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AG STREET

AG STREET. BACKGROUND: 100 acres East New Orleans: end of Desire Street line Poor urban setting with great street names Geology of area HISTORY 1910 - 1957 Municipal dump Open burning area Ash from municipal incinerator. AG STREET. 1958 Dump Closed 1965 Reopened for

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AG STREET

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  1. AG STREET • BACKGROUND: • 100 acres • East New Orleans: • end of Desire Street line • Poor urban setting with great street names • Geology of area • HISTORY • 1910 - 1957 • Municipal dump • Open burning area • Ash from municipal incinerator

  2. AG STREET • 1958 Dump Closed • 1965 Reopened for • debris from Hurricane Betsy, • ash • Early 1970’s • Need for housing critical • Desire Street Projects • HUD ‘OK’ for redevelopment • 1978 - 1983 Mayor Dutch Morial Redevelopment Concept

  3. AG. STREET • $ 7 million Moton Elementary School • Community Center • Shopping center [7 businesses] • 67 single family homes • 225 townhouses [55 privately owned] • 128 unit apartment complex • 45 acres open

  4. AG STREET • SPONSORS of REDEVELOPMENT • City of New Orleans [Mayor Dutch Morial] • Attorney William Jefferson • Councilman Johnny Jackson • HUD • Housing Authority of New Orleans [HANO] • New Orleans School Board • Desire/Florida Area Community Council

  5. AG STREET • 1986 • Initial Concerns of Residents • EPA site survey results: No Further Remedial Action Planned • Community unhappy • 1991 • Center for Disease Control revises national goals for blood lead from 25 to 10 ugm/DL • 1993 • Environmental Justice Concept • Executive Order

  6. AG STREET • 1993 • May • Community leaders file petition with Gulf Coast Tenants Organization for EPA Superfund re-evaluation • Rumors of permanent relocation • September • EPA re-tests soil, • recalculates HRS including ingestion • 1994 • EPA integrated action team formed:

  7. AG STREET • 1994 • January • City as PRP indicates no $$ for cleanup • April • Community Outreach Office opened in Press Park town home • Sampling begins • May • 1st Removal Action completed: • fence around undeveloped area • Community Center playground soil cleanup • Play equipment problem

  8. AG STREET • August • Proposed to NPL • School Bo ard closes School, begins bussing • December • Added to NPL • 1995 • July Accelerated Investigation Completed • Soil Sampling • Indoor Air • Blood lead testing

  9. AG STREET Problem • RESULTS of RI: • Soil Carcinogen Risk • Surface: 1.3 E -04 • Subsurface 5.0 E -04 • Soil Lead Risk: • Surface 6% • Subsurface 64% • Blood lead results: • Better than rest of City • No landfill type gasses in homes, • Stable foundations

  10. AG STREET • RI RESULTS(continued) • Non Superfund hazards at homes (e.g. surfacing glass • Groundwater contaminated but • not in use • N. Orleans is below sea level • Moton School clean fill remained clean • Contamination from undeveloped property • stable over 20 years of floods, rains

  11. SUPERFUND • REMEDIAL ACTION AUTHORITY: • Long Term Human Health Criteria • Enforcement First • IF Fund Lead: • State to contribute 10% match of RA • unless owned/operated by State/local government • then match is > 50% of ALL costs

  12. SUPERFUND • REMOVAL AUTHORITIES: • SARA Limits: • $ 2 million • < 1 year • Exceptions [e.g. Initial Removal at Ag Street cost >$3 million] • Simpler process based on expediency [e.g. abbreviated Enforcement, Community involvement] BUTmust be consistent with Long Term Remedy • Temporary relocation OK but permanent relocation NOT

  13. SUPERFUND • REMOVAL ACTIONS, THREE TYPES: • Emergency: • Traditional • ‘Crisis’ Situations • Community ‘notification’ • PRP 24 hour of less response • Basis: Judgement • Example: Train wreck

  14. SUPERFUND • REMOVAL ACTIONS, THREE TYPES: • Time Critical • More time [<1 yr, <$2 M] • Basis: Removal Assessment • State/Community involvement • PRP 30 day notice • Non-Time Critical [since 1993]: • Basis:Engineering Evaluation/ Cost Analysis • Work is ‘Removalish’ • PRP notice 30+ days

  15. SUPERFUND • REMOVAL ACTIONS, THREE TYPES: • Non-Time Critical [since 1993]: • Community involvement in remedy selection • PRP notice 30+ days • ‘Christmas Tree’ Factors addressed • May exceed 1 year • May exceed $2M BUT • State cost share “sought” if over $2M • Congress notified if over $5M

  16. SUPERFUND • PERMANENT RELOCATION • Hot issue since 1980 • 1986 SARA allows Permanent Relocation where: • “…cost effective.. and “…environmentally preferable…” and “…needed to conduct remedial action…” • State must agree to accept titles to properties after remediation

  17. SUPERFUND • PERMANENT RELOCATION: 1995 • Used at 14 NPL sites in 15 years • Unwritten Policy Permanent Relocation possible where: • A Property physically needed to conduct remedy or • B Environmental problem impossible to solve • Congressionally mandated once: Koppers • Practical Problems • Escambia Pilot Project

  18. AG STREET • 1995 COMMUNITY VIEWS: • 67 Single family houses • 128 unit Gordon Plaza Apartments • waiting list • senior citizens • 7 Gordon Plaza shop owners • 124 units HANO townhouse residents • 55 units private townhouse owners • Desire/Florida adjacent community • School Board • City, HANO, HUD

  19. AG STREET • IDEA: • Eliminate non-problems, • Non-Time Critical Removal Action for remaining work • 100% federally funded with potential for cost recovery after • AIMS: • Complete work within one year, • Maximum community participation, • Leave Ag Street a better place to live than before NPL

  20. AG STREET • REMEDY CONCEPTS: • Groundwater: • Contaminated but not used • No Action needed • Delete from NPL • Moton School: • Clean fill effective as pathway barrier • Delete from NPL • Residential Areas: • Remove/Replace top 2 feet soils, add geotextile mat, re-landscape [voluntary for residents] • Excavated soils to undeveloped property • Removal Action: $12 million, 1 YR

  21. AG STREET • 1996 • March • Draft concept proposed • Adverse reaction • May • Community leaders ask EPA to delay decision-making process until Congress addresses problem [potential line item appropriation]

  22. AG STREET • 1996 • August • EPA proposes pilot demonstration project • Community opposition • Shelved • September • Appropriations Language: • EPA should consider all of its authorities for buyout • No separate appropriation • November • Not an election issue

  23. AG STREET • 1996 • December • Community Leaders [CCASL, D/F ACC, etc] to EPA: Start the formal decision-making process • 1997 • February • ‘Proposed Plan’ with remedy concept • 30 day comment period (extended 30 more)

  24. AG STREET • 1997 • March • Public and private meetings with all • May • Comments: • Community Leaders: Excavated contaminated soil must leave community • Mayor Marc Morial: ‘Choice Plan’ • June • Community Leaders meeting with EPA: • Remedy must include 45 acre undeveloped property as a total solution

  25. AG STREET • 1997 • July EPA Revised Proposed Plan: • Off site disposal of excavated residential soils • Undeveloped Property: leveled, cleared of vegetation geotextile layer 1 foot clean soil re-vegetated • Total Cost: $20 M

  26. AG STREET • 1997 • September • ATSDR issues report: • Statistically higher breast cancer in area not related to site • EPA must move fast for public health, consider temporary relocation • ATSDR and LOPH to provide individual health consultation • EPA signs: • Records of Decision for Groundwater and Moton School • Action Memoranda for Residential and Undeveloped Areas • IAG with US Corps of Engineers, New Orleans District to conduct remedy

  27. AG STREET • 1997 October • EPA Appropriations Language: • Stay remediation pending resolution of concerns regarding potential risks without temp/permanent relocation: • Air pollution from dust • Water pollution • Rodent infestation

  28. AG STREET • 1997 • November • Contractors tasked to develop design plans to resolve 3 issues. • December • Letter to EPA from elected representatives: • Delay remedy until Congress has had an opportunity to fully review the matter and potentially secure a buyout appropriation

  29. AG STREET • 1998 • January • CCASLF files suit against EPA • District Court grants (1/15): • Preliminary Injunction • Temporary Restraining Order • February • Hearings • EPA/DOJ files motion to dismiss • March • Court dismisses suits

  30. AG STREET • 1998 • April • Plans for rodent control, air/water pollution control completed • May • Auto accident shows future risk scenario possible • Mayor Morial requests technical summit meeting with Administrator

  31. AG STREET • 1998 • July • Technical Summit • EPA’s plans for • temporary relocation based on air quality • rodent control • air/water control • August • EPA announces intent to proceed • Initial Access requests issued • Gordon Plaza Apartments / several undeveloped property owners respond

  32. AG STREET • 1998 • September • Public meetings • Senior Citizens want EPA action • October • Removal Action begins • November • Private Investor: I’ll relocate private homeowners to my development if 40+ sign up and EPA promises to clean up

  33. AG STREET • 1998 • December • Removal Action completed at Senior Citizens Apartment, 1/3 of undeveloped property • 15 of 16 undeveloped property owners say ‘OK’ • City of New Orleans…... no answer • EPA to NO: Answer by January 8 • January • City revokes prior access agreement for fencing • Investor convicted of bank fraud

  34. AG STREET • 1999 • February • EPA issues Administrative Order to City of New Orleans for Access to undeveloped property • New Orleans files suit • Court grants TRO, schedules hearing for permanent injunction • March • Court dismisses City suit • City files request for reconsideration, vows to fight to Supreme Court • HANO [HUD] grants access to public properties

  35. AG STREET • 1999 • March • Work completed on undeveloped property • April • Townhouse cleanup starts • Community Center cleanup starts • September • All private and public town homes cleaned • All community property cleaned

  36. AG STREET • 1999 • October • 16 of 67 S/F homes grant cleanup access • EPA to remainder: ‘Need access by Thanksgiving, cleanup crews t leave by December’ • December • 26 of 67 S/F homes completed • EPA shuts down

  37. AG STREET • 2000 …. Postscripts • City of New Orleans • Bankers • Calls from community

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