NCD980602163_19970520_Warren County PCB Landfill_SERB C_PCB Working Group correspondence, 1997-OCR

CO-CHAIRS:
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JOINT WARREN COUNTY/STATE PCB LANDFILL
WORKING GROUP
DOLL/£ BURWELL
HENRY LANCASTER
May 20, 1997
William L. Meyer, Director
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, N. C. 27605
Dear Mr. Meyer:
At the last meeting of the Joint Warren County/State PCB Landfill Working Group there was a
long discussion about linking detoxification to compliance. The Working Group wants to know if
you followed up on that or if you have been in communication with EPA regarding the same.
Please let me hear from you as soon as possible.
Thank You,
(\~no {3,6llfUJ,~ ~~ l)\(~
Dollie B. Burwell
720 RIDGEWAY STREET, WARRENTON, N. C. 27589
OFFICE [phone] -FAX [phone]
; '''nJ r.-·;;c:r '
-. .~PR 1 T ,·.:;
~ MEETING ANNOUNCEMENT ''':';' .·
The Joint Warren County/State PCB
Landfill Working Group will meet
Tl1ursday, May 8, 1997*
at 6:30 p.m.
at the Warren County Office.
*Please note the date and time change.
Joint Warren County/State PCB Landfill Working Group
draft March 13, 1997 Meeting Minutes
The regular meeting of the Joint Warren County/State PCB Landfill Working Group was called to
order at 5:25 P.M. Thursday, March 13, 1997. The meeting was held at the office of the Working
Group and was called to order by co-chair Dollie Burwell.
APPROVAL OF MINUTES
There was discussion about the January 21, 1997 meeting minutes and the recommendation made to
Secretary Howes (Secretary). After which, Jim Warren motioned to table the approval of the minutes
until the next meeting. The motion was seconded and carried.
UNFINISHED BUSINESS
Executive Committee
A memo from the co-chairs was distributed ( See appendix). The Working Group was advised that
the Secretary will be proposing a strategy for obtaining federal funds, which he will share with the
Working Group and that he has a reappointment plan that will be shared with the Working Group as
well.
Next, was the issue of choosing a chair or co-chairs. A frank discussion followed. Members voiced
concern about when the chair(s) would be formalized, whether there is to be one chair of two co-
chairs, and the racial makeup of the chairs. The Working Group was advised that this committee is
still operating with the same authority it was originally given and that it has a full executive
committee. It was added to insinuate that because two black people are co-chairing this committee,
that this community and the interests of the Working Group are not represented is insulting. After
additional discussion, it was moved to table this discussion. The motion was seconded and carried.
Report from the Technical Committee
The Technical Committee gave no report.
Report from the Science Advisors
Patrick Barnes reported on the drilling and liner work. He advised that seventeen wells have been
installed and that nineteen sediment samples and seven surface water samples have been collected.
He informed the Working Group that due to poor development of the well that the well samples were
not collected. Mike Kelly advised Mr. Barnes that the contractors would be back out Monday
(March 17) for further development of the wells. Mr. Barnes advised that several checks will be put
in place to make sure the contractor follows through with their work activities.
Next, Mr. Barnes discussed the liner work. He advised that there were two excavations, one on the
north side and one on the south side of the landfill. When the clay was cleaned off, it revealed
significant wear and tear on the top liner. There were a lot of pinholes, roots were growing through
the seams and at least one part of the liner appeared to have no glue on it.
draft March 13, 1997 Meeting Minutes
Page 2
Another important issue was the disposal of the waste material. When the soil was removed for
testing there was more than was needed, it was drummed and removed from the ~te. This goes
against the wishes of the Working Group.
Mr. Barnes also informed the Working Group of a telephone conference he had with Joel Hirschhorn
and Craig Brown of EPA. He mentioned the issue of compliance and advised that some things found
out during the investigation clearly points to the State being in noncompliance. This may conflict
with speedy detoxification. He added that the hope is to link detoxification to the compliance issue.
Lastly, Mr. Barnes informed the Working Group that the EPA representative present during some
sampling was concerned with the possibility of mislabeling. Mr. Hirschhorn said that it should not be
left out that the Mike Kelly and the State are uncomfortable with the labeling. Mr. Meyer responded
that the State is not uncomfortable with the process, but is concerned with the potential for error and
asked that they be careful. Mr. Warren asked if the State approved the process of labeling. Mr.
Meyer said that two people, Patrick and Joel, should be aware of what the issues are so that if
something happens to one there is another mechanism to validate what the sampling process is . The
way it was described, only Patrick would know, said Mr. Meyer. Mr. Barnes advised that Joel has
been informed of the labeling process and for a few samples, EPA was given the codes.
There was much discussion about whether to pay the contractor for the redevelopment of the wells.
Mr. Meyer was advised to mention that the State was unhappy with the work done and to ask the
contractor if they wanted to work for the State again. Ms. Ferruccio reminded Mr. Meyer that this
contractor is the one that was not recommended by the Working Group because of their lack of
experience at landfills. The Working Group reluctantly agreed to repay the contractor if necessary.
Mr. Meyer assured the Working Group that at least a State person will be there during the
redevelopment of the wells, and that person would be a professional geologist.
Mr. Hirschhorn advised the Working Group that the devices used for the air monitoring this week
were far superior to the ones used previously. He added if these devices had been used when the
landfill was opened, much more reliable, effective sampling would have been done. Next he advised
that the proposals from the technology companies are due Wednesday (March 19) and it looks like
we will only get two proposals, one from a BCD company and one from EcoLogic. Additionally,
was the compliance issue. Mr. Hirschhorn advised that EPA Region 4 has officially reached the
conclusion that the State is in noncompliance. There are three areas of noncompliance. EPA has
recognized two, the non functioning leachate collection system and excessive amounts of free water
in the landfill. The third area, which there is now evidence to support, is that the top liner lacks
physical integrity. EPA will now have to take official, legal action against the State. There are two
possibilities for handling the noncompliance; Craig Brown could say fix or repair the problems or the
landfill could be detoxified.
Mr. Hirschhorn strongly recommended that the Working Group adopt the position that it wants a
voluntary compliance agreement between the State and the U. S. EPA. In the agreement the State
would commit to detoxifying the landfill within three years. This agreement would legally require the
State to detoxify the landfill according to a certain schedule. He suggested that the first step would
take place after the current project is finished. The first step of the compliance agreement would lead
draft March 13, 1997 Meeting Minutes
Page 3
to full scale on-site demonstration of the chosen technology and a full design of the remedy. The
second step would be the detoxification of the landfill. Mr. Hirschhorn said this would take
detoxification out of the realm of promises and put it into a framework for the State to address with
the Federal Government. If the Working Group does not advocate this strategy, the down side of
acting inappropriately would be to have EPA say to the State, fix the landfill. EPA would then certify
the landfill as fully compliant and acceptable. If this happens, getting detoxification will be almost
unthinkable.
Mr. Meyer said the General Assembly would have to appropriate the money before the State can
enter a binding agreement, the State constitution requires that. We can commit to detoxification and
include, if funds become available, said Mr. Meyer. He advised that the money could be phased in.
If you can give the General Assembly the total cost of the project, they can appropriate a certain
amount of money, by line item budget, per year to pay for the detoxification, said Mr. Meyer.
Mr. Hirschhorn advised that when EPA finds noncompliance, it must act and it will seek compliance.
The State will address noncompliance because EPA will force it to. Mr. Meyer replied if the State
is faced with an enforcement action, it will involve attorneys and the General Assembly. These parties
will look at compliance strictly from a legal standpoint. He added, if EPA takes a formal enforcement
action, the State will respond with a formal response according to the law.
Nan Freeland added that the agreement with EPA can include when funds become available. This
can be handled the same way EPA handled the drinking water situation in North Carolina. In that
case they allowed the State time to get the funds from the legislature to remedy the situation.
After additional discussion the Working Group agreed to accept the recommendation made by Mr.
Hirschhorn. A letter will be sent to John Hankinson, EPA Region 4 administrator, to inform him that
the Working Group wishes for the State and the Federal Government to enter a voluntary compliance
agreement. This agreement will seek detoxification within three years, dependent upon funds being
appropriated by the State General Assembly. A copy of this letter will be sent to Senator Ballance
and to Representative Clayton.
Division of Waste Management
Mr. Meyer advised that an additional $5,000.00 of testing of the soil in the landfill has been approved.
He asked for agreement from the Working Group for the $5,000.00 to come from the $1,000,000.00.
Upon the recommendation of the Science Advisors, the Working Group agreed.
Next, Mr. Meyer advised that the PCB will not go to Amil, Alabama (Amil). He asked for a letter
from the Working Group advising that it does not wish for the PCB to go to Amil. He suggested that
the PCB could be sent to Utah, where it would not be an environmental justice issue. Mr. Meyer did
advise to send it to Utah would cost 50% more. After additional discussion, the Working Group
agreed to send the PCB to Utah and Mr. Meyer is to send a memo to the Working Group pursuant
to this agreement.
Concluding, Mr. Meyer advised that a $12,000.00 weather station will be installed at the landfill.
This will be paid for from hazardous waste's commercial facility program. The weather station will
draft March 13, 1997 Meeting Minutes
Page4
allow for the measuring of wind direction, which will be needed for further air quality monitoring.
This weather station will have' a barometer for ambient air and a barometer inside the landfill. There
will be two water level detection processes, one in a well in the landfill and one -in the leachate
collection system. These devices will be linked to a computer that will be down loaded at least one
a month so there will be constant temperature, barometric pressure and water levels.
NEW BUSINESS
A press conference was suggested to inform the public of the condition of the liner and that the
landfill is full of water. After additional discussion, it was agreed that the public needs to be
informed, but that a press conference would not be the best way to handle it. Mr. Hirschhorn added
that months from now, there will be reports propelling us toward detoxification. He said, this is what
you want the world to understand, that we have embarked on the best approach, detoxification. Mr.
Barnes added that there is already a lot of strength in terms of the political side for this process and
too much of the wrong thing can upset the political momentum that already seems to be in place;
which is the momentum that got the first million dollars, the high profile nature of this project with
Eva Clayton and it's high on the Governor's list. He wants to keep his promise. I think we should
take advantage of these things as much as you can.
Ms. Ferruccio then suggested that the Warren Record be asked to print a short report after every
meeting, as a way to inform the public. Discussion followed, however no action was taken.
OTHER BUSINESS
Mr. Hirschhorn reminded that Working Group that the proposals are due back, next week, for the
technology companies. He asked that the Working Group delegate the decision making to the
Science Advisors and the State. The Working Group advised Mr. Hirschhorn that the Science
Advisors and the State have been delegated that decision making authority. However, if no
agreement can be reached, then it should be brought back to the Working Group for resolution.
ADJOURNMENT
The meeting was adjourned at approximately 7:15 p.m .. The next meeting was scheduled for May
1, 1997 at 5:00 p.m ..
M~R 13 '97 e3:48PM EH~~R-PUBUC AFFAIRS
TO:
FROM:
DATE:
RE:
APPENDIX
Joint Warren County/State PCB Working Group
Henry M. Lancaster II
Dollie Burwell
13 March 1 997
Executive Committee Report
Le~islative Update
P. 1
A meeting is being arranged with Senator Frank Ballance to update him on activity taking place
i:\t the landfill. The General Assembly is in session and more specifically is in the process of
reviewing Department Continuation budget. The Natural & Economic Resources Subcommittee
has reviewed the Division of Waste Management budget and inquired about expenditure of funds
appropriated for the detoxification effort. Senator Ballance needs to be apprised of the current
activity as he prepares to enter budget negotiations.
Congressional Inquiry
Representative Eva Clayton ha~ written Secretary Jonathan Howes and requested an update on
activity at the landfill. She has also ex.pressed an interest in the department's strategy for
achieving detoxification. The Secretary intends to share his working group re-appointment plan
with Representative Clayton and invite her to play a role in securing federal assistance for the
project.
W 01king Group Staffing Concerns
The Executive Committee has received a letter from staff concerning interac.tions \'vith the
science advisors. There are some issues relating to work assignments and meeting sd1eduling
that need to be addressed. We will look into the matters and report back our findings and actions
at the next meeting.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
Ms. Dollie B. Burwell
Joint Warren County/State
MAR I 7 1997
PCB Landfill Working Group
720 Ridgeway Street
Warrenton, N.C. 27589
Dear Ms. Burwell:
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
This responds to your February 7, 1996, letter regarding the
Warren County PCB Landfill. You express your concern that EPA
thoroughly address policy questions about the Landfill, and
request a determination as to whether it is subject to National
Contingency Plan (NCP) requirements. In response to your request
I directed my staff to discuss your concerns with EPA Region 4.
I am confident that the Region is proceeding appropriately at
addressing the questions you raise.
As you know, the landfill is currently owned and operated by
the State of North Carolina. It was constructed to dispose of
contaminated soil as EPA cleaned up the North Carolina Roadside
PCB Spill Site. That site is no longer on the Superfund National
Priorities List, and is not subject to NCP requirements for
active sites. A key factor in deciding whether the Landfill
itself is subject to NCP requirements is determining whether
there has been a hazardous substance release, or threat of a
release, at the site.
EPA is currently investigating whether such a situation
exists. Region 4 has reviewed existing monitoring data on the
site and audited pertinent state files. They have also inspected
the landfill, monitoring wells, and leachate collection system~
The Region also conducted a sampling investigation during the
10, 1997. As we have stated before, Region 4 is glad to share
the results of these investigations with you. As the
environmental investigations at the Landfill progress, Region 4
will continue its analysis to decide the extent to which the NCP
regulation may be applicable to the site.
Please be assured that EPA is committed to addressing
completely the questions you and the Working Group raise, and to
keeping you informed as this review progresses. Should you have
any questions you may contact Craig Brown in Region 4's Toxic
Substances Control Act program at 404-562-8990 or Beverly Hudson
in Region 4's Superfund program at 404-562-8816. I would also be
glad to speak with you about your concerns. You may reach me at
[phone].
;;::;;;ra>1¢u1·
John M. Cunningham, Director
Region 4/10 Accelerated Response Center
':0-CllAIRS:
JOINT WARREN COUNTY/STATE PCB LANDFILL
WORKING GROUP
'JOLUE B. BURWELL
'IENRY LANCASTER
March 19, 1997
John H. Hankinson, Administrator
EPA Region IV
100 Alabama St.
Atlanta, GA 30303
Dear Administrator Hankinson:
The Joint Warren County/State PCB Landfill Working Group strongly recommends that EPA support
the compliance strategy for the state of North Carolina that our group has formally adopted as the
preferred strategy. We understand that your TSCA staff has correctly concluded that there are
serious noncompliance conditions at the Warren County PCB Landfill. For example, there has been
no functioning leachate collection system for some years and there is considerable free water in the
landfill above the 1 foot maximum allowable. Moreover, a recent site investigation that included an
exanunation of the top IO-mil plastic liner found that it lacks physical integrity and, therefore, has not
served as an effective barrier to surface water intrusion. Also, not all the required groundwater
monitoring took place.
After careful consideration of this noncompliance situation and upon the advice of our Science
Advisors, our group has decided that the only acceptable compliance strategy for the state, as owner
and operator of the landfill, is to formally enter into some type of agreement with EPA to detoxify
the landfill contents through on-site treatment within three years of choosing a technology.
The Working Group believes it is appropriate for EPA to accept a commitment from the State to use
full scale detoxification as the preferred means of removing the noncompliance conditions that do not
meet federal requirements. We want to emphasize that we do not find it acceptable for EPA to order
the state to merely implement some engineering fixes, such as attempting to install a new leachate
collection system, pumping the excess water from the landfill and installing a new top liner. Our
community would still be burdened by such band-aid solutions because a continuing threat from the
landfill would remain.
We want to emphasize that the state has already embarked on a detoxification strategy. The
appropriation of $1 million that has funded the current project and the efforts of our two Science
Advisors is ample evidence of the state's commitment to detoxification. The prime goal of this
project is to certify that a commercially available, appropriate and feasible detoxification technology
is now available. Our Science Advisors have been conducting the equivalent of a Remedial
Investigation and Feasibility Study for the site. Two detoxification technologies, have been
detennined to be feasible, and these will be tested on landfill materials in the very near future. One
will be selected as the basis of developing a preliminary design for the full scale detoxification of the
landfill and this effort will produce reliable remedial cost estimates. This effort is expected to
conclude within six months.
We believe that a voluntary compliance agreement between the state and EPA must build on this
commitment to detoxification. The first phase of activity for the compliance agreement would be
funding by the state for a full design effort, including an on site demonstration at full scale levels of
treatment of the preferred detoxification technology. This would be followed by the actual full scale
detoxification of the entire landfill. Both of these phases, corresponding to the Remedial Design and
Remedial Action phases in the Superfund program, can be accomplished within three years, according
to our Science-Advisors.
We expect EPA Region IV to honor our request and to expeditiously and cooperatively work with
Governor Hunt's representatives to work out the details of a voluntary compliance agreement based
on detoxification of the Warren County PCB Landfill. The Landfill was originally selected as the
official remedy for the Superfund NPL site that consisted of the original PCB oil dump areas along
North Carolina highways, and then EPA provided the funding for construction of the Landfill. EPA
also waived certain standard location requirements for such a landfill. We have learned from your
staff that no document has been found either in EP A's or in the state's files to verify that EPA
officially and for valid technical reasons approved the change in the landfill's original leachate
collection system. When EPA agreed to provide the funding, the state's design was based on a
standard perforated pipe leachate collection system at the bottom of the landfill. But that system was
never installed. EPA also required the state to be in full compliance with both TSCA and Superfund
statutory and regulatory requirements. It is now appropriate for EPA to recognize its responsibilities
and to use its legal authorities to ensure that the Landfill will be effectively and safely detoxified by
the state.
Mr. Hankinson, we also remind you that the strong public opposition to siting the Warren County
PCB Landfill in a predominantly African-American community served as the historic origin of the
national environmental justice movement. EPA has made major commitments to environmental
justice and only a detoxification strategy to remove the dangers of a seriously flawed landfill is
deemed consistent with environmental justice principles. The only way to correct the environmental
injustice of the past is for EPA to now, legally require detoxification of the Landfill.
Sincerely,
Dollie Burwell, Co-chair
/
' . ? •, __.L..-<,{!l fl ; tJ.:..>~
Henry Lane ster, Co-chair 1',) 1<+
f J~~\v
f ½oINT WARREN COUNTY /STATE PCB LANDFILL
WORKING GROUP AGENDA
DATE: March 13, 1997
Fax# {
I. Welcome
Il. Approval of Minutes -December 17, 1996
January 3, 1997
January 21, 1997
February 6, 1997
III. *Unfinished Business
Report from Committees
a) Executive Committee ....................................... Dollie Bwwell
Henry Lancaster
b) Technical Committee
c) Science Advisors ............................................. Patrick Barnes
Joel Hirschhorn
d) Division of Waste Management ....................... Mike Kelly
IV. New Business
V. Other Business
VI. Adjournment -6:30 p .m .
• Each person will be allotted no more than 15 minutes
TO "d
F'CB l_1J[IRf<rnG (3RCIUP Fax:[phone] t,·1ar 4 '97 12 : 19
JOINT WARREN COUNTY/STATE PCB LANDFILL
WORKING GROUP
720 Ridgeway Street
Warrenton, N. C. 27589
Phone [phone] -Fax [phone]
Fax Cover Sheet
TO:
FROM:
RE:
DATE:
Laura Butler
Tommy Cline
Carolyn Coleman
Nan Freeland
Henry Lancaster
Bill Meyer
Dennis Retzlaff
Jim Warren
Dotis Fleetwood
919-733-5317
919-733-1431
919-733-2120
919-832-9100
919-715~3060
919-715-3605
919-257-2897
919-493-6614
Weekly update on activities at the landfill
March 4, 1997
Number of Pages, including cover sheet: 5
P.01
F'CB l_1JCIRf< I HG GRCIUP Fax :919-2:,7-1000 Mar 4 '97 12:19 F'. 02
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT: Status of Landfill Work Activiti.es 2/20 through 2/28/97
Monitorine Well Drillin&
Groundwater monitoring wells continued to be installed at a steady pace. The focus shifted
from the off-site or background wells to the well located in the gorge ( draw) features The
drilling activities demonstrated how irregular the depth to bedrock is at the landfill site. The
following is a summary of the approximate depth to rock below landsurface for the landfill
locations drilled this past week. Approximate water levels during drilling is also given.
Monitoring Wells
MW-6
NW-8
MW-9
MW-IO
MW-7
MW-3A
MW-4A
Depth to Rock
59'
16'
19 l/2'
761
461
65'
40 1/2'
Approximate wat~r level
25'
below bedrock
101
2 1/2'
25'
20'
l7'
This varied depth to rock underscores the importance of implementing a comprehensive
drilling program prior to landfill facility siting. Drilling will continue next week on the
monitoring wells closest to the landfill.
Because it is not always easy to predict groundwater flow, it is important that the
monitoring network be as comprehensive as possible. Therefore, upon further review of the
site topography, I strongly recommend the installation of two additional monitoring wells
directly adjacent to the landfill. The wells will be located near the northwest and corners
of the landfill. I have discussed this extensively with Mike Kelly and he has agreed to it.
PCB l.dORf( I t·~G lJRCIUP Fax :91 9-2':,7-1000 Mar 4 '97 12:19 F'. 03
Liner Inspection
S&ME and their subcontractors removed portions of the 10-mil PVC liner for integrity testing
on Friday. The procedure used generally included cleaning the surface of the 10-mil. liner,
cutting it with a utility knife, removing the liner material to be tested and replacing it with a
20-mil patch. The patch was installed by solvent welding. (Note this is of particular interest
because air monitors used during the liner operations are likely to detect vapors from the
solvent compound.)
After the liner was cleared, cut and removed, it became very apparent that it contained several
breaches. I saw several holes in the liner. Most were very small pin holes. However, the liner
also contained a failed seam. The seam failure was evident by extensive root growth through
it and beneath it. The liner removed from the north excavation appeared to be in worse
condition. However) both had obvious signs of significant failure. In fact, portions of the
seam exposed on the south excavation appeared to contain no adhesive.
The observations made are consistent with normal means ofliner failure and support the
hydrologic data analyzed previously, which indicate that water is entering the landfill facility.
The contractors completed their patching work by solvent welding the liner material to the
PVC well casing. A geotextile material will be placed over the liner prior to back.filling of the
excavation.
Backfill of the excavation is scheduled to occur Monday, March 3, .1997.
I recommend that the integrity of the liner be a topic of discussion at the next Working Group
meeting.
Analytical Samplin2
The sampling event has been rescheduled to occur during the week ofMarch 10, 1997. Craig
Brown with the EPA, bas postponed their planned March 17th event and instead will plan on
performing a separate sampling event only if the results of the March 10th event warrant it.
The EPA will still be present for the State's sampling event and plans on splitting 20% of the
samples.
As discussed in the last Technical Committee phone conference, I have informed Mike that we . .
would like to include analysis of pesticides and herbicides in the monitoring wells and landfill
soil samples.
Mike and I will meet this week to determine the location of additional sediment samples.
F'CB l.1.ll]Fj( I ~-ri (3RCIUP Fax :[phone] F·. 04
,I
I i I
March 3, 1997
MEMORANDUM:
TO: PCB wo~o OROlfP
i i '
FROM: MIKnK!LiY
i ,
SUBJECT: WEE.KL Y qPDA TB, ➔EK OF FEBRUARY 24-28
'
t. MONITORING '1LLS:
·· As of today. there 1 12 monitoting wells installed indudina al 4 site wells. Work
beaun around the lan{ui 1 fence itself and it is anticiJ)ated that the 11 · tallation will speod
' with the smaller wells an closer 1oc4t10ns. .
There is still one Qf area well~ that will require air drlJli.na Jld tis scheduled for
• uosday, March 4 (num~r ,). i
. I I I
Patrick and .I have;di~ and~ on the installation ?ftw itional wells-at the
orthwost comer of the J~ll and on~ Southeast comer. As we sf ut the current
tions~ U was evident that a couple of terrain features not readily id · fi le on the map were
leecnt on the Ii~ and we: fe~ that we ol'tuld Wlludo two morc:wc11, to v these areas.
Under tho cumnt j,J+ all wells f"uld be ftniahed by Friday, M 7.
LANDPILL BO~GS ! . .
The borings and eJttniotJon wells ave been completed in the tan ill. On Friday,
♦bnwy 28, a section of linJ, wu cut o of land.fill from two different · ons near the
· ction wells. A landfill l~er compan from Alabama cut out the , · o and replaced them
th new pieces, and put a "~t" over th extraction well casings. This was supervised by
~nified enameer for Ianafitl liner syst s.
The sections of liner ~en out sh~wed sip of wear. There ~ p · holes evident in
: e are• and the seams ~ ~ whe grass roots had grown ~u!r' th into the top of the
· dfill oover. S&ME have taken the ens to Charlotte for testing to et ine the cummt
'tion of the top liner. · ! I
' The bolflB are boin~ nl..i in todayl and we anticipate that S&ME lu complcu: their
rk by Wednesday and demrbilize ftom, the site.
i !
I I i
\
!
P.05
PCB l.1J1JRK I t\lG GRDUP Fax :[phone]
1
t·11ar 4 '97 12 :21
I -I
~CB I.Andfill weekly upda\e
March 3, 1997, Page 2 ,
i
. \ I
. The drums of soil (~orn the ~*t~ wells), pails of tnaterial for pilot study, drums
of nnse water and the dnun;s of dobns 5picked up today by BCDFL,O, hazardous waste
diaposal company from ~bon>. are one of two com~es tn state bavina the
proper TSCA (PCB) stotag. facility. E OFLO will dispose of the w~ teriala and hold the
Is of soil in storage to be~ppod as ~irected by us for the pilot study. P trick and I placed
on a)l of the 16 pails or Friday. I 1
. SAMPLING E~t· \ \
'rho sampling event postpon~ until next week (March 1 O) ~uc the time ncccswy
t, complete the wells. EPA iwill be aenciina personnel from their A.th~. 0 lab to oversee the
' pliq event and split to~e samples J..ith us. I sent them a COPY of~ e tire sampling plan
astwoek. ; 1 .
We took additional Jr samples l~t week during the exoavation ~d utting of th~ top
',ier. As. of today, we have ~ot gotten ~e report from the laboratory on the · samples taken
tior to commencing work oh the landfll . · \
I ' . I ·, ,
We have. however, located three ~{the blah velocity air putnps ~d 11 plan to use these
ext week durina our aampt1 event to t"' the I ,S00 + liters of air aug~es by Joel.
\I i . I ; . I
' ' ' '
PCB Working Group
Dollie B. Burwell, co-chair
February 24, 1997
Focus on the goal of the Working Group
As a co-chair, and on behalf of this community, I would like to take this opportunity to urge all of
us to "remain focused" on the goal of the Working Group, "Detoxification of the Dump."
More than two years ago, we all agreed that our major priority was to find a feasible and just
technology for detoxification. To do this, the pilot study has to be done. During this process, we
have had problems, but we have also made some progress. Certainly some of our worse fears and
suspicions have been confirmed and we have found out about new problems. However, please
allow me to caution all ofus to "keep our eyes on the prize," detoxification. I can almost
guarantee you if we do not, the prize will be lost forever.
The next few months, as has been the last three years, are important. Although, I feel we are
currently at a critical junction, I must acknowledge that we are all under pressure. The legislature
is in session and Senator Ballance wants some answers. Since some of us, including myself, are
under a lot of stress, both professionally and personally and have less and less time, more than
ever we must follow the procedures that we all voted. If you have forgotten any of them, please
go back and read your minutes and refresh yourself
We all agreed, after a lot of very careful consideration and much heated debate, that we want our
Technical Advisors talking to each other. So we set up several check points to assure this would
happen. One check point, the Technical Advisors must consult with each other before taking any
action or making any recommendations to either the whole Working Group or the Technical
Committee. When we made this decision there were very valid reasons for this decision.
Therefore, we cannot allow our emotions or fears to derail good, thoughtful and nonemotional
decisions that the group has made.
Finally, we can, we will achieve environmental justice in Warren County despite all the obstacles
we face. I want to say "thank you" to each of you, for your hard work and long hours, dedication
and commitment and yes, even your anger and impatience.
CO-CHAIRS:
JOINT WARREN COUNTY/STATE PCB LANDFILL
WORKING GROUP
DOLLIE B. BURWEU
HENRY LANCASTER
Elliott P. Laws, Assistant Administrator
Solid Waste and Emergency Response
U.S. EPA
401 M Street, SW
Washington, DC 20460
Dear Mr. Laws:
February 7, 1997
The Working Group received a letter from John Cunningham, dated January 6, 1997, apparently
in response to our previous letter to you that requested your office to examine various policy
related issues concerning the Warren County PCB Landfill.
We are disappointed in the response from Mr. Cunningham, which takes the position that EPA
Region IV will be addressing our concerns. When we originally wrote to you we also wrote to
John Hankinson, Region IV Administrator, but expected Region IV to address our request for a
comprehensive regulatory compliance audit, not to make the Superfund policy determinations we
· asked you to examine.
The December 20, 1996 letter sent by Mr. Hankinson to the Working Group, in fact, does not
make a commitment to address the policy related issues we raised in our request to EPA
Headquarters.
We remain concerned that Region IV's activities will not thoroughly or expeditiously address our
Superfund policy related issues. These are not strictly speaking compliance issues for the state of
North Carolina in its conduct as owner and operator of the PCB Landfill. In our original letter to
you we raised several illustrative questions relating to the central question of whether the PCB
Landfill is a Superfund site. These types of questions have much more to do with the activities
and decisions of EPA, than with the state of North Carolina. We tried to explain in our original
letter to you our understanding that legal documents seemed to have imposed National
Contingency Plan requirements on the state for the PCB landfill and that together with the
CERCLA/Superfund funding provided for the construction of the landfill seemed to indicate that
the PCB Landfill had status equivalent to a National Priorities List site as which a remedial action
had been taken.
This remains the core question the Working Group wants EPA to answer. We want to know
whether this community has a right to expect the full range of benefits offered by the
CERCLA/Superfund statute and program.
If EPA Headquarters is ducking this request and handling it off to Region IV, then we want
Region IV to explicitly communicate its commitment to resolving our questions. Nor does this
community, already the victim of environmental racism more than the benefactor of environmental
justice, expect to wait for a long time for official EPA responses to our reasonable questions.
Thank you for your personal consideration.
Sincerely,
~~ 6. ~WlA!ill
Dollie B. Burwell, co-chair
Henry Lancaster, co-chair
720 Ridgeway Street -\Varrenton, N. C. 27589 -Phone [phone] -Fax [phone]
~//) ~j-1
2009 Chap,;,I Hil! Road
P.O. BolC 61051
Durham, NC 27715-1051
Poone: [phone] Fax: [phone]
EM8M Address: NC-WARNOPOBOX.c;()M
Memo, 2/20/97
To: Mike Kelly, Division of Waste Management
From: Jim Warren
CC: Technical Committee, Dollie, Henry, Science Advisors Pat and Joel
Subject: Activities at the Warren County PCB Landfill
To follow-up my voice message left for you and your secretary this evening, on behalf of the
technical committee, I am asking you to take a look at the issue of coordination and supetvision
of activities at the landfill.
Pat and Joel have both raised concerns about the lack of overall project coordination by a senior
level state employee on a day-to-day basis. Both agree that the state should have a senior
geologist on site at all times to coordinate and supervise the various processes being performed;
was this not proscribed in the work plan?
They also are concerned by daily rotation of personnel and about the apparent lack of a process
for leaving instructiorui from day-to-day.
Concerns have also been raised about the air monitoring process, that some work was slo;:,py, that
air volumes collected might be incorrect, possible problems with the recordkeeping system. and
again, a lack of good supetvision. There is concern that some air sampling data will be invalid.
I luck forward to hearing your thoughts on this and whether you believe there should be any
alterations of the landfill activities or personnel.
On a separate point
We would like you to have someone in your office keep the Working Group office updated every
other day about the schedule of activities at the landfill7 The technical committee needs to be
able to coordinate with the science advisors to plan their time at the site. What l am suggesting is
a brief call to Doris to apprise us of the planned activities for the next 3 - 4 days, along with
variances from the scheduled activities.
I understand and appreciate that you and your staff have done a lot of work to make this project
happen. I trust that the state's project personnel are qualified and diligent about their
responsibilities.
AdVISory Board: Or Paul Connett • Ellen Connett • Pat Costner • Dr . Gerald Drake • Blllte Elmore • Rev. Jsaiah Madison • W~l:an s::11,pur
Ju 11~ 1 w AlU<.J:iA ~ Luu 1 ~ .l I/~ J. ft .l ..l:.J C ~.u .I....JJ-11 UJ .I.' .I..LJ.LJ
WORl(ING GROUP
CO-CTIATRS: 2 .,A fl -11 It,~ -f: . .-1 _ fli /I ,,'}. -e ·.,? ,: .. 11.-_ -~1J J
-.......__ ..
DOLUE B. BURJf'El.L
HENRY UNCASTER
John H. Hankinson, Jr.
Regional Administrator
EPA Region IV
100 Alabama St.
Atlanta, GA 30303
Dear Mr. Hankinson:
February 6, 1997
The Working Group appreciates your response of December 2, 1996 to our request for a
regulatory compliance examination of the Warren County PCB landfill.
We request that Region IV staff consider the work products of our two Science Advisors. Copies
of their various technical reports are enclosed. For the most part, they have identified problems
with the leachate collection system and water in the landfill, as well possible releases of PCB
emissions into the air. We also request that your staff maintain close contact with our Science
Advisors and do not rely solely on the State's Division of Waste Management for information.
In your letter you said that EPA was planning to collect groundwater samples for analysis. But,
in a letter from Winston Smith of Region IV to William Meyer, this commitment was qualified by
the statement "if conditions allow." The Working Group believes it appropriate for Region IV to
collect its own samples of both groundwater and leachate. We are asking that you consider
taking those samples during the State's sampling event, at which our Science Advisors will be
present providing oversight. The sampling event is scheduled for the week of March 3. We ask
that you please respond to this request within one week. In addition, we request that, if your
sampling can not be done at the above mentioned time, you notify the Working Group in advance
when it will take place. We request that our Science Advisors be present and that the sampling
and testing is done private contractors and private labs.
Our Science Advisors and Mike Kelly of the North Carolina Department of Waste Management
have advised that they have requested your presence at the February 17, 1997 pre-bid hearing
with potential vendor for the bench scale pilot study. The Working Group concurs with that
request and urges you to attend.
Please keep us informed of your progress.
Sincerely,
~~.r)Uf\;~
Dollie B. Bu.rwell, Co-chair
Henry Lancaster, Co-chair
Attachments ( 6)
PCB WORKlt'~G GROUP Fax:[phone] Feb 20 '97 12:38 F·. 01
2009 Chepet Hil· Roac:,
r, o Box 6 1 05 l
Ourh;,m NC 2'11:>-1~1
F'tt006: (919) ,!j()-0/4/ t-8)(: [phone]
(Me~ -'.ddre!>!;. "IC-WA-RNOPOBOX.<.:OM
Waste Awareness NCduWARN -~
Memo, 2/19/97
To: PCH Woridng Group, science advisors, Diy;sion of Waste Management
From: ·Jim Warren
Subject: DWM negotiations on this week's new5 rel case
Pat \\!illiamson ofDWM recommended four alterations i.n the draft, one of which l made (it had also been
suggested by Pat Barnes).. .
I did not change para. 41 #2 .... As DWM ask.ed . She wanted to add "if there are" weaknesses This would
be inaccurate, implying that negative results would indicate the top liner is sound, when it would be no
. such assurance .
Similarly, with para 4, #3 .. .', .DWM wanted to replace L1e word ''identify" with the phrase udetennine if
there have beeni,. Again. this would create an inacc\lrate implicat ion that negative sediment samples .
equate lo zero release of chemicals.
The other recommcndat;on which I do not agree with is to remove the word ''failing" from the title of the
~ release For a lor.g time, members of the working group and NC WARN have characterized the
land.fin as railing, and this tenn does not presume to describe PCB or dioxin leakage.
The fact that various systems have failed at the landfill--particularty the trapped water and the leachate
system's failure to remove it-~is in large part the reason this Working C.rroup was called together 3 years
aao . . .
Additionally, there is substantial evidence that the state's s~tcm of operation and compliance has also
f'Ailcd;~ce the request for audit.
The title was apparently OK with the other tech committee members, the science advisors and Henry
Lmcastcr; it wu not raised lls an issue
For theu reuons, 1 b~li~e it is fair to characterize the landfill as "failing,,.
Pat Williamson and I agreed that jt was appropriate and appredated that DWM be able to raise thest!
concerns prior to the.news release. l hope that the rationale l have providec here is, if not wholly
subscribed tQ, at least seen as fair and justifiable. · · ·
Post-it• Fax Note 7671 Oate
F'CB ldORK ING GROUP Fax:[phone] Feb 20 '97 12 :39 . ~ --.., . --. --. ·-
Joint Citizen/State PCB Working Group
710 Ridgeway Road, Warrenton, NC 27589
P.02
For Immediate Releue: February 20, 1997
Clean•up Process Beeins at Failing Toxic Dump
Work begins this week in Warren County toward clean-up o~a problem-ridden._ state-owned PCB landfill.
A Working Group comprised of local citizens, environmentahsts a_nd state o~cials has ~elo?ed a process
to move towartl honoring a pledge made by the state to decontanunate the site when feasible .o do so.
Scienc.e advisors hired by the Working Group have performed a feasibility study fo~ detoxification
technologies a.ad have identified two suitable processes. Next week contractors will remove several _
hundred pounds of the contaminated soil from the landfill, which witt then be sent for be:nch•!iCale test.mg of
the two technolojiea.
This week, under the guidance of the science advisors, state workers and indepcnd~t contractors a.re
pcrformini tests to help evaluate the facility's current status.
This work will provide additional infonmrtion necessary for the clean-up:
I) Contractors arc drilling additional monitoring wells around the site to help determine whether PCBs
and dioxins have leaked out of the landfiU and possibly migra~ed off-site; 2) Comprehensive a•r sampling
will help identify weaknesses in the top liner of the IancIBll; 3) In March. sediment samples will be taken
&om key areas around the site in order to identify releases which may have occurred during constrUCtion or
operation of the landfill.
Results of the bench-scale studies, expected this spring, will be used to measure the safety and
eff'ectiveness of the clean-up processes and to develop a preliminary design with ae<.1.uate cost estimates for
full-scale decontamination of the site. It is believed the clean-up ~ill cost in the range of $2) million..
NC Senator Frank Ballance, whose bill led to the state,s 1983 pledge to decontaminate the site,
commented: "1'11t ltappy tliat w an f111ally 1nting clos~ to a re10/utio1r of tJ,is ism~, and that ollr
effort& to 1tt11n SJ million iH th~ 199$/J996 legi1lature to 1,~gin this procas is now payi1tg divult!nds. ..
In 1993, the state acknowledged that over a million gallons of water are trapped inside the landfill. The
two seien~ advisors have expres,ed concern that water is rnigra.tins in and out of the landfill but the ex:tent
of any chemical releases into area ground or surface waters is unc~rtain. PCBs and dio~ns are rughly toxic
chemicals associated with a wide range of human health dam!tge.
The Working Group hu uked the EPA to conduct a thorough regulatory compliance audit for the entire
history of the dwnp . The science advisors have identified several important areas where the state h.a.s not
met federal requirements for the facility's design and operation. At the reques~ of the Working Group, the
lltate installed a carbon filter on the landflll's air vent in December to prevent releases .:,f PCBs. Governor
Hunt hu been invited to participate in a public meeting in Warren County to discuss site decontamination
Contacts: PCB Working Group Office, Dollie Burwell 929-257-1948
Clean Water Fund. Nan Freeland 919-832-7491
NC WARN, run Warren 919-490-0747
F'CB l.1.ICIFK ING t_jriUUI-'
Joint Citizen/State PCE
720 Ridieway Rd. War
'--· _, ... __, -,_1c.., CJ,~,•
7671
,.Ul
I
IPhOl:;;-----"=.;.,,,-,..~~-~k-J'..¥L.l'..~~j.._{.,ijrli.i_,c..(J :
Fax # Fax n
Clean~up Process Begin~ at Failing Toxic Dump
Work begins thi!! week in Warren County toward clean-up ofm state-o"ned PCB lMdfill A Working
Group comprised uflm:Kl t:ili2.t'.'.us, ~nvin .. 1rn11c;11lldi~ts and st11te on-iciah ha~ developed a prcte~11, to n,ow•
toward honoring a pledge made by tht ~we to decontaminate the site when feasible to do S<'
Science advisors hired by the Workmg Group have performed a fea!.ibility m.1dy for detoxification
technologies and have ldent:fied two suitable proce~~ei:. Ne,-_t week contractors will remove severaJ
hundred pounds of the cont21minated soil from the landfill, which will then be sent for bench-sc;,.le testing
by contraetor, with «perti5e in the two field:, of dcan•up technology.
Thi5 week, under the 0'Uida.nce of the ~c:ience advisor'-, date workers and independent contractors have
begun I'reliminary te~h to characterize the facility's current ~ta.tu!., work which wilt pr0vide additiona~
information necessary for the:: clean-up
1) o.,ntractors are dlilli!lg additional monitoring wells iround the site in a.'1 attempt to determine off-site
mlgn1.ti01"I of PCBs and Jioxins 2) Comprehensive air sampling will help Identify weak.ne~ses in !he top
liner of the landfill. )) Sedlment samples will be taken from key areas around the !iite in order to identify
a.it releases whjch may have occured du, ini, t:urnstwt.,;liun ut up~r~tiun of the landfill
Rtru!tJ of the btnch-~eale ~tudies, expected this spring, will be used to mensure the !>afcty and
cffectivene!! of the clean-up proi;esses and tu dt:vt:lop a prduninary c..lt!sign with a<,;curate cost estimates for
full-~aJe decontamination of the site It is believed th&t clean-up \\ill be in the ra11ge c,f $25 million.
QUOTE FROM SENATOR BALLfu'\ICE>>>>>>
In 1993 , th~ state: acknowledged that over a million gallons of water are trapped ii,side the landnlL Science
Advi~un hitvc c:1tpre~:,t-d concern th~t water is migrating in and out of th~ landfill but the extent of a.ny
chemical rt!lea~!I into area ground or llurface wat~rs is unceruJn. PCBs and dioxin5 are highly toxic
chemicals u.sociated wilh a wiJ" nn~e ofhumM health damage.
The Working Group hu asked the EPA to conduet a thorough regulatory compliance audit for tht! enti1e
hi1itm-y of the dump The gcicncc advisu~ ht1.v~ identified sever11.l imponam ,, t:~s whc:1 t: Lh~ stdtt ha5 riot
met federal requirements for the facility's d~sign and operation. At the request of the Working Crroup, th@
stlltc installed 2' carbon fitter on tht landfill' s air vent in January to prevent re!ea5c~ of PCBs Governor
Hunt has been invjted to participa.t~ in a public meeting in Warren County to discuss site decontamination.
Contacu: PCB Working Group Uffice, Dollie Burwell
Clean Water .fund, Nan Freeland
NC WARN, Jim Wam;n
929-257-2604
9} 9-MJ2-749 l
919-490-0747
i
Fax :91·~1-25 7-1000 Feb 6 '97 F·. 01
JOINT WARREN COUNTY /STA TE PCB LANDFILL WORKING GROUP
720 Ridgeway Street
Warrenton, N. C. 27589
Office [phone] -Fax [phone]
Fax Cover Sheet
TO : Mike Kelly 715-3605
FROM: Doris Fleetwood
DATE: February 6, 1997
Number of Pages, including cover sheet: 2
Dear Mr Kelly:
This is the agenda for today's meeting as prepared by the Technical Committee
Thank You.
PCB l_1Jl]F.J<Ir'-Jl3 13FDUP Fax:[phone] Feb 6 '97 9 :59
JOINT WARREN COUNTY /STA TE PCB LANDFILL
WORKING GROUP AGENDA
DATE: February 6, 1.997
I. Welcome
II. Approval ofMinutes • December 17, 1996
III. Unfinished Business
l) Report from Science Advisors
a) Air Sampling -State
b) EPA
c) Communications for the State
2) Update on RFPs
a) Background Wells ................................................... Mike Kelly
b) Off-site Wells .......................................................... Mike Kelly
c) Other reports from the State
IV. New Business
V. Other Business
VI Ad' . ~oumment
Fax:[phone] P.01
().//)
~f< JOINT WARREN COUNTY/STATE PCB LANDFILL WORKING GROUP
1JJ~(v
fir
720 Ridgeway Street
Warrenton, N. C. 27589
Office [phone] -Fax [phone]
('lv-/p5 //' \' Fax Cover Sheet
TO :
FROM:
DATE:
Laura Butler
Tommy Cline
Nan Freeland
Herny Lancaster
William Meyer
Ron Nixon
Monica Porter
Dennis Retzlaff
Jim Warren
Doris Fleetwood
January 28, 1997
Number of Pages, including cover sheet I
Dear Working Group Members :
733-5317
733-1431
832-9100
715-3060
715-3605
419-8315
733-2120
257-2897
493-661 4
This is a memo to infonn you of the passing of Deborah Ferruccio's mother on Saturday, January 25,
1997_ I will be sending a card of condolence fr()m the Working Group_ Personal condolences may be
sent to Deborah Ferruccio at Rt. 2, Box I 63J, Norlina, N. C 27563 .
Thank You.
P.S. The next Working Group meeting is scheduled for February 6, 1997 at 5:00 p.m ..
TO:
FROM:
DATE:
RE:
Diane Barett
Dollie B. Burwell
Co-chair PCB Working Group
P. 0. Box 254
Warrenton, N. C. 27589
Dollie B. Burwell
January 14, 1997, dictated by phone at 8:40 a.m.
Statement by Dollie B. Burwell, co-chair Joint Warren County/State PCB
Working Group, member National Environmental Justice Advisory Council,
Warren County Resident
Dear Ms. Barett:
This is to inform you that I will not be available to meet with you at the Joint Warren
Cou nty/State PCB Landfill Working Group (Working Group) office, Ridgeway Street, January
14, 1997 at 10 :30 a.m .. The first call I received from you in reference to your being in Warren
County was at 10:00 p.m. recorded at 8:50 p.m. on January 13, 1997on my answering machine.
In the recorded message you stated you could be contacted before 10:00 p.m .. Since I did not get
home until after 10 :00 p.m., I did not attempt to contact you, pursuant to your instructions. In
addition, you indicated that you could be contacted between 6:30 a.m. and 7:00 a.m., Tuesday,
January 14, 1997, the date you plan to visit the office .. Unfortunately, that is the same time I am
busily preparing for work, to which I have to report at 8:00 a.m.. (in Oxford, N. C.)
My first concern is that for more than a week you have been scheduling a visit to Warren County,
for what purpose, I do not know. In my capacity as co-chair of the Working Group, who
contacted you in the first place, I was not contacted, nor did I receive a message on my answering
machine at home nor at work. My second concern is, if you are here to investigate a complaint or
grievance filed by the Working Group why would you not contact me, as co-chair. For the
record, until last evening, (January 13, 1997) at 8:50 p.m. I have received no message on
answering machines at home, my Warrenton office, my Granville County office, and no message
left specifically for me a the Working Group office. Third, my concern is if your purpose is to
listen to citizens in Warren County or the Afton communities, that you should have included a
representative number of African Americans from those communities. Based on my investigation
and contact with a number of African Americans who live in the Afton community, they have no
knowledge that you or members of EPA staff would be in Warren County.
Finally, Ms. Barett as a member of the National Environmental Justice Advisory Council, I am
concerned that your visit, in the manner it is occurring, does not honor or respect any of
the principles of environmental justice and/or inclusive public participation by the Afton
or Warren County communities. I will be happy to discuss these and other issues at a mutually
agreed upon time.
cc : John H. Hankinson, Administrator EPA Region IV
Sincerely,
D611ie B. Burwell, Co-chair
PCB Working Group
Connie Raines, Acting Director of the Office of Environmental Justice
Congresswoman.Eva Clayton, First Congressional District
Jonathan B. Howes, Secretary, Dept. of Environment, Health and Natural Resources
Frank Ballance, North Carolina State Senator, Second Senatorial District
Henry Lancaster,II, Assistant Secretary for Natural Resources
William L. Meyer, Director, Division of Solid Waste Management
PCB Working Group
Patrick Barnes, PCB Working Group Science Advisor
Joel Hirschhorn, PCB Working Group Science Advisor
Charles Lee, NEJAC, Chair Waste and Facility Citing Subcommittee
Connie Tucker, Executive Director Southern Organizing Committee
F'CB ldCIFK I t\JG GRJJUP
ct---f1; t~
7J
Fax :[phone] Jan 14 '97 P.01
( /Ji
-t-.JOINT WARREN COUNT"I/STATE PCB LANDFILL WORKING GROUP
Memo
TO:
FROM:
RE :
DATE:
720 Ridgeway Street
Warrenton, N. C. 27589
Office [phone] -Fa~ [phone]
William L. Meyer. Director
Division of Solid Waste Management
Doris Fleetwood
Statement by Dollie Burwell to Diane Barett
January 14, 1997
Number of Pages, including cover sheet : 3
PCB l.1JCIF:f<It,JG GF;IJUF' Fax :919-2S,7-1000 Jan 14 'Sl7 P.02
TO:
FROM:
DATE:
RE:
Diane Barett
Dollie B. Burwell
Co-chair PCB Working Group
P. 0. Box 254
Warrenton, N. C. 27589
Dollie B. Burwell
January 14, 1997, dictated by phone at 8:40 a.m.
Statement by Dollie B. Burwell) co-chair Joint Warren County/State PCB
Working Group, member National Environmental Justice Advisory Council,
Warren County Resident
Dear Ms. Barett:
This is to inform you that I will not be available to meet with you at the Joint Warren
County/State PCB land.fill Working Group (Working Group) office, Ridgeway Street, January
14, 1997 at 10:30 a.m .. The first call I received from you in reference to your being in Warren
County was at 10:00 p.m. recorded at 8:50 p.m. on January 13, 1997on my answering machine .
In the recorded message you stated you could be contacted before 10:00 p.m .. Since I did not get
home until after 10:00 p.m., I did not attempt to contact you, pursuant to your instructions. In
addition, you indicated that you could be contacted between 6:30 a.m. and 7:00 a.m., Tuesday,
January 14, 1997, the date you plan to visit the office .. Unfortunately, that is the same time I am
busily preparing for work, to which I have to report at 8:00 a.m .. (in Oxford, N. C.)
My first concern is that for more than a week you have been scheduling a visit to Warren County,
for what purpose, I do not know. In my capacity as co-chair of the Working Group, who
contacted you in the first place, I was not contacted, nor did I receive a message on my answering
machine at home nor at work. My second concern is, if you are here to investigate a complaint or
grievance filed by the Working Group why wou.ld you not contact me, as co-chair. For the
record, until last evening, (January 13, 1997) at 8:50 p.m. I have received no message on
answering machines at home, my Warrenton office, my Granville County otlice, and no message
left specifically for me a the Working Group office. Third, my concern is if your purpose is to
listen to citizens in Warren County or the Afton communities, that you should have included a
representative number of African Americans from those communities. Based on my investigation
and contact with a number of African Americans who live in the Afton community, they have no
knowledge that you or members ofEPA staff would be in Warren County.
F'CB LdlJF'.f< I NG 13R:IJUP Fax :[phone] Jan 14 '97 15:26 F·. 03
Finally, Ms. Barett as a member of the Nati.onal Environmental Justice Advisory Council, I am
coucerned that your visit, in the manner it is occu.-ring, does not houor or respect any of
the principles of environmental justice and/o.r inclusive public participation by the Afton
or Warren County communities. I will be happy to discuss these and other issues at a mutually
agreed upon time.
cc: John H. Hankinson, Administrator EPA Region IV
Sincerely,
(\ __ /){/ /1 __ ') /Ji:4 ~~L 6 . /jl-1£,~lill~·'_. --
Dollie B. Burwell, Co-chair
PCB Working Group
Connie Raines, Acting Director of the Office of Environmental Justice
Congresswoman _Eva Clayton, First Congressional District
Jonathan B. Howes, Secretary, Dept. of Environment, Health and Natural Resources
Frank Ballance, North Carolina State Senator, Second Senatorial. District
Henry Lancaster,U, Assistant Secretary for Natural Resources
William L. Meyer, Director, Division of Solid Waste Management
PCB Working Group
Patrick Barnes, PCB Working Group Science Advisor
Joel Hirschhorn, PCB Working Group Science Advisor
Charles Lee, NEJAC, Chair Waste and Facility Citing Subcommittee
Connie Tucker, Executive Director Southern Organizing Committee
Fax:[phone] Jan 6 '97 10 :55 F·. 01
,JO INT WARREN COUNTY/STATE PCB LANDFILL WORKING GROUP
720 Ridgeway Street
Warrenton, N. C. 27589
Office [phone] -Fax {919) 257-1000
Fax Cover Sheet
TO:
FROM:
DATE
RE:
Tommy Cline
Nan Freeland
Bill Meyer
Ron Nixon
Monica Porter
Doris Fleetwood
January 6, 1997
Meeting Date
733 -1431
832-9100
715-6305
419-8315
733-2 120
Number of pages, including cover sheet: 2
F'CB l.1)DF:!:::.H•J1:; 13FTIUP . -~ Fax:[phone] Jan 6 '97 10 :55 P.02
~ MEETING ANNOUNCEMENT
Tl1e Joint Warren County/State PCB
Working Group will 111eet
Tuesday~
January 21, 1997
at 4:00 p.111.
at tl1e Warre11 Cou11ty Office.
Re111ember tl1e purpose of tl1is 111eeti11g is to
1nake no1ninatio11s for the 11ew W orki11g
Group 111en1bersl1ip.
New Men1berships
Office of the Governor 1
Office of the Secretary, EHNR 1
Office of the Secretary Administration 1
Warren Cotmty Govenunent (Commissioner) 1
Health Department I
Grass Roots Enviromnental Community 2
Religious Community I
Private Citizens 9
F·CB l.dCIF:f< I t·.JG (3F:CII.JF" Fax :[phone] Jan 2 '97 11 :36 P.01
.JOINT \VARREN COUNTY/STATE PCB LANDFILL WORKING GROUP
720 Ridgeway Street
Warrenton, N. C. 27589
Office [phone] -Fax [phone]
Fax Cover Sheet
TO : Monica Porter 733-2120
Laura Butler 733-5317
Tommy Cline 733-1431
Nan Freeland 832-9100
Henry Lancaster 715-3060
Bill Meyer 715-6305
Ron Nixon 419-8315
Dennis Retzlaff 257-2897
Jim Warren 493-6614
FROM: Doris Fleetwood
DATE January 2, 1997
RE: Fax from Joel Hirschhorn
F'CB l.1.ll]F:f< I r·.JG 13F:DUF· Fax :[phone] Jan 2 '97 11 :37
January 2, 1997 ... . ........................................................ by FAX (6 pages)
To: Working Group Members
From: JoelfliTscbhon,
Through: Doris ---for immediate di.«ribution to all members by fax or mail
Subject: Attempt (probably by the state) to stop my acth,ities as Science Advisor
F·. 02
Attached is a copy of the letter I r~cently received from a ctate agl!:nty notifying me that some
unidentified part}' had filed charges against me that I have been pro"iding services that require a
~Ate professional engineer's license. This is harum:ient ofme by your state government. Also
attached is a copy of my response to the charges.
r believe that Bill Meyer, somc-0ne working for him, or some friend of bis filed the ch2.r:es. If the
Board issues a citation, then it will reveal the identity of the person(s) filing the charges; uthe
m2tter is dropped a.s a result of my letter, than the identify remains hidden.
I hope that those .members of the Working Group who genuinely and actively see1' to achieve the
fimdamentaJ goal of prntecting public health against the hazards poSM by the Warren County
PCB Landfill underst!llld how .dea.zy this kind of action by the stat~ is. The state govemment of
North Carolina pfacoo. the Landfill in Warren County. The state was responsible for constructing
a technically inferior landfill t.hit even the state eventually had to acknowledge contained some
o.ne million gallon! of leachate, contrary to all state and federal regulatory requirements. The
state was responsible for failing to conduct all legally required monitoring activities. The State
was responsible for failing to conduct the re.commended periodic monitoring for PCB ait
emis.§aons. The ~ate did not honestly acknowledge thAt feasible detoxification technology had
become llYtil.abl~ The state and its ~nrpathizers have nwupulued and coopted the Working
Group, rc:nderin.g it incff'cctivc for too long under th.e guise of a democratic, citizen participation
process. And the state has attempted to raise the license issue for both Scieoce Advisors. All
members of the engineermg license Board are appointed by the Governor, which raises a conflict-
of.interMt isme for the Board in r.hls matter. If the state: government has not protected the public
mterest for 11.II these yw~, why should Warren Coun.ty residents have ~nftdence in the Working
Group that the state controls.
The reside-nu ofW arren County should be angry. Indeed, they must he angry to be effective in a
difficult battle against the state government. Whenever United States citizens are betrayed by
their government -local, state or federal -they h2ve not only a right to be angry, but also a
responsibility to ch1&nnel that anger into using all legal, constitution.lily protected means of
obtai.uing justice and correcting the illegal or irresponsible behavior of government agencies and
1
F'CB l.1.IDFY I t·.JG (3RCILJF· Fax :[phone] Jan 2 '97 11:37 F'. 03
officials .
The state of North Carolina .has persistently misled its citizens and compromised protection of
public health. I know that my activities have been effective within the limits of being a Science
Advisor. But the uhimatc responsibility for obtaining justice and environmental pr0tection rests
with conccmed citiui,s. I hope that the non-state members of the Working Group support my
efforts to prevent the Board from stopping my activities u Science Advisor. The pre~umption
wa~ that concerned citizens wanted and needed ittdepend~nt Science Advisors as a means to
protect themselves from tb.e state. The state has now sho\W. that it remains committed to
thwarting genuine ttternpts to remoYe the hazards of the PCB Land611 and would rather remove
effective Science Ad,.,;sors than rem.ove the PCB wastts and detoxify the landfill .
. 2
PCB ldCIF:f<rnG GRCIUP Fax : 919-:::':,7-lCJ00 Jan 2 '97 11=38 F·. C14
NORTH CAROLINA STATE BOARD OF REGISTRATION
FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS
3620 Six Fork! Roa4 Suite 300
RAieigh, North Carolina 27609 -7197
Mr Joel S. Hirschhorn
Hirschhorn &. Associates
Suite 411 -240 l Blucridge Avenue
Wheaton, Maryland 20902
December 17, l 996
R.e: Case No. V97--007
Dear Mr Hirschhorn:
The North Carolina Swe Boa.rd of Rcautration for Professional Engineers and Land Surveyon
.id.ministers the provisions of the Enginemng and Land Surveying Act, Chapter 89C, of the North
Carolina General Statutes (copy enclosed) ·
Charics have been fil~ w1th the Board whieh alleac that you ma.y be in violatioo ofG. S 89C by
offering or providing professional ~g services "'ithout being properly licensed ~pecifieally, it
has come to the Board's attention that you may he r:,rovidina ~inecring servi~ c:oncemine work you
are prc,vidi~ for the Warren County TCB Landfill project G. S. 89C-23 specifically prohibits w
practice of prof~slonal engineering e.\ccpt for those individuals and firms that arc properly licensed. A
check of &ard records indicaks that you an: not ttgi,tered in accordance with this r~uiremcnt.
The purpose of this lcner is to ach.ise you that, in a.ccordana: with G. S. 8 9C. an im:e~tigation has been
1,utia.ted. You are requested to provide this office with your \\Tittcn explanation of, or comments on, the
charges alon& with any documents or papers which support your position in this inatter within fifteen (15)
business days of the receipt of this letter.
Should you have ai\y questions, you are directed to contact me at [phone], Ext 114.
AR/abt
Enclosure
CERTIFIED MAIL • R.etum Receipt Requt!sted
T•lephone
(919) 881 -2293
FAX
[phone]
Andrew Ritter
Senior Boa.rd fnvestigator
EMAn Addres5
nd:[e-mail]
'WEB Sitt-
www .ncbels.org
PCB WOFXrnG GROUF'
January 2, 1997
Andrew Ritter
Fax :919-2:,7-1000
North Cuotina State Board of Registration
For Profe,sioual Engineers and Land Surveyors
3630 Six T-'orks Jload, Suite 300
luleigh, NC 27609-7 197
Dea.r Mr. Ritter:
Jan 2 '97 11:38 F'.C6
&.,i1ea,1 ~n•,~:(301)949 lt'~!=i
,401 Blveridt@ Aver,ue F~: (301i 949 ~2::7
Wheil!0r", MD :,0902
In respon.~ to your letter of 17 December, my position is that I have conducted no
professional engineeririg senice1. requiring a license in North Carolina.
Note that my pocition is SCIENCE Adviaor, not engmeering advisor for the Joint
State/Warren County PCB LandfiD Working Oroup. A profeasional engineer's license was not
required by the state funded Working Gt-oup for the position. Toe Nonh Carolina Department of
Environment, Health and Natural Resources contracted me and at no time did the agency say that
I would he performing work that required a licmse. What is clear to me is that the Board is being
used by person• m ltate govcmment who are uilippy "'ith my findings that have been critical of
the ~ate government. The cllarg~i filed \\ith the Board constitute harassment by North Carolina
su.te govemment.
l beli~e that I bave perfon:ned no activity that ~ norm.ally a.uociated ~ the requirement
of having a profession.t.1 engineer's license In &ct. as a Sciet1ce Advisor, I have absolutely no
formal or legal authority or opportunity to conduct any professional engineering sen;ce. For
example, I cau authorize no spending, nor formulate or approve new engineermg designs, plans,
spe~ificat;ons, or cb-a·wmgs, nor make any decision or direct any per">n to do anything that could
be construed to be witllin the domain of a professional engineer. Nor have I performed any
profes.~011al engin~ work anhe land6ll site. nor do I intend to. I do not operate an
engineering practice in North Carolina, nor advertise to the public there offering profeuional
engineering sen-ices. I am not responsible for a project in a capacify such tbat my actinn& would
or could jeopardize the heahh, safety, or weU.being of the general public. All decisionmaking for
the Warren County Landfill re$ts entirely with the ltlte government.
[ have pedo~ environmental ~alysis based on roy re!ICarch and considerable expertise.
For example~ I have examio.ed the use of various en·vironmeatal cleanup technologies, but I would
oot provide an engineering design for actual cleanup of the landfill. I have examin~ regulatory
compliance iuu.es, but this is not performing profei.tianal engineering services. J have reviewed
and analyzed considerable environmental monitoring data, but this too is not performing
professional engineering services. I provide environmental advice, not profession.al engineering
1
PCB 1.iJIJRK rnG GROUP Fax:[phone] Jan 2 '97 11:39 F·. Of,
se~ices.
It is clear that my work as Science Advisor, which has been covered by '\i1riot1s news
n~dia in the state, has included identifyins numerout defieieneies with the state appro\'ed,
construct~ and operated Warren County PCB Landfill. Indeed, what the Board should be more
concerned with jg how licensed professional engineers in North Carolina allowed a hAz.atdoug,
waste landfill to be con~cted without a proper leachate collection ~em and, therefore_, ha"e
directly jeopardized public suet)'. This deficiency was proven by data showina that the i;ystem
has never operated efficiently or effectively since the land.fill was completed in 1983, in violation
of federal regulatory requirements. The state OEHNR has admitted for several years that some
one million gallons of leachate are in the landfiD, oontrarY to all government r@quirements. I '\\-as
the per!K>n that publicly revealed the absence of the perforated pipe leachate collection system that
had been a component of the state's original design in 1982 that wH approved by the U.S.
Environmental Protection Agency v.ben it provided both federal approval and funds. This is like
discovering that rem.forcing £teel bars wete not in$taUed in concrete support structures for a major
building.
Moreover, vou confirmed to me on Decmber 23 that William L. Meyer, the DirectoT of
the Solid Waste Divisfon of DEHNR, who functions as my contra.at supervi,or and project
manager and through whom all official state and engm~ actions are talceIJ for the Warren
County LandfilL does NOT h.ave a professional engineer's license. Most cit)\ state, and
government agencies require a professional engineer's license for employees wbo perform
responsible engineering duties. In my opinion, Mr. Meyer has performed such duties for the
Wmen County LtndfiO. How in the world oowd the Board argue to the public that I. as a
Science Adviso.r and contractor to the Gtate with no engineering respon,ibili1ie$ 01 authorities and
report.mg to Mr. Meyer, should haYe a liceo.se when he as the state's senior techti.ioal official
di.r.ectly in ch1r~e of the landfill doe, not need a license? To the extent that there are registered
and licensed profe~onal engineers in the Divis.ion of Solid Waste and to the extent that any of my
advice given to the Working Group is used by the Division at their own choosing, then my
findings have been produced under their req,onsible charge.
The charges filed with )'Our Bo:ard are a trauspueot attempt by disgruntle.<! state
employees to harass me and attempt to reaiovc me fron.1 serving the public interest as a Science
Advisor to the Working &oup. Tb.is is a classic situation of certain people who are unhappy with
a messaie attempting to shoot the mc,sc:ogcr. State agency personnel h.avc not had the dignity,
capability. or facts to directly refute the many deficiencies I have made known about the Warren
County PCB Landfill. Bec~use I 1111 pt.id with sr.ate funds, J am like a whwe--blower revetting
the failures of State eovemment, and now the state government is acting like a vengeful employer.
If your Board, all of whom are appointed by the Governor, serve~ thes.e narrow bureaucratic and
political sate intere~s and acts to thwart my performance u a Science Advi~r, tlten I intend to
file charges with the U.S . .Department of Justice because my legally protected civil au.d
constirutional righu \\>ill havi h~en denied. And if necessary I intend to seek legal assigtan~ &om
the American Cn-il Li"bcrties Union in this matter.
2
I.I_J....,?·l"ll l C: I _7f"JI .Cl
F'CB LLICIFX I t·~(3 GROUP Fax:[phone] Jan 2 '97 11:39 F·. 07
For the record, I Mve an earned Ph.D. in an engineering discipline from a major academic
institution, wll a full ten'Ufed profeiSOr of engineering at a leading university, am a member of the
National Society of Professional Engineers, and have a distinguiihed professional career 51>anning
some 30 years, including a senior position at th~ Congressional Office ofTec11!1ology Assemnent
If I h.ave unintentionally used the words engmeering or engineer ill any in.appropriate sense, I \\ill
of cow-se correct this behavior to be iu. compliance with state requirements. But as far as I know~
I have not intaitionally represented myself as a professional e.ngineer to the state agency that
contracted me or to the Working Group that selected me.
I have eamed tbe trust and confidence of the many residents of Warren County and the
£late 'Mio are genuinely and solely committed to protecting public health and environment by
removing th~ wucceptable hazard!, pose.d by the Warrc,:, Couaty PCB Landfill. I hope that the
901rd does not in any way support those parties who have been guilty of compromising the public
interest. l also hope that the Board is sensitive to conflict-of.interest issues, because Board
members are appointed by the Governor and it is the state government that is angry about my
findings and am.ice. ID. other word&., in this natter, the Board's own credibility and integrity are
jeopardized if it allow& itself to be used as an instrument of retribution by a uate agency.
Sincerely,
3
... •-""7 . ~, "'"'~r-, . ?n_o