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Jan 27, 2022, 10:32 am

Pfohl Brothers Landfill Superfund National Priorities List (NPL) Site

EPA Identifier: NYD980507495
CERCLIS ID: NYD980507495
Location:
42.943889, -78.7025

Address:
AERO DR
Cheektowaga, NY

Final Date: 20080922


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Programs: {CERCLIS,RCRAINF
Program Interests:
SUPERFUND NPL, UNSPECIFIED UNIVE

Site Summary:
Federal Register Notice:  December 16, 1994

Conditions at Proposal (May 10, 1993): Pfohl Brothers Landfill, a privately owned and operated landfill, deposited municipal and industrial wastes between 1932 and 1971 at a 166.5-acre property in Cheektowaga, Erie County, New York. The northern section of the landfill has been graded and is now occupied by a trucking firm. The area is residential and commercial. Buffalo International Airport is approximately 0.5 mile west of the site.

Chemical wastes in liquid, solid, and sludge form were either buried at the site in drums or placed into cells excavated in the ground. The wastes deposited included cyanides and plating sludge, waste paint and paint sludge, lithographic inks, pigments, organic solvents, liquid and solid PCB-contaminated wastes, sludge from distillation processes, petroleum wastes, and 100 to 125 tons of phenol tar containing chlorinated benzenes and dioxins.

Since 1980, the Erie County Health Department, EPA, the New York State Department of Environmental Conservation (NYSDEC), and the owner have investigated the site. A remedial investigation was conducted in 1988-89 by NYSDEC.

The investigations indicated that surface water both on and off the site is contaminated by organic chemicals, including benzene, phenol, chlorobenzene, and dichlorobenzene. Nearby surface water consists of Ellicott Creek, an adjacent ditch that leads into the creek, and Aero Lake, which lies just north of the ditch. The lake and creek are used for recreational fishing. A wetland formerly existed in what is now the central section of the property. Other wetlands border the creek and ditch.

On-site and off-site soil is contaminated with PCBs, barium, manganese, and mercury, according to the remedial investigation. Most of the site is fenced, but drainage ditches contaminated with leachate from the landfill lie outside the fencing and are accessible to the public. Ten homes are within 200 feet of an area of contaminated soil.

Status (December 1994): Currently, the potentially responsible parties (PRPs) are preparing the design for the landfill cap, even though a Consent Order has not been officially signed with DEC. EPA will be reviewing all design documents. Additionally, the Agency for Toxic Substances and Disease Registry (ATSDR) has announced that it will be collecting attic dust samples from homes adjacent to the landfill, as well as some further away to be used for control purposes. ATSDR is currently preparing the sampling protocol, which will be reviewed by EPA and DEC. The sampling is expected to take place in early 1995.

Institutional Controls:
Media Where IC Applies
(Multiple entries where more than one pathway is impacted)
Restriction Type Instrument
expand Soil
Prohibit Any Activity that May Disturb the Integrity of an Engineering Control
A restriction was placed on seven properties to protect the cap and limit future uses of the properties. The restriction included: Capped Area. In addition to the restrictions listed in Paragraph 2.A, that part of the Premises located within the areas designated as "Capped Area" on the Map (the "Capped Area") shall also be subject to the following restrictions. (1.) Access and Use. There shall be no access to or use of the Capped Areas, absent prior written consent of the Department. There shall be erected and maintained a security fence enclosing the Capped Area and the placement of appropriate signs, determined from time to time by the Department, as being necessary. (2.) Development. There shall be no development of the Capped Area that requires or causes disturbance of the cap system, including, but not limited to, the placement or construction of any building, underground utility, or structure. (3.) Excavation. There shall be no excavation, removal, disturbance, or digging of any soil, except as may be approved by the Department in writing. (4.) Tree Planting. The planting of trees and shrubs, which may potentially breach the cap, is prohibited.
 
The link to this document is currently unavailable. Please contact the regional contacts listed for more information.
Document Issuance, Implementation  April 28, 2003 
 
Soil
Limit Future Land Use
A restriction was placed on seven properties to protect the cap and limit future uses of the properties. The restriction included: C. Cleared Portion of Site Inside Groundwater Collection Area. In addition to the restrictions listed in Paragraph 2.A, that part of the Premises located within the area designated as the "Cleared Portion of Site Inside Groundwater Collection Area" on the Map (the "Cleared Portion of Site Inside Groundwater Collection Area"), shall also be subject to the following restrictions. (1.) Development. That part of the Premises located in the Cleared Portion of Site Inside Groundwater Collection Area may be used for industrial and commercial use only, provided the prior written consent for any such use is given by the Department. Specifically prohibited are: (a) the use of any structure for residential dwellings, schools and childcare facilities; (b) basements and underground usable space; and (c) foundations requiring passive or active systems for waterproofing. Furthermore, any development of any part of the Premises located in the Groundwater Collection Area shall be subject to the following restrictions: (a) all structures must have active or passive controls designed to minimize the potential migration of gases and vapors from the subsurface to occupied portions of structures (e.g. vapor barriers, gas venting systems); (b) all surface water must be directly and efficiently collected to systems that convey such water out of the Site groundwater collection area (i.e., beyond the groundwater collection system lines); (c) exposed areas must be graded for positive drainage and vegetated with species selected to minimize potential infiltration; (d) all parking and staging areas must be paved(1.) d (gravel parking or staging areas being prohibited); and (e) all paved areas must be designed with surface water collection and pavement cross-sections that minimize potential infiltration. (2.) Excavation. There shall be no excavation, removal, disturbance, or digging of any soil within 15 feet of the groundwater collection system lines as shown on the Map. D. Cleared Portion of Site Outside Groundwater Collection Area. In addition to the restrictions listed in Paragraph 2.A, that part of the Premises located within the area designated as the "Cleared Portion of Site Outside Groundwater Collection Area" on Map (the "Cleared Portion of Site Outside Groundwater Collection Area) shall also be subject to the following restrictions. (1.) Development. That part of the Premises located within the Cleared Portion of Site Outside Groundwater Collection Area may be used for industrial and commercial use only, provided the prior written consent for any such use is given by the Department. Specifically prohibited are: (a) the use of any structure for residential dwellings, schools and child care facilities; (b) basements and underground usable space; and (c) foundations requiring passive or active systems for waterproofing. (2.) Excavation. There shall be no excavation, removal, disturbance, or digging of any soil within 15 feet from the groundwater collection system lines as shown on the Map. (1.) d (gravel parking or staging areas being prohibited); and (e) all paved areas must be designed with surface water collection and pavement cross-sections that minimize potential infiltration. (2.) Excavation. There shall be no excavation, removal, disturbance, or digging of any soil within 15 feet of the groundwater collection system lines as shown on the Map. D. Cleared Portion of Site Outside Groundwater Collection Area. In addition to the restrictions listed in Paragraph 2.A, that part of the Premises located within the area designated as the "Cleared Portion of Site Outside Groundwater Collection Area" on Map (the "Cleared Portion of Site Outside Groundwater Collection Area) shall also be subject to the following restrictions. (1.) Development. That part of the Premises located within the Cleared Portion of Site Outside Groundwater Collection Area may be used for industrial and commercial use only, provided the prior written consent for any such use is given by the Department. Specifically prohibited are: (a) the use of any structure for residential dwellings, schools and child care facilities; (b) basements and underground usable space; and (c) foundations requiring passive or active systems for waterproofing. (2.) Excavation. There shall be no excavation, removal, disturbance, or digging of any soil within 15 feet from the groundwater collection system lines as shown on the Map.
 
The link to this document is currently unavailable. Please contact the regional contacts listed for more information.
Document Issuance, Implementation  April 28, 2003 
 
Ground Water
Prohibit Ground Water Well Installation/Construction
A restriction on the use of groundwater was placed on seven properties which included: (p.2-4) 2. Access, Use, and Development Restrictions. A. Of Premises. Any future use of the Premises shall be subject to the following restrictions. (1.) Extraction of Groundwater. Until and unless the Department determines that groundwater meets applicable quality criteria, no groundwater wells or other structures shall be installed on the Premises for the purpose of extracting groundwater for any potential use, other than for the purpose of implementing, monitoring, and maintaining the remedial action. This prohibition includes any dewatering required for the construction or maintenance of a building or other structure at the Premises. Any dewatering required for the installation of a public utility by the associated authorities or for the repair, reconstruction, or expansion of public roads or highways located within the area covered by the prohibition shall be subject to advance written approval by the Department and, if approved, shall be excluded from this prohibition. (2.) Collection and Use of Surface Water. No surface water cisterns or other surface water collection devices or structures shall be constructed or installed at the Premises, including surface water retention ponds or catchments, unless such surface water retention ponds or catchments are lined with an impermeable membrane and otherwise designed and constructed to minimize infiltration, and only then subject to the written approval of the Department.
 
The link to this document is currently unavailable. Please contact the regional contacts listed for more information.
Document Issuance, Implementation  April 28, 2003