Batavia Iron and Metal

A revised remedial plan was issued for work completed at the Batavia Iron Metal facility in Batavia due to the amount of PCBs and other contaminants and wetlands discovered at the Bank Street site, Project Manager Lisa Gorton says.

The state Department of Environmental Conservation issued the revision Wednesday now that all work has been completed for the project at the defunct metals processing plant next to Dwyer Stadium. 

"So, initially, those smaller areas that were identified were going to be removed and remediated. However, after our full investigation and design, we ended up removing much more waste than expected. So we essentially just cleaned the site up to a restricted residential use and commercial use standard, so it was much more protective than originally designed or issued under the decision,” Gorton said to The Batavian. “There were a few thousand tons scheduled to move off-site. But ultimately, I think we took 60,000 tons of topsoil off-site. So the work was considerably more than what was initially intended.”

She said all of the PCBs have been removed to an unrestricted use, and wetlands—a new element to the project—were identified and restored. 

“There’s no environmental easement that will be associated with it. It’s not a full unrestricted use only because the unoccupied building there stays in place, so if someone should buy the property and want to repurpose that building, there are some site management elements that go along with that piece of it,” she said. However, aside from that, the remainder of the site can be used in accordance with the zoning right now. So, it was much more protective than we originally had planned on in the decision only because we initially thought it might be used as commercial and would be more restricted under an easement. But just the way the PCBs were present on site and had to meet those regulations, the federal regulation for EPA and PCB removal became much more than we expected, but more protected, in a more protective way.”

The DEC continues to monitor the groundwater, which has tested to be safe, she said. 

The city of Batavia no longer owns the property, and as of November 2023, when remediation was still in progress, the plan was to move on foreclosure and devise a re-use strategy once this project was complete, City Manager Rachael Tabelski had said.

“Re-use of the site will be dependent on the level of clean-up.  If the site has been cleaned to unrestricted, residential and/or commercial activities would be allowed there,” Tabelski said. 

Cost Comparison
The price of this project jumped about $5 million due to “natural inflation from 2013 to 2023, and the increase in volume — approximately three times of material excavated (15,500 cubic yards projected versus 50,500 cubic yards actual) and disposed off site” the DEC report stated. That took the original cost of $8,177,000 up to about $13 million.

In much more expanded language, here are the steps and revisions of the original plan, which can also be found in its entirety on the DEC site (pdf)

Implementation of pre-design investigations and remedial activities described above identified the following new information that differs from the 2013 record of decision (ROD).

Additional impacted material off-site at 299 Bank Street was not identified in the ROD. These areas were identified and remediated during the investigation and remediation of the on-site debris piles at (AOC-3). 

Additional impacted material on-site (AOC-2) after removal of the waste piles. Impacted soil extended throughout the property boundaries, not only in the north and west portions of the site, as indicated in the ROD. 

Based on pre-design investigations for AOC-2, after remediation of AOC-3, neither VOCs or SVOCs were identified as primary contaminants of concern for soil. There were discrete exceedances of residential SCOs for each, but the locations were within the confines of the metals and PCB impacts and were therefore removed during implementation. 

Based on groundwater samples collected following the implementation of AOC-2, GA groundwater standards for VOCs are not currently exceeded. VOCs and AOCs are contaminants.

Sub-slab soil vapor samples collected beneath the on-site building had some detections of select VOCs. However, soil and groundwater beneath the building did not indicate any exceedances of VOC standards. Additional vapor intrusion investigation and mitigation if necessary, would need to be conducted if the building or the building’s footprint is reoccupied or redeveloped with an occupied building. 

Based on this new information and information obtained during the implementation of the IRM and Remedial Action the elements of the ROD are being modified as described further below: 

Record of Decision Design
ROD Element 1 is being modified to align the proposed design elements with the actual remedial action design prepared and executed in 2023. The design phase and remediation included re-delineating the wetland areas, fully characterizing the wetlands, remediating, and restoring the wetlands including additional wetland restoration at 299 Bank Street. The original Element 1 specified excavating contaminated sediment found in the wetland above the ecological SCO. The wetland impacts were fully delineated, remediated and restored, including installation of a 50-foot wetland buffer area. Green Remediation techniques were used as feasible during the 2023 remedial action, including reusing treated construction water from excavation dewatering for dust control, obtaining restoration materials (backfill, topsoil and trees) from nearby sources to reduce truck emissions, using onsite power instead of mobile generators, to lower greenhouse gas emissions and tracking greenhouse emissions during the remedial action to evaluate the green remediation techniques. 

Record of Decision Excavation 
Excavation of approximately 300 Cubic Yards (CY) from AOC #1 (PCB and pesticide impacted fill adjacent to the site building), 11,000 CY from AOC #2 (PCB and metals impacted soil/fill in north and western portion of the site), 4,100 CY from AOC #3 (Solid waste present throughout the site), and AOC #4 (Metals impacted soil at off-site 303 Bank St.).

The Remedial Action conducted in 2023 excavated 67,000 tons (≈(40,000 cubic yards) of impacted soil from AOC #2 and included the removal of the remaining impacted material west of the Site at 299 Bank St. and the remaining impacts from AOC #1. 

Record of Decision Enhanced Bioremediation 
ROD Element 3 included in-situ enhanced bioremediation to be employed to treat VOCs in groundwater in the area down gradient of AOC #2. During pre-investigation activities no VOC source areas were identified, additionally soil impacted with VOCs and SVOCs were co-located with metals and PCB impacted soil and therefore were removed as part of the excavations conducted as part of the 2017 IRM and 2023 Remedial Action. Six new monitoring wells and two temporary wells were installed onsite after excavation was completed in 2023. 

Record of Decision Institutional Controls 
ROD Element 5 included the imposition of Institutional Controls via an Environmental Easement, which included the restriction of groundwater use at the site as a source of potable or processed water, restricting future development for commercial and industrial use and compliance with a Site Management Plan. Based on the post-excavation sample results, the soil conditions generally meet the residential SCOs, and groundwater impacts are minimal. A Site Management Plan (SMP) will still be required to allow for inspection and minor repairs of the restored wetlands for five years after the final restoration is complete in the Spring of 2024 per the requirements of the United States Army Corp of Engineer (USACE) permit and for proper soil handling and disposal for soil under the building should the building be removed in the future. 

Record of Decision Site Management Plan 
Element 6 required an SMP to monitor the institutional controls from Element 5, provide a soil management plan, provide monitoring program to assess the performance and effectiveness of the remedy and provide an Operation and Maintenance (O&M) Plan for in-place treatment systems. Based on the changes noted above, the Enhanced Bioremediation (Element 4) is being removed from the ROD. Due to the increased volume of impacted soil removed from the Site and the post-excavation soil results and post-remediation groundwater sampling results, continuing monitoring of the performance and effectiveness of the remedy is not required. Additionally, no in-place treatment system is required; therefore, an O&M Plan for an in-place treatment system is not needed. 

A Site Management Plan will be required to provide monitoring and maintenance of the wetland and wetland buffer areas for five years, provide a soil management plan to handle material under the existing building and  require a soil vapor intrusion evaluation in the event that the on-site building is reoccupied or the site is redeveloped with an occupied building and periodic groundwater sampling. Element 6 is being modified to include these revised requirements for the SMP.

Site History 
The Batavia Iron and Metal Company, Inc. Site (formerly Batavia Waste Material Co.) is located at 301 Bank St. in the City of Batavia, Genesee County, New York, and is approximately 6.8 acres. The Site operated as a metal recycling facility from 1951 to 1999. Batavia Iron and Metal also purchased and handled electrical transformers on the property. Two furnaces operated at the facility from the early 1970s until 1994 for the purpose of reclaiming wire and smelting white metals. Before using the furnaces, the facility utilized open burning in dumpsters in the yard to remove insulation from the wiring.

Remedial investigations began in 2006 and found surface and subsurface soils were impacted with PCBs and metals, and other pesticides on the immediate and adjacent properties. In 2014, 17 55-gallon drums of debris and waste materials were removed from the building, and a 1,000-gallon underground storage tank was removed from the site. During this time, interim remedial measures were conducted to remove impacted soil at the adjacent properties. Work has continued in 2017, 2018, and 2019 and was completed in April 2023 with the implementation of an on-site remedial action plan approved by the U.S. Environmental Protection Agency. 

City officials have been keeping a close eye on the Bank Street property once owned and operated by Batavia Iron and Metal Company, and in more recent months, where the grounds have been the target of remediation work by the state Department of Environmental Conservation.

Although the City of Batavia no longer owns the property and will likely move to foreclose on it and devise a re-use strategy, City Manager Rachael Tabelski said she is pleased with all that has taken place there since the DEC has claimed it as a Superfund site for brownfield cleanup.

“Re-use of the site will be dependent on the level of clean-up.  If the site has been cleaned to unrestricted, residential and/or commercial activities would be allowed there,” Tabelski said.  “The work the DEC has done at this parcel is truly amazing, and on behalf of the City, I would like to thank the members of the site cleanup team, from the engineers, construction, monitors, trucking, etc. and DEC for the leadership and prioritizing community health. Any time a brownfield site in our city is cleaned up, either by the DEC or a private developer, it is an accomplishment we should celebrate.”

The city threw that celebration online recently with some photos of the work-in-progress at the site that sits between Dwyer Stadium and private homeowners.

Photos from City of Batavia online post

Back then
After nearly 50 years operating as a metal recycling business and then sitting defunct for another dozen or so years next to Dwyer Stadium, Batavia Iron and Metal has been on a slow track for cleanup, and the next phase to get it back on the tax rolls began more than a year ago, Jeff Wernick of New York State Department of Environmental Conservation said previously.

DEC put out a call for bids to conduct remediation of approximately 50,000 tons of PCB-impacted soil for off-site disposal, backfill and restoration, Wernick said in response to The Batavian’s inquiries in 2022.

“DEC received four viable bids,” Wernick said. "The bids are associated with the remediation efforts under the State Superfund program. Work is being performed under a self-implementation agreement with the United States Environmental Protection Agency. DEC’s role for future use is limited to the completion of the cleanup activities and the release of the remediated site for residential or commercial use in accordance with local zoning ordinances.”

The winning bid award is expected in the fall, with work to start in the spring of 2023, he said. The scope of work is estimated to cost $15 million to $20 million. Remedial activities include the removal of PCB-contaminated soil, temporary water treatment, backfill, and restoration, including the transport and disposal of non-hazardous and hazardous soils. 

The site at 301 Bank St., Batavia, earned special attention from the Department of Environmental Conservation more than a dozen years after it went defunct and was abandoned. Cleanups had been initiated for neighboring properties and the business site from 2013 to 2018.

And now
Since then, DEC has been overseeing the comprehensive cleanup that, once complete, “will be fully protective of public health and the environment,” DEC Assistant Public Information Officer Denis Slattery said Friday. “Remedial work at the site is moving forward as scheduled with the transport and disposal of 65,000 tons of impacted soil and debris to off-site permitted facilities, as well as backfilling, and restoration of wetland areas. 

“Areas suitable for fall planting and seeding will be restored before work shuts down for the winter in December,” he said. “Site activity will resume in the spring with the restoration of paved areas and permanent fencing.”

Work is projected to be completed by summer 2024, he said. The site is anticipated to be restored for commercial use under an easement in accordance with local zoning laws. 

“DEC will continue to coordinate with the city as the project moves toward completion,” Slattery said.  

A DEC fact sheet from 2018 states that, based on the April 2013 Record of Decision, the cleanup included removal of contaminated soil and debris and from on-site and parcels located near the former facility. The Site operated as a metal recycling facility from 1951 to 1999.

Batavia Iron and Metal aftermath
Batavia Iron and Metal also purchased and handled electrical transformers on the property. Two furnaces operated at the facility from the early 1970s until 1994 for the purpose of reclaiming wire and smelting white metals. Prior to the use of the furnaces, the facility utilized open burning in Dumpsters in the yard to remove insulation from the wiring.

DEC took charge of designing and implementing this cleanup to remove the contaminants that have migrated from the site onto City property, the Fact Sheet states. As part of the remedy, the installation of sub-slab depressurization systems at three residences near the site was completed in 2013. In addition, a cleanup involving soil removal at three residences was completed in 2014.

Further work included soil removal and restoration activities along the rear property boundary of 299 Bank Street and 301 Bank Street. The goal of the cleanup effort was “to ensure the effective removal and proper disposal of contaminated soil and to restore the property with clean soil.” At least one neighbor — who lives next door to the defunct business — had complained about potential health issues from toxins leaching into his water system and how his trees would not grow in the contaminated soil.

Work done in 2017 was performed by Nature’s Way Environmental of Alden, with oversight and inspection provided by DEC. Soil identified for remediation was to be excavated and disposed of off-site. All areas that were disturbed during the removal were also to be restored, and the same for any City of Batavia-owned roads, utilities, or other infrastructure impacted by the cleanup activities.

DEC and the New York State Department of Health approved a Community Air Monitoring Plan that required continuous air monitoring during all excavation and backfilling activities to ensure no additional contamination was released to the environment or adjacent properties during the cleanup.

The project is being funded and conducted pursuant to terms of the State Superfund program, intended for “Brownfield” areas that are contaminated with toxic waste and in need of remediation for safe future use.

After nearly 50 years operating as a metal recycling business, and then sitting defunct for another dozen or so years next to Dwyer Stadium, Batavia Iron and Metal has been on a slow track for cleanup, and the next phase to get it back on the tax rolls has begun, said Jeff Wernick of New York State Department of Environmental Conservation.

DEC put out a call for bids to conduct remediation of approximately 50,000 tons of PCB-impacted soil for off-site disposal, backfill and restoration, Wernick said in response to The Batavian’s inquiries.

“DEC received four viable bids,” Wernick said. "The bids are associated with the remediation efforts under the State Superfund program. Work is being performed under a self-implementation agreement with the United States Environmental Protection Agency. DEC’s role for future use is limited to the completion of the cleanup activities and the release of the remediated site for residential or commercial use in accordance with local zoning ordinances.”

The winning bid award is expected in the fall, with work to start in the spring of 2023, he said. The scope of work is estimated to cost $15 million to $20 million. Remedial activities include the removal of PCB-contaminated soil, temporary water treatment, backfill, and restoration, including the transport and disposal of non-hazardous and hazardous soils. 

The site at 301 Bank St., Batavia, earned special attention from the Department of Environmental Conservation more than a dozen years after it went defunct and was abandoned. Cleanups had been initiated for neighboring properties and the business site from 2013 to 2018.

A DEC fact sheet from 2018 states that, based on the April 2013 Record of Decision, the cleanup included removal of contaminated soil and debris and from on-site and parcels located near the former facility. The Site operated as a metal recycling facility from 1951 to 1999.

Wernick said that another fact sheet with additional details will be issued prior to the start of this next construction and remediation work.

Batavia Iron and Metal aftermath
Batavia Iron and Metal also purchased and handled electrical transformers on the property. Two furnaces operated at the facility from the early 1970s until 1994 for the purpose of reclaiming wire and smelting white metals. Prior to the use of the furnaces, the facility utilized open burning in dumpsters in the yard to remove insulation from the wiring.

DEC is designing and implementing this cleanup to remove the contaminants that have migrated from the site onto City property, the Fact Sheet states. As part of the remedy, installation of sub-slab depressurization systems at three residences near the site was completed in 2013. In addition, a cleanup involving soil removal at three residences was completed in 2014.

Further work included soil removal and restoration activities along the rear property boundary of 299 Bank Street and 301 Bank Street. The goal of the cleanup effort was “to ensure the effective removal and proper disposal of contaminated soil and to restore the property with clean soil.” At least one neighbor — who lives next door to the defunct business — had complained about potential health issues from toxins leaching into his water system, and how his trees would not grow in the contaminated soil.

Work done in 2017 was performed by Nature’s Way Environmental of Alden, with oversight and inspection provided by DEC. Soil identified for remediation was to be excavated and disposed of off-site. All areas that were disturbed during the removal were also to be restored, and the same for any City of Batavia-owned roads, utilities, or other infrastructure impacted by the cleanup activities.

DEC and the New York State Department of Health approved a Community Air Monitoring Plan that required continuous air monitoring during all excavation and backfilling activities to ensure no additional contamination was released to the environment or adjacent properties during the cleanup.

The project is being funded and conducted pursuant to terms of the State Superfund program, intended for “Brownfield” areas that are contaminated with toxic waste and in need of remediation for safe future use.

To read the full Fact Sheet, go HERE

For prior coverage, go HERE

File photo of Batavia Iron and Metal Co. on Bank Street, Batavia.