NCD980602163_19820729_Warren County PCB Landfill_SERB C_Letter from Attorney Mark E. Fogel to Bill Myer-OCR

•
July 29, 19.82
Mr. Rill Myer
~(3. ffoP
~~~
<{?aµai<{?U f!.i~
16 ~ed ~ .96<ed
f/ ui/e, I I 00
~ JV~<{?~2760f
Solid and Hazardous Waste Management Branch
Environmental Health Section
Division of Health Services
Department of Human Resources
State of North Carolina
P.O. Box 2091
Raleigh, NC 27602
Dear Bill:
OFFICE TELEPHONE
919/ 833-8852
The purpose of this letter is to confirm the conversation you and I had some
weeks back. I write this letter in lieu of the confirming letter you had
agreed to send me.
As you recall, the question I raised to you was whether or not under the
State of North. Carolina's Hazardous Waste Management Program your office would
approve the disposal of Fullers earth contaminated to a level of 25 parts per
million or less PCBs in one of Wake County's community landfills. It is my
recollection of our conversation that you indicated that it is the policy
of your department that no PCB. contaminated material, of whatever concentration,
would be approved to be placed in a community landfill. I mus.t assume, unless
I hear from you otherwise, that my recollection on your position is correct.
As you may recall, I indicated to you that your department's position on this
matter--which is more stringent than the federal position under TSCA--is
inconsistent with the State's uniform environmental policy of having criteria
and standards no more s.tringent than the federal government's . I also herei n
urge you to reconsider this position in light of the publicly acknowledged
situation in which a good percentage of North Carolina industry, as well as
some agencies of State Government, have need to dispose of very low level PCB
wastes. To force all of us to ship these to a secure landfill in Alabama,
Arkansas, or South Carolina simply puts all of us to great expense without
any compensating benefit to the environment or public health. The
Environmental Protection Agency of the United States has taken the position
that PCBs under SQ parts per million do not require special handling treatment
or disposal.
Mr. Bill Myer
Page 2
July 29, 1982
Bill, I wish you would respond to this letter so that my clients .ma¥ make
intelligent decisions about the nature and extent of industrial activity and
expansion in this State.
Sincerely,
/"IJ ~ I<. ~ 4,./
Mark E. Fogel
MEF/hmn