EIGHTEENMILE CREEK REMEDIAL ACTION PLAN STAGE II - UPDATE NIAGARA COUNTY SOIL AND WATER CONSERVATION DISTRICT DECEMBER 2011 FINAL DRAFT FUNDING PROVIDED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY EIGHTEENMILE CREEK REMEDIAL ACTION PLAN STAGE II - UPDATE DECEMBER 2011 FINAL DRAFT NIAGARA COUNTY SOIL AND WATER CONSERVATION DISTRICT The Eighteenmile Creek Remedial Action Plan, Stage II Update, was prepared by Niagara County Soil & Water Conservation District in cooperation with the Eighteenmile Creek Remedial Advisory Committee and New York State Department of Environmental Conservation. Members of the Eighteenmile Creek Remedial Advisory Committee (RAC) Victor DiGiacomo – Chairman Pam Cook Ronald Gwozdek Timothy Horanburg Roy Knapp Paul Lehman Paula Sattelberg Mark Seider Gregory Tessmann Past/Retired RAC Members Matthew Barmasse Theodore Belling Barry Butski Michael Diel Joanne Ellsworth Walter Hartman James Johnson Rick Krueger Richard Robinson Cynthia Tudor-Schultz Floyd Snyder Joseph Worobey TABLE OF CONTENTS Chapter Page 1 Stage II Introduction 1 Introduction 2 1.1 Area of Concern Characteristics 3 1.1.1 Area of Concern Background 3 1.1.2 Watershed 6 1.2 Beneficial Use Impairments 13 1.2.1 Restrictions in Fish & Wildlife Consumption 14 1.2.2 Degradation of Benthos 16 1.2.3 Restrictions on Dredging 17 1.2.4 Degradation of Fish and Wildlife Populations 18 1.2.5 Bird or Animal Deformities or Reproductive Problems 20 1.3 Beneficial Use Impairment Delisting Criteria 21 1.4 Pollutant Causes & Sources 23 2. Completed and Ongoing Remedial Measures 29 Introduction 30 2.1 Peripheral Remedial Measures 31 2.1.1 Polychlorinated biphenyl (PCB) Production Ban 31 2.1.2 DDT Production and Usage Ban 34 2.1.3 Lake Ontario Lakewide Management Plan 36 2.1.4 Fish Health Monitoring and Advisories 38 2.1.5 Annual Fish Stocking and Pen Rearing 39 2.1.6 Development of Fish Consumption Information Pamphlet 40 2.2 Direct Remedial Measures 41 2.2.1 Inactive Hazardous Waste Disposal Site Remediation 41 2.2.1.1 Akzo Chemical Plant Site 45 2.2.1.2 Guterl Steel Landfill Site 45 2.2.1.3 Guterl Steel Plant Site 46 2.2.1.4 Delphi Harrison TCE Site 48 2.2.1.5 Eighteenmile Creek Corridor Site 49 2.2.1.6 Old Upper Mountain Road Site 53 2.2.2 Sediment Contamination and Bioavailability Source Characterization 54 2.2.2.1 Area of Concern Surface Sediment Investigation 55 2.2.2.2 PCB Source Track-down Project 58 2.2.2.3 Great Lakes Legacy Act Sediment Characterization 58 2.2.2.4 Sediment Thickness Survey and Bankfull Delineation 63 2.2.2.5 Trophic Trace Food Web Model 63 2.2.3 Point Source Discharge Regulation and Monitoring 66 2.2.4 Non-Point Source Control Programs 68 2.2.5 Pretreatment of Industrial Discharges to Eighteenmile Creek 70 2.2.6 Combined Sewer Overflow Assessment and Abatement 72 2.2.6.1 PCB Sampling in Lockport Sewer System 73 2.2.6.2 Combined Sewer Overflow Abatement 74 Page 2.2.7 Stream Water Quality Monitoring 75 2.2.8 Agricultural Planning/Best Management Practice Construction 79 2.2.9 Erosion and Sediment Control 82 3 Possible Alternative/Additional Remedial Measures 85 Introduction 86 3.1 USGS Gage Station 87 3.2 Inactive Hazardous Waste Site Remediation: Eighteenmile Creek Corridor (Site 932121) and Former Flintkote Plant (Site B-00161-9) 88 3.3 Inactive Hazardous Waste Site Remediation: Upper Mountain Road—Site #932112 92 3.4 Sediment Remediation Feasibility Study (FS) and Remedial Design (RD) 94 3.5 Remediation of In-Stream Contaminated Sediments 97 3.6 Use of the Trophic Trace Model to Establish Site-specific Sediment Remedial Goals for PCBs 98 3.7 Pilot Study on Treatment of Contaminated Sediments with Powdered Activated Carbon to Reduce PCB Bioavailability 100 3.8 Mink Survey and Exposure Assessment for Eighteenmile Creek AOC and Watershed 101 3.9 Baseline Sampling and Long-term, Post-remediation Monitoring of Fish from Different Trophic Levels 103 3.10 Baseline Sampling and Long-term, Post-remediation Monitoring of the AOC Benthic Community 105 4 Selected Remedial Measures 107 Introduction 108 4.1 Restrictions on Fish and Wildlife Consumption 110 4.2 Degradation of Fish & Wildlife Populations 112 4.2.1 Criterion 1: Wildlife Diversity, Abundance, and Condition in the AOC are Similar to Non-AOC Control Sites 112 4.2.2 Criterion 2: PCBs in Bottom-Dwelling Fish Do Not Exceed Critical Tissue Concentrations for Effects on Fish 113 4.3 Bird or Animal Deformities or Reproductive Problems 114 4.3.1 Criterion 1: No Reports of Deformities or Reproductive Problems above Expected Background Levels 114 4.3.2 Criterion 2: Bioaccumulative Chemicals in Bottom-Dwelling Fish Do Not Exceed Levels Established to Protect Fish-Eating Wildlife 114 4.3.3 Criterion 3: Bio-accumulative Chemicals in Sediment Do Not Exceed NYSDEC Criteria for Adverse Effects on Wildlife 115 4.4 Degradation of Benthos 117 4.5 Restrictions on Dredging Activities 119 5 Summary of Proposed Actions and Overall Delisting Strategy 122 6 References 127 Appendix Page A Data Summaries from the GLLA Sediment Characterization Study at Eighteenmile Creek A-1 B Cost Estimates B-1 C Timeline of Significant Investigations and Events C-1 D Results of Eighteenmile Creek BUI Investigation ______________________________D-1 List of Tables Table 1-1 Beneficial Use Impairment Stat us for the Eighteenmile Creek AOC 14 1-2 PCB Concentrations in Eighteenmile Creek Fish 15 1-3 Beneficial Use Impairment Delisting Criteria 22 1-4 Inactive Hazardous Waste Site Progress Chart 24 2-1 Eighteenmile Creek Fish Stocking Effort 40 2-2 Site Codes for Hazardous Waste Sites 42 2-3 Facilities Permitted to Discharge to Eighteenmile Creek 67 2-4 City of Lockport Combined Sewer Outfalls 73 2-5 Eighteenmile Creek AEM Resource Concerns 80 4-1 Summary of Cost Estimates for Recommended Actions in the Eighteenmile Creek AOC and Watershed 109 5-1 Summary of Relationships between Proposed Actions and BUIs for Eighteenmile Creek 125 5-2 Action Implementation Strategy for the Eighteenmile Creek AOC 126 List of Figures Figure 1-1 Eighteenmile Creek Area of Concern 5 1-2 Eighteenmile Creek Watershed 8 1-3 Eighteenmile Creek Watershed Landuse 9 2-1 Inactive Hazardous Waste Site Locations 44 2-2 2004 USACE Assessment – AOC Sediment Sampling Sites & Reaches 57 2-3 Eighteenmile Creek AOC & Investigation Areas 62 CHAPTER 1 STAGE II INTRODUCTION Page | 1 CHAPTER 1: Stage II Introduction Introduction The International Joint Commission (IJC) has identified 43 Areas of Concern (AOC) in the Great Lakes drainage basin where pollutants are impairing beneficial uses of a waterbody. Eighteenmile Creek is one of these AOCs because: 1) past municipal and industrial discharges have contaminated the creek and its bottom sediment; 2) the disposal of waste and; 3) the use of pesticides. Under the 1987 Amendments to the United States – Canada Great Lakes Water Quality Agreement (GLWQA), Remedial Action Plans (RAPS) are to be developed by the States and Province of Ontario for the AOCs under their jurisdiction. The plans are to serve as an important step toward restoring and maintaining the chemical, physical, and biological integrity of the AOC and the entire Great Lakes Basin Ecosystem. They are to define environmental problems in the AOC, identify remedial measures needed to restore beneficial uses, and identify a monitoring process needed to track remediation progress. The RAP is to be submitted to the IJC in three stages: 1) When the problem has been defined; 2) When remedial measures are selected and; 3) When monitoring indicates beneficial uses have been restored At the inception of the AOC program, the New York State Department of Environmental Conservation (NYSDEC) was the lead agency for the Eighteenmile Creek RAP. NYSDEC’s Division of Water, in concert with other NYSDEC Divisions, was responsible for the development of a combined Stage I/II RAP document which was completed in August 1997. The Stage I/II RAP provided an impressive array of water quality monitoring and sediment sampling data that document contaminant levels resulting in beneficial use impairments. The document confirmed the restrictions on fish and wildlife consumption, degradation of benthos, and restrictions on dredging activities use impairments. Bird or animal deformities or reproductive problems was judged as a likely impairment and the status of degradation of fish and wildlife populations, fish tumors and other deformities, and degradation of phytoplankton and zooplankton populations were classified as unknown. Given the existing data gaps at the time, the document also lacked a number of crucial components required to be considered a complete Stage II RAP: an evaluation of in-place remedial measures; an evaluation of alternative additional measures and; selection of additional remedial measures required to restore beneficial uses. This Stage II RAP Update serves to satisfy the completion of these missing plan components. As of January 1, 2005, the Niagara County Soil & Water Conservation District (NCSWCD) has assumed the role of coordinator for Eighteenmile Creek’s RAP. NCSWCD also assists the Eighteenmile Creek Remedial Advisory Committee (RAC) by facilitating their quarterly meetings and providing staff support towards the implementation of the creek’s RAP. The Eighteenmile Creek RAC is a group of local officials, landowners, and stakeholders selected by the commissioner of the NYSDEC to provide a balanced representation of various segments of the community along the creek. Initially, the RAC worked cooperatively with the NYSDEC to organize, develop and review the RAP and create public awareness and support for Eighteenmile Creek. Additionally, it is the responsibility of the RAC to:  Advise in identifying and updating priorities for RAP implementation activities; Page | 2  Advise in the preparation and approval of RAP documents;  Assist in building a stakeholder base for implementation of RAP recommendations;  Review and comment on current environmental initiatives and issues affecting the RAP;  Assist in developing and seeking funding for a list of activities requiring funding; and  Assist with social and economic impacts of RAP implementation. The RAC was instrumental in the development of the original RAP, the Stage II Update and the implementation of various public outreach activities over the years. These activities have maintained the continued involvement and interest of the organizations represented on the RAC and built general interest and support for the RAP in the overall community. NCSWCD, as the lead agency, intends to use this RAP as a management document to guide and coordinate remedial actions for Eighteenmile Creek initiated by various agencies to create and improved federal, state, and local partnership in addressing the goals of the plan. A timeline of significant investigations and events can be found in Appendix C of this document. 1.1 AREA OF CONCERN CHARACTERISTICS 1.1.1 Area of Concern Background The Eighteenmile Creek AOC is located in Niagara County, New York (see Figure1-1). The creek flows generally north through central Niagara County and discharges via Olcott Harbor into Lake Ontario, approximately 18 miles east of the mouth of the Niagara River. The AOC includes Olcott Harbor and extends upstream to the farthest point at which backwater conditions exist during Lake Ontario’s highest monthly average lake level. This point is located just downstream of Burt Dam, approximately 2 miles south of Olcott Harbor. This portion of the watershed is a unique gorge habitat that attracts recreational boaters, anglers, birders, and waterfowl hunters. Eighteenmile Creek was designated as an AOC because of water quality and bottom sediment issues associated with past industrial and municipal discharge practices, the disposal of waste and the use of pesticides. Over the years, numerous contaminants have been identified in creek sediments which have a detrimental effect to the AOC and Lake Ontario. These contaminants include but are not limited to; Polychlorinated Biphenyls (PCBs); Mercury; Dioxins and Furans; Dieldrin; Mirex; DDT; Lead; and Copper. Sediments contaminated with these substances have contributed to restrictions on fish and wildlife consumption, degradation of benthic organisms, and restrictions on dredging activities in the AOC. It is also suspected that these contaminated sediments contribute to a degradation of fish and wildlife populations, the presence of fish tumors, and the prevalence of bird and animal deformities or reproductive problems. Only a small portion of the Eighteenmile Creek basin was originally designated an AOC by the IJC. However, for two reasons, since the Eighteenmile Creek RAP process began, the AOC has been considered the impact area and the upper watershed as the source area (NYSDEC 1997). First, except for potential impacts from agricultural operations adjacent to the current AOC boundary, there are no documented sources or source areas of contamination within the AOC. Second, various investigations conducted over the past 35 years have suggested that contaminants may be entering the AOC from upstream areas. Specifically, PCBs, copper, lead, and other metals have been found in creek sediment Page | 3