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Madison-Kipp Corp.

Madison-Kipp Corp. is a century-old aluminum and zinc die cast factory located in the Atwood neighborhood of Madison, Wisc. The factory is adjacent to homes, a community center, food gardens and 200 feet from an elementary school. With abutting property lines, many houses are within 50 feet of the actual factory. Pollutants include PCBs, dioxins, PCE, TCE, vinyl chloride, heavy metals along with many greenhouse gases. Dr. Lorne G. Everett, an international hydrogeology expert who has investigated hundreds of contaminated sites worldwide, calls Kipp “one of the most contaminated sites that I’ve ever worked with.”

“Sound-blocking fence” at Kipp still does not block sound!

“Sound-blocking fence” at Kipp still does not block sound!

A year later, it remains a puzzle how this piddly wooden fence is considered a “sound-blocking” fence by the City of Madison when it obviously just does not block sound! See our previous story. The City of Madison gave Madison-Kipp Corp. $55,000 worth of rent credit to erect this fence to reduce noise that neighbors hear. That’s right, the City owns some of the land at the Kipp factory and yes, they gave them rent credit–the equivalent of giving them free rent– for a useless, non-sound blocking fence.

Click here to see how well the fence blocks Kipp’s factory noise from a backyard on S. Marquette St.

 

Kipp Sound blocking fence - where it was supposed to go

 

 

 

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PCB Excavation Along Bike Path next to Madison Kipp–Enjoy Photos!

PCB Excavation Along Bike Path next to Madison Kipp–Enjoy Photos!

A previous post shared details about the excavation of soils contaminated with high levels of PCBs, from October 6-9, 2015, along the bike path between Madison Kipp Corporation and the Goodman Center.

Here’s what the excavation looked like…enjoy! (sorry about the strange sizes, we had some formatting problems…)

Excavation begins, October 6, on the east end of the raingarden…

Earth First Advanced Waste drops off a PCB dumpster across from the splash pad…(Yes, Earth First came to Kipp!!) 

The bike path is a busy place! Neighbors sit at the splash pad bench and enjoy the show…

Children pick vegetables near the excavation (red PCB dumpster behind them)…

A neighborhood mom whose children are playing at Goodman tells Earth First Advanced Waste they are “killing the earth” and does a ritual to “take the land back” and “release the bad energy”

A dust monitor is in place (good step in the right direction….but is this monitor to assess dust exposures to the excavation workers? Or people on the bike path? Either way, it seems to be the wrong kind of monitor and in the wrong place….).

Dust barriers put up on 2nd day of excavation (Good, finally!! But won’t some fine dust go up and over them? )

A “Best Waste Solutions” truck behind the excavation spews smoke (oops!)…

Are there really no PCBs on the right side of this fence, next to the bike path?? This area has not been tested. Hmmm…..

Yellow “caution” tape was put up around dust barriers on October 8

The dust monitor concentration on the outside of the excavation dust fence read 19 µg/m3 at 10 am on October 8 (time-weighted average of 12 µg/m3)…

Soils with the highest PCB levels, along about an 80 foot stretch across from splash pad, were excavated right to the edge of the bike path, including the jogging path…

A couple hotspots in the raingarden, excavated on October 6, were re-seeded and covered with hay…

A PCB hotspot in the grassy area along the far eastern end of the bike path was “capped” with a few inches of clean soil (and later fenced off)…

 

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Links between health problems and endocrine-disrupting chemicals now stronger

Links between health problems and endocrine-disrupting chemicals now stronger
[PCBs, known endocrine disruptors, excavated next to Madison-Kipp]

 

By

“The list of health problems that scientists can confidently link to exposure to hormone-disrupting chemicals has grown to include diabetes, cardiovascular disease, and obesity, a new scientific statement suggests. The statement, released today by the Endocrine Society, also adds support to the somewhat controversial idea that even minute doses of these chemicals can interfere with the activity of natural hormones, which play a major role in regulating physiology and behavior.”

See full article from ScienceInsider here.

 

 

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More PCBs on city bike path to be excavated October 6-9; City of Madison says no warning signs needed

More PCBs on city bike path to be excavated October 6-9; City of Madison says no warning signs needed

In June 2015, PCBs (polychlorinated biphenyls) of up to 680 ppm—orders of magnitude above the residential (0.2 ppm) and industrial (0.7 ppm) direct contact standards—were found in soils next to the highly used Capital City bike path and just across from the Goodman Community Center’s new splash pad. The source of the PCBs, which likely have been in soils along the bike path for decades, is Madison Kipp Corporation. Test results are depicted on this map; the full report is here.[1]

These high PCB levels were found much closer to the city bike path and adjacent jogging/walking path than those found in previous sampling in the city raingarden that began in spring 2014 (which uncovered PCB levels up to 550 and 1020 ppm–see here and here)[2] Soils along the bike path also contain other toxic contaminants, including heavy metals, PCE (tetrachloroethylene), PAHs (polycyclic aromatic hydrocarbons) and more.

A large volume of scientific studies shows that long term PCB exposures are associated with neurological, endocrine, immune system, and a variety other health problems. In February 2013, the International Agency for Research on Cancer (IARC) classified PCBs as carcinogenic to humans (Group 1)[IARC, 2013]. More information about the health effects of PCBs is here and here. Also, PCBs are usually contaminated with dioxins and furans, which are even more toxic than PCBs.

The June PCB findings were not shared with the public and, as of Sept. 22, 2015, were not posted on the DNR website.[3] No signs have ever been posted along the bike path about this significant contamination.

Neighborhood residents, frustrated by the refusal of city and state officials to post warning signs along the bike path, posted their own signs in mid-September 2015 (see photo below). The signs were taken down a day after they were posted. Who took them down? Madison Kipp? The city?

These highly contaminated soils will be excavated October 6-9, 2015. Soils with PCBs at such high levels would in most cases be excavated immediately, but city and state officials decided not to excavate while the splash pad was open, because they know excavation will disrupt contaminated soils, releasing PCBs into surrounding air and onto nearby soils and pavement—exposing toddlers and children playing at the splash pad just feet away, with mothers (often holding babies) looking on.[4]

Even though they decided to leave the soils with high PCB levels in place all summer, neither DNR nor City of Madison officials felt that signs alerting people to the high levels of PCBs along the bike path were warranted during this time. They fenced part of the PCB contaminated area off, but left the jogging path open.[5]

City staff said they do not plan to post any signs before or during the upcoming excavation in October, assuring us they will make sure the area is “secure.” How will the area be “secured” to prevent the release of PCB contaminated dusts into surrounding air, soils, and bike path during the three-day (or more) excavation?[6]

The photograph below shows the dust clouds released when soils were excavated for the construction of the Goodman splash pad last summer/fall; soils under the splash pad are known to have high levels of PAHs (polycyclic aromatic hydrocarbons), heavy metals, and numerous other toxic contaminants (likely including PCBs, though they haven’t been tested)–see here. Children were playing beneath this dust cloud when this photo was taken.  Nothing was done to by city or state officials, or Goodman Center leaders, to prevent this.

Though the city plans to communicate about the upcoming excavation with the select group of people on the neighborhood association listserve, most parents of children using the splash pad and bike path, and/or whose children play daily at the Goodman Community Center, including many minority, low-income parents from the Darbo Worthington area, are not on this listserve and will continue to be unaware of high PCB levels right next to where their children play. Most people walking, jogging, biking, walking pets, and pushing strollers along the bike path are also not on this listerve, and are therefore in the dark about what they could be collecting on their shoes and bike/stroller wheels—and what their pets might be ingesting and gathering on their fur—and bringing into their homes.

Why are city officials unwilling to post warning signs, though they definitely have the authority to do so on their own property? What is the harm? Signs could be made with almost no cost to the city.

Perhaps city officials do not want the public to be aware of how contaminated this highly-used city property is? Or perhaps the city is protecting Madison Kipp Corporation, the source of the PCBs?

Maybe the City of Madison is worried about its own liabilities? If so, isn’t it sad that city government’s concerns about its liabilities are a higher priority than protecting public health? Doesn’t the city have an ethical responsibility to let people know about high levels of toxic contaminants on public property, so they can choose to avoid contaminated areas if they want to?

Apparently the City of Madison does not think so.

[1] Full lab reports here.

[2] The raingarden PCB saga goes back many years. See here and here for more about the raingarden PCB history.

[3] In November 2014, a DNR website post said “clean-up activities for the rain garden along the bike path have been completed” and “Soil sampling confirmed that no further action was necessary” on city property. Obviously, this is not the case, but the DNR has chosen not to post any further updates for the public (as of Sept. 22 2015).

[4] This begs the question: Why didn’t they test and excavate these PCBs before opening the splash pad?

[5] DNR officials said that even though PCBs were found just 4 inches down right next to the jogging path, there is no chance of exposures to those on the path. However, surface soils on the jogging path were not tested at all so this is just speculation.

[6] Why don’t they block off the bike path during the excavation?

 

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Madison-Kipp Clean Air Act violations: MEJO response to Kipp CEO

Madison-Kipp Clean Air Act violations: MEJO response to Kipp CEO

Madison-Kipp Corp President/CEO Tony Koblinski responded to our post regarding the EPA consent decree for his company’s Clean Air Act violations. Here is our response:

Dear Mr. Koblinski: We offer the following responses to your comments in hopes of providing some clarity as to why we are dissatisfied with the resolution of the EPA’s Notice of Violation (NOV) to Madison-Kipp Corp.

Koblinski: “This NOV is not a new matter.  It was issued to us September 12, 2012.”  

MEJO Response: Right—these violations are not new. They go back many years. For more on Kipp’s air pollution issues since 1990, and the community’s struggle to address them, see here and here.

The EPA violations occurred from 2007 (and before) through at least 2013. Kipp’s lawyers negotiated with EPA for 2.5 years after the initial violation was sent to them on Sept. 12, 2012.

In 2008, a DNR air pollution compliance engineer notified Kipp that they were using the wrong emissions factors, underestimating the stack discharges and violating their permit. However, after this engineer passed away and another one was assigned, the DNR continued to allow Kipp to use the wrong emissions factors for years, even after the 2012 NOV from EPA was issued. In 2013, DNR found Kipp in full compliance with air regulations, even while the company was still using the wrong emissions factors. DNR South Central Air Management Supervisor Tom Roushar explained in fall 2013 (about a year after the EPA NOV was issued) that it was acceptable that Kipp continued to use the 2001 emissions factors through 2013 even though their permit specified that they should use the higher 2007 emissions factors. He felt that EPA’s allegations were unsubstantiated (though oddly, he claimed not to have seen the NOV).

Koblinski: “It does not allege that we violated our emissions limits, but rather that we did not have adequate controls on our data recording, emissions factors, record keeping, calibration and plant signage.  These are technical issues which we have taken very seriously, but at no time have we exceeded our permitted emissions limits.”  

MEJO Response: Kipp’s estimated levels of air emissions, a key basis on which agencies assess regulatory compliance, are almost entirely based on the company’s own data recording, records keeping, and/or the emission factors they use. Because Kipp kept bad (or no) records on important processes that affect emission levels, and/or used old, incorrect emissions factors, inaccurate emission estimates were reported to the DNR, EPA, and the public for over five years. These are not just minor “administrative” or “technical” issues.

In 2012, Representative Chris Taylor asked the DNR to require Kipp to measure the actual emissions from its stacks. The DNR responded by saying that the extensive recordkeeping required of Kipp was superior to testing emissions. Shortly thereafter, the EPA issued its notice of violation because Kipp was neither conducting its required recordkeeping nor filing correct reports.

Here’s one example of the consequences of using an incorrect emissions factor. Because Kipp used a 2001 emissions factor for chlorine that was 5.8 times lower than its 2007 permit required it to use, chlorine wasn’t reported at all on several air emissions inventories between 2007 and 2012 even though it should have been; incorrect chlorine emissions factors produced inaccurate chlorine emissions estimates that were lower than DNR reporting thresholds. Stack tests done in 2014 as part of the recent NOV showed that Kipp was emitting almost 12 times more chlorine than the 2001 emissions factor they used from 2007 to 2013 predicted they would emit.

Kipp also used 2001 emissions factors for dioxins through at least 2012, even though a more appropriate stack test in 2007 showed dioxin/furan emission levels orders of magnitude above the levels found in 2001 tests. Dioxins (and closely related compounds, called furans) are highly toxic at extremely minute levels—much, much more toxic than chlorine and even the tetrachoroethylene (PCE) Kipp workers dumped onto the ground for years. Even though Kipp stack tests in 2001, 2003, and 2007 showed that Kipp emitted dioxins/furans (and emissions factors increased with each test), none of Kipp’s air inventories have ever reported dioxin/furan emission levels, because using the old emissions factor kept the estimated emission levels under the DNR’s reporting limit. DNR was either oblivious to Kipp’s method of keeping their emission off the public air inventories, or decided that this was acceptable.

Kipp was also found in violation by EPA for not maintaining accurate records of its “Hazardous Air Pollutant” (HAP) emissions, which include a number of other highly toxic chemicals emitted from the factory.

Again, these record-keeping and reporting issues are not minor technical matters. Given the decades of community concerns about dioxins, chlorine, and other hazardous air pollutant emissions from Kipp, and hundreds of complaints to government agencies about strong chemical odors and health effects in the neighborhood, these reporting issues are very problematic, whether or not emission levels exceeded regulatory limits (which studies show, for many of the contaminants emitted Kipp, are too high to adequately protect public health).

Considering the discovery of extremely high levels of contaminants in soil and groundwater at Kipp, is it any surprise that Kipp did not maintain the records needed to show it complied with air pollution control laws? Pollutant levels reported to the DNR for air inventories are the only way citizens have to know what hazardous pollutants Kipp is emitting and at what levels. Kipp knows that and has worked hard to keep these chemicals off air inventories, in part, by using incorrect emissions factors. According to DNR, in 2007/2008, industries lobbied hard to not be required to report emissions below reporting limits (as they had been before). DNR allowed this.

Violations led to increases in actual emissions

Some of Kipp’s violations likely led to actual higher emissions of hazardous air pollutants, not just incorrect emissions estimates. The lubricant used to make aluminum castings is evaporated and partially burned, then exhausted through the roof. Rather than actually capturing and controlling the die lubricant emissions, diluting the die lubricant is the method required by DNR for reducing emissions from the die casting process. One of the EPA violations against Kipp was not diluting the die lubricants as much as required in its permit, resulting in higher VOC and other toxic emissions from die casting.

Other violations included not recording how much they diluted the die lubricant and/or not calibrating their die lubricant mixing equipment correctly—in other words, not following the emissions control method they are required by the permit to follow. These die casting violations are not minor technical issues. The “waxy/oily/burnt” and “metallic” smells neighbors have complained of for years are primarily die casting emissions. According to EPA, the top eight Toxic Release Inventory (TRI) air releases reported from aluminum die casting industries in the U.S. are: aluminum (fume or dust), trichloroethylene, tetrachloroethylene, zinc (fume or dust), copper, hexachloroethane, glycol ethers, and zinc compounds.

Actual emissions from Kipp’s die casting processes have been measured only sporadically and incompletely over the years inside the plant—and not for many years. In 1994, an OSHA inspector measured “oil mists” and “release agents” from die casting processes made up of metals and numerous organic compounds, including: aliphatic hydrocarbons, aliphatic alcohols, acetic acid, organic acids, butyrated hydroxyl toluene, long chain aromatic compounds, fatty acid methyl esters, propylene glycol, hydroxytriethylamine, methyl styrene, 1-2-2—methoxy-1-methyl-ethoxy-1-methylethoxy-2- propanol, and several “unidentified compounds.” The “condensate of mold release agent” contained “50% gray metallic flakes” made up of lead, aluminum, zinc, copper, and iron as well as “small particles, oily or greasy substances” and “brown particles.”

The 2001 “Madison Kipp Corp Exposure Assessment,” done by the Madison Public Health Department listed the following emissions measured above Kipp’s die casting machines in 1998: 1, 1, 1 trichloroethane, benzene, toluene, 1, 2 butadiene, hexane, ethanol, acetone, and several “unknown alkanes or alkenes.” Other reports and studies indicate that aluminum die casting emissions may also contain other very toxic chlorinated compounds such as chlorinated paraffins, PCBs, and dioxins/furans (as far as we know, these compounds have never been tested for in Kipp’s die casting emissions, inside the plant or from the stacks/vents).

During the 2011 inspection by EPA, the inspector noted “hazy air” in the die casting areas in both the Atwood and Fair Oaks facilities. This “haze” is the “oil mist” or die cast emissions, made up of many of the hazardous air pollutants listed above. Workers inhale this mist. It goes out open doors and windows and into roof vents and stacks uncontrolled. That’s why the odors are so strong in the neighborhood on some days. Again, Kipp has never characterized the chemical components of their die cast stack emissions or reported them to the DNR, nor has DNR required them to do so.

Prior to 1995, the “oily mist” from die casting was primarily vented through the doors and windows into adjacent backyards. At that time, after hundreds of neighborhood complaints, Kipp installed many roof vents sending the die casting fumes and the waxy odor further through the neighborhood. Only in 2007 did DNR recognize that Kipp was violating the 1971 air quality standards and required taller stacks rather than simple roof vents, in order to disperse the die casting emissions higher and further away. Current emissions factors for die casting are based on stack tests done in 1994 (that did not assess chemical components of the emissions).

Die casting emissions deposit on Kipp’s side walls and roofs, are washed off during rain/snow, and go into the storm drain system and eventually to the raingarden and/or Starkweather Creek and then Lake Monona. Kipp doesn’t test the chemicals in its stormwater runoff, so we don’t know what contaminants are going into the raingarden and the already highly impaired Starkweather Creek and Lake Monona.

Koblinski: “Under the direction of the EPA we completed new stack testing in May of 2014 and further verified that we operate within a fraction of our allowable emissions levels.”

MEJO Response: In the May 2014 EPA tests, the Atwood aluminum furnace stack emissions were tested for chlorine, hydrochloric acid, PM (particulate matter) and PM-10 (particulate matter ten microns or less in size). The Fair Oaks stacks were tested only for PM/PM-10. The smaller, more toxic components of particulate matter (PM 2.5) were not assessed at stacks from either facility. Dioxins/furans were not tested. Aluminum salts were not tested. No other hazardous pollutants were tested. Die casting emissions were not tested. Therefore, we have no idea whether Kipp was “within a fraction of allowable emission levels” for small particulates and many of the other hazardous air pollutants they emit.

The allowable emissions levels in Kipp’s expired air pollution permit are no basis to judge if the surrounding neighborhood is safe. The discharge limits were established to meet the old air quality standards. All the stacks on Kipp’s roof were designed to comply with the 1971 air standard for PM. The DNR’s own analysis shows current permit limits are not sufficient to comply with modern air quality standards for fine particles or PM2.5. Die casting emissions factors are over two decades old.

The community has asked repeatedly over the years that Kipp more completely characterize die casting emissions and update die casting emissions factors. Given that several of Kipp’s EPA violations had to do with issues that would affect die casting emissions, it is problematic that die casting emissions were not part of the stack testing done for the NOV. We don’t know why, but Kipp’s lawyers likely negotiated them out of the agreement if they were ever on the table for consideration. Further, originally the EPA planned to test dioxins/furans to resolve this Notice of Violation. However, Kipp’s legal team talked them out of doing dioxin/furan tests some time in 2014 (based on MEJO communications with EPA).

Koblinski: “I approached the Goodman Center to see if they had an energy efficiency project that I could help them with and ultimately agreed to pay $80,000 towards their needed chiller upgrade…”  

MEJO Response: We think improving energy efficiency is very important, but this Goodman Supplemental Environmental Project (SEP) does nothing to reduce exposures to Kipp’s toxic pollution (as described above) among the children who play at Goodman just feet from the factory. Also, it makes it even more likely that Goodman leaders will not raise any questions about Kipp’s pollution. Madison-Kipp, its wealthy owner Reed Coleman, and/or the several foundations to which Mr. Coleman funnels his wealth, have supported the Goodman Community Center with funding and other types of support since it was located next to Kipp and before that when it was the Atwood Community Center. This is one reason the Goodman Center leaders do not raise concerns about Kipp’s pollution, and dismiss or ridicule those in the community who do raise these concerns. The Goodman SEP is, in effect, more hush money to Goodman. What a boon for Kipp—congratulations!

Meanwhile, the SEPs Kipp agreed to didn’t consider in any way the concerns and suggestions of many people in the Kipp neighborhood for over two decades. Since the 1990s, hundreds of Kipp neighbors have asked for more monitoring, better emissions and noise controls, and a variety of other actions to reduce or eliminate the noise, odors, and toxic pollution from Kipp. In most cases, their concerns have been dismissed or ignored by Kipp (and DNR).  

Koblinski: “The violations indicated in the NOV did not “expose residents and children at the center to harmful pollutants” as they were administrative in nature and we have always operated well within the limits of our permits (in fact less than 4% of our total allowable).

MEJO Response: As outlined above, the violations were much more than just “administrative” and likely did result in higher emissions of some hazardous air pollutants, which continue to be emitted from the factory at unknown levels. Close neighbors of Kipp, including many children, and children playing at the Goodman Center, are among the most exposed and the most vulnerable to these hazardous pollutants released from stacks and vents just feet away from where they live and play.  

Koblinski: “The EPA did not make a “surprise, unannounced visit to our facility,” rather the inaccuracies in our reporting were discovered through the standard annual reporting that we do to the EPA and subsequent information exchanges throughout 2012.”

MEJO Response: This EPA document about the Jan. 12, 2011 inspection of Kipp describes the inspection as “unannounced.”  We don’t think EPA would lie about this.  

Koblinski: Lastly, I would use this opportunity to indicate that we are progressing well on a number of fronts as we take responsibility for the unintended environmental impacts caused over previous decades.  

I won’t list all of the actions taken and completed as those are documented through various reports submitted to the WDNR and posted to their site.  Work still ahead of us includes:

– Some additional soil remediation (removal) work remains to be done in the storm water ‘bio-basin’ (Rain Garden) and adjacent bike path.  

– We will be bringing the Ground water Extraction and Treatment System GETS on line later this month to pump and filter PCE impacted groundwater.

– We are working with WDNR and EPA to resolve remaining PCB issues under our plant.  

We will, of course, continue to regularly monitor and verify our network of wells and probes to ensure there is no risk to public health.  

MEJO Response: Please share with the neighborhood and public the most recent documents about these activities—especially those regarding the continued removal of PCB contamination from the raingarden/bike path and also under the factory. What work remains to be done and why? Please share any available data.

A representative from the Madison/Dane Co Board of Health recently reported to the Madison Committee on the Environment that all the PCBs at Kipp have been remediated. Obviously, this is incorrect. Recent documents about these activities are not posted on the DNR website. People in the neighborhood, and the public officials who serve them, need to know about ongoing remediation of highly toxic soils going on right in the middle of where they live, work, and play (children are playing at a splash pad just feet from these PCB remediations!).

Sincerely,  

Tony Koblinski

President/CEO

Madison-Kipp Corp.

tkoblinski@madison-kipp.com

MEJO Response: Thanks, Mr. Koblinski! Drop us an email any time if you have further questions or comments.

Sincerely,

MEJO

info@mejo.us


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EPA fines Madison-Kipp for air violations; Goodman Center gets A/C in the deal!

EPA fines Madison-Kipp for air violations; Goodman Center gets A/C in the deal!
[ABOVE] The view of Madison-Kipp Corp. from the Goodman Community Center; PCBs are being removed from the rain garden in the foreground

The U.S. Environmental Protection Agency has fined Madison-Kipp Corporation for Clean Air Act violations from 2007 through 2012. While it could have been fined $37,500  per day for each violation, Kipp got away with paying a $35,000 fine, and agreeing to install energy-efficient windows in its factory and to pay for new air conditioning at the adjacent Goodman Community Center!

That’s right: a community center gets new air conditioning because a factory repeatedly violated the Clean Air Act. [This is not an Onion headline!]

From the EPA Administrative Order: “On behalf of the Goodman Community Center, a not-for-profit organization located in Madison, Wisconsin….respondent [Kipp] must…provide funding to replace, in whole or in part, a faulty and inefficient tandem chiller with a more energy-efficient unit…Respondent must spend at least $80,000 towards this….”

So Clean Air Act violations occurred for five years, affecting the Atwood neighborhood, exposing residents and children at the center to harmful pollutants, and the “penalty” is air conditioning for the center. WTF!?!

All the while, the Wisconsin Department of Natural Resources didn’t notice these Kipp air violations. If not for concerned residents asking for it, the EPA never would have made a surprise, unannounced visit to the Kipp factory and uncovered the problems.

The Clean Air Act violations agreements can be  can be found here:

EPA Administrative Order re: Madison-Kipp air violations (March 31, 2015)

EPA Administrative Order re: Madison-Kipp air violations (April 6, 2015)

 

 

 

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City to Lease Rain Garden to Polluter

City to Lease Rain Garden to Polluter

(High resolution version of above graphic here)

SUMMARY: The City of Madison wishes to extend a lease with Madison-Kipp Corp. through 2023 that will allow Kipp to control the rain garden it has polluted, continue to use part of the north parking lot (which it has also contaminated), and will give full credit towards its lease costs for a wooden fence that allegedly blocks sound. Meanwhile, people who live next to Kipp say that noise from the factory has been louder than ever, and often is the worst in the middle of the night. [1]

Given Kipp’s long history of polluting Starkweather Creek and Lake Monona through its unmonitored discharges into the City storm water drains (including one in the rain garden, where most of Kipp’s contaminated stormwater discharges are released), it’s curious that the City would now like to give Kipp control over this land.

DETAILS: The City of Madison has a long relationship with Madison-Kipp Corp. The city owns the land under the Kipp Fair Oaks factory and under the north parking lot at the Kipp Waubesa factory. Now the City wants to lease its heavily-polluted rain garden to Kipp for free (zero rent because of the full credit for the “sound blocking” fence).

Runoff from nearly the entire Kipp Waubesa factory property has been going into a City stormwater drain for many decades (a century?). In 2006, the City built the ill-fated rain garden where this pipe discharges, despite existing documentation of extensive PCE contamination throughout the Kipp site. This area was already leased to Kipp, so the City amended its lease, took back the land and gave Kipp a $900 lease credit. From the 2009 amended lease:

During the time of the recent construction of the new Goodman Community Center at 149 Waubesa Street, the City of Madison constructed a storm water management surface water retention facility adjacent to the East Rail Corridor Bike Path. The facility was constructed in a portion of the leased premises that the City leased to the Madison-Kipp Corporation (MKC) beginning in 1998. In order to correct the situation, it is necessary to amend the lease to remove that portion of the leased premises that the City reoccupied. The portion contains approximately 2,100 square feet and its removal equates to a permanent reduction of the annual rent of $900.

In 2012 and 2013, several toxic contaminants, including PCE, PCBs, PAHs and metals were discovered in rain garden soils (see the main graphic above here).  Soil PCB levels in some spots were many order of magnitude above DNR standards for direct contact. Several rounds of excavation have been done there, but the big question still remains: where did all this pollution come from?

MEJO has learned of a never-before disclosed Kipp factory drainage system that goes under the factory and leads to the stormwater drain and ditch (leading to Starkweather Creek, which eventually drains into Lake Monona). Historically, PCBs, PCEs, PAHs, dioxins, metals, and other unknown (unmeasured) chemicals from Kipp processes have flowed into this drainage system.

The City does not know the full extent of this drainage system and has not investigated what chemicals are currently draining into it from Kipp’s air vents/stacks and ongoing remediation projects–or what might be entering it from under the Kipp factory.

It has finally been made public that Kipp had a secret trench in its factory that drained into the City stormwater drain. EPA is now working to get Kipp to remediate the unbelievably high levels of PCBs under the factory. FYI: EPA still hasn’t settled with Kipp over its air pollution permit notice of violation. Perhaps the City should investigate the toxins going into the rain garden before it hands it over to Kipp.

City "rain garden" between Kipp and Goodman

City “rain garden” between Kipp and Goodman

Kipp has polluted this City land for a century (along with Kipp’s City-owned parking lot).  Why should the City allow Kipp to have control of public land that it has treated so badly?  Is there any evidence that Kipp can be a “good steward”of public lands? Since this land is adjacent to the City bike path and a community center, the City might be wise to keep control of it rather than allow a lessee with such a bad track record control it. Instead, this public rain garden will now become Kipp’s private property.And people who live along Waubesa and Marquette Streets, as well as those families who use the Goodman Community Center, not to mention the parents of all the children who will use the new splash pad next year (right next to the rain garden!), should know about this and have a chance to tell District 6 Alder Marsha Rummel and the City if they agree with the wisdom of giving Kipp control of more public land. There should be a public neighborhood meeting at the Goodman Center before the Madison City Council allows Kipp to lease the rain garden.

Addendum: The “sound blocking” wooden fence was supposed to be on the north boundary too (along the bike path, between Kipp and the Goodman Community Center. This wasn’t built. Here is the proposed location per the 2009 amended lease.

[1] Kipp and government agencies attribute this increased noise to the testing and construction of the groundwater remediation system. However, many people living on Marquette Street have been experiencing increased noises from Kipp since before this construction started. Also, the noise often goes all night long and people say they cannot sleep. Why does Kipp need to do this noisy work all night long?

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Where does the raingarden pipe originate? (Kipp Question # 3896? We’ve lost count…)

Where does the raingarden pipe originate? (Kipp Question # 3896? We’ve lost count…)

At long last, one MEJO question (unlike most we have asked, which remain unanswered) has been answered!! [1] Storm water runoff entering the pipe that empties into the raingarden originates at a storm drain in Kipp’s Waubesa/Atwood parking lot (see here and here; blow up to at least 200% to see map). After entering the storm drain in the corner of this parking lot, the water moves north, along the western edge of Kipp’s Atwood plant (behind all of homes on Waubesa) in an open concrete ditch and a concrete pipe beneath. The pipe then goes under the Kipp building. After going under the building, it gathers waste water from various drain pipes in Kipp’s facility and northern parking lot (including the pipe that for decades captured highly contaminated wastes from the former toxic waste “ditch” area; see story and maps here)—before it veers northeast and empties into the Kipp “raingarden” (aka Sludge Garden). As it travels behind the homes on Waubesa, it captures waste water and runoff coming off Kipp’s roof and pipes on the west side of the Kipp facility, which drip into an open concrete ditch with catchment drains emptying into the storm sewer pipe beneath the ditch. As the map depicts, here is a large “catch basin” right behind 233 Waubesa, just before the sewer pipe goes under the Kipp building.

[1] We won’t bore anyone with the long convoluted story about the rather ridiculous means we had to resort to in order to get a specific answer to this question…

Of course, this one answer raises even more “unanswered questions” Here are some from MEJO and the community:

How deep is this storm drain?? When was it built? What has drained/dumped/leaked into it over the years? What drains into it now? In what condition is it? (e.g., how leaky is it?)

Did the DNR first obtain this 1994 storm sewer map from Kipp on June 16, 2014 (after MEJO asked repeatedly where the raingarden pipe came from)? Did they really not know about the route of this storm sewer drain before?

Why don’t any of the Arcadis reports to date depict this the full length of this storm sewer? (many reports don’t show it at all)

Why doesn’t Kipp have a more recent storm sewer map? Why doesn’t DNR ask them for one? Why did DNR not share this (or a more recent storm sewer map, if they have one) with MEJO, given that our repeated questions about the raingarden pipe’s origins led DNR to ask Kipp for the map in the first place? (MEJO eventually found the map in an open records request). What do they not want MEJO and the public to know?

Did DNR ever share this map with other agencies (DHS, PHMDC, EPA, city engineering) involved in assessing the PCB contamination in the backyards of the Waubesa St homes, Kipp raingarden contamination, and/or other Kipp pollution issues?

Could this storm drain have anything to do with the PCBs found in the backyards of the Waubesa homes (excavated May 20-June 27, 2013)?

Did the PCB contaminated soils in the backyards on Waubesa Street and along Kipp’s western edge wash down into the open ditch and storm drain into the raingarden before, during, and/or after excavation? (PCB contaminated soils from the Waubesa excavation were piled on the north parking lot for a while, which also drains into the raingarden).

If DNR knew about the route of this storm drain before June 2014 (e.g., before/during the investigations/excavations of the PCBs in the yards on Waubesa Street), why don’t any of the reports on the PCB investigations on Waubesa St, which include numerous maps of this area, depict it or mention it in any way?

Where were the PCB “base” and “wall” data points in Arcadis PCB reports relative to this storm drain, the catchment basins, etc?

Could the large catchment basin behind 233 Waubesa depicted in the Arcadis map be related to the relatively higher levels of PCBs found right about at that spot?

Why does the 1994 map not depict the sanitary sewer lateral that runs in between 253 and 257 Waubesa Street—see this map. Was this sanitary lateral built later? When? Might this lateral have anything to do with the higher levels of PCE vapor found in 253 Waubesa and 257 Waubesa St. homes (subslab vapor levels in these homes were much higher than other homes on Waubesa)?

There are many more questions….please send yours to info@mejo.us and we’ll add them.

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According to DNR’s strange math, Kipp’s PCE plume has reached or passed Well 8, but has not made it to Lake Monona…What?

According to DNR’s strange math, Kipp’s PCE plume has reached or passed Well 8, but has not made it to Lake Monona…What?

Recent updates from DNR and PHMDC (see most recent one here) on the ongoing Kipp pollution nightmare are full of careless errors, misleading statements, and critical omissions. Citizens deserve better from their public servants in government agencies.

As we wrote in our previous post, the PHMDC “evaluation” of Goodman Center splash pad health risks included incorrect “residual contaminant level” (RCL) numbers as well as other miscalculations.

DNR updates also include errors and problematic claims. Here’s one example. Answering the question posed by the community, “Will Lake Monona be affected by MKC’s groundwater contamination, since it is moving south?” DNR responded:

Before the full system of groundwater monitoring wells was in place to collect data concerning the tetrachloroethene (PCE) plume, this question was unable to be answered. Now that a volume of data has been produced by the 16 wells surrounding MKC, an analysis can be done to determine the fate of the contaminated plume of groundwater. It is believed PCE from the Kipp facility has been in the environment for approximately 40 years; the plume has stabilized. Since the regional hydraulic gradient for the deep aquifer does run southeast, the plume has extended an estimated 1,900 feet towards Lake Monona. However, because it appears the plume has stabilized, there will be no danger of it reaching Lake Monona, which is still approximately 800 feet away. Arcadis’ evaluation of the PCE plume can be accessed here.

These statements are nonsensical—here’s why:

-DNR says “It is believed PCE from the Kipp facility has been in the environment for approximately 40 years.” (DNR doesn’t say who “believes” this.) Yet countless DNR and Kipp documents say that Kipp started using PCE in the 1940s—and it is well-documented that PCE and numerous other chemicals, most of which are highly persistent in the environment, were purposely dumped from, emitted from vents, and/or spilled and leaked from the facility since then. Do the math. If Kipp started using PCE in the 40s, their PCE and its breakdown products have been “in the environment” (soil, groundwater, air, plants, fish, wildlife, people) for somewhere between 65-74 years, not 40 years.

-The DNR statement above says the plume “has extended an estimated 1900 feet towards Lake Monona.” On pg. 2 the Arcadis evaluation of the PCE plume cited says that “Municipal Unit Well 8 (Unit Well 8) is located approximately 1,400 feet southeast of the site.” Again, do the math. DNR’s statement suggests that the plume has reached or even passed Well 8 (depending on where you measure from).[1] Though many suspect that the plume reached and passed Well 8 a long time ago, this is likely not what the DNR intended to say, given that they and Kipp have stated repeatedly in recent updates that the plume has not reached Well 8. (Why doesn’t PCE show up in well tests? More on that in a future story…).

-Based on the numbers in the DNR update, Lake Monona is about 2700 feet away from Kipp measuring on a line to the southeast (going through Well 8).[2] The lake is approximately 1734 feet from the Kipp property edge on a line to the southeast going through Well 8. Even if one measures from the center of the Kipp site, the lake is not 2700 feet away.

-There is insufficient evidence to say that the plume has “stabilized.”[3] The edges of the plume have not yet been defined. Kipp’s consultants’ evaluation of the plume (link above), claiming that it has “stabilized,” uses a problematic methodology and is still under evaluation by independent experts. The Arcadis analysis has not been accepted by the Madison Water Utility as the final word on the plume.[4]

-Lake Monona is only 1550 feet from the Kipp measuring along a straight line south from Kipp’s property line. Numerous Kipp consultant documents going back to the 1990s say the shallow and intermediate depth groundwater was traveling south as well as southeast. Given the rate of travel in surface and groundwater, PCE and other contaminants would have made it to the lake by now.

-Though assessing “preferential pathways” such as storm and sewer drains by which PCE and other toxic contaminants could have spread over decades in many directions from Kipp should be one of the first steps in developing a conceptual site model (CSM)—and is among the most critical components of a CSM—DNR and Kipp have never done so (as far as we know, and we have asked repeatedly). There are many storm and sanitary sewer drains all over Kipp leading out in every direction (see here and here).

It is well documented that Kipp put PCE wastes down storm and sewer drains for decades—well into the 1990s and likely later. Contaminated soils and other materials being excavated all around the Kipp site, including some that are contaminated with PCBs and PCEs, are still going down storm drains. Some storm drains from Kipp empty into Starkweather Creek, which drains into Lake Monona. Others go to the south/southeast and empty directly into Lake Monona. Sanitary sewer drains, which send water to the Madison Metropolitan Sewerage District, usually leak sooner or later. Sanitary sewer drains leading out from Kipp most likely leached PCE into soils and groundwater all along their pathways, including several going towards Lake Monona.

In sum, it is scientifically unfounded to state that “there is no danger” of the PCE plume reaching Lake Monona. In fact, based on the available science, it is likely that PCE and other toxic chemicals from Kipp made it to Lake Monona a long time ago via surface water and sediments, as well as via groundwater. People who eat fish from Lake Monona, including many subsistence anglers, have likely been eating Kipp’s pollution for a long time.

Sadly, since the DNR and Kipp have repeatedly refused to assess preferential pathways, and refused to test groundwater directly to the south of Kipp, we will never have any data to show whether or not that is the case.  Obviously, Kipp and the DNR do not want to know the truth about this—and most definitely do not want citizens to know.

To be continued…

[1] Even if the distance is being calculated from the purported center of the plume in the northern parking lot, 1900 feet would put the plume about at Well 8.

[2] Again, even if the distance is calculated from the center of the plume, this number is way too high.

[3] Note that even the DNR can only say “it appears” the plume has stabilized

[4] Kipp obviously has a strong bias towards concluding that the plume has stabilized and will not reach the lake. Why would the DNR indicate to the public that Kipp’s consultant’s analysis of the plume is unbiased and conclusive science—and is the final word? Who does the DNR work for—Madison Kipp or the citizens of Wisconsin? Sadly, it appears to be the former.

 

 

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