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HomeMy WebLinkAboutNCD980602163_19951205_Warren County PCB Landfill_SERB C_Investigation - Pauline Ewald, 1994 - 1995-OCRState of North Carolina Department of Environment, Health and Natural Resources Division of Solid Waste Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary William L. Meyer, Director NA DEHNR December 5, 1994 Mr. Henry Lancaster Director, Legislative Affairs Department of Environment, Health, and Natural Resources 51 2 North Salisbury Street Raleigh, NC 27604 Dear Henry: As a co-chairman of the Joint Warren County and State PCB Working Group, you are familiar with the personal services contract that the Division of Solid Waste Management has with Ms. Pauline Ewald of Ashland, VA. The scope of this contract is to provide technical, scientific assistance to the Working Group directly and the citizens of Warren County indirectly. A copy of the agreement is attached. The purpose of this letter is to highlight for you concerns I have about the performance of this contractor. As contract administrator for this effort, I have not received any oral or written communication with Ms. Ewald since approximately August 1 2, 1994. This is a period of 4 months in which various calls have been made, materials delivered, or other attempts at contact made, yet, she will not respond to any inquires or requests. (Her company telephone is on an unattended answering system; Federal Express delivery sometimes requires multiple days attempt because no one is present to receive the delivery). As a direct result of this lack of response, the technical results of the major chemical and physical sampling of the landfill and its environs, conducted on July 27 and 28, remain unreviewed or reported. This information is needed for the forward working progress of the efforts of the Joint Working Group and the routine maintenance of the Landfill by the state. Because we have had no contact with Ms. Ewald except indirect receipt of her bill for services, which was immediately paid, it is impossible to speculate on the cause or intent of Ms. Ewald's lack of response. Furthermore, the forward progress of the Working Group is constrained without open, professional communications on the part of all participants, particularly those charged with just such communication roles. Individual members of the Working Group (Terese Vick, Billie Elmore, and Ken Ferruccio) indicate that they have had contact with her, but she has made no response to any inquiry on our part. I ask for you counsel on handling this matter. xc: Bill Meyer Doris Strickland -v~ ~~Rogers Assistant Director P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-4996 FAX 919-715-3605 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper : o/L.,b • rs,~ end Naanl ..._._ DtnilaDolo...JS.-. AGREEMENT INFORMATION l I. PARTIES 101HlS AOllEEMENT: A. 1'"'91::-:-:"'--------------, .... BILL MEYER (919)733 14996 PCB LANDFILL 2. 1TI1.E OF AOllEEMENT: B. rr.-..;;;---------~ PAULINE EWALD . .. . 3. PURPOSE OF AOllEEMENT: RECOMMENDATION OF EVALUATION PROCEDURES, METHODOLOGY FOR WATER REMOVAL, DETOXIFICATION TECHNOLOGY, AND LONG-TERM CONTROLS FOR PCB LANDFILL IN WARREN COUNTY. 4. TIME PERIOD OF AOR.EEMENT: Beslnnln, Datt~~:},:_ Endina Date ~.2.-/__E_ Man~~, Y• Moe~~, Ym 5. AOREEM.ENT STAllJS: £3 New O ContinuJna O lleviled Year oflnldal A,reement 9.J -o/ t/ 6. flSCAL INFORMATION: Does thla .,reanent Involve dllbunement o( fund,? g--&om Dept. D ID Dept. D No I Fedenll I Seate . I 82,950 SUBHEAD: Fund _l 7_6_o __ _ OBJ 1990 JlOC 7621 PROO 0094 GENERAL SERVJC£S USE ONLY PAYMENT SCHEDULE: PAYMENT UPON RECEIPT OF INVOICES (P.AYMENT AT RATE OF ~5 EER HOUR; CONTRACT .AMOUNT NOT TO EXCEED;$82,950) 7. NEED STATEMENT: SERVICES A..~E NEEDED TO PROVIDE TECHNICAL EXP.ERTISE, GUIDANCE AND LEADERSHIP IN THE IDENTIFICATION, DEVELOPMENT, AND IMPLEMENTATION OF TASKS IDENTIFIED BY THE WARREN_ COUNTY/ STATE PCB WORK GROUP TO ADDR~.s THE PCB LANDFILL PROJECT. 8. JUSllFlCA TION: Daoot 2500 (ltmaed ll/89) o-nJ Sc:mca (P.mrw ., /91) CONTRACT NEEDED AS STAFF IS NOT AVAILABLE TO PERFORM THESE TASKS. . % N.C. Dq,amnmt of Environment, Health, and Natural.~m,/,_ lv . Oiviaion of General Services :; /IO/ 'f r Page _L of ...L.. CONTRACT BUDGET Contract N~. •-□@@[I)@ 05/01 1 94 £ffecti~ -Da-te-- 05 / 0 l 95 __ _,, __ _ T erminidon Date SOLID WASTE MANAGEMENT C-ontnct System No. Iz) ~ GJ ~ [Z] ~w Purchase Order No. ll) ~ l2J [2] 0• Divislon/SectlonlPrOll'•m For Fiscal Year __ _ Revision No. 0 D PAULINE EWALD PCB LAND. F~ILL Contractor: -----------------Purpose: ------,-'-P<i"------....;..---- PAULINE EWALD o" gc: 11,, /\ Q Project Director: --------------Total Budget:$ _e_,_, __ .,_· _7V~'--().;;.c.,;~----,,--...,...,.--$40, 00 budgeted in Revision 12-0365 for first half of this contract. Portion of the $40,000 not used in FY93-94 to be carr ied forward; additional funds to be budgeted in FY94-95. ITEM DESCRIPilON PCB LANDFILL GENERAL CONTRACTED SERVICES FUM.d; t2 e -ry 7 <f 11~0-lrr1J-70t/-oo ?</ Conttactor Authorized Official DEHN'R 2<82 (R"iled t t 1891 ITEM CLASS NO. SVC;CNTR t>lOO , / ~ DEHNR CONTRACTOR CONTRACT AMOUNT AMOUNT I -fltJ ,o~tJ,t:YO I .&2,959:P' I I I I I I I I ' I I I I I I I ' I I I I I I I I I ' I ' I I I I I I I ' I I I I I I I ' I I ' I ' I I I I I I I I I I I I I I ' I I I I I I I I I I .. I I I I I I I I I I I I I ' I I I I STATE OF NORTH CAROLINA COUNTY OF WAKE CONTRACT NO. V _ 4 .Q 3 .Q CONTRACTOR'S FEDERAL 1.D. OR SOCIAL SECURITY NO. 099-52-2339 THIS AGREEMENT, made and entered into this 3rd day of May, 1994, by and between Pauline M. Ewald, hereinafter referred to as "CONTRACTOR", and North Carolina Department of Environment, Health, and Natural Resources, hereinafter referred to.as "DEPARTMENT'; W I T N E S S E T H: THAT WHEREAS, the CONTRACTOR has submitted to the DEPARTMENT a proposal for the performance of certain technical or professional services; and WHEREAS, the DEPARTMENT desires to enter into a contract with the CONTRACTOR to perform the services set out in the proposal; NOW, THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set forth, the parties hereto do mutually agree as follows: 1. The CONTRACTOR hereby agrees to perform in a manner satisfactory to the DEPARTMENT, the work described in "ATTACHMENT A" (Scope of Work -PCB Landfill) which is incorporated as a part of this contract. 2. The DEPARTMENT hereby agrees to pay the CONTRACTOR a sum of money not to exceed EIGHTY-TWO THOUSAND NINE HUNDRED FIFTY DOLLARS ($82,950.00). This amount is based on the hourly rate and time estimates shown in "ATTACHMENT B" (Preliminary Time/Cost Estimate) which is incorporated as a part of this contract. This payment will be full and complete compensation for services to be rendered under this agreement. (a) Payment for services will be made upon receipt of expenditure reports (DEHNR 2481) or invoices from the CONTRACTOR documenting the costs incurred in the performance of work under this contract. (b) Expenditure reports/invoices are to be submitted to the . Contract Administrator at least quarterly. Final expenditure reports must be received by the DEPARTMENT within 45 days after the end of the contract period. (c) Amended or corrected expenditure reports must be received by the office of Fiscal Management within six months after the end of the 1 of 4 CONTRACT NO. V _ 4 Q ~ Q contract period. Any reports received after six months will be returned without action. 3. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of the DEPARTMENT. 4. None of the work to be performed under this contract which involves the specialized skill or expertise of the CONTRACTOR or his employees shall be subcontracted without prior approval of the Contract Administrator. The Contract Administrator must approve all subcontracts. 5. The CONTRACTOR is an independent contractor and assumes all responsibility for self and does, therefore, hold harmless the Contract Administrator for the DEPARTMENT, the DEPARTMENT or any other state government persons for payment of federal and state taxes and any other required payments. This Agreement will in no way be construed to constitute an employer/employee relationship. 6. The services of the CONTRACTOR are to commence on the 6th day of May, 1994, and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this agreement,· but in any event, all of the services required hereunder shall be completed by the 5th day of May, 1995. 7. If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner the obligations under this agreement, the DEPARTMENT shall there upon have the right to terminate this contract by giving written notice to the CONTRACTOR of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the CONTRACTOR shall, at the option of the DEPARTMENT, become its property, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The CONTRACTOR shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of this agreement, and the DEPARTMENT may withhold payment to the CONTRACTOR for the purpose of set off until such time as the exact amount of damages due the DEPARTMENT from such breach can be determined. 8. The DEPARTMENT may terminate this agreement at any time by notice in writing from the DEPARTMENT to the CONTRACTOR. In that event, all finished or unfinished documents and other materials shall, at the option of the DEPARTMENT, become its property. If the contract is terminated by the DEPARTMENT as provided herein, the CONTRACTOR will be paid in an amount which bears the same ratio to the total compensation as the services 2 of 4 CONTRACT NO. V _ 4 0 3 0 actually performed bear to the total services of the CONTRACTOR covered by this agreement, or for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The CONTRACTOR shall repay to the DEPARTMENT any compensation he has received which is in excess of the payment to which he is entitled herein. 9. The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the DEPARTMENT. · 10. The DEPARTMENT may, from time to time, request changes in the scope of the services of the CONTRACTOR to be performed under this agreement. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation, which are mutually agreed upon by and between the CONTRACTOR and the DEPARTMENT, shall be incorporated in written amendments to this contract. 11. Any information, data, instruments, documents studies or reports given to or prepared or assembled by the CONTRACTOR under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the DEPARTMENT. 12. The filing of a petition in bankruptcy or insolvency by or against the CONTRACTOR shall terminate this agreement. 13. The CONTRACTOR shall not assign or transfer any interest in this . agreement. 14. In accordance with Federal regulation CONTRACTOR certifies that he will not engage in the unlawful manufacture, distribution, dispersing, possession, or use of a controlled substance in the performance of this contract. 15. No reports, maps or other documents produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 16. It is agreed between the parties hereto that the place of this contract, its situs and forum, shall be Wake County, North Carolina, and in said County and State shall all matters, whether sounding in contract or tort relating to the validity, construction, interpretation and enforcement of this agreement, be determined. 17. The CONTRACTOR agrees that the State may have the right to audit the records of the CONTRACTOR pertaining to this contract both during 3 of 4 CONTRACT NO. V _ 4 0 ~ Q. performance and for 36 months after completion or termination. The CONTRACTOR must retain all records relating to this contract and allow employees or agents of the DEPARTMENT to inspect such records during the period of time set out herein. 18. The CONTRACTOR agrees that he shall be responsible for the proper custody and care of any State owned property furnished him for use in connection with the performance of his contract and will reimburse the State for its loss or damage. 19. Bill Meyer is designated as the Contract Administrator (project coordinator) for the State. However, any changes in the scope of the contract which will increase or decrease the CONTRACTOR'S compensation shall not be effective until they have been approved by the DEPARTMENT Head or Authorized Agent. IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENT have executed this agreement in duplicate originals, one of which is retained by each of the parties, the day and year first above written. CONTRACTOR By~ 0-£.wM Contractor's Signature c Pauline M.Ewald Typed Name WITNESS: Approved as to Form: Attorney General of North Carolina NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEAL TH AND NATURAL RESOURCES }Jonathan B. Howes, Secretary Director' --:..---. _ · ,· ~I /"'\ Div. of General Sel\lices · \ eyN!o j C{ I ~__) c1:, ><-'.W- Department Head's Signature or Authorized Agent WITNESS: Signature DUPLICATE ORIGINAL 4 of 4 ATTACHMENT_A . SCOPE OF WORK-PCB LANDFILL I. RECOMMEND PROCEDURES FOR EVALUATION EXISTING ENVIRONMENTAL CONDITIONS AT LANDFILL 1. Develop health and safety plan for all contractor personnel and on-site observers. 2. Water fluctuation study. 3. Leachate (water in landfill) volume study. 4. Gas venting study. 5. Top liner evaluation. 6. Bottom liner evaluation. 7. Groundwater monitoring system study. 8. Leachate system evaluation. 9. Water treatment system evaluation. 10. Surface water/sediment evaluation. 11. Vegetation evaluation~ 12. Chemical/physical sampling and analysis including all toxic constituents and specifically dioxin and furans. 13. Human, animal and wildlife evaluations. 14. Identify indirect impacts of PCB landfill. 15. Other evaluations/studies identified by working group. II. RECOMMEND METHODOLOGY/TECHNOLOGY FOR REMOVAL OF WATER FROM LANDFILL l. Feasibility study of removing water from landfill relative to protecting landfill integrity and detoxification efforts. 2. Design system for removal of water, treatment and on-site disposal. a. Alternatives include using existing systems with modifications or designing alternative system(s). III. EVALUATE POTENTIAL TECHNOLOGIES FOR DETOXIFICATION OF . . MATERIALS IN LANDFILL 1. Review published data on technologies including chemical, physical, biological and thermal (excluding incineration) amenable to detoxification of PCB materials. 2. Select applicable technologies. 3. Identify and select vendors with existing capability to apply selected technologies for detoxification of landfill. 4. Invite selected vendors to make presentations for proposals to detoxify landfill. Presentations should include all technical aspects and risks associated with technology, probability of success, on-site disposal of residues, schedules and budgets, cost and financial capability (liability and assets) of vendor. 5. Select applicable/successful technologies and determine cost estimates. IV. RECOMMEND DETOXIFICATION TECHNOLOGY(S) AND BUDGET FOR IMPLEMENTATION FOR FUNDING/APPROPRIATION TO GENERAL ASSEMBLY 1. Propose detailed reports and data sufficient to provide General Assembly with information to make decision for funding. ·2. Plan efforts to work with elected officials at all levels to build support for detoxification. V. RECOMMEND LONG-TERM INSTITUTIONAL CONTROLS FOR OPERATION AND MAINTENANCE OF PCB .LANDFILL l. Plans developed for monitoring and upkeep of site. 2. Responsible agencies assigned for monitoring and care of site. 3. Budgets for long-term care. 4. Contingency plans in place for unanticipated events. VI. PERFORM OTHER TASKS AS IDENTIFIED AND APPROVED BY THE JOINT WARRE~ _ _cOUNTY/STATE PCB WORKING GROUP E NVIRONMENTAL COMPLIANCE 0 RGANIZATION ATTACHMENl B 106 Robinson Street Ashland, Virginia 23005 PROFESSIONAL \\TASTE :MANAGEMENT CONSULTANTS (804) 798-4305 PRELil\UNARY Tll\1E/COST ESTl1\1ATE SCOPE OF ,voRK NORTH CAROLIXA PCB LANDFILL PROJECT I. RECOMMEND PROCEDURES FOR EVALUATION OF EXISTING ENVIRONMENTAL CONDITIONS AT THE SITE Perfom1 in O\'ersight-assistance capacity for items 1-14 to include on- site obser\'ation and split sampling designated under item 12. TIME ESTIMATE: 373 man hours COST ESTIMATE: 373 man hours XS 75.00/man hour= 2 roundtrips of approximately 400 miles @ $ .25/ mile = S 28,175.00 II. RECOMMEND METHODOLOGY,TECHNOLOGY FOR REMOVAL OF WATER FROM LANDFILL Perfonn in an oversight/assistance capacity including written reports for listed tasks 1-2 TIME ESTIMATE: 175 man hours COST ESTIMATE: 175 man hours X $75.00/man hour= 2 roundtrips of approximately 400 miles@$.25/ mile= S 13 ,325.00 . PRELL\111':4Rl' TIJIE/COST ESTIMATE SCOPE OF WORK ,\'ORTH C4ROLI.\:4 PCB L4.NDFILL PROJECT PAGE2 III . EVALUATE POTENTIAL TECHNOLOGIES FOR DETOXIFICATION OF MATERIALS IN LANDFILL Perform in an oversight/assistance capacity for items 1, 2, 3 and 5 to including written reports for items 1,3 , and 5 TIME ESTIMATE: 350 man hours COST ESTIMATE: 350 man hours XS 7~.00/man hour~ 1 roundtrip of approximately 400 miles {[j) S .25 :mile = S 26,350.00 Time for item 4, cannot be estimated prior to better understanding the pool of potential Yendors. ECO participation in this task will be billed on a straight time -cost basis. IV. RECOMMEND DETOXIFICATION TECHNOLOGY(S) AND BUDGET FOR IMPLEMENTATION FOR FUNDING/APPROPRIATION TO GENERAL ASSEMBLY It is not clear that ECO's assistance would be required for tasks 1 and 2 under this SOW heading. Should ·ECO's assistance be required, it would be billed on straight time + cost basis. ENVIRONMENTAL COMPLIANCE 0 RGANIZATION PRELLUJN-tRY TL\IEICOST ESTI.AL-t TE SCOPE OF J:VORK NORTH C4ROLIN.4 PCB L4.YDFILL PROJECT PAGE3 V. RECOMMEND LONG-TERM INSTITUTIONAL CONTROLS FOR OPERATION AND MAINTENANCE OF PCB LANDFILL Perfonn in O\'ersight!assistance capacity for items 1 and 4 to include preparation of detailed site closure report. It is not clear that ECO would significantly in tasks 2 and 3. TIME ESTIMATE : 200 man hours COST ESTIMATE : 200 man hours XS 75.00/man hour= 1 roundtrip of approximately 400 miles @ $ .25 /mile = S 15,100.00 VI. PERFORM OTHER TASKS AS IDENTIFIED AND APPROVED BY THE JOINT WARREN COUNTY/STATE PCB WORKING GROUP ECO may be a\'ailable to perform additional ,vork outside this SOW at a fiat rate of S 75 .00/man hour, Senior Technical Staft~ plus travel, supplies and per diem expenses at cost. TOTAL ESTl1\1ATE TI:ME THIS PROJECT: TOT AL ESTII\1ATED COST THIS PROJECT: 1,098 MAN HOURS $82,950.00 ENVIRONMENTAL COMPLIANCE 0 RGANIZA TION 12 /15/95 12:24 FAX 9514390 . ~ BETHESDA This TO: GAZETTE NEWSPAPERS 4815 Rugby Ave. • Bethesda, 1vID 20814 (301)951-4390 TELEFAX COVER LETTER is page ___ of pages lfct= we . .s FROM: ___ M_--A,...L.__:,..----..1-==--- DATE: TIME= Return fax #1 ■301-951-4409 14!003 , 12 /15/95 ' 12:24 FAX 9514390 V ·l ~ .t1. f\ L)· .r., (4)001 ETTR Vol. 7, No. 45 _ . Wedr'lesday, November 22, 1995 NIH soil . ... , ; consultant .. suspen~ed ::·EPA probes Ewald - by lllyra llensll Patns Sl.iff Writer . 'Jlie (1'S. Environmi:iiit:if .Pmtection . --· .--....~-' Agency is inve5ri~'tin~ the crcdenti:ils nr consulcan( Pauline Ewald, whn was hired in June by the Natinn:il Institutes of Health tn !inpervise !iQil-testing on the lkthe~da campus. . uEwald doe-; not have credentials she claimed she hadt said M:iry Willjs.. Clarke, a lawyer in the EPA'~-~n . .., ... __ . _,_;md-Detnrl'nC7tt-Gi,-mon. · EPA ha:. s11,~pended Ewald for up ro 18 mnnths from pining ;111y 11c.w federal con- ttacts nr fmm doing business with groups · · , : plannint to -pay het with fedcral funds, Clarke said. . A random check by · the Gazette of in- stitutions :ind organizations ciced on Ewald's resume found ~ever.ii discrep~n-ciC!i. -. · For example, Syracuse Univer~iry'~ rcgisrr.u'i: office wld r.he Ga7.ctte nn Mon- day there is no rccori.l char Ewald ever did lr&duare work in hiix:hemi:my \It Syra- cu~e. though her rcsume said she was a· gr:1d11:ate. Some profr:---siomd organizations li~(cd on her resume dn not h:ivc :i record of her membetship. Ewald, president of Envimnment:il Compliance Or~nizadon in A~hland, Va... is also under invl:!ltiJ1;ation by rhc Penn:iyl• vania inspector i:cneral in connection with her consulting work for a citizen!. ~up in Apollo,· Pa., in 1992 and 199.l. There, ew-ald was hired co oversee the cleanup of a n11clear fucl plant, said Betsy Mallison, · spokesman for the Pennsylvania DefJlln- mcnt of Environment.al Protection. Malli- son said Ewald WU paid $450,000. . "We didn't receive ;;i product th:n 'llr;s worth $450,000," M:illison siid. Mallison said the Pc11n51lv.mi:i irispc:ctor g;:neral, who rc::PQT15 to the governor, will issue a repon in several month!I.. . . Ed Berkey, president of the Center for Ha7.ardous Materials Research in ritt.~- bu~h, :i non-pmfit nrg:mi~tion that car• ric.~ nuc enviroi,inental studie.,;, which contracted with Ewald e:t the request nf a citi1.cns . group, told rhe Gazeue that Ewald"s report nr wide!iprcad rndi:ition concaminarion "was (Umplctcly im1ccu- rate." He said l~wald "projected herself as havinJ!!!, a la(J!;I:'; :si:atr availahlc. flm only three people worked on the contract, in- cludin~ her mother." · Contactc,d in her Ashland officr:, Ewald ~_fc."~d 91!,~ri~ tn ~etja"".}'c~,. All11_n_ (?p- Cook Crlltlno DIP. of Flldge"fell'a Catiarlng In Bethffda, tak~■-lurk8" ,ofl 116 ~ to prepare for 1h Ridgewelrs Is cooking more than 300 turkeyg ror area 1'88fdenlB 1111s year. The business of Thanksg by Myra -sh Patns Starr Writer Une~ anyone still cook a turkey at home for Thanksi:ivinJ,";? The answer seems to be fewer and fewer people, say Bethesda cuerers and rcstaurancs deluged by reservatioll$ thi!;· ···rNSIDE year (or turkey and all th.: trimmings. Surron Place Gourmet in Wildwood Shoppin~ ~ntcr' in Bclhcsda has had so many orders for turkeys -more than 300 -it ~topped t:i.king ordets on Monday aftemOt'Jn, said Kathc:nne Newell Smith, vice:: president of com- tnunieations. "Th, matic;::dly incf~SC( :and m(lte people ;t dlly before Thanlt5 Ridgewell's Cs Mtrio Andrade ffi See Thnla • 12 /15 /95 12:24 FAX 9514390 BETHESDA ... .. ! tOaitette WALD 1tinued from page A-i aminated soil' at the former :J & Maguire chemical plant Iolbrook. The EPA alle_gcs Ewald ·submitted inaccurate 1ments about Jlcrself and ,le ·she claimed were her sc- staff when she gained the >rook contract. · · · ondit would · not discuss questions about credentials nitted by Ewald for the )rook grant or for any other .. . fhere are u~doubtcdly an- s to everything and that's : we'll provide. I don1t , there is anything signifi-• in any way. Most of these ~es will be dismissed," he ondit sai<l the · suspension deprived Ewald of her :e of income and that she take seek damages from ~overnment. "She can't do ,ing in the field," he said. the equivalent of putting a )ck on Macy's," ary Willis Clarke, an attor- in the EPA's Suspension Debarment Division in 1ington, acknowledged the EPA . Region 1 office red the Ewald case to her ~ but denied that retalia- played any role. Clarke the office is strictly con- :d with maintaining the .e;rity11 of EPA co_ntracts. lur whole mission is to en- those . who do business government money are re'=' ;ible. I do not report to re-· I administrators," Clarke said. "People get proposals be- cause of their credentials. 1 ' The EPA suspended Ewald on Nov. R for up to t~ months from gainin~ any new federal contracts or from doinJ?; busi- ness with p;roups plannin,g to pay her with foderal funds until the EPA .completes its probe. · Ewald may ask for a public headng and submit documents that rebut allegations, Clarke said. When the EPA concludes its investigation, it may seek to ·ue- bar Ewald, Clarke said. Ewald, president or Environ- mental Compliance Organiza- tion in Ashlaa:id, Va., was paid about $600,000 through a dozen earlier EPA _grants to citizen ~roups in Arkansas, Norrh C.ar- olina and elsewhere in rhc last several years, said EPA officia Is in Region 1. Condit works for . the Gov- ernment Accountability Project, a non-profit group with offices in Washin~ton1 D.C., and Seat- tle, Wash., which specializes in representing whistle-blowers. Condit represented Ewald in a series of unsuccessful lawsuits after she claimecJ she was fired from her job as director of a Vir- ginia state Superfund· program . . in the mid-1980s because· ·she warned the EPA that -che state failed to address leaking toxic dumps and misused federal gran~. . _ The U.S. Courc ·of Appeals (Fourth Circuit) rejected that argument in 1992, saying that Ewald's complaints about the EPA came after she had already piled up a long record of poor job performance reviews for .. which she was fired. '.-·, ' -1.- Cond it and others from'· the Government , -Accountability Project recommended Ewald to the North Bethesda Ctmgress of Citizens Assodations about two years ago when the c:bn- gress was looking for a techni- cal advi~•tr _to· help it fight med- ical wttste 'incineration at NIH. The congte'ss· nevet paid Rwald any money and eventually part- ed ways with her when she rec- ommended dropping incinera- tor emissions testing and other steps in favor of soil testin~; Condit and others at the Government Accountability Project recommended Ewald for EPA contracts at numerous other sites around the country.• Ewal<l hired Condit for at least one contrac:t and he has con- ferred on others. The EPA inspector ~eneral in the agency's Washington of- fice is conducting a criminal in- vestigation into Ewa.Id's EPA contracts. The inspector _gener- al or the U.S. Department of Health and Human Services is reviewing credentials _ Ewald submitted for her NIH con..: tract. Ewal<l is also under investi- gation by ~h~ Pennsyivania in•_ specfor general for work she did durinp; a cleanup of a Su- perfund site in Apollo, Pa. She was pai<l $450~000_ for the work in 1992 and J993i·,: ·. ·· · _ _.-: .·. NIH · paid Ewald ::· '.about $26,000 la~t summer (or her role in overseeing a test of soil to learn if now-defunct NIH ifi- cineratoU ··:-had ·polluted the campus, She, fotlnd · little evi- dence or contamination. 14]002 NIH 'SOil consuiiffft~~?,~js sll-~P~~~~<l ·by !ifjJJ by Myra Mensh Patner·. Ewald is thf)"usc~?,5ui~~<;;vers~~)% ;,;: ...• Staff Writer,::,:;:."· i · pended from ~-f;.EPAs..~~h~cal_3S:il!l:V- •.: .. ··,\:· L;~:~:~; 1;fi: . . tance grant t1Progr;in:i;"k~a1d .. ~¥W.e ._ The U.S. Environment.al Procection . McGagh, who:ftianages the'program· m Agency. has suspended NIH consultant Region;J . ;_-sfh.i;fis exi;remely)are,,Jlle.;;- Pat.iline Ewald. from . working on· federal first case iif anygiing:likctthis;"-.McGagh ! . contracts for,90. days,tpending;an inves-addE~ld al. :s. 0·J,.p;•~:~.~-;1n\'ie~."·~n'1~es~\:~_':t'""i0:~0.: n. ~b·.·_\y\'_,··.·'!_ tigation of her"qedentials.·0.',= -~ : / ; ~.. .... a nnv ""b- . Startii:i,g 'al~ost ftwo y"earsi ago, .. the. Pennsylvap.To.. . .inspeccofgencrarfor L Ewald.began advising a citizens group work she did ~a consulranc'ro'·atiti.: .. ., -that-is fighcin:g ;to stop medical ~aste zens grouf1nfA,,$_ollo, Pa~; in~1992J1~d _.;· 'incineration ()n:.the Bethesda campus 1993. There, ~lie'.'O~ersaw0:therclea9uptw of the :National Institutes :of Healch. · of a riuclearifii't;flrpJaiic;:i;aicP-'-Becsy~ .She was later hired by NIH to conduct Mallison, . ~pokesman .. for .· the1~· soil testing:· , , . . : · . ,. : ' · Pennsylvania,,.· .. · Department -:t::Pf : ' ?;'We-'have issued a suspension for 90 E~vironmcn~_l ~P!otection:)jaJI~~~-f:- ;days while: y,e conduct.~ investigation said Ewald was p?,td $450,0()0.c,i· :.)-,~--~,: and look into·_:debarring:•Ewald,1 ·said. "We,~i~n't:.f~l,J~-\vas ~ complete\ John Palfr~y, ._special. ~sis~t to·John piece of work to:'.oju~fy spending the DeVillitis, hegiohal . administrator for . funds," Ma.llison said }n a phone.incer- EPA's Region 1. t'Wefeei she-shouldn't _ view frolJiJ Piµ:sbu.-gh:!)~We't~did.n'f• receive any contracts-:-·< :~.:: ··. -i · \ · · receive ii -·product· th:i'("'was ·worth . · "Ewald allegealy .. ,fils1fiect' her ere-$450,0()9." ;$he said th~ inspector gener7:·:. dentials and listed people·. [employees] a~ ~o·repo~ to .the governor;·wi!I }ssµ_e· \· not qualified ~ she said they had been," a report in several months. · · · Palfrey· said -in ·a telephone interview from his office in Boston. ·· See NIH, page A-1 q . ·;t ~~:f i~j U.S ENVIRONMENTAL PROTECTION AGENCY OFFICE OF INSPECTOR GENERAL INVESTIGATIONS STEPHEN H. DREWES SPECIAL AGENT ALEXANDER DRIVE MO 53 RESEARCH TRIANGLE PARK NORTH CAROLINA 2771 1 (919)541 -1027 FTS. 629· 1 027 . , . \ Status Report on Pauline Ewald I contacted Betsy Mallison, the Pennsylvania Department of Environmental Resources spokesperson, named in the article "Baird watchdog being probed." She told me that the State of Pennsylvania is investigating and gathering information concerning Ms. Ewald; the state is trying to take action against her; Ms. Ewald's office is located in the back of a bookstore; and Ms. Ewald has falsified information concerning her "staff." Ms. Mallison was unable to provide any additional information, but referred me to Dr. Nicolette Parisi, the inspector general for the State of Pennsylvania. I contacted Dr. Parisi's office and talked with Doreen McCall (717-783- 2667) concerning Ms. Ewald. Ms. McCall suggested that I have one of our attorneys contact Dr. Parisi at 717-787-6835. I discussed the information and articles we had with Steve Parascandola. He discussed Ms. Ewald with Dr. Parisi, who sent him two additional articles. However, she did not add any additional information concerning Ms. Ewald. Pat Williamson November 13, 1995 10/ H:l, 95 12: 10 Ef-'H RE.GIUl JU l•H:,11::: t·•3T f-'Rl.N.+-l-4·b UUl l~/1~,~~ i41~ FAX Tc l'rom ~-. -7/z"-360 5 IF..-1 ... , I be 1,-)Hz•uk.l propm 1.1., Mlptd ou .. trt buy la Uockllhd 'JMt -We)'b>outh "' btt1 eYalltblt ror Ult put 1f11 ·to tllacula ho• the . :I. M •• •I . §~ird cleanup· watchdog if under investigatio.h::, .· ., ldAIAD mem. ~r· nllnueCI from Paga 11 Ewald Nld the DER'e· dalmi irt .,, •tt•mpi lo diver\ •~nlfon f'ro111 Oenttal'i Ofnr• tef'l,slld to dlseuaa ~'telr own rolt fn tht r,nn•>•lv1nl1 1'1~ u,,.t ,,ntll the l11vttilltetlon ta .;t".'"'''' 8ho c:hftr••d &hit the DEP e~11,11lelod. " lmrmrrletlH att r.n.d lo ad~•ttlJ· PNMC~ IM '.cilsnd, Envlronmonul Compllanet health «if reel~ntt who ltvt Dtll the ::>lianlutlc,n cc,11IJ t,., ln111t,d from cl6tlnup ,tc.. · lc,lnr J,utlntN tn Penn11ylv1hla ai,d She ,110 uld her 1ttotne1, Aflen 'orctd to return lhfl r,tnl "'"'"~· Optlthlolc of rtt~hll"Jh,' "-• nltd • · ll,1L li,\'old aald •I~ r,rtwlded tbnt •hmdtr and llbtl ltiw.ult a,alritt ,t,h1e, ln,·okt, end c,Lhet doc:u• ,evoraJ ptopJ, who1vt qut1t.lonedhtt u♦nte nquestcd t,v th, V~ft. w111_1111n,·1 conduct In the r,nn1yJ. !h, 11ld the ttdor11I audit ud Im vanla ean. but would not afvt lbttr 1 n """t'l11I rteotdt .,. nadl'1 MMM. ,, ll11Clt. (<tt m·lew by 11nyoh1 who St.le ftfp, Ronald Mariano, D• f~nta to ,tCI through thom, Qulnoy, Nld It I■ not unreuonablt f;h, Hid the probl~m It lhat D!R for Ptnn')'lnntt .offlcl1l1 io uk ,nntA ·.her to eompll, fnf'ormatlon · ftwald to tubl'Alt.«> an •~It,_ . rdfl\ th·o t~6td~ t.hll •h• ttLltnaied · M ..... no le co-ehilrftltn ot \hv ,-J,,ld c011t her t,&,000 to '7,000. 13ahd " MeOulre teak lotu1 which • She t1t1ld ,he la nnly obll••ted by · moett mohthlY wit.ta ttder1I offlclll1t r>rllr,it.l to make tho record■ avatl• .. .lo dlecu. t6, claraup ,nd mike blo, nol c:ompllo ln(orm1tlon from recommendation,. · 1 • • • • "Wt.ea 1ou'rt u11IJtS la• doll•ts )'OU h■•H. tMpOMlblllCf '° .. .,,.,.,. ... h,.-ld. Got u,tip? ·. · ·.. · Oo you know aorNthlng · we don't know? Po you 1111.tiWS'.\ h!'Vt • tlp ebout I •to,y dt eommunlty IIIUI? . II 10, wa war,t tc, know, • jn r.ell11 wHI b, hpl ,ir,. ~,,nlldtntl•I If you pr.-ftr. r.'h!'lhll yn11r MWA l~l_tn .. -.i(14 Thn f'etrlol l-ed~or'• Tlr lint: I I j~ I 817) 7.00·7394 ::.t.••. · · Anl\ 8tbrit, ont ol t.he elf.litn1 whr, 1Mf tt> tffott loealt, to lllrt held, dd11t,cJ.J ber. 'l ·think •ht .. t.ryln, to make 1 ~Int. (In v.rlnepal, not tr,,f nJ t.o hldo •nYlhln1, 'tht AD14, · · Sht uld B,.,ald h11 coopmt,d with an ltqUHte for documentation relatlnJ to the B,trd &. MeOulrt ,lie. Mick Ha1rt.ton ot Oro,nle,i•, • Wa,hlnJ1<,n-bned non,proni ,.,,n. cy that heb>t elUtena ~nforee envl, ronmtntaf · J•••• recommended Ewald to local officials. •• r • .. --,,~,tt![~!llJs if:w ( Blf i! -rf .,i if Q) . lf h~tit i!•-t~ f! -• 1:,r1r1 t,i~(.. .. ... JJ:f l l & .. Q. ' I Ill. h d. ·•r~f►J -~. 'f ' .. d~· ,11t·1~ttr1 ~ · ~ r:·lt1'l · -81 "" -.l .I" :''U~il. ~ jJt hf r;l. ,r { •ti lr• .i ,, l 1,1~t·cc :,f a -& f es ~ • I .. . . : ·. ' sf iblff f i~J11.~11· C-·!rf ~t -~d Jht CD· ~ ff-li'tl!UJ.}iUI ::s l1H~it1 la &lrtf Ue" .·. l [ r ,.ilu•_ r ' 'tJ r .lf h,.r( ti f ·--: . !lHtiH!t!Ut ·g. 1 f 11r 11n1U! ·(I) •-l lH ;-rllJ~ll 0. ! ! tH da in · . OOT-27~95 FRI 10:35 NICOLITH PARISI INSrECJOR GENERAL 3 COMMONWEALTH OF PENNSYLVANIA OFFICE OF INSPECTOR GENERAL FAX TRANSMI'ITAL FORM P.01 333 MARKET STRE.IT BARRISBURG,PA 17126-0333 71 '1-717-6135 DATE: __ 1_0-_:2..._z-....,9"""5 ___ NUMBER OF PAGES 3 (includin& this one) TO: FROM: MEMO: (Person) (Office) (FAX#) (Person) (Office) (FAX#) Stephen t. ParaGcandola, Assistant Attorney General Office of Attorney General -Environmental Division (919) 733-9909 Nicolette Parisi, Inspector General Qffl£e of Inspector General 717/787 .. 2923 As we discussed on Thursday, October 26; l995f I .enclose two news articles regarding Environmental Compliance Organi~ation. This message is Intended only for the use of the Individual or entity to which ft ls addressed and may contain Information that Is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message Is not the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication Is strictly prohibited. lfyou have received thJs communication In error, please notify us Immediately by telephone and return the ortelnal messaze to us at the above address via the U.S. Postal Senice. If you encounter any problems durlni transmission, pleaie call: 717-787~6835 I I • I I OOT-27-95 FRI 10:35 3 P.02 I DEC-a,-1994 11:49 •----------.. ····-------:-----.-.-·-.... . . . , . . . . .. .. ,.. .., ..... ,,. -.. ... . ............. -··... .. . . .. . PA DER S0tJTHiEST REGI ~ 412 442 4194 P,eel2...-el11 ···· · · · \J ALLt:,.( IJws 1)~ 12.-)L'llqy'. . . • 0"fr.tff!ffit;:'lJtr;·J·ni11•/ i.t;u f ftJfrtr 11i1i;rnn:~-JillHim~~ Hh ahUf Hh J 11fiN kb; l.fb, lll.'? lir dB tilJI tillr. r.mm1, u,, ~ :!~rnt 1u1111, 1 d1m,u1t1u5 : i -· mnP I Pil I: tt~J itlU m Iii I ma~llitiit f ~ I i r fa; ·i1 I f 'I I . J fif 11iu, ·1ir1r .. f 1'1,1 np[· I~ la I iJitlt t •t1 f ~ l1if rln f ir~[l J. i I Q • Is~ 1,i' ~ t rl.1~1. f.!11 8 rf •inn mlJ1l [ 8 um1nu;u ij 'JJfJ~UHUrt* a llbJ(llR!JU~ ~lf!!'f :~sf ltjJiJ ~ .rlr r ,.:I J. ~ _ . _. r I t lt. . rr' f ~ I t fl I .. ii lll~lif lJjljlUJ ; ,,,lllll'~li~f l I t.111.,1, ,11( ,I Hft1::I f .. ,,~,, ,. -.. ,-•• --.. ,,:r, __ . _-s~~~-·~ 1 h ,;5} 'rif~i'.( I fiil 1Jri:1 {; !~:fiirfJ~ht,~:f, .t?,~ m C) c.: \, m r-m C) e: LO a, I r-~ ' ·' ~ Valley News Dispatch . , .. . .. _.,la ....... . Date_f_/j_/ 9'/._ Page_J)_l I Firms that ov~JJ,aw B&W~~le~/ '..; face audit · • · -" · -· ' •• , :, . • '.•i-,,;t.J1.1· .-;~ I By Belinda Thurstan · .,__ · . · '·:,· .. subaiillracteil W •other direct c:asta. •The RP0Ct did Sullwrlta-. Ultr-want to ,;.:..o--.l.,ft4-the ct4-1--ns g t" #. r <·· ·.·. 'iVe nntlo know what.the citl-DOtelabcram. . APOILO: The~ Department ofEDYironmentalkiaun:es CDEIO plans to audit two contrxtors that monitored the Babcock & Wik:ox JMiiition dean.up. •All along we have questioned the use of 1he funds,". said Betsy Jdaili. aon. a DER~ Tbeecnterfor Hazanlous Matai-~ .:-'' · "· "'lia.«, 11,~ ? 10 :., :reos «at for $950,000: ~ Milli-&Yiroamental Compliuce has · · · $91rt) 000." · · eon. · . ..'., ·.: not submitted arepoct.aithough ,: .• · ~-1 . • TbeDERadmiD~dthecoo-Mall!son said reports are not.• -~wr.. DER spokenomaa Betsy Mdlaon. tracts, althouirh the~fl!!Y came rc,quired 1ll1lil tbeendolMan:b.. •·• -~. ~-.ov .. , ~ • from the ft:deral gover'nmenl The Both coq,aaies 'lllere lo pnnide .'.: •;"''~ ·;;.• ,-ifc'•~ · , Vl'CISigh1 projecteoded Dte 3L updates on demup, hold public ~,~,"' ~ • •~J ~~•. .: • • •• • • On Monda,: H.uardowi Mated-mcetiniis and lelt for radialion. als Re,,ea[~ ind tn~i'~,o)i~W ,.ard~a M:.~e, a Harmar firm, .z8 nbmitted a final financial . Howt:m", until the end o( lhe pro-Com~.~~-~~ •~~ conlractor ol the pro-repoct which stated thaf around ,iect. a ~dful of mc~irs were tracted fo oversee the 4e~up J,f •--~ ~ $500,000. $400.000 was spent on labor and .bekl ad little iDfonmtioa wae pro-B&W'e nuclear fuel plint:•H:u-."'. · ,Emin)amenlal Compliance was roqbly $100,000 wu spent OD. wkd~deamlp. : .. ,i ~:-\ ... J ~----· ·.:. ·, --':i ~---.. Landfill adviser . . faces·pa-. I... ·inquiry Warren County cites waste deantip as job well done By CHRISTOPHER KIRKPATRICK The Herald-Sun · A consultant ~ to overstt deanup of a Wa~n County haz-arclous-waste landfill is under in-~sugauon by the state of Pennsyl-vania for allegedly biling to dis· clo~e bow her company spent $430.000 in federal money. A ciuzens· group in :\pollo. Pa~ hired Pauline Ewald and Envi· ronmental Corr.?l::ln~ On,;:miza-::~n ;f. \s:~:.1.:J. :.1 .. ;o help ::ioni-,vr .i :.,Jli ;:~u;un ;;ov1:rr..:1l!m ,·:e .. n· up 1Jf the 3aocock & Wilcox nuclear-fuel factory. Apollo is nonheast of Pittsburgh. Pennsylvania officials say Ewald violat~ her 5tlte cor:tract by ~ot rurrung over finanoal doruments or submitting to a state audit re-qu'5ted 18 months ago. Ewald ha.s denied the dw'ge. say-ing Pennsy~.mia started the inves• tigation tO keep her quiet about en• virorunental violations by the state she bas helped to una:,ver. A member of a Warren County citiuns' group that hired Ewald says Ewald's work there has ~n s.tisbctory. The member also said Ewald ha.s completed her contract and is bei.ng considered for future work. But .6,pollo and state officials say Ewald's final report in Apollo lacked fuwic:ia.l information to ex-plain how the s.lS0.000 was spent. Ewald's company's final ttport also lacked proof of s.lS0.000 worth of work. said Betsy Millison. spokeswollWl for the Penn.sytva.n.ia Department of Environmental Pro-tKtJon. 'We felt all along that the dti· uns should have gonen more for their money: we were hopi.ni the final report would reflect the work." Mallison said. She said her department adminis-tered the federal money for the deanup and called for the look into the project's finances. ..At this · point in the investigation. it's ~n referred to the Inspector General We did not receiw complete infor· 1 mation. the financial information on bow sbe spent the money," Mal-lison said. The Inspector General's office is an investigative arm of the Pennsylvania governor created to fight fraud and corruption. "We've not taken anv action at this point," Mailison · said. "\Ve never received a copy of the final report. It's not complete. We just ieit there was more 1mon:n.iuon." If censured. Ewald's company could be barred from worlang in Pennsylvania. In a telephone interview with The Herald-Sun. Ewald said she has bttn persecuted by .\polio Council• woman Cindee VU'Ostek and the a:,mmonweaJth of Pennsylvania. I Vuostek was chairwoman of the Citizens Advisory Committee that please see INQUIR'Y.'86 . . ~·~ r'\ 1~ ~~-~) / // / / ... , ,,. INQUIRY FROM Bl selected the Environmental Compli-dioxin. ance Organization and another The PCBs and dioxin ~ col-firm to monitor the cleanup. .. . lected in the early 1980s after the "There has been no refusal," state dis~ that the owner of a Ewald said of the state's audit re-trucking company had dumped the quest. • . . . . chemicals along roadsides . Ewald said the controversy began The state collected the dirt, made after she started an investigation of a controversial decision to select PeMsylvania government for not Warren County for the landfill and enforcing federal environmental then buried the toxic chemicals laws. · there. Monitoring wells indicate She also said a detailed federal that the chemicals have leaked past audit of her records was completed plastic liners and into groundwater. and shows billing for every 15 min-Dioxin and PCBs usually are utes of work. found together. Ewald said. As the PeMsylvania controVersy Dioxin is best known as one of developed last year. the Warren the elements in Agent Orange, an County Joint PCB Landfill Working herbicide used during the Vietnam Group himt Ewald and her com-War and suspected of causing c.an-pany for $82,000. cer and ot:,er illnesses among Viet• The Warren County group mem-nam war veterans. ·~. bers wanted an independent con-Environmental Compliance Orga• sultant to monitor the state and nization has completed its contract recommend the best way to dean ~ in Warren County and is being con-· y up the local landfill. which is laden · sidered for fun.ttt contracts as the ~1 with polychlorinated biphenyls and •. cleanup m~ forward. said Dolly . . • -If(# "" -.-"' -. -·r~.-\( Burwell. a member of the Working Group. Burwell was pleased with Ewald's work and final report. "Her data and the state's data pretty much matched up: there was not a whole lot of discrepancy," she said. 'There was some discrepancy about the conclusions on whether or · not the dioxin found in the monitoring wells came from the landfill or some other source." · Ewald's company contended the dioxin found in wells around the site came from the landfill. The state said the toxic chemicals origi-nated from other sources, such as agriculture. An independent Greenpeace con-sultant supported Ewald's findings, Bwwell said. "I certainly was pleased with her work." I ·-,-. _·t #>• .·; /'. / .,/ / -i \ [113 :33 \ UNITED STATES ENVffiONMENfAL PROTECTION AGENCY REGION IV 345 COURTLAND STREET, N.E. ATLANTA, GEORGIA 30565 FACSIMILE TRANSMfITAL COVER SHEET 7 I J i ' Date: Uf Cfi}{J ? Time:-----··-·. Oa.m.Op.m. i l ·I ! ; -ro: -· _· .... 13 ..... )_!_I ___./v/..............w'fc...-;e_.r _________________ _ Company/Organization:---------------------~ l Jl -------------------------------L ,, Number of Pages Sent (Including 11Jis Cover Sheet) : --4L.__l __ FROM:-·.· __ : c_~ l.-\ ___ r_t_-_fi:_/2/j __ . ----- North Superfuud Remedial Branch Waste Management Division Phone Number: (404) 347-7791 er--1. :z.o b 1 NOTES: Tl,e r wh'ty af- J ~cJl , I£ you ,Jui !t ca I( tnc aud I w,'/{ Fax Number: (404) 347-1695 :; !1 ,j ! f I I _J -___ ,. ii ---·-··-·'J ,I: l i i i 1---···-. --· . -· ··:' . ·._ ...... ,. ... --·---···-----··---··•-· . l l /D8/35 .. ' · Tuesday··_ Oct. a1, 1995 · [1'3 : 34 ~-Ed!Uon· -., 114 •. , 1"""".'.1_1_ \...' ~.;,.1 ...... [1'3: 35 l.4U,b r ~ ... , ._ \,..1,•f• ,~ .... ¥,-.." •A..,__ .,_ • ,. • 1 -.-. • •t, :Questions arise about firm's Baird t • ·, ' • • • • LIA'J I •--• • _ ..... ,_ 003 \ .... I • •• '·••• -•.-~♦-..f-•,.~..,. ~,.. Alt~ StHM nt .. from J tnH>k .. \aOk at V. Gatta • MoQulto h~~rdou• watt. •lte In Holbrook. [1'3: 41 11/011'95 HtiB '· I I -· , , 1· I . . I !It -. I . . 1c-;:1Ttr (lfliJ►--8 .L. I rlhil ;::·., 'I-ti . a trB.lHIJ. rt .tla-, . . ··1 ·, . • lm·~s;•11t .•,1 =-1 8. ::c·.. .. . . !• ~-•• • • ft . . . . ·. 'D a . )I, ""' 1 .: ~ J ' • /. ••~~ : ':"':.-,ya• ._ ' . lf·M·l11:S:-M1 -.,,. ·~m·-~,::Q.:~ .. ·.:~ . ..--;.··•.: ... ····•···---·-·· .. ~. .. .:.-. ...... "'"•--····'.-·-.. :: ... _: ..... _ ..... toP •Ill' H' ..... I ·• I • • . g -. ·.,_, I ..•. . .. ,x.-ll~tle._ .... :: -~'.--··-1' ·-· , __ ,_ . ·~·-•-·-41 11..~-·-'··-----·. ----· .. ~f • . ij tt • :...._~ .. I •. • . • • .· . ' II le. . 8 I • • . ~· , .. . :. . ;ii• ift•• .. ,·.-_._ ·. _ ... '""_ .: .. •.·•.• .· • • • I . 'f ~l ·, . '. I ,r ........ ~ •' ·.-:j ., t . 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' , .. : . .., ,,-- t • ( [1'3 : 4'3 Commonwealth of Virginia ) ) to Wit: City of Ri chmond ) AEflDAYII OF IQl:iN £, SCHU B,,El?J~ I&. 1. I om John C. Schube1t1 }1, l c111 1 c111µloycd by the con\monwealth of Virginia, Department c;,{ Environmental Quality. I have been employed by the Commonwealth of Virginia slnce May1 1966. I have been employed at the Departmen t of Environmental Quality for nlM (9) years and have served In th e following capadtiP.s: Air Quality Modeler Permit Engineer c ompllanc:e & Enforcement t ngmecr Enfo rcement & Air Toxics Manager '). I have been m:lde awa re of the ind u~ion of my n.:imo ond resume in a proposal submitted by the Environmental Com pliance Organi1:ation dated October 22, 1991 . I h~ve reviewed the propo~a1. The tJ!V..,O~~t was made by the Environmental Compliance Organization to provide professlonal services to eMablish a commun ity technical assi stance prograni in Apollo1 Pennsylvanl a. The proposal wa~ submitted io The Honorable John P, Murtha, a Pennsylvania Congressman and prP-r,m:.:tl hy thP. 'Envlronment~I Compliance Organizat ion, 106 Robin son Street, Ashland1 Virginia. ). The proposal includes my nam e In a "Management Flow Chart," indicating I am a Chief Engineer w ith the Environmental C.:ompllance Orgal'l f:Zation. 4. Th e propo~al includes my resurne under the heading of "Resumes of Senior St~ff. 11 5. I ,;1111 nut c1 µro(t!sslonal englnec:r and not licensed In Virginia, New Jersey or North Carolina, as n,y re!-ume Indicates. 6. While I was aware of the Environmr.nt~I Compliance O rg~l'li~ation and had, In fact, conversati on with its Principal, Pauline Ewa!, with regard to our mutual efforts in the formotion o( o. private con,ultlng firm , I did not give my permi=,i;ivr1 fv r lhe im:lu~lon of my name as "CAA and Tra ining Officer," or the inclusion of my resume under the heading of 11Resun1es c,f Senior Staff" In the proposal made to perform certain services in Apollo, Pennsylvania. · 1 , I have nev~r participated in any effort:.; of the Environmental Compliance Organii ation In Apollo, Pennsylvania or any effort~ of such organ li:ation. 8. I h8ve not rece ived any remuneration from or had any contact with the r'r1ncipal of the Environmental Compl la.nct Organization on the Apollo, Pennsylvania project or "ny other project that has been undertaken by such organi7atinn. / : [1'3:5[1 9. Any references In the aforementioned proposal that indicate or would lead a reasonable person to believe that I wa~ associated with the Environmental Complianco Organ12(;\tlon1 or performed any of the work represented in the proposal for that organization ar~ false. · Commonwealth of Vlrg1n!a; City of Rir:hmontl ,. The foregoins Instrument was acknowledged before me this LtlJay of~ rn:e; by John E. Sch1.1bert, Jr. · . ·. . Notary Public My do~misslon explres:11 1/41/9f._ Me. Pauline Ewald [1'3 :5[1 EF'R F'.EC:i I 1]H It) l,H3TE fl[-iT F'F'Ci'3Fl-1[·1'=; 1008 JENNY'S ~LACB MlPtOTHXAN, ViRGXNXA · 23113 106 Robineon Str6$t Aehl~nd, Vil'.'g!ni.a 2300:,S :i:t:. h as come to my attention that you, representing an entity called Environm~ntal compliance Organization (BCO) currently located in Ashland, Vi~ginia, have, without my consent, included my name and c redentials as part of ECO busines$ proposals submitted for the purpose a£ obtaining contracts for professional services, and tha t these representations contain inaccurate inform~t.ion concerning my qualifications and affiliaticns with ECO. I am led to bcliev6 that sevei-~l pt·opos~ls oont21ining YA~r:-r.(mces to m~ have be6n submi tted by ECO or yourself over the past four years. Beeau~e l have never been an employee of ECO or yourself, never have enterf'!d i·nto any other businC11iJ8 rela.tionohip with nco or yourself, never have performed any work for ECO or yourself, and nevf'!:r have reooh,Gcl any f.i.ttanoia;I. or a.ny other sort of i~emuner~tion from ECO or yourself, l hereby request that you,. as the principal o.r otheir o ffio~r of ECO or in 11ny other capacity, illlmt=!diately cease the use of my name in business prop◊sals or for any other purposa . I further request t.hat you take all necessary steps to correct o.ny buein.eas p:ropoi,C\ls submJ.Lt.~d by ECO or youreelt, by requesting the recipient~ of such propos~la to remove any reference to me from theg~ p2.·oposal~. Finttlly, r reg:ue11t that you reply to this communication by stating to me your affirm&tive intentions eoncernin~ these r~rsuasta. P 33? S39 ~111 US Poala! Strvlce 1 Receipt for Certified Mall No lnsurllf\00 Cov~r~gt, Provtdecl. tx> n t 100111 Mall ~e i»v,nse ;,~ ~~ .. .,./ Sincerely, ·, ..... l •· t .. State of North Carolina Department of Environment, Health and Natural Resources General Services Division James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Laird Davison, Director RA DEHNR May 3, 1994 Ms. Pauline Ewald 106 Robinson Street Ashland, Virginia 23005 Dear Ms. Ewald: Enclosed please find two (2) signed duplicate originals of Contract Number V 4030 between Pauline M. Ewald and the Department of Environment, Health, and Natural Resources. I would appreciate your executing these documents and returning one (1) duplicate original to my office, within 30 days. Until such time that this contract is signed by all parties and returned, the process for payment cannot be completed. Invoices or matters regarding invoices should be directed to the Contract Administrator, Bill Meyer, Division of Solid Waste Management, P.O. Box 27687, Raleigh, NC 27611-7687. Should you have any questions, please contact me at (919) 715-3901. Sincerely, %¼/.~ John L. Perkinson, Chief Purchase and Contract Section JLP/smg Enclosure cc: Bill Meyer, Division of Solid Waste Management P.O. Box 27687, Rcieigh, North Ccrolina 27611-7687 Telephone 919-733-9746 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper NL,~ r ol Lvli r c t ~ and Nalllnl lwal . ; ' ._ DITWaeolo-.lS.-. AGREEMENT INFC>RMATION ~ l. PAJlllES TO nus AOllEEMENT: A. r--a:::-:-:---------------, ' BILL MEYER (919)733 14996 PCB LANDFILL 2. 11l1.E OF AOllEEMENT: 3. PURPOSE OF AOllEEMENT: RECOMMENDATION OF EVALUATION PROCEDURES, METHODOLOGY FOR WATER REMOVAL, DETOXIFICATION TECHNOLOGY, AND LONG-TERM CONTROLS FOR PCB LANDFILL IN WARREN COUNTY. ◄. TIMEPEP.JODOFAOllEEMENT: Besinn1n,Datt~..!E...J:l!;:__ EndinaDa~~~,22.. Month Day y_, Month Day Yer S. AOR.EEMENT ST A TUS: E3 New O Continuina O Reviled Year of Initial Apeernent 9:,$ -§ 'f: 6. F1SCAl. INFORM.A TION: Doet thll qreemmt lnvolvt dbbunement o( fun~? (9-'&om Dept. D tD Dept. D Ne, IFtdcr'll• ls.te _ _s s2,9so SUBHEAD: Fund _l 7_6_o __ _ OBJ 1990 ~cc 7621 PROO 009 5 GENERAL SERVJCES USE ONLY PAYMENT SCHEDULE: PAYMENT UPON RECEIPT OF INVOICES (P.AYMENT AT RATE OF rf; 5 EER HOUR; CONTRACT AMOUNT NOT TO EXCEED,$82,950) 7. NEED STATEMENT: SERVICES ARE NEEDED TO PROVIDE TECHNICAL EXPERTISE, GUIDANCE AND LEADERSHIP IN THE IDENTIFICATION, DEVELOPMENT, AND IMPLEMENTATION OF TASKS IDENTIFIED BY THE WARREN_ COUNTY/ STATE PCB WORK GROUP TO ADDRES,S THE PCB LANDFILL PROJECT. 8. JUSllACA TION: DEMNJt 2500 (imted 11/89) G:ncnJ Scrvlca CR.mew 7191) CONTRACT NEEDED AS STAFF IS NOT AVAILABLE TO PERFORM THESE TASKS. . 0--6 N.C. Oq,emnmt of Environment, Haith, and Natunl-~urcef,. 1.£1 Oiviaion of Genna! Sffvices J /IO/ '1 r Page _l_ of ..l.__ CONTRACT BUDGET Contract No.• -0@[£) [I) [Q) 05/01 ,_9_4 __ £ffecti~ Date 05/01 95 SOLID WASTE MANAGEMENT Oivision/Section/PrOKfam Contract System No. Iz) ~ (33~ [Z] ~fill . Purchase Order No. llJ ~ 12] [z) QJ Termination Date For Fiscal Year __ _ Revision No. 0 D Contractor: ------------------Purpose: ------~'r-------;_,. ___ _ PAULINE EWALD PCB LANDF~ILL PAULINE EWALD o') 9c · JL,.. ,-,/) 0 Project Director: ---------------Total Budget: $ _-e_,_, __ J __ 'TV...;;..,~v_C.1---:---::---=--.,.~~ $40,00 budgeted in Revision 12-0365 for first half of this contract. Portion of the $40,000 not used in FY93-94 to be carried forward; additional funds to be budgeted in FY94-95. ITEM DESCRIPTION PCB LANDFILL GENERAL CONTRACTED SERVICES r UAld; t2 e -ry 7 y: ,...--- 1?0D-l1C/1J-7(:;i,/-00 ?!:] Conttactor Authnritcd Official DEHNR 2<82 (Rrviled 11189) ITEM CLASS NO. SVC;CNTR :,100 / ~ DEHNR CONTRACTOR CONTRACT AMOUNT AMOUNT I ,f'tJ ;O~{), t}1:> I .82.95w I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I STATE OF NORTH CAROLINA COUNTY OF WAKE CONTRACT NO. V _ ~ Q d Q CONTRACTOR'S FEDERAL 1.0. OR SOCIAL SECURITY NO. 099-52-2339 THIS AGREEMENT, made and entered into this 3rd day of May, 1994, by and between Pauline M. Ewald, hereinafter referred to as "CONTRACTOR", and North Carolina Department of Environment, Health, and Natural Resources, hereinafter referred to .as "DEPARTMENT'; W I T N E S S E T H: THAT WHEREAS, the CONTRACTOR has submitted to the DEPARTMENT a proposal for the performance of certain technical or professional services; and WHEREAS, the DEPARTMENT desires to enter into a contract with the CONTRACTOR to perform the services set out in the proposal; NOW, THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set forth, the parties hereto do mutually agree as follows: 1. The CONTRACTOR hereby agrees to perform in a manner satisfactory to the DEPARTMENT, the work described in "ATTACHMENT A" (Scope of Work -PCB Landfill) which is incorporated as a part of this contract. 2. The DEPARTMENT hereby agrees to pay the CONTRACTOR a sum of money not to exceed EIGHTY-TWO THOUSAND NINE HUNDRED FIFTY DOLLARS ($82,950.00). This amount is based on the hourly rate and time estimates shown in "ATTACHMENT B" (Preliminary Time/Cost Estimate) which is incorporated as a part of this contract. This payment will be full and complete compensation for services to be rendered under this agreement. (a) Payment for services will be made upon receipt of expenditure reports (DEHNR 2481) or invoices from the CONTRACTOR documenting the costs incurred in the performance of work under this contract. (b) Expenditure reports/invoices are to be submitted to the Contract Administrator at least quarterly. Final expenditure reports must be received by the DEPARTMENT within 45 days after the end of the contract period. (c) Amended or corrected expenditure reports must be received by the office of Fiscal Management within six months after the end of the 1 of 4 CONTRACT NO. V _ ~ Q J Q contract period. Any reports received after six months will be returned without action. 3. The CONTRACTOR represents that he has, or will secure at his own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of the DEPARTMENT. 4. None of the work to be performed under this contract which involves the specialized skill or expertise of the CONTRACTOR or his employees shall be subcontracted without prior approval of the Contract Administrator. The Contract Administrator must approve all subcontracts. 5. The CONTRACTOR is an independent contractor and assumes all responsibility for self and does, therefore, hold harmless the Contract Administrator for the DEPARTMENT, the DEPARTMENT or any other state government persons for payment of federal and state taxes and any other required payments. This Agreement will in no way be construed to constitute an employer/employee relationship. 6. The services of the CONTRACTOR are to commence on the 6th day of May, 1994, and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this agreement, but in any event, all of the se·rvices required hereunder shall be completed by the 5th day of May, 1995. 7. If, through any cause, the CONTRACTOR shall fail to fulfill in timely and proper manner the obligations under this agreement, the DEPARTMENT shall there upon have the right to terminate this contract by giving written notice to the CONTRACTOR of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the CONTRACTOR shall, at the option of the DEPARTMENT, become its property, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The CONTRACTOR shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of this agreement, and the DEPARTMENT may withhold payment to the CONTRACTOR for the purpose of set off until such time as the exact amount of damages due the DEPARTMENT from such breach can be determined. 8. The DEPARTMENT may terminate this agreement at any time by notice in writing from the DEPARTMENT to the CONTRACTOR. In that event, all finished or unfinished documents and other materials shall, at the option of the DEPARTMENT, become its property. If the contract is terminated by the DEPARTMENT as provided herein, the CONTRACTOR will be paid in an amount which bears the same ratio to the total compensation as the services 2 of 4 CONTRACT NO. V _ ~ Q ~ Q · actually performed bear to the total services of the CONTRACTOR covered by this agreement, or for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The CONTRACTOR shall repay to the DEPARTMENT any compensation he has received which is in excess of the payment to which he is entitled herein. 9. The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the DEPARTMENT. 10. The DEPARTMENT may, from time to time, request changes in the scope of the services of the CONTRACTOR to be performed under this agreement. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation, which are mutually agreed upon by and between the CONTRACTOR and the DEPARTMENT, shall be incorporated in written amendments to this contract. 11. Any information, data, instruments, documents studies or reports given to or prepared or assembled by the CONTRACTOR under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the DEPARTMENT. 12. The filing of a petition in bankruptcy or insolvency by or against the CONTRACTOR shall terminate this agreement. 13. The CONTRACTOR shall not assign or transfer any interest in this agreement. 14. In accordance with Federal regulation CONTRACTOR certifies that he will not engage in the unlawful manufacture, distribution, dispersing, possession, or use of a controlled substance in the performance of this contract. 15. No reports, maps or other documents produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 16. It is agreed between the parties hereto that the place of this contract, its situs and forum, shall be Wake County, North Carolina, and in said County and State shall all matters, whether sounding in contract or tort relating to the validity, construction, interpretation and enforcement of this agreement, be determined. 17. The CONTRACTOR agrees that the State may have the right to audit the records of the CONTRACTOR pertaining to this contract both during 3 of 4 CONTRACT NO. V _ ~ .Q J .Q performance and for 36 months after completion or termination. The CONTRACTOR must retain all records relating to this contract and allow employees or agents of the DEPARTMENT to inspect such records during the period of time set out herein. 18. The CONTRACTOR agrees that he shall be responsible for the proper custody and care of any State owned property furnished him for use in connection with the performance of his contract and will reimburse the State for its loss or damage. 19. Bill Meyer is designated as the Contract Administrator (project coordinator) for the State. However, any changes in the scope of the contract which will increase or decrease the CONTRACTOR'S compensation shall not be effective until they have been approved by the DEPARTMENT Head or Authorized Agent. IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENT have executed this agreement in duplicate originals, one of which is retained by each of the parties, the day and year first above written. CONTRACTOR By~ f11. U..u Contractor's Signature c Pauline M.Ewald Typed Name WITNESS: Approved as to Form: Attorney General of North Carolina NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEAL TH AND NATURAL RESOURCES }Jonathan B. Howes, Secretary Direclof ---: ___ .. , ~ I /) Div. of General Services . ~<:j ({ I _ __}g1 ~ Department Head's Signature or Authorized Agent WITNESS : Signature DUPLICATE ORIGINAL 4 of 4 ATTACHMENT_ A ' SCOPE OF WORK-PCB LANDFILL I. RECOMMEND PROCEDURES FOR EVALUATION EXISTING ENVIRONMENTAL CONDITIONS AT LANDFILL 1. Develop health and safety plan for all contractor personnel and on-site observers. 2. Water fluctuation study. 3. Leachate (water in landfill) volume study. 4. Gas venting study. 5. Top liner evaluation. 6. Bottom liner evaluation. 7. Groundwater monitoring system study. 8. Leachate system evaluation. 9. Water treatment system evaluation. 10. Surface water/sediment evaluation. 11. Vegetation evaluation. 12. Chemical/physical sampling and analysis including all toxic constituents and specifically dioxin and furans. 13. Human, animal and wildlife evaluations. 14. Identify indirect impacts of PCB landfill. 15. Other evaluations/studies identified by working group. II. RECOMMEND METHODOLOGY/TECHNOLOGY FOR REMOVAL OF WATER FROM LANDFILL 1. Feasibility study of removing water from landfill relative to protecting landfill integrity and detoxification efforts. 2. Desfgn system for removal of water, treatment and on-site disposal. a. Alternatives include using existing systems with modifications or designing alternative system(s). III. EVALUATE POTENTIAL TECHNOLOGIES FOR DETOXIFICATION OF MATERIALS IN LANDFILL 1. Review published data on technologies including chemical, physical, biological and thermal (excluding incineration) amenable to detoxification of PCB materials. 2. Select applicable technologies. 3. Identify and select vendors with existing capability to apply selected technologies for detoxification of landfill. 4. Invite selected vendors to make presentations for proposals to detoxify landfill. Presentations should include all technical aspects and risks associated with technology, probability of success, on-site disposal of residues, schedules and budgets, cost and financial capability (liability and assets) of vendor. 5. Select applicable/successful technologies and determine cost estimates. IV. RECOMMEND DETOXIFICATION TECHNOLOGY(S) AND BUDGET FOR IMPLEMENTATION FOR FUNDING/APPROPRIATION TO GENERAL ASSEMBLY 1. Propose detailed reports and data sufficient to provide General Assembly with information to make decision for funding. 2. Plan efforts to work with elected officials at all levels to build support for detoxification. V. RECOMMEND LONG-TERM INSTITUTIONAL CONTROLS FOR OPERATION AND MAINTENANCE OF PCB LANDFILL 1. Plans developed for monitoring and upkeep of site. 2. Responsible agencies assigned for monitoring and care of site. 3. Budgets for long-term care. 4. Contingency plans in place for unanticipated events. VI. PERFORM OTHER TASKS AS IDENTIFIED AND APPROVED BY THE JOINT WARRE~ _ _cOUNTY/STATE PCB WORKING GROUP E NVIRONMENTAL COMPLIANCE 0 RGANIZATION ATTACHMENl B 106 Robinson Street Ashland, Virginia 23005 PROFESSIONAL WASTE :MANAGEMENT CONSULTANTS (804) 798-4305 PRELUvIINARY Tll'vlE/COST ESTI1'\1ATE SCOPE OF \VORK NORTH CAROLII\A PCB LANDFILL PROJECT I. RECOMMEND PROCEDURES FOR EVALUATION OF EXISTING ENVIRONMENTAL CONDITIONS AT THE SITE Perfonn in O\'ersight ·assistance capacity for items 1-14 to include on- site obsen·ation and split sampling designated under item 12. TIME ESTIMATE: 373 man hours COST ESTIMATE: 373 man hours XS 75.00 /man hour= 2 roundtrips of approximately 400 miles @ S .25/ mile = S 28,175.00 II. RECOMMEND METHODOLOGY/TECHNOLOGY FOR REMOVAL OF WATER FROM LANDFILL Perforn1 in an oversight/assistance capacity including written reports for listed tasks 1-2 TIME ESTIMATE: 175 man hours COST ESTIMATE: 175 man hours X $75.00/man hour= 2 roundtrips of approximately 400 miles@ $.25/ mile= S 13,325.00 . PRELLl/J.Y-tRl' TIME/COST ESTL\l-tTE SCOPE OF WORK ]\'ORTH C-tROLI.\:-t PCB L4:YDFILL PROJECT PAGE2 III. EVALUATE POTENTIAL TECHNOLOGIES FOR DETOXIFICATION OF MATERIALS IN LANDFILL Perform in an oversight''assistance capacity for items 1, 2, 3 and 5 to including written reports for items 1,3, and 5 TIME ESTIMATE: 350 man hours COST ESTIMATE: 350 man hours XS 75.00:man hour..,.. 1 roundtrip of approximately 400 miles @·· S .25 _:mile = S 26,350.00 Time for item 4, cannot be estimated prior to better understanding the pool of potential Yendors. ECO participation in this task will be billed on a straight time -cost basis . IV. RECOMMEND DETOXIFICATION TECHNOLOGY(S) AND BUDGET FOR IMPLEMENTATION FOR FUNDING/APPROPRIATION TO GENERAL ASSEMBLY It is not clear that ECO's assistance would be required for tasks 1 and 2 under this SOW heading . Should 'ECO's assistance be required , it would be billed on straight time + cost basis . ENVIRONMENTAL COMPLIANCE 0 RGANIZATION PRELJMJJ\:4.RY TIME/COST ESTLUATE SCOPE OF 1.VORK NORTH C4.ROLIN.4 PCB L4.:YDFILL PROJECT PAGE3 V. RECOMMEND LONG-TERM INSTITUTIONAL CONTROLS FOR OPERATION AND MAINTENANCE OF PCB LANDFILL Perfonn in oversight1assistance capacity for items 1 and 4 to include preparation of detailed site closure report . It is not clear that ECO would significantly in tasks 2 and 3. TIME ESTIMATE: 200 man hours COST ESTIMATE : 200 man hours XS 75.00/man hour= 1 roundtrip of approximately 400 miles @} S .25/mile = S 15,100.00 VI. PERFORM OTHER TASKS AS IDENTIFIED AND APPROVED BY THE JOINT WARREN COUNTYISTATE PCB WORKING GROUP ECO may be available to perform additional work outside this SOW at a fiat rate of S 75.00/man hour, Senior Technical Staft~ plus travel, supplies and per diem expenses at cost. TOTAL ESTl1\1ATE Tll\1E THIS PROJECT : TOTAL ESTl1\1ATED COST THIS PROJECT: 1,098 l\1AN HOURS $ 82,950.00 ENVIRONMENTAL COMPLIANCE 0 RGANIZATION I \ I ' ~ -~~ I . ·~ i 1 ~ ........... ! '~ • I g ~ 6l 1 ~1 .~ ~ -·· ·' ~ .... ·- PAULINE M. EWALD EDUCATION: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ♦ B.S., Environmental Engineering, Cornell University, 1980 Minor in Community Planning and Development ♦ J.D., Syracuse University College of Law, 1984 Law School major in Government and Regulation ♦ Graduate work in Biochemistry, Syracuse University, ongoing CLEP in environmental and regulatory law A,/E1'1BERSHIPS: ♦ Member, Emironmental Law Section American Bar Association ♦ Member, Hazardous Materials Control Association ♦ Member, Metropolitan Washington Environmental Professionals ♦ Certified, Emironmental Professional Manager RELEVANT EXPERIENCE: As Former Director of the Virginia CERCLA Program, Ms. Ewald has over 5 years experience in the supervision, training and oversight of a large staff of engineers, chemists, geologists and attorneys, in the discovery, assessment and remediation of waste sites across Virginia Ewald was responsible for the development and institution of QA/QC sampling programs utilized as a model for states by U.S.EPA Region III. Under her direction, the Virginia Program successfully completed the first QAPP in the nation, allO\ving State personnel to sample on behalf of EPA and utilize sampling results for site analysis and ranking, enforcement, civil and criminal actions. Her position entailed project management and oversight for over 400 million dollars in remedial and removal projects in the CommonweaJ th. As Director of Regulatory Affairs for Chem Treat, Inc., E\vald initiated and developed RCRA contingency, SARA III, and employee safety plans for a multi-facility manufacturing firm. Ewald was also responsible for creating a fire brigade and emergency response team for industrial parks in Virgi~ia and Texas. Additionally, she has been actively involved with local emergency planning commissions in Texas and Virginia Ms. Ewald is the 1990 recipient of the prestigious Cavallo award for excellence in the administration of government and business. ECO is pleased to offer our services, which are uniquely suited to the sut:ccssful completion of the North Carolina PCB Site Technical Assistance project. The ECO advantage includes: * Alu/Ji-Discipl.i11ary Staff wit!, 11m/Ji-media capability * E1tdorsed by 11wjor Em·iro11me11tal alld Citi;.ens Adl•ocacy groups ' Pust re,:ulatory ltec/111ical experie,u·ed wit!, ,\Jajor Project Over.'oiJ:hl ·. .,. ' Specialists i11 acti111: as citi:.e11 adi•ocates, so 1tei•er a possibility of conflicl of int ere.fit ' AU se11ior employees hai•e ad1•a11ced degrees and experience in bot/, pri"qte a11d public sector ' 1 OO'!o ofitaff l,m·e recei,·ed EPA trai11i11g • 100% of staff are current on OSJJA safety certifica1io11s * 100°,, of staff trai1ted i11 EPA data reductioll 11,et/10d-. * Staff illcli,des Engineers. Chemists, Toxicologists • 1 OO~o s1u;cess rate of completing projects 011, or under bud1:et. a,id 011 tiiw? DEPARTMENT OF ENVIRONMENT, HEALTH & NATURAL RESOURCES Name: Pauline M. Ewald SSN: 099-52-2339 Division: --------------- Position: --------------- Dear Employee: When you completed the State Application/or Employment, you signed this statement, "I cenify that I have given true, accurate and complete infonnation on this fonn to the best of my knowledge. In the event confinnation is needed in connection with my work, I authorize educational institutions, associations, registration and licensing boards, and others to furnish whatever detail is available concerning my qualifications. I authorize investigation of all statements made in this application and understand that false infonnation or documelltation, or a failure to disclose relevant infonnation may be grounds for rejection of my application, disciplinary action or dismissal if I am employed, and (or) criminal action. I funher understand that dismissal upon employment shall be mandatory if fraudulent disclosures are given to meet position qualifications. " The letter on the reverse of this fonn will be mailed to the institution issuing the qualifying degree to verify your credentials. Please complete the infonnation below and return to Solid Waste Management Division, P. 0. Box 27687, Raleigh, NC 27611-7687. ------------------------------------- Name under which Degree/Diploma was awarded: Paul; ne M. Ewald Highest Degree/Diploma awarded: B. s. ---=-.:.:::....:'----------------- Name of Awarding Institution: ____.,C ..... au...r ..... o .... eJ~_J ........... l ..... lo .... i..._ve ..... r_s._.i ..... t.J..y _____________ _ Streetand/orCampus: College of Agriculture and Life Sciences City: __ I_t_h a_c_a ______________ State: _N_Y ___ Zip: 1485 O I authorize educational institutions, associations, registrations and licensing boards, and others to furnish whatever detail is available concerning my qualifications. Employee's Signature: See attached Date: -~-~------------ DEPARTMENT OF ENVIRONMENT, HEALTH & NATURAL RESOURCES Name: Pauline M. Ewald SSN: 099-5 2-2 33 9 Division: --------------- Position: --------------- Dear Employee: Mien you completed the State Application/or Employment, you signed this statement, "I certify that I have given true, accurate and complete information on this form to the best of my knowledge. In the event confirmation is needed in connection with my work, I authorize educational institutions, associations, registration and licensing boards, and others to furnish whatever detail is available concerning my qualifications. I authorize investigation of all statements made in this application and understand that false information or documentation, or a failure to disclose relevant information may be grounds for rejection of my application, disciplinary action or dismissal if I am employed, and (or) criminal action. I fun her understand that dismissal upon employment shall be mandatory if fraudulent disclosures are given to meet position qualifications." The letter on the reverse of this form will be mailed to the institution issuing the qualifying degree to verify your credentials. Please complete the inf onnation below and return to Solid Waste Management Division, P. 0. Box 27687, Raleigh, NC 27611-7687. --------------------------- Name under which Degree/Diploma was awarded: __._P .... a.._111 ..... , ..... · n....,e..., 7 ,...M.._, _.E..,w...,.a ...... J..,,._d _______ _ Juris Doctor -i .D. Highest Degree/Diploma awarded: --------------------- Name of Awarding Institution: Syracuse University College of Law Street and/or Campus: _________________________ _ City: Syracuse State: -----"--------------_N_Y ___ Zip: 13244 I authorize educational institutions, associations, registrations and licensing boards, and others to furnish whatever detail is available concerning my qualifications. Employee's Signature: Date: ----------------See attached ECO ~4 7~~ 4-cc Rpt· ?l,(_1 4' TEL NO. sc,,. I~)(\ ,' j ):) -l'.):j:i t-'.U4 w., •"""'a • r r~ , 1ii' •.,. r .... --. ····--··-... --··-. - ' ' ) DBPA.R1MBN OP BNVIRONMBNr, HBALTII & NATUR4£ RBSOURCBS vNamt.· ~ ~ k: { 0/ e: m ~ £wP. 1,,p v'SSN,• f)q 9 · 62 -2:, 3J :l D/y/slon: __,.. __________ _ Po.sltlor,: ____ ,... _______ _ Dear Bmp1o~u: Wh,n you tompltttd , 1 e State Appllcatl,m/or Employment, you 1l1n1d this 1tQtemem. •1 cen(fy tha1 I hll~ glYln '"'F, accurate and c<>mp/11, llfft,nnarlon on 1hls fonn 10 the bis, of my knowledge~ In the ~~,n1 w,vlnna,lon ll nted,d In co1111tcllon wl11, my work. I au1h()r/tt tducatlon4I lnslltutlo~. ossoclotlt>n.r, registration afJd 1/c,nslng b<>ardt, ,md others to .,furnish wht11evtr detail Is ovpllable concerning my qua/1/katlons. I omhot-ltl lnVtstlgatl<>n <>I all starem,ms madt in this application and undtrstantl thar falst l'lformallt>n or docum~m"tlon, or a /allur, (O dlrclost tlevam lttfomi<Hl()n Illa) b, 1ro11nd.s for r,Jictlon of my appllcm/0111 dlsclpllna~ Qct/011 or tsmlssal If I '1m employed, an!I (or) criminal action. lfurthlfr underJ•umtl lhOI dlsml IOI upon e iployment 1hall b, mandQ1"f)' If /raudul,n, dllCIOlU~I Ord given 10 meet poslllon q olV,oatlon.r • I ' '111e 1,11~, i°" thl -~v rse o/ this /onn w/11 be malled ID the lnstlt11llf?n l.s.sulng 1hi qualtfjlng degret 10 -.,erlfi your rtdtntlals, Pl111i1 comp/et, th, l,tfonnallon 6,low a11d r,tur,-to $()lid Wa1t1 Mopa11m,n1 /vision, P. O. Box J'/681, 1tot,t1h, NC 2161J-'1681. D~1ree!l>lp awardid: _]_. S ....... ,. ___________ _ r". ~ , ,_,,11m,ilf 11'wardl11g rl11n: U)e, II £ kl. (.) A/ J Jl lR .S: I 1j-- ""'Nttand)orCaJnpus.· COkt~6.fr: of ,B Gft/CUL-1 UR£-~. L;1f€ :5c1£Nc£S JJlry: __....__._~~..L.-------s,a,,.. tJ. y 'm Ztp: I 't 'i 50 .• I outh<>rl~ educotlcma tn11l1u1lons, o.r1ocl11t1ons, rtglstra1lons '""' 1/c,nslng boards, and others 10 Jl,misli ,W,atewr d1 111/ Is ~,~blew-min& my qualU,cor/onJ. ~p/oyel!'I s,,na,ur,,• ~ m 6,J,JL ' Pa,~.· L/ Lis Irr '™T 7 ---~__..,. .... . ' ~-"--. '\, ,,, \, / _· \ ( C , ... t .-, \ ~ z 0 ;~ :. _-/; ,-:i;. <'y 01---_ '<-~-r State of North Carolina . --_ _, ··-· ___ ,,. iou'Q .,.c,~partment of Environment, Health, and Natura_l, ~~s9~~ce~ -")i i ;;J .. 512 North Salisbury Street • Raleigh, North Carolina 27604 Division of Solid Waste Management (919) 733-4996 · Jonathan B. Howes, Secretary James B. Hunt, Jr., Governor Dear Registrar: 1he Personnel Office ls In the process of verifying post secondary degrees/diplomas and professional licensure, cenifica1ion, or registra1ion of new employees and applicants being considered jor appointment. We would apprecia1e your assistance In this endeavor by compleling the lrifomuuion al the bottom of the page for the Individual lisred below. As you can see from the reverse side of rhisfonn, the applicant/employee has signed a srarement to release the lrifomuuion. Name under which degree/diploma was awarded: Pauline M. Ew ald First Middle Last Social Security No.: __ 0_9_9_-5_2_'-_2,_3_39 _______ Year Graduated: ___ 1'-'9"""8;:,;..0 __ --------------------------------- THE FOUOWING IS TO BE COMPLETED BY TJIE OFFICE OF TJIE REGISTRAR Enrolled from_9J.l.!}J ,0 __ 1_2;_2_3_/7_9 ________ _ :iuurJ cvrtipi~ied 5emesrer x Quaner Did student recdve a degree(s) ~ Bachelor _o_f~S-c-ie_n_c_e __ no ____ ============ If so, what degree(s) 01/16/80 · major(s) _,A=g=r=i=c=ul=t=-=u=r..::.e ______ _ • Did student receive a diploma@__..s=a=me=---------no _________ _ Ifso, whardiploma ---------------------------Did student receive a cenijicate? yes _________ no ________ _ Jf:;p, wha1cenijica1e \~ 4 1 _,......... Signed Dav id S Yeh University iR'!!;;-:::a::' ~= 4/26/94 Da1e ________ _ Registrar NOTE: Please use official stamp and/or raised seal. PLEASE RETURN TJIIS IN TIIE AITACJIED SELF ADDRESSED ENVELOPE PO Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919 733-4984 Fax# 91~733-0513 An Equal O ppo rtunity Affirmative Action Employer z (', 0 ~ t,. State of North Carolina '01-0 Department of Environment, Health, and Natural ~esou "s 512 North Salisbury Street • Raleigh, North Carolina 27604 l Division of Solid Waste Management (919) 733-4996 · Jonathan R Howes, Secretary James B. Hunt, Jr., Governor Dear Registrar: The Personnel Office Is In the process of verifying post secondary degrees/diplomas and professional licensure, cenijication, or registration of new employees and applicarus being considered jor appoinrmeru. We would appreciate your assistance In this endeavor by completing the lrifonnarion at the bottom of the page for the Individual lis1ed below. As you can see from the reverse side of this form, the applicarulemployee has signed a statement to release the lrifonnarion. Name under which degree/diploma was awarded: Pauline M. Ewald First Middle Last Social Security No.: --'0....,9'""'9_-=5 2 ..... -...:::.· 2=33=9~------Year Graduated: _1_9_8_4 ___ _ -----------THE FOUOWING IS TO BE COMPLETED BY TJJE OFFICE OF TIIE REGISTRAR Enrolled from August 25_,_19_8_1 ______ to August 14 , 1984 .'-!c-w;-.; ~v;,-.p:tii.J 85 lemester x Quaner _____ _ Did srudenl receive a degree(s)? yes __ x ________ no ________ _ If so, what degree(s) . J URIS DOCTOR major(s) _L_A_W ________ _ • Did studenl receive a diploma? yes __________ no ----=x...._ _______ _ ljso, what diploma ________________________ _ Did studeru receive a certificate? yes _________ no _x ________ _ 1/¥>, wha1cenifi e------+------------------ Signed -----;i~;..;._..;.....L-=-.::..--=---,,,'---l...---------Dale April 28, 1994 Registrar NOTE: Please use official stamp and/or raised seal. PLEASH JlETURN TIIIS IN TIIE A TTACIIED SELF ADDRESSED ENVELOPE PO. Box 27~7. Raleigh, North Carolina 27611-76117 Telt'phone 919 733-49114 Fax # 919--733-0513 An Equal Opportunity Affirmative Action EmployL-r E NVIRONMENTAL COMPLIANCE 0 RGANIZATION 106 Robinson Street Ashland, Virginia 23005 PROFESSIONAL \\1ASTE MANAGEMENT CONSULTANTS (804) 798-4305 PRELIMINARY TIME/COST ESTI1\1ATE SCOPE OF WORK NORTH CAROLINA PCB LANDFILL PROJECT I. RECOMMEND PROCEDURES FOR EVALUATION OF EXISTING ENVIRONMENTAL CONDITIONS AT THE SITE Perform in oversight/assistance capacity for items 1-14 to include on- site observation and split sampling designated under item 12. TIME ESTIMATE: 373 man hours COST ESTIMATE: 373 man hours X $ 75.00/man hour= 2 roundtrips of approximately 400 miles @ $ .25/ mile = $28,175.00 II . RECOMMEND METHODOLOGY /TECHNOLOGY FOR REMOVAL OF WATER FROM LANDFILL Perform in an oversight/assistance capacity including written reports for listed tasks 1-2 TIME ESTIMATE: 175 man hours COST ESTIMATE: 175 man hours X $75.00/man hour= 2 roundtrips of approximately 400 miles @ $.25 / mile = $13 ,325.00 r -- I , . ., PRELHIIN4RY THIE/COST ESTIMATE SCOPE OF J,J,'ORK NORTH C4ROLIN4 PCB L4NDFILL PROJECT PAGE2 III . EVALUATE POTENTIAL TECHNOLOGIES FOR DETOXIFICATION OF MATERIALS IN LANDFILL Perform in an oversight/assistance capacity for items 1, 2, 3 and 5 to including written reports for items 1,3, and 5 TIME ESTIMATE: 350 man hours COST ESTIMATE: 350 man hours X $ 75 .00/man hour + 1 roundtrip of approximately 400 miles @ $ .25 /mile = $ 26,350.00 Time for item 4, cannot be estimated prior to better understanding the pool of potential vendors. ECO participation in this task will be billed on a straight time + cost basis. IV. RECOMMEND DETOXIFICATION TECHNOLOGY(S) AND BUDGET FOR IMPLEMENTATION FOR FUNDING/APPROPRIATION TO GENERAL ASSEMBLY It is not clear that ECO's assistance would be required for tasks 1 and 2 under this SOW heading. Should ECO's assistance be required, it would be billed on straight time + cost basis. ENVIRONMENTAL COMPLIANCE 0 RGAi'~IZATION l .... PRELIMINARr TIME/COST ESTIM4TE SCOPE OF 1-VOR.K NORTH CAROLI1VA PCB LA NDFILL PROJECT PAGE3 V . RECOMMEND LONG-TERM INSTITUTIONAL CONTROLS FOR OPERATION AND MAINTENANCE OF PCB LANDFILL Perform in oversight/assistance capacity for items 1 and 4 to include preparation of detailed site closure report. It is not clear that ECO would significantly in tasks 2 and 3. TIME ESTIMATE: 200 man hours COST ESTIMATE: 200 man hours X $ 75.00/man hour = 1 roundtrip of approximately 400 miles @ $ .25/mile = $ 15 ,100.00 VI. PERFORM OTHER TASKS AS IDENTIFIED AND APPROVED BY THE JOINT WARREN COUNTY/STATE PCB WORKING GROUP ECO may be available to perform additional work outside this SOW at a flat rate of$ 75.00/man hour, Senior Technicd Staft~ plus travel, supplies and per diem expenses at cost. TOT AL ESTIMATE Tl1\1E THIS PROJECT : TOTAL ESTIMATED COST THIS PROJECT: 1,098 MAN HOURS $82,950.00 ENVIRONMENTAL COMPLIANCE 0 RGANIZATION Contract for Detoxification Study for PCB Landfill Air Fare $ 5,400.00 Hotel 780.00 Per Diem 624.00 Consultation Fee (Pauline Ewald) 12,480.00 ($65/hr X 16 Hrs. X 12 trips) Intercity Transportation 240.00 $ 19,524.00 Air Fare $ 5,400.00 Hotel 780.00 Per Diem 624.00 Consultation Fee (Joel Hirschorn) 19,200.00 ($100/hr X 16 Hrs. X 12 trips) Intercity Transportation 240.00 $ 26,524.00 Separate Contract: Technical Analysis Existing Condition at Landfill $ 20,000.00 Removal of Water 150,000.00 Annual Operating Cost 50.000.00 $ 220,000.00