NCD980602163_19810902_Warren County PCB Landfill_SERB C_DOJ memo re settlement with Warren County-OCR

RUFUS L. EDMISTEN
ATTORNEY GENERAL
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~.epartmcnt of J/ustic.e
P. o. Box 629
RALEIGH
27602
2 September 1981
MEMORANDUM
TO: Burley B. Mitchell
FROM:
RE:
:'. /.1.// Bill Raney c...v, Yrf"-..
PCB
Greg Fraley from EPA dropped into my office a few days
ago to discuss the PCB cases. He is the _North Carolina Pro-
ject Officer for the Superfund. The Superfund is a federal
grant program for the clean-up of hazardous wastes.
North Carolina, through the Department of Human Resources,
Office of Solid and Hazardous Waste, has listed PCB clean-up
as its top priority. Fraley indicated a desire to get funding
to North Carolina for clean-up as soon as possible . He indicated
that EPA would not quibble over the amount and that North
Carolina probably has already expended enough money to more than
cover its 10% share of the project.
It occurred to me that the committee should discuss the
possibility of settlement with Warren County once again in
view of the availability of funds from EPA. Warren County
has appeared to move gradually from the position of "no landfill''
to the position of "adequately designed landfill." It has been
our position in the past that our design was adequate and that
their suggestions for design were unwarranted, especially in
view of the additional expense.
With EPA now footing the bill we may want to consider
agreeing to their suggestion of a bentonite clay liner if they
will agree to dismiss the suit. My initial conversation with
Bill Meyer indicates that this would involve very little additional
work. The reason for not agreeing to this previously was the
expense associated with purchase and transportation of the
material.
If you feel that a meeting on this point is desirable please
advise me and the committee of the time and place.
My calendar right now is relatively open for the next two
weeks.
/dw
cc: Committee Members