Summary Overview of ITM Environmental Investigation

Environmental impact

Summary Overview of Environmental Investigation Timeline 

  1. The week of 5/15/17, a third party (RTV6 NEWS) reported a possible environmental concern with the ITM Operated Facility within Forest park to the City.

  2. On 5/17/17 the City conducted an initial investigation to evaluate the merits of the claim. The initial investigation found potentially serious environmental violations. The City prepared to make the proper notifications; consults and retains Keramida Environmental to assist and consult.

  3. On 5/23/17 - As required by law, the City notified Indiana Department of Environmental Management (IDEM) of the potential problem.

  4. On 5/30/17 the City notifies ITM and its subsidiaries “of a serious default under the terms of the lease” and requests immediate remediation action. The certified letter also demands that the Museum and its affiliates cease expenditures other than those in the normal course of business to ensure they stand the cost of the clean-up.

  5. On 5/31/17 Ken McDaniel with IDEM State Clean-up Section conducted the first of several IDEM inspections of the site. Violations were found and require additional investigations and inspections.

  6. On 6/7/17 ITM replies to the 5/30/17 City Letter and pledges to resolve any issues.

  7. On 6/9/17 IDEM issues VIOLATION LETTER: As a result of the 5/31/17 inspection, IDEM issued a Notice of Liability and Information Request to both the City and ITM, both are named and have liability.

  8. On 6/9/17 a 2nd IDEM inspection was performed by staff from the Hazardous Waste and Compliance & Response Branch of IDEM. A detailed full report & VIOLATION Letter is dated 7/20/17. Violations were discovered and documented as well as an initial materials & hazardous waste inventory by IDEM.

  9. On 6/22/17 a 3rd IDEM inspection was performed by IDEM employee Megan Bolyard to test for PCBs. The IDEM employee is acting as an agent for US-EPA. The full report is dated 8/8/17 and found that PCBs are present on the site. Machine tools from the closed Firestone plant were moved to the ITM site between 2009 and 2011 and contained the PCBs. Extent of the PCB contamination to the property will be determined in the next phase. The equipment remains in the same original spot and have not moved or been put into service.

  10. On 6/28/17 David Gillay an environmental attorney with Barnes & Thornburg filed a Self-Disclosure & Environmental Audit document with IDEM on behalf of the ITM.

  11. On 6/29/17 Pat Likins with The ELAM Group filed their 30-Day Short-Term Response Update.

  12. On 7/11/17 the City submits a reply to the initial IDEM Notice of Liability / violation letter and Information Request on 6/9/17. The reply is a 355 page document that provides details relevant to the physical property and surrounding properties; background, historical, geological, water wells, drainage and other critical infrastructure and information needed for the investigation. Questions related to operations and day to day activities were deferred to ITM.

  13. On 7/12/17 ELAM & ITM submits a reply to the Initial IDEM Notice of Liability / violation letter and Information Request on 6/9/17. The reply is a 575-page document that contains some overlap but many documents and receipts from materials and chemicals purchased throughout the years. Additionally lists details regarding daily operations and other related generator knowledge.

  14. On 7/20/17 Robert Beck with IDEM Office of Water Quality / Industrial Stormwater conducted a 4th IDEM inspection. This inspection also resulted in a Notice of Violation letter dated 8/1/17. Additional action is required to be compliant.

  15. On 7/20/17 ITM receives the Violation Letter related to the 6/19/17 IDEM (2nd) inspection. An 80-page document that includes the Industrial / Hazardous Waste Inspection Report with descriptions and photos of some of the waste.

  16. On 7/29/17 ELAM / ITM submits the 60-Day Short-Term Response Update. This document outlines actions since the 30-Day Short-Term Response Update. Inventory of materials did not meet the original timeline due to the relative high volume of chemicals to inventory and unsafe access to areas where the chemicals were located. Inventory consists of 1,060 items.

  17. On 8/1/17 IDEM Office of Water Quality / Industrial Stormwater sends a Letter of Non-Compliance to ITM.

  18. On 8/23/17 ELAM requested additional time to implement certain parts of the required actions. The reasons given for the extension request were: a very large inventory of 1,060 items taking nearly two months to complete; limited time from ITM staff; and unsafe conditions in some areas where chemicals were stored.

  19. On 8/28/17 ELAM / ITM submits the 90-Day Short-Term Response Update.

  20. On 8/29/17 the City received an excel spreadsheet with the 1,060 inventory items that correlates to a site map for locating points of origin.

  21. On 9/5/17 IDEM replies to ELAM regarding the request for additional time as outlined in their 8/23/17 letter and email.

  22. On 9/15/17 ELAM / ITM submits a final / official materials inventory of 1,060 items to IDEM. This does not include any of the potential asbestos issues.

  23. On 9/27/17 IDEM replies to ELAM/ITM in regards to the 8/11/17 submitted Initial Site Investigation Work Plan. The plan is found to be missing some basic components and requires it to be amended and resubmitted; this allows a significant delay from the original timeline. The revised work plan doesn’t get submitted until 11/22/17 and will require a review and comment letter from IDEM.

  24. On 10/2/17 ELAM provides documentation showing that some of the waste material is being characterized, consolidated and ready for disposal.

  25. On 11/6/17, more waste disposal documents that correlate to the master inventory 1,064 items.

  26. On 11/22/17, ELAM submits (R1) a revised Initial Site Investigation Work Plan.

  27. On 4/11/18, IDEM sends ITM a Notice of Violation and Proposed Agreed Order based on its inspections.

  28. On 6/29/18, Hamilton County Circuit Court Judge Paul Felix rules on the motion filed against the City and Port Authority by ITM.

  29. On 8/14/18, the city contests ELAM claims in the Initial Site Investigation Report. 

  30. On 9/10/18, the ITM and IDEM adopt the Agreed Order based on the April 11 notice.

  31. On 09/13, IDEM  reviews Initial Site Investigation Report with city and ELAM comments. Requires further site investigation work. 

  32. On 12/11/18, August Mack Environmental, Inc. submits Further Site Investigation Work Plan.

  33. On 2/4/19, IDEM's comment letter and approval of Further Site Investigation Work Plan.


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