NCD980729602_19751201_Jadco-Hughes_SERB C_Pre-NPL file 1975-OCR

I
• ,.. G.
' .
RUFUS L. EDrAIS-i'EN
ATTORN!::Y Gi::NZ:RAL
-~q.1i:.::in!r.nt nf ]usti,;c
P. o. Box 629
RALEIGH
27602
Decerrber 1, 19 7 5
Mr. Harley B. Gaston, Jr.
Attorney at La.w
P. 0. Box 8C
Re: STATE v. C. A. HUGHES, INC.;
JADCO, INC., et al
Dear Mr. Gaston:
We have recently received a report from John Murdock,
Regional Engineer for the Division of Environmental Management,
who has been reviewing the progress of C. A. Hughes, Inc. and
Jadco, Inc. in complying with the Judgment obtained against them
and others on Septerr~er 19, 1975. The report indicates that,
while the barrels are being removed at the specified rate, full
compliance with the Judgment is not being attained.
Specific deficiencies noted are as follows:
1. No berms or trenches have yet been constructed on
the site as required by paragraphs S(e) and 7 of the Operational
Plan. This is a very important portion of the Plan, and should
be done immediately and on a continuing basis.
2. No ~x.:Lstin.sr s;_:ill.:::ige has been pt.unped from the site
as required by paragraph 7(a)l of the Plan.
3. There appears to be only one prnnp presently on the
si.te for use in cleaning up accidental spills. Paragraph l0)b)iii
of the Pla:c1 requires two pumps to be maintained.
4. No site preparation
as required by Exhibit B(ii). In
this should be done immediately.
would hinder spill contain!lleat.
of the Plan.
at point A has been undeJ::-taken,
anticipation of accidental spills,
At present, dense undergrowtl1
Para.graph 10 (c) and Exhibit B (i)
Harley B. Gaston, Jr.
December l, 1975
Page 2
5. The bi-weekly report of October 6-18, 1975, did not
contain infonnation indicating the locations from which barrels
and bulk material were removed nor their disposition, as required
by paragraph 6 of the Judgment.
As you are aware, your client bears the responsibility
·for complying with the Judgment and Operational Plan, and would
be subject to contempt proceedings for failure to do so. Due to
the nature of this case, which requires a continuing effort on the
part of the defendants, the State will not hesitate to initiate
such an action if cooperation breaks down.
We trust that, once your client becomes aware of the
consequences of continued non-compliance, corrective measures will
be taken. We would appreciate a statement by December 19, 1975,
from you or your client concerning the measures taken to confonn
fully with the Judgment in this case. Mr. Murdock or his repres-
entative will also continue to inspect the site and provide periodic
reports to this office.
/sa
cc: M. W. Puette
John Murdock /w. J. Stevens
E. D. Herndon
James B. Garland
Carl J. Stewart
Bob Reilly
Sincerely,
RUFUS L. EDMISTEN
Attorney General
i. /~/ )lie';::-,,:,: f:!ic-;_,'7?;:--:::;;. ~~:-.....--/....-·=._:,._ / . /;/. --· --·-_. /LlOhn R. B. Matthis
/;/ Special Deputy Attorney General
· · Environmental Protection Section
!,O:c.,,,:.~£ C . Cc..iJ'½/
Daniel C. Oakley
Associate Attorney General
Rnvironmental Protection Section
✓\ '
I
Mr. David M, Neill, Secretary
C, A. llus;hes, Inc,
1410 1lorthvestern Bank Building
Chsrlotte, North carolina
1liOV ?
DIVISIO'.I Ol' Y.!lVIRO:~!ENTAL ~!A.'l/lGEHEllT
!lov=ber 6, 1975
Subject: CO!!lpUance Review end Conference SUl!!!llllry
C. A. Hughes, Inc,--Jadco, Inc.
llovs!llher 3, 197 S
Dear ~, !le ill:
Thie is to confirm our meeting of TTovernher 3, 1975, at the C. A. Iluchea
Chemical Plant in North 1',elmont, PurpoBe of the meeting vas to make an on-
site inspection and to review efforts tc:, c=ply rlth the court order (Civil
Action No. 75-CVS-1383) hsued by The !lonorable Fred Ilasty on September 19,
1975. Persons io attendance were Meesrs. Gary Lindler, r-eith OVercash, Bill
Ilonesty, you and I. Tbeae gentlemen represented the Canton County Health
Depart10ent, ll. C, Division of Environmental l'.anas;ement, end Jadcc:,, Inc.,
respectively.
A9 a result of on-eite observations nnd reviev, it was detemined that
portions of the,court order and operational plans are not baine adhered to.
The following items identify the specific paregrnphs, their provisionc and
ahortcomins;s of the clean up effort as well as suggested remedi41 steps so
that full compliance can be attained:
COURT ORDER
(a) Paragraph f.(b) -provide!I that bi-weekly reports "shall be made
by Hughes and Jadco to Murdock" indicating location(s) on the
site where drums or bulk 1"8terial were removed,
n,e previous bi-weekly report· (October 6-18, 1975) did not con-
tain this information. Perhaps the tllBp contnined in the Oper..:
ational Plan locating quadrant bowidaries could be used to
show areas \o'here drUCl8 were removed.
~
Mr, David K. Ne.
Page Tvo
November 6, 1975
(b) Paragraph 6(c) -provide.a that dispositioo of the removed drumJI
and the bulk llllterial be reported to Murdock bi-veeltly,
The previous bi-vaekly report (October 6-lS. 1975) did not con-
tain this informatioo. Disposition should be listed in accord-
ance vith paragraph eight (8) of the Operational Plan. l"urther-
core, specific identification should ba provided if paragraphs
8(c)(d) or (a) of the Operational Plan are B?plicable,
OPERATIONAL PU..'! .
(a) P~raJ~aph 5(a) -provLlea that berms and/or trenches be erected
to prevent rU!lOffa in the event of spillage occurring durin&
loading of the drums or bulk chemical materials.
Very littla evidence was observed that berm,; and/or trench"" are
beins; ""'ployed as intended. The intent as I understood it. was
to erect teQporary physical barriers (bel"l>S and tranches) in1aed-
iately Adjacent to areas where drums and bulk materials are being
rarx>vcd and i::,. tha truck loading area as well, Thia barrier
syatcm would be dynamic in that new barriers ~ould be constructed
as removal are11a changed or as they grew l:ir:;ier. ·Typically,· these
barriers ~"Ould be 6-12 inches higher than the surroundins tnpo-
~raphy, Berms vere also to be erected so ao to control flow fron
tho property,
(b) Paragraph 7(a)(i) -~existing spillage shall be ~U!'IJ'>ed ••• and dis-
posal. of according to this plan."
Substantial quantities of spilled material r=ained to be pun,;>ed
dispoaed.
(c) Paragraph lO(b)(ili) -provides that two (2) pinps shall be ma1n-
t4ined at the Plant to be uae& to clean up accide:i.tial spills.
'nlere vere no pU!!lpS available for use nt the Plant. Theaa muat
b" provid e<l.
(d) Paragraph lO(c) -refer• to E:hibit •~·• Acc1dential Spills. Item
4 of Ex..'1ib1t "B" indicates absorbent filters should be installed
at point A in the case of spillage leaving the Plant site. At
present, point A is virtually inaccessible due to the dense un.der-
&rowth. It 1a suggested site pre?aration at point A be u.~dertaken
now so that' little tim1t vill be.loat later whm it could be critical.
-~
Mr. David H. N. ' Pege Threci
nov""'1>er 6, 1975
The above list of itema identify apec:ific deficienc:ies in C. A. llughes, Inc.,
and J&dc:o, Inc., efforts to c:omply with the c:ourt order.
On the basis of our conversations and those vith your employee on sita,
deficienc:ies note3 above see111 to have oc:curred due t'o a lack of proper super-
vision by Hughes and Jadco. Very c:lose supervision would appear.to be wise
and necessary at least until full c:o,r_pliance vith the c:ourt order is attained.
It was concluded from the investii;stion that full compliance with tha
court order and operational plan baa not bean attained by the defendants.
Another on-site irulpec:tion has been scheduled for Friday, llovember 14, 1975,
30 as to d~tcr~ine co~pli3ncc at that tiee. Rcsul~a of the ne~t schadulcd
inspection "111 determine vheth8r or not this Office vill begin proceedinza
to refer the matter back to the courta. As disc:ussed 1n our ~eating, timely
progress t011ards fulfilling all provioions of the court order and operational
plan 1a expected.
CCl Ja,ko, Inc. ;.·
Casten County Hei.lth D artment
~r. D~rrall ~. Herndon
}'.r. M. If. 'l'uette
~!r. Robert Carter_
Sincerely,
~iJtfdJ)_O
Russell o. R1ldford v<-o<.._
Environ!!IE!ntal Engin~er
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. ,.,•,c'<-~i'i,>i'c,\i'.i:~, Jadco,.Corpo'i·a tion;;and 'i;.tlie1C: ':iA;.:.llughes. Compa.iy .. were, also . ordered 'to··: :•J,:".":cift •:;<:':i,:::, .. :· ·' ·\'.(: _:;,..;_.,_,,~,."-":..'. '/.:-::·-._, ,_'i,__ ···'--'-'·'·1.... .-.,~ ·"··· . .;..,"·'·~• ,; , ·l'.,., • · • '. .• _ • •'·~-'.-·. :,,:J,· ; : '.,": .. :.. ' · · . ·. · · •1•· •·· ·: ,,..i'.·,.,1 •' -· ,;, .:.~ ;:• ,., ._,;,:·•-1:-)~!•~•i:-:l! .~:I•:'!.. ~-•-~:;:~:~:!f,1"::~·l'.'I..~·~ t · · ''•:•i!,.,, .• ,.,; ,,,,;;:;clearc.the ::drums\:away·.,froniithe'i:area, at· the rate· of· no ·•less, than·' 400--clrume'"c''':•'>~'!;'c"£''>''-'>·'·"'':· ,_ .... •. ,,. ,_ ..... ·,· -;-•-• . .. -' ,., ' .• : . .. .............. ~ .... _. ..... . . . ... ~ :.-'. ·-,;: . ' ' ... ' . . • . . . . . ·... . . ,_,-; -:•-,_;,::~'I..~,:.-..:· .,.~·,_ .. ·-~ 9r.·,· ,., .. , .. '·· ,,.,,.+s:rrer' we\,ek°''The"' pree·ence · of••'these '•driinis in . this area· in·; a· po ··ential :heal th··:C,,., ,:._;;: .,,:::;:,d,-.;:." .• ,;c
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STJ\TE OF NOR'l'H CJ\ROLINA
·coUNTY OF GASTON
State of North Carolina, ex rel
Rufus L. Edmisten, Attorney
General; James E. Harrington,
Secretary, Department of Natural
and Economic Resources; Dr. Jacob
Kooman, Director, Division of
Health Services, Department of
Human Resources,
Plaintiffs,
vs.
C. A. llughei, Inc.; Jadco, Inc.;
David M. Neill; C. A. Hughes;
Charles O. Milford, III; Charles
L. Alford, III; James M. French;
Thomas Pruett; E. D. Sloan,
Jr.; John L. Fite; Lemmie Fite
Baker; Laminta Fite, widow; Sarah
Fite Severs and Joyce Fite Yandle,
Defendants .
IN THE GENERJ\L COUR'r OF JUSTICE
SUPERIOR COURT DIVISION
Civil Action No. 75-CVS-1383
J U D G M E N T
. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TllE PLAINTIFF having filed its complaint demanding a temporary
and also a permanent injunction as appears more fully by the said
complaint and prayer for relief contained therein and the plaintiff
and defendants having agreed upon a basis for the adjudication of the
matters alleged in the complaint and an entry of a judgment in this
action, and due deliberation being held, now, on motion of counsel
for tl1e plaintiff it is:
ORDERED, ADJUDGED AND DECREED that final judgment in favor of the
plaintiff against the defendants is hereby granted and ordered entered
as the judgment in this action:
1. The remaining drums of chemicals presently located on the
banks of Fites Creek which were washed away during the flood of
July 15, 1975,.as alleged in paragraph 15 of the complaint are to
be collected and returned to the site of the C. A. Hughes Chemical
Reclamation Plant by and at the expense of Jadco, Inc., (hereinafter
referred to as "Jadco") on or before October 1, 1975.
2. Any remaining magnesium is to be removed from the site of the
C. A. Hughes Chemical Reclamation Plant (hereinafter referred to as
"Plant") on or before January 1, 1976, by and at the expense of C. J\.
_Hughes, Inc'., (hereinafter referred to as "Hughes").
3. An.operational plan covering the cleanup of the Plant, pre-
ventioi1 of additional pollution and means of compliance with this .
j udgine.nt shall be presented by Hughes and Jadco to John C. Murdock, III,
Regional·Engineer of the North Carolina Department of Natural and
Economic Resources, Division of Environmental Management, or his
designated representive (hereinafter referred to as ''Murdock'') on or
before September 29, 197 5, for his· review, examination and ·recommenda-
tions and to the court on October 1, 1975, for its approval.
4. Such operational plan shall include but not necessarily be
lirnitecl to the following matters:
(a) Procedures to be followed in the event of an accidental spill
occuring during cleanup operations of the Plant;
(b) Facilities and equipment to be used in sub-paragraph (al
above;
(c) Priorities;
(d) Methods;
(e) Handling of existing spillage on the ground;
(f) Disposition of chemical materials and drums; and
(g) Allo6ation of responsibilities and cost among the defendants
pursuant to agreement.
5. Unless prevented by acts of God, Hughes and Jadco, according
to the aforesaid operational plan, will remove from the Plant at tho
minimum rate of 400 drums or 20,000 gallons of bullt chemical materials
(or any equivalent combination thereof) per week commencing October 6,
1975, and continuing until the cleanup is completed unless modified
by the court as th6 result of a second plan to be submitted under the
provisions of paragraph ten hereof. "
6. Until all chemical materials and drums have been removed
from the Plant, bi-weekly reports shall be made by Hughes and Jadoo
to Murdock which shall set forth:
(a) The number of drums and the quantity of bulk materials
removed from the site;
(b) The location on the site from which the same was removed; and
(c) Disposition made of the bulk materials and drums.
7. After completion of removal of the chemical materials and
drums by Hughes and Jadco, an inspection of the site is to be made
by Murdock, and a report of such inspection shall be submitted to
this court.
8. In the event that chemical material is removed in b~lk, the
residual drums will be removed from th~ site prior to the inspection
set forth in the preceding paragraph.
9. The Hughes Plant is not to be operated for the distilling of
chemical waste without the express approval of this court.
10. A plan for the disposition of any chemical materials on the
site which cannot be either distilled or burned shall be submitted
to this court for ap~roval on or before June 1, 1976. At least ten
.(10) days prior thereto, a copy of such report shall be delivered to
Murdock for his review, examination and recommendations.
11. After removal of all chemical materials and drums and after
compliance w1th the operational plan set forth in this judgment, the
defendants, John L. Fite, Lemmie Fite Daker, Larninta Fite·, widow,
Sarah Fite Severs and Joyce Fite Yandle, at their expense, within
sixty (60) days of the date specified by Murdock after his inspection
pursuant to pnragraph seven sl1all take such action as required to ·
put the site in a condition acceptable to Murdock.
12. This cause is to be retained by the court for such further)
orders as may be necessary to carry out the provisions of this judgment;
and
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this final
judgment shall not constitute evidence or an admission or adjudication
with respect to any matter alleged in or arising out of the complaint,
and that the cost of this action, including the cost of complying with
the temporary injunction issued by Judge Jolin R. Friday on August 14,
1975, shall be taxed against and apportioned among the defendants as
follows: ·
(a) C. A. Hughes, Inc., David M. Neill, C; A. Hughes and
Thomas Pruett -351
(b) John L. Fite, Lemmie Fite Baker, Larninta
Fite, widow, Sarah Fite Severs and Joyce
Fite Yandle 21%
(c) Jadco, Inc., Charles 0. Milford, III, Charles
L. Alford, III, James M. French, and E. D. Sloan -44%
DATED: September 19, 1975.
Judge Presiding ~
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Sidney B, U~ry~ Head
,,.,,·a·~-·'···•·i-c••·-··••..:.0,,• .•.. ;". ..... Solid .waste· & ·vector Control -nranch :-:i'!•;:,.,.•' . ..,; ~~:•ro<.,·· ··--·~··· '• ..... ,• ... , ... -·-.. ••··· . •-:.,~.::.c:.-··•··· .. .,.... .. --~ _... · Sarti tory Engineering ·Section'·"''·· :,.·.· .. ,,,· 'i,'<V,;;-,';'.i.N'.~ " ', .·-. . -" ·-. . •-'~ ::. ~;.:.:.:.:..:} .,,
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STATE
G"-.STON COUNTY COURT OF JUSTICE
S[J?C:?.IOR COURT DIVISION
' STATE OF NORTH CAROLINA, ex rel
RUFUS L. EDMISTEN, Attorney
General; JAMES E. rli\RRINGTON'
Secretary, Department of
Natural and Economic Resources;
DR. JACOB KOO/,LZ\N, Director,
Division of Health Services,
Department of Human Resources
PLAINTIFFS
v.
)
)
)
)
)
)
)
)
)
)
)
)
)
C. A-HUGHES, INC.; JADCO, )
INC.; DAVID M. NEILL; C. A. )
HUGHES; CHARLES 0. MILFORD, )
III; CHARLES L. ALFORD, III; )
JA.c"lES M. FRENCH; THOMAS PRUETTE;)
E. D. SLOAN, JR. )
DEFEND_ANTS )
COMPLAINT AND MOTION
FOR TE!·l?ORARY
RESTRAINING ORDER AND
PRELH!J.NARY INJUNCTION
11~ ~/" \
The plaintiff, State of North Carolina, complaining of
the defendants, through Attorney General Rufus L. Edmisten, James
' " •
E. Harrington, and Dr. Jacob Kooman, who are acting for and on
·behalf of the State within their respective areas of responsibility,
say and allege that:
PART I
1.
C. A. Hughes, Inc., is a corporation organized and
existing under and by virtue of the laws of the State of North
Carolina.
2 •
JADCO, Inc., is a corporation organized and existing
under and by virtue of the laws of the State of South Carolina,
and does substantial business in North Carolina. JADCO, Inc.,
has not been issued a Certification of Authority to transact
business in this State. . ..
,• '-.t, :·· • "'·\, ,..,.... :-:: .. ~·: ;,.: . 3.
Defendant Thomas Pruette is the President of C. A.
' Hughes, Inc. ; Defendant David M. Neill is the Secretary of C. A.
Hughes, Inc.; and Defendant C. A. Hughes is the former President
of C. A. Hughes, Inc. Defendant Charles 0. Milford, III, is the
\ .1 ...
?:-2.,ident of Defen:::ant ~· CharML. Alford is the Vice-
President of JADCO, Inc.; Defendant James ~-1. ?rench is the Secretary
Jr.,
of ,TADCO, Inc'.; defendant E. D. Sloan/is Chai=ar, of the Board of
Dir8ctors of JADCO, Inc.
C. A. Hughes, Inc., and JADCO, Inc., operate a chemical
storage and recovery plant which receives waste chemicals and
other waste substances from industries for a fee, reprocesses
and recovers that which is reusable and sells c:he reprocessed
chemicals and recovered substances.
5.
The defendant C. A. Hughes, Inc., operated the chemical
"plant located on S .. R. 2035 in Ga~to~ County from 1971 until May
1, 1975.
6.
The chemical plant is located on a tract of land which
slopes gradually towards the middle. An unnamed tributary to
Fites Creek flows into a culvert at~the south end of the property
the culvert
and proceeds through/down the middle of the property until it
emerges from the culvert north of the control ouilding. The distance
from the control building to the point where the tributary emerges
from the culvert is approximately ten feet. ~he control building,
constructed of cinder block and housing two cvlindrical tanks of
approximately 9,000 gallon capacity, is leaning northward and
downward into the tributary. A concrete slab, between the control
building and the tributary, has already fallen into the tributary.
The still which reprocesses the chemical waste is located approximatel
twenty feet south of the control building. A large tanker truck
is routinely parked between the control building and the still
for the purpose of transferring liquid chemicals between the still
and the truck. An 8,000 gallon and a 10,000 gallon storage tank
,._ ..,.·, .. _. ___ -· •"'.' --~-·. -.
are located approximately fifteen feet west of the still. Four
20,000 gallon storage tanks and a 2,000 gallon storage tank are
located approximately twenty-five feet east of the still. A
water tank, a cooling tower, two 4,000 gallon tanks, and a 2,000
gallon storage tank are located approximately thirty feet east
of the control building. A steel beam structure is attached to
-2-
. 'i-1,1:;1 !:
'·-li·
the east end of the control building. A steel beam frame is located
west of the control building. The cylindrical tanks and the storage
tanks contain chemicals whose volumes and identities are unknown.
l,
7 •
The gross negligence, the willful action and the willful
failure to act of defendants Pruette, Neill and Hughes have created
a threat to the purity of the public drinking water supply of the
town of Belmont, North Carolina, by permitting the accumulation of
approximately 8,000 to 10,000 55-gallon drums of chemical and other
industrial wastes at the plant site in proximity to the unnamed
tributary. Drums were permitted to accumulate despite the fact
that the plant could not process such number of drums and variety "
of chemicals, that the presence of the unnamed tributary made the
location unsuitable for the storage of such number of drums, that
no structural improvements to the plant site were made to prevent
contamination of the tributary, and that no plan was developed for
the eventual disposal of the accumulated drums. The drums contain
ink wash(with the following water solubles: ethyl alcohol, methyl
ethyl ketone, isopropyl alcohol, ethyl acetate, varsol); paint
wash; chlorinated solvents; acetone, benzene; phenol and derivatives·
ethylene glycol; oils and various lubricants; glue waste (soluble
and insoluble); alcohols (ethyl, methyl, isopropyl, isobutyl);
waste paint and paint resins; varnishes and various finishes; xylene;
toluene; hexane; methanol; methyl ethyl ketone; heptane; alcohol ethei
percailoroethylone; petroleum; oil hydrocarbon fuels; lacquers;
lacquer thinners; hydraulic fluids; solvents; cleaning solutio~s;
water and oil mixtures; water soluble coolants; greases; vegetable
oils; unknown substances; and sludge. Total volume of each chemical
chemical nature· is unknown.
8 •
· Of the chemicals listed in the preceeding paragraph_of
the Complaint, the following are considered most toxic: phenol,
-3-
benzene, P.thhylene glyc;ol, r.olnene xylene, hexane and heptane.
9 •
In addition to the 8,000 to 10,000 55-gallon drums on
the site, there is also approximately 500 pounds of magnesium piled
on the ground. Magnesium, along with other chemicals contained
in the drums, such as heptane and hexane, are flammable.
10.
The drums are dispersed throughout the entire tract of
land. The greatest concentration of drums is located in the south-
eastern portion of the tract. In most areas, the drums are stacked
two and three high. The drums have a life-expectancy of three years.
A substantial portion of the drums have already begun to rust.
The rusting drums are subject to leaking the chemical fluids on the
. ground; the rusting drums are also ~ubject to bursting from the weight
••cc·~f one or· two drums stacked on top. The ground, especially in the
·· southeastern and northeastern portions of the tract, is covered with
puddles of chemical fluids. Drums, full of chemical fluids, stand
upright with no top cover.
11.
The accumulation of drums at the chemical plant with the
accompanying spillage and seepage of chemical fluids onto the
ground has resulted in the formation of an ardor which arises from
the plant site and invades the neighboring air. The residents
in the area report that the odor penetrates the throat, causing
an unpleasant burning sensation and difficulty in breathing, and
-4-
"': -------------~"
also causes burninq of tl1e eyes and nose. The residents feel the
odor is worst in the early evening and morning, and is many times
sufficiently offensive to force them to remain inside their homes
rather than in their yards. At such times, all the windows and
doors ·have to be closed. These odors constitute a hazard to the
normal use and enjoyment of these homes, and cause great incon-
veniences to the area residents.
lla
The accumulation of drums and the accompanying spillage and
leakage of chemical fluids has also resulted in deleterious effects
on the water quality in the Fites Creek area. The residents report
that the vegetation around the creek has greatly decreased since the
initial operation of the plant, and that fish life has become non-
existent downstream from the plant. Gardening in areas adjacent
to the creek has been cut down, and residents report that the water
has become unfit for cattle. These effects on water quality constitute
a hazard to the normal use and enjoyment of the creek and the areas
surrounding it.
llb
The accumulation of the drums also constitutes a hazard and a
nuisance to the residents of the area due to the possibility of fires
and explosions. Three such fires have already occurred and have been
documented. A major fire, including several explosions, occurred
on January 16, 1973, and lasted for several hours. A similar fire
and explosion of several drums took place on October 5, 1974, during
a solvent transfer process. A smaller fire on March 1, 1974, was
also the cause of a discharge of chemicals into an unnamed tribu-C:ary
·,.:: ., .. _;.,-:;:.tto_. Fites Creek (described in Section 15 of this Complaint).
_::~~.i~~-~ ·:~·· .. _;, ;· ~:---~~:...:._:-... , ..
-4a-
12.
The unnamed tributary to Fites Creek, Fites Creek, and
the Catawba River are classified as A-II strea..rns. The unnamed
tributary, from the point of the chemical plant to its confluence
with Fites Creek, is a length of approximately one mile. The
streams have been classified as A-II by the Environmental Manage-
ment Commission, Department of Natural and Economic Resources
pursuant to the authority contained in G. S. 143-214.1.
The flow rate of the unnamed tributary was 2.3 cfs on
July 28, 1975. Fites Creek, from the point of confluence with the
unnamed tributary to its confluence with the Catawba River, is
a length of 1.3 miles. The flow r~te of Fites Creek at N.C.
273 bridge was 4.1 cfs on July 28, 1975. The Catawba River, from
the point of its confluence•with Fites Creek to the raw water
intake for Belmont Converting Company's water filtration plant,
is a length of 2.7 miles: The flow rate of the Catawba River
at a point 3200
July 28, 1973.
, •:·~ •,::I ~
feet':-,upstream from the intake was 5400 cfs on
I ' . \ . .
•· • '''\ I' '
Therefore, if chemical fluids should enter the
unnamed tributary at the chemical recovery plant and travel at
the flow rates specified above, the chemical fluids would reach
the raw water intake within 11. 8 hours.
13.
The flow rates sp,ecified in the preceeding paragraph of
the Complaint may be affected by at least two occurrences. The
operation of Mountain Island Dam and Lake Wylie, which are Duke
Power Company hydroelectric dams, may cause, under at least one
set of operating conditions, a reverse flow in the Catawba River.
Secondly, a period of rainy weather may increase the volume of
water in the tributary, creek, and river and may thereby increase
the flow rate and decrease the length of time required for chemical
:':c:::·0:"':);{:;., ••. i,;\1uids from the chemical recovery plant to reach the raw water
intake for Belmont Converting Company's water filtration plant.
Similarly, a period of drought may have the reverse affect on
the time required for the chemi.cal fluids to reach the raw water
intake.
-5-
14.
The raw water intake for Belmont Converting Company's
water filtration plant takes water from the Catawba River at
a point below its confluence with Fites Creek. The water consti-
tutes the public drinking water supply for the Town of Belmont.
The water is also used in the operation of Dixie Yarn, Pharr
.:1" Yarn, and Belmont Converting plants. Upon closirg of the filtia-
tion plant, the To·,m of Belmont would have approximately one day's
supply of water for all municipal services. The operators of the
water filtration plant would be able to detect the presence of
some f_oreign substances in the water at the intake and the
operators would not be able to remove all of such foreign sub-
stances from the water. Therefore, the only recourse would be +
to close the filtration plant if the water at the intake became
substantially contaminated.
15.
Six discharges from the chemical olant into the unnamed
tributary have been documented. On-August 9, 1973, an unattended
50 gpm pump at the chemical plant discharged allyl ether into· the ''
unnamed tributary. Thirty families were evacuated from their ·.
homes and Belmont Converting Company's water filtration plant
was closed temporarily. On March 1, 1974, an unattended hose
leading to a container with perchloroethylone drained into the
tributary. A small fire at the plant may explain the reason for
the discharge, but no means existed to keep spills out of the
stream. On June 27, 1974, liquids Here intentionally pumped
from the processing area into the tributary. On May 9, 1975,
a drainage pine from the plant to the tributary 1.-1as discovered.
On r-\ay 18, 1975, four drums fell into the tributary. On
_-,,,,.,',[.c:C,i"'>;-<July _15 ;. _19 75, heavy rains produced flooding at the chemical .. ,_-· :.' ·.:··:.-~-::::-.:.·'·,:,. .. .:._ -
::fja~tf½fo_·r_ecovery plant. Forty to fifty drums were washed into the trib-
-6-
~~ary and flowed into Fites Creek. Various chemicals drained
from the plant site into the tributary. The raw water intake on
the Catawba River was closed from 5:00 p.m. to 10:00 p.m. and
from 11:30 p.m. to 6:30 a.m. on the night of July 15 and 16.
Drums
1-:2re removed from the stream on to the stream banks, where they
still remain. Some of the drums are leaking.
16.
The defendant JADCO, Inc., and its corporate officials
assumed operation of the chemical plant on May 1, 1975, after c.
A. Hughes, Inc., leased certain personal property on the plant site
to JADCO, Inc.
17.
Since JADCO's assumption of the operation of the
chemical plant, the situation at the plant site has remained as~
described heretofore in the Complaint. Three documented dis-"' charges, as described in paragraphs heretofore in the Complaint,
occurred after May 1, 1975.
17A .
. The gross negligence, the willful action and the willful
failure to act of defendants Milford, Alford, French and Sloan have
perpetuated the threat to the purity of the public drinking water
supply of the town of Belmont, North Carolina. The defendants
have continued to accumulate 55-gallon drums of_chemical and
other industrial wastes at the plant site, failed to construct
improvements at the plant site to prevent further contamination
of the unnamed tributary, and failed to remove the drums from the
banks of the unnamed tributary and of Fites Creek after they
were retrieved from the tributary and the creek on July 15 and
\·, •,} . . ·:16 , 19 7 5 ..
;,7J£~~•§.i:t~:d1-~t~,1;~1:: ;~,;.· · · .. '.:.ft~tlt.: ... ~ · -· t ·• 18.
JADCO, Inc., submitted a plan for diversion of the
tributary and construction of berms at the plant site to the
Gaston County Health Department, the Division of Health Services,
and the Environmental Management Division on July 11, 1975. The
-7-
defendants JADCO, Inc., and C. A. Hughes, Inc., ~ere notified on
,Jc:ly 22, 1975, of the modifications to the _olans which would be
necessary in order to receive final approval. Defendants JWCO,
Inc., and C. A. Hughes, Inc., were reminded of the necessity to
submit an operational plan detailing the manner of 6perating the
plant, the procedure and time schedule for _orocessing or removal
of the accumulated drums, and the procedure for preventing, con-
taining, and cleaning up a spill. July 29, 1975, was established
as the date for submission of the operational plan. The operational
plan was submitted on August 4, 1975. The operational plan was
found to be unsatisfactory.
PART II
19.
Dr. Jacob Koomen, is the Director of the Division of
Health Services of the Department of Human Resources of the
State of North Carolina.
20.
Dr. Koomen has been delegated the authority by the
Secretary of Human Resources to enforce the provisions of Chapter
130 of the General Statutes and the rules and regulations of the
Commission for Health Services adopted pursuant thereto. A certi-
fied copy of the Declaration of Authority is attached to the Complain1
as Appendix A and is incorporated by reference into the Complaint.
21.
The Commission for Health Services has adopted rules
of public water
supplies. A certified copy of the rules and regulations pro-.
viding for the protection of public water supplies is attached
to the Complaint as Appendix Band is incorporated by reference
into the Complaint.
-8-
2 2 •
General Statutes 130-164 provides that: ''§130-164. Defiling
public water supply. --No person shall willfully defile, corrupt,
or rnake impure any public or private water supply. No person
shall willfully destroy or injure any pipe, conductor of water,
or other property pertaining to an aquaduct."
23.
General Statutes 130-165 provides that: "§130-165.
Discharge of sewage or industrial waste. --No person or municipality
shall flow or discharge sewage or industrial waste above the intake
. into any source from which a public drinking water supply is taken,
unless said sewage or industrial waste shall have been passed
through some system of purification approved by the Commission
for Health Services and Environmental Management Commission; and
the continued flow and discharge of such sewage may be enjoin~d.''
2 4.
The rules and regulations providing for the protection
of public water supplies, Section 6{f), pertaining to the. protection
of filtered water supplies, provides that "No domestic sewage or
industrial wastes or treatment plant effluent shall be discharged
into any: ••• ( 2 ) Streams classified as A-II until approval has
been secured from the State Board of Health (Department of Human
Resources)."
25.
On June 27, 1974, defendant C. A. Hughes, Inc., willfully
defiled, corrupted, and made impure a public water supply by
intentionally pumping chemical liquids from the processing area
into the unnamed tributary whose waters dmmstream from a public
water supply.
2 6 •
. May 9, 1975, defendant JADCO, Inc., willfully defiled,
·corrupted, and made impure a public water supply by discharging
chemical liquids through a drainage pipe into the unnamed tributary
whose waters form .downstream a public water supply.
-9-
Defendant C. A. Hughe.3, Inc., through its operation
of the chemical plant until May 1, 1975, and its accumulatio:-1
of approximately 8,000 to 10,000 drums at the site, and JADCO,
Inc., through its operations of the plant since May 1, 1975, with-
out making any improvements to the plant site or the plant method
of operation or without reducing in any appreciable nunlber the
number of drums on the site, have willfully failed to prevent any
further defiling, corrupting, and making impure of the unnamed
triputary whose waters form downstream a public water supply; and,
therefore, the defendants are willfully threatening to further
defile, corrupt, and make impure the unnamed tributary whose
waters form downstream a public water supply.
2 8.
Defendants C. A. Hughes, Inc., and JADCO,Inc., have
discharged industrial wastes, i.e. liquid chemicals and other
substances, above the intake fort]¥, source of the public drinking
water supply of the Town of Belmont as heretofore set out in the
Complaint'.
29.
Defendants C. A. Hughes, Inc., and JADCO, Inc., have
discharged industrial wastes, i.e. liquid chemicals and other
substances, into the unnamed tributary to Fites Creek which
is classified as an A-II stieam) as h~retofore set out in the
Complaint.
30.
No discharge from the chemical plant into the unnamed
tributary and no system for purification of such discharge has
been approved by the Environmental Management Commission, the
Commission for Health Services or the State Board of Health
· / ... ,.-.,~(Depart~ent of Human Resources). . . ., .~--.. ·-·-•··· ·-.. . . . -,..~r:·_;:rtrr--:."£:·?~:'!:-.~:"-:;:...-... ; ....
···:-.::.a·~:·:.---·····-····.·· 31.
Defendants C. A. Hughes, Inc., through its operation of
a chemical plant until May 1, 1975, and its accumulation of
approximately 8,000 to 10,000 drums at the site, and JADCO, Inc.,
-10-
chrough its oparation of the plant since ;,1ay L, 1975, \~ithout
m~'.:ing any inprovements to the plant site or the plar1t method
of operation or without appreciably reducir.g the number of clrums·
at the site, threaten to further discharge industrial waste
·into streams classified as A-II an6 above the intake for the
source of the public drinking water supply for the Town of Belmont
without any approval of the Environmental 1•lanagemen t Commission,
the Commission for Health Services or the State Board of Health
(the Department of Human Resources)
31A.
The gross negligence, the willful action and the will-
ful failure to act of defendants Pruette, Neill and Hughes, as
set forth in paragraph of 7 of the Complaint, and the gross
negligence, the willful action and the willful failure to act of
defendants Milford, Alford and French, as set forth in paragraph
17A of the Complaint, have been and threaten to be a proximate
cause of the discharges of industrial waste, i.e. liquid chemicals
and other substances, above the intake for the source of the public
drinking water supply of the Town of Belmont and into the unnamed
tributary to Fites Creek which is classified as an A-II stream.
32.
Such discharges or threatened discharges, as set forth in
the preceeding eight paragraphs of the complaint are or will be
in violation of G.S. 130-164, G. S. 130-165, and Section 6(f) of
the Rules and Regulations Providing for the Protection of Public
Water Supplies.
33.
Such discharges have been and will be dangerous to the
public health. The accumulation of such various and unknown
·_ .. :(: \,:t'';,;j.;emical and other industrial wastes in quantities of undertermined ·-, ... ,." .""f.; ;fr.:.~..:;,a;·~-.; _.: ~ -. . .
~~ff~!ti70"~;;{;;~~t: arid· with various ranges of toxicity and flammability has
not only caused discharges into the unnamed tributary in the past,
but also presents the threat of future discharges of undeterminable
magnitude and severity, whether by further gross mismanagement of
the plant or by flood, fire, or explosion, which discharges may
injuriously affect the downstream public water supply of the
Town of Belmont and the health and safety of its inhabitants.
-11-
?/\?.T III
3 ,,
''
James E. Harrington is the Secretar':' of the Der,artnent
of. Natural and Economic Resources of the State of North Carolina.
35,
The Secretary is authorized to institute appropriate
action for the Department of Natural and Economic Resources to
orevent, restrain, correct, or abate violations of the water and
air resources act, Article 21, Chapter 143 of the General Statutes,
by reason of G.S. 143-215.6(c) and G.S. 143-213(8).
36 .
In addition to the violations of North Carolina law
set out above in Parts I and II, the defendants have furt~er vio-
lated the laws of the State of North Carolina, specifically the
Water and Air Resources Act, Article 21, Chanter 143 of the General
Statutes, by causing the chemicals, and other materials described
in paragraphs 7 and 8 to be discharged or intermixed with the
waters of the State as described above in violation of the uater
quality standards applicable to the assigned classifications
without first obtaining a permit.
On the following dates discharges ,.,ere made through
outlets in violation of G.S. 143-215.l(a)l:
1. August 9, 19.73 -100 to 300 gallons through a
50 gallon per minute pump
2. !larch 1, 1974 -100 to 150 gallons through a hose
3. June 27, 1974 -unknown amount through a 50 gallon
per minute pump
4. May 9, 1975 -unknown amount of surface runoff
through a drain pipe.
In addition, on June 14, 1974, June 27, 1974, and May 9,
of water quality standards were detected, in
contravention of G.S. 143-215.l(a)6.
Defendants are therefore subject to the injunctive
remedies prescribed in G.S. ll3-215.6(c).
-12-
?:\PT IV
37.
Rufus L. ~dmisten is the Attorney General of the State
of North Carolina and is the Chief Legal Officer for the people
of the State of North Carolina and in that capacity is empowered,
and does bring, this action on behalf of the people of the State
pE North Carolina.
38.
In addition to the violations of North Carolina law
set out in Parts I, II, and III, the defendants have, by the
operation of the plant and by the storage of the chemicals and
other materials described above, created a general nuisance to
the persons living in the surrounding areas. They have caused harm-
ful and obnoxious fumes and odors to permeate the air in such
quantities as to disturb and annoy adjoining property owners and·
render their property uncomfortable. The defendants have thereby
injuriously affected the rights of the community in a manner
inherently injurious to the public health. They have caused
chemicals and other harmful substances to be discharged into
the unnamed tributary to Fites Creek, thereby polluting the waters,
and causing the area to be of less benefit for the normal use and
enjoyment of the local residents. Further, by creating the possi-
bility of fires ~9d explosions on the plant site, the defendants
have created a nuisance which prevents adjoining and nearby residents
from enjoying the full benefits of their property and carises them
to live in fear and apprehension for the safety of their persons
and property
-12a-
39.
Defendants have stored highly fla:naole, toxic,and harm-
.Eul chemicals in such a manner as to constitute an ultrahazardous
and inappropriate activity.
\vHEREFORE, the Plaintiff prays the Court that this
Com~laint and the attached affidavits be considered by this Court~'.
as an affidavit and upon the same:
( 1) that su.7Ullonses issue and be served upon all defendants.
(2) a temporary restraining order be issue commanding all
defendants jointly and severally to:
(a) station a watchman 24-hours a day at the C. A.
·;.;.'·
Hughes, Inc., plant site on SR 2035 in Gaston County within 24 ho&~s
of the service of such order;
(b) commence cleaning up the spillage and seepage of the
chemical and other industrial wastes on the ground at the plant
site within 24 hours of the signing of such order;
(c) remove, within 72 hours of the ser~ice of such order,
the approximately 500 lbs. of magnesiwn at the plant site; and
(d) cease permitting tanker trucks from driving onto
the plant site for the purpose of transferring chemical liquids
between the still and tanker truck unless adequate precautions
are taken to prevent any spillage from flowing into the tributary;
(e) immediately cease the transportation of drwns
containing chemicals and other potentially injurious substances
onto the plant site;
(3) a hearing be set within ten days on plaintiff's
motion for issuance of a preliminary injunction;
(4) a preliminary injunction be issued, after the
hearing, commanding all the defendants, jointly and severally to:
-13-
J.t the C. A. Hughes, Ir;.c., plant site on SR 2035 in Gaston Co1..:. .. r1ty;
(bl continue cleaning U? spillage and leakage of chemical
~~d cth2= i~dust=ial wastes on the 0rnund at the plant site;
(c) transfer the chemical and other industrial wastes
from drums which are leaking oi which lack tops thereto to water-
tight containers, or empty such chemical and other industrial
wastes into the still for reprocessing, or otherwise dispose
of the chemical and other industrial wastes. Prior to the ~ransfer
and within 72 hours after the issuance of the preliminary injunction,
the defendants will submit for the Court's approval, a plan de-
signed to contain any spillage and leakage of the chemical and
other industrial wastes on the plant site during the said transfer.
Immediately upon approval of said plan, but not before such approval,
the transfer heretofore described in this subparagraph shall begin.
(d) remove immedia_tely any magnesium which may remain
at the site;
(e) cease permitting tanker trucks to drive onto the
plant sit~ for the purpose of transferring chemical liquids
between the still and tanker truck unless adequate precautions
are taken to prevent any spillage from flowing into the tributary;
(f) immediately cease the transportation of drums
containing chemicals and other potentially injurious substances onto
the plant site;
(g) make an inventory of the chemical and other industrial
wastes at the plant site;
(h) within one week of the signing of such order,
prepare and submit a structural improvement and operational
plan to the Court, detailing the manner of operation of the
plant, the procedure and time schedule for processing or removing
. . . .. the accumulated drums, and the procedure and improvements necessary .. ___ : •:_'..:.:.-.~!::-·.:· . . ·\,:;"·"t::-~-1~,:e-,;=•· ,.,.:.!.·:.,: :,~ :' -~ ~ .· ';
',]?,J~f''":']?'.~:e",:for,·preventing, · containing and cleaning up any spill,· or prepare
and submit to the Court,.a plan for closing the plant operations
and the processing and removal of the accumulated drums.
(4) a permanent injunction be issued commanding all
the defendants, jointly and severally, to:
-14-
n:nmrcs:
(a) implement the structural improvement and operational
plans as approved by the Court;
(b) or close said plant and reprocess or remove the
accumulated drums in accordance with the plan approved by the
Court.
And the plaintiff prays the Court for such other and
further relief as it may deem just and proper.
STATE OF NORTH CAROLI~A
COUNTY OF WAKE
Respectfully submitted,
Edmisten
G7ral 4 _jJ,.
1,_ £_/4cuv4Ju.,,~
# 1 ~...,.-.,--~_.,,-,P'
iam ~:"O'co;.;n-el l
Special Deputy Attorney General
--i ,---7
"X.__ ~ ,, ""'-4
Robert R. Reiliy
Associate Attorney
I / r ~/ •t.. ~~•:..-: • .~~-::. ::-:: z-t: C· _,,.~ ._~:.,..-,,;:G--0
Daniel Oakley_/
Associate Att·orney
N. C. Department of Justice
P. 0. Box 629
Raleigh, North Carolina 276b2
Telephone No. : [phone]
829-5725
Rufus L. E~"isten, being first duly sworn, deposes
and says:
That he is the Attorney General of the State of North
~-:, ... Carolina, one of the ?laintiffs herein, that he has read the
~ ... -:.;.i.--.:~;; .. ::~:~._· -~<. :·
,'~tii,•~~«;l~f,~,g-y-.~rig: __ ~omplaint and knows the contents thereof, that the
sa~~ i~ t~ue·of his o•~ knowledge, save and except those matters
and things therein stated upon information and belief, and as to
those, he believes
This the
it to be true.
~-
(, day
• • Sworn and s~cribed to before
me this 6 /day of August, 1975.
My Commi~sion expires:
~, ,,icJ, lf'.77 ,· 7
< \ I I
STATE OF NORTH CAROLINA
COUNTY OF WAKE
James E. Harrington, being first duly sworn, deposes
and says:
That he is the Secretary of the Department of Natural
and Economic Resources, one of the Plaintiffs herein, that he
has read the foregoing Complaint and knows the contents thereof,
that the same is true of his own knowledge, save and except those
matters and things therein stated upon information and belief,
and as to those, he believes it to be true.
This the
J mes E. Harrington
Sworn and subscribed to before
me this t, J~ day of August, 1975.
Nofr¢t:rs1~ J6==~
My Commission expires:
3-I tJ -7 C
STATE OF NORTH CAROLINA
COUNTY OF WAKE
John C. Murdock, III, being first duly sworn, deposes
and says:
. :/~~1/-::::. (_-·,_. . That he is the Regional Engineer for the Division of
.. "' .. Environmental Management of the Department of Natural and Economic
Resources, that he has read the foregoing Complaint and knows the
contents thereof, that the same is true of his own knowledge, save
and except those matters and things therein stated upon information
and belief, and as to those, he believes it to be true.
This the '" day of August, 1975.
\
.• ~, t' _. .__. -... Sworn and sub.ibed
me this /.1. day of
Notary Public
to before
August, 1975.
My Commission expires:
-17-
~~I'"'"'~,.,,.~··· -·
/~~(;~ct>-~ , '~.: .
. · .. ,,,. ..
STATE OF NORTH CAROLIN.\
COUNTY OF BRUNSWICK
Dr. Jacob Koomen,
says:
cr.tf"'\Y'n _, ",__••I deposes e.nd
That he is Director, Division of Health Services of the
Department of Human Resources, one of the Plaintiffs herein, that
,: . .;.,'
he has read the foregoing Complaint and knows the contents thet:eof,
·E:--
that the same is true of his own knowledge, save and except th.<;>'.~e
-:.:I~t
matters and things therein stated upon information and. belief ,"Tf
and as to those, he believes it to be true.
This the day of August, 1975.
(1 /i c✓,c.6/ ~__.,,./Jt.i-·I\.
1Dr·. Jacob Koomen ,../
Sworn ands bscribed to before
me this-*--da of August, 1975.
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',":~--:~-;_: · , · 1i:' is.· requ~si:~a· .that the f.;llo~J~ :·check~/l>e:isaii;;t,1?.;·??'.'t·}~f(}'.~t;.:Vhf-±: "f">:"!n"<•' ,, • 'f' ,,, f' <' d. < ~-~-A~r•~.:,.,::'1..•1..,'\• .... i"':~,'\'.:t~.~-·j;"•I
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• • • cover ,,the· expense-. or. service· o , process· an .for,.filing ·a•:, .. ,_.,,,,,., <'·1,·,·,,·-·.·:::ic•::'. .:·
' ;,,:'.(~!):-/! i ~;.::';:;i .. ·" .~,: complaint A>y: .. :the_: /1,t_t~rney J,Gen~_ral '.~giiinst'.tpf:C.-' ::1,.;tHugl:!es ~.:, · ;;;::: .. ,:\~~;J,ti~?~.t:;0t:
: ::/r2u~:~{:/Eii ~;_;:~·{}1t~~'.l~ti!c$t[1tb::l::':'.;if ~~Y::}(;);/;:\1l7Jti~iJi\:~lj}f Jf#!~rt&:w.~t;i:;:~!½f ,,~~ , .··, • · · ... , . , __ ,:.c,·,;c: ·.·;' 1:·oo;;to-:-Betty-B.''•Jenkins ~,Clerk:~of:-Superior••Court,:1,~':l::·c•''s~ ... ,1.<,,:•,t;#,•<,)·,i, .. ,<'1<'.-•• •· S , I ,,·,\•Y,''r:. < , ,;, , • .,• .,. •• .' C ,., '""•'• ,, ·., , • . • . '," . • ' c, .,,. ,,,,•i,',co\"a.-~, , •. • .~,~ ",'i', •-• ... !• ... •.•11'•~• • ...,,-,,._,,..,,~, , • .. : ;·,.,., ii••""•·.::":ro1.·./:· ;••f.~,c;:,,,,'sfi·.,~-1, ,., Gas tons County ·for• .filing· .complaint ,.with>lthe ·:Clerk;·,.,,:.:,r.-:s,;;t~.',tf1"1:i:"·:ii-"""1't:...-·:\'.\; fA1f k:I,Ji.~{'f:;:.;::J:1JI?~f!£:?{f ~\~{~(:ffff,f ,1t;1·\t1'.'3 Jf;~{t;;_}if;gtS:fJ\0f;t,;it2.t~\1'i~iil;f~\:t;,tf~i!iil~::!ii~i~~~~1~~i , .. ~i:. . ..,-;:•.z~";,_-,,rc .·, .. -... ,.-:·~s,,·2, -,-,$4. 0!).•.to ,Robert J .•Pleasants; · . .}lake .,co_unty, Sheriff_,. ,;,,..-,,,,,,,:1;,;;,,2,;;;:',µ,r,,/rc; :. · -it{\::::..,:31~~./ ::'.·:(:~/;i\;:-:: ;S·'./:J,i.f:/' :., \; }f '.'.-:i · !-•:; '?'/H:-··-s}·:/i: :";·\:ti:'~h:;,%~\;:?:;:,:;tir .,:~¾';";{~;_~_t}:tiRfii~-i5.ft,t ,_ ."•;'."°:"·1.~.:.,ti,,,;, :...~ ·: :·.:,-\',;,;.13 .-:·)'$1'; 00-, to ,Thad. Eure,. Secretary-:of · State''•for ,North·'.;,:,,::t,·. :; ¥;,f·i J:,,//4\~l~i 31!:'.'!~it;s?' ?'f. ?"1t 0 ::t?ir e ~xr f .. ::f iif }1; ·• ir''t~t;~~tt~lt.~~~
,·.:'!{_;,,,£;,,,;:i: ,~f-,'•-:,C:(: ·. :·:"c. _-~;,;'.;s~ .. 4. : .$4 .. 00-. to .. Donalci•_W. 'Stahl;: Mecklenburg, ;County·. Sheriff::;,;,;r)~:~:.0;7~,o· .::~:t~;~~t~f i~t(:lf: i ~:iff \tJf l;.1 :,;; ,_.g ?i\-11·: i!,t}.j;\~\f-'t:~1~~;;: ??\\~j;f ti':'.'{{~{:{::.~:· i-€?-t\1:'r';:i.'~iG:::X~n~tf.t~i~ii~it: ,.,,, . .,,,,.,v,.,, •.. ,,_ -,, ,:. ... -: . . : --,-· '"'.5 ... ,. $2. 00 .,to:,T., Dale ,Johnson,· Catawba ~vunty .. Sneriff ,,·:.;·.::::'-'•··a,J'"-•··'-"""'-''i-"-;;.:~{J-;;!,;;~/;;.!.,::-~~:,·-:•:--::'c;·;,;f//J~-'.'~•~:;;};_,/f·f: '.,t-.:.0J,1t~~:;-,;;. ·;;;;,:, ,:,f;,;';~'!;,i,1',;,.)~f'J,.;,'/i,~ttt¥ii'e.\t/1Jti(;;i(~S,~V./Ml~;tfi
·.:· i.·.:;. ·; · ... " .·,·. . ...... ,,.,:-.,,:6;: '$30:0o to'.'.Cash'.F.iWilliams·,~-Greenvi!!le::Couxity:islieriff}~~\i':·i~;,,,;_:J_;:%,V)ti\:
_ .. ,
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JAMES E. HOLSHOUSER. JR.
GOVERNOR
DAVID T. FLAHERTY
SECRETARY
MEMORANDUM
TO:
FROM:
SUBJECT:
STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES
Division of Health Services
LABORATORY SECTION
P.O. Box 28047 Raleigh 27611
August 5, 1975
Mr. W. J. Stevenson, Head
Water Supply Branch
Sanitary Engineering Section
Robert J. Drye, Jr., Ph.D., Head
Environmental Sciences Branch ff)(!
JACOB KOOMEN. M.D .. M.P.H.
DIRECTOR
Addendum to Memo "C. A. Hughes, Inc., Continued" (7/31/75)
Per your instructions as a result of your recent conversations with Mr.
Bob Riley, the following additional information should be substituted
for the second paragraph, second page of the Subject Memo.
According to information supplied by you, 11.8 hours is required for
a unit of water to move from the C. A. Hughes s·ite via the adjacent
tributary, Fites Creek and the Catawba River to the site of the raw
water intake for the Town of Belmont. Of this time/ 6.1 hours is re-
quired in moving from the confluence of Fites Creek with the Catawba
to the intake site. It is in this portion of the River where any
significant dilution of any spill from the Hughes site would have to
occur if Belmont is to continue to draw suitable raw water from the
River. Dilution in the tributary and Fites Creek alone would be in-
significant, especially if the spill were of appreciable magnitude.
On July 25, 1975, this section of the River was flowing at approxi-
mately 5400 cubic feet per second. This flow includes the 2-3 cubic
feet per second from Fites Creek. The time, 6.1 hours, converts to
21,960 seconds. Mulitplying time and flow, (21,960 sec. X 5400 ft./
sec. X 7.48 gallons/cu.ft.) the volume of water in this portion of the
River approximates 887,008,320 gallons.
(·
' -u~~-
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l_r, -(
~
y
JAMES E. HOLSHOUSER. JR.
STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES
Division of Health Services
JACOB KOOMEN. M,D .. M.P.H.
GOVERNOR
DAVID T. FL.4.HERTY
SECRETARY
P. 0. Box 20DI
Mr. Robert R. Reilly
Associate Attorney
Attorney General's Office
Raleigh, NC 27602
Dear Mr. Reilly:
Raleigh 2_7602
August 5, 1975
We have reviewed the letter from C .. A. Hughes, Inc. in
Charlotte, North Carolina, regarding their plant in Gaston
County, a copy of which was submitted to this office by you.
Our comments regarding this operational plan are as follows:
1. In item II-D. A schedule should be established
for removal of.the non-burnable materials from
the plant site.
2. In item III. The effluent removal is not clear.
A time schedule for immediate removal of the
burnable materials should be.established.
3. Item III-B indicates that the slurry or solids
will be buried with the approval of the Division
of Environmental Management. However, the
Division of Health Services Rules and Regulations
prevent burial of material of this type in a
Sanitary Landfill. The same comment would apply
to III-C.
4. Item IV-D Clean empty drums. Here again, the
plan proposed is not clear and seems to indicate
that a drum cleaning operation would be inaugurated
or is now in operation. This be the case, how is
the liquid waste from this particular cleaning
operation disposed of.
5. Item V-E. Provisions are made for stopping any
leaks found, ect. However, no provisions are
made for the clean-up of the spilled materials
which should be held within the berm.
DIRECTOR
Mr. Robert R. Reilly
Page 2
August 5, 1975
6. Item VI-D. It would seem that drums containing
non-recoverable, flammable liquids be removed
from the site immediately and taken to an
incinerater for destruction.
7. Item VI-N. The number of drums which will be
removed from the plant during a workind day
is
8. Item VI-0. The estimate time to complete the
work on the South storage area is __ .
9. Item VI-P. The drums containing paint on the
North storage area are to be removed from the
plant site immediately.
I hope that these comments will be of help to you.
Very truly yours,
W. J. Stevenson, Head
Water Supply Branch
Sanitary Engineering Section
37 . .1.:z O:' trO~TH CA.Ret.!::.A. tlX ~!!:,
:i.:.:::;s !.. :~:-t!ST~l •. l..:'!-,::'l9/
-:;~~sr:1.:.; J~~,; z. H.A_?_u::~TQ;,1,
5 ~:.::=1::.!.:y, C.!?"':t:::.an.t ~!
::.!'!'~ril an.:! :::o;.or.i.ic :-i.a10~:ceJ;
~~-J~C03 KOJ:~~~, Oi:sc-:o=,
~i•Jision o! r!-!al~h 311:vicaa,
Je?1:-:=:sn'! of !-i•i."':.U\ ?.s.sou.-=.:es
?L\INTIFFS
v.
)
)
)
)
)
)
)
)
)
C. A. HUG~S, INC. 1 JF-JX:O, ) rite. I DAVID M. NEILL; C. A. )
ffilGi!ZS; CaARU:S O. MIU'ORD, )
II!; Cil,\.'U.ES L. ALFORD, III; )
J.'IM.ES M. F~NCl!; Tl!OllAS PRl'.i?.d.a., l E. o.; SLo,;.v, JR. }
DEFCIOANTS )
-·•· ·•
--~.;. .:.;..• .:.?.-,_ ·.::::?.':" OF ,;·.:s:-:.::
5·_7 ::~:: ~ ':::H.:~T O :·,z~ :::i
,_1.,1 rnJ"'
cc:.:::i· :..::;-j'." .:.::J :-:.:i:-:•:::r
F~?. :-f:'..?O? .. :.?.Y r.z=::.;::-!f~:-j 0:t!:!!:ll .:.~:o
p? =-r.::-::::.:..?.Y I :;Ju::cT!Q)l
The plainti!!, State o! North Carolina, co~plai~L.~g of
t~e d~fenCar.ts, tr.=ouqh Attorn!ty General Ru~~s L. E~~ist~n, J~~•s
E. Harrington, and Or. Jacob Koo~~, who are acti~g ~o~ ar.~ on
b~t"-.3.lf of the Sta.t·e within thei:-:'t?S?ec-:i•1e ar~a.s o! res;,:ir.sibilitj·,
l.
C. A. Hughes, Inc., is a corpor:ti~~ organi:~d and
existing under and by virtue o! the laws o! t~2 State o! ~orth
Carolina.
2.
JAOCO, Inc., is a corporation org~nized an1 existing
under and by virtue o! tho laws o! the State of South Carolina,
and does subatanti&l business in North Carolina. JADCO, Inc.,
h3s not been issuod a Certification of Authority to transact
business in this State.
J.
Defendant Th~~as Pru~tte is the Preside~t of C. A.
Hughes, Inc.; Defend3nt David :-1.·::eillis th~ Secretary of c. A.
Hughes, Inc.: and D~fenda.nt c. A. Hughes is tte fot';.'.er President
of C. A. Hughes, Inc. Defendar.t Charles O. Milford, III, is.the
--...
?.:~J:.~u:.e o! J~O, !:i.:.; O•!!t:-.:.l.:-.:. Jc:.•• '.·~. !=!:t::":. is t.~• 5'9c:t":.!.:',,.
-. .
.., -. ,
=! J.;t;CO, I~::; ~a!e~~.s..~: i. 0. 51~~~/ia :~ii~~~ o! t~a 3~~=: ~=
~~=~ct~:s o! JAOCO, !~:.
o~he:: wasee sU..:,sta.ru:e1 .!rom ir:i•J..s:;:ia» !~= a. !et, =J!?:oc:ass-si
an~ recovars ~hst whic~ is reusab:a a~d selll ~~a =~?roeess~d
s.
The defendant C. A. Hu;~••• Inc., O?s:ated t~a chu,ical
plant loc&ted. on. S, R. 2035 in. Gutoa Co@t:, !:oet l97l u:icil Hay
l, 1975.
6.
~h• chu,ical plant is located on~ tract of land which
slopes gradually towards the midcla. An u..~~=•d cributar-, to
Fites Creek flo~a into a culvert at tte ,~u:h end of tha pro,erty
th• culvert
and proceeds th.rough/down the r...i~:le oft~~ prO??:-cy ur.til it
e.::-,erc;t!s fro:-:i the c:1.1,lvert no:-t.h o! t.~~ c:o:-.::01 ;-:..i..:.1c:..:-:g. r:1e c!is:a!"l.ct1
troo th~ C'.Jlvert is ap;,:oxizr.at~l::· 't.<l:'\ fe.~:.. The control ~uildinq',
construc:ted ot c:inder bloc:k and h::,uaing t·<o c;-lindrical_::anka of.
-~•pproxizutely 9,000 9alioii"·c:11pac:ity ,. ia leanir.; northward and
downvard in.to the tributuy. A c:on.crete sla~, between the control
building and the tributary, haa already fallen into the tribu~ary.
The still which reprocesses the chtll'lic:al waste is located approximatel:
twenty !eet south of the control building. A large tanker tr~ck
is routinely parked between the control b~ilding and the still
tor the purpose of transferring liquid ch~nicals between the still
and · the tr·~c~.. An 8,000 gallon and a 10,000 gallon storage tank ~,::: -.........
are located approxi111&toly fifteen !aet "••t of th• still. Four ·:~·
__ 20,000 gallon atorac;e tanlta and.a 2,000 gallon atorag• tank are
located approximately twonty-five feet east of th• still. A
water tanlt, a cooling tower, two 4,000 gallon ta~~•• &ad a 2,000
9all011 atoug• t&nl< are loeatod approxima€'etYnirty "'!eat: east
ot tho control building. A steel beam structure ia attached to
. _,_
JAMES E. HOLSHOUSER, JR.
GOVERNOR
DAVID T. FLAHERTY
SECRETARY
MEMORANDUM
TO:
FROM:
Mr, W,
~obert
STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES
Division of Health Services
LABORATORY SECTION
P.O. Box 28047 Raleigh 27611
July 31, 1975
~c:i0J =d-c
~f
JACOB KOOMEN. M.O .. M.F'.H.
DIRECTOR
J, Stevenson, Head, WATER SUPPLY BRANCH, SANITARY ENGINEERING SECT.
J, Drye, Jr., Ph.D., Head, ENVIRONMENTAL .SCIENCES BRANCH
SUBJECT: C. A. Hughes, Inc, Continued
On the day when I visited the C. A. Hughes site with Mr. Bill Strickland of
your section, Mr, Jackson of the subject company gave the following approximation
of materials on hand at his operation:
1. Tank -20,000 gallons -Sludge
2. Tank -10,000 gallons -Sludge
3. Drums-2,500 X 55 gallons -Sludge
4. Drums-4,000 X 55 gallons -Liquids (Solvents)
5. Drums-4,000 X 55 gallons -Water Solubles
The water solubles would yield approximately 500 drums of sludge following the
reclaimation process. Mr, Jackson stated further that the distillation operation
generated approximately 50 drums of sludge per month from the approximately seven
to 10 drums processed (distilled) per day. In addition to the materials listed
above, Mr. Jackson reported that they had on "high ground'; an undetermined quantity
of paints of unknown composition and/or origin. We observed several hundred drums
in one area that appeared to be the paint products described by Mr. Jackson.
Let us assume there are 100 of the 55-gallon drums that contain lead-based enterior
paints, or 5500 gallons of paint. Also assume that these paints contain two
pounds of lead per gallon and that agillon of paint weighs 14,5 pounds. The two
weights were verified via two sources; (1) Clinical Toxicology of Commercial
Products ~1969), Red Section, page 107, "House Paint-Exterior"; and (2) Mr. Milton
Croom, owner, Cal-tone Paints, Raleigh, N. C., see sample calculations below:
100 Drums x 55 gal./drum = 5500 gallons
5500 gal. x 2 lbs, lead/gal.= 11,000 pounds of lead
ll,000 lbs. lead x 453,6 grams/lb, x 1000 milligrams/gram= 5 x 109 milligran
To dilute this quantity of lead to meet the Public Health Service drinking
water standards of 0.05 milligrams lead/liter of water (0.05 ppm) would
require 26,420,079,260 gallons of water. See calculations below:
5 x 109 milligrams of lead = 0.05rrilligrams of lead
X 1 liter of water
X = 1 x 1011 liters of water
= 3.785 liters on'h gallon
1 x 10 liters = 26,420,079,260 gallons
According to information supplied by you, 6.1 hours are required for a
unit of water to move from the confluence of Fites Creek and the Catawba
River to the site of the raw water intake for the town of Belmont. On
July 25, 1975, the river was flowing at 5400 cubic feet per second. The
time, 6.1 hours, converts to 21,960 seconds. The volume of water in this
section of river thus approximates 887,008,320 gallons. See calculations
below:
21,960 sec x 5400 cubic feet/sec x 7.48,gal./cubic foot= 887,008,320 gallons
If we assume that all the lead in the 100 55-gallon drums of paint was uniformly
dispersed instantaneously in the water in the Catawba River between the
aforementioned points on July 25, 1975, the lead content of the water would
exceed the Public Health Service drinking water standard for lead by approximately
30-fold.
RJD/jbw
. ···•·· ·'. ,'. ;. -·
July 30, 1975
"-1./e have been a3ked. to co=ent on the possible effects of chemicals
stored at the C. A. Hughes site in Gaston County, N.C., on the ~uality
of ,-,ater in Fites Creek and that portion of the Cata"1ba River serving
as the watershed for the city. of Belmont, N.C. In our opinion, the
chemicals storad in the approximately 10,000 55-gallon drums on the Hughes
site could in 1:he event of fire, flood, or other natural. disas.ter pollute
the aforementioned watenhed •. The severity of the pollutional insult would
depend on several variables: (l).the kind of_c:hemicals prellent; (2) the
araount oLeo.c.l\ chemical· present;· (3) the interaction of chemicals present;
(4) the extent of involvement of those drums on the site' (one drum, two drums,
10,000 drums); (5) the quantity of water in Fites Creek and the· Catawba River;
(6) the rate at which the river .is flowing;. (7) the rate· at which Belr::ont is ·
drawing water frOtIL the river; and (8) other pollution in the river at the tL,ie.
. .
. Our_ primary concern is that. no one really knows what is stored on the
Hughes _site. Therefore,· a thorough evaluation· of the pollutional. potential
of chemicals stored-there-cannot be made; We know that ·sonie of the chemicals
stored there are ·toxic._ Physical, chemical,. and biochem.u,;i.J '·data ·are provided
in ~. gtt::.c.l:::::a:t·: f~r. =3v:ral · Of. the=e. ehe!??ie~l!!. · A !H.!m!:ter-of':· t-ho. 1 i !! t-•ri. CC'm!'O!!n~s:··
·. are i~olubl.;-in water; however, they j:.annot be completely disregarded •. These ·
compounds are soluble in several of the solvents stored·at the site, and these
solvents can in turn:be soluble in water. Therefore, the non-aqueous solvents
can serve to facilitate the solubility of water-insoluble chemicals with water.
We do know that approximately 4,000,000 pounds of chemical wastes are
stored at the Hughes site. We also know that a significant percantage of
these was.tes are chemicals hazardous to humans, wildlife, and for plants.
Further :ext:rapolation of toxic potential is not indicated until a drum-by-drum
chemical analysis is supplied that permits a complete inventory of those chemicals
present.
It is our opinion that the situation at present represents a chemical
Pandora I s Box. ··Based on our ignorance of the entire .situation, we
should expect the worst and plan for the same. In this light we see
the Hughes situation as a threat to Belmont's water supply. The
oagnitude of the threat· is dependent upon answers that we domt have
and probably cannot expediently obtain.
This. document was compiled by John E. Stillman and Robert J.' Drye, Jr~
Both have degrees in Public Health. Combined, their experience in
Environmental Sciences totals approximately 10 years, exclusiv" of time
spent in college, A brief resume of academic training for each writer
is outlined below.
John E. Stillman
B.S. -Syracuse University
M.S.P.H. -U.N~C.
M.A.B. -N. C. State
Robert J. Drye 1 Jr.
B,S. -N. C, State
M.S. -N. C. State
Ph.D ,-U .N .c •.
'~-c.:~·; ..
' . ...:·-"•.···.
._.,.. ._ . ·. ~.:...-_·~ ... ,, ..
. ,,,•': r-. /:. :_:,.:;
Mr. Robe=t R. Reilly, Associate
State of Worth Carolina
Department of Justice
E. o. Box 629
Raleigh, N. C. 27602 ;:
Dear Mr. Reilly:
In answer to your letter of July 22, 1975, the following
procedural or opera tin~ plan is Sl\ bmi tted for your
approval.
The C. A. Hughes, Inc •. ,. plant located in Gasto_n County
is in business to conduct solvent reclamation, solvent
disposal, and effluent removal. The procedures for-
co::::.ducting each of these operations is outlined in some . ·
detail below. · · ·
I.·. Solvent Reclamation
. A._ Transportation to and from plant.
B.
D.
· 1. By co=on carrier ·-bulk in tanker, drums
in_box truck or trailer
2. By C. A. Eughes, Inc., Eq~ipment -bulk in
tanker, drums in box trailer
3. By customers equipment -bulk in tanker,
drums in box truck or trailer
Storage
1. 3ulk
(a) -In C. A.' Hughes storage tanks behind.
approved ~ykes (see Section V)
2. Drums
(a) On pallets to keep off ground.
(b) Normally not more than 60 days·
(c) Segregated acGordi~s to con~eats
(J) 3ac11 are~ to ~9 surr0uuieJ by 1erms to
co·2 t:1111 .-~'."2/ s~;ill.::~.;e
Process
1 •. Closed distillation system
2. Venting of still through activated carbon
trap
Records
1. Perpetual inventory to be maintained for
all material on. plant site
II. Solvent Disposal (see also Section VI)
A. ;j:dentify contents of each drum or tank from
_,,-/
III.
IV.
I.
invento=y, by sampling, or ~Y tot~
B. All s~or~~e ta ~e in dyked .. or b~~3ed areas
Reclamable saterials to be recc7ared in
closed distillation system a~ a rate of 50
dru'.:'.s a cl :,.y
n
V •
D. Nonrecla:.n;;.°':Jl8 _b:1:-nable !:la.ter-2..::.l ~c be s·:o;.~ed.
temporarily in drums in ber:1ed. urea for su:i-
sequent hauling to incinerator for destruo~ion
Effluent 2eilloval r/ ,I c/,,~/
(Includes ~;asta f1·actions fro~ dla~lllation 3uc~
as water cuts, off-grade cuts, and ~ottoms cut
as well as solids or slurries or liquids collected
in bermed areas)
A. If liquid, dispose of by incineration as done
in II-D
B. If slurry or solid, bury ,'ii th approval of?
Di vision of Environmental 1,ian2.g emen t. K . r,
C. If non-leachable solid, place in landfill //,, Sq/'/
0 ofh~r .=vfl'r,:,:f/ . /l'q,,/)
Drum Handling u ,
A. Transfers from Drums
1. Drums to be moved to unloading area wi tb.
care, bungs in or tops on with.proper gas-
kets.
2. Drums to be opened by removal of bungs or
top ( open-top drums) not by cutting holes in
drum except when absolutely necessary.
3. Care to be exercised that all piping, hose,
and connections have no leaks.
4, Drums to be drained as completely as possilbe.
5. Emptied drums to have bun8s replaced, or top
replaced and properly clamped.
B. Transfers to Drums
1. Empty drums to be brought to loading area
with care.
2. No bent, or dal!laged drur:J.s to be filled.
3. Drums to be filled no closer.than 2 inches
from -to;.
4. Bungs or tops and gaskets to be replaced
before moving loaded drums.
5. Filled drums to be labelled w~th contents. c. Drum Pickup, or Delivery
1. Refuse receipt of any drum t:1at leaks, is
badly bent or da~aged.
2. Refuse recetpt of any drum that is not pro-
perly sealed -bungs or tops not in place
with necessary gaskets.
D. Clee.n Empty Drums
1. Provide separate storage area
/I✓ her/-c;I bk/1.. L,t/ 0 r/.c-,, :1~~.:? /;l c!>t//J /117
/
t.,;. :3ul~c Storage
VI.
?
A.
C.
D.
Larger q_uantitie3 of material3 ~.rill be stored
in bulk stor3.ge tanks Hhenevey possi:)le.
_Ul bull: storage t2.:1ks will be in Jy'.-:ed areas
to contain any s:oills or possible o·re:::'flo•.-1s.
·The same precautioc.s 1~•ill be used. i2.1 trans-
ferring material to cL'ld fro::n ta:'.l::::: =d to
tankers as used. in· transferring to 2..nd from
drums, i. e. care will be taken tr.a;; all trans-
fer lines, hoses, iiu::cps, etc. show i:o evidence of
lsa~cii:5.
An operator will be present throughout the ,..,,..,· ~···
tra!lsfer to insure t!lat tanks or tan.'..cers arer,P £...-1 -f"
not overfilled. •o-· ,·, ~
If any leak develops during the tra.nsfer, the p:-·
operation will be halted until the leak is re-
paired. u.,/ !, o/ t1ho,-, (-c,/,,.,,,., ;.,/" o/-f /211/eo/ 1/)«(/f/ 4/ ~-~ 61'.,-A-{
Removal of Accu::ulated Drums
A. Bermed sections to be constructed on upper level
for temporary drum storage. ·
B. Drums containing recovered solvents to upper
level for subsequent hauling to custoriers.
C. Drums containing recovered solvents to upper
level for temporary storage and subsequent pro-
cessing in C. A. Hughes equipment.
D. Dru::ns containing nonrecoverable fla=able
liauids to uuuer level .for subseouent hauli~ /41.
away for destruction by incineration. ;,.,,,,,,"cflt:1 . 7
E. Drums containing sludge or solids to upper level
for eventual disposal in cooperation with the
. Division of mvironmental ;,ianagement.
F.. No drums will be moved unless properly sealed.
G. Leaky drums will have contents transferred to
another drum.
E. .ill d-rums will be identified as to contents.
I. Druss will be.s~ored no more than 2 high.
J. Hor}: will-involve the south storage area first.
~~.. Eiscellaneous scrap rnetal items to b:~ removed
fro:n south stor2.ge area and plant site.
L. Vacated area will be cleaned, bull-dozed if
necessary, 2.!ld bu:tiei dru!!ls in southwest cor:c.er
reEWVerl.
l'
o.
:3er:o.ed. areas will be constructed for clJ-!22.mic
drum storage.
A EiniDUE of druEs ,~11 be reooved froo the
ple.:i.t site eacG. wor~-:ing day.
Esti=ated time for comuletion of work in south
stor2.ge area is ? • ·
:Orums containing p2.int in ::orth storp.gP area
to be reuoved fro.m plant site ,·m/1/,tl.cllj
)
I
)
J?ase 4
Q.. Old tanker tre.iler in north area· to be removed
frocll plant site.
R. Scrap metal in north area to be removed from
plant site.
S. ~r~2s in north storage area to be categorized
and move to up:per level temporary storage as
was done with dru:J.s in south area. :3o!!!e·drums
,~11 be moved directly to revamped south storage
area for proces3ing.
T. Dru~s along fence ta be categorized an~ noved as
was done with those drums from the south and
north areas.
U. 1-Torth area tci be cleaned, bull-dozed if necessary .. ' and seeded.
V. Drums will be stored no closer than 20 feet from
fence.
VII.• Procedure for Handling Spill Event
A. Hotify proper governmental units as posted on
up-to-date list in office.
B. Obtain and store reasonable quantity -of sorbant
material to prevent excessive seepage in event
of spill.
C. Maintain on hand 200 feet of rope to isolate spill
area if a spill occurs.
JJ. Hain tain adequate portable battery .operated lights.
I believe this above outlined procedural plan should prove.
adequate for the proper operation of the 8. A. Eughes
facility. If additional information is desired, please
advise.
..
_,:..[, i. ,• ;-
Sincerely,
David E. Feill
C. A. Hughes, I~c.
..;--i-' .··,-<"., _.-:-.--... ,.,.
·~·-,.
.-• ,•_;..,
! '
--.:: ; . .-:·-·,.-'
.,,.. __;..--. --74 . ..:....--.' . . , ~ l ·v-l / " ~f-~~!.-(D ·; .. -~ !.-··-·
DEPARTMENT OF HUMAN RESOURCES
Division of Health Services -Raleigh, North Carolina
OFFICE VOUCHER
Memorandum July 28, .1975
To: Rodney c. Hobbs, Budget Officer date
Subject: Request Check in the Amount of $ --'2"'5,_,.c.=00=----------
Invoice Deduction Net Voucher * Requisition Prog Obj Proj Fund Amount
Amount or Discount Amount Number or Contract No. code code code code
: : : . . : . -~-: : :
: : :
: : :
ss No./IRS No./County Code: : : :
: : : . : : .
Name of Payee: Betty B. Jenldns : : :
: : :
: . : .
Address: · Clerk of Superior court, Guston County . : : :
street address box number : : : or : . : .
: . : . . : : city or town, stat.e, and zip code .
: : : . : : eard Check
: : :
to: Rita Lee, Room 201,, Bath Bilildiag : : : .
: . : .
: . : .
Prepared by: Rita Lee : : :
: : :
: : :
Approved by: : : :
: : : .,
: : :
* Identify requisition or contract number by adding the letter "R" or "C"
, to the number. Ex: 246930 R or. 64378 C Total:
DHS Form 1069 (Rev. 1/1/74)
T"\ •• ,, --l-I"\-""'-! -~
DEPARTMENT OF HUMAN RESOURCES
Division of Health Services -Raleigh, North Carolina
OFFICE VOUCHER
Merrorandwn July 28, 1975
To: · Rodney c. Hobbs, Budget Officer date
Subject: Request Check in the Amount of$ :U..00 ~~-------~---
Invoice Deduction Net Voucher *'Requisition Prog Obj Proj Fund Amount
Amount or Discount Amount Nwnber or. Contract No. code code code.: code .. . : . .
,-:;;;-
. : : • . : . . .
: : . .
: . : .
No./IRS No./County Code:
-. . : . : ss .
: : :
: : :
Name of Payee: : : .
Di.right L. Beam . . : . : .
' : : . .
Address: : . :
Sheriff, Gaston County
.
: : : street address or box nwnber : . : . . : : . .
: . : city or town, state, and zip code . . . . . :
: . : .
r-=-•. : : : :
leward Rita Lee, Room 204, Bath Building . ; . . : Check to: . .
: . : .
: : . .
Prepared by: Rita Lee
. : : .
: . . :
: : :
Approved by: : : : . . .
., . . .
: : :
* Identify requisition or contract nwnber by adding the letter "R" or "C"
to the nwnber. Ex: 246930 R or. 64378 G Total:
DHS Form 1069 (Rev. 1/1/74)
·n•,~r-..... + "f'f'..; ,...o
July 28, 1975
MEMORANDIB1
FROl1:
),",r. Johnny Poplin
efBudget Offic't ifJ-
. Iv. J. stevenson, Head
Water Supply Branch
Sanitary Engineering Section
SUBJECT: Complaint Against C. A. Hughes, Inc.
Gaston County-Budget Code 1517
It is requested th£lt the following oheok.s be issued to cover the . .
expense for service of process and for filing a comp] ei ot by the Attorney
General against c. A. Hughes, Inc. /
1, $14,00 to Mght 1. B8l\lll, Sheriff of Gaston County for
service· of proaess. !. .•
2. $25,00to Betty B. Jenkins, Clerk of Superior Court,
Gaston County for filing complaint with the Clerk.
CCI Hrs. Betty Briggs
JAMES E. HOLSHOUSER, JR,
GOVERNOR
DA.VIC T. FLA.HERTY
SECRET A.RY
MEMORANDUM
TO:
FROM:
SUBJECT:
STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES
Division of Health Services
P. 0. Box 2081
July 24, 1975
Mr. W. J. Stevenson, Head
Water Supply Branch
Raleigh 27602
Sanitary Engineering Section
cf,'"9,<4.
E. D. Herndon
Regional Engineer
Water Supply Branch
Sanitary Engineering Section
C. A. Hughes, Inc.
Plant Located on S.R. 2035
. Gaston County
JA.COB KOOMEN,
DIRECTOR
I attended a public meeting in Gaston County on July 22, 1975, regarding
the C. A. Hughes, Inc., plant located on S.R. 2035. The purpose of the
meeting was to provide an opportunity for the residents in the area to present
their comments regarding the operation of the plant at its present location.
The plant is adjacent to a residential area.
Representatives from the Gaston County Health Department, the State
Attorney General's Office, the Division of Health Services, the Division of
Environmental Management, the Belmont Converting Company water filtration
plant, and the news media were present. Mr. E. Graham Bell, Gaston County
State Representative, and approximately 80 ·citizens were also present at
the meeting.
Mr. W. M. Haislip, Director, Environmental Health Section of the Gaston
County Health Department, presided at the meeting. Mr. Robert Reilly,
Associate Attorney General of the State Attorney General's Office, informed
the citizens of the position the State has taken and the deadline of July
29, 1975, for the submission of acceptable plans for site improvements, a
spill plan and an operational plan.
' Mr. W. J. Stever.~
Page 2 ,
July 24, 1975
The citizens presented comments regarding the problems they had expe-
rienced since the plant had been in operation at the present location. All
of the comments which were made by the citizens regarding the operation were
negative. The citizens were unanimous in their request that the plant be
closed down permanently and the chemicals removed from the site. They were
of the opinion that sufficient evidence was on hand, based on their personal
hardships and such information contained in report of investigations by
State agencies, to confirm that the facility (at its present location) is
a nuisance and a health hazard and that this evidence warrants the closing
down of the facility permanently.
Representatives of the State have visited the site, reviewed the plans
which were submitted for improvements to the site, and made comments regarding
the necessity for additional improvements which would be required (to include
a specific time schedule for completion of improvements and the removal of
the stored chemicals) in order to approve the continued operation of the
facility at its present location. A detailed operational plan and a spill
plan has also been requested.
The plant is located on a public water supply watershed and operation
(under past and present ownership or management) of this plant at this site
is not acceptable. The operation of the plant under the management of
Jadco, Inc. has improved. We have no guarantee that ownership or management
will not change again. The management will not guarantee that a chemical
spill (as a result of an accident or an act of vandalism) will not occur
even though the improvements are completed and an acceptable operational
plan is implemented. We also do not have any assurance that no hazardous
materials are stored on the site at the present or will be stored in the
future.
If a plan for site improvements, a spill plan, and an operational plan
is submitted on schedule and is accepted by the State, the site improvements
completed; and if the spill and operational plans are put into operation,
I do not concur with the continued operation of this facility at the present
location. The following comments are offered as a basis for my opinion:
1. Several spills or illegal discharges from the facility have
occurred and are documented by the Division of Environmental
Management.
2. The area has been flooded (during excessive rainfall) twice
this summer and resulted in unknown quantities and contents
of chemicals being discharged into the stream. Flooding of
.the area could reoccur.
3. The numerous problems from odors and illegal discharges, which
in the opinion of the citizens, were related to the operation
and location of this plant near their residences.
. ·~
Mr. W. J. Stevet•·
Page 3
July 24, 1975
4. The possibility of poor management and/or poor operation of
the plant in the future could result in illegal discharges
of hazardous chemicals into the stream.
5. The possibility of acts of vandalism at the plant site could
result in the discharge of hazardous chemicals into the stream.
The site of this operation is located on a tributary to Fites Creek which
flows into the Catawba River (classified A-II). The plant site is located
approximately 2.2 miles above the point where Fites Creek contravenes with
the Catawba River. The point where Fites Creek contravenes with the Catawba
River is approximately 2.7 miles above the raw water intake for a water
filtration plant which supplies potable water to the Town of Belmont.
Due to the potential of hazardous chemicals being discharged into the
stream resulting in the possible contamination of the water supply for the
Town of Belmont and due to the numerous problems (presented by the people),
which in their opinion were related to the plant being located near their
residences, I recommend that the operation of the ,Plant at the present
location not be permitted and that the owners and/or manager be required
to remove the chemicals stored on the site and the contaminated soil from
the site within a specified time and disposed of or stored in an approved
manner.
JAMES E. HOLSHOUSER, JR.
STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES
Divi.siun of Health Services
JACOB KOOMEN, M,C., M.P.H.
GOVERNOR Cl RECTOR
OAVIO T. FLAHERTY
SECRETARY
P. 0. Box 2091
MEMORANDUM
TO: W. J. Stevenson, Head
Water Supply Branch
Ralci~h 27602
July 24, 1975
Sanitary Engineering Section
cf.[),~-
FROM: E. D. Herndon, Regional Engineer
Western Regional Office
SUBJECT: Investigation of Chemical Spill at C. A. Hughes, Inc. Plant
Located on SR 2035 ~ Gaston County
I arrived at the C. A. Hughes, Inc. Plant in Gaston County at
2:40 p.m. on July 15, 1975.· The .purpose of my visit was to
investigate a chemical spill brought about by excessive amounts of
rainfall in'the area, The plant site on SR 2035 is situated on a
tributary of Fites Creek which flows into the Catawba River, which
is.classified A-II, a source of water supply for the Town of Belmont.
The excessive rainfall has resulted in the flooding of Fites
Creek, its tributaries, the plant site, and the low lying areas
downstream from the plant. The flooding condition washed approxi-
mately 40 to 50 barrels of unknown content from the plant site
into the stream. Unknown quantities of chemicals• were also washed
from the site into the stream.
Because a potential health hazard existed, the Belmont water
treatment plant was shut down. At approximately 5:00 p.m. industries
which were being supplied with water from this plant for their dyeing
operations were notified to curtail operations. To determine water
quality, samples of water were collected from the stream.and the
Catawba River during the night and analyzed to determine if changes
in the chemical characteristics of the water were evident. The only
change that was detected was a drop in the pH in the creek.
W. J. Stevenson
Page 2
July 24, 1975
An analysis of a sample collected from the creek on the
morning of July 16, 1975, revealed that the pH was normal. Because
of the large volume of water in the river which resulted in a
tremendous dilution factor, the fact that no odor was detected
(similar to the odor at the plant), and that no changes in the
chemical characteristics of the water were evident, the Belmont
water treatment plant was permitted to resume normal operations
at approximately 6:30 a.m. on July 16, 1975.
The clean-up operation which involved the uprighting of
barrels on the yard and the removal of the barrels from the
stream was not completed until approximately 12 midnight.
Sufficient manpower was not supplied by Jadco, Inc.; only four
(4) men were available to work on the clean-up. The South Point
Rescue Squad arrived at the scene at approximately·S:30 p.m. to
assist in the clean-up operation and remained on the scene until
all of the barrels in the stream were removed.
A partial list of the chemicals which were stored on the lot
was obtained. A 1 ist of the contents of the. barrels which were
washed into the stream with some of the contents subsequently
spilled into the stream has not been made available as yet.
At a public meeting held on July 22, 1975, one resident stated
that his children got into the flood waters and that their skin
appeared red after coming out of the water. He was advised to have
them checked by .a doctor. Another resident stated that the contents
which spilled from one barrel in his .yard killed the grass before
the barrel was removed from his pre.mises.
Because of the potential of hazardous chemicals being discharged
into the stream resulting in the possible contamination of the water
supply for the Town of Belmont and due to the numerous problems
(presented by the people at the above mentioned meeting) which in their
opinion were related to the plant being located near their residences,
it is recommended that the operation of the plant at the present
location not be permitted, and that the owners and/or manager be
required to remove the chemicals stored on the site and the contaminated
soil from the site within a specified time, and that the owners dispose
of or store the chemicals and contaminated soil in an approved manner.
,.
STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES
Division of Health Services
~~
JAMES E. HOLSHOUSER. JR. JACOB KOOMEN, M.O .. M.P.H.
GOVERNOR
DAVID T. FLAHERTY
SECRETARY
f'. 0. Box 2091 Raleii;h 27tW2
July 21, 1975
MEMORANDUM
TO: W. J. Stevenson, Head
Water Supply Branch
FROM:
Sanitary Engineering Section
E. D. Herndon, Regional Engineer t',//-11,
Western Regional Office
SUBJECT: Review of Plans for Proposed Plant Site Improvements
C. A. Hughes Plant Operations --Gaston County
The pl ans submitted by Davis and Floyd Engineers, Inc. for
Jadco, Inc. regarding the improvements of their operation at the
C. A. Hughes Chemical Plant in Gaston County have been reviewed
and the following comments are offered:
A. A notificati6n.list indicating the state and
county agencies in North Carolina to be contacted
in the event of a sptll should be submitted.
B. Data are needed stating rainfall and flood condi-
tions for which the new channel was designed.
C. A specific time schedule for disposal df the
accumulated drum inventory and contents is needed.
Also, the approximate number of drums which will be
stored on the site during normal operations should
be specified.
D. Where will the corroding, leaking drums, their
contents, and affected soil be disposed of?
E. Where will the rain run-off and any spilled liquid
contained by the berm's be disposed of and who will
approve disposal?
DIRECTOR
... .) W. J. Stevenson
Page 2
July 21, 1975
F. Extend the 6erm (to be located in the center of the
plant site below the control building) to tie into
the creek bank so as to contain any spill from the plant
operation within this 6erm area.
G. Construct an additional 6erm, for a safety measure,
between the center 6erm and the creek bank.
H. The buried drums in the southwest area of the plant site
(near the road) should be removed.
I. Delete gate valve and drain proposed to be installed in
center berm, and install sump pump for removal of stored
liquid.
J. Security guards should be employed to maintain surveil-
lance over facilities when the plant is not in operation.
K. The. companies or parties ·who will be responsible for
financing, the awarding of the contract for completion of
the improvements (if the plans are approved) and the super-
vision of the completion. of the· improvements should be
specified.
L. The spill plan should be more specific ind.icating the
procedure to be followed for cleaning up spills or
catastrophes (such.as the flood of ~he week of July 13-19).
If the existing accumulation of drums has.not been disposed of within a
reasonable period of time, say 60 days, then a proposal is necessary to specify
how these drums will be. protected. from the elements and be prevented from
coming i.nto contact with surface run-off water. Additionally, if a drum
inventory containing liquid wastes is maintained as part of the overall
operation, a proposal similar to the .above is necessary. One proposal may
include both types of storage.
Any leakage from the storage area must be contained behind a berm and,
no disposal of the liquid may occur until after a laboratory analysis of the
liquid has been obtained and the method or procedure for disposal has been
approved by the Division of Health Services and the Division of Environmental
Management.
-1 • ----
JAMES E. HOLSHOUSER. JR.
STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES JACOB KOOMEN, M.0 .. M.P.H.
DI RECTO~
DAVID T. FLAHERTY
St:CA!;TARY
Division of Health Services
Mr. Robert R. Reilly
Associate Attorney
Attorney Genera 1 's Office
Raleigh, NC 27602
Dear Mr. Reilly:
. Rnleig-h 27602
July 21, 1975
Re: Review of Plans for Proposed
Plant Site Improvements
C. A. Hughes Plant Operations
Gas ton County
Attached is a copy of a ·memorandum of July 21, 1975, prepared
by Mr. E. D. Herndon, Regi ona 1 Engineer, Wes tern Reg i ona 1 Dffi ce,
concerning the above.
Mr. Herndon's memorandum sets out the opinion of this office
insofar as the additional material which should be submitted
regarding the plans for these plant site improvements.
If we can be of further service in this matter, please advise.
cc: Mr. E. D. Herndon
Very trul
/~~ .. ~~-,----~ / rwY tevenson, Head
,Wa'ter Supply Branch
'~Sanitary Engineering Section
DEPARTMENT OF PUBLIC HEALTH GASTONIA, NORTH C. ··oLINA
P. O. Box 819 July 18, 1975 / ,~
Mr. Robert R. Reilly, Associate Attorney
State of North Carolina
Department of Justice
P. o .. Box 629
Raleigh, North Carolina 27602
Dear Mr. Reilly:
The following comments are made regarding the Spill Prevention
Control and Countermeasures Plan for JADCO, Inc. in North Belmont
which was prepared by Davis & Floyd Engineers, Inc. These comments
will relate primarily to odor control as water quality is being
covered by other agencies.
1. That as far as. po.ssible measures be provided to enclose the transfer of
all liquid so that odors cannot escape to.the atmosphere.
2. That an activated carbon filter be attached to the vent on the
distillation process.
3. That measures. are. provided to clean .. up spills or leakage
immediately· to prevent· contamination:wf the atrrosphere.
4. That protected· storage be provided1 .if<!ir •all drums so ·that any
leakage or spillage will be confined to the immediate storage area.
5. That all drums be removed from the North end of the property and
that this area no~ be used for either storage or operation.
6. That all drums be kept sealed while in storage.
If further information is desired, please .advise.
Sincerely,
,/4~ )-1,.-, .-,, ,
-;::/· ,-;. ,/~/ / .. )ft/1 ,., ( .. ~ -
. -;7,Milliam M. Haislip .
Director. ·
Environmental Health Div.
' /. d;j .,? /✓• ,., :./>; _fa1 __ 1,,.,,..c
M. Gary Lindler
Administrator
Air Quality Contr
Jadco, Inc.
•-Box 8832
Greenville, S. C. 29604'
Gent lernen:
July 15;·1975
This letter is to confirm that in consideration of the
lease agreement dated May 1, 1975 between C. A. Hughes; Inc. and
, Jadco, Inc., Jadco, Inc ., .. will assume all right, title, and claim
·. to any chemicals now ono:the'. s-i.te at such time as those· chemicals-
are disposed of by Jadco ;'.'_Inc. , and that any ·proceeds from the
sale of such chemicals.will accrue ·to Jadco, Inc ..
Sincerely,_,
C. A. HUGHES, INC.
' ~-fl(-__ -.~
David M. Neill cc· · · .
Secretary
/ '/ :'
··:/.;, ·--·;. __ "-)!Jt
' . .-· ·.-:.~ .::, ,:;=,:~,
.::-}):iftil
)\}{1~~~-
' ' . .; .~i.?JJ.-,:-1:.'i..-; ;qi!
Mr. W. J. Stevenson
Head, Water Supply Branch
Sanitary Engineering Section
Div. of Health Services
Raleigh, N. c. 27602
Dear Mr. Stevenson:
Enclosed are our spill plan and drawings for the C. A. Hughes
plant in Belmont, N. C.
Davis and Floyd Engineers have been advised concerning the
typographical errors. Additionally, they have been instructed
to reprint page 2 to show the North Carolina Health Department
to be notified instead of the South Carolina Health Department.
I hope these plans meet with your approval. We are asking
C. A. Hughes, Inc. to offer a contract for bid within seven
days after the return and blessing of our plans by your office.
COM:jbw
Encls.
·Sincerely,
JADCO, INC.
c~07/)J-r ~
Charles O. Milford
President
411 West Washington Street/ P. 0. Box 8832 / Greenville, South Carolina 29604 / 803 · 232-9054
i , •.. , .-\
North Carolina Deportment of
Natural &Economic Resources·
JAMES E. HOLSHOUSER, JR., GOVEHNOR JAMES E. HARf<l1~GTON, SECRETARY
DIVISION OF ENVIRONMENTAL Kc\J.'!AGEMENT
June 27, 1975
·Mr. Robert Reilly, Associate .. Att'orney
a
··....::n·epartment · of· Justice·
·Post Office .. Eox 629
Raleigh, North Carolina. 27602
llear Mr. Reilly:.
Subject: Report of Investigation
c--; ··A, .Hughes, Inc.
Gast.~.n ·County, North .Carolina
· .Enclosed is a copy of the "Report of Investigation for C. A.· Hughes,
Inc., .. in Gaston County which i.ras·recently completed by stat'£ of ths:South
Piedmont. Field Office. Your previous· inter~s·.t in· this .matter has ,been·
noted and your name was put ·on .the lis·t for"receiving·a copy.·
-. : -.
Please note .this Report"is in final form with ·the. .exception of a
supplement: t~ .be filed ·shortly• detailirig a Pollution Abatement• Program
:proposed by the Company:·· .... Also, ·'eirforceinent ie.collllllendai:ions, if any'; ..
have not been finaliz.ed · at this time:· ·rt is. anticip-iited several weeks
'will e:qiire be.fore final-resolution of this· mattei:: is at hand. Youiare
also on a--list to··receive a .. ·copy(s) of c6rrespon_de':ce ·detail·i':g final.
disposii:-lon.
It is hoped this information will suffi-ce ·to keep you informed in
accordance with your ·pr.evioljs inquiries~
Enclosure
~;~~E
{ Johr'i C: ~lurdock, III
,. Regional Engineer .
. · ., . ~. ,• ·~
~/,¾~~ibl~Lv &,]_Q\, ~~To tcv1M f~1M-Wk {/CM<~v\A-
June 25, 1975
Mr. Robert R. Reilly, Associate Attorney
State of North Carolina
Department of Justice
P. 0. Box 629
Raleigh, N. C. 27602
Dear Mr. Reilly:
Attached are the
Prevention Control and
Belmont, N. C. plant .
preliminary sketches and Spill
Countermeasures plan for our
Final plans should be 'ready . sometime next week.
We would-appreciate your looking over this plan and bringing to our attention any comments that · you fe'el are appropriate.
Thank you.
COM:jbw
Enc ls.
cc:. Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
W. J. Stevenson/
William Haislip
E. D. Herndon
B. M. Drake
Gary Lindler
Tommy Feemster
Russell D. Radford
Very truly yours,
JADCO, INC.
Charles 0. Milford
President
JAMES E. HOLSHOUSER. JR.
STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES
Division of Health Services
GOVl!:IHl0"'
DAVID T. FLAHERTY
811:C"'ETA"Y
WESTERN REGIONAL OFFICE
WESTERN HORTH CAROLINA SAHITORIUM
BUILDING 3
BLACK MOUNTAIN, H.C. 28711
June 13, 1975
Mr. Charles O. Milford
President
Jadco, Inc.
411 Washington Street
P.O. Box 8832
Greenville, SC 29604
Dear Mr., Milford:
Re: C. A. Hughes Plant
Located on S.R. 2035
Gaston County
I would like to confirm my comments to you during our
meeting on June 12, 1975, regarding improvements at the
referenced plant site.
The following improvements must be completed immediately
due to potential health hazards:
1. The barrels which are located in the stream bed
(in the area of the collapsed structure) must be
removed.
2. Temporary dikes must be constructed to contain
the yard run-off from the various barrel storage
areas to prevent this run-off from entering the
stream.
I also Tecomrnend that "No" yard run-off or leakage from
the barrels be allowed to stand.on the ground area above the
pipe(s) through which the stream flows across the yard.
Mr. Charles O. Milford
June 13, 19 75
Page 2
If we can be of assistance, do not hesitate to
contact us.
EDH:pt
Very truly yours,
E. D. Herndon
Regional Engineer
Copies to: Mr. W. J. Stevenson ✓
Mr. David M. Neill
Mr. Robert R. Reilly
Mr. William Haislip
Dr. B. M. Drake
Mr. Gary Lindler
Mr. Tommy Feemster
Mr. Russell D. Radford
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'"l\',",l'..>-..-.,-•·,;.~i,;:.:,~t,•\i-tlJ;e ,ltsou th:.,(:-aTo 1,,i na"0,z95a,...,.~,-~§J'~~;~,1.'1.e, ,m·•,;,,,~c, ,,., .. ,w:.• ... ,,, .. ' ~' . -. ·••·+•:~-,,:\GJ;;. •:) :.r·:•;'l"::J~~1-t:_l(.~,:"l.'..-:'i'!"jT~~i'!l)'' ... •,-,-.--,..._"r,Ht --,. -s;.•:-t_.fr:W-"''\C!ffl-•,-e; 'l. ~f,_•f-.!,•-,;::rl'·,.'.-~~~-1 ~ :-•t: • ' '.. '·u ~;-:-•· .,._..,, ·• 0•,•~ ,•.,,:1:,-.,'t'ji,.'o:(<.,,,_.i'r"'"·'. ,,, l•~,r \',,l't.1~•,11,.~ .• ~••--I••~-\$ -,.•uJ• I-~•'' 'i;(E'••• •~\• " , ··•··•" , ... , ,~'...:'>-•~-::•.~•-,~•·••'"'""1""'./r--·-:;'.t-_.,. ..... , ...... ~_.(.·:;~ ... -~-~-.._ •i--'-'• • ~ .... ~ •·•.•• .,.,., .,.. .,.. • •.,v,u1:.,..~""'-o;• r.,;,,;.111ro1.,,,,_ti:,;:.tf,"t<4'/'l~f:<:r_i:,:,,1"'-.,\:M""!,,f,{:'•"%.'";-..,-l,--,t;.,.,.......,;..'J""..i....,_'li,~":....# ,' ~ ,,,.,• ",A-o-o,:;,4,-1•~~•,,.,~ q•«••,, +,.-'---.. ,:,_,r.::.,:,:;,.:~::t:r ... ~",·m~~~'.:iu1:1b'e ti . ;.;;,t----'w ~-l-S. .,n~,1r.,:;~.;:,;-~: .• t-4•-;: --~ .. rq:'.;11Ji·~ r--~~~:.-;; ~~i .,~!';.·T.i:6,.-:.\~:., ._:,. .. -l"'--. ··-'ff' ·lt · · :::_ .. ·;.~:-:/ 5.t..:JL.~::'"::-~ .~ · .. ¼.:.::-'.!":.~ .. ~-~~.J..~t.;,." ·-::~-~:~~~~:-~.\: .. ;;; ... i~,,1~~».-<::~.;,:.·tt..,_,;r:--;r;:/t.r:..::r:, :· :-· •. 't-' -... , .; \.~ r"--, .J.".1f---•IJ:••~.,c..!'),')Pt"':,:_.'.l,~."~~••~:Z,,:~"..• •• --•-•.1_+-~•-••-l-J..._1-1:., ~-~~~Jt,••..t:1":'!.r.._"r;.•-• •'i -~•-• •~,. ..... ff ,1, :~• .. ;{.:.!t,~-~~~,,. ......... ?!-... ~,~•nr.r,--~-........ '1',~!::'l~-t w -7r."' :\~~~r;.'J.6:.r,,•,:'c';,"t'.lif~;G·-,0 , , ··~1\1:k-~t;..:-"<:""':.,r-.:.::• !.•c ::1;r-~-; .. :.; \ ..;,,.:-: , • · .-._,.. · -:,. ,..r:~.~.;'(-:di'-!.r2~jt--lq{)54°~1()r':-;,?'cJ1r•1,•:"i2 . 444°'9 ~ .. -.,:.;,t, .. :r;:"' :!_C,,: ~): ~ ?m:r;:t--!-,: ... ~;,£-:~:,:tr; ,.:~~_(, ~ ,~, ·, .. ,\...-• · -.~_ttf itt.f}:'.gi~i}.lifliJ~'$l~Ji1~-i~:.;7~i:t}~~~?i~:j~;~t.t~it4f ~t::'.~}~~-:'~,~~~-> : :: :~.:· . ~t-.. a : ,. ,, , ,, ,. ·,,.':)'O fu,_ e 'J.iff,1 C·l a-I ·,-..• ,7_,;•.•, ,,,f,.'-'··'"-,--, •'lf n:.:.-~--.l'. '"•i;\•·. frn;..w I,;~,:;.--~-~ .. ,, ' -. •,; :'. · ,.N::J~'.:/;,i} t;'t:=-1:;:-.7';:; :;;?'"?{~ i~•· ~.;.' :t". :.'.:._ .. , ~ •~ t'' Alf,, •r;•r7~;:'{\i_.l•.·t\i;f?-r£.~,.i"~i';;J;,o, ."'/ ;{\ , i~ , ~ ... :· :~:--• ·, · · '
•f ;,~::. ···-:)l.'.D/Ji.--:;-;--·t;$t~;7i ';_.~::~-"""~,;:, . .-:.~rt ~u· .:~.)r,,~·-·~·. •'i:,;~~-~~,:=~>t: 1sttrt.~.~I;-~!".1--~l;·~~-i\,'-:-:~-?. >t·":.-·:.--: ·, · ·, .: >-"-~ . . • .... L, , .. ,.,,,,·.-J,e 0 • O···rrrl •ord'··r·J ]'· · .. ,">" .. , ··,,·-• · ,,_, ..... ~~.ti-.sll'.l.1 ·•• .. ,,,,,>I.,... . .. , ;,.--1:.~~•,:;-:;.;~:.ff~~•.: .. ~.i..,~'-...".",~1:_.1; •:;_.<.I~~·;._!-,· ._.:.;, •."'.c_-~•~, :, ;.0:;,w~~: ,;_·•--.('f"-;_,~~~~•-' '\ . ,-.:.... "':;,&,,~':,:~.;.:,,.;;. ',: :-·,, -. . . ··:--:·1•:,-: .• ·::,1.' '.~1:,,GJ.QE.'rit•~·>::':.tit"{~./':.~.-.t-''$~:.: · __ , .~•.-1=-.._•:·-\" .. ~•~~%;,~,;fM.~ ~'!,~•.~._~;:/~'l..:';T.__: ·!"
~f \{l.tf ~\~if ~Ittt,{?~lj}i!IBl,J,j~[ &· '
.l';''.!..'-'.--;.»·•;,,,11,r.'•..>t.~ •. u1,l l ,,._,,•J1C:r,li~llCP: ~; !-/. ,-. f. ~ ..:,·.:,;_o•.;•-.,'f""-~~t·,;.,r::x~~, -;-)-s .... ! .. ·,·-r.·v .... ~..,.-._-.-, :~~ijttI,~~I':;/> ,; lit ; I .· '''~t!_;_\.'._-_:_!_:_ •. l.;_~.:_l~_l,; __ '._,t~,;r.~i}{'f ;> ..
·, . ' . . ,, /·' -·. .. ·' ,.... ,t'.)f>;:' .:\;(::·.t t:)•?:\·J. . -~;.'.,"i),};:·::-:.if. .-~-j~·'
·. '.':' ·-:•; -. :·.-:;... . ); .
Oil Spill Reporting Procedures:
I.
'R'e/~od:c"iill-'.pofential· or actual oil spills on the plant site
in ihe:following·i~qu~ric~:
·• • ... .,. ' ·,c '.~ • ....
Shi ft· Manager .. :
Office Phone !lumber.:. 704/827-5619
Jack· Fort~r?,-Pl ant Supe;; ~tenderit
Office;Phone~Number: '794/827-5619
' •• 'I;'· .. / •
. ·,,:
.2. Exact Location'of..•Spill ....
. -•,. . .· ...
3. Company n~mi'and lo~atiori.
4. · Haterial spilled.·
5. [sti111ated quantity.
6. Source of spill.
3
Caus,, of spi 11.
,,
(. . :i,llllL' of J,r,cly of water invol•,ed, or nearest of water to the
~;pill an::;i.
a f1ctio11 tc1k•c11 for contoir:1nent ar:d clean-up.
/ ·.-:r-ilLcn repoi-t n1ust be filEd fo1· ,,Jch spill incident and sent to the
:,_, rGcntionecJ rJovernrnfcntal ac1encies. A san,ple forn1 is included in i",ppcndix I.
::~ !f,L SP I LL ARE11S:
Hie' iollo,1in9 is a list of possible spill areas. The nun:bers refer to
.e sl1owr1 on Figure l.
.... "''' Con ten Ls Capacity
Souq,e,;s.t:•:g,f'.Jpntrol -·,"·"''·"• ..
Gui lding , ... • .... ····. ,::. :.:':'.{::'Jhsc: Ljqu,'d
J::{r~;;t1i~i;t"' -:IJtiwI~it:Zr;:Ji··
Soultieas·t of' Control -·:'·1,;:i.1'.;:"-0 ·•:'. •
20,000 gallons
., ... ··
20,000 gallo·ns
cuil.ding, Misc .. Liquid 20,000 gallons
. _,:_ .:-··" ,,.,,,,,:<11ul'·,·ur L!ie r·e,Julation·s and:Ciuidelinesapplicable to thr above
··. ·:1ci"-it~i-()r-:t\.r.i.. 11rO.hl c1:: (1reas is a.s fol lowS :.:-
"r" •• •
. . •••• ' 1 ... '' ~-··-····-· ·--. ,• -
·• •-•• -. ·-y_ •• --
4
(~i_l __ ~:._~J_;:_01·~:l.l~;_l_l:_~1_l· __ :_:_(0r) __ s 1i1.;:-,_.: (, ,._ll1dinq productior1 facil7tiP.:,) -/,o
t.d11k '.·.ho11ld 1;1: 1.,scd.-·f!.3/···1.i•;t' '.,1_c.r-J:J1: c)f oil ur1lcss its n:c.1'..~:1-itJl ar.d
cunstt·uc=:iur1 ,1r1? :cui;1od·~it:-li_: .-:•it!·· ir~1.:-1;::1t.0rial stored dnd cu11Jitio11s
of :,tor·oq•~-such·•a'.:,."~.ir~cSsu,~r~ ,Jnt1 i.,f.:i:;orr-aturc, etc .
I
. _-r,i1-.-bu.lk 7-_:s:t0r_ar.j"e_;t,11;}:•.i 11st,:111d~ions should be co11structr-rJ sc1 ti.at
, .·,,·,,cc,1;15,,.;.),tfiis\ 6:(J;ci•,l,l.i i_,, ", ,, t is. provided · fo t·. t hr.· c 11 ti rt' Cl' 11 tc,, ts
-1f· liiP J,,r~r':st: s.i'11qlc:.ra11I: 11lw, ,,ufficic11t frecbo,ird 1.0 ;,l lovi for
:-,·rcipi_tJtio11./~:fr(k'e·,1:-it,,i::'as.·shoul,J be sufficieritly imp,,rvious to cu11-
·:.t.1i'n s·1dl,lcd oi1::.·\j)"ip;s,·.:~unt:di111iient curbs, ·a"nd pits dr·1.1 cur:1rnonly
•1q.iloy_ed'.Jot<'.thi,s p_u,:µosc, t,ul U•cy may not always be a11r•r•11,,·iate.
'll 'alternate sysTcn1.-coul,fco11sist of a con1plete drainaqc ln,11cl1
·,icl·os-ure··a'r·ra116eJ-'so·t1iat il spill could terminate and be safely
011fi11&d ·111_ an· ii1~pl;1,1.t .catcillllf'llt basin or. holding pond .
di@I
::i,:,,: ~:::::'{'., /'\;//:+?h1, '.-•,
·111::-.'1.,:ll.;!Lio11 ',i:c1.1id i::·
:11-,J~t.::•,: l i o\i· 01'
· ·--,,-;:~~ <-_.,, 't' l•·' t ''''J . · . r,. ..__ .. , J, f. , ,. -~ ., .. : . • t .. ~.
!, u 1-i (~d
SD i 11 \.
,:.u:·n1siu11 b:,.1 uwtin~1s. •>~:L!wdic
v.,:,i'i1titJlr.· ,1itil lucc1I ·_.,,il
tl t
· · ~ · r .:::;·;~~-;('~·:\1i.-Y.~; __ : \.:t ... .:: ·~1: '·./::··:_·;.t:. -.,-,.-· · . ;;_-~-.-. · .. _..-/:_.:-~"':-~-:j_\1r..tJaJJl.-:L~fj~:d lll1~•Utlt1c-:_d11k:; fut· the storaq~: of oil :;hc•lJld
· ... :·.::~•-="; .. :{·:..;!\10.id"cd·t::~Unl"P.Ss Uit; huriC(J'.~.:..:ct il)11 of the shtill i~, ac'.rt!Urit.ely .. , .. ,._. , ... ,.,.,,·•····"~'··:r· .-,.,. ·•~~--. . :. . --~~:\f<;•.t .. t1Jt~d:,•~-.s),ncc-_pa,rlidl l:uri.._aL:-.::!i1 cl,11i':p r:,1rth can co.use rapid co1·r·osion
,-.:~:_:J/mrla_lh(;.cs·urtac~s, cspcciil_ily al the earth/air interface.
---,, . ' ·;.,. _·: • .. ·-·:-·· ·•:<.:'::•:,_.;: ·.:; :-. .-:-v-:...--:-;.; . . ·-· 1 • .. :·•-:::,:: . .:::.':,jlcc't.io11s·J1'1d_Pccurds ~'Jnspcctions required by this µJn ,lrnulrl
· ~--'.':c.:-in_.a_cc_o_rJor,cc wit11 ,iritte.,i",.1:rnccrlurcs clevclop1cd for L11e f,.1cil ity
·i:;;;~,:-·_:>_.•\1•th"e":··ci~·,iiCi~ Or oper·t1tor.'/:Jhcse vffitten procedurc5 a.nd a r·c(~on\ '.:f
.-1_il1 ii_n·s\:'t.~c-Ciorls, :,igned· by~\ti1e a;)prupriatc su\H~rvisor or in:,~1Pctor.
;;:;;,:;;~~ ,;.:,_', . . •. ; ;cili:I ci-iCC},llia,de: part. U f,:t ii,i';",Sp i l l f' I eVf' il ti O 11 Cunt l'O l a nJ (ou 11 I. ,:1· -+·~-_,,,~ . ..;.--; .. ,.:.,;,_,_f:/e,i•;u1;e,S;-ji:1f~;i.;(.SPCC) .. and,:1iia,intained for a period of threr years.
~•t~~}~;t~-·i . .,~-~·-: .. ;;tJ;}1~~#i~~?~\:;;1\\;tf:~li}4~~#~;,{~:_;_~~;i:~r.:s.-/ .... . . I • • •
~'""'""'i:!-:i"...'.~j:;i.:,--::'1::-Y·'." _LI.}iJ~jj.:.j;i1\l;).:: p_l, a.n.~.~:;,~,0!' ?);;! n 9 , µmer s s 1 nu and s tori n g o 1 l s ho u I rJ '.1~»f.:.;~i'),~-/).:~:.'i:"r;~J?~ikt.Q2J[/~U~~l1IS~tfit~~;J,:il;tJJWJ~e· sa ~Cs s ho~ 1 d be_ 1 oc k ed a Tl cl/ 0 1· 9 u ,11· de d -;-;;7 :9,;,.,,, ... ,IC· .. '.·, .. ,s':'Zi:e;:.:,:n:Cthc,:cpla1,1t,.•1s::,n·ot.;,,-n~Rroduc t 1 on or. 1 s ·unattended.
f,,tt&tit}~l'W}f('.,c:::t:tf;,~tiJfti!tlWf$jtfJE$~il"~:; ~ va lv~s alid any other val vcs that w i 11
:;1§!>>_'(,:t:· .. ;,-:,f.,)::,·,:.:·/:{;<,;;;,t,SJircUi'outwarJ\{l~vt:'cif the tanki s content to the sudace
be
·,;:;:;;-; L _.::.;:,·,);"'::· ·-::',>;.;;' :',•::c ,ji'c•,;l.)?;;cc\1'.peal•<i'r-, b l:a'n R\ f I a 1i<1 ~d eshc n not · i n --s e rv i cc· or s tam! by
..:.._-~-•'.•-.' . ...:.;.•--~·-••~•-;,..~;.:. -~ ;·•• '•(•:j•~~~• ,-,"Z;,• -:j';::c,•; • ·.·_,•~•',:-,"I,•·•. • • ., .. ,.. ~~~·l+f/i~-l8:./:\t.:;•:·\t;3i}:·?i:r\/;·.U1.:~~~~,.t.l'f:':{~}~~~.r\_(ttP.~.-ti rne .· rti is sec ur 1 ty p'rac ti ce :.s ~OU 1 d i.l 1 SU
~:;::< ,;.!'".~, ,,:,-:,-; t')ii:iJy; _L(jf/i'J,~l:,l}/1f:j;,;t h9;}';a' re· crrrp lied of l i quid c·on tent:: e i t Iler ily
ilJ~fi_f S ~'\;_(_\;-};~_i:1_~:{~~f }ffe~if-1~:0:i~:'.;Mi"~:ti~.~ ~-:_s :::c ~ 011 m:~_s u r a· t ~1_'.(\~·~;{(~e type and
];:\~;:,,:,i,t ~;;;\;. '· i\;_;;,,)y~,L,1,.0_!)~,;oL tJ1e·,'f ac,1 l-:1.tY.· . Cons 1 d era t) on·· s ho ,r . ;{;.' g l Ven to:
),,i;it~~i~~i~0r;~t:)::,:.z~:f?.-~:;~~ij~;'~Po~i~:~~s._;~Zs~t-l ls· occurr i ,;~:\;Ju~ i ,;~ ~:~rs -of cla ,·l:ncs s.
~~7,f~~~?.:·~,;·::~;~~~;;:=·i~ ~-,~:-.\~::i:J-~i,r-Jt1:~.:·/;:f.tJo.Uil:Uiy'{-°u pe·;a t fr1 cv person nc l · ( tt1 e -gen e·r a l-· J) u bl i c·._ .. l ·oc al . ~~f $":1'~/g:,2t1m1J~I~}i,"''IMl?'"' I I ' om" i "" ih,0,; ,, "I: ::;;~:"·.
-~~~!1::~~,:~.... ,,-:;-·-... .,.~...._·:~"t-~ ,:·· .. :},\.-.:~ ,/
/::...t:··("' ·.· ... .. ' . ~., .\ .. \'">\\. i> :,.,:__ ..... , .. '.
..:·::"-
·?,. ··\ ~ .
\~. ;, .. i;,\·i ''>,iP,.,
·,/ '9 ,_:.
~
6
.1\ll l.:tr1ks cu111vl'J \•1ith Unde1··,✓rill:!'.S Llllt1t'dlPr""ic·s Constructicrn
)µecif1(alio11s.
•·
:·iai11 c,citleL valv,:s are locked i11 the clo,•••1 posiLi<J11 1,he11 the
plant is undttcndcd.
Ve11tin<J capacity for all ta11ks i, suitable for the fill and 1·1ill1-
dra•,.,a I 1·a tes,
Liq11jd levels in tanks a1·e detern1iried clai1y.
Ta111'.s arc never left unattend,:J du,·i11g loading and unloading .
. ,.,.,, ___ ,_'" .,Si~IIS ,,r~J.\ica,tii1aJi.Le:~.~t!,.ta,r,ik_, to _rcniinrJ tank truck drivers to
._ :1csi: a11 ·valves-.before.discormectinq hoses.··
7 -~~·.-'''.·-· ;••; -.... , -.: ... , . . . '\~};f~;.J_~-~iii:~~~t~:-~i~:':; ~·~t·,:. ,·_:,~~;:~:-:.__ ~::. . . . . .. . •, .•
:.,:'·_.::::::::,.::::Ta i,f:" fruc'v.tth'{e?J~11:rn·ded:: tiyfthP.::Cd ri VP.I'S • in . t_he presence: 0 f. µ 1 a 11 t .. -
·" '"'· . -pe1·sor:ncl-:·(~~fr0tic}a,;~cj_r:-'i_ver?:'.n1Js,t::r1_cr:sonally disconnect hoses to m111i-
::·:~:_:;:;· .. -,,,-, 'z~:-po s '.'i G i:1Tt:Y':of_-;;,c9\_ae:n fl Ytci.r_ iy"ing ·a ,iay l~i .th ·a. hose· ·con nee ted ·-•..
: co "':'' ,c'..c s. t ~i:~;. ~ ~r-i (~~~J~:i)~~'.S i~~}J]s!~~1l}f ;r •:~ ?:ti:~ /:~.,l+c!{'}{{;',i,,"4f!,~'2'"f+;:;,:.,,; ;;;:ec,
:h, pu1npin,j;:0T,.'111ater:ia't;:fr:om storage tanks is ne·ver done while.the
•:,-~·'·~}:.:::~;::~:}fitifr~{!I-t1iiit:J\f d}:~i a 11 pipes,. va 1 ves, pumps, and
· :-' ·.:· c·0ii'fs.:1,/~lli'1?:r..1~ii\i:£-I;s~·i3er,intenuf!i1t',:.:_::: _ .
· ~· .~·:.;y .. ~~:_:~t:,;·;~ ~.::,.:·.::.c::·"', ..... ;.jri-:~i-i;.-~~\::;-~;¢~1~t~j.:tZfJ~~t!.::,:: .. ~:::;::;;. .. \<~:--:,,.,:: ,._ :;: ..
_,,_,_·,c ":'cnthlj'·nisi;J{f;i)i'niffporfs"{re"filed with the Co;·porat~-Offices by'
,~i:~~-::~t:.;_~.~)_:-)!:~t,~:t{i~f ~~~t-~::(<J::J_~t?;·;~'.~~ co' .· ';'·'·''' ..... .
; ~-;· • :: '.• -··:--. r_ ~ >,, .. : i-: :~.la ,is_: F1 .>· 1, Z ,·'·L3;:,.,a nc( #4 · a re .l oca tc·J· vii t h,i n a diked. area w i th
-.. : , :,-dii:•r,nsici"s of, 29fix.'78'. x 1,5' .. ; . .Th,, holdinq capacity' of this
., .. ;..,,;c. dil:t'd <1rei1,i'., ·aµ1jr'o'x'.ima'tely 25;000.-·gallons ari'd will .easily·con-
tai11.U,e.u111tr:11ts ... uf the largest stura~e tank.in the area. The
•,dil0 c·,,;]i,:,_r;_.r.1;_ui"1>1"·'d'.with a Jrain,pipc.~closed by a v'a'1vc .. thaf·
.. ,,,ill' i'P.nc1·1i1Jlly-·locked·.in thc·clo-seJ;position .. The diked arr.a
.,.;.~:.,, :··:,:,.i"_i i :,; 11 l / l:i;'. d i-<1-i i1l'd~ iii: the prese nee.: of" the. Plant~ Super. i 11 tendc_n t
. ,rnd " reconJ v:ill be kepf of ·each draininrj, .
7
2. At present, a creek passes througl1 a 60 inch concrete pipe under
the property of Jadco Inc.· This creek per1etrates the property on
the southwest side.and -passes~underground to its discharge point
v:hich is northeast of the co-nfr.oT building. To prevent any possi-
abil ity tl1at this creek become'contaminated by any action,· the
creek will be relocated in such a.manner which will totally pro-
... tect· the siiearn.·. The proposed0new creek-location is shown on· tl1e
enclosed figure-l·and:wil]:gen.erally follow the fence line around
the_ southeast_ side.of tlif:pr:op~er:ty. ·· _The walls of the new creek
will be sloped .. in such a manne\')to minimize erosion.
J. MiscellanJous ;torage,· ·iri 55 gallon drums, is at this time, dis-
persed throughout the-entire plant property. To prevent the
possibility of a .spill resulting from this practice all areas
"1·1hich are low in.elevation and present the possibility of storm
v1ater ·run off--will be,ber111ed and/or diked and all surface water
will be directed into· a holding sump. (See Figure l) The su111p
will only. be drained. aftec:the contents have been proven no,1-
------·-·· ··· • --···-, .... ,.<ontam-i na ti ng--i n ,-nature·,1,, The• drum storage area north of the ·
.. :·'·:.··;·· .... · ·: ·.c'::.::·:~::": on t r_o l::\bu.iJdJng ,01-ii,lJ.:ib_e~,"dj scant i nu ed . · ·
are avaiable on the plant
~,
•.•. ·.-----_ 4 , ~h .. _:: .. _~•_:_\_~~--~'\ .. -·--·-.. ,.•,~=.=,-,-..-.-,,.·:....-,.~ .... -•,,., .... , ... ,~•··!""~--~,,.,_,_,~ ............ """""'¼.,.~ ......... -,,..,..,._,.,,.,.,....,,.,,;.,,;:. . .,,~,_"··•·~.,. -• -,,.,-, ~~ "'I, ...,. . ·-~•~ -~. ~---~~i;::·~;;~:::~;,:~:~::~~'.-·:!:~~~--~·~:~:~~~:¥~~f~~Jr~¥µ_~;-~:~~:T~~'.· .. •·-~-,. . · •·· ~ ~~\\··,··~· j
•• .,,.,, ,,., ... ,,,,._,_.,,,.._,,,. "'""·"'"""•~e,,,,,r,,,,,_~,O• .... ~~~-P>"·''"'""•'''" '"'". ">" , , '·' -~• , .. , ~ ••.;•~~,' ••~••.• •'.',;~:, ,. ·· . ..,, .... · · .. · '"" ...... ·· .. :·.'.·: ·::.-.-:::;.;~--::.~~-::.;;:~::-:•~:::~~ :~;:~>:.~.-~·:di~:d:?:·::::::·;·:._::~---:!~: .-·,.,, ~<· _ ~ ";.."" . ';'.;;".::,~~:~;;:c:6i,:j~}~~,i~~::§ ;:7 ;,·,· '" .;"' . ' ,. '
-------------· . ::,:},;,t~:.:}r:~;:ri:t'··' , ~~~\f'7
.. r.~.~-·· ~~ . ·-·., ···-· ·~ ,.. ... , .... .: ~······~
8
LJ•,rn,:~r·:·~ oi· operaturs r1rc l'f:~:~iOW,i(Jle· fur properly instructing
ir. ·µ,,rsonncl in thr. oµfrafio,i ai:d 1iaii1tcn,1nce of equipment to
,·,,11t t111, di•;cl,arges ci('oi,l'.iind·<lpiilicabl,2 pollution control •laws;
.,s ·;:inu rc'..Julat.ioris.
c.1c!1 applicabl,• facilitv ;;l1ould hdve ii· dcsic111at,,d µerson who is
unti!l,lr,.for oil spill prevention and 1·1ho reports to line manage-
,, ,},1?1r•rc 01· opc1·otors ,hould scl1e:dule Ctnd conduct spill prevention
'inas for their operatir1g personnel nt intervals frequent cnouyh
.• ur,o dc:r:qu,Jte understandi.ng of the Si'CC l'lan for that facility .
.., .. briefings should highlight ilnd· describe known spills events or
. ..... ···.·. ___ ._'.'\e (, .... i;i,1 l f ~·i,cti ririi'nci compon7j'nfs': dri'rJ'recehtl y deve.l oped pre-
-,~~ :·_:··,·;•;:}·;~'~Ji~1~'J'.~~:1!,:J:~:~e'~i :~,:,:_;::,'. ~:~:t: : .... ··.... . •. .. . -.
't ·i·'·•· ., '•0}:fi,(,,JJ;(l./i;);~)/1DeJ,_at~-th i S; pl a,li Lha ve ... been. i 11 St rue ted. a S -to the .· ,.•
;;:t~f if~;1.i1ii~i;n1~lz~if l}r0\~~l~:~If i~iiti;I-l:~}}~~~i\~.tii~i~,t :ti~,;,i?~~~i~~~~;«-~ ;~ho:~~
• : 1·;l .. '1<1Vi),:.t:r•fclli)lel~fe9on,;tl;C/Ja1·1~,-re_i:tarn1,n_g ~o 011 spills, copies .. .,re·· cn(ius,,,r iii"Apperi'diccs'':tr0 vr.· ·1his'plan is·revie,ied at
---'.d ( p ty :iiec tj ~~s-_'. ( i\ i.:1 east ,;ii'i1c:e ~ a'.qua de~ r.
:;:::-,:/.::.·,;_'.:;_::.;:~,.;
'··"'''"'·"
I
_,,,:, ... t-~'-:-.
... · .. ·. ·-. ; .., __ -.,:t,;.
·::'0
EQUIPMENT LEASE
LESSOR: C. A. Hughes, Inc., Charlotte, North.Carolina
LESSEE: Jadco, Inc., Greenville, .South Carolina .
DESCRIPTION OF PROPERTY: (Described on Exhibit ''A~, attached hereto and made a part he.reof).
RENTAL TERMS:. Thirty Thousand Dollars ($30,000.00) initial cash payment, on or before ·M;,1y0 il ;. ,1975. Monthly rentai payments of $5,000 per month for the term of the lease, which shall be 44 months, •beginning May 1, 1975; payments due on or before the 10th day of each ·month.
Terms and Conditions of Lease
(1) LEASE .. Lessor, in consideration of the mutual ter~i,
provisions, convenants and undertakings herein set forth, does· hereby
. lease to i;:;essee the personai property .described above ·and in any· \ '
' ' . . ' schedule attached hereto, together with all ~ccesiions~ accessories
and added _ior substituted parts or replacements thereto, referred to.
herein collectively as the Leased Property.·
' '(2) CONDITION OF PROPERTY AND ACCEPTANCE BY LESSEE . . ·. .. . . . . C:-,,,Lessor he~eby covenants and represents that. the physical locati~n
.. ,,,;.of the prdperty"and ·the manner in whi.ch it is being operated, are
not in violation of any order or ruling ~f any governmental body,
or .any exi'sting law or regulation of any governmental body. Lessor
further covenants that it is not aware of any suits, actions, claims,
.•investiga~ions by any governnental body, or legal, administrative or
:';arbitration' proceedings pending or threatened against it cir affecting
its ownership and operation of the property. Both Lessor and Lessee
recognize and acknowledge that the Environmental Protective• Agency
has ordered Lessor to remove certain drums located on the premises
where the property is located. Lessor hereby represents and covenants
that it is not aware of any obligation or threatened order from any
,agency.to remove said barrels at any unreasonable rate. In the event . ;-_,{any,· governmental agency, by its own action, or the pas sage of any.· --.~;.;:-;·~ .-·:_.:-.· .. :.-;-·-.
·:•'.·~,e~ :l~~·or go;ernmental regulation, having to do with the environment
or_~nvirdnmenta1 protection, causes the Les·see to h_ave to make
s~bstantiaI repairs or alter;tions to the property as a condition to its
right to On its then, 2.r.d in
such event, Lessor will make such repairs or alterations at its
expense. Such measures on the part of the Lessor, if required,
will include, but will not be limited to, the construction or·
appropriate dykes on the property on which the equipmerit is located,
in accordance with EPA standards. In the event Lessee is .forced to
terminate its use of the equipment on its present location by reason
of any such. governmenta·l. action, law, ·or regulation, then, within
20 days after the termination of such operation, Lessor will refund
to Lessee a pro-rata share of the $30,000 initial cash payment here-
inabove described and this .Lease shall terminate. The exact amount.·
of this refund shall.be.an amount equal to $682.00 times the number·
. . .
of months remaining on the 44 month terni of this lease. In .such ~vent,
Lessor shall have the opti~nof ctonveying to Le~s~e complete title to
all the equipment, .for no additional charge
in lieu of the cash refund described -above_.
or payment from Lessee,
I'
. I
Injconsideration of the ·
. ·!
'
covenants and agree_ments• on the ·part of Lessor ,stated ·in· this ·
. . ' :.
paragraph, Lessee agrees that .it will ~;'lno
. less suitable .or.acceptable to governmental·
·-. daniage to the·~equipment. or non-:-compliance of th~ . equipment· resulting
from Jadco's activities shall cause apro-rata reduction in the refund
liability of Lessor stated above.
Lessbr also representi and warrants that the ~quipment is
free from any liens or claims of crediiors of any kind, exceot to
the extent disclosed to and approved.by Lessee on or before the
. '
date of the signing of this Lease. As to any suth creditors who
may have a lien on the equipment as of said date, Lessor agrees
that Lessee may utilize a portion of the aforesaid $30,000 initial
cash payment to satisfy such debts, and may make payment of appro-
priate amounts to such creditors direc~ly. Lessor will, on or before
the effective date of this Lease, provide Lessee.with appropriate
,·-· evidence·from the:Office oi the Secretary of Siate 6f North Caroli~a'
tha,t·'there are no existing liens on the property other than those
d{s~losed to Lessee.
,
'
I !
\ '
-2-
(3) .-i REl-iT. Lessee agrees to pay du~·:/; the term of
this lease the total rent specified above. All rent shall be
paid to lessor at its address set fort& above or as other~ise
directed by lessor in writing. Except as otherwise provided herein,
Lessee shall be li~ble for the full rental for the entire term of.the lease
even though the Leased.Property i~ returned to Lessor prior to the
end of the term.
(4) CONDITIONS. Time, an~ each of the terms and conditions
hereof, are expressly declared to be of the essence of this lease.
The acceptance of any payment after the same is due or the failure
of Lessor.in any one or more. instances to pursue any of the remedies
. . .. . .
hereunder upon default by Lessee in perfo;mance •Of any of Lessee Is
. . . .
. obligations, shallnot constitute ·iJ. waiver of this or any other pro-:-
visions of this lease and shall not prevent-Lessor from'ez:ercising
. . . .
any of the remedies hereunder on account of any past or future de~
iaults, either in the.making of the payments or in the performance
:. bf ·the various obligations by,Lessee. Delinquent payments shall
liear :i.nterest at:ten;percent (10%) per annum from th~ d;te due
. .
until pa:i.d. The-payriient and acceptance of interest· shall not
waive Lessor-'s right to terminate.this lease.
(5) USE AND REPAIRS. Lessee shall use the Leased Property
in a careful and pru'dent· inanner and shali comply with all laws
relating to.its posse.ssiori, use or lllaintenance. Lessee, at its
expense, shall ·keep the Leased Property in g~od repair and furnish
all labor, parts, material and supervision re~uired therefor. To
this end, Lessee shall perform all necessary preventive main_tenance,
make all repairs required for the proper operation and use of the
Leased Property, protect the Leased Property from the elements when
not in use, use the ·Leased Property only · f_or the purposes recommended
by the manufacturers hereof, 1oad the Leased Property only within the
.capacity recommended by the manufacturers thereof, provide touch-up
. · ,ci•pa).ntin~ ·and repainting as necessary, and repair all damage due
-t~: accidents an_d improper use or abuse. If Lessee fails to perform
its obligations under this paragraph, Lessor shall have the right, but
not the obligation, to perform such maintenance and repairs,. or any
part thereof, and LeR 0~ agrees to pay Lessor on demand as a(ditional
rent hereunder, tr:e : ·, ;:::;' expended by Lessor therefor plus te~,
percent (10%) c;· ec:.:: ~~nt to cover Lessor's overhead expense ~nd
-3-
in~onvenience
.\ caused by ' '. •·1
Lc:ssee' s failure to pe, jrm its obligation.
(6) LABELS.· To the extent required by law, or if
Lessor supplies Lessee with labels, plates, or other markings
stating that the Leased Property is owned by Lessor, Lessee shall
affix and keep the same upon a prominent place on each item of
Leased Property.
(7) INSPECTION. Lessor, or its employees or agents,
may inspect the .Leased Property at any ·reasoriable time or place~
and for such purpose enter any building or place where the Leased
Property is·located. Whenever requested by Lessor, Lessee shall
advise Lessor as to the exact location of the Lea~ed Property.
( 8) . TITLE AND ALTERATIONS. T.i t le to the Leased
,Property shall at·ail
Lessee .shall riot ~ake
\times during
\iterations;
the:lease remain in Lessor.
. . . .
modificaiions, additions o~
. .
improvements to the Lersed Property without Lessor·• s prior written
. consent. All additions and :i.mprovements made to the'Leased Property
shall belong tci Lessor_.
( 9) · SURREND1ER. Upon the expiration .or ea.rlier termiria-·
. . . \ . . .... ·, ·.. . .. • ,· ' ... ' .. · .. ·· '
tion · of this lease, Le1ssee, at its ,expense, shallireturn the Lea_sed
Property in good repai~, ordinary wear-'-and-tear -resulting from_::~----
proper use thereof along excepted, by delivering it, to the nearest
place ·of business operated by .Lessor. as Lessor may specify, or at.
Lessor'.s option, to a place designated by Lessor in Charlotte; North
Carolina.
·•· (10) LOSS AND;DAMAGE. Lessee shall bear the entire risk
. '
of loss, theft, damage or destruction of the Leased Property from
any cause whatever, and no loss, theft, damage, or destruction of
the Leased Pro_perty shall relieve. Lessee of the obligation to pay
rent or of any other obligation under this Lease. In the event
of camage of ~nyunit ·. of 'Leased Property, Lessee shall immediately
·. place-.the sarrie in good repair. If Lessor cetermines that any .unit
. : ::~~~:-~-~~--,~•;:_. ::--. . . .
.:_/":.·;':'::~_.-· ·or.·Lea:,ied Property is iost, stolen, destroyed, or damaged beyond·
·'' --~··,
repair, Lessee.at the optiori of Lessor shall:
• C • • • • • -
(a) . Replace. the ame with. like· leased property· ..
in good repair, or
;·
'
(b) Pay Less.or in cash all of the following: (i) ·2ll
amounts then:owed by Lessee to Lessor. under this ~3~e;
(ii) an amount equal to 115% of the residual va'
the unit after the initial term of this lease a•
by Lessor's books and records; and (iii) t~e ~
\. of the tot a·'!. .,rent for the initial term cf ~ h ~ ::
' I
:_:~cteC
:. ~ . .!lance
3. t tri-.
butable to said unit. Upon Lessor's receipt of such
payment, Lessee shall be entitled to, and shall become
the owner of, whatever interest Lessor may have in said
unit or units in the then state or condition ("Jl.S IS")
of each unit or units of Leased Property and Lessor will
execute and deliver to Lessee a good and sufficient bill
of sale. therefore v1hich shall convey Lessor's title to
such Leased Property without any ~arranty, eipressed or
implied and "AS IS." . The parties hereto agree that the·
·sum of the.amounts numbered (ii) and (iii) will
equal the fair ·value of said unit on the date of
such loss, theft, damage or destruction,. and the·
remaining rent payable hereunder, and each install-
ment thereof will be red~ced bj ded~cting therefrom
an amount equal to the proportion which such unit or
units bears to the aggregate number of such units
comprising the Leased Property.
(11) INDEMNITY AND INSURANCE. Lessee agrees to
indemnity.and.hold Lessor harmless against, and to.reimburse
Lessor for, all claims liability, loss, actio~s. dalilage, expenses,
. . . . . . . . .
. . . . . : . . . . . :· . . . . . I
·. and penaltie·s in· connectionwith the Leased Property; includ1ng
but not limited to personal :injury, disability, and d_eath or\ work-
. .
men and other persons, damag~ to the Leased Propert;, damagel to.
any· other property whether real or personal,. -attorney fees and
court costs which ar·e, :may· be caused· b;, Or' may ·arise .in· connection
.. with the manufacture, selection, purchase., use
.. : -•.·· handling, .transportation, storage, delivery. or
. \·.·._··:.:; .. ·.· _: \·--.· .. ·: .
operation, possession,
. . . . . \ .· .
return of the': Leased
. ' .
Property. Lessee, at_its cost and expense·,· wi11.place in· effect,
before the Leased Property is used or operated, _such insuran'ce as
.is necessary to insure Lessor for and against any claim,· liability,
. .
loss, action, damage, expenses and penalty,· and.as is. necess_apy to
insure Lessor for the full value thereof against loss to it or
damage to the Leased Property resulting from colision of, fire to,
.theft of, or other casualty to the Leased Property, or equipment
·. or accessories, while in the possession of Lessee.: Lessee hereby
indemnifies, releases, and holds Lessor harmless from claims,
liability, loss, actions, expense and damages, both to Lessee
_and to other persons, firms and corporatioris, on account-of any
. .
· failure of the .. Leased. Property to operate properly, including .
. _;:_. dalay~ _-occasioned·. thereby; Under no circumstances_ shall. Lessor
be liable for consequential damages, including but not limited
to driver time and down time, resultir!g from its failur_e to. perform··
'
or delay in petforming any of its obligations hereunder. A~ Lessee's
cost and expense, Lessee will keep and maintain such insuranbe in
effect during the continuance of thi.s ;\g-reement and until etne
\
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Leased P,roperty is returned to Lessor.
l
'1 '
rn,med as the or a./ insured iri each. coverie:-1te or polic:/,
evidencing such insurance. The insurance shall be in such
company or companies and insuch limits or amounts as ari= satis-
factory to Lessor. Each covering note or policy issued for
such insurance, or a certificate thereof, shall promptly be ...
deposited with Lessor and the issuing in~urance company shall
be directed to give thirty (30) days advance ·written notice to
Lessor of any cancellation of such insuranc~. Lessee shall not
cancel any such insurance without giving Lessor at least thirty
(30) days advance written notice thereof. In the event of any
cancellation, the Lessee shall promptly.deposit with Lessor a
new covering.note, policy or certificate in such company· or
companies and in such iimits or amounts as are satisfactory to
. \ · .. Lessor. · ·If Lessee fails to ·,.insure and to keep insured the Leased
Property fully or to pay.and discharge all· claims made against
1 .· ;the Leased Property~ Lessor, without prejudice to ariy other right
'hereunder, may, but shall not be obligated t6; cause said prope;ty
. . ..
to be insured for such •. coverages and. in :such -~mounts·. 'ai. Lesso;
.desires or pay and discharge such claim, ·as•Lessee agrees· to repay
-•. . •' .
said· sums tO.CLessor immediately upon demarid;. ·· In addition; Lessor
may, at its option, apply the proceeds of any insurance, whether
.provided by Lessor or Lesse~, ,to replace or repair the Leased
Property or any portion thereof, or to ·satisfy Le~seeis obligation
under this lease.
'i I, 4-, j~ .,e_) 7 "-c A· 1f J
i.£SS;_':'E r (; iff
(12) TAXES AND LIENS, -+:----l' agr-ees t'o pay all taxes and
public charges which may be levied or assessed upon the ownership
of the Leased Property during the term cif this lease. L.essee will
pay taxes and charges levied on ~ts u~e thereof, including licenses,
fines, permits, fees, fees, income or similar taxes. Lessee shall. not be
., obligated to pay any tax against the Lessor which is on or measured
·_by net income tinder this lease if the same is not assessed in lieu of
·.-.:f~=-f:);.'./~.:-;: .... --.-~-_-:.::.: . ~-·= . . . . '
·~ /_~;~'.·f.t~:. · ·91'-\ in· subst~_tution. for, a tax on. the Leased P;opeity, ·but··· arly use· ta~
.. /_'~\. . ;,;hich is equivalent. to a sales· tax :if this transaction were. a sale
shall be paid by Lessee. If under·1ocai law or cu;tom Lessee may not
f.
t '
make any of such payments, Lessee shall pro;ptly n~~ify_ Lessor, and
\ ' ' I . l
\
Lessee •) ' .
shall promp , reimburse Lessor for payments made
by Lessor. If Lessee fails to pay.the same when due, Lessor
may do so, without prejudice, and Lessee shall repay such sums to
Lessor immediately on demand. Lessee shall on request, submit
wfitten evidence to Lessor. of the payment of all such governmental
obligations. Neither Lessee nor Lessor shall permit any liens,
encumbrances or.claims tO be filed against the Leased Prope~ty, and
should any lien, en~umbrance, or claim be filed against the Leased Property
for any reason whatever, or the Leased Pfoperty be attached or
l_evied ,upon, Lessee shall immediately notify Lessor in writing,
shall promptly take all steps to protect the Leased Property
. . . . .
against such lien; encumbrance, cl~im, attachment or levy, and
· s_hall promptly obtain the discharge thereof,. and collect from L~ssor
\.
either directly or by set~off agaiqst rent.
' '.
(13) COMPLIANCE WITH.LAWS. Lessee. will not suffer or
. commit any of the. Le_ased Property to be used in violation
. ~ .. ·. ... . . . .
· of any law, statute, or ordinance. relating to. the·. use _of such
... :.
an~maintiin . .
property; LessE=e will,
.all necessary 1ice~ses,
. at :1 ts:,expense /iprocure.
.. ; .· ·. ·' \ . . ·• ' ..
.permits;··franchises -and
' ' .
other: authorizatj_ons'·
rE=quired in connection with the .use,, enj-0y~e~t or"possession there-.
of and will· indemnify,. defend and save· Less~r ha;mless from and·
on account of any loss or liability arising out of any such failure
of Lessee to obtain and maintairi in force any ~rich license, fran7
chise;authorization or permit withlre~pect thereto shall be. paid
by Les.see.
(14) ASSIGNMENT. Without'Lessor's prior written consent,
which shall not be unreasonably withheld, Lessee shall not ~a) assign,
transfer,· plec;lge, hypothecate or otherwise.dispose.of this lease or
any interest therein or (b) sublet or lend the Leased Property or
permit it to be used by-anyone other than Lessee or Lessee's employees.
Lessor may ·sell, mortgage give a security interest
-r-
'
such mortgage or a"greem·ent. Lessor.) assign this
lease or any part of the rentals, charges, and all other claims
or rights to moneys or credits due or to become due her.eunder at
any ti::ie, and upon notice from Lessor, Lessee shall make all pay-
. .
ments coming due thereafter directly to the assignee or as the
assignee shall direct. In the event separate assignments are
executed by Lessor in respect to the rents·and other sums payable
hereunder, Lessor and Lessee agree that as long as such separate
assignments remain in force and effect, this lease shall be deemed
and construed to be a divisible and separate contract between
Lessor .and Lessee. Any such sale, mortgage, . or assignment shall be
. . .· . . . ..
made subject to this Lease and the•purchaser or.assignee hereof shall
be obligated to perform any duty, covenant or condi~ion req_uir,ed to be
.· -·performed by Lessor .under any provision hereof.
foregoing;: this lease shall inure to benefit of
. .-I
Subject to the
. . . . \
and be binding upon
the•heirs, legatees,personal rep~ese~tative~, survivors,
I I
successors
and assigns of Lessor ahd Lessee.
(15} D~FAULT. • If Lessee faiis to pay'any rent or
amount her~in. provided or .. any.· rent or other ~mount provided
other I .
I ·.
for
in any other iease between Lessor .. and Lessee wit~in t~n (10)::d~y~
. .
after the same is due and payable, or.if Lessee faiis to perform
any other provision hereof or any provision in any other .lease
· b;tween Lessor and Lessee withih 10 days after Lessor shall have
de::ianded in writing performance thereof,· or if ~ny proceedings· in
. bankruptcy, receivership, cir insolvency shall be commenced by oj:,
against Lessee or its propetty, or if Lessee makes any_assign-
ment .for the benefit of its creditors or. ceases doing business.as
a going concern, then both this lease and any other iease ~etween
Lessor and Lessee shall be in default and the total.rentals
under each such leases shall immediately become due and payable, and
.Lesso~ shall have the right, but shall have the right, but shall not
; ..:.. -i-:. ·-:-. --. -.
; :::·:,:::.;/,.be· oblig"a.t~d · to exercise any .one or more of the following remedies botr
7{:JJ}J)<::~: . ' " '< ' " '
-8-
\
•' under this lease and any other lease and Lessee:
(a) to sue for and recover all rents and other amounts then due
or thereafter accruing; (b) to take possession of any cir all of the
.Leased Property wherever it may be located, without demand or
notice, without any court order 0r other process of law, and without
incurring any liability to Lessee for any damages occasioned by such takin;
of possession; (c) upon retaking possession of any or all items
of Leased Property, Lessor may at its option (i) lease the repossessed
Leased .Property or any part thereof to any .third party on such
terms ~nd conditions as Lessor may determine or (ii) sell any or
all of the Leased Property at public cir private sale for c~sh or
on credit and to·.recover from Lessee all costs of taking possession,
storing, repairing and selling the Leased Property, plus the unpaid
balance of the t~tal rent fo/the initi~l~term of.the lease
.• . . .
·attributable to the.Leased Pr~perty .. sold;·• (d).to terminate·the
lease as to any or all uni ts of Le~S~d Property;. ( e} in. the event
. . . ... ·· ,·.
Lessor elects to terminate· .the. :lease as to any .or all u~i ts of the.
Leased Property, to·recciver from Lessee .. as to each ~nit s~bject. to
saicJ.•termination the value at the time :of such.termination.of the
excess,·•if any, of the amount of rent reserved· for .said item
··for the balance of the ·term over the then reasonab•le value of said
item for the same period of ·time; (f) to putsue any other remedy
,now or hereafter existing at law·or in eq11ity. If Lessor shall
! retake possession of the Leased ~roperty·ur any part thereof, and
: there shali, at.that.time, be in, upon or attached.to:any such
. ;
repossess. Leased Property any othe·r property,· goods or merc;handise belon~
to or in the custody or control of the Lessee or others, Lessor
'
shall have the right to take possession of such other property, goods,
or merchandise and either hold the sa'lle for the account of Lessee·
or place the same in public storage for account and at the
·:·:.;_:···(··.~.:.C.:.:_:.j .. : •. '..;.·.'.· .. ·.;_:.:.;.· .. ~.;.,_·;:'.;·,-·:·.·~c:,.x
0
;_?n, ~snt l~et·u· ot fe_. •Le .s see . ·.No elect ion. or remedies · by Less or shall
.~ ~ ter;ination of thi:o• lease unless Lessor so notifies
._ .... ;·~::·~-. ·_;_·_·.": ... : .. ,/
.: -Lessee in. wri~ing, · Ncitwithsta,ndirig any such· action· that. Lessor·
I ' t lr ·!;-may a .. e, inciuding/taking possession of any or all of th·e
Leased Property, •Lessee· shall· remai,, 1 L?.ble for the .. full per for-
mance of all its obligations here~·
Lessor and Lessee, provided, ho~~
terminates this lease·or any c·••:
I
/
and any other lease between
·~at if Lessor in writing
··~ between Lessor and Lessee
'\ .·/
-as to any item of -~ed Property, Lessee sh •. \ot be liable for
rent in respect of such item accruing after the date of such
termination. In addition to the foregoing, Lessee shall pay
Lessor all costs and expenses, including reasonable attorneys
fees, incurred by Lessor in exercising any of.its rights or
remedies hereunder, whether or :not legal proceedings are ·commenced.
(16) NOTICES. Any written notice or demand under this
lease may be given to a party by mailing it to the party at its
address set forth above, or at such address as the party may pro-
vide in writing from time to time. Notice or demand so ~ailed•
shall be effe.ctive when deposited in the United States mail, duly
addressed, and•with postage prepaid.
( 17) c.H□ICE OF LAW~ This lease· shall be deemed to
have·beeri made
. . . . . . •. ·-: /, .
in Mecklenbur_~· Co~rty, Nort~ Carolina, regardless of the
'
· ·place where or order inwhich signatures of .. Lessor and Lessee
. shall be affixed hereto, al"ld !this leas~ shali t'2'interpreted in
. > accordance with the laws of ithe State. of N6rth Carolina.
( 18) ENTIRE AGREEMENT W~IVER> 'Thi~ lease. shall· !"lot·.······
....... ">···:·. . :·.: ... · .. \ .. · ......... '.'-':-. .. '::,· ....... ·, ... _.·': . ·,
be ·construed as an agreement 1. of partnership\ or joint. venture,
'
. and. t.he ~elationship :.of ,the -~arties is only that of L~sso~• and
··.·:·.Les.see. · .. This leas~ contains the. e~tire :understanding :of the : pa~ties,.
and no change or modificat:i.~~ shall be ~ffective or bindin~ ~nless
in writing and signed by both parties. This· lease. ·is not int.ended
. -. .
.as security or as a security'agreement within.the m~aning of the
Uniform Commerical Code, or a~ a c~nditional sales contract, retail instal
'
~ent sales.contract, or chattel mortgage. In the event this lease
is. construed by any ~ourt to be a conditional. sales contract, a chattel
. . . . . .
mortgage or•a security agreement, Lessor shall have,·upon default by
Lessee, in.lieu of the remedi'es provided for in this lease, all of
the rights and remedies .provided for by the Uniform Commercial Code
of the State of North Carolina. Waiver by Lessor of any prvision·
~~;,;~J,~r:,{h'e~;ci/; the a'c~epta:nce :by Lessor of any payment after the same is due ·,
C::·.',~; the ra'.ilure by Lessor. to pursue any rer:iedy hereunder shali',·pot
constitute a ,;aiver of ariy.provision hereof and shall not prevent Lessor
from exercising ariy remedy hJreunder on account of~nypast.or
future defaults.
( 19) SEVERABILITY. If any provision hereof or any re,-•
herein provided for be invalid under any applicable law, su~i1
-10-
I
bu. '1 r·emaining provisions
hereof, including the remaining default remedies, shall
be given effect in accordance with the manifest intent hereof.
(20) OPTION TO PURCHASE. At the end of the 44 month
lease term described herein, provided Lessee is not in default in
~he payment of any rental obl~gations stated· herein, then Lessee shall
. . . -. . . . . .
have .. the 6ptio~ of purchasing a11'oi the property covered
by this Lease from Lessor upon payment of the purchase price of
One Dollar ($1.00). In that event, Lessor shall deliver to Lessee
appropriate bills of sale and/or title documents to consummate said
sale .
. (21} SPECIAL CONDITION. Lessee hereby agrees that as
Partial consideration for the granting of._this Lease, Lessor. expect~
. . ,·
.That Dafid M. Neill will bec~nie a riiember of the: Board -Of Directors \
of Lessee. fherefore, all obligations of Le~sor stated herein are 1
··conditioned upon said individual having. been formally made a
·. member of said Board as ~f the eff~ctive dat~ of th.is Lease .
. . . . IN. WITNESS WHEREOF.;·the:'_parties;°have _.·· ca~sed·. their·
d~J.y authorized·. officers tc/·ex~c~te thi~' agre~ment, •_ and their_·.•
. . .
corporate seals hereunto affi~ed, ·on and .'a~ ,:~{'. the day and year
first. above· written_.·
-11-
STATE OP !WRTH CAROLH:A
GASTOt, COU1';TY
IN Tri£ GENEP.AL COURT OF JUSTICE
SUPEF.IOR COURT DIVISIOt! ~°'
STATE OF NORTH CAROLINA ex rel )
LEWIS I(. liARTIN' Director' )
Division of Environr.,.ental !lanagement, )
Department of Natural and Economic )
I!esources,
Plaintiff
vs.
CHARLES 0. MILFORD, President,
JADCO, 411 West Washington Street,·
P.".O. Box 8832, Greenville, SoutJ1
Carolina 29604
and
Jl'_DCO, Inc.
and
C. A. HUGHES, President,
C. A. HUGHES Incoroorated,
County, North Carolina
Gaston
Defendants
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COl 1P:WAINT AilD !lOTION
FOR
INJUNCTIVE RELIEF
The plaintiff, complaining of the defendant, alleges and
says:
1.
That the plaintiff, State of Horth Carolina, is a soverign
State; that the Department of Natural and Economic Resources
(Department) is an agency of the State of Nort..1--i Carolina; that
Let·1is R. Hartin· is the Director of the Di vision of Environnental
1,lanagement, Department of Hiotural and Econorcic Resources; and
that the Director is authorized to institute apnronriate action
for the Department to prevent, restrain, correct, or aba~e ~ p_/4"'?}-/4
. -· ~, ~......,_o.,. :.U:'lf-~C:,.~j/..J t:,~-::C._ J'-{3 ,v¾,A.J•--(1,-{ -~ -:.t.. , / r
violations of the ,,:ater_;-..--t, by reason of G.S. 143-215.6(c)
and G.S. 143-213(8), and pursuant to a delegation of authority
(attached) signed on , 1975 by JaTT'.es E. Harrington, '/
Secretary, Departr.,.ent of Natural and Economic. ;;1esources.
2.
That the defendant, Charles 0. !·!ilford, is a resident of
Greenville, South Carolina and is president of JADCO Incorporated,
411 West l·:ashington Street, P. 0. Box 8832, Greenville, South
Carolina 29604; anr1 that he is the person in responsible charge
of JADCO; and that C. A. Hughes, is a resident of Gaston County
and the person in resoonsible charge of C. A. Hughes, Incor.oorated.
3.
'I'hat the defendant, in the m.anner and for the reasons
hereinafter described below, did violate the laws of the
State of Horth Carolina, Sl)ecifically the 1,:ater and Air Resources
Act, Article 21, Chapter 143 of the General Statutes by causing c/1:~,;_,_e
a--,,s(,...d..,.2;;:;aster to be discharged or intermixed with the ,·1aters of the
State in violation of the water ouality standards applicable
to the assigned classifications without a oennit in violation
of G.S. 143-215.1, and therefore is subject to the injunctive
remedies prescribed in G.S. 143-215.6(c).
4 .
That the defendant, during or abo.ut the r.ionth of ~ ~r:---:::,""rr/:'l'f~':f_ ?-:.~:::t,',C}:i.,_,.~,s~
, 19 , began a1~chemical.(_distilling or rendering plant . .,/
located approximately one quarter (0.25) miles south of the
intersection of llorth Carolina State Road 2036
2035, along the east side of NCSR 2035 located
Belmont, Gaston County, ilorth Carolina.
5 •
//::irl. C--1-;;.,~;.._.,,..~--1-
and; State Road . \,,
in or near
'chat the property upon which the defendant's operation is
located is so situated as to be in a shallow valley, surrounded
on all sides by residential oroperty; that a soring fed stream
transverses the site by a concrete pipe (aporoximately three
feet in diameter) and rain falling on the site travels by
gravity to the downstream point of the pioe 1.;here it enters
the unnamed tr~~~t_ary .to E~ tes C c:=-e.ek; th~',.t,S~.:,~,:,Zomnany is in
.1;,',,,.1L: _,....¢-o-'!L-/.I~ ? l
the business 051\ re cons ti tu ting solvento/ (priP.'.arily oaint and
ink type) for resale, with a sideline of storing waste cheI'lical ,--.,(.,,,,£,:,,.,'t.
sludges; that a .disttllation process is eronloyed in an effort
·_ . c:C10\...:i.-<. ~il. c:-..e(_.,,
to reclaim.spen~nts; and that substantial quantities
of sludge result from the distillation nrocess which increases
the total volume of stored sludge almost daily; that the present
-2-
capacity of the system was reported to be 50-100 drums per day,
each with a holding capacity of 55-gallons,but at the _r:,resent
time there are apnroximately 2,000, 55-gallon drums of sludge
material on site, a sizeable portion of which contain unknown
substances; and that there are an additional abffi.t 10,000 or
~2~~ ~ ...
more drumsJwi th some sludge combined with spent sol vents;
and that there are also three larqe storage tanks on site that
are filled ,•lith a total of approximately 36,000 gallons of
sludge.
6 •
That vast qualtities of_ 91udge and 1,1nkno}vn
,.;.,__ 2,(,1' 'r'"'~ .....-,<':~ L,~ -:;,e~-Co-,
solvents are stored in, such a manner tg;;-there J
chemicals and
I
--'-"· -leakage
from the barrels; which leakage_ upon a rain falling on the site..,
travels by gravity to the downstream ?Oint ,·1here it enters into
the unnamed tributary of Fites Creek and into the wa~r suoply
27"~,7" ...,G,c/4£:.-,./..:__, .---ed.: _L.;.--e,--<-f or the Trnm of Belmont./ , · C/
7. -
fT't. ~--~-'-cjf ~.,,.
That the defendants have since at least August, 1973, _,
g.e.nml-4-y operated the nlant in a generallv slopnv condition, . . . . l-~= ~ " .L--:::F --. . -
thereby allm1ing~vents and other)Jluids to be discharged
onto a concrete pad surrounding the stills; that the facilities
do not include a central collection system~ h"ibt1t~ry to holdil!g·
.l;,a-s-i-n which ~ permits fluids to flot.-1 downward and sorn.etimes
into the stream; that the storage of sludge and other chemical~
,~,~-::: ,·
?4 'f'"'':--in the 55-gallon drums have generally been ooorl" handled which
· ....
permits spillage fro!'.' the druM5jl~~o-2:'~: ___ c:1rums wi tho~;,_t___,,__p
.,,,.,.. ~ -rt: "ft:':::F,-:-1 ids and 'floorly locac:oo c.rums,,c whicr. leakage f=;thel,'.enaterials
have washed into the unnamed tributary to Fites Creek during
rainfall~/runoff events.
8.
That the defendants have cornnittec. a nurtl.Jer of reported
violations among which are the follrn-1ing:
-3-
·-·•···· ..... '·--.. ~ ., •. •• ... -
(a) On /\_ugust 10, 1973, a toxic material, allylether f:::::. cX< ,,,;_C{!_ ?,-' :z;',e C, ,.; . J?';P'.:'.'.-<-,-G---'...:;°$_
1-1as spilled;(into the u~named tributary to Fi tes
Creek and resulted in the evacuation of approxi-
mately 30 families in the immediate area, plus
the State Board of Health being required totemporarily
close down the water supply serving the Town of
Belrr:ont. The cause of the spillage was deter-
mined to be an unattended SO-gallon per minute
pump discharging without a'permit in violation of
/
North Carolina General Statute 143-215.1.
(b) On March 1, 1974, a waste1·1ater discharge from the
'
C. A. Hughes facility of about 100-150 gallons of
~
a mixture contai~ing~0 percent textile fiber finish
,,1,:=c-. .
oils, soap andJl!0 percent perchloroethylene. This
was a discharge in violation of North Carolina General
Statute 143-215.1 and resulted in a civil penalty
of $250.00 being assessed and collected by the
Division of Environmental :1anagement against C. A.
Hughes Incorporated.
(c) On June 27, 1974, C. A. Hughes Incorporated was
discharging uastewater by means of a pump into the
ditch south of the facility in violation of North
Carolina General Statutes 143-215.1. The investi-
gation determined the discharge to be a willful
act on the part of company employees and '·1r. R. C.
Fuller a downstream riparian O1-me1;:. reported that
I
(d)
some of his cows died as a result of drinking the
toxic substances corning from the discharge.
On Hay 9, 1975, !lr. !•1urphy a downstream riparian
owner reported that his cows had died as a result
of drinking water from the stream. P.n investigation
0~"7 . .
determined that C. A. HughesF discharging 1-1aste
into the stream in violation of water quality
-4-
.,
standards (G. S.
accomplished by
143-215. ll/fhe discharge was
-z,l,.. means of;Jnstallation of a
drain pipe to carry off wastes from the discharge
area.
(e) In addition to the four substantiated violations
listed above there have been numerous comnlaints
concerning discharges
plant of C. A. Hughes
9 •
of waste from the r1-'"-~ ,,---,(
by /lower ri9arian
chemical
O'.Jner.s.
ll-
'i'hat on or about 15 July 1975 as a result of rain a number
of barrels, some of which contained chemical waste, were washed
from the C. A. Hughes site into Fites Creek and drn•m the
stream. These barrels were subsequently recovered, however;
some chemicals of an unknown amount 1,ere dischargef into the
stream in violation of G.S. 143-215.1 .
. 10. J' ,.J~.L
·7 ck~ J_Jffa1
,,.tL f-C
That said solvent"reconstituting1 ooerations were investi-
gated by John Murdock, environmental engineer, Division of
Environmenta], qpnagerr,eIJ,t DeJ?~rtment of Naturc>.l and Economic ct£ · ~,;:' · : I '/IJ ·
Resources The investigation revealed that ti1e defendants_ ,,-/,.' •. ~ ~ ~ 7 / .
were continu_ing to operate the business of reconstituting sol-~ ~ , . vents ~near Belmont; that G½e general operation of .
the plant was done in a sloppy manner; tJ1at poor mechanical
processing equinnent and lax material handling IJrocedures are
generally being enpJ.oyed, and that there continues to be a
danger from spills of the highly toxic materials to Fites Creek
and on into the 1,1ater supply for the Town of Belmont and that
such.operation continues to be a threat to water aualitv
· standards as established by G. S. 143-215 .1; ti1at such continued
_on·erations constitutes an immediate, pressing and irreparable
damage to the plaintiff; that said continuing effect on the
1-,ater quality standards of Fites Creek constitutes a threat to
the public water drinking sunply for ti1e Town of Belmont and
-5-
is contrary to the Public interest and public policy declared
by G.S. 143-211 wherein it was stated that it was the intent
of the General AsseJT\bly to achieve and maintain for t~e citizens
of the
cf¼ct""..,_,. -~~ \
StateAand that the State's ultimate responsibility = -~
for the preservation and development of its water resources in
the best interests of all its citizens; and that the continuance
of this operation would be detrimental to the general welfare,
health, safety, and property rights of the citizens of this
st: te c.:.-....z. .ZZ:: "t'.~~ ~~ ---~
Wherefore, the plaintiff prays this Court:
1. That summons issue and be served upon the defendants.
2. That this Complaint and attached affidavit be con-
sidered by this Court as an affidavit and unon the saJT\e a
temporary restraining order be issued restraining the defendants,
or others acting 11i th or under their -direction or control from
causing, suffering, or allowing or permitting the storing,
extraction, reconstituting, or further transportation of solvents,
chemical sludges, waste chemicals or other like substances from
in or around the present site so as to constitute a threat of
1·1ater cruali ty violations to Fi tes Creek and to adjoining
s tre am19> rr7 . .,,,0 -'-"= -
3. Thereafter, upon due notice and after the defendants
have had an opportunity to be heard, that a preliminary injunc-
tion be issued, and thereil.fter, up9n determination on the merits,
that a nermanent injunction be issued prohibiting the defendant,
or others acting 1-1ith or under their direction or control from
bringing additional chemicals,solvents or sludges upon the
site and from storing _those chel'licals, solvents or sludges which
. .
are on· the site in such a manner as to cause a threat to the
Pollution of the waters, in violation of the ,.-,ater quality
standards, G.S. 143-215.1.
-6-
4. That the defendants be taxed with the costs of this
action and for such further relief as the Cou:r.rt may deem just
and proper.
This the day of -------------' 1975.
Respectfully submitted,
T'.UFUS L. I:D!-:ISTEN
Attorney General
John P.. B. ~,a tthis
Assistant Attorney General
Department of Justice
P. 0. Box 629
Raleigh, North Carolina 27602
Telephone: [phone]
-7-
STATE OF NOP.TH CAROLINA
GASTON COUNTY
IN THE GENEP.AL COURT OF JUSTICE
SUPERIOR COURT DIVISION
STATE OF NORTH CAROLINA ex rel )
LEWIS R. clARTill, Director, )
Division of Environmental Management, )
Deoartment of Natural and Economic )
Resources,
Plaintiff
vs.
CHARLES 0. MILFORE, President,
JADCO, 411 West Washington Street,
P .' 0. Box 8832, Greenville, South
Carolina 29604
and
J A.DCO, IHC.
and
C. A. HUGHES, President,
C. A. HUGHES INCORPORATED,
C0unty, North Carolina
Gaston
Defendants
)
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)
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TEi1PORARY RESTRJI.INI!JG ORDER
This cause coming on to be heard before the undersigned
Judge of the Superior Court, upon the verified complaint with
the attached affidavits filed by the plaintiff, treated as an
affidavit, and it appearing to the Court that an action has been
commenced by the plaintiff, in the Superior Court of Gaston
County against the above named defendants; that summons has
been issued in said action agains.t said defendants in which the
plaintiff seeks a temporary restraining order and injunctive
relief against certain acts of the defendants, upon consideration
of said verified compalint with attached affidavits, treated as
an affidavit, it aopears to the Court that the defendants named
herein above have been unlawfully engaged in the business of
reconstituting, storing, collecting, and handling solvents,
paint, ink and other toxic chemicals, located app~oximately
one quarter (0.25) miles south of the intersection of NCSR 2036
and SR 2035 along the east side of HCS!l. 2035 in Belmont, Gaston
County, North Carolina, in violation of G.S. 143-215.1, and
.. ' .... -.. ·.,,r
that defendants will continue said reconstituting, storing,
handling, and transportation of such solvents and other toxic
materials resulting in further damage to and discharges in the
stream; and it appears to the Court that the olaintiffs suffer
immediate, pressing and irreparable carnage unless a preliminary
injunction is issued, restraining the defendants or others
acting 1-,i th or under, their direction or control, from engaging
in.said business of reconstituting, storing, handling and
transportation of solvents, waste chemicals, sludges and other
toxic materials; and it further appearing to th·e Court that
the plaintiff is entitled to a shm-1 cause order as to why tb.e
defendants should not cease these unlawful actions.
Nm,, therefore, it is hereby ordered, adjudged and decreed:
1. That the defendants, or others acting ,,,i th or under
their direction or control, is hereby ordered to aopear and
show cause why they should not be enjoined and restrained from
the business of storing, transporting, reconstituting and
handling of solvents, waste chemicals, sludges and other toxic
materials and from causing, suffering, allowing or permitting
such materials from entering Fites Creek in violation of the
Water Act, Article 21, Chapter 143 of the General Statutes of
North Carolina.
2. That service of this order and a copy of the summons
and complaint upon the defendants shall be deemed sufficient
notice to them and to all other persons for all nurposes and
the defendants shall appear before the Honorable Judge Resident
at the
· on the .
Session of the Superior Court of Gaston County
day of July, 1975, at m. at the Courthouse
in Gastonia, North Carolina, or as soon ~1ereafter as counsel
··can be heard, and show cause, if any there by, why a preliminary
injunction should not issue and be made permanent according
to the practices of the Court of North Carolina, and it is
further ordered that from the date hereof this order is in
-2-
full force and effect.
This the day of , 1975.
Judge of Superior Court
-3-
Plaint:iff Koomen has been. delegated the aut:horit:y by the Secret:ary of Human
Resources to enforce t:he provisions ·of Chapter 130 of the General Statutes and
the Rules and Regulations of the Commission for Health Services adopted
pursuant thereto.
The Commission for Health Services has adopted Rules and Regulations.Providing
{or the Protection of Public Water Supplies.
General Statutes 130-165 provides that."
.·.:_::;
General Statutes 130-164 provides that 11 .(:·J;<~-~-t,\;)\.
Section 6(f) of the Rules and Regulations Providing for the Protection of Public
Water Supplies provides that 11No domestic sewage or industrial wastes or treatment
plant effluent shall• be discharged into any: , , • (2) Streams classifies as A-II
until approval has ·been secured from the State Board of Health (Department of Human
Resources)·°'"
. .
_:._..:,,.:·:>~~~;:'", ._·;:~.~-:_ : · .
...... ~· :iJ]~(~ .. ;}:;
..... f.!)~.._':1.,--.
The ,defendants ·c. A, Hughes and its corporate officers commenced operation . .::J.jf:_1r: ..
,~~~f~E,f; of a chemical recovery plant located on S,R, 2035 in Gaston County in 19
-~-~~~~:-:·_
... -~ --~ :.·~~j:;-i~\~j~~~ The chemical recovery plant is located on a tract of land which slopes --~z.::-. ~ ·-.::R~_,:_;4;~ ...
':: gradually towards the middle. An unnamed tributary to the Fi tes Creek. flows into · · ·? · ','.}{
··.a culvert at the south end of the property and proceed.s through the culvert down
,the middle of the property until it emerges from the culvert north of t~:i control
The distance from the control building to the point where the tributary
· ·emerges from the culvert is approximately tfn feet. The control building, constructed
of cinder block and housing two cylind~J'1anks of approximately gallon
capacity, is leaning northward and downward into the tributary, A concrete slab,
between the control building and the tributary, has already fallen into the tributary.
The still which reprocesses the chemical waste is located approximately twenty feet
south of the control building, Large tanker trucks are parked between the control
................. ,..,,._.,.. nf' t-"?"""::in"f"'ri.ne-liouid chemicals between the
,.,-.· '
'j1;t}ii,;:
• a ;:f:g;[i~t~)~rnt
· . .-,
?
;~:• ..• ··, .
During the period of operation of the chemical recovery plant by
defendants C. a. Hughes, Inc. and.its corporate officers, approximately 8,000
to 10,000 55-gallon drums were pennitted to accumulate on the site. The drums
contain ink wash containing the following water solubles: ethyl alcohoi, HEK,
isopropyl alcohol, ethyl acetate, varsol; paint wash; chlorinated ·solvents;
acetone, benzene; phenol and derivatives; ethylene glycol; oils and various
lubricants; glue waste (soluble ind insoluble); alcohols (ethyl, methyl, isopropyl,
isobutyl); waste paint and paint resins; varnishes and various finishes; A-ylene; .P4~~o/
toluene; hexane; nethanol; methyl ethyl ketone; heptane; alcohol ethers; petroleum;
oil; hydrocarbon fuels; lacquers; lacquer thinners; hydraulic fluids; solvents;
cleaning solutions; water· and oil mixtures; water soluble coolants; greases;
. vegetable oils; unknown substances; and sludge. Total volume of each.chemical
and its precise chemical nature is unknown. Of the substances listed above, the
following are toxic:
The drums are dispersed throughout the entire tract of land. The greatest
concentration of .drums is. located in the southeastern portion of the tract.. In
most areas, the drums are stacked two and three high. The drums have a life-
exspectancy of 3, years. A substantial portion of the drums have already begun
to rust; The rusting drums are subject to leaking the chemical fluids on the
ground; the rusting drums are also subject to bursting from the weight of one
or two drums stacked on top. The ground, especially in the southeastern and
northeastern portions of the tract, is covered with puddles of chemical fluids.
Drums, full of chemical fluids, stand upright with no top cover.
\
,.','.,, __ ... _.
'\
·,,,s ..
The unnamecl tributa/y to Fites Creek, Fites Creek, a:1.d the Catawba River
The average fl_ow rate of this sec t_ion
The Catawba River, from the point of
Therefore, if a substantial amount of chemical fluids should enter the unnamed
tributary at the chemical .recovery plant and travel at the average flow rates
S}lec:ified above, the chemical fluids would reach the raw water intake within
The average flow rates. specified above may be affected by two occurrences •
. : The operation of Mountain Island Dam and Lake Wylie-, which are Duke Power Company
hydroelectric dams, may cause, under at least one set of operat:ing conditions, a
reverse flow in the Catawba River. Secondly, a period of rainy weather may increase
the volume of water in the tributary, creek, and river and may thereby increase the_
flow rate and decrease the length of time required for chemical fluids from the
chemical recovery plant to reach the raw water intake for Belmont Converting
Company's water filtration plant.
.~,;;:/.
-::.;_. .,-, ..
. ·· .... ~•:/,· --~
Six, discharges have b~en documented. On A1.1ocrust 10, 1973, an unattended
50gpm pump at the chemical recover}'. plant discharged allyl ether into the unnamed
tributary. Thirty families were evacuated from their homes and Belmont Converting
Compar.y' s water filtration plant was closed temporarily. On March 1, ·1974, an
unattended hose leading to a container with percbloroethylone drained into the
.. tributary. A small fire at the plant may explain the reason for the discharge.
· No damage to ,the environment was observed. On June 27, 1974, liquids were intent-
ionally pumped from the processing area into -the tributary. The volum of the discharge
was undetermined; the content of the discharge was V---
On Hay 9, 1975, a drainage pipe from the.
plant to the tributary was discovered. The volume and content of the dischage was
undetermined •. o:1 /fl/';;}'_?$,-1975, four drums fell into the tributary. The volLnne
/
and content of the discharge was undetermined. On July 15, 1975, heavy rains
.. produced flooding at the chemical recovery-plant. Forty to fifty drums were washed
· ::into· the tributary and then into-Fites Creek. Various chemical solvents, primarily
organic solvents drained from the plant site into the tributary. The raw water
.'Jntake on the Catawba Rivel' was closed from to
The volume of the discharge was undetermined; the content of the discharge was
I l l l i
I !
l 1 j
' l
\
i
fonnation of an odor which arises from the plant site and evades the neighboring·<.:
air. The residents in the area report that the odor penetrates the throat causing
an unpleasant burning sensation and difficulty in breathin,g.
. -, :--.,,, . .c·1·~., ... :-
· ·' ~,!t~>.=:
·-:·,:.
. ., ........ . .. -~·~ .. J{.;~;-,:~_ .. :-_: ',
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. .':;_~~~:[~·~~~;_:::":. .
. ,-., ,-~-::,--., ......... , .. , ......... ~~ -~"\ ~-.
. ·C\ ,r •/f{(:::i-.
The defendant Jc1tl, ~nc. ~:d~l~s corporate operation
of the chemical recovery plant on Hay 1, 1975, after c. A. Hughes, Inc •. leased.
certain personal property on the plant site to Jadco, Inc.
Since assuming operation of the chemical recovery plant, the situation
at the plant site has remained as described in paragraphs
the complaint. Three documented discharges, as described in paragraph
·. of the complaint, occurred after Hay 1, 1975.
of
Jadco, Inc. submitted a plan for diversion of the tributary and construction
of berms at the plant site to the Gaston County Health Department, the Divsion of
Health Services, and the Environmental Management Division on July ·n, 1975. The
plans were approved with modifications and defendants Milford and Neil were
notified by representatives of the above agencies on July 22, 1975. These
.representatives reminded defendants Milford and Neil of the necessity to
submit an operational plan detailing the manner of operating the plant, the
procedure and• time.: schedule for processing or removal of the accumulated
-drums, and the procedure for preventing, containing, and cleaning up ·a spill.
July 29, 1975, was established as the. date for submission of the operational
plan.
.. ·' ""'· -
Plaintiff Koomen has been delegated the authority by
the Secretary of Human Resources to enforce the provisions of
Chapter 130 of the General Statutes and the rules and regulations
of the Commission for Health Services adopted pursuant thereto.
The Commission for Health Services has adopted Rules
and Regulations Providing for the Protection of Public Water
Supplies.
General Statutes 130-165 provides that "No person or
municipality shall Elow or discharge sewage or industrial waste
above the intake into any source from which a public drinking
water supply is :t·aken;· unless .said sewage or industrial waste
shall have been passed through some system of purification approved
by the Commission for.Health Services and Environmental Manage-
ment Commission; and the continued flow and discharge of such
sewage may be enjoined.
Section 6 (f)· of the Rules and Regulations Providing for
the Protection of Public Water Supplies provides that "No domestic•
sewage or industrial wastes or treatment plant effluent shall be
discharge into any: ••• ·(2) Streams classified as A-II until approval,,
ha's been secured from the State Board of Health (Department of
Human Resources).".
The maintenance of the C. A. Hughes plant, as described
in paragraph of the Complaint, has resulted in the discharge
.of industrial waste, as described in paragraph of the Complaint,
into a tributary to the Fites Creek which flows into the Catawba
.',.River at a point approximately five miles above the raw \~ater
intake for Belmont Converting Company's water filtration plant.
Belmont.Converting Company's water filtration plant
II./ ,j ,,,. 1'? ~/4?;'&-''·/•;/ provides the drinking water supply for 1//71' ✓ i9 u-' ,'J o r v 0•
The is a stream classified as A-II.
The violation of G.S. 130-165 and Section 6(f) is
dangerous to the public health.
The continued maintenance of the C. A. Hughes plant,
as described in paragraph of the Complaint, threatens to result
in further discharge of industrial wastes, as described in para-
gra.ph of the Complaint into a tributary to the Fi tes Creek.
.--)
STAT1:: OE:' i~:J~fL'f! 1:/-.?_:JLIC<rA
GASTON COU2·iTY
STATE: OF ~;.'J.RT'.-f CAROLINA, e.:-: r.·2l )
RUFUS L. EDi4ISTEN, Atto=ney )
General; JA./1ES E. HARRING?ON, )
Secretary, Department of )
Natural and Economic Resources; )
DR. JACOB K00l1AN, Director, )
Division of Health Services, )
Department of Human Resources )
PLAINTIFFS
v.
C. A. HUGHES, INC. , JADCO,
INC., DAVID M. NEIL; C. A.
HUGHES, CHARLES O. MILFORD,
III, CHARLES L. ALFORD, III,
JAMES M. FRENCH, THOMAS PRUETTE
DEFENDAi'IJTS
)
)
)
)
)
)
)
)
)
)
)
)
COMPT-AHlT i\ND ~iOTION
FOR TEMPO:tARY
RESTRAINHJG ORDER AND
PRELININARY INJUNCTION
.The .plaintiff, State of North Carolina, complaining of
the defendants, through Attorney General Rufus L. Edmisten, James
E. Harrington, _and Dr. J·acob Kooman, who a.re acting for and on
behalf of the State within their respective areas of responsibility,
say and allege that:
PART I
1.
C. A. Hughes, Inc., is a corporation organized and
existing under and by virtue of the laws,of the State of North
Carolina.
2.
JADCO, Inc.·, 1.s a corporation organized and existing
under and by virtue of the laws of the State of South Carolina,
and does substantial business in North Carolina. JADCO, Inc.,
has not been issued a Certification of Authority to transact
business in this State.
3 •
Defendant Thomas Pruette is the President of C. A.
Hughes, Inc.; Defendant David M. Neil is the Secretary of C. A.
Hughes, Inc.; and Defendant C. A. Hughes is the former President
of C. A. Hughes, Inc. Defendant Charles 0. Milford~ Ill, is the
'
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
Dr. Jacob Koomen, being first duly sworn, deposes and
says:
That he is Director, Division of Health Services of the
Department of Human Resources, one of the Plaintiffs herein, that
he has read the foregoing Complaint and knows the contents thereof,
that the same is true of his own knowledge, save and except those
mat'ters and things therein stated upon information.and belief,
and as to those, he believes it to be true.
This the j)d_ day of August, 1975.
(!3r· Jacob Koomen
Sworn ands bscribed to before
me this -'fr--da of August, 1975.
'' ' I I '. ' ' ' l, ',
: '
\ 1' '
' I '
I ' ' \ .,
Presider1t ot ,7ADCO, Ins.; UeEc~~~nt Charles~-Al£c.1rd is th~ Vic~-
PresiC.ei:1t of JADCO, Inc.; D2fend2nt James =··1. r::.~er-:ch is the Secretcl::::.·y
of ,Tr,DC:0, Inc.
4.
C. A. Hughes, Inc., and JADCO, Inc., operate a chemical
storage and recovery plant whic.h receives \vaste chemicals and
other waste substances from industries for a fee, reprocesses
and recovers that which is reusable and sells the reprocessed
chemicals and recovered substances.
5.
The defendant C. A. Hughes, Inc., operated the chemical
plant located on S. R. 2035 in Gasto~ County from 1971 until May
1, 1975.
6 •
The chemical plant is located on~ tr~ct of land which
slopes gradually towards the middle. An unnamed tributary to
Fites Creek flows into a culvert at the south end of the property
the culvert
and proceeds through/down the middle of the property until it
emerges from the culvert north of the control building. The distance
from the control building to the point where the tributary emerges
from the culvert is approximately ten feet. The control building,
constructed of cinder block and housing two cylindrical tanks of
approximately 9,000 gallon capacity, is leaning northward and
downward into the tributary. A concrete slab, between the control
building and the tributary, has already fallen into the tributary.
The still which repro6esses the chemical 0aste is located approximately
twenty feet south of the control building. A large tanker truck
is routinely parked between the control building and the still
for the purpose of transferring liquid chemicals between the still
.. : .. ·.ce .... :,and the truck·. An 8,000·gallon and a 10,000 gallon storage tank
•-· .are·' located• approximately. fifteen feet west of +-ht=s c+-i 11. Four
20,000 gallon storage tanks and a 2,000 gallon storage tank are
located approximately twenty-five feet east of the still. A
water tank, a cooling tower, two 4,000 gallon tanks, and a 2,000
gallon storage tank are located approximately thirty feet east
of the control building. A steel beam structure is attached to
-2-
•. !
th2 eas~ er,d of the cont~ol building. C ' .1.ro.me .1.s .l-:Jc2ted
west 0£ the control building. The cylindric~l tanks and the
storage tanks contain c~a~icals whose volu~es and identies 2rs
unknown.
7 .
the willful action and the willful failure to act The gross negligence,/of defendants Pruette, Neil ar.'.': Hughes
have created a threat to the purity of the public drinking '.•iater
supply of the town of Belmont, North Carolina, by permitting
the accumulation of approximately 8,000 to 10,000 55-gallon drums
of chemical and other industr{al wastes at the plant site in
proximity to the unnamed tributary.. Drums were permitted to
accumulate despite the fact that the plant could not process such
number of drums and variety of chemicals,· that the presence of
the unnamed tributary made the location unsuitable for the storage
of such number of drums, that no structural improvements to the
plant site were made to prevent contamination of the tributary,
and that no plan was developed for the eventual disposal of the
accumulated drums. The drums contain ink wash (w{th the following
water solubles: ethyl alchol, methyl ethyl ketone, isopropyl
alcohol, ethyl acetate, varsol); paint wash; chlorinated solvents;
acetone, benzene; phenol and derivates; ethylene glycol; oils
and various lubricants; glue waste (soluble and insoluble);
alchols (ethyl, methyl, isopropyl, isobutyl); waste paint and paint
resins; varnishes and various finishes; xylene; toulene; hexane;
methanol; methyl ethyl keto~e; heptane; alchol ethers; percailoro-
ethylone; petroleum; oil hydrocarbon fuels; lacquers; lacquer
thinners; hydraulic fluids; solvents; cleaning solutions; water
and oil mixtures; water soluble coolants; greases; vegetable oils;
unknown substances; and sludge. Total volume of each chemical
and its precise chemical nature is unknown.
8 .
Of the chemicals listed in the preceeding paragraph of
the complaint, the following are considered most toxic: phenol
(5 ppm), benzene (10 ppm), ethhylene glycol (lppm), toluene (100 ppm)
-3-
:'. , :: --• ,._·,r1• , ..
• : __ • ·, ,/_. •• ff•
a:::>breviation 11 ppm'1 n:.::;ans parts per :1~i.llion. The nur.1b":?r r,,::eceeding
the abbreviation re9rr2sents the thr2shh0ld at which tt:,2 c1uwJ.tity
of the chemical in the air or water would be dangerous to human
beings who breathe the air or drink the water. For example, if
there were five parts of phenol in one million parts of air
or water, the consu2ption of such air or water would be dangerous.)
The age and brand of the waste paints and paint resins are unknown;
therefore, the percentage of lead in them is also unknown. Lead
is toxic at 0.5 ppm.
9 .
In addition to the 8,000 to 10,000 55-gallon drums on
the· site,. there is also approximately 500 pounds of magnesium.
piled on the ground. Magnesium, along_with other chemicals contained
in the drums, such as heptane and hexane, are flammable.
10.
The drums are dispersed throughout the entire tract of
land. The greatest concentration of drums is located in the
southeastern portion of the tract. In most areas, the drums are
stacked two and three high. The drums have a life-expectancy
of three years. A substantial portion of the drums have already
begun to rust. The rusting drums are subject to leaking the
·' chemical fluids on the ground; the rusting drums are also subject
to bursting from the weight of one or two drums stacked on top.
The ground, especially in the,southeastern and northeastern portions . '
of the tract, is covered with puddles of chemical fluids. Drums,
full of chemical fluids, stand upright with no top cover.
11.
The accumulation of drums at the chemical plant with the
accompanying spillage and seepage of chemical fluids onto the
ground has resulted in the formation of an odor which arises from
the plant site and invades the neighboring air. The residents
in the area report that the odor penetrates the throat, causing
an unpleasant burning sensation and difficulty in breathing.
-4-
12.
The unnamed tributary to Fites Creek, Fites Creek, and
the Catawba River are classified as A-II streams. The unnamed
tributary, from the point of the chemical plant to its confluence
with Fites Creek, is~ length of approximately one mile. The
streams have been classified as A-II by the Environmental Manage-
ment Commission, Department of Natural and Economic Resources
pursuant to the authority contained in G. S. 143-214.1.
The flow rate of the unnamed tributary was 2.3 cfs on
July 28, 1975. Fites Creek, from the point of confluence with the
unnamed tributary to its confluence with the Catawba River, is
a length of 1.3 mil~s. The flow rate of Fites Creek at N.C.
273 bridge was 4.1 cfs on July 28, 1975. The Catawba River, from
the point of its. confluence with Fi·t~s Creek to thei.raw • water
intake for Belmont Converting Company's water filtration plant,
is a length of 2.7 miles. The flow rate of the Catawba River
at .a point 3200 feet upstream from the intake was 5400 cfs on
··.July 28, 197 3. Therefore, if chemical fluids should enter the
unnamed tributary at the chemical recovery plant and travel at
the flow rates specified above, the chemical fluids would reach
the raw water intake within 11.8 hours.
13.
The flow rates specified in th~ preceeding paragraph of
the Complaint may be affected by at least two occurrences. The
operation of Mountain Islan~ ~am and Lake Wylie, which are Duke
Power Company hydroelectric dams, may cause, under at least one
set of operating conditions, a reverse flow in the Catawba River.
Secondly, a period of rainy weather may increase the volume of
water in the tributary, creek, and river and may thereby increase
· :·•.:!: ~ ·. the flow· rate· and decrease the length of time requiied for chemical
fluids from the chemical recovery plant to reach the raw water
. -intake for Belmont Converting Company's water filtration plant.
Similarly, a period of drought may have the reverse affect on
the time required for the chemical fluids to reach the raw water
intake.
-5-
14.
The raw water intake for Belmont Converting Company's
water filtration plant takes water from the Catawba River at
a point below its confluence with Fites Creek. The water constitutes
the public drinking water supply for the town of Belmont. The
water is also used in the operation of Dixie Yarn, Pharr Yarn,
and Belmont Converting plants. Upon closing of the filtration
plant, the Town of Belmont would have approximately one day's
supply of water for all municipal services. The operators of the
water filtration plant would be able to detect the presence of. -
some foreign substan,ces in the water at the intake and the
operators would not be able to remove all of such foreign substances
from the water. Therefore, the only recourse would be to close
the filtration plant if the water at.the intake became substantially
contaminated.
15.
Six discharges from the chemical plant into.the unnamed
tributary have been documented. On August 10, 1973, an unattended
50 gpm pump at the chemical plant discharged allyl ether into the
unnamed tributary. Thirty families were evacuated from their
homes and Belmont Converting Company's water filtration plant
was closed temporarily. On March 1, 1974, an unattended hose
leading to a container with perchloroethylone drained into the
tributary. A small fire at the plant may explain the reason for
the discharge, but no means existed to keep spills out of the stream.
On june 27, 1974, liquids were intentionally plli~ped from the proces-
sing area into the tributary. The volume of the discharge was
undetermined; the content of the discharge was undetermined.
On May 9, 1975, a drainage pipe from the plant to the tributary
The volume and content of the discharge was
<.un~etermined. . On Ma:{ 18 , four dru.~.s fel3. into the t= ibut.c.ry.
The volume and content of the discharge was undetermined. On
July 15, 1975, heavy rains produced flooding at the chemical
recovery plant. Forty to fifty drums were washed into the trib-
-6-
utary and flowed into Fites Creek. Various chemicals drained
from the plant site into the tributary. The raw water intake on
the Catawba River was closed from 5:00 p.m. to 10:00 p.m. and
from 11:30 p.m. to 6:30 a.m. on the night of July 15 and 16.
The volume and content of the discharge was _undetermin_ed. Drums
were removed from the stream orito the stream banks, where they
still remain. Some of the drums are leaking.
16.
The defendant JADCO, Inc., and its corporate officials
assumed operation of the chemical plant on May 1, 1975, after C.
A. Hughes, Inc.; leased certain personal property on the plant site
to JADCO, Inc.
17.
Since JADCO's assumption of the operation of the
chemical plant, the situation at the plant site has remained as
described heretofore in the Complaint. Three documented dis-
charges, as described in paragraphs heretofore in the Complaint,
occurred after May 1, 1975.
17A.
The gross negligence, the willful action and the willful
failure to act of defendants Milford, Alford and French have
perpetuated the_ threat to the purity of the public drinking water
supply of the town of Belmont, North Car;liria. The defendants
have continued to accumulate 55-gallon drums of chemical and
other industrial wastes at ~he plant site, failed to construct
improvements at the plant site to prevent further contamination
of the unnamed tributary, and failed to remove the drums from the
banks of the unnamed tributary and of Fites Creek after they
were retrieved from the tributary and the creek on July 15 and
18.
JADCO, Inc., submitted a plan for diversion of the
tributary and construction of berms at the plant site to the
Gaston County Health Department, the Division of Health Services,
and the Environmental Management Division on July 11, 1975. The
-7-
,--,:-•,.
defendants JADCO, I~c.1 and C. A. Ht1gj~3, Inc., were noti1i.2d on
July 22, 1975, of the modifications to the plans which ,,,oulcl be
necessary in order to rPcei've fi'n~l ?p-,ro•'al. Defendan~c .Tf.'Dro .__ '--" ~l !_-'-IJ ._..__, '--' • '---I
Inc., and C. A. Hughes, Inc., were reminded of the necessity to
submit an operational plan detailing the manner of operating the
plant, the procedure and time schedule for processing or removal
of the accumulated drums, and the procedure for preventing, con-
taining, and cleaning up a spill. July 29, 1975, was established
as the date for submission of the operational plan.
PART. II
19.
Dr. Jacob Koomen, is the Director of the Division of
Health Services of the Department of Human Resources of the
State of North Carolina.
20.
Dr. Koomen has been delegated the authority by the
Secretary of Human Resources to enforce the provisions of Chapter
130 of the General Statutes ;and the rules and regulations of the
Commission for Health Services adopted pursuant thereto. A certi-
fied copy of the Declaration of Authority is attached to the Complaint
as Appendix A and is incorporated by reference into the Complaint.
21.
·~·-C;. :. -:~.-·-·-'· ... ,. ·• The Commission for Health Services has adopted rules .... ,..,.. -
·::;_. ·/:;,-'~ and regulations providing for the protection of public water
supplies. A certified copy of the rules and regulations pro-
viding for the protection of public water supplies is attached
to the Complaint as Appendix Band is incorporated by reference
into the Complaint.
-8-
i • 22.
General Statutes 130-164 provides that: "§130-104. Defiling
public water supply. --No person shall willfully defile, corrupt,
or make impure any public or private 1va ter supply. No person
shall willfully destroy or injure any pipe, conductor of water,
or other property pertaining to an aqueduct.''
23.
General Statutes 130-165 provides that: "§130-165.
Discharge of sewage or industrial waste. --No person or municipality
shall flow or discharge sewage or industrial waste above the intake
into any source from which a public drinking water supply is taken,
unless said sewage or industrial waste shall have.been passed
through some system of purification approved by the Commission
for Health Services and Environmental Management Commission; and
the continued flow and discharge of such sewage may be enjoined.''
24.
The rules and regulations providing for the protection
of public water supplies, Section 6(f), pertaining to the protection
of filtered water supplies, provides that "No domestic sewage or
industrial wastes or treatment plant effluent shall be discharged
into any: • • • ( 2 ) Streams classified as A-II until approval has
been secured from the State Board of Health (Department of Human
Resources) . "
25.
On June 27, 1974,,defendant C. A. Hughes, Inc., willfully .
defiled, corrupted, and made impure a public water supply by
intentionally pumping chemical liquids from the processing area
into the unnamed tributary whose waters docmstream from a public
water supply.
26.
On May 9, 1975, defendant JADCO, Inc., willfully defiled,
·corrupted, and made impure a public water supply by discharging
chemical liquids through a drainage pipe into the unnamed tributary
whose waters form downstream a public water supply.
-9-
.)
2 7.
Defendant C. A. Hughes, Inc., through its operation
of the chemical plant until May 1, 1975, and its accumulation
of approximately 8,000 to 10,000 drums at the site, and JADCO,
Inc., through its operations of the plant since May 1, 1975, with-
out making any improvements to the plant site or the plant method
of operation or without reducing in any appreciable number the
number of drums on the site, have willfully failed to prevent any
further defiling, corrupting, and making impure of the unnamed
tributary whose waters form downstream a public water supply;· and,
therefore, the defendants are willfully threatening to further
defile, corrupt, and make impure the unnamed tributary whose
waters form downstream a public water supply.
28. · ·
. Defendants C. A.• Hughes, Inc. , and JADCO, Inc. , have
discharg<=d industrial wastes,.· i.e. liquid chemicals and other
substances, above the intake for the source of the public drinking
·water supply of the Town of Belmont as heretofore.set out in the
Complaint.
29.
Defendants C. A. Hughes, Inc., and JADCO, Inc., have
discharged industrial wastes, i.e. liquid chemicals and other
substances, into the unnamed tributary to Fites Creek which
is classified as an A-II stream) as heretofore set out in the
Complaint.
30.
No discharge from the chemical plant into the unnamed
tributary and no systa" for purification of such discharge has
been approved by the Environmental Management Cormnission, the
·· Commission for Health Services or the State Board of Health
. 'D . -'-• , : · .. _, ep~r L....rne.n-c. of Human Resources).
31.
Defendants C. A. Hughes, Inc., through its operation of
a chemical plant until May 1, 1975, and its accumulation of
approximately 8,000 to 10,000 drums at the site, and JADCO, Inc.,
-10-
through its operation of the plant since May l, 1975, without
making any improvements to the plant site or the plant method
of operation or without aQpreciably reducing the number of drums
at the site, threaten to further discharge industrial waste
into streams classified as A-II and above the intake for the
source of the. public dr{nking water supply for the Town of Belmont
without any approval of the Environmental Management Commission,
the Commission for Health Services or the State Board of Health
(the Department of Human Resources)
31A.
The gross negligence, the willful action and the will-
ful failure to act of defendants Pruette, Neil and Hughes, as
set forth in paragraph of 7 of the Complaint, and the gross
negligence, the willful action and the.willful failure to act of
defendants Milford, Alford and French, as set forth in paragraph
17A of the Complaint, have been and threaten to be a proximate
cause of the discharges of industrial waste, i.e. liquid chemicals
and other substances, above the intake for the source of the public
drinking water supply of the Town of Belmont.and into the unnamed
tributary to Fites Creek which is classified as an A-II stream.
32.
Such discharges or threatened ?ischarges, as set forth in
the preceeding eight paragraphs of the complaint are or will be
in violation of G.S. 130-164, G. S. 130-165, and Section 6(f) of
the Rules and Regula~ions Providing for the Protection of Public
.Water Supplies.
3 3.
Such discharges have been and will be dangerous to the
_;.i:c:::L;,,:._;;;pu_blic health. The accumulation of such various and unknown
.'4,••·.· .• •.·''.;..J_-~ .·.• ...
. :::::::_'.·.•::":,:".';:·chemical and other industrial wastes in auantities of undertermined
... -::~ ~-""':"'" ::·:··-:-•• ' • • • • • • .L ;::¥¥;;'~;:i.-'.·:;:.;,z:;•;-· · .. : .. :; . .
•.· amount and with various ranges of toxicity and flammability has
not only caused discharges into the unnamed tributary in the past,
but also presents the threat of future discharges of undeterminable
magnitude and severity, whether by further gross mismanagement of
the plant or by flood, fire, or explosion, which discharges may
injuriously affect the downstream public water supply of the
Town of Belmont and the h?alth and safety of its inhabitan~s.
-11_
\ • PART III
34.
James E. Harrington is the Secretary of the Department
of Natural and Ecomomic Resources of the State of North Carolina.
35.
The Secretary is authorized to institute appropriate
action for the Department of Natural and Economic Resources to
prevent, restrain, correct, or abate violations of the water and
air resources act, Article 21, Chapter 143 of the General Statutes,
by reason of G. S. 143-215.6(c) and G. S. 143-213(8).
36.
In addition to the violations of North Carolina law
set out above in Parts I and II, the defendants have further vio-
lated the laws. of the State of North Carolina, specifically the
Water and Air Resources Act, Article 21, Chapter 143 of the General
Statutes~ by causing the chemicals, and other materials described
in paragraphs 9 and 10 to be discharged or intermixed with the
waters of the State as described above in violation of the water
quality standards applicable to the assigned classifications without
first obtaining a permit. Such acts constitute a violation of G.S.
143-215.1, and therefore subjects defendants to the injunctive
remedies prescribed in G. S. 143-215.6(c).
PART IV
37.
Rufus L. Edmisten; i_s the Attorney General of the State
of North Carolina and is the Chief Legal Officer for the people
of the State of North Carolina and in that capacity is empowered,
and does bring, this action on behalf of the people of the State
of North Carolina.
3 8 •
In addition to the violationH of North Carolina law
set out in Parts I, II, and III, the defendants have, by the
operation of the plant and by the storage of the chemicals and
other materials described above, created a general nuisance to
the persons living in the surrounding areas. They have caused
harmful and obnoxious fumes and odors to permeate the air in
such quantities as to disturb and annoy adjoining property owners
-12-
.. ;., ,.,: .. · ., .. _,,.;,•, .... ~ ..
anC: render • their property uncomfortable. The defendants have
thereby injuriously affected the rights of the community in a
manner inherently i11jurious to the public health. They have
caused chemicals and other harmful substances .to be discharged
into the unnamed tributary to Fites Creek, thereby polluting the
waters.
39.
Defendants have stored highly flammable, toxic, and harm-
ful chemicals in such a manner as to constitute an ultrahazardous
and'inappropriate activity.
WHEREFORE, the Plaintiff prays the Court that this
Complaint and the attached affidavits be considered by this Court
as an affidavit and upon the same:
(1) that summonses issue. and be served upon all defendants.
(2) a temporary restraining order be issued commanding
all defendants jointly and severally to:
(a) station a watchman 24-hours a day at the C. A.
Hughes, Inc., plant site on SR 2035 in Gaston County within 24
hours of the service of such order;
(b) commence cleaning up the spillage and seepage of
the chemical and other industrial wastes on the ground at the
plant site within 24 hours of the signing of such order;
(c) remove, within 72 hours o~ the service of such
order, the approximately 500 lbs. of magnesium at the plant
site; and
(d) cease permitti~g tanker trucks from driving onto
the plant site for the purpose of transferring chemical liquids
between the still and tanker truck unless adequate precautions
.are taken to prevent any spillage from flowing into the tributary;
.(e) immediately cease the transportation of drums contain-
~ing~6hemicals and other potentially injurious substances onto
the plarit site;
(3) a hearing be set within ten days on plaintiff's
motion for issuance of a preliminary injunction;
(4) a preliminary injunction be issued, after the
hearing, commanding all the defendants, jointly and severally to:
-13-
)
(a) .r.tim:a2 sta,tioning a
\" ..
watc.n 24 hours-a-day
at the C. A. Hughes, Inc., plant site on SR 2035 in Gaston County;
(b) continue cleaning up spillage and leakage of chemical
and other industrial wastes on the ground at the plant site;
{c) transfer the chemical and other industrial wastes
from drums which are leaking or which lack tops thereto to water-
tight containers, or empty such chemical and other industrial
wastes into the still for reproc~ising, or otherwise dispose
of the chemical and other industrial wastes. Prior to the transfer
and within 72 hours after the issuance of the preliminary injunction,
the defendants will submit for the Court's approval, a plan de-
signed to contain any spillage and leakage of the chemical and
other industrial wastes on the plant site during the said transfer.
Immediately upon approval of said plan, but not before such approval, ..
the transfer heretofore described in this subparagraph shall begin.
(d) remove immediately any magnesium which may remain
at the site;
(e) cease permitting tanker trucks to drive onto the
plant site for the purpose of transferring chemical liquids
between the still and tanker truck unless adequate precautions
are taken to prevent any spillage from flowing into the tributary;
(f) immediately cease the transportation of drums
containing chemicals and other potentially injurious substances onto
the plant site;
(g) make an inventory of the chemical and other industrial
wastes at the plant site;
(h) within or.e week of the signing of such order,
prepare and submit a structur~l improvement and operational
plan to the Court, detailing the manner of operation of the
plant, the procedure and time schedule for proc~ssing or removing
-· -~,c•·.'c-·: the accumulated drums,. and the procedure and improvements necessary . .
!(f;;i:"for. i~eventing, containing and cleaning up any spill, or prepare
and submit to the Court, a plan for closing the plant operations
and the processing and removal of the accumulated drums.
(4) a permanent injunction be issued commanding all
the defendants, jointly and severally, to:
(a) implement the structural improvement and operational
plans as approved by the Court;
(b) or close said plant and reprocess or remove the
accumulated drums in accordance with the plan approved by the
Court.
And the plaintiff prays the Court for such other and
further relief as it may deem just and proper.
Respectfully submitted,
Rufus L. Edmisten
Attorney General
William F. O'Connell
Special Deputy Attorney General
John' R. B. Matthis
Special Deputy Attorney General
Robert R. Reilly
·Associate Attorney
Daniel Oakley
Associate Attorney
•
I
' I •
Mr. Dave M. Neill, President
C, A.· Hughes, Inc,
1410 Northwestern Bank.Bldg,
Charlotte, N, C. 28202
Dear Mr, Neill:
•
April 11, 1975
RE: C, A. Hughes, Inc.
Plant located on S, R, 2035
. Gaston County
I attended a meeting at the Gaston County Health Department on April 3, 1975
regarding the operation and disposal of waste from the referenced plant.
I also accompanied Mr. Russell Radford, Engineer, with the North Carol~na
Department of Natural and Economic Resources, Division of Environmental Manage-
ment, on an inspection of the plant facility on April 8, 1975.
The plant site is located, on a tributary to Fites Creek which flows into., ... ~
the Catawba River, The river is a source of raw water supply for a plant supply-
ing water to a public water system.
The operation of this plant in its present condition, with numerous possible
sources of pollution to the stream and the storage of the chemicals and waste
materials on the site (many of unknown content~ is a violation of Division of
Health Services Rules and Regulations providing for the protection of public
water supplies.
We are of the opinion that the operation of this plant in its present con-
dition and the storage of chemicals and waste materials (some of unknown content)
on the watershed is a serious public health hazard and immediate corrective mea-
sures must be implemented.
.,
Mr, Dave M,
Page Two
Neill.
April 11, 1975
•
Immediate interim steps must be taken to insure that "no" spillage from normal plant operations or due to an accident will be discharged into the stream, Dykes must be constructed around the stored chemicals and waste mat-erials to insure that "no" leakage from the containera or rain run off from the storage area will be discharged into the stream. Any leakage o("rain run off must be disposed of off of the watershed,
You are requested to notify this office, within 10 days of receipt of this letter, of the status of completion of the required interim steps, Daily chemical analysis on samples collected from the stream to include PH, hardnessJ alknliniti carbon dioxide and also physical test to include color and threshold odor must be conducted to determine if the water quality changes in the stream, Daily records on these analysis must be kept,
In the event that a change in water quality is detected, a representative of your company must il!DDediatcly notify this office and Mr, W, M, Haislip, Director of Envi-ronmental Services, of the Gaston County Health Department,
We will be in contact with you, regarding the continued operation of this facility at the present location and the removal of the stored material from the site, upon completion of the review of the data which we have obtained and following consultation with representatives of other state and federal agencies which are responsible for the health and welfare of citizens and the protection of the environment,
If we can be of assistance, do not hesitate to contact us,
Very truly yours,
EDH/!e.J
Copy to: Mr, w,.J, Stevenson,/
Mr, Howard Jackson~
Mr, Russell Radford
Dr, Drake
Mr, W, M, Haislip
E, D, Herndon
Regional Engineer
JAMES E. HOLSHOUSER. JR,
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF HUMAN RESOURCES
Division of Health Services
JACO8 KOOMEN, M.D .. M.P,H.
DIRECTOR OAVJD T. FLAHERTY
SECRETARY
MEMORANDUM
To:
SUBJECT:
LABORATORY SECTION
P. 0, Box 28047 Raleigh 2761 I
APRIL 9, 1975
MR. 0. W. STRICKLAND, SOLID WASTES
SANITARY ENGINEERING SECTION
AND VECTOR CONTROL BRANCH,
ROBERT J. DRYE, JR., PH.D., HEAD,ENV!RONMENTAL SCIENCES
"C. A. HUGHES" SITE IN BELMONT, GASTON COUNTY, N. C.
BRANCH to/D
THIS MEMORANDUM IS·WRITTEN IN RESPONSE TO YOUR RECENT REQUEST AND DOCUMENTS MY FEEL! NGS SUBSEQUENT TO OUR VIS I.T TO THE "C. A. HUGHES" SI TE. I REALIZE THAT THOSE OPERATIONS NOW HAVE NEW OWNERS AND PROBABLY A NEW NAME; HOWEVER, I DO NOT KNOW THE NEW NAME SO I WI LL REFER TO THEM OR IT AS "HUGHES."
I HONESTLY FEEL THAT THE STORAGE FACILITIES AT THE SUBJECT SITE ARE A DIS-GRACE TO PUBLIC HEALTH PRACTICES IN NORTH CAROLINA. WE VIEWED AT LEAST 10,000 55-GALLON DRUMS; .APPROXIMATELY 75% OF THEM WERE FILLED WITH MATERIAL FROM UN-KNOWN SOURCES, CONTENTS UNKNOWN. THE DRUMS THAT WERE LABELED CONTAINED HIGHLY FLAMMABLE LIQUIDS SUCH AS HEXANE, METHANOL, PRINTING INK SOLVENTS, PAINT AND LACQUER SOLVENTS, ETC. THE SITE IS ATOP A CULVERT THAT RUNS INTO A SMALL CREEK AND IS LESS THA.l\l FOUR WATER MILES FROM THE RAW WATER INTAKE FOR THE TOWN OF ' BELMONT. I SEE THREE DANGERS FROM THIS SITUATION: (1) WATER POLLUTION; (2) FIRE; (3) THE POSSIBILITY THAT:SOMEONE WOULD FIND OUT THAT WE VISITED THIS SITE, TALKED WITH THE OPERATOR, AND THEN CONSENTED TO ALLOWING HIM TO CONTINUE BUSINESS AS USUAL. IF NUMBER 2 OCCURS, THE OTHER TWO POSSIBILITIES WILL BECOME REALITIES. I SEE NO LOGICAL WAY TO DIKE THE AREA IN VIEW OF THE CULVERT THAT RUNS LONGITUDINALLY BENEATH THE OPEN FIELD WHERE THE DRUMS ARE STORED.
THE OPERATOR SAYS HE CAN RECLAIM SEVEN TO TEN DRUMS PER DAY. ACCORDING TO MY ROUGH CALCULATIONS, IT WOULD REQUIRE ABOUT FIVE YEARS TO CLEAR THE FIELD AT THIS RATE PROVIDED NO NEW MATERIAL WERE RECEIVED. THE COMPANY IS STILL RECEIVING NEW MATERIALS FOR RECOVERY OR DISPOSAL. IN FIVE YEARS, THE DRUMS WILL BE RUSTED THROUGH AND WHAT WAS ONCE AN EYESORE WILL BECOME A PROBLEM FOR ANOTHER PART OF THE ANATOMY. DARRELL HERNDON SHOULD BE ADVISED OF OUR CONCERN FOLLOWING OUR VISIT TO THE SITE. I AM CONVINCED THAT HE SHOULD USE EVERY LAW, STATUTE, RULE OR REGU-LATION AT HIS DISPOSAL TO REMOVE THIS "CHEMICAL DUMP" FROM THIS WATERSHED IN HIS AREA OF RESPONSIBILITY.
NW
: I ! I
' , • Divi:s. O!l of Envlronnantal H.e.=3=2nt.
Air Quality Section
[phone]
Septe.:iber 17, ·1974
TO:. Sandy B2ach
Depari:nent of :Natural & Economic Resourc!:a A1R. QUALITY. DIVfSION j .•.. CONCORD OFFICE: . . -S . r: :fl-Bro ck N. Nicholson, Chief Ecgineer :v0--. ~· ---~--------A:ir Quality Section
· SIJTIJ:CCT: Destructo Chenway Corporation-Chemicals to be Dispos2d of in Their
Liquid l-iasta Incinerator
,As p~r our·phone conversation7 disposed of by incineration by this
Xylene·
· Toluc:.:12
. Acetone
Hexane
l~t'h.a:i..ol
Ethanol
_Iscp~o~yl }i.lcohol
_ lletlljl Ethyl Ketoi"!a
. Heptane
Alcohol Ethers
Petralc= Ethers
0£1
Hydrocarbon FG~ls
enclosed is· a list of the cbe.."tical.:a to be campa.--iy.
Lacquers
Lacquar Tn:L:aners
· · ITy:iraulic Fluids
Sol-..rCuts·
Paint Rem(?Vers and Strir>pe::----3'"
ncl~ning Solution3"
Wa~::...r and Oil l·!i.xtures
Wa~er Soluble Coolant~
Paints
Paint By-Products·
Gre.as~s · · ·
Vc3etaole Oils
It shouid be coted that ·our perc.tlt issued for this incinerator ,✓0uld include a state~~nt prohi.½iting tbe bu::ning of -waste cont2in.:!.ng haloge~s, sulfi<le3, inorg~n.ic salts, net21lic oxide3, o=ga..,o-:tltroierrs~ brissa~tG, o~ ot1-zer n..:1.tez-i.als rl.elete~iou3 to th~ materials of -con..9truction a!ld a:nbie:it air· quali;:y.
This is a rough breakdmm of the chemical, physical, and toxicological
properties of the various chemical compounds listed on the sheet that states
the contents of the dru~s stored by C. A. Hughes, Inc.
(1) PETROLEUM (ALSO HYDROCARBON FUELS)
In the cracking (purification) of crude oil, a variety of compounds ara
obtained. The following scheme illustrates the variety of compounds possible:
(Organic Chemistry, Morrison, R. T., and Boyd, R. N., p~ 74 (1959) ).
Petroleum Constituents
Fraction Distillation Temp°C
Gas Below 20°
Petroleum ether 20° -60°
Ligroin (light naphtha) 60°. -100°
Natural Gasoline 40° -205°
Kerosene 175° -325°
Gas Oil Above 27 5°
Lubricating Oil Non-volatile liquids
Asphalt or Petroleum Coke Non-volatile solids
Carbon Number Samples
C -1 c4 Me t11ane, propane
CS-c6 Htxane, e rier.s, l~w trw a co 1ols
C6-c7 *erzene, Ioluene y ene, c c. .
CS-ClO and cycloalkanes
c12 -c18 and aromatics
c12 and higher
Probably long chains
attached to cyclic structures
polycyclic structures
(2) VARSOL. LACQUER THINNER, LACQUER, VARSOLS, PAINT, PAINT WASHES
Contain a similar mixture that contains low molecular weight aromatic
(Benzene, Toluene, Xylene) and aliphatic (Hexaae, Alcohols, Methanol, Ethanol,
Propanol, MEK, MIBK, Butyl Acetate, Ethyl Acetate, etc.) compounds. The paints
and lacquers will contain metalic (Lead, Titanium) and non-metalic (phenolic resins,
organic polyester resins) compounds that may have adverse toxicological properties
independent of the carrier solvents.
(3) HATER SOLUBLE COOLANTS (TO INCLUDE ETHYLENE GLYCOL)
Ethylene Glvcol -Poisonous, DO NOT Sw<lllow, Miscible with H20, lowe,r Molecular
rabbits l. 0 weight.
(4) Cf!LORINATED SOLVENTS (TO INCLUDE CHLOROFORl-1, CARBON TETRACHLORIDE,
METHYL CHLOROFORl-1, TRI AND PER CHLOROETHYLENE, ALSO MAY INCLUDE PESTICIDES.
Chloroform -Non-flammable, very volatile, boiling point 61-62°, miscible 11ith
alcohol, benzene, ether, pet. ether, carbon lehachloride, carbon desulfide, oils.
Carbon Tetrachloride -Non-flammable heavy liquid, boiling point 76.7°miscible
with alcohol, denzene, chloroform, ether, carbon deaulfide. Death has occurred
from injestion of 5cc. MAC in air 25ppm.
(5) ALCOHOLS (TO INCLUDE METHANOL, ETHANOL, PROPANOL AND ISOPROPANOL,
ISOBUTANOL).
Ethanol -Very mobile, flammable liquid, boiling point 78 .5° Flash pt 9-11 °
l]liscible with H20 and organic liquids. LD 50 Orally in rats u·. 7 g/kg.
Methanol -Flammable, poisonous, mobile liquid, boiling point 64.7°.
Flash pt. 12° (54°F) miscible.with tt 2o, Ethanol, Ether, Benzene, Ketones, and
most organic solvents. Death from injection of less than 30 c~ has been reported.
Usual fatal dose 100 to 250 cc. MAC 200 ppm.
Isoprooyl Alcohol -Flammable liquid, autoignition Temp. 455.6° (852°F) Lower
explosive limit in air 2.5°/, (V/V) miscible with H2o, alcohol, ether, chloroform.
LD 50 orally in rats 5.Bg/kg.
(6) AROMATIC SOLVENTS
Benzene -Highly flammable liquid, poisonous, Flash pt. 10-12°, soluble in
1430 parts H20, miscible with alcchol, chloroform, ether, carbon disulfide, carbon
tetrachloride, glacial acetic acid, acetone, oils. Keep in well-closed containers
in a cool place and away from fire. 2050 orally in rats 5.7glkg. Harmful amounts
oay be absorbed through skin. Prolonged inhalation of 100 ppm causes toxic symptoms.
Toluene (Toluol) -Flammable refractive liquid, boiling pt. 110.6°, }'lash pt.
6°-10~ very slightly soluble in H20; miscible in alcohol, chloroform, ether, acetone.
LD 50 s.c. in rats 5.0glkg Lethal cone. for mice in air about 6000 ppm.
. ~
Xylene· (Xvl. -Mobile, flammable liquid, -1· 001. 1.ng pt. 137-140°, Flash pt.
29°, insoluble in H20, clCD orally in rats 4.0g/kg; lethal cone. for mice in air
6000 ppm.
(7) ALIPHATIC (Ct-LUli) CO~!POUNDS
n -Heptane -Volatile, flammable liquid, boiling pt. 98.4°, Flash pt. -1°,
insoluble in water, soluble in alcohol, chloroform, ether. Lethal cone. for dee
in air 16,000 ppm.
n -Hexane -Colorless, very volatile liquid, boiling pt. 69°, insoluble
in H20; miscible with alcohol, chloroform, ether. Lethal cone. for mice in air
aboJt 40,000 ppm.
Methyl Ethyl Ketone -Flammable liquid, Flash pt. 35°F, soluble in about
4 parts H20; less soluble at higher temp., boiling pt. 79.6°F lethal cone. for
guinea pigs in air 10,000 ppm.
(8) MISC. COMPOUNDS
Phenol -Poisonous and caustic, boiling pt. 182°, Flash pt. 79°, very soluble
in alcohol, chloroform, ether, .glycerol, carbon disulfide, etc. Lo50 orally in
rats 530 mgjkg, keep well closed and protected from light. Do not handle with
bare hands.
Ethyl Acetate -Flammable liquid, slowly decomposed by moisture, then acquires
' an acid reaction. Absorbs water (up to 3.3° /o w/w) Flash point +7 .2° (open01p).
Miscible with alcohol, acetone, chloroform, ether. Lo50 orally in rats: 5.6 gJkg.
Max.· allowable cone. 400 ppm.
Acetone -Volatile highly flammable liquid, miscible in H0 0, alcohol,
dimethylformar-Jide, chloroform, ether, most oils. Keep ah·ay from fires. Oral
LD50 in rabbits 5.3g/kg. Max.allowable cone. 1000 ppm.
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