NCD980602163_19791102_Warren County PCB Landfill_SERB C_Letter from AG to Smither Patterson re Warren County v State-OCR

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RUFUS L. EDMISTEN
ATTORNEY GENERAL
Mr . Norman B. Smith
~hrlr of ~ortl1 QiarLllimt
~e1wrtmrnt uf )Justicr
P. O . B ox 629
27 602
2 November 1979
Smith, Patterson, Follin, Curtis,
James and Harkvay
70 4 Southeastern Building
Greensboro, North Carolina 27401
RE: Warren County v State
Dear Norman:
This is to follow up our phone conversa tions of October 29 and 31
c oncerning State assistance to Dr . Mulchi in performing soil
a nalysis at the proposed War ren County disposal site.
As I indicated, it is our position that the tests that have been
p erformed establish that the soil on the site is sufficient in
quantity and quality to meet the EPA requi rements for soil liners
set forth in 40 CF R 761.4l(b). We dis cussed the possibility o f
further t esting with a view toward satisfying Dr. Mulchi's con-
cerns and possible settlement of the case.
After looking into the State 's c apability with respect to soil
a nalysis I have learned that there is no State agency with the
capability to p erform some of the tests required. The State is
s till in a position to offer reasonable assistance to Dr. Mulchin
in t aking soil samples .
If Dr. Mulchi wi ll s ubmi t a proposal of the services you required,
I will consult with the various State agencies to determine the
assistance which they may be able to provide.
I was unaware until this week that the State does not have the
capability to perform some of the soil tests which a re relevant
in determining certain soil characteristics, and that the State
had used private engineering firms to perform the tests pre-
v i ously done. I trust that this discovery will not preclude
us from continuing our discussion concerning settlement o f this case.
"'
P age Two
2 November 1979
We are very interested in a qu.ic:-: reso i ution of this matter. Fo r
t his reason I would appreci ~tte a promt;t r esponse .
\'JAR , Jr/dw
bee : Burley B. Mitchell
Jack Cozort
Bi ll Strickland
Bill Myers
Vance Holt
Bob Adams
Sincere ly ,
r,:CFUS (,. EDMISTEN
/\ t torric~y General
W. A. Raney, Jr. /
~:p ;:~cial Deputy Attorne y Genc r ul