NCD980602163_19811105_Warren County PCB Landfill_SERB C_Robert Jansen memo EPA Communication re PCB Sampling Program-OCR

STATE OF NORTH CAROLINA
OFFICE OF THE GOVERNOR
RALEIGH 27611
.JAMES 8. HUNT, JR.
GOVERNOR November 5, 1981
MEMORANDUM I
To:
From:
Re:
o. w. Strickland
Solid and Hazardous Waste Management
DHR, Division .◊~tealth Services /
Robert Jansen f 1
EPA Communication dated October 29 Regarding
/ PCB Sampling Program ----------1 . H ,
EPA has requested a statement of North Carolina's position
on the proposed program for sampling roadside areas to
define the extent of PCB contamination "as it exists today".
The request is based on the agency's understanding that the
State is questioning the need or desirability for conducting
a sampling program, or even a preliminary screening of the
effected area. This is in addition to the cautionary advice
regarding cousultation with Agency counsel due to pending
litigation.
You have requested comments from the Governor regarding a
response to the EPA communication.
The Governor's position has not changed. The State of North
Carolina and the U.S. Environmental Protection Agency are
both parties defendant in litigation which is awaiting a
ruling by the court. Nothing should be done which might
adversely influence the disposition of that case. At the
September 19 meeting we agreed that the sampling program
might be conducted under joint state-federal sponsorship
at EPA's expense. We also agreed that, if the litigation
was not concluded in time for EPA to conduct the sampling
program from these special funds, the same activities .could
become a part of Phase I of the Superfund project. Ultimately
the contaminated soil, or a portion of it, will have to be
physically removed from the roadsides and transported to an
approved storage site. Only the litigation bars the immediate
implementation of that plan.
, tJ '~ •
. .,
MEMORANDUM
Page Two
November 5, 1981
The Governor is looking to Secretary Mitchell for over-all
coordination of this project, and the Division of Crime
Control and Public Safety has been designated as the lead
agency. Whatever we do must be cleared with that Department.
I suggest that you inform EPA that the litigation is still
pending and that the sampling program cannot be carried out
at this time.
cc: Dave Kelly
Assistant Secretary for Public Safety
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