Hal Shepherd ready for next adventure

Hal Shepherd ready for next adventure

Hal Shepherd enjoys the peace and quiet at Indian Camp Ranch where he built his log house.
The $2.4 million fire headquarters in Hamilton, Ohio, is named after Hal Shepherd.
Hal Shepherd, from left, the late Gertrude “Trudy” Shepherd and Shepherd’s son, Benjamin Shepherd, attend a groundbreaking ceremony for Hamilton’s fire district headquarters in 1999.

Hal Shepherd ready for next adventure

Hal Shepherd enjoys the peace and quiet at Indian Camp Ranch where he built his log house.
The $2.4 million fire headquarters in Hamilton, Ohio, is named after Hal Shepherd.
Hal Shepherd, from left, the late Gertrude “Trudy” Shepherd and Shepherd’s son, Benjamin Shepherd, attend a groundbreaking ceremony for Hamilton’s fire district headquarters in 1999.
Shepherd recalls Superfund fight

Hal Shepherd used to enjoy elk and deer hunting. He points out a large deer that appears in a kitchen window at his home west of Cortez.
“They’ve got some feeding here. And the people around here like them, so nobody’s complaining,” he says of the deer’s presence on his land.
Shepherd also happens to be a sharpshooter and thoroughly enjoys a good manhunt.
“A manhunt is something different, and of course they shoot back,” he says.
Shepherd’s favorite manhunt never resulted in a run-in with the suspect.
“It was a murder case,” he says. “I was with a group of detectives, and we had a search going on in two different counties.”
The murder suspect was eventually found. But the defendants in a more well known, federal court case that Shepherd took a major part in have never been adjudicated.
Shepherd sits at his kitchen table. He has his laptop open, because he’s just come from looking up the year-end results from a 26-year-long cleanup of the Great Miami River in Ohio.
“It was a remarkable cleanup, but it should’ve never happened,” he says of the Environmental Protection Agency’s Superfund cleanup that resulted due to illegal and extremely hazardous waste dumping.
Chem Dyne Corp. was one of the first hazardous waste removal facilities in the nation located directly above an aquifer near the Great Miami River. Chem Dyne shipped thousands of gallons of material filled with poisons, including polychlorinated biphenyl, or PCBs, arsenic, cyanide and DDT from several states East of the Mississippi River to its storage facility in Hamilton, according to a Washington Post article dated Nov. 3, 1982.
The storage site was responsible for years-long complaints of foul odors that Shepherd fielded, according to an Associated Press article dated Sept. 5, 1982, in The Cleveland Plain Dealer.
Area residents complained of “unusually prevalent” respiratory diseases, including cancer, due to Chem Dyne’s facility in Hamilton, and as the city’s public safety official, Shepherd led the fight against Chem Dyne’s illegal practices, according to the Washington Post.
Shepherd later pulls out a 4-foot photograph in his garage that he used as evidence in the case against Chem Dyne Corp.
“We’ll send a guy to prison for a $100 robbery, but these guys were bad news, and they never went to jail, which made me mad,” he says calmly. “They were dealing with banned pesticides. The people working there didn’t have masks. They didn’t know what they were dealing with. It was very sloppy.”
Although he couldn’t get any other organizations, be it local or federal, to help, Shepherd and the city of Hamilton investigated Chem Dyne Corp. from 1976 to 1985.
Chem Dyne filed a harassment lawsuit against Shepherd, which stalled the investigation of Chem Dyne even further. And at one point, a Chem Dyne employee told Shepherd, “I know people in Chicago.”
“It ended up being a $20-million cleanup in 1980 dollars,” he said of the cleanup that resulted after decades-long litigation in state and federal courts.
The now infamous lawsuit ended up being the catalyst of new national and state regulations passed in Ohio.
“We ended up with a 37-mile fish kill next door to them,” Shepherd says. “They were engineers, but they were fast buck artists. And they were bad guys.”
The company made money by removing hazardous waste, and then mixed the waste with other harmful chemicals and sold the concoctions to a company in Kentucky to burn the waste for fuel.
“They were getting double income on the same product,” he says. “Triple income really because they weren’t spending any money disposing of it properly.”
What Chem Dyne didn’t know was that Shepherd and the city of Hamilton were keeping track of their illegal dumping and trying desperately to get them to stop.
“We had been tracking their tanker trucks throughout the Midwest,” Shepherd says. “But nobody wanted to get involved until we had this big fire. We had 55-gallon drums going up that looked like Cape Canaveral. They looked like rockets going off.”
Shepherd had taken pictures of the company’s operations from the top of a neighboring city power plant before the fire finally spurred an assault against Chem Dyne, and forced the Ohio and U.S. Environmental Protection Agency to resolve the conflict.
Other residents of Hamilton had removed a sample from a storm drain where Chem Dyne had dumped gallons of waste.
“They took this bucket to the EPA, it had heptachloride and dieldrin, which were banned pesticides,” he says.
With Shepherd’s photographs, EPA samples and the fish kill, Ohio’s Department of Wildlife sued Chem Dyne nearly a decade after Shepherd began his investigation against the company.
“I went before a federal grand jury in Cincinnati to get this place shut down,” he says. But there was no indictment.
“I said, ‘How in the world did we not get an indictment?’ And I couldn’t get an answer from the U.S. attorney, but the word got back,” he says.
He was told the U.S. attorney general declined the case because it would have been the first Clean Water Act case, and the government didn’t want to lose it.
“And today it would be a no-brainer, but that was so new at the time,” he says. “They say they have a 100 percent conviction rate, but that’s only because they take cases they can win.”
But after the case was in the press, and news spread around the country, Chem Dyne was put into receivership.
“There’s been a cleanup of that 24 hours a day, seven days a week since probably 1985, and I was just getting a five-year update, and it’s still going on,” he says.
Shepherd, as the person who spearheaded the battle against Chem Dyne, was featured in a Sunday edition of the New York Times, the Washington Post, the Los Angeles Times, and a thesis at Johns Hopkins University was later written about the lawsuit.
“But that was my biggest project that we worked on in Ohio and got this cleanup going and working with attorneys from all these different chemical companies, including Shell chemical,” he says. “They footed part of the bill for the cleanup, the city didn’t spend a dime except for the investigation.”
The cleanup, a Superfund site, is being paid for by 187 private companies and is being supervised by the EPA.
Ten acres of top soil were removed. A system of pumps to recycle the water from the area’s aquifer, called air stripping, was built at the former waste dump site. And the placement of a synthetic cap with a clay layer over the land was built, according to the EPA’s website.
The now extremely contentious tract of land where Chem Dyne used to store the hazardous waste appears as a stretch of grass.

Reach Nathalie Winch at [email protected].

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