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Site Report: Bear Creek Apartments HOT


Site Name: Bear Creek Apartments HOT
Address: 1106 2nd Street, Douglas, AK 99824
File Number: 1538.38.006
Hazard ID: 4294
Status: Active
Staff: Danielle Duncan, 9074655207 danielle.duncan@alaska.gov
Latitude: 58.277836
Longitude: -134.395051
Horizontal Datum:WGS84

We make every effort to ensure the data presented here is accurate based on the best available information currently on file with DEC. It is therefore subject to change as new information becomes available. We recommend contacting the assigned project staff prior to making decisions based on this information.

Problems/Comments

In December 2001 petroleum sheen was observed in Bear Creek entering Gastineau Channel from Douglas Island. DEC investigation traced the sheen to the base of a yard at the Bear Creek Apartments on 2nd Street in Douglas. The oil discharge source was a partially buried fuel tank at the south side of the apartment building. A month-long effort to recover oil in winter ice and snow conditions using sorbent materials at surface drainage areas and ponds in the creek eventually stabilized the site. Subsurface vented piping was later added at the west side of the building where soil nutrients were added to promote natural breakdown of trapped oil by microbes. Site Assessment sampling and laboratory analysis of soil between the building and the creek in 2002 and 2003 indicates that the remedial treatment method has had limited effectiveness and a substantial level of petroleum contamination remained at the site. DEC requested the owner of the apartment building make arrangements for a current site assessment of the spill zone between the apartment building and Bear Creek.

Action Information

Action Date Action Description DEC Staff
12/17/2001 Update or Other Action ADEC received notification of the discharge of oil onto the banks and waters of Bear Creek adjacent to the apartment building on 2nd Street in Douglas. The release is attributed to the failure of a heating oil tank. The owner made arrangements with a local environmental contractor to provide response actions to gain control of the spillage. Smith Bayliss LeResche was able to remove oily snow and collect 30 to 40 gallons of oil in the process but the area soaked in oil with ice and snow proved too difficult to work with. Further action was postponed until thaw conditions allowed access by the contractor. The lawn was covered with plastic material to limit infiltration of rainfall that increased the rate of oil entering the stream. Bruce Wanstall
9/11/2006 Spill Transferred from Prevention Preparedness and Response Program Site transferred from PERP staff Scot Tiernan. Spill No. 01119933603, diesel fuel release discovered on 12/17/01, amount unknown. PERP file no. 1513.02.309. Mitzi Read
9/12/2006 Site Added to Database Site added to the database. Mitzi Read
9/13/2006 Update or Other Action DEC SART Notification Letter to the current owner of the apartment building states that contaminated soil from a partially buried heating oil tank release in 2001 is above regulatory cleanup levels and will require long term clean up action or monitoring. Oversight management of required future actions is transferred to the Contaminated Sites Program. Bruce Wanstall
12/21/2006 Update or Other Action Set up contact records then review the spill file and the 2002 and 2003 Site Assessment Reports. Improvements to the current corrective action plan are recommended. Bruce Wanstall
7/25/2007 Update or Other Action A letter was sent to the current property owner requesting soil sampling to determine current status of the remedial soil treatment at the spill site. Bruce Wanstall
7/25/2007 Exposure Tracking Model Ranking Site controls are not in place at the site to control access to surface soil adjacent to a residential apartment building where the oil spill occurred. An ADEC letter to the current owner requested a current site investigation of soil contamination on the property and of possible impacts to Bear Creek. Bruce Wanstall
6/26/2009 Update or Other Action ADEC requested a site assessment by the owner of the Bear Creek Apartments HOT contaminated site. Soil testing to determine the effectiveness of treatment is required by regulation and is long overdue. The letter requires the facility owner to declare intentions to comply with the request within 30 days. Bruce Wanstall
8/7/2009 Update or Other Action The facility owner was contacted to determine the landowner’s intentions regarding the DEC written request for plans to remediate and monitor residual heating oil contamination on the property. Bruce Wanstall
11/18/2009 Update or Other Action ADEC letter requested the apartment manager make arrangements with an environmental consultant to submit a workplan for current assessment of residual soil contamination on the property. The draft workplan should summarize the emergency spill response, cleanup efforts and historical site assessment of contamination on the property. The workplan should conform to sampling and analysis requirements in 18 AAC 75.355 and provide sufficient data for final reporting requirements stated in 18 AAC 75.380. In summary, ADEC requires additional information to evaluate the trend in contaminant concentrations and the various exposure pathways that may pose an unacceptable risk to hazardous substances. In order to evaluate both the contamination and the exposure pathways, a Conceptual Site Model (CSM) is required that provides the basis for evaluating risk at a site. Bruce Wanstall
3/3/2010 Potentially Responsible Party/State Interest Letter ADEC again requested by letter that the owner/manager of the Bear Creek Apartments make arrangements with an environmental consultant to conduct current assessment of residual soil contamination on the property. The letter also provided notification to the owner/manager of the Bear Creek Apartments of liability for ADEC expenditures associated with this pollution incident and State Interest in a timely response. The contaminated site cleanup process requirements for development of a conceptual site model and workplan before cleanup begins were included to ensure the environmental data meet ADEC quality assurance criteria. Bruce Wanstall
8/23/2012 Update or Other Action DEC letter was sent certified by regular mail to the owner/operator of the Bear Creek Apartments in Douglas requesting a plan be submitted for approval that will schedule soil and groundwater investigation of contamination from a heating oil spill on the property. The purpose of these site activities is to ensure that the pollution is contained and that the migration of contamination is not presenting a risk of exposure that could affect human health and safety or the environment. Bruce Wanstall
8/30/2012 Update or Other Action The DEC letter sent certified by regular mail on August 23rd to the previously active address was returned unclaimed. A second copy of the letter was sent to Erik Emert at PO Box 020297 in Juneau. The Bear Creek Apts are located on Lot 2 Block 15 at 1102 2nd Street in Douglas. Bruce Wanstall
9/21/2012 Update or Other Action The second attempt to deliver a DEC letter, sent certified by regular mail on August 30th to Erik Emert at PO Box 020297 in Juneau, was returned. The second letter indicated that the postmaster provided a notice to the box holder on 8/31/12, 9/5/12 and 9/15/12 before it was returned. The Bear Creek Apts are located on Lot 2 Block 15 at 1102 2nd Street in Douglas next to Bear Creek. Bruce Wanstall
12/14/2012 Update or Other Action The responsible party contacted DEC by telephone and expressed intent to make arrangements for a site assessment to address Department concerns with potentially high levels of heating oil contamination in surface soil posing a risk to residents of the building. DEC recommended several local environmental consultants capable of providing the necessary information. Bruce Wanstall
4/25/2013 Exposure Tracking Model Ranking A new updated ranking with ETM has been completed for source area 75274 heating oil tank. Bruce Wanstall
7/8/2013 Update or Other Action DEC letter was sent by regular mail to Erik Emert the owner/operator of the Bear Creek Apartments requesting a plan be submitted for approval that will schedule soil investigation of contamination from a heating oil spill on the property. The purpose of these site activities is to ensure that the pollution is contained and that the migration of contamination is not presenting a risk of exposure that could affect human health and safety or the environment. Bruce Wanstall
8/14/2013 Update or Other Action Eric L Emert called DEC to say that Jason Ginter with Nortech Environmental had collected a soil sample and submitted it for analysis. Bruce Wanstall
3/7/2014 Potentially Responsible Party/State Interest Letter Dept of Law sent by certified mail today to Eric Emert, the owner/operator of the Bear Creek Apartments, a Notice of Potential Liability letter regarding DEC oversight of oil discharge and cleanup activities at the site. The letter states that DEC has thus far incurred a cost of $3,617.82 in responding to the pollution incident. In addition, further groundwater treatment and monitoring of the site may be necessary. Any remediation activities and required monitoring could incur further costs. Bruce Wanstall
4/1/2014 Update or Other Action DEC contacted the owner/operator responsible party Erik Emert today by telephone and was assured that he would take action to address overdue environmental sampling and administrative cost recovery requirements associated with the historic oil spill from a heating oil tank at the Bear Creek Apartments. Bruce Wanstall
4/25/2014 Report or Workplan Review - Other DEC reviewed the letter report Bear Creek Apartments, 1106 2nd Street Douglas AK (Report), dated April 4, 2014. Nortech Engineering Inc (Nortech) submitted the letter report to DEC to document the collection of two soil samples at the referenced site for laboratory analysis. DEC sent a letter to the RP address in Juneau providing an evaluation of the Report with a request for additional sampling for extent site characterization using an expanded analyte list to meet DEC requirements for site closure. DRO concentrations in the near surface soil sample was 2,280 mg/kg and in the soil sample collected at two feet below the surface was 3,890 mg/kg. Bruce Wanstall
4/28/2014 Cleanup Level(s) Approved DEC sent a copy of the 4/25/14 letter evaluating the Nortech sampling report today to the RP address in Douglas. The letter approved media cleanup levels established in 18 AAC 75.341 Method Two for soil with chemicals listed on 18 AAC 75.341(c) Table B1 and petroleum hydrocarbon ranges listed on 18 AAC 75.341(d) Table B2 in the over 40 inch zone. Groundwater criteria list in Table C at 18 AAC 75.345(b)(1) also apply, and surface water as referenced in 18 AAC 75.345(f) must meet the Water Quality Standards found in 18 AAC 70 for TAqH and TAH (volatile and semi-volatile hydrocarbons). Although groundwater has not been and may not need to be investigated for contamination, soil cleanup levels protective of migration to groundwater and in turn, surface water, still apply to this site. The confirmed contaminant of concern for the completed pathways at this site is diesel range (DRO) hydrocarbons and potential COCs include benzene, toluene, ethylbenzene and total Xylene (BTEX) hydrocarbon compounds for soil and groundwater. If site investigation indicates potential for off-site migration of COCs then TAH and TAqH will be added to the COC list. Bruce Wanstall
5/1/2014 Public Notice DEC recorded public notice of environmental contamination (NEC) that the property located at 1106 2nd Street, Douglas Alaska, 99829, and more particularly described as: Lot 2 Block 15 Douglas Townsite, has been subject to a discharge or release and subsequent cleanup of oil or other hazardous substances, regulated under 18 AAC 75, Article 3, revised as of April 8, 2012. Further site investigation into the extent of soil, groundwater and surface water contamination and periodic monitoring are necessary to determine if conditions on the property warrant additional remediation. Pursuant to 18 AAC 75.325(i)(1) and (2), DEC approval is required prior to moving soil or groundwater that is, or has been, subject to the cleanup rules found at 18 AAC 75.325-.370. At this site, in the future, if soil is removed from the site or groundwater is brought to the surface (for example to dewater in support of construction) it must be characterized and managed following regulations applicable at that time. This NEC remains in effect until a written determination from ADEC is recorded that states that soil and/or groundwater at the site has been shown to meet the most stringent soil cleanup levels in method two of 18 AAC 75.340 and/or groundwater meets the cleanup levels in Table C in 18 AAC 75.345 and that off-site transportation of soil and/or groundwater is not a concern. Bruce Wanstall
8/19/2014 Report or Workplan Review - Other Nortech submitted a Site Assessment Plan (SAP) for 1106 2nd Street, Douglas, Alaska to characterize heating fuel contamination remaining from the 2003 failure of a heating oil tank serving Bear Creek Apartments. This assessment is intended to determine the steps necessary to achieve site closure. The SAP recognizes DRO and BTEX as the contaminants of concern for the interim removal of contaminated soil from the site. If the Interim Removal soil confirmation sample results exceed the migration to groundwater soil cleanup levels, DEC requests Nortech add Total Aromatic and Total Aqueous Hydrocarbons (TAH & TAqH) as contaminants of concern (COCs). Surface water is not used as a drinking water source at the site or in the area. As a result, the ingestion of surface water pathway is not complete. In accordance with Title 18 Alaska Administrative Code (AAC) 75.355 – 75.360, before beginning any work was performed, Nortech, an impartial third party qualified person(s), submitted a work plan (SAP) for approval that is consistent with regulation and recommendations for data quality assurance and field sampling methodology in Contaminated Sites Program guidance documents. Therefore the SAP is approved in accordance with 18 AAC 75.335(b). The SAP adequately identifies exposure pathways and receptors at the site and the fate and transport mechanisms for contaminated media. Bruce Wanstall
8/19/2014 Exposure Tracking Model Ranking A new updated ranking with ETM has been completed for source area 75274 heating oil tank. Bruce Wanstall
4/21/2015 Update or Other Action In 2014, Erik Emert made arrangements with Nortech Environmental Inc. (Nortech) to prepare and submit to DEC for approval, a Site Characterization Plan (Plan) to investigate soil and groundwater contamination at the referenced Site. By letter dated August 19, 2014, DEC approved the Plan and schedule submitted by Nortech to begin work in the summer months of 2014. Today DEC sent a letter to Erik Emert requesting a Report on the results of the planned site work. If the work has not been completed, then Emert should submit a schedule to implement the Plan to investigate the contamination of soil and groundwater contamination on the Site. A copy of the 2014 Plan Approval letter and the Nortech work plan were mailed with today’s letter as attachments. Bruce Wanstall
5/4/2015 Update or Other Action Today DEC sent a letter to Erik Emert requesting a Report on the results of the planned site work. If the work has not been completed, then Emert should submit a schedule to implement the Plan to investigate the contamination of soil and groundwater contamination on the Site. A copy of the 2014 Plan Approval letter was mailed with today’s letter as attachments. Bruce Wanstall
4/7/2016 Lien Recorded A lien was placed on the property to recover department costs; this site is still active. Bruce Wanstall
11/14/2016 Institutional Control Record Established Institutional Controls established and entered into the database. Bruce Wanstall
1/12/2017 Exposure Tracking Model Ranking A new updated ranking with ETM has been completed for source area 75274 heating oil tank. Bruce Wanstall
9/12/2017 Lien Removed Lien paid in full. Sally Schlichting
10/9/2017 Update or Other Action Requested a report or work plan this date - this is the 3rd request. Certified # 7014 2120 0001 4210 1428 Danielle Duncan
10/25/2017 Update or Other Action Discussed the site with the landowner and sent some information via email. Danielle Duncan

Contaminant Information

Name Level Description Media Comments
DRO > Human Health/Ingestion/Inhalation Soil DRO has been detected above ingestion cleanup levels in surface soil at the site

Control Type

Type Details
Notice of Environmental Contamination (Deed Notice) Further site investigation into the extent of soil, groundwater and surface water contamination and periodic monitoring are necessary to determine if conditions on the property warrant additional remediation.

Requirements

Description Details
Advance approval required to transport soil or groundwater off-site. The property located at: 1106 2nd Street, Douglas Alaska, 99829, and more particularly described as follows: Lot 2 Block 15 Douglas Townsite, has been subject to a discharge or release and subsequent cleanup of oil or other hazardous substances, regulated under 18 AAC 75, Article 3, revised as of April 8, 2012.

Missing Location Data

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