Cleanup Settlement Will Eliminate Toxaphene Contamination at a Former Pesticide Facility in Georgia
On November 27, 2019, the court approved a remedial design/remedial action (RD/RA) consent decree between the U.S. Environmental Protection Agency (EPA) and Hercules, LLC to address cleanup for operable unit 1 (OU1) of the Terry Creek Dredge Spoil Areas/Hercules Outfall Superfund site in Brunswick, Georgia. The agreement, valued at more than $4.4 million, requires the cleanup of toxaphene at a former pesticide facility, reimburses the Agency for past and future costs, and fosters community engagement activities to help the community better understand the Superfund risk assessment process and cleanup work.
The Georgia Department of Natural Resources has implemented fish consumption guidelines for Dupree and Terry Creeks related to toxaphene contamination. The cleanup work at OU 1 should reduce the potential risks associated with fish and seafood consumption by recreationalists, including those who may live in potential environmental justice nearby areas.
On this page:
- Information about Hercules, LLC
- Information about the Terry Creek Dredge Spoil Areas/Hercules Outfall Superfund Site
- Overview of the Remedial Design/Remedial Action Consent Decree
- Contact Information
Information about Hercules, LLC
Hercules, LLC (Hercules), formerly Hercules Incorporated, is located in Wilmington, Delaware and manufactures specialty chemicals. From 1948 to 1980, the chemical plant, which Hercules owned and operated, produced toxaphene and discharged contaminated wastewater through an outfall ditch into Dupree Creek, which flows into Terry Creek. Hercules continues to own the outfall ditch which comprises OU1, though it sold the chemical plant in 2010 to Pinova, Inc.
Information about the Terry Creek Dredge Spoil Areas/Hercules Outfall Superfund Site
The Terry Creek Dredge Spoil Areas/Hercules Outfall Superfund site, located in Brunswick, Georgia, contains three operable units totaling approximately 216 acres and is located near a residential neighborhood. The site is contaminated with toxaphene from Hercules’ prior pesticide facility operations. The site also includes nearby areas used to store sediments dredged from Dupree Creek and Terry Creek. The EPA proposed the site to the National Priorities List (NPL) in 1997, but never finalized the listing. Instead, EPA is using the Superfund Alternative Approach (SAA) in working with responsible parties to reach agreement on cleanup work at the site. The SAA uses the same process and standards for investigation, cleanup, and community involvement as sites on the NPL.
More information on the site is available from the Agency’s Terry Creek Dredge Spoil Areas/Hercules Outfall Superfund site profile webpage.
Overview of the OU1 Remedial Design/Remedial Action Consent Decree
The RD/RA consent decree, approved by the United States District Court for the Southern District of Georgia, requires Hercules to perform the following:
- Reroute an existing stormwater conveyance ditch into a newly constructed concrete-lined ditch,
- Backfill the outfall ditch with compacted clean soil,
- Armor the backfill slope,
- Develop and implement a long-term monitoring plan to ensure effectiveness of the interim remedy, and
- Implement institutional controls to prevent disturbance of the soil cover.
Hercules must also support community involvement activities; provide liquid financial assurance in the amount of $4,488,450; reimburse the EPA for site past response costs of $153,009; and reimburse the EPA for all future OU1 oversight costs.
Contact Information
For more information contact:
Tanya Floyd
Attorney Advisor
U.S. Environmental Protection Agency
Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303
floyd.tanya@epa.gov
Clarence Featherson
Attorney Advisor
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
featherson.clarence@epa.gov