixed municipal and industrial solid waste. A solid 
waste landfill permit was issued to the owner of the Site on October 1, 
1971. Dakhue Landfill operated until May 31, 1988, at which time waste 
disposal activities ceased. Since opening, the landfill has been 
utilized for the disposal of mixed municipal and commercial waste and 
small amounts of industrial waste. The landfill was initially opened on 
a part-time basis until 1973 when the landfill extended its operation 
to six days per week. It is [[Page 13945]] estimated that 1,500,000 
cubic yards of waste were disposed of at this-site.
    In a letter dated July 22, 1988, representatives of the landfill 
owner stated that Dakhue Landfill, Inc. was financially unable to 
undertake closure and postclosure activities required at the landfill. 
On October 11, 1988, Dakhue Landfill, Inc. filed for Chapter 11 
bankruptcy.
    The Site was proposed for the NPL on October 26, 1989 and finalized 
on August 30, 1990 with a score of 42.
    The U.S. EPA funded the MPCA to conduct of Remedial Investigation 
(RI) and Feasibility Study (FS) activities. RI work involves 
determining the nature and extent of contamination and FS work involves 
developing and evaluating remedial alternatives.
    During the course of those activities, U.S. EPA and MPCA decided to 
divide the remedy for the Site into two units or discrete actions, 
referred to as ``operable units'' (OUs). They are as follows:
    OU One: Source control of contaminates from the landfill.
    OU Two: Contaminated groundwater migration management.
    A focused FS was completed in March, 1991 for the first OU and a 
Record of Decision (ROD) was issued on June 28, 1991 outlining work 
necessary to address the source of the contamination, the landfill 
itself.
    An RI was completed for the second OU in August, 1992 and a FS was 
completed in December, 1992. A ROD was issued on June 30, 1992 
outlining work necessary to address the migration of contaminated 
groundwater.
    The objective of the remedial action initiated for the Dakhue 
Sanitary Landfill was to meet the overall goal of protecting human 
health and the environment. This objective will be achieved through the 
construction of the landfill cover and maintaining a groundwater 
monitoring system so that the potential risks associated with the Site 
are reduced. This will be accomplished through reducing the 
infiltration of water into the landfill waste mass; reducing the build-
up of combustible gases; and reducing the generation and discharge of 
landfill leachate and continued monitoring of the Site will ensure the 
future effectiveness of the remedy.
    On June 28, 1991, a Record of Decision (ROD) which documented 
remedial actions for OU one (source control) was signed. The first 
operable unit addresses the source of the contamination by containing 
the wastes and contaminated soil on-site. The function of this operable 
unit is to provide a final cover for the Dakhue Sanitary Landfill which 
will prevent or minimize groundwater contamination and risks associated 
with the exposure to the contaminated materials. The major components 
of the selected remedy for this operable unit include:
    Capping with a final cover system consisting of a gas control 
layer, a barrier layer of low permeable material, a drainage layer, 
topsoil cover and vegetation.
    The remedy for the second operable unit includes the following 
components: The institutional Controls contained in Dakota County 
Ordinance No. 114 and Minnesota Rules 4725.2000 and 4725.4300 which 
restrict well development. A long-term groundwater monitoring program 
to: (1) Ensure that contaminated groundwater is not migrating off-site 
(2) assess trends in water quality in the Sand and Gravel aquifer; (3) 
verify that the deep aquifer is not affected; and (4) to provide 
adequate protection to aquatic life in Judicial Ditch No. 1 from 
adverse effects resulting from possible discharge of contaminated 
groundwater.
    Construction of the landfill cover provided for in OU one was 
completed during the 1992 construction season. Groundwater monitoring 
as provided in OU two was initiated and several rounds of sampling have 
been completed to date.
    EPA, with concurrence of the State of Minnesota, has determined 
that all appropriate Fund-financed responses under CERCLA at the Dakhue 
Sanitary Landfill Site have been completed, and no further Superfund 
response is appropriate in order to provide protection of human health 
and the environment. Therefore, U.S. EPA proposes to delete this Site 
from the NPL.

    Dated: March 1, 1995.
Valdas V. Adamkus,
Regional Administrator, U.S. EPA, Region V.
[FR Doc. 95-6270 Filed 3-14-95; 8:45 am]
BILLING CODE 6560-50-P