U.S. ENVIRONMENTAL PROTECTION AGENCY

POLLUTION/SITUATION REPORT

Oak Creek Bluff - Removal Polrep

Final Removal Polrep

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

Region V

Subject: POLREP #4

Final

Oak Creek Bluff

Oak Creek, WI 

Latitude: 42.8430002 Longitude: -87.8534858 

To: Scott Ferguson, WDNR

From: Kathy Halbur, OSC 

Date: 11/29/2012 

Reporting Period: 11/22/2011-11/28/2012 

1. Introduction

1.1 Background

Site Number: C598 Contract Number:

D.O. Number: Action Memo Date:

Response Authority: CERCLA/OPA Response Type: Emergency

Response Lead: PRP Incident Category: Removal Action

NPL Status: Non NPL Operable Unit:

Mobilization Date: 11/1/2011 Start Date: 10/31/2011

Demob Date: 2/3/2012 Completion Date: 11/28/2012

CERCLIS ID: RCRIS ID:

ERNS No.: State Notification:

FPN#: G12002 Reimbursable Account #:

1.1.1 Incident Category

EPA Region 5 supported a U.S. Coast Guard (USCG) and State (Wisconsin DNR) lead 

emergency response to a bluff failure that resulted in a release of hazardous substances, including 

petroleum products, to Lake Michigan. We Energies assumed responsibility for the emergency removal 

action. 

1.1.2 Site Description

At approximately 11:00 am on October 31, 2011, a lakefront bluff along Lake Michigan gave way, releasing 

a variety of construction materials, soil, and fly-ash into Lake Michigan. These materials included native 

soils, flyash, sea/land containers, road vehicles, construction vehicles, and fuel containers.

1.1.2.1 Location

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The bluff collapse occurred at WE Energies Oak Creek Power Plant, 11060 S. Chicago Rd., Oak Creek 

(Milwaukee County), WI.

1.1.2.2 Description of Threat

Hazardous substances (including heavy metals) and petroleum products were submerged in Lake 

Michigan as a result of the bluff collapse. The potential for petroleum discharged as a result of this 

incident was determined to be between 600-1,000 gallons. All large equipment was removed from Lake 

Michigan by November 21, 2011. Additional smaller equipment was removed from the lakebed by 

December 5, 2011. The only observable sheening was during day one of the incident.

1.1.3 Preliminary Removal Assessment/Removal Site Inspection Results

EPA collected and analyzed a sample of the soil/flyash material from the base of the landslide. Elevated 

levels of arsenic, chromium, and 1,1,1 Trichloroethane were detected. EPA also collected four water 

samples from Lake Michigan. Elevated suspended and dissolved solids were identified near the spill 

area. A composite sample of excavated material from the base of the bluff and east settling pond was also 

collected by EPA; analytical results of this sample were consistent with the initial soil/flyash 

sample. WDNR and We Energies collected similar samples; those results were similar to the EPA results. 

2. Current Activities

2.1 Operations Section

2.1.1 Response Actions to Date

We Energies assumed responsibility for all cleanup work. Contractors and consultants (Clean Harbors, 

Gillen, Edgerton, URS, Brandenburg, and Natural Resources Technology) were immediately mobilized to 

the scene. See previous POLREPs for details regarding response actions taken to stop additional 

releases, stabilize the bluff, remove recoverable materials from Lake Michigan, clean the shoreline and 

settling ponds, verify the cleanup, and restore the bluff. 

The following occurred during this reporting period: 

• We Energies submitted an Interim Spill Report on December 14, 2011 

• We Energies and EPA conducted a shoreline impact study in December, 2011 that determined no 

further action was needed on downstream shorelines; We Energies submitted a shoreline 

assessment report on January 18, 2012 

• We Energies submitted a report detailing results of sediment and water sampling on January 27, 

2012 

• Unified Command held its final meeting and disbanded on February 3, 2012 

• WDNR initiated enforcement against We Energies in March, 2012 

• We Energies submitted the permanent bluff restoration plan to WDNR on June 29, 2012 

• We Energies obtained required permits and approvals for restoration work through the summer and 

fall of 2012 and conducted restoration work 

• UWM conducted hydrodynamic modelling for the coal ash release to confirm that the sampling 

conducted to date was in the appropriate locations; UWM's report was completed in September, 

2012 

• We Energies submitted the Final Spill Report on November 19, 2012 

• We Energies submitted answers to EPA OSC questions regarding Final Spill Report on November 

28, 2012 

2.2.1. Enforcement Activities, Identity of Potentially Responsible Parties (PRPs)

WE Energies has taken responsibility for this incident. USCG issued Notices of Federal Interest to WE 

Energies (as the facility/property owner), URS (as an operator), and Metropolitan Environmental (as an 

operator). WDNR initiated formal enforcement against We Energies for this incident in March, 2012.

2.1.3 Progress Metrics

Waste Stream Medium Quantity Manifest Treatment Disposal

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Oily Debris Material 

from Lake Michigan Solid 61.15 Tons Multiple Landfill 

Waste Management 

Metro Landfill, Franklin, 

WI

Debris from 

Shore/South Yard 

Area

Solid 357.4 Tons Multiple Landfill

Waste Management 

Metro Landfill, Franklin, 

WI

Coal ash Solid 22,506 Cubic 

Yards NA Landfill We Energies Caledonia 

Ash Landfill

Coal ash/Soil Mix Solid 4,200 Cubic 

Yards NA Landfill Emerald Park Landfill

Scrap Metal Solid 25.28 Tons NA Recycled Miller Compressing, 

Milwaukee, WI

Oily Water Liquid 3250 Gallons 43959 Disposal

Jensen Environmental 

Management, Muskego, 

WI

2.2 Planning Section

2.2.1 Anticipated Activities

No additional activities are anticipated or planned. This is EPA's Final POLREP.

2.3 Logistics Section

No logisitics issues during this reporting period.

2.4 Finance Section

We Energies is the Responsible Party for this incident. We Energies estimates clean-up and restoration 

costs associated with this incident to be $12.1 million.

2.5 Other Command Staff

2.5.1 Safety Officer

We Energies acted as the Safety Officer for this response. 

2.5.2 Information Officer

Unified Command, including the joint information group, disbanded on February 3, 2012. 

3. Participating Entities

3.1 Unified Command

A Unified Command (UC) was established on November 5, 2011. WE Energies, USCG, and WDNR were 

voting members of the UC; EPA was a non-voting member of the UC. USFWS also participated in the 

Unified Command/Planning Meetings. UC disbanded on February 3, 2012.

3.2 Cooperating Agencies

WI Department of Health Services (WDHS)

WI Public Service Commission (WPSC)

National Oceanic and Atmospheric Administration (NOAA)

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U.S. Fish & Wildlife Service (USFWS)

Occupational Safety & Health Administration (OSHA)

4. Personnel On Site

EPA OSC Halbur acted as the EPA representative on the Unified Command and a Deputy Operations 

Section Chief for this response.

5. Definition of Terms

CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act

OPA: Oil Pollution Act

OSC: On-Scene Coordinator

UC: Unified Command

USCG: United States Coast Guard

U.S. EPA: United States Environmental Protection Agency

UWM: University of Wisonsin Milwaukee

WDNR: Wisconsin Department of Natural Resources

6. Additional sources of information

6.1 Internet location of additional information/report

www.epaosc.org/WE_oak_creek

6.2 Reporting Schedule

This is the Final POLREP.

7. Situational Reference Materials

 R5 Priorities Summary

This is an 

Integrated River 

Assessment. The 

numbers should 

overlap.

Miles of river systems cleaned and/or restored 0

Cubic yards of contaminated sediments removed and/or capped 0

Gallons of oil/water recovered 0

Acres of soil/sediment cleaned up in floodplains and riverbanks 0

Stand Alone 

Assessment

Acres Protected 1

Number of contaminated residential yards cleaned up 0

Human Health Exposures Avoided 0

Number of workers on site 272

Contaminant(s) of Concern

Contaminant(s) of 

Concern Coal ash, petroleum products, metals

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