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Apr 19, 2021, 2:01 am

MOSS-AMERICAN CO., INC. (KERR-MCGEE OIL CO.) CERCLIS Site

EPA Identifier: 110009319674
CERCLIS ID: 110009319674
Location:
43.1772, -88.0417

Address:
8716 N GRANVILLE ROAD
MILWAUKEE, WI

Create Date: 01-MAR-00
Update Date: 07-FEB-13
Final Date: 19840921


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Programs: {CERCLIS,ICIS}
Program Interests:
FORMAL ENFORCEMENT ACTION, SUPER

Site Summary:
Federal Register Notice:  September 21, 1984

Conditions at listing (September 1983): From 1946 until 1976, Moss-American Co., Inc., a division of Kerr-McGee Oil Co., treated railroad ties, telephone poles, and building materials with preservatives such as creosote on a 90-acre site in Milwaukee, Wisconsin. Creosote-soaked logs were stored and coated at several areas in the plant. As a result, creosote and other coal tar distillates contaminated the site. The old factory buildings were demolished in 1978, and creosote sludge and the most contaminated soils were excavated and sent to a disposal site in Illinois. Creosote-like compounds from past operations, however, continue to contaminate surface soil, ground water, and river sediments near the site, according to analyses conducted by EPA.

The site, a portion of which is owned by the Milwaukee County Parks Commission, is adjacent to the Little Menomonee River.

Status (June 1984): EPA is considering various alternatives for the site.

Institutional Controls:
Media Where IC Applies
(Multiple entries where more than one pathway is impacted)
Restriction Type Instrument
expand Soil
Limit Future Land Use
Deed Notice - Page 1. NOW THEREFORE, the owner hereby declares that all of the property described above is held and shall be held, conveyed or encumbered, leased, rented, used, occupied and improved subject to the following limitaton and restrictions: The property described above may not be used or developed for any use other than recreational use, unless (at the time that a non-recreational use is proposed) an investigation is conducted to determine the degree and extent of any remaining polycyclic aromatic hydrocarbon (PAH) contamination and benzene, toluene, ethylbenzene or xylene (BTEX) contamination and remedial action is taken as necessary to meet all recreational soil cleanup standards that are determined to be applicable at that time.
 
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Document Issuance, Implementation  June 14, 2000  [5 pages, 155.6Kb   ]
 
Soil
Limit Future Land Use
Deed Notice Page 1. NOW THEREFORE, the owner hearby declares that all of the property described above is held and shall be held, conveyed or encumbered, leased, rented, used, occupied and improved subject to the following limitation and restrictions: The property described above may not be used or developed for a residential, commercial, recreational, agricultural or other non-industrial use, unless (at the time that the non-industrial use is proposed) an investigation is conducted to determine the degree and extent of any remaining polycyclic aromatic hydrocarbon (PAH)contamination and benzene, toluene, ethylbenzene or xylene (BTEX) contamination and remedial action is taken as necessary to meet all non-industrial soil cleanup standards that are applicable at that time.
 
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Document Issuance, Implementation  June 30, 2000  [5 pages, 159.9Kb   ]
 
Soil
Limit Future Land Use
Deed Notice Page 1. NOW THEREFOR, the owner hereby declares that all of the property described above is held and shall be held, conveyed or encumbered, leased, rented, used, occupied and improved subject to the following limitation and restrictions: The property descrobed above may not be used or developed for a residential, commerical, recreational, or other non-industrial use, without prior approval of the U.S. Environmental Protection Agency and the Wisconsin Department of Natural Resources or unless (at the time that the non-industrial use is proposed) an investigation is conducted to determine the degree and extent of any remaining polycyclic aromatic hydrocarbon (PAH)contamination and benzene, toluene, ethylbenzene or xylene (BTEX) contamination and remedial action is taken as necessary to meet all non-industrial soil cleanup standards that are applicable at that time.
 
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Document Issuance, Implementation  June 30, 2000  [5 pages, 198.6Kb   ]
 
Soil
Limit Future Land Use
Page 2. NOW, THEREFORE, by this instrument there are created, declared and established for the property the following restrictive covenants and requirements, which restrictive covenants and requirements shall, unless limited by or amended pursuant to the terms of this instrument: run with the land and remain in full force and effect in perpetuity from the date hereof, irrespective of any sale, conveyance, alienation or other transfer of any interest or estate in such lands. I. RESTRICTIONS APPLICABLE TO ENTIRE PROPERTY The following restrictions shall apply to the entirety of the Moss-American Superfund Site, including but not limited to the property described in Exhibit A, as discussed in this Section and in Section II below: 1. There shall be no use of property at the facility within the area of extent of contamination and all suitable areas in very close proximity to the contamination necessary for the implementation of the response action that interferes with any aspect of the Work performed or to be performed under the ROD, Consent Decree and/or SOW for the Moss-American Superfund Site, or any activity which may damage any remedial action component contracted or installed pursuant to the ROD, Consent Decree or SOW or otherwise impair the effectiveness of any work to be performed pursuant to the ROD, Consent Decree or SOW. 2. There shall be no installation, construction, or removal of any buildings, wells, pipes, roads, ditches or any other structures on property at the facility within the areal of extent of contamination and all suitable areas in very close proximity to the contamination necessary for the implementation of the response action except as approved by the United States Environmental Protection Agency as consistent with the Consent Decree and ROD. 3. Applicable laws and regulations governing wetland and floodplain habitats shall be complied with. Restrictions 1 and 3 shall continue in perpetuity. Except as otherwise specified in Section II below. Restriction No. 2 will remain in full force and effect until U.S. EPA issues a Certification of Completion of Remedial Action under the Consent Decree; but will not remain in force for groundwater monitoring under Paragraphs 12.b.ii.(B) and (C) of the Consent Decree. II. RESTRICTIONS APPLICABLE TO CERTAIN AREAS AT THE SITE In addition to the restrictions specified in Section I above, the following restrictionsshall apply to the Former Wood Preserving Plant property at the Moss-American Superfund Site, a legal description of which is attached as Exhibit B; those portions of the Moss-American Superfund Site containing trenches, collection basins or treatment systems required for the remedial action installed pursuant to Section II.B.5. of the SOW or pursuant to the treatment system defined in Section II.B.7. of the SOW; and those portions of the Moss-American Superfund Site where the landfill cover will be constructed pursuant to Section II.B.8. of the SOW: 4. There shall be no consumptive or other use of the groundwater underlying the Former Wood Preserving Plant property. 5. There shall be no residential use of the Former Wood Preserving Plant Property. 6. There shall be no use of those portions of the Moss-American Superfund Site containing trenches, collection basins or treatment systems required for the remedial action installed pursuant to Section II.B.5. of the SOW or pursuant to the treatment system defined, in Section II.B.7. of the SOW, or those portions of the Moss-American Superfund Site where the landfill cover will be constructed pursuant to Section II.B.8. of the SOW that would allow the presence of humans on these parcels other than any presence necessary for implementation and maintenance of the remedial action under the ROD and Consent Decree. 7. There shall be no penetration of the cover installed pursuant to Section II.B.8. of the SOW, including but not limited to any excavation, drilling,.mining, piercing, digging or boring. With regard to the Former Wood Preserving plant property at the Moss-American Superfund Site, restrictions 4, 5 and 7 as well as restrictions 1 and 3 shall apply in perpetuity. Restrictions 2 and 6 will remain in full force and effect until U.S. iEPA issues a Certification of Completion of Remedial Action under the Consent Decree; but will not remain in force for groundwater monitoring under Paragraphs 12.b.ii(B) and (C) of the Consent Decree. With regard to portions of the Moss-American Superfund Site containing trenches, collection basins or treatment systems required for the remedial action installed pursuant to Section II.B.5. of the SOW or pursuant to the treatment system defmed in Section II.B.7. of the SOW, restrictions 4, 5 and 7 as well as restrictions 1 and 3 shall apply in perpetuity. Restrictions 2 and 6 will remain in full force and effect unless and until U.S. EPA issues a Certification of Completion of Remedial Action under the Consent Decree; but will not remain in force for groundwater monitoring under Paragraphs 12.b.ii.(B) and (C) of the Consent Decree. With regard to those portions of the Moss-American Superfund Site for which a landfill cover will be constructed pursuant to Section II.B.8. of the SOW, restrictions 4, 5 and 7 as well as restrictions 1 and 3 shall apply in perpetuity. Restrictions 2 and 6 will remain in full force and effect until U.S. EPA issues a Certification of Completion of Remedial Action under the Consent Decree; but will not remain in force for groundwater monitoring under Paragraphs 12.b.ii.(B) and (C) of the Consent Decree.
 
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Document Issuance, Implementation  June 30, 2000  [16 pages, 672.4Kb   ]