Plow depth and EPA

[oldnslo]

Pherron,
Unfortunately over time buried items seem to work their way to the surface. We buried a couple of rock piles 6 - 7 ft deep and approx 7 - 8 years later some of those rocks had worked their way back to the surface. Same reason you have to pick rocks out of a field year after year. Rocks and weeds are the only guaranteed crops no matter what the weather does..

 

[SPYDERLK]

Thanks for your reply. We do have a great lawyer

Do you have a Farm Bureau in NC?

 

[JRoot]

What the EPA is doing has nothing to do with type of plow used or plowing practices, there are many larger issues to be addressed.

Out of curiosity how did the EPA approach your folks regarding this issue? Did you try refusing access at the start?

 

[hunt4570]

YEOWZA.. so sorry to hear about your dilemma.. Seems like something you see on TV, and I think thats exactly what you should do, let someone in the media know, throw a big fuss.. people will come to your rescue I'm sure.

 

[jenkinsph]

Good luck with this endeavor you will need it. Greta Van Susterand (FOX news) would want to hear about this. I am pulling for you, but you need some real help and exposure to deal with the EPA.

Still think this might help.

 

[Sprinklerman]

You may want to look at turning the situation around in your favor , with all the developement in Maryland builders need open space . Basically to get a high density development they have to provide a % of land to offset their developement . It doesnt always need to be at the same place . They pay for this . A civil engineer would have more info .

 

[Oldtink]

I hope the lawyer you have now isn't the same one that did the title search for the property when you bought the farm. The Elkton farm fact sheet claims the current owners, after purchasing it from Triumph Explosives Incorporated in turn leased a portion of the land to Thiokol Corp for rocket motor cleaning and recovery and in the 1980's allowed waste from Galaxy Chemical plant to be stored or disposed of on the farm.
Is any of that true?

 

[Pherron2008]

We saw very small bits and pieces of metal fragments, widely scattered, on occasion. None recognizable.
We had been told that surplus explosive devices were piled in one area, and burned. This area, maybe a quarter of acre, had a number of iron objects. It was called a "firehole", and we were led to believe that all explosives were limited to that area. In fact, it was our first cash crop. When we first moved to the farm in 1948, our Mother, my brother and I (ages 5 (me) and 7 (brother) used hand trowels to dig up these iron objects and put them in boxes. Periodically, Dad would take a load to a scrap iron dealer in Baltimore, 45 miles away.
This went well for some time, until the 2nd time one of these "objects" exploded while the dealer was melting them down. Years later we learned that these iron objects were fuses.
About 11 years ago, we learned from the EPA that there were munitions buried in trenches dug in the fields covering over 40 acres. They said that with our consent, they would clear the farm of all buried explosives AT SUPERFUND EXPENSE. And they did. nearing completion of the clearing operation, they faxed us a letter - just after 5 pm on a Friday advising us of a Federal law called CERCLA, which states that when a contaminated area is cleaned up by the Superfund, then the EPA has the responsibility to seek reimbursement from PRP's, or, Potentially responsible Parties. Definition of a PRP? Includes the owner of the land EVEN THOUGH they didn't participate in the contamination, and even if they didn't know the land was contaminated when it was purchased. Which we didn't. They sent this notice just after business hours on Friday, so when my brother called our contact in EPA back, there was no answer. They had left the office for the weekend. I could go on and on..... This has been hanging over our heads now for over 9 years. It's killing us. They could take everything. Ironically, the EPA is now handling this through (of all things), the "Justice" Department.

 

[Pherron2008]

Our family purchased the farm from an an investment firm: Robinson something. Our parents leased a small ( maybe quarter acre) tract of land to Thiokol Corp for rocket motor testing. Thiokol was located adjacent to the farm, with a creek as the boundary. Once the EPA got involved, Thiokol removed all traces of their operation.

Regarding the Galaxy chemicals, our Dad was asked by the owner of Galaxy, a paint manufacturer, to haul some drums to Baltimore for disposal. When Dad got to Baltimore, the disposal company wouldn't accept the drums. Dad brought them back to Galaxy - who wouldn't take them back either. So, not knowing what else to do, Dad stored them inside a barn, on blocks (I guess Dad didn't know that the approved method of disposal was to bury the material in trenches like the Feds did). When EPA representatives came by the house for another purpose ( I think to ask directions), my parents told them about the drums and asked EPA if they could help dispose of them. The EPA agreed to handle the disposal, and did. No mention was ever made about the family being charged for the disposal until years after the fact, when the EPA hit us with the cost of the buried munitions AND the disposal of the drums. Hope that answers your questions.
Their method of operation was to agree to handle the disposal using Federal dollars, aka Superfund, etc. and then at the end of the cleanup, or years later in the case of the drums, notify us that they were charging us for a substantial amount of the cost.

I hope the lawyer you have now isn't the same one that did the title search for the property when you bought the farm. The Elkton farm fact sheet claims the current owners, after purchasing it from Triumph Explosives Incorporated in turn leased a portion of the land to Thiokol Corp for rocket motor cleaning and recovery and in the 1980's allowed waste from Galaxy Chemical plant to be stored or disposed of on the farm.
Is any of that true?

 

[Pherron2008]

They have been deceitful since the beginning. They approached us by telling us that they had come across an old report that indicated that there was a large number of high explosives buried on the land that we purchased. They said that evidently the report had been forgotten about over time, which is pretty amazing since we bought the farm in 1948.
They were very friendly, and asked our permission to do some exploration, even asking us if there were areas where nothing would grow. It was like a joint project. They assured us that whatever they found would be removed using Superfund funds. They were friendly. They were "chatty". We were on a first name basis. We were doing everything short of exchanging recipes.

After they got past the exploration phase and well into the removal stage, all with the understanding that the cleanup would be paid for by the "Superfund", we found out what kind of people we were really dealing with. My brother was their contact point. Shortly after 5 p.m. one Friday afternoon, the EPA faxed him a letter advising us that as owners of the property, we were responsible for a portion of the cost of the cleanup.

 

[Pherron2008]

They have been deceitful since the beginning. They approached us by telling us that they had come across an old report that indicated that there was a large number of high explosives buried on the land that we purchased. They said that evidently the report had been forgotten about over time, which is pretty amazing since we bought the farm in 1948.
They were very friendly, and asked our permission to do some exploration, even asking us if there were areas where nothing would grow. It was like a joint project. They assured us that whatever they found would be removed using Superfund funds. They were friendly. They were "chatty". We were on a first name basis. We were doing everything short of exchanging recipes.

After they got past the exploration phase and well into the removal stage, all with the understanding that the cleanup would be paid for by the "Superfund", we found out what kind of people we were really dealing with. My brother was their contact point. Shortly after 5 p.m. one Friday afternoon, the EPA faxed him a letter advising us that as owners of the property, we were responsible for a portion of the cost of the cleanup.

 

[oldpilgrim]

Did they start out, "We're from the government and we're here to help." ?