Posted on 07.11.16
South Bend sues former dry cleaners for 'significant' contamination of soil, water
Source: http://www.southbendtribune.com, July 10, 2016
By: Erin Blasko
Alleges owners caused or contributed to contamination
The owners of a local dry cleaning business caused or contributed to the release of hazardous substances over a period of more than 50 years, resulting in “significant” soil and groundwater contamination in and around a portion of Ignition Park, a lawsuit alleges.
Filed by the City of South Bend in U.S. District Court for the Northern District of Indiana, the lawsuit seeks damages associated with the investigation and cleanup of the substances, which include “PCE,” a chemical solvent commonly used in dry cleaning that “poses a risk to human health and the environment.”
The city discovered the contamination while conducting an analysis of environmental releases in and around Ignition Park South, the lawsuit states. It identified Spin Techs Inc., formerly Sherman’s Quality Cleaners, 702 W. Indiana Ave., as the source.
Spin Techs sits across the street from Ignition Park South, where the city recently purchased several properties, identified in the lawsuit as the “South Bend Properties,” for redevelopment as a technology park.
The Indiana Department of Environmental Management has an active cleanup case involving the same property, which sits on the edge of a residential district on the north side of Rum Village.
In addition to Spin Techs and Sherman’s Quality Cleaners, the lawsuit names SPS Realty Corp. of South Bend; Young O. Won, Jong Hee Won, Chan Hee Won, all of Granger; and Michael and Donna Myers of South Bend as defendants in the case.
SPS owned 702. W. Indiana Ave. from 1956 to 1984, followed by the Wons from 1984 to 2005 and the Myers from 2005 to present. Dry cleaning activities ceased at the site in 2003.
The Myers, a husband and wife, own Spin Techs, which sells and services commercial laundry equipment to various end-users, including hotels and laundromats.
The original owners of the dry cleaning business — Philip and Hyman Sherman and Rose and Jack Purey — are deceased.
According to the lawsuit, “PCE was deposited in the soil and groundwater of the impacted South Bend Properties during the defendants’ ownership and/or operations at the Sherman Site” and remains there, “continu(ing) to cause property damage, including to the South Bend Properties.”
The manner in which the substances entered the soil and groundwater is not made clear in the lawsuit. However, according to the Indiana Department of Environmental Management, most PCE contamination is the result of spills or improper disposal.
Public documents on file with IDEM indicate PCE was kept in storage tanks at the property during the time it operated as a dry cleaners and disposed of at a designated off-site facility. The amount of PCE used at the site was no more than 120 gallons per year.
A violation letter dated Aug. 16, 2000, notes several violations at the business, then operated by the Wons. The violations related to the purchase and storage of PCE. Notably, it cited the Wons for failing to inspect for leaks of PCE on a bi-weekly basis as required by law.
Recent groundwater testing, conducted by Indianapolis-based EnviroForensics on behalf of both Spin Techs and the Wons, revealed on-site concentrations of PCE as high as 121 micrograms per liter, well above the reporting limit of 5 micrograms per liter, documents show.
While the business and nearby homes receive city water, several public water supply wells are located within 3,000 feet of the property, documents show. Several parks, churches and schools also are located nearby.
Asked to comment on the lawsuit as well as the possible risk of exposure for anyone living or working near the so-called “Sherman Site,” the city declined, saying it “doesn’t comment on pending litigation.”
Generally speaking, exposure to high levels of PCE may cause irritation of the upper respiratory tract and eyes, dizziness, headache, sleepiness, confusion, nausea and difficulty in speaking and walking, according to IDEM. PCE also is associated with certain kinds of cancer.
Further testing is required to determine the extent of the contamination, the lawsuit states, as well as the appropriate process for cleanup.
The Tribune has requested copies of the environmental reports and related documents on which the lawsuit is based. Because of the “extensive nature” of the materials they were not attached to the lawsuit.
News of the lawsuit came as a surprise to Donna Myers, part-owner of Spin Techs.
Myers said Spin Techs has been proactive in addressing the issue, hiring EnviroForensics to look for hazardous substances on the property after witnessing similar testing taking place across the street and coordinating with IDEM on cleanup.
“We alerted (the city) to the fact that we had found contamination before they had ever contacted us,” Myers said. “We’re ahead of the curve. We’ve done our own due diligence and are correcting the issue.”
As for financial responsibility for any cleanup, it should fall to Sherman’s Quality Cleaners, the Wons and SPS, Myers said, the owners of the property when it was a dry-cleaning business.
“We never did any dry cleaning,” she said. “We just used the building as office space.”
Sherman’s Cleaners closed in 2003 and no contact information exists for it or SPS Realty. Richard VanRheenen, an attorney for the Wons out of Indianapolis, was not prepared to comment on the lawsuit Friday other than to say he was “surprised” by it.
IDEM declined to comment on an “active case.”
Responding to questions from IDEM, the Wons, via EnviroForensics, recently expressed no knowledge of any leaks, spills or releases into the environment during the time that they owned the property, documents show.
Still, in a letter to IDEM in May, Chad Pitcher, senior project manager for EnviroForensics, indicated the family was “in the process of securing the necessary resources to properly address” the situation.
Pitcher did not return a call seeking comment.
