NCD980602163_19960104_Warren County PCB Landfill_SERB C_Memo and Minutes, 13 Dec 1995-OCR

NC S~PERFUND SECTION Fax:[phone]
I State of North CaroKna
Department of Envtronment,
Health and Natural Resources
Division of SOiid Waste Management
1 James B. Hunt, Jr., Governor
• Jonathan B. Howes, Secretary
WIiiiam L. Meyer, Director
i
Jan 4 '96
! . i FAX TRMJsMITIAL RECORD
i I
DATE· I •
9:35
~OM: ---------;, Solid Waste Management Division
----~ Solid Waste Section
,! Hazardous Waste Section -------~-1
P. 01106
i TO:
. M 1 ,: Superfund Section
4ll,U/c)} c!vLtd~tj ~eA-• ~H-,/ .,......,,,--~-;
I
RE: ~:UtU
1
i
N!mber of pages (including cover) !
I c1nfirm receipt of document(s): .
Division of Solid Waste Management
Solid Waste Section
Hazardous Waste Section
Superfund Section
[phone]
[phone]
[phone]
[phone]
P.O. Box 27687. Raleigh. North Carolina 27611-7687 Teleph:>ne 919-733-4996 FAX [phone]
An Equa Opportunity Affirmative Action Employer ~ recycled/ I O'l. post-consumer paper
NC SUPERFUND SECTION Fax:[phone] Jan 4 '96
Joint Warren County State PCB Landfill Working Group
Draft December 13, 1995 Meeting Minutes
9:36 P.02/06
The regular meeting of the Joint Warren County St.ate PCB Landfill Working
' Group (Working Group) was called to order at 2:34 PM on Wednesday, December 13,
1995 at the Warren County Courthouse, Grand Jury Room with a prayer recited by Ms.
Dollie Bwwell. The meeting was co-chaired by Mr. Ken Ferruccio, Ms. Dollie Burwell,
and Mr. Henry Lancaster. The generic agenda was distributed.
ROLL CALL/INTRODUCTIONS ;
Ms. Deborah Ferruccio introdu®d Rev. Clifford Coles of the Episcopal Church.
READING AND APPROVAL OF ~NOTES
Three typographical corrections were made to the November 28, 1995 minutes.
i Mr. L.C. Cooper moved to accept the ~utes with the corrections. The motion was
seconded and passed.
REPORT OF COMMITTEES
, Executive Committee
The Executive Committee conducted interviews with the finalists: Mr. Patrick
Barnes, P.G., of Barnes, Ferland & Assqciates, Inc., and Mr. Joel Hirschhorn of
Hirschhorn and Associates, a division of Hygienetics Environmental Seivices, Inc.
1 beginning at 2:45 PM. The format presented for the interviews to be conducted by the
Working Group was as follows:
1. 15-minute opening statemenl delivered by the :finalist,
2. 70-minure question and ans~ei:' period, and
3. five-minute summation.
Mr. L.C. Cooper moved to accept the f~ as stated. The motion was seconded and
1 passed. Ms. Burwell informed the Working Group that a coin was tossed to choose the
first time slot for the interviews. Mr .. Hirschhorn won the toss and was interviewed first. I
The question of recording the interview~ was brought to the floor. Mr. Ron Nixon
suggested that the finalists be asked if~ey had objections to recording, both audio and
video. Mr. Lancaster's motion to record the interviewed was amended by Mr. Nixon's
suggestion. The motion was seconded Jnd passed.
UNFINISHED BUSINESS
None
NEW BUSINESS
Membership Addition
Ms. Bobbie Riley was added tolbe membership of the Working Group and was
presented her letter of appointment fro.ni Seer :tary Howes.
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NC SUPERFUND SECTION Fax :·919-733-4811 Jan 4 '96 P.03106
Decem~r 13, 1995 Working Group Minutes
Page2
New Travel Expense Reimbursement Form
Ms. Pat Williamson distributed a memorandum from Mr. Gregory W. Weaver of
the Divisjon of Solid Waste Management. The .memorandum described the new travel
expense reimbursement forms and procedures for non-DEHNR employees.
Co"espondence regarding the Technical Permit and Electrical Service
Mr. Bill Meyer distributed copies ofletters he had written to Carolina Power &
Light, Aquaterra, and SoilTech ATP systems regarding the electrical power to the landfill
1 for the pilot scale study. Mr. Meyer also distributed comments regarding the R&D
Permit application.
Interviews
Mr. F erruccio informed that groi;.p that he had received the correspolldence
written by Ms. Nan Freeland summarizing the outcome of the conference call held I
1 between Working Group members on l-.rfonday, December 11, 1995. He said that he was
I in agreement with the letter, and therefore, would not be participating in the review
process.
The interviews began as approv~d at the November 28, 1995, meeting. Mr.
Hirschhorn was interviewed first with tlie Executive Committee and the Working Group.
Interviewing continued to approximatelf 5:50 PM.
It was decided by common cons~nsus to discuss the finalists before casting the
vote. Mr. Lancaster introduced the idea/ that there may be distinct roles and
responsibilities for each of the finalists given their areas of expertise. Mr. Dennis
Retzla:I moved to vote to consider both:candidates for the science advisor. The motion
was se :anded and passed. In addition; ¥5. Monica Porter suggested that the vote be
taken in the event that one finalist or both finalists decided not to accept the offer to work
jointly. Fifteen of the 17 voting meml>J.s present voted using secret ballots. The ballots
I were tallied by Ms. Pat Williamson and lMs. Priscilla Tyree. The majority of ballots were
cast for Mr. Hirschhorn. Mr. Lancaster :will notify the finalists of the decision of the
Workiug Group for a joint effort. If eit~er of the candidates declines the offer to work
jointly, Mr. Hirschhorn will be notified tliat he was selected as the sole science advisor.
, Mr. Lancaster suggested a division of assignments for Messrs. Barnes and Hirschhorn, in
the event both gentlemen accept the off~r to work jointly.
Duties
Development of Master Plan
Geology
Technology Assessment
Legislative Support
• Lobbying
• Community Activation
Detoxification Contract Management
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I Responsibility of: i
I • Barn.es, Ferland & Associates, Inc.
; Barnes, Ferland & Associates, Inc. !
: Hirschhorn and Associates i
I
Barnes. Ferland & Associates. Inc. and
Hirschhorn and Associates
Barnes~ Ferland & Associates, Inc.
Barnes, Ferland & Associates, Inc.
NC SUPERFUND SECTION Fax:[phone] Jan 4 '96 9:36 P.04106
December 13, 1995 Working Group Minutes
Page 3
Prior to voting, Ms. Ferruccio alleged that the entire process for the selection of a
science advisor had been flawed. However, when asked to substantiate her claim she
refused. Mr. Lan.caster stated that both finalists had requested information regarding the
! landfill investigation to date. However, Mr. Bames, on his on initiative, came to Ral~i
and reviewed the files himself. Conversely, Mr. Hirschhorn requested limited data
faxed to him. "
OTHER BUSINESS
None
ACTION ITEMS
1. Mr. Lancaster to contact the finalists and infonn them the decisions of the
Working Group.
ADJOURNMENT
The meeting was adjourned at 6:~5 PM. The date of the next meeting will be
ann.ounced at a later date.
Attachments
Priscilla M. Tyree
North Carolina Department ofEnvironnjtent.
! Health and Natural Resources •
Division of Solid Waste Management
' Recorder
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DEC-27-95 15:36 NC WARN
Wasl• Awa1•11•11 •n,I ••du,1io11 N•lwo,lc 0
. . .• NC WARNJ)
. .
Jim Warren. Executive Dl'rector
2009 Chapel HIii Road P.O. Box 61051
Durham. NC 27715-1051
Telephone a,nd f.'ax; [phone]_ MEMO, 12/2.7/95
TO! HENRY. LANCASTER .\ • 1· j,1, ~
FROM: JIM WARREN .. . . ('. '111/--.... ~ •. w r I--
SUBJECT:·.· SCIENCE ADVISOR -~TATUS: WAR.REN COUNTY PCB LANDFILL
P:01
I am concerned by your 12/ .J,9/95 -memo to Bill Meyer regarding the science
advisor selection. · . .
• It was_ clearly . d.et~rmined by the Workj.ng Group that Joel . Birschorn • is our
choice as science advisor, _with Lhe-agreement that Patrick .Barnes would be a
good acldition to the tea.m lr boLh parties are receptiv_e to that arrangeU1ent.
I cannot understand the proposed division of labor you presented to Bill;
your proposal pl~ces Hi.rschorn in the supporting role,. with duties so liinited
that it may not.be worth his while to work on this project~
. Based on our informal discussion after the ·selection of Hirschorn, I asswned
that Barnes would be sought for the Site Geology (his field of expertise) and .
Legisla.tive Support areas . while Hirs~horn would carry t .he bulk of the
projectr especially regarding all aspects of detoxification technologies and
contractors. In ~ddition, I believe it should be for him, as lead scientist,.
to devel.op the Project. Master Plan--.:...in conjunction with Barnes if he deems
it .appropriate._
I _cannot. unqerstanc:l why yo1,1 would. propose to leave Hirschorn out of the
Detoxification · Contract Administration; to reiterate my .statement to the
Working G~oup, thiz is his greatest strength while BFA has absolutely no
experience in t~is area---not a l~ttle, but .none. •
I believe it is unfair to both cand.idates if they -h~venit been accurately
appz:-i:::1ed of the Working Group's dech1lon.. • •• · .
. . .
• As I > stated p.rior to our vc,te, I believe it would. be wonderful to join the
talents of these two f.i..r:ms, that the Warren County project ·desentes them both
if it is agi:-eeab1e to both of theJD. ·. • • . • .
But_ above all,· we deserve the best scientist available for the detoxification •
pr_ocess---Joel. Hirt'lcho;r;n .• The Workinq Group clearly recogni2ed this · and
voted accordingly. •
I trust tha1: we will reso.lve this prior to further work on • contracts.
CC: Dollie aurwell
Ken Ferruccio
1~/26/1995 11:55 9192572604 EELC FERRUCCI □ PAGE 01
..... .I,..,,..,. rAX
To: The Jojnt Warren CpLJ1ty State PCB L..andfi .I Workinf Group
From: Ken Ferruccio )er-...
Sub~; Science Advisor
Datl:»: December 26, 1995
As you know, I abstained from askini I questioi1s and n 1aking comments during
the interviews and abstaindd frc m vo ing as well because of reasons mentioned
in my December 5th memo anc elab >rated in a December 9th memo, which I
have not yet released to you .
Since I have choaen to ot'flelall y abstain from algntflcant , epects of
the pf'OCftSs concerning the selt.ctlon of the science advla( 1r, It la
up to you to decide whett er to address and attempt to resolve
wh~t I regard as a probtl matlc situation that ralaea c1ue1t1ons
about the algnltlcaince ( or lack of significance ) of the
committee'• decision concerning the aclence advisor.
The situation is this: The negotiation framework concerning the division of labor
between Hirs !hhorn and E arnes as proposed by Henry Lancaster to Bill Meyer
(December 1! th memo} would seem to override and reverse the significance of
tho committet 's vote for Hi ·schhorn as science advisor_
Thia negotiation tram, ivork should reflect the committee'& vote tor
Hln1chhorn. It ehould ;Ot even suggest the appearance of an
arbltrety attempt to o· arrlde and reverse the Intention of the vote -·
namely~ that HJrachho, , be responalble for formulating a
coffll!trehenelve and tn-t ,pth approach for resolving the crlale and
reaponalble for all asp..cta of the detoxification process. Thia
Intention wae quite obvious when one considers that the majority
waa prepared to accept Hirschhorn without Barnes If neceaaary,
but wee not prepared to accept Barnes without Hirschhorn.
Hlrachhom certainty ha• the option to Include or exclude Barne•,
given, of couree, that Hlrachhorn knowa about the optional status of
the ... m concept. Given these realltlea, the proposed negotiation
framework does not reflect the wlll of the majority as expressed
through th• vote.
Hlrachttom muet be lnfc1rmed In writing t,y the state of North
Carottna that the committee voted for him as science advisor (9 to 6)
and that the team cone apt Is undf1rstood to be optional. The
negotiation framework must reflect t 1e wlll of the commlf tee before
the contract negotiation proceea tM.gtns.
My tnterpretatton Of the commtnee·a v1ev • 1s that It ••ta •Hah, d
the legltlmaey of Hlrachhorn'• leaderahl~ as science adv aor
through a democratic proc•••· The prorJoHd negotiation fran,ework
'(
12/25/1995 11:55 .... 9192572504 EELC FERRUCCI □
I• lnco,npatlble with thla Interpretation.
PAGE 02
NC SUPERFUND SECTION Fax:[phone] Jan 4 '96 9:36
Sulte4U
'-401 8iu«ldp A\IOnU$
Y-1',eaton. MO 20902
~.mbet 26, 1995 ....................................................................... by F.AX {2 pages)
To~ Bill Meyer !
i Frqm: Joel lftrsc:hhom
!
I . .
Sul>ject: Science aclwor potition for Waffllt County PCB LanclfiB Working Oroup
P.05106
..
Phone: [phone]:l3..'\
Fax: (301) IM9•1237
It ~ th.at the .lnfonnation I WU 1nowledj by phaiu Oil Friday, ~ U regar~g tho
selec-tion deoision on WedJiesday, I:~ 13, der ,n.ypreamtatiou,,wu not precisely cotteet.
ThFtefore, my verbal agreement to : IOIDI roup conditi-tubsequaatly d~tcn"becl in the
~ember 19 letter to mei and :mem > to yoµ ftom Hemy Lancastc;r, nmii be revisited. It is iny
un~crstanding that I am now to con mmicai~ wi&h you on this milter.
;
It is aow !UY muierstanmng that I alone (Iii~&.. Associates) was ielected as the Science
A¥sor with a doar majority of tho votes b)r the Workiq Group lllCf that aiiy participation by
Bapics, Fcrlan,l & .Associates would be at my option.
nr,efore, the fivmOD oflabor m.thc ~ 19 ~mo to you 4°" not seem CODSislc;n.t with
th~ decision by the Working Group, became it seems to give auto~ W luge tt,$portJ1"bUities
to ~am.cs. 1hc allocation of the •0eve1opmeot of Project Muter PJan•.task to Bamcs &Cetns
esP,ecially .inappropriate. lhe Samce Aclvuor would be the logical dl.oice to prepare ay
n~swy master plan, after couahation wab the Woning Group. Alsoll the allocation of
"C~ntract ftdministration (Detoxification Cc.,n-.iactor)• would aleo pose a problem for me,
because I would assume that as the Scimce Advisor I would ha.ve some control of decisions
regarding the conduct and acceptability of.~ by the detoxi&atian contractor.
I 'iant to cmpha!UC wt bcoause-I have wJkecl Oil oth Jr ptojects with a "team'' approach to
having independent tedmical experts serve~ diverse :aeeck of community poup~ I am acutely
~• of prohlmls that eta arile MeD ther~I i$. no clear, lingle voice represmting the best advice
to the commmity, md mo the belt profeui9nal -.uagc to out&id& p..-ti,es. l'hn~ I am also
~cemed by uy division of labor for the~ clesip•t;ed "Legislative Support (Lobbying,
c~ Amvation)" m the December 19. letter. As the Scieslce Advisor I would expect to
hafe that r~spon.sibilityt acting under the ctir~Clion oflhe Worldng Group or its des:ignated
rei»,resentatlVes.
~t ICeD1I to be the &l)J)ropriate path to topew is that HJrlChho~ lhouht be given a contract to
ser!vc as the Science Advisor and that SOJM otber contract should be put in place to allow
~schhom to use BalllCS as a kind of so~trac:tor OD the proj,cct at the sole discretion of
ffitsohhom but allow..ng Bam~ if used on 'l)tcmc tub or assisnmenta. to have billing~ that arc
]
NC SUPERFUND SECTION Fax:[phone] Jan 4 '96 9:37 P.06/06
I
·t ll!~ed by .Hinc:hhom ~ to the ~~,~ ~-.1 would ODly use Bame& if there was
a .epirnu"-technictl 'leed for aome cagineering .auvice& for wbiQh BatDea had some specific
co~etitive capabilities that Binchhom could llOt prCMde. WDh this approach, there would be
no ~e comraotual ,p«.itioarioo of'tuks to be provided by Bunes, but only tbAt Banies
may be utcd on ID u-nccdcd basis for the pri.ljec:t.
i . I would want. of -..omsc, to receive aome .detail.d mauri•Js 4iom. Bames that ~c the case for
certam t)pca of mgin~ services for.which Bamea.can dcmon111rate cxpcrieo.ce .relevant to the
PC~ laadfill muatio~ prCT.1m oapabilitiea, 111d my apeciia1 quali6catiou or Mlvmagcs related to
mobilizing field scrvi'-08 ( eapecwly relative to pooplc io DJf compl:lly that l can use who are
av~le .&om our Vkginia offiee. for example. ~dma two highly experienced goologi&U).
I ➔uld hope that lily contract developed .~· Hiqchhom wowcl obrly spell out all the major
responsibUid.n Rd the dwn-of..coQDDIDcl toi be mllowtd for.ffirsdm••• submittal of verbal md
\~CD advice, analysca,. ibfo~on, rep~ •o. I would also want the contract to make clear
ho'r Hir&ehh~m could have ~ \Vlat~ or~• sample, ubn and aulyDd, or have split .
~Jes provided ~Y 1he Stace indepcodealtlyl~· Natuplly,_ ~ would also want some baac
contractual Cl\mrott~ for buclgetuy ~ of effort ayer ~-.n omc franw so that necessary
pr~es:s:ional resources CID be ctmmained to this~~ projec:i and resulu obtained in the most
cXPiedt!ioua manaer. Conaidcrillg ~ large~ of people involved with the project, I am 1W)
coi,~ about the procesa used for prooe1sin& approving, alld paying Jnvoiccs from Hirsc:hhorn
for jservkes provided OD the proj~ •
I h? pe lhat Ill of the&e detaila cm be wom.~ out IO 1h It the project can move forward. I want to
• work coopentivdy with y()U to resolve all .cs. .
2
12/21/1995 13:23 9192572604 EELC FERRUCCI□
To '. Henry Lancaster, Co-chair Joint PCB Working Group
From: Deborah Ferruccio
Rt. 2, Box 163-J
Norlina, NC 27563
Date: December 21, 1995
Subject: Request for Ranking Scale Numbers
PAGE 01
·--,_, ::r:· r,70 I'•'
-,·1 I 'J ~:~ ~·= ~; '-~_, ~~j c l
c, .-
I fT1 ;;i:J
Subject to the Freedom of Information Act, I am requesting the following document
The Joint PCB Committee co-chairs' ranking scale numbers for
science advisor candidates (November 28, 1995).
..