NCD980602163_19900306_Warren County PCB Landfill_SERB C_Warren County vs State of North Carolina - Amendment to Answer First Set of Interrogatories-OCR

RUFUS L. EDMISTEN
ATTORNEY GENERAL
MEMO TO:
FROM:
RE:
Jibdt of ~orlq a!arolhm
~epudm1mt nf 3Jmdic.e
P. o. Box 629
RALEIGH
27602
6 March 1980
Bob Adams, Bif er, Dave Kelly
Bill &
Attac hed An swer ta Inter rogatories -Warren County
PCB Disposal
Please t ake a look at the answers which I have p repared
t o the Seco nd Set o f Interrogatories. I believe they accurately
reflect the discussion at our meeting on March 4. If you see any
errors or have any suggestions, please contact me by 3:00, Tuesday,
March 11.
/dw
encl.
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION
No. 79-560-CIV-5
WARREN COUNTY, ) AMENDMENT TO ANSWER TO FIRST SET
OF INTERROGATORIES
v.
STATE OF
Plaintiff,
NORTH CAROLINA,
)
)
)
)
)
ANSWER TO SECOND SET OF INTERROGATORIES
TO DEFENDAN'JS STATE OF NORTH CAROLINA
AND BURLEY B. MITCHELL
et a l., )
Defendants. )
TO: Norman B. Smith
Smith, Patterson, Follin,
Curtis, James & Harkavy
704 Southeastern Building
Greensboro, North Carolina 27401
Charles T. Johnson
Attorney at Law
P. 0. Box 646
Warrenton, North Carolina
27589
Pursuant to Rule 26(e) and Rule 33 of the Rules of Civil Pro-
cedure I hereby serve upon you the following Amendment to the Answers
to the First Set of Interrogatories and the Answers to the Se cond
Set of Int errogatories to Defendants State of North Carolina and
Bur ley B. Mitchell served on defendants .on February 18, 1980.
AMENDMENT TO FIRST SET OF INTERROGATORIES
1 .1 The total cost stated on page four (4) of Answer s to
Interrogatories to Defendants State of North Carolina and Burley B .
Mitche ll does not include the disposal fee which would be char ged
by the operator of the Alabama site. The State has been unable
to secure an estimate of the fee which would be charged by the
operator of the site.
ANSWER TO SECOND SET OF INTERROGATORIES
6. (a). The Che mical Waste Management Division of Waste Manage-
ment Inc. (Company) has been contacted on several occasions. They
have declined on each occasion to quote a price for disposal of the
PCB contaminated soil. On the latest contact they declined to quote
a price for transportation and disposal. From recent discussions
with the Company it is apparent that they do not have the number of
trucks necessary to provide a continuous pick up operation as pro-
posed by the State of North Carolina. In response to questions by
State officials, Company officials also indicated that the truc ks
capable of carrying a 40,000 pound load could not be used in the
type of pick up and loading operation proposed by the State.
-2-
Waste Management further informed the State that its base price
for transportation and disposal had gone up from $2.24 per loaded
mile to $2.96 per loaded mile. This price does not include the
cost of loading.
6. (b). No, the defendants State of North Carolina and Burley
B. Mitchell do not agree that the total transpor tation cost would
be $3,386,880. The basi s for this disagreement is that the
Company has refused to give an estimate to the State on the
cost of transportation and disposal. The Company has indicated
that if they would agree to accept the waste at all that the price
would have to be negotiated.
6. (c). From our contacts with Waste Management Inc. we do
not believe they have the present capability to engage in the loading
and transport of the PCB materials nor is there any indication that
they would do so if they had the capability.
This the day of March, 1980.
RUFUS L. EDMISTEN
Attorney General
By --::-:=---=---=-----=--------------w. A. Raney, Jr.
Special Deputy Attorney General
P.O. Box 629
Raleigh, North Carolina 27602
919/733-5725
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of
the foregoing AMENDMENT TO ANSWER TO FIRST SET OF INTERROGATORIES
and ANSWER TO SECOND SET OF INTERROGATORIES TO DEFENDANTS STATE
OF NORTH CAROLINA AND BURLEY B. MITCHELL, on the attorneys of
r e cord by depositing copies in the United States Mail, postage
prepaid, addressed as follows:
Norman B. Smith
Smith, Patterson, Follin,.
Curtis, James & Harkavy
704 Southeastern Building
Greensboro, North Carolina 27401
Charles T. Johnson
Attorney at Law
P. 0. Box 646
Warrenton, North Carolina 27589
William W. Webb
Assistant U.S. Attorney
Federal Building
New Bern Avenue
Raleigh, North Carolina 27601
This the day of March, 1980.
RUFUS L. EDMISTEN
Attorney General
W. A. Raney, Jr.
Special Deputy Attorney General
STATE OF NORTH CAROLINA
COUNTY OF WAKE
-3-
VERIFICATION
W. A. RANEY, Jr ., first being sworn says:
That he is attorne y of record for the State defendants in this
action and t hat the foregoing answers were prepared b y him and under
h is supervision by various employees of the North Carolina
Oepartment o f Transportation , North Carolina Depar tment of Human
Re sou r ces, and the North Carolina Department of Crime Control a nd
Public Safety and that the same are true to the best of his
knowledge save and e xcept those matters stated on informati on and
b e lief, and as to those matters he believes them t o be t r ue.
W. A. Raney, Jr.
Spe cial Deputy Attorney General
Sworn to and subscribed before me this the
March, 19 8 0.
My Commission Expires: 3/ /83
(SEAL )
Notary Public
day o f
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