The process of determining the responsible parties about the dumping of soil around the I-495 bridge is under way.
The soil at the site is suspected of being a reason in the shifting of piers on soft ground under the bridge near the Port of Wilmington.
Work is winding up on temporary repairs that will cost in excess of $40 million. The project has closed a key artery in Delaware and increased congestion.
DuPont and Alma Properties, a company based near the bridge, were issued the letters from the Delaware Department of Natural Resources and Environmental Control.
Click on the links below for copies of the letters:
Alma Violation Letter_All Edits_8_5_14
Dupont Violation Letter_All Edits_8_5_14
Separately, the Delaware Department of Transportation confirmed its attorneys are pursuing damage claims resulting from the dumping of dirt next to the I-495.
Those claims are separate from those of DNREC, according to spokesman Geoff Sundstrom. Sundstrom stated that “discussions are ongoing with Keogh Contracating and have been initiated with Port Contractors.”
Published reports have indicated that Keogh placed the dirt in the area.
DuPont firmly denied that it had any ties to the decision to dump soil at the site. “DuPont strongly disagrees with DNREC’s Notice of Violation. We have stockpiled no soil whatsoever on the property we own, nor have we given permission in any way to anyone else to do so,” according to an Email from company spokesman Dan Turner.
“DuPont has a long-term ground-lease agreement with Port Contractors, Inc., on the property. It is our understanding that Port Contractors, in turn, entered into an entirely separate agreement with Keogh Contracting Company to use part of the property, and Keogh brought the soil onto the property for storage. We have no contractual relationship whatsoever with Keogh, and at no time did we authorize them or anyone else to store soil on the property leased by Port Contractors.”
The statement concluded with the following: “In terms of our environmental responsibility for the property, we are in full compliance with the remedial action plan DNREC approved and have conducted the work in a manner that is protective of people and the environment. We have followed DNREC’s process for remediating the property and believe that we’ve taken all the actions necessary under the Voluntary Cleanup Program requirements.”
Questions on who is responsible for dumping the soil and what some critics see as a lack of oversight by DNREC have been asked since the bridge was closed in June. An around-the-clock emergency repair effort led to the southbound lanes being opened well ahead of projections, with the northbound span slated for completion by Labor Day weekend, if problems do not develop.
Legal experts have predicted a lengthy round of litigation as the state and perhaps the federal government seek to decide who was responsible for the soil being in the area and the full effect of the dumping on the bridge problems. The repairs are being paid for with federal funds.
DelDOT also confirmed, though an internal investigation, that it did not adequately address citizen reports of possible problems with the bridge. The bridge was closed after an engineer in the area saw the problem, although there was at least one earlier report.
