NCD980602163_198002011_Warren County PCB Landfill_SERB C_Warren County v State of NC - Answer to Interrogatories-OCR

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DIS TRI CT OF ~TORTH CAROLINA
RALEIGH DIVISION
WARREN COUNTY,
Plaintiff,
No. 79-560-CIV-5
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v.
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1\NSWER TO INTERROGATORIES
TO DEFENDANTS STATE .OF
NORTH CAROLINA AUD
STATE OF NORTH CAROLIHA,
et al.
Defendants.
TO: Norman B. Smith
BURtEY B. MITCHELL
Charles T. Johnson
· P. O. Box 646 Smith, Patterson, Follin,
Curtis, James & Harkavy
704 Southeastern Building
Greensboro, North Carolina
27401
Warrenton, North Carolina
27589
Pursuant to Rule 33 of the Rules of civil Procedure I hereby
serve u9on you the folla~ing answers to the above-referenced
interrogatories which were served on the defendants State of North
Carolina and Burley B. Mitchell on January 13, 1980:
1.1 Cost of Alabama Disposal
PCB Haul to Alabama
300 24,000 GVW Trucks at $19.26 / day at 5 days
600 Truck Drivers at $5.00 hr. at 40 hrs.
Per diem (600) (3.5) ($39.00 /day)
10 Mechanics at $12.32 /hr. at 40 hrs.
10 MCL II's at $7.00/hr. at 40 hrs.
Per diem (20) (3.5) {$39.00/day)
20 Pickups at $7.08/day at 5
Truck fuel Smpg -1400 miles at $0.95 at 300 Trucks
Pick-up Truck Fuel 14 mpg -1400 miles -at 0.95
at 20 Trucks
Estimate 10 shoulder miles per 6 day cycle
Weekley
= ~8,890
= 120,000
= 81,900
= 5,328
= 2,800
= 2,730
= 708
= 7'J,800
= 1,900
324,056
Total Calendar weeks = 211 sh. miles =21.l/6day PE:i;iods
10 sh. miles/6days
21.1 6 day cycles= 126.6 cal. days= 18 weeks
Total Haul Cost= 18 weeks x $324,056 = $5,833,000
Add 10% Variance Cost= $6,400,000 Est.
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Cost
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Removal Costs •
Equipment:
2 Hydroseeders at $31.60/day
1 Mtr. Grader at $53.54/day
1 Athey Loader at $33.04/day
1 Rotary Broom at $10.70/day
124,000 GVWLWB at $15.44/day
2 Pickups at $7.08/day
La::>or:
1 MCL IV at $8.44/hr. at 8 hrs.
1 MCL II at $6. 85/hr. at 8 hrs.
1 !10 IV at $7 .OO/hr. at 8 hrs.
3 MO II at $5.96/hr. at 8 hrs.
1 MO I at $5.25/hr. at 8 hrs.
5 GV\\1 1 s at $4~~74/hr. at 8 hrs.
Times Additive
Total
Times Variance
Total
Estimate l mile per day {211) (926.83) = ~200,000 Est.
1
Shoulder Repair
Equipment
2 Mtr. Grader at $53.54/rlay
1 Athey Loader at $33. 04/day
1 Front Mt'd Broom at $10.70/day
4 24,000 GVW Trucks at $19.26/dav
1 Grain Drill at $5.00/day
l Mulch Spreader at $6.23/day
1 Tractor at $6.24/day
1 2 4 ,000 GV\'"1 Tr. v-m at $15.44/day
= $63.20
= 53.54
= 33.04
= 10.70
= 15.44
= 14.16
$190.08
= 67. 52
= 54.80
= 56.00
= 14 3. 04
= 42.00
= 189.60
$552.96
1.18
$652.49
$842.57
1.10
$926.83
= 107.08
= 33.04
= 10.70
= 77.04
= 5.00
= 6.23
= ·1 6. 24
= 15 • ..44
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l 600 Gallon Utility Truck at $9.53/day
1 Utility Trailer at $3.60/day
5 Pick-up trucks at $7.08/day
= 9.53
=:; 3. 60
= 35.40:
$309.30
Plus fuel 100.00
Total Est. $409.30
Labor:
l · MCL II at $6. 85/hr. at 8 hrs.
l Landscape Spec. II at 7.09/hr. at 3 hrs.
1 Landscape Spec. I at $6.10/hr at 3 hrs.
2 MO IV at 7.00/hr. at 8 hrs.
l MO II at 5.96/hr. at 8 hrs.
4 MO I at 5.25/hr. at 8 hrs.
5 GVW at 4.74/hr. at 8 hrs.
5 Truck drivers at 4.88/hr. at 8 hrs.
= 54.80
= 56.72
= 48.80
= 112.00
= 47.68
= 168.00
= 189.60
= 195.20
872.80
Times Additive 1.18
Materials:
3 Tons Limestone at $33.00
1/2 Ton Fertilizer at 88.00
250 II seed at 0.17
3 Tons Straw at 66.00
300 gallons · RC-250 at $.45
Cost Per day= (309.30 + 1029.90 + 518.50)
= $2045 Est.
Estimated daily Production= 1.75 miles
Estimated Cost 211 (2045)=$250,000 Est. r:,5
Quantity of PCB Material
3" x 30" x 210.97 miles= 25,785.22 CYDS
1.10
$ 1,029.90
= 99.00
= 44.00
= 42.50
= ·198.00
= 135.00
518.50
Estimated overage di.:eto High Shoulders (3/4") = 6,446.3
Subtotal= 32,231.5
Loose Estimated Swell due to Vegetation (15%) = 4,834.7
Estimated Total
10% Contingency
Estimate -Say
=37,066.2
= 3,706.6
40,772.8
40,000 CYds.
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Weight of PCB Material
( 4 o , o o o c. y ds . ( 2 7 ft 3) ( 8 0 #/ft 3) = 8 6 , 4 O O , O O O #
C. Yd.
Haul
cost Per Lb. (Haul)
$6,400,000 = $.074/Lb.
36",400,000
Cost Per Ton Mile (Haul)
$6,400,000 = $0.12/ton mile
(43,400) (700)
TOta1 Cost
Removal
Shoulder Repair
6,400,000
200,000
250,000 ~.aso,ooo Total
1.2 Disagreement with EPA figure of two cents per pound.
We are not aware of all of the factors upon which EPA relied
to arrive at the two cents per pound figures contained in their
support docum:!nts . Factors which would explain the higher figure
calculated by the State include
(1) Increased fuel costs since EPA estimates were made
(2) North Carolina will have to use small (4 yd.) dump trucks
due to the pick-up method. Transportation by such trucks is not as
cost efficient per pound as larger trucks. In addition, ~PA
estimates were based on transformers and capacitors which have 'a
higher density and consquently can be transported at a lower cost
per pound by taking advantage of maximum weight limits.
( 3) EPA estimate is based on a 400 mile average trip. The
average round trip from the contaminated roads in Horth Carolina to
the Alabama site would be approximately 1400 miles.
1. 3 -· Specific Figures. Requested.
(a) Quantity -(See 1.1)
(b) Fee (See 1.1)
(c) Tr uckloads (See 1.1) -Estimates o f haul costs were made
on a calculation of costs per day therefore no direct
calculation of truckloads has been made.
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2. Specifications for identification, excavation blending,
spreading, and stockpiling clayey materials have not been specifi-
cally established at this time. Consul ting engineers will assist
the State in developing procedures acceptable to EPA and
necessary to obtain design approval from EPA. It is anticipated
that the procedures will follow generally acce pted soil engineering
practices.
The following set of procedures, to the best of our knowledge,
outlines the types of engineering practices that will be utilized
in obtaining clayey materials for impermeable liners.
Comparison of laboratory permeability results indicate that there
is no significant difference in permeability, with respect to
exceeding the EPA standard of ~Ox 10-7 at 95% standard proctor,
in the 0-2', 0-4' (2/5&6/79) and 5-6" to 30" (12/13/78) sur ficial
s oils. All available data indicates a uniform, vertically and hor-
izontally, 0-4' clayey layer that will exceed the required
permeability. No special blending of clayey materials, other than
mixing from excavation procedures will be required. It is realized
that these materials were composited or blended for laborabory
testing; however, the extensive field classification and laboratory
testing identified these materials as significantly equivalent
with r e spect to engineering characteristics and permeability.
Therefore, it is reiterated that no blending will be required.
A formula for calculating volumes of excavations is
Depth [Top area+ Bottom area+ 4 (midsection area)]
6 27 = yd .• 3
Depth is in feet, area in square feet, and denominator is ft.3/yd.3 •
This formula when applied to the conceptual configuration of the
disposal excavation indicates that a surface area of 2 acres (87,025
ft.2 ) will provide a disposal volume of slightly greater than
3 40,000 yd. (3 to 1 horizontal to vertical side walls; 20 foot
average depth above and below, existing land surface ). The resulting
bottom area is 30,625 ft.2 • A five foot liner depth.
3 And 5' vertical extension up the side would require 6,000 yd .•
3 There is approximately 12,000 yd. of suitable line r materi als
(compacted permeability less than 1.0 x 10 CM/SEC) in the surface
0-4' layer over the 2.0 acres to be utilized. 3 There is 6,000 yd.
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in the surface 0-2' layer. Therefore the 6" to 30" soil layer
(after stripping of vegetation) will provide the mos t clayey
materials and are of sufficient volume to construct the clayey
liner. 3 There is approximately 25,000 yd. of avail able suitable
liner materials in the area tested.
Excavation and Stockpiling -All vegetation and topsoil will
be removed from the surface and stockpiled for use as final cover.
Field observations will determine actual depth and is estimated
to be 6". Qualified engineers operating transits and/or levels
and target rods will control horizontal and vertical parameters for
excavation and grade to expose and remove clayey liner materials.
Motorized graders, scrapers or crawler tractors with earth blade,
front end loader or equilavent equipment will perform these proce-
dures.
Once the clayey material is exposed standard field classifica-
tion supported by laboratory test
(ASTM D-422 grain size analysis, ASTM D-425 liqui d limit, ASTM D-424
plastic limit, ASTM D-2216 moisture) will be requir ed. Field
classification will be accomplished by obtaining a minimum of 5
cores per 1,000 ft.2 with a tube or hand auger to a depth of 2 feet.
Laboratory test will be performed on the samples obtained from. 'the
field classification samples on a minimum of 2,500 ft.2 i n tervals.
Any materials not suitable for liner construction will be excavated
with a backhoe or front end loader. Moisture control will be
maintained by diversion of surface runoff and covering the exposed
area with 4 mil plastic sheets. These procedures will be under
the direct supervision of experienced soil engineer(s). After
locating sufficient volume of suitable liner material, excavation . . ·.1
will proceed.
Prior to excavation of liner materials an area (approximately
150' x 150') immediately adjacent to the site will be s tripped to
the upper most clayey later, using the same procedures previously
stated. The liner materials will be excavated and stockpiled in this
area. In order to prevent the inclusion of unsuitable soils· i n the
liner materials the stockpile area will be subjected to the same
tests as the liner materials. This procedure will also supply:., . ·
additional volume of liner material if neede d. La rger areas will
be stripped and tested if required.
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Due to the reslatively shallow location of the clayey mater-
ials a self-elevating scraper will probably be used for excavation.
Excavation will be in 4 to 6" increments (established by equipment
limits) in successive layers until the required volume is obtained.
The materials will be sufficiently blended by the beating action
of the elevator paddles. Alterative excavation can be accomplished
by stripping of 4 to 6" layers into windrows by motor graders or
crawer tractors with pick up and transport to the stockpile area
by elevating scrapers or front end loaders. The stockpiled mat-
erials will be compacted or covered with 4 mil plastic for moisture
cont rol.
The stockpiled materials will be tested in accordance with
ASTM D-698, moisture density, ASTM D-2216 moisture, U.S. Army
Corps of Engineers Manual EM 1110-2-1906 Fallinghead permeabi1ity,
ASTM D-422.and ASTM D-1140 gram size, ASTM D-423 liquid limit,
ASTM D-424 plastic limit and ASTM standard D-2487-6~ classification.
These tests will be performed on a maximum of 2,000 ft2 grid
inte rvals.
If additional soil blending is necessary excavation methdds
will be modified to enhance blending. The entire stratified lift
to be blended will be removed enmass by front end loaders,
windrowed, and blended with an elevating scraper. Alternatives
include: placing materials to be mixed in alternate piles or
windrows and blading across each other, spreading in tli.n (4-~".)
layers and vertically mixing with disks or rotary tillers; spread
alternate materials in thin layers (4-6") by elevating scraper
and mix with disks or rotary tillers. The same testing procedures
would be required to eval.uate the blending process and final product.
NOTE: Quality Control -The standard Proctor test is a safety
factor in that it represents a compactive effort of 12,400 ft. lo./
ft. 3 e xerted by light to medium rollers wi th 300 to 700 psi •. ,.
It is not unusual to exceed standard proctor, 105% standard is
common with 6 to 8 passes with a sheeps foot roller in this con-
tact pressure class. All O to 4 11 materi al exceeded permeability
standa rds at 95% standard Proctor and 100% standard will be expected,
thus further reducing the permeability. He avier equipment could be .
used to compact to Modified Proctor Sta ndards (56,000 ft. lb./ft.3
and 1,000 to 1,200 psl) to reduce p e rme a b i lity.
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3. Chatham County originally off~red to sel l the State a
portion of the county landfill for use as a PCB d i sposal site.
This offer was later withdrawn. The State f elt that it wa s the
prudent course of action to seek a suitable site or sites whi ch
could be acquired voluntarily to avoid the time a nd expe nse assoc-
iated with condemnation. Since the proposed Wa r ren Count y site
was equal or superior to the Chatham County site and could be
acquired without the necessity of condemna tion the prop osed
Warren County site was deemed to be the better alternative.
4. Sites with montmorillonite clay were investigated in-
cluding, two sites in Chatham County, one site in Wake County, and
one site in Granville County. These sites were rejected due to
close proximity to high population densities and location ~elative
to public supply water sheds. A single criterion such as type of
clay is not an appropriate criterion for evaluation of a PCB
disposal site. Montmorillonite type clay, under saturated con-
dit ions, is an excellent sealant for liq uids. However, under dry
conditions, such as below the proposed plastic liner, inherent
shrink-swell potential may lead to structural or design system
failure. In a saturated state montmorillontie clay will have
extensive, tightly adsor bed water films; PCB is hydrophobic, non
polar, and non ionic and will be effectively repelled by these
water films. Shrink-swell characteristics and lack of PCB
sorption in the saturated o r best sealing state reduces the
e ffectiveness of 2:1 clays in this specific situation.
5. See 1.1 above.
~ This the _lj_ day of February, 1980.
RUFUS L. EDMISTEN
Attorney General
By t,J , (l, -~-=------::-----=------c-:---+__, ______ _
W. A. Rane y, Jr.
Specia l Deputy
P.O. Box 629
Raleigh, N. C. 27602
919/733-5725
General
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CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of
the foregoing ANSWER TO INTERROGATORIES TO DEFENDANTS STATE OF
NORTH CAROLINA AND BURLEY B. MITCHELL, on the attorneys of record
by depositing copies in the United States Mail, postage prepaid,
addressed as follows:
Norman B. Smith
Smith, Patterson, Follin, Curtis,
James & Harkavy
Willi am W. webb
Assistant u. s. Attorney
Federal Building
704 Southeastern Bldg.
Greensboro, North Carolina 27401
New Bern Avenue
Raleigh, North Carolina
and
Charles T. Johnson
P.O. Box 646
27601
Warrenton, North Carolina 27589.
This the -1/!:_ day of February, 1980.
RUFUS L. EDMISTEN
Attorney General
By_(i\J~-!.·~--.----L..:.~=':t-J.._:____:_ __ W. A. Raney, Jr.
Special Deputy Att General
P.O. Box 629
Raleigh, North Carolina 27602
919/733-5725
STATE OF NORTH CAROLINA
COUNTY OF WAKE
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VERIFICATION
w. A. RANEY, JR., first being sworn says:
That he is attorney of record for the State defendants in this
action and that the foregoing answers were prepared by him and under
his supervision by various employees of the North Carolina Depart-
ment of Transportation, North Carolina Department of Human Resources,
and the North Carolina Department of Crime Control and Public
Safety and that the same are true to the best of his knowledge
save and except those matters stated on information and belief,
and as to those matters he believes them to be true.
Sworn to and subscribed before
me this the J..L_71aay of
February, 1980.
7otary7?~c
w. A. Raney, Jr.
Special Deputy Attor e
My Commission Expires: ntw-1 'I, JlflJ
(SEAL)
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