NCD980602163_19830801_Warren County PCB Landfill_SERB C_United States and North Carolina v. Ward et al.-OCR

..
RUFUS L. EDMISTEN
ATTORNEY GENERAL
~htie of ~ortq Qiarolina
~epurtment of JJustice
P. 0 . BOX 629
RALEIGH
27602-0629
1 August 1983
MEMORANDUM
TO: Bill Phillips, O. W. St·-~and, Page Benton,
Bob Adams and Glenn D~cK~
FROM:
RE:
Tom MoffitJ:Jrx.._
United States and North Carolina v. Ward, et al.,
JE.D.N.C., No. 83-63-CIV-5)
Attached are copies of North Carolina's answers to Wards'
first set of interrogatories and first request for production
of documents. Please retain these copies for reference pur-
poses when you are scheduled for depositions.
Thank you for your cooperation and assistance in preparing
these responses. I'll keep you informed as we progress to
the next phase of the litigation.
/dw
enclosures
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION
Civil Action No. 83-63-CIV-5
UNITED STATES OF AMERICA,
and
STATE OF NORTH CAROLINA,
Plaintiff-Intervenor,
V
ROBERT EARL WARD, JR., and
WARD TRANSFORMER CO., INC.
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
PLAINTIFF-INTERVENOR'S
ANSWERS TO DEFENDANTS'
FIRST INTERROGATORIES TO
.THE STATE OF NORTH CAROLINA
Plaintiff-Intervenor, State of North Carolina, hereby responds
to Defendants' First Interrogatories to the State of North Carolina,
pursuant to Rule 33 of the Federal Rules of Civil Procedure and the
Local Rules of Court.
This the 1st day of August , 1983.
RUFUS L. EDMISTEN
Attorney General
ByJL
Thomas F. Moffitt
Assistant Attorney
P. o. Box 629
Raleigh, North Carolina 27602-0629
919/733-5725
-2-
1. Identify by full name, current job description, and
business address each person providing answers to these interro-
gatories.
1. a. Thomas F. Moffitt
Assistant Attorney General
N. c. Department of Justice
P.O. Box 629
Raleigh, North Carolina 27602-0629
b. William W. Phillips, Jr.
Assistant to the Secretary
N. C. Department of Crime Control &
Public Safety
P. O. Box 27687
Raleigh. North Carolina 27611-7687
c. L. Page Benton, Jr., Head
Enforcement and Emergency Response Branch
Division of Environmental Management
N. C. Department of Natural Resources
& Community Development
P. O. Box 27687
Raleigh, North Carolina 27611-7687
d. Richard T. Lasater
Environmental Engineering Technican
Division of Environmental Management
N. C. Department of Natural Resources
& Community Development
P. 0. Box 27687
Raleigh, North Carolina 27611-7687
e. Morris c. Adams, Manager
Maintenance & Equipment Branch
Division of Highways
N. c. Department of Transportation
P. o. Box 25201
Raleigh, North Carolina 27611
f. O. W. Strickland, Head
Solid & Hazardous Waste Management Branch
N. c. Department of Human Resources
P. o. Box 2091
Raleigh, North Carolina 27602
-3-
g. Dr. Martin P. Hines, Chief
Epidemiology Section
Division of Health Services
N. C. Department of Human Resources
P. 8. Box 2091
Raleigh, North Carolina 27602
h. Dr. J. N. Maccormack, Head
Communicable Disease Control Branch
Division of Health Services
N. c. Department of Human Resources
P. o. Box 2091
Raleigh, North Carolina 27602
i. Jack Reavis
Chief Accountant
N. c. Department of Crime Control
& Public Safety
P. o. Box 27687
Raleigh, North Carolina 27611-7687
j. Dr. John L. Neal, Supervisor
Occupational Health/Pesticide Laboratory Unit
Division of Health Services
N. c. Department of Human Resources
P. o. Box 28047
Raleigh, North Carolina 27611
k. E. B. Baskett, Assistant Controller
N. c. Department of Transportation
P.O. Box 25201
Raleigh, North Carolina 27611
1. James McColman, Assistant Director for Administration
Division of Environmental Management
N. c. Department of Natural Resources & Community
Development
P.O. Box 27687
Raleigh, North Carolina 27611-7687
m. Johnny Poplin, Budget Officer
Division of Health Services
N. c. Department of Human Resources
P.O. Box 28047
Raleigh, North Carolina 27611
n. Larry Bowlin, Director of Budget and Accounting
N. C. Department of Human Resources
P.O. Box 28047
Raleigh, North Carolina 27611
-4-
2 . (a} Identify by full name, current job description,
business address, and areas of specialization, each person whom
the State of North Carolina expects to call as an expert witness
at trial of this case. Pursuant to Federal Rules of Civil Pro-
cedure, Rule 26(e}(l}, defendnts request timely supplementation
of this response.
At this time, the State has made no decision oh-which if any
witnesses it intends to call as an expert witness at the trial
of this case. The State will supplement this response when such a decision is made.
(b) As to each individual identified above, state the
relevant educational degrees held by each; the institutions
attended by each where relevant study or training took place; the
practical and relevant experience of each including each employer,
years of service, and description of experience; and identify by
date, title, and publisher any relevant books, papers, or
articles by each on the topic of PCBs.
N/A
(c} State the subject matter, the facts, and the opinions
to which each is expected to testify.
N/A
-5-
3. (a) As to the allegations of paragraph 18, identify by
date, title, and general description, each test, study, report,
or analysis which the State contends supports the allegation that
the "PCB-laden oil contained concentrations in excess of 500
parts per million when released".
3. a. The State has in its possession laboratory test results
which support the allegations that the PCB-laden
transformer oil released at the roadside dump sites con-
tained concentrations in excess of ~00 parts per million.
The test results are voluminous and will be described by
categories as follows:
(1) Laboratory test results of soil and oil samples in
the possession of the State Bureau of Investigation:
#88109 -soil samples (Franklin, Warren, & Halifax
Counties)
#88110 -soil samples (Wilson & Edgecombe Counties)
#88111 -soil samples (Wake, Franklin & Nash Counties)
#88167 -soil samples (Johnston & Harnett Counties)
#88168 -soil samples (Harnett County)
#88169. -soil samples (Lee & Chatham Counties)
#88170 -soil samples (Chatham & Alamance Counties)
#88231 -soil samples (Ft. Bragg)
#88347 -soil samples (Halifax County)
#88175 -soil samples (Person & Granville Counties)
#88095 -soil samples (Nash County)
#88095A-oil samples from transformers, barrels &
tank truck at Ward Transformer Co., Inc.
(Wake County)
#88095B-oil samples from yellow truck (Wake County)
#88095C-soil sample (Halifax County)
#88095D-soil sample (Halifax County)
#88095E-oil samples from tank of Sears truck
(Wake County)
#88095E-oil samples from Sears truck (New York)
#88095G-oil samples from white tanker truck, from
drums (Alleghany, New York) and drums
(Youngsville, Pennsylvania)
The State objects and will refuse to furnish these
test results without a court order, pursuant to
G.S. §114-15 and Rules 26(b) (1) and 33(a) of the
Federal Rules of Civil Procedure.
(2) Laboratory test results of soil and oil samples in
the possession of the Department of Human Resources:
DHR personnel analyzed approximately 200 samples be-
f~re and after t~e PCB cleanup. These lab reports
will be made available to the defendants for inspec-
tion and photocopying. See, Response to Request for
Production of Documents #1.
' Form
14436
13375
23060
13370
12029
23238
09846
20293
-6-
(3) Laboratory test results of soil and oil samples
in the possession of the Department of Natural
Resources and Community Development:
No.
NRCD personnel collected and analyzed approximately
1,800 samples before, during, and after the PCB
cleanup. The lab reports will be made available
to the defendants for inspection and photocopying.
See, Response to Request for Production of Documents
#1. Sample collection sheets and lab analysis
sheets for contaminated grass samples and liquid
samples are identified as follows:
Date Collected Lab No. Count:r:
8/2/78 6702 Alamance
8/15/78 7180 Johnston
8/28/78 7938 Nash
8/15/78 7185 Granville
8/10/78 7010 Edgecombe
8/7/78 6759 Warren
8/14/78 7150 Chatham
8/7/78 6787 Hoke/Cumberland
(b) Identify by name, job description, and business
address the present custodian of each test, study, report, or
analysis identified in (a) above.
3. b. Custodian SBI lab samples and results:
Charles H. McDonald, Chemist
State Bureau of Investigation
P. o. Box 518
Swannanoa, North Carolina 28778
Custodian of DHR lab samples and results:
Dr. Joh~ Lawrence Neal, Supervisor
0 7c~p~tional Health/Pesticide Laboratory Unit
Division of Health Services
N. C. Department of Human Resources
P. o. Box 28047
Raleigh, North Carol.ilna 27611
-7-
Custodian of NRCD samples and results:
Richard T. Lasater
Environmental Engineering Technician
Division of Environmental Management
N. c. Department of Natural Resources
& Community Development
P. o. Box 27687
Raleigh, North Carolina 27611-7687
( c) Identify each witness known to plaintiff who has
personal knowledge of the facts which form the basis of such
allegation.
3. c. The persons io.entified in answer to Interrogatory 3 (b)
have personal knowledge of the facts which form the basis
of the State's allegation that the PCB-laden oil contained
concentrations in excess of 500 parts per million. In
addition, the numerous laboratory support personnel who
tested the PCB samples may have such knowledge. There
are also a number o·f federal chemists and laboratory
personnel who tested the PCB contaminated samples in
federal government laboratories. Inquiry should be
made to federal authorities to identify these individuals.
4. As to the expenditures alleged in paragraph 24 of the
Complaint, state:
(a) The total expenses or costs incurred by the state
prior to December 11, 1980. $448,577.00
-8-
(b} Identify the present custodian of the records
documenting the total expenditures made by the State whether made
from State or "Superfund" funds. Jack Reavis, Chief Accountant,
N. c. Department of Crime Control & Public Safety, is the custodian
and maintains the overall record of accounts for expenditures by the
State for the PCB roadside dump site cleanup. The Departments of
Transportation, Human Resources, and Natural Resources and Com-
munity Development also maintain more detailed records of their
expenses. The custodian for those State agencies are:
(1) E. B. Baskett
Assistant Controller
N. C. Department of Transportation
(2) Larry Bowlin
Director of Budget and Accounting
Department of Human Resources
(3) Johnny Poplin
Budget Officer
Division of Health Services
N. c. Department of Human Resources
(4) James McColman
Assistant Director for Administration
Division of Environmental Management
N. C. Department of Natural Resources
& Community Development
(5) Jack Reavis
Chief Accountant
N. C. Department of Crime Control
& Public Safety
-9-
( c) Describe the system by which the State has ac-
counted for the expenditure of funds related to the alleged PCB
dumping incident including (i) activity descriptions and codes,
(ii) location of work associated with expenditure, (iii) persons
performing work, (iv) date of expenditure, (v) expenses relative
to each activity, (vi) salaries related to each activity, (vii)
overhead related to each activity, (viii) the source, i.e. State
or "Superfund," of each expenditure, and (ix) any other informa-
tion maintained regarding each expenditure.
The expenditure of funds by the State related to the cleanup
of the PCB roadside dump sites is principally done by activity
descriptions and codes.
(i) Activity descriptions and codes for the various
State agencies involved in the cleanup are:
-Department of Crime Control & Public Safety:
Budget Code
Fund No.
14900 (CCPS-General Fund)
1545 (PCB Cooperative Agreement)
-Department of Natural Resources & Community Development
Budget Code
Fund No.
1320
1330
1330
1340
1340
1340
1340
Division of Environmental Management
RCC (Responsibde Cost Center)
3301
3201
3210
3201
3202
3208
3210
-Department of Human Resources (Health Services)
Budget Code
Fund No.
RCC
14430
1410 and 1830
8306
-Department of Human Resources (Community Relations)
Budget Code
Fund No.
RCC
14410
1020
2022
-10-
-Department of Transportation -accounted for by
job order numbers:
Prior to Cooperative Agreement
4.5291101
4.5292121
4.5301101
4.5302321
4.5311101
4.5321101
4.5322121
4.5341101
4.5342121
4.5361101
4.5362121
4.5371101
4.5381101
4.5401101
4.5401129
4.541110-1
4.5451101
4.5472121
4.5521101
4.5522121
4.5541101
After Cooperative Agreement
4.5291102
4.5292122
4.5301102
4.5302322
4.5311102
4.5321102
4.5322122
4.5341102
4.5342122
4.5361102
4.5362122
4.5371102
4.5381102
4.5401102
4.5411102
4.5412121
4.5412321
4.5412322
4.5412324
4.5451102
4.5472122
4.5521102
4.5522122
4.5541102
(ii) -(Vii) and (ix) This information is contained, if
at all in the voluminous business records maintained by
the various agencies specified in (c) (i). The State will
afford the defendants reasonable opportunity to examine
and inspect such business records and to make copies of
them, pursuant to Rule 33(c) of the Federal Rules of
Civil Procedure.
(viii) All funds expended by the State since entering
into the cooperative agreement with the federal govern-
ment on May 26, 1982 were federal "superfund" moneys.
Reference must be made to specific pre-cooperative agree-
ment expenditures to ascertain which source of State funds
was utilized. The State will afford the defendants
reasonable opportunity to examine such business records
and to make copies of them, pursuant to Rule 33(c) of
the Federal Rules of Civil Procedure.
-11-
(d) Identify by full name, current job description and
business address that person most familiar with the accounting
methods for the total cost of the State's response to the PCB
dumping incident. Jack Reavis, Chief Accountant, Department of
Crime Control and Public Safety, P. o. Box 27687, Raleigh, N.C. 27611
5. (a) Identify by date, title and general description
each report, study, or evaluation known to the State regarding
the various alternative responses to the alleged PCB dumping
incident and related cost estimates.
5. a. The State preparec an environmental impact statement an
and addendum to the EIS. Alternate responses to the PCB
roadside dump sites were analyzed in these two documents:
(1) "Removal and Disposal of Soils Contaminated With
PCBs Along Highway Shoulders in North Carolina:
Administrative Action, Final Environmental
Impact Statement, State of North Carolina,"
dated November 13, 1980.
(2) "Removal and Disposal of Soils Contaminated With
PCBs Along Highway Shoulders in North Carolina:
Administrative Action, Addendum to Final Environ-
mental Impact Statement, State of North Carolina,"
dated May 26, 1981.
(b) Identify by full name, current job description,
and present business address the custodian of each such document.
William W. Phillips, Jr.
Assistant to the Secretary
Dept. of Crime Control & Public Safety
P. o. Box 27687
Raleigh, North Carolina 27611
-12-
6. (a) Identify by date, title, and general description
each letter, application or request submitted to the EPA seeking
approval of the in-place treatment of the alleged PCB spill
sites.
6. a. "Petition for Admendment of a Rule Under TOSCA," dated
February 2, 1979. This is a petition for EPA requesting
an• amendment to 40 CFR 761.l0(b) to permit the EPA
Regional Administrator to approve alternative methods
of disposal of PCB contaminated soil and debris.
"Response to petition by EPA Administrator Douglas
M. Costle to Governor Hunt," dated June 4, 1979. This
is EPA's rejection of the proposed TOSCA rule amendment
which would have permitted in-place treatment of PCB
contaminated soil and debris.
(b) Identify by full name, current job description,
and business address the present custodian of each item requested
in (a) above.
William W. Phillips, Jr.
Assistant to the Secretary
Dept. of Crime Control & Public Safety
P. O. Box 27687
Raleigh, N. C. 27611
7. Identify by full name, employer, current job descrip-
tion and current address each individual who collected soil
samples from the vicinity of the alleged PCB spill sites which
were submitted to the EPA for analysis for PCBs,
(a) Before the removal of soil to the Warren County
Landfill.
7. a. The
PCB
the
(1)
( 2)
(3)
( 4)
following individuals collected soil samples from the
roadside dump sites for analysis before removal of
soil to the Warren County Landfill:
SBI Agent E. H. Cross
SBI Agent W. G. Bickel
SBI Chemist C.H. McDonald
Richard H. Ferneyhough, Env. Chemical Consultant,
NRCD, DEM, 512 N. Salisbury St., Raleigh, N. C. 27611
Landfill.
-13-
(5) Eugene Dexter Langley, Env. Eng. Tech. III,
NRCD, DEM, 612 N. Salisbury St., Raleigh, N.C.
(6) Charles W. Sanford, Jr., Env. Chemical Consultant,
NRCD, DEM, 512 N. Salisbury St., Raleigh, N.C.
(7) Parks M. Low, Env. Eng. Tech. I, NRCD, DEM, 512
N. Salisbury St., Raleigh, N. C.
(8) Clyde Ernie Fuller, Env. Eng. Tech. III, NRCD, DEM,
512 N. Salisbury St., Raleigh, N.C.
(9) Arthur Mouberry, Env. Eng. II, NRCD, DEM, 512 N.
Salisbury St., Raleigh,N. C.
(10) Bryant T. Foust, Env. Eng. Tech, III, NRCD, DEM,
512 N. Salisbury St., Raleigh7 • N.C.
(11) Richard T. Lasater, Env. Eng. Tech, III, NRCD, DEM,
512 N. Salisbury St., Raleigh, N.C.
(12) Kerr T. Stevens, Env. Eng. II, NRCD, DEM, 512 N.
Salisbury St., Raleigh, N.C.
(13) Michael Formy-Duval, Sanitarian, Columbus County
Health Dept., Whiteville, N.C.
(14) Judith G. Wood, Student/UNC, 501 N. Greensboro St.,
Apt. 31, Carrboro, N.C.
(15) Marion c. Goodwin, Retired, 1714 W. Grantham St.,
Goldsboro, N.C.
(b) After the removal of soil to the Warren County
The following individuals collected soil samples from the
PCB roadside dumpsites for analysis after removal of soil
to the Warren Count7 landfill:
(1) Arthur Mouberry, Env. Eng. II, NRCD,DEM, 512
N. Salisbury St., Raleigh, N. C.
(2) Kerr T. Stevens, Env. Eng. II, NRCD,DEM, 512
N. Salisbury St., Raleigh, N.C.
(3) Bryant T. Foust, Env. Eng. Tech, III, NRCD,DEM, 512
N. Salisbury St., Raleigh, N.C.
(4) Richard T. Lasater, Env. Eng. Tech, III, NRCD, DEM,
512 N. Salisbury St., Raleigh, N.C.
(5) Harold E. Mew, Jr., Env. Eng. III, NRCD, DEM, 512
N. Salisbury St., Raleigh, N.C.
(6) V. William Boughman, Machine Operator I, DOT, Div.
of Highways, Maintenance Unit, 1. s. Wilmington St.,
Raleigh, N.C.
(7) Phillip M. Barnes, Maintenance Crew Leader II, DOT,
Div. of Highways, Maintenance Unit, 1 S. Wilmington
St., Raleigh, N.C.
(8) James L. Massengill, Road Maintenance Supervisor,
DOT, Div. of Highways, Maintenance Unit, 1 s.
Wilmington St., Raleigh, N.C.
(9) James Hobgood, Road Maintenance Supervisor, DOT, Div.
of Highways, Maintenance Unit, 1 S. Wilmington St.,
Raleigh, N. C.
(10) Charles T. Denkins, Road Maintenance Supervisor, DOT,
Div. of Highways, Maintenance Unit, 1 s. Wilmington
St., Raleigh, N. C.
-14-
(11) Johnie M. Marion, Landscape Specialist III, DOT,
Div. of Highways, Maintenance Unit, 1 s. Wilmington
St., Raleigh, N.C.
(12) Judith G. Wood, Student/UNC, 501 N. Greensboro St.,
Apt. 31, Carrboro, N.C.
(13) Marion C. Goodwin, Retired, 1714 W. Grantham St.,
Goldsboro, N.C.
8. Identify by full name, employer, and current address
each individual who performed analyses for the"plaintiffs on soil
samples taken from the alleged spill sites for the determination
of the presence of PCBs,
(a) Before the removal of soil to the Warren County
Landfill.
8. a. The following individuals performed analysis on soil
samples taken from the PCB roadside dump sites for
determination of the presence of PCBs:
SBI Chemists:
(1) C.H. McDonald
Chemist
State Bureau of Investigation
Swannano~, N.C. 28778
(2) L.C. Ford
Chemist
State Bureau of Investigation
3320 Old Garner Road
Raleigh, N.C. 27626
DHR Personnel:
(1) John L. Neal
Supervisor, Occupationan Health/
Pesticide Laboratory Unit
Division of Health Services
N. C. Department of Human Resources
P. o. Box 28047
Raleigh, N. C. 27611
(2) Swit Upalawanna
Chemist I
Division of Health Services
N.C. Department of Human Resources
P.O. Box 28047
Raleigh, N. C. 27611
(3) Helen Lucille Green
Chemist I
Division of Health Services
N. c. Department of Human Resources
-15-
P. O. Bo::xi 28047
Raleigh, N. C. 27611
(4) Velma Levine Noble
Chemist I
Division of Health Services
N. C. Department of Human Resources
P. o. Box 28047
Raleigh, N. C. 27611
(5) Ann Lackey Gobble
Chemist I
Division of Health Services
N. C. Department of Human Resources
P. o. Box 28047
Raleigh, N. C. 27611
(6) William Pate
Chemist I
Epidemiology Section
Division of Health Services
N. c. Department of Human Resources
P. o. Box 28047
Raleigh, N. C.27611
NRCD Personnel:
(1) James W. Meyer
Division of Environmental Management
N.C. Department of Natural Resources &
Community Development
P.O. Box 27687
Raleigh, N. C. 27611
(2) James C. Faulcon
Division of Envi'ronmental Management
N. C. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(3) Elsie s. Gabriel
Division of Environmental Management
N. c. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(4) Bettye M. Martin
Division of Environmental Management
N. c. Department of Natural Resources &
Community Development
P. O. Box 27687
Raleigh, N. C. 27611
(5) Billy D. Byrd
Division of Environmental Management
-16-
N. c. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(6) Donald L. McCoy
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(7) Gon T. Chen
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(8) William B. Edwards
Division of Environmental Management
N. c. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(9) Ray E. Kelling
Division of Environmental Management
N. c. Department of Natural Resources &
Community Development
(10) Edwin c.·Hargrave
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(11) Sarah T. Bryant
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(12) Harold M. Williams
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development
(13) Roy W. Byrd
Division of Environmental Management
N. c. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
-17-
(14) Amos F. Biles
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development
P.O. Box 27687
Raleigh, N. C. 27611
(15) Patrick T. Connelly
Divison of Environmental Management
N. C. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(16) Sharon M. Johnson
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(17) Jessica D. Bailey
Division of Environmental Management
N. c. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(18) Karen E. Clevenger
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(19) Gary W. Francis
Division of Environmental Management
N. c. Department of Natural Resources &
Community Development
P.O. Box 27687
Raleigh, N. C. 27611
(20) John R. Butler
N. C. Department of Administration
116 W. Jones Street
Raleigh, N. C. 27611
(21) Frank c. Schnell
Current employer and address unknown
(22) Evenlyn M. Waddell
Current employer and address unknown
(23) Dorothy G. Overby
Current employer and address unknown
(24) William G. Bailey
Current employer and address unknown
Landfill.
8. b.
-18-
(25) Matthew W. Groff
Current employer and address unknown
(26) Princess Faye Swofford
Current employer and address unknown
(27) Jim F. Sneed
Current employer and address unknown
(28) Audrey W. Gilliland
Current employer and addres~ unknown
( 29} Zora E. Bunn
Current employer and address unknown
(30) William A. Hood
Current employer and address unknown
( 31} Edgar E. Folk
Current employer and address unknown
(32) Patricia A. Wylie
Current employer and address unknown
(b) After the removal of soil to the Warren County
The following individuals performed analysis on soil
samples taken from the PCB roadside dumpsites for
determination of the presence of PCBs:
DHR personnel: [See 8.a. DHR personnel (1) -(6)]
NRCD personnel:
(1) Sharon M. Johnson
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(2) Ray E. Kelling
Division of Environmental Management
N. c. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(3) Patrick T. Donnelly
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
-19-
(4) Karen E. Clevenger
Division of Environmental Management
N. c. Department of Natural Resources &
Community Development
P.O. Box 27687
Raleigh, N. C. 27611
(5) Edgar E. Folk
Current employer and address unknown
(6) Patricia A. Wylie
Current employer and address unknown
9. (a) Identify by title and general description each
form of document known to the State which records the sampling
and analysis of each soil sample taken from the alleged PCB dump
sites,
( i) Before the removal of soil to the Warren
County Landfill.
9. a. Documents and records regarding sampling and analysis
of soil samples taken from the PCB roadside dumpsites
(i) before the removal of soil to the Warren County
landfill:
SBI lab reports -See answer to Interrogatory
3 (a) (1)
DHR lab reports -DHR personnel analyzed approx-
imately 200 samples before, during, and after
the PCB cleanup. Dates of the cleanup varied
from location to location. Some samples are
not described as "before" or "after" since this
information was not relevant for purposes of
laboratory analysis.
NRCD lab reports -NRCD personnel collected
approximately 1,800 samples before, during, and
after the PCB cleanup. Approximately 1,600 of
samples were takne prior and during the removal
of the contaminated soil, and approximately 200
were collected afterwards.
The State will afford the defendants reasonable oppor-
tunity to examine and inspect these business records
and to make copies of them, pursuant to Rule 33(c) of
the Federal Rules of Civil Procedure.
-20-
(ii) After the removal of soil to the Warren
County Landfill.
(ii) after the removal of soil tc the Warren County
landfill:
SBI -none
DHR -See answer to 9.a. (i) DHR lab reports
above.
NRCD -approximately 200 samples. See answer
to 9.2.(i) NRCD lab reports above.
NRCD collected and analyzed soil samples to define
the end points of the contaminated strips of soil,
to assess the levels of PCB contamination at
erosional areas prior to removal of the contaminated
soil, and to measure and evaluate the success of the
removal operations. The results are compiled in a
report entitled, "Final Report, Activity 4 --Sampling."
dated December 20, 1982. A copy of this report is
being produced in accordance with defendants' request
for production of documents #5.
As to the remainder of the samples and lab reports,
the State will afford the defendants reasonable
opportunity to examine and inspect these business
records and to make copies of them, pursuant to
Rule 33(c) of the Federal Rules of Civil Procedure.
(b) Identify by full name, employer, job description
and business h h S Custody of the address of each person w o a
records identified in 9(a) above.
9. b. Custodian of the laboratory records:
(1) Charles H. McDonald, Chemist
State Bureau of Identification
P.O. Box 518
(2)
Swannanoa, North Carolina 28778
Dr. John Lawrence Neal, Supervisor
Occupational Health/Pesti cide Laboratory Unit
Division of Healt Services
N. c. Department of Human Resources
P. o. Box 28047
Raleigh, N. C. 27611
•
-21-
(3) Richard T. Lasater, Environmental Engineering
Technician
Enforcement & Emergency Response
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development
P. o. Box 27687
Raleigh, N. C. 27611
(4) Edwin c. Hargrave, Head
Laboratory Branch
Division of Environmental Management
N. C. Department of Natural Resources &
Community Development P.O. Box 27687
Raleigh, N. C. 27611-7687
10. (a) Does the State contend that the PCBs allegedly
present at the spill sites in question presented an imminent and
substantial danger to the public health or welfare or the environ-
ment? The State does not contend that the PCBs durrped at the PCB roadside
dunp sites presented an inrninent and substantial danger to the public health
or welfare or the environrrent after treabrent of the sites with a charcoal
solution and asphalt in August of 1978. Prior to the charcoal and asphalt
treabrent, the State did not perceive an inmediate threat to public health
or welfare or the envirorurent, but the State could not rule out that
possibility.
(b) If so, identify each witness by full name, employer,
job description and current address known to the State who has
personal knowledge of the facts which form the basis of this
allegation.
N/A
( c) Identify by title and general description of its
contents each study, report, letter, memorandum, or record what-
soever which was known to the State prior to removal of the soil
to the Warren County landfill pertaining to the alleged spill
sites which addresses the question whether the spill sites pre-
sented an imminent and substantial danger to the public health or
welfare or the environment. The question of risk of exposure to
PCBs of persons near the dump sites was addressed by a number of
national experts at a meeting held on August 28-29, 1978 at the
downtown Holiday Inn in Raleigh, North Carolina. No minutes of the
meeting were kept.
-22-
(d) As to each item identified in (c) above, identify
the author, date, each recipient, and the present custodian's
name, job description, and current business address. N/A
11. (a) Does the State contend that the.alleged release of
PCBs cause injury to, destruction of, or loss of natural resources?
No. However, swift action to contain and immobilize the PCBs
may have prevented such injury, destruction, or loss.
(b) If so, describe precisely the nature of such
contended injury, loss, or destruction.
N/A
( c) State the sum prayed for in the Complaint which
represents the amount of the claimed damages relating to such
contended injury to, destruction of, or loss of natural re-
sources.
None.
-23-
( d) Identify precisely the actual cost and expenses
incurred to date for which the State seeks a recovery from this
defendant in response to such contended natural resource damage.
N/A
..
(e) Identify by title and general description each
form of documents or records maintained by or for the State of
such costs or expenses referred to in (d) and the full name, job
description, and present business address of the custodian of
such records .
N/A
12. (a) Did the State have knowledge of the dumping,
spilling, or releasing of fluids containing PCBs onto roadways or
road shoulders in North Carolina or any other state which had
occurred prior to the releases alleged in this suit.
No.
(b) If so, state whether prior to the removal of soil
from the alleged spill sites the State was aware of any incident
wherein it was medically or scientifically established that such
PCBs caused or contributed to any injury, disease, or illness to
human or animal; or damage to the environment; and identify each
-24-
incident by date, location, and general description of the nature
of the release.
N/A
(c) Identify by title and general description any and
all documentation of any such incident referred to in (b) above
and the present custodian of such document by full name, employer,
current job description and business address.
N/A
-25-
13. With respect to the allegations of paragraph 16 of the
Complaint in Intervention, identify each person known to the
State who has personal knowledge of the facts which form the
basis of the allegations:
(a) That Ward and Ward Transformer ·Co., Inc. entered
into an agreement with Robert James Burns 'to release PCBs in
remote areas of North Carolina. Robert James Burns
(b) That Burns sought Ward's approval. Robert James Burns
(c) That Ward suggested at least one alternative
release site . Robert James Burns
-26-
14. With respect to paragraphs 28 and 29 of the Complaint
in Intervention,
{a) State the factual basis for the State's contention
based upon Section 107(a)(2) of CERCLA that Ward and Ward
Transformer Co., Inc. at the time of disposal "operated" a
"facility" and identify such contended "facility".
14. a. As aiders and abettors, accessories, or otherwise
acting in concert with Robert Burns {his sons,
and Transformer Sales Co.), Ward and Ward Trans-
former Co. assisted Burns in appropriating for his
(their) own use the roadside highway shoulders and
ditches in order to unlawfully dump PCB-laden
transformer oil. The appropriated roadside shoulders
and ditches were immediately used as respositories
for the PCB-laden transformer oil. As such, the road-
side shoulders and ditches were dump site "facilities"
which Burns {and Ward and Ward Transformer Co., Inc.)
"operated" by the dumping of the fluid. After doing
so, Burns (and Ward and Ward Transformer Co., Inc.)
immediately abandoned the roadside dump sites.
(b) Identify each person by name and current address
known to the State who has personal knowledge of the facts sup-
porting the State's contention based upon Section 107 (a) ( 2) of
CERCLA that Ward and Ward Transformer Co., Inc. "operated" a
"facility".
Robert Burns, Bladen County Prison Unit, Bladen County, N. C.
Timothy Burns, 1105 N. Business, Route 41, N. Ft. Myers, Fla. 33903
Randall Burns, 1105 N. Business, Route 41, N. Ft. Myers, Fla. 33903
{c) State the legal basis for the allegation that Ward
Transformer Co., Inc. and Ward "operated" the "facility".
Objection. This interrogatory requests disclosure of the mental
impressions, conclusions, opinions, and theories of the
State's attorney. These matters are not discoverable, pursuant
to Rule 26(b) (3) of the Federal Rules of Civil Procedure.
-27-
15. With respect to the allegations of paragraph 28 and 29
of the Complaint in Intervention,
(a) state the factual basis for the State's contention
based upon section 107(a)(3) of CERCLA that Ward and Ward
Trans former Co. , Inc. 11 arranged for the disposal II of PCB fuid at
the II facility". Robert J. Burns and Robert Ear 1. Ward, Jr. and
Ward Transformer Co., Inc. entered into a contract wherein Burns
agreed to remove and dispose of PCB-laden transformer oil from the
Ward Transformer Co., Inc. facility in Wake County for $1.70 a
gallon, plus freight costs.
(b) Identify each witness by name and current address
known to the State who has ·personal knowledge of the facts sup-
porting the State's contention that defendants "arranged" for the
disposal of PCBs at the roadside "facility".
Robert Earl Ward, Jr.
Robert J. Burns
( c) State the legal basis for the State's contention
that Ward and Ward Transformer Co., Inc. "arranged" for the
disposal of PCBs at the "facility".
Objection. This interrogatory requests disclosure of the mental
impressions, conclusions, opinions, and theories of the State's
attorney. These matters are not discoverable, pursuant to
Rule 26(b) (3) of the Federal Rules of Civil Procedure.
-28-
16. (a) Identify by date, title and general description
each report, study, memorandum, letter, or documentation not
previously identified and known to plaintiff regarding the
alleged PCB spill sites which evaluates in accordance with the
National Contingency Plan the need for remedial action.
The Environmental Protection Agency was the Feqeral Responsible
Agency pursuant to CERCLA. Therefore, information regarding
consistency with the National Contingency Plan analysis was
completed by EPA, rather than the State. In any event, the
State believes that all cleanup activity was consistent with
the NCP.
(b) Identify the present custodian of each document
identified in (a) above by full name, employer, current job
description and business address.
N/A
17. (a) State whether to the knowledge of the State soil
removed from the Fort Bragg Military Reservation has been
deposited in the Warren County landfill.
Yes.
-29-
(b) If so, state:
(i) the volume of soil so deposited;
8,242 cubic yards
(ii) the total volume of the landfill;
approximately 40,000 cubic yards
(iii) the persons, firm or corporation that
removed and transported the soil to the landfill and a cost
breakdown for such services; This is a matter within the knowledge of
the federal government, rather than the State. Upon information and
belief, Propst Construction Co., P. o. Box 688, Concord, N.C. 28025
removed and transported the soil for the U.S. Army to the Warren
County landfill.
(iv) the chemicals allegedly contaminating such
soil and the concentrations of each contaminant; and PCB-laden
transformer oil was the only contaminant in the soil known to the
State. The exact content and concentration in the soil removed
from Ft. Bragg and the cost breakdown are within the knowledge of
the federal government, rather than the State.
(v) the sum, if any, paid for the right to deposit
soil from Fort Bragg into the Warren County landfill, the person(s)
paying such sums, and the person(s) receiving such sums. The Army paid
to the State $128,716.17 to use the landfill and $30,169.48 for law
enforcement costs for a total cost of $158,885.65. The Army paid the
N.C. Dept. of Crime Control & Public Safety. Upon information and
belief, the Army paid $269,500.00 to Propst Construction Co. to
remove and transport the contaminated soil from Ft. Bragg to the
Warren County landfill.
-30-
( c) With respect to soil removed from Fort Bragg and
placed in the Warren County landfill, identify by name, current
job description and business address the present custodian of the
documents identified below:
(i) records of the volume of soil, the contaminants,
and concentrations of the contaminants;
William W. Phillips, Jr.
Assistant to the Secretary
Dept. of Crime Control & Public Safety
P. o. Box 27687
Raleigh, N. C. 27611
(ii) records of the bids submitted for the removal
and transportation of the soil; and These are matters within
the knowledge of the federal government, rather than the State.
(iii) records of the sums paid for the right to
deposit soil in the Warren County landfill.
Jack Reavis, Chief Accountant
Department of Crime Control & Public Safety
P. O. Box 27687
Raleigh, N. C. 27611
( d) State whether to the knowledge of the State any
wastes of any nature whatsoever have been deposited in the Warren
County landfill other than soils removed from Fort Bragg and the
alleged North Carolina roadside PCB spill sites. If so, (i)
identify those wastes, their volume, the known chemical con-
-31-
taminants and concentrations, and the source and (ii) any records
of such matters and their present custodian. No. To the knowledge
of the State, only soil contaminated with PCB-laden transformer
oil from the PCB roadside dump sites and from Ft. Bragg are
in the Warren County landfill.
18. (a) Identify by date, general desc:ription and title,
each document known to the State prior to the removal of soil
from the alleged PCB spill sites which evaluated the relative
costs of the removal and land-filling of the soil along North
Carolina roadways as compared with in-place treatment.
18. a. "Removal and Disposal of Soils Contaminated With
PCBs Along Highway Shoulders in North Carolina:
Administrative Action, Final Environmental Im-
pact Statement, State of North Carolina,"
signed by Burley B. Mitchell, Jr., dated November
13, 1980.
"Removal and Disposal of Soils Contaminated With
PCBs Along Highway Shoulders in North Carolina:
Administrative Action, Addendum to Final Environ-
mental Impact Statement, State of North Carolina,"
signed by Burley B. Mitchell, Jr., dated May 26, 1981.
(b) Identify the present custodian of each item
identified in (a) by full name, current job description and
business address. William W. Phillips, Jr.
Assistant to the Secretary
Dept. of Crime Control & Public Safety
P. o. Box 27687
Raleigh, N. C. 27611
19. (a) Identify by date, general description and title
those records which document the specific costs incurred to date
for each category of expense for the response to the alleged
release of PCBs along North Carolina roadways.
See answer to Interrogatory No. 4(bi (c), and (d) where
this information is set forth in detail.
l •
-32-
(b) As to each category of document, identify its
present custodian by full name, job description and business
address. See answer to Interrogatory No. 4 (b), (c), and (d) where
this information is set forth in detail.
20. (a) Identify by date, title and general description
each written agreement or understanding of any nature, or memo-
randum of oral agreement or understanding, between the United
States of America or the State of North Carolina or both, and
Robert J. Burns or Timothy Burns or Randall Burns regarding the
alleged PCB dumping incident and the civil or criminal litigation
arising out of such alleged PCB dumping.
20. a. The State's plea bargain agreement with Robert J.
Burns, Timothy Burns, and Randall Burns is set
forth in a letter to Mr. Joseph B. Cheshire V
(Burns' attorney of record) from Donald W. Stephens
(Assistant Attorney General, Special Prosecution
Section, N. C. Department of Justice, P. o. Box
629, Raleigh, . C. 27602), dated February 14,
1979. The federal plea bargain agreement is set
forth in a document entitled, "Memorandum of
Plea Bargain Agreement," dated and filed on
January 17, 1979, Case No. 78-56-CR-S, United
States District Court for the Eastern District
of No~th Carolina.
'
-33-
( b) As to each such document or record, identify its
present custodian by full name, current job description and
busines~ address. 'lhe original of the State's plea bargain agreenent is ap-
parently in the Burns' attorney's possession. A oopy of the State agreerrent is
in Mr. Stephen's files. 'Ihe original of the federal plea bargain agreerrent
is in the court file m:ntioned above.
( c) State the terms of · each non-written agreement or
understanding entered into between the USA or the State and
Robert J. Burns or Timothy Burns or Randall Burns regarding the
alleged PCB dumping incident and the civil or criminal litigation
arising out of such incident. The only agreements are those
set forth in written 4greements detailed in subsection (a) of this
answer to the interrogatory.
21. (a) state whether the State has in its possession any
statements or records of the contents of any statements made by
any past or present employees of Ward Transformer Co. , Inc.
regarding the alleged release of PCBs.
21. a. Objection. The State has in its possession two tape
recorded conversations between Robert J. Burns and
Robert E. Ward, Jr. regarding the PCB dumpings. Robert
E. Ward, III was also recorded on this tape. The
first tape was made by Robert E. Ward, Jr. on August
27, 1978. The second taped conversation (4 cassette
tapes) was of conversations between Robert E. Ward, Jr.
and Robert J. Burns on May 8 and 9, 1979, regarding
the PCB dumping. It is the State's understanding that
the defendants were provided copies of these tapes in
prior criminal discovery materials.
The State is unaware of any written statements being
taken from any employee(s) of Ward Transformer Co.,
Inc. However, SBI agents interview some employee(s)
of Ward Transformer Co., Inc. during the summer of
1978 shortly after discovery of the PCB roadside dump
sites. There is some mention of these interview(s)
in SBI criminal investigative reports. The State
asserts that the SBI agent recollections of the inter-
view(s) contained in investigative files are privileged
-34-
and not discoverable without a court order, pursuant
to_G.S. §114-1~. The State asserts its privilege,
obJects, and will decline to furnish the information
contained in Interrogatory #21 regarding these inter-
view(s) pursuant to G.S. §114-15 and Rules 26(b)
(1) and 33(a) of the Federal Rules of Civil Procedure.
(b) If so, identify those persons fF~m whom statements
were taken, the date thereof, and the present custodian of each
such record by full name, job description and business address.
The Director of the State Bureau of Investigation is the present
custodian of the two tapes and the agent investigative reports
referred to in subsection (a) of this interrogatory.
22. If Request for Admission No. 2 is denied in whole or in
part, (a) identify each study, or the nature and source of any
information, forming the basis of such denial and (b) identify
each person by full name, current address known to the State who
has personal knowledge of the facts forming the bsis for such
denial. N/A
.. -35-
23. If Request for Admission No. 3 is denied in whole or in
part, (a) identify each study, or the nature and source of any
information, forming the basis of such denial, and (b) identify
each person by full name and current address known to the State
who has personal knowledge of the facts forming the basis for
such denial. N/A
24. If Request for Admission No. 4 is denied in whole or in
part, (a) identify each study, or the nature and source of any
information, forming the basis of such denial and (b) identify
each person by full name and current address known to the State
who has personal knowledge of the facts forming the basis for
such denial.
24. a. The basis of the partial denial of Request for Admission
#3 is that the route of the vehicle used to dump the
PCB-laden transformer oil crossed several Class A-II
streams from which drinking water is obtained. Other
roadside dumpsites were in close proximity to surface water
supplies into which soil contaminated with PCBs could
have been washed into drinking water supplies prior
to the charcoal and asphalt treatment.
Spill sites cross or are adjacent to waters classified
as public drinking waters (Class A-II) at 9 locations
described as:
(1) Tributary to Rocky River 1.4 miles north of
Crutchfield Crossroads or SR 1004 in Chatham
County.
(2) Deep River adjacent to us 421 at Gulf in
Chatham County.
(3) Deep River at NC 42 at Chatham-Lee County line.
(4) Indian Creek at NC 42 in Chatham County.
(5) Toisnot Swamp at NC 58 in Wilson County.
.. ~
b.
-36-
(6) Tar River at NC 58 in Nash County.
( 7)
( 8)
( 9)
The
the
Saponey Creek at NC 58 in Nash County.
Little River at NC 97 in Wake County.
Fishing Creek at NC 561 in Halifax County.
personal knowledge of the following persons formed
basis for this partial denial.
Robert A. Carter
218 Ronaldsley Drive
Cary, N. C. 27511
K. T. Stevens
P. o. Box 27687
Raleigh, N. C. 27611
R. H. Ferneyhough
P. 0. Box 27687
Raleigh, N. C. 27611
Earnie Fuller
P. o. Box 27687
Raleigh, N. C. 27611
L. P. Benton, Jr.
P. o. Box 27687
Raleigh, N. C. 27611
25. If Request for Admission No. 5 is denied in whole of in
part, (a) identify each study, or the nature and source of any
information, forming the basis of such denial and (b} identify
each person by full name, current address known to the State who
has personal knowledge of the facts forming the basis for such
denial. N/A
26. If Request for Admission No. 6 is denied in whole or in
part, (a) identify each study, or the nature and source of any
information, forming the basis of such denial, and (b) identify
each person by full name and current address known to the State
who has personal knowledge of the facts forming the basis for
such denial. N/A
-37-
27. If Request for Admission No. 8 is denied in whole or in
part, (a) identify each study, or the nature and source of any
information, forming the basis of such denial and (b) identify
each person by full name and current address known to the State
who has personal knowledge of the facts forming the basis for
such denial. Admission No. 8 was denied in part because the State is
not able to say at this time whether health problems could arise in
the future related to the exposure of persons to PCBs at the PCB
roadside dumpsites. However, the State has no studies or information
documenting health problems related to such exposure.
28. If Request for Admission No. 10 is denied in whole or
in part, (a) identify each study, or the nature and source of any
information, forming the basis of such denial and (b) identify
each person by full name and current address known to the State
who has personal knowledge of the facts forming the basis for
such denial.
28. (a) (1) Shimada, Tsutomu and Masahero Ugawa: "Induction of
Liver Microsomal Drug Metabolish by Po1ychlorinated By-
phenyls Whose Gasc1romatographic Profile Having Much In
Common With That I':1 Human Milk," Bulletin of Environmental
Contamination and ~oxicology, 19:198-205 (1978).
(2) Shimada, Tsutomu and Ryo Sato: "Covalent Binding of
Polychlorinated 'Biphenyls to Rat Liver Microsomes in Vitro:
Nature and Peactive Metabolites and Target Macromolecules."
Toxicology and Applied Pharmacology, 55:490-500 (1980)
...
(b) Dr. Martin P. Hines and Dr. J. N. McCormack (See
Response #1 (h) and (i) for full name and current ad-
dress.
It should also be noted that the State has previously
furnished to the defendants a list of 122 PCB reference
-38-
documents in answer to interrogatories and request
for production of documents in an action styled,
"State of North Carolina, et al v. Robert E. Ward,
Jr., et al," 81 CVS 4229 (Wake County). A copy
of this list will also be furnished in response
to defendant's request for production of docu-
ments #21 as Exhibit #2l(c).
29. If Request for Admission No. 11 is denied in whole or
in part, (a) identify each study, or the nature· and source of any
information, forming the basis of such denial, and (b) identify
each person by full name and current address known to the State
who has personal knowledge of the facts forming the basis for
such denial.
29. a. The nature of the information forming the basis of the
denial, in part, of Request for Admissions are (1)
samples of grass and debris collected near several PCB
roadside dumpsites prior to the charcoal and asphalt
treatment and (2) a study conducted by the N.C.
Wildlife Resources Commission on doves collected in
areas near the PCB roadside dumpsites:
(1) Samples of grass and surface debris were collected
at 7 sites prior to surface treatment with carbon
and asphalt. Analysis and other information is
contained on the following data charts:
Form No. Date Collected Lab No. County
14436
13375
23060
13370
12029
23238
09846
8/2/78 6702 Alamance
8/15/78 7180 Johnston
8/28/78 7938 Nash
8/15/78 7185 Granville
8/10/78 7010 Edgecombe
8/7/78 6758 Warren
8/14/78 7150 Chatham
(2) Letter to Carl Betsill, Wildlife Biologist trans-
mitting analytical data for doves and rabbits
collected in North Carolina Wildlife Resources
Commission and analyzed by U.S. Department of
Interior, Fish and Wildlife Service, Patuxent
Wildlife Reserach Center. (Analytical Report
PR 1581 prepared by Patuxent Wildlife Research
Center, Laurel, Maryland.)
I .
-39-
b. Persons having personal knowledge of the facts forming
the basis of denial, in part, of Request for Admission
No. 11 are:
(1) Clyde E. Fuller
P. O. Box 27687
Raleigh, N. C. 27611
(2) Steve Tedder
P.O. Box 27687
Raleigh, N. C. 27611
(3) Parks M. Low
P. o. Box 27687
Raleigh, N. C. 27611
(4) R.H. Ferneyhough
P. o. Box 27687
Raleigh, N. C. 27611
(5) Charles w. Sanford, Jr.
P. o. Box 27687
Raleigh, N. C. 27611
(6) Ray Kelling
P. O. Box 27687
Raleigh, N. C. 27611
(7) Robert A. Carter
218 Ronaldsley Drive
Cary, N. C. 27511
(8) Carl Betsill
Route 3, Box 498
Elm City, N.C.
-40-
30. If Request for Admission No. 19 is denied in whole or
in part, (a) identify each study, or the nature and source of any
information, forming the basis of such denial and (b) identify
each person by full name and current address .known to the State
who has personal knowledge of the facts forming the basis for
such denial.
N/A
31. If Request for Admission No. 20 is denied in whole of
in part, (a) identify each study, or the nature and source of any
information, forming the basis of such denial and (b) identify
each person by full name and current address known to the State
who has personal knowledge of the facts forming the basis for
such denial.
N/A
' -41-
32. If Request for Admission No. 21 is denied in whole or
1n part, (a) identify each study, or the nature and source of any
information, forming the basis of such denial, and (b) identify
each person by full name and current address known to the State
who has personal knowledge of the facts forming the basis for
such denial.
N/A
-42-
OBJECTIONS TO INTERROGATORIES TO
DEFENDANTS' FIRST INTERROGATORIES
TO THE STATE OF NORTH CAROLINA
Plaintiff-Intervenor, State of North Carolina, pursuant to
Local Rule 24.03, incorporates by reference its objections to
the following interrogatories:
(1) Interrogatory No. 3 (a) (1)
(2) Interrogatory No. 14 (c)
( 3) Interrogatory No. 15(c)
( 4) Interrogatory No. 21
The basis for objections to the interrogatories was more fully
set forth in Plaintiff-Intervenor's Objections to Defendants' First
Interrogatories and First Request for Production of Documents,
which was served on the defendants by mail on July 6, 1983, which
the State also incorporates by reference.
This the _I~ day of J~ 1983.
RUFUS L. EDMISTEN
Attorney General
ByTb~
Assistant Attorney General
P. O. Box 629
Raleigh, North Carolina 27602-0629
919/733-5725
-43-
STATE OF NORTH CAROLINA
COUNTY OF WAKE
VERIFICATION
The undersigned THOMAS F. MOFFITT, pursuant to Local Rule
24.03, being first duly sworn deposes and says that he is res-
ponding in his capacity as attorney of record for the State of
North Carolina in this action, verifies that each response
separately and fully answers each interrogatory, except those to
which obiections are made, based upon information and belief
that each response is true.
This the Jf!'aay of (},4-----• 1983.
Sworn and subscribed to before me
this the ~day of ~~• , 1983.
----~St·l<l~
My C0i11mission Expires: 3/5/88
(SE~L}
'<'1L~ Thomas F. Moffit
-44-
s~rATE OF NORTH CAROLINA
COUNTY OF WAKE
VERIFICATION
The undersigned, William W. Phillips, Jr.
pursuant to Local Rule 24.03, being first duly sworn deposes and
says that he is responding in his capacity as Assistant to the
Secretary, N.C. Dept. of Crime Control & Pubric Safety
and verifies that each response given by him, which was utilized
to answer the following interrogatories: -------------l(b), 5, 6, 17, 18, and
25 _______________________________ , are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
Sworn and subscribed to before me
this the ,i/~day of ~• 1983.
~~ ~ .w.;,...._~__;;:_ __
N~ublic
My Cormnission Expires: ,31 S~iV
(SEAL)
-45-
STATE OF NORTH CAROLINA
COUNTY OF WAKE
VERIFICATION
The undersigned, Jack Reavis ----------------------'
pursuant to Local Rule 24.03, being first duly .sworn deposes and
says that he is responding in his capacity as Chief Accountant
N. C. Department of Crime Control & Publio -Safety
and verifies that each response given by him, which was utilized
to answer the following interrogatories: -------------1 ( i ) , 4 , 1 7 , and 19
________________________________ , are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
~avis
Sworn and subscribed to before me
this the ~gt&day of ~~ , 1983.
~ W~~~--Nota~Public
My Commission Expires: ~\ ~\ gg
(SF.i'\L)
•
STATE OF NORTH CAROLINA
COUNTY OF WAKE
-46-
VERIFICATION
The undersigned, James McColman
pursuant to Local Rule 24.03, being first duly sworn deposes and
says that he is responding in his capacity as Assistant Director
~or Administration, Division of EnvironmentaY 'Management, N.C.
Dept. of Natural Resources and Community Development
and verifies that each response given by him, which was utilized
to answer the following interrogatories: 1 (1), 4 (b},(c}
________________________________ , are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
Sworn and subscribed to befor
this the ~ '7 day of\)l!04 , 1983. v~-...,a---
-~ .o,g,: .. ., -ff\. m~
Notary Public 8-'
My Commission Expires: \O-<e-11
(SEAL)
-47-
STATE OF NORTH CAROLINA
COUNTY OF WAKE
VERIFICATION
The undersigned, _____ L_. _P_a_g_e_B_e_n_t_o_n_, _J_r_. ________ ,
pursuant to Local Rule 24.03, being first duly sworn deposes and
says that he is responding in his capacity as Head
Enforcement and Emergency Response Branch, Di~ision of Environmental
Management, N.C. Dept. of Natural Resources & Community Development
and verifies that each response given by him, which was utilized
to answer the following interrogatories: --------------l(c), 3, 7, 8, 9, 10,
11, 16, 24, 27, 29, and 31
----------------------------------' are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
Sworn and subscribed to before me
this the ~day of ~, 1983.
Notar Public
My Comr.iission Expires: 3 / 5 /K f
( SEAL)
-48-
STATE OF NORTH CAROLINA
COUNTY OF WAKE
VERIFICATION
The undersigned, Richard T.Lasater ----------------------'
pursuant to Local Rule 24.03, being first duly sworn deposes and
says that he is responding in his capacity as Environmental
Engineering Technician, Division of Environmental Management, N.C.
Dept. of Natural Resources and Community Development
and verifies that each response given by him, which was utilized
to answer the following interrogatories: -------------l(d), 3, 7, 8, 9, 10,
_1_1_, _1 _6_, _2_4_, _2_7 _, _2_9_,_a_n_d _3_1 __________________ , are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
Sworn and subscribed to before me
this the ~ day of ~'
~~-Wo:tfuJ NotaryPublic
My Commission Expires: 3 l 5\ 29
(SEAL)
1983.
Richard T. Lasater
STATE OF NORTH CAROLINA
COUNTY OF WAKE
-49-
VERIFICATION
The undersigned, E. B. Baskett ----------------------'
pursuant to Local Rule 24.03, being first duly sworn deposes and
says that he is responding in his capacity as
Controller
Assistant
and verifies that each response given by him, which was utilized
to answer the following interrogatories: l(k), 4(b), (c)
________________________________ , are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
Sworn and subscribed to before me
~ ul-1/ this the J_ 7 day of y-y--' 1983.
STATE OF NORTH CAROLINA
COUNTY OF WAKE
The undersigned,
-50-
VERIFICATION
Morris C. Adams
pursuant to Local Rule 24.03, being first duly sworn deposes and
says that he is responding in his capacity as Manager, ----==-----'------
Maintenance & Equipment Branch, N. C. Department of Transportation
and verifies that each response given by him, which was utilized
to answer the following interrogatories: l(e), 12, 26, and 32
________________________________ , are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
Sworn and subscribed to before me
this the ~4~day ofC}¾ , 1983.
~~Woli..a Notary P lie
My Commission Expires: 3} S"\ ~
(SEAL)
Morris c. Adams
STATE OF NORTH CAROLINA
COUNTY OF WAKE
The undersigned,
-51-
VERIFICATION
pursuant to Local Rule 24.03, being first duly sworn deposes and
says that he is responding in his capacity as
and verifies that each response given by him, which was utilized
to answer the following interrogatories:~
_______________________________ , are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
Sworn and subscribed to before me
this the ~ day of r,r.Jj , , 1983. ;
-r Notary Public
.r\ 41 ·it, Cl,,,.-, My Commission Expires: L ,e1¼ ,,.(, / 70 /
(/ . /
(SEAL)
STATE OF NO RTH CAROLINA
COUNTY OF WAKE
The undersigned,
-52-
VERIFICATION
pursuant to Local Rule 24.03, being first duly sworn deposes and
says that he is responding in his capacity as c~mEL,
-.i-:-/!/;,~-'"'£7 ::-f.'/2~~ ~ {;~ v 1T;//G--: ,5EL.-7 /~~I
and verifies that each response given by him, which was utilized
to answer the following interrogatories: __ ·j~··_(_h~)~/-(_c_) ______ _
________________________________ , are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
Sworn and subscribed to before me
this the ~g day of~, 1983.
~ ~ta~tf·ft~-~-i~c------
My Commission Expires: 1-.)..</-J 7
{ SEAL)
STATE OF NORTH CAROLINA
COUNTY OF WAKE
-53-
VERIFICATION
Johnny G. Poplin The undersigned, ----------------------'
pursuant to Local Rule 24.03, being first duly sworn deposes and
says that he is responding in his capacity as
Budget Officer-Division of Health Services
and verifies that each response given by him, which was utilized
to answer the following interrogatories: --------------4(a) 4(b)
---------------------------------' are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
Sworn and subscribed to before me
this the~y o~, 1983.
(.
Y/!!11.--._/.--;i ~ ra .. -J Notary P ic
My Commission Expires: ,,2,.,,, J. J>y
( SEAL)
,.
STATE OF NORTH CAROLINA
COUNTY OF WAKE
The undersigned,
-54-
VERIFICATION
pursuant to Local Rule 24.03, being first duly sworn deposes and
says that he is responding in his capacity as Ct\,-~F £P112Ertrci1.,,•C-.'f I
S' e e_ T ( ~ N O i 1/ / s ; ~. "' ~ F H e A L.. T ti ..S' r:f ~ V' <" i (
I
and verifies that each response given by him, which was utilized
to answer the following interrogatories: ___ ,_/_0_,_z_z_,_z_J_,_2_7_,
2-_B__,)~z__q-➔t---"3"-'o"'--___________________ , are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
Sworn and subscribed to before me
this the .;;,,-'1 'J7"laay of ~« , 1983.
~
~~ --J✓. >('~ f iZ--..J
Noiary B lie -
My Commission Expires: :). .,,, 2( •· JI 1/
~ >
( SEAL)
-55-
STATE OF NORTH CAROLINA
COUNTY OF WAKE
VERIFICATION
The undersigned,
pursuant to Local Rule being first duly sworn deposes and
says that he is responding in his capacity as
Av, o_ / 'i -/ ,,-"-/ C l, {' n1 , 'S + JI:.. 1 La. 6 ,, r<t.. f--,_, ✓ 1 S" e. c f-"--, ) D H 5
and verifies that each response given by him, which was utilized
to answer the following interrogatories:
________________________________ , are
true based upon his knowledge, information and belief, except
to those interrogatories to which objections have been lodged by
counsel.
Sworn and subscribed to before me
this the ,::;)1 day of~• 1983,
/J ~ '.._/ ;' / /' ~ . ;J t7,. / I} \'.'.._, '-..., . -~
v' 7 Notayubiic
/ . . . rl _ 2,,<J -C ;"") My Commission Expires: I , ~ ; ------~-
{SEAL)
7
i1A'c.../11.-C"i_ fi-(_
T,
•
-56-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the
foregoing PLAINTIFF-INTERVENOR'S ANSWER TO DEFENDANTS' FIRST
INTERROGATORIES TO THE STATE OF NORTH CAROLINA
on all parties listed below by depositing a copy in the United
States Mail, postage prepaid, addressed to each as follows:
Jerry s. Alvis/Walter E. Brock, Jr.
Young, Moore, Henderson & Alvis
P. O. Box 31627
Raleigh, North Carolina 27622
Jeremy Akers, Attorney
Environmental Protection Section
U.S. Department of Justice
Room 1509
9th Street, NW & Pennsylvania Avenue, NW
Washington, D.C. 20530
James Perry
Assistant U.S. Attorney
Federal Building
New Bern Avenue
Raleigh, North Carolina 27611
Anne L. Asbel
Enforcement Attorney
U.S. Environmental Protection Agency
Room 217
345 Courtland Street, NE
Atlanta, Georgia 30308
John H. Wheeler, Attorney
Office of Enforcement Counsel
U.S. Environmental Protection Agency
LE-134S
401 "M" Street, sw ·
Washington, D.C. 20460
This the jst day of ,4-~ , 1983.
RUFUS L. EDMISTEN
Attorney General
ByTh~itt
Assistant Attorney eneral
P. O. Box 629
Raleigh, North Carolina 27602-0629
919/733-5725