NCD980602163_19970111_Warren County PCB Landfill_SERB C_RFP-Soil Excavation, Handling, Storage - Responses-OCR

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FROM: Linda Rimer
Assistant Secretary for
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RA DEHNA
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
P.O. Box 27687 . Raleigh, North Carolina 27611-7687 Telephone [phone]
State of North Carolina
• . Department of Environment,
Health and Natural Resources
Division of Waste Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
William L. Meyer, Director
MEMORANDUM
TO: Linda Rimer
Henry Lancaster
FROM: Bil1Meyer i)1/\.
DATE: January 6, 1997
SUBJECT: PCB Landfill
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DEHNR
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The staff has proposed an air sampling event for the PCB Landfill air vent. The
vent is the sole source of air emissions from the landfill . There are existing differences of opinion
as to the threat of exposure from past air emissions. The vent has been filled with a carbon filter
system to sorb constituents and prevent future exposure. The purpose of the proposed sampling
is to provide additional data on air emissions to determine risk, both past and present.
In addition, the staff has proposed to monitor the surface liner for gas leaks
(methane). If methane is detected the specific location ofleaks can be identified. If the landfill
surface liner is not leaking gasses, then the probability of water leaking into the landfill is very
unlikely. This is based on the significant difference in permeability of liners to water and gases. It
is a very simple but effective means of determining the status of the liner.
The staff is prepared to perform both sampling events. Both sampling events
would add factual data rather than the current speculative nature of air emissions and liner
leakage. However, in addition to approval of sampling protocol and questioning the need for
sampling, it has become apparent that the Working Group's real concern is with the state's role as
owner/operator, state sampling, and state analysis of samples. Based on this concern, it is
apparent to the Division of Waste Management that only independent sampling and analysis may
satisfy the Working Group.
We have several choices. One is to proceed with a state sampling effort. Another
is to have the state sample with the Working Group oversight and use independent labs for
analysis. The third will be for complete independent sampling and analysis. Either of the latter
two options will require Department funding. The compromise option is state sampling with
independent analysis. The division does not think that the continued state sampling and state
analysis will be accepted by the Working Group.
P.O. Box 27687,
Raleigh, North Carolina 27611-7687
Voice 919-733-4996
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FAX [phone]
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Page2
This experience is having a very frustrating effect on the staff and the belief that
the Department and Administration do not recognize nor support their efforts.
In order to resolve this issue the Division of Waste Management would like for
Department approval and support to plan, sample and analyze air and methane on the landfill. The
Division of Waste Management has the staff and equipment to accomplish this and is willing, with
Department support, to address concerns raised by the Working Group on the lack of
independence of this effort. If this is not the appropriate process, the Division will need financial
commitments for the Department for at least independent analytical activities. We need a
resolution from the Department on these issues as soon as possible.
c:wpfiles/pcbl.f7smpling.mem
State of North Carolina
Department of Environment,
Health and Natural Resources
Legislative & Intergovernment al Affairs
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Henry M. Lancaster II, Director
October 23, 1995
Mr. Bill Meyer
401 Oberlin Road
Raleigh, NC 27605
Dear Mr. Meyer:
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DEHNR·
The Joint Warren County/State PCB Landfill Working Group has been laboring arduously
to secure state and federal financial and technical support to detoxify the PCB landfill in
Warren County. The Group has been successful In garnering $1.1 million in the past
sixteen months from the NC General Assembly due to the efforts of Senator Frank
Ballance for capital improvements on the site and for pilot project development to identify
an acceptable technology for detoxification.
As most of you know, the Group averages two meetings per month. We meet in the Grand
Jury room of the Warren County Courthouse in Warrenton for approximately two hours.
The meetings usually begin at 4pm. I have been Instructed by the Group to write and
encourage you to make a greater effort to attend and participate in the Group's
deliberations.
Enclosed is a copy ofthe Group's By-laws. Please read them closely. Execution of the
responsibilities ahead will require significant commitment from those of us charged with
the task of prudently and reasonably overseeing detoxification of the landfill and
disbursement of public funds. If you do not think that you can continue to participate in
the process, please contact me or one of the other two co-chairs. We do understand that
circumstances often times cause one to alter priorities.
However, please note that the by-laws do provide a mechanism for the Group to address
lax membership participation.
The next Working Group meeting will be at 4pm on October 30 in the Grand Jury room of
the Warren County Courthouse in beautiful downtown Warrenton, NC. lfwe won't see
you, at least let us hear from you.
Sincerely, ~
~°!~
Henry M. Lancaster, II
Co-Chair
cc: Dollie Burwell, Co-Chair
Ken Ferruccio, Co-Chair
P.O . Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
RULES OF PROCEDURE
JOINT WARREN COUNTY/STATE PCB LANDFILL
WORKING GROUP
I. MISSION STATEMENT
A. Evaluate safety of landfill and make recommendations to DEHNR to
ensure institutional controls/procedures/and funding are available
to provide long-term protection of the citizens of Warren County.
II. GOALS/TASKS
A. (1) Assess current conditions and safety of landfill and make
recommendations to DEHNR for addressing any unsafe
condition identified.
(2) Assess need to remove rainwater from landfill and
recommend to DEHNR the basis and technology for removal
or allowing rainwater to remain in the landfill.
(3) Identify and evaluate technologies for detoxification of landfill
and make recommendations to DEHNR on appropriate and
feasible technologies for detoxification.
(4) Identify and recommend implementation strategy to DEHNR
for all goals/tasks including infrastructure and funding.
(5) DEHNR to implement funded recommendations for long-term
maintenance and, if appropriate, detoxification of the landfill.
Ill. OFFICERS
A. Co-Chairs. There shall be three (3) Co-Chairs of the Working
Group. Two Co-Chairs shall be members of the Working Group and
elected by the members. One Co-Chair shall be appointed by the
Secretary of the North Carolina Department of Environmental,
Health and Natural Resources and shall be a member of the
Working Group. The terms of the current Co-Chair from the
committee shall be for one (1) year from the time of adoption of
these procedures. Said terms shall be for one year, and they shall
be eligible for re-election. The Co-Chairs shall decide all points of
order and procedure, subject to these rules, unless directed
otherwise by a two-thirds majority of the Working Group in session
at the time. The Co-Chairs shall appoint any committee found
necessary to investigate or study matters before the Working
Group.
B. Secretary. A secretary shall be appointed by the Co-chairs of the
Working Group either from within or from outside its membership,
to hold office during the term of the secretary of the Department
and/or until a successor secretary shall have been appointed. The
secretary shall be eligible for reappointment. The secretary,
subject to the direction of the Co-Chairs and the Working Group,
shall keep all records, shall conduct all correspondence of the
Working Group. The Secretary shall keep the minutes of every
Working Group meeting, which minutes shall be a public records.
The minutes shall show the record of all important facts pertaining
to each meeting and hearing, every resolution acted upon by the
Working Group, and all votes of the Working Group members upon
any resolution or upon the final determination of any question,
indicating the names of members absent or failing to vote.
IV. MEETINGS
A. Regular Meetings. Meetings of the Working Group shall be held in
Warrenton, North Carolina, provided that if the Co-Chairs so direct,
meetings may be held at any other place in the State. The Working
Group may establish a schedule of regular meetings.
8. Special Meetings. Special meetings of the Working Group may be
called at any time by the Co-Chairs. Meetings may be called by
twelve (12) or more members of the Working Group. At least forty-
eight (48) hours notice of the time and place of special meetings
shall be given by the secretary or the Co-chairs to each member of
the Working Group; provided that this requirement may be waived
by action of a majority of the members.
C. Cancellation of Meetings. Whenever there is no business for the
Working Group, the Co-Chairs may dispense with a meeting by
giving notice to all the members not less than twenty-four (24)
hours before the time set for the meeting.
D. Quorum. A Quorum shall consist of a majority of members of the
Working Group.
E. Conduct of Meetings. All meetings shall be open to the public. The
order of business shall be open to the public. The order of business
shall be as follows: (a) roll call; (b) reading and approval of the
minutes of the previous meeting; (c) reports of committees; (d)
unfinished business; (e) new business. Parliamentary procedure
shall be in compliance with Robert's Rule Of Order.
F. Vote. The vote of a majority of those members present shall be
sufficient to decide matters before the Working Group provided a
quorum has been duly recorded.
1,a.;
G. Attendance. The Co-Chairs may recommend to the Secretary of the
Department removal of any Working Group member who without an
excused absence fails to attend three (3) consecutive regular
meetings.
H. Membership. Members of the Working Group shall serve for a term
of two (2) years and shall be eligible for re-election by a process at
the discretion of the Working Group.
V. REPORTS
Copies of minutes will be distributed to all Working Group members, the
County Manager, members of the State Legislator that represent Warren
County, the Secretary of the North Carolina Department Environment,
Health and Natural Resources and the Governor. Periodic progress
reports will be submitted as deemed necessary by the Working Group or
Co-Chairs.
VI. AMENDMENTS
In order to amend these procedures, there must be 15 members of the
Working Group in attendance and a two-third (2/3) affirmative vote;
providing, that such amendment shall have first been presented to the
membership in writing at a regular or special meeting preceding the
meeting at which the vote is taken.
Enclosure 1
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