TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 024 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
HOUSE
6. PROPERTIES SURROUNDING THIS AREA THAT DO NOT BELONG TO HOOKER
HAVE BEEN AND CONTINUE TO BE CONTAMINATED BY OVERFLOW FROM THE DISPOSAL
SITE.
7. THIS OFFICE HAS RECEIVED NUMEROUS COMPLAINTS OF ODORS WHICH
ORIGINATE FROM YOUR DISPOSAL SITE.
8. THE OVERFLOW INTO DRAINAGE DITCHES AND A SMALL STREAM IN THE AREA
IS CONTRARY TO FEDERAL, STATE, AND COUNTY REGULATIONS.
IN VIEW OF THE ABOVE SITUATION AND THE FACT THAT VERY LITTLE HAS BEEN
DONE BY THE HOOKER CHEMICAL CORPORATION DURING THE PAST TWO YEARS TO
IMPROVE THIS SITUATION, THIS OFFICE IS NOW REQUESTING THAT A DEFINITE
STATEMENT CONCERNING YOUR PLANS FOR THIS SITE BE SUBMITTED TO THIS
OFFICE. IT IS REQUESTED THAT YOU FURNISH THIS OFFICE A DETAILED
SCHEDULE WHICH WILL INDICATE THE WORK THAT YOU WILL UNDERTAKE AND THE
TIME REQUIRED TO COMPLETE THIS WORK WHICH WILL BRING YOUR DISPOSAL SITE
INTO COMPLIANCE WITH THE SANITARY CODE. IN THE EVENT THAT AN ACCEPTABLE
SCHEDULE AND TIME TABLE CANNOT BE A REALITY IN THE NEAR FUTURE, THIS
OFFICE WILL HAVE NO ALTERNATIVE BUT TO ORDER THAT THIS DISPOSAL SITE NO
LONGER BE USED BY THE HOOKER CHEMICAL CORPORATION FOR THE DISPOSAL OF
SOLID AND LIQUID WASTE.
PLEASE CALL ME IF YOU HAVE ANY QUESTIONS REGARDING THIS MATTER.
ERNEST R. GEDEON ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL
HEALTH
CC: MR. FRED GLOTKA.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 025 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
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FROM: B N CARRENO
CONCLUSIONS & RECOMMENDATIONS
THE 1.5 MILLION GALLONS OF CONTAMINATED WATER WHICH ARE IMPOUNDED AT
THE HYDE PARK DUMP HAVE CREATED A POTENTIALLY SERIOUS WATER POLLUTION
PROBLEM. CONTINUED OPERATION OF THE DUMPSITE IS DEPENDENT UPON
EFFECTIVELY TREATING THIS WATER IN A POLLUTION-FREE MANNER. IN
CONJUNCTION WITH THE WATER TREATMENT, AN OVERALL MASTER PLAN MUST BE
DEVELOPED TO PREVENT FUTURE CONTAMINATION AND ACCUMULATION OF WATER.
BASED ON AN EVALUATION OF THE PROBLEM, VARIOUS ALTERNATES FOR
DISPOSING OF THE WATER, AND THE EVENTUAL PHASING OUT OF THIS SITE, IT IS
RECOMMENDED THAT:
1. AS AN IMMEDIATE MEASURE, PLANT SERVICES ARE STRENGTHENING THE
EXISTING EARTHEN DIKES TO PREVENT LEAKAGE OF WATER.
2. THE WASTE WATER SHOULD BE DISPOSED OF AT CHEM-TROL'S BLASDEL
PLANT AND THE HOOKER RESIDUE REACTOR AT AN ESTIMATED TOTAL COST OF
$90,000.
3. ENGINEERING ASSISTANCE TO BE OBTAINED TO DEVELOP A MASTER PLAN TO
PREVENT FURTHER ACCUMULATIONS OF WATER. THIS PLAN SHOULD BE IMPLEMENTED
ALONG WITH THE WATER DISPOSAL AND CONSIDER THE EVENTUAL PHASE-OUT OF THE
DUMPSITE.
INTRODUCTION
THE ACCUMULATION OF CONTAMINATED RAIN WATER IN LAGOONS AT THE HYDE
PARK DUMP PRESENTS A SERIOUS WATER POLLUTION PROBLEM. BOTH THE NEW YORK
STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE NIAGARA COUNTY
HEALTH DEPARTMENT HAVE EXPRESSED CONCERN AT THE PROBLEM CREATED BY THIS
WATER (SEE ATTACHED LETTERS FROM W H FRIEDMAN (LETTER ILLEGIBLE) AND E R
GEDEON-NCHD). THESE AUTHORITIES HAVE STATED THAT THE DUMP COULD BE SHUT
DOWN IF A SATISFACTORY SOLUTION IS NOT DEVELOPED. AS APPROXIMATELY 70%
OF THE NIAGARA PLANT IS DEPENDENT UPON THIS WASTE DISPOSAL SITE, IT IS
IMPERATIVE THAT A SATISFACTORY CLEAN-UP PROGRAM BE DEVELOPED PROMPTLY.
RESULTS AND CONCLUSIONS OF A PRELIMINARY STUDY OF VARIOUS ALTERNATES ARE
PRESENTED IN THE FOLLOWING SECTIONS OF THIS REPORT.
DISCUSSION OF PROPOSALS
SUMMARY
TABLE OMITTED.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 026 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
HOUSE
(SENTENCE ILLEGIBLE) CHLORINE OR HCI, AND THE LOWERING OF THE DEW
POINT. THE CHLORINE AND HCL ALSO CREATE AN AIR POLLUTION HAZARD. THIS
INSTALLATION IS ESSENTIAL TO THE OPERATION OF THE NIAGARA
LONG TERM
REGARDLESS OF THE METHOD CHOSEN TO DISPOSE OF THE WATER, THE
PREVENTION OF FUTURE ACCUMULATIONS AND GENERAL CLEAN-UP OF THE SITE FOR
EVENTUAL PHASE-OUT MUST PROCEED CONCURRENTLY. CONSIDERATION MUST BE
GIVEN TO THE PREVENTION OF SURFACE OR GROUND WATER CONTAMINATION, TO THE
ELIMINATION OF AIR POLLUTION PROBLEMS SUCH AS DUST OR ODORS, AND
"VISUAL" POLLUTION PROBLEMS. IN ORDER TO DO THIS, IT IS RECOMMENDED
THAT:
1) THE DUMP SURFACE BE GRADED AND SCALED TO PREVENT RAIN WATER FROM
REACHING THE BURIED WASTES.
2).-RAIN.WATER-BE.DIRECTED OFF THE DUMP PROPERTY TO PREVENT
CONTAMINATION BY WASTES.
3) THE DUMP BE COVERED WITH TOPSOIL AND SEEDED WITH GRASS TO PRESENT
A MORE PLEASING APPEARANCE TO THE PUBLIC AND ALSO TO
4) AS A SAFETY PRECAUTION, THE FENCE SURROUNDING THE PROPEFTY MUST BE
REPAIRED.
5) TREES, SUCH AS POPLARS, BE PLANTED ALONG THE PERIMETER TO SCREEN
THE SITE.
6) FOLLOWING REMOVAL OF THE WASTE WATER FROM THE LAGOONS, AN
IMPERVIOUS BARRIER, SUCH AS COMPACTED CLAY, SHOULD BE PLACED ALONG THE
DUMP PERIMETER TO PREVENT GROUND WATER CONTAMINATION.
THE TIMING OF THE FINAL DUMP PHASE-OUT WILL DEPEND ON THE DEVELOPMENT
OF ALTERNATE MEANS OF DISPOSAL FOR THE RESIDUES CURRENTLY BURIED AT THE
SITE. THE RESIDUE TASK FORCE HAS BEEN STUDYING THIS PROBLEM AND WILL
MAKE A RECOMMENDATION BY THE END OF THIS YEAR. CONSIDERATION IS BEING
GIVEN TO CONSTRUCTION CHEM-TROL POLLUTION SERVICES, INC. THIS WORK MUST
PROCEED
IT IS RECOMMENDED THAT ICD ENGINEERING BE REQUESTED TO STUDY THIS
SITUATION AND DEVELOP THE PHASE-OUT PROGRAM FOR THE DUMP
WE MIGHT POINT OUT THAT OUR PLANS FOR THIS PROGRAM MUST MEET NEW YORK
STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION APPROVAL.
BERNARD J CARRENO TECHNICAL CONTROL.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 027 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
HOUSE
TABLE OMITTED.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 028 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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MR. ECKHARDT. I WOULD LIKE TO READ A FEW KEY POINTS FROM THE JULY
1971 LETTER.
IT STATES:
DURING THE PAST 2 YEARS, MANY SERIOUS VIOLATIONS HAVE EXISTED AND
CONTINUE TO EXIST. THE ENTIRE OPERATION AT THIS SITE VIOLATES NIAGARA
COUNTY AND NEW YORK STATE SANITARY CODES.
LEACHING CONDITIONS EXIST FROM BENEATH THE SURFACE AS WELL AS FROM
NUMEROUS DRAIN TILES INSTALLED AT THIS SITE.
PROPERTIES SURROUNDING THIS AREA THAT DO NOT BELONG TO HOOKER
THIS OFFICE HAS RECEIVED NUMEROUS COMPLAINTS OF ODORS WHICH ORIGINATE
FROM YOUR DISPOSAL SITE.
WOULDN'T YOU AGREE, MR. JUDY, THAT THIS LETTER INDICATES THAT AT
LEAST BETWEEN 1969 AND 1971 THE HYDE PARK DUMP SITE WAS A HAZARD TO THE
PUBLIC AND TO THE ENVIRONMENT?
MR. JUDY. WE DEFINITELY KNEW THAT THERE WAS A PROBLEM THERE. THE
AMOUNT OF HAZARD WAS NOT ESTABLISHED AT THE TIME. THE AMOUNTS OF
CHEMICALS THAT COULD BE CALLED A HAZARD WERE NOT ESTABLISHED.
WE WERE ATTEMPTING TO OPERATE THE DUMP WITH THE BEST OF PRACTICES AT
THAT TIME. WE WERE LOOKING TOWARD CLOSING IT OUR SOMEWHERE IN THE NEXT
2 OR 3 YEARS. MEMORANDUM OF SEPTEMBER 3, 1971, AND I QUOTE: IMPOUNDED
AT THE HYDE PARK DUMP HAVE CREATED A POTENTIALLY SERIOUS WATE POLLUTION
PROBLEM. ANALYSIS," WAS ATTACHED TO THIS MEMORANDUM. THE CHART
CONTAINS THE RESULTS OF ANALYSES OF THE HYDE PARK WASTE WATER -- THE
SAME WASTE WATER THAT THE COUNTY HEALTH DEPARTMENT REPORTED WAS LEACHING
OUT OF THE SITE.
ACCORDING TO YOUR OWN ANALYSES, YOU KNEW AS EARLY AS OCTOBER 1969
THAT THIS WASTE WATER CONTAINED HIGH CONCENTRATIONS OF HIGHLY TOXIC
CHEMICALS, INCLUDING PHENOL OF 131,000 PARTS PER BILLION; 2,254,000
PARTS PER BILLION FOR CHLORIDES; AND OVER 67,000 PARTS PER BILLION FOR
TOTAL ORGANICS. ISN'T THAT WHAT THIS CHART INDICATES?
MR. CARRENO. YES; I BELIEVE THE NUMBERS YOU QUOTED ARE ACCURATE.
THAT'S WHAT THE CHART SAYS.
MR. ECKHARDT. DI YOU TRANSMIT YOUR FINDINGS TO THE STATE, FEDERAL
GOVERNMENT, OR OCUNTY HEALTH DEPARTMENT?
MR. CARRENO. I'M NOT SURE OF THAT QUESTION, SIR.
MR. ECKHARDT. DOESN'T THAT CONCENTRATION RAISE A SERIOUS QUESTION OF
DANGERS WHICH MAY BE OCCASIONED BY SUCH DUMPING?
MR. CARRENO. IT IS POSSIBLE, BUT THE MATERIAL WAS CONTAINED ON THE
SITE. I BELIEVE THAT THE REPORT SAYS THAT THIS IS MATERIAL THAT IS
IMPOUNDED AT THE SITE. IT WAS ON THE SITE. IT WASN'T OF WATER THAT HAD
LEFT THE SITE.
MR. ECKHARDT. BUT THE STATE WAS CONCERNED ABOUT MATERIAL LEACHING
OUT OF THE SITE AS I UNDERSTAND IT. WITH THAT CONCENTRATION LOCATED ON
THE SITE, WOULD NOT IT HAVE RAISED A QUESTION IN YOUR MIND AS TO WHETHER
OR NOT SUCH CONCENTRATIONS WERE POSING A DANGER IN THE COMMUNITY?
MR. CARRENO. IT IS POSSIBLE, SIR, YES.
MR. ECKHARDT. ISN'T IT TRUE THAT MUCH OF THIS WASTE WATER WAS POOLED
IN A LAGOON ON THE HYDE PARK SITE?
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 029 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
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MR. CARRENO. THAT IS CORRECT.
MR. ECKHARDT. SO A LARGE ABOUT OF THESE HIGHLY TOXIC CHEMICALS WERE
EXPOSED TO THE OPEN AIR; ISN'T THAT TRUE?
MR. CARRENO. YES, SIR.
MR. ECKHARDT. MR. JUDY, ON MARCH 21, OF THIS YEAR, THIS SUBCOMMITTEE
DISCUSSED THE HYDE PARK DUMP SITE WITH WORKERS FROM NL INDUSTRIES, GRIEF
BROTHERS, AND NIAGARA STEEL FINISHING. THEY ALL REPORTED ILLNESSES
RESULTING FROM INHALATION OF THE FUMES FROM THE HYDE PARK DUMP SITE.
THEY ALSO STATED THAT THEY COMPLAINED REPEATEDLY ABOUT THIS PROBLEM.
I WOULD LIKE TO INTRODUCE INTO THE RECORD A LETTER SENT TO YOU BY MR.
D. LAURIE, PLANT MANAGER AT NL.
WILL THE CLERK PLEASE PROVIDE THE WITNESS WITH A COPY OF THIS
DOCUMENT.
WITHOUT OBJECTION, IT WILL BE ENTERED IN THE RECORD AT THIS POINT.
(THE LETTER REFERRED TO FOLLOWS.)
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 030 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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TAM DIVISION
MR. JOHN JUDY
WORKS MANAGER HOOKER CHEMICAL CORPORATION BUFFALO AVENUE & 47TH
STREET NIAGARA FALLS, NEW YORK
WE WANT TO ACQUAINT YOU WITH WHAT WE CONSIDER TO BE AN EXTREMELY
DANGEROUS CONDITION EFFECTING OUR PLANT AND EMPLOYEES.
THE HOOKER DISPOSAL SITE, LOCATED ADJACENT TO OUR PROPERTY, HAS
CAUSED A PROBLEM ON TWELVE (12) OCCASIONS IN THE PAST FIVE (5) YEARS.
AGAIN TODAY, THE PROBLEM WAS CRITICAL. WE RECEIVED A CALL AT 7:15 A.M.
THAT OUR MIDNIGHT SHIFT WORKERS HAD COMPLAINED OF COUGHING AND SORE
THROATS FROM THE OBNOXIOUS AND CORROSIVE FUMES PERMEATING FROM THE
DISPOSAL SITE AND THAT OUR DAY WORKERS WERE LEAVING THE PLANT. UPON
ARRIVING AT THE PLANT, THE FUMES WERE OBVIOUS, THE MEN WERE DISTURBED
AND THERE WERE MANY INDICATIONS OF PHYSICAL DAMAGE TO OUR BUILDINGS.
YOUR POLLUTION CONTROL DEPARTMENT WAS NOTIFIED AT 7:35 A.M. AND TWO OF
YOUR ENGINEERS TOOK OVER THE PROBLEM IMMEDIATELY - THIS WE APPRECIATED.
THIS SITUATION CANNOT BE ALLOWED TO OCCUR AGAIN. YOUR ENGINEERS
SECURED SAMPLES OF SOLUTION AND PAINT CHIPS FROM OUR BUILDINGS AND WE
WOULD LIKE TO KNOW THE RESULTS OF YOUR TESTS. WE ARE ANXIOUS TO KNOW
HOW THE PHYSICAL DAMAGE TO OUR BUILDINGS AND EQUIPMENT WILL BE
CORRECTED. IN LIGHT OF THE SERIOUSNESS OF THIS OCCURRENCE AND THE
POTENTIAL HAZARDS THAT EXIST, WE URGE YOU TO STOP DUMPING WASTES
IMMEDIATELY AND CORRECT THE CONDITION THAT NOW EXISTS.
YOUR IMMEDIATE ATTENTION AND REPLY TO THIS LETTER WILL BE
APPRECIATED.
D. LAURIE PLANT MANAGER.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 031 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
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MR. ECKHARDT. I WANT TO QUOTE PERTINENT PARTS OF THE LETTER. "WE
WANT TO ACQUAINT YOU WITH WHAT WE CONSIDER TO BE AN EXTREMELY DANGEROUS
CONDITION AFFECTING OUR PLANT AND EMPLOYEES.
"THE HOOKER DISPOSAL SITE LOCATED ADJACENT TO OUR PROPERTY HAS CAUSED
A PROMBLE ON 12 OCCASIONS IN THE PAST 5 YEARS. AGAIN TODAY THE PROBLEM
WAS CRITICAL."
MR. JUDY, WHAT PERSONAL KNOWLEDGE DO YOU HAVE OF THIS COMPLAINT AND
OTHER TRANSMITTED TO HOOKER DURING YOUR EMPLOYMENT WITH HOOKER?
MR. JUDY. I REMEMBER THE LETTER. WE WERE WORKING VERY STRENUOUSLY
AT THAT TIME TRYING TO GET THE DUMP PREPARED FOR CLOSING OUT.
RIGHT AFTER THAT LETTER FROM MR. GEDEON, WE DID START MAKING PLANS TO
CLOSE THE DUMP. WE WERE HANDLING IT AS BEST OUR TECHNOLOGY AT THE TIME
WOULD ALLOW.
MOST OF THE ORGANICS THAT WERE BEING LEACHED OUT WERE COLLECTED IN
WATER AND WERE SKIMMED, I BELIEVE AT THAT TIME -- AND I'M NOT SURE OF
THE DATE. SO MOST OF THIS WAS GOING BACK TO OUR RESIDUE BURNER IN
NIAGARA FALLS.
MR. ECKHARDT. HAD YOU HAD ANY PREVIOUS COMPLAINTS -- PREVIOUS TO
THIS LETTER -- CONCERNING THE DUMP?
MR. JUDY. I DON'T REMEMBER ANY DEFINITE DETAILS, BUT I BELIEVE THAT
I DO REMEMBER GETTING ODOR COMPLAINTS.
MR. ECKHARDT. HOW ABOUT AFTER THE LETTER? DI YOU RECEIVE ANY
COMPLAINTS?
MR. JUDY. I COULDN'T SAY, SIR.
MR. ECKHARDT. MR. OLOTKA, YOU ALSO HAVE KNOWLEDGE OF SOME OF THESE
INSTANCES DON'T YOUR?
MR. OLOTKA. YES, SIR.
MR. ECKHARDT. COULD YOU TELL US WHAT YOU KNOW ABOUT THEM?
MR. OLOTKA. I THINK IN THIS PARTICULAR INSTANCE, WE HAD A RAINSTORM
IN THE NIAGARA AREA. SUBSEQUENTLY, ONE OF THE RETAINING DIKES SPRUNG A
LEAK. THE TRAVEL PATH OF THE MATERIAL WENT ACROSS INTO THE NL
INDUSTRIES -- I BELIEVE IT WAS CALLED TITANIUM AT THAT TIME -- AND ONTO
THEIR PROPERTY.
THAT WAS THE REASON FOR THEIR WORKS MANAGER SENDING OUR WORKS MANAGER
THE COMPLAINT LETTER.
MR. ECKHARDT. THE LETTER REFERS TO 12 SEPARATE OCCASIONS -- NOT TO
JUST ONE -- AS I RECALL. THAT IS CORRECT IS IT NOT?
MR. OLOTKA. YES.
MR. ECKHARDT. THE LETTER FROM MR. LAURIE ALSO MENTIONS DAMAGE TO THE
NL BUILDING CAUSED BY THE FUMES. CAN EITHER OF YOU, OR ANYONE ELSE AT
THE TABLE, TELL US EXACTLY WHAT HAPPENED?
MR. OLOTKA. I CAN.
THE FLOW OF WATER ENTERED INTO THEIR ELEVATOR WELL, I BELIEVE IT WAS,
AND ALSO ONE OF THEIR OFFICE BUILDINGS AND LIFTED THE TILE FLOORING. I
THINK IT WAS ABOUT 2 OR 3 INCHES OF WATER IN THE OFFICE ITSELF.
MR. ECKHARDT. WAS THERE ALSO SOME OCCASION WHERE PHOTOOXIDENTS
DISCOLORED PAINT WHEN THE SUN CAME IN CONTACT WITH THEM?
MR. OLOTKA. AT THE NL INDUSTRIES PLANT?
MR. ECKHARDT. YES.
WHEN THE SUN CAME OUT, I UNDERSTAND, THE DISCOLORATION WENT AWAY.
DOES THAT JOB YOUR MEMORY?
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 032 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
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MR. OLOTKA. IT IS POSSIBLE, BECAUSE THESE TYPICAL CHEMICAL REACTIONS
DO OCCUR. I CAN'T DENY THE REACTION, BUT I MAY BE AT A LOSS IN MY
MEMORY TO REMEMBER THAT POINT.
MR. ECKHARDT. MR. OLOTKA, IS IT POSSIBLE THAT THE FUMES FROM A DUMP
SITE OF THIS NATURE ARE TOXIC?
MR. OLOTKA. AGAIN, THERE IS A DEGREE OF TOXICITY TO ANY CHEMICAL.
IT DEPENDS UPON THE DOSE RESPONSE, I CAN'T HONESTLY ANSWER THAT ONE
BEYOND THAT POINT.
MR. ECKHARDT. WERE THERE REPORTS POSTDATING THIS LETTER ABOUT FUMES
FROM THE DUMP?
MR. OLOTKA. I DON'T REALLY REMEMBER, MR. CHAIRMAN.
MR. ECKHARDT. IF THERE WERE NOT, THEN WERE THERE ANY IN 1973, 1974,
1975, 1976, 1977, 1978, AND 1979?
MR. OLOTKA. THERE PROBABLY WERE. I CANNOT DEFINE THE TIME PERIOD.
IT WAS DURING THIS PERIOD OF TIME THAT WE STARTED TO REHABILITATE THE
SITE.
MR. ECKHARDT. MR. CARRENO, YOU CAREFULLY STUDIED THE LEACHATE FROM
THE DUMP FOR SEVERAL YEARS DIDN'T YOUR?
MR. CARRENO. YES, SIR.
MR. ECKHARDT. AS A MATTER OF FACT, YOU INDICATED IN 1973 AND 1974
THAT OVER 140,000 PARTS PER BILLION OF PHENOL HAD BEEN FOUND IN THE
LEACHATE AND QUANTITIES OF CHLORINATED HYDROCARBON. IS THAT CORRECT?
MR. CARRENO. I DON'T HAVE A DOCUMENT, BUT THAT COULD BE CORRECT,
SIR.
MR. ECKHARDT. LET US KEEP THE RECORD OPEN FOR YOUR COMPLETE ANSWER
ON THAT AND ALSO FOR US TO PUT DOCUMENTS IN THE RECORD IF THERE ARE ANY
TO THAT EFFECT.
MR. CARRENO. YES, SIR.
(SEE APPENDIX C, P. 1703.)
MR. ECKHARDT. DI YOU REPORT ANY FINDINGS ABOUT THIS TIME TO THE
COUNTY OR THE STATE -- IN 1973 AND 1974?
MR. CARRENO. I REPORTED IT WIHIN THE COMPANY. I CAN'T RECALL
SPECIFICALLY WHETHER I REPORTED IT.
MR. ECKHARDT. BUT YOU DON'T KNOW THAT THAT WAS TRANSMITTED FURTHER.
DO YOU NOW REMEMBER THAT YOU DID REPORT IN 1973 AND 1974 -- AND I
DON'T EXPECT TO HOLD YOU TO THE PRECISE FIGURE -- BUT SOMETHING TO THIS
NATURE, THAT 140,000 PARTS PER BILLION OF PHENOL HAD BEEN FOUND IN THE
LEACHATE AND QUANTITIES OF CHLORIANTED HYDROCARBONS WERE FOUND IN THE
LEACHATE?
MR. CARRENO. THAT'S POSSIBLE, SIR. THE WORK THAT I'VE DONE OVER THE
YEARS -- I CAN'T SAY FOR THE SPECIFIC YEARS -- GENERALLY INDICATED
PHENOL
MR. ECKHARDT. WE WILL LEAVE THE RECORD OPEN TO CLARIFY THAT POINT.
(SEE APPENDIX C, P. 1703.)
MR. ECKHARDT. BUT YOU DID MAKE SOME KIND OF REPORT TO THE COMPANY AT
THAT TIME OF SOME QUANTITY OF POLLUTANTS THAT APPEARED IN THE LEACHATE?
MR. CARRENO. THAT IS CORRECT, SIR.
MR. ECKHARDT. AND YOU DON'T KNOW WHAT HAPPENED TO THAT? BUT YOU
KNOW THAT YOU MADE IT TO THE COMPANY AT THAT TIME?
MR. CARRENO. YES, SIR.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 033 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
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MR. ECKHARDT. ON DECEMBER 10, 1976, THE STATE OF NEW YORK SENT YOU A
LETTER WHICH I WOULD LIKE TO INTRODUCE INTO THE RECORD.
WITHOUT OBJECTION, IT WILL BE ENTERED IN THE RECORD AT THIS POINT.
(THE LETTER REFERRED TO FOLLOWS:)
DECEMBER 10, 1976
HOOKER CHEMICAL COMPANY 345 THIRD STREET BOX 726 NIAGARA FALLS, NEW
YORK 14302
REFERENCE IS MADE TO OUR MR. BENTLEY'S LETTERS OF OCTOBER 6 AND
NOVEMBER 4, 1976 BOTH RELATIVE TO SOLID WASTE DISPOSAL SITES PREVIOUSLY
OPERATED BY YOUR FIRM OR ASSOCIATED FIRMS IN THE NIAGARA FALLS AREA.
THESE LETTERS REQUESTED SPECIFIC INFORMATION AND DATA RELATIVE TO THE
PAST OPERATION OF THESE DISPOSAL SITES, WHICH UNFORTUNATELY HAVE NOT YET
BEEN SUBMITTED.
SAMPLES OF LEACHATE EMANATING FROM THESE SITES WERE COLLECTED BY
REPRESENTATIVES OF THIS DEPARTMENT FOR CHEMICAL ANALYSIS. WHILE WE ARE
STILL AWAITING A FORMAL REPORT FROM OUR LABORATORY, PRELIMINARY DATA
RECEIVED IS SUFFICIENT TO CAUSE SERIOUS CONCERN.
SAMPLES FROM INSIDE THE SUMP AT YOUR HYDE PARK SITE CONTAINED
SIGNIFICANT QUANTITIES OF CHLORINATED HYDROCARBONS.
SAMPLES FROM THE LOVE CANAL SITE CONTAINED SIGNIFICANT QUANTITIES OF
MIREX, PCB'S AND OTHER CHLORINATED HYDROCARBONS.
SAMPLES FROM THE 102ND STREET SITE CONTAINED SIGNIFICANT QUANTITIES
OF MIREX, PCB'S AND OTHER CHLORATED HYDROCARBONS.
IT SHOULD BE APPARENT THAT WE CANNOT IDLY STAND BY WHILE THE
ENVIRONEMENT, AND PARTICULARLY OUR WATERWAYS, ARE BEING SUBJECTED TO
THESE INSULTS.
IN AN ATTEMPT TO ARRIVE AT A MUTUALLY AGREEABLE, LOGICAL AND
SATISFACTORY SOLUTION TO THESE VEXING PROBLEMS, WE ARE REQUESTING THAT
APPROPRIATE MEMBERS OF YOUR FIRM MEET WITH ME AND MY STAFF AT 2 P.M.,
DECEMBER 20, 1976 IN OUR OFFICE AT 584 DELAWARE AVENUE, BUFFALO,
NEWYORK. WHILE IT IS HOPED THAT THE DATA ORIGINALLY REQUESTED BY MR.
BENTLEY WILL BE AVAILABLE AT THIS TIME, THE MATTER IS SUFFICIENTLY
URGENT TO PROCEED EVEN IF IT IS NOT YET TABULATED.
SINCE OLIN APPEARS TO OWN OR HAVE OWNED PORTIONS OF THE 102ND STREET
SITE, AND SINCE THE CITY PURCHASED THE LOVE CANAL SITE AND LATER RESOLD
PORTIONS OF IT, WE ARE REQUESTING THAT THEY TOO BE PRESENT AT THIS
MEETING. WHETHER IT WILL BE POSSIBLE TO CONDUCT A COMBINED MEETING OR
WHETHER WE WILL HAVE TO DIVIDE THE GROUP AND CONDUCT A SEPARATE
CONCURRENT MEETING IS A MATTER TO BE DETERMINED BASED UPON THE
PREFERENCES OF THE VARIOUS PARTICIPANTS.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 034 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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WE SHALL LOOK FORWARD TO MEETING WITH YOU ON DECEMBER 20, 1976.
W. M. FRIEDMAN, P.E. REGIONAL DIRECTOR
CC: MR. WILKENFELD MR. (NAME ILLEGIBLE) MR. MCMAHON NIAGARA COUNTY
HEALTH DEPARTMENT MR. BENTLEY MR. SEEBALD DR. HULLAR.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 035 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109974
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ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MR. ECKHARDT. THE LETTER STATES INPERTINENT PART: "PRELIMINAR DATA
RECEIVED IS SUFFICIENT TO CAUSE SERIOUS CONCERN."
THE LETTER GOES ON TO STATE: "SAMPLES FROM INSIDE THE DUMP AT YOUR
HYDE PARK SITE CONTAINED SIGNIFICANT QUANTITIES OF CHLORINATED
HYDROCARBON."
BASED ON YOUR OWN ANALYSIS, DIDN'T YOU ALREADY KNOW THAT THERE WERE
SIGNIFICANT QUANTITIES OF CHLORINATED HYDROCARBONS IN THE LEACHATE?
MR. CARRENO. YES, SIR.
MR. ECKHARDT. BUT YOU DIDN'T THINK THIS WAS SIGNIFICANT?
MR. CARRENO. AS LONG AS IT WAS CONTAINED ON THE SITE, I DON'T FEEL
THAT IT WAS A PROBLEM OF A SERIOUS NATURE. IT WAS NOT LIKE YOU WERE
EXPOSING PEOPLE. IT WAS ON THE SITE.
MR. ECKHARDT. WHAT IS THE MEANING OF LEACHATE?
MR. CARRENO. LEACHATE IS A TERM TO DEFINE THE WATER WHICH MAY HAVE
PASSED OVER WASTE OR THROUGH WASTE AND WHAT IT HAS REMOVED -- THE
CONTAMINANT IT MAY HAVE PICKED UP FROM A PARTICULAR WASTE.
MR. ECKHARDT. IT IS WATER THAT LEACHES OUT OF THE CHEMICALS, EITHER
ON THE SITE OR FLOWING OFF THE SITE OR THROUGH THE GROUND WATE AQUIFERS
OR GEOLOGICAL FORMATIONS; IS THAT RIGHT?
MR. CARRENO. YES. WE ALSO REFER TO LEACHATE AS THE MATERIAL THAT WE
COLLECTED IN THE SITE COLLECTION SYSTEM. WE CALL THAT LEACHATE
COMMONLY.
MR. ECKHARDT. SO IT MAY OR MAY NOT REMAIN IN THE SITE IS THAT RIGHT?
IT IS SOMETHING THAT IS MOVED BY WATER; IS THAT CORRECT?
MR. CARRENO. AS THE TERM IS DEFINED, IT COULD REFER TO EITHER.
MR. ECKHARDT. MR. CZAPLA, ON JANUARY 18, 1978, YOU SENT A LETTER
WHICH I WOULD LIKE TO INTRODUCE INTO THE RECORD TO JOHN MCMAHON OF THE
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CONCERNING 102D
STREET AND HYDE PARK.
WE WOULD IDENTIFY THAT IN THE RECORD AS H-5. DO YOU HAVE A COPY OF
THAT?
MR. CZAPLA. I HAVE A COPY OF THE COVER LETTER.
MR. ECKHARDT. WITHOUT OBJECTION, IT WILL BE ENTERED IN THE RECORD AT
THIS POINT.
(THE LETTER REFERRED TO FOLLOWS.)
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 036 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
HOUSE
HOOKER SPECIALTY CHEMICALS
MR. JOHN C MCMAHON, P.S. REGIONAL ADMINISTRATOR FOR ENVIRONMENTAL
QUALITY NYS DEPT OF ENVIRONMENTAL CONSERVATION 584 DELAWARE AVENUE
BUFFALO, NEWYORK 14202
THE ATTACHED REPORT CONTAINS THE RESULTS OF OUR MUTUALLY ACCEPTED
PROGRAM TO RESOLVE QUESTIONS RELATING TO HOOKER'S TWO FORMER LANDFILL
SITES. OUR FINDINGS ARE BRIEFLY SUMMARIZED BELOW WITH DETAILS IN THE
BODY OF THE REPORT.
102ND STREET SITE
WE DO NOT FEEL AN ENVIRONMENTAL PROBLEM EXISTS AT THE SITE BASED ON
SAMPLING RESULTS, TYPE OF MATERIALS BURIED, ANALYSES OF ADJACENT SURFACE
WATERS AND THROUGH VISUAL OBSERVATIONS.
HYDE PARK SITE
1. IT IS OUR OPINION THERE IS NO APPRECIABLE CONTAMINATION OF
SURFACE WATERS FROM THE SITE SINCE RUNOFF MONITORING RESULTS INDICATE
COMPLIANCE WITH MINOR EXCEPTIONS TO DRINKING WATER STANDARDS.
2. GROUND WATER INVESTIGATIONS DO NOT WARRANT FURTHER CONSIDERATION
FOR THE FOLLOWING REASONS:
A. THE LANDFILL WAS CONSTRUCTED IN NATURAL CLAYEY SILT MATERIAL
HAVING A LOW PERMEABILITY FACTOR OF 0.003 FT/DAY (0.0000010 CM/SEC).
B. FOR LEACHATE TO MIGRATE HORIZONTALLY TO CONTAMINATE SURROUNDING
GROUND WATER PARTICULAR SOILD AND HYDRAULIC CONDITIONS MUST EXIST. NONE
OF THESE CONDITIONS ARE PRESENT AT THE SITE.
SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT ME AT (716) 278-7534.
JIM CRAPLA ENVIRONMENTAL ENGINEER
CC: E CEDCON - NCHD J BEECHER - DEC
BCC: R BOWMAN F OLOTKA/B CARRENO R RAYMOND.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 037 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109976
49-738 1643
44-15
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HEARINGS
CORRESPONDENCE
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INTERNAL MEMO
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MR. ECKHARDT. IN THE LETTER YOU STATE, AND I QUOTE: "IT IS OUR
OPINION THAT THERE IS NO APPLICABLE CONTAMINATION OF SURFACE WATERS FROM
THE SITE SINCE RUNOFF MONITORING RESULTS INDICATE COMPLIANCE WITH MINOR
EXCEPTIONS TO DRINKING WATER STANDARDS."
HOWEVER, IN MAY OF 1977, NEW YORK STATE SAMPLES SHOWED HIGH PCB'S AND
MYREX CONTAMINATION IN BLOODY RUN CREEK. IN DECEMBER OF 1978, YOU
INFORMED THE STATE THAT SEDIMENT IN BLOODY RUN CREEK WAS CONTAMINATED
WITH DIOXIN. IS THAT CORRECT?
MR. CZAPLA. THAT IS CORRECT.
THE WAY THEY COLLECTED THE STATE SAMPLES AT THE HYDE PARK SITE AT
THAT TIME WAS FROM STAGNANT PONDS. THE SAMPLING THAT I PERFORMED WAS ON
ACTUAL RUNOFFS DURING A RAINFALL PERIOD, WHICH WAS FELT TO BE MORE
REPRESENTATIVE OF A DISCHARGE.
MR. ECKHARDT. YOU CAN'T SAY, CAN YOU, TODAY THAT YOU HAVE NO
KNOWLEDGE OF ANY INFORMATION THAT WOULD LEAD YOU TO BELIEVE THAT THE
HYDE PARK DUMP SITE HAS NOT, OR WILL NOT, CONTAMINATE THE SURFACE WATER
IN THE AREA? CAN YOU SAY THAT IT WILL NOT WITH POSITIVENESS?
MR. CZAPLA. NO.
MR. ECKHARDT. MR. GORE?
MR. GORE. THANK YOU, MR. CHAIRMAN.
I WOULD LIKE TO APOLOGIZE TO THE WITNESSES FOR MY BRIEF ABSENCE FROM
THE ROOM. I HAD 400 CONSTITUENTS UPSTAIRS WAITING TO HEAR TESTIMONY
BEFORE ANOTHER COMMITTEE.
I HAVE BEEN LOOKING AT THE RECORD ON THE ACTIONS OF THE HOOKER
CHEMICAL CO. AT LOVE CANAL. IT IS A STORY THAT IS QUITE DISTURBING TO
ME. I WOULD LIKE TO REVIEW IT BRIEFLY.
MR. WILKENFELD, FIRST OF ALL, YOU WORKED AT THE HOOKER CHEMICAL CO.
IN NIAGARA FALLS IN THE LATE 1950'S, IS THAT CORRECT?
MR. WILKENFELD. YES, SIR.
MR. GORE. THE DOCUMENTS INDICATE THAT YOU SERVED AS SUPERVISOR OF
INDUSTRIAL WASTE OPERATIONS BETWEEN 1955 AND 1965; IS THAT CORRECT?
MR. WILKENFELD. THAT IS NOT QUITE THE CORRECT TITLE. THE FUNCTION I
SERVED IN FROM 1955 TO 1965 WAS EITHER AS ASSISTANT TECHNICAL
SUPERINTENDENT OR TECHNICAL SUPERINTENDENT. IT INCLUDED RESPONSIBILITY
FOR PROCESS ENGINEERING AND QUALITY CONTROL AND PROVIDED SERVICES IN THE
ENVIRONMENTAL AREA.
MR. GORE. DURING THAT 10-YEAR PERIOD, MOST OF THE PROBLEMS
CONCERNING HOOKER'S DUMP SITE OPERATIONS AND PROBLEMS WITH DUMP SITES
FORMERLY USED BY HOOKER WOULD HAVE BEEN BROUGHT TO YOUR ATTENTION; IS
THAT CORRECT?
MR. WILKENFELD. MOST OF THEM WERE.
MR. GORE. YOU WOULD HAVE BEEN INFORMED, FOR EXAMPLE, ABOUT ANY
DIFFICULTIES ENCOUNTERED AT LOVE CANAL, EVEN THOUGH IT WAS NO LONGER
OWNED BY HOOKER; IS THAT CORRECT?
MR. WILKENFELD. WE SOMETIMES WERE. THERE WERE OCCASIONS WHERE WE
WEREN'T.
MR. GORE. ISN'T IT TRUE THAT BEFORE YOU BECAME SUPERVISOR, HOOKER
DUMPED OVER 20,000 TONS OF CHEMICAL WASTE IN LOVE CANAL?
MR. WILKENFELD. YES.
MR. GORE. MR. CHAIRMAN, AT THIS POINT I WOULD LIKE TO INTRODUCE INTO
THE RECORD A DOCUMENT AUTHORED BY THE WITNESS, MR. JEROME WILKENFELD,
WHICH WAS TRANSMITTED TO MR. R F. SCHULTZ, WORKS MANAGER.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 038 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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TRANSCRIPT
INTERNAL MEMO
HOUSE
THE DOCUMENT IS ENTITLED, "EXPOSED RESIDUE AT THE LOVE CANAL."
I WOULD LIKE TO ASK THE CLERK TO PROVIDE THE WITNESS WITH A COPY OF
THE DOCUMENT.
MR. ECKHARDT. WITHOUT OBJECTION, IT WILL BE ENTERED IN THE RECORD AT
THIS POINT.
(THE DOCUMENT REFERRED TO FOLLOWS:)
JUNE 16, 1956
R F SCHULTZ WORKS MANGER
ON MONDAY JUNE 16 THE WRITER RECEIVED A CALL FROM MR ARNOLD ARCH OF
THE CITY AIR POLLUTION CONTROL DEPARTMENT WHO WISHED TO INFORM US THAT
MR R FADEL, INSPECTOR FOR THE CITY ENGINEERING DEPARTMENT HAD INFORMED
HIM THAT THREE OR FOUR CHILDREN HAD BEEN BURNED BY MATERIAL AT THE OLD
LOVE CANAL PROPERTY WHICH HAD BEEN DEEDED TO THE SCHOOL BOARD SEVERAL
YEARS AGO. MR FADEL SAID HE HAD BEEN DOWN THERE INSPECTING A NEW ROAD
THAT WAS BEING CONSTRUCTED NEAR THE 99TH STREET SCHOOL AND GAVE MR ARCH
THE IMPRESSION THAT THESE CHILDREN WERE BURNED WHILE PLAYING ON EARTH
EXCAVATED IN THE CONSTRUCTION OF THIS NEW ROAD.
W F BECK AND G JOHNSON VISITED THE AREA THAT AFTERNOON AND REPORTED
THAT THE ROAD CONSTRUCTION IS BEING CARRIED OUT ON COLVIN AVENUE WHICH
FORMERLY HAD BEEN A DIRT ROAD AND WAS NOW BEING PAVED. THIS WAS NORTH
OF THE AREA WHERE WE HAD BEEN DUMPING. THEY DID NOTICE THAT IN THE
NORTHERLY PORTION OF THE TRACT THE GROUND HAD SUBSIDED AND THE ENDS OF
SOME DRUMS WHICH MAY HAVE BEEN THIONYL RESIDUE DRUMS WERE EXPOSED AND
SOUTH OF THE SCHOOL THERE IS AN AREA WHERE BENZENE HEXACHLORIDE SPENT
CAKE WAS EXPOSED. IT WAS THEIR FEELING THAT IF CHILDREN HAD BEEN BURNED
IT WAS PROBABLY BY GETTING IN CONTACT WITH THIS MATERIAL. IT IS THEIR
SUGGESTION THAT THESE AREAS BE RECOVERED TO AVOID ANY CONTACT.
IT WAS ALSO NOTED THAT THE ENTIRE AREA IS BEING USED BY CHILDREN AS A
PLAYGROUND EVEN THOUGH IT IS NOT OFFICIALLY DESIGNATED FOR THAT PURPOSE.
THE WRITER DISCUSSED THIS MATTER WITH A W CHAMBERS AND E MATTHIAS AND
IT WAS CHAMBERS FEELING THAT WE SHOULD NOT DO ANYTHING UNLESS REQUESTED
BY THE SCHOOL BOARD.
THE WRITER CALLED MR ARCH BACK ON TUESDAY JUNE 17 AND INFORMED HIM OF
OUR FINDINGS. MR ARCH HAD CALLED US TO KEEP US INFORMED.
A W CHAMBERS SAID THAT HE WOULD BE IN CONTACT WITH MR JOHN RURALO AND
WOULD ASK HIM TO PASS ALONG TO MRS RUNALS INFORMALLY THE INFORMATION WE
HAVE FOUND CONCERNING THE EXPOSED RESIDUE.
JEROME WILKENFELD ASST TECHNICAL SUPERINTENDENT
P.S. SINCE WRITING THIS MEMO F L BRYANT HAS DISCUSSED THIS MATTER
WITH MR SALACUSO, ATTORNEY FOR THE SCHOOL BOARD.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 039 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109978
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TRANSCRIPT
INTERNAL MEMO
HOUSE
MR. GORE. MR. WILKENFELD, TO HELP REFRESH YOUR MEMORY, I WOULD LIKE
TO PARAPHRASE AND THEN READ PART OF THE MEMORANDUM.
THIS COMPANY MEMORANDUM INDICATES THAT ON JUNE 16, 1958, MORE THAN 20
YEARS AGO, YOU RECEIVED A CALL FROM THE CITY OF NIAGARA FALL AIR
POLLUTION CONTROL DEPARTMENT INFORMING YOU THAT A CITY ISNPECTOR WAS
INVESTIGATING A REPORT THAT THREE OR FOUR CHILDREN HAD BEEN BURNED BY
MATERIAL AT THE OLD LOVE CANAL PROPERTY.
TWO HOOKER EMPLOYEES VISITED THE AREA, AND YOU GAVE THIS REPORT OF
THEIR FINDINGS, AND NOW I AM QUOTING:
THE DID NOTICE THAT IN THENORTHERLY PORITON OF THE TRACT, THE GROUND
HAD SUBSIDED AND THE ENDS OF SOME DRUMS WHICH MAY HAVE BEEN THIONYL
RESIDUE DRUMS WERE EXPOSED. SOUTH OF THE SCHOOL THERE IS AN AREA WHERE
BENZENE HEXACHLORIDE SPENT CAKE WAS EXPOSED. IT WAS THEIR FEELING THAT
IF CHILDREN HAD BEEN BURNED, IT WAS PROBABLY BY GETTING IN CONTACT WITH
THIS MATERIAL.
ESSENTIALLY, IT WAS THEIR CONCLUSION THAT SOME OF THE MATEFIAL THAT
HAD BEEN DUMPED AT THE SITE HAD SURFACED OR HAD IN SOME WAY BECOMES
UNCOVERED NOT ONLY IN THE NORTHERLY PORTION OF THE CANAL BUT ALSO SOUTH
OF THE SCHOOL. ISN'T THAT CORRECT?
MR. WILKENFELD. YES.
MR. GORE. AND THAT THE CHILDREN HAD PROBABLY BEEN BURNED BY THE
HAZARDOUS SUBSTANCES WHICH WERE EXPOSED.
MR. WILKENFELD. YES.
MR. GORE. THE MEMO GOES ON TO SAY, AND I QUOTE: "IT WAS ALSO NOTED
THAT THE ENTIRE AREA IS BEING USED BY CHILDREN AS A PLAYGROUND, EVEN
THOUGH IT IS NOT OFFICIALLY DESIGNATED FOR THAT PURPOSE."
IS THAT WHAT THE MEMO SAYS?
MR. WILKENFELD. YES.
MR. GORE. MR. EILKENFELD, DO YOU BELIEVE THAT CHILDREN SHOULD BE
ALLOWED TO PLAY IN AN AREA WHERE THEY ARE GOING TO BE EXPOSED TO
HAZARDOUS CHEMICALS THAT HAVE THE POTENTIAL TO BURN THEM?
MR. WILKENFELD. NO; OF COURSE NOT.
MR. GORE. APPARENTLY, SOME OF YOUR COLLEAGUES DIDN'T SHARE THAT VIEW
BECAUSE IN THE SAME MEO, YOU STATE THAT THEY SUGGESTED AND I QUOTE: "WE
SHOULD NOT DO ANYTHING UNLESS REQUESTED BY THE SCHOOL BOARD."
MY QUESTION IS THIS: IF 20 YEARS AGO THIS COMPANY HAD INFORMATION
THAT CHILDREN WERE USING LOVE CANAL AS A PLAYGROUND AND HAD, IN FACT,
PROBABLY BEEN BURNED ON AT LEAST ONE OCCASION, KNEW THAT THEY WERE
PLAYING THERE, WHY DIDN'T YOU TAKE SOME ACTION TO INFORM THE SCHOOL
BOARD THAT THIS WAS A HAZARD AND TO INFORM LOCAL RESIDENTS THAT THEIR
CHILDREN SHOULDN'T BE PLAYING AROUND THESE HAZARDOUS CHEMICALS?
MR. WILKENFELD. WE DID DO THAT, SIR.
MR. CHAMBERS, WHO IS MENTIONED HERE, IS AN ATTORNEY WITH HOOKER. ON
AT LEAST ONE OCCASION I CAN REMEMBER HE WENT TO THE SCHOOL BOARD AND
ADVISED THEM VERBALLY THAT THEY SHOULD NOT IDSPOSE OF THE PROPERTY BUT
MAINTAIN IT PROPERLY IN THE CONDITIONS IT HAD BEEN TALKED ABOUT.
YOU WILL NOTE THE FOOTNOTE ON THIS MEMO.
MR. BRYANT, WHO AT THAT TIME WAS ONE OF THE CORPORATE OFFICERS, HAD
DISCUSSED THE MATTER WITH MR. SALACUSE, THE ATTORNEY FOR THE SCHOOL
BOARD.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 040 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109979
49-738 1643
44-15
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CORRESPONDENCE
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INTERNAL MEMO
HOUSE
IT IS MY RECOLLECTION THAT WHAT HE DID THERE WAS TO ADVISE MR.
SALACUSE OF THESE PROBLEMS AND OUR CONCERN.
HOWEVER, WE DID NOT OWN THE PROPERTY. ON THE ADVICE OF COUNSEL, WE
COULD NOT GO IN AND DO ANYTHING THAT THE SCHOOL BOARD DID NOT REQUEST US
TO.
MR. GORE. IN OTHER WORDS, YOUR PRIMARY CONCERN WAS THE LEGAL
POSITION.
MR. WILKENFELD. NO, SIR. OUR PRIMARY CONCERN WAS THE PROTECTION OF
THE CHILDREN. HOWEVER
MR. GORE. WHAT DID YOU DO TO PROTECT THE CHILDREN?
MR. WILKENFELD. WE ADVISED THE SCHOOL BOARD AGAIN OF THE HAZARDS OF
THE MATERIAL, AS INDICATED BY MR. BRYANT'S DISCUSSION WITH MR. SALACUSE.
WE DID, ON SEVERAL OCCASIONS, WHEN THIS SORT OF SITUATION OCCURRED
OVER THE YEARS, GO IN THERE AND RECOVER THE MATERIAL WHEN THE SCHOOL
BOARD REQUESTED IT. WE COULD NOT GO IN THERE WITHOUT THEIR PERMISSION
BECAUSE IT WAS NOT OUR PROPERTY.
MR. GORE. DIDN'T THAT INDICATE THAT THIS WAS GOING TO BE A
CONTINUING PROBLEM? IF THE MATERIAL WAS SURFACING ON THE DUMP SITE, IT
SEEMS TO ME YOU SHOULD HAVE MADE STRENOUS EFFORTS TO REMOVE THE MATERIAL
FROM THE DUMP SITE. OR AT LEAST, IF THE CHILDREN CONTINUED PLAYING IN
THE AREA, IT SEEM TO ME THAT A CONTACT WITH THE SCHOOL BOARD TELLING
THEM THAT IT CONTINUED TO BE HAZARDOUS IS NOT ENOUGH.
AM I OFF THE TRACK THERE? IT JUST SEEMS TO ME THAT NOT NEARLY ENOUGH
WAS DONE.
MR. WILKENFELD. IN HINDSIGHT, THERE IS NO QUESTION THAT MORE COULD
HAVE BEEN DONE AND PROBABLY SHOULD HAVE BEEN DONE BY ALL PARTIES
CONCERNED.
MR. GORE. WERE YOU SURPRISED TO LEARN THAT THE MATERIALS WERE
SURFACING IN THE LOVE CANAL AREA?
MR. WILKENFELD. OVER THIS TIME FRAME, I CAN'T REMEMBER WHETHER ON
THIS PARTICULAR INSTANCE I WAS SURPRISED OR NOT. IT DID OCCUR ON
SEVERAL OCCASIONS. THE ADVICE WAS GIVEN THAT THE MATERIAL SHOULD BE
RECOVERED.
MR. GORE. D- YOU ASK FOR OR CONDUCT AN INVESTIGATION INTO THE EXTENT
OF THE PROBLEM?
MR. WILKENFELD. I DON'T RECALL WHETHER I DID OR NOT AT THAT TIME.
MR. GORE. DID YOU TRY TO FIND OUT IF THE SURFACING MATERIALS WERE
OCCURRING IN OTHER PARTS OF THE OLD DUMP AND WHAT EFFECT THESE MATERIALS
MIGHT HAVE ON THE HEALTH OF THE CHILDREN PLAYING ON TOP?
MR. WILKENFELD. I THINK THE INDICATIONS IN THE MEMO ARE THAT
1MR. BECK AND MR. JOHNSON DID DO THAT AT THAT TIME, BECAUSE THEY
TALKED OF IT IN SEVERAL SPOTS OF SEEING MATERIALS SURFACE IN MORE
SPOTS THAN JUST WHERE THE CHILDREN DISCUSSED IN THIS MEMO WERE
BURNED.
MR. GORE. SO THEY FOUND THAT IT WAS SURFACING ALL OVER THE LOVE
CANAL PROPERTY, OR IN MORE THAN THIS ONE AREA?
MR. WILKENFELD. I CAN'T SAY THAT. I JUST KNOW WHAT IS INCLUDED IN
THE MEMO. ON SPECIFICS AS TO WHERE MATERIALS SURFACED
MR. GORE. WAS THERE ANY INVESTIGATION ON THE HEALTH EFFECTS THAT
MIGHT BE ENCOUNTERED BY THE CHILDREN USING IT AS A PLAYGROUND?
MR. WILKENFELD. THERE WERE NO SPECIAL STUDIES MADE IF THAT IS WHAT
YOU HAD IN MIND.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 041 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109980
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MR. GORE. DO YOU BELIEVE THAT THE SCHOOL BOARD WAS AS KNOWLEDGEABLE
ABOUT THE CHEMICALS IN THE LOVE CANAL AS HOOKER WAS OR WAS MORE PROPERLY
CAPABLE OF INVESTIGATING THE HEALTH EFFECTS TO THE CHILDREN USING IT AS
A PLAYGROUND?
MR. WILKENFELD. I KNOW THAT THE SCHOOL BOARD WAS ADVISED AS TO WHAT
MATERIALS WERE BURIED THERE TO THE EXTENT WE KNEW IT AT THE TIME.
MR. GORE. THEY ARE NOT CHEMICAL ENGINEERS. THEY DON'T KNOW THE
HAZARDS INVOLVED WITH THIS 20,000 TONS OF MATERIAL.
YOU HAVE 20,000 TONS OF MATERIAL OF HAZARDOUS CHEMICAL WASTE. YOU
HAVE CHILDREN USING IT AS A PLAYGROUND. THE SCHOOL BOARD DOESN'T KNOW
WHAT THE EFFECTS OF THESE DIFFERENT CHEMICALS ARE. YOUR ENGINEERS WENT
OUT THERE DETERMINED THAT KIDS HAD PROBABLY BEEN BURNED THERE.
THE ONLY ACTION -- AND CORRECT ME IF I'M WRONG -- THAT I SEE TAKEN IS
TO ADVISE THE SCHOOL BOARD THAT THERE IS A PROBLEM THERE AND LEAVE IT AT
THAT.
MR. WILKENFELD. THE SCHOOL BOARD HAD BEEN ADVISED AT THE TIME OF
TRANSFER OF PROPERTY THAT THE MATERIAL WAS HAZARDOUS AND THAT IT WAS THE
RECOMMENDATION OF THE COMPANY THAT THE SCHOOL NOT BE BUILT THERE.
MR. GORE. DI YOU CONTINUE TO MONITOR THE SITE AFTER THE CONTACT WITH
THE SCHOOL BOARD WAS MADE?
MR. WILKENFELD. NO.
MR. GORE. TWENTY-ONE YEARS AGO THE COMPANY IS TOLD THAT CHILDREN
HAVE PROBABLY BEEN BURNED BY CHEMICALS SURFACING THERE. ANY CONTINUED
MONITORING WOULD HAVE SHOWN YOU THAT THE CHILDREN CONTINUED TO USE IT AS
A PLAYGROUND FOR THE ENSUING 20 YEARS. I THINK IT WOULD HAVE LED A
REASONABLE PERSON TO CONTINUE TO TRY TO GET SOME ACTION TAKEN ON THE
PART OF THE SCHOOL BOARD, THE CITY, THE STATE, OR WHOMEVER TO PREVENT
THE HARM FROM OCCURRING, WHICH SUBSEQUENTLY DID OCCUR.
MR. OLOTKA, YOU WERE THE SUPERVISOR FOR INDUSTRIAL WASTE BETWEEN 1967
AND THE PRESENT TIME; IS THAT CORRECT?
MR. OLOTKA. YES, SIR, IN VARIOUS CAPACITIES. THAT JURISDICTION CAME
UNDER ME.
MR. GORE. LIKE MR. WILKENFELD, YOU HAVE HAD KNOWLEDGE OF THE
PROBLEMS ASSOCIATED WITH HOOKER'S ACTIVE AND INACTIVE DUMP SITES; IS
THAT CORRECT?
MR. OLOTKA. YES, SIR.
MR. GORE. MR. CHAIRMAN, AT THIS TIME I WOULD LIKE TO INTRODUCE INTO
THE RECORD A DOCUMENT, ENTITLED "RESIDUE SAMPLE FROM THE OLD LOVE
CANAL," DATED MARCH 21, 1968, 11 YEARS AGO.
WOULD THE CLERK SUPPLY THE WITNESS WITH A COPY OF THE DOCUMENT.
MR. ECKHARDT. WITHOUT OBJECTION, IT WILL BE ENTERED IN THE RECORD AT
THIS POINT.
(THE DOCUMENT REFERRED TO FOLLOWS.)
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 042 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109981
49-738 1643
44-15
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REPORT STUDY
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TRANSCRIPT
INTERNAL MEMO
HOUSE
LABORATORY DEPT. MARCH 21, 1968
B L GBUREK WORKS CHEMIST
"OLD LOVE CANAL".
THE FOLLOWING ANALYSES WAS OBTAINED ON THE SUBMITTED RESIDUE SAMPLE:
97TH STREET DUMP "OLD LOVE CANAL" 3/15/68
TABLE OMITTED
THE SAMPLE WAS AN "OILY" LIKE RESIDUE THAT BURNED MUCH LIKE A 4TH OF
JULY "SPARKLER". THIS SUGGESTED THAT AN OXIDANT WAS PRESENT IN THE
MATERIAL. CHLORATE WAS IDENTIFIED BY A PRELIMINARY QUALITATIVE TEST.
HOWEVER, FURTHER WORK FAILED TO CONFIRM THE INITIAL IDENTIFICATION.
THE MANNER IN WHICH THE SAMPLE BURNS WOULD MORE THAN LIKELY CAUSE
CONSIDERABLE TROUBLE IN THE RESIDUE BURNER. IT SHOULD BE DISPOSED OF IN
SOME OTHER WAY.
F L ECHELBERGER
CC: F OLOTKA J BROGARD.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 043 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109982
49-738 1643
44-15
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HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MR. GORE. MR. OLOTKA, ARE YOU FAMILIAR WITH THIS DOCUMENT?
MR. OLOTKA. I HAVE A VAGUE RECOLLECTION. I COULD TRY TO ASSOCIATE
THE DOCUMENT WITH WHAT I THINK IT REFERS TO.
MR. GORE. THE MEMO SHOWS THAT AT THE TIME YOU RECEIVED A COPY OF
THIS DOCUMENT; CORRECT?
MR. OLOTKA. YES.
MR. GORE. AMONG OTHER THINGS, THE ANALYSIS SHOWS THE FOLLOWING
CONCENTRATIONS OF CHEMICALS BY PERCENTILE:
BENZOYL CHLORIDE, 1 PERCENT; O-CHLOROTOLUENE, 3 PERCENT;
P-CHLOROTOLUENE, 5 PERCENT; TOLUENE, 2 PERCENT.
MOREOVER, THE NARRATIVE SECTION OF THE MEMO STATES, AND I QUOTE:
"THE SAMPLE WAS AN OILY LIKE RESIDUE THAT BURNED MUCH LIKE A FOURTH OF
JULY SPARKLER."
THIS ANALYSIS SEEMS TO INDICATE TO ME THREE THINGS. FIRST, THAT SOME
TYPE OF ORGANIC RESIDUE WAS INDEED BEING FOUND AT THE LOVE CANAL.
MR. OLOTKA. THAT IS TRUE.
MR. GORE. SECOND, THAT HOOKER WAS MONITORING THE ACTIVITY AT THE
LOVE CANAL.
MR. OLOTKA. THIS IS NOT TRUE.
MR. GORE. I WILL COME BACK TO THAT.
THIRD, THAT KNOWLEDGE OF THE PRESENCE OF AN OIL RESIDUE, WHICH MANY
LOVE CANAL RESIDENTS COMPLAINED ABOUT, WAS IN YOUR HANDS AS EARLY AS
1968.
MR. OLOTKA. I WOULD LIKE TO REFRESH MY OWN MEMORY ON THIS POINT.
I BELIEVE IT WAS AT THIS TIME THAT THE LASALLE EXPRESSWAY WAS BEING
CONSTRUCTED.
DURING THE CONSTRUCTION, WHICH INCIDENTALLY WAS AT THE SOUTHERN END
OF THE CANAL AROUND FRONTIER AVENUE, WE RECEIVED A CALL AT OUR PLANT OF
MATERIAL THAT HAD ORGANICS, SEVERAL DRUMS, AND AN ODOR. THE RESIDENT
ENGINEER, WHOSE NAME I DON'T RECALL RIGHT NOW, WHO WAS PART OF THE DOT
THAT DID THE WORK, REQUESTED THAT WE COME DOWN AND FIND A PLACE TO BURY
THIS MATERIAL BECAUSE THEY FELT IT WAS HOOKER'S FORMER MATERIAL.
THE SAMPLE IN QUESTION, I BELIEVE, WAS TAKEN AT THAT TIME IN ORDER TO
IDENTIFY THAT. THE IDENTIFICATION IS SIMILAR TO THE MATERIALS THAT WE
DID INDEED BURY. THESE ARE ORTHO AND PARACHLOROTOLUENES, BENZOYL
CHLORIDES, AND SO FORTH.
THEY WOULD CONSIST OF THE MATERIALS PROBALY TAKEN FROM A DRUM OR
ADJACENT TO A DRUM. THEY WOULD BE THE LIQUID MATERIAL AND NOT THE
EARTH.
MR. GORE. WHAT WAS DONE?
MR. OLOTKA. WE SUBSEQUENTLY, WITH THEIR AGREEMENT, TOOK OUT
APPROXIMATELY 40 TRUCKLOADS TO OUR HYDE PARK SITE WHERE THEY WERE BURIED
IN A CLAY BARRIER. THAT WAS CAPPED OVER.
MR. GORE. WHY DID DOT WANT THE MATERIAL MOVED?
MR. OLOTKA. THEY HAD NO PLACE TO BURY IT.
MR. GORE. WAS IT BECAUSE IT WAS HAZARDOUS? WERE THEY AFRAID TO DIG
INTO IT?
MR. OLOTKA. I DON'T BELIEVE THEY WERE AFRAID TO DIG INTO IT, AS MUCH
AS THE FACT THAT IT WAS A CHEMICAL-TYPE OF RESIDUE.
MR. GORE. WHY WOULDN'T THE CITY MOVE THOSE CHEMICALS?
MR. OLOTKA. I REALLY DON'T KNOW THE ANSWER TO THAT ONE.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 044 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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TRANSCRIPT
INTERNAL MEMO
HOUSE
MR. GORE. I NOTE THAT SEVERAL YEARS LATER WELL WATER SAMPLE WERE
TAKEN.
MR. CZAPLA, YOU WORKED ON WELL WATER SAMPLING AT THE OLD LOVE
MR. GORE. THEY OWNED IT AT THAT POINT DIDN'T THEY?
WHY WOULD HOOKER FEEL ANY RESPONSIBILITY? YOU DIDN'T WHEN THE
CHILDREN WERE USING IT AS A PLAYGROUND. WHY DID YOU WHEN THE WORKERS
WERE APPREHENSIVE ABOUT DIGGING INTO IT TO BUILD A STREET?
MR. OLOTKA. I HAD A RESPONSIBILITY TO RESPOND TO THAT PARTICULAR
WASTE AT THAT TIME.
MR. GORE. WHY?
MR. OLOTKA. IT WAS A CHEMICAL WASTE.
MR. GORE. WERE YOU LEGALLY RESPONSIBLE? YOU HAD TRANSFERRED
OWNERSHIP. AND YOU HAD DONE IT WITH THIS FANCY DEED RESTRICTION WHICH
SAYS THAT NO LAWSUITS WILL LIE. WHY DID YOU FEEL A RESPONSIBILITY TO
MOVE THE WASTE FOR THE WORKERS AND NOT FOR THE KIDS?
MR. OLOTKA. I HAVE NO ANSWER FOR THAT ONE.
MR. GORE. THERE ARE A LOT OF PEOPLE WHO USED TO LIVE THERE WHO OWULD
LIKE TO KNOW THE ANSWER WHEN YOU COME ACROSS IT.
DID YOU TAKE OTHER SAMPLES AFTER THAT?
MR. OLOTKA. WE MAY HAVE, BUT I HONESTLY DON'T RECALL THAT.
CANAL SITE IN 1976 AND 1977, DIDN'T YOU?
MR. CZAPLA. YES.
MR. GORE. MR. CHAIRMAN, AT THIS POINT I WOULD LIKE TO INTRODUCE INTO
THE RECORD A MEMO FROM MR. CZAPLA TO MR. CARRENO DATED JUNE 21, 1977,
ENTITLED "LOVE CANAL MONITORING WELLS."
MR. ECKHARDT. WITHOUT OBJECTION, IT WILL BE ENTERED IN THE RECORD AT
THIS POINT.
(THE DOCUMENT REFERRED TO FOLLOWS.)
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 045 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
HOUSE
JUNE 21, 1977
TO: B J CARRENO
THE PURPOSE OF THE FIELD TRIP OF 5/20/77 WAS TO COLLECT EFFLUENT
SAMPLES CONTAINED IN SIX MONITORING WELLS AT THE LOVE CANAL SITE.
FIGURE 1 CONTAINS THE APPROXIMATE LOCATIONS OF THE WELLS. EACH WELL
WILL BE DISCUSSED SEPARATELY BELOW:
A. WELL NO. 1
WELL NUMBER 1 IS LOCATED AT THE NORTH END OF THE SITE NEAR COLVIN
BLVD. THIS WELL WAS APPROXIMATELY SUNK TO A DEPTH OF 4 FT. BELOW GRADE.
AT THE TIME OF SAMPLING THE WELL WAS DRY AND THERE WERE NO NOTICEABLE
ODORS EMANATING FROM IT.
B. WELL NO. 2
WELL NUMBER 2 IS A DEEP WELL LOCATED AT THE SOUTHEASTERN END OF THE
SITE. THE WELL CASING WAS SUNK TO BEDROCK WHICH IS LOCATED 43 FT. BELOW
GRADE. THE WATER LEVEL WAS LOCATED AT 34' 11" BELOW THE TOP OF THE
CASING. A SAMPLE WAS COLLECTED FOR CALSPAN AND HOOKER USING A DIP
BOTTLE TECHNIQUE. THE SAMPLE WAS CLEAR IN COLOR AND FREE OF ANY ORGANIC
OR UNUSUAL ODORS.
C. WELL NO. 3
WELL NUMBER 3 IS ALSO LOCATED AT THE SOUTHEASTERN SECTION OF THE
SITE. THE SHALLOW WELL WAS SUNK TO A DEPTH 4 FT BELOW THE GROUND LEVEL.
THE PERCHED WATER TABLE WAS LOCATED AT 5'5" BELOW THE TOP OF THE
CASING. A SAMPLE WAS CALLED BY CALSPAN USING AN ISCO SAMPLER. THIS IS
A PORTABLE PERISTALTIC PUMP TYPE SAMPLER. APPROXIMATELY 16 OUNCES OF
SAMPLE WAS COLLECTED. THE SAMPLE SIZE WAS SUCH THAT SPITTING OF SAMPLE
WITH HOOKER COULD NOT BE ACCOMPLISHED. THE LIQUID SAMPLE WAS DISCOLORED
BY SEDIMENT CONTAINED IN IT. AN ORGANIC TYPE ODOR WAS DETECTED.
D. WELL NO. 4
WELL NUMBER 4 IS LOCATED AT THE SOUTHWEST SECTION OF THE SITE. THE
SHALLOW WELL WAS SUNK TO AN APPROXIMATE DEPTH OF 4 FT. THE PERCHED
WATER LEVEL WAS LOCATED AT 6'2" BELOW THE TOP OF THE CASING. AGAIN,
SAMPLE SIZE WAS INSUFFICIENT TO FACILITATE A SPLIT SAMPLING BETWEEN
HOOKER AND CALSPAN. THE LIQUID SAMPLE COLLECTED BY CALSPAN WAS
DISCOLORED BY THE SEDIMENT CONTAINED IN IT. AN ORGANIC TYPE ODOR WAS
DETECTED.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 046 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109985
49-738 1643
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TRANSCRIPT
INTERNAL MEMO
HOUSE
E. WELL NO. 5
WELL NUMBER 5 IS A DEEP WELL EXTENDING TO BEDROCK WHICH IS LOCATED AT
39'6". THE WATER LEVEL WAS LOCATED AT 33'11" BELOW THE TOPE OF THE
CASING. A SAMPLE WAS COLLECTED FOR CALSPAN AND HOOKER USING A DIP
BOTTLE TECHNIQUE. THE SAMPLE WAS CLEAR IN COLOR AND FREE OF ANY ORGANIC
ODOR.
F. WELL NO. 6
WELL NUMBER 6 IS A SHALLOW WELL WHICH WAS SUNK TO A LEVEL 10 FT.
BELOW SURFACE GRADE. THE WELL WAS DRY AT THE TIME OF SAMPLING.
MR. RICHARD P LEONARD, ENVIRONMENTAL ENGINEER FOR CALSPAN STATED THAT
THE SAMPLES WOULD BE ANALYZED FOR CHLORINATED HYDROCARBONS. THE SAMPLES
WOULD BE ANALYZED UNDER THE DIRECTION OF JOHN MICHSLOVIC OF CALSPN USING
A GAS CHROMATOGRAPH/ELECTRON CAPTURE TECHNIQUE.
MR. LEONARD HAD REVIEWED GEOLOGICAL RECORDS OF THE SITE AND INDICATED
THAT THE FIRST 6 FT OF SUBSURFACE MATERIAL IS COMPOSED OF PERMEABLE
SANDY SILTS AND CLAYS. THE NEXT 20 FT OF SUBSURFACE MATERIAL IS
COMPOSED OF RELATIVELY IMPEREABLE HARD TYPE CLAYS.
THERE ARE EVIDENTLY TWO WATER TABLES AT THE SITE. ONE IS A PERCHED
TABLE LOCATED CLOSE TO THE SURFACE AND THE NATURAL WATER TABLE LOCATED
IMMEDIATELY ABOVE BEDROCK.
MR. LEONARD FEELS THAT THE NATURAL GROUNDWATER TABLE IS NOT
CONTAMINATED DUE TO THE EXTENT OF THE CALY LAYER. HE POSTULATES THAT
THE SILTY SAND LAYERS (AT 6 FT. IN DEPTH) IS CONTAMINATED WITH ORGANICS
AND THAT THE PERCHED WATER IS TRAVELING LATERALLY THROUGH THE LANDFILL.
SHOULD THIS PROVE TO BE THE CASE, MR. LEONARD WOULD RECOMMEND THE
INSTALLATION OF A PERIMETER DRAINAGE SYSTEM TO COLLECT LEACHATE WHICH
WOULD EXIT THE SITE LATERALLY. THIS COLLECTED MATERIAL WOULD HAVE TO BE
TREATED. ONE PROPOSAL IS TO TIE THE DRAINAGE SYSTEM INTO THE SANITARY
SEWER SYSTEM.
SINCE HOOKER COULD NOT OBTAIN SAMPLES FROM THE SHALLOW WELLS, MR.
LEONARD GAVE US APPROVAL TO SAMPLE THOSE WELLS ON OUR OWN AS SOON AS
THEY ARE RECHARGED WHICH SHOULD TAKE APPROXIMATELY ONE WEEK.
JAMES J CZAPLA ENVIRONMENTAL CONTOL
CC: TRJ G WOEHR
CC: RAB J WILKENFELD
CC: FTO J GREEN.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 047 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109986
49-738 1643
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HEARINGS
CORRESPONDENCE
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TRANSCRIPT
INTERNAL MEMO
HOUSE
FIGURE OMITTED.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 048 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109987
49-738 1643
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TRANSCRIPT
INTERNAL MEMO
HOUSE
MR. GORE. I WOULD LIKE TO PROVIDE THE WITNESS WITH A COPY.
THIS MEMO INDICATES THAT ON JUNE 20, 1976, YOU WENT TO THE CANAL SITE
TO COLLECT EFFLUENT SAMPLES FROM SIX MONITORING WELLS; IS THAT CORRECT?
MR. CZAPLA. RIGHT.
MR. GORE. HOW LONG HAD THESE MONITORING WELLS BEEN IN PLACE?
MR. CZAPLA. I THINK THEY WERE A RELATIVELY SHORT INSTALLATION.
CALSPAN HAD JUST INSTALLED THESE WELLS.
MR. GORE. THIS, THEREFORE, WAS THE FIRST TIME THAT HOOKER ANALYZED
EFFLUENT FROM MONITORING WELLS OR ANY OTHER LOCATION IN THE LOVE CANAL
AREA; CORRECT?
MR. CZAPLA. CORRECT. I THINK THERE WERE THREE SAMPLINGS. THEN WE
RAN THE ANALYSIS ON THESE THREE SAMPLINGS.
MR. WATSON. MR. GORE, DID YOU PLACE THE DATE AS 1976?
MR. GORE. NO; THE DATE OF THE MEMO WAS JUNE 21, 1977. THE MEMO
INDICATES THAT THE SAMPLING OCCURRED ON JUNE 20, 1976.
IF YOU WANT TO MODIFY THAT, PLEASE SPEAK UP.
MR. CZAPLA. I THINK IT WAS JUNE 20, 1977.
MR. GORE. SO THE MEO SHOULD INDICATE THAT THE SAMPLING TOOK PLACE ON
JUNE 20, 1977, WHICH WOULD HAVE BEEN ONE DAY PRIOR TO THE WRITING OF THE
MEMO?
MR. CZAPLA. CORRECT.
IT SAYS MAY 20 HERE, BUT I'M SURE IT WAS JUNE 20.
MR. TRUITT. I APOLOGIZE. OUR MEMOS SHOW MAY 20, 1977. DO YOURS
SHOW THE SAME THING?
MR. GORE. OK. LET THE RECORD BE CORRECTED ON THAT POINT.
MR. WATSON. I THINK THE WITNESS HAS TESTIFIED THAT THERE MAY HAVE
BEEN A TYPOGRAPHICAL ERROR AS TO THE MONTH BUT NOT AS TO THE YEAR.
MR. GORE. FINE.
AT ANY RATE, THIS WAS THE FIRST TIME -- AND THIS MOVES IT UP A YEAR
TO 1977 -- THAT HOOKER ANALYZED EFFLUENT FROM MONITORING WELLS OR A
LOCATION OF THIS KIND IN THE LOVE CANAL AREA; CORRECT?
MR. CZAPLA. CORRECT.
MR. GORE. WHEN WERE OTHER SAMPLES TAKEN?
MR. CZAPLA. I WENT BACK TWO OTHER TIMES. THAT WAS IN 1977, I
BELIEVE.
MR. GORE. WHAT WERE THE RESULTS?
MR. CZAPLA. ALL WE RAN ON IT WAS A TOTAL ORGANIC HALIDES. THOSE
RESULTS WERE QUESTIONABLE. ONE SAMPLE SHOWED CONTAMINATION IN THE
SHALLOW WELL, WHICH WOULD MONITOR THE SURFACE SEDIMENT OR THE SURFACE.
MR. GORE. THIS MEMO INDICATES ON JUNE 21, 1977, THAT WHEN YOU
EXAMINED THE WATER TAKEN FROM THE WELLS, "AN ORGANIC TYPE ODOR WAS
DETECTED." IS THAT CORRECT?
MR. CZAPLA. THAT IS CORRECT.
MR. GORE. THE MEMO ALSO DISCUSSED THE GENERAL HYDROLOGY OF THE AREA.
YOU STATED THAT MR. RICHARD P. LEONARD, ENVIRONMENTAL ENGINEERING FOR
CALSPAN, THE COMPANY THAT WAS ANALYZING THE WATER SAMPLES, INDICATED,
AND I QUOTE:
"THE SILTY SAND LAYER IS CONTAMINATED WITH ORGANICS. THE PERCHED
WATER IS TRAVELING LATERALLY THROUGH THE LANDFILL."
IS THAT CORRECT?
MR. CZAPLA. THAT'S CORRECT.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 049 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109988
49-738 1643
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INTERNAL MEMO
HOUSE
MR. GORE. THE MEMO, THEREFORE, SUGGESTS -- AND CORRECT ME IF I'M
WRONG -- THAT AT LEAST WO WELLS WERE CONTAMINATED WITH ORGANICS AND THAT
THESE MATERIALS WERE MIGRATING WITH THE GROUND WATER LATERALLY, PERHAPS
INTO RESIDENTIAL AREAS BEYOND THE CANAL SITE ITSELF.
MR. CZAPLA. THAT'S CORRECT.
MR. GORE. FURTHER, THE EVIDENCE THAT ORGANICS WERE IN AT LEAST ONE
WELL CAN BE FOUND IN THE RESULTS OBTAINED BY CALSPAN.
I WOULD LIKE TO INTRODUCE INTO THE RECORD AT THIS POINT THE AUGUST
23, 1977, MEMO TO BOWMAN FROM WOEHR.
I WOULD ASK THE STAFF TO PROVIDE THE WITNESS WITH A COPY OF THAT.
MR. ECKHARDT. WITHOUT OBJECTION, IT WILL BE ENTERED IN THE RECORD AT
THIS POINT.
(THE DOCUMENT REFERRED TO FOLLOWS.)
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 050 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
HOUSE
AUGUST 23, 1977
TO: R. A. BOWMAN
C.C. A. DAVIS
THE RESULTS OF TOTAL ORGANIC HALIDE (TOH) ANALYSES ON THREE SETS OF
LEACHATE SAMPLES FROM LOVE CANAL WELLS ARE SHOWN IN THE ATTACHED TABLE.
THE ANALYSIS WERE PERFORMED BY A CONTRACT ANALYTICAL LAB USING A
DOHRMANN COULIMETRIC SPPARATUS.
NOTE THAT THE SOLVENT "BLANK" EQUIVALENT TOH IS REASONABLE
CONSISTENT. THIS VALUE IS SUBTRACTED FROM THE SAMPLE RESULT TO OBTAIN
THE WELL RESULT. IN THE CASE OF THE 7-11 AND 7-27 SAMPLINGS THE "BLANK"
IS LARGE IN CONTRAST TO NOS. 2, 3 AND 5 WELL RESULTS.
THE ONLY WELL INDICATING "GROSS" CONTAMINATION IS NO. 4, ALTHOUGH
EVEN HERE ONLY A SINGLE SAMPLE WAS ANALYZED AND ADDITIONAL SAMPLES WOULD
BE REQUIRED TO REACH A STATISTICALLY VALID CONCLUSION.
G. C. WOEHR SUPPORT MANAGER CHEMICALS R&D.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 051 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109990
49-738 1643
44-15
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HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
TABLE OMITTED.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 052 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
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INTERNAL MEMO
HOUSE
MR. GORE. THE RESULTS OF THE WELL WATER TESTS SHOWED THAT WELL NO. 4
WAS INDEED CONTAMINATED WITH SOMEWHERE BETWEEN 9,000 AND OVER 11,600
PARTS PER BILLION TOTAL ORGANICS; IS THAT CORRECT?
MR. CZAPLA. IT INDICATED THAT ORGANICS WERE PRESENT; CORRECT.
MR. GORE. MR. CHAIRMAN, TO SUM UP, I THINK THAT THE RECORD PRESENTED
BY THESE MEMORANDA SHOW THAT AS EARLY AS 21 YEARS AGO, IN 1958, HOOKER
CHEMICAL CO. HAD EVIDENCE AVAILABLE TO IT THAT CHILDREN WERE USING THIS
AREA AS A PLAYGROUND AND HAD PROBABLY BEEN BURNED BY CHEMICALS SEEPING
FROM THE SITE. THAT 10 YEARS LATER, HOOKER ACCEPTED RESPONSIBILITY TO
MOVE THESE CHEMICALS WHEN A GOVERNMENTAL UNIT COMPLAINED THAT IT MAY
PRESENT SOME HAZARD TO THEM. YET THEY STILL, THROUGHOUT THE 21 YEARS,
NEVER ACCEPTED RESPONSIBILITY FOR THE CHILDREN WHO WERE IN THIS AREA OR
FOR THE HOMEOWNERS WHOSE BASEMENTS SUBSEQUENTLY BECAME POLLUTED WITH THE
CHEMICALS THAT WERE SEEPING INTO IT.
MR. WILKENFELD, WHEN YOU WERE AT HOOKER, DID ANYONE EVER SUGGEST OR
DISCUSS THE POSSIBILITY THAT THE CANAL WAS A PROBLEM FOR THE COMPANY AND
WAS GOING TO LIKELY CONTINUE TO BE A PROBLEM?
MR. WILKENFELD. THERE WERE DISCUSSIONS ON MANY OCCASIONS OVER THE
YEARS ABOUT THE PROBLEMS THERE AND HOW THEY MIGHT BE HANDLED. WE ALWAYS
FELT THAT IT WAS NECESSARY TO WORK WITH THE PUBLIC AUTHORITIES WHO HAD
THE TITLE AND OWNERSHIP OF IT IN DEVELOPING THE PROPER SOLUTIONS.
I THINK THIS SHOWS UP IN THE SAMPLING RESULTS THAT MR. CZAPLA JUST
TALKED OF IN THE CALSPAN WORK AND THE COOPERATIVE WORK WITH THE CITY AND
COUNTY IN DEVELOPING THE CONESTOGA ROVERS PLAN WHICH THE STATE PROCEEDED
TO IMPLEMENT.
MR. GORE. TWENTY-ONE YEARS AGO WHEN THIS INCIDENT OCCURRED WITH THE
CHILDREN BEING BURNED, DID THE COMPANY WARN ONLY THE SCHOOL BOARD OR DID
YOU TAKE ANY STEPS TO ALERT THE PEOPLE WHO LIVED THERE?
MR. WILKENFELD. IT WAS MY UNDERSTANDING THAT THE PEOPLE WHO LIVED IN
THE AREA KNEW THAT THIS WAS A FORMER CHEMICAL DUMP AND THAT THESE
MATERIALS WERE HAZARDOUS AND THAT THE CHILDREN SHOULD NOT GET IN THERE.
AS A MATTER OF FACT, ON THESE OCCASIONS WHEN CHILDREN WOULD GET INTO
MATERIAL LIKE THAT, THEY QUITE FREQUENTLY WOULD CALL OUR PLANT
DISPENSARY TO GET INFORMATION FROM THE NURSE ON TREATMENT OF IRRITATION
FROM THE CHEMICALS.
MR. GORE. ID YOU TELL THEM NOT TO PLAY IN THE AREA?
MR. WILKENFELD. I CAN'T SAY WHAT THE NURSE'S RESPONSE WAS.
MR. GORE. DI YOU TAKE ANY STEPS TO INFORM THE PEOPLE WHO LIVED
ADJACENT TO THE LOVE CANAL DUMP SITE TO INFORM THEM OF WHAT KINDS OF
CHEMICALS WERE IN THE DUMP SITE AND WHAT THE HAZARDS TO THEIR HEALTH
WERE?
MR. WILKENFELD. NO; WE DID NOT.
MR. GORE. WHY NOT?
MR. WILKENFELD. WE DID NOT FEEL THAT WE COULD DO THIS WITHOUT
INCURRING SUBSTANTIAL LIABILITIES FOR IMPLYING THAT THE CURRENT OWNERS
OF THE PROPERTY WERE DOING AN INADEQUATE CARE ON THE PROPERTY.
MR. GORE. IMPLYING THAT THE CURRENT OWNERS WERE NOT -- WAIT A
MINUTE. LET ME BACK UP AND GET THIS CLEAR IN MY MIND.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 053 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109992
49-738 1643
44-15
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HEARINGS
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ARTICLE CLIPPING
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INTERNAL MEMO
HOUSE
YOU HAD EVIDENCE AVAILABLE TO YOU THAT CHILDREN WERE USING IT AS A
PLAYGROUND AND HAD BEEN BURNED, PROBABLY BY THE CHEMICALS THERE. THEY
OFTEN CALLED UP THE DISPENSARY FOR MEDICAL ADVICE HOW DO YOU DEAL WITH
THESE PROBLEMS. YET YOU WERE RELUCTANT TO TELL THEM THAT THERE WAS A
HAZARD AND TELL THEM WHAT THE CHEMICALS WERE BECAUSE YOU WERE AFRAID
THAT YOU WOULD EXPOSE THE SCHOOL BOARD TO SOME LEGAL LIABILITY?
MR. WILKENFELD. YES.
MR. GORE. THAT SEEMS LIKE IT SURE DOES LIGHT THE PEOPLE WHO WERE
EXPOSED TO THE HEALTH HAZARD.
IF YOU WERE WORRIED ABOUT THAT, DID THAT ALSO MAKE YOU THINK THAT
MAYBE THE SCHOOL BOARD WOULD BE LESS THAN CANDID IN PASSINC ON YOUR
WARNINGS TO THE PEOPLE WHO LIVED THERE?
MR. WILKENFELD. I CAN'T SPEAK FOR THE SCHOOL BOARD.
MR. GORE. YOU SAY YOU WERE WORRIED ABOUT SAYING ANYTHING YOURSELF
BECAUSE YOU WOULD EXPOSE THE SCHOOL BOARD TO SOME LEGAL LIABILITY. IT
SEEMS TO ME THAT A LOGICAL CONCLUSION IS THAT YOU WOULD ALSO ASSUME THAT
THE SHCOOL BOARD WOULD BE RELUCTANT TO PASS THAT WARNING ON.
MR. WILKENFELD. AS I SAY
MR. TRUITT. CONGRESSMAN GORE, PERHAPS MR. OLOTKA CAN BE MORE
RESPONSIVE TO YOUR QUESTION IF THAT IS AGREEABLE TO YOU.
MR. GORE. I WANT TO FINISH WITH THIS WITNESS. YOU LIVED IN THIS
AREA AT THIS TIME DIDN'T YOUR?
MR. WILKENFELD. YES, SIR. EXCUSE ME. WHICH TIME?
MR. GORE. 1958.
MR. WILKENFELD. YES.
MR. GORE. YOU WOULD HAVE KNOWN IF THE SCHOOL BOARD PASSED ON ANY
KIND OF WARNING TO THE PEOPLE WHO LIVED ADJACENT TO THE CANAL WOULDN'T
YOUR?
MR. WILKENFELD. NOT NECESSARILY.
MR. GORE. IF THEY HAD DONE AN EFFECTIVE JOB, YOU WOULD HAVE.
MR. WILKENFELD. I MIGHT HAVE KNOWN; I MIGHT NOT HAVE. IT DEPENDS
ON HOW THEY DID IT.
MR. GORE. DI YOU EVER RECEIVE ANY REPORTS BACK THAT THEY DI PASS A
WARNING ON TO THE PEOPLE?
MR. WILKENFELD. NO.
MR. GORE. DI THAT MAKE YOU WONDER WHETHER OR NOT FURTHER STEPS OUGHT
TO BE TAKEN TO WARN THE PEOPLE WHO LIVED IN THE AREA OF THE HAZARDS THEY
FACED?
MR. WILKENFELD. IF I DID -- AND I DON'T RECALL AT THIS TIME I DIDN'T
DO ANYTHING ABOUT IT AT THAT TIME.
MR. GORE. HOW CLOSE TO THE CANAL DID YOU LIVE?
MR. WILKENFELD. I LIVED IN SEVERAL LOCATIONS IN NIAGARA FALLS.
PROBABLY THE CLOSEST WAS 4 MILES.
MR. GORE. I THINK THE RECORD WILL SPEAK FOR ITSELF, MR. CHAIRMAN.
CLEARLY, THE CONCERN ABOUT EXPOSING THE SCHOOL BOARD TO SOME LEGAL
LIABILITY SHOULD NOT HAVE OVERRIDDEN THE DUTY OF THE CORPORATION TO
INFORM THE CITIZENS OF THIS AREA -- OF THIS COMMUNITY WHICH HAS SERVED
YOU SO WELL -- OF THE HAZARDS THAT THEY FACED, PARTICULARLY WHEN YOU HAD
INFORMATION AVAILABLE TO YOU THAT CHILDREN WERE USING THE WHOLE AREA AS
A PLAYGROUND. NOT UNTIL 21 YEARS LATER WERE THEY EVACUATED.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 054 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109993
49-738 1643
44-15
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HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MR. TRUITT. CONGRESSMAN, GORE, MAY I JUST OBSERVE THAT THE WITNESS
IS NOT QUALIFIED TO OFFER ANY JUDGMENTS CONCERNING LIABILITY. HE WAS
ONLY SPEAKING FOR HIMSELF AS A PERSON IN THE CONTEXT OF HIS INFORMATION.
MR. ECKHARDT. THE RECORD WILL REFLECT WHO HE IS SPEAKING FOR.
MR. GORE. AND THE RECORD WILL ALSO REFLECT THE POSITION OF
RESPONSIBILITY THAT HE HELD WITHIN THE COMPANY WHICH COVERED THE AREA
THAT WE HAVE DESCRIBED EARLIER.
I JUST HAVE TO THINK THAT THE EVENTS AT LOVE CANAL WHICH WE SAW LAST
YEAR COULD HAVE BEEN AVOIDED IF THE FIRST WARNINGS WHICH WERE SO CLEAR
-- OF CHILDREN BURNED PLAYING ON TOP OF THE GORUND -- HAD BEEN HEEDED.
THIS WHOLE INCIDENT COULD HAVE BEEN COMPLETELY AVOIDED.
THANK YOU, MR. CHAIRMAN.
MR. ECKHARDT. THE SUBCOMMITTEE WILL RECESS UNTIL 2 O'CLOCK THIS
AFTERNOON.
(WHEREUPON, AT 12:28 P.M. THE HEARING RECESSED, TO RECONVENE AT 2
P.M. THE SAME DAY.)
(THE SUBCOMMITTEE RECONVENED AT 2 P.M., HON. BOB ECKHARDT, CHAIRMAN,
PRESIDING.)
MR. ECKHARDT. THIS MORNING WE WENT OVER THE AREAS IN NIAGARA FALLS
OTHER THAN THE S AREA. NOW I RECOGNIZE MR. LENT.
MR. LENT. THANK YOU, MR. CHAIRMAN.
I WOULD LIKE TO GET INTO THE S AREA DUMP SITE, GENTLEMEN, ANOTHER
SITE LOCATED IN NIAGARA, N.Y. IT IS ALSO KNOWN AS THE RIVER FRONT
LANDFILL.
IT CONSISTS OF AN AREA LONG THE NIAGARA RIVER WHICH WAS USED AS A
DISPOSAL SITE BY HOOKER CHEMICAL CO. FROM 1947 UNTIL 1970.
ACCORDING TO HOOKER DOCUMENTS, OVER 74,000 TONS OF CHLORINATED
HYDROCARBON AND OTHER CHEMICAL PRODUCT WASTES WERE DEPOSITED AT THIS
LOCATION. THESE CHEMICAL WASTES INCLUDE LARGE AMOUNTS OF BENZENE AND
OTHER COMPOUNDS WHICH ARE KNOWN OR ARE USSPECTED CARCINOGENS.
THE S AREA IS A FILL AREA RECLAIMED FROM THE RIVER IN THE LATE
1930'S. THE DUMP SITE ITSELF BORDERS LAND UPON WHICH THE NIAGARA CITY
WATER WORKS IS LOCATED.
OVER THE YEARS, REPORTS HAVE DISCLOSED THAT POLLUTION AND
CONTAMINANTS HAVE ENTERED THE DRINKING WATER FACILITY. ON AT LEAST WO
OCCASIONS WITHIN THE LAST 10 YEARS, THE FORE BAYS FRO THE WATER SYSTEM
HAD TO BE CLEANED OUT BECAUSE THEY WERE GLUTTED WITH THICK ORGANIC
CHEMICAL WASTE.
IN AUGUST OF 1978, SEDIMENT SAMPLES WERE SHOWN TO CONTAIN EXTREMELY
HIGH LEVELS OF TOXIC ORGANIC HCEMICALS, THE SAME CHEMICALS DUMPED IN THE
S AREA SITE.
SOME WATER PLANT WORKERS AND OTHERS BELIEVE THAT THE CONTAMINATION IS
A DIRECT RESULT OF LEACHATE FROM THE S AREA DUMP.
MR. WILKENFELD, YOU WERE SUPERVISOR OF WASTE DURING THE TIME THE S
AREA WAS UTILIZED. WOULD YOU DESCRIBE FOR THE SUBCOMMITTEE HOW WASTE
WERE DUMPED AT THIS SITE?
MR. WILKENFELD. THERE WERE SEVERAL KINDS OF WASTES THAT WERE TAKEN
TO THIS SITE, SOME OF WHICH WERE TAKEN IN DRUMS AND OTHERS TAKEN IN BULK
TRAILERS.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 055 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109994
49-738 1643
44-15
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CORRESPONDENCE
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ARTICLE CLIPPING
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INTERNAL MEMO
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THE NORMAL PROCEDURE WAS TO HAVE SEVERAL DITCHES DUG IN THE SITE INTO
WHICH THE WASTES WERE PLACED, DEPENDING ON THEIR CHEMICAL
CHARACTERISTICS -- THAT IS, ACIDIC MATERIALS AND ALKALINE MATERIALS WERE
PLACED IN DIFFERENT TRENCHES.
MR. LENT. WERE THE DRUMS PUNCTURED AND ROLLED INTO THE TRENCHES OR
WERE THE DRUMS JUST THROWN IN THERE?
MR. WILKENFELD. SOME WERE. THOSE THAT CONTAINED MATERIALS REACTIVE
WITH WATER WERE PUNCTURED TO PERMIT THE CONTENTS TO REACT WITH THE WATER
IN THE DUMP.
MR. LENT. AND IN SOME CASES, TRUCKS WERE BACKED UP TO THE SITE AND
THE SPIGOTS WERE OPENED AND THE CHEMICALS WERE PERMITTED TO POUR INTO
THE SITE: ISN'T THAT CORRECT?
MR. WILKENFELD. YES.
MR. LENT. I WOULD LIKE TO INTRODUCE INTO THE RECORD A DOCUMENT
CONCERNING THE DISPOSAL PRACTICES AT THIS SITE. THE DOCUMENT IS
ENTITLED, "MEETING IN ROOM 310 WITH JOHN GIBSON, RWF, RJS." IT IS DATED
FEBRUARY 5, 1975.
MR. ECKHARDT. WITHOUT OBJECTION, IT WILL BE ENTERED IN THE RECORD AT
THIS POINT.
(THE DOCUMENT REFERRED TO FOLLOWS.)
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 056 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109995
49-738 1643
44-15
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INTERNAL MEMO
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MICROFORM REFILMED; SEE APPENDICES
1. GIBSON SAYS FLATLEY DO NOT DIG ANYWHERE ON DEBRIS, IT IS TOTALLY
UNDERMINED WITH BURIED TANKS AND DRUMS.
2. MAY BE 50-100,000 DRUMS BURIED THERE.
3. TRENCHES WERE DUG AT ONE TIME WERE RESIDUE WAS DUMPED DIRECTLY.
THERE WERE 15-18 FT. DEEP IN A N-S DIRECTION.
4. BEEN DUMPING THERE 20 YEARS OR SO.
5. ANY 10 FT SQUARE AREA YOU PICK, DIGGING TWO FEET ALMOST ANY
DIRECTION SOMETHING WILL BE HIT.
6. MATERIALS BURIED THERE INCLUDE BENZENE TANKS, SULFUR MONO, SULFUR
DI AND THIONYL CHLORIDE RESIDUES.
7. COULD HAVE FIRES AND/OR REACTIONS IF WE HIT THIS JUST RIGHT.
8. HEAVY EQUIPMENT WOULD SINK IN SOME AREAS. HAZARDOUS.
9. INSTALLING A SEWER LINE AT S AREA DOESN'T SOUND GOOD TO ME.
10. MOST OF THINYL DRUMS PUNCTURED BEFORE BURIAL.
MAP OMITTED.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 057 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109996
49-738 1643
44-15
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HEARINGS
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INTERNAL MEMO
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MAP OMITTED.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 058 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109997
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
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MAP OMITTED.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 059 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109998
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INTERNAL MEMO
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MICROFORM REFILMED; SEE APPENDICES
MR. LENT. THIS DOCUMENT, WHICH IS WRITTEN IN HAND AND CONTAINS ON
THE FACE OF IT A DIAGRAM, GRAPHICALLY DESCRIBES THE MATERIALS BURIED IN
THE S AREA.
TO YOUR KNOWLEDGE, DOES THIS MAP ACCURATELY REFLECT WHAT IS IN THE
DUMP SITE?
MR. WILKENFIELD. TO THE EXTENT THAT I REMEMBER, IT DOES.
MR. LENT. MR. GIBSON'S DESCRIPTION, AS CONTAINED IN THE MEMO,
SUGGESTS THAT DIGGING IN THE AREA WOULD BE EXTREMELY HAZARDOUS. WOULD
YOU AGREE WITH HIS OPINION?
MR. WILKENFIELD. I THINK MR. GIBSON PROBABLY IS A GOOD JUDGE OF WHAT
IS SAFE TO DO THERE.
MR. LENT. FOR EXAMPLE, IN ITEM ONE IN THE MEMO, HE SAYS:
GIBSON SAYS FLATLEY DO NOT DIG ANYWHERE ON S AREA. IT IS TOTALLY
UNDERMINED WITH BURIED TANKS. MAY BE 50,000 TO 100,000 DRUMS BURIED
THERE. TRENCHES WERE DUG AT A TIME WHEN RESIDUE WAS DUMPED DIRECTLY.
THESE WERE 15 TO 18 FEET DEEP IN A NORTH/SOUTH DIRECTION. BEEN DUMPING
THERE 20 YEARS OR SO. ANY 10-FOOT SQUARE AREA YOU PICK, DIGGING 2 FEET
ALMOST GUARANTEES SOMETHING WILL BE HIT. MATERIALS BURIED THERE INCLUDE
BENZENE TANKS, SULFUR MONO, SULFUR DI, AND THIONYL CHLORIDE RESIDUES.
COULD HAVE FIRES AND/OR REACTION IF WE HIT THIS JUNK. HEAVY EQUIPMENT
COULD SINK IN SOME AREAS. HAZARDOUS."
IT GOES ON AND ON.
MR. WILKENFELD, YOU WORKED WITH MESSRS. CONTE AND GIBSON AT ONE TIME
DID YOU NOT?
MR. WILKENFELD. YES.
MR. LENT. AND DID YOU HAVE KNOWLEDGE THAT AT LEAST PART OF THE AREA
USED FOR DUMPING HAD BEEN RECLAIMED FROM THE RIVER?
MR. WILKENFELD. I AM NOT SURE I KNOW EXACTLY WHEN I FOUND OUT THAT
PART OF THE AREA HAD BEEN RECLAIMED FROM THE RIVER, BUT I DID KNOW IT
HAD BEEN.
MR. LENT. FROM AN INSPECTION OF THE DUMP SITE, WOULD YOU SAY THAT
THE AREAS WAS RATHER POROUS?
MR. WILKENFELD. I WOULD SAY SO.
MR. LENT. BECAUSE OF THE POROSITY OF THE LAND, ISN'T IT POSSIBLE
THAT THE LIQUID CHEMICALS IN THE DUMP SITE COULD HAVE MIGRATED TOWARD
THE NIAGARA DRINKING WATER PLANT?
MR. WILKENFELD. THAT'S POSSIBLE.
MR. LENT. ISN'T IT ALSO POSSIBLE THAT THE MATERIALS FOUND IN THE
INTAKE SYSTEM OF THE WATER PLANT ACTUALLY CAME FROM THE DUMP?
MR. WILKENFELD. THAT I CAN'T ATTEST TO. WE HAVE STATED THAT SOME OF
THE MATERIALS FOUND IN THE DRINKING WATER PLANT ARE MATERIALS WE
MANUFACTURE. EXACTLY HOW THEY GOT THERE IS THE SUBJECT OF DETERMINATION
RIGHT NOW BY AN EXTENSIVE SAMPLING PROGRAM.
MR. LENT. IS THERE ANY OTHER CHEMICAL PLANT IN THE VICINITY THAT
COULD HAVE PRODUCED THOSE CHEMICALS THAT WERE FOUND IN THE CITY OF
NIAGARA'S WATER SUPPLY?
MR. WILKENFELD. THE WHOLE AREA WAS USED AS A DUMP SITE BEFORE WE
ACQUIRED IT. SOME OF THE CHEMICALS FOUND THERE ARE CHEMICALS THAT WE
MANUFACTURE.
MR. LENT. HAVE YOU BEEN ASKED TO COMMENT ON THIS OR DON'T YOU HAVE
AN OPINION BY ANYONE ELSE?
MR. WILKENFELD. TO COMMENT ON WHAT SPECIFICIALLY?
MR. LENT. ON THE MATERIAL FOUND IN THE INTAKE SYSTEM OF THE NIAGARA
CITY WATER SUPPLY.
MR. WILKENFELD. NO, I HAVEN'T BEEN ASKED TO COMMENT.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 060 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
109999
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MICROFORM REFILMED; SEE APPENDICES
MR. LENT. HAVE YOU EVER PARTICIPATED IN FORMAL OR INFORMAL
DISCUSSIONS WITH COMPANY PERSONNEL ABOUT THE POSSIBILITY THAT THE S AREA
CHEMICALS MAY BE MIGRATING INTO THE PUMPING STATION AREA?
MR. WILKENFELD. YES.
MR. LENT. WILL YOU TELL US WHAT THE NATURE OF THAT DISCUSSION WAS -
OR THOSE DISCUSSIONS?
MR. WILKENFELD. THESE WERE DISCUSSIONS AMONG TECHNICAL PEOPLE IN THE
COMPANY'S ORGANIZATION AS TO WHAT WE KNOW OF THE AREA AND WHAT THE
POSSIBILITIES ARE THAT THERE WAS MIGRATION AND WHAT EVIDENCE THERE MIGHT
BE THAT THESE, IN FACT, DID GET INTO THE CITY WATER SYSTEM BY
UNDERGROUND MIGRATION.
MR. LENT. HOW MANY OF THESE DISCUSSIONS WOULD YOU SAY YOU HAD?
MANY? A FEW?
MR. WILKENFELD. A FEW.
MR. LENT. FOUR OR FIVE?
MR. WILKENFELD. PROBABLY ON THAT ORDER.
MR. LENT. OVER A PERIOD OF HOW LONG?
MR. WILKENFELD. SINCE THE SAMPLES THAT WERE TAKEN BY THE CITY
RECENTLY WERE ANALYZED AND FOUND TO CONTAIN MATERIALS THAT ARE COMMON TO
OUR MANUFACTURING FACILITY.
MR. LENT. COULD YOU GIVE US THE NAMES OF ANY OTHER COMPANY OFFICIALS
WHO WERE PRESENT DURING THESE CONVERSATIONS?
MR. WILKENFELD. BRUCE DAVIS, FOR ONE; J. JULL, FOR ANOTHER.
MR. LENT. ANYONE ELSE?
MR. WILKENFELD. RIGHT OFFHAND I CAN'T THINK OF ANY OTHERS.
MR. LENT. I WONDER, MR. CHAIRMAN, IF WE COULD HOLD THE RECORD OPEN
AT THIS POINT AND ASK MR. WILKENFELD IF HE WILL SUPPLY THE NAMES AND
DATES OF THE VARIOUS MEETINGS AND THE PEOPLE WHO ATTENDED THOSE
MEETINGS.
MR. ECKHARDT. COULD YOU DO THAT?
MR. WILKENFELD. I COULDN'T SUPPLY YOU WITH THE DATES, BECAUSE I:
MR. LENT. THE APPROXIMATE DATES. THE PARAMETERS OF THE DATES.
MR. WILKENFELD. IT IS GOING TO BE VERY ROUGH, BECAUSE THESE ARE VERY
INFORMAL DISCUSSIONS. THERE WERE NOT ANY FORMAL MEETINGS AT WHICH I
TOOK ANY NOTES OR MINUTES THAT I COULD REFER TO.
MR. LENT. ALL RIGHT.
MR. EDKHARDT. WITHOUT OBJECTION, THE RECORD WILL BE HELD OPEN AT
THIS POINT TO RECEIVE THE MATERIAL REQUESTED.
(SEE APPENDIX C, P. 1703.)
MR. LENT. A HOOKER MEMORANDUM STATES THAT:
J. GIBSON RECALLED THAT THE BULKHEAD APPLIED BY THE ROAD CREWS DURING
THE CONSTRUCTION OF THE ROBERT MOSES PARKWAY ACTED LIKED A SEAL AND
RESULTED IN WASTE BACKUP PROBLEMS DURING NEW ENTRENCHING OPERATIONS.
DO YOU HAVE KNOWLEDGE OF THAT SITUATION?
MR. WILKENFELD. I REMEMBER HEARING OF THAT.
MR. LENT. DO YOU REMEMBER WHAT IT WAS THAT YOU HEARD?
MR. WILKENFELD. I HEARD ESSENTIALLY WHAT YOU HAVE QUOTED THERE.
MR. LENT. I WOULD LIKE TO ASK ALL OF THE PANELISTS THE FOLLOWING
QUESTION:
IF THE NATURAL GROUND WATER FLOW WAS TOWARD THE RIVER AND THE
BULKHEAD STOPPED THAT FLOW, WHERE COULD THE UNDERGROUND WATER GO?
LET'S START WITH MR. CARRENO. DIRECTION. I THINK A HYDROGEOLOGIST
WOULD HAVE TO SAY. BUT IT COULD FOLLOW THAT SEAL AND FLOW TO THE WEST;
IT COULD POSSIBLY GO TO THE EAST; IT MAY HAVE GONE NORTH. I DON'T KNOW
ENOUGH ABOUT THE GEOLOGY, BUT IT MIGHT HAVE GONE DOWN.
MR. LENT. IT COULD MIGRATE TOWARD THE WATER SUPPLY.
MR. CARRENO. THAT WOULD BE ONE POSSIBILITY.
MR. LENT. MR. CZAPLA, CAN YOU ANSWER THAT QUESTION? WHERE DO YOU
THINK THE UNDERGROUND WATER COULD GO?
MR. CZAPLA. I ONLY CAN SPECULATE AT THIS TIME, BUT IT WOULD BE
DEPENDENT ON THE EXTENT OF A CLAY SEAL AND WHETHER OR NOT THERE WAS A
WINDOW OR A HOLE IN THAT CLAY SEAL ITSELF.
THAT IS WHAT WE ARE DOING AT THIS TIME. WE HAVE A HYDROGEOLOGIST TO
DETERMINE WHAT THE GROUND WATER FLOW IS.
THE HIGHWAY IS STILL THERE, AND THE SAME CONDITIONS SHOULD STILL
EXIST TODAY. WE WILL BE IN A BETTER POSITION ONCE WE OBTAIN OUR WATER
LEVELS ON THESE WELLS TO TELL EXACTLY WHICH WAY THE WATER IS TRAVELING
IN THAT AREA.
WE HAVE, IN THE PLAN ITSELF, WHAT BRUCE DAVIS SAID BEFORE, IS
APPROXIMATELY 72 WELLS. WE ALSO HAVE SOME ON THE CITY PROPERTY.
ONCE WE DETERMINE WHAT THE LEVELS OF WATER IN THE WELL ARE, WE CAN
PUT TOGETHER A WATER TABLE MAP FROM WHICH WE SHOULD BE ABLE TO DETERMINE
WHICH WAY THE GROUND WATER FLOWS.
MR. LENT. MR. OLOTKA, DO YOU HAVE AN OPINION WHERE THAT GROUND WATER
WOULD GO?
MR. OLOTKA. CAN I GO UP AND USE THE MAP?
MR. LENT. SURELY.
MR. OLOTKA. THE 70-SOME-ODD WELLS THAT ARE PERIPHERAL TO THE SURVEY
ACTUALLY AMOUNT TO DOUBLE THAT.
WE DO GO DOWN TO BEDROCK. WE GO TO THE CLAY BARRIER.
THERE ARE SEVERAL FACTORS TO CONSIDER - TECHNICAL FACTORS - AS TO
WHICH WAY THE WATER COULD FLOW. IT IS GOING TO TAKE SEVERAL MONTHS
BEFORE WE ARE ABLE TO DETERMINE THE DEPTH OF THE WATER IN THE WELLS, THE
VOLUME OF THE WATER IN THE WELLS, AND TRAVEL BEFORE WE CAN ASCERTAIN THE
ANSWER TO YOUR QUESTION. ANYTHING LESS THAN THAT IS SUPPOSITION AT THIS
POINT.
THIS PARTICULAR AREA HAD A CONCRETE BARRIER PUT IN WHEN THE POWER
PROJECT WAS BUILT. IF I RECALL CORRECTLY, IT WENT DOWN TO BEDROCK.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 061 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110000
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MICROFORM REFILMED; SEE APPENDICES
IN ADDITION TO THAT, WE HAVE HYDRAULIC PRESSURE APPLIED BY A
TRUNCATED HIGHWAY, WHICH IS AN ELEVATED HIGHWAY, BOTH OF WHICH WERE PUT
IN AFTER THE DUMP HAD BEEN USED.
THE TRAVEL COULD GO IN THIS DIRECTION, THIS DIRECTION, THIS WAY, OR
STRAIGHT THROUGH. IT MAY BE INHIBITED; WE DON'T KNOW AT THIS TIME.
IN ADDITION TO THAT, IN THIS PARTICULAR AREA, WE HAVE TWO GIANT
CONDUIT LINES, BIGGER THAN THIS ROOM, TAKING WATER TO THE RESERVOIR
SYSTEM FOR THE POWERPLANT. THAT, IN ITSELF, IS A POTENTIAL BARRIER TO
STOP IT.
MY POINT IS THAT AT THIS TIME IN ORDER TO GET THE COMPLETE TECHNICAL
PICTURE, IT WOULD STILL TAKE SEVERAL MONTHS THROUGH OUR HYDROGEOLOGIST
TO ASCERTAIN THIS TRAVEL. WE FEEL VERY SURE THAT WE WILL BE IN A
POSITION OF ANSWERING THE QUESTION WHEN THOSE FACTS ARE PUT IN.
MR. LENT. THERE IS NO QUESTION IN YOUR MIND THAT THE WATER AND THE
CHEMICALS IN IT COULD HAVE MIGRATED TOWARD THE CITY OF NIAGARA'S WATER
SUPPLY?
MR. OLOTKA. THERE IS ALWAYS THE POSSIBLITY OF MOVEMENT ANYWHERE IN A
360 DEGREE DIRECTION. UNLESS PROVEN TECHNICALLY, I CAN'T ANSWER THAT
ANY BETTER THAN THAT SUPPOSITION.
MR. LENT. THERE WAS NO BARRIER THAT YOU WERE AWARE OF BETWEEN THE
DUMPSITE AND THE WATERPLANT TUNNELS OR THE PUMPHOUSE?
MR. OLOTKA. THAT IS CORRECT.
MR. LENT. THANK YOU.
MR. WILKENFELD, AT THE TIME OF THE DUMPING OPERATIONS IN THE 1950'S
DID YOU HAVE ANY KNOWLEDGE INDICATING THAT THE LAND CONSISTED OF FILLED
MATERIALS?
MR. WILKENFELD. AS I SAID EARLIER, I'M NOT SURE EXACTLY WHEN WHEN IN
THE COURSE OF THE YEARS I LEARNED THAT THAT WAS A FILLED AREA. I KNOW
IT WAS SOMETIME AFTER FILLING HAD STARTED IN THAT AREA. BUT JUST WHEN
IT WAS I DON'T KNOW PROBABLY SOMETIME IN THE 1950'S. BUT I COULDN'T SAY
WHEN.
MR. TRUITT. MR. CHAIRMAN, MAY I ASK THAT THE RECORD REFLECT THAT THE
FACILITY NEXT TO THE S AREA IS PROPERLY KNOWN AS THE WATER TREATMENT
PLANT AND NOT THE CITY WATER SUPPLY?
MR. LENT. IT IS NOT A WASTE WATER TREATMENT PLANT IS IT? IT IS THE
DRINKING WATER TREATMENT PLANT FOR THE CITY OF NIAGARA.
MR. TRUITT. THAT IS CORRECT.
I THINK THE RECORD MIGHT ALSO REFLECT THAT THE INTAKE FOR THAT WATER
TREATMENT PLANT IS SUBSTANTIALLY UPSTREAM.
MR. LENT. WE HAD SOME TESTIMONY HERE IN MARCH FROM MR. ROBERT
MATTHEWS, THE NIAGARA FALLS DIRECTOR OF UTILITIES, WHO TESTIFIED THAT
THE INTAKE PIPES FOR THAT WATER TREATMENT PLANT WERE RIGHT OUT IN FRONT
OF THE WATER FACILITY.
MR. TRUITT. I AM NOT SWORN AND CANNOT OFFER TESTIMONY.
MR. LENT. MR. WILKENFELD, ARE YOU FAMILIAR WITH WHERE THE INTAKE
PIPES ARE FOR THE CITY OF NIAGARA WATER TREATMENT PLANT?
MR. WILKENFELD. THE INTAKES FOR THE CITY OF NIAGARA FALLS WATER
SUPPLY PLANT ARE LOCATED ACROSS THE RIVER BEYOND WHAT IS KNOWN AS GRAND
ISLAND OVER IN WHAT WAS CALLED THE EMERALD CHANNEL. IT IS APPROXIMATELY
A MILE ACROSS THE RIVER.
MR. LENT. HOW DO YOU EXPLAIN, IF YOU WOULD CARE TO TRY TO EXPLAIN,
THE FACT THAT THE CHEMICALS WERE FOUND RIGHT NEXT DOOR TO YOUR DUMPING
FACILITY WITHIN THE WATER PIPES AND FILTERS AND OTHER APPURTENANCES OF
THE NIAGARA CITY WATER TREATMENT PLANT?
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 062 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110001
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MICROFORM REFILMED; SEE APPENDICES
MR. WILKENFELD. THAT IS PRECISELY WHAT WE ARE TRYING TO FIND OUT.
MR. LENT. IT IS A GREAT MYSTERY.
MR. WILKENFELD. THAT'S RIGHT.
WE RECOGNIZE THE MATERIALS AS BEING MATERIALS WE MANUFACTURE, AND WE
WANT TO FIND OUT HOW THEY ARE GETTING THERE SO THAT IF THEY ARE GETTING
THERE FROM THAT AREA, WE CAN STOP IT.
MR. LENT. BUT YOU DO RECOGNIZE THAT THESE CHEMICALS ARE CHEMICALS
THAT YOU MANUFACTURE?
MR. WILKENFELD. OH, YES.
MR. LENT. WHEN MR. MATTHEWS TESTIFIED BEFORE THE SUBCOMMITTEE, HE
HAD SOME VERY FAVORABLE STATEMENTS TO MAKE ABOUT THE HOOKER CHEMICAL CO.
FOR EXAMPLE, HE STATED:
DURING THE TIME WHEN HOOKER HAS BEEN UNDER FIRE AND THEIR LABORATORY
HAS BEEN INUNDATED WITH SAMPLES FOR THEMSELVES, EACH AND EVERY TIME THAT
I WENT TO THEM ASKING FOR LABORATORY TIME, I GOT IT. IT WAS THROUGH
THEM THAT I GOT MUCH OF MY DATA VERIFIED. I WENT OUT TO THE CARBORUNDUM
CO. FOR MY MAIN DATA.
BUT, AGAIN, IN ALL PRUDENCE, YOU MUST VERIFY YOUR DATA. SO IN
VERIFICATION OF MY DATA AND FOR THE QUICK-LOOK DATA AS TO WHAT I WAS
GOING TO DO THE NEXT DAY, IT CAME FROM HOOKER.
WOULD YOU DESCRIBE HOOKER'S RELATIONSHIP WITH MR. MATTHEWS?
MR. WILKENFELD. OUR RELATIONSHIP WITH THE CITY OF NIAGARA FALLS
EXTENDS BACK APPROXIMATELY 75 YEARS. WE HAVE ALWASY TRIED TO BE A GOOD
NEIGHBOR IN THE AREA. IF THE CITY NEEDS A SERVICE THAT WE CAN PROVIDE,
AND WE HAVE WHAT IS PROBABLY THE BEST ANALYTICAL LABORATORY AND
CHEMICALS OF THAT SORT IN WESTERN NEW YORK, IF NOT THAT PART OF THE
COUNTRY, WE DO IT, ESPECIALLY IF IT IS A SITUATION LIKE THIS WHERE THERE
IS SOME CONCERN ABOUT THE QUALITY OF THE CITY DRINKING WATER. WE WOULD
IMMEDIATELY GIVE THAT A PRIORITY.
MR. LENT. I REMEMBER THAT DAY THAT MR. MATTHEWS TESTIFIED. I FOUND
IT ALMOST INCONCEIVABLE - AND I THINK MANY OTHERS MEMBERS OF THE
COMMITTEE DID ALSO - THAT WHEN IT CAME TIME FOR THE CITY TO TRY TO
DETERMINE WHERE THE CHEMICALS CAME FROM AND WHAT THE CHEMICAL CONTENT OF
THE WATER SUPPLY WAS, THEY WENT TO HOOKER, THE NO. 1 SUSPECT, YOU MIGHT
SAY, IN THE CAPER, WHICH WAS NEXT DOOR, TO PERFORM THE ANALYSIS.
MR. WILKENFELD. I THINK THAT THE ANSWER TO THAT ONE LIES IN THE FACT
THAT WE HAVE ALWAYS PRIDED OURSELVES IN BEING FRANK, OPEN, AND HONEST
WITH AGENCIES, WITH GOVERNMENT ORGANIZATIONS, AND TRUSTWORTHY.
WE DON'T LOOK AT THIS SITUATION AS AN ADVERSARY SITUATION WHERE IT IS
A WE AND THEY OR BLACK HAT/WHITE HAT OR WHATEVER YOU WANT TO CALL IT.
IT IS A PROBLEM OF MUTUAL CONCERN WHICH HAS TO BE RESOLVED AS QUICKLY AS
POSSIBLE AND IN THE BEST INTEREST OF ALL.
THE LAST THING IN THE WORLD WE WOULD TRY TO DO IS TO FUDGE DATA OF
THAT SORT.
I THINK MR. MATTHEWS, IN HONESTY AND IN FAIRNESS TO HIS JOB, HAD
THESE RESULTS CHECKED OUTSIDE. BUT HE NEEDED SOME QUICK ANSWERS, AND HE
FELT HE COULD GET THEM. HIS EXPERIENCE WAS THAT HE COULD TRUST US.
MR. LENT. HE DID TESTIFY THAT HE CHECKED THEM WITH CARBORUNDUM CO.,
AS WELL AS HOOKER.
IS THERE ANY BUSINESS RELATIONSHIP THAT EXISTS BETWEEN HOOKER AND
CARBORUNDUM?
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 063 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110002
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MICROFORM REFILMED; SEE APPENDICES
MR. WILKENFELD. NONE, OTHER THAN THAT WE ARE TWO CORPORATIONS
OPERATING IN THE SAME CITY.
I'M NOT SURE THAT THIS IS THE CARBORUNDUM LABORATORY IN NIAGARA FALLS
HE IS TALKING ABOUT. MR. OLOTKA COULD ANSWER THAT.
MR. OLOTKA. NO. IT IS THE CALIFORNIA LABS.
IN ANSWER TO YOUR QUESTION, AND KNOWING HOW OTHER QUESTIONS ARE
WORDED, I WOULD HAVE TO ANSWER THAT SUBSEQUENTLY WE HAVE SENT OTHER
SAMPLES TO THE CARBORUNDUM LAB COMPLETELY DIVORCED FROM THE S AREA IN
ORDER TO GET BACKUP FOR OUR OWN ANALYTICAL FACILITIES.
THE NUMBER OF SAMPLES WE ARE NOW GOING THROUGH, AS MR. DAVIS
EXPLAINED, RUN INTO THE THOUSANDS.
WHEN YOU TAKE EACH INDIVIDUAL ANALYSIS, YOU ARE PROBABLY INTO THE TEN
THOUSANDS.
WE CANNOT CONTINUE TO COPE WITH THIS IN OUR OWN ANALYTICAL
LABORATORIES, EITHER THE RESEARCH DEPARTMENTS OR THE PRODUCTION
DEPARTMENTS.
WE INDEED, DO BUSINESS, TO SOME EXTENT, ANALYTICALLY WITH THE
CARBORUNDUM WEST COAST LABORATORIES.
AS I UNDERSTAND IT, THIS IS A SATELLITE FUNCTION OF THE CARBORUNDUM
CO.
MR. LENT. DO ANY OF YOU GENTLEMEN KNOW WHETHER AT ANY TIME MR.
MATTHEWS, THE NIAGARA FALLS DIRECTOR OF UTILITES, WAS EVER EMPLOYED IN
ANY WAY AS A CONSULTANT OR ANY OTHER WAY BY HOOKER CHEMICAL CO.?
MR. OLOTKA. NO.
I HAD SOME BACKGROUND ON MR. MATTHEWS AS A MEMBER OF THE INDUSTRY
LIAISON COMMITTEE FOR THE WASTE WATER TREATMENT PLANT OF NIAGARA FALLS.
I DO RECALL WHEN WE HIRED HIM THAT HE CAME FROM THE WEST COAST. HE
HAD BEEN IN SEVERAL JOBS - TWO OR THREE JOBS - AS A PROFESSIONAL
ENGINEER. I BELIEVE HE ALSO OPERATED, OR AT LEAST WAS THE DIRECTOR OF
OPERATIONS, FOR ANOTHER WASTE WATER TREATMENT PLANT.
BEYOND THAT, I CAN'T
MR. LENT. YOU SAY "WHEN WE HIRED HIM". WHO HIRED HIM?
MR. OLOTKA. I SAY "WE" AS PART OF A GROUP THAT OPERATED WITH THE
CITY IN THE ORIGINAL DESIGN, THE GRANTING OF THE LOANS, AND THE
PROVIDING OF INPUT FROM THE INDUSTRIAL END TO THE CITY WASTE WATER
TREATMENT PLANT. THIS IS A MULTI-INDUSTRY GROUP.
WE DID NOT HIRE HIM IN INDUSTRY. THE CITY HIRED HIM, BUT WE AS A
GROUP REVIEWED THE QUALIFICATIONS BECAUSE WE WERE FEARFUL OF AN INPUT OF
A NONREGISTERED ENGINEER TO HANDLE THIS JOB.
HIS QUALIFICATIONS WE FELT WERE EXCELLENT.
I DO NOT REMEMBER HIM BEING TIED UP WITH THE HOOKER CHEMICAL CO. AT
ALL. I MAY BE WRONG THERE BUT I CERTAINLY DIDN'T
MR. LENT. WAIT A MINUTE. YOU HAVE CONFUSED ME. LET'S STRAIGHTEN THE
RECORD OUT.
MR. MATTHEWS - WE ARE TALKING ABOUT ROBERT R. MATTHEWS, THE DIRECTOR
OF UTILITIES OF THE CITY OF NIAGARA FALLS, WHO WAS IN CHARGE OF THAT
WATER TREATMENT PLANT THAT PURIFIED THE WATER THAT THE PEOPLE IN NIAGARA
FALLS DRINK.
MR. OLOTKA. YES.
MR. LENT. WE KNOW HE HAD THAT JOB, NO. 1.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 064 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110003
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MICROFORM REFILMED; SEE APPENDICES
YOU ARE NOW TELLING US THAT HE HAD A SECOND JOB
MR. OLOTKA. NO. HIS ORIGINAL JOB WAS AS DIRECTOR OF THE CITY WASTE
WATER TREATMENT PLANT. I DON'T RECALL WHEN HE GOT THE OTHER
RESPONSIBLITY, BUT EVIDENTLY THAT TOOK PLACE PROBABLY IN A RELATIVELY
SHORT TIME AFTER BEING HIRED.
MR. LENT. YOU SAY "BEFORE WE HIRED HIM" MEANING THE CITY OF NIAGARA
FALLS OR WE - HOOKER - HIRED HIM?
MR. OLOTKA. THE CITY OF NIAGARA FALLS THROUGH THE CITY MANAGER AND
THE CITY COUNCIL HIRED MR. MATTHEWS.
MR. LENT. BUT YOUR FIRM PASSED ON HIM IN SOME WAY.
MR. OLOTKA. OUR FIRM HAD NOTHING TO DO WITH OK'ING THE HIRING OF THE
INDIVIDUAL. WE WERE CAREFUL WITH THE REST OF THE INDUSTRIES AND THE
INDUSTRY LIAISON COMMITTEE TO MAKE CERTAIN THAT WE HAD A PROFESSIONAL
ENGINEER FOR THE JOB, RATHER THAN WHAT WE HAVE SEEN IN THE PAST, TO
HANDLE A TECHNICAL ENTITY SUCH AS A $63 MILLION HIGHLY TECHNICAL WASTE
WATER TREATMENT PLANT.
I THINK IT WAS OUR RESPONSIBILITY TO MAKE SURE THAT WE GOT A GOOD
MAN, AND THAT'S ALL WE DID. WAS MAKE SURE THAT WE TOOK A LOOK AT HIS
CREDENTIALS AND THAT HE DID, INDEED, REPRESENT A PROFESSIONAL
BACKGROUND.
MR. LENT. YOU KEEP SAYING "WE" TOOK A LOOK AT HIS CREDENTIALS; "WE"
CHECKED HIS BACKGROUND.
MR. OLOTKA. WE ARE OLIN CORP.
MR. LENT. WHAT HAT WERE YOU WEARING WHEN YOU SAY "WE"?
MR. OLOTKA. MY HAT AS A MEMBER OF THE INDUSTRY LIAISON COMMITTEE.
MR. LENT. YOU HELPED THE CITY PASS ON THIS FELLOW'S - MATTHEWS'
QUALIFICATIONS?
MR. OLOTKA. THE CITY OF NIAGARA FALLS OFFICIALLY HIRED THE
GENTLEMAN. WE WERE GIVEN THE HONOR OF REVIEWING THE FACT THAT HE DID
HAVE PROFESSIONAL QUALIFICATIONS WHICH WE EXPRESSED OUR CONCERN TO THE
CITY MANAGER BEFORE THE CITY WENT AHEAD AND INTERVIEWED PEOPLE.
MR. LENT. I HOPE THIS WILL BE MY FINAL QUESTION.
WHEN YOU SAY WHICH "WE EXPRESSED," MEANING YOU MR. OLOTKA.
MR. OLOTKA. NO.
I WEARING THE HAT AS A MEMEBER OF THE INDUSTRY LIAISON COMMITTEE.
MR. LENT. THERE WERE OTHER INDUSTRY LIAISON MEMBERS BESIDES
YOURSELF?
MR. OLOTKA. YES.
MR. LENT. BUT YOU WERE ON THAT COMMITTEE?
MR. OLOTKA. YES.
MR. LENT. WAS ANYONE ELSE FROM HOOKER ON THAT COMMITTEE? MR.
OLOTKA. NO.
MR. LENT. HOW MANY OTHER MEMBERS OF THE COMMITTEE WERE THERE?
MR. OLOTKA. THERE ARE FOUR ADDITIONAL INDUSTRY MEMBERS.
MR. LENT. DID THIS COMMITTEE - THE INDUSTRIAL REVIEW COMMITTEE -
SELECT A LIST OF CANDIDATES FOR THE CITY TO CHOOSE FROM?
MR. OLOTKA. NO; WE DIDN'T.
MR. LENT. THERE WAS ONLY ONE NOMINEE?
MR. OLOTKA. THERE WERE SEVERAL INTERVIEWEES. THE ONLY CHANCE WE HAD
AT REVIEWING THE MAN'S FITNESS FOR THE JOB WAS AFTER HE WAS HIRED.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 065 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110004
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MICOROFORM REFILMED; SEE APPENDICES
IT WAS A COURTESY EXAMINATION OF THE MAN'S QUALIFICATIONS AND NOTHING
MORE TO THIS INDUSTRY LIAISON COMMITTEE.
IT WAS PRIMARILY BECAUSE WE EXPLAINED OUR CONCERN THAT WE NEEDED A
PROFESSIONAL MAN FOR THE JOB BEFORE THEY WENT AHEAD AND HIRED A MAN FOR
THE JOB.
MR. LENT. I APPRECIATE YOUR CONCERN. IF I WAS WITH THE HOOKER
CHEMICAL CO., I WOULD LIKE TO HAVE SOMEONE IN THERE THAT I FELT WAS
GOING TO BE SOMEWHAT FRIENDLY TO MY INDUSTRY AS WELL.
BUT MY CONCERN IS WITH THE HEALTH OF THE POEPLE OF THECITY OF NIAGARA
FALLS AND THE QUALITY OF THE WATER THEY ARE DRINKING WHICH COMES OUT OF
THAT PLANT, WHICH MR. MATTHEWS IS IN CHARGE OF.
WHENEVER HE HAS ANY QUESTIONS AS TO THE FITNESS OF THE WATER OR FROM
WHENCE EMENATE THE CHEMICALS THAT HE FINDS IN THE WATER AND WHAT KINDS
OF CHEMICALS THEY ARE, HE CHECKS IT BY GOING NEXT DOOR, ACROSS THE DUMP
SITE, TO THE HOOKER CHEMICAL CO., WHICH PERFORMS THE CHEMICAL ANALYSIS
AND MAKES THE REPORT THAT HE AND THE CITY OF NIAGARA FALLS RELY ON.
ISN'T THAT RIGHT?
MR. OLOTKA. THAT IS CORRECT.
EQUALLY CORRECT IS THAT THE RESULTS WERE CONFIRMED 0Y THE CARBORUNDUM
LABORATORIES.
MR. LENT. AND YOU HAVE A BUSINESS RELATIONSHIP WITH THE CARBORNUMDUM
LABORATORIES.
MR. TRUITT. MR. CONGRESSMAN, MAY I SUGGEST - I'M NOT TRYING TO
INTERRUPT THE DIALOG, SIR.
I THINK WHAT IS BEING INPUGNED, IF I MAY RESPECTIFULLY SAY SO, IS
EITHER HOOKER'S RELATIONSHIP WITH MR. MATTHEWS OR MR. MATTHEWS. I'M NOT
SURE WHICH.
I THINK WHAT THE WITNESS IS TRYING TO SAY IS THAT THIS TASK FORCE
SOUGHT TO INSURE THAT THEY HAD THE MOST QUALIFIED PERSON
MR. ECKHARDT. I THINK THE WITNESS CAN SPEAK FOR HIMSELF ON THAT
POINT.
MR. LENT. WHO IS THE CHAIRMAN OF THAT TASK FORCE?
MR. OLOTKA. DR. ABRAHAM FROM R. B. MCMULLIN ASSOCIATES.
INCIDENTALLY, IN ANSWER TO THE CARBORUNDUM QUESTION, WE DID NOT GET
ON BOARD WITH CARBORUNDUM FOR ANALYSIS UNTIL QUITE SOME TIME AFTER THESE
ANALYSES WERE DONE. SO WE HAD NO CONCEPT OF CARBORUNDUM BEING IN THE
PICTURE, WITH RESPECT TO CROSS CHECKING OUR ANALYSES, UNTIL WE GOT THOSE
RESULTS BACK.
MR. LENT. MY RECOLLECTION OF MR. MATTHEWS' TESTIMONY, WHICH WAS JUST
A FEW WEEKS AGO, WAS THAT HE SAID THAT EVEN TODAY WHEN HE NEEDS A
CHEMICAL ANALYSIS OF THE QUALITY OF THE WATER THAT IS GOING TO BE PIPED
OUT TO THE HOMES AND FACTORIES OF THE CITY OF NIAGARA, HE GOES TO HOOPER
TO PERFORM THIS ANALYSIS.
DOESN'T THE RELATIONSHIP STILL PERSIST UNTIL TODAY, OR HAS IT BEEN
SEVERED?
MR. OLOTKA. NO; IT HAS NOT BEEN SEVERED. BUT THERE IS ALWAYS A
CROSS CHECK WITH AN OUTSIDE LAB. WE CAN DO IT FASTER; HE HAS TO WAIT
WEEKS TO GET THE CONFIRMATION.
MR. LENT. I HAVE NO FURTHER QUESTIONS, MR. CHAIRMAN.
MR. TRUITT. MR. CHAIRMAN, COULD MR WILKENFELD HAVE AN OPPORTUNITY TO
SUPPLEMENT A QUESTION THAT CONGRESSMAN LENT ASKED HIM EARLIER IN
CONNECTION WITH MR. MATTHEWS COMING IN AND ASKING THAT THE SAMPLES WORK
BE PERFORMED?
MR. ECKHARDT. YES.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 066 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110005
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
INTENTIONAL BLANK
BLANK PAGE OMITTED.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 067 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110006
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MR. WILKENFELD. IT IS MY UNDERSTANDING THAT THIS WAS AN ARM'S-LENTH
RELATIONSHIP. MR. MATTHEWS AHD SENT A PORTION OF THIS SAMPLE TO THE
STATE. THE STATE INDICATED IT WOULD TAKE THEM 6 WEEKS TO GIVE HIM TEST
RESULTS. AND WE WERE ABLE TO PROVIDE THESE RESULTS IN 3 OR 4 DAYS.
THIS WAS SOLELY THE BASIS. HE HAD HIS CONFIRMATION THAT WAY IN
ADDITION.
MR. LENT. I DON'T WANT TO BELABOR THE POINT, BUT WHEN MR. MATTHEWS
TESTIFIED A FEW WEEKS AGO, HE SAID THAT 3 TONS OF SLUDGE CONTAINING
CHEMICALS OF THE SORT DUMPED IN THE S SITE HAD BEEN RECOVERED FROM
WITHIN THE PIPES AND OTHER APPURTENANCES IN THE CITY OF NIAGARA WATER
SUPPLY. AND THAT THIS DEBRIS AND THE DEGREE OF THE TOXICITY OF THIS
DEBRIS IS TESTED THEN BY YOUR LABORATORIES. AND THAT THIS HAPPENS ON A
MONTHLY BASIS. IS THAT CORRECT?
MR. WILKENFELD. I'M SORRY, SIR, I LOST TRACK OF THE QUESTION. YOU
SAID THAT MR. MATTHEWS TESTIFIED THERE WERE 33 TONS OF DEBRIS REMOVED?
MR. LENT. HE CALLED IT SLUDGE. PERHAPS I MISNOMERED IT. I CALLED
IT DEBRIS.
MR. WILKENFELD. I UNDERSTAND WHAT YOU MEAN.
MR. LENT. AND THAT THERE WAS REMAINING DEBRIS THAT THEY COULD NOT
REMOVE.
WE EVEN HAD THE SKINDIVER TESTIFY, AND HE SAID HE COULDN'T GET IT
ALL. IT BURNED THE RUBBER SUITS; IT BURNED HIS GLOVES. HE JUST
COULDN'T WORK DOWN THERE UNDERWATER, AND HE WAS ACTUALLY IN THE WATER
SUPPLY SYSTEM FOR THE CITY OF NIAGARA.
WHEN WE INTERROGATED MR. MATTHEWS AS TO WHO CHECKED THIS MATERIAL AND
WHO DETERMINED ITS TOXICITY AND WHAT CHEMICALS WERE IN IT, HE SAID,
HOOKER.
I DON'T WANT TO SPEAK FOR OTHER MEMBERS OF THE COMMITTEE, BUT I WAS
STUPIFIED THAT HE WOULD GO NEXT DOOR TO THE PRIME SUSPECT, YOU MIGHT
SAY, BECAUSE THESE CHEMICALS AND THE SUYPLY WERE OF THE SAME SORT BEING
DUMPED IN THE S SITE.
HE WOULD HAVE YOU FOLKS, WITH ALL DUE DEFERENCE, CHECK IT OUT.
IT WOULD SEEM TO ME HE SHOULD HAVE GONE -- THIS ISN'T YOUR FALT. IF
SOMEBODY BRINGS SOMETHING IN TO YOU, YOU CHECK IT.
BUT I WAS NONPLUSSED THAT HE WOULD HAVE THE HOOKER CHEMICAL CO. DO
THE CHECKING AND MAKE THE ANALYSIS AND NOT GO SOMEWHERE ELSE.
MR. WILKENFELD. I WILL JSUT REPEAT WHAT I SAID. HE DID GO SOMEWHERE
ELSE. HE WENT TO THE STATE.
I THINK ALL WE CAN SAY IS THAT THE RESULTS APPARENTLY JIVED, AND
THERE IS NO QUESTION THAT WE IDENTIFIED MATERIAL THAT WE MANUFACTURE.
MR. LENT. THANK YOU, MR. CHAIRMAN.
MR. ECKHARDT. MR. OLOTKA, I AM INTERESTED IN THE INDUSTRY LIAISON
COMMITTEE.
I THINK YOU SAID DR. ABRAHAM WAS THE CHAIRMAN, AND YOU ARE ON THERE
FOR HOOKER CHEMICAL CO.
MR. OLOTKA. YES.
MR. ECKHARDT. AND THERE WERE TWO OTHER MEMBERS?
MR OLOTKA. NO; I THINK THERE ARE FOUR. LET ME RECOUNT. WOULD YOU
WANT THE INDUSTRIES MENTIONED?
MR. ECKHARDT. PLEASE.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 068 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110007
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MR. OLOTKA. THERE IS OLIN, DU PONT, CARBORUNDUM -- THE MANUFACTURING
CARBORUNDUM AND NOT THE ANALYTICAL FACILITY IN CALIFORNIA -- R. B.
MCMULLIN, AND HOOKER. THAT IS A TOTAL OF FIVE. I BELIEVE I SAID FOUR
OR FIVE.
MR. ECKHARDT. WHEN WAS THIS LIAISON COMMITTEE ORGANIZED?
MR. OLOTKA. IT WAS ORGANIZED -- TIME FLIES -- ABOUT 9 OR 10 YEARS
AGO.
MR. ECKHARDT. WHAT WAS THE FUNCTION OF THAT COMMITTEE?
MR. OLOTKA. THE REASON WHY IT WAS INITIALLY ORGANIZED WAS THAT THE
CITY OF NIAGARA FALLS, THROUGH THE IGAC COMMISSION WAS ASKED TO BUILD A
BRANDNEW TREATMENT FACILITY AND TO INCLUDE IN THE TREATMENT FACILITY THE
COMMON INDUSTRIES AND COMMERCES AND MUNICIPAL INPUTS.
AT THE TIME, IN ORDER TO GET DESIGN DATA, THE CITY WENT THROUGH A
SERIES OF CONSULTANTS, ORIGINALLY PICKED -- CAMP DRESSER AND MCKEE, I
BELIEVE -- FROM ABOUT 20 POSSIBLE CHOICES.
THEY FORMED A NUCLEUS COMMITTEE REPRESENTING THE INDUSTRIES IN THE
CITY OF NIAGARA FALLS.
THE PURPOSE OF THE COMMITTEE WAS TO OFFER GUIDANCE ON THE CHEMICAL
INPUT TO THIS PLANT, FIRST. TO OFFER AN OVERVIEW OF THE ABILITY OF THE
PILOT FACILITIES THAT WERE SET UP TO SEE WHETHER WE COULD, INDEED,
CREATE AS A FORERUNNER ONE OF THE FIRST CHEMICAL PHYSICAL PRECIPITATION
ACTIVATED CARBON TYPE PLANTS, WHICH INDEED WE FINALLY DID.
THREE, TO OBTAIN FOR A PLANT, WHICH EVENTUALLY BECAME A $63 MILLION
ENTITY, 87.5 PERCENT GOVERNMENT FUNDING, THE BULK OF WHICH CAME FROM THE
FEDERAL GOVERNMENT THROUGH WHICH TOW OF THE MEMBERS -- HOOKER AND DU
PONT -- WERE CHIEFLY INSTRUMENTAL IN GETTING MR. RUCKELSHAUS AT THE TIME
AND HENRY SMITH TO BEAT OUT A GRANDFATHER CLAUSE AND THEREBY REDUCE THE
COST TO THE CITIZENS ADN THE INDUSTRIES IN THAT AREA TO BUILD THIS
PLANT.
WE WERE ABLE TO GET AN 87.5-PERCENT FUNDING.
HAVE I ANSWERED YOUR QUESTION?
MR. ECKHARDT. YES.
THIS WAS A WASTE WATER DISPOSAL PLANT?
MR. OLOTKA. YES.
MR. ECKHARDT. AND THAT'S WHERE MR. MATTHEWS WAS FIRST EMPLOYED.
SUBSEQUENT TO THAT, HE BECAME AN OFFICIAL CONCERNED WITH THE WATER
SUPPLY PLANT, WHICH IS A SEPARATE AND DIFFERENT PLANT?
MR. OLOTKA. YES.
MR. ECKHARDT. BUT WHEN HE FIRST WENT TO WORK IN HIS FIRST JOB, YORU
LIAISON COMMITTEE CONSIDERED HIS CREDENTIALS. IS THAT CORRECT?
MR. OLOTKA. WE REVIEWED THE CREDENTIALS AFTER THE MAN WAS HIRED. WE
EXPRESSED OUR CONCERN THAT FOR SUCH A TECHNICAL TYPE OF PLANT WE MAKE
CERTAIN THAT THE CITY PLEASE HIRE A QUALIFIED PROFESSIONAL ENGINEER FOR
THE JOB.
MR. ECKHARDT. DI YOU PARTICIPATE IN THE COST OF THE WASTE WATER
PLANT?
MR. OLOTKA. DID I PARTICIPATE?
MR. ECKHARDT. DID THE COMPANIES PARTICIPATE IN THE COST OF BUILDING
THAT PLANT OR IN ANY OTHER WAY?
MR. OLOTKA. YES. WE, IN HOOKER, ALONE PAY A BILL OF A LITTLE OVER
$1 MILLION A YEAR TO PAY OFF THE CAPITAL, AS WELL AS THE OPERATING AND
MAINTENANCE COSTS. THIS IS ON A YEARLY BASIS.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 069 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110008
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
I CANNOT QUOTE WHAT THE OTHERS DO, BUT THEY ALL HAVE THEIR COST
ALLOTMENTS.
MR. ECKHARDT. IN OTHER WORDS, THEY MAINTAIN A RESPONSIBILITY TO PAY
OFF THE CAPITAL INVESTMENT IN PART AS RELATED TO THE AMOUNT THAT THEY
USE THE PLANT. IS THAT CORRECT?
MR. OLOTKA. YES, SIR.
MR. ECKHARDT. BECAUSE OF THAT PARTICIPATION, YOU FELT, AND CONVINCED
THE CITY, THAT THE LIAISON COMMITTEE SHOULD HAVE SOMETHING TO DO WITH
THE ULTIMATE APPROVAL OF WHOEVER OPERATED THE PLANT, I ASSUME. IS THAT
CORRECT?
MR. OLOTKA. STRICTLY FROM THE STANDPOINT OF COMPETENCE BECAUSE OF
THE HIGHLY TECHNICAL NATURE OF THIS TYPE OF PLANT, WHICH REALLY IS A
FORERUNNER FOR THAT TYPE OF WASTE DISPOSAL FACILITY. IT IS NOT A
BIODEGRADABLE TYPE INSTALLATION.
MR. ECKHARDT. DI YOU ENTER INTO ANY KIND OF CONTRACT OR WRITTEN
AGREEMENT WITH THE CITY WITH RESPECT TO YOUR RELATIONSHIP TO THE CITY IN
OPERATING THAT PLANT OR IN RECOMMENDING PERSONNEL TO OPERATE IT?
MR. OLOTKA. OUR ENTRY WAS ON A CONTRACTUAL BASIS FOR THE REMOVAL OF
THE HYDRAULIC INPUT. IN OTHER WORDS, WE HAD A LIMIT ON THE HYDRAULIC
INPUT, THE SOLIDS ENTRY, THE SOLUBLE COD ENTRY, AND TO ABIDE WITH THE
CITY ORDINANCES FOR THE PROTECTION OF THE CITY TREATMENT PLANT ITSELF
WITH THE INPUT.
MR ECKHARDT. DI YOUR AGREEMENT HAVE ANYTHING TO DO WITH OR DEFINE
YOUR POSITION WITH RESPECT TO EMPLOYEE MANAGEMENT OF THE PLANT OR WITH
RESPECT TO APPROVING MANAGEMENT OF THE PLANT OR WITH RESPECT O LATER, AS
YOU SAY, DETERMINING THE QUALIFICATIONS OF THE PERSON WHO WAS SO
EMPLOYED?
MR. OLOTKA. NOT TO MY KNOWLEDGE.
WE DID ENTER INTO A REVIEW ONLY OF THE AMOUNT OF PEOPLE WHO WERE
OPERATING -- THE MAINTENANCE PEOPLE -- THAT THE PLANT NEEDED UPON
REQUEST BY CAMP DRESSER AND MCKEE AND THE CITY.
MR. ECKHARDT. WHAT WERE MR. MATTHEWS' QUALIFICATIONS AND HIS FORMER
EMPLOYMENT IF YOU RECALL?
MR. OLOTKA. I VAGUELY RECALL, BECAUSE I SPEEDREAD THE
QUALIFICATIONS.
I FEEL CERTAIN HE IS A PROFESSIONAL ENGINEER FOR ONE. HE ALSO
OPERATED FORMER MUNICIPAL WASTE DISPOSAL PLANTS ON THE WEST COAST.
MR. ECKHARDT. DI HE HAVE ANY RELATIONSHIP WITH THE OTHER CHEMICAL
COMPANIES THAT YOU KNOW OF?
MR. OLOTKA. I CAN'T ANSWER THAT ONE. I DON'T REMEMBER THAT.
MR. ECKHARDT. WITH RESPECT TO OCCIDENTAL'S RELATIONSHIP TO
CARBORUNDUM LABORATORIES ON THE WEST COAST, IS IT NOT TRUE THAT
CARBORUNDUM LABORATORIES ON THE WEST COAST SERVE A NUMBER OF THE
SUBSIDIARIES OF OCCIDENTAL WITH RESPECT TO TESTING FACILITIES?
MR. OLOTKA. I DON'T KNOW THE ANSWER TO THAT.
MR. ECKHARDT. I WONDER IF MR. WILKENFELD WOULD KNOW THAT?
MR EILKENFELD. THEY MIGHT; I DON'T KNOW.
IF THERE ARE SUCH CONTRACTS, THEY WOULD HAVE BEEN MADE DIRECTLY BY
THE SUBSIDIARY
MR. ECKHARDT. DID THE HOOKER PLANT IN NIAGARA FALLS HAVE A
CONTINUING RELATIONSHIP WITH CARBORUNDUM LABORATORIES ON THE WEST COAST?
MR. WILKENFELD. MR. OLOTKA COULD PROBABLY ANSWER BETTER.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 070 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110009
49-738 1643
44-15
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INTERNAL MEMO
HOUSE
IT IS MY UNDERSTANDING THAT THEY DO CONTINUE TO USE THAT LABORATORY
NOW.
THEY JUST STARTED SUBSEQUENT TO THE TIME THE CITY ENGAGED IN IT.
MR. OLOTKA. WE USE IT, MR. CHAIRMAN, FROM TIME TO TIME. WE USE
OTHER LABORATORIES -- RADIAN. WE INTEND TO USE THE UNIVERSITY OF
NEBRASKA AND WRIGHT STATE. WE HAVE USED SUNTECH.
AS I MENTIONED BEFORE, OUR FACILITIES ARE PRETTY WELL TAXED BY THE
ONRUSH OF HIGHLY TECHNICAL, SOPHISTICATED ANALYSES BEING DETECTED IN THE
PPB AND PPT RANGE. SO WE NEED THIS EXTRA EXPERTISE.
MR. ECKHARDT. MR. MOTTL?
MR. MOTTL. THANK YOU, MR. CHAIRMAN.
I WOULD LIKE TO ADDRESS A SERIES OF QUESTIONS TO THE PANEL OR MR.
DAVIS OR ANYBODY HERE THAT IS RELATED TO HOOKER.
WITH THE PERMISSION OF THE CHAIR, I WOULD LIEK TO INSERT TWO LETTERS
IN THE RECORD.
THE FIRST IS A LETTER I SENT TO MR. DAVIS, IN WHICH I MADE A GENERAL
INQUIRY INTO HOOKER CHEMICAL AND PLASTICS CORP.'S PRESENT WASTE DISPOSAL
ACTIVITIES AS THEY RELATE TO OHIO.
THE SECOND LETTER IS A RESPONSE FROM HOOKER'S VICE PRESIDENT FOR
SPECIAL ENVIRONMENTAL PROGRAMS, F. D. NERUDA.
THE PURPOSE OF THESE INSERTIONS IS TO INFORM OHIO RESIDENTS OF THEIR
OPERATIONS IN THIS AREA. IT IS ALSO A POINT FROM WHICH I WILL BASE SOME
OF MY QUESTIONS.
MR. ECKHARDT. WITHOUT OBJECTION, THEY WILL BE ENTERED IN THE RECORD
AT THIS POINT.
(THE LETTERS REFERRED TO FOLLOW.)
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 071 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110010
49-738 1643
44-15
46-17
HEARINGS
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TRANSCRIPT
INTERNAL MEMO
HOUSE
MARCH 28, 1979
MR. BRUCE DAVIS EXECUTIVE VICE PRESIDENT, HOOKER CHEMICAL CO. BOX
728 NIAGARA FALLS, NEW YORK 14302
AS YOU MAY KNOW, THE HOUSE COMMERCE SUBCOMMITTEE ON OVERSIGHT AND
INVESTIGATIONS, ON WHICH I SERVE, IS RPESENTLY HOLDING HEARINGS ON THE
PROBLEMS ASSOCIATED WITH INACTIVE AND ABANDONED HAZARDOUS WASTE SITES.
THE HOOKER CHEMICAL COMPANY HAS BEEN A TOPIC OF MUCH DISCUSSION AS
ITS OPERATIONS RELATE TO LOVE CANAL AND THE HYDE PARK LANDFILL.
CONSEQUENTLY, IT IS MY UNDERSTANDING THAT REPRESENTATIVES OF YOUR
COMPANY MAY BE ASKED TO TESTIFY IN THE NEAR FUTURE.
IN PRIOR HEARINGS, VARIOUS WITNESSES, FROM NEIGHBORING INDUSTRIES,
UNIONS, AND NEW YORK STATE OFFICES, HAVE SAID THEY BELIEVE HOOKER IS
DISPOSING ITS WASTE IN OHIO. REALIZING THAT I AM FROM OHIO, I AM
CONFIDENT YOU CAN APPRECIATE MY CONCERNS.
THEREFORE, IN CONJUNCTION WITH THESE HEARINGS, I ASKS THAT YOU PLEASE
SUPPLY ME WITH ANSWERS TO THE FOLLOWING QUESTIONS:
1) WHERE IS THE EXACT LOCATION OF YOUR PRESENT DISPOSAL SITES? TO
WHAT EXTENT ARE YOU DEPOSITING YOUR DAILY WASTE MATERIAL IN OHIO?
2) WHAT IS THE CHEMICAL COMPOSITION OF THIS "HAZARDOUS" WASTE?
3) IN WHAT MANNER ARE THESE WASTES BEING HANDLED? WHAT METHOD OF
DISPOSAL ARE YOU USING -- ARE LANDFILLS OR DEEP WELLS TO BE THE MODE OF
DISPOSAL?
4) HAVE ANY STUDIES BEEN CONDUCTED ONTHE SOILD COMPOSITION OF THESE
ENVIRONS OR ON THE GEOLOGIC FORMATIONS OF THE AREA?
5) HOW ARE THESE WASTES BEING TRANSPORTED TO OHIO. WHAT TYPES OF
PRECAUTIONS ARE BEING TAKEN TO ENSURE THERE IS NO ACCIDENTAL SPILLAGE EN
ROUTE?
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 072 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110011
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MR. DAVIS, YOUR CONSIDERATION OF MY REQUEST WOULD BE GREATLY
APPRECIATED. IT IS MY UNDERSTANDING THE SUBCOMMITTEE WILL BE CONTINUING
ITS HEARINGS ON THIS ISSUE IN EARLY APRIL. THEREFORE I HOPE TO HAVE
YOUR ANSWERS TO THESE QUESTIONS AT THE VERY SOONEST POSSIBLE -- THE
FIRST WEEK IN APRIL.
RONALD M. MOTTL MEMBER OF CONGRESS
: REPRESENTATIVE JOHN J. LAFALCE REPRESENTATIVE ALBERT GORE
SUBCOMMITTEE ON OVERSIGHT & INVESTIGATIONS.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 073 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110012
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
HOOKER
APRIL 4, 1979
HONORABLE RONALD M. MOTTL CONGRESS OF THE UNITED STATES
HOUSE..OF.REPRESENTATIVES WASHINGTON, D. C. 20515
THIS IS IN RESPONSE TO YOUR LETTER OF MARCH 28, 1979 TO MR. BRUCE
DAVIS, OUR EXECUTIVE VICE PRESIDENT. I HAVE TAKEN THE LIBERTY OF
RESPONDING TO THAT LETTER SINCE THE QUESTIONS WHICH YOU HAVE RAISED
GENERALLY FALL WITHIN MY AREA OF RESPONSIBILITY. THE ANSWERS TO YOUR
QUESTIONS ARE AS FOLLOWS:
1. ESSENTIALLY ALL OF THE LIQUID WASTES FROM OUR NIAGARA FALLS
FACILITY ARE INCINERATED IN OUR OWN ON-SITE RESIDUE DISPOSAL SYSTEM. IN
1977 WE STARTED TO USE OHIO LIQUID DISPOSAL, LOCATED IN FREEMONT, OHIO,
FOR THE DISPOSAL OF AQUEOUS WASTES AND CERTAIN BY-PRODUCT ACIDS WHICH
WERE IN EXCESS OF OUR OWN DISPOSAL CAPACITY. WE HAVE AVERAGED 1 TO 2
TRUCKLOADS PER DAY OF THESE TYPES OF MATERIALS AND CONTINUE TO MOVE SUCH
A VOLUME TODAY. OUR SOLID WASTES ARE LANDFILLED IN THE VICINITY OF
NIAGARA FALLS BY NEW YORK STATE APPROVED DISPOSAL FACILITIES.
2. THE COMPOSITION OF THE AQUEOUS WASTE IS WATER WHICH CONTAINS
TRACE AMOUNTS OF ORGANIC MATERIALS AND CERTAIN METAL SALTS. THE ACID
WASTES ARE SULFURIC AND MURIATIC ACIDS. MORE DETAILED ANALYTICAL
INFORMATION IS AVAILABLE IF DESIRED. THIS SAME INFORMATION IS ALSO ON
FILE AT OHIO LIQUID DISPOSAL.
3. IN HANDLING OUR WASTE MATERIALS, OHIO LIQUID DISPOSAL USES
PHYSICAL-CHEMICAL TREATMENT EQUIPMENT AND DEEP WELL INJECTION. THEY ARE
PERMITTED TO OPERATE THESE FACILITIES UNDER LICENSE FROM THE OHIO EPA.
4. DETAILED INFORMATION REGARDING THE SOIL COMPOSITION AND
GEOLOGICAL FORMULATIONS AT OHIO LIQUID DISPOSAL FACILITIES ARE
OBTAINABLE FROM OHIO LIQUID DISPOSAL AND/OR THE OHIO EPA.
5. THESE WASTES ARE TRANSPORTED IN TRUCKS SUPPLIED BY OHIO LIQUID
DISPOSAL OR, INFREQUENTLY, OTHER LICENSED CHEMICAL HAULERS WHO ARE WELL
AWARE OF THE NEED FOR SPECIAL PRECAUTIONS DURING SHIPPING.
I TRUST THAT THE ABOVE INFORMATION WILL PROVE TO BE OF ASSISTANCE.
PLEASE DO NOT HESITATE TO CONTACT US IF YOU SHOULD HAVE ANY FURTHER
INFORMATION WHICH YOU FEEL WE MIGHT HAVE AND WHICH WOULD ALLOW YOU TO
BETTER UNDERSTAND YOUR AREAS OF CONCERN.
F. D. NERUDA VICE PRESIDENT SPECIAL ENVIRONMENTAL PROGRAMS.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 074 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110013
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MICROFORM REFILMED; SEE APPENDICES
MR. MOTTL. THANK YOU, MR. CHAIRMAN.
IN THE APRIL 4 LETTER, MR. NERUDA STATES THAT IN 1977 HOOKER BEGAN TO
USE OHIO LIQUID DISPOSAL, LOCATED IN FREMONT, OHIO, FOR THE DISPOSAL OF
AQUEOUS WASTES AND BYPRODUCT ACIDS. THE COMPOSITION OF THIS WASTE IS
WATER, WHICH CONTAINS ORGANIC MATERIALS, METAL SALTS, AND SULPHURIC AND
MURIATIC ACIDS.
ARE YOU PREPARED TO SUPPLY THE SUBCOMMITTEE WITH THE EXACT ANALYTICAL
DATA WHICH IS BEING DUMPED, AND THE EXACT QUANTITIES OF THESE ORGANIC
MATERIALS, SALTS, AND ACIDS?
MR. DAVIS. WE WOULD BE GLAD TO PROVIDE YOU WITH THE DETAILED
INFORMATION IN SUBSEQUENT SUBMISSION TO THE COMMITTEES, BUT I DO HAVE
SOME INFORMATION WHICH MIGHT INDICATE THE QUANTITIES THAT WE HAVE
DISPOSED OF IN 1977 AND THE FIRST 5 MONTHS OF 1978.
THE TOTAL VOLUME IN GALLONS IN 1977 IN LEACHATE, WHICH IS PRIMARILY
WATER WITH SOME CHEMICAL MATERIALS, WAS APPROXIMATELY 1.5 MILLION
GALLONS.
THE JANUARY TO MAY PERIOD OF 1978, IT WAS ABOUT 900,000 GALLONS.
THIS MATERIAL CONTAINED CHLORINATED ORGANIC MATERIALS AND A
SUBSTANTIAL AMOUNT OF WATER.
MR. MOTTL. ARE THESE MATERIALS TOXIC?
MR. DAVIS. SOME OF THEM ARE, YES.
MR. MOTTL. WHICH MATERIALS ARE TOXIC?
MR. DAVIS. THERE WAS AN ANALYSIS WHICH INDICATED THERE WAS PHENOL
PRESENT AND SOME OTHER CHLORINATED HYDROCARBONS I CAN'T TELL YOU THE
EXACT ONES - BUT SOME OF THEM ARE TOXIC CHEMICAL MATERIALS.
WE WILL BE GLAD TO SUPPLY YOU WITH THE DETAILED ANALYSIS.
(SEE APPENDIX A. P. 1681.)
MR. MOTTL. CAN YOU GIVE ME THE QUANTITIES OF THE TOXIC SUBSTANCES
THAT ARE DISPOSED OF THEFE?
MR. DAVIS. IF I CAN INDICATE THE APPROXIMATE LEVELS WITHOUT GIVING
YOU THE PRECISE LEVELS AND SUBMIT THAT IN THE DETAILED INFORMATION.
WE ARE TALKING SOMEWHERE AROUND 1, 2, 3 PERCENT ORGANIC CONCENTRATION
IN THE LEACHATE. THE MURIATIC AND SULPHURIC ACID ARE ENTIRELY
DIFFERENT. I'M TALKING ABOUT THE LEACHATE MATERIAL.
MR. MOTTL. WHERE IS THIS BEING TRANSPORTED FROM?
MR. DAVIS. FROM THE HYDE PARK LAGOON WHERE WE COLLECT THE LEACHATE
FROM HYDE PARK.
MR. MOTTL. WHICH STATE IS THAT?
MR. DAVIS. THAT IS THE HYDE PARK DUMP SITE AT NIAGARA FALLS, WHICH
WE DISCUSSED EARLIER TODAY.
WHAT WE DO IS COLLECT THE LEACHATE, WHICH IS PRIMARILY WATER WITH
SOME CHEMICAL CONTENTS, FROM THAT DUMP SITE AND PERIODICALLY REMOVE IT.
MR. MOTTL. HOW LONG HAS THIS BEEN GOING ON - THE TRANSPORTATION OF
THESE TOXIC SUBSTANCES?
MR. DAVIS. I BELIEVE SINCE 1977.
MR. MOTTL. WHAT ROUTE DOES IT TRAVEL OVER?
MR. DAVIS. I'M SORRY, SIR. I DON'T KNOW THE EXACT ROUTE BETWEEN OUR
SITE AND THE DISPOSAL SITE, WHICH IS IN FREMONT.
MR. MOTTL. WOULD IT GO THROUGH NORTHEASTERN OHIO THEN?
MR. DAVIS. I WOULD THINK IT WOULD HAVE TO GO THROUGH PART OF
NORTHEASTERN OHIO TO GET THERE, YES.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 075 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110014
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MR. MOTTL. CAN YOU SUPPLY THAT FOR US?
(SEE APPENDIX A, P. 1681.)
MR MOTTL. DOES ANYBODY ELSE KNOW WHAT ROUTES?
(NO RESPONSE.)
MR. DAVIS. I MIGHT POINT OUT THAT WE HAVE DISCONTINUED, AT THE
REQUEST OF OHIO DISPOSAL, WITHIN THE LAST 2 WEEKS THE TRANSPORTATION OF
THAT SPECIFIC MATERIAL.
MR. MOTTL. WHY WAS THAT?
MR. DAVIS. THEY ASKED US TO.
MR. MOTTL. WHAT WAS THE MOTIVATION?
MR. DAVIS. I PRESUME THAT THEY WOULD PREFER NOT TO HANDLE THAT
MATERIAL BECAUSE OF POLITICAL REASONS.
WE ARE NOW SENDING THEM DIFFERENT MATERIAL OF A DIFFERENT NATURE, AND
WE ARE DISPOSING OF THAT MATERIAL WITHIN OUR OWN INCINERATION UNIT ON
OUR NIAGARA FALLS PLANT PROPERTY.
MR. MOTTLE. WHY WASN'T IT DONE BEFORE?
MR. DAVIS. THERE WAS NO REQUEST ON THEIR PART. THEY WERE SATISFIED
TO HANDLE IT. THEY FELT THAT THERE WAS NO PROBLEM. I THINK THEY STILL
FEEL THAT THERE IS NO PROBLEM IN THE HANDLING OF IT. BUT THEY ASKED TO
DISCONTINUE, AND SO WE SUBSTITUTED.
MR. MOTTL. WHY WOULD YOU GO THROUGH THE EXPENSE OF TRANSPORTING IT
IF YOU ARE DOING IT PRESENTLY?
MR. DAVIS. THAT'S A FAIR QUESTION.
WE HAVE SUBSTITUTED MATERIAL WHICH WE PREVIOUSLY HANDLED THROUGH THE
INCINERATION UNIT. THAT NOW IS GOING TO OHIO DISPOSAL, BUT IT IS AN
ENTIRELY DIFFERENT TYPE OF MATERIAL.
WE HAVE REALLY SUBSTITUTED ONE FOR THE OTHER, AND ONE HAPPENS TO BE A
DIFFERENT NATURE ORGANIC MATERIAL.
MR. MOTTL. WHAT COMPANIES ARE OR WERE TRANSPORTING THIS FOR HOOKER?
MR. DAVIS. MATLACK AND APPARENTLY THEIR OWN TRUCKS AS WELL.
MR. MOTTL. WHAT IS THE NAME OF THE COMPANY AGAIN PLEASE?
MR. DAVIS. THE COMPANY IS OHIO LIQUID DISPOSAL. IT IS THEIR TRUCKS
OR MATLACK.
MR. MOTTL. WHICH WASTE IS MORE EXPENSIVE TO DISPOSE OF?
MR. DAVIS. DO YOU MEAN THE ONE WE PREVIOUSLY DID AND DISCONTINUED?
I DON'T THINK THERE IS ANY DIFFERENCE AT ALL IN THE COST OF DISPOSAL.
THE QUANTITY IS THE THING THAT IS PRIMARILY THE DETERMINANT.
MR. MOTTL. HOW WERE THEY DISPOSING OF THESE TOXIC SUBSTANCES IN
OHIO?
MR. DAVIS. I'M NOT AN EXPERT ON THEIR SYSTEM, EXCEPT THAT IT
PRETREATS THE MATERIAL. IT SETTLES AND REMOVES SOLID PARTICLES. I
BELIEVE TI GOES THROUGH A FINE FILTRATION OPERATION AND THEN IS INJECTED
DEEP INTO DEEP WELLS INTO THE GROUND.
MR. MOTTLE. WAS THERE ANY DEEP WELL INJECTION DISPOSAL METHOD USED?
MR. DAVIS. YES; THAT'W WHAT I'M SAYING.
AFTER THE PRETREATMENT AND THE INFILTRATION, IT IS INJECTED INTO DEEP
WELLS INTO THE GROUND.
MR. MOTTL. DID YOU SEE THE ARTICLE IN THE NEW YORK TIMES SUNDAY,
APRIL 8, 1979, "DISPOSAL OF TOXIC WASTE IN WELLS EXPECTED TO GROW,
DESPITE CRITICS"?
MR. DAVIS. YES, SIR; I DID SEE THAT ARTICLE.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 076 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110015
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MICROFORM REFILMED; SEE APPENDICES
MR. MOTTL. WHAT IS YOUR RESPONSE TO THE AUTHOR'S CRITICISMS OF THAT
METHOD OF DISPOSAL OF CHEMICAL WASTE?
MR. DAVIS. I'M NOT A HYDROGEOLOGIST, BUT THE TESTIMONY ON THE PART
OF THE HYDROGEOLOGIST IS THAT THEY BELIEVE IT IS SAFE. THERE IS A
QUESTION ABOUT EARTHQUAKES, FAULT LINES, AND THINGS LIKE THAT. I'M
CERTAINLY NOT QUALIFIED TO COMMENT ON THAT.
MR. MOTTL. THIS ARTICLE IS WRITTEN BY GLADWIN HILL.
IT CITED THERE, IN THE COURSE OF THE ARTICLE, THAT IN 1960,
DENVER EXPERIENCED A SERIES OF EARTHQUAKES THAT WERE TRACED TO THE
PRESSURE SET UP BY DEEP WELL INJECTION OF WASTE FROM NERVE GAS
PRODUCTION AT THE ROCKY MOUNTAIN ARSENAL. INJECTION WAS STOPPED, AND
EARTHQUAKES STOPPED.
IT ALSO SAID:
IN 1968, A WELL IN ERIE, PA., IN WHICH A PAPER COMPANY HAD BEEN
INJECTING 150,000 GALLONS OF WASTE A DAY SUDDENLY SENT UP A GUSHER THAT
WENT 20 FEET IN THE AIR AND AN ESTIMATED 4 MILLION GALLONS GUSHED OUT IN
THE 3 WEEKS THAT IT TOOK TO CAP THE WELL.
MR. DAVIS. I REMEMBER READING THAT, SIR.
MR. MOTTL. MR. CHAIRMAN, I WOULD LIKE TO PLACE THIS ARTICLE IN THE
RECORD AT THIS POINT IF I MIGHT.
MR. ECKHARDT. WITHOUT OBJECTION, IT WILL BE ENTERED IN THE RECORD AT
THIS POINT.
(THE ARTICLE REFERRED TO FOLLOWS:)
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 077 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110016
49-738 1643
44-15
46-17
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INTERNAL MEMO
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MICROFORM REFILMED; SEE APPENDICES
THE NEW YORK TIMES, SUNDAY, APRIL 8, 1979
BY GLADWIN HILL
MORE AND MORE INDUSTRIES ARE INJECTING FLUID WASTES DEEP INTO THE
EARTH THROUGH HUNDREDS OF "REVERSE ACTION" WELLS, AND THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY EXPECTS THE PRACTICE TO INCREASE
DRAMATICALLY WHEN RESTRICTIONS ON THE SURFACE DISPOSAL OF NOXIOUS
CHEMICALS GO INTO EFFECT IN 1981.
ALREADY, MILLIONS OF GALLONS OF COMPOUNDS, MANY OF THEM TOXIC AND
SOME RADIOACTIVE, ARE DISPOSED OF EACH DAY IN POROUS ROCK AS MUCH AS A
MILE DOWN, THEOROTICALLY TO REMAIN THERE FOREVER WITHOUT CHANGING INTO
LESS HARMFUL FORMS OR MIGRATING TOWARD THE SURFACE.
DEFENDERS OF THE DUMPING PRACTICE SAY IT IS A HARMLESS AND ECONOMICAL
USE OF A VIRTUALLY UNLIMITED NATURAL RESOURCE - ISOLATED GEOLOGICAL
STRATA, CUT OFF FROM THE SURFACE BY LAYERS OF IMPERMEABLE ROCK AND
PRESUMABLY BELOW ANY LEVEL THAT WOULD BE OF PUBLIC CONCERN.
WASTE INJECTION WELLS ARE BUILT LIKE OIL WELLS, WITH STEEL AND
CONCRETE CASING TO CONTAIN THE ACIDS, PESTICIDE RESIDUES, SULFATES,
PHENOLS OR CHLORIDES THAT ARE FORCED DOWN THE SHAFTS UNDER PRESSURE.
BUT SOME PUBLIC OFFICIALS, ENGINEERS AND SCIENTISTS HAVE STRONG
MISGIVINGS, SAYING THAT DEEP-WELL INJECTION OF WASTES AMOUNTS TO
"SWEEPING THINGS UNDER THE RUG."
CRITICS SAY THAT TOO MANY THINGS CAN GO WRONG, POSSIBLY CONTAMINATING
DRINKING WATER AND EVEN CAUSING EARTHQUAKES. AND THEY SAY IT IS
SHORTSIGHTED TO CONTAMINATE, DELIBERATELY AND PERMANENTLY, PORTIONS OF
THE EARTH THAT MAY BE NEEDED SOME DAY FOR GEOLOGICAL STUDIES, MINING OR
GEOTHERMAL POWER EXTRACTION.
IN DISPOSING OF INDUSTRIAL FUIDS, AS CONTRASTED WITH HIGH-LEVEL
RADIOACTIVE WASTES, ECONOMY IS MORE OF A PROBLEM THAN TECHNOLOGY.
PUBLIC CONCERN OVER THE DANGER OF SUCH CHEMICALS IS RISING, (WORD
ILLEGIBLE) BY SUCH INCIDENTS AS THE RECENT LOVE CANAL CALAMITY IN
UPSTATE NEW YORK IN WHICH INDUSTRIAL WASTES THAT WERE THOUGHT TO HAVE
BEEN PERMANENTLY DISPOSED OF RESURFACED TO THREATEN THE SAFETY OF
HUNDREDS OF PEOPLE.
DEEP-WELL INJECTION, WHICH IS OFTEN LESS EXPENSIVE THAN CHEMICALLY
NEUTRALIZING THE WASTES AND DUMPING THEM ABOVE-GROUND IS USED BY MANY
LEADING CONCERNS IN SUCH INDUSTRIES AS CHEMICALS, STEEL, PAPER,
PHARMACEUTICALS AND FOOD PROCESSING.
NO ONE KNOW EXACTLY HOW MANY WASTE INJECTION WELLS ARE OPERATING IN
THE NATION OR HOW MUCH OF ANY ONE SUBSTANCE IS BEING INJECTED. THE EPA
ESTIMATES THERE ARE 300 TO 400 SUCH WELLS IN 22 STATES.
UNTIL LONG-DELAYED E.P.A. REGULATIONS ARE PUT INTO EFFECT, THE WELLS
ARE UNDER ONLY STATE SURVEILLANCE. STATE REGULATIONS VARY; NEW YORK,
NEW JERSEY AND SOME OTHER STATES BAN THE PRACTICE, WHILE ELSEWHERE IT IS
TOLERATED OR ENCOURAGED. ONE 4,600-FOOT-DEEP WELL IN LOUISIANA RECOVERS
WASTES FROM STATES AS FAR AWAY AS NEW JERSEY.
CRITICS CITE NUMEROUS INSTANCES IN WHICH DEEP-WELL WASTE DISPOSAL HAS
GONE AWRY, INCLUDING THE FOLLOWING:
"IN THE 1960'S DENVER EXPERIENCED A SERIES OF EARTHQUAKES THAT WERE
TRACED TO THE PRESSURES SET UP BY DEEP-WELL INJECTION OF WASTES FROM
NERVE GAS PRODUCTION AT THE ROCKY MOUNTAIN ARSENAL. THE INJECTION WAS
STOPPED AND THE EARTHQUAKES STOPPED.
"IN 1968 A WELL AT ERIE, PA., INTO WHICH A PAPER COMPANY HAD BEEN
INJECTION 150,000 GALLONS OF WASTES A DAY, SUDDENLY SENT UP A GEYSER
THAT WENT 20 FEET INTO THE AIR. AN ESTIMATED FOUR MILLION GALLONS
GUSHED OUT IN THE THREE WEEKS IT TOOK TO CAP THE WELL.
EXPONENTS OF DEEP-WELL INJECTION ATTRIBUTE THESE AND OTHER MISHAPS TO
IMPROPER ENGINEERING AND CONTEND THAT THEY HAVE OCCURRED AT AN
INSIGNIFICANT MINORITY OF SUCH FACILITIES.
FEDERAL RESPONSES TO THE PRACTICE HAVE VARIED WATER POLLUTION
OFFICIALS IN 1970 OPPOSED IT, AND THE THEN INTERIOR SECRETARY, WALTER J.
HICKEL, ORDERED IT INVESTIGATED, AS A POSSIBLE "FRANKENSTEIN MONSTER".
BUT THE GEOLOGICAL SURVEY ENDORSED THE PRACTICE AS A WAY OF LESSENING
SURFACE POLLUTION.
CONGRESS, CONCERNED ABOUT POSSIBLE CONTAMINATION OF GROUND WATER, THE
SOURCE OF MOST OF THE NATION'S DRINKING WATER, DIRECTED THE
ENVIRONMENTAL AGENCY IN 1974 TO PUBLISH MANDATORY GUIDELINES FOR STATE
SUPERVISION OF INJECTION WELLS BY JANUARY 1976.
HOWEVER, THE PROPOSED REGULATIONS THAT IT PUBLISHED IN JANUARY 1976
EVOKED A STORM OF CRITICISM FROM A VARIETY OF GROUPS. THESE RANGED FROM
THE OIL WELL INDUSTRY, ALREADY PUTTING OUTFIELD BRINE BACK UNDERGROUND
THROUGH A HUNDRED THOUSAND INJECTION WELLS, TO THE PRESIDENT'S COUNCIL
ON WAGE AND PRICE STABILITY, WHICH WAS CONCERNED ABOUT ADDING TO
INFLATION BY IMPOSING ADDITIONAL COSTS ON INDUSTRY.
INSTEAD OF FOLLOWING ITS USUAL PRACTICE OF AMENDING ITS PROPOSALS IN
RESPONSE TO PUBLIC COMMENTS, THE ENVIRONMENTAL AGENCY WITHDREW THEM AND
STARTED ALL OVER AGAIN. THE REVISED DRAFT, PROMISED FOR A YEAR AGO, IS
NOW SAID TO BE UNNUNENT. IT WILL GO BEFORE THE PUBLIC FOR COMMENT
BEFORE BEING FINALLY PROMULGATED.
THE GUIDELINES ARE EXPECTED TO FOLLOW THE GENERAL OUTLINES OF
REGULATIONS THAT MANY INJECTION WELL STATE'S ALREADY HAVE, REQUIRING
PERMITS, DETAILS OF THE PROPOSED WELL AND INJECTION PLANS, AND PERIODIC
REPORTING OF INJECTION ACTIVITIES. THERE WILL BE NO ATTEMPT TO LIMIT
THE NUM-ER OF INJECTION WELLS OR TO PROHIBIT THE INJECTION OF ANY
PARTICULAR SUBSTANCES, SAID THOMAS BELK, THE FEDERAL OFFICIAL IN CHARGE
OF THE UNDERGROUND INJECTION CONTROL PROGRAM.
BEGINNING IN 1981, SURFACE DISPOSAL OF HAZARDOUS WASTES IS TO BE
LIMITED TO A RELATIVELY SMALL NUMBER OF CAREFULLY REGULATED DISPOSAL
SITES UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. THIS,
ACCORDING TO THE ENVIRONMENTAL AGENCY, WILL INCREASE FIVEFOLD THE $115
MILLION A YEAR NOW BEING SPENT FOR HAZARDOUS-WASTE MANAGEMENT BY 17
MAJOR INDUSTRIES.
DEEP-WELL INJECTION, WHERE IT IS PERMITTED, MAY BE AN ECONOMICALLY
ATTRACTIVE ALTERNATIVE. AN INJECTION WELL MAY COST THE BETTER PART OF A
MILLION DOLLARS TO DRILL, BUT EVEN NOW MANY INDUSTRIES FIND THEM CHEAPER
THAN THE PRESENT ROUGH-AND-READY SURFACE DISPOSAL METHODS.
A NEW YORK TIMES SURVEY OF LEADING DEEP-WELL STATES FOUND NO
CATEGORICAL PROHIBITION OF THE INJECTION OF ANY SUBSTANCE EXCEPT
POLYCHLORINATED BIPHENYLS (PCB'S), THE INDUSTRIAL INSULATING MATERIAL,
FOR WHICH THE E.P.A. PRESCRIBES INCINERATION.
STATES COMMONLY HAVE A NOMINAL REQUIREMENT THAT COMPRISES SEEKING
WASTE INJECTION PERMITS MAKE A CASE THAT OTHER DISPOSAL METHODS ARE NOT
FEASIBLE. BUT OFFICIALS INDICATED THAT THE "INFEASIBLITY" PROVISO WAS
VERY LOSELY CONSTRUCTED.
TEXAS HAS ABOUT 70 WELLS, THE LARGEST CONCENTRATION IN THE COUNTRY,
LOUISIANA HAS 57. OTHER STATES THAT HAVE THEM INCLUDE OHIO, ILLINOIS,
MICHIGAN, MISSISSIPPI, AND FLORIDA.
DIAGRAM OMITTED.
INJECTION WELLS
THE FEDERAL NUCLEAR RESEARCH CENTER. IN OAK RIDGE, TENN., ACCORDING
TO THE E.P.A. HAS TWO WELLS INTO WHICH LOW-LEVEL RADIOACTIVE WASTES ARE
PUMPED.
SOME SCIENTISTS HAVE ESTIMATED THAT HALF THE TERRAIN IN THE UNITED
STATES IS GEOLOGICALLY SUITABLE FOR INJECTION WELLS. THE CHIEF
REQUIREMENT IS POROUS ROCK STRATA BELOW AN IMPERVIOUS LAYER OR ROCK,
WHICH IN TURN UNDERLIES THE GROUND WATER TABLE.
SOME POROUS FORMATIONS ARE ESTIMATED TO HAVE A CAPACITY, IN AREAS AS
SMALL AS A SQUARE MILE, TO ACCOMMODATE CENTRIES OF WASTE INJECTION AT
CURRENT RATES. HOWEVER, GEOLOGISTS SAY THAT ANYTHING INJECTED USUALLY
HAS TO MAKE SPACE FOR ITSELF BY DISPLACING SOME OTHER FLUID, SUCH AS
WATER, OR BY DEFORMING EXISTING ROCK FORMATIONS.
ONE NOTEWORTHY SUPPORTER OF WASTE INJECTION IS DR. JAY LOHR,
EXECUTIVE DIRECTOR OF THE NATIONAL WATER WELL ASSOCIATION, A UTILITY
TRADE GROUP:
"MY PRIMARY PURPOSE IN LIFE IS PROTECTION OF UNDERGROUND WATER," HE
SAID, "AND I CONSIDER DEEP-WELL INJECTION A VERY GOOD SYSTEM FOR
DISPOSAL OF LOW-LEVEL VOLUME, HIGHLY TOXIC WASTES. THE WELLS DON'T POSE
ANY REAL THREAT."
NEW YORK AND NEW JERSEY OFFICIALS EXPRESS OPPOSITION JUST AS
STRONGLY.
"WE DON'T HAVE ANY REGULATIONS COVERING UNDERGROUND WASTE INJECTION -
IT'S JUST A BLANKET "NO"" AND FRANK MARKEWICZ, SUPERVISING GEOLOGIST OF
NEW JERSEY'S DEPARTMENT OF ENVIRONMENTAL PROTECTION "WE'D NEVER GIVE
PERMISSION FOR IT. WE GOT ENOUGH PROBLEMS WITH WATER POLLUTION WITHOUT
ASKING FOR ANY MORE."
WILLIAM GARVEY, OFFICER IN THE SATER DIVISION OF NEW YORK DEPARTMENT
OF ENVIRONMENTAL CONSERVATION, SAIT THAT WHILE APPROVAL OF SOME DISPOSAL
WELL APPLICATIONS SOME YEARS BACK HAD BEEN CONSIDERED, IT HAD NOT BEEN
GRANTED. "IT'S JUST SWEEPING THINGS UNDER THE RUG." HE SAID. "YOU'RE
LOSING SIGHT AND CONTROL OF WASTE, AND THAT BOTHERS US. WE HAVE AN IDEA
OF WHAT'S GOING ON IN THOSE DEEP FORMATIONS BUT YOU CAN'T BE SURE.
NOBODY'S BEEN DOWN THERE AND SEEN."
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 078 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110017
49-738 1643
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SOME REASON THEY DID NOT, AND THEY DUMPED IT.
WHEN THE STATE OF MICHIGAN FOUND IT, THEY ADVISED US. WE IMMEDIATELY
CONTACTED THIS FIRM, AND THEY HAULED IT AWAY TO OHIO TO INCINERATE IT.
THEY HAD AN INCINERATOR WHICH WAS PRESUMABLY DESIGNED TO DO THE JOB, BUT
APPARENTLY IT WASN'T. THE STATE OF OHIO WOULD NOT GIVE THEM THE PROPER
AUTHORITY TO INCINERATE ANY MATERIALS. SO IT HAS BEEN SITTING THERE FOR
MANY MONTHS IN A TANK IN OHIO. NOTHING HAS BEEN DONE.
WE ARE CONCERNED ABOUT THE MATERIAL SITTING THERE. SO ON OUR OWN, WE
WENT DOWN THERE TO TRY TO MAKE ARRANGEMENTS TO HAVE IT REMOVED AND HAVE
IT TAKEN TO A DIFFERENT FIRM TO HAVE IT INCINERATED.
I THINK WE ARE GETTING CLOSER, BUT WE HAVE HAD AN AWFUL LOT OF
TROUBLE IN BEING ABLE TO GET THAT MATERIAL OUT OF THAT SITE.
MR. MOTTL. WHAT IS THE QUANTITY OF THE MATERIAL PRESENTLY AT THAT
SITE?
MR. DAVIS. IT HAS BEEN MIXED WITH SOME OIL, SO IT IS NOT JUST STRICT
(LETTER ILLEGIBLE) 56 ANY MORE.
IF I MIGHT CHECK, I CAN FIND OUT PERHAPS WHAT THE APPROXIMATE AMOUNTS
ARE.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 079 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110018
49-738 1643
44-15
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MICROFORM REFILMED; SEE APPENDICES
IT IS 5,000 TO 7,000 GALLONS TOTAL, INCLUDING THE OIL THAT HAS BEEN
MIXED WITH IT. IT WAS MIXED BY THE SUMMIT FIRM, SO IT IS NOT PURE C-56.
MR. MOTTL. WHO TRANSPORTED THIS C-56 FROM MICHIGAN TO OHIO?
MR. DAVIS. APPROVED DISPOSAL - WE ARE NOT SURE OF THE NAME, IF YOU
LIKE, WE CAN DOUBLECHECK THAT AND GET BACK TO YOU.
MR. MOTTL. YES; COULD YOU SUPPLY IT FOR THE RECORD PLEASE?
MR. DAVIS. YES, SIR.
MR. ECKHARDT. WITHOUT OBJECTION, THE RECORD WILL BE HELD OPEN AT
THIS POINT TO RECEIVE THE MATERIAL REQUESTED.
(SEE APPENDIX C, P. 1703.)
MR. MOTTL. ARE YOU FAMILIAR WITH DETREX INDUSTRIES OF ASHTABULA,
OHIO? HAVE YOU HAD ANY ASSOCIATION WITH THEM?
MR. DAVIS. I'M NOT. APPARENTLY, SOME OF THE MEMBERS OF THE
ORGANIZATION ARE; BUT I'M NOT FAMILIAR WITH THEM.
MR. MOTTL. HAVE YOU HAD ANY BUSINESS CONNECTIONS WITH WASTE
MATERIALS WITH THIS COMPANY?
MR. WILKENFELD. NOT ON WASTE MATERIALS THAT I KNOW OF.
MR. MOTTL. WHAT BUSINESS HAVE YOU HAD WITH THEM?
MR. WILKENFELD. YEARS AGO, WE HAD A JOINT VENTURE IN ASHTABULA,
OHIO, IN MANUFACTURING TRICHLORETHYLENE. THIS WAS DISSOLVED WHEN WE
ACQUIRED NIAGARA ALKALI SOMETIME IN THE 1950'S.
BECAUSE OF THE ANTITRUST IMPLICATIONS, WE HAD TO DIVEST OURSELVES OF
OUR SHARE. DETREX BOUTH OUT THE PLANT. THAT'S THE ONLY RELATIONSHIP
THAT I KNOW.
MR. MOTTL. ARE THERE ANY OTHER COMPANIES THAT EITHER HOOKER OR
OCCIDENTAL PETROLEUM ARE ASSOCIATED OR AFFILIATED WITH IN THE STATE OF
OHIO IN DUMPING CHEMICAL WASTES?
MR. WILKENFELD. WE HAVE A MANUFACTURING FACILITY IN KENTON, OHIO.
MR. DAVIS. WE HAVE A RESIN MANUFACTURING OPERATION IN KENTON, OHIO.
IT MANUFACTURES FORMALDEHYDE RESINS.
MR. MOTTL. WHY AREN'T YOU INCINERATING ALL OF YOUR WASTES ON YOUR
OWN PROPERTY THERE IN NIAGARA, INSTEAD OF SHIPPING IT TO OHIO?
MR. DAVIS. YOU HAVE TWO SITUATIONS. YOU HAVE AN AQUEOUS MATERIAL
CALLED LEACHATE, WHICH HAS A VERY LARGE PERCENT OF WATER. THE OTHER
THING THAT YOU HAVE IS PRIMARILY 100 PERCENT ORGANIC RESIDUE MATERIALS.
THE DESIGN OF THE REACTOR INCINERATOR UNIT IS TO TAKE THOSE ORGANIC
MATERIALS AND BURN THEM. ESSENTIALLY, WHEN THEY GET THE THING GOING, IT
IS A SELF-MAINTAINING SYSTEM.
WE INTRODUCED THIS AQUEOUS MATERIAL INTO THE INCINERATOR, AND IT
VAPORIZES THE ORGANIC CONTENT. THAT, IN TURN, IS ALSO BURNED.
THERE IS A LIMIT TO THE CAPACITY OF THAT INCINERATOR TO HANDLE THE
COMBINED WATER AQUEOUS LEACHATE PLUS THE ORGANIC LAYER.
MR. ECKHARDT. THE SUBCOMMITTEE WILL RECESS FOR 10 MINUTES.
(BRIEF RECESS).
MR. ECKHARDT. THE SUBCOMMITTEE WILL COME BACK TO ORDER.
WITHOUT OBJECTION, THE RECORD WILL BE KEPT OPEN AT THIS POINT FOR
FURTHER WRITTEN QUESTIONS WITH RESPECT TO THE OHIO QUESTION.
(SEE APPENDIX A, P. 1681.)
MR. ECKHARDT. MR. WILKENFELD, WHAT TYPE OF AGRICULTURAL PRODUCTS ARE
PRODUCED AT OCCIDENTAL CHEMICAL CO. PLANT NEAR LATHROP, CALIF.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 080 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110019
49-738 1643
44-15
46-17
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CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
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MICROFORM REFILMED; SEE APPENDICES
MR. WILKENFELD. THE PLANT IN LATHROP, CALIF., MAKES FERTILIZERS AND
DOES SOEM PESTICIDE FORMULATING.
MR. ECKHARDT. WHAT ARE THE PRINCIPAL WASTE STREAM COMPONENTS DERIVED
FROM THE FERTILIZER AND ASSOCIATED CHEMICAL MANUFACTURING PROCESS AT
THIS FACILITY?
MR. WILKENFELD. THE PRINCIPAL WASTE STREAMS ARE SULPHATES AND SOME
STREAMS CONTAINING SULPHURIC ACID.
MR. ECKHARDT. ARE THERE ANY RADIOACTIVE ELEMENTS?
MR. WILKENFELD. NOT TO MY KNOWLEDGE.
MR. ECKHARDT. ANY FLOURIDE?
MR. WIOKENFELD. POSSIBLY.
MR. ECKHARDT. PHOSPHATE OIL?
MR. WILKENFELD. THERE COULD BE PHOSPHATES IN THEM.
MR. ECKHARDT. METAL CATALYSTS?
MR. WILKENFELD. NOT METAL TAILINGS.
MR. ECKHARDT. ARE THERE METAL-CONTAINING CORROSION INHIBITORS?
MR. WILKENFELD. THERE MIGHT BE SOME CORROSION INHIBITORS IN THERE.
MR. ECKHARDT. WHAT IS THE DISPOSITION OF THESE WASTE STREAM
COMPONENTS?
MR. WILKENFELD. THERE ARE SEVERAL WASTE STREAMS AT THE PLANT, MOST
OF WHICH WERE BEING SENT TO PONDS IN THE BACK OF THE PROPERTY- SOME FOR
COOLING AND SOME FOR SETTLING OF SOLIDS AND RECYCLING.
MR. ECKHARDT. DO YOU RECOVER SOLIDS FROM THE WASTE WATER PONDS?
MR. WILKENFELD. YES.
MR. ECKHARDT. APPROXIMATELY HOW MANY DIFFERENT PESTICIDE PRODUCTS
ARE FORMULATED AT THE LATHROP FACILITY, INCLUDING HERBICIDES,
FUNGICIDES, AND INSECTICIDES?
MR. WILKENFELD. I'M SORRY, I DON'T KNOW THE NUMBER.
MR. ECKHARDT. YOU DON'T KNOW?
MR. WILKENFELD. NO; WE CAN OBTAIN IT FOR YOU.
MR. ECKHARDT. WITHOUT OBJECTION, THE RECORD WILL BE HELD OPEN AT
THIS POINT TO RECEIVE THE MATERIAL REQUESTED.
(SEE APPENDIX C, P.1703).
MR. ECKHARDT. I UNDERSTAND THAT DIBROMOCHLOROPROPANE (DBPC) WAS
MANUFACTURED AT THE LATHROP PLANT UNTIL 1975, WHEN IT WAS DISCONTINUED;
IS THAT CORRECT?
MR. WILKENFELD. THAT'S RIGHT.
MR. ECKHARDT. I WOULD NOTE FOR THE RECORD THAT DBCP - A ROOT CROP
AND VEGETABLE CROB PESTICIDE - MAY BE CARCINOGENIC AND HAS BEEN SHOWN TO
CAUSE STERILITY.
IN 1977, EPA CONDITIONALLY SUSPENDED REGISTRATION OF ALL PESTICIDE
PARTICLES CONTAINING DBCP, STATING THAT IT "POSES A CANCER RISK TO MAN
AND CAUSES ADVERSE REPRODUCTIVE EFFECTS ON HUMAN MALES."
WHAT IS THE DISPOSTION OF THE WASTE STREAM PESTICIDE FORMULATION AT
THE LATHROP FACILITY?
MR. WILKENFELD. AT ONE TIME, THE WASTE STREAMS FROM THE PESTICIDE
FORMULATION WOULD GO TO ONE OF THE PONDS. THIS WAS DISCONTINUED AWHILE
BACK, AND ALL OF THESE MATERIALS GO TO A CLASS A LANDFILL IN CALIFORNIA.
A CLASS A LANDFILL IS A SECURE LANDFILL OPERATED TO HANDLE
MATERIALS OF THIS SORT.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 081 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110020
49-738 1643
44-15
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CORRESPONDENCE
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ARTICLE CLIPPING
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INTERNAL MEMO
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MR. ECKHARDT. IS THAT A SOLID WASTE DISPOSAL AREA FOR THE ENTIRE
PLANT OR IS IT SEGREGATED FOR THIS KIND OF PESTICIDE?
MR. WILKENFELD. THE MATERIAL IS NOT GOING TO A WASTE DISPOSAL AREA
ON THE PLANT AT ALL NOW.
MR. ECKHARDT. UP UNTIL 1970, YOU BURIED IT IN PITS IN AN AREA CALLED
THE BONEYARD; DID YOU NOT?
MR. WILKENFELD. YES. THERE WAS SOME BURIAL IN THE BONEYARD.
MR. ECKHARDT. THEN UP UNTIL 1976, ALL LIQUID PESTICIDE WASTES WERE
DUMPED INTO A WASTE POND AREA WITHIN THE FACILITY; RIGHT?
MR. WILKENFELD. THAT'S RIGHT.
MR. ECKHARDT. AND SINCE 1976, PESTICIDE WASTES HAVE BEEN COLLECTED
IN LARGE HOLDING TANKS AND HAULED TO A CLASS I DUMP SITE IN RICHMOND,
CALIF.
MR. WILKENFELD. THAT'S RIGHT.
MR. ECKHARDT. I UNDERSTAND THE SOIL IN THE LATHROP AREA IS VERY
PERMEABLE. THE WATER TABLE IS RELATIVELY CLOSE TO THE SURFACE AND
GROUND WATER IS AN IMPORTANT WATER SUPPLY FOR AGRICULTURAL, INDUSTRIAL,
AND HUMAN USES.
GIVEN THE PERMEABILITY OF THE WASTE MATERIALS BURIED IN THE BONEYARD
AREA OF THE LATHROP FACILITY OVER THE YEARS -- PESTICIDES, PENTOXIDE,
COPPER, ZINC COMPOUNDS, AND SO FORTH -- HAS THE LATHROP FACILITY
EXPERIENCED ENVIRONMENTAL PROBLEMS FROM LEACHING WASTE IN THE GROUND
WATER?
MR. WILKENFELD. THERE ARE SOME STRONG INDICATIONS THAT THEY HAVE.
WE HAVE UNDERTAKEN AN EXTENSIVE PROGRAM OF CORRECTIVE ACTION TO
DETERMINE THE EXTENT OF THE CONTAMINATION, HOW TO CONTAIN IT, WHAT MIGHT
BE DONE ABOUT IT, AND A MODIFICATION PLAN FOR THE PLANT TO CLOSE THE
SYSTEM SO THAT THERE IS NO DISCHARGES TO GROUND WATER IN ANY SHAPE OR
FORM.
MR. ECKHARDT. ON MARCH 9 OF THIS YEAR, I UNDERSTAND OCCIDENTAL
APPLIED FOR A PERMIT TO CALIFORNIA AUTHORITIES TO REMOVE THE PESTICIDES
FROM A POND AND THE BONEYARD AREA OF THE LATHROP FAMILY. IS THAT
CORRECT?
MR. WILKENFELD. I'M NOT POSITIVE OF THE DATE OR THE EXACT CONTENT.
MR. ECKHARDT. BUT IT HAS BEEN DONE?
MR. WILKENFELD. YES.
MR. ECKHARDT. WHY DID OCCIDENTAL INITIATE THIS ACTION?
MR. WILKENFELD. BECAUSE THERE WERE INDICATIONS THAT THESE WERE
CAUSING PROBLEMS AND THAT THEY NEEDED TO BE CORRECTED.
MR. ECKHARDT. ON MARCH 23, 1978, ACCORDING TO MY INFORMATION, THE
CENTRAL VALLEY REGIONA WATER QUALITY CONTROL BOARD HELD A HEARING IN
SACRAMENTO REGARDING THE LATHROP SITUATION AND ISSUED A CEASE AND DESIST
ORDER REQUIRING OCCIDENTAL TO DO THREE THINGS:
FIRST, TO SURVEY THE PLANTSITE AND DETERMINE BY JUNE 1, 1979, THE
AREA AND EXTENT OF PESTICIDE CONTAMINATION.
SECOND, TO REMOVE ALL PESTICIDES AND DISPOSE OF THEM IN CLASS I SITE
AND A CHEMICALLY SECURE LANDFILL BY JULY 15, 1979.
THIRD, TO PREPARE A REPORT SIGNED BY A REGISTERED CIVIL ENGINEER AND
AN ENGINEERING GEOLOGIST BY AUGUST 15, 1979, DESCRIBING THE AERIAL
EXTENT OF GROUND WATER POLLUTION AND THE DIRECTION OF THE MOVEMENT, AND
RECOMMENDED ACTION, INCLUDING A TIME SCHEDULE.
IS THAT SUBSTANTIALLY CORRECT?
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 082 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110021
49-738 1643
44-15
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CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
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INTERNAL MEMO
HOUSE
MR. WILKENFELD. YES.
MR. ECKHARDT. DOES OCCIDENTAL PLAN TO COMPLY WITH THE PROVISIONS OF
THIS ORDER OR APPEAL IT?
MR. TRUITT. MR. CHAIRMAN, I THINK MY PARTNER, MR. WATSON, CAN
RESPONS FULLY TO THAT QUESTION. I DON'T THINK THAT MR. WILKENFELD HAS
THE INFROMATION, SIR.
MR. ECKHARDT. IT JUST REQUIRES AN ANSWER WHETHER THEY ARE GOING TO
COMPLY OR APPEAL. I SUPPOSE YOU CAN TELL US THAT OR TELL US THAT YOU
HAVEN'T MADE UP YOUR MIND YET.
MR. WATSON. IT IS THE BEST OF MY INFORMATION THAT THAT ORDER IS THE
SUBJECT OF DISCUSSIONS BETWEEN THE STAFF AND PEOPLE AT THE FACILITY.
THE ORDER MAY BE MODIFIED IN THE COMING WEEKS.
OF COURSE, THE COMPANY WILL COMPLY TO THE EXTENT THAT THE ORDER IS
NOT MODIFIED.
MR. ECKHARDT. I HAVE A FEW QUESTIONS ABOUT COLUMBIA, TENN. I
UNDERSTAND THAT THERE IS A FACILITY THERE WHICH MANUFACTURES PHOSPHOROUS
AND PHOSPHORIC ACID; RIGHT?
MR. DAVIS. THAT'S CORRECT.
MR. ECKHARDT. HOOKER OPERATES PHOSPHATE ORE WASHING FACILITIES IN
GODWIN AND WILLIAMSPORT, TENN., WITHIN 20 MILES OF THE COLUMBIA
FACILITY?
MR. DAVIS. THAT'S CORRECT.
MR. ECKHARDT. WOULT IT BE CORRECT TO STATE THAT THERE ARE
ESSENTIALLY THREE MAJOR CATEGORIES OF WASTE PRODUCTS WHICH RESULT FROM
THE MANUFACTURE OF ELEMENTAL PHOSPHOROUS AND PHOSPHORIC ACID -- THAT IS,
PHOSSY WASTE WATER, NONPHOSSY WASTE WATER, AND SLAG?
MR. DAVIS. YES, SIR. ALSO, THERE ARE TAILINGS FROM THE WASHING
OPERATIONS AS WELL.
MR. ECKHARDT. WOULD YOU AGREE THAT THE ELEMENTAL PHOSPHOROUS IS THE
TOXIC AND HAZARDOUS COMPONENT OF PHOSSY WATER?
MR. DAVIS. PHOSPHOROUS IS A TOXIC CHEMICAL. IT IS A RELATIVELY
INSOLUBLE CHEMICAL. IT IS NOT LIKELY TO CREATE SIGNIFICANT LEACHATE.
IT WILL BURN AND BURN WHEN EXPOSED TO AIR.
MR. ECKHARDT. THE WATER WASTE FROM THE PLANT CONTAINS ENOUGH
PHOSPHOROUS TO BE HARMFUL TO AQUATIC LIFE, DOES IT NOT?
MR. DAVIS. THERE HAVE BEEN TWO INCIDENTS OF FISHKILL BECAUSE OF A
FAILURE OF OUR SYSTEM.
MR. ECKHARDT. I THOUGHT THERE WERE FIVE FISHKILLS THAT TOOK PLACE IN
THE DUCK RIVER AND RUTHERFORD CREEK AREA.
MR. DAVIS. I'M SORRY, SIR, I STAND CORRECTED.
THERE HAVE BEEN SEVERAL. I THOUGHT IT WAS ONLY TWO. YOU HAVE BETTER
INFORMATION THAT I.
MR. ECKHARDT. AND HOOKER HAS BEEN FINED AS A RESULT?
MR. DAVIS. YES, SIR.
THESE CAME ABOUT AS THE RESULT OF A BREAK IN A CULVERT SYSTEM AND AS
A FAILURE OF A GORUND CABLE WHICH CUT OFF OUR SUMP PUMPS SO THAT WE WERE
UNABLE TO PUMP THE MATERIAL.
MR. ECKHARDT. DOES PHOSSY WATER ALSO HAVE A HAZARDOUS COMPONENT
CALLED CALCIUM FLUORIDE?
MR. DAVIS. GENERALLY, THE CALCIUM FLUORIDE IS FROM ANOTHER PART OF
THE PLANT OPERATIONS AND IS STORED IN A SEPARATE LANDFILL AREA. IT IS
NOT A GENERAL PART OF THE PHOSSY WATER SYSTEM.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 083 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110022
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MICROFORM REFILMED; SEE APPENDICES
MR. ECKHARDT. IS THERE FURNISHED SLAG THAT COMES FROM THIS PLANT?
MR. DAVIS. YES, SIR; THERE IS.
THAT MATERIAL, OR A PORTION OF IT, IS USED AS A SUBSTITUTE FOR
GRAVEL IN ROAD CONSTRUCTION.
MR. ECKHARDT. DOES IT SOMETIMES CARRY WITH IT RADIOACTIVE
SUBSTANCES?
MR. DAVIS. THE PHOSPHOROUS PHOSPHATE ORES IN TENNESSEE ARE UNIQUELY
DIFFERENT FROM THE PHOSPHATE ORES IN FLORIDA AND NORTH CAROLINA OR IN
THE FAR WEST.
THE URANIUM CONTENT, BECAUSE IT IS OF AN ENTIRELY DIFFERENT GEOLOGIC
ERA, IS SIGNIFICANTLY LESS.
THE RADIOACTIVITY OF THE TAILINGS FROM THE COLUMBIA PLANT, THE LEVELS
ARE BARELY DISCERNIBLE ABOVE BACKGROUND RADIATION. IN FACT, THE TVA HAS
RUN TESTS OF BUILDING CONSTRUCTION MATERIALS MADE FROM THIS SLAG AND
COMPARED IT TO BUILDINGS MADE IN ALABAMA WITHOUT USE OF THIS MATERIAL
AND FIND, IN FACT, THAT THE RADIATION LEVELS ARE LOWER IN THE HOMES MADE
FROM TENNESSEE SLAG.
MR. ECKHARDT. CONSIDERING PHOSPHOROUS AND CALCIUM FLOURIDE AND
WHATEVER ELSE MAY APPEAR IN THE SOLID WASTE, WOULD IT BE FAIR TO
CLASSIFY THE MATERIALS AS HAZARDOUS WASTES COMING FROM THE PLANT?
MR. DAVIS. I WOULD SAY THAT CALCIUM FLOURIDE DOES OCCUR ALSO
NATURALLY, BUT CALCIUM FLUORIDE COULD BE CONSIDERED TO BE POTENTIALLY
HAZARDOUS AND PHOSPHOROUS VERY DEFINITELY IS.
MR. ECKHARDT. AS I UNDERSTAND IT, THERE ARE ABOUT SEVEN ACTIVE
SETTLING PONDS FOR NONPHOSSY WASTE AND SIX FOR PHOSSY WATER ON THE SITE
IN COLUMBIA; IS THAT CORRECT?
MR. DAVIS. I'M NOT SUREOF THE EXACT NUMBER, BUT THERE IS A SERIES OF
SETTLING PONDS IN THE PHOSSY WATER SYSTEM. WE TRY TO MAINTAIN A CLOSED
LOOP ON THAT.
MR. ECKHARDT. IS THERE A POSSIBILITY THAT THERE WILL BE LEACHING
FROM THESE PONDS INTO THE RATHER POROUS SOIL AROUND THAT AREA?
MR. DAVIS. I DON'T BELIEVE THAT WE KNOW THAT THERE IS EVIDENCE OF
ANY MATERIAL LEACHING OUT OF THE PHOSSY WATER SYSTEM, BUT THERE HAVE
BEEN INCIDENTS, AND THIS IS ONE OF THE THINGS THAT LED TO THE FISHKILL,
WHERE DURING HEAVY RAIN PERIODS IN TENNESSEE, THE CLOSED SYSTEM WAS
INADEQUATE TO HANDLE THE RUNOFF FROM THE ENTIRE AREA AND THE PHOSSY
WATER CLOSED LOOP SYSTEM FILLED UP AND OVERFLOWED.
THERE ARE ABOUT 3 MONTHS OUT OF THE YEAR WHEN THERE ARE HEAVY
RAINFALLS DOWN THERE.
THAT IS ALL PART OF A CURRENT DISCUSSION WE HAVE WITH THE EPA.
MR. ECKHARDT. I AM NOT NECESSARILY TRYING TO CONCLUDE THAT THE
RESULT IS A DANGEROUS RESULT AS OF NOW.
I THINK YOU DRAINED SOME OF THE PONDS, AND SOME OF THESE AREAS HAVE
BEEN ABANDONED WHERE THE WATER HAS STOOD FOR A PERIOD OF TIME.
WHAT KIND OF MONITORING DO YOU DO WITH RESPECT TO THE LOCATIONS OF
THESE PONDS, THE RECORDING OF IT, AND THE NATURE OF THE SITUATION?
DO YOU MONITOR THESE ABANDONED WASTES IN ANY WAY?
MR. DAVIS. WE HAVE MONITORED THE CALCIUM FLUORIDE GASKILL DISPOSAL
SIT. WE HAVE OCCASIONALLY MEASURED UNDERGROUND WATERFLOWS ACROSS THAT
DISPOSAL SITE.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 084 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110023
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
WE HAVE FOUND, OCCASIONALLY, EVIDENCE OF CALCIUM FLUORIDE, WHICH HAS
GONE FROM THAT FARM INTO THE DUCK RIVER. WE HAVE REPORTED IT TO THE
LOCAL AUTHORITIES, AND THEY ARE AWARE OF IT.
MR. ECKHARDT. I UNDERSTAND THAT YOU HAVE SOME DOCUMENTS, MORE OR
LESS RECOGNIZING THE POSSIBLE EXISTENCE OF DANGERS.
I HAVE ONE THAT SAYS AS FOLLOWS:
DUE TO PROBLEMS WITH THIS LANDFILL, FOR EXAMPLE, LEACHATE AND
RAINFALL RUNOFF CONTROL, A NEW SITE MUST BE USED. THE EXISTING LANDFILL
MUST BE ABANDONED IN SUCH A CONDITION TO MINIMIZE FUTURE ENVIRONMENTAL
IMPACT.
TWO, RECENTLY, THERE WAS A CITATION FROM THE TAPC FOR OPEN BURNING AT
THE DUMP. GARRETT, JUNE 5, 1977, CT 314.
THREE, THE DREDGE MATERIAL, WHEN IT IS PLACED IN THE DUMP, HAS A HIGH
WATER CONTENT. THIS WATER FLOWS INTO A SMALL CREEK. THERE IS A SLAG
DAM TO KEEP THE WATER FROM FLOWING INTO THE RIVER; HOWEVER, WATER SEEPS
THROUGH THIS DAM. SMITH, JULY 5, 1977, (LETTER ILLEGIBLE) 252.
FOUR, A SMALL STREAM OF WATER ISSUING FROM A NEARBY SPRING 1
FLOWSTHROUGH-THE BASE-OF-THE-RAVINE,-PASSING-W;THIN 50FEET OF THE
DUMPING SITE. REPRESENTATIVES OF THE STATE WATER QUALITY ATUHORITY HAVE
SAMPLED THE WATER FROM THIS STREAM BUT HAVE NOT ISSUED A WRITTEN REPORT.
OUR OWN ANALYSIS SHOWS THAT THE STREAM IS PICKING UP HIGH
CONCENTRATIONS OF FLUORIDES -- 10 PPM -- AS IT PASSES THE DUMPSITE. IT
IS PROBABLY THAT SURFACE RUNOFF IS CONTAMINATING THIS STREAM.
FIVE, THE PRESENCE OF A SPRING NEAR THE DUMPSITE LEADS TO CONCERN
ABOUT NATURAL GROUND WATER IN OTHER NEARBY AREAS. THE HYDROLOGY OF THE
AREA ENCLOSING THE PLANT WATER PONDS NEEDS FURHTER STUDY. PRECISE
LOCATIONS AND DIMENSIONS OF BURIED PHOSSY MUD DEPOSITS SHOULD BE PLACED
ON FILE. BNATIA, OCTOPER 21, 1977, CT 127 AND 131.
SIX, THE DUMP ALSO IS A PUBLIC HAZARD AS IT IS UNFENCED. IN
ADDITION, THERE IS A WATER CONTAMINATION RISK FROM CONTACT WITH AN
ADJACENT STREAM. GARRET, 1978, CT (NUMBER ILLEGIBLE).
CAN YOU IDENTIFY THAT DOCUMENT?
MR. DAVIS. I'M SORRY SIR. I DON'T RECOGNIZE THE DOCUMENT.
MR. ECKHARDT. WOULD YOU CHECK AND SEE IF THESE ARE FROM YOUR
DOCUMENTS?
MR. DAVIS. YES, SIR.
COULD YOU GIVE ME THE DATE, THE NAME, AND THE TITLE OF IT?
MR. ECKHARDT. WE CAN SUPPLY IT TO YOU.
MR. DAVIS. I DON'T QUESTION THE VALIDITY OF IT; I'M SURE YOU HAVE
CHECKED THAT OUT.
MR. ECKHARDT. WITHOUT OBJECTION, THE RECORD WILL BE HELD OPEN AT
THIS POINT TO RECEIVE THE MATERIAL REQUESTED.
(SEE APPENDIX C, P. 1703.)
MR. ECKHARDT. I THINK YOU RECOGNIZE THAT THERE ARE POTENTIAL
DANGERS.
MR. DAVIS. YES, SIR.
I MIGHT ALSO POINT OUR, MR. CHAIRMAN, THAT WE HAVE EMPLOYED A
CONSULTING FIRM IN THAT AREA WHO HAS GENERAL KNOWLEDGE OF THE TECHNOLOGY
INVOLVED IN PHOSPHOROUS MANUFACTURE BY THE NAME OF AWARE. WE HAVE BEEN
USING THEM FOR OVER A YEAR NOW IN THIS ENTIRE PROGRAM. WE ARE
DEVELOPING A PILOT PLANT PROGRAM FOR IMPROVING THE TECHNOLOGY FOR THE
TREATMENT AND THE OUTFLOW FROM PHOSPHOROUS MANUFACTURE.
WE HAVE A PROGRAM MOVING FORWARD AT COLUMBIA.
MR. ECKHARDT. I SEE. THAT, UNDOUBTEDLY, IS THE REASON WHY IN ONE, I
REALLY DIDN'T KNOW WHAT THE PARENS MEANT.
IT SAID: "(AWARE, INC., 1978, CT 459)"
I IMAGINE THIS IS PROBABLY A REPORT FROM YOU TO AWARE FOR THEIR
CONSIDERATION.
I WOULD JUST LIKE TO ASK THIS. IT IS MY UNDERSTANDING THAT HOOKER'S
OPERATIONS AT GODWIN AND WILLIAMSPORT COULD ALSO USE SOME IMPROVEMENT.
TESTIMONY OF WILKENFELD J, OLOTKA FT, CARRENO B J, JUDY J AND CZAPLA J, ACCOMPANIED BY WATSON K AND TRUITT TH
HAZARDOUS WASTE DISPOSAL
790410
PART 085 OF 86
WILKENFELD J DIRECTOR OF HEALTH AND ENVIRONMENT, OCCIDENTAL FORMER
INDUSTRIAL WASTE SUPERVISOR, HOOKER
OLOTKA FT INDUSTRIAL WASTE SUPERVISOR
JUDY J PLANT MANAGER
CARRENO BJ INDUSTRIAL WASTE SUPERVISOR
CZAPLA J ENVIRONMENTAL CONTROL OFFICER COUNSEL
TRUITT TH
BRIERLEY GF SAFETY SUPERVISOR
SWEENEY JD
KLETTKE RW
THOMPSON WJ DEPARTMENT HEAD
HARTINGER FM
HARRIS EE
BROGARD JN
PARKER ML PRODUCTION MANAGER
GEDEON ER ACTING ASSISTANT COMMISSIONER FOR ENVIRONMENTAL HEALTH
LAURIE D PLANT MANAGER, TAM DIVISION
FRIEDMAN W M REGIONAL DIRECTOR
ECHELBERGER FL
WOEHR GC SUPPORT MANAGER
MOTTL R M CONGRESSMAN
NERUDA F D VICE PRESIDENT, SPECIAL ENVIRONMENTAL PROGRAMS
HILL G REPORTER
OCCIDENTAL PETROLEUM COMPANY
HOOKER CHEMICAL CORPORATION 345 THIRD STREET BOX 728
U.S. CONGRESS HOUSE OF REPRESENTATIVES
NEW YORK TIMES
110024
49-738 1643
44-15
46-17
HEARINGS
CORRESPONDENCE
REPORT STUDY
ARTICLE CLIPPING
TRANSCRIPT
INTERNAL MEMO
HOUSE
MICROFORM REFILMED; SEE APPENDICES
HOOKER'S OWN DOCUMENTS INDICATE THAT WILLIAMSPORT WAS OUT OF
COMPLIANCE MORE THAN 73 TIMES FOR HIGH PH. GODWIN WAS OUT OF COMPLIANCE
49 MORE TIMES FOR HIGH PH.
I WOULD LIKE TO KNOW FOR THE RECORD WHAT IS BEING DONE TO CLEAN UP
THESE SITES, OR WHETHER I AM INCORRECT IN THIS APPRAISAL.
MR. DAVIS. ALLOW ME TO CHECK.
I AM ADVISED THAT DURING WARM WEATHER IN THOSE PONDS, WHICH ARE PONDS
IN WHICH WE TAKE THE TAILINGS WHEN WE SEPARATE THE PHOSPHOROUS-BEARING
SAND FROM THE DIRT SURROUNDING IT, ALGAE BLOOMS IN THOSE PONDS. THE
ALGAE RAISES THE PH.
THERE IS ONE WAY TO CORRECT THAT. THAT WOULD BE TO ADD ALGICIDE TO
THE PONDS, BUT APPARENTLY THE EPA PREFERS TO HAVE THE HIGHER PH THAN TO
HAVE THE ALGICIDE.
SO, YES, WE DO HAVE PH VIOLATIONS. APPARENTLY, THE EPA FEELS IT IS
THE LESSER OF TWO EVILS. BUT IT'S SOMETHING INHERENT IN THAT OPERATION.
YOU DO HAVE PHOSPHOROUS THERE TO PROMOTE ALGAE GROWTH.
MR. ECKHARDT. MR. WILKENFELD, I UNDERSTAND YOU HAVE A PLANE TO
CATCH. WE HAVE ONLY A FEW MORE QUESTIONS, BUT IF YOU FEEL YOU ARE ON
TOO TIGHT A SCHEDULE AND YOU WOULD LIKE TO LEAVE NOW, WE WILL NOT TAKE
IT AMISS.
MR. WILKENFELD. I SURELY APPRECIATE THAT.
THANK YOU VERY MUCH.
MR. ECKHARDT. MR. GORE?
MR. GORE. MR. CHAIRMAN, I JUST HAVE A BRIEF COMMENT.
WHEN I FOUND THAT THE COLUMBIA, TENN., SITE WAS GOING TO BE INCLUDED
IN THE AGENDA FOR THIS HEARING, I DECIDED TO VISIT THIS SITE BEFORE
FLYING BACK TO WASHINGTON EARLY SUNDAY MORNING.
I HAVE EXPRESSED A MEASURE, I GUESS, OF WHAT COULD FAIRLY BE
CHARACTERIZED AS OUTRAGE AT THE DAMAGE DONE TO SOME OTHER AREAS.
I WOULD JUST LIKE TO SAY FOR THE RECORD THAT AFTER A FIRSTHAND VISIT
TO THIS SITE, IN MY OPINION, IT IS IN A COMPLETELY DIFFERENT CATEGORY
FROM LOVE CANAL AND HYDE PARK AND SOME OF THE OTHER SITES THAT WE HAVE
AILUDED TO DURING THESE HEARINGS.
THE RADIOACTIVITY OF THE PHOSOPHATE DEPOSITS IN MIDDLE TENNESSEEE IS
APPROXIMATELY ONE-TENTH OF THE DEPOSITS IN FLORIDA AND ELSEWHERE. THIS
PUTS A SOMEWHAT DIFFERENT FACE ON IT.
FISHKILL ARE BAD WHENEVER THEY OCCUR. THERE IS NO QUESTION ABOUT THE
FACT THAT MORE CAN BE DONE TO MITIGATE THE DAMAGE TO THE ENVIRONMENT
FROM THIS SITE. BUT IT IS, IN MY OPINION, IN A DIFFERENT CATEGORY FROM
SOME OF THE OTHER SITIES WE HAVE EXAMINED.
I JUST WANTED TO SAY THAT FOR THE RECORD.
MR. DAVIS. THANK YOU.
MR. ECKHARDT. GENTLEMEN, WE APPRECIATE YOUR PRESENCE AND YOUR
ANSWERS TO OUR QUESTIONS.
I AM SORRY WE KEPT YOU SO LONG. WE THINK WE ARE DEALING WITH AN
EXTREMELY IMPORTANT ISSUE, AND I'M SURE THAT YOU RECOGNIZE THAT ALSO TO
BE TREUE.
THANK YOU FOR BEING HERE.
MR. DAVIS. THANK YOU, SIR. THANK YOU FOR THE COURTESY OF THE
COMMITTEE.
MR. ECKHARDT. THE SUBCOMMITTEE IS ADJOURNED SUBJECT TO THE CALL OF
THE CHAIR.
(WHEREUPON, AT 3:45 P.M. THE HEARING ADJOURNED SUBJECT TO THE CALL OF
THE CHAIR.).
HAZARDOUS WASTE DISPOSAL
760516
TESTIMONY OF KELLEY F J ACCOMPANIED BY FREEMAN S H AND MURPHY P
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 001 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110026
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
THE SUBCOMMITTEE MET, PURSUANT TO NOTICE, AT 10 A.M., IN ROOM 2247,
RAYBURN HOUSE OFFICE BUILDING, HON. BOB ECKHARDT, CHAIRMAN, PRESIDING.
MR. ECKHARDT. THE MEETING WILL COME TO ORDER.
THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS RESUMES ITS HEARING
THIS MORNING LOOKING INTO PROBLEMS ASSOCIATED WITH DISPOSAL OF HAZARDOUS
WASTES. THIS IS AN ONGOING INVESTIGATION BEING CONDUCTED UNDER RULES X
AND XI OF THE HOUSE OF REPRESENTATIVES. OUR PRIMARY FOCUS AT THIS
HEARING WILL BE ON ENFORCEMENT OF EXISTING LAWS AND THEIR EFFICACY IN
HALTING ILLEGAL AND UNSAFE DISPOSAL PRACTICES AND IN CLEANING UP
HAZARDOUS WASTE SITES WHICH OTHERWISE WOULD POSE A THREAT TO PUBLIC
HEALTH OR THE ENVIRONMENT.
TODAY, WE HAVE WITH US FEDERAL AND STATE ENFORCEMENT OFFICERS WHO ARE
CHARGED WITH THE RESPONSIBILITY OF ENFORCING THESE LAWS. WE WILL WNAT
TO HEAR THEIR VIEWS ON THE ADEQUACY OF THESE STATUTES AND HOW THEY CAN
BE IMPROVED; ON THE DIFFICULTIES ENCOUNTERED IN STOPPING IMPROPER
DUMPING OR IN FORCING CLEANUP; AND ON THE KIND OF COOPERATION THAT
EXISTS BETWEEN STATE AND FEDERAL ORGANIZATIONS, INCLUDING THE
ENVIRONMENTAL PROTECTION AGENCY.
WE WILL ALSO BE INTERESTED IN HEARING ABOUT CURRENT ENFORCEMENT
ACTIONS UNDER THEIR RESPECTIVE JURISDICTIONS AND ESPECIALLY WITH RESPECT
TO MATTERS THAT WERE REFERRED TO THIS SUBCOMMITTEE FOLLOWING ITS
HEARINGS ON APRIL 10, 1979, WHEN REPRESENTATIVES OF HOOKER CHEMICAL CO.
TESTIFIED.
IN THIS CONNECTION AND IN VIEW OF SOMETHING THAT OCCURRED JUST 2 DAYS
AGO, I THINK IT IS MOST FORTUNATE THAT WE HAVE THE ATTORNEY GENERAL OF
THE STATE OF MICHIGAN WITH US THIS MORNING. I SAY THIS BECAUSE ON
MONDAY OF THIS WEEK I WAS ADVISED BY THE HOOKER CHEMICAL CO. THAT IT
WILL NOT VOLUNTARILY SUBMIT TO THE SUBCOMMITTEE CERTAIN INFORMATION
CONCERNING ITS DUMP SITE AT MONTAGUE, MICH. THIS IS INFORMATION WHICH
MR. BRUCE DAVIS, EXECUTIVE VICE PRESIDENT OF HOOKER HAD ASSURED, DURING
HIS APPEARANCE BEFORE THE SUBCOMMITTEE ON APRIL 10, WOULD BE PROVIDED.
IT IS OF SUFFICIENT IMPORTANCE TO THIS THEARING THAT I REVIEW BRIEFLY
TWO COLLOQUIES BETWEEN MR. DAVIS AND MYSELF ON THAT OCCASION. AT PAGE
60 OF THE TRANSCRIPT:
MR. ECKHARDT. BUT THIS DOCUMENT THAT WAS A 1968 MAP ENTITLED "STUDY
OF GROUND WATER CONTAMINATION IN PLANT WELL FIELD" HERE REFERS TO A
STUDY OF GROUND WATER CONTAMINATION AND IDENTIFIES WELLS THAT I ASSUME
WERE DRILLED IN CONNECTION WITH THAT STUDY; IS THAT INCORRECT.
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HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 002 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110027
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
MR. DAVIS. I WOULD ASSUME THAT, SIR. AGAIN, I DON'T HAVE THE
INFORMATION IN FRONT OF ME; BUT I WOULD GATHER FROM THE DRAWING, THAT
THEY WERE WELLS THAT WERE TESTING GROUND WATER AT THAT TIME.
MR. ECKHARDT. DID YOU INFORM THE CITY OF WHAT YOU FOUND AS THE
RESULT OF THE DRILLING OF THESE WELLS?
MR. DAVIS. I DON'T KNOW THAT, SIR; I'M SORRY, I DON'T KNOW.
MR. ECKHARDT. OR THE STATE?
MR. DAVIS. AGAIN, I DON'T KNOW. THE STATE CERTAINLY HAS BEEN AWARE
OF THIS PROBLEM FOR SOME TIME.
MR. ECKHARDT. WITHOUT OBJECTION, THE RECORD WILL BE KEPT OPEN ON
THIS POINT FOR US TO OBTAIN INFORMATION FROM THE CITY AND THE STATE AND
FOR YOU TO FURTHER AMPLIFY THE QUESTION.
MR. DAVIS. FINE.
LATER, ON PAGE 63 OF THE SAME TRANSCRIPT.
MR. ECKHARDT. I REFER BACK TO THE WELLS DRILLED IN 1968. WHAT
EXACTLY DID THE SAMPLES FROM THESE WELLS SHOW?
MR. DAVIS. I HAVE NO IDEA, SIR. I'M SORRY; I DON'T HAVE THAT
INFORMATION. WE WOULD BE GLAD TO MAKE IT AVAILABLE.
MR. ECKHARDT. WITHOUT OBJECTION, THE RECORD WILL BE HELD OPEN AT
THIS POINT TO OBTAIN THE RESULTS FROM THESE WELLS. IT WILL BE PLACED IN
THE RECORD AT THIS POINT.
MR. DAVIS. YES, SIR.
DESPITE THESE ASSURANCES BY MR. DAVIS, OCCIDENTAL PETROLEUM CO.,
HOOKER'S PARENT COMPANY, HAS REFUSED TO PROVIDE THE INFORMATION TO THE
SUBCOMMITTEE. I SHALL READ THE PERTINENT PORTION OF OCCIDENTAL'S
STATEMENT FORWARD TO ME ON MONDAY OF THIS WEEK BY ITS WASHINGTON
COUNSEL. I QUOTE:
CONCERNING TEST WELLS DUG AT THE MONTAGUE PLANT SITE AND THE HISTORIC
AWARENESS OF THE STATE ENVIRONMENTAL AUTHORITIES AS TO HOOKER'S WASTE
DISPOSAL PRACTICES THERE (TR. 60, 63), THIS ISSUE IS CURRENTLY THE
SUBJECT OF LITIGATION BETWEEN HOOKER AND THE STATE OF MICHIGAN (MICHIGAN
FILE NO. 79-22878-CE). AMONG HOOKER'S AFFIRMATIVE DEFENSES SET OUT IN
ITS ANSWER TO THE STATE'S COMPLAINT IN THIS LITIGATION IS THAT STATE
AUTHORITIES "DID NOT TIMELY PURSUE THEIR ALLEGED RIGHTS WHERE THEY HAD
KNOWLEDGE OF THE ALLEGED ACTS OF WHICH THEY NOW COMPLAIN." SEE P. 19 OF
HOOKER'S ANSWER ATTACHED HERETO. SEE ALSO THE ATTACHED STORY FROM THE
MUSKEGON CHRONICLE DATED APRIL 17, 1979. IN LIGHT OF THE FACT THIS
QUESTION IS THE SUBJECT OF LITIGATION, COUNSEL HAS ADVISED THAT IT WOULD
BE INAPPROPRIATE PUBLICLY TO SUPPLEMENT OUR ANSWER OUTSIDE OF THE FORUM
WHERE THIS ISSUE IS BEING LITIGATED.
THE SUBCOMMITTEE CANNOT ACQUIESCE IN OCCIDENTAL'S REFUSAL. IF WE ARE
TO MEET OUR OVERSIGHT RESPONSIBILITIES UNDER THE RULES OF THE HOUSE, WE
MUST HAVE THIS INFORMATION. OUR INVESTIGATION HAS A VALID LEGISLATIVE
PURPOSE AND THIS INFORMATION IS NOT ONLY RELEVANT TO THAT PURPOSE BUT
ESSENTIAL TO OUR INQUIRY. I HAVE THEREFORE SCHEDULED A SUBCOMMITTE
MEETING FOR TOMORROW AFTERNOON TO CONSIDER THE ISSUANCE OF A SUBPENA TO
REQUIRE PRODUCTION OF THIS INFORMATION.
WE WILL NOW HEAR FROM TODAY'S WITNESSES WHO REPRESENT THE DEPARTMENT
OF JUSTICE AND THE STATES OF MICHIGAN AND NEW YORK.
MR. FRANK J. KELLEY IS ATTORNEY GENERAL OF THE STATE OF MICHIGAN.
MR. ATTORNEY GENERAL, WE ARE VERY GLAD TO HAVE YOU HERE. WE APPRECIATE
YOUR COOPERATION WITH THE SUBCOMMITTEE. WE ORDINARILY SWEAR IN THE
WITNESSES AS A MATTER OF CUSTOM BEFORE THIS SUBCOMMITTEE.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
TRUTH, SO HELP YOU GOD?
MR. KELLEY. I DO.
MR. ECKHARDT. DO YOU HAVE OTHER PERSONS WHO WILL PARTICIPATE?
MR. KELLEY. WITH ME IS MR. FREEMAN, ASSISTANT ATTORNEY GENERAL OF MY
STAFF, AND MR. MURPHY.
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COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 003 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110028
HEARINGS
TRANSCRIPT
HOUSE
MR. ECKHARDT. I PRESUME YOU MAY RESPOND TO QUESTIONS. WOULD YOU
TAKE THE SAME OATH?
MR. FREEMAN. I DO.
MR. MURPHY. I DO.
MR. ECKHARDT. YOU MAY PROCEED.
MR. KELLEY. THANK YOU, MR. CHAIRMAN
A NEW YORK HEALTH COMMISSIONER HAS DESCRIBED THE LOVE CANAL SITUATION
AS AN ENVIRONMENTAL TIME BOMB WHICH HAS GONE OFF.
I WISH TO SUBMIT TO THIS SUBCOMMITTEE THAT IN MONTAGUE, MICH., (WORD
ILLEGIBLE) THE HOOKER CHEMICAL AND PLASTICS CORP. HAS BEEN DUMPING TOXIC
WASTES FOR NEARLY THREE DECADES, THE ENVIRONMENTAL TIME BOMB IS THERE;
BUT SO FAR IT IS STILL TICKING.
FOR CLARIFICATION, I HAVE BROUGHT SOME VISUALS HERE TO POINT OUT THE
LOCATION, FIRST OF ALL, OF HOOKER CHEMICAL ON THE SHORES OF LAKE
MICHIGAN. IT IS ON THE MAP RIGHT HERE. I WANT YOU TO VISUALIZE ITS
RELATIONSHIP TO WHITE LAKE AND THEN BY DIRECT CHANNEL INTO LAKE
MICHIGAN. THE ORANGE PLUME THAT YOU SEE ON THE MAP IS THE LOCATION OF
THE HOOKER CHEMICAL CO. AND THE GENERAL AREA WHICH IS IN (WORD
ILLEGIBLE) CONCERNING CONTAMINATION OF OUR SURFACE WATERS AND OUR RUNOFF
WATER.
I WOULD LIKE TO SAY ALSO -- I REGRET TO SAY, REALLY, THAT NO THANKS
TO THE ENVIRONMENTAL PROTECTION AGENCY OR ANY OTHER FEDERAL AGENCY,
(WORD ILLEGIBLE) ARE HOPEFUL THAT WE MIGHT BE ABLE TO STOP THAT TIME
BOMB BEFORE IT GOES OFF IN THE STATE OF MICHIGAN. SINCE LAST FEBRUARY,
WHEN I (WORD ILLEGIBLE) A SUIT AGAINST HOOKER TO FORCE A CLEANUP OF ITS
MONTAGUE DISPOSAL SITE, NEGOTIATIONS HAVE CONTINUED, ALTHOUGH THERE HAS
BEEN NO SUBSTANTIVE PROGRESS.
I WANT TO POINT OUT THAT I AM GRATEFUL TO YOU, CHAIRMAN ECKARDT, FOR
THE MAP WHICH CAME TO YOUR POSSESSION, WHICH WAS (WORD ILLEGIBLE
PREPARED BY HOOKER CHEMICAL CO. AND ITS ASSOCIATES BACK IN 1968. IT IS
INTERESTING TO NOTE THAT, UNTIL WE RECEIVED THAT MAP FROM YOU, WE HAD NO
KNOWLEDGE OF THE EXISTENCE OF THAT MAP WITHIN THE STATE OF MICHIGAN OR
ITS OFFICIALDOM, AS FAR AS I KNOW.
MR. ECKHARDT. THIS IS ONE OF THE QUESTIONS WE WERE INQUIRINC INTO
WITH HOOKER. THEY DID NOT SEEM ABLE TO RESPOND ACCURATELY AS TO HOW
THEY HAD NOTIFIED EITHER THE STATE OF MICHIGAN OR ANY LOCAL AUTHORITY.
DO YOU KNOW WHETHER OR NOT HERE WAS ANY INFORMATION AT THAT TIME
SUPPLIED TO THE STATE OF MICHIGAN?
MR. KELLEY. TO THE BEST OF MY KNOWLEDGE AT THIS TIME, OUR PEOPLE
(WORD ILLEGIBLE) WERE NOT NOTIFIED. THEY ARE CLAIMING IN THE LITIGATION
(WORD ILLEGIBLE) THEY SO INFORMED YOU IN AN AFFIRMATIVE DEFENSE IN THIS
AREA. IT (WORD ILLEGIBLE) ON THE BASIS OF THE FACT THAT, BECAUSE THEY
ARE CLAIMING THIS AS A DEFENSE IN THEIR PLEADINGS, THEY CANNOT MAKE THE
INFORMATION AVAILABLE. I DO NOT AGREE WITH THAT.
BUT, AS FAR AS THE STATE OF MICHIGAN OR ITS EMPLOYEES ARE CONCERNED,
I HAVE NO KNOWLEDGE THAT INFORMATION WAS MADE AVAILABLE TO US. IF IT
WAS -- AND I DO NOT KNOW THAT IT WAS -- IT CERTAINLY WAS NOT MADE
AVAILABLE AT THE PROPER LEVEL WHERE ANYTHING COULD EVER HAVE BEEN DONE
ABOUT IT. IF THEY DID MAKE IT AT A LOWER LEVEL, WHICH I DO NOT ADMIT
THEY DID, THEY HAD A PUBLIC DUTY TO GO FURTHER BECAUSE (WORD ILLEGIBLE)
WAS A PUBLIC HEALTH PROBLEM THAT THEY HAD KNOWLEDGE OF.
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COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 004 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110029
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
IT IS IRONIC THAT, WHEN WE PREPARED THIS MAP (EXHIBIT C) FOR THE
PURPOSES OF LITIGATION IN 1978, IT CONTAINS -- THE ORANGE IS THE GENERAL
AREA OF CONTAMINATION, WHICH IS THE SAME GENERAL AREA OF CONTAMINATION
THAT THEIR OWN MAP SHOWED IN 1968. WHEN WE MADE THIS MAP, THEY TOLD US
IT WAS HIGHLY INACCURATE AND CERTAINLY EXAGGERATED THE SITUATION WHEN,
IN REALITY, THE MAP THAT THEY MADE THEMSELVES 10 YEARS AGO SHOWS
SUBSTANTIALLY THE SAME AREA OF CONTAMINATION BY CHEMICAL CONTAMINATION
OF THE SURFACE WATER.
MR. ECKHARDT. I THINK IT MIGHT BE USEFUL FOR US TO HOLD THE RECORD
OPEN AT THIS POINT SO THAT WE MAY REPRODUCE IN THE RECORD THE MAP THAT
YOU HAVE SHOWN HERE WITH THE BOUNDARIES AND THE MAJOR FEATURES OF THE
HOOKER MAP SUPERIMPOSED ON IT SO THAT WE CAN FURTHER ILLUSTRATE THE
POINTS THAT YOU ARE MAKING.
MR. KELLEY. WE WILL BE GLAD TO COOPERATE WITH YOU, MR. CHAIRMAN, ON
THAT.
MR. ECKHARDT. WITHOUT OBJECTION, THE RECORD WILL BE HELD OPEN.
(EXHIBITS A AND B ARE CHARTS SHOWING THE CHEMICAL CONSTITUENTS OF
HOOKER WASTES. EXHIBIT C IS A TO-SCALE MAP SHOWING THE CONTAMINATION OF
MONTAGUE, MICH. EXHIBIT D IS EXHIBIT C DRAWN TO SHOW THE MIRCROSCOPIC
VIEW OF THE CONTAMINATION IN RELATION TO LAKE MICHIGAN. THE
ABOVE-LISTED EXHIBITS WERE SUBSEQUENTLY RECEIVED FOR THE RECORD AND ARE
AS FOLLOWS:)
HAZARDOUS WASTE DISPOSAL
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COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 005 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110030
HEARINGS
TRANSCRIPT
HOUSE
TABLE OMITTED.
HAZARDOUS WASTE DISPOSAL
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COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 006 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110031
HEARINGS
TRANSCRIPT
HOUSE
TABLE OMITTED.
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HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 007 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110032
HEARINGS
TRANSCRIPT
HOUSE
FIGURE OMITTED.
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COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 008 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110033
HEARINGS
TRANSCRIPT
HOUSE
MAP OMITTED.
HAZARDOUS WASTE DISPOSAL
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HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 009 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110034
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
MR. KELLEY. I WOULD ALSO POINT OUT TO THE CHAIRMAN WITH REGARD TO
THAT GENERAL ATTITUDE BY THE COMPANY, LAST OCTOBER, AS ATTORNEY GENERAL
FOR THE STATE OF MICHIGAN, I ASKED COUNSEL FOR HOOKER IF THEY WOULD JUST
SUPPLY US WITH THE NAMES OF SUBSIDIARIES OR RELATED BUSINESSES SOLELY
OWNED BY OCCIDENTAL PETROLEUM THAT HAD IN FACT HANDLED TOXIC WASTE IN
THE STATE OF MICHIGAN IN THE IMMEDIATE PAST. WE WERE ASSURED OF THAT
COOPERATION LAST OCTOBER. TO THIS DATE, WE HAVE NOT RECEIVED IT. WE
BELIEVE THAT WE WILL HAVE TO SUBPENA IT IN COURT PROCEEDINGS BEFORE WE
OBTAIN IT.
THIS IS JUST SIMPLE INFORMATION AS TO WHICH OF THEIR COMPANIES DID
BUSINESS IN THE STATE OF MICHIGAN. THE GOAL, OF COURSE, IS TO STOP
CONTAMINATION OF GROUND WATER THAT IS FLOWING INTO OUR WATERS IN THE
STATE.
SINCE THE EARLY 1950'S, WHEN HOOKER MOVED FROM THE LOVE CANAL TO
MONTAGUE TO MANUFACTURE PESTICIDES AND OTHER TOXIC CHEMICALS, HOOKER HAS
INCLUDED MORE THAN 30 TOXIC CHEMICALS -- INCLUDING C-56 AND MIREX -- IN
THE WASTE BURIED ON THE SITE AND DUMPED ON THAT 880-ACRE SITE AT
MONTAGUE (EXHIBIT A).
IRONICALLY, MR. CHAIRMAN, SINCE THE STARTING OF THE LAWSUIT AND THE
IDENTIFICATION OF THOSE CHEMICALS -- AND THEIR HAZARD ASSESSMENT IS ALSO
GRAPHED FOR YOU AS TO THE CARCINOGENIC AND MUTATING EFFECT OF THE
CHEMICALS ON BOTH MAMMALS AND AQUATIC LIFE (EXHIBITS A AND B) -- SINCE
WE HAVE BEEN IN LITIGATION, OUR SCIENTISTS IN MICHIGAN HAVE IDENTIFIED
70 MORE TOXIC CHEMICALS ON THAT SITE, WHICH INFORMATION WAS NEVER GIVEN
TO US BY THE DEFENDANT HOOKER CHEMICAL CO. IT IS 70 MORE SINCE FEBRUARY
THAT WE HAVE IDENTIFIED AMONG THEM IS KEPONE, AND WE KNOW THE TOXIC
CHARACTERISTIC OF THAT.
THERE ARE MAJOR DIFFERENCES BETWEEN THE LOVE CANAL AND MONTAGUE. THE
FOREMOST IS THAT THE LOVE CANAL IS A HEAVILY POPULATED AREA. THE TOXIC
WASTES WERE BURIED IN A RELATIVELY SMALL AREA. BUT IN MONTAGUE THERE
ARE FEW IF ANY PEOPLE LIVING NEXT DOOR TO THE TOXIC DUMP (EXHIBIT C).
I WISH TO POINT OUT FURTHER THAT, IN THE SMALLER MAP, THAT IS
DIRECTLY IN THE CHANNEL GOING TO LAKE MICHIGAN (EXHIBIT C).
WE HAVE HAD DRINKING WELLS CONTAMINATED AND CLOSED. WE HAVE NOT HAD
IN MICHIGAN, FORTUNATELY, ANY KNOWN INCIDENCE OF ABNORMAL NUMBERS OF
MISCARRIAGES, BIRTH DEFECTS, OR CANCER IN HUMANS. BUT SCIENTISTS ASSURE
US THAT THE TOXIC WASTE ALREADY DUMPED IN MONTAGUE, INCLUDING THE 70
MORE THAT WE FOUND IN THE LAST 2 MONTHS, ARE LIKELY TO CAUSE THESE AND
OTHER HEALTH PROBLEMS IF THE SITUATION IS NOT CHECKED.
THE WASTES INCLUDE, AS THE CHART WOULD SHOW, CARCINOGENS AND MUTAGENS
IN QUITE HEAVY NUMBERS (EXHIBITS A AND B). THEREFORE, THE ENVIRONMENTAL
TIME BOMB, AS FAR AS MICHIGAN IS CONCERNED, IN THAT LOCATION, IS STILL
TICKING.
WHILE MY SUIT IS PENDING, I HAVE ASKED FOR IMMEDIATE ACTION. WITHIN
THE LAST WEEK I FILED A MOTION ASKING THE COURT IN MICHIGAN TO ORDER
THAT PURGE WELLS BE DRILLED AS SOON AS POSSIBLE TO INTERCEPT THE TOXIC
WASTE WATER THAT DRAINS INTO WHITE LAKE ON A DAILY BASIS.
HAZARDOUS WASTE DISPOSAL
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HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 010 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110035
HEARINGS
TRANSCRIPT
HOUSE
BY WAY OF BACKGROUND, THE WASTE FROM HOOKER HAS SEEPED INTO THE
UNDERGROUND WATER TABLE, WHERE THE NATURE DRAINAGE DOES FLOW, AND CREATE
A HIGH PLUME WHICH EVENTUALLY FLOWS INTO WHITE LAKE, AS THE MAPS SHOW,
AND THEN SUBSEQUENTLY INTO LAKE MICHIGAN (EXHIBITS C AND D).
THE PURGE WELLS WHICH WE WOULD DRILL WOULD INTERCEPT THAT UNDERGROUN
FLOW AND REMOVE THE CONTAMINANTS AND SEND THE WATER TO A WASTE WATER
TREATMENT PLANT RATHER THAN INTO BOTH STATE AND NATIONAL WATERWAYS.
WHILE I KNOW THAT DRILLING SUCH WELLS IS ONLY AN INTERMEDIATE STEP
TOWARD SOLVING THE PROBLEM, IT IS, NEVERTHELESS, AN IMPORTANT ONE. AS A
LONG RANGE SOLUTION, HOWEVER, I WANT THE CONTAMINATED SOIL REMOVED OR
ISOLATED TO PROTECT THE LAKES AND UNDERGROUND WATERS. THE SCIENTISTS
TELL US THAT THEY WILL HAVE THEIR TOXIC CHARACTERISTICS FOR GENERATIONS
TO COME.
WE HAVE THE SITUATION, I BELIEVE, IN ANOTHER STATE WHERE PUBLIC
BUILDINGS WERE BUILT UPON TOXIC WASTE SITES WITHOUT ANY KNOWLEDGE BY THE
CONSTRUCTION PEOPLE.
WE DO NOT KNOW HOW MCUH THE CLEANUP IS GOING TO COST US BECAUSE WE
ARE DISCOVERING MORE EVERY DAY. PRIOR TO THE DISCOVERY OF THE 70
ADDITIONAL CHEMICALS, WE HAD RECEIVED FIGURES OF ANYWHERE FROM $15
MILLION TO $200 MILLION FOR CLEANUP. PART OF OUR SUIT DEMANDS A
LONG-RANGE MONITORING SYSTEM TO KEEP TRACK OF THIS THREAT. WE WANT TO
PROTECT NOT ONLY THE PEOPLE OF OUR STATE TODAY BUT 50 YEARS FROM TODAY.
WHILE I AM TALKING ABOUT THE FUTURE NEEDS, I BELIEVE THAT THIS
SUBCOMMITTEE SHOULD BEGIN REVIEWING THE ROLE OF THE U.S. ENVIRONMENTAL
PROTECTION AGENCY.
YESTERDAY, AS SOME OF YOU MAY KNOW, I WAS CONSTRAINED TO FILE A
NOTICE OF INTENT TO SUE BOTH THE ENVIRONMENTAL PROTECTION AGENCY AND THE
U.S. DEPARTMENT OF DEFENSE FOR POLLUTING THE GROUNDWATER NEAR TAWAS IN
NORTHEASTERN LOWER MICHIGAN. THIS ACTION IS TOTALLY INDEPENDENT OF THE
SUIT AGAINST HOOKER.
IT IS AT A SAC BASE, AT WURTSMITH AIR FORCE BASE. AS AT OTHER
INSTALLATIONS, THE AIR FORCE USES TRICHLOROETHYLENE, TCE, A TOXIC
DEGREASING AGENT, ON AIRPLANE ENGINES AND EQUIPMENT.
AT WURTSMITH, THE TCE GOES EVENTUALLY INTO LAGOONS. FROM THERE IT
HAS BEEN SEEPING INTO THE GROUNDWATER, WHICH THE ENVIRONMENTAL
PROTECTION AGENCY LAST OCTOBER SAID:
HAS SERIOUSLY CONTAMINATED THE GROUNDWATERS APPROXIMATELY 4 MILES
FROM THE ORIGINAL POINT OF CONTAMINATION AND THE CONTAMINATION POSES AN
IMMINENT THREAT TO THE SURFACE WATERS OF THE STATE AND NATION.
ALSO AT THAT TIME, THEY SAID:
THE CONTINUOUS SEEPAGE OF TCE FROM THE SPILL LOCATION AND CONTINUED
INEFFECTIVE, IMPROPER CORRECTIVE ACTIONS AT THE AIR FORCE BASE HAD
POLLUTED, IMPAIRED, AND POTENTIALLY DESTROYED THE GROUND WATERS AND POSE
AN IMMEDIATE THREAT TO THE SURFACE WATERS IN THE STATE, NATION, VAN
ETTEN CREEK, VAN ETTEN LAKE, AND LAKE HURON.
THAT WAS FROM THE LETTER OF LAST OCTOBER.
THE EPA AT THAT TIME ANNOUNCED THAT IT WAS ISSUING AN ADMINISTRATIVE
ORDER TELLING THE OFFICIALS TO CLEAN UP THE TCE.
HAZARDOUS WASTE DISPOSAL
760516
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HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 011 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110036
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
SINCE THEN, THE EPA HAS DONE VIRTUALLY NOTHING, AND THE SITUATION HAS
GOTTEN WORSE. WE NOW HAVE EVIDENCE THAT IT HAS GONE BEYOND THE
PERIMETERS OF THE AIR FORCE BASE. WE ACTUALLY HAVE FOUND
TRICHLOROETHYLENE IN THE DRINKING WATER OF RESIDENTS LIVING NEAR THE AIR
FORCE BASE. I HAVE A SAMPLE IN THIS BOTTLE WHICH WAS FOUND BY OUR OWN
SCIENTISTS IN MICHIGAN.
WE FOUND IT OUTSIDE THE AIR FORCE BASE BECAUSE THE AIR FORCE BASE
WILL NOT LET INVESTIGATORS FROM THE STATE OF MICHIGAN ON THE BASE TO
TAKE TEST SAMPLES. THAT IS ANOTHER EXAMPLE OF SPLENDID COOPERATION.
THE COMMON DENOMINATOR BETWEEN OUR SUIT AGAINST HOOKER AND THE
PENDING SUIT AGAINST SEVERAL FEDERAL AGENCIES, UNFORTUNATELY, HAS BEEN
THE EPA. IN BOTH THESE ENVIRONMENTAL MATTERS, THE EPA HAS DONE
VIRTUALLY NOTHING BUT ISSUE PRESS RELEASES.
IF THESE WERE A FEW ISOLATED SITUATIONS, THEN I WOULD HAVE TO CHALK
IT UP TO BUREAUCRATIC INEFFICIENCY THAT HAPPENS IN ANY LARGE
UNDERTAKING. BUT I HAVE BEEN ATTORNEY GENERAL OF THE STATE OF MICHIGAN
SINCE THE INCEPTION OF THE ENVIRONMENTAL PROTECTION AGENCY DURING THE
ADMINISTRATION OF PRESIDENT JOHN F. KENNEDY. I VIEW THE PROBLEM AS NOT
BEING A POLITICAL PROBLEM. I TRIED TO WORK WITH THE EPA DURING THE
ADMINISTRATIONS OF THE PRESIDENTS OF BOTH POLITICAL PARTIES. NOR DOES
IT SEEM TO ARISE FROM A LACK OF LEGAL AUTHORITY OR A LACK OF FUNDING.
THE PROBLEM, AS I SEE IT, IS ONE OF ATTITUDE.
THE ATTITUDE THAT SEEMS TO BE SUPERIMPOSED ON THE ENVIRONMENTAL
PROTECTION AGENCY IN MY EXPERIENCE AND THE EXPERIENCE OF MY LAWYERS IS
ONE OF BUREAUCRATIC INCEST. THE EPA, UNFORTUNATELY, SEEMS MORE
INTERESTED IN ACTING AS A CRITIC OF THOSE WHO TAKE ENFORCEMENT ACTION
THAN IN ASSISTING STATE OFFICIALS WHO ARE ACTIVE IN FIGHTING POLLUTION.
I WOULD LIKE TO SAY UNDER OATH HERE AS A MATTER OF RECORD THAT I HAVE
STARTED MORE SUITS IN THE STATE OF MICHIGAN IN THE AREA OF THE
ENVIRONMENT IN THE LAST 6 MONTHS THAN THE EPA HAS IN REGION V, ON SIX
MIDWESTERN STATES, IN THE LAST SEVERAL YEARS.
FEDERAL DEDICATION TO ENVIRONMENTAL ENFORCEMENT SEEMS STYMIED BY
INCONSISTENT POLICIES. ON THE ONE HAND, THE EPA SEEMS TO NITPICK TO
DEATH THE ACTIONS OF THE STATES THAT ARE WILLING TO ASSUME ACTIVE
ENFORCEMENT ROLES OF THEIR OWN; WHILE, ON THE OTHER HAND, THEY SEEM TO
LACK THE HEART TO TAKE ACTION ON THEIR OWN IN THOSE STATES WHICH HAVE
ADOPTED AN ANTIENVIRONMENTAL ATTITUDE.
THE RESULT, AS WE SEE IT, IS NO EFFECTIVE FEDERAL ENVIRONMENTAL
ENFORCEMENT PROGRAM.
CBS LAST WEEK CARRIED A STORY WHEREIN THEY HAD INTERVIEWED OFFICIALS
OF THE EPA WHO ADMITTED PUBLICLY THAT THEY REALLY HAD NO EFFECTIVE TOXIC
WASTE PROGRAM AT THIS TIME. THERE WERE SUCH ADMISSIONS THAT THEY HAD
NOT EVEN GOTTEN TOGETHER ON WHAT SHOULD BE THE LIST OF TOXIC WASTES
WHICH SHOULD BE BANNED IN THIS COUNTRY.
THE FEW RESOURCES OF THE EPA WHICH ARE DEVOTED TO ENFORCEMENT ARE
DIRECTED AT TECHNICAL VIOLATIONS RATHER THAN REAL PROBLEMS.
I WOULD LIKE TO POINT OUT THAT IN THE STATE OF MICHIGAN, FOR EXAMPLE,
SEVERAL YEARS AGO THE STATE OF MICHIGAN AND THE STATE OF ILLINOIS
JOINTLY BROUGHT AN ACTION AGAINST THE AREA OF MILWAUKEE, WIS. FOR WHAT
HAD BEEN CONSIDERED THE LARGEST CONTAMINATION OF PUBLIC WATER SUPPLY IN
THAT PART OF THE NATION. WE ASKED THE EPA, BOTH ILLINOIS AND MICHIGAN,
TO INTERVENE IN THAT LAWSUIT WITH US.
HAZARDOUS WASTE DISPOSAL
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HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 012 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110037
HEARINGS
TRANSCRIPT
HOUSE
THEY REFUSED AND DID NOT COOPERATE AND OFFERED NO EXPERT TESTIMONY OR
ANY OTHER COOPERATION WHATSOEVER.
AT THE END OF 3 1/2 YEARS OF LITIGATION THE CASE WAS WON. IT
RESULTED IN ORDERS UP TO $300 OR $400 MILLION OF CORRECTIVE INSTALLATION
OF WATER PROCESSING PLANTS IN THE GREATER MILWAUKEE AREA. ON THE EVE OF
THE ISSUING OF THE FINAL ORDERS, 3 1/2 YEARS LATER, THE EPA, UNKNOWN TO
COUNSEL IN THE CASE, CONTACTED THE FEDERAL JUDGE AND OFFERED THEIR
COOPERATION IN THE JUDCE'S DRAFTING OF THE FINAL ORDER IN A 3 1/2 YEAR
LITIGATION.
IT IS ON THE RECORD IN THE COURT IN THAT CASE THAT THE JUDGE SAID
THAT THE ACT WAS SO CONTEMPTUOUS BY THE EPA THAT, IF THEY WERE NOT
FEDERAL EMPLOYEES, HE WOULD HAVE CITED THEM FOR CONTEMPT OF COURT.
THIS IS THE TYPE OF COOPERATION I HAVE RECEIVED IN THE MIDWEST FROM
THE EPA, UNFORTUNATELY.
OUR TRUE ADVERSARY SHOULD NOT BE THE EPA. BUT IS IS THE FEW
IRRESPONSIVE CORPORATE GIANTS. HOOKER CHEMICAL IS A SUBSIDIARY OF THE
OCCIDENTAL PETROLEUM CO. THE BOFORS LAKEWAY CHEMICAL CO., WHICH CAUSED
A LESS-PUBLICIZED BUT EQUALLY SERIOUS PROBLEM IN MICHIGAN, IS A
SUBSIDIARY OF BOFORS OF SWEDEN, THE NOBEL MUNITIONS TRUST; AND, ALL THE
WHILE, THE EPA PROMULGATES PAGE AFTER PAGE OF RULES. WE HAVE HAD NO
COOPERATION WITH THEM IN ANY OF THESE CASES.
ONE OF OUR PROBLEMS IS THAT THE FACES IN THE EPA CHANGE. I WOULD
LIKE TO POINT OUT THAT I DO HAVE AN ESTABLISHED RECORD IN THE MIDWEST IN
FIGHTING POLLUTION CASES, AS DO OTHER ATTORNEYS GENERAL. THE PRESENT
HEAD OF THE EPA REGION OFFICE STATIONED IN CHICAGO TO THIS POINT HAS
BEEN THERE FOR MANY MONTHS AS FAR AS I KNOW. I HAVE NEVER MET THE MAN.
HE HAS NEVER CONTACTED ME ANYWAY UNTIL YESTERDAY WHEN I FILED AN INTENT
THAT I WAS GOING TO SUE HIM
THAT IS THE FIRST CONTACT I HAVE EVER HAD FROM THE EPA OR ITS
OFFICIALDOM SINCE THE CHANGE OF ADMINISTRATION MANY MONTHS AGO.
THE EPA RULES AND GUIDELINES CHANGE, BUT ONE THING STAYS CONSTANT:
THERE ARE ALWAYS ENOUGH FEDERAL DOLLARS TO HIRE A FEW MORE RULE WRITERS
AND ENGINEERS, AND THERE ARE ALWAYS ENOUGH FEDERAL GRANT FUNDS AVAILABLE
FROM EPA TO FUND RULE WRITING AND ENGINEERING POSITIONS IN THE STATE
POLLUTION CONTROL AGENCIES. BUT THERE ARE NEVER ENOUGH DOLLARS OR TIME
FOR THE EPA TO HELP A STATE IN A LAWSUIT. I POINTED OUT THE MILWAUKEE
SITUATION.
MY RECOMMENDATION IS NOT FOR THE ENACTMENT OF NEW LEGISLATION. NOR
DO I RECOMMEND THAT THE CONGRESS FUND CREATION OF YET ANOTHER GROUP OF
RULE WRITERS AND ENGINEERS IN EPA. RATHER, I SUGGEST THAT YOU, INSTEAD,
CREATE A VEHICLE TO DIVERT A FEW HUNDRED THOUSAND DOLLARS OF
ALREADY-APPROPRIATED MONEY FROM THE EPA BUDGET TO THE ATTORNEYS GENERAL
OF THE STATES WHO HAVE PROVEN RECORDS IN THIS AREA. IF YOU WANT TO HELP
US IN THESE FIGHTS, IT MIGHT GET THE MORE UNRESPONSIVE, GUN-SHY FEDERAL
BUREAUCRATS OUT OF THEIR LETHARGY, AND ACTUALLY GET THEM INTO THE FIELD
OF COMBAT, AND DO SOMETHING ABOUT THE RECALCITRANCE IN THIS FIELD OF OUR
WATER SUPPLY AND OUR AIR.
I WOULD OFFER A CHALLENGE TO THE EPA. I WOULD LIKE TO SEE CONGRESS
GIVE X NUMBER OF DOLLARS TO CERTAIN ATTORNEYS GENERAL WHO HAVE RECORDS
IN THIS FIELD TO SEE IF WE CANNOT PROVE THAT, DOLLAR FOR DOLLAR, WE CAN
DO MORE IN 6 MONTHS THAN THEY CAN DO IN A YEAR IN THIS AREA OF ACTUAL
LITIGATION, WHICH IS WHERE THE FINAL BATTLE IS EITHER WON OR LOST.
HAZARDOUS WASTE DISPOSAL
760516
TESTIMONY OF KELLEY F J ACCOMPANIED BY FREEMAN S H AND MURPHY P
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COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 013 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110038
HEARINGS
TRANSCRIPT
HOUSE
AS THIS HONORABLE COMMITTEE HAS FOUND OUT IN THEIR ATTEMPT TO OBTAIN
INFORMATION FROM ONE OF THE DEFENDANTS IN MY LAWSUIT, THEY CANNOT EVEN
GET IT. I CANNOT EVEN FIND OUT WHO IS LEGALLY RELATED TO THE DEFENDANT
IN THE CONDUCT OF BUSINESS IN MY STATE. SO, IF YOU THINK THAT THAT
PROBLEM CAN BE SOLVED BY SOMEBODY WHO WRITES RULES OR PROMULGATES RULES,
I THINK THAT IS WISHFUL THINKING.
MR. ECKHARDT. MR. KELLEY, I HAVE NOT BEEN ABLE REALLY TO UNDERSTAND
HOOKER'S CONTENTION THAT, BECAUSE THIS MATTER IS IN LITIGATION IN
MICHIGAN, THAT THEREFORE THERE SHOULD BE SOME SORT OF A STAY ON THIS
COMMITTEE'S SEARCH FOR INFORMATION AFFECTING THE PUBLIC INTEREST. I
WOULD ASSUME THAT THE INFORMATION THAT WE ARE SEEKING MAY LARGELY BE THE
SAME INFORMATION YOU HAVE REQUESTED BUT FROM YOUR STANDPOINT USED FOR A
SLIGHTLY DIFFERENT PUBLIC PURPOSE AND, OF COURSE, BEFORE AN ENTIRELY
DIFFERENT FORUM.
I KNOW OF NO PRINCIPLE OF LAW, DO YOU, THAT WOULD REQUIRE ANY (WORD
ILLEGIBLE) OF A STAY OF ANY AUTHORITY THAT HAS THE RIGHT AND THE DUTY TO
PROTECT THE PUBLIC INTEREST FROM THE SORT OF THING THAT WE ARE REFERRING
TO HERE.
MR. KELLEY. I CERTAINLY AGREE WITH THE CHAIRMAN. FIRST OF ALL, WHAT
WE ARE REFERRING TO IS FACTS THAT HAVE ACTUALLY OCCURRED. THEY EITHER
DID OCCUR OR DID NOT OCCUR AT A TIME CERTAIN IN THE PAST. THEY EITHER
WILL HAVE OR WILL NOT HAVE AN EFFECT ON WHAT HOOKER IS ATTEMPTING TO
SHOW AS A DEFENSE IN THIS LAWSUIT.
THEY ARE NOT CONTINUING FACTS. THEY ARE NOT FACTS SUBJECT TO CHANGE
THEREFORE, THERE IS NO INCONSISTENCY WITH THIS COMMITTEE (WORD
ILLEGIBLE) THAT INFORMATION, NOR IS THERE ANY ELEMENT OF SURPRISE THAT
WOULD BE INVOLVED IN THE DEFENSE TO US.
I KNOW OF NO LEGAL REASON WHY THERE IS ANY INCOMPATIBILITY AS TO WHY
YOU SHOULD NOT HAVE THE INFORMATION.
I WISH I COULD SAY THAT I HAD IN OTHER AREAS RECEIVED COOPERATION
FROM THIS CORPORATION. UNFORTUNATELY, MY EXPERIENCE HAS BEEN SIMILAR TO
THIS COMMITTEE'S. I HAVE NOT RECEIVED WHAT WOULD PURPORT TO (WORD
ILLEGIBLE) COOPERATION.
THE DAY BEFORE I STARTED SUIT, SEVERAL OF THE TOP EXECUTIVES OF THE
COMPANY FLEW TO MY OFFICES IN THE STATE CAPITAL IN LANSING TELLING US
THAT THERE WAS NO NEED FOR MY LITIGATION BECAUSE THIS COMPLAINT WAS
ABOUT TO BE SETTLED AND THAT THEY WOULD EXPEDITE THEIR EFFORTS TO
SETTLE. I SAID, WELL, WHY DON'T YOU JUST CONTINUE TO DO THAT AFTER I
START THE LITIGATION TO PROTECT THE PUBLIC POSTURE.
THAT WAS IN FEBRUARY. I CAN REPORT TO YOU THAT WE HAVE MADE NO
MEANINGFUL PROGRESS WHATSOEVER TOWARD SETTLEMENT OF THE LAWSUIT. I
RECEIVED NONE OF THE INFORMATION THROUGH VOLUNTARY MEANS THAT I HAVE
ASKED FOR.
MR. ECKHARDT. MY EXPERIENCE HAS BEEN THAT THE DEVELOPMENT OF THE LAW
HAS BEEN CONSTANTLY TOWARD THE ELIMINATION OF SURPRISE ON BOTH SIDES.
WE HAVE LONG ESTABLISHED THE PRINCIPLE OF PRETRIAL DISCLOSURE. I CAN
SEE NO REASON WHY THE AFFORDING OF INFORMATION WITHOUT ANY NECESSARY
CONCLUSION AS TO WHAT THE RESULTS ARE WOULD IN ANY WAY IMPEDE THE TRIAL.
WHAT IS THE NATURE OF YOUR SUIT? IS IT A SUIT AGAINST OCCIDENTAL
ITSELF AS A CORPORATION.
HAZARDOUS WASTE DISPOSAL
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TESTIMONY OF KELLEY F J ACCOMPANIED BY FREEMAN S H AND MURPHY P
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 014 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110039
HEARINGS
TRANSCRIPT
HOUSE
MR. KELLEY. WE ARE NOT SUING OCCIDENTAL OR ANY OF THE SUBSIDIARIES
INVOLVED. WE ARE SUING HOOKER THEMSELVES.
MR. ECKHARDT. AS A CORPORATION.
MR. KELLEY. AS A CORPORATION.
ANTYING THAT I HAVE IN MY FILES I WILL BE GLAD TO MAKE AVAILABLE TO
THE COMMITTEE. IF I AM SUCCESSFUL -- I HAVE ISSUED WELL OVER A HUNDRED
INTERROGATORIES IN THE LAST COUPLE OF WEEKS BECAUSE I HAVE NOT BEEN ABLE
TO GET THIS INFORMATION ON A VOLUNTARY BASIS. ANYTHING I CAN DETERMINE
THROUGH SUBPENA OR SPECIAL INTERROGATORIES IN THE LITIGATION, I WILL BE
GLAD TO MAKE AVAILABLE IMMEDIATELY TO THE COMMITTEE.
MR. ECKHARDT. I CERTAINLY APPRECIATE THAT. I THINK I CAN SAY FOR
THE SUBCOMMITTEE THAT THE SAME WOULD BE TRUE WITH RESPECT TO INFORMATION
WE RECEIVE.
INCIDENTALLY, THERE ARE TWO POSSIBLE SOURCES OF INFORMATION. ONE
IS AS A RESULT OF THE QUESTIONING OF MR. DAVIS, WHICH I READ IN MY
OPENING STATEMENT. THE OTHER RELATES, I THINK, RATHER CLOSELY TO
SOME OF THE INFORMATION YOU HAVE SAID YOU HAVE NOT BEEN ABLE TO GET
CONCERNING SUBSIDIARIES AND THOSE WITHIN CONTRACTUAL RELATIONSHIPS
WITH HOOKER AND OCCIDENTAL, I ASSUME, WITH RESPECT TO THE DUMPING
OF HAZARDOUS WASTES.
WE HAVE SENT OUT A QUESTIONNAIRE TO 50 OF THE LARGEST CHEMICAL
COMPANIES REQUESTING INFORMATION OF PRECISELY THIS NATURE. OF COURSE,
HOOKER WOULD BE ONE OF THOSE TO WHOM THE QUESTIONNAIRE HAS GONE.
AT SUCH TIME AS WE RECEIVE INFORMATION, WITH THE CONSENT OF OTHER
MEMBERS OF THE SUBCOMMITTEE -- I CANNOT SPEAK DIRECTLY FOR THEM -- I
WOULD AT LEAST RECOMMEND THAT YOU RECEIVE ANY INFORMATION WE HAVE THAT
MIGHT BE HELPFUL ALONG THOSE LINES.
I CERTAIN DO AGREE WITH YOU AND WITH THE IMPLICATIONS OF EVERYTHING
YOU HAVE SAID HERE THAT IT IS CERTAINLY THE BEST POLICY FOR THE FEDERAL
GOVERNMENT AND THE STATES TO WORK VERY CLOSELY TOGETHER. WE ON THIS
SUBCOMMITTEE CERTAINLY APPRECIATE THE EFFORTS THAT YOU HAVE DESCRIBED IN
THIS HEARING OF YOUR EXTREMELY VIGOROUS PROSECUTION IN THIS MATTER.
I WOULD LIKE TO ASK YOU, ARE THESE SUITS OF A CIVIL OR A CRIMINAL
NATURE OR BOTH?
MR. KELLEY. THEY ARE CIVIL CASES RIGHT NOW FOR DAMAGES. MY GREAT
PUBLIC INTEREST RIGHT NOW IS GETTING AMPLE FUNDS TO CLEAN UP THE
SITUATION THROUGH INJUNCTIVE RELIEF, MR. CHAIRMAN. THE PUBLIC INTEREST
WOULD BEST BE SERVED BY THE MILLIONS OF DOLLARS THAT WOULD BE COURT
MONITORED TO CLEAN UP THE SITUATION.
I FIND VERY LITTLE COMFORT IN CRIMINAL FINES AT THIS TIME. OUR MAJOR
INTERST WOULD BE CIVIL RELIEF.
I WOULD ALSO POINT OUT TO YOU THAT, IN REGARD TO THIS BUSINESS OF
SECURING INFORMATION ABOUT TOXIC DUMPS, I WOULD LIKE THIS COMMITTEE TO
KNOW -- AND I WILL BE GLAD TO SUPPLY YOU WITH THE INFORMATION -- THAT
WELL OVER A YEAR AGO IN MONTCALM COUNTY, WHICH IS NOT ANYWHERE NEAR THE
IMMEDIATE SITE OF THE PLANT, WE OBTAINED THROUGH SEPARATE SOURCES
INFORMATION THAT, AT A PUBLIC LANDFILL, A VEHICLE, AN ACTUAL BACK OF A
TANKER TRUCK WAS TAKEN TO A LANDFILL IN MONTCALM COUNTY. IT WAS
LITERALLY DRIVEN INTO THE LANDFILL AND BURIED 10 FEET UNDERGROUND WITH
TOXIC WASTES FROM THE HOOKER CHEMICAL CO.
HAZARDOUS WASTE DISPOSAL
760516
TESTIMONY OF KELLEY F J ACCOMPANIED BY FREEMAN S H AND MURPHY P
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 015 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110040
HEARINGS
TRANSCRIPT
HOUSE
THIS INFORMATION NEVER CAME TO US THROUGH THE AGENTS, SERVANTS, OR
EMPLOYEES OF HOOKER.
WHEN IT WAS BROUGHT TO THEIR ATTENTION, THE ANSWER THAT I GOT FROM
HOOKER CHEMICAL CO. WAS THAT THEY ONLY BURIED IT 10 FEET IN THE GROUND
MILES FROM OUR PLANT TEMPORARILY.
MR. ECKHARDT. FROM WHAT YOU HAVE SAID, THERE IS NO CRIMINAL ACTION
AGAINST ANY INDIVIDUAL INVOLVED IN ANY OF THE ACTIONS THAT YOU HAVE
BROUGHT?
MR. KELLEY. I MIGHT SAY THAT I AM COOPERATING WITH THE U.S. DISTRICT
ATTORNEY -- WHO HAS NOTHING TO DO WITH THE EPA NECESSARY -- IN WESTERN
MICHIGAN, WHO HAS ALREAYD BROUGHT SOME WARRANTS IN THE TOXIC WASTE
FIELD. BUT THERE IS ALSO THE POSSIBILITY OF INVESTIGATIONS WITH REGARD
TO ANY FEDERAL VIOLATIONS ARRIVING IN THIS SITUATION.
MY PRIMARY AND FIRST DUTY IN THIS PARTICULAR CASE IS THE HEALTH AND
SAFETY OF THE PEOPLE. I CAN BEST DO THAT BY GETTING ALL THE HELP I CAN
AND ALL THE COURT MONITORING I CAN TO CLEAN THE CONTAMINATION OF THE
GROUND.
MR. ECKHARDT. I MERELY PURSUE THIS LINE OF QUESTIONING TO ESTABLISH
THE FACT -- AND I THINK IT IS A FACT -- THAT NO ONE HAS BEEN SO
SUBJECTED TO A THREAT OF CRIMINAL ACTION OR HAD CRIMINAL ACTION BROUGHT
AGAINST THEM AS TO CAUSE THEM TO ASSERT FIFTH AMENDMENT IMMUNITY IN ANY
WAY.
MR. KELLEY. THAT IS ABSOLUTELY CORRECT. THERE IS NO ACTION BY THE
STATE OR ANYBODY THAT I KNOW OF WHICH HAS PLACED THE DEFENDANT IN THIS
CASE IN CRIMINAL JEOPARDY.
MR. ECKHARDT. MR. LENT?
MR. LENT. THANK YOU, MR. CHAIRMAN.
GENERAL KELLEY, I WANT TO THANK YOU FOR JOURNEYING FROM YOUR STATE TO
BE WITH US TODAY AS WE BEGIN A NEW PHASE OF OUR INVESTIGATION, THE
PROBLEM OF HAZARDOUS WASTE DUMPING.
I WAS PARTICULARLY INTERESTED IN YOUR TESTIMONY CRITICAL OF THE EPA
BECAUSE, IN EARLIER HEARINGS ON THIS SUBJECT, THE MEMBERS OF THIS
COMMITTEE HAVE HEARD WITNESSES FROM OTHER STATES -- ILLINOIS, NEW YORK,
NEW JERSEY, PENNSYLVANIA, KENTUCKY -- OPENLY CRITICAL OF EPA FOR ITS
FAILURE TO MEET ITS RESPONSIBILITIES UNDER THE RESOURCE CONSERVATION AND
RECOVERY ACT. WE CAN CERTAINLY SYMPATHIZE WITH OUR FRUSTRATIONS AS A
LAW ENFORCEMENT OFFICIAL AS YOU ATTEMPT TO DEAL WITH THE PROBLEM IN THE
ABSENCE OF THE LONG-AWAITED EPA REGULATIONS WHICH WERE SUPPOSED TO COME
DOWN, I THINK, SOMETIME DURING 1978 AND HAVE STILL NOT COME FORWARD.
WITNESSES FROM OTHER STATES INDICATED THAT THE FAILURE OF THE EPA IN
THIS REGARD HAS HAD AN ADVERSE EFFECT IN THEIR STATES TO THE EXTENT THAT
THE STATE LEGISLATURE HAS BEEN HELD UP IN PASSAGE OF LEGISLATION TO
IMPLEMENT THESE REGULATIONS. AS WELL AS THE LAWS NOT COMING THROUGH ON
THE STATE LEVEL, IN FACT, MANY BUSINESSES WHICH WANT TO COMPLY, WHICH
WANT TO INSTALL EQUIPMENT, MACHINERY, AND SO FORTH IN ORDER TO STOP
HAZARDOUS WASTE DISPOSAL, HAVE HELD UP DOING THAT AWAITING THE
PROMULGATION OF THESE EPA RULES. THEY DO NOT WANT TO PUT IN THE WRONG
KIND OF A GADGET AND THEN FIND OUT LATER THAT IT DOES NOT MEET SOME
STANDARD THAT THE EPA MIGHT SUBSEQUENTLY COME DOWN WITH.
MICROFORM REFILMED; SEE APPENDICES.
HAZARDOUS WASTE DISPOSAL
760516
TESTIMONY OF KELLEY F J ACCOMPANIED BY FREEMAN S H AND MURPHY P
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 016 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110041
HEARINGS
TRANSCRIPT
HOUSE
THE NET RESULT IS THAT THE WHOLE COUNTRY IS BEING HELD UP IN THE
EFFORT TO ADEQUATELY ADDRESS THIS PARTICULAR PROBLEM OF WASTE DISPOSAL.
CAN YOU TELL US WHETHER YOU AGREE WITH THE ASSESSMENT OF THESE
REPRESENTATIVES OF OTHER STATES?
MR. KELLEY. CONGRESSMAN, THE THRUST OF WHAT YOU JUST STATED TO ME IS
TWOFOLD, AS I SEE IT.
YES, NO. 1, THE LETHARGY OR THE LACK OF ASSERTIVE RULE POLICY BY THE
ENVIRONMENTAL PROTECTION AGENCY HAS HAD THE EFFECT OF SLOWING NEW
LEGISLATION WITHIN THE STATE AND ENFORCEMENT MENTALITY IN THAT STATE.
THAT IS NO. 1 AS TO THE THRUST OF YOUR STATEMENT.
SECOND, THE ACTUAL DETERRENT IS FURTHER SLOWED BECAUSE A CORPORATE
ENTERPRISE OR A PUBLIC ENTERPRISE THAT HAS SOME POLLUTION PROBLEMS IS IN
AN INDECISIVE POSTURE, NOT KNOWING WHAT TO DO ABOUT THE EXPENDITURE OF
CONTAINMENT OR ABATEMENT -- HAVING HAVING KNOWLEDGE OF THE FEDERAL RULES
WHICH WILL SUPERSEDE THE POSSBILITY OF STATE STATUTES.
THIS HAS CAUSED US TO HAVE TO GO TO --LEGALISTICALLY SPEAKING NOW --
CAUSED US TO HAVE TO GO TO COMMON LAW NUISANCE THEORIES IN OUR LAWSUIT
BECAUSE, NO. 1, WE DO NOT HAVE THE STATUTES AND, NO. 2, WE DO NOT HAVE
THE RULES OF THE FEDERAL GOVERNMENT TO HELP US. SO, A LOT OF OUR
PLEADINGS IN OUR CASES ARE BASED ON OUR COMMON LAW POWERS TO PROTECT THE
PUBLIC HEALTH AND WELFARE.
SO, I AGREE COMPLETELY WITH YOUR ASSESSMENT AS YOU STATED IT TO ME.
MR. LENT. WHEN OUR CHAIRMAN OPENED UP THE HEARING THIS MORNING, HE
DISCUSSED HOOKER'S REFUSAL TO PROVIDE THE SUBCOMMITTEE WITH INFORMATION
ON GROUND WATER CONTAMINATION SAMPLES TAKE AT MONTAGUE, MICH. IS THIS
INFORMATION IMPORTANT TO YOU AS WELL IN CONNECTION IMPORTANT TO YOU AS
WELL IN CONNECTION WITH YOUR LITIGATION?
MR. KELLEY. IT ABSOLUTELY IS IMPORTANT; EVEN MORE IMPORTANT THAN
THE SIMPLE REQUEST I MADE TO AT LEAST FIND OUT WHO IS UNDER THEIR
CORPORATE UMBRELLA IN THE STATE OF MICHIGAN, TO HELP ME FIND OUT WHETHER
OR NOT THERE ARE OTHER WASTE DISPOSAL PROBLEMS CONNECTED WITH THIS
CORPORATE UMBRELLA.
CERTAINLY YOUR REQUEST IS MORE SPECIFIC AND IN THE PUBLIC INTEREST
AND CERTAINLY WOULD BE HELPFUL IN LITIGATION, TO SAY NOTHING ABOUT BEING
HELPFUL IN LITIGATION, TO SAY NOTHING ABOUT BEING HELPFUL IN ANY
LEGISLATION. IT CERTAINLY SHOULD BE HELPFUL TO THE EPA IN PROMULGATING
THEIR RULES.
MR. LENT. AS I UNDERSTAND IT FROM YOUR TESTIMONY, YOU ARE PROCEEDIN
HOOKER ON THE COMMON LAW OF CREATING A PUBLIC NUISANCE. OUR ATTORNEY
GENERAL IN THE STATE OF NEW YORK HAS INDICATED THAT OTHER POSSIBLE
REMEDIES IN SITUATIONS SUCH AS THIS INCLUDE ACTIONS FOR DAMAGES
PREDICATED ON STRICT LIABILITY FOR AN ABNORMALLY HAZARDOUS CONDITION.
IS THAT REMEDY AVAILABLE TO YOU IN MICHIGAN?
MR. KELLEY. YES. WE HAVE A SIX-COUNT COMPLAINT BASED ON THAT THEOR
IN OUR LITIGATION.
MR. LENT. SO, YOU PROBABLY INCLUDE ACTION FOR INJUNCTIONS AS WELL IN
YOUR ACTION?
MR. KELLEY. RIGHT. AS A MATTER OF FACT, WE HAVE SUPPLIED OTHER
STATES WITH COPIES OF OUR PLEADING.
MR. LENT. I WANT TO THANK YOU VERY MUCH FOR YOUR TESTIMONY TODAY. I
HAVE NO FURTHER QUESTIONS.
HAZARDOUS WASTE DISPOSAL
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TESTIMONY OF KELLEY F J ACCOMPANIED BY FREEMAN S H AND MURPHY P
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 017 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110042
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
MR. ECKHARDT. MR. GORE?
MR. GORE. THANK YOU, MR. CHAIRMAN.
THANK YOU, GENERAL KELLEY, FOR YOUR TESTIMONY.
I TAKE IT FROM WHAT YOU ARE SAYING THAT THE ENVIRONMENTAL PROTECTION
AGENCY CAN BE GIVEN ALL THE NEW STATUTORY AUTHORITY THAT WE WISH TO GIVE
IT; BUT, IF IT DOES NOT CHANGE ITS ATTITUDE, ITS SENSE OF PRIORITIES,
AND ITS SENSE OF URGENCY, THEN IT WILL NOT DO ANY GOOD. YOUR EXPERIENCE
IS THAT THEY HAVE BEEN SIMPLY UNWILLING TO PROCEED IN CASES WHERE
REASONABLE PEOPLE OUGHT TO PROCEED TO ENFORCE THE LAWS THAT ARE
CURRENTLY ON THE BOOKS. IS THAT A FAIR SUMMATION OF YOUR STATEMENT?
MR. KELLEY. I THINK IT IS VERY FAIR AND A COMPLETE SUMMATION OF THE
THRUST OF WHAT I HAVE BEEN SAYING, NOT ONLY HERE BUT WHAT I HAVE BEEN
SAYING FOR SOME TIME. I WISH THAT IT WERE OTHERWISE.
MR. GORE. IF THE BURDEN AS A RESULT OF THAT UNWILLINGNESS TO PROCEED
ON THE PART OF EPA THEN FALLS ON THE STATE, YOUR POSITION FURTHER IS
THAT YOU DO NOT HAVE SUFFICIENT BUDGET AND PERSONNEL TO POLICE THE
DISPOSAL OF HAZARDOUS WASTE IN YOUR STATE. IS THAT CORRECT?
MR. KELLEY. THAT IS TRUE. FOR EXAMPLE, I LIVE IN A GREAT LAKE STATE
WITH 2,500 MILES OF GREAT LAKE SHORELINE WHICH WE SHARE WITH THE FEDERAL
GOVERNMENT. I HAVE PRESENTLY FOUR LAWYERS INVOLVED IN 1 BILLION DOLLARS
WORTH OF LITIGATION. WHEN AND IF I EVER SEE AN EPA LAWYER, WITH THE
DOZEN CASES COMING TO COURT, I HAVE NEVER SEEN THEM COME TO COURT IN A
CASE I AM INVOVLED IN.
IF WE COULD POOL OUR RESOURCES, WE COULD BE A FORMIDABLE DETERRENT
AND A CORRECTIVE INFLUENCE. BUT, SINCE WE ARE RIDING OR NOT RIDING
TOGEHTER, WE ARE NOT DOING IT.
MR. GORE. THIS IS A NATIONAL PROBLEM, OF COURSE. WE NEED SOME NEW
STATUTORY AUTHORITY. BUT WE ALSO NEED THIS FUNDAMENTAL CHANGE IN
APPROACH ON THE PART OF EPA TO GET MOVING, TO ENFORCE THE LAWS THAT ARE
CURRENTLY ON THE BOOKS, AND TO REORDER THE PRIORITIES WITHIN EPA SO THAT
WE DO NOT WASTE TIME AND EFFORT ON SUBJECTS THAT MANY AMERICANS CONSIDER
TO BE NITPICKING, THAT FRITTER AWAY THE PUBLIC SUPPORT FOR THE
ENVIRONMENTAL MOVEMENT AND, INSTEAD, FOCUS ON THESE GENUINE, IMMINENT
HAZARDS TO THE PUBLIC HEALTH.
MR. KELLEY. ON THAT POINT, I WANTED THIS COMMITTEE TO AT LEAST
CONSIDER THIS FACTOR. THAT IS THAT IN MY STATE, FOR EXAMPLE, WE HAVE AN
ATTORNEY GENERAL ELECTED BY THE PEOPOLE. I HAVE A CIVIL SERVICE STAFF.
THE ATTORNEY GENERAL SERVES MORE OR LESS AS THE DEPARTMENT OF JUSTICE
FOR THE STATE. WE REPRESENT ALL 65,000 STATE EMPLOYEES AND ALL 170
STATE AGENCIES IN ALL LEGAL MATTERS.
I THINK PART OF THE PROBLEM HERE, IN ITS INCEPTION, THE EPA WAS
SUPPLIED ITS OWN ENFORCEMENT LAWYERS SEPARATE FROM THE DEPARTMENT OF
JUSTICE. BECAUSE OF THAT LACK OF ACCOUNTABILITY TO THE OVERALL THRUST
OF THE DEPARTMENT OF JUSTICE OF THE UNITED STATES, THEY HAVE BECOME AN
INCESTUOUS BUREAUCRACY OF THEIR OWN, DOMINATED NOT BY EFFICACY TYPE
LAWYERS BUT DOMINATED BY ENGINEERS AND RULE MAKERS SO THAT THEY DO NOT
HAVE THE SPIRIT OR THE ATTITUDE TO GO TO COURT.
ONE SUGGESTION WOULD BE TO SEE TO IT THAT THE LEGAL ARM OR THE
ENFORCEMENT ARM OF AN IMPORTANT FEDERAL AGENCY LIKE THIS BE UNDER
JUSTICE SO THAT AT LEAST YOU HAVE ACCOUNTABILITY. YOU CAN AT LEAST CALL
IN THE ATTORNEY GENERAL OF THE UNITED STATES.
HAZARDOUS WASTE DISPOSAL
760516
TESTIMONY OF KELLEY F J ACCOMPANIED BY FREEMAN S H AND MURPHY P
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 018 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110043
HEARINGS
TRANSCRIPT
HOUSE
I DO NOT KNOW WHO YOU WOULD CALL IN BECAUSE, IN THE FIRST PLACE,
ATTORNEYS IN MY DISTRICT CHANGE EVERY 6 MONTHS. SO, I DO NOT KNOW WHO
YOU WOULD CALL IN TO GET ANY ACCOUNTABILITY FROM THE LEGAL STAFF OF THE
EPA.
MR. GORE. TALKING ABOUT THIS SITE AT MONTAGUE, EPA PROMISED YOU BACK
IN OCTOBER OF LAST YEAR THAT THEY WOULD BRING SOME REMEDIAL ACTION; IS
THAT CORRECT?
MR. KELLEY. NOT IN MONTAGUE. THAT WAS IN ANOTHER PART OF THE STATE
I WAS REFERRING TO. THAT WAS AT THE WURTSMITH AIR FORCE BASE.
MR. GORE. AND THEY DID NOT TAKE ACTION.
MR. KELLEY. THAT IS CORRECT. AS A MATTER OF FACT, I HAD NEVER HEARD
FROM MR MAGUIRE -- I THINK HIS NAME IS -- WHO IS THE DIRECTOR OF REVION
V OF THE EPA. HE HAS BEEN THERE FOR MANY MONTHS NOW, BASED IN CHICAGO.
I HAVE NEVER HEARD FROM THE MAN BY LETTER, CORRESPONDENCE, OR ANY OTHER
APPEARANCE, UNTIL YESTERDAY WHEN I FILED A NOTICE OF INTENT TO SUE HIM.
AS I WAS COMING DOWN HERE TO WASHINGTON, I GOT A CALL IN MY OFFICE THAT
HE CALLED ME. THAT IS THE FIRST CONTACT I HAVE EVER HAD WITH THIS MAN.
MR. GORE. DID THEY GIVE YOU ANY REASON FOR THEIR FAILURE TO ACT?
MR. KELLEY. THE QUOTE THAT I RECEIVED FROM ONE OF MY ASSISTANTS WHO
RECEIVED THE QUOTE DIRECTLY -- SO, IT IS HEARSAY ONCE REMOVED -- IS THEY
DID NOT WANT TO SUE A SISTER AGENCY.
MR. GORE. HAS ADDITIONAL CONTAMINATION TAKEN PLACE DURING THE PERIOD
IN WHICH EPA HAS BEEN SITTING ON ITS HANDS AND DOING NOTHING?
MR. KELLEY. YES, IT HAS. OUR SCIENTISTS HAVE PROVEN IT BECAUSE WE
HAVE HAD TO SHUT OFF THE WATER. THE WATER SAMPLE THAT I GAVE THE
CHAIRMAN IS A SAMPLE OF WATER THAT WAS FOUND OUTSIDE THE AIR BASE SINCE
THAT TIME. THAT WAS IN THE DRINKING WATER. IT IS PRACTICALLY PURE
TRICHLOROETHYLENE.
MR. GORE. THAT WAS IN DRINKING WATER?
MR. KELLEY. DRINKING WATER OF A PRIVATE CITIZEN.
MR. GORE. IT IS PRETTY BAD.
LET ME TURN TO THE MONTAGUE SITE. YOU FOUND KEPONE AT THIS SITE. IS
THAT CORRECT?
MR. KELLEY. YES.
MR. GORE. HOW MUCH KEPONE HAVE YOU BEEN ABLE TO IDENTIFY?
MR. KELLEY. WE FOUND ONLY -- AS I POINTED OUT, MR. CONGRESSMAN, WE
FOUND 70 MORE TYPES OF CHEMICALS SINCE FEBRUARY IN ADDITION TO THOSE
LISTED. WE FOUND ONE SAMPLE OF KEPONE TO THIS DATE. NOW, WE DO NOT
KNOW WHAT IS BEYOND THAT.
I AM NOT A CHEMIST. BUT I AM TOLD BY OUR SCIENTIFIC PEOPLE THAT A
COMBINATION OF SOME OF THOSE CHEMICALS CAN IN FACT MAKE KEPONE.
MR. GORE. THAT IS VERY DISTURBING. I WANTED TO MAKE THAT POINT
BECAUSE THIS APPARENTLY INDICATES THAT KEPONE CAN FORM IN THE
ENVIRONMENT IF THE CONSTITUENT CHEMICALS ARE PRESENT IN THIS DUMP SITE.
IT CAN BE FORMED THROUGH A NATURAL COMBINATION.
IS THAT CORRECT? IS THAT WHAT YOUR CHEMISTS HAVE TOLD YOU?
MR. KELLEY. THAT IS WHAT MY SCIENTISTS TOLD ME. BOTH MIREX AND
KEPONE ARE FOUND. IN THERE SCIENTIFIC JUDGMENT, THAT IS EXACTLY WHAT
HAPPENED.
MR. GORE. AND THEY HAD NOT BEEN DUMPED THERE; THEY FORMED THERE?
HAZARDOUS WASTE DISPOSAL
760516
TESTIMONY OF KELLEY F J ACCOMPANIED BY FREEMAN S H AND MURPHY P
HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
PART 019 OF 19
KELLEY F J ATTORNEY GENERAL
FREEMAN S H ASSISTANT ATTORNEY GENERAL
MURPHY P STAFF MEMBER
STATE OF MICHIGAN
HOUSE OF REPRESENTATIVES WASHINGTON, D.C.
110044
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
MR. KELLEY. WE HAVE NO EVIDENCE THAT KEPONE, FOR EXAMPLE, HAS EVER
BEEN MANUFACTURED THERE.
MR. GORE. THAT IS QUITE DISTURBING BECAUSE WE ALL ARE AWARE OF THE
EFFECTS THAT KEPONE CAN HAVE.
TODAY WE ARE LOOKING AT THE ENFORCEMENT ROLES OF THE STATE AND
FEDERAL GOVERNMENT. YOUR TESTIMONY IS VERY, VERY HELPFUL IN GETTING
THIS IN PERSPECTIVE. OF COURSE, IT IS UNFORTUNATE THAT WE HAVE TO
PARCEL OUT THE RESPONSIBILITY FOR ENFORCING LAWS AND PRINCIPLES THAT
SHOULD HAVE BEEN FOLLOWED TO BEGIN WITH. THESE ACTIONS WERE
IRRESPONSIBLE.
I WOULD JUST LIKE TO CONCLUDE WITH A BRIEF WORD ABOUT THE REFUSAL OF
HOOKER TO GIVE INFORMATION TO THIS SUBCOMMITTEE WHICH WE REQUESTED AND
WHICH THE COMPANY EARLIER AGREED TO GIVE TO THE SUBCOMMITTEE.
I FIND THEIR POSITION REALLY INCREDIBLE. I CAN ONLY ASSUME THAT THE
COMPANY'S ATTORNEYS HAVE NOT READ ARTICLE I OF THE UNITED STATES
CONSTITUTION AND ARE NOT FAMILIAR WITH THE SUBPOENA POWERS OF THE
CONGRESS. IT IS REALLY -- TO USE PERHAPS TOO HARSH A WORD -- I THINK,
STUPID BECUASE WE WILL GET THIS INFORMATION.
IT ONLY LEADS ME TO CONCLUDE THAT THE INFORMATION IS EMBARRASSING AND
SHOWS QUITE PROBABLY THAT IN 1968 THE COMPANY HAD INFORMATION THAT THIS
SITE WAS HAZARDOUS THEN AND FAILED TO TURN IT OVER TO THE PROPER
AUTHORITIES. I THINK THAT IS A REASONABLE CONCLUSION FROM THE ACTIONS
THAT WE SEE TAKEN IN RESPONSE TO THE SUBCOMMITTEE'S REQUEST.
BUT WE WILL HAVE A CHANCE TO SEE WHETHER IT IS EMBARRASSING OR NOT
BECAUSE WE WILL GET THIS INFORMATION.
MR. LENT. WILL THE GENTLEMAN YIELD?
MR. GORE. I WOULD BE GLAD TO YIELD.
MR. LENT. I WOULD JUST LIKE TO JOIN IN YOUR STATEMENT, CONGRESSMAN
GORE. THE REFUSAL OF HOOKER TO DELIVER UP THIS MATERIAL IS ABSOLUTELY
INCREDIBLE TO ME AS WELL. WE ARE VERY INTERESTED, THOSE OF US FROM LONG
ISLAND, N.Y., IN OBTAINING FROM HOOKER CERTAIN INFORMATION WHICH THEY
HAVE PROMISED HAVING TO DO WITH WASTE DISPOSAL AT A PLACE CALLED
HICKSVILLE, LONG ISLAND, WHICH HAS CONTAMINATED THE UNDERGROUND AQUIFER.
WE ARE GOING TO BE VOTING ON THE ISSUANCE OF A SUBPENA VERY SHORTLY.
I AM CERTAINLY GOING TO JOIN WITH MY COLLEAGUES IN ATTEMPTING TO GET
THAT INFORMATION AND THE ISSUANCE OF THE SUBPENA.
MR. KELLEY. I WISH THAT I COULD SAY UNDER OATH TO THIS COMMITTEE
THAT MY EXPERIENCE HAS BEEN DIFFERENT. UNFORTUNATELY, IN ALL HONESTY, I
HAVE TO TELL YOU THAT THE EXPERIENCE I HAVE HAD HAS BEEN EXACTLY THE
SAME. I COULD GO ON AND NAME OTHER CORPORATIONS, LARGE CORPORATIONS,
WHO WERE COOPERATIVE FROM THE BEGINNING OR MIGHT HAVE BEEN RECALCITRANT
OR WITH WHOM WE HAD LITIGATION; BUT NEVER IN MY EXPERIENCE HAVE I RUN
INTO THIS.
MR. GORE. AS AMERICAN INDUSTRY GROWS LARGER, MORE CONCENTRATED, AND
AS THE PRODUCTS MANUFACTURED BECOME POTENTIALLY MORE HARMFUL, WE HAVE TO
SEE AN INCREASING SENSE OF CORPORATE RESPONSIBILITY. OTHERWISE, WE ARE
GOING TO BE ENGAGED ENDLESSLY IN DISCUSSIONS SUCH AS TH DNE THIS MORNING
ABOUT WHETHER THE FEDERAL GOVERNMENT IS GOING TO HAUL THESE PEOPLE INTO
COURT OR WHETHER THE STATE GOVERNMENT HAS ENOUGH POLICE OFFICERS TO
MONITOR THE ACTIONS.
WE ARE GOING TO HAVE TO DO THAT, SURE. BUT WE HAVE GOT TO HAVE A
GREATER SENSE OF CORPORATE RESPONSIBILITY.
I THANK YOU FOR YOUR TESTIMONY THIS MORNING.
MR. ECKHARDT. MR. KELLEY, YOUR TESTIMONY HAS BEEN VERY USEFUL TO THE
COMMITTEE. WE APPRECIATE YOUR COMING UP HERE. WE WANT TO COMPLIMENT
YOU FOR YOUR VERY ENERGETIC JOB OF ENFORCING THE LAW IN YOUR STATE.
THANK YOU, SIR.
MR. KELLEY. THANK YOU, MR. CHAIRMAN.
MR. ECKHARDT. MR. JAMES W. MOORMAN, ASSISTANT ATTORNEY GENERAL OF
THE U.S. DEPARTMENT OF JUSTICE IS OUR NEXT WITNESS.
MR. MOORMAN, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND
NOTHING BUT THE TRUTH, SO HELP YOU GOD?
MR. MOORMAN. I DO.
MR. ECKHARDT. DO THE OTHERS WITH YOU TAKE THE SAME OATH?
MS. OBERLY. I DO.
MR. ZAELKE. I DO.
MR. ECKHARDT. PLEASE PROCEED.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
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MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
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770615
HAZARDOUS WASTE DISPOSAL
PART 001 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110045
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
MR. MOORMAN. MR. CHAIRMAN, I WANT TO THANK YOU FOR THIS OPPORTUNITY
TO APPEAR BEFORE YOUR SUBCOMMITTEE THIS MORNING. SINCE AT LEAST LAST
OCTOBER, THE SUBCOMMITTEE HAS BEEN FOCUSING MUCH NEEDED ATTENTION ON
PROBLEMS CAUSED BY HAZARDOUS WASTE AND TOXIC SUBSTANCES.
THIS MORNING YOU HAVE ASKED ME TO DISCUSS THE LEGAL AUTHORITY
AVAILABLE TO THE FEDERAL GOVERNMENT FOR CONTROLLING HAZARDOUS WASTE AND
TO COMMENT ON THE ADEQUACY OF THIS AUTHORITY. I WILL FIRST BRIEFLY
OUTLINE THE FEDERAL STATUTORY SCHEME; DISCUSS SOME GAPS IN THAT SCHEME;
AND, FINALLY, DISCUSS WHAT I CONSIDER TO BE THE REAL STUMBLING BLOCK TO
EFFECTIVE FEDERAL ENFORCEMENT EFFORT IN THIS AREA.
WE DO NOT LACK FOR LAWS TO DEAL WITH THE PROBLEM OT TOXIC SUBSTANCES
POLLUTION. LAST FALL I ASKED ONE OF MY ATTORNEYS -- IN FACT, HE IS
SITTING HERE TO MY RIGHT, MR. DURWOOD ZAELKE -- TO REVIEW THE LEGAL
AUTHORITY IN THIS AREA. HE COMPILED A LIST OF AT LEAST 21 STATUTES
PASSED BY CONGRESS IN RECENT YEARS TO CONTROL SOME ASPECT OF THE
HAZARDOUS WASTE PROBLEM. I HAVE ATTACHED THESE TO MY PRINTED TESTIMONY
AS TABLE 1. (SEE P. 723.) IN ADDITION, THERE ARE GENERAL CRIMINAL
STATUTES IN TITLE 18 OF THE UNITED STATES CODE, WHICH ARE POTENTIALLY
AVAILABLE IN VARYING FACTUAL AND CIRCUMSTANCES.
AN EXAMPLE OF THAT IS 18 U.S.C. 1001, WHICH IS A GENERAL LAW
PROHIBITING FALSE REPORTS TO THE FEDERAL GOVERNMENT GENERALLY. SO, WHEN
AN ENVIRONMENTAL LAW REQUIRES A REPORT AND IT IS FALSIFIED, THEN 18
U.S.C. 1001 WOULD PICK IT UP.
SEVERAL OF THESE STATUTES ADDRESS SMALL PROBLEMS SUCH AS THE
LEAD-BASED PAINT POISONING PREVENTION ACT. OTHERS ESTABLISH BROADER
REGULATORY PROGRAMS FOR CONTROLLING LARGER ASPECTS OF THE PROBLEM. AN
EXAMPLE OF A BROAD STATUTE IS SECTION 311 OF THE CLEAN WATER ACT, WHICH
MAKES IT ILLEGAL TO SPILL OR OTHERWISE DISCHARGE INTO NAVIGABLE WATERS
ANY OF APPROXIMATELY 300 DESIGNATED TOXIC CHEMICALS IN AMOUNTS
DETERMINED BY EPA TO BE HARMFUL. THE REGULATORY PROGRAM UNDER SECTION
311 INCLUDES COMPREHENSIVE REPORTING, LIABILITY AND CLEANUP MECHANISMS
AND PROVIDES CIVIL AND CRIMINAL PENALTIES FOR ENFORCEMENT.
THE BROADEST AND MOST DETAILED REGULATORY PROGRAM FOR CONTROLLING
HAZARDOUS WASTE IS, OF COURSE, SUBTITLE C OF THE RESOURCE CONSERVATION
AND RECOVERY ACT, OFTEN REFERRED TO AS RCRA. UNDER SUBTITLE C, EPA IS
DIRECTED TO ESTABLISH ESSENTIALLY CRADLE TO GRAVE REGULATION OF
HAZARDOUS WASTE. THE STATUTE'S CONTROL OF HAZARDOUS WASTE IS NOT
LIMITED TO ANY PARTICULAR METHOD OF DISHCARGE OR TO ANY PARTICULAR
RECEIVING MEDIUM. LAND DUMPING IS SPECIFICALLY INCLUDED.
THE STATUTORY SCHEME REQUIRES EPA TO ESTABLISH CRITERIA FOR
IDENTIFYING AND LISTING HAZARDOUS WASTES, TO IDENTIFY AND LIST HAZARDOUS
WASTES, AND ESTABLISH STANDARDS TO PROTECT HUMAN HEALTH AND THE
ENVIRONMENT APPLICABLE TO GENERATORS, TRANSPORTERS, AND OWNERS AND
OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL
FACILITIES. THE ACT ALSO REQUIRES EPA TO ESTABLISH A PERMIT SYSTEM FOR
THE TREATMENT, STORAGE AND DISPOSAL OF HAZARDOUS WASTES.
RCRA'S PROVISIONS FOR FEDERAL ENFORCEMENT AUTHORIZE CRIMINAL
PENALTIES UP TO $25,000 FOR EACH DAY OF VIOLATION AND IMPRISONMENT NOT
TO EXCEED 1 YEAR FOR KNOWINGLY TRANSPORTING OR DISPOSING HAZARDOUS WASTE
WITHOUT A PERMIT AND FOR MAKING FALSE STATEMENTS IN ANY DOCUMENT
REQUIRED UNDER SUBTITLE C. A SECOND CONVICTION CAN RESULT IN PENALTIES
UP TO $50,000 A DAY AND IMPRISONMENT NOT TO EXCEED 2 YEARS. EPA
COMPLIANCE ORDERS AND CIVIL PENALTIES ARE ALSO AUTHORIZED.
ULTIMATELY, THE REGULATIONS AND PERMIT REQUIREMENTS UNDER SUBTITLE C
WILL PROVIDE AN EXTENSIVE ENFORCEMENT FRAMEWORK FOR ACTIVE DISPOSAL
SITES. SEVERAL YEARS DOWN THE ROAD, I EXPECT SUBTITLE C ENFORCEMENT
WILL BECOME ALMOST ROUTINE IN NATURE -- SOMETHING SIMILAR TO ENFORCEMENT
UNDER THE PERMIT REQUIREMENTS OF THE CLEAN WATER ACT. UNFORTUNATELY,
THE REGULATIONS UNDER SUBTITLE C HAVE NOT YET BEEN PROMULGATED. EVEN
AFTER PROMULGATION IS COMPLETED SOMETIME NEXT YEAR, EPA ASSISTANT
ADMINISTRATOR TOM JORLING HAS ESTIMATED IT WILL TAKE AN ADDITIONAL 5 TO
7 YEARS TO ISSUE THE NECESSARY PERMITS UNDER THE ACT.
THUS, UNTIL THE SUBTITLE C REGULATORY PROGRAM IS IN PLACE, AND UNTIL
IT IS EXPANDED TO COVER INACTIVE OR ABANDONED DISPOSAL SITES,
ENFORCEMENT MUST BE APPROACHED UNDER ANOTHER PROVISION OF THAT ACT. FOR
LAND-BASED HAZARDOUS WASTE PROBLEMS, THE PRIMARY STATUTORY AUTHORITY
AVAILABLE TO THE FEDERAL GOVERNMENT IS THE "IMMINENT AND SUBSTANTIAL
ENDANGERMENT" PROVISION IN SECTION 7003 OF THE RESOURCE CONSERVATION AND
RECOVERY ACT. THIS SECTION CREATES A CAUSE OF ACTION AGAINST ANY PERSON
CONTRIBUTING TO AN IMMINENT AND SUBSTANTIAL ENDANGERMENT PRESENTED BY
THE HANDLING, STORAGE, TREATMENT, TRANSPORTATION OR DISPOSAL OF ANY
SOLID WASTE OR HAZARDOUS WASTE. THE SECTION IS ONE OF A SERIES OF AT
LEAST 13 SIMILAR IMMINENT HAZARD PROVISIONS IN VARIOUS HEALTH AND
ENVIRONMENTAL STATUTES. WE HAVE ATTACHED AT TABLE 2 (SEE P. 724) TO MY
TESTIMONY A LIST OF THOSE 13 IMMINENT HAZARD PROVISIONS.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
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HAZARDOUS WASTE DISPOSAL
PART 002 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110046
HEARINGS
TRANSCRIPT
HOUSE
THERE ARE, IN ADDITION, MISCELLANEOUS PROVISIONS IN THE STATUTES
LISTED IN TABLE 1 (SEE P. 723), AS WELL AS LEGAL THEORIES UNDER THE
COMMON LAW, WHICH CAN BE APPLIED DEPENDING ON THE SPECIFIC FACT
SITUATION. OUR LAWYERS WORKING IN THIS NEWLY DEVELOPING FIELD OF
HAZARDOUS AND TOXIC WASTE CONTROL WILL BE UTILIZING THESE PROVISIONS IN
VARIOUS COMBINATIONS AS APPROPRIATE.
WITH SO MANY FEDERAL STATUTES AND THE COMMON LAW, WE EXPECT TO BE
ABLE TO DEVISE EFFECTIVE ENFORCEMENT STRATEGIES FOR CONTROLLING
HAZARDOUS WASTE AND TOXIC SUBSTANCES POLLUTION. SINCE DECEMBER OF 1978,
WE HAVE FILED FIVE ACTIONS AGAINST HAZARDOUS WASTE DISPOSERS, AND
SEVERAL OTHER CASES ARE CURRENTLY BEING INVESTIGATED. OF THE CASES
ALREADY FILED, SEVERAL HAVE SOUGHT TO ABATE THE IMPROPER DISPOSAL OF
PCB'S -- A SUBSTANCE WHOSE MANUFACTURE HAS BEEN SPECIFICALLY BANNED BY
CONGRESS UNDER THE TOXIC SUBSTANCES CONTROL ACT.
IN ANOTHER RECENTLY FILED ACTION, WE ARE SEEKING COMPREHENSIVE RELIEF
AGAINST EIGHT COMPANIES AND THREE OF THEIR OFFICERS INVOLVED IN THE
DISPOSAL OF HAZARDOUS CHEMICAL WASTES AT THE 200-ACRE KIN-BUC LANDFILL
IN EDISON, N.J. THE SUIT SEEKS $1.6 MILLION IN DAMAGES AND PENALTIES, A
COURT ORDER REQUIRING THE CLOSING OF THE LANDFILL, AND PROTECTIVE
ACTIONS BY THE DEFENDANTS TO PREVENT FURTHER LEAKING OF WASTES INTO THE
RARITAN RIVER.
UNTIL THE COURTS ISSUE DECISIONS IN THESE CASES AND IN SOME OTHERS WE
WILL SOON BE BRINGING, WE WILL NOT BE ABLE TO THOROUGHLY ASSESS THE
ADEQUACY OF OUR EXISTING LEGAL AUTHORITY. MY OWN OPINION IS THAT OUR
AUTHORITY IS REASONABLY ADEQUATE. MY BELIEF IS THAT THE ISSUES IN
QUESTION IN THESE CASES WILL BE RESOLVED LARGELY IN FAVOR OF PROTECTING
THE PUBLIC.
AS WE PRESENT THE COURTS WITH THE FACTS -- THE COLD HARD FACTS, IF
YOU WILL, ABOUT THE HORRORS OF HAZARDOUS WASTE -- I AM CONFIDENT THAT
THE FEDERAL JUDICIARY WILL RESPOND POSITIVELY. IF I AM WRONG, IF WE
LOSE ON ANY IMPORTANT POINT, THEN YOU CAN BE SURE WE WILL BE BACK TO
CONGRESS FOR CORRECTIVE LEGISLATION. AT THIS POINT, HOWEVER, WE
GENERALLY DO NOT KNOW WHAT SPECIFIC CORRECTIVE MEASURES TO RECOMMEND TO
YOU.
THERE ARE AT LEAST TWO SPECIFIC GAPS, THOUGH, THAT ARE IMMEDIATELY
DISCERNIBLE. THE FIRST GAP CONCERNS OUR AUTHORITY TO COMPEL COMPANIES
AND INDIVIDUALS TO DISCLOSE THE HISTORY OF THEIR HAZARDOUS WASTE DUMPING
PRACTICES AND THE LOCATION OF THEIR DUMP SITES. FOR ACTIVE SITES, THE
SUBTITLE C REGULATIONS OF RCRA EVENTUALLY WILL PROVIDE A MECHANISM FOR
LOCATING THE SITES AND LEARNING THEIR CONTENTS.
HOWEVER, FOR INACTIVE, AND ESPECIALLY ABANDONED SITES, THERE MAY BE A
SERIOUS GAP IN THE EXISTING LAW. I THEREFORE RECOMMEND THAT CONGRESS
CLARIFY THE GOVERNMENT'S AUTHORITY TO COMPEL WASTE GENERATORS AND
DISPOSERS TO SUBMIT INFORMATION AND REPORTS DESCRIBING PAST DISPOSAL
PRACTICES SO THAT A THOROUGH INVENTORY OF THE PROBLEM CAN BE COMPLETED.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
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PART 003 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110047
HEARINGS
TRANSCRIPT
HOUSE
MICRIFORM REFILMED; SEE APPENDICES.
THERE ARE SEVERAL MEASURES CURRENTLY BEING DISCUSSED TO ADDRESS THIS
PROBLEM IN ONE WAY OR ANOTHER. FOR EXAMPLE, CONGRESSMAN FLORIO HAS
PROPOSED AMENDMENTS TO RCRA TO REQUIRE THE STATES TO CONDUCT INVENTORIES
OF DISPOSAL SITES AND THEIR CONTENTS AND, FAILING THAT, DIRECTING EPA TO
ASSUME THAT RESPONSIBILITY. AND EPA, I UNDERSTAND, IS REQUESTING
FUNDING TO IMMEDIATELY CONDUCT A SURVEY OF THE 400 SITES SUSPECTED OF
POSING THE GREATEST HEALTH THREAT, FOLLOWED BY DETAILED INVESTIGATION OF
300 OF THESE SITES.
ALTHOUGH WE HAVE NOT ANALYZED THESE PARTICULAR PROPOSALS IN DETAIL,
WE FULLY SUPPORT THE EFFORT TO ESTABLISH A COMPREHENSIVE INVENTORY.
WITHOUT IT, ENFORCEMENT LITIGATION ON ANY SYSTEMATIC BASIS IS OBVIOUSLY
LARGELY IMPOSSIBLE.
CLOSELY RELATED TO THE PROBLEM OF LOCATING AND LEARNING THE CONTENTS
OF DISPOSAL SITES IS THE PROBLEM PRESENTED BY DEFICIENCIES IN OUR
SUBPENA POWER. IN FACT, THE LAST TIME I WAS TESTIFYING ON THE HILL,
BEFORE THE SENATE JUDICIARY COMMITTEE, I FOUND MYSELF IN AN AWKWARD
POSITION. THE WASHINGTON POST RAN A STORY THAT MORNING ABOUT A
HAZARDOUS WASTE PROBLEM BASED ON INTERNAL CORPORATE DOCUMENTS THAT HAD
BEEN SUBPENAED BY THE SECURITIES AND EXCHANGE COMMISSION DOCUMENTS WHICH
MY STAFF HAD NOT BEEN ABOT TO OBTAIN DIRECTLY FROMTHE COMPANY IN
QUESTION BECAUSE NEITHER EPA NOR JUSTICE HAS CLEAR SUBPENA POWER FOR
CIVIL INVESTIGATIONS PRIOR TO SUIT.
IRONICALLY, YOUR OWN SUBCOMMITTEE APPEARS TO HAVE MORE POWER THAN I
DO TO OBTAIN DOCUMENTS AND COMPEL TESTIMONY UNDER OATH AT THE
INVESTIGATORY STAGE. I AM A LITTLE ENVIOUS OF- YOUR MR. BROWN THERE. I
WOULD NOT MIND HAVING HIM ON MY STAFF.
MR. ECKHARDT. DON'T YOU GO MEDDLING WITH OUR STAFF.
MR. GORE. YES, LET'S HOLD OFF ON THAT.
MR. MOORMAN. I MAY SUBPENA HIM, MR. CHAIRMAN.
BUT HE WOULD NOT BE ABLE TO ISSUE A SUBPENA IF HE WERE WORKING FOR
ME.
I RECOMMEND THAT JUSTICE BE GIVEN AUTHORITY TO SUBPENA WITNESSES AND
COMPEL THE PRODUCTION OF DOCUMENTS FOR THE PURPOSE OF CONDUCTING
INVESTIGATIONS OF ANY POSSIBLE CIVIL VIOLATION OF THE TOXIC AND
HAZARDOUS WASTE STATUTES PRIOR TO SUIT.
CAPABILITY.
THE STATUTORY CHANGES I HAVE JUST SUGGESTED WOULD BE OF GREAT BENEFIT
TO OUR EFFORTS TO CONTROL THE HAZARDOUS WASTE AND TOXIC SUBSTANCE
POLLUTION PROBLEM. I BELIEVE, HOWEVER, THAT THERE EXISTS A MUCH MORE
SERIOUS PROBLEM THAT STANDS IN THE WAY OF DEVELOPING THE LARGE NUMBER OF
CASES THAT NEED TO BE BROUGHT IN THIS AREA, AND THAT IS THE LACK OF
INFORMATION NEEDED TO IDENTIFY THE SPECIFIC NATURE OF THE PROBLEM AND TO
DEVELOP THE CASES.
THE ENVIRONMENTAL PROTECTION AGENCY ESTIMATED LAST NOVEMBER THAT
THERE WERE PERHAPS 30,000 HAZARDOUS WASTE SITES IN THE COUNTRY, AND THAT
UP TO 2,000 OF THOSE MAY BE PRESENTING AN IMMINENT AND SUBSTANTIAL
ENDANGERMENT TO PUBLIC HEALTH OR THE ENVIRONMENT. THESE FIGURES,
HOWEVER, ARE REALLY ONLY EDUCATED GUESSES, GUESSES WHICH ARE BASED ON
SOMEWHAT SKETCHY INFORMATION.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
790518
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 004 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110048
HEARINGS
TRANSCRIPT
HOUSE
THE REASON THE EPA'S INFORMATION IS SO SKETCHY IS THAT IT HAS NOT YET
UNDERTAKEN A SYSTEMATIC INVESTIGATION OF SITES AND OF THE DANGERS POSED
BY THE HAZARDOUS WASTE CONTAINED IN SUCH SITES. I WISH TO MAKE IT CLEAR
THAT I AM NOT SINGLING OUT EPA HERE. JUSTICE LIKEWISE HAS NOT DEVELOPED
THE INFORMATION.
THE REASON EPA HAS NOT UNDERTAKEN THIS SYSTEMATIC INVESTIGATION IS
THAT IT DOES NOT HAVE ANY INVESTIGATORS WHO ARE REALLY CAPABLE OF
PERFORMING SUCH TASKS. EPA'S DEPUTY ADMINISTRATOR HAS STATED RECENTLY
THAT THE AGENCY HAS ONLY 30 TO 50 PEOPLE WORKING NATIONWIDE ON HAZARDOUS
WASTE. NONE OF THOSE WERE WHAT YOU WOULD CALL TRAINED LAW ENFORCEMENT
INVESTIGATORS.
AT JUSTICE, WE HAVE SIMPLY DEFERRED TO EPA. THUS, I HAVE HAD ONLY
ONE ATTORNEY WORKING FULL TIME AND THREE OR FOUR OTHERS WORKING PART
TIME IN THIS AREA. BOTH EPA AND JUSTICE HAVE BEEN DISCUSSING WITH THE
OMB AND THE WHITE HOUSE STRATEGIES TO CORRECT THESE PROBLEMS.
LEGISLATION IS UNDER DEVELOPMENT AND WE HAVE ALSO BEEN DISCUSSING
ADDITIONAL RESOURCE REQUIREMENTS.
EPA IS IN SERIOUS NEED OF TOUGH LAW ENFORCEMENT INVESTIGATORS:
INVESTIGATORS WITH TRAINING COMPARABLE TO THAT OF THE IRS, THE CUSTOMS
AGENTS, AND THE FBI. WHILE A HIGH DEGREE OF SPECIALIZED TECHNICAL
KNOWLEDGE IS ALSO NECESSARY FOR THESE INVESTIGATIONS, I BELIEVE THAT
FUNDAMENTAL INVESTIGATIVE TECHNIQUES AND GOOD INVESTIGATIVE INSTINCTS
ARE EQUALLY OR MORE IMPORTANT.
THESE INVESTIGATORS ARE NEEDED NOT ONLY TO IDENTIFY SITES AND THEIR
CONTENTS AND OWNERS AND OPERATORS AND FORMER OWNERS AND OPERATORS, THEY
ARE ALSO NEEDED TO FERRET OUT THE ELEMENTS OF ORGANIZED CRIME THAT ARE
ALLEGED TO BE INVOLVED IN HAZARDOUS WASTE POLLUTION. THEY MUST BE
WILLING TO DEAL WITH THE ENTIRE RANGE OF CIVIL AND CRIMINAL PROBLEMS,
FROM THE WHITE-COLLAR MALFEASANCE COMMITTED BY CORPORATE EXECUTIVES IN
THE DISPOSAL OF HAZARDOUS WASTE, TO THE ORGANIZED CRIME TYPES WHO ARE
INVOLVED WITH THE MIDNIGHT DUMPING OF HAZARDOUS WASTE AND TOXIC
SUBSTANCES INTO OUR RIVERS, OUR LAKES, OUR WETLANDS, OUR SEWERS OR ANY
OTHER CONVENIENT LOCATION.
YOUR OWN SUBCOMMITTEE INVESTIGATORS, WITH THEIR SUBPOENA POWER, HAVE
BEEN ABLE TO DO AN ADMIRABLE JOB FERRETING OUT THESE PROBLEMS. EPA ALSO
NEEDS TOUGH LAW ENFORCEMENT INVESTIGATORS IN THIS AREA AND JUSTICE
SHOULD PROVIDE SUPPLEMENTAL ASSISTANCE. EPA MUST USE THESE
INVESTIGATORS TO FOLLOW THE PAPER TRAILS MADE BY THESE CRIMINALS IN THE
SAME WAY THAT YOUR STAFF HAS FOLLOWED THE LEADS SUGGESTED BY THE SEC
DOCUMENTS AND OTHER LEADS PROVIDED BY INVESTIGATIVE REPORTERS AND SO
FORTH.
AS I SAID, THE ADMINISTRATION IS WORKING HARD ON SOLVING THESE
PROBLEMS, AND I HOPE PROGRESS WILL BE MADE SOON. I THEN HOPE WE HAVE
THE WISDOM TO SET UP AN INSTITUTIONAL STRUCTURE TO EFFICIENTLY
INVESTIGATE HAZARDOUS WASTE AND TOXIC SUBSTANCE POLLUTION AND TO BRING
MALFEASANTS TO JUSTICE.
THANK YOU. MR. CHAIRMAN, I WILL BE PLEASED TO ANSWER ANY QUESTIONS
YOU MIGHT HAVE CONCERNING MY TESTIMONY.
(THE ATTACHMENTS REFERRED TO FOLLOW:)
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
790518
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 005 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110049
HEARINGS
TRANSCRIPT
HOUSE
TABLE OMITTED
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
790518
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 006 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110050
HEARINGS
TRANSCRIPT
HOUSE
TABLE OMITTED
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
790518
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 007 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110051
HEARINGS
TRANSCRIPT
HOUSE
MR. ECKHARDT. I THINK YOU HAVE ONLY ONE STAFF MEMBER WORKING ON
HAZARDOUS WASTE AND TOXIC SUBSTANCES. IS THAT RIGHT?
MR. MOORMAN. I HAVE ONE WORKING FULL TIME, AND I HAVE SEVERAL OTHERS
WHO ARE WORKING ON THE MATTER IN CONJUNCTION WITH OTHER DUTIES THAT THEY
ALSO HAVE.
MR. ECKHARDT. DO YOU THINK THAT IS ADEQUATE, CONSIDERING THE
MAGNITUDE OF THE PROBLEM?
MR. MOORMAN. IT IS ADEQUATE IF I AM NOT REFERRED ANY MORE CASES FROM
EPA. BUT IT IS CLEARLY NOT ADEQUATE IN LIGHT OF THE MAGNITUDE OF THE
PROBLEM -- CLEARLY NOT.
MR. ECKHARDT. DID I UNDERSTAND CORRECTLY THAT, UNLESS YOU GET CASES
REFERRED TO YOU THAT MAY ARISE UNDER RCRA OR TSCA, THAT YOU IN THE
ATTORNEY GENERAL'S OFFICE DO NOT PROCEED OR ARE NOT PERMITTED TO
PROCEED? I AM NOT QUITE SURE I UNDERSTAND EXACTLY WHAT THE SITUATION IS
UNDER THE LAW.
MR. MOORMAN. AS I SEE IT, I AM NOT AUTHORIZED TO INVESTIGATE AND
FILE SUITS ON MY OWN INITIATIVE. I DO IT ESSENTIALLY AS A SERVICE TO
EPA.
MR. ECKHARDT. EPA HAS SUBPOENA POWERS THAT COULD REACH TO TSCA
VIOLATIONS -- OR, RATHER, TO RCRA VIOLATIONS UNDER TSCA; DOES IT NOT?
MR. MOORMAN. WELL, THIS IS A TRICKY SUBJECT. THEY DO HAVE A
PREFILING SUBPOENA POWER UNDER TSCA. BUT THE SUBSTANTIVE REMEDIES
PROVIDED UNDER RCRA ARE SUPERIOR TO THE REMEDIES UNDER TSCA FOR WASTE
DISPOSAL. EAP FEELS VERY UNCERTAIN ABOUT USING THE SUBPOENA POWERS
UNDER ONE STATUTE IN ORDER TO MAKE A CASE UNDER ANOTHER STATUTE. THEY
FEEL THE NEED FOR A CLARIFICATION.
I SHOULD ALSO ADD THAT THE SUBPOENA POWER RESIDES IN THE
ADMINISTRATOR. HE WOULD HAVE TO ASK ME TO UTILIZE IT ON HIS BEHALF
UNDER TSCA.
I THINK THAT REALLY WHAT IS NEEDED IS A COMPREHENSIVE, PREFILING
SUBPOENA POWER UNDER ALL THE POLLUTION CONTROL STATUTES WHICH WOULD
RESIDE IN BOTH THE ADMINISTRATOR AND THE ATTORNEY GENERAL TO USE AS THEY
DEEM APPROPRIATE.
RIGHT NOW WE ARE STUCK WITH A SITUATION WHERE WE HAVE IT IN SORT OF A
PECULIAR FASHION IN ONE STATUTE, AND IT DOES NOT CLEARLY APPLY TO THE
OTHER STATUTES. AND EVERYBODY FEELS THAT WE WILL GET BOGGED DOWN IN
LONG LITIGATION WITH THE CORPORATIONS OVER THE APPROPRIATE USE OF THE
SUBPOENA POWER. IT WOULD BE A LOT SIMPLER TO JUST GO AHEAD AND FILE A
SUIT EVEN THOUGH YOU DO NOT HAVE ALL THE INFORMATION YOU MIGHT NEED AND
THEN USE THE DISCOVERY PROCEDURES. BUT THAT IS NOT TOTALLY SATISFACTORY
EITHER.
MR. ECKHARDT. GENERALLY, WITH RESPECT TO THE AGENCIES OF GOVERNMENT,
AT LEAST THOSE THAT COME UNDER DEPARTMENTS OF GOVERNMENT, THE EXCLUSIVE
RIGHT TO GO INTO COURT FOR ENFORCEMENT PURPOSES IS IN THE DEPARTMENT OF
JUSTICE; IS IT NOT?
MR. MOORMAN. THAT IS NOT CORRECT IN THIS AREA OF THE LAW.
CONGRESS HAS PROVIDED RESIDUAL LITIGATION AUTHORITY TO EPA. IN OTHER
WORDS, IF THE ATTORNEY GENERAL DETERMINES THAT A CASE REFERRED BY EPA
DOES NOT MERIT FILING, EPA HAS THE AUTHORITY TO FILE IT ITSELF IF IT
CHOOSES TO. SO, THE ATTORNEY GENERAL DOES NOT HAVE COMPLETE CONTROL
OVER THE LITIGATION IN THESE CASES.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
790518
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 008 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110052
HEARINGS
TRANSCRIPT
HOUSE
ON THE OTHER HAND, THE OBVERSE IS NOT TRUE. THE ATTORNEY GENERAL
DOES NOT HAVE THE AUTHORITY TO FILE A CASE THAT HE THINKS HAS MERIT BUT
WHICH EPA DOES NOT THINK HAS MERIT.
SO, IT IS KIND OF A STRANGE SITUATION. THESE PROVISIONS GIVING
PARTIAL LITIGATING AUTHORITY TO EPA ARE ALL THE DIFFERENT STATUTES IN
VARYING FORMS: RCRA, THE WATER ACT.
AS A MATTER OF PRACTICE, EPA RARELY FILES A CASE ON ITS OWN.
VIRTUALLY ALL CIVIL LITIGATION IS FILED ON ITS BEHALF BY THE DEPARTMENT
OF JUSTICE.
MR. ECKHARDT. I KNEW THAT TO BE TRUE. I REALLY THOUGHT IT WAS
LIMITED. I KNOW THAT THE AUTHORITY OF THE SEC IS EXTENSIVE ENOUGH TO
PERMIT SEC TO PROCEED THROUGH ANY COURT UP TO THE SUPREME COURT, AT
WHICH TIME THEY MUST RELY ON THE SOLICITOR GENERAL. BUT I THOUGHT THAT
THAT WAS A RATHER UNUSUAL AUTHORITY. AND, OF COURSE, THAT IS AN
INDEPENDENT REGULATORY AGENCY.
BUT YOU SAY THAT EPA DOES HAVE AUTHORITY TO FILE INDEPENDENTLY OF THE
DEPARTMENT OF JUSTICE AND WITHOUT THE CONTROL OF THE DEPARTMENT OF
JUSTICE A SUIT FOR ENFORCEMENT?
MR. MOORMAN. IF THE ATTORNEY GENERAL DOES NOT CHOOSE TO FILE SUIT;
EPA MUST REFER IT TO US FIRST.
MR. ECKHARDT. I SEE. THEN THEY DO NOT HAVE THE AUTHORITY IF THE
DEPARTMENT OF JUSTICE ENTERS THE FIELD, BUT THEY DO HAVE THE AUTHORITY
IF THE DEPARTMENT OF JUSTICS DOES NOT ACT?
MR. MOORMAN. RIGHT. AND THERE IS, BY THE WAY, A MEMORANDUM OF
UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND EPA WHICH HAS
REGULARIZED THIS PROCEDURE, WHICH I WOULD BE GLAD TO MAKE AVAILABLE TO
THE COMMITTEE, MR. CHAIRMAN.
MR. ECKHARDT. WITHOUT OBJECTION, THE RECORD THEN WILL BE HELD OPEN
FOR THAT MEMORANDUM.
(THE FOLLOWING LETTER AND ATTACHMENT WAS RECEIVED FOR THE RECORD:)
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
790518
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 009 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110053
HEARINGS
TRANSCRIPT
HOUSE
DURING THE COURSE OF MY TESTIMONY ON MAY 16, 1979, I AGREED TO
PROVIDE THE SUBCOMMITTEE WITH A COPY OF THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND THE DEPARTMENT OF
JUSTICE CONCERNING THE HANDLING OF EPA'S CIVIL LITIGATION. THIS
DOCUMENT IS ENCLOSED.
FOR YOUR FURTHER INFORMATION, THE CLEAN AIR ACT AMENDMENTS OF 1977
PROVIDE THAT EPA'S CIVIL LITIGATION IS TO BE CONDUCTED IN ACCORDANCE
WITH THE TERMS OF THE MOU. THIS PROVISION IS NOW CODIFIED AT 42 U.S.C.
7605.
IF YOU REQUIRE FURTHER INFORMATION ON THIS POINT, PLEASE LET ME KNOW.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
790518
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 010 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110054
HEARINGS
TRANSCRIPT
HOUSE
WHEREAS, THE DEPARTMENT OF JUSTICE CONDUCTS THE CIVIL LITIGATION OF
THE ENVIRONMENTAL PROTECTION AGENCY;
WHEREAS, THE CONDUCT OF THAT LITIGATION REQUIRES A LOSE AND
COOPERATIVE RELATIONSHIP BETWEEN THE ATTORNEYS OF THE DEPARTMENT OF
JUSTICE AND OF THE ENVIRONMENTAL PROTECTION AGENCY;
WHEREAS, THE ACHIEVEMENT OF A CLOSE AND COOPERATIVE RELATIONSHIP
REQUIRES A CLARIFICATION OF THE RESPECTIVE ROLES OF THE ATTORNEYS OF THE
DEPARTMENT OF JUSTICE AND OF THE ENVIRONMENTAL PROTECTION AGENCY;
WHEREAS, THE ATTORNEY GENERAL MAY DECLINE TO REPRESENT THE AGENCY IN
PARTICULAR CIVIL ACTIONS, IN WHICH CASE THE AGENCY MAY BE REPRESENTED BY
ITS OWN ATTORNEYS; AND
WHEREAS, MOST CHALLENGES TO AND ENFORCEMENT OF REGULATORY STANDARDS
AND PROCEDURES ADOPTED BY THE ENVIRONMENTAL PROTECTION AGENCY INVOLVE
SCIENTIFIC, TECHNICAL, AND POLICY ISSUES AND DETERMINATIONS DEVELOPED IN
LENGTHY RULEMAKING PROCEEDINGS IN WHICH THE AGENCY'S ATTORNEYS HAVE BEEN
INVOLVED AND CAN PROVIDE THE NECESSARY EXPERTISE.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
790518
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 011 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110055
HEARINGS
TRANSCRIPT
HOUSE
NOW, THEREFORE, THE FOLLOWING MEMORANDUM OF UNDERSTANDING IS ENTERED
INTO BETWEEN THE ATTORNEY GENERAL OF THE UNITED STATES AND THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY FOR THE PURPOSE OF
PROMOTING THE EFFICIENT AND EFFECTIVE HANDLING OF CIVIL LITIGATION
INVOLVING THE ENVIRONMENTAL PROTECTION AGENCY.
1. THE ATTORNEY GENERAL OF THE UNITED STATES (HEREINAFTER REFERRED
TO AS THE 'ATTORNEY GENERAL') SHALL HAVE CONTROL OVER ALL CASES TO WHICH
THE ENVIRONMENTAL PROTECTION AGENCY (HEREINAFTER REFERRED TO AS THE
'AGENCY') OR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY
(HEREINAFTER REFERRED TO AS THE 'ADMINISTRATOR') IS A PARTY.
2. WHEN REQUESTED BY THE ADMINISTRATOR, THE ATTORNEY GENERAL SHALL
PERMIT ATTORNEYS EMPLOYED BY THE AGENCY (HEREINAFTER REFERRED TO AS
'AGENCY PARTICIPATING ATTORNEYS') TO PARTICIPATE IN CASES INVOLVING
DIRECT REVIEW IN THE COURTS OF APPEAL AND SHALL ALSO PERMIT SUCH
ATTORNEYS TO PARTICIPATE IN OTHER CIVIL CASES TO WHICH EITHER THE AGENCY
OR THE ADMINISTRATOR ARE A PARTY, PROVIDED, HOWEVER, THAT:
(A) THE ADMINISTRATOR OR HIS DELEGATE SHALL DESIGNATE A SPECIFIC
AGENCY PARTICIPATING ATTORNEY FOR EACH CASE AND SHALL COMMUNICATE THE
NAME OF SUCH ATTORNEY IN WRITING TO THE ATTORNEY GENERAL;
(B) SUCH AGENCY PARTICIPATING ATTORNEY SHALL BE SUBJECT TO THE
SUPERVISION AND CONTROL OF THE ATTORNEY GENERAL; AND
(C) IF REQUIRED BY THE ATTORNEY GENERAL, AN AGENCY PARTICIPATING
ATTORNEY SHALL BE APPOINTED AS A SPECIAL ATTORNEY OR SPECIAL ASSISTANT
UNITED STATES ATTORNEY AND TAKE THE REQUIRED OATH PRIOR TO CONDUCTING OR
PARTICIPATING IN ANY KIND OF COURT PROCEEDINGS.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
790518
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 012 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110056
HEARINGS
TRANSCRIPT
HOUSE
3. AGENCY ATTORNEYS SHALL NOT FILE ANY PLEADINGS OR OTHER DOCUMENTS
IN A COURT PROCEEDING WITHOUT THE PRIOR APPROVAL OF THE ATTORNEY
GENERAL.
4. IT IS UNDERSTOOD THAT PARTICIPATION BY AGENCY ATTORNEYS UNDER
THIS MEMORANDUM INCLUDES APPEARANCES IN COURT, PARTICIPATION IN TRIALS
AND ORAL ARGUMENTS, PARTICIPATION IN THE PREPARATION OF BRIEFS,
MEMORANDA AND PLEADINGS, PARTICIPATION IN DISCUSSIONS WITH OPPOSING
COUNSEL, INCLUDING SETTLEMENT NEGOTIATIONS, AND ALL OTHER ASPECTS OF
CASE PREPARATION NORMALLY ASSOCIATED WITH THE RESPONSIBILITIES OF AN
ATTORNEY IN THE CONDUCT OF LITIGATION; PROVIDED, HOWEVER, THAT THE
ATTORNEY GENERAL SHALL RETAIN CONTROL OVER THE CONDUCT OF ALL
LITIGATION. SUCH CONTROL SHALL INCLUDE THE RIGHT TO ALLOCATE TASKS
BETWEEN ATTORNEYS EMPLOYED BY THE DEPARTMENT OF JUSTICE AND AGENCY
PARTICIPATING ATTORNEYS. IN ALLOCATING TASKS BETWEEN THE DEPARTMENT'S
AND THE AGENCY'S ATTORNEYS, THE ATTORNEY GENERAL SHALL GIVE DUE
CONSIDERATION TO THE SUBSTANTIVE KNOWLEDGE OF THE RESPECTIVE ATTORNEYS
OF THE MATTER AT ISSUE SO THAT THE GOVERNMENT'S RESOURCES ARE UTILIZED
TO THE BEST ADVANTAGE.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
790518
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 013 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110057
HEARINGS
TRANSCRIPT
HOUSE
5. IN THE EVENT OF ANY DISAGREEMENT BETWEEN ATTORNEYS OF THE
DEPARTMENT OF JUSTICE AND OF THE AGENCY CONCERNING THE CONDUCT OF ANY
CASE, THE ADMINISTRATOR MAY OBTAIN A REVIEW OF THE MATTER IN QUESTION BY
THE ATTORNEY GENERAL. THE ATTORNEY GENERAL SHALL GIVE FULL
CONSIDERATION TO THE VIEWS AND REQUESTS OF THE AGENCY AND SHALL MAKE
EVERY EFFORT TO ELIMINATE DISAGREEMENTS ON A MUTUALLY SATISFACTORY
BASIS. IN CARRYING OUT SUCH REVIEWS, THE ATTORNEY GENERAL SHALL CONSULT
WITH THE ADMINISTRATOR. IN IMPLEMENTING THIS PROVISION, IT IS
UNDERSTOOD THAT THE ATTORNEY GENERAL WILL NOT BE EXPECTED BY THE
ADMINISTRATOR TO INTERFERE WITH THE DIRECTION OF ANY TRIAL IN PROGRESS.
6. THE SETTLEMENT OF ANY CASE IN WHICH THE DEPARTMENT OF JUSTICE
REPRESENTS THE AGENCY OR THE ADMINISTRATOR SHALL REQUIRE CONSULTATION
WITH AND CONCURRENCE OF BOTH THE ADMINISTRATOR AND THE ATTORNEY GENERAL.
7. THE ADMINISTRATOR AND THE ATTORNEY GENERAL SHALL MAKE AN ANNUAL
REVIEW OF BOTH THE DEPARTMENT'S AND THE AGENCY'S PERSONNEL REQUIREMENTS
FOR AGENCY LITIGATION. THE ATTORNEY GENERAL AND THE ADMINISTRATOR WILL
COOPERATE IN MAKING SUCH APPROPRIATION REQUESTS AS ARE REQUIRED TO
MAINTAIN THEIR RESPECTIVE STAFFS AT A LEVEL ADEQUATE TO THE NEEDS OF THE
AGENCY'S LITIGATION.
8. THE ATTORNEY GENERAL SHALL ESTABLISH SPECIFIC DEADLINES, NOT
LONGER THAN 60 DAYS, WITHIN WHICH THE DEPARTMENT'S ATTORNEYS MUST EITHER
FILE COMPLAINTS IN AGENCY CASES OR REPORT TO THE ATTORNEY GENERAL WHY
ANY SUCH COMPLAINT HAS NOT BEEN FILED.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
790518
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 014 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110058
HEARINGS
TRANSCRIPT
HOUSE
IN THE EVENT ANY DEPARTMENT ATTORNEY DOES NOT FILE A COMPLAINT, HE
SHALL THEREAFTER SUBMIT FURTHER PERIODIC REPORTS TO THE ATTORNEY GENERAL
UNTIL THE COMPLAINT IS FILED OR A DECISION IS REACHED THAT IS SHALL NOT
BE FILED. COPIES OF THE REPORTS REQUIRED BY THIS SECTION SHALL BE
PROVIDED TO THE AGENCY IF REQUESTED.
9. IF THE ATTORNEY GENERAL FAILS TO FILE A COMPLAINT WITHIN 120 DAYS
OF THE REFERRAL OF A REQUEST FOR LITIGATION AND A LITIGATION REPORT BY
THE AGENCY TO THE ATTORNEY GENERAL, THEN THE ADMINISTRATOR MAY REQUEST
THE ATTORNEY GENERAL TO FILE A COMPLAINT WITHIN 30 DAYS. FAILURE OF THE
ATTORNEY GENERAL TO THEREAFTER FILE A COMPLAINT WITHIN THE SAID 30 DAYS
MAY BE CONSIDERED BY THE ADMINISTRATOR OR HIS DELEGATE TO BE A FAILURE
OF THE ATTORNEY GENERAL TO NOTIFY THE ADMINISTRATOR WITHIN A REASONABLE
TIME THAT HE WILL APPEAR IN LITIGATION FOR PURPOSES OF SECTION 305 OF
THE CLEAN AIR ACT, 42 S.C. 1857H-3, SECTION 506 OF THE FEDERAL WATER
POLLUTION CONTROL ACT, 33 U.S.C. 1366, OR SECTION 1450 OF THE SAFE
DRINKING WATER ACT, 42 U.S.C. 300J-9; PROVIDED, HOWEVER, THAT THE
FAILURE OF THE ATTORNEY GENERAL TO FILE A COMPLAINT WITHIN THE TIME
PERIOD REQUESTED BY THE ADMINISTRATOR IN A CASE IN WHICH THE
ADMINISTRATOR REQUESTED IMMEDIATE ACTION UNDER SECTIONS 311(E) AND 504
OF THE FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1321, 1364;
SECTION 303 OF THE CLEAN AIR ACT, 42 U.S.C. 1857H-1; OR SECTION 1431 OF
THE SAFE DRINKING WATER ACT, 42 U.S.C. 300I; TO PROTECT PUBLIC HEALTH
MAY ALSO BE CONSIDERED BY THE ADMINISTRATOR TO BE A FAILURE OF THE
ATTORNEY GENERAL TO SO NOTIFY THE ADMINISTRATOR UNDER SECTION 305 OF THE
CLEAN AIR ACT, 506 OF THE FEDERAL WATER POLLUTION CONTROL ACT OR SECTION
1450 OF THE SAFE DRINKING WATER ACT.
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MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110059
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
10. ALL REQUESTS OF THE AGENCY FOR LITIGATION SHALL BE SUBMITTED BY
THE AGENCY THROUGH ITS GENERAL COUNSEL OR ITS ASSISTANT ADMINISTRATOR
FOR ENFORCEMENT TO THE ASSISTANT ATTORNEY GENERAL FOR THE LAND AND
NATURAL RESOURCES DIVISION OR FOR THE CIVIL DIVISION, EXCEPT MATTERS
REQUIRING AN IMMEDIATE TEMPORARY RESTRAINING ORDER MAY BE SUBMITTED BY
REGIONAL ADMINISTRATORS OF THE AGENCY SIMULTANEOUSLY TO A UNITED STATES
ATTORNEY AND THE APPROPRIATE ASSISTANT ATTORNEY GENERAL. ALL REQUESTS
FOR LITIGATION SHALL BE ACCOMPNAIED BY A STANDARD LITIGATION REPORT
WHICH SHALL CONTAIN SUCH INFORMATION AS SHALL BE DETERMINED FROM
TIME-TO-TIME BY THE ATTORNEY GENERAL TO BE NECESSARY IN ORDER TO
PROSECUTE AGENCY LITIGATION. SIMILAR REPORTS SHALL ALSO BE PROVIDED FOR
SUITS IN WHICH THE AGENCY OR THE ADMINISTRATOR IS A DEFENDANT, AS
REQUESTED BY THE ATTORNEY GENERAL.
11. THE AGENCY SHALL MAKE THE RELEVANT FILE OR ANY MATTER THAT IS
THE SUBJECT OF LITIGATION AVAILABLE TO ATTORNEYS FOR THE DEPARTMENT OF
JUSTICE AT A CONVENIENT LOCATION WHEN A REQUEST FOR LITIGATION IS
SUBMITTED OR WHEN THE DEPARTMENT IS REQUIRED TO DEFEND THE AGENCY OR THE
ADMINISTRATOR.
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MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110060
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
12. THE ADMINISTRATOR SHALL UNDERTAKE TO REVIEW THE AGENCY'S
PROCEDURES FOR THE PREPARATION OF THE RECORD IN CASES INVOLVING DIRECT
REVIEW IN THE COURTS OF APPEAL, INCLUDING ANALYSES OF SUCH MATTERS AS
ASSEMBLY, INDEXING, PAGINATION, TIMING OF PREPARATION, AND THE
ALLOCATIONOF TASKS BETWEEN THE AGENCY AND THE DEPARTMENT. THE
ADMINISTRATOR SHALL CONSULT WITH THE ATTORNEY GENERAL ON THE
RE-EXAMINATION OF THESE PROCEDURES.
13. THE NEGOTIATION OF ANY AGREEMENT TO BE FILED IN COURT SHALL
REQUIRE THE AUTHORIZATION AND CONCURRENCE OF THE ATTORNEY GENERAL.
14. IN CONDUCTING LITIGATION FOR THE ADMINISTRATOR, THE ATTORNEY
GENERAL SHALL DEFER TO THE ADMINISTRATOR'S INTERPRETATION OF SCIENTIFIC
AND TECHNICAL MATTERS.
15. NOTHING IN THIS AGREEMENT SHALL AFFECT ANY AUTHORITY OF THE
SOLICITOR GENERAL TO AUTHORIZE OR DECLINE TO AUTHORIZE APPEALS BY THE
GOVERNMENT FROM ANY DISTRICT COURT TO ANY APPELLATE COURT OR PETITIONS
TO SUCH COURTS FOR THE ISSUANCE OF EXTRAORDINARY WRITS, SUCH AS THE
AUTHORITY CONFERRED BY 28 CFR 0.20, OR TO CARRY OUT HIS TRADITIONAL
FUNCTIONS WITH REGARD TO APPEALS TO OR PETITIONS FOR REVIEW BY THE
SUPREME COURT.
16. IN ORDER TO EFFECTIVELY IMPLEMENT THE TERMS OF THIS MEMORANDUM,
THE ATTORNEY GENERAL AND THE ADMINISTRATOR WILL TRANSMIT COPIES OF THIS
MEMORANDUM TO ALL PERSONNEL AFFECTED BY ITS PROVISIONS. THIS MEMORANDUM
SHALL NOT PRECLUDE THE DEPARTMENT AND THE AGENCY FROM ENTERING INTO
MUTUALLY SATISFACTORY ARRANGEMENTS CONCERNING THE HANDLING OF A
PARTICULAR CASE.
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MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110061
HEARINGS
TRANSCRIPT
HOUSE
17. THIS AGREEMENT SHALL APPLY TO ALL CASES FILED ON OR AFTER THE
DATE OF APPROVAL OF THIS AGREEMENT BY THE ATTORNEY GENERAL AND THE
ADMINISTRATOR.
18. THE ATTORNEY GENERAL AND THE ADMINISTRATOR MAY DELEGATE THEIR
RESPECTIVE FUNCTIONS AND RESPONSIBILITIES UNDER THIS AGREEMENT.
19. THE DEPARTMENT AND THE AGENCY SHALL ADJUST THE CONDUCT OF CASES
ARISING BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT IN A MANNER
CONSISTENT WITH THE SPIRIT OF THIS AGREEMENT.
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MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110062
HEARINGS
TRANSCRIPT
HOUSE
MR. MOORMAN. THAT MEMORANDUM OF UNDERSTANDING WAS REFERRED TO IN
EITHER THE CLEAN AIR OR CLEAN WATER ACT AMENDMENTS OF 1977.
MR. ECKHARDT. I RECALL A NUMBER OF YEARS AGO WHEN THE DEPARTMENT OF
JUSTICE WAS UNDER OTHER DIRECTION, AN ACTION WAS BROUGHT AGAINST ARMCO
TO PREVENT ARMCO FROM DUMPING A THOUSAND POUNDS OF CYANIDE A DAY, AS I
RECALL, INTO THE HOUSTON SHIP CHANNEL. I WOULD ASSUME THIS IS ABOUT THE
NORMAL PROCESS. EPA COMMENCED AN INVESTIGATION AND RECOMMENDED THAT A
CASE BE BROUGHT IN THAT CASE UNDER THE OLD RIVERS AND HARBORS ACT.
THE DEPARTMENT OF JUSTICE, THROUGH ITS ATTORNEYS IN HOUSTON, THEN
PROSECUTED THE CASE; AND EPA PARTICIPATED IN AN AIDING AND ASSISTING
CAPACITY, THE DEPARTMENT OF JUSTICE BEING IN CONTROL OF THE CASE.
MR. MOORMAN. THAT IS GENERALLY CORRECT. THAT IS GENERALLY THE WAY
IT HAPPENS. WHAT THE EXACT RELATIONSHIP IS IS NOW REGULARIZED BY THE
MEMORANDUM OF UNDERSTANDING.
MR. ECKHARDT. NOW, HAD THAT BEEN A CASE INVOLVING THE SEC, THE SEC
COULD HAVE PROCEEDED WITH THE CASE INDEPENDENTLY AND COULD HAVE
CONTROLLED ITS OWN CASE IF IT CHOSE TO DO SO, AS I UNDERSTAND IT.
MR. MOORMAN. THAT IS CORRECT. AND THERE HAS SORT OF BEEN A GENERAL
TENDENCY IN RECENT YEARS FOR DIFFERENT DEPARTMENTS IN GOVERNMENT TO SEEK
THEIR INDEPENDENT LITIGATING AUTHORITY.
FOR EXAMPLE, THE ENERGY DEPARTMENT HAS MADE A BIG PUSH FOR THAT. IT
IS NOT UNCOMMON.
THE DEPARTMENT OF JUSTICE IS HAVING A HARD TIME MAINTAINING ITS TURF.
MR. ECKHARDT. THERE MIGHT HAVE BEEN A PRETTY GOOD REASON FOR THE
AGENCY TO HAVE HAD THAT AUTHORITY IN THAT CASE. I DO NOT IN ANY WAY
MEAN TO CRITICIZE THE DEPARTMENT OF JUSTICE UNDER ITS PRESENT
ADMINISTRATION.
BUT IN THAT CASE, AFTER THE DEPARTMENT OF JUSTICE HAD WON AND IT
OBTAINED AN INJUNCTION TO PREVENT THE DUMPING OF THE CYANIDE, WHICH
CAUSED ARMCO TO CEASE OPERATING A PLANT WHICH IT USED IN CONNECTION WITH
THE PREPARATION OF COKE FOR ITS STEEL PROCESS, THE DEPARTMENT OF
JUSTICE, FOR A REASON THAT SEEMED MYSTERIOUS AT THAT TIME, JOINED ARMCO
IN SEEKING A REOPENING OF THE CASE TO PROVIDE A DELAY FOR THE
ENFORCEMENT OF THE RULE. WE LATER DISCOVERED THAT A LETTER HAD BEEN
ISSUED FROM A HIGH LEVEL OF THE DEPARTMENT OF JUSTICE TO THE PROSECUTOR
IN THE CASE REQUESTING THAT NO FURTHER ACTION BE TAKEN.
THAT WAS A CASE IN WHICH MR. JOHN CONNOLLY HAD BEEN IN WASHINGTON
SHORTLY BEFORE. THE PRESIDENT OF ARMCO STATED THAT, IF HE HAD A SON, HE
WOULD NAME HIM JOHN CONNOLLY. SUBSEQUENTLY, THE LETTER APPEARED
DIRECTING THE CASE BE WITHDRAWN.
OF COURSE, THAT WAS UNDER A DIFFERENT ADMINISTRATION THAN THE PRESENT
ONE. I DO NOT MEAN TO CRITICIZE YOUR ADMINISTRATION AT ALL IN THIS
RESPECT.
AFTER ALL, THE DEPARTMENT OF JUSTICE MAY HAVE IN SOME INSTANCES A
RATHER CLOSE RELATIONSHIP TO THE PRESIDENCY. IT HAS BEEN KNOWN TO BE
DIRECTED BY THE BROTHER OF THE PRESIDENT AND BY THE PRESIDENT'S FORMER
LAW PARTNER. IT HAS BEEN MORE OR LESS HISTORIC THAT THE ATTORNEY
GENERAL HAS HAD A FAIRLY CLOSE RELATIONSHIP WITH THE PRESIDENT, WHETHER
THAT BE FOR GOOD OR BAD.
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MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110063
HEARINGS
TRANSCRIPT
HOUSE
IT DOES RAISE IN MY MIND SOME QUESTION AS TO WHETHER OR NOT THE
AGENCY ITSELF SHOULD NOT HAVE INDEPENDENT POWER TO PROCEED WITH THE
CASE. I WOULD ALSO TAKE THE OTHER SIDE OF THE COIN AND SAY THAT THE
DEPARTMENT OF JUSTICE OUGHT TO HAVE THE AUTHORITY TO INVESTIGATE AND
INITIATE THE CASE.
MR. MOORMAN. AT PRESENT THE EPA MAY TAKE THE CASE AND PROSECUTE IT
TO CONCLUSION IF JUSTICE DECLINES, BUT JUSTICE MAY NOT DO SO IF EPA
DECLINES. SO, EPA CERTAINLY HAS FULL LITIGATING AUTHORITY.
MR. ECKHARDT. BUT THE CASE I AM DESCRIBING IS ONE IN WHICH THE
DEPARTMENT OF JUSTICE ENTERED AND PREEMPTED THE FIELD. IN OTHER WORDS,
IT CONTROLLED THE CASE. ONCE IT HAD PROCEEDED, IT WAS TOTALLY IN
CONTROL OF THE CASE AND EPA COULD NOT HAVE CONTINUED TO PROCEED.
MR. MOORMAN. I BELIEVE THOUGH THAT UNDER THE LAW -- I WOULD HAVE TO
CHECK THIS -- IF JUSTICE CHOSE TO DROP IT AT ANY TIME, UNDER THE PRESENT
LAW EPA COULD PICK THE CASE UP.
UNDER OUR MEMO OF UNDERSTANDING, YOU SHOULD KNOW, MR. CHAIRMAN, THAT
WE HAVE AGREED THAT WE WILL NOT SETTLE ANY CASE WITHOUT THE CONCURRENCE
OF THE ADMINISTRATOR OF EPA.
MR. ECKHARDT. SUPPOSE YOU DISAGREE? SUPPOSE ONE SIDE SAYS ONE
THING; THE OTHER SIDE SAYS ANOTHER? WHO SETTLES THE DISPUTE? IS
EITHER ONE ENTITLED TO VETO THE WITHDRAWAL OF A CASE?
MR. MOORMAN. NEITHER ONE MAY WITHDRAW OR SETTLE OR DROP THE CASE
WITHOUT THE CONCURRENCE OF THE OTHER ONCE THE SUIT HAS BEEN FILED.
MR. ECKHARDT. THAT GIVES THE ABSOLUTE VETO POWER TO EITHER AGENCY,
AND GIVES A LITTLE EXTRA WEIGHT TO THE NEGATIVE DECISION; DOES IT NOT?
MR. MOORMAN. YES, IT DOES.
MR. ECKHARDT. THAT IS WHAT CONCERNS ME. I AGREE WITH YOU THAT, WHEN
JUSTICE FEELS THERE HAS BEEN A VIOLATION BUT SINCE EPA -- WHICH, IS
RATHER UNDERSTAFFED IN THIS AREA CANNOT INVESTIGATE, JUSTICE SHOULD HAVE
THIS ABILITY. FOR INSTANCE, AS I UNDERSTAND, THERE ARE ONLY 30 PEOPLE
IN RCRA IN EPA ADMINISTERING THAT PROGRAM.
TSCA IS AN EXTREMELY BROAD PROGRAM WHICH IS BEGINNING TO BUILD UP
MAYBE AN ADEQUATE ADMINISTRATIVE FORCE. BUT THE COMBINATION OF THE TWO
IS FAR LESS, FOR INSTANCE, THAN THE FOOD AND DRUG ACT, WHICH IS PROBABLY
AN ACT OF LESS SCOPE AND ULTIMATELY OF LESS BROAD IMPORTANCE. I DO NOT
MEAN TO DEPRECATE ITS IMPORTANCE IN A NARROW AREA.
WOULD YOU NOT AGREE THAT, BY COMPARISON TO THE FOOD AND DRUG ACT,
BOTH TSCA AND RCRA ARE RATHER UNDERSTAFFED IN EPA?
MR. MOORMAN. I AM NOT SURE HOW THE FOOD AND DRUG ACT IS STAFFED.
BUT THERE IS NO QUESTION THAT ALL THE FIELDS CONCERNING TOXIC AND
HAZARDOUS WASTE AT EPA AND AT JUSTICE ARE UNDERSTAFFED.
BY THE WAY, WITH YOUR PERMISSION, MR. CHAIRMAN, I WOULD LIKE TO MAKE
SOME OBSERVATIONS ABOUT THE ATTORNEY GENERAL AND SOME OF THE MATTERS YOU
WERE JUST REFERRING TO.
MR. ECKHARDT. YES.
MR. MOORMAN. I WOULD LIKE YOU TO KNOW THAT THE PRESENT ATTORNEY
GENERAL HAS MADE AN EFFORT TO MAKE SURE THAT THE LITIGATION IN THE
DEPARTMENT OF JUSTICE IS AS INDEPENDENT OF THE WHITE HOUSE AND INDEED OF
THE CONGRESS AS IS POSSIBLE UNDER THE CONSTITUTIONAL PROVISION, TO WHICH
I INVITE YOUR ATTENTION, THAT PLACES WITH THE PRESIDENT THE
RESPONSIBILITY TO SEE THAT THE LAWS ARE FAITHFULLY EXECUTED.
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PART 020 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110064
HEARINGS
TRANSCRIPT
HOUSE
I CAN HONESTLY SAY THAT, FROM MY OWN PERSONAL EXPERIENCE, JUDGE BELL
HAS BEEN TRUE TO HIS WORD ON THAT. INDEED, I WOULD LIKE TO REFER TO A
CASE THAT ATTORNEY GENERAL KELLEY REFERRED TO INVOLVING THE CITY OF
MILWAUKEE.
NOT TOO LONG AFTER I BECAME ASSISTANT ATTORNEY GENERAL, MILWAUKEE
APPEALED THAT CASE TO THE SEVENTH CIRCUIT. I FILED AN AMICUS BRIEF ON
BEHALF OF ILLINOIS AGAINST MILWAUKEE. IN THE PROCESS OF DOING THAT,
INCREDIBLE POLITICAL PRESSURE WAS MOUNTED BY THE CITY OF MILWAUKEE AND
BY SOME OF ITS CONGRESSIONAL DELEGATION TO PREVENT US FROM DOING THAT.
THE ATTORNEY GENERAL TURNED IT ALL AWAY COMPLETELY. AND WE WENT AHEAD
AND FILED THE BRIEF.
I MIGHT ADD THAT THE CIRCUIT COURT OF APPEALS UPHELD US ON THAT
POINT.
I WANT TO ASSURE THE COMMITTEE THAT THE DEPARTMENT OF JUSTICE UNDER
THE PRESENT ADMINISTRATION LITIGATES ALL OF THESE CASES BASED ON THEIR
MERITS AND WILL CONTINUE TO DO SO AS LONG AS WE ARE HERE.
MR. ECKHARDT. I DO NOT THINK WE NEED TO GO INTO THAT TOO DEEPLY
BECAUSE I HAVE TREMENDOUS RESPECT FOR THE ENTIRE ADMINISTRATION OF THE
DEPARTMENT OF JUSTICE FROM SOME OF THE TOP LEVELS DOWN, EVEN DURING THE
NIXON ADMINISTRATION. I THINK THAT IT REALLY IS AN ACCOLADE TO OUR FORM
OF GOVERNMENT THAT, WITH CLEAR CORRUPTION IN THE PRESIDENCY AND IN THE
ATTORNEY GENERAL AT THAT TIME -- AND I AM NOT, OF COURSE, SPEAKING
ANYTHING OTHER THAN THAT WHICH HAS BEEN LITIGATED AND DETERMINED -- THAT
THERE WAS NO REFLECTION THAT I KNOW OF THAT CORRUPTION IN THE ATTORNEY
GENERAL'S DEPARTMENT BELOW THE VERY TOP. AND I DO NOT WISH TO ASSERT
THAT IN EITHER THE PRESENT CASE OR IN THE PAST.
I MERELY RAISE THE QUESTION OF WHETHER OR NOT IT IS NOT A SAFE POLICY
BECAUSE OF POSSIBLE FAILURE OF ONE DEPARTMENT OR ANOTHER FOR VARIOUS
REASONS, PERHAPS EVEN FROM THE STANDPOINT OF LACK OF PERSONNEL, WHETHER
OR NOT IT IS NOT A PRUDENT COURSE TO GIVE THE AUTHORITY JOINTLY, BOTH
THE COMMENCE A CASE AND TO PROSECUTE IT.
I HAVE THE FIGURES HERE ON THE PERSONNEL INVOLVED IN RCRA AND TOXIC
SUBSTANCES. IN THE TOXIC SUBSTANCES CONTROL ACT, THERE ARE 30
HEADQUARTERS POSITIONS AND 39 REGIONAL POSITIONS. I THINK WE HAVE
ALREADY ESTABLISHED THAT THERE ARE 30 POSITIONS IN RCRA. OF COURSE,
RCRA HAS A VERY LIMITED NUMBER OF PERSONS, ONE INVOLVED FULL TIME AND
SEVERAL INVOLVED PART TIME IN THE DEPARTMENT OF JUSTICE ON THESE TWO
ACTS.
ON THE OTHER HAND, UNDER THE FOOD, DRUG AND COSMETIC ACT THERE IS NO
BUDGETARY BREAKDOWN; BUT THE GROSS NUMBER OF PERSONS INVOLVED IN THAT
PROGRAM IS 3,000. THAT IS NOT NECESSARILY ALL IN ENFORCEMENT, OF
COURSE, BUT I THINK IT GIVES SOME REFLECTION OF, IT SEEMS TO ME, A LACK
OF CONSIDERATION OF PRIORITIES WITH RESPECT TO THESE TWO VERY IMPORTANT
ACTS AND THEIR ENFORCEMENT.
MR. LENT?
MR. LENT. THANK YOU, MR. CHAIRMAN.
I CANNOT HELP BUT OBSERVING THAT IS WOULD BE DIFFICULT FOR THE
PRESIDENT TO APPOINT HIS LAW PARTNER AS ATTORNEY GENERAL BECAUSE HE IS
NOT A LAWYER. AND, AS FAR AS APPOINTING HIS BROTHER AS ATTORNEY
GENERAL, I THINK IT WOULD BE KIND OF DIFFICULT TO TAKE SOMEONE WHO IS
THE SUBJECT OF AN INVESTIGATION AND MAKE HIM THE ATTORNEY GENERAL.
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MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110065
HEARINGS
TRANSCRIPT
HOUSE
MR. ECKHARDT. IF THE GENTLEMAN WILL YIELD, I WAS REFERRING TO
FAR-PAST PRESIDENTS.
MR. LENT. MR. MOORMAN, I WANT FIRST OF ALL TO THANK YOU FOR YOUR
TESTIMONY.
YOU HEARD, I AM SURE, AS I DID MICHIGAN ATTORNEY GENERAL KELLEY
SUGGEST TODAY THAT THE DEPARTMENT OF JUSTICE SHOULD TAKE OVER THE LEGAL
ENFORCEMENT OF EPA OR THE LEGAL ENFORCEMENT FUNCTIONS OF THE EPA. DO
YOU AGREE WITH THAT PROPOSAL?
MR. MOORMAN. NO.
MR. LENT. CAN YOU TELL US WHY?
MR. MOORMAN. I WOULD BE GLAD TO.
I BELIEVE WITHOUT QUESTION THE DEPARTMENT OF JUSTICE SHOULD CONTINUE
TO HANDLE ENFORCEMENT LITIGATION IN COURT, BOTH CRIMINAL AND CIVIL. I
BELIEVE THAT THE DEPARTMENT OF JUSTICE SHOULD PROVIDE EPA WITH
SUPPLEMENTAL INVESTIGATIVE ASSISTANCE, PARTICULARLY WHEN IT LOOKS LIKE A
MATTER MAY GET INTO A DIFFICULT CRIMINAL AREA.
BUT, FRANKLY, IT WOULD SEEM TO ME UNWISE TO CREATE A SECOND LARGE
STAFF AT THE DEPARTMENT OF JUSTICE THAT HAD TO LEARN ALL THE
TECHNICALITIES OF POLLUTION CONTROL, DUPLICATING WHAT WE SHOULD ALREADY
HAVE AT THE EPA.
I HAVE IN MY MIND A MODEL -- I AM SPEAKING STRICTLY OF INVESTIGATION
-- OF HOW IT SHOULD BE ORGANIZED. I WILL EXPLAIN IT TO YOU.
I THINK EPA IS VERY STRONG IN TECHNICAL PERSONNEL. IT IS VERY WEAK,
AS I SAID, IN WHAT I WOULD CALL TRADITIONAL INVESTIGATIVE PEOPLE.
MR. LENT. YES, IF I CAN JUST INTERRUPT THERE. GENERAL KELLEY SAID A
FEW MINUTES AGO THAT THEY DID NOT SEEM TO HAVE ENFORCEMENT ATTORNEYS WHO
HAD THE WILL TO TAKE VIOLATORS INTO COURT AND ENFORCE THE LAW.
MR. MOORMAN. IT IS NOT A PROBLEM OF ATTORNEYS, IN MY JUDGMENT, AT
ALL. EPA HAS PLENTY OF ATTORNEYS, PLENTY OF DEDICATED AND ABLE
ATTORNEYS. THEY DO HAVE A MINOR PROBLEM OF RAPID TURNOVER AND ATTORNEY
GENERAL KELLEY IS RIGHT ON THAT POINT. THE PROBLEM IS LACK OF
INVESTIGATORS, NOT LACK OF ATTORNEYS.
THE LACK OF ATTORNEYS IS AT THE DEPARTMENT OF JUSTICE.
MR. LENT. LET ME JUST STOP YOU THERE. ATTORNEY GENERAL KELLEY SAID
EPA HAS DONE VIRTUALLY NOTHING BUT ISSUE PRESS RELEASES. HE SAID THAT
AT PAGE 9. AND THE PAGE 10 HE SAID EPA UNFORTUNATELY SEEMS MORE
INTERESTED IN ACTING AS A CRITIC OF THOSE WHO TAKE ENFORCEMENT ACTION
THAN IN ASSISTING STATE OFFICIALS WHO ARE ACTIVE IN FIGHTING POLLUTION.
THEN LATER ON PAGE 10, HE SAID EPA SEEMS TO LACK THE HEART TO TAKE
ACTION ON ITS OWN IN THOSE STATES WHICH HAVE ADOPTED AN
ANTI-ENVIRONMENTAL ATTITUDE.
WHAT I AM TRYING TO DO IS TO RECONCILE, IF I CAN, YOUR TESTIMONY THAT
THE FAILURE OF EPA, IN ADDITION TO ALL THE OTHER SHORTCOMINGS, IS THAT
IT DOES NOT HAVE ENOUGH INVESTIGATORS AND KELLEY'S TESTIMONY THAT IT
DOES NOT HAVE LAWYERS WITH A WILL TO LITIGATE AND TO HELP THE STATES IN
THEIR LITIGATION.
MR. MOORMAN. LET ME EXPLAIN TO YOU WHAT I THINK IS A GENERAL
PERCEPTION IN EPA AS TO HOW ENFORCEMENT SHOULD BE HANDLED.
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MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110066
HEARINGS
TRANSCRIPT
HOUSE
IN A WAY, THERE IS AN IRONY IN THIS. I BELIEVE THE GENERAL VIEW,
SOMEWHAT ENCOURAGED BY THE CONGRESS, TAKEN BY EPA IS THAT THE PRINCIPAL
INVESTIGATION AND ENFORCEMENT SHOULD BE DONE BY THE STATES, AND THEN THE
SECOND TIER IN THE REGIONAL OFFICES OF EPA AND THEY ARE TO FILL THE GAPS
PERHAPS, AND THAT EPA HEADQUARTERS HAS A RELATIVELY SMALL ROLE IN TERMS
OF INVESTIGATION AND THE BRINGING OF ENFORCEMENT ACTIONS.
MY VIEW OF THE MATTER IS THAT YOU SHOULD HAVE SORT OF AN ASCENDING
PYRAMID, THAT YOU SHOULD HAVE A TOUGH INVESTIGATIVE STAFF CENTRALIZED IN
WASHINGTON TO DEAL WITH THE MORE DIFFICULT PROBLEMS. EACH REGION SHOULD
ALSO HAVE AN INVESTIGATIVE STAFF MAYBE TO DEAL WITH THE LARGER NUMBER OF
B PROBLEMS, AND THE LARGEST NUMBER OF MISCELLANEOUS C PROBLEMS SHOULD BE
LEFT TO THE STATES. AND, FOR THE REAL TOUGH CRIMINAL INVESTIGATIONS,
THERE SHOULD BE SUPPLEMENTAL ASSISTANCE FROM THE DEPARTMENT OF JUSTICE.
SO, YOU BASICALLY WOULD HAVE A PYRAMIDAL STRUCTURE OF INVESTIGATIVE
CAPABILITY. AT PRESENT WHAT YOU HAVE IS SORT OF A PIT INSTEAD OF A
PYRAMID.
ESSENTIALLY, I THINK THIS GENERAL PHILOSOPHY HAS BEEN MORE OR LESS
ENCOURAGED BY THE CONGRESS AND EPA. I THINK THIS MAY BE OKAY WITH AIR
AND GENERAL WATER POLLUTION -- BUT NOW WE HAVE ARRIVED AT THE PROBLEMS
OF TOXIC SUBSTANCES. ALL OF A SUDDEN WE REALIZE THAT A SIGNIFICANT
NUMBER OF THE STATES ARE NOT GOING TO DO ANYTHING ANYWAY.
IF EPA DOES NOT HAVE THE INVESTIGATORS, IT MEANS THAT WE CONTINUED TO
HAVE A WIDE OPEN SITUATION IN WHICH INDEED THERE IS NO LAW ENFORCEMENT
AT ALL.
MR. LENT. BUT DO NOT YOU SYMPATHIZE WITH ATTORNEY GENERAL KELLEY
WHEN HE SAYS HIS STATE IS TRYING TO BRING THESE ACTIONS AND EPA DOES NOT
HELP THEM OUT, EVEN WITH MONEY OR LEGAL TALENT? I WILL NOT ASK YOU TO
ANSWER THAT.
YOU SAID THAT JUSTICE HAS, SINCE 1978, INSTITUTED FIVE ACTIONS
AGAINST POLLUTERS. HOW MANY HAS EPA INSTITUTED, SO FAR AS YOU ARE
AWARE?
MR. MOORMAN. THE SAME. THOSE ARE EPA'S CASES.
MR. LENT. I SEE.
WHEN YOU SAY THAT JUSTICE HAS FILED FIVE ACTIONS, THESE ARE CASES
WHERE YOU ARE COLLABORATING WITH EPA.
MR. MOORMAN. WE BRING ALL OF THESE CASES.
MR. LENT. NOT JUST CRIMINAL? YOU BRING THEIR CIVIL AS WELL?
MR. MOORMAN. THE CRIMINAL CASES ARE NOT THEIRS; THEY ARE OURS.
THEY DO NOT HAVE ANY CRIMINAL AUTHORITY.
MR. LENT. I KNOW THAT. BUT I DID NOT KNOW ON THE CIVIL WHETHER THEY
HAD TO OPERATE THROUGH YOU OR WHETHER THEY HAD INDEPENDENT
MR. MOORMAN. THEY DO OPERATE THROUGH US. ONLY IF WE REJECT A CASE
MAY THEY BRING IT, AND THAT HAS NOT HAPPENED IN THIS AREA.
MR. LENT. SO, IN TOTO THEN, WE CAN ASSUME THAT HERE ARE ONLY FIVE
CASES THAT HAVE BEEN INSTITUTED THROUGHOUT THE COUNTRY AS OF THE PRESENT
TIME.
MR. MOORMAN. RIGHT.
MR. LENT. I HAVE NO FURTHER QUESTIONS, MR. CHAIRMAN.
MR. GORE (PRESIDING). MR. RUSSO?
MR. RUSSO. I HAVE NO QUESTIONS.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
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PART 023 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110067
HEARINGS
TRANSCRIPT
HOUSE
MR. GORE. MR. RINALDO.
MR. RINALDO. THANK YOU, MR. CHAIRMAN.
I HAVE A NUMBER OF QUESTIONS, ALL RELATED TO HAZARDOUS WASTE, BUT NOT
SPECIFICALLY TO THE CASES THAT HAVE BEEN DISCUSSED HERETOFORE.
I WOULD LIKE TO BEGIN BY ASKING YOU WHETHER YOU HAVE ANY FAMILIARITY
WITH THE CHEMICAL CONTROL CORP. LOCATED IN ELIZABETH, N.J.?
MR. MOORMAN. I DO HAVE SOME ACQUAINTANCE WITH THAT.
MR. RINALDO. I AM GOING TO QUOTE FROM AN ITEM THAT JUST CAME DOWN ON
A TELECOPIER TODAY FROM A LEADING PAPER IN THE STATE OF NEW JERSEY. THE
FRONT PAGE RECITES THE STORY OF A PREVIOUS HEARING THERE.
IT SAYS THAT, LAST MONTH, DR. GLEN PAULSON, AN ASSISTANT COMMISSIONER
WITH DEP, TOLD A HOUSE SUBCOMMITTEE, 'THE PUBLIC RECORD SHOWS THERE IS
SOME INVOLVEMENT WITH ORGANIZED CRIME AT THE ELIZABETH DUMP SITE.'
THIS QUESTION WAS ASKED OF DR. BUCHANAN BY CONGRESSMAN GORE. AT THE
SAME HEARING RONALD BUCHANAN, WHO HEADS THE DEP'S HAZARDOUS WASTE
PROGRAM, MADE A SIMILAR COMMENT. HE WENT EVEN FURTHER. WHEN ASKED TO
DESCRIBE WHAT HAPPENED TO WILLIAM CARRACINO THE FORMER PRESIDENT OF
CHEMICAL CONTROL CORP., HE SAID, 'SOMEONE DROVE A TRUCK OVER HIS LEGS.
THAT'S THE WORD ON THE STREETS.'
THIS WAS THEN CHECKED OUT WITH EDWARD STEER, WHO IS DIRECTOR OF THE
NEW JERSEY STATE DIVISION OF CRIMINAL JUSTICE. HE DENIED THAT ORGANIZED
CRIME PLAYED ANY SIGNIFICANT ROLE IN THE ILLEGAL DISPOSAL OF HAZARDOUS
WASTES. HE ALSO SAID THAT INVESTIGATORS FOUND NO FOUL PLAY IN
CONNECTION WITH CARRACINO'S BROKEN LEG.
TODAY'S PAPER'S LEAD STORY HAS THE HEADLINE, 'CRIMINAL PROBE OPENS ON
CHEMICAL WASTE FIRM.' I WILL READ YOU THE FIRST THREE PARAGRAPHS. THEY
ARE VERY SHORT. IT SAYS:
AN INTENSIVE CRIMINAL INVESTIGATION BY FEDERAL AUTHORITIES INTO THE
OPERATION OF THE CHEMICAL CONTROL CORPORATION HAS BEEN OPENED FOLLOWING
THE DISCOVERY OF SOME 48,000 BARRELS OF EXTREMELY DANGEROUS SUBSTANCES
PILED IN THE COMPANY'S ELIZABETH WATERFRONT WAREHOUSE AND YARD.
THAT IS NOT COMPLETELY ACCURATE BECAUSE THIS DISCOVERY WAS MADE A
LONG, LONG TIME AGO. I VISITED THE SITE QUITE SOME TIME AGO. THE CITY
OF ELIZABETH TOLD US THAT THEY HAD GREAT DIFFICULTY GETTING THE FEDERAL
GOVERNMENT TO ACT, THAT THEY HAD GREAT DIFFICULTY WITH FEDERAL LAW
ENFORCEMENT AUTHORITIES. THEY DECIDED TO GO TO THE STATE AUTHORITIES.
SUBSEQUENTLY, FIVE OFFICIALS OF CHEMICAL CONTROL CORPORATION WERE
INDICTED AND CONVICTED ON NUMEROUS COUNTS.
NOW, AT THIS LATE DATE, OVER 1 1/2 YEARS AFTER THE PRESIDENT WAS
CONVICTED, IT SAYS AGENTS FROM THE BUREAU OF ALCOHOL, TOBACCO, AND
FIREARMS WITH THE U.S. TREASURY DEPARTMENT MET IN NEWARK WITH
REPRESENTATIVES OF U.S. ATTORNEY ROBERT DEL TUFO TO MAP OUT THE COMPLEX
PROBE WHICH ONE OFFICIAL SAID COULD LAST FOR MONTHS. QUOTE:
WE ARE GOING TO CONDUCT AN INTENSIVE CRIMINAL INVESTIGATION IN
COOPERATION WITH THE U.S. ATTORNEY AND THE STATE ATTORNEY GENERAL'S
OFFICE.
WHAT BOTHERS ME IS, FIRST, HOW ON EARTH CAN WE ALLOW 48,000 BARRELS
OF HAZARDOUS CHEMICAL WASTE TO ACCUMULATE WITHOUT ANY (WORD ILLEGIBLE)
ACTION TO STOP IT, WITH EVERYONE PROCEEDING AT WHAT I CONSIDER A
FOOT-DRAGGING PACE?
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
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PART 024 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110068
HEARINGS
TRANSCRIPT
HOUSE
SECOND, AFTER NOT ONLY THE TESTIMONY HERE BUT AFTER 1 1/2 YEARS OF
INVESTIGATIONS INTO THIS AREA, FINALLY NOW THEY SAY THE DEPARTMENT OF
JUSTICE IS STEPPING IN.
WHAT I WOULD LIKE TO KNOW IS EXACTLY WHAT HAS TAKEN THE DEPARTMENT OF
JUSTICE SO LONG? IS ORGANIZED CRIME INVOLVED IN THAT SITE? IS THERE
GOING TO BE AN INTENSIVE PROBE BY THE DEPARTMENT OF JUSTICE, OR ARE THEY
GOING TO RELY ON THE STATE? CERTAINLY, IT IS A MATTER THAT THE CITIZENS
ARE DEMANDING ANSWERS TO. NOW THE STATE ASSEMBLY IN THE STATE OF NEW
JERSEY IS GOING TO CONDUCT AN INVESTIGATION.
I THINK IT CERTAINLY SHOULD BE COORDINATED BY THE DEPARTMENT OF
JUSTICE IF THERE IS ANY ORGANIZED CRIME INVOLVED.
COULD YOU ANSWER ANY OF THOSE QUESTIONS?
MR. MOORMAN. SOME OF THEM I CAN, AND SOME OF THEM I CANNOT.
MR. RINALDO. THEN I WOULD LIKE YOU TO PROCEED WITH THE QUESTIONS YOU
CAN ANSWER. THEN WE WILL FIND OUT WHAT QUESTIONS WE CAN SUBMIT FOR
ANSWERS ON THE RECORD.
MR. MOORMAN. THE CHEMICAL CONTROL CORP. SITE IS ONE WE HAVE KNOWN
ABOUT FOR SEVERAL MONTHS. INDEED, I BELIEVE IT IS ONE THAT IS SO
DANGEROUS THAT WE HAD A RIDICULOUS MOMENT IN WHICH ONE EPA OFFICIAL
PROHIBITED ANYONE TO GO ON THE PROPERTY TO SAMPLE IT BECAUSE IT WAS TOO
DANGEROUS FOR ANY HUMAN BEING TO STEP ON IT.
I WANT TO SAY HERE THAT I HAVE A HIGH DEGREE OF RESPECT FOR BOB DEL
TUFO, THE U.S. ATTORNEY.
MR. RINALDO. SO DO I.
MR. MOORMAN. HE HAS TAKEN A VERY ACTIVE INTEREST IN THIS PROBLEM AND
INDEED HAS HAD PEOPLE WORKING ON IT AND HAS SHOWN A GREATER INTEREST
THAN ALMOST ANY OTHER U.S. ATTORNEY. INDEED, I DETAILED A PERSON FROM
MY OFFICE -- ONE I CAN BARELY AFFORD -- TO WORK 6 MONTHS IN HIS OFFICE
UP THERE ON MISCELLANEOUS POLLUTION PROBLEMS.
WHEN IT CAME TO THE CHEMICAL CONTROL CORP. CASE, PEOPLE ON MY STAFF
AND BOB DEL TUFO MET WITH STATE OFFICIALS. THEY MADE A JOINT DECISION
THAT THE CIVIL SUIT IN THAT CASE SHOULD BE BROUGHT BY THE STATE AND NOT
THE FEDERAL GOVERNMENT. THAT DECISION WAS MADE, AS I UNDERSTAND IT
AFTER COMPLETE CONSULTATION BETWEEN BOTH THE FEDERAL OFFICIALS AND THE
STATE OFFICIALS. IT WAS A CONSCIOUS DECISION THAT THEY ALL AGREED TO.
AT THE SAME TIME, THE FEDERAL GOVERNMENT TOOK THE CASE AGAINST THE
KIN-BUC CO., WHICH I AM SURE YOU ARE ALSO FAMILIAR WITH. IT IS ALSO
QUITE A MESS.
AS FAR AS THE INVOLVEMENT OF ORGANIZED CRIME IN THE CHEMICAL CONTROL
CORP., I KNOW NOTHING ABOUT THAT. THAT WOULD NOT BE WITHIN MY
JURISDICTION, NOR WOULD THE ALCOHOL, TOBACCO, AND FIREARMS BUREAU.
IF BOB DEL TUFO HAS STARTED A FURTHER INVESTIGATION OF A GENERAL
ORGANIZED CRIME NATURE, I WOULD NOT NECESSARILY KNOW ABOUT THAT. THAT
WOULD NOT BE WITHIN MY JURISDICTION.
I DO HAVE CRIMINAL JURISDICTION DIRECTLY UNDER THE POLLUTION CONTROL
STATUTES, BUT I WOULD NOT HAVE GENERAL JURISDICTION OVER ORGANIZED
CRIME. THAT WOULD BE UNDER THE CRIMINAL DIVISION AND WOULD BE HANDLED
BY THE U.S. ATTORNEY.
MR. RINALDO. LET ME BE MORE SPECIFIC. CERTAINLY, THE SITUATION
CRIES OUT FOR AN INVESTIGATION. IS THERE GOING TO BE THE KIND OF
COMPREHENSIVE, INTENSIVE INVESTIGATION THAT IS GOING TO DETERMINE WHAT
FEDERAL CRIMINAL LAWS WERE VIOLATED, AND IF THERE IS ANY INVOLVEMENT OF
ORGANIZED CRIME IN THAT PARTICULAR SITE? IS THERE GOING TO BE THAT KIND
OF INVESTIGATION? IF NOT, WHY NOT?
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
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PART 025 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110069
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
MR. MOORMAN. THERE ARE TWO THINGS. WHEN WE DECIDE ORIGINALLY TO
DEFER TO A STATE IN FILING AN ENFORCEMENT ACTION, CIVIL OR CRIMINAL, WE
ATTEMPT TO AVOID, AS A GENERALITY, DUAL PROSECUTION PROBLEMS. AS YOU
CAN SEE, IT DOES NOT MAKE A WHOLE LOT OF SENSE IN MOST SITUATIONS FOR
THE STATE TO FILE A CIVIL ACTION AND FOR US TO FILE A CIVIL ACTION. IT
CREATES PROBLEMS FOR US TO BOTH FILE SIMULTANEOUS CIVIL ACTIONS. WE
GENERALLY WORK OUT AN AGREEMENT WHERE ONE OR THE OTHER DOES IT.
SECOND, THERE ARE A NUMBER OF PROBLEMS THAT ARISE IF YOU GO BOTH
CIVIL AND CRIMINAL SIMULTANEOUSLY. YOU IMMEDIATELY RUN INTO PROBLEMS
WHERE THE DEFENSE BEGINS TO USE THE CIVIL CASE'S DISCOVERY TECHNIQUES TO
BUILD DEFENSES TO YOUR CRIMINAL ACTION. AT THE SAME TIME, THEY WILL
ATTACK YOUR CRIMINAL GRAND JURY PROCEEDING. THEY WILL ATTACK THE
GOVERNMENT FOR USING THE CIVIL PROCESS TO CIRCUMVENT GRAND JURY
PROCEDURES AND FOR VIOLATING GRAND JURY SECRECY.
SO WHAT OFTEN HAPPENS, IF YOU TRY TO FILE CIVIL AND CRIMINAL
SIMULTANEOUSLY, IS THAT THE GOVERNMENT ENDS UP IN A BIG HEAP. IT IS AN
AIRPLANE CRASH, SO TO SPEAK, WITH NOTHING TO SHOW FOR IT.
MR. RINALDO. IS NOT THE CIVIL SUIT IN THIS MATTER COMPLETED?
MR. MOORMAN. AS FAR AS I KNOW, IT IS STILL UNDER WAY, THE
STATE CIVIL ACTION.
THAT DOES NOT MEAN THAT, IF EVIDENCE HAS BEEN UNCOVERED OF A GENERAL
MALFEASANCE, THAT WE WOULD NOT START A GRAND JURY INVESTIGATION. IF BOB
TEL TUFO HAS, I AM NOT PARTICULARLY AWARE OF IT. YOU WOULD HAVE TO ASK
HIM.
I WOULD ALSO SAY, IF HE HAS, HE WOULD BE RELUCTANT, AND PROPERLY SO,
TO DISCUSS THE DETAILS OF IT.
MR. RINALDO. I AM NOT INTERESTED IN THE DETAILS. WHAT I AM
INTERESTED IN AND WHAT MY CONSTITUENTS ARE INTERESTED IN IS WHETHER OR
NOT THERE IS GOING TO BE THE KIND OF INTENSIVE INVESTIGATION AND
POSSIBLE PROSECUTION OF ANYONE FOUND GUILTY OF WRONGDOING AT THAT SITE
AND IN CONNECTION WITH THE FACT THAT 48,000 DRUMS WERE ALLOWED TO PILE
UP, EXTENDING ALL THE WAY OUT TO THE SIDEWALK.
I AM EVEN GOING BEYOND THE INVOLVEMENT OF ORGANIZED CRIME. SOMEWHERE
ALONG THE LINE I WOULD ASSUME THERE SHOULD HAVE BEEN A HALT CALLED TO
THE STORAGE OF THOSE MATERIALS.
MR. MOORMAN. I THINK THIS IS GOING ON ALL OVER THE COUNTRY
MR. RINALDO. I DO NOT KNOW OF ANY OTHER SITE, AND
MR. MOORMAN. HAVE YOU HEARD OF THE VALLEY OF THE DRUMS IN KENTUCKY?
MR. RINALDO. I HAVE HEARD OF NO OTHER SITE AS VISIBLE AS THIS AND IN
AS DENSELY POPULATED AN AREA AS THE NEW YORK METROPOLITAN REGION AND AS
DANGEROUS AS THIS SITE. EVERY EXPERT HAS TESTIFIED TO THAT.
HERE IS A HEADLINE: "TOXIC EXPERTS TELL OF TIME BOMB." THEY CALLED
IT A TOXIC TIME BOMB.
I WILL REFRAME THE QUESTION.
ARE YOU IN A POSITION TO TELL US WHETHER OR NOT AN INTENSIVE CRIMINAL
INVESTIGATION IS PLANTED?
MR. MOORMAN. I HAVE ALREADY ANSWERED THAT QUESTION: NO.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
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PART 026 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110070
HEARINGS
TRANSCRIPT
HOUSE
MR. RINALDO. THEN COULD YOU SUBMIT A RESPONSE FOR THE RECORD. WE DO
NOT WANT ANY DETAILS OF ANY INVESTIGATION THAT WOULD BE CONFIDENTIAL.
BUT I DO NOT THINK THAT WE ARE VIOLATING ANY CONFIDENTIALITY WHEN WE ASK
WHETHER OR NOT AN INTENSIVE CRIMINAL INVESTIGATION BY THE DEPARTMENT OF
JUSTICS IS PLANNED AND WHEN IT IS GOING TO BE INITIATED, IF IT HAS NOT
ALREADY BEEN INITIATED. WE DO NOT NEED ANY DETAILS BEYOND THAT.
I WANT TO BE ABLE TO GIVE MY CONSTITUENTS AN ANSWER.
MR. MOORMAN. SINCE YOU ARE TALKING ABOUT MATTERS WHICH APPEAR TO BE
CONSIDERABLY OUTSIDE OF MY JURISDICTION, I CANNOT MAKE ANY PROMISES TO
YOU ABOUT THE ANSWER. BUT I WILL CERTAINLY BE WILLING TO RELAY THE
QUESTIONS TO THE U.S. ATTORNEY AND THE ASSISTANT ATTORNEY GENERAL OF THE
CRIMINAL DIVISION.
MR. RINALDO. AS A MEMBER OF THE DEPARTMENT OF JUSTICE AND AS A
REPRESENTATIVE OF THE DEPARTMENT OF JUSTICE APPEARING HERE, YOU SHOULD
BE IN A POSITION TO OBTAIN THE INFORMATION TO THE KIND OF QUESTION THAT
I PROPOUNDED.
MR. MOORMAN. I DO NOT NECESSARILY HAVE THE AUTHORITY TO GIVE YOU THE
ANSWERS CONCERNING MATTERS OF THE ANTITRUST DIVISION, CIVIL RIGHTS
DIVISION, OR THE CRIMINAL DIVISION. I WILL GIVE YOU THE ANSWERS THAT I
CAN GIVE YOU, BUT I CANNOT PROMISE TO GIVE YOU ANSWERS ABOUT MATTERS
OUTSIDE MY JURISDICTION, THE LAND AND NATURAL RESOURCES DIVISION. I
WISH I COULD, BUT I JUST CANNOT.
MR. RINALDO. WE WILL START WITH THE ANSWERS THAT YOU CAN GET. WHEN
CAN YOU GET THEM TO US?
MR. MOORMAN. IT DEPENDS ON THE QUESTION.
MR. RINALDO. I WILL REPEAT THE QUESTION AGAIN.
I WOULD LIKE SPECIFICALLY TO KNOW FOR THE RECORD WHETHER OR NOT THE
DEPARTMENT OF JUSTICE IS PLANNING TO UNDERTAKE OR HAS ALREADY INITIATED
THE KIND OF COMPREHENSIVE, INTENSIVE CRIMINAL INVESTIGATION THAT THE
SITUATION AT CHEMICAL CONTROL CORP. CALLS FOR.
THAT IS THE QUESTION.
MR. MOORMAN. I WILL GIVE YOU THIS ANSWER NOW. THE LAND AND NATURAL
RESOURCES DIVISION IN THE DEPARTMENT OF JUSTICE HAS NOT NOR DOES IT
INTEND TO AT THIS TIME.
I WILL PASS THE QUESTIONS ON THE THE ASSISTANT ATTORNEY GENERAL OF
THE CRIMINAL DIVISION AND THE U.S. ATTORNEY IN NEW JERSEY. I WILL
RESPOND TO YOU AS SOON AS I GET A RESPONSE FROM THEM.
MR. GORE. I THINK IT MIGHT BE APPROPRIATE FOR THE SUBCOMMITTEE TO
COMMUNICATE DIRECTLY WITH THE ASSISTANT ATTORNEY GENERAL FOR THE
CRIMINAL DIVISION FROM TWO ANGLES AND ASK FOR A RESPONSE TO THE SPECIFIC
QUESTION AND GET THAT AS QUICKLY AS WE CAN.
MR. RINALDO. IN THINK THAT WOULD BE FINE. BUT I WOULD ALSO LIKE MR.
MOORMAN TO PURSUE IT FROM HIS END SO THAT WE WILL THEN HAVE A
TWO-PRONGED EFFORT.
MR. MOORMAN. I WILL BE GLAD TO DO THAT.
MR. RINALDO. THANK YOU. I HAVE NO FURTHER QUESTIONS, MR. CHAIRMAN.
MR. GORE. THANK YOU.
MR. MOORMAN, I WOULD LIKE TO ENCOURAGE YOU IN YOUR EFFORTS AND IN THE
JOB THAT YOU ARE DOING AND UNDERSCORE YOUR STATEMENT THAT YOUR
INVESTIGATORY CAPACITY IS THE PRINCIPAL STUMBLING BLOCK TO BRINGING MORE
CASES. OF COURSE, WE FIND ON THIS SUBCOMMITTEE THAT THE QUALITY OF THE
INVESTIGATIVE WORK DONE DETERMINES THE RESULTS OF THE INVESTIGATORY. I
KNOW IT IS THE SAME FROM WHERE YOU SIT.
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PART 027 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110071
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
COULD YOU QUANTIFY THE MAGNITUDE OF THIS PROBLEM, THE ILLEGAL AND
UNSAFE DISPOSAL OF HAZARDOUS WASTE, FROM YOUR PERSPECTIVE? HOW BIG OF A
PROBLEM DO YOU SEE IT AS?
MR. MOORMAN. 'QUANTIFY' IS WHAT TROUBLES ME.
MR. GORE. WELL, DESCRIBE IT.
MR. MOORMAN. I BELIEVE THAT IT IS PROBABLY THE FIRST OR SECOND MOST
SERIOUS ENVIRONMENTAL PROBLEM IN THE COUNTRY. ONE OF THE DIFFICULTIES
IS THAT WE REALLY DO NOT KNOW WHAT THE DIMENSIONS OF THE PROBLEM ARE.
ESSENTIALLY, THERE IS VERY LITTLE DOWNSIDE RISK TO ANYBODY WHO ILLEGALLY
DISPOSES OF CHEMICALS IN SUCH A WAY AS TO BE HARMFUL TO THE PUBLIC
HEALTH.
WE DO NOT KNOW WHERE THE MILLIONS OF TONS OF STUFF IS GOING. WE FEEL
THAT THE THINGS THAT HAVE TURNED UP LIKE THE LOVE CANAL AND KIN-BUC
SITUATION ARE SIMPLY THE TIP OF THE ICEBERG. WE DO NOT HAVE THE
CAPACITY AT THIS TIME REALLY TO FIND OUT WHAT IS ACTUALLY HAPPENING. IN
MY VIEW, IT IS SIMPLY A WIDE-OPEN SITUATION, LIKE THE WILD WEST WAS IN
THE 1870'S, FOR TOXIC DISPOSAL.
THE PUBLIC IS BASICALLY UNPROTECTED. THERE JUST ARE NOT ANY LAWMEN
OUT THERE, STATE OR FEDERAL, POLICING THIS SUBJECT.
WE ARE TALKING ABOUT CHEMICALS, CARCINOGENS. APPARENTLY IT IS
TURNING UP IN GROUND WATER SUPPLIES AND PEOPLE'S DRINKING WATER, IN
THEIR WORK ENVIRONMENT, IN THEIR BASEMENTS.
I THINK THAT THE UNKNOWNS OF IT ARE AS TERRIFYING AS THE ACTUAL
PROBLEMS FOR PEOPLE. PEOPLE ARE GETTING TO THE POINT WHERE THEY REALLY
DO NOT KNOW WHETHER IT IS SAFE TO DRINK THE WATER THAT COMES OUT OF
THEIR TAP, AND NOBODY CAN TELL THEM.
MR. GORE. IT IS A PROVOCATIVE PHRASE: "LIKE THE WILD WEST OF THE
1870'S." A HUNDRED BILLION POUNDS A YEAR, 90 PERCENT OF IT IMPROPERLY
DUMPED.
MR. RUSSO. HOW DOES THE CHAIN REACTION START HERE? HOW WOULD YOU
GET INVOLVED IN FINDING THE SITE IN THE FIRST PLACE? DO YOU HAVE TO
WAIT FOR AN ACCIDENT TO TAKE PLACE FIRST? HOW CAN WE GO OUT AND
IDENTIFY THE PROBLEMS THAT EXIST IF WE DO NOT EVEN KNOW? WE ARE
GUESSING.
MR. MOORMAN. OFTENTIMES THAT IS RIGHT.
SOMETIMES, AN ACT OF STUPIDITY BRINGS IT TO OUR ATTENTION. AN
EXAMPLE IS THE FELLOW WHO DUMPED THE PCB'S ONTHE HIGHWAY IN NORTH
CAROLINA. RATHER THAN DUMPING IT IN ONE LOCALIZED SPOT, HE WENT DOWN
THE HIGHWAY FOR 150 MILES AND GOT OBSERVED. IF HE HAD BEEN MORE
CAREFUL, THE SITUATION MIGHT NOT HAVE TURNED UP FOR SEVERALYEARS.
SO, WHAT YOU REALLY HAVE TO DO IS BUILD A TRADITIONAL LAW
INVESTIGATIVE ORGANIZATION THAT USES THE CLASSIC TECHNIQUES FOR
IDENTIFYING THE SOURCES OF MALFEASANCE JUST LIKE THE CUSTOMS HAS ONE,
THE TREASURY DEPARTMENT HAS ONE, AND THE IRS IT IS NO SECRET THAT YOU
JUST SIMPLY HAVE TO BUILD AN ORGANIZATION WHICH LEARNS THE SOURCES,
WHICH DEVELOPS ITS INFORMANTS AND CONTACTS, WHICH LEARNS HOW TO FOLLOW
THE PAPER TRAILS, AND MAINTAINS AND DOES ALL OF THE THINGS THAT LAW
ENFORCEMENT
MR. RUSSO. NONE OF THAT IS GOING ON NOW. IS THAT WHAT YOU ARE
TELLING US?
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PART 028 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110072
HEARINGS
TRANSCRIPT
HOUSE
MR. MOORMAN. THERE HAVE TO BE ENOUGH OF THEM AND THEY HAVE TO BE
EXPERT ENOUGH. IT TAKES TIME.
MR. RUSSO. IS ANY OF THAT GOING ON RIGHT NOW?
MR. MOORMAN. IN MY OPINION, PRACTICALLY NONE.
MR. RUSSO. I WOULD SUSPECT A LOT OF MEMBERS OF CONGRESS HAVE
CHEMICAL COMPANIES IN THEIR DISTRICTS. I KNOW I HAVE ABOUT THREE OR
FOUR. I DO NOT KNOW WHETHER THEY ARE DUMPING ANYWHERE. I DO NOT KNOW
WHERE THEY ARE DUMPING. BUT I WOULD ASSUME THAT THEY ARE DOING IT
LEGALLY, WHEREVER THEY ARE DOING IT.
HOW DO WE MAKE SURE THAT THEY ARE DOING IT PROPERLY?
MR. MOORMAN. LET'S TAKE A HYPOTHETICAL PLANT. THE MANAGER OF THAT
PLANT SCRATCHES HIS HEAD ONE DAY AND DOES NOT KNOW WHAT TO DO WITH 500
DRUMS OF A BATCH OF SOMETHING OR OTHER, AND IT IS TO GOOD. SO, HE CALLS
A FRIEND AND ASKS HIM IF HE WILL GET RID OF THE STUFF FOR $30 A BARREL
OR SOMETHING LIKE THAT; NO QUESTIONS ASKED.
IT DISAPPEARS. HE SOLVED HIS PROBLEM. HE DOES NOT TELL ANYBODY.
MAYBE SOME OF THE WORKMEN THERE OBSERVE WHAT IS GOING ON.
HOW DO YOU CATCH A PERSON LIKE THAT? WELL, THERE ARE JUST THE TRIED
AND TRUE LAW ENFORCEMENT TECHNIQUES: DEVELOPING INFORMANTS; LEARNING
THROUGH THE GRAPEVINE WHERE THE PROBLEM AREAS ARE; MONITORING AND
WATCHING.
FRANKLY, I AM NOT AN INVESTIGATOR. I NEVER WORKED FOR THE FBI OR ANY
OTHER LAW ENFORCEMENT AGENCY. BUT THE TECHNIQUES ARE GENERALLY
UNDERSTOOD, AND THE SAME ONES HAVE TO BE APPLIED HERE.
MR. RUSSO. WHAT SCARES ME ABOUT HAZARDOUS WASTE AND TOXIC WASTE IS
THAT WE REALLY DO NOT KNOW THE LONG-TERM EFFECT OF IT. WE MAY NOT KNOW
UNTIL 25 YEARS FROM NOW. WHILE WE ARE BUILDING UP THIS -- JUST TAKING A
SNIFF OF THIS SAMPLE WATER I HAVE HERE. IF YOU REALLY CANNOT GATHER THE
SMELL BUT IT IS IN THE WATER AND YOU ARE STILL DRINKING IT, YOU MAY FIND
OUT THAT 5 YEARS DOWN THE ROAD YOU HAVE ENOUGH OF THAT IN YOU, AND YOUR
BODY HAS NOT DISCHARGED IT TO CAUSE A TREMENDOUS AMOUNT OF PROBLEMS.
WE ARE FINDING TODAY THAT MANY INDIVIDUALS
MR. MOORMAN. ANOTHER THING BEING DONE BESIDES INVESTIGATING, OF
COURSE, IS WE NEED MORE GENERAL MONITORING SO PEOPLE KNOW WHERE THE
PROBLEMS ARE.
MR. RUSSO. DO YOU THINK EPA IS DOING ITS JOB IN THAT AREA, OR DOES
IT NEED HELP?
MR. MOORMAN. EPA HAS A LOT OF HARD-WORKING, DEDICATED PEOPLE WHO ARE
DOING THE JOB THAT CONGRESS TOLD THEM TO DO. IN THIS AREA THEY ARE
ATTEMPTING, AS I UNDERSTAND IT, TO GET MORE RESOURCES TO DEAL WITH THIS
PROBLEM; AND THAT IS UNDER DISCUSSION NOW. THEY WOULD NOT HAVE ASKED
FOR THOSE RESOURCES IF THEY THOUGHT THEY HAD ENOUGH.
I THINK THE GENERAL CONSENSUS OF EVERYBODY IS THAT NOBODY -- EPA, THE
STATES, JUSTICE, OR ANYBODY -- IS DOING NEARLY ENOUGH TO DEAL IN THIS
AREA.
MR. RUSSO. IT IS A POTENTIAL MAJOR PROBLEM THAT THIS COUNTRY FACES.
MR. MOORMAN. IT IS HARD TO THINK OF A MORE SERIOUS PROBLEM, IN MY
VIEW.
I WANT TO THANK THE COMMITTEE, BY THE WAY, FOR ITS INVESTIGATION IN
THIS AREA. I THINK YOU ARE GOIND AN ENORMOUS PUBLIC SERVICE AND WILL BE
LONG REMEMBERED FOR IT.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
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HAZARDOUS WASTE DISPOSAL
PART 029 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110073
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
MR. GORE. WE APPRECIATE YOUR COMMENTS.
WITH REGARD TO YOUR HYPOTHETICAL COMPANY WITH THE MANAGER GETTING RID
OF DRUMS FOR $30 A BARREL, SUPPOSE AN EMPLOYEE OF THAT COMPANY OR AN
EMPLOYEE OF THE COMPANY TAKING IT AWAY HAPPENED TO NOTICE ON THE LABEL
THAT IT WAS A HAZARDOUS CHEMICAL AND THAT IT WAS DISPOSED OF IMPROPERLY
AND SO FORTH? IT SEEMS TO ME THAT RCRA COULD BE AMENDED TO AFFORD
SPECIAL PROTECTION FOR SOMEONE WHO SERVED AS A WHISTLE BLOWER WITHIN A
PRIVATE COMPANY. WE DO THAT NOW WITH TSCA.
WOULD YOU AGREE WITH THAT, EXPANDING THE TSCA SECTION 23 TO APPLY TO
RCRA?
MR. MOORMAN. I CONFESS THAT I HAVE NOT GIVEN IT A LOT OF THOUGHT. I
GENERALLY FAVOR THE CONCEPT, WHICH IS THAT PEOPLE WHO PROVIDE THE
GOVERNMENT WITH EVIDENCE SHOULD BE PROTECTED IN THEIR JOBS BEYOND THE
TRADITIONAL PROTECTION GIVEN AGAINST ATTEMPTS TO OBSTRUCT JUSTICE.
THERE IS A HUMAN NATURE PROBLEM HERE, HOWEVER. ONCE YOU HAVE
EMBARRASSED YOUR SUPERIORS, THERE IS ALMOST NOTHING YOU CAN DO TO MAKE
THE WORK ENVIRONMENT PALATABLE FOR THAT PERSON IN THAT SITUATION. I DO
NOT KNOW EXACTLY WHAT THE ANSWER TO THAT IS.
I GUESS WHAT I AM SAYING IS THAT ANYBODY WHO PROVIDES EVIDENCE IS
ALWAYS TAKING A CHANCE. I THINK WE SHOULD STRENGTHEN TO THE GREATEST
DEGREE POSSIBLE THE PROTECTIONS FOR HIM. BUT, IN THE FINAL ANALYSIS, WE
ARE GOING TO HAVE TO DEPEND TO A LARGE EXTENT ON PUBLIC-SPIRITED
ATTITUDES AND THE ABILITY TO TAKE SOME CHANCES TO HELP US. WE WILL
NEVER BE ABLE TO ELIMINATE ALL OF THE RISKS. I THINK WE SHOULD DO THE
BEST WE CAN BUT CONTINUE TO RECOGNIZE THAT STILL THESE PEOPLE ARE GOING
TO BE SUBJECTED TO HARASSMENT, SUBTLE HARASSMENT.
MR. GORE. THIS SUBCOMMITTEE, ON MORE THAN ONE OCCASION, HAS HAD THE
OPPORTUNITY TO EXPLORE THOSE SPECIFIC KINDS OF PROBLEMS.
GETTING TO THE INVESTIGATORY CAPACITY AGAIN, IS EPA MOVING IN THE
DIRECTION OF ESTABLISHING OR UPGRADING ITS ABILITY TO INVESTIGATE
VIOLATIONS?
MR. MOORMAN. EPA HAS DONE A NUMBER OF THINGS LATELY TO IMPROVE ITS
ACTION IN THIS AREA. THE TWO THINGS WHICH COME TO MIND MOST WERE REALLY
INITIATED BY DEPUTY ADMINISTRATOR BLUM, WHO IS TAKING A VERY ACTIVE
INTEREST IN THIS. SHE HAS ASSIGNED ONE OF THE REGIONAL PEOPLE TO
ORGANIZE EPA ENFORCEMENT IN THIS AREA, SPECIFICALLY IN THIS AREA.
INDEED, I PARTICIPATED IN A WORKING CONFERENCE IN DENVER OF PEOPLE FROM
ALL THE REGIONS ON THIS ONLY A COPULE OF WEEKS AGO.
SECOND, THEY HAVE PREPARED AND ARE IN THE PROCESS OF DISCUSSIONS WITH
OMB AND THE WHITE HOUSE, A REQUEST FOR ADDITIONAL RESOURCES TO WORK ON
THIS PROBLEM. THE ADMINISTRATION IS ACTIVELY CONSIDERING DIFFERENT
OPTIONS RIGHT NOW.
THE WHOLE ATMOSPHERE AND MOOD AT EPA, I BELIEVE, IS A VERY POSITIVE
ONE AT THIS POINT.
MR. GORE. DO YOU INTEND TO USE THE FBI AT ALL?
MR. MOORMAN. I HAVE MADE A REQUEST TO ATTORNEY GENERAL BELL AND
COMMUNICATED WITH HIM ABOUT USING THE FBI WITH REGARD TO CERTAIN VERY
DIFFICULT CRIMINAL INVESTIGATIONS. HE HAS RESPONDED TO ME POSITIVELY
AND HE HAS
MR. GORE. IN THE HAZARDOUS WASTE AREA?
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
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MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
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770615
HAZARDOUS WASTE DISPOSAL
PART 030 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110074
HEARINGS
TRANSCRIPT
HOUSE
MR. MOORMAN. YES, IN THE HAZARDOUS WASTE AREA.
HE HAS REQUESTED DEPUTY ATTORNEY GENERAL CIVILETTE TO STAFF OUT THE
PROPOSAL SO IT CAN BE REVIEWED TO DETERMINE ITS FEASIBILITY AND
PRACTICALITY. THERE HAS NOT BEEN A FINAL DECISION MADE ON IT YET, BUT I
AM VERY OPTIMISTIC IN THAT REGARD, ESPECIALLY BECAUSE OF THE ATTORNEY
GENERAL'S ENTHUSIASM.
MR. GORE. AS ONE MEMBER OF THIS SUBCOMMITTEE, I WOULD CERTAINLY
ENCOURAGE THE ATTORNEY GENERAL IN THE STRONGEST POSSIBLE TERMS TO MAKE
FBI AGENTS AVAILABLE FOR USE IN THESE INVESTIGATIONS. WHEN WE TALK
ABOUT INVESTIGATORY CAPABILITY, WE THINK NATURALLY OF THE EXISTING
CAPACITY. AND THE FBI IS CAPABLE OF DOING THIS WORK. THE THREAT IS SO
GREAT THAT IT OUGHT TO BE MADE AVAILABLE, IT SEEMS TO ME.
HOW SOON DO YOU THINK THERE WILL BE A DECISION WITHIN THE DEPARTMENT
OF JUSTICE ON THIS QUESTION?
MR. MOORMAN. I THINK IT WILL BE PROMPTLY.
MR. GORE. WHAT DO YOU THINK OF THE PROPOSAL THAT THE FEDERAL
GOVERNMENT PROVIDE STATE ATTORNEYS GENERAL WITH FUNDS TO PURSUE
HAZARDOUS WASTE ENFORCEMENT CASES?
MR. MOORMAN. I WOULD HAVE TO MAKE A COMMENT BEFOREHAND. I TAKE IT
THE ATTORNEY GENERAL OF MICHIGAN IS HAVING TROUBLE GETTING FUNDS FROM
HIS OWN LEGISLATURE.
MR. GORE. YES.
MR. MOORMAN. I DO NOT KNOW WHETHER HE HAS MADE ANY REQUEST OF LEAA
FOR FUNDS IN THIS AREA, NOR DO I KNOW WHETHER OR NOT UNDER ITS PRESENT
CHARTER AND PRESENT REGULATIONS LEAA WOULD USE FUNDS FOR THIS PURPOSE.
I BELIEVE, THOUGH, THAT, AS AN IDEA, IT CERTAINLY WOULD BE APPROPRIATE
TO EXPLORE WHETHER OR NOT SOME PORTION OF LEAA FUNDS SHOULD BE MADE
AVAILABLE FOR STATE ATTORNEYS GENERAL IN THIS AREA.
MY INITIAL REACTION TO IT IS SOMEWHAT FAVORABLE, FRANKLY. BUT I
REALLY HAVE TO TELL YOU I HAVE NOT GIVEN IT ONE THOUGHT BEFORE I WALKED
INTO THIS COMMITTEE ROOM TODAY. THERE MAY BE SOME DISADVANTAGES TO IT.
MR. GORE. THERE ARE SOME DISADVANTAGES, I MIGHT SAY PARENTHETICALLY.
WHEN YOU HAVE A CUMULATIVE SURPLUS IN THE STATE GOVERNMENT BUDGETS OF
$25 BILLION AND A DEFICIT IN THE FEDERAL BUDGET OF ABOUT THAT AMOUNT, A
LITTLE BIT LARGER THAN THAT
MR. MOORMAN. I DO HOPE THAT, WHEN THE CONGRESS PASSES OUT THAT
MONEY, IT LOOKS TO ITS OWN ATTORNEY GENERAL FIRST.
MR. GORE. WHAT IS YOUR POLICY WITH REGARD TO ONGOING STATE
ENFORCEMENT ACTIONS? DO YOU DEFER TO A STATE ENFORCEMENT ACTION?
MR. MOORMAN. WELL, WE DO. THAT HAS BEEN THE SITUATION WITH REGARD
TO THIS CHEMICAL CONTROL CORP. SITUATION.
MR. GORE. YOU DO DEFER TO A STATE ENFORCEMENT ACTION?
MR. MOORMAN. LET ME PUT IT THIS WAY. GENERALLY SPEAKING, EPA DEFERS
TO THE STATE ENFORCEMENT ACTION. THAT DOES NOT MEAN THAT WE DO NOT
BRING A LOT OF ENFORCEMENT ACTIONS.
I PERSONALLY BELIEVE THAT, IN THE AREA OF TOXIC AND HAZARDOUS WASTE,
THERE SHOULD BE SOMEWHAT LESS DEFERRAL TO THE STATES THAN THERE HAS BEEN
IN THE CLASSIC AIR AND WATER POLLUTION CONTROL AREA. THE REASON FOR
THAT IS BECAUSE WE KNOW NOW THAT A SIGNIFICANT NUMBER OF STATES REALLY
ARE NOT GOING TO DO A WHOLE LOT, AND THERE REASON FOR US TO WAIT AROUND
FOR A FEW YEARS FOR THEM TO PROVE IT TO US.
TESTIMONY OF MOORMAN JW ACCOMPANIED OBERLY K AND ZAELKE D
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MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF JUSTICE AND THE ENVIRONMENTAL PROTECTION AGENCY
770613
770615
HAZARDOUS WASTE DISPOSAL
PART 031 OF 32
MOORMAN J W ASSISTANT ATTORNEY GENERAL
OBERLY K SPECIAL ASSISTANT TO THE ASSISTANT ATTORNEY GENERAL
ZAELKE D ATTORNEY
BELL G B ATTORNEY GENERAL
COSTLE D M ADMINISTRATOR
LAND AND NATURAL RESOURCES DIVISION DEPARTMENT OF JUSTICE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
U.S. HOUSE OF REPRESENTATIVES WASHINGTON DC 20515
ENVIRONMENTAL PROTECTION AGENCY
110075
HEARINGS
TRANSCRIPT
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
IT SEEMS TO ME THAT WE NEED A HEALTHY COMPETITION IN THIS AREA AND
THAT THE FEDERAL GOVERNMENT SHOULD PROVIDE A MODEL FOR THE STATE OF
STRONG ENFORCEMENT. I BELIEVE, THOUGHT, THAT OUR ULTIMATE GOAL SHOULD
BE FOR THE STATES TO DO THE BULK OF THE ENFORCEMENT WORK.
I THINK THAT WE SHOULD NOT WAIT AROUND TO SEE IF THEY ARE GOING TO DO
IT. I THINK WE SHOULD GET STARTED NOW. WHERE WE COME TO THE CONCLUSION
THAT A STATE REALLY IS VIGOROUS, PERHAPS WE SHOULD NOT BE SO ACTIVE
THERE AND CONCENTRATE OUR FORCES IN THE STATES WHERE THERE IS NOT REALLY
THE SAME INTEREST.
MR. GORE. YOU REFERRED IN YOUR PREPARED TESTIMONY TO GENERAL
CRIMINAL STATUTUES, AND YOU APPENDED A LIST. ARE YOU PREPARED TO USE
THESE STATUTES? OR ARE YOU GOING TO PROCEED PRIMARILY UNDER THE EPA'S
CIVIL AUTHORITY?
MR. MOORMAN. I THINK THE BULK OF THE CASES WILL BE CIVIL. THE
REASONS FOR THAT ARE SEVERAL. THE REMEDIES ARE MUCH MORE FLEXIBLE. FOR
EXAMPLE, THE INJUCTIVE RELIEF THAT YOU CAN GET ORDERING THE MALFEASOR TO
TAKE REMEDIAL ACTION IS MUCH MORE USEFUL IN MANY SITUATIONS WHERE YOU
HAVE A SERIOUS ONGOING PROBLEM.
SECOND, OF COURST, THE BURDEN OF PROOF IS CONSIDERABLY EASIER. YOUR
DISCOVERY OPPORTUNITIES ARE GREATER.
SO, IN MANY SITUATIONS IT WOULD SEEM TO ME WE HAVE GOT SERIOUS
PROBLEMS ENDANGERING PUBLIC HEALTH. IN A SENSE, YOU DO NOT HAVE THE
LUXURY TO GO THE CRIMINAL ROUTE. YOU HAVE TO GET IN THERE AND GET
INJUNCTIVE RELIEF RIGHT AWAY.
I DO THINK, THOUGH, THAT WITH A CERTAIN CLASS OF PEOPLE WE ARE ALMOST
CERTAINLY GOING TO HAVE TO USE THE CRIMINAL ROUTE. I AM TALKING ABOUT
THE SURREPTITIOUS DUMPERS, THE PEOPLE WHO, IF NOT FROM ORGANIZED CRIME
CLASSICALLY, HAVE SOME OF THEIR CHARACTERISTICS. IT IS OBVIOUSLY FUTILE
FOR US TO GO AFTER THEM IN A CIVIL CAPACITY. THEY REALLY HAVE TO BE
INDICTED AND PUT IN JAIL.
I ALSO THINK THAT A CERTAIN NUMBER OF THE WORST OFFENDERS FROM THE
CORPORATE WORLD SHOULD FEEL THE BITE OF THE CRIMINAL PENALTY.
I THINK, AS A GENERALITY, THE CORPORATE WORLD WILL BEST RESPOND TO
CIVIL SUIT. BUT I THINK WE MUST USE BOTH.
MR. GORE. WILL YOU BE VIGOROUSLY PURSUING REIMBURSEMENT FOR CLEANUP
AND DAMAGES EVEN THOUGH THE SO-CALLED SUPERFUND MONEYS MAY INITIALLY BE
USED TO ABATE AND ALLEVIATE AN IMMEDIATE THREAT?
MR. MOORMAN. IF REQUESTED TO DO SO BY EPA AND THE OTHER AGENCIES
THATPROVIDE THE FUNDS.
MR. GORE. BUT ONLY IF REQUESTED TO DO SO?
MR. MOORMAN. I DO NOT HAVE ANY AUTHORITY TO DO IT ON MY OWN, REALLY.
MR. GORE. IS IT YOUR FEELING THAT ANY SUPERFUND CONCEPT CAN BE A
SUBSTITUTE FOR ENFORCEMENT LITIGATION AGAINST PERSONS OR COMPANIES WHOSE
PRACTICES HAVE RESULTED IN DAMAGE TO THE PUBLIC HEALTH OR ENVIRONMENT?
MR. MOORMAN. I WOULD OPPOSE A SUPERFUND THAT WAS BASED ON THE NOTION
THAT IT WAS A SUBSTITUTE FOR ENFORCEMENT. IT IS NOT MY UNDERSTANDING
THAT THAT IS THE IDEA. THERE MAY BE SOME THINGS THAT HAVE TO BE
EXAMINED VERY CAREFULLY TO MAKE SURE THAT THEY DO NOT IMPEDE
ENFORCEMENT.
MR. GORE. WE WOULD LIKE TO THANK YOU FOR YOUR APPEARANCE HERE TODAY.
WE HAVE A VOTE ON T HE FLOOR. THE COMMITTEE WILL RECESS FOR A FEW
MINUTES.
THANK YOU FOR YOUR TESTIMONY.
RECESS TAKEN.
MR. GORE. THE SUBCOMMITTEE WILL COME TO ORDER.
WE CALL AS OUR NEXT WITNESS JOHN F. SHEA III, ASSISTANT ATTORNEY
GENERAL WITH THE STATE OF NEW YORK.
MR. SHEA, WOULD YOU RAISE YOUR RIGHT HAND AND BE SWORN PLEASE?
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
TRUTH, SO HELP YOU GOD?
MR. SHEA. I DO.
MR. GORE. THANK YOU VERY MUCH.
WOULD YOU IDENTIFY YOURSELF TO THE REPORTER FOR PURPOSES OF THE
RECORD.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
790523
PART 001 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110077
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
MR. SHEA. I AM JOHN F. SHEA, ASSISTANT ATTORNEY GENERAL, THE STATE
OF NEW YORK.
MR. GORE. MR. SHEA, I WOULD LIKE TO APOLOGIZE TO YOU FOR THE DELAY
IN HEARING YOUR TESTIMONY. IT WAS UNAVOIDABLE. YOUR ENTIRE STATEMENT
WILL BE INCLUDED IN THE RECORD. PLEASE PROCEED TO PRESENT ANY OR ALL OF
IT AS YOU SEE IT.
MR. SHEA. THANK YOU, MR. GORE.
I WOULD LIKE FIRST TO TANK THE SUBCOMMITTEE AND THE SUBCOMMITTEE
STAFF FOR THE ASSISTANCE YOU HAVE GIVEN OUR OFFICE IN RECENT WEEKS AND
THE DOCUMENTS THAT YOU HAVE GIVEN US. THEY HAVE BEEN MOST HELPFUL. OUR
ENGINEERING STAFF HAS BEEN GOING THROUGH THE DOCUMENTS, AND THEY HAVE
PROVEN TO BE MOST USEFUL IN DIRECTING OUR INVESTIGATION OF THE HAZARDOUS
WASTE SITUATION IN NEW YORK.
THE SCOPE OF THE SITUATION IN NEW YORK IS QUITE SERIOUS. I DO NOT
KNOW WHETHER YOU ARE AWARE -- I AM SURE MR. LENT IS -- THE STATE OF NEW
YORK ISSUED A DRAFT INTERAGENCY TASK FORCE REPORT IN APRIL WHICH TOOK A
LOOK AT JUST TWO COUNTIES IN THE STATE OF NEW YORK. IN THOSE TWO
COUNTIES WE FOUND 215 HAZARDOUS WASTE DUMP SITES; 126 OF THOSE ARE
INACTIVE. A FURTHER SEARCH AROUND THE STATE HAS SHOWN THERE TO BE A
TOTAL OF AT LEAST 500 SITES. OVER 50 OF THEM POSE AN IMMINENT THREAT TO
THE PUBLIC HEALTH.
THE INTERESTING THING ABOUT THE STUDY SO FAR IS THAT THESE FIGURES
HAVE BEEN DEVELOPED STRICTLY ON THE BASIS OF INFORMATION VOLUNTEERED BY
THE COMPANIES INVOLVED AND HEARSAY, WITHOUT THE POWER OS SUBPOENA. IN
OTHER WORDS, NONE OF THIS INFORMATION HAS BEEN PROVIDED UNDER PENALTY OF
PERJURY. WE BELIEVE THAT AN INVESTIGATION USING SUBPOENA POWER WOULD
DEMONSTRATE THAT THE SITUATION IS EVEN MORE SEVERE.
THIS YEAR, AFTER THE INTERAGENCY TASK FORCE REPORT WAS ISSUED,
GOVERNOR CAREY ASKED THE ATTORNEY GENERAL TO INVESTIGATE THE STATE'S
LEGAL REMEDIES IN THIS AREA AGAINST THE OWNERS AND OPERATORS OF DUMP
SITES. WE HAVE PROVIDED THE SUBCOMMITTEE WITH A COPY OF THE GOVERNOR'S
LETTER TO THE ATTORNEY GENERAL.
AFTER STUDY AND DEVELOPMENT OF CERTAIN TECHNICAL DATA AND LEGAL
MATERIALS, THE ATTORNEY GENERAL RESPONDED TO THE GOVERNOR AND INFORMED
THE GOVERNOR THAT THERE WERE REMEDIES AVAILABLE AGAINST THE OPERATORS OF
THESE SITES.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
790523
PART 002 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110078
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
ON PAGE 3 OF MY PREPARED STATEMENT I GO INTO DETAIL AS TO SOME OF
THOSE POTENTIAL CAUSES OF ACTION.
THE ATTORNEY GENERAL, IN THAT SAME LETTER, ALSO REQUESTED SUBPOENA
POWER UNDER THE NEW YORK STATE EXECUTIVE LAW, SECTION 63(8), WHICH IS A
SPECIAL INVESTIGATIONS STATUTE. THIS SUBPOENA POWER, WE BELIEVE, OR
SOME SUBSTITUTE FOR IT, IS CRITICAL TO A SUCCESSFUL ATTACK ON THE
HAZARDOUS WASTE PROBLEM IN THE STATE OF NEW YORK.
BECAUSE OF THE NATURE OF THE INVESTIGATIONS THAT ARE ONGOING NOW AND
THE POTENTIAL FOR LITIGATION, IT IS IMPOSSIBLE FOR ME TO COMMENT ON
SPECIFIC APPROACHES THAT MAY BE TAKEN TO PARTICULAR SITES.
PRESENTLY, NO STATE AGENCY, INCLUDING MY OFFICE, THE ATTORNEY
GENERAL'S OFFICE, IS ADEQUATELY STAFFED OR FUNDED TO SUPPORT THE ATTACK
ON THE HAZARDOUS WASTE SITUATION IN NEW YORK. IT IS IMPOSSIBLE FOR US
TO PUT TOGETHER THE LITIGATION TEAMS THAT WILL BE NECESSARY TO SUCCEED
IN GOING AFTER THE OPERATORS OF CERTAIN SITES.
A STAFF HAS TO BE DEVOTED TO THIS EFFORT ON A FULL-TIME BASIS. WE
CANNOT PULL IN SCIENTISTS FROM VARIOUS STATE AGENCIES TO WORK PART TIME
ON THE HAZARDOUS WASTE PROBLEM IN TERMS OF INVESTIGATION DIRECTED TOWARD
LITIGATION. TO DO SO WOULD BE A FUTILE EFFORT. THESE PEOPLE CANNOT BE
EXPECTED TO JUGGLE PERMIT APPLICATIONS, RULE MAKING PROCEEDINGS, AND
SIMULTANEOUSLY FOCUS IN ON THE VERY HIGH-POWERED LITIGATION THAT WILL
COME INTO PLAY HERE.
WE KNOW THAT THE CHEMICAL INDUSTRY IS PREPARING NOW TO OPPOSE SUCH
LITIGATION. WE KNOW THAT THERE IS A COOPERATIVE EFFORT AMONG THE
CHEMICAL INDUSTRY NATIONWIDE TO OPPOSE SUCH LITIGATION. THEY WILL USE
THE VERY BEST TALENT, BOTH LEGAL AND SCIENTIFIC. THE STATE OF NEW YORK
CANNOT EXPECT TO WIN UNLESS IT DOES THE SAME.
IN TERMS OF THE TASK FORCE THAT WE WOULD LIKE TO SEE PUT TOGETHER, WE
NEED FULL-TIME EPIDEMIOLOGISTS, TOXICOLOGISTS, CHEMISTS, GEOLOGISTS, AND
ENGINEERS.
ON PAGE 5 OF THE PREPARED STATEMENT THAT I HAVE SUBMITTED TODAY IS
OUR PROPOSED BUDGET, WHICH I BELIEVE IS EXTREMELY MODEST AND IS
ESSENTIAL JUST TO GET SUCH A TASK FORCE OFF THE GROUND.
TODAY THE GOVERNOR'S STAFF WILL MEET WITH OUR OFFICE TO DISCUSS THIS
REQUEST FOR INVESTIGATIVE POWERS AND FUNDING. THE ATTORNEY GENERAL IS
VERY CONCERNED THAT STATE RESOURCES, BEING AS LIMITED AS THEY NOW ARE,
WILL NOT BE ALLOCATED TO THIS PROJECT. THIS IS A VERY REAL POSSIBILITY.
IT WOULD BE A TRAGEDY IF SUCH A TASK FORCE IS NOT PUT TOGETHER.
IN THIS REGARD, I WOULD LIKE TO REITERATE THE REMARKS OF ATTORNEY
GENERAL KELLEY THIS MORNING. OUR OFFICE SEES NO REASON WHY EPA COULD
NOT CONSIDER FUNDING THE STATES. THE STATES ARE PROBABLY THE BEST
POLICEMAN THAT THE FEDERAL GOVERNMENT COULD HAVE IN THIS REGARD.
ADMITTEDLY, SOME STATES ARE LESS ACTIVE IN THE ENVIRONMENTAL FIELD THAN
OTHERS. BUT, OBVIOUSLY, A STATE SUCH AS NEW YORK, WHICH IS RIDDLED WITH
THESE HAZARDOUS WASTE SITES, WOULD VIGOROUSLY PURSUE ACTION IF FUNDED.
ONE OF THE PROBLEMS THAT WE SEE IN THIS AREA IN TERMS OF FUTURE
ACTIVITY IS THAT THERE IS NO INCENTIVE TO INDUSTRY TO TAKE THE PROPER
MONITORING AND MAINTENANCE MEASURES NECESSARY AT THESE VARIOUS SITES.
ULTIMATELY, WE HAVE TO TURN AWAY FROM THE TECHNOLOGIES WE ARE USING NOW
AND DIRECT OUR EFFORTS TOWARD PERMANENT WASTE DESTRUCTION, NOT SIMPLY
WASTE RETENTION AND BURIAL.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
790523
PART 003 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110079
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
THE STATE OF NEW YORK INDUSTRIAL HAZARDOUS WASTE MANAGEMENT ACT OF
1978 WAS AN ATTEMPT TO ADDRESS THIS PROBLEM. IT WAS A DECENT ATTEMPT.
UNFORTUNATELY, THE PROBLEM IS A NATIONAL ONE, AND WE RECOGNIZED THAT.
AND WE PLUGGED THE ACT INTO THE U.S. EPA REGULATIONS UNDER RCRA. THIS
WAS A BIG MISTAKE.
THE ATTORNEY GENERAL'S OFFICE RECENTLY FILED 100 PAGES OF COMMENTS ON
THE U.S. EPA'S PROPOSED REGULATIONS. THE TWO MAJOR FLAWS IN THOSE
REGULATIONS ARE THAT THE STANDARDS FOR LANDFILLS WOULD ALLOW MIGRATION
OF CHEMICALS TO OCCUR AFTER ONLY 50 YEARS, WHICH IS MERELY A FRACTION OF
THE PERIOD OF TOXICITY FOR THESE MATERIALS. SECOND, THE OPERATORS OF
DUMP SITES WOULD BE REQUIRED TO CARE FOR THE SITES FOR ONLY 20 YEARS
AFTER THE DUMPS ARE CLOSED. LOVE CANAL HAS PROVEN THAT TO BE FAR TOO
SHORT A TIME. WHAT THIS MEANS IS THAT EPA'S REGULATIONS WILL PERMIT
FUTURE LOVE CANALS.
I MIGHT INTERJECT SOMETHING HERE. WHAT IS BAFFLING TO US IS THE
EPA'S ROLE IN THIS AREA. I WAS INFORMED BY PEOPLE FROM THE STATE OF
ILLINOIS, AND IT WAS CONFIRMED THIS MORNING BY PEOPLE FROM THE FEDERAL
GOVERNMENT, THAT EPA INTERVENED IN THE STATE OF ILLINOIS SUIT AGAINST
EARTHLINE, WHICH IS UP ON APPEAL. THEY DID NOT INTERVENE ON BEHALF OF
THE STATE OF ILLINOIS, WHICH HAD WON THE SUIT BELOW. THEY INTERVENED ON
BEHALF OF EARTHLINE. I REALLY CANNOT UNDERSTAND THAT APPROACH.
BUT TO RETURN TO MY TRAIN OF THOUGHT, THE ATTORNEY GENERAL IN THE
STATE OF NEW YORK WILL PRESS FOR THE DEVELOPMENT OF WASTE DESTRUCTION
AND NEUTRALIZATION TECHNOLOGIES WHICH MUST BE USED TO REPLACE WASTE
BURIAL.
I HAVE A FEW OTHER COMMENTS ON VARIOUS ISSUES WHICH THE SUBCOMMITTEE
STAFF HAD SPOKEN TO US ABOUT IN TELEPHONE CONVERSATIONS.
WE BELIEVE THAT LOCAL GOVERNMENTAL BODIES SHOULD NOT BE EXPECTED BY
THE FEDERAL GOVERNMENT TO HANDLE EMERGENCY SITUATIONS; AT BEST, THEY
SHOULD BE EXPECTED TO CARRY OUT FIRST-AID PROCEDURES IN AN EMERGENCY
WITH FEDERAL BACKUP.
ONE OF THE MOST IMPORTANT THINGS WE HAVE TO DO IN NEW YORK IS TO
FINALIZE OUR INVENTORY OF THE HAZARDOUS WASTE SITES WE HAVE. AS I SAID,
THIS IS A MAMMOTH EFFORT. WE NEED SUBPOENA POWER TO REALLY TAKE CARE OF
THIS SITUATION AND TO FOLLOW THE PAPER TRAILS WHICH MR. MOORMAN REFERRED
TO BEFORE SO THAT WE CAN REALLY PIN DOWN WHERE ALL THESE TIME BOMBS ARE
AND TAKE CARE OF THEM BEFORE WE HAVE PUBLIC INJURY.
IT IS EXTREMELY IMPORTANT THAT WE HAVE SUCH A STATEWIDE INVENTORY.
AGAIN, I THINK THAT THIS IS SOMETHING THAT THE FEDERAL GOVERNMENT SHOULD
CONSIDER FUNDING.
ANOTHER THING THE FEDERAL GOVERNMENT SHOULD CONSIDER DOING IS TAKING
RESPONSIBILITY FOR WASTE DESTRUCTION, SIMILAR RESPONSIBILITY IT ALREADY
IS TAKING WITH RESPECT TO RADIOACTIVE WASTE MANAGEMENT.
IN THE INTERIM, BEFORE WE DO HAVE WASTE DESTRUCTION FACILITIES IN
PLACE, ATTORNEY GENERAL ABRAMS SUPPORTS BOTH A MORATORIUM ON PERMANENT
BURIAL AND A REQUIREMENT FOR THE STORAGE OF SUCH WASTES IN A SAFE,
RETRIEVABLE MANNER UNTIL WASTE DESTRUCTION FACILITIES ARE OPERABLE.
LAST, I WOULD LIKE TO BRIEFLY COMMENT ON SOME OF THE LEGISLATIVE
PROPOSALS THAT HAVE BEEN SENT TO THE INTERSTATE AND FOREIGN COMMERCE
COMMITTEE. I AM NOT EXACTLY SURE WHAT YOUR INPUT WILL BE ON THESE
PROPOSALS, BUT THERE ARE THREE MAJOR PRINCIPLES WHICH ATTORNEY GENERAL
HOPES ARE CARRIES OUT IN WHATEVER FEDERAL LEGISLATION IS ENACTED.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
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HAZARDOUS WASTE DISPOSAL
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SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110080
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
THERE IS A DEFINITE NEED TO ESTABLISH A FUND FOR THIRD-PARTY DAMAGES.
THERE ARE MORE THAN 900 PEOPLE IN THE BUFFALO AREA WHO ARE GOING TO
HAVE TO RESORT -- THESE VICTIMS OF THE WASTE DISPOSAL ACTIVITIES UP IN
THAT AREA -- TO A PROTRACTED LEGAL BATTLE IN ORDER TO MAKE THEMSELVES
WHOLE. THAT IS WRONG. WE SHOULD BE ABLE TO MAKE THE INJURED WHOLE, AT
LEAST THROUGH SOME TYPE OF FINANCIAL MECHANISM, WITHOUT TREMENDOUS WASTE
OF TIME. SUCH A FUND SHOULD BE TREATED FROM FEES PAID BY FIRST USERS OR
RECIPIENTS OF MATERIALS.
WHATEVER LEGISLATION THE FEDERAL GOVERNMENT ENACTS SHOULD NOT HAMPER
WITH THE STATES ABILITY TO SET STRICTER LIABILITY STANDARDS OR THE
STATES ABILITY TO LEVY FEES TO CREATE THEIR OWN FUNDS FOR THE
COMPENSATION OF VICTIMS OF HAZARDOUS WASTE PROBLEM.
IF THERE ARE ANY QUESTIONS, I WOULD BE GLAD TO RESPOND, MR. CHAIRMAN.
(TESTIMONY RESUMES ON P.767.)
(MR. SHEA'S PREPARED STATEMENT FOLLOWS:)
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
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SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110081
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
TITLE PAGE OMITTED
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
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SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110082
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
MR. CHAIRMAN, MEMBERS OF THE SUBCOMMITTEE AND COMMITTEE STAFF, I WANT
TO THANK YOU FOR THIS OPPORTUNITY TO ADDRESS SOME OF THE LEGAL ISSUES ON
HAZARDOUS WASTE DISPOSAL WHICH ARE OF CONCERN TO ATTORNEY GENERAL
ABRAMS. ALSO I WANT TO THANK THE SUBCOMMITTEE AND ITS SPLENDID STAFF
FOR THE INVALUABLE ASSISTANCE AND INFORMATION YOU HAVE GIVEN THE
ATTORNEY GENERAL'S OFFICE IN RECENT WEEKS IN CERTAIN ASPECTS OF THESE
PROBLEMS.
AS YOU MAY KNOW, ON APRIL 5, 1979 THE STATE OF NEW YORK ISSUED THE
DRAFT REPORT OF THE INTERAGENCY TASK FORCE ON HAZARDOUS WASTE. THE
REPORT IS THE PRODUCT OF AN INVESTIGATION OF DISPOSAL SITES IN ONLY TWO
OF NEW YORK'S 62 COUNTIES, ERIE AND NIAGARA. THE TASK FORCE IDENTIFIED
215 DISPOSAL SITES, 109 IN ERIE COUNTY AND 106 IN NIAGARA. OF THESE 78
ARE ACTIVE SITES AND 126 ARE INACTIVE. THE PRESENT STATUS OF 11 SITES
IS UNKNOWN. VERY LARGE QUANTITIES OF HAZARDOUS WASTES DEFINITELY HAVE
BEEN DISPOSED OF AT 36 OF THESE DUMPS. AS TO THESE SITES THE TASK FORCE
RECOMMENDED THAT LITIGATION BE CONSIDERED TO ENSURE THAT REMEDIAL ACTION
BE TAKEN. I MIGHT ADD HERE THAT THE PROBLEM MAY BE MORE SEVERE THAN
INDICATED IN THE REPORT. MUCH OF THE DATA OBTAINED BY THE TASK FORCE
WAS GENERAL, TENTATIVE AND NOT RECEIVED UNDER PENALTY OF PERJURY.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
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SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110083
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
STATEWIDE PRELIMINARY REVIEWS INDICATE THAT THERE ARE OVER 500 WASTE
DISPOSAL SITES ACROSS NEW YORK, OF WHICH OVER 50 MAY POSE AN IMMINENT
THREAT TO THE PUBLIC HEALTH.
IN MARCH OF THIS YEAR GOVERNOR CAREY REQUESTED THE ATTORNEY GENERAL
TO INVESTIGATE THE STATE'S LEGAL REMEDIES AGAINST THE OWNERS OR
OPERATORS OF DUMP SITES. THE ATTORNEY GENERAL THEREAFTER ASSIGNED LEGAL
AND TECHNICAL STAFF TO ASSESS THE GROUNDS FOR LEGAL ACTION AGAINST THOSE
WHO CREATED HAZARDOUS WASTE DUMPS. HE ALSO MET PERSONNALY WITH GROUPS
OF CITIZENS FROM ERIE AND NIAGARA COUNTIES WHO WERE AFFECTED.
BY LETTER DATED APRIL 23, 1979, THE ATTORNEY GENERAL REPORTED TO THE
GOVERNOR THAT THE RESULTS OF THE LEGAL RESEARCH WERE ENCOURAGING. THE
ATTORNEY GENERAL BELIEVES THAT LEGAL GROUNDS DO EXIST FOR CALLING
HAZARDOUS WASTE DUMPERS TO ACCOUNT FOR IMPROPER DISPOSAL PRACTICES WHICH
HAVE THREATENED THE PUBLIC HEALTH AND SAFETY. IT WAS INDICATED TO THE
GOVERNOR THAT THE ATTORNEY GENERAL IS READY TO GO FORWARD WITH LEGAL
ACTION, AND HE REQUESTED APPROVAL UNDER EXECUTIVE LAW SECTION 63(8), A
SPECIAL INVESTIGATIONS STATUTE, TO ISSUE SUBPOENAS IN CONNECTION WITH
THE INVESTIGATION AND ASKED FOR FUNDING TO PROVIDE HIM WITH THE
RESOURCES NEEDED TO ADDRESS THE PROBLEM.
MORE SPECIFICALLY, THE ATTORNEY GENERAL INFORMED THE GOVERNOR THAT:
"WHILE THE OUTCOME OF LITIGATION CAN NOT BE GUARANTEED, PARTICULARLY
IN VIEW OF THE COMPLEX FACTUAL AND LEGAL ISSUES INVOLVED, IT IS OUR
OPINION THAT SEVERAL LEGAL GROUNDS EXIST FOR PROCEEDING AGAINST THOSE
WHO HAVE, WITTINGLY OR NOT, CREATED ENORMOUS HAZARDS TO THE HEALTH AND
SAFETY OF OUR POPULATION.
THE ATTORNEY GENERAL'S WELL-ESTABLISHED COMMON LAW POWER TO INSTITUTE
ACTIONS TO ABATE PUBLIC NUISANCES CAN BE INVOKED. ORDERS CAN BE SOUGHT
DIRECTING WRONGDOERS TO CORRECT, AT THEIR OWN EXPENSE, THE CONDITIONS
THAT JEOPARDIZE THE COMMUNITY'S WELL BEING, AND THEREAFTER, TO MONITOR
SITES FOR AN INDEFINITE PERIOD, UNDER PUBLIC SUPERVISION, TO PREVENT ANY
RECURRENCE. IN ADDITION, WHILE IT IS NOVEL TO APPLY FOR RESTITUTION IN
A NUISANCE ABATEMENT ACTION, WE SHALL DO SO TO RECOVER ALL MONIES
EXPENDED BY THE STATE TO ALLEVIATE PROBLEMS CAUSED BY IMPROPER DISPOSAL
PRACTICES.
OTHER POSSIBLE REMEDIES INCLUDE; ACTIONS FOR DAMAGES PREDICATED ON
STRICT LIABILITY FOR AN ABNORMALLY DANGEROUS ACTIVITY; SPECIAL
PROCEEDINGS UNDER EXECUTIVE LAW, SECTION 63(12), FOR INJUCTIVE RELIEF,
RESTITUTION AND DAMAGES, AVAILABLE UPON A SHOWING OF PERSISTENT
VIOLATIONS OF FEDERAL, STATE OR LOCAL LAW; ACTIONS FOR INJUNCTIONS AND
PENALTIES BASED ON VIOLATIONS OF THE WATER POLLUTION CONTROL LAW;
ACTIONS FOR INJUNCTIONS AND PENALTIES FOR VIOLATION OF ARTICLE 27 OF THE
ENVIRONMENTAL CONSERVATION LAW, GOVERNING THE OPERATION OF WASTE
DISPOSAL AREAS; AND ACTIONS FOR INJUNCTIONS AND PENALTIES FOR VIOLATION
OF THE STATE AIR POLLUTION CONTROL LAW, BASED ON NOXIOUS ODORS EMANATING
FROM CERTAIN SITES."
BECUASE OF THE INVESTIGATIONS NOW UNDERWAY THE ATTORNEY GENERAL
CANNOT COMMENT ON SPECIFIC PROBLEMS AT PARTICULAR SITES OR POTENTIAL
LEGAL APPROACHES TO ANY PARTICULAR SITE.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
790523
PART 008 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110084
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
PRESENTLY, NO STATE AGENCY, INCLUDING THE OFFICE OF THE ATTORNEY
GENERAL, IS ADEQUATELY STAFFED OR FUNDED TO SUPPORT THE HAZARDOUS WASTE
LITIGATION TEAMS REQUIRED TO CHALLENGE THE INDUSTRIAL GIANTS INVOLVED.
ATTORNEYS AND SCIENTIFIC EXPERTS MUST BE DEVOTED FULL TIME TO
THE LITIGATION ENVISIONED CANNOT BE PURSUED IF THE LAWYERS AND
SCIENTISTS ASSIGNED TO IT MUST SIMULTANEOUSLY HANDLE OTHER PROGRAM
WORK FOR THE STATE. THE PROBLEM IS OF SUCH A NATURE AND MAGNITUDE
AND THE SITES ARE SO NUMEROUS THAT A FOCUSED EFFORT BY A SPECIAL
TEAM IS MANDATORY. ACCORDINGLY, THE ATTORNEY GENERAL SUBMITTED
THE FOLLOWING BUDGET REQUEST TO START SUCH A PROJECT:
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
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HAZARDOUS WASTE DISPOSAL
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SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110085
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
TABLE OMITTED
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
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SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110086
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
ONCE STARTED AND AS THE INVESTIGATION EXPANDED, SUCH AN OFFICE WOULD,
OF COURSE, HAVE TO GROW COMMENSURATELY. THIS WEEK THE GOVERNOR'S STAFF
WILL MEET WITH OUR OFFICE TO DISCUSS THE ATTORNEY GENERAL'S REQUEST FOR
THE INVESTIGATIVE CONCERNED THAT, WITH STATE RESOURCES BEING LIMITED AS
THEY NOW ARE, SUFFICIENT FUNDS MAY NOT BE PROVIDED TO START THIS
EXTREMELY IMPORTANT PROJECT.
IT IS OBVIOUS THAT CONSTANT MONITORING AND MAINTENANCE OF CERTAIN
SITES WILL BE NECESSARY TO PROPERLY PROTECT PUBLIC HEALTH AND SAFETY,
BOTH DURING THE TIME THE SITE IS ACTIVELY IN USE, AND AFTER THE SITE IS
CLOSED, FOREVER. UP UNTIL NOW, THIS HAS NOT BEEN DONE, WITH THE
CONSEQUENCES YOU HAVE ALL SEEN. THERE HAS BEEN NO INCENTIVE AND NO
LEGAL REQUIREMENT FOR INDUSTRY TO MONITOR AND MAINTAIN SITES.
RESPONSIBLE CARE OF A SITE INCLUDES PERIODIC TESTING OF THE SOIL BOTH AT
AND AROUND THE GROUNDWATER MUST BE TESTED, AS WELL AS ANY NEARBY WATERS,
FOR POSSIBLE MIGRATION OF MATERIALS OR "LEACHATE," AND TERRAIN RAINWATER
TO COLLECT. ALL THIS MUST BE DONE IN PERPETUITY.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
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790523
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SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110087
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
/1/ FOR EXAMPLE, HIGH TEMPERATURE LONG RESIDENCE TIME INCINERATORS.
MICROFORM REFILMED; SEE APPENDICES.
MANY YEARS OF EXPERIENCE WITH LOW LEVEL RADIOACTIVE WASTE DISPOSAL
SITES, WHERE "PERMANENT" BURIAL WAS ATTEMPTED, HAVE SHOWN THAT EVEN THE
SAFEST DUMP SITE CANNOT BE EXPECTED TO REMAIN THAT "SAFE" FOR ANY
APPRECIABLE LENGTH BECAUSE IT MEANS THAT PROVISION MUST BE MADE FOR THE
PERPETUAL CARE OF EXISTING SITES AND THAT ULTIMATELY WE MUST CONSTRUCT
WASTE DESTRUCTION FACILITIES /1/ AS A PERMANENT SOLUTION.
THE NEW YORK STATE INDUSTRIAL HAZARDOUS WASTE MANAGEMENT ACT OF 1978
REPRESENTS A GOOD FIRST STEP TOWARD LEGISLATIVE SOLUTIONS TO THE
PROBLEM. THE PROBLEM IS A NATIONAL ONE AND TO A LARGE EXTENT THAT
STATUTE RELIES UPON HAZARDOUS WASTE DISPOSAL REGULATIONS WHICH WILL BE
PROMULGATED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO THE
RESOURCE RECOVERY AND CONSERVATION ACT OF 1976. THE ATTORNEY GENERAL'S
OFFICE RECENTLY SUBMITTED OVER 100 PAGES OF DETAILED RECOMMENDATIONS
DESIGNED TO STRENGTHEN U.S. EPA'S PROPOSED RULES, WHICH AS PRESENTLY
DRAFTED ARE WOEFULLY INADEQUATE. THE ALLOW MIGRATION OF CHEMICALS TO
OCCUR AFTER ONLY 50 YEARS, WHICH IS MERELY A FRACTION OF THE PERIOD OF
TOXICITY, AND FOR THE SITES FOR ONLY 20 YEARS AFTER THE DUMPS ARE
CLOSED. LOVE CANAL HAS PROVEN THAT TO BE FAR TOO SHORT A TIME.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
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HAZARDOUS WASTE DISPOSAL
790523
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SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110088
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
MICROFORM REFILMED: SEE APPENDICES.
IN NEW YORK, THE ATTORNEY GENERAL INTENDS TO PRESS FOR THE
DEVELOPMENT OF TECHNOLOGY FOR THE PERMANENT DESTRUCTION OR
NEUTRALIZIATION OF WASTES -- THE ONLY FEASIBLE ALTERNATIVE TO LANDFILL
DISPOSAL. WHILE THE MIGHT NECESSITATE THE EXPENDITURE OF PUBLIC FUNDS,
WASTE DESTRUCTION FACILITIES, ONCE ESTABLISHED, WILL BE NO MORE
EXPENSIVE THAN PROPERLY RUN AND PERPETUALLY CARED FOR LANDFILL SITES.
AND UNLIKE SUPPOSEDLY "SECURE" LANDFILL DUMPS, TRUE DESTRUCTION OF
WASTES WILL NOT LEAVE A PERPETUAL BURDEN TO BE MONITORED AND MAINTAINED
BY FUTURE GENERATIONS.
SECTIONS 1285-D OF THE PUBLIC AUTHORITIES LAW, WHICH REQUIRES THE
ENVIRONMENTAL FACILITIES CORPORATION TO STUDY, RESEARCH AND DEVELOP
WASTE DESTRUCTION TECHNOLOGY, AND SECTION 1285-C, WHICH AUTHORIZES THE
EPC TO CONSTRUCT AND OPERATE SUCH FACILITIES, IS A LAUDABLE STEP IN THIS
DIRECTION. THREE MONTHS FROM NOW EFC'S REPORT TO THE GOVERNOR AND THE
LEGISLATURE WILL BE DUE, AND WE ARE HOPEFUL THAT THE RESULTS WILL LAY
THE GROUNDWORK FOR MAKING OF HAZARDOUS WASTES.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
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HAZARDOUS WASTE DISPOSAL
790523
PART 013 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110089
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
MICROFORM REFILMED; SEE APPENDICES.
ATTORNEY GENERAL ABRAMS HAS THE FOLLOWING COMMENTS WITH RESPECT TO
THE SPECIFIC ISSUES PREVIOUSLY IDENTIFIED BY THE SUBCOMMITTEE:
1. ADEQUACY OF PRESENT LOCAL, STATE AND FEDERAL
LOCAL GOVERNMENTS, AS OPPOSED TO STATE GOVERNMENTS, HAVE NEITHER THE
FUNDS NOR THE EXPERTISE TO DEAL WITH THE HAZARDOUS WASTE PROBLEM, AND IT
WOULD BE INEFFICIENT TO REQUIRE LOCALITIES TO DEVELOP A COMPREHENSIVE
CAPABILITY TO ADDRESS HAZARDOUS WASTE EMERGENCIES. RATHER, WITH STATE
GUIDANCE, LOCALITIES SHOULD DEVELOP "FIRST-AID" PROCEDURES TO HANDLE
EMERGENCIES, PENDING STATE AND FEDERAL ACTION.
WHILE OUR STATE GOVERNMENT CAN DEVELOP THE CAPABILITY TO RESPOND TO
SUCH EMERGENCIES, THE COSTS OF DEALING WITH THESE PROBLEMS ARE EXTREMELY
HIGH, AND SHOULD BE SHARED BY THE FEDERAL GOVERNMENT IN THE SAME WAY
THAT "DISASTER AREA" FUNDS ARE PROVIDED FOR OTHER EMERGENCIES. U.S. EPA
NEEDS MORE SUPPORT TO HANDLE SUCH PROBLEMS, AND IN TURN MUST REALLOCATE
ITS FUNDS AWAY FROM PROGRAMS LESS IN NEED OF FEDERAL ATTENTION. WASTE
DUMP SITES.
THE STATE'S RECENTLY RELEASED DRAFT REPORT OF THE
OF LOCATING EXISTING PROBLEMS AND CATALOGING MUCH OF THE
HAZARDOUS WASTE DUMPED IN ERIE AND NIAGARA COUNTIES. BUT
THIS WORK MUST BE UNDERTAKEN ON A STATEWIDE BASIS, SO THAT SITES
ARE DISCOVERED IN TIME TO PREVENT PUBLIC INJURY. FEDERAL
FUNDING SHOULD BE PROVIDED FOR THIS MASSIVE TASK.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
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PART 014 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110090
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
3. AVAILABLE TECHNOLOGY AND PROVEN METHODS TO HANDLE HAZARDOUS
WASTE.
AS NOTED PREVIOUSLY, EXPERIENCE DICTATES THAT CAPPING HAZARDOUS
WASTES IS NOT A SATISFACTORY METHOD OF PERMANENT DISPOSAL. SECURELY IN
PLACE WITHOUT PERPETUAL CARE TO SAFEGUARD AGAINST LEAKS, CAVE-INS AND
HUMAN ERROR. WASTE DESTRUCTION IS THE ONLY ACCEPTABLE METHOD FOR THE
FUTURE. UNFORTUNATELY, IT IS NOT NOW ECONOMICALLY ATTRACTIVE FOR THE
PRIVATE SECTOR AND WON'T BE AS LONG AS LANDFILLING IS PERMITTED.
JUST AS THE FEDERAL GOVERNMENT HAS ACCEPTED RESPONSIBILITY FOR THE
DEVELOPMENT OF PERMANENT DISPOSAL METHODS WITH RESPECT TO HAZARDOUS
WASTES.
4. METHODS OF RECLAMATION OF HAZARDOUS WASTE DUMP SITES.
IT MUST BE MADE CLEAR TO THE DUMPERS OF HAZARDOUS WASTES THAT THEY
CANNOT ESCAPE RESPONSIBILITY FOR THEIR ACTS. THE SPECIAL HAZARDOUS
WASTES PROJECT FOR WHICH THE ATTORNEY GENERAL HAS REQUESTED FUNDING IS
INTENDED IN PART TO COMPEL CLEAN-UP OF IMPROPER DISPOSAL BY THOSE
RESPONSIBLE.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
790523
PART 015 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110091
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
THE ATTORNEY GENERAL BELIEVES THAT THE STATES CANNOT COUNTENANCE THE
BURIAL OF HAZARDOUS SYNTHETIC ORGANIC CHEMICAL WASTES ANY LONGER. HE
SUPPORTS A MORATORIUM ON PERMANENT BURIAL BY REQUIRING THE STORAGE OF
SUCH WASTES IN A SAFE, RETRIEVABLE MANNER UNTIL WASTE DESTRUCTION
FACILITIES ARE IN PLACE AND OPERABLE. ORGANIC AND INORGANIC CHEMICALS
SHOULD BE TREATED SEPARATELY, BECAUSE INORGANIC WASTES ARE NOT SUBJECT
TO DESTRUCTION THROUGH INCINERATION, IN CONTRAST TO MANY ORGANIC
CHEMICALS.
RELATING TO LIABILITY.
THERE ARE A NUMBER OF RELEVANT LEGISLATIVE PROPOSALS WHICH HAVE BEEN
SENT TO THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE. WHILE THE
ATTORNEY GENERAL HAS NOT HAD AN OPPORTUNITY TO THOROUGHLY STUDY THEM, HE
IS CONCERNED ABOUT THE GENERAL APPROACH AND, IN SOME CASES, GAPS IN
CERTAIN OF THE BILLS.
1. THERE IS A NEED TO ESTABLISH A FUND FOR THIRD PARTY DAMAGES.
ORDINARY CITIZENS WHO SUFFER INJURY AND/OR PROPERTY DAMAGE SHOULD BE
QUICKLY MADE WHOLE WITHOUT HAVING TO RESORT TO LONG TERM LEGAL BATTLE.
OF COURSE, THE OPTION OF ACTIONS IN THE COURTS SHOULD BE LEFT OPEN.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
790523
PART 016 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110092
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
2. SUCH A FUND COULD BE CREATED FROM FEES PAID BY FIRST USERS OR
RECIPIENTS OF MATERIALS. THIS MECHANISM IS A CRUDE DEVICE BUT MAY BE
THE MOST PRACTICAL METHOD AVAILABLE.
3. NEITHER THE STATES' ABILITY TO SET STRICTER LIABILITY STANDARDS
NOR THEIR ABILITY TO LEVY FEES FOR THEIR OWN FUNDS COMPENSATION FUND
UNDER THE RECENT AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT.)
THANK YOU FOR YOUR ATTENTION AND CONSIDERATION OF THESE REMARKS. I
HOPE THEY WILL BE USEFUL TO YOU IN YOUR IMPORTANT OVERSIGHT ROLE.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
790523
PART 017 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110093
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
MR. GORE. MR. LENT?
MR. LENT. THANK YOU, MR. CHAIRMAN.
I WANT TO THANK YOU, MR. SHEA, FOR JOURNEYING FROM THE STATE OF NEW
YORK TO BE WITH US TODAY AS WE CONTINUE OUR INVESTIGATION INTO THE
PROBLEM OF HAZARDOUS WASTE DUMPING.
THE RESOURCE CONSERVATION AND RECOVERY ACT ENVISIONS AN EFFECTIVE
PARTNERSHIP BETWEEN THE STATES AND THE FEDERAL GOVERNMENT IN DEALING
WITH THIS PROBLEM OF HAZARDOUS WASTE DISPOSAL. AS ONE EARLIER HEARINGS
ON THIS SUBJECT, WE HAVE BEEN OPENLY CRITICAL OF THE EPA FOR ITS FAILURE
TO MEET ITS RESPONSIBILITY UNDER THE TERMS
WE CAN UNDERSTAND YOUR FRUSTRATION AS YOU ATTEMPT TO DEAL WITH THE
PROBLEM IN THE ABSENCE OF LONG-AWAITED EPA IMPLEMENTATION OF RCRA
REGULATIONS.
I AM ESPECIALLY INTERESTED IN YOUR PRESENCE HERE TODAY, MR. SHEA,
REPRESENTING THE ATTORNEY GENERAL OF MY STATE, WHO I HAD THE PRIVILEGE
OF SERVING WITHIN THE STATE OF NEW YORK LEGISLATURE SOME YEARS AGO.
IT IS CLEAR FROM YOUR TESTIMONY THAT MY STATE AND ITS AGENCIES ARE
ANXIOUS TO ESTABLISH A MECHANISM FOR DEALING EFFECTIVE WITH WASTE
DUMPERS. IN THAT REGARD, I CERTAINLY ENDORSE ATTORNEY GENERAL ABRAMS'
PROPOSAL TO GOVERNOR CAREY TO SET UP A LEGAL TASK FORCE WITHIN HIS
OFFICE.
I HOPE AT THIS MOMENT I CAN BE FORGIVEN A LITTLE LOCAL CONCERN
BECAUSE I WOULD REMIND MR. SHEA THAT THE LOVE CANAL EPISODE, THOUGH IT
IS THE MOST DRAMATIC MANIFESTATION OF IRRESPONSIBLE DUMPING OF HAZARDOUS
WASTE, IS BY NO MEANS THE ONLY SUCH OCCURENCE OF ITS KIND IN NEW YORK.
ON LONG ISLAND, WHERE MY OWN OF CONTAMINATION OF OUR GROUNDWATER FROM A
VARIETY OF SOURCES. DOZENS OF WATER WELLS HAVE BEEN RESTRICTED OR EVEN
CLOSED OUTRIGHT AS A RESULT OF THE DISCOVERY OT TOXIC AND SOMETIMES
CARCINAGENIC SUBSTANCES IN OUR WATER SUPPLY.
REMEMBER THAT LONG ISLAND IS A SOLE-SOURCE AQUIFER. IT DRAWS 100
PERCENT OF ITS DRINKING WATER SUPPLY FROM UNDERGROUND.
ALREADY THE VAST POOL OF WATER NEAREST TO THE SURFACE OF LAND, THE
SO-CALLED GLACIAL AQUIFER, IS TOO CONTAMINATED FOR HUMAN CONSUMPTION.
NOW THE NEXT LAYER OF WATER BENEATH, THE SO-CALLED MAGOTHY AQUIFER, IS
DISPLAYING ALARMING TRACES OF TOXIC CHEMICALS.
SO, THIS SUBCOMMITTEE WILL BE EXPLORING THE LONG ISLAND EMERGENCY IN
FIELD HEARINGS AT THE BEGINNING OF NEXT MONTH. TODAY, AS WE EXAMINE THE
ADEQUACY OF LOCAL, STATE, AND FEDERAL LAWS IN DEALING WITH THE
PERPLEXING PROBLEMS OF HAZARDOUS WASTE DISPOSAL, I WANT ABOUT THE
CONTINUED PROTECTION OF OUR ENVIRONMENT.
MR. SHEA, YOU SAID IN YOUR TESTIMONY THAT YOU WANT TO PUT
YOU SAID THE ATTORNEY GENERAL'S OFFICE WOULD BE OUTGUNNED IN THE
FACE OF MORE OVERWHELMING LEGAL TALENT AT THE HANDS OF THE CHEMICAL
COMPANIES.
HOW MUCH HAVE THE FUNDS OF THE NEW YORK STATE OFFICE OF THE ATTORNEY
GENERAL BEEN CUT SINCE NEW YORK STATE FACED ITS FISCAL CRISIS?
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
790523
PART 018 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110094
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
MR. SHEA. RIGHT NOW, THE EXACT DOLLAR AMOUNT I CANNOT PIN DOWN. OUR
BUDGET THIS SPRING WAS CUT BY AT LEAST $1 MILLION. WE ARE DOWN 50
LAWYERS.
WE HAVE AN EXTREMELY LARGE OFFICE, IN EXCESS OF 400. BUT WHEN YOU
ARE DOWN 50 LAWYERS, THAT HAS A TREMENDOUS IMPACT ON YOUR CASELOAD; AND
YOU HAVE NO CONTROL OVER WHO SUES THE STATE. BASICALLY, MOST OF THE
ATTORNEY GENERAL'S WORK IS IN DEFENDING STATE AGENCIES. THERE IS VERY
LITTLE YOU CAN DO ABOUT THAT TYPE OF DOCKET.
MY CONCERN IS THAT THE PEOPLE WHO WILL BE WORKING ON THIS
OUR BUREAU IS VERY EXPERIENCED IN THIS TYPE OF LITIGATION. BUT
WE HAVE NEVER BEEN FACED WITH A PROBLEM SUCH AS THIS ONE, WHERE
WE HAVE 500 SITES AROUND THE STATE. MEANWHILE, YOU HAVE THE
CHEMICAL INDUSTRY, WHICH IS GOING TO BE FIGHTING FOR ITS LIFE.
MONEY WILL BE NO OBJECT.
THE CHEMICAL INDUSTRY IS REPRESENTED HERE TODAY BY THEIR LAWYERS JUST
TO OBSERVE THESE HEARINGS. WE CANNOT AFFORD TO USE OUR ATTORNEYS IN
THAT FASHION.
MR. LENT. WHAT HAS GOVERNOR CAREY'S RESPONSE BEEN TO THE REQUEST FOR
GRANTING SUBPOENA POWER TO THE STATE INVESTIGATORS AND ALSO FOR
AUTHORIZATION TO SPEND ALMOST $1 MILLION IN PUTTING TOGETHER THIS TASK
FORCE?
MR. SHEA. AS I SAID, WE ARE MEETING WITH THE GOVERNOR'S OFFICE TODAY
TO WORK OUT SOME OF THE PROBLEMS THAT THE GOVERNOR SEES ON THAT.
MR. LENT. WOULD THE APPROPRIATION OF THESE FUNDS REQUIRE STATE
MR. SHEA. APPARENTLY, THE GOVERNOR DOES HAVE THE POWER TO DISBURSE
MONEYS PURSUANT TO THE EXECUTIVE LAW, IF THAT ROUTE IS CHOSEN.
MR. LENT. WELL, CERTAINLY THE FOLKS UP IN ALBANY IN THE STATE
CAPITOL REALIZE THAT THERE IS A TREMENDOUS PUBLIC CONCERN ABOUT THESE
HAZARDOUS WASTES AND THEIR ENTRY INTO THE FOOD AND WATER SUPPLY. IT
WOULD SEEM TO ME THAT, GIVEN -- WHAT IS THE STATE BUDGET IN NEW YORK
NOW?
MR. SHEA. I BELIEVE IT IS $12 BILLION.
MR. LENT. $1 MILLION TO FIGHT THIS SORT OF A PROBLEM OUGHT TO BE
MADE AVAILABLE TO YOUR OFFICE.
MR. SHEA. I AGREE WITH YOU, OF COURSE. THE COST-BENEFIT ANALYSIS ON
IT IS OBVIOUS. WHEN YOU ARE TRYING TO OBTAIN JUDGMENTS OF MILLIONS OF
DOLLARS, AN INVESTMENT OF $1 MILLION TO GET THOSE JUDGMENTS WOULD SEEM
TO BE VERY REASONABLE.
MR. LENT. YOU REFERRED TO THE LEGISLATURE'S ADOPTION IN 1978 OF THE
INDUSTRIAL HAZARDOUS WASTE MANAGEMENT ACT. YOU INDICATED RULES AND
REGULATIONS THAT WERE TO BE FORTHCOMING FROM THE U.S. ENVIRONMENTAL
PROTECTION AGENCY.
THOSE REGULATIONS, AS WE HAVE HEARD FROM SO MANY WITNESSES, HAVE NOT
BEEN FORTHCOMING.
HAS THIS EFFECTIVELY KEPT ANY OF THE PROVISIONS OF THAT NEW STATE ACT
FROM BEING IMPLEMENTED?
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
790523
PART 019 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110095
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
MR. SHEA. YES. IN ADDITION, THE PROBLEM IS WITH THE REGULATIONS AS
THEY ARE PROPOSED -- AS I SAID, THE REGULATIONS ARE TERRIBLY INADEQUATE
AS PROPOSED.
MR. LENT. YOU DO NOT FEEL THEY ARE STRONG ENOUGH?
MR. SHEA. NO. THEY WILL ALLOW FUTURE LOVE CANALS.
MR. LENT. YOU TALKED IN YOUR PREPARED TESTIMONY ABOUT THE STATE
DEALING FORCEFULLY WITH THE OWNERS AND OPERATORS OF DUMPS, THE STATE
PREPARED TO FILE LAWSUITS AGAINST WASTE GENERATORS TO FORCE THEM TO
ACCEPT RESPONSIBILITY FOR ENVIRONMENTALLY ACCEPTABLE
MR. SHEA. WE HAVE BEEN EXAMINING AND WILL CONTINUE TO EXAMINE, AND
CERTAINLY WILL CONSIDER USING CAUSES OF ACTION AGAINST WASTE GENERATORS.
MR. LENT. YOU ARE GENERALLY FAMILIAR WITH THE HOOKER CHEMICAL CO.
AND ITS WASTE DISPOSAL PRACTICES; ARE YOU NOT?
MR. SHEA. I AM.
MR. LENT. AND YOU ARE AWARE OF THE FACT THAT HOOKER OPERATES A PLANT
IN MY DISTRICT IN THE COMMUNITY OF HICKSVILLE AND THAT FOR 19 YEARS,
FROM 1956 TO 1975, THAT COMPANY -- AND THIS IS BY THEIR OWN ADMISSION --
ANNUALLY DUMPED 2 MILLION GALLONS OF POLYVINYLCHLORIDE WASTE WATER INTO
A SAND SUMP ON ITS PROPERTY. THREE YEARS AGO, TRACES OF THIS
POLYVINYLCHLORIDE WERE FOUND IN WATER WELLS ADJACENT TO THE HOOKER
PLANT, THREE OF THEM ON THE PREMISES OF THE GRUMMAN AEROSPACE CORP.
TO MOST OBSERVERS, I THINK THERE APPEARS TO BE A CAUSAL RELATIONSHIP
BETWEEN THE HOOKER ASSERTS, HOWEVER, THAT THERE IS NO SURE PROOF OF ITS
RESPONSIBILITY. WHICH THE ATTORNEY GENERAL'S OFFICE IS WILLING TO TAKE
LEGAL ACTION IN AN ATTEMPT TO ESTABLISH THE ACTUAL CULPRIT?
MR. SHEA. I AM NOT AT LIBERTY TO COMMENT ON SPECIFIC SITES.
MR. LENT. LET ME JUST SAY THIS. I WAS VERY CAREFUL IN THAT QUESTION
NOT TO ASK YOU WHETHER YOU WERE OR WHETHER YOU WERE NOT. I SAID, IS
THIS THE KIND OF CIRCUMSTANCE IN WHICH YOUR OFFICE WOULD BE WILLING TO
TAKE LEGAL ACTION?
MR. SHEA. IT IS THE KIND OF CIRCUMSTANCE AT WHICH WE WOULD DIRECT
INVESTIGATIVE EFFORTS AND WOULD CONSIDER FOLLOWUP LITIGATION.
MR. LENT. I AM INTERESTED ALSO IN PURSUING THE TESTIMONY OF ATTORNEY
GENERAL KELLEY OF ILLINOIS. WERE YOU HERE WHEN HE TESTIFIED?
MR. SHEA. YES.
MR. LENT. HE WAS QUITE CRITICAL, AS I RECALL, OF THE EPA AND,
THE EPA HAD NOT REALLY HELPED HIS OFFICE IN ANY MEANINGFUL WAY.
ANOTHER WITNESS TESTIFIED THE EPA LACKED INVESTIGATIVE MANPOWER.
MR. SHEA. I AM NOT QUALIFIED TO TALK ABOUT EPA 'S MANPOWER.
MR. LENT. HAVE THEY HELPED YOU IN NEW YORK STATE TO ANY APPRECIABLE
DEGREE? HAVE YOU EVER ASKED FOR ANY
MR. SHEA. THE STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS
BEEN WORKING WITH U.S. EPA WITH A LIMITED AMOUNT OF SUCCESS.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
790523
PART 020 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110096
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
OUR OFFICE, THE ATTORNEY GENERAL'S OFFICE, HAS NOT BEEN IMPRESSED
NECESSARILY WITH THE VIGOR OF EPA'S ACTIONS. SOME OF THE PROBLEMS IN
WESTERN NEW YORK COULD HAVE BEEN AVOIDED IF EPA HAD BEEN MORE
ENTHUSIASTIC ABOUT PURSUING OPERATORS OF DIFFERENT FACILITIES.
MR. LENT. YOUR OFFICE WAS GOOD ENOUGH TO TURN OVER TO THE COMMITTEE
A COPY OF A LETTER SENT BY YOUR ATTORNEY GENERAL, BOB ABRAMS, TO
GOVERNOR CAREY DATED APRIL 23, 1979. AT THE BOTTOM OF PAGE 2, ATTORNEY
GENERAL ABRAMS MAKES A STATEMENT:
I SHOULD ALSO INFORM YOU THAT MY STAFF HAS BEEN IN CLOSE CONTACT WITH
THE JUSTICE DEPARTMENT IN WASHINGTON REGARDING THESE LEGAL ISSUES, AND
THE POSSIBILITY OF COORDINATED LEGAL ACTION EXISTS. ACTION YOU MIGHT
HAVE IN MIND?
MR. SHEA. OUR DISCUSSIONS HAVE CENTERED AROUND SEVERAL PROBLEMS.
YOU DO NOT WANT TO WASTE YOUR RESOURCES. MR. MOORMAN IS, PERHAPS, IN A
WORSE POSITION THAN WE ARE. AT LEAST WE HAVE FIVE PEOPLE IN OUR BUREAU
FOR THE STATE. HE APPARENTLY HAS ONE PERSON FULL TIME FOR THE NATION.
SO, OUR RESOURCES ARE LIMITED BOTH ON THE STATE AND FEDERAL LEVELS.
WE DO NOT WANT TO DUPLICATE EFFORTS. WE DO NOT WANT TO WASTE EACH
OTHER'S MONEY AND MANPOWER.
THE INTERRELATIONSHIP OF VARIOUS CAUSES OF ACTION HAS BEEN DISCUSSED.
TOMORROW WE ARE MEETING WITH THE JUSTICE DEPARTMENT TO
MR. LENT. TOMORROW IS GOING TO BE A BUSY DAY; YOU ARE MEETING FOR
THE $1 MILLION
MR. SHEA. THAT IS TODAY.
MR. SHEA. IT WAS SUPPOSED TO BE AT 3 O'CLOCK.
TOMORROW WE WILL MEET WITH THE JUSTICE DEPARTMENT AND DISCUSS
MR. LENT. IN THIS LETTER WHICH WE HAVE JUST REFERRED TO, THE
ATTORNEY GENERAL OUTLINES SIX AVENUES OF LEGAL ACTION TO DEAL WITH TOXIC
WASTE DISPOSAL PRACTICES THAT IMPERIL PUBLIC HEALTH. ALL OF THESE
APPEAR TO DEAL WITH THE CURRENT OWNER OR THE CURRENT OPERATOR OF AN
ACTIVE EXISTING DUMP SITE.
HOW WOULD YOU PROPOSE TO HANDLE A SITUATION IN WHICH TOXIC WASTES
WERE DUMPED -- PERHAPS ILLICITLY -- YEARS AGO, AND THE LAND HAS BEEN
SUBSEQUENTLY SOLD, PERHAPS SEVERAL TIMES, TO AN INDIVIDUAL WHO IS NOW
INNOCENT OF ANY QUESTIONABLE DUMPING RESTRICTIONS?
MR. SHEA. ACTUALLY, THE LETTER AS DRAFTED DOES ENCOMPASS POTENTIAL
CAUSES OF ACTION AGAINST THOSE PERSONS WHO WOULD HAVE CREATED THE
SITUATION SOME TIME AGO. WITHOUT REVEALING TOO MUCH OF OUR POTENTIAL
LITIGATION STRATEGY -- AGAIN, SINCE EVERY WORD WE UTTER AND EVERYTHING
WE WRITE IS BEING ANALYZED BY THE CHEMICAL INDUSTRY DOWN TO THE COMMA --
WE BELIEVE CAUSES OF ACTION EXIST AND WE INTEND TO PURSUE THEM WHERE
FEASIBLE AGAINST PERSONS WHO
MR. LENT. I HAVE ONE LAST AREA OF CONCERN. I HAVE A SPECIAL PROBLEM
IN MY DISTRICT WITH CONTAMINATION OF GROUND WATER DUE TO LEAKS FROM
UNDERGROUND STORAGE TANKS AT GASOLINE STATIONS. IN THE COMMUNITY OF
EAST MEADOW, WE HAVE A MIN-LOVE CANAL, WHERE 25 HOMES HAVE HAD TO BE
EVACUATED BECAUSE THOUSANDS OF GALLONS OF GASOLINE ARE FLOATING ON THE
WATER TABLE JUST UNDERNEATH THESE HOMES.
TESTIMONY OF SHEA J F
HEARINGS BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON STATE ENFORCEMENT OF STATUTES REGULATING DISPOSAL OF HAZARDOUS WASTE
STATEMENT OF ABRAMS R
790516
DEPARTMENT OF LAW PROPOSED BUDGET (FISCAL 790000 AND 800000) SPECIAL HAZARDOUS WASTES
HAZARDOUS WASTE DISPOSAL
790523
PART 021 OF 22
SHEA J F ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL ASSISTANT
ATTORNEYS GENERAL OF COUNSEL
ZEDROSSER J J
STATE OF NEW YORK 2 WORLD TRADE CENTER, NEW YORK, NY 10047
HOUSE OF REPRESENTATIVES
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
DEPARTMENT OF LAW
110097
HEARINGS
TRANSCRIPT
REPORT STUDY
HOUSE
WILL THE STATE ADDRESS ITSELF TO A PROBLEM OF THIS KIND? IN YOUR
OPINION, WOULD THE SIX-PART APPROACH THE ATTORNEY GENERAL CONTEMPLATES
WITH RESPECT TO HAZARDOUS WASTE DUMPING BE EQUALLY APPLICABLE TO THESE
GASOLINE LEAKS AS WELL?
MR. SHEA. ACTUALLY, WITHOUT KNOWING ALL OF THE FA-TS OF THE
SITUATION YOU DESCRIBE, THAT SEEMS TO BE A PROBLEM WHICH COULD BE
APPROACHED NOW. I HAVE WORKED BEFORE IN CRIMINAL CASES WITH THE
HANDLING CASES LIKE THAT. DEFINITELY, IF IT IS NOT BEING HANDLED NOW,
THEN THAT IS THE TYPE OF PROBLEM WE WOULD LOOK AT IN THE
MR. LENT. JUST FOR YOUR OWN INFORMATION, I WILL TELL YOU THAT WE
HAVE ADOPTED THE TOWN ORDINANCES THAT SEEM TO ATTACK THE PROBLEM OF
FUTURE INSTALLATIONS OF UNDERGROUND GASOLINE STORAGE IN TANKS. BUT WHAT
HAS HAPPENED IS THAT THESE TANKS HAVE A USEFUL LIFE OF 12 TO 15 YEARS;
THEN THEY RUST AWAY. THE GASOLINE CAN BEGIN TO LEACH INTO THE SOIL
BELOW.
WHERE YOU HAVE AN AQUIFER SITUATION, SUCH AS WE HAVE, THIS CAN RESULT
IN GASOLINE CONTAMINATION OF A SUBSTANTIAL WATER SUPPLY FOR A LOT OF
PEOPLE.
I HAVE NO FURTHER QUESTIONS, MR. CHAIRMAN.
MR. GORE. DOES STAFF HAVE QUESTIONS?
MR. BROWN. I HAVE NO QUESTIONS AT THIS TIME, MR. CHAIRMAN.
MR. GORE. LET ME THANK YOU VERY MUCH FOR YOUR APPEARANCE HERE TODAY.
IT HAS BEEN A REAL CONTRIBUTION FOR OUR INQUIRY.
WE STAND ADJOURNED UNTIL TUESDAY OF NEXT WEEK.
(WHEREUPON, AT 1:45 P.M., THE SUBCOMMITTEE ADJOURNED SUBJECT TO THE
CALL OF THE CHAIR.)
HAZARDOUS WASTE DISPOSAL, WEDNESDAY, 790523
TESTIMONY OF WIRTH T E
PART 001 OF 11
WIRTH T E REPRESENTATIVE, CO
COLEMAN L R GENERAL COUNSEL
U.S. CONGRESS
DEPARTMENT OF ENERGY WASHINGTON, DC 20585
110099
HEARINGS
CORRESPONDENCE
TRANSCRIPT
HOUSE
ATTACHMENT TO 08109310 PARENT DOCUMENT.
HOUSE OF REPRESENTATIVES,
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,
THE SUBCOMMITTEE MET, PURSUANT TO NOTICE, AT 10 A.M., IN ROOM 2359,
RAYBURN HOUSE OFFICE BUILDING, HON. BOB ECKHARDT, CHAIRMAN,
MR. ECKHARDT. THE SUBCOMMITTEE IS NOW IN SESSION. AS THE
SUBCOMMITTEE CONTINUES ITS INQUIRY INTO HAZARDOUS WASTE DISPOSAL, WE
WILL EXAMINE PROBLEMS ASSOCIATED WITH LOW-LEVEL RADIOACTIVE WASTE. OUR
HEARING THIS MORNING WILL FOCUS ON, FIRST, RADIUM WASTE RECENTLY
DISCOVERED IN NUMEROUS LOCATIONS IN DENVER AND, SECOND, PHOSPHATE WASTE
EXISTING IN FLORIDA, MONTANA, AND OTHER AREAS OF THE WEST. IN ANOTHER
HEARING TOMORROW, ON A RELATED TOPIC, WE WILL BE CONCENTRATING ON
DIFFICULT QUESTIONS OF COMPENSATION FOR VICTIMS OF LOW-LEVEL RADIATION,
PARTICULARLY WITH RESPECT TO THOSE WHO WERE EXPOSED DURING THE ATOMIC
TESTING OF THE 1950'S.
THE DENVER SITUATION WHICH WE WILL LOOK AT TODAY PROVIDES A GOOD
EXAMPLE OF THE COMPLEX AND SERIOUS ISSUES THAT CAN BE RAISED BY
ABONDONED WASTE DUMPS. IT APPEARS THAT RADIATION AT SOME OF THE SITES
MAY REMAIN DANGEROUSLY HIGH FOR MANY YEARS, POSING A LONGRANGE PUBLIC
HEALTH HAZARD. AND, FOR THE MOST PART, THESE SITES ARE THE REMNANTS OF
AN INDUSTRY WHICH CEASED TO EXIST MANY YEARS AGO; THUS THOSE WHO CAUSED
THE SITUATION CANNOT BE HELD FINANCIALLY ACCOUNTABLE FOR THE EXPENSIVE
AND COMPLICATED CLEANUP COSTS OR FOR ANY PHYSICAL OR PROPERTY DAMAGE
THAT MAY RESULT.
IN THE SECOND PART OF OUR HEARING TODAY, WE WILL HEAR ABOUT A NEW
PROBLEM THAT HAS SURFACED WITH RESPECT TO WASTE RESULTING FROM THE
MINING AND PROCESSING OF PHOSPHATE ROCK. URANIUM AND RADIUM ARE
BYPRODUCTS AND, WHILE CHRONIC EXPOSURE TO THE LOW-LEVEL GAMMA RADIATION
EMITTED BY THESE WASTES IS UNHEALTHY, OF MORE CONCERN IS EXPOSURE TO
RADON DECAY PRODUCTS WHICH ACCUMULATE IN THE AIR.
RESIDENCES AND OTHER STRUCTURES HAVE NOT ONLY BEEN BUILT ON
PHOSPHATES RECLAIMED MINE LAND BUT SOME HAVE BEEN CONSTRUCTED WITH
PHOSPHATE WASTE SLAG. THERE APPEARS TO BE THE POTENTIAL FOR A SERIOUS
HEALTH HAZARD HERE AND THE SUBCOMMITTEE WILL BE INTERESTED HAZARD.
MOREOVER, THE SUBCOMMITTEE MUST DETERMINE WHETHER THE LAW
WE WILL BE HEARING FROM TWO OF OUR COLLEAGUES FROM THE DENVER AREA
DURING THE COURSE OF THIS HEARING. FIRST, WE WILL HEAR FROM THE WIRTH,
WHO HAS PLAYED A VERY CRUCIAL ROLE IN DEVELOPING THE FACTS IN THE DENVER
SITUATION.
HAZARDOUS WASTE DISPOSAL, WEDNESDAY, 790523
TESTIMONY OF WIRTH T E
PART 002 OF 11
WIRTH T E REPRESENTATIVE, CO
COLEMAN L R GENERAL COUNSEL
U.S. CONGRESS
DEPARTMENT OF ENERGY WASHINGTON, DC 20585
110100
HEARINGS
CORRESPONDENCE
TRANSCRIPT
HOUSE
ATTACHMENT TO 08109310 PARENT DOCUMENT.
WE ARE DELIGHTED TO HAVE YOU HERE AT THIS TIME.
MR. WIRTH. THANK YOU, MR. CHAIRMAN.
MR. ECKHARDT. I SUPPOSE WE SHOULD SWEAR ALL WITNESSES, INCLUDING A
MEMBER OF CONGRESS. THAT IS THE CUSTOM OF THE SUBCOMMITTEE.
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
TRUTH, SO HELP YOU GOD?
MR. WIRTH. I DO.
MR. ECKHARDT. YOU MAY PROCEED.
MR. WIRTH. THANK YOU, MR. CHAIRMAN.
AS A MEMBER OF THIS SUBCOMMITTEE I GREATLY APPRECIATE THE OPPORTUNITY
TO COME BEFORE YOU AS THE SUBCOMMITTEE FURTHER EXAMINES THE ABANDONED
RADIUM SITES RECENTLY DISCOVERED IN DENVER, COLO. I AM PLEASED THAT THE
SUBCOMMITTEE IS INCLUDING THIS PROBLEM IN ITS LONG AND DETAILED
INVESTIGATION OF HAZARDOUS WASTES, BECAUSE THE RADIUM SITES ARE A MATTER
OF CONCERN TO THE PEOPLE OF THE DENVER AREA AND THE STATE OF COLORADO
AND RAISE A PUBLIC POLICY ISSUE THAT THE SUBCOMMITTEE IS DEALING WITH
LONG TERM FOR THE COUNTRY.
MR. CHAIRMAN, THE DISCOVERY OF THE ABANDONED RADIUM SITES IN DENVER
FURTHER ILLUSTRATES THE POTENTIAL TIME-BOMBS THIS NATION FACES FROM
ABANDONED WASTE SITES. THE DIFFICULTY OF IDENTIFYING SITES OF RECENT
WASTE DUMPS IS SMALL COMPARED TO THAT WHICH WE WILL FACE IN SEEKING TO
DISCOVER AREAS WHERE HAZARDOUS SUBSTANCES WERE DUMPED 30, 40, AND EVEN
100 YEARS AGO. NOTHING REVEALS THIS POTENTIAL PROBLEM BETTER THAN THE
WAY IN WHICH THE DENVER SITES WERE FOUND. ENVIRONMENTAL PROTECTION
AGENCY IN THE AGENCY'S LAS VEGAS, NEVADA, 1917 AND FOUND REFERENCES
THATE TO AN ORGANIZATION CALLED THE NATIONAL RADIUM INSTITUTE OF DENVER.
THE NATIONAL RADIUM INSTITUTE DOUGLAS OF NEW YORK CITY, WHO WERE
INTERESTED IN THE PRODUCTION OF RADIUM FOR TWO HOSPITALS WITH WHICH THEY
WERE CONNECTED, AND WHO DESIRED TO BOOST THE PRODUCTION OF AMERICAN
SOURCES OF RADIUM.
AFTER VISITING THE LARGE URANIUM MINES IN PARADOX VALLEY, COLO.,
TALKING WITH THE OFFICIALS OF THE CRUCIBLE STEEL CO., WHO CONTROLLED THE
CLAIMS THERE, AND CONSULTING WITH OFFICIALS FROM THE U.S. BUREAU OF
MINES, THE DOCTORS FORMED THE INSTITUTE IN COOPERATION WITH THE BUREAU.
UNDER THIS COOPERATIVE AGREEMENT, THE BUREAU WOULD, ON BEHALF OF THE
U.S. GOVERNMENT, RECEIVE ANY RADIUM PRODUCED IN EXCESS OF 7 GRAMS PER
TON OF EARTH MINED. THE MILL OPERATED UNTIL 1917 AND PRODUCED
APPROXIMATELY 8.5 GRAMS DURING ITS LIFETIME.
THROUGH THE USE OF A 1915 DENVER BUSINESS DIRECTORY, MR. HENDRICKS
AND THE EPA ASCERTAINED THAT THE NATIONAL RADIUM INSTITUTE WAS LOCATED
ON THE SITE OF WHAT IS NOW THE ROBINSON BRICK AND TILE CO., LOCATED AT
500 SANTA FE DRIVE IN DENVER.
HAZARDOUS WASTE DISPOSAL, WEDNESDAY, 790523
TESTIMONY OF WIRTH T E
PART 003 OF 11
WIRTH T E REPRESENTATIVE, CO
COLEMAN L R GENERAL COUNSEL
U.S. CONGRESS
DEPARTMENT OF ENERGY WASHINGTON, DC 20585
110101
HEARINGS
CORRESPONDENCE
TRANSCRIPT
HOUSE
ATTACHMENT TO 08109310 PARENT DOCUMENT.
ON FEBRUARY 8 OF THIS YEAR, THE COLORADO STATE DEPARTMENT OF HEALTH'S
RADIATION AND HAZARDOUS WASTE DIVISION, HEADED BY MR. AL HAZLE, WHO IS
PRESENT THIS MORNING ALONG WITH GEORGE ROBINSON, JR., OF ROBINSON BRICK
AND TILE CO., NOTIFIED THE COMPANY ABOUT THE DISCOVERY AND ASKED FOR
THEIR COOPERATION IN ALLOWING THE DEPARTMENT TO SURVEY THE AREA. IN THE
WEEKS THAT FOLLOWED, THE COLORADO DEPARTMENT OF HEALTH AND INVESTIGATIVE
REPORTERS FROM THE DENVER MEDIA IDENTIFIED A NUMBER OF OTHER SITES OF
RADIUM MILLS IN THE DENVER AREA. BY THE END OF 1 WEEK, THE NUMBER FOUND
HAD EXPANDED SO RAPIDLY THAT THE STATE OF COLORADO REQUESTED THE
ASSISTANCE OF THE FEDERAL GOVERNMENT IN IDENTIFYING AND SURVEYING THC
SITES. THE AID WAS GIVEN BY THE EPA AND BY THE DEPARTMENT OF ENERGY.
TODAY. IN ALL, 40 SITES HAVE BEEN FOUND, AND A PARTIAL LIST OF
BEFORE GOING ON TO SOME OF THE ISSUES WHICH MUST BE DEALT WITH IN
CLEANING UP THESE SITES AND IDENTIFYING OTHERS THAT MAY EXIST, I RADIUM.
ON DECEMBER 28,1898, PIERRE AND MARIE CURIE ANNOUNCED TO THE WORLD
THE DISCOVERY OF RADIUM. TWO YEARS AFTER THIS DISCOVERY, IN 1900, TWO
GERMAN CHEMICAL MANUFACTURERS REVEALED THAT RADIUM HAD CERTAIN
UNPLEASANT BIOLOGICAL PROPERTIES. AFTER CARRYING A VIAL IN HIS TROUSERS
FOR A SHORT PERIOD OF TIME, ONE SCIENTIST FOUND THAT THE RADIUM HAD
DESTROYED THE SKIN TISSUE UNDER HIS POCKET; PIERRE CURIE HIMSELF
PERFORMED A SIMILAR EXPERIMENT TO CONFIRM THIS SCIENTIST'S ACCIDENTAL
FINDING.
BY THE FIRST WORLD WAR, RADIUM WAS PUT TOSOME INDUSTRIAL USES, BUT
ITS PRIMARY USE REMAINED IN THE FIELD OF MEDICINE, MOSTLY AS AN ALLEGED
CURE FOR CANCER.
PRIOR TO 1913, ALL OF THE RADIUM USED IN THE UNITED STATES WAS
IMPORTED FROM EUROPE. AS THE PRICE OF PROCESSED RADIUM ROSE, AND AS THE
HOSTILITIES THAT WERE A PRELIMINARY TO THE OUTBREAK OF WORLD WAR I GREW,
AMERICAN COMPANIES MOVED INTO THE FIELD -- USING AS THEIR SUPPLY THE
RICH DEPOSITS OF ORE FOUND IN COLORADO, UTAH AND OTHER WESTERN STATES.
IT WAS IN THIS CONTEXT THAT THE NATIONAL RADIUM INSTITUTE AND OTHER
DENVER PROCESSING MILLS DEVELOPED, AND SOON THE AMERICAN COMPANIES
DEVELOPED A MONOPOLY ON WORLD RADIUM SUPPLY. BUT AS QUICKLY AS THIS
INDUSTRY EMERGED, IT DISAPPEARED, AS RICHER DEPOSITS OF ORE WERE FOUND
IN AFRICA AND AS NEWLY DISCOVERED MAN-MADE ISOTOPES WERE FOUND TO BE
LESS EXPENSIVE -- AND LESS DANGEROUS -- THAN RADIUM.
AS A MEMBER OF THE ALKALINE EARTH SERIES, RADIUM HAS PROPERTIES THAT
ARE CHEMICALLY SIMILAR TO STRONTIUM AND BARIUM. THEREFORE, AS IT ENTERS
THE BODY, IT WILL PROBABLY LOCATE IN THE BONE WHERE IT CAN CAUSE
SIGNIFICANT DAMAGE BECAUSE OF ITS LONG HALF-LIFE -- MORE THAN 1,000
YEARS -- AND ALPHA DECAY.
THIS WAS NOT KNOWN EARLY IN RADIUM'S HISTORY, AND RADIUM FIRST WAS
TREAT. DURING THE 1930'S, HOWEVER, IT WAS DISCOVERED THAT MANY OF
PHYSIOLOGICAL DAMAGE. PERHAPS THE MOST FAMOUS CASES RESULTED FROM
THE STUDIES OF THE RADIUM DIAL PAINTERS, WHO, IN ORDER TO GET A
HAZARDOUS WASTE DISPOSAL, WEDNESDAY, 790523
TESTIMONY OF WIRTH T E
PART 004 OF 11
WIRTH T E REPRESENTATIVE, CO
COLEMAN L R GENERAL COUNSEL
U.S. CONGRESS
DEPARTMENT OF ENERGY WASHINGTON, DC 20585
110102
HEARINGS
CORRESPONDENCE
TRANSCRIPT
HOUSE
ATTACHMENT TO 08109310 PARENT DOCUMENT.
STUDIES OF THESE WORKERS REVEALED A HIGH DEGREE OF BONE AILMENTS AND
CANCERS.
FROM THESE EARLY STUDIES AND THROUGH LATER RESEARCH, IT HAS BEEN
LEARNED THAT EXPOSURE TO RADIUM POSES SEVERE HEALTH RISKS. SHORT-TERM
EXPOSURE CAUSES TOPICAL BURNS AND ULCERATION OF TISSUES. LONGER
EXPOSURE LEADS TO A CONDITION KNOWN AS RADIATION SICKNESS, WHICH IS
CHARACTERIZED BY HEADACHES, NAUSEA, VOMITING, DIARRHEA, AND NECROSIS OF
TISSUE. ANOTHER DANGER OF RADIUM IS RADIATION POISONING, WHICH OCCURS
WHEN RADIUM ENTERS THE BODY THROUGH INGESTION OR INHALATION. ONLY A FEW
MICROGRAMS OF RADIUM LODGED IN THE BONE, CAUSE THE SYMPTOMS OF NECROSIS
AND ANEMIA. AND A BODY BURDEN OF 2 TO 10 MICROGRAMS IS USUALLY FATAL.
UPON LEARNING OF THE DISCOVERY OF THE RADIUM SITES IN DENVER, MY
OFFICE BEGAN WORKING WITH GOVERNOR LAMM AND THE DEPARTMENT OF HEALTH TO
FIND WAYS TO GIVE THE STATE AND THE PROPERTY OWNERS AID IN IDENTIFYING
AND CLEANING UP THE SITES. IN HEARINGS BEFORE THE ENERGY AND POWER
SUBCOMMITTEE ON MARCH 6, 1979, I QUESTIONED THE DEPARTMENT OF ENERGY'S
GENERAL COUNSEL, LYNN COLEMAN, ABOUT THE APPLICABILITY OF THE REMEDIAL
ACTION PROVISIONS OF THE URANIUM TAILINGS RADIATION CONTROL ACT OF 1978
TO THE RADIUM PROCESSING SITES IN DENVER.
SUBSEQUENTLY, IN A RETURN LETTER TO CHAIRMAN JOHN DINGELL DATED MAY
7, 1979, WHICH I ENCLOSE WITH MY TESTIMONY (SEE P. 782), MR. COLEMAN
AND THE DEPARTMENT HAVE DETERMINED THAT THE CLEANUP OF THESE SITES UNDER
THE TAILINGS ACT IS NOT POSSIBLE BECAUSE THE SITES DO NOT CONTAIN
RESIDUAL RADIOACTIVE MATERIAL, AS THAT TERM IS DEFINED IN THE ACT, NOR
DO THE DENVER RADIUM SITES FIT AN IMPORTANT PREREQUISITE OF THE ACT --
THAT ALL OR SUBSTANTIALLY ALL OF THE APPEAR THAT THE RESOURCE
CONSERVATION AND RECOVERY ACT, AS PRESENTLY
MR. CHAIRMAN, I AM PROVIDING THIS HISTORY AS BACKGROUND FOR THE TWO
ISSUES THAT FACE US AS A RESULT OF THE DENVER CASE AND WHICH ARE
COUNTRY.
FIRST, IN THE SHORT RUN, THE DENVER RADIUM PROCESSING SITES THAT HAVE
BEEN IDENTIFIED MUST BE SCRUTINIZED CAREFULLY. AS THE PARTIAL LIST OF
SITES WHICH I HAVE ATTACHED TO MY TESTIMONY REVEALS, NOT ALL OF THESE
SITES ARE OF A MAGNITUDE WHICH POSE A DANGER TO PUBLIC HEALTH. IN FACT,
ATTEMPTING TO CLEAN UP SOME OF THESE SITES MAY INDEED CAUSE MORE
PROBLEMS THAN SIMPLY LEAVING THEM ALONG. FURTHER, IT IS APPARENT THAT
CLEANING UP THESE SITES WILL COST A GREAT DEAL OF MONEY, MONEY THAT IS
NO MORE READILY AVAILABLE TO STATE GOVERNMENTS THAN IT IS TO THE FEDERAL
GOVERNMENT.
I BELIEVE THAT, AFTER THE FINAL COST ESTIMATES AND SITE
DETERMINATIONS HAVE BEEN MADE, THAT A FUNDING FORMULA MUST BE DEVISED BY
THE CONGRESS. IT SEEMS TO ME THAT, WHERE THE RADIUM PROCESSING CAN BE
SHOWN TO BE CONNECTED WITH FEDERAL GOVERNMENT -- AS IN THE CASE OF THE
NATIONAL RADIUM INSTITUTE -- THAT THE FEDERAL GOVERNMENT SHOULD BEAR THE
COST OF CLEANUP. IN THIS REGARD, IT APPEARS THAT ENABLING LEGISLATION
WOULD HAVE TO BE ENACTED BEFORE THIS COULD TAKE PLACE. IN OTHER
INSTANCES, WHERE THE RADIUM IS NOT TRACEABLE TO THE FEDERAL GOVERNMENT,
IT WILL PROBABLY LIE WITH THE STATE OF COLORADO AND PRIVATE SOURCES TO
PROVIDE FOR THE CLEANUP.
HAZARDOUS WASTE DISPOSAL, WEDNESDAY, 790523
TESTIMONY OF WIRTH T E
PART 005 OF 11
WIRTH T E REPRESENTATIVE, CO
COLEMAN L R GENERAL COUNSEL
U.S. CONGRESS
DEPARTMENT OF ENERGY WASHINGTON, DC 20585
110103
HEARINGS
CORRESPONDENCE
TRANSCRIPT
HOUSE
ATTACHMENT TO 08109310 PARENT DOCUMENT.
THE SECOND ISSUE IS LONGER TERM. WE MUST UNDERTAKE AN INTENSIVE
EFFORT TO IDENTIFY OTHER SITES OF RADIUM PROCESSING THAT MAY EXIST
THROUGHOUT THE COUNTRY. AND THIS WILL BE A DIFFICULT TASK.
DESPITE THE POTENCY OF RADIUM, LITTLE OR NO FEDERAL CONTROL OVER ITS
USE HAS EVER EXISTED. THUS, THERE IS LITTLE INFORMATION AS TO THE
EXTENT THAT RADIUM HAS BEEN AND IS BEING USED IN THIS COUNTRY. BASED ON
AN ESTIMATE THAT APPEARED IN PUBLIC HEALTH REPORTS IN 1963, ENTITLED
"PROBLEMS IN RADIATION CONTROL," VOL. 79, NO. 1, APRIL RADIUM FOR
DIFFERENT PURPOSES, RANGING FROM INDUSTRY TO MEDICAL COVERS ONLY 300 TO
700 GRAMS OF THIS TOXIC SUBSTANCE -- FAR LESS THAN THE 2,000 GRAMS THAT
HAVE BEEN IMPORTED OR PROCESSED IN THIS
IN OTHER WORDS, WE HAVE KNOWLEDGE OF ABOUT A THIRD OF THE TOTAL
AMOUNT OF RADIUM THAT HAS BEEN IMPORTED OR PROCESSED IN THE COUNTRY.
MR. ECKHARDT. WITHOUT OBJECTION, THE MATERIAL YOU REFERRED TO WILL
BE INSERTED AT THE APPROPRIATE PLACE IN THE RECORD.
MR. WIRTH. A NUMBER OF SCIENTIFIC PUBLICATIONS HAVC DETAILED THE
LOSS OR THEFT OF RADIUM, THROUGH IMPROPER HANDLING, UNSUPERVISED STORAGE
OR OUTRIGHT THEFT. OVER HALF THE RADIUM KNOWN TO HAVE EXISTED IN THE
COUNTRY IS UNACCOUNTED FOR. THUS, IT SEEMS LIKELY THAT, AT SOME TIME IN
THE FUTURE, WE WILL DISCOVER MORE RADIUM SITES IN THE COUNTRY. IT SEEMS
LOGICAL, THEN, GIVEN THE TOXICITY OF THE MATERIAL, THAT WE SHOULD HAVE
IN PLACE A PROGRAM TO DEAL WITH THESE PROBLEMS AS THEY ARISE IN THE
FUTURE SO THAT WE SIMPLY DO NOT HAVE TO REACT AS WE HAVE HAD TO REACT TO
THE DENVER SITUATION.
THE QUESTION THEN COMES BEFORE US, HOW SHOULD SUCH A PROGRAM BE
DESIGNED? SHOULD THERE BE A TRUST FUND SET UP, FUNDED ON A COST-SHARING
BASIS BY THE FEDERAL GOVERNMENT AND THE STATES? SHOULD THE FEDERAL
GOVERNMENT BE REQUIRED TO PAY ALL OF THE COST OF CLEANUP AND
IDENTIFICATION?
ONE IDEA WITH REGARD TO CHEMICAL WASTES HAS BEEN OFFERED BY THE
DISTINGUISHED CHAIRMAN OF THE TRANSPORTATION SUBCOMMITTEE, CONGRESSMAN
JAMES FLORIO. HE HAS SUGGESTED THAT THE CHEMICAL INDUSTRY PAY A CERTAIN
AMOUNT EACH YEAR INTO A REVOLVING FUND WHICH WOULD THEN BE USED TO CLEAN
UP WASTE SITES. IT MIGHT BE POSSIBLE TO INCLUDE RADIUM IN SUCH A TRUST
FUND, REQUIRING THOSE COMPANIES THAT CURRENTLY MINE URANIUM ORE TO PAY A
SHARE OF THE FUND, BUT, BECAUSE THE RADIUM INDUSTRY NO LONGER EXISTS,
THERE IS A REAL QUESTION OF EQUITY THAT ARISES ON THE TRUST FUND NOTION.
THUS, WE MIGHT ALSO WANT TO EXAMINE THE POSSIBILITY OF ESTABLISHING
AUTHORIZING LEGISLATION THAT WOULD SET UP A FORMULA BASED ON A COSTS ARE
INCURRED. THE DEPARTMENT OF ENERGY, IN ITS MAY 7 LETTER LEGISLATION OR,
IN THEIR WORDS, OTHER APPROPRIATE REMEDIES.
I LOOK FORWARD TO WORKING WITH YOU, MR. CHAIRMAN, AND WITH OTHER
A WORKABLE PLAN THAT WILL HELP DENVER AND COLORADO WITH THE
IMMEDIATE PROBLEM OF RADIUM, AND WHICH CAN ALSO DEAL ADEQUATELY
WITH THE FUTURE HAZARDS FROM AS YET UNIDENTIFIED BY CERTAINLY
ANTICIPATABLE RADIOACTIVE WASTE SITES.
THANK YOU, MR. CHAIRMAN.
(THE ATTACHMENTS REFERRED TO FOLLOW:)
HAZARDOUS WASTE DISPOSAL, WEDNESDAY, 790523
TESTIMONY OF WIRTH T E
PART 006 OF 11
WIRTH T E REPRESENTATIVE, CO
COLEMAN L R GENERAL COUNSEL
U.S. CONGRESS
DEPARTMENT OF ENERGY WASHINGTON, DC 20585
110104
HEARINGS
CORRESPONDENCE
TRANSCRIPT
HOUSE
ATTACHMENT TO 08109310 PARENT DOCUMENT.
ATTACHMENT A
TABLE OMITTED.
HAZARDOUS WASTE DISPOSAL, WEDNESDAY, 790523
TESTIMONY OF WIRTH T E
PART 007 OF 11
WIRTH T E REPRESENTATIVE, CO
COLEMAN L R GENERAL COUNSEL
U.S. CONGRESS
DEPARTMENT OF ENERGY WASHINGTON, DC 20585
110105
HEARINGS
CORRESPONDENCE
TRANSCRIPT
HOUSE
ATTACHMENT TO 08109310 PARENT DOCUMENT.
TABLE OMITTED.
HAZARDOUS WASTE DISPOSAL, WEDNESDAY, 790523
TESTIMONY OF WIRTH T E
PART 008 OF 11
WIRTH T E REPRESENTATIVE, CO
COLEMAN L R GENERAL COUNSEL
U.S. CONGRESS
DEPARTMENT OF ENERGY WASHINGTON, DC 20585
110106
HEARINGS
CORRESPONDENCE
TRANSCRIPT
HOUSE
ATTACHMENT TO 08109310 PARENT DOCUMENT.
TABLE OMITTED.
HAZARDOUS WASTE DISPOSAL, WEDNESDAY, 790523
TESTIMONY OF WIRTH T E
PART 009 OF 11
WIRTH T E REPRESENTATIVE, CO
COLEMAN L R GENERAL COUNSEL
U.S. CONGRESS
DEPARTMENT OF ENERGY WASHINGTON, DC 20585
110107
HEARINGS
CORRESPONDENCE
TRANSCRIPT
HOUSE
ATTACHMENT TO 08109310 PARENT DOCUMENT.
TABLE OMITTED.
HAZARDOUS WASTE DISPOSAL, WEDNESDAY, 790523
TESTIMONY OF WIRTH T E
PART 010 OF 11
WIRTH T E REPRESENTATIVE, CO
COLEMAN L R GENERAL COUNSEL
U.S. CONGRESS
DEPARTMENT OF ENERGY WASHINGTON, DC 20585
110108
HEARINGS
CORRESPONDENCE
TRANSCRIPT
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ATTACHMENT TO 08109310 PARENT DOCUMENT.
DEPARTMENT OF ENERGY WASHINGTON, D.C.20585
MAY 7 1979
HONORABLE JOHN D. DINGELL CHAIRMAN SUBCOMMITTEE ON ENERGY AND POWER
COMMITTEE ON INTERSTATE & FOREIGN COMMERCE HOUSE OF REPRESENTATIVES
WASHINGTON, D.C. 20515 THE MARCH 6, 1979, HEARINGS PERTAINING TO THE
DISCOVERY BY THE NUMEROUS FORMER RADIUM PROCESSING SITES IN THE DENVER
VICINITY.
BASED ON DISCUSSIONS BETWEEN DOE AND THE COLORADO DEPARTMENT OF
CONTROL ACT OF 1978 WOULD APPLY TO THE FORMER RADIUM PROCESSING
SITES IN THE DENVER VICINITY. THE SITES DO NOT CONTAIN "RESIDUAL
RADIOACTIVE MATERIAL" AS THAT TERM IS DEFINED IN THE ACT, NOR ARE
THEY SITES WHERE ALL OR SUBSTANTIALLY ALL OF THE URANIUM WAS
PRODUCED FOR SALE TO ANY FEDERAL AGENCY, WHICH IS ANOTHER
PREREQUISITE OF THE ACT. WE ARE NOT AWARE OF ANY FEDERAL
ASSISTANCE UNDER EXISTING AUTHORITY WHICH WOULD BE AVAILABLE TO THE
STATE OF COLORADO OR TO THE OWNERS OF THESE SITES FOR REMEDIAL
ACTION.
NEVERTHELESS, DOE HAS MADE SPECIALIZED RADIOLOGICAL ASSISTANCE
AVAILABLE TO THE COLORADO DEPARTMENT OF HEALTH FOR USE IN ITS SURVEY OF
THESE SITES AND HAS REQUESTED DATA FROM THE STATE THAT WOULD ALLOW US TO
MAKE A TECHNICAL EVALUATION OF THE ENVIRONMENTAL, HEALTH AND SAFETY
RISKS INVOLVED IN THE PRESENT SITUATION.
AT THE CONCLUSION OF THE STATE SITE SURVEY AND OUR TECHNICAL
EVALUATION, WE WILL BE IN A BETTER POSITION TO ASSESS THE NEED FOR
LEGISLATION OR SOME OTHER APPROPRIATE REMEDY FOR DEALING WITH THE
SITUATION.
LYNN R. COLEMAN GENERAL COUNSEL
CC: CONGRESSMAN TIMOTHY WIRTH
HAZARDOUS WASTE DISPOSAL, WEDNESDAY, 790523
TESTIMONY OF WIRTH T E
PART 011 OF 11
WIRTH T E REPRESENTATIVE, CO
COLEMAN L R GENERAL COUNSEL
U.S. CONGRESS
DEPARTMENT OF ENERGY WASHINGTON, DC 20585
110109
HEARINGS
CORRESPONDENCE
TRANSCRIPT
HOUSE
ATTACHMENT TO 08109310 PARENT DOCUMENT.
MR. WIRTH. THIS MORNING WE HAVE AS WITNESSES MR. GEORGE ROBINSON,
JR. FROM ROBINSON BRICK & TILE CO., WHERE THE FIRST RADIUM DISCOVERY WAS
MADE IN DENVER, AND MR. AL HAZLE FROM THE COLORADO DEPARTMENT OF HEALTH.
MR. ECKHARDT. THEY WILL BE CALLED IN ORDER. WE WOULD LIKE TO INVITE
YOU, MR. WIRTH, TO SIT WITH US.
MR. WIRTH. I WILL DO THAT, MR. CHAIRMAN. THANK YOU VERY MUCH.
MR. GORE. MR. CHAIRMAN, I DO NOT HAVE ANY QUESTIONS BECAUSE OUR
SUBCOMMITTEE ABOUT THIS PROBLEM FOR QUITE SOME TIME. I THINK THE
PEOPLE OF HIS DISTRICT ARE FORTUNATE TO HAVE SOMEBODY WHO CAN
VIGOROUSLY AND AS IMAGINATIVELY AS MR. WIRTH HAS.
MR. ECKHARDT. MR. LENT?
MR. LENT. THANK YOU, MR. CHAIRMAN.
I ALSO WANT TO THANK MY COLLEAGUE FROM COLORADO FOR HIS TESTIMONY
TODAY.
DO YOU HAVE ANY IDEA WHAT THE PRICE OF THIS CLEANUP IN THE DENVER
AREA MIGHT RUN INTO?
MR. WIRTH. MR. LENT, I THINK WE STILL HAVE TO DETERMINE WHICH SITES
ARE ECONOMICALLY EFFICIENT TO CLEAN UP AND WHICH ONES ARE BEST LEFT
ALONE. WE HAVE JUST FINISHED THE PROCESS OF IDENTIFYING WHERE THOSE
SITES ARE AND ARE NOW IN THE PROCESS OF DETERMINING WHICH ONES OUGHT TO
BE CLEANED UP. AS YOU KNOW, THIS IS A RELATIVELY NEW PROBLEM IN DENVER.
I DO NOT THINK WE YET HAVE CLEAR PARAMETERS ON WHAT THE COST SITUATION
MAY BE.
MR. LENT. YOU FURNISHED THE COMMITTEE WITH A LIST OF SOME 36 SITES
TOGETHER WITH YOUR TESTIMONY. WE HAVE MR. ROBINSON HERE. CAN HE GIVE
US AN IDEA OF WHAT IT WOULD COST TO CLEAN UP THE ROBINSON BRICK & TILE
CO. LOCATION?
MR. ECKHARDT. IT IS MY UNDERSTANDING THAT HE HAS THAT IN HIS REGULAR
TESTIMONY.
MR. LENT. I HAVE NO FURTHER QUESTIONS, MR. CHAIRMAN.
MR. ECKHARDT. MR. MOTTL?
MR. MOTTL. THANK YOU, MR. CHAIRMAN.
I WOULD LIKE TO JOIN MY COLLEAGUES IN CONGRATULATING MR. WIRTH ON THE
OUTSTANDING STATEMENT.
MR. WIRTH, DO YOU HAVE ANY KNOWLEDGE AS TO HOW LARGE THIS IS IN
SCOPE? IS IT A NATIONAL PROBLEM AT THIS TIME?
MR. WIRTH. THE BEST SENSE THAT WE HAVE ABOUT THIS, MR. MOTTL, IS
THAT THERE HAVE BEEN IMPORTED OR PROCESSED IN THE COUNTRY SOME 2,000
GRAMS OF RADIUM. WE ONLY KNOW WHERE LESS THAN HALF OF THAT WE DO NOT
KNOW WHERE -- 50 PERCENT OF THE AMOUNT IS. WE DO NOT KNOW
THAT, IT SEEMS TO ME, BEGINS TO DEFINE THE SIZE OF THE PROBLEM. IT
IS VERY MUCH LIKE ALL THE WASTE PROBLEMS THAT THIS SUBCOMMITTEE
PURSUING. WHO WOULD HAVE THOUGHT OF LOVE CANAL 4 YEARS AGO? DENVER IS
POTENTIALLY ANOTHER ONE OF THOSE TIME BOMBS THAT IS FLOATING AROUND THE
COUNTRY IN TERMS OF INDUSTRIAL AND OTHER WASTES THAT ARE GOING TO COME
BACK AND BITE US.
MR. MOTTL. THANK YOU, MR. CHAIRMAN.
MR. ECKHARDT. THANK YOU FOR YOUR EXCELLENT TESTIMONY BEFORE THIS
COMMITTEE. WE WOULD BE GLAD TO HAVE YOUR EXPERTISE ON THE MATTCR IN
QUESTIONING SOME OF THE WITNESSES AS WELL AS PARTICIPATING ON THE PANEL.
MR. WIRTH. THANK YOU.
MR. ECKHARDT. MR. GEORGE ROBINSON OF ROBINSON BRICK & TILE CO.,
DENVER, COLO., IS NEXT. MR. ROBINSON, WILL YOU COME FORWARD?
DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE
TRUTH, SO HELP YOU GOD?
MR. ROBINSON. I DO, SIR.
MR. ECKHARDT. YOU MAY PROCEED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 001 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110110
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
MR. ROBINSON. MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE, I AM
GEORGE ROBINSON, JR., TREASURER OF THE ROBINSON BRICK & TILE CO. OF
DENVER, COLO. SINCE GRADUATION IN JUNE, 1978 FROM BUSINESS SCHOOL, I
HAVE BEEN EMPLOYED BY THE ROBINSON BRICK & TILE CO. IN MY PRESENT
CAPACITY AS TREASURER.
ROBINSON BRICK & TILE CO. HAD ITS BEGINNING WHEN MY GREATGRANDFATER,
GEORGE W. ROBINSON, STARTED THE ROBINSON BRICK CO. IN 1880. NUMEROUS
REORGANIZATIONS AND RECOMBINATIONS RESULTED IN THE PRESENT ROBINSON
BRICK & TILE CO., WHICH EMPLOYS OVER 300 PEOPLE.
WE CURRENTLY MANUFACTURE A BROAD LINE OF QUALITY BUILDING AND PAVING
BRICK, MADE FROM LOCALLY MINED CLAYS, IN OUR TWO PLANTS IN DENVER, COLO.
WITH THE COMPLETION THIS PAST WINTER OF A NEW KILN AT OUR PLANT 2,
ROBCO'S THEORETICAL PRODUCTION CAPACITY IS ABOUT 120 MILLION MODULAR
BRICK EQUIVALENTS, OR ROUGHLY 240,000 TONS OF BRICK, WITH A SALES VALUE
OF ABOUT 15 MILLION.
IN 1941, WE TRADED A PROSPECTIVE PLANT SITE TO THE CITY AND COUNTY OF
DENVER FOR A PARCEL WHICH MAKES UP THE MAIN PORTION OF OUR CURRENT PLANT
1 SITE, LOCATED AT 500 SOUTH SANTA FE DRIVE, DENVER, COLO. ON JULY 12,
1950, ROBCO BOUGHT THE ADJACENT 3.4 ACRE CONTAMINATED PROPERTY FROM LUKE
E. SMITH. AT THAT TIME, IT WAS LEASED TO WESTERN MINERAL PRODUCTS CO.
AND THE ZONOLITE CO. IN 1952, ALL BUT TWO OF THE BUILDINGS ON THE
PROPERTY WERE TORN DOWN, AND SUBSEQUENTLY WE ERECTED THE CURRENT
GRINDING PLANT ON THE SOUTH PORTION OF THE PARCEL. UP UNTIL FEBRUARY
1979, WE HAD NO INDICATION OF THE HAZARDOUS MATERIAL LOCATED ON THE SITE
(EXHIBIT 1.)
ON FEBRUARY 8, 1979, MR. CHUCK MATTSON OF THE COLORADO
AND COUNTY DEPARTMENT OF HEALTH AND HOSPITALS, KNOCKED ON OUR
DOOR TO CONDUCT A GAMMA RADIATION SURVEY. THE SURVEY INDICATED
HIGH RADIATION LEVELS IN AND AROUND TWO LABORATORY BUILDINGS
AT THE NORTH END OF THE SITE. THOSE WERE THE TWO REMAINING
BUILDINGS.
THE NEXT DAY, AL HAZLE, JIM MONTGOMERY, AND CHUCK MATTSON OF THE
DEPARTMENT OF HEALTH DELIVERED A LETTER OF NOTIFICATION (EXHIBIT 2) TO
US, UPON RECEIPT OF WHICH THE LABORATORY BUILDINGS WERE VACATED AND
LOCKED.
AT THE REQUEST OF THE DEPARTMENT OF HEALTH, A MEETING WAS HELD AT
ROBINSON BRICK ON FEBRUARY 13, 1979, TO DISCUSS THE IMPLICATIONS OF THE
RADIOACTIVE WASTE, AND TO PREPARE A NEWS RELEASE (EXHIBIT 3). OVER THE
NEXT FEW WEEKS, SIX ROBCO EMPLOYEES WERE TESTED BY THE DEPARTMENT OF
HEALTH TO DETERMINE IF THE RADIATION HAD HAD ANY ADVERSE EFFECTS, AND
FURTHER RADIATION SURVEYS WERE CONDUCTED BY THE DEPARTMENT OF HEALTH.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 002 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110111
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
A REPORT OF THE RESULTS OF ONE OF THE MEDICAL TESTS WAS MAILED TO
ROBINSON BY THE DEPARTMENT OF HEALTH ON FEBRUARY 26, 1979 (EXHIBIT 4),
INDICATING NO ADVERSE EFFECTS. ANOTHER LETTER OF MARCH 16, 1979
(EXHIBIT 5), OFFICIALLY NOTIFIED ROBINSON OF THE RADIOACTIVE
CONTAMINATION. ALETTER OF MAY 7, 1979, FROM THE DEPARTMENT OF HEALTH
NOTIFIED ROBCO THAT ONE OF THE 5 EMPLOYEES TESTED HAD MARKED CHROMOSOMAL
ABERRATIONS, ALTHOUGH THE CAUSE WAS NOT CLEARLY INDICATED. FURTHER CORE
DRILLING WAS CONDUCTED IN LATE MARCH, THE RESULTS OF WHICH WERE REPORTED
TO ROBINSON IN THE COLORADO DEPARTMENT OF HEALTH'S LETTER OF MAY 9,
1979.
THE DISCOVERY OF RADIOACTIVE WASTE ON ROBCO PROPERTY HAS HAD ADVERSE
EFFECTS ON OUR COMPANY. A TREMENDOUS AMOUNT OF INCOMPLETE AND
INACCURATE MEDIA REPORTING HAS PROMPTED NUMEROUS PHONE CALLS TO ROBCO
AND TO THE DEPARTMENT OF HEALTH, INQUIRING INTO THE RADIOACTIVITY OF
BRICK PRODUCED BY THE COMPANY. PEOPLE WITH OLDER HOMES, NEWER HOMES,
HOMES UNDER CONSTRUCTION, RADIOACTIVE. ALTHOUGH THEY WERE ALL ASSURED
THAT THE BRICK WAS NOT RADIOACTIVE, IT WAS APPARENT THAT MANY CALLERS
WERE SKEPTICAL OF THE EXPLANATIONS.
WE AT ROBINSON WONDER WHAT EFFECTS BAD PUBLICITY AND FEAR OF OUR
PRODUCT WILL HAVE ON OUR SALES, ESPECIALLY OVER THE LONG TERM. BECAUSE
SO MANY FACTORS INFLUENCE OUR SALES VOLUME, IT WOULD BE IMPOSSIBLE TO
MEASURE THE INFLUENCE OF RADIOACTIVITY ON OUR SALES VOLUME.
IT IS MUCH EASIER TO MEASURE THE EFFECT OF THIS DISCOVERY ON
PRODUCTIVITY AT ROBINSON BRICK AND TILE CO. WE HAVE BEEN BESET BY THE
MEDIA, VARIOUS GOVERNMENT AGENTS, URANIUM PROSPECTORS, AND OTHER FORTUNE
HUNTERS, WHICH HAS RESULTED IN A SERIOUS DEGRADATION OF JOB PERFORMANCE.
WE ESTIMATE THAT APPROXIMATELY 1,000 MAN-HOURS OF MANAGEMENT TIME HAS
BEEN DIVERTED FROM ROBCO BUSINESS TO DEALING WITH THIS RADIOACTIVE WASTE
PROBLEM, AT A DIRECT COST TO THE COMPANY OF ABOUT $10,000. THE INDIRECT
COSTS OF THIS DIVERTED TIME ARE MUCH GREATER, ALTHOUGH MORE DIFFICULT TO
ESTIMATE. ROBCO CURRENTLY HAS TWO MAJOR RESEARCH AND DEVELOPMENT
PROJECTS UNDERWAY, BOTH OF WHICH HAVE EXCELLENT PROFIT POTENTIAL.
THE PEOPLE WHO ARE KEY TO THESE PROJECTS HAD HAD A LARGE PROPORTION
OF THEIR TIME DIVERTED TO MOVING OUR LABORATORY FACILITIES, DELAYING
PROJECTS BY ROUGHLY 3 MONTHS. AT A MINIMUM THESE PROJECTS MAY INSURE
ROBCO'S CONTINUED EXISTENCE IN THIS CHANGING ORLD. IF BOTH PROJECTS
PRODUCE THEIR MAXIMUM POTENTIAL PROFITS, A 3-MONTH DELAY RESULTS IN AN
OPPORTUNITY COST OF UP TO $10,000 MILLION FOR OUR COMPANY. IT IF
OBVIOUS THAT THE HARD TO MEASURE RIPPLE EFFECTS OF THESE HAZARDOUS
WASTES DISCOVERIES CAN BE EXTREMELY LARGE.
ANOTHER DIRECT COST WHICH ROBCO HAS INCURRED IS THAT OF MOVING
OURLABORATORY FACILITIES. TO PASICALLY DUPLICATE OUR OLD LAB IN A NEW
BUILDING WOULD COST APPROXIMATELY $200,000 AND REQUIRE PERHAPS A YEAR
FROM START TO COMPLETION. SINCE WE COULD NOT POSSIBLY AFFORT TO
INTERRUPT OUR RAW MATERIALS TESTING AND QUALITY CONTROL MONITORING FOR 1
YEAR, POSSIBLE.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 003 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110112
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
WE MOVED OUR BAGGED RAW MATERIALS OUT OF AN AREA OF OUR STEEL SKINNED
PLANT PUILDING, AND PUT THEM OUTSIDE UNDER PLASTIC TARPS, WHICH IS NOT A
VERY GOOD WAY TO STORE THESE TYPES OF MATERIALS.
NEXT, NEW FACILITIES HAD TO BE CONSTRUCTED IN THE FACATED SECTION OF
OUR PLANT BUILDING, AND FINALLY ALL THE LAB EQUIPMENT HAD TO BE CLEANED
AND MOVED TO THE NEW FACILITIES. THE NEW LAB IS JUST NOW BECOMING
OPERATIONAL, AFTER APPROXIMATELY 3 MONTHS. AN EXAMINATION MAY 21, 1979,
OF THE ALMOST COMPLETED WORK ORDER INDICATED $25,346.26 HAS BEEN
EXPENDED TO DATE (EXHIBIT 7). DURING THIS PERIOD NUMEROUS PRODUCTION
RUNS WERE DELAYED BY A LACK OF TESTED CLAY, AND ROBCO PRODUCT QUALITY
HAS NOTICEABLY DECLINED. AGAIN, IT IS DIFFICULT TO MEASURE THE EFFECTS
OF DELIVERY DEALYS AND DECLINING QUALITY ON OUR SALES.
AN EFFECT THAT MAY BE MEASURABLE IN THE FUTURE INVOLVES INSURANCE AND
OUR COMPANY'S LIABILITY. WE ARE PROBABLY NOW TARGETS FOR EXPENSIVE
PRODUCT LIABILITY LAWSUITS, ALLEGING THAT OUR RADIOACTIVE BRICK HAVE HAD
ADVERSE HEALTH EFFECTS. UNDOUBETEDLY, CLAIMS WILL BE MADE AGAINST OUR
WORKMEN'S COMPENSATION INSURANCE AND OUR INSURANCE RATES WILL ESCALATE.
WE ARE ALREADY AWARE OF AT LEAST TWO INQUIRIES INTO THE POSSIBLE
CORRELATION OF FORMER EMPLOYEES' HEALTH PROBLEMS WITH THE RADIOACTIVE
WASTE LEFT BEHIND BY THE NATIONAL RADIUM INSTITUTE. ROBINSON BRICK &
TILE CO. MAY HAVE DIFFICULT LEGAL PROBLEMS.
A NONQUANTIFIABLE EFFECT OF THIS WASTE IS WHAT IT HAS DONE TO
ROBINSON'S EMPLOYEES. ASIDE FROM POTENTIAL PHYSICAL HEALTH PROBLEMS,
THE PSYCHOLOGICAL REACTIONS TO FEAR AND UNCERTAINTY CAN BE DAMAGING FOR
EMPLOYEES AND THEIR FAMILIES. NOBODY UNDERSTANDS THE RESULTS OF
EXPOSURE TO LOW-LEVEL RADIOACTIVITY. BECAUSE YOU CANNOT SEE, HEAR, OR
SMELL IT, AND BECAUSE IT DOES INSIDIOUS LONG-TERM DAMAGE, RADIATION IS A
VERY SCARY THING. EMPLOYEES IN THE FUTURE.
BASED ON THE COLORADO DEPARTMENT OF HEALTH'S LETTER OF MAY 16, 1979
(EXHIBIT 8), ROBCO IS SITTING ON APPROXIMATELY 3,400 CUBIC YARDS OF
CONTAMINATED WASTE, WHICH WILL PROBABLY COST A MINIMUM OF $50,000 TO
REMOVE. HOWEVER, REMOVAL OF THE MATERIAL MAY NECESSITATE STOPPING
PRODUCTION AT ROBCO, BECAUSE SOME OF THE WASTE LIES UNDER OUR GRINDING
PLANT. THIS SHUTDON WOULD COST US ABOUT $150,000 A WEEK AND PUT 150
PEOPLE OUT OF WORK, NOT INCLUDING THE COST OF EXCAVATING AROUND OUR
FACILITIES OR REPLACING THE FACILITIES, IF THAT IS NECESSARY. THUS,
REMOVAL OF THESE WASTES COULD PROVEEXTREMELY EXPENSIVE. IF ROBINSON
BRICK & TILE CO. WERE TO FOOT THE BILL, IT WOULD SURELY PUSH US INTO
BANKRUPTCY.
WE AT ROBINSON BRICK & TILE CO. CERTAINLY DO NOT FEEL WE SHOULD BE
HELD RESPONSIBLE FOR REMOVING THESE RADIOACTIVE WASTES, SINCE WE NEVER
EVEN KNEW THEY WERE THERE UNTIL THIS FEBRUARY. THIS DISCOVERY HAS
ALREADY COST US A GREAT DEAL OF MONEY, AND THE WASTE HAS NOT EVEN BEEN
MOVED YET. ALL OUR INSURANCE POLICIES SPECIFICALLY EXCLUDE
RADIOACTIVITY FROM COVERAGE, AND SO WE HAVE NO CHOICE BUT TO APPEAL TO
OUR GOVERNMENT FOR HELP. INDEED, WE BELIEVE THE FEDERAL GOVERNMENT,
SPECIFICALLY THE BUREAU OF MINES AND THE DEPARTMENT OF THE INTERIOR, IS
RESPONSIBLE FOR THE EXPENSES WE HAVE INCURRED AND MAY INCUR, BECAUSE IT
WAS THE BUREAU OF MINES THAT SUPERVISED AND DIRECTED THE OPERATIONS OF
THE NATIONAL RADIUM INSTITUTE, ALTHOUGH THE INSTITUTE WAS PRIVATELY
FUNDED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 004 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110113
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
WE THEREFORE APPEAL TO THIS COMMITTEE FOR HELP IN DEALING WITH THIS
PROBLEM.
THANK YOU.
MAP OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 005 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110114
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
THIS LETTER IS TO SUMMARIZE A PRELIMINARY SURVEY DONE BY MR. C. E.
MATTSON OF THIS DEPARTMENT, AND MR. TOM STAUCH OF THE DENVER CITY AND
COUNTY DEPARTMENT OF HEALTH AND THE SURVEY WAS PROMPTED BY THREE
BULLETINS DATED 1917, FROM THE DEPARTMENT OF INTERIOR, BUREAU OF MINES,
WHICH DESCRIBED BUT DID NOT LOCATE A RADIUS MILL IN THE DENVER AREA.
COPIES OF THESE BULLETINS ARE ENCLOSED FOR YOUR INFORMATION. THE MILL
WAS REPORTED IN A 1915 DENVER BUSINESS DIRECTORY TO HAVE BEEN LOCATED AT
WEST VIRGINIA AND SOUTH ELATI STREETS. MESSRS. MATTSON AND STAUCH, WITH
THE COOPERATION OF MR. HARRIS, USING GAMMA RADIATION SURVEY METERS,
LOCATED SEVERAL AREAS OUTSIDE AND WITHIN BUILDINGS ON YOUR PROPERTY
WHICH PRODUCE GAMMA RADIATION LEVELS RANGING FROM 80 TO 160 TIMES
NATURAL BACKGROUND.
THIS DEPARTMENT HAS SERIOUS CONCERN ABOUT THE LEVELS OF EXPOSURE TO
YOUR EMPLOYEES FROM THIS RADIATION. PAST AND PRESENT EMPLOYEES WORKING
IN THE AFFECTED BUILDINGS MUST BE GIVEN INFORMATION CONCERNING THE
RADIATION LEVELS AND THE NEED FOR THEIR COOPERATION IN FURTHER STUDIES
OF THE PROBLEM. THE LABORATORY BUILDING MUST BE IMMEDIATELY VACATED BY
ALL PERSONNEL AND THE AREA SECURED UNTIL A FULL EVALUATION OF THE
SITUATION CAN BE COMPLETED. DUPON NOTIFICATION OF THE EMPLOYEES YOU
SHOULD ALSO BE PREPARED TO DISCUSS THE SITUATION PUBLICALLY. THIS MAY
ALSO ASSIST YOU IN LOCATING FORMER EMPLOYEES.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 006 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110115
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
THIS DEPARTMENT WILL ASSIST YOU IN MEASURING THE EXTENT OF THE
CONTAMINATION AND EXPOSURES TO PERSONNEL BY THE USE OF FILM BADGES,
RADON MONITORING, ADDITIONAL SURVEYS, AND SOIL ANALYSES INCLUDING CORE
DRILLING TO DETERMINE THE DEPTH OF THE CONTAMINATION. YOUR COOPERATION
WILL BE NEEDED IN CONDUCTING THESE ADDITIONAL TESTS.
NOW OR IN THE NEAR FUTURE IT MAY BE NECESSARY FOR YOU TO OBTAIN THE
SERVICES OF A PROFESSIONAL RADIATION CONSULTANT. ENCLOSED IS A LIST OF
CONSULTANTS (KNOWN AS HEALTH PHYSICISTS) WHICH HAVE CONTACTED OUR
DEPARTMENT.
WE REALIZE THE CORRECTION OF THIS SITUATION MAY BE FRUSTRATING AND
DIFFICULT FOR YOU AND YOUR COMPANY. THIS DEPARTMENT JURISDICTION. AS
UNFORTUNATE AS IT MAY SEEM, IT WILL BE YOUR RESPONSIBILITY TO REMOVE THE
RADIOACTIVE WASTE ON YOUR PROPERTY WHICH IS PRODUCING THIS RADIATION
HAZARD. THE URANIUM ORE WAS PROCESSED ONLY FOR ITS RADIUM CONTENT, AND
IT MAY BE POSSIBLE TO RECOVER SOME URANIUM RESOURCE.
IF YOU HAVE QUESTIONS CONCERNING THIS LETTER OR NEED ADDITIONAL
INFORMATION PLEASE CONTACT THIS DIVISION.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 007 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110116
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
DENVER -- ROBINSON BRICK & TILE CO. OFFICIALS TODAY ANNOUNCED PLANS
TO BEGIN AN EVALUATION OF RADIOACTIVE WASTES RECENTLY DISCOVERED ON A
SMALL PORTION OF THE COMPANY'S PROPERTY LOCATED AT 500 S. SANTA FE
DRIVE, DENVER, COLORADO.
THE COLORADO DEPARTMENT OF HEALTH NOTIFIED THE COMPANY FEB. 8 OF THE
POSSIBLE EXISTENCE OF THE RADIOACTIVE WASTES AFTER LEARNING THAT A
RADIUM MILL HAD OPERATED ON A TWO OR THREE-ACRE FROM AT LEAST 1914 TO
1915. A PRELIMINARY RADIATION SURVEY CONDUCTED BY THE DEPARTMENT
CONFIRMED THE PRESENCE OF RADIOACTIVE MATERIAL ON THE PORTION OF THE
PROPERTY OCCUPIED BY LABORATORY BUILDINGS.
THE STATE HEALTH DEPARTMENT WAS NOTIFIED BY THE U.S. ENVIRONMENTAL
PROTECTION AGENCY (EPA) LAST WEEK OF REFERENCES TO THE "NATIONAL RADIUM
INSTITUTE" OF DENVER IN THREE 1917 U.S. BUREAU OF MINES BULLETINS. EPA
HAS BEEN CONDUCTING A STUDY OF SUCH SITES AND HAS INDICATED OTHERS MAY
ALSO EXIST.
A DENVER EPA OFFICIAL LOCATED THE INSTITUTE'S ADDRESS IN A 1915
DENVER BUSINESS DIRECTORY AND NOTIFIED THE RADIATION AND HAZARDOUS WASTE
CONTROL DIVISION OF THE STATE HEALTH DEPARTMENT.
THE DEPARTMENT IMMEDIATELY ARRANGED TO CONDUCT A PRELIMINARY
RADIATION SURVEY AT THE SITE, WORKING IN COOPERATION WITH THE DENVER
DEPARTMENT OF HEALTH AND HOSPITALS. THE LIMITED SURVEY INDICATED
RADIATION LEVELS RANGING FROM NATURAL BACKGROUND READINGS TO 1600
MICRO-ROENTGENS PER HOUR IN SMALL ISOLATED AREAS.
PRELIMINARY ESTIMATES BY STATE HEALTH OFFICIALS HAVE INDICATED WHOLE
BODY GAMMA RADIATION EXPOSURES TO BE LESS THAN 30% OF THE MAXIMUM
PERMISSABLE LEVELS FOR RADIATION WORKERS. HOWEVER, FURTHER STUDIES WILL
BE NECESSARY TO ACCURATELY DETERMINE THE TOTAL EXPOSURE INCLUDING THAT
FROM RADON, A RADIOACTIVE GAS PRODUCED AS RADIUM ATOMS DECAY.
THE PRINCIPAL CONTAMINATION WAS FOUND UNDER AND AROUND TWO SMALL
LABORATORY BUILDINGS ON THE NORTH END OF THE PROPERTY. ROBINSON
OFFICIALS VACATED THE BUILDINGS IN CO-OPERATION WITH RECOMMENDATIONS BY
THE STATE HEALTH DEPARTMENT.
THE APPROXIMATELY FIVE EMPLOYEES WHO HAVE WORKED IN THE LABORATORY
AREAS, IN THE PAST, WERE NOTIFIED, AND THE COMPANY IS ARRANGING FOR A
SERIES OF TESTS TO DETERMINE IF ANY HEALTH PROBLEMS EXIST, IN
COOPERATION WITH STATE HEALTH OFFICIALS.
"THESE LEVELS OF RADIATION WILL NOT PRODUCE IMMEDIATE HEALTH
PROBLEMS," SAID JIM MONTGOMERY, SECTION CHIEF OF THE DIVISION OF
RADIATION AND HAZARDOUS WASTES CONTROL." "LONG TERM HEALTH EFFECTS, IF
THEY EXIST AT ALL, WILL BE HARD TO IDENTIFY," MONTGOMERY PREDICTED. HE
SAID, "HEALTH EFFECTS DUE TO LONG TERM EXPOSURE WILL BE EVALUATED
THROUGH THESE ADDITIONAL TESTS WHICH WILL INCLUDE WHOLE BODY RADIATION
COUNTING, AND URINE AND BLOOD ANALYSES OF THE INDIVIDUALS INVOLVED."
WITHIN THE NEXT 30 DAYS, THE DEPARTMENT OF HEALTH PLANS FURTHER
STUDIES TO MORE PRECISELY DEFINE THE PROBLEM. THE STUDIES WILL INCLUDE,
1) A THOROUGH RADIATION SURVEY OF THE AREA; 2) A SURVEY OF SURFACE
CONTAMINATION INSIDE THE AFFECTED BUILDINGS; 3) AIR SAMPLING TO MEASURE
INDOOR RADON LEVELS; AND 4) CORE DRILLING TO MEASURE DEPTH AND VOLUME
OF CONTAMINATION.
ROBINSON BRICK AND TILE IS CONSIDERING HIRING A PROFESSIONAL
RADIATION CONSULTING FIRM TO WORK WITH STATE HEALTH PHYSICISTS TO
DEVELOP PLANS FOR REMOVAL OF RADIOACTIVE WASTES, WHEN THEY ARE DEFINED.
F. GEORGE ROBINSON, THE PRESIDENT OF THE COMPANY, SAID ALL MATERIALS
USED FOR MANUFACTURING ITS BRICK AND TILE PRODUCTS
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 008 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110117
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
DATE: MAY 23, 1979
TIME: 10:00 A.M.
PLACE: ROOM 2359 PAYBURN HOUSE OFFICE BUILDING
LOW-LEVEL RADIATION WASTE - DENVER RADIUM;
RECLAIMED PHOSPHATE MINING LAND IN FLORDIA; AND
USE OF PHOSPHATE SLAG AS BUILDING MATERIAL IN MONTANA.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 009 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110118
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
THE FOLLOWING REPORT IS SUBMITTED ON THOSE OF YOUR PERSONNEL THAT HAD
A WHOLE BODY COUNT AT OUR WHOLE BODY COUNTING FACILITY ON FEBRUARY 22,
1979.
TABLE OMITTED
THESE DATA ARE COMPARABLE TO GENERAL POPULATION WHOLE BODY RESULTS.
NO OTHER GAMMA EMITTING RADIONUCLIDES WERE NOTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 010 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110119
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
THE PURPOSE OF THIS LETTER IS TO OFFICIALLY NOTIFY YOU THAT PORTIONS
OF YOUR PROPERTY LOCATED AT 500 SOUTH SANTA FE DRIVE ARE CONTAMINATED
WITH RADIOACTIVE MATERIAL WHICH PROBABLY ORIGINATED FROM THE PROCESSING
OF RADIUM COMPOUNDS DURING THE EARLY 1900'S.
SURVEYS FOR GAMMA RADIATION INDICATE THE CONTAMINATION IS CONFINED TO
THE SOIL SURROUNDING AND UNDERNEATH TWO SMALL LABORATORY BUILDINGS
LOCATED NEAR THE NORTH END OF YOUR PROPERTY. A COPY OF THE SURVEY MAP
SHOWING THE RELATIVE RADIATION READINGS IS ENCLOSED.
BASED ON ANALYSIS OF THESE GAMMA RADIATION LEVELS AND RADON DAUGHTER
CONCENTRATIONS WE RECOMMEND THE BUILDINGS REMAIN VACANT.
RESULTS OF THE WHOLE BODY GAMMA RADIATION EVALUATIONS ON FIVE OF YOUR
EMPLOYEES INDICATE NO INTERNAL DEPOSITION OF RADIOACTIVE MATERIAL ABOVE
NORMAL. THE RESULTS OF THE BLOOD STUDIES HAVE NOT BEEN COMPLETED BY
DENVER UNIVERSITY BUT WE
RESULTS OF CORE DRILLING CONDUCTED ON YOUR PROPERTY INDICATE
CONTAMINANTS RANGING FROM A FEW INCHES TO SEVERAL FEET IN DEPTH. WE
WILL BE CONTACTING YOU WITHIN A FEW DAYS CONCERNING FURTHER CORE
DRILLING. THE PURPOSE OF THIS DRILLING WILL BE TO ESTIMATE THE VOLUME
AND DEGREE OF CONTAMINATION. WITH THIS DATA A REASONABLY ACCURATE
ESTIMATE OF THE REMOVAL AND DECONTAMINATION COSTS CAN BE MADE.
THE MOST SERIOUS POTENTIAL HAZARD FROM THE CONTAMINATION IS PHYSICAL
CONTACT WITH THE RADIOACTIVE MATERIAL. THIS COULD OCCUR IF SOIL
EXCAVATION OR MOVEMENT WERE CONDUCTED IN THE CONTAMINATED AREAS.
PHYSICAL CONTACT IN THIS MANNER COULD RESULT IN SERIOUS RADIATION
EXPOSURE DUE TO INHALATION OR INGESTION OF RADIOACTIVE MATERIAL. FOR
THIS REASON IT IS IMPERATIVE THAT YOU NOT CONDUCT ANY EXCAVATION OR SOIL
MOVEMENT PROJECTS ON YOUR PROPERTY WITHOUT FIRST CONTACTING THIS
DIVISION.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 011 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110120
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
AT THIS TIME I CAN PROVIDE ONLY LIMITED INFORMATION REGARDING WHO MAY
PAY FOR THE COST OF REMOVAL AND DISPOSAL. SEVERAL OF OUR ELECTED
REPRESENTATIVES ARE WORKING TO FIND BOTH FEDERAL AND STATE ASSISTANCE.
A REPRESENTATIVE OF THE U.S. BUREAU OF MINES HAS ALREADY BEEN IN CONTACT
WITH YOU.
THE EXTENSIVE EVALUATIONS CONDUCTED ON THE ROBINSON BRICK AND TILE
COMPANY HAVE REVEALED NO INDICATION THAT ANY PRODUCTS MANUFACTURED
AND/OR DISTRIBUTED BY YOUR COMPANY ARE OR COULD BE CONTAMINATED WITH
RADIOACTIVE MATERIAL FOUND ON YOUR PROPERTY.
I REALIZE THE ECONOMIC IMPACT THIS RADIOACTIVE DISPOSAL SITE
DISCOVERY IS HAVING ON YOUR BUSINESS. YOU CAN BE ASSURED WE WILL DO
EVERYTHING WITHIN OUR POWER AND JURISDICTION TO ASSIST YOU IN THE FINAL
RESOLUTION OF THIS PROBLEM.
PLEASE ACCEPT MY APOLOGY IN NOT GETTING THIS LETTER TO YOU SOONER.
THE WORKLOAD AND PRESSURE ON OUR STAFF DURING THE PAST FOUR WEEKS HAS
BEEN INCREDIBLE AND YOUR CONTINUED COOPERATION AND PATIENCE WILL BE
APPRECIATED.
IF YOU HAVE QUESTIONS CONCERNING THIS LETTER OR THE EVALUATION
DIVISION.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 012 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110121
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
SURVEY MAP OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 013 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110122
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
SURVEY MAP OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 014 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110123
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
SURVEY MAP OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 015 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110124
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
SURVEY MAP OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 016 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110125
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
ATTACHED FOR YOUR INFORMATION IS A SUMMARY OF THE DATA COLLECTED
DURING THE DRILLING AT ROBINSON BRICK AND TILE BY THIS DEPARTMENT. AS
ADDITIONAL INFORMATION REGARDING THE BURIED RADIOACTIVE MATERIALS IS
RECEIVED WE WILL FORWARD COPIES TO YOUR OFFICE.
IF WE MAY BE OF ANY ADDITIONAL SERVICE, OR IF YOU HAVE ANY QUESTIONS,
PLEASE CONTACT THIS DIVISION.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 017 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110126
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
OF GAMMA LOGS AND IN-HOLE GAMMA SPECTRA; URANIUM TEST
HOLES, DENVER, COLORADO, MARCH 26-29, 1979.
I HAVE BEEN REQUESTED TO ASSIST IN YOUR EFFORTS TO DEFINE THE EXTENT,
CONCENTRATION, AND CHARACTER OF RADIOACTIVE CONTAMINATION RECENTLY
DISCOVERED IN THE DENVER AREA. THIS MEMO PROVIDES PRELIMINARY
INTERPRETATION OF BOREHOLE DATA COLLECTED BY THE SURVEY IN 51 OF YOUR
BOREHOLES DURING THE PERIOD MARCH 26-29, 1979. THE FOLLOWING TABLE IS
AN ATTEMPT TO SUMMARIZE THESE DATA. A TOTAL OF 65 LOGS ARE ENCLOSED
WITH THIS MEMORANDUM.
TABLE OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 018 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110127
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
TABLE OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 019 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110128
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
TABLE OMITTED.
BECAUSE OF THE EXTREMELY SHORT NOTICE WE WERE UNABLE TO RETURN ONE OF
OUR RESEARCH TRUCKS TO DENVER; IT WAS, THEREFORE, NECESSARY TO MODIFY
AND ADAPT EQUIPMENT TO A BOREHOLE GEOPHYSICS SERVICE UNIT LOGGING TRUCK
OPERATED BY DICK MCCULLOUGH. DICK CERTAINLY DESERVES CREDIT FOR
CHANGING HIS SCHEDULE AND THE EXTRA TIME HE PUT IN TO MODIFY AND REPAIR
EQUIPMENT. THE PROBE UTILIZED FOR THE GAMMA LOGS WAS NOT CALIBRATED IN
TERMS OF URANIUM EQUIVALENT OR MR/HR BUT BOTH CAN STILL BE DONE. DICK
PLANS TO GO TO THE DOE CALIBRATION PITS IN GRANT JUNCTION THE WEEK OF
APRIL 9 IN ORDER TO CALIBRATE THE PROBE IN TERMS OF AN EQUIVALENT AMOUNT
OF EU308 (DENOTED EU308) SO THIS INFORMATION SHOULD BE AVAILAPLE LATER.
WE WERE ABLE TO LOCATE A URANIUM FIELD STANDARD I HAD CONSTRUCTED MANY
YEARS AGO. THIS DEVICE WAS CHECKED BY THE AEC AND GIVEN A PROBE
RESPONSE VALUE OF APPROXIMATELY 1 PERCENT EU308 WITH THE PROBE USED TO
MAKE THE ENCLOSED LOGS WE OBTAINED AN AVERAGE VALUE OF 2550 COUNTS PER
SECOND (CPS) IN THIS STANDARD. WE CANNOT NECESSARILY ASSUME A LINEAR
RELATIONSHIP OF CPS EU308 NOR THAT THE MATERIAL LOGGED IS IN RADIOMETRIC
EQUILIBRIUM. IF IT IS IN EQUILIBRIUM IT CERTAINLY APPEARS TO BE OF ORE
GRADE.
THE THICKNESSES LISTED IN THE TABLE ARE BASED ON THE HALF AMPLITUDE
METHOD AND THE DEPTH IS GIVEN AT THE MAXIMUM COUNT RATE IN MOST CASES.
I THINK IT IS IMPORTANT TO ESTABLISH WHAT THE NATURAL BACKGROUND
RADIATION LEVEL IS IN THESE AREAS, SO I HAVE LISTED AN AVERAGE VALUE
WHERE I AM REASONABLY CERTAIN THERE IS LITTLE OR NO CONTAMINATION.
THE LOGS INDICATE THAT IN SOME AREAS PART OF THE CONTAMINATION IS TOO
DEEP TO BE DETECTED AT THE STUFACE. MOST OF THE RADIATION YOU ARE
DETECTING WITH SURFACT INSTRUMENTS PROBABLY ORIGINATE IN THE FIRST 18
INCHES OF THE SUBSURFACE. FURTHERMORE, OUR LOGS OF A NUMBER OF HOLES
DID NOT RETURN TO BACKGROUND AT THE SURFACE AND YOU SHOULD BE AARE OF
THE FACT THAT THE SURFACE RADIOACTIVITY AT THESE POINTS IS PROBABLY
GREATER THAN THE IS INTERSECTED BY THE SURFACE PLANS ONLY ONE HALF OF
THE VOLUME OF INVESTIGATION IS FILLED BY RADIOACTIVE MATERIAL AND THUS
THE MEASUREMENT IS LOER THAN IT SHOULD BE.
SEVERAL TIMES DURING PRELIMINARY MEETINGS THE QUESTION AS TO WHICH
RADIOISOTOPES WERE PRESENT WAS BROUGHT UP. IN AN ATTEMPT TO SHED SOME
LIGHT ON THIS PROBLEM WE FLEW IN GAMMA SPECTRAL EQUIPMENT AND
TEMPORARILY MOUNTED IT IN THE ONLY LOGGING TRUCK THAT WAS IMMEDIATELY
AVAILABLE. WE RECORDED SPECTRA IN THE MOST RADIOACTIVE HOLES AT FOUR
DIFFERENT SITES. IN EACH OF THESE THE SPECTRA INDICATED THE PRESENCE OF
RADIOISOTOPES IN THE URANIUM DECAY SERIES AND NO SIGNIFICANT
CONCENTRATIONS OF THORIUM. THE GAMMA SPECTRA WERE DIGITIZED IN THE
EVENT THAT QUANTITATIVE INTERPRETATION BECOMES IMPORTANT AND CALIBRATION
DATA BECOME AVAILABLE.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 020 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110129
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
THE FOLLOWING TABLE LISTS THE SPECTRA AND MAJOR CONCLUSIONS FROM EACH.
COPIES OF SPECTRAL PLOTS MADE IN THE FIELD ARE ALSO ENCLOSED.
TABLE OMITTED
TABLE II GAMMA SPECTRA
RADIOISOTOPES IN THE URANIUM DECAY SERIES ARE OBVIOUSLY RESPONSIBLE
FOR MOST OF THE ANOMALOUSLY HIGH RADIOACTIVITY MEASURED IN THE TEST
HOLES DRILLED ON THIS PROJECT. THESE SPECTRA DO NOT DIFFER
QUANTITATIVELY FROM CHARACTERISTIC SPECTRA FOR URANIUM ORE. A COPY OF
SUCH A SPECTRUM FROM HEATH'S GAMMA RAY SPECTRUM CATALOGUE IS ENCLOSED
FOR YOUR INFORMATION. THE MAJOR GAMMA ENERGY PEAKS ARE MOSTLY FROM
BISMUTH 214 WHICH IS ONE OF THE URANIUM DAUGHTERS ALONG WITH RADIUM 226.
NEITHER THE GAMMA LOGS NOR THE SPECTRA PROVE THE PRESENCE OF URANIUM IN
ECONOMICALLY EXTRACTABLE QUANTITIES WITHOUT SEPARATE EVIDENCE ON THE
STATE OF EQUILIBRIUM OF THE MATERIAL. THIS MUST BE OBTAINED BY RUNNING
BOTH CHEMICAL AND RADIOMETRIC ANALYSES FOR URANIUM ON THE SAME SAMPLES.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 021 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110130
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
GRAPH OMITTED.
MAP OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 022 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110131
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
TABLE OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 023 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110132
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
TABLE OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 024 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110133
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
TABLE OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 025 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110134
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
TABLE OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 026 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110135
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
TABLE OMITTED
FORM OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 027 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110136
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
TABLE OMITTED
FORM OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 028 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110137
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
ENCLOSED IS A COPY OF THE RESULTS OF THE CORE DRILLING PERFORMED ON
YOUR PROPERTY FEBRUARY 22 AND MARCH 29, 1979. BASED ON THESE RESULTS IT
IS ESTIMATED THAT APPROXIMATELY 3371 CUBIC YARDS OF CONTAMINATED SOIL
WILL NEED TO BE REMOVED FROM YOUR PROPERTY AND REPLACED WITH CLEAN FILL.
WE ARE REQUESTING THAT DEFERAL AND/OR STATE MONEY BE MADE AVAILABLE
TO DEFRAY THE COST OF DECONTAMINATION. THEREFORE, WE ADVISE AGAINST
INITIATION OF CONSTRUCTION OVER CONTAMINATED AREAS OR ATTEMPTS TO REMOVE
THE CONTAMINATION YOURSELF, AT THIS COULD DISQUALIFY YOUR COMPANY FROM
GOVERNMENT FINANCIAL ASSISTANCE.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS LETTER, PLEASE CONTACT THIS
DIVISION.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 029 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110138
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
MAP OMITTED.
TESTIMONY OF ROBINSON F G
HAZARDOUS WASTE DISPOSAL
790523
PART 030 OF 37
ROBINSON F G TREASURER
HAZLE A J DIRECTOR, RADIATION AND HAZARDOUS WASTES CONTROL DIVISON
SOMERS W M HEALTH PHYSICIST
CHIEF, BOREHOLE GEOPHYSICS PROJECT
ROBINSON BRICK AND TILE COMPANY DENVER, CO
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE DENVER, CO 80220
U.S. DEPARTMENTOF THE INTERIOR
WATER RESOURCES DIVISION
DENVER, CO
110139
HEARINGS
CORRESPONDENCE
TRANSCRIPT
COMMENT GOVERNMENT
HOUSE
MR. ECKHARDT. DO YOU HAVE SLIDES YOU WOULD LIKE TO SHOW?
MR. ROBINSON. YES, SIR.
MR. ECKHARDT. YOU MAY PROCEED. THIS IS A SHOT OF OUR GRINDING PLANT
WITH THE CLAY PILES IN FRONT.
THIS SLIDE IS A SHOT OF THE TWO LAB BUILDINGS TO THE LEFT THAT WERE
LEFT BEHIND BY THE NATIONAL RADIUM INSTITUTE AND OUR CURRENT GRINDING
PLANT.
THIS IS ANOTHER VIEW OF THE