NCD980602163_19991201_Warren County PCB Landfill_SERB C_1999 Correspondence-OCR

MEETING REMINDER
Warren County PCB
Detoxification-Redevelopment Project
Citizens Advisory Board will meet
Wednesday, December 1, 1999
at 5:00 p.m.
in the conference room of the
Warren County Office.
Please call if you are unable to attend.
I Change Order Request
1 of 1
Subject: Change Order Request
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Date: Thu, 18 Nov 1999 10:09:25 -0500
From: Pat Backus <[e-mail]>
To: Rick Shoyer <[e-mail]>
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Rick,
I reviewed your change order request and discussed it with Mike
yesterday. Over the past few months, I have become more familiar with
permitting under TSCA and do not believe that it is prudent to proceed
with this now.
The TSCA permit for the BCD process will be specific to the equipment
and to the owner of the equipment. Based on the final design, there will
actually be three BCD permits: batch solid BCD, continuous solid BCD,
and liquid BCD. If the work from this order is specific, it might not
be applicable if another vendor is selected for the final
detoxification. If the work is generic, then I question its value to
the state. Also having met and talked to Craig Brown and Winston Lue on
several occasions, I doubt you can get the commitment you seem to
imply. They won't get involved with detailed reviews until someone is
awarded the contract. They don't have the funding to do that.
Several vendors have shown interest in the project and do appear to have
worked with TSCA regulators and regulations. I do see value in what you
are proposing, however, I feel that it would be better to pay for this
effort with the final detoxification contractor.
***********************************************
Pat Backus
Department of Environment and Natural Resources
401 Oberlin Road
Raleigh, North Carolina 27605
[phone] ext 308
[e-mail]
***********************************************
11/18/1999 10:09 AM
~~~ ~•u Providing creative environmental solutions
Environmental, Inc.
November 12, 1999
Ms. Patricia M. Backus, PE
North Carolina Department of Environment Natural Resources
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
RE: Warren County PCB Landfill
Final Design BCD Detoxification Project
Change Order Request For Out Of Scope Services TSCA Permitting
Dear Ms. Backus:
ETG Environmental, Inc. (ETG) is requesting a change order to contract No.
N9008, dated May 3, 1999 between ETG and North Carolina Department of
Environment and Natural Resources (NCDENR) for work associated with the
research and incorporation of the Toxic Substance Control Act (TSCA) permitting
requirements and procedures into the Phase III-Warren County PCB Landfill
Detoxification Design. Contained in the Contract, Attachment A-Scope Of Work
Warren County PCB Landfill Detoxification Design, Task 6-Permitting
Assistance, last sentence, states that "Treatment related permits are not included
within this scope of work". At the time of the development of Phase III scope of
work between ETG and NCDENR the intention was to perform this project
outside of the TSCA permitting process. Based upon correspondence and a
meeting between TSCA and NCDENR the project will now proceed through the
TSCA permitting section.
On October 27, 1999, ETG received from Mr. Winston Lue, of the Office of
Pollution, Prevention and Toxics branch ofTSCA the following reference
documents:
• Names, Phone Numbers, And Fax Numbers of Regional Staff, dated
September 2, 1997.
• Method 8080-Organochlorine Pesticides and PCBs, Revision 0, dated
September 1986.
• Section 40, Code ofFederal Regulations, Part 761, July 1, 1998 edition.
• Quality Assurance and Quality Control Procedures for Demonstrating PCB
Destruction in Filing for A PCB Disposal Permit, date stamped June 28, 1983.
16 Hagerty Boulevard, West Chester, PA 19382-7594 • [phone] • Fax [phone]
"
Ms. Pat Backus
Request For Change Order-TSCA Permitting Work
November 12, 1999
• Recommended Analytical Requirements For PCB Data Generated On Site
During Non-Thermal PCB Destruction Tests, date stamped March 19, 1985.
• Draft Guidelines for Permit Applications and Demonstration Test Plans for
PCB Disposal by Non-Thermal Alternative Methods, dated August 21, 1986.
• Draft Guidelines for Permit Applications and Demonstration Test Plans for
Incinerators, dated May 28, 1986.
ETG has submitted to NCDENR a draft of the Performance Demonstration Plan, which
was developed based upon the discussions with NCDENR and the premise that the
project was not going to proceed through the TSCA permitting procedure. The plan
represents a baseline for the Performance Demonstration testing and full-scale operation
expectations without proceeding through the TSCA permitting process, and provides a
basis for monitoring the impact of proceeding through the TSCA permitting process.
The following tasks will be required to comply with the TSCA permitting:
•
•
•
•
•
•
•
•
•
•
Review of TSCA supplied documents,
Discussions and/or meetings with the TSCA permitting personnel to
incorporate applicable permitting requirements and procedures,
Review the BCD process equipment and monitoring systems with TSCA
personnel to familiarize them with the process to minimize delays in
permitting applications, system startup, and to avoid costly changes to the Bid
Specifications,
Review stack testing requirements for Performance Demonstration and full-
scale operations and incorporate into the Bid Specifications,
Incorporate into the Bid Specifications a TSCA permitting application and
procedures section,
Review the Demonstration Test Plan format and submittal requirements and
modify as necessary the Performance Demonstration Test and Performance
Demonstration Report submittals in the Bid Specifications,
Establish TSCA review timeframes for the Bid Specifications, Performance
Demonstration Plan and Performance Demonstration Test Report.
Establish and incorporate into the Bid Specifications areas where the TSCA
permitting procedures can be streamlined, and or pre-approved,
Determine and incorporate into the Bid Specifications TSCA's impacts to the
full-scale operating, monitoring and sampling requirements, and
Determine and incorporate into the Bid Specifications TSCA's full-scale
operating involvement on the project, and personnel, equipment and reporting
requirements.
Page 2
I I
Ms. Pat Backus
Request For Change Order-TSCA Pennitting Work
November 12, 1999
The level of effort required to review the TSCA documents and work through the issues
with TSCA is uncertain. Therefore, ETG proposes to track this effort separately, and
invoice NCDENR on a time and materials basis. ETG recommends a change order for
the amount of $52,000.00, be established to initiate the work. Attached are the Time and
Material rates to be used for this project.
The Contract performance period ends on January 31, 2000. An extension to the
Contract performance period will be required.
Should you have any questions regarding the submittal or schedule, please
contact me at your earliest convenience.
Attachment
FJS/lsp
Cc: H. Master, ETG
S. Detwiler, ETG
P. Barnes, BF A
ETG Project File: 4040
Very truly yours,
z:::>s?oy
Project Manager
Page 3
I
WARREN COUNTY CHANGE ORDER TSCA PERMITTING
COST ESTIMATE
Labor Category
Project Sponsor
Project Director
Sr. Technical Manager
Technical Manager
Project Manager
Estimated Total Labor
Subcontractor (BFA)
Project Manager
Sr. Engineer
CADD Operator and CADD
Estimated Total Subcontractor
Expenses
Estimated Trips/ person
Misc. Expenses
Estimated Total Expenses
I Rate
$/Hr
$110.00
$120.00
$120.00
$100.00
$90.00
$103.50
$97.75
$63.25
Rate/Trip
$700.00
$838.00
I
Total Estimated Change Order
Estimated I
Hours
24
100
40
40
160
364
8
16
40
64
Quantity
12
1
Cost Personnel
Extension Reference
$2,640.00 S. Detwiler
$12,000.00 H. Master
$4,800.00 Y. Shieh
$4,000.00 M.Moss
$14,400.00 R. Shoyer
$37,840.00
$828.00 P. Barnes
$1 ,564.00 T. Hortenstine
$2,530.00
$4,922.00
Cost Extension
$8,400.00
$838.00
$9,238.00
$52,000.00
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
NOV '10 1999
4APT-TS
Patricia M. Backus, PE
North Carolina Department of Environment
and Natural Resources
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Dear Ms. Backus:
Thank you for your October 29, 1999, letter concerning the proposed shutdown of the
automated leachate pumping system at the Warren County Landfill from December 1999, through
February 2000. The U.S. Environmental Protection Agency (EPA) concurs with the proposed
shutdown to protect the system from freeze damage over the winter months.
EPA understands that during the shut down period personnel from North Carolina's
Division of Waste Management will continue monthly inspections and water level measurements
at the landfill and that the automated pumping system will be returned to service in March 2000.
If during the winter time monthly inspections North Carolina observes an increase in water level in
the landfill of more than 10 percent above the baseline level measured in at the time the system is
shut down in December 1999, you should notifiy EPA Craig Brown of the EPA Region 4 staff is
the Agency's point of contact on this matter. He may be reached at [phone].
Sincerely,
Alfreda Freeman
Chief
Toxic Substances Section
Internet Address (URL) • http://www.epa.gov
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer)
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St'ate of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James 8. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Ms. Katie G. Dorsett
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c, RECEIVED ~
oJ Secratary's OF.lee ~ r DOA ~
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November 05, 1999
North Carolina Department of Administration
116 W. Jones Street
Raleigh, North Carolina 27603-8003
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RECEIVED
NOV 1 9 1999
State Property Office
Subject: Permit No. WQ0003520
Dear Ms. Dorsett:
NC Department of Administration
Warren County PCB Landfill
Wastewater Spray Irrigation
Warren County
In accordance with your application received June 25, 1999, we are forwarding herewith Permit No.
WQ0003520, dated November 05, 1999, to the North Carolina Department of Administration for the
continued operation of the subject wastewater treatment and spray irrigation facilities.
This permit shall be effective from the date of issuance until October 31, 2004 shall void Permit No.
WQ0003520 issued February 28, 1995 and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an
adequate system for collecting and maintaining the required operational information will result in future
compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made this permit shall be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Sue Homewood at (919 733-5083 extension 502.
cc: Warren County Health Department
Raleigh Regional Office, Water Quality Section
Raleigh Regional Office, Groundwater Section
Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non-Discharge Compliance/Enforcement Unit
Division of Solid Waste Management
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
An Equal Opportunity Affirmative Action Employer
Telephone [phone] Fax (919) 733~0719
50% recycled/10% post-consumer paper
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NORTH CAROLINA
ENVIRONMENTAL MAi~AGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SPRAY IRRIGATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143 , General Statutes of North Carolina as amended, and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
North Carolina Department of Adminstration
Warren County
FOR THE
continued operation of a 4,400 GPD spray irrigation treatment and disposal facility, for the subject PCB landfill
leachate, consisting of a 10 GPM influent pump with leachate collection system and sump, a 52 square foot sand filter,
a 26 square foot activated carbon filter, a 0.80 million gallon holding pond, a 500 GPM portable effluent irrigation
pump, approximately 4.5 acres of irrigation area, and related appurtenances to serve the Warren County PCB Landfill,
with no discharge of wastes to the surface waters, pursuant to the application received June 25, 1999, and in
confonnity with the project plan, specifications, and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this pennit.
This pennit shall be effective from the date of issuance until October 31, 2004, shall void Permit No.
WQ0003520 issued February 28, 1995 and shall be subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. The spray irrigation facilities shall be effectively maintained and operated at all times so that there is no
discharge to the surface waters, nor any contamination of ground waters which will render them
unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the
creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, the
Permittee shall take immediate corrective actions including those actions that may be required by the
Division of Water Quality (Division), such as the construction of additional or replacement wastewater
treatment and disposal facilities.
2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or
groundwaters resulting from the operation of this facility.
3. The residuals generated from these treatment facilities must be disposed in accordance with General
Statute 143-215.1 and in a manner approved by the Division.
4. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. The
existing, sealed rainwater diversion pipe and valve in the holding pond shall remain sealed and shall be
inspected periodically to ensure the seal is intact.
I ➔ j
5. Spray irrigation will only be conducted on the designated site and shall not be conducted within 25
feet of the property lines.
6. The spray irrigation area shall not be grazed nor shall the cover crop be harvested or removed from the
site.
II. OPERATION AND MAINTENAi'l"CE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Upon classification of the facility by the Water Pollution Control System Operators Certification
Commission (WPCSOCC), the Permittee shall employ a certified wastewater treatment plant operator to
be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate
of the type and grade at least equivalent to or greater than the classification assigned to the wastewater
treatment facilities by the WPCSOCC. The Permittee must also employ a certified back-up operator of the
appropriate type and grade to comply with the conditions of 15A NCAC 8G .0202. The ORC of the
facility must visit each Class I facility at least weekly and each Class II, III, and N facility at least daily,
excluding weekends and holidays, and must properly manage and document daily operation and
maintenance of the facility and must comply with all other conditions of 15A NCAC 8G .0202.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
A suitable year round vegetative cover shall be maintained.
Irrigation shall not be performed during inclement weather or when the ground is in a condition that will
cause runoff.
Adequate measures shall be taken to prevent wastewater runoff from the spray field.
The facilities shall be effectively maintained and operated as a non-discharge system to prevent the
discharge of any wastewater resulting from the operation of this facility.
The application rate shall not exceed a cumulative loading of 13 inches over any twelve (12) month period
at an instantaneous application rate not to exceed 0.0015 inches per hour.
No type of wastewater other than that from Warren County PCB Landfill shall be sprayed onto the
irrigation area.
No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
Public access to the land application sites shall be controlled during active site use. Such controls may
include the posting of signs showing the activities being conducted at each site.
Freeboard in the holding pond shall not be less than two feet at any time.
The concentration of PCB in the effluent wastewater to be applied by these spray irrigation facilities shall
not exceed 1.0 ppb.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed necessary by
. the Division to insure surface and ground water protection will be established and an acceptable sampling
reporting schedule shall be followed.
2
I .
.. ' .
2. Adequate records shall be maintained by the Permittee tracking the amount of wastewater disposed. These
records shall include, but are not necessarily limited to, the following information:
a. date of irrigation,
b. volume of wastewater irrigated,
c. field irrigated,
d. length of time field is irrigated,
e. continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field,
f. weather conditions, and
g. maintenance of cover crops.
3. The wastewater collected by this system shall be adequately treated in the Warren County PCB Landfill
Wastewater Treatment Facility and analyzed for PCB concentration on a monthly basis prior to being
sprayed onto the receiving landfill surface irrigation area. This required analysis will be limited to only
those months where irrigation takes place. ·
4. Three (3) copies of all operation and disposal records (as specified in condition III 2) on Form NDAR-1
shall be submitted on or before the last day of the following month. Three (3) copies of all effluent
monitoring data (as specified in condition III 3) on Form NDMR-1 shall be submitted on or before the last
day of the following month. All information shall be submitted to the following address:
NC Division of Water Quality
Water Quality Section
Non-Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
5. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh Regional Office, telephone number 919-571-4700,
as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a sludge digester; the known passage of a slug of hazardous substance through the facility;
pr any other unusual circumstances.
b. · Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station or facility.
d. Any time that self-monitoring information indicates that the facility has gone out of compliance with
its permit. limitations.
Persons reporting such occurrences by telephone shall also file a written report in letter form within five
(5) days following first knowledge of the occurrence. This report must outline the actions taken or
proposed to be taken to ensure that the problem does not recur.
3
IV. GROUNDWATER REOUIREl\tlENTS
1. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided.
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to msure proper
operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of
wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an inspection
log or summary including at least the date and time of inspection, observations made, and any
maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be
maintained by the Permittee for a period of three years from the date of the inspection and shall be made
available upon request to the Division or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or facility at
any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any
records that must be maintained under the terms and conditions of this permit, and may obtain samples of
groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the application
and other supporting data.
3.
4.
This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied
by an application fee, documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of this request will be considered on its merits and may or may not be
approved.
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-
215.6C.
5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and
federal) which have jurisdiction.
6. A set of approved plans and specifications for the subject project must be retained by the Permittee for the
life of the project.
7. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days after
being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to
revoke this permit as specified by 15A NCAC 2H .0205 (c)(4).
4
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8. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension.
Upon receipt of the request, the Commission will review the adequacy of the facilities described therein,
and if warranted, will extend the permit for such period of time and under such conditions and limitations
as it may deem appropriate.
9. The sand and carbon filter media shall be disposed of at a suitable and approved hazardous waste disposal
site. All soil in the effluent wastewater detention pond containing PCB 's at concentrations greater than or
equal to 1.0 ppm (by weight) shall also be disposed of in an approved hazardous waste disposal site.
Permit issued this e 5th day of November 1999
~ENTAL MANAGEMENT COMMISSION
~Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0003520
5
. JAMES B. HUNT JR. ,.
. ;. GOVERNOR ?ttt?-,
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:~ wi~'iMc□Ev1n ~i~i
f SECR~ARY • -'.';~
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Mr. Craig Brown
Pesticides and Toxic Substances Branch
US Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303-8960
Dear Mr. Brown:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
October 29, 1999
This letter is to document our recent telephone conversation concerning the operation of
the leachate removal system at the Warren County PCB Landfill (WCLF) during the winter
months.
As I reported to you in August, we have seen a significant drop in the water level in the
landfill since the startup of the continuous leachate pumping system. To date, approximately
90,000 gallons ofleachate have been removed and the water level in the landfill has dropped from
approximately 13 to 14 feet above the bottom to 4 to 5 feet. The water levels in the landfill,
leachate pumping rate, and operation of equipment have been checked weekly. Data from this
monitoring is shown in figures 1, 2, and 3. As the level has dropped, we have also observed a
drop in the recharge rate to the sump, which in turn has reduced our leachate removal rate. The
reduced head ( driving force) could explain this reduced rate. Because of this, we will not be able
to eliminate the water level in the landfill by the end of the year as I had projected in August.
My present concern is the operation of the leachate pumping system during the months of
December through February. The normal minimum temperatures in the area in which the WCLF
is located are below freezing during those months (see attachment for climatological normals for
Arcola, NC in southeast Warren County). These temperatures have caused pumping problems in
the past. All of our equipment with the exception of the leachate pump is located above ground. I
have considered the use of insulation and heat tape but do not think these would adequately protect
the system.
The two most vulnerable points are the compressed air lines and the treatment units.
Despite several filters, we still find significant moisture and a small amount of oil in the
compressed air lines. While not desirable, the system can operate with some moisture in the air if
the temperatures are above freezing. Freezing in the lines could cause a series of events to occur
which would damage the compressor and the pump controller. The sand filter, which does the
bulk of the leachate treatment by removing soils particles contaminated with PCBs, operates with
a level of water above the bed. The activated carbon bed removes PCBs soluble in the leachate.
Both media are contained in modified concrete septic tanks. Freezing in these units could
potentially damage the integrity of the unit, restrict flow through the unit, or prevent adsorption of
the PCBs onto the carbon. The remote location, approximately 50 miles from our offices, does not
allow us to check the system daily, which with a continuous system is critical to prevent problems.
For these reasons I proposed to you in our conversation that the state suspend the
continuous pumping of leachate during the months of December, January, and February. This
would allow us to drain, clean out, and dry components in the system to prevent damage. During
the winter we will continue to monitor water levels in the landfill at least once a month and
continue to perform monthly inspections. If an increase in water level is observed, the situation
will be assessed and continuous pumping reinitiated immediately if warranted.
401 OBERLIN ROAD, SUITE I 50, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER• 150% RECYCLED/I 0% POST-CONSUMER PAPER
During our conversation you indicated that this plan was reasonable and acceptable. Based on your
agreement, we intend to proceed with shutting the continuous pumping system down in early December and putting
the system back on-line at the beginning of March. If you would like more information or find anything I have
documented here unacceptable, please call me at [phone] ext. 308.
Copy: Mr. Bill Meyer
Mr. Mike Kelly
Mr. Larry Rose
Warren County PCB Landfill CAB
Sincerely,
Patricia M. Backus, PE
PCB Landfill Project Manager
s
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15
14
13
12
11
10
9
8
7
6
5
4
3
2
0
12/01/96
15
14
13
12
11
10
0
12/01/96
• • .. • •
03'31/97 07/29197
~ • •• •
03'31/97 07/29197
Figure 1 • Water Level in South Well
Warren County PCB Landfill
•• • ... • •
11/26'97 03'26'98 07/24/98 11/21/98
Cate
Figure 2 • Water Level in North Well
Warren County PCB Landfill
·~ . . . ~ • ...
11/26'97 03'26'98 07/24/98 11/21/98
Date
• ~. .
4jt -~ , ...
• . -
03'21/99 07/19199 11/16'99
.. • ◄ .. .. jt -, .. -.
03'21/99 01mJi99 11/16'99
(Please note that the north well is closer to the leachate pump and the effect of drawdown has been
seen in the level at this well. If the pump shuts down, the level will rebound as shown in a few
points on the chart of the north well. Also the bottom of the landfill is sloped toward the north
end. This explains the slight variations in level in the north well and the slight difference in level
between the north and south wells.)
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140,000
120,000
100,000
80,000
60,000
40,000
20,000
a
Figure 3 -
CONTINUOUS LEACHATE PUMPING AT WARREN COUNTY PCB LANDFILL
Cumm.ilative Amount Removed
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28-Feb 20-Mar 09-Apr 29-Apr 19-May 08-Jun 28-Jun 18-Jul 07-Aug 27-Aug 16-Sep 06-Oct
Date
Southeast Regional Climate Center
Climatological Normals 1961-90
ARCOLA, NC ( 310241)
Percent Missing: 2.25
< Choose Station >
Climatological Normals (1961-90)
ARCOLA, NC 310241 ) Percent Missing: 2 . 25
Mi nTemp (F) MaxTemp(F) AvgTemp(F) AvgPrcp(in)
Jan ~ 47 .5 37 .2 3.53
Feb 29 .1 51. 6 40.4 3.65
Mar ~ 60.9 48.9 3 .79
Apr 44 .8 70.7 57.7 3.00
May 53 .4 78.2 65.8 3 .97
Jun 61. 7 85.2 73.4 3 .92
Jul 66.1 88 .5 77.3 4.40
Aug 65.3 87.1 76.2 4 .83
Sep 58.5 81. 6 70.1 3 .32
Oct 46.7 71. 2 59 .0 3.23
Nov 38 .5 62 .7 50.6 3.30
Dec 3 1. 2 52.3 41. 8 3 .35
Ann 46.6 69 .8 58.2 44.29
Dave Barthel, [e-mail]
Avg Snow (in)
1.8
2.9
1. 2
0.0
0.0
0.0
0.0
0 .0
0 .0
0.0
0.1
0 .5
6.4
AVA
NCDENR
JAMES B . HUNT JR .
GOVERNOR
WAYNE MCDEVITT
SECRETARY
WILLIAM L. MEYER
DIRECTOR
JI!;
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
October 11, 1999
STATUS OF THE PCB LANDFILL
DETOXIFICATION EFFORT
WARREN COUNTY, NC
Hurricane Floyd was a tremendous weather event that had a devastating effect on Eastern North
Carolina. Since the hurricane, many questions have been raised concerning how the PCB Landfill
fared. The purpose of this update it to inform you of the monitoring and other activities that have
been under way before and since the hurricane.
♦ Significant Rainfall
Warren County received significant rainfall during Hurricane Floyd. Rainfall amounts
recorded at the Arcola climatic data station totaled 9.73 inches in the period from September 15-
17. Although considerable, these amounts were significantly lower than the 15 to 20 inches
experienced in other areas of the state.
♦ No Flooding
The soil surrounding the landfill site was extremely moist due to the rainfall, but no
flooding or standing waste was observed.
The PCB Landfill site it located above the 100-year flood level. Before the landfill was
constructed, the Geologic Survey of the U.S. Department of the Interior investigated the site.
They estimated that the 100-year flood height is not more than 8 feet above the average level in
the surrounding creeks. The PCB Landfill site is approximately 80 feet above the surrounding
creeks. In their judgement, this site would not be subject to flooding.
♦ No Facility Damage
There was no damage to the facilities or equipment at the landfill due to Floyd. The only
noticeable damage was a small tree that had fallen across an access road to a monitoring well.
♦ Water in Landfill
Water in the landfill has been a concern for many years. Free water in the landfill puts
additional pressure on the landfill liner. In February, the state installed a system that continuously
pumps water from the landfill. The water is treated in sand and carbon filters and then discharged
in accordance with a North Carolina Division of Water Quality permit. Since May, the water
level in the landfill has been monitored approximately once a week using an electronic water-level
indicator. A continuous, significant drop in level has been observed. The following chart shows
the data on the south well inside the landfill. The level of water has dropped approximately seven
feet landfill since continuous pumping began and approximately 80,000 gallons have been
removed.
401 OBERLIN ROAD, SUITE ISO, RALEIGH, NC 27605
PHONE [phone] FAX 9l 9-715-3605
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I 0% POST-CONSUMER PAPER
15
14
13
12
11
4
3
0
12/1196
• • -• ►
3/31/W 7129/ffl
•~
Water Level In South Well
Warren County PCB Landfill
• ♦-•
11126'97 3126198
Date
7124/98
• -. . •• -,_
•
11121/95 3121/00 7/19/00
Pumping was interrupted for the few days due to the power outage experienced after the hurricane. However,
pumping resumed immediately after power was restored.
♦ Sampling
The normal monthly sample of treated leachate from the PCB Landfill was taken on September 22, 1999. The
result was <0.0001 ppm PCBs. This analysis is consistent with previous results and is less than the Safe Drinking
Water Act level of0.0005 ppm PCBs.
The biannual sampling event at the landfill is scheduled for October 25 and 26. During this event, water
samples are taken from monitoring wells around the landfill site and sediment samples are taken from Richneck
Creek and analyzed for PCBs. The normal monthly leachate samples will be taken also. The biannual sampling
event fulfills a requirement of the PCB Landfill Toxic Substances Control Act permit.
♦ Detoxification Final Design
ETG Environmental, Inc and its subcontractor Barnes, Ferland and Associates are completing the final design
for the PCB Landfill detoxification. The final design includes design drawings and specifications plus a number of
project work plans which address site health and safety, air monitoring, site operations, process performance, process
quality assurance, cleanup verification, and community involvement. Representatives from the contractors have
attended the past few meetings of the Joint Warren County/State PCB Landfill Working Group to update the
community and answer questions concerning the design. The scheduled completion date for the final design is
December 31, 1999.
♦ Funding
This year the General Assembly allocated $1 million for the detoxification of the PCB Landfill and authorized
the state to identify $7 million in state funds to match federal funds. The funds have been placed in a reserve fund as
directed by the General Assembly. A request for $7.5 million from federal sources is pending.
CONTACT: Pat Backus, Project Manager, DWM 919-733-4996, ext. 308
lfl!l!lla~~ ~II.JI
Environmental, Inc.
Mr. Bill Meyer
Director, Division of Waste Management
North Carolina Department of Environment
and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, NC 27605
SUBJECT: Contract No. N9008
Dear Bill:
Providing creative environmental solutions
October 6, 1999
As a follow up to our telephone conversation, please be advised that ETG
Environmental, Inc. (ETG) will shortly be closing a transaction whereby all personnel
and substantially all of our assets will be transferred to a new investor group. The new
investor group is Mactec Environmental Technologies Company LLC, a division of
Mactec, Inc. of Golden, Colorado. As such, Contract No. N9008 between ETG and the
Department of Environment and Natural Resources (DENR) will need assignment. This
contract is for final design services for the BCD detoxification of the Warren County
PCB Landfill. No changes to the contract will be required as a result of this assignment.
All ETG personnel, including myself, will continue to function in their present capacity.
No change in the project schedule will be necessary.
Mactec is a $160 million company that specializes in environmental engineering,
remedial and construction services, strategic environmental management, and water
technologies. The company has approximately 25 offices nationwide with over 1200
employees. Our agreement v1ith Mactec is due to be completed by October 15, 1999;
therefore, we need to have agreement on assignment prior to that date. Enclosed is a
form of consent for review and signature.
Thank you in advance for your agreement to this request. We look forward to
successful completion of this contract. Please contact me with any questions.
Very truly yours,
G. Steven Detwiler
Vice President, Business Development
16 Hagerty Boulevard. West Chester, PA 19382-7594 • (610) 9 18-11 00 ■ Fax [phone]
~11!!!!!!119~ ,:: I U
Environmental, Inc.
North Carolina Department of Environment
and Natural Resources (NCDENR)
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Gentlemen:
Providing creative environmental solutions
October 6, 1999
ETG Environmental, Inc. ("ETG") has agreed to assign to MACTEC Environmental
Technologies Company, L.L.C. ("Buyer") substantially all of the assets used in connection with
ETG's business of environmental remediation utilizing thermal desorption and chemical
dechlorination technologies. In contemplation of such transaction, ETG and Buyer will enter into
an Asset Purchase Agreement. ETG and you are parties to Contract No. N9008 dated May 4,
1999 (the "Agreement"). Pursuant to the Purchase Agreement, ETG intends to assign all of its
rights, title and interest under the Agreement to Buyer, and Buyer will accept such assignment
and assume all of the duties and obligations of ETG under the Agreement relating to the period
after the date of assignment.
Under the terms of the Agreement, your consent is required with respect to the above-
referenced assignment. Accordingly, ETG respectfully requests your consent to the above-
referenced assignment to Buyer, and requests that, by so consenting, you confirm that the parties
Agreement is valid and in full force and effect, that it represents the entire understanding of the
parties thereto and has not been amended and that you are not aware of any fact or circumstance
which constitutes a material default or breach under the Agreement. Further, we ask you to
confirm your release ofETG from any liability arising under the Agreement before the date of
assignment.
Please signify such consent and confirmation by signing the enclosed copy of this letter
where indicated for your signature and returning it to the undersigned.
Thank you for your consideration.
ETG Environm ntal, Inc.
By: ----ff--,,-~-~----
Consented to and confirmed as of 1999. ------~
NCDENR
By: ____________ _
Name: -------------Title: -------------
16 Hagerty Boulevard, West Chester, PA 19382-7594 • (610) 43 1-9 100 ■ Fax [phone]
Re: Warren County PCB Detoxification Project
I ofl
Subject: Re: Warren County PCB Detoxification Project
Resent-Date: Tue, 5 Oct 99 8:37:47 + 1100
Resent-From: [e-mail]
Resent-To: [e-mail]
Date: Tue, 5 Oct 1999 08 :30:03 -0400
From: Sherri_ Evans-Stanton_ at_ NRDCS0 [e-mail] (Sherri Evans-Stanton)
To: [e-mail] (Bill Meyer)
Bill --please follow-up and call me today.
Thanks. Sherri
Forward Header
Subject: Re: Warren County PCB Detoxification Project
Author: Bill Holman at NRDCS0lP
Date: 10/4/1999 9:20 PM
If the landfill has damaged by Floyd, perhaps we could seek some FEMA
help for detox. Check with DWM.
Reply Separator
Subject: Warren County PCB Detoxification Project
Author: Diane Long at NRDCS0lP
Date: 10/4/1999 5:16 PM
Dollie Burwell, Just called to express her serious concern about the
future funding for this project. She is aware of the Lack of federal
funds, but quotes the Governor at the meeting at the mansion, as
saying,"If we don't get the federal dollars then we will find the
money to complete this project." She read an article in Sunday's N&O
about State spending and monies they are going after in all state
agency budgets. While she has been on the ground in Greenville and
RockyMount helping the victims she states that she cant leave her
community in the dark on this.
She has been told the landfill is collecting water because of floyd
and she is afraid that if the next hurricane hits Warren County it
could be a maj or disaster.
We need to get a handle on this before it ignites in the wrong
direction. Advise me how to proceed
Diane
10/5/1999 8:44 AM
.... •······1119······• .... ,.. __ ---:;,__,,....... \
: ~
. . ~-. .. .. .. .
Harry M. Williams, Ill,
Chairman
.. ..
Clinton G. Alston, V. Chairman
Michael A. Jones
Glen A. Richardson
Roger L. Williams
Angelena Kearney-Dunlap
Clerk to the Board
Telephone: [phone]
Fax: [phone]
WARREN COUNTY BOARD OF COMMISSIONERS
LORIA D. WILLIAMS, COUNTY MANAGER
P.O. BOX 619
WARRENTON, NORTH CAROLINA 27589
October 1, 1999
Mr. Mike Kelly, Deputy Director
N.C. Department of Environment & Natural Resources
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
RE: PCB Citizens Advisory Board (CAB)
Dear Mr. Kelly:
The Warren County Board of Commissioners at their September 7,
1999 meeting, voted unanimously to appoint:
Commissioner Clinton G. Alston
Route 4, Box 593
Warrenton, North Carolina 27589
Phone#: [phone]
to serve on the above referenced.
Should you have any questions or require additional information,
please do not hesitate to contact this office.
a erely, .
~ng~-Dunlap
Clerk to the Board
cc: Commissioner C.G. Alston
Ms. Dollie Burwell
I I
-----
-. r.,..
STATE PROPERTY OFFICE Fax:[phone]
✓.
North ·Carolina . . '
Departrnenf of Administration
.:am.es B. HWlt. Jr. Oovemor
lutie O. Darser-_ S~wy
STATE PROPERTY OFFICE .
Sc:ite P:-ope.r-cy Office
Joseph ii. Hcde..~011. Dii-ector
FAX TR..;\NSMITTAL COVER SHEET
• Please de.!iver the foilowing p•g"I' to:.· . ~• flt* tf #
Faxffe: '4ZJ•0 99i'f 2to~JJ,'"()F~?,r ·.. :
~ ..
This fax is being sent by: · /4P A)A< ~+-C /, ~ ~ . 'T ;
, If you do not receive all pages dearly,--please call back as soori as possibl~:
PHONE NO: ?''. 919.733.4346
FAX NO: 919.733.1431
;,
Please coUI1tp·age:s (includes coverp.age) . ~ ·::.
Q)MMENTS: . p /4. a/~ ~ Ifill?.✓ /{M . ~~ 4 ~ NX?t:4~:·¥• )l-,h .r-1~-J~{?~;;_)
Sta~ Property Office • l 16 WcstJ~ Saeec • ~;2,603-8003' . ·
Telephone: 919-i'.'33-4:346 Fax: 919-i33•1431 Web: ~ttp.://spo.doa.stare.JU:.us
Sr.arc Courier Sl-01-00 ; ··
I ' -, . ,. ' ~ --;,-·:.-~-•""" h~lnv~
STATE PROPERTY OFFICE Fax:[phone]
Division ofWat;er Quality
Non-Discharge ·Permitting Urut
P. O. Bo.x 295JS
Raleigh,'NC 27626•0535
Dear Permitting Unit
September 14, 1999
Subject: Renewal of Permit WQ(MI03520
Sep 17 '99 10:49
''i-"'
P.02
Please:find attached my letterof}une.2l, 1999;._requesting appfa;ation for.rene:wal µf the
above .permit for Sp.,ay Irrigation Disj,9~. ~ystem at th~ PCB Landfill in CW arrcn County. Please
note that a check ·m the amount of $67,'.,;,oo -~a;ompatiicd .thi.s app-Jic:.atiqo. Also, en~losed is a
copy of a .memorandum ftom Ms. Kim'bcrlcy.·Young i;etuming the $~7S.0O check to 9ur off"ice
and stating th~t the division 110 longer requires: fees ta renew non-d,ischargc permits. It is our
understanding .that procedures bave now·¢~ged within your Dep~rtmeilt and that an annual fee
is requ_ired for compliance and monitoring·. P~ase find. ~losed a :check made payable to the
DENR.;.Dnision of':Water Quality in the. amount of. $675.00 for the· period from June 1,. 1999
through May 31, 2000 to cover this annual .fee;
·Foods: haye been-recently establi.shed to ~gin detoxification ,:of the PCB l.andfill in
Warren County. ,Future invoices fo:r--niqiutaiing and compliance .fe¢s should be d.ir~ed to the
Division 9f.. Waste '.Management, Departin~t of _Environment and Natural' Resourees. Future
expenses and fees· will be mcorporated within the DENR budget for the detoxification of the PCB
Landfill. ·
If you have further questions; pl~e co~t Mr. Tommy E. Cline; of tho State Property
Office, (73J-43~)-:of the State Property: Office or :Ms. l'At Back~ (7~-3-4996: Ext. 308) of the
Department of Environment and Natural ~sources, Division of Waste Management. · ··
KGD/kc
Enclosures
cc: Tommy~-Cline
Kimberly Young
Pa.tBa;ckus
M;keKelly
Diane White
Sincerely,
Katie G. Dorsett
..
----=--=-----,.,. .. ---: ', ---. :-..
SEP 1999
Recaived
Waste Management
Division
I■ Meeting Announcement
The Joint Warren County/State PCB Landfill
Working Group will meet
Tuesday, September 28, 1999 at 6:00 p.m.
in the conference room of the
Warren County Office.
,,. • ;• ..... ,., .. ,mRI C· ouN·,.-,:v ;'. ~1: ~; ) r;· . .l.;d · •: • . , · . .l:?-I THURSDAY, JULY 22, 1999 34/ ~· ., •'• , ..• ~--· •. '~ ............ .;. ... !~-.... -: Hunt;g8ins O.K/for Warren ·county PCB fu;gij,~.: · . • · " · · , : ' ' · ' "( : i • 1.f ··I<•·,··, ~I N . ·f d I, f d ' Congresswoman Eva Clayton Bu~ell saying, "We are really as head of the state>·· · · '· . ,OW, 8 era .U.n S :or , Warren . ·. County, grateful the legislature passed . Thestatusofthe.mo_neys_itu~. 'I I b g ht ' Congressman Da~d Price and the language/' . · ation now is that cost estiI?.ate~ WI ~ so.LI . ;Senator John Edwards. have Burwell, on Congresswoman for .the detoxification ar~ n~ru: , . the PCB project "on their list of Clayton's staff, is co-chairma9 $25 million. l.Ms~athe legis." BY CH~RLIE RICHARDS priorities," she said, and the of the. Warren-State Working lature appropria~ DAILY DISPATCH WRITER ~te:s...r-0quest;..fo~ ... million of Group that has. developed·plans outright, which is b~ing Used . Wt&rfund!M!!"pmldi~ ' for detoxifying the landfill and now for final planmng work. RALEIGH -Gov. Jim Hun , If some or all of that ount pressured Gov .. Hunt on the The transfer from . the "white got the authorizations he aske is secured _ and · issue.· '!'hat group will be goods fund" would make $3 mil-from the legislature to pur Stanton said the state replaced soon· by an advisory lion· available. : A · maximum and match federal assistance "absolutely'' is pushi!l for it ~ committee to monitor· the grant' of $7 in federal money, for cleanup of the PCB landfill 8tate.-funds,,would"hl'"1leeded..to cleanup process itself. matched by the state, would in Warren County,ffllldwnowdlhe ..ma~ln-That's where the new Burwell and others from bring the total to $17 million. p.u.elmis.8Il'llltO'l'g8t-t}re.qed8:11ftl language approved by the legis-Warren met with Gov. Hunt Some of that amount will be dulltrrm'-lature comes in; it .authorizes and top members of his staff needed before actual contracts In the second of two accom-the director of the budget office last week to assure continued can be let for .the work. Pat plishments on behalf of the to transfer funds not to exceed efforts. She said the meeting Backus, the project manager, cleanup in this year's session of ,$7 million. ' · was prompted by a recent rally said planning is hi.final stages, the legislature, ~t,e-eetieral "This a· big step," said Evans~ and ' telephone · campaign·' to with some surveying on,the site . .AnemblY""'9Uthorized"'t'fflnsfw Stanton .. "We believe we :will Hunt and legislators. expected next week ,to_ gather ~p.~liutl'~omiatch1'flny get some of the federal .funds. The meeting in Raleigh was final data needed. ' · .fedeJa~~llQ~rl't ."We are exhausting every possi~ attended by• Reps. Jim Backus said pre-qualifying of Earlier, the legislato~s adopt-:bility;" As to matchihg•'them, Crawford and Stan Fox, whose firms eligible to bid on the work ed a state budget that mcluded she said "that will not be· a districts include portions of could be done in August,· and a provision · pushed by Sen. 1problemJ• · · Warren. Burwell said the gov~ final designs ·should be comi. Frank Ballance of Warr~n . Gov. Hunt's office issued a ernor earlier that day met with plete by October. That means ~ounty that ~~1-miL-'.statement saying,' 11We're hon-Sen: Ballance teg~tding the tequests for proposals frot,n hon from the white goods :oring our commitment to the legislative action. cleanup contractors could-be funds" to be used on the landfill :people of Warren County to · Burwell . said the governor made in December,• ptovidi.ng problem: · ·move forward on this cleanup, indicated he hopes to come to enough funds ate available to Shern .. Evans-S~anton, and I applaud the General Warren County to "kick off the continue the pro.ces~1-·' · . deputy se~retary for pohcy and Assembly for meeting . my actual cleanup" and that such a Hunt's statement said he will pro~ams m the .Department of request for the state allocation visit, would be "a great way to :'pursue every available a~enue Environment ~nd Natural to this project."· leave office." The landfill was to secure .the necessary, state Re~our~es, explamed the latest The news was welcomed i11 created during the early 1980s and federal funding to complete legislative move. Warren · County, with Dolly during Hunt's first tour of duty the detoxification."
State, Warren County to press Washington for PCB help
Cleanup project now is waiting on matching funds from the federal government
in southeast Warren. helping use $1 in state funds to can realize $11 million, that's no
Bv CHARLIE RICHARDS Tuesday night, at the final study the landfill threat and find small feat."
DAILY DISPATCH WRITER meeting of a local-state group a way to detoxify the PCBs But as Sherri Evans-Stanton,
working on the · issue, a state stored there. a deputy secretary in the
WARRENTON -With state official said $7 million have been That function is now com-Department of Environment-
dollars literally "in the bank," identified, pulled out from . plete, said Co-Chairman Dolly and Natural Resources,
Warren County eyes have unused funds and put in a spe-Burwell. explained, the $7 is "pending us
turned to Washington for help in cial account for the PCB project. In addition to selecting a getting some federal money."
cleaning up the PCB landfill All that's needed to use that detoxification process, the group That's why the last subject
here. · $7 million, and let a contract for has helped secure a $2 million discussed by the dyin1; Working
For years, Warren and envi-detoxification, is .another $7 mil-state appropriation last year, a Group and the first to be dis-
ronmental leaders have been lion in federal funds. $1 million appropriation this cussed l:,y its successor, a new ..
pressing Gov. Jim Hunt's admin-Meeting was the Joint Warren year and the $7 million set aside Citizens Advisory Board, is how
-istration and the General County-State PCB · Landfill to match federal funds - a. to lobby the federal government.
Assembly for a fiscal commit-Working Group. Along with its potential total of $11 million. Mike Kelly, of the Division of
ment to detoxifying the burial long name, the group has had "Our work is not finished," PLEASE SEE PCB, PAGE 3A
ground of hazardous chemicals the purpose for several years of said Burwell, "but anytime you
-:~:.-_-,. -: • • ' • • > '
.....;. r ---
-~--~
PCB, from page one
Waste Management, · said Gov.
Hunt's liaison in Washington
has advised the first weeks of
September, when Congress
returns from its August recess,
will be important.
The Warren and state leaders
began Tuesday a campaign to
impress the state's senators and
congressmen on the importance
of including in the appropria-
tions bill for the Environmental
Protection Agency $7 million
designated for the Warren job. j
There was one other shift evi-I
dent at Tuesday's meeting.· As
Burwell put it, "we want to revi-
talize the community." She said
the new advisory board should
not only work with officials con-
cerning the detoxification pro-
ject, but in redevelopment of the
area.
As Kelly said, the PCB land-
fill is located on a 175-acre site '
that can not only be cleaned up :
but turned into a positive pro-
ject.
Input is needed from the com-
munity and local government
officials in that regard, and that
will be one task for a communi-
ty coordinator to be hired with
an Environmental Justice
grant. -• · )
"TTL -~4-........... ,.., ..... ,.J .. 1.-. ............... .,, ,.,,i .. ,..;t°' ..... _
There will be nine members oi :
the advisory board. They !
include Burwell, Daria i
Holcomb, Massenburg Kearney,
Earl Limer and Dennis Retzlaf
of Warren County, Jim Warren
of NC WARN and Nan Freeland
of the Natural Resources
Leadership Institute, plus two
other local citizens yet. to be i
named. i
The other report from Raleigh !
delivered by Evans-Stanton was 1
that the new Secretary of the
Department of Environment
and Natural Resources, _Bill
Hol~an;· is coniil'tted to fo°fi~;_;-
through on the PCB project.
"He's 100 percent behind it," she
said of the former environmen-
tal lobbyist.
BACKGROUND:
September 7, 1999
ST A TUS OF THE PCB LANDFILL
DETOXIFICATION EFFORT
WARREN COUNTY, NC
In the late I 970's several thousand gallons of polychlorinated bi-phenyls (PCBs) were illegal
disposed by spraying along approximately 210 miles of state roadways. Listed as a Superfund site
under the US EPA program, the roadways were dug up and the contaminated soils disposed in an
approved PCB landfill located in Warren County. There was much opposition to the landfill and the
Environmental Justice movement supposedly started at this site.
In 1982, Governor James B. Hunt, Jr., made a commitment to the people of Wan-en County
that if appropriate and feasible technology became available, the state would explore detoxification of
the landfill. In 1995, $1 million was appropriated to study detoxification.
The Warren County PCB Working Group (WG) was established and consists oflocal
citizens, state employees and members of various enviromnental organizations. This group has been
working together in a joint partnership to explore detoxification. Effective September I, 1999, the
WG has dissolved and has been replaced by a 9 member Citizens Advisory Board (CAB). The
mission of the CAB will be to pursue detoxification and work with the local community to ensure an
active citizen involvement in the entire process.
DETOXIFICATION STUDIES:
With staff from the Division of Waste Management (DWM), independent science advisors
and the WG, an extensive site investigation was pe1fom1ed. This included installation of monitoring
wells, boring into the landfill to extract soils for testing, and bench scale detoxification studies.
Twelve different teclmologies were considered. Two technologies, Base Catalyzed
Decomposition (BCD) and Gas Phase Chemical Reduction, were found to be appropriate and
potentially feasible for the Warren County landfill. Following very rigorous testing using stringent
guidelines and treatment goals for both PCBs and dioxin, it was determined that BCD was the best
technology for detoxification.
The BCD process utilizes a low temperature thennal desollltion (non-incineration) and
chemical reactions to detoxify the PCBs and dioxins/furans in the contaminated soil. Chlorine atoms
are chemically removed from the PCB and dioxin/foran molecules, and replaced with hydrogen,
rendering them non-hazardous. Detoxified soils will be replaced on-site as part of a redevelopment
plan for the area. A Phase II, Preliminary Draft Design Plan estimates the maximum cost to be under
$24 million.
CURRENT ST A TUS:
In 1998, $2 million was appropriated to begin the detoxification process using BCD. The DWM hired a
chemical/environmental engineer to be the project manager. A contract is being issued for the completion of the Final
Design Drawings for full scale detoxification. Preliminary meetings for the permitting activities required have been held
with EPA Region 4 (Atlanta) and Headquarters (Washington) personnel.
The EPA is providing funds for a Community Involvement Coordinator to work with the local community in a
variety of tasks, and the National Institute of Environmental Health Sciences (NIEHS) sponsored a Warren County
citizen in a Superfund Job Training Program designed to teach her how to set up a job training program for local citizens
so they can be involved and employed in the detoxification work. NIEHS would also sponsor this activity. Contacts are
ongoing with the EPA Environn1ental Justice, Superfund and :Re-development program personnel, as well as other
groups such as Georgia Tech (for job training and a science advisory role), the US Soccer Association (support for the
re-development of the area), and the Department of Defense (IO percent of the landfill materials came from Ft. Bragg),
as partners and potential funding sources.
Site preparation work is either on-going or in the planning stages for such things as utilities (water, power,
toilet facilities, etc), road work, boring under the landfill, and a re-development plan once detoxification is completed.
Job training and business opportunities for minority companies in the area is a priority.
The DWM placed a Request for lnfo1111ation on the internet last week seeking infom10tion from companies
interested in the detoxification project. We have asked for their responses by October 15 . The Phase III, Final Design,
should be completed by December 1999, and it is our hope to have a RFP for detoxification ready to send out in January
2000. The next phase is estimated to cost a maximum of $16 million. Under the current schedule, a contract could be
issued in early 2000, and actual detoxification on-site started in the summer of 2000. The on-site work is estimated to
take 18-24 months.
During the 1999 legislative session, an additional $1 million was placed into the detoxification fund, and $7
was identified and set aside as matching funds for any federal dollars that can be appropriated for this project. The state
and CAB is actively working with congressional representatives to obtain these funds.
CONTACT: Pat Backus, Project Manager, DWM 919-733-4996, ext 308
OBJECTIVE
The State of North Carolina wishes to remediate the Warren County PCB Landfill. Remediation of the
landfill will
♦ Correct condition in Notice of Non Compliance;
♦ Fulfill a commitment to detoxify the landfill; ♦ Remove a long term~eat to the community;
♦ Eliminate a stigma on the community;
♦ Eliminate cost of monitoring, sampling, leachate pumping and treatment, and upgrades; and
♦ Eliminate a potential remediation problem in the future.
PROCESS SELECTION AND FUNDING
In 1995, the Department of Environment and Natural Resources received an appropriation of $1 million
to study detoxification options and to recommend a cleanup strategy. The Joint Warren County -State PCB
Landfill Working Group selected Base Catalyzed Decomposition (BCD) as the best and safest process for the
site. The process met the Working Group's treatment requirements plus fulfilled the objectives to destroy
PCBs and dioxins rather than only separating the contaminants from the soil.
The State Assembly supported the Working Group's selection when in the "Current Operations
Appropriations and Capital Improvement Appropriations Act of 1998" it stated that "based catalyzed
decomposition (BCD) technology shall be used to detoxify the landfill". It also stated "treatment standards
for residual concentrations of contaminants remaining in the soil shall be 200 parts per billion for PCBs and
200 parts per trillion toxicity equivalent concentration (TEQ) for dioxins/furans."
Another $2 million was allocated in 1998 to begin the detoxification process. A preliminary design
report for the detoxification was completed in 1998 and estimated the treatment and restoration cost at $14-
20 M. The final design in underway and should be completed in December of 1999. This year the General
Assembly authorized $1 million and authorized the state to identify and set aside up to $7 million in state
funding for the project to match federal funds. Representatives and senators from North Carolina are
supporting the federal request.
APPROVALS AND/OR PERMITTING
With the completion of the final design and the commitment of significant funding, the State is now in
the position to pursue approval to conduct the remediation project. The State is requesting support from EPA
♦ to specifically identify what is required by EPA regulations for this project;
♦ to answer questions that may arise during the preparation of applications;
♦ to assist the State in developing a project schedule (with resources and relationships identified) for
the submission, review, and approval of permits or other required documents; and
♦ to review applications in a timely, meaningful manner to meet the agreed schedule.
Questions/Comments/Concerns
❖ General Permitting
► Are separate permits needed for site cleanup and BCD process operation or can remediation be done
under one permit?
► For this project, BCD process operation and remediation are intimately tied together. Boundary
limits need to be for entire remediation. How would this be handled? (specifically, the condensate
system)
► If separate permits are required, will North Carolina be the permit owner on both?
► North Carolina is only interested in BCD as a site-specific disposal method. Regional
Administrators have authority for site-specific approval. Who would approve permit(s)?
► Community requirements are more stringent than EPA requirements. How would this be deal with
in the permitting process?
► Would potential operators other than ETG, be required to obtain R&D permits and demonstrate the
BCD at the bench-scale?
► Other TSCA requirements during remediation (records and reports)?
► What is TSCA PCB Coordinated Approval and how is it used? Could it be applicable in our case?
► How many treatment permits do you process?
► What is required before construction can begin?
❖ Permit Applications and Demonstration Test Plans
► Is BCD considered a non-thermal alternative method? Define thermal versus non-thermal?
► Any examples of non-thermal permit applications?
►
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
Honorable Jesse Helms
United States Senate
Washington. DC 20510-3301
Dear Senator Helms:
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
D RA fl
Thank you for your letter of August 25, 1999, on behalf of Mr. Ken Ferruccio regarding
the polychlorinated biphenyl (PCB) detoxification project for the Warren County Landfill
(WCLF) in Warren County, North Carolina. Enclosed with your letter was a 12 page
memorandum from Mr. Ferruccio to Wayne McDevitt, former Secretary of the North Carolina
Department of Environment and Natural Resources (NCDENR) outlining his reasons for rejecting
the Secretary's offer to serve on the WCLF Citizen Advisory Board (CAB).
We have reviewed Mr. Ferruccio's memorandum, which is largely a critique of the WCLF
CAB and the environmental justice establishment. The purpose of the WCLF CAB is to provide
local citizens a greater voice in the decision-making process for the WCLF detoxification project.
However, Mr. Ferruccio does not believe that the WCLF CAB will operate independent of U.S.
Environmental Protection Agency (EPA) and State of North Carolina control. Mr. Ferruccio
seems to view the CAB as incapable of serving the interests of the local community since, as he
sees it, the CAB is linked to EPA's National Environmental Justice Advisory Council and is
funded by North Carolina. Mr. Ferruccio has identified EPA and North Carolina as the parties
responsible for creating and perpetuating the WCLF.
The decision on the future disposition of the WCLF must be made by the State of North
Carolina (the site owner) in consultation with the local community. EPA encourages consultation
on PCB cleanup decisions but does not prescribe procedures or mechanisms for consultations
with local citizens on such matters.
Regarding the selection of base catalyzed decomposition (BCD) as the preferred
technology for treating the PCB contaminated soil at WCLF, EPA had no involvement
whatsoever in this decision, nor was EPA' s opinion sought. It is our understanding that BCD was
selected by the Joint Warren County/State PCB Landfill Working Group (the CAB's predecessor)
based on the advice of their science advisors. As far as EPA is concerned, BCD is an innovative
treatment technology that may be suitable for destruction of chlorinated organic compounds such
as PCBs and pesticides. However, as we have advised NCDENR, BCD has not been "approved"
at the commercial scale for PCB disposal under the Toxic Substances Control Act (TSCA). If
BCD is to be used at the WCLF, North Carolina must first obtain a TSCA PCB disposal
approval. To obtain such an approval, North Carolina will have to demonstrate that the BCD
Internet Address (URL) • http://www.epa.gov
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• tr .... ~,~EO St-4~h ~ .,. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY i ft ~ REGION 4 ~ ~ ~ ATLANTAFEDERALCENTER \ ,.l 61 FORSYTH STREET
~eBll~nt system it constructs is caf,T!ch~fM:,~R!f½tlfl~t\~g the PCB concentration in the
WCLF soils to below two parts per million. The State must also demonstrate that its BCD
treatment system will not pose an unreasonable risk of injury to human health or the environment.
The approval process, which includes a demonstration test, generally takes from 18 to 30 months
from the time EPA receives an approval application.
The self-implementing PCB remediation waste regulations at 40 CFR §761.6l(a) were
established to encourage voluntary cleanup of PCB sites and could be applied at WCLF. These
regulations contain provisions for cleanup of PCB contaminated sites without having to obtain a
written approval from EPA Cleanup activities that do not require an approval include: (1)
excavation and off-site disposal of contaminated material; (2) on-site soil washing with a non-
chlorinated solvent; and (3) on-site treatment using a PCB disposal technology approved under 40
CFR §§761.60(e) or 761.70. However, it is EPA's understanding that the local/state working
group and the state legislature have already selected BCD for use at the WCLF. As indicated
above, if North Carolina stays with BCD, a TSCA approval will be required.
If I may be of further assistance, please feel free to contact the Office of External Affairs
at [phone].
cc: William Holman, NCDENR
Myrtle Lashley, EPA-HQ
be: Regional Administrator
Sincerely,
John H. Hankinson, Jr.
Regional Administrator
Brown Freeman Kemker Fox/Kutzman/Smith OCA Sawicki/Meiburg/Hankinson OCA
C. Brown/cb:4APT-TS:28990/9-14-99/wclf-helms
Internet Address (URL) • http://www.epa.gov
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·• JAMESB.HUNTJt .•~, •. ,
•. . GOVERNOR
;·,:'?'·
~I~tf i,~J:~.;1 n· ;: .i
Ms. Daria Holcomb
P.O. Box 222
Warrenton, NC 27589
Dear Ms. Holcomb:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Thank you for agreeing to serve as one of nine voting members of the
Citizens Advisory Board (CAB) for detoxification of the Warren County PCB
Landfill. I am formally appointing you to the new Citizens Advisory Board
effective September 1, 1999.
As you know, the Joint Warren County/State PCB Landfill Working
Group fulfilled its mission of assessing the status of the landfill and selecting a
detoxification technology. The Working Group suggested the establishment of
the CAB and recommended that its role would be:
"to continue our efforts to help obtain funding for detoxification; to serve
as a liaison to the state on behalf of the Warren County community; to
serve as a liaison to the community; to provide education and updates
about PCB landfill issues; to lead a community involvement campaign; to
help develop specifications for detoxification of the landfill and for the
selection of a contractor; and to determine the support and budgetary
needs for the Citizens Advisory Board."
I endorse that recommendation.
I am attaching a copy of the members I am appointing to this board. Your
continued efforts on behalf of Warren County to work toward detoxification of the
PCB Landfill and the redevelopment of this area are very much appreciated. The
last meeting of the Joint Warren County/State PCB Landfill Working Group will
be Tuesday, August 24, 1999, at 6 p.m.
Thank you again for your previous support with this effort, and your future
endeavors.
Sincerely,
Wayne McDevitt
Secretary
P.O. Box 27687, RALEIGH NC 27611-7687 / S 12 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] WWW.EHNR.STATE.Nc.us/EHNR/
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JAMES 8. HUNT JR.
.i"GoVERNOR
•;: ..
,, ~-.. ~ . ·~· .~
Mr. Dennis Retzlaff
Warren County Health Services
544 W. Ridgeway Street
Warrenton, NC 27589
Dear Mr. Retzlaff:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Thank you for agreeing to serve as one of nine voting members of the
Citizens Advisory Board (CAB) for detoxification of the Warren County PCB
Landfill. I am formally appointing you to the new Citizens Advisory Board
effective September 1, 1999.
As you know, the Joint Warren County/State PCB Landfill Working
Group fulfilled its mission of assessing the status of the landfill and selecting a
detoxification technology. The Working Group suggested the establishment of
the CAB and recommended that its role would be:
"to continue our efforts to help obtain funding for detoxification; to serve
as a liaison to the state'> on behalf of the Warren County community; to
serve as a liaison to the community; to provide education and updates
about PCB landfill issues; to lead a community involvement campaign; to
help develop specifications for detoxification of the landfill and for the
selection of a contractor; and to determine the support and budgetary
needs for the Citizens Advisory Board."
I endorse that recommendation.
I am attaching a copy of the members I am appointing to this board. Your
continued efforts on behalf of Warren County to work toward detoxification of the
PCB Landfill and the redevelopment of this area are very much appreciated. The
last meeting of the Joint Warren County/State PCB Landfill Working Group will
be Tuesday, August 24, 1999, at 6 p.m.
Thank you again for your previous support with this effort, and your future
endeavors.
Sincerely,
Wayne McDevitt
Secretary
P.O. Box 27687, RALEIGH NC 2761 I -7687 / 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] www.EHNR.STATE.Nc.us/EHNR/
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. GoVERNOR
... --.-: cJ
~ •·•• •· I !: ; ~
. .
. ?~,,;:! .. 1o-... ~-.. ~-/:-~ ~~-·J~.i
Mr. Massenburg Kearney
Route 4, Box 432
Warrenton, NC 27589
Dear Mr. Kearney:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Thank you for agreeing to serve as one of nine voting members of the
Citizens Advisory Board (CAB) for detoxification of the Warren County PCB
Landfill. I am formally appointing you to the new Citizens Advisory Board
effective September 1, 1999.
As you know, the Joint Warren County/State PCB Landfill Working
Group fulfilled its mission of assessing the status of the landfill and selecting a
detoxification technology. The Working Group suggested the establishment of
the CAB and recommended that its role would be:
"to continue our efforts to help obtain funding for detoxification; to serve
as a liaison to the state on behalf of the Warren County community; to
serve as a liaison to the community; to provide education and updates
about PCB landfill issues; to lead a community involvement campaign; to
help develop specifications for detoxification of the landfill and for the
selection of a contractor; and to determine the support and budgetary
needs for the Citizens Advisory Board."
I endorse that recommendation.
I am attaching a copy of the members I am appointing to this board. Your
continued efforts on behalf of Warren County to work toward detoxification of the
PCB Landfill and the redevelopment of this area are very much appreciated. The
last meeting of the Joint Warren County/State PCB Landfill Working Group will
be Tuesday, August 24, 1999, at 6 p.m.
Thank you again for your previous support with this effort, and your future
endeavors.
Sincerely,
Wayne McDevitt
Secretary
P.O . Box 27687, RALEIGH NC 27611-7687 / 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] WWW.EHNR.STATE.NC.US/EHN R/
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Mr. Earl Limer
Route 4, Box 413
Warrenton, NC 27589
Dear Mr. Limer:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Thank you for agreeing to serve as one of nine voting members of the
Citizens Advisory Board (CAB) for detoxification of the Warren County PCB
Landfill. I am formally appointing you to the new Citizens Advisory Board
effective September 1, 1999.
As you know, the Joint Warren County/State PCB Landfill Working
Group fulfilled its mission of assessing the status of the landfill and selecting a
detoxification technology. The Working Group suggested the establishment of
the CAB and recommended that its role would be:
"to continue our efforts to help obtain funding for detoxification; to serve
as a liaison to the state on behalf of the Warren County community; to
serve as a liaison to the community; to provide education and updates
about PCB landfill issues; to lead a community involvement campaign; to
help develop specifications for detoxification of the landfill and for the
selection of a contractor; and to determine the support and budgetary
needs for the Citizens Advisory Board."
I endorse that recommendation.
I am attaching a copy of the members I am appointing to this board. Your
continued efforts on behalf of Warren County to work toward detoxification of the
PCB Landfill and the redevelopment of this area are very much appreciated. The
last meeting of the Joint Warren County/State PCB Landfill Working Group will
be Tuesday, August 24, 1999, at 6 p.m.
Thank you again for your previous support with this effort, and your future
endeavors.
Sincerely,
Wayne McDevitt
Secretary
P.O. BOX 27687, RALEIGH NC 27611-7687 I 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] www.EHNR.STATE.Nc.us/EHNR/
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JAMES B. HUNT JR.
·.· GoVERNOR
. ' ;,, __ ~ .. ·•, .-,r,
Mr. Jim Warren
NC WARN
P.O. Box 61051
Durham, NC 27715
Dear Mr. Warren:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Thank you for agreeing to serve as one of nine voting members of the
Citizens Advisory Board (CAB) for detoxification of the Warren County PCB
Landfill. I am formally appointing you to the new Citizens Advisory Board
effective September 1, 1999.
As you know, the Joint Warren County/State PCB Landfill Working
Group fulfilled its mission of assessing the status of the landfill and selecting a
detoxification technology. The Working Group suggested the establishment of
the CAB and recommended that its role would be:
"to continue our efforts to help obtain funding for detoxification; to serve
as a liaison to the state on behalf of the Warren County community; to
serve as a liaison to the community; to provide education and updates
about PCB landfill issues; to lead a community involvement campaign; to
help develop specifications for detoxification of the landfill and for the
selection of a contractor; and to determine the support and budgetary
needs for the Citizens Advisory Board."
I endorse that recommendation .
I am attaching a copy of the members I am appointing to this board. Your
continued efforts on behalf of Warren County to work toward detoxification of the
PCB Landfill and the redevelopment of this area are very much appreciated. The
last meeting of the Joint Warren County/State PCB Landfill Working Group will
be Tuesday, August 24, 1999, at 6 p.m.
Thank you again for your previous support with this effort, and your future
endeavors.
Sincerely,
Wayne McDevitt
Secretary
P.O. Box 27687, RALEIGH NC 2761 1 •7687 I 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX 919·7 I 5·3060 WWW.EHNR.STATE.NC.US/EHNR/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST-CONSUMER PAPER
JAMES 8. HUNT JR.
,.'£-<,_~ '-~--~, . !~;]:~:§!;:~~;.~-~';
MclDE"ll'ITT
_ • .,,; .., .I
'.-'~? ,. :~
Ms. Dollie B. Burwell
P.O. Box 254
Warrenton, NC 27589
Dear Ms. Burwell:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Thank you for agreeing to serve as one of nine voting members of the
Citizens Advisory Board (CAB) for detoxification of the Warren County PCB
Landfill. I am formally appointing you to the new Citizens Advisory Board
effective September 1, 1999.
As you know, the Joint Warren County/State PCB Landfill Working
Group fulfilled its mission of assessing the status of the landfill and selecting a
detoxification technology. The Working Group suggested the establishment of
the CAB and recommended that its role would be:
"to continue our efforts to help obtain funding for detoxification; to serve
as a liaison to the state on behalf of the Warren County community; to
serve as a liaison to the community; to provide education and updates
about PCB landfill issues; to lead a community involvement campaign; to
help develop specifications for detoxification of the landfill and for the
selection of a contractor; and to determine the support and budgetary
needs for the Citizens Advisory Board."
I endorse that recommendation.
I am attaching a copy of the members I am appointing to this board. Your
continued efforts on behalf of Warren County to work toward detoxification of the
PCB Landfill and the redevelopment of this area are very much appreciated. The
last meeting of the Joint Warren County/State PCB Landfill Working Group will
be Tuesday, August 24, 1999, at 6 p.m.
Thank you again for your previous support with this effort, and your future
endeavors.
Sincerely,
Wayne McDevitt
Secretary
P.O. Box 27687, RALEIGH NC 27611-7687 I 512 NORTH SALISBURY STREET, RALEIGH NC 276 04
PHONE [phone] FAX [phone] WWW.EHNR.STATE.NC.US/EHNR/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER -50% RECYCLE0/1 0 o/o POST-CONSUMER PAPER
JAMES 8 . HUNT JR.
GOVERNOR
~ ,.,.~; ._ ['' ,,,.,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Ms. Nan Freeland
Natural Resources Leadership Institute
North Carolina State University
Campus Box 8109
332 Nelson Hall
Raleigh, NC 27695-8109
Dear Ms. Freeland:
Thank you for agreeing to serve as one of nine voting members of the
Citizens Advisory Board (CAB) for detoxification of the Warren County PCB
Landfill. I am formally appointing you to the new Citizens Advisory Board
effective September 1, 1999.
As you know, the Joint Warren County/State PCB Landfill Working
Group fulfilled its mission of assessing the status of the landfill and selecting a
detoxification technology. The Working Group suggested the establishment of
the CAB and recommended that its role would be:
"to continue our efforts to help obtain funding for detoxification; to serve
as a liaison to the state on behalf of the Warren County community; to
serve as a liaison to the community; to provide education and updates
about PCB landfill issues; to lead a community involvement campaign; to
help develop specifications for detoxification of the landfill and for the
selection of a contractor; and to determine the support and budgetary
needs for the Citizens Advisory Board."
I endorse that recommendation.
I am attaching a copy of the members I am appointing to this board. Your
continued efforts on behalf of Warren County to work toward detoxification of the
PCB Landfill and the redevelopment of this area are very much appreciated. The
last meeting of the Joint Warren County/State PCB Landfill Working Group will
be Tuesday, August 24, 1999, at 6 p.m.
Thank you again for your previous support with this effort, and your future
endeavors.
Sincerely,
Wayne McDevitt
Secretary
P.O . Box 27687, RALEIGH NC 27611-7687 / 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] WWW.EHNR.STATE.NC.US/EHN R /
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
4APT-TSS
Michael A Kelly, Deputy Director
Division of Waste Management
North Carolina Department of
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
AUS 1 3 1999
Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Dear Mr. Kelly:
AUS 1899
HJc01•r~d
''!aste /rn:igeinent
Di'Jis1cn
Thank you for your July 30, 1999, letter to Carol Kemker concerning the Warren County
Landfill (WCLF) project. You have proposed that the detoxification of polychlorinated biphenyl
(PCB) contaminated soil at the WCLF, now be managed as a corrective action or voluntary
cleanup project under the State's Inactive Hazardous Sites Program. You have indicated that
cleanup projects under this program can be expeditiously completed without lengthy delays due to
permitting. If, as you seem to be suggesting, treatment of the PCB contaminated soil at the
WCLF using Base Catalyzed Decomposition (BCD) technology be conducted without the benefit
of a Toxic Substances Control Act (TSCA) permit, I am afraid we must disagree.
The U.S. Environmental Protection Agency (EPA) has worked closely with your office to
resolve compliance problems at the WCLF and assist you with developing a cleanup strategy for
the closed landfill. In your February 16, 1999, meeting with Craig Brown of EPA Region 4's staff
and Winston Lue of EPA Headquarters, the TSCA permitting process and probable time frames
for issuing an operating permit to treat the WCLF soils were discussed. EPA understood from
the meeting that North Carolina would select a BCD treatment contractor/vendor in late Fall
1999, and submit an alternative PCB disposal permit application in January or February 2000.
Because EPA' s PCB program office has never issued a TSCA permit for PCB disposal using
BCD technology at the commercial scale, EPA staff recommended a two step permitting process
for the WCLF project. Our most optimistic projections for permitting were for issuance of a
Research and Development permit in the Summer of 2000, and issuance of a full scale operating
permit in Fall 2001.
As Mr. Brown has discussed with you previously, there are several cleanup alternatives for
the WCLF that would not require issuance of a new TSCA permit. PCB site cleanups may be
conducted under the self-implementing PCB cleanup regulations at 40 CFR §761.6l(a) without
EPA's written approval. Under this option contaminated soil may be excavated, transported and
disposed of at an off-site TSCA permitted facility. This option does allow for treatment of soil
on-site using soil washing technology. Under this option soil could also be treated on-site using a
Internet Address (URL) • http://www.epa.gov
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I ,.
2
previously TSCA-permitted treatment process. Currently, BCD is not among the nationally
permitted PCB treatment technologies. Thus, it would appear that none of the cleanup
alternatives available under the 40 CFR §761.61(a) self-implementing option would meet criteria
agreed to by the State and the local WCLF Working Group. If the State and the WCLF Working
Group are committed to use of BCD treatment for detoxifying the PCB contaminated soil at the
WCLF, we see no way of avoiding the TSCA permitting process.
We would be happy to meet with you to discuss this matter further. If you wish to meet, I
recommend that we schedule this meeting for sometime after September 13, 1999, so that Craig
Brown of my staff would be available to attend the meeting. If you wish to set a meeting date or
if you have any questions, please contact me at [phone].
Sincerely,
~/}fl~~
Alfreda-Freeman d (}' '
Chief
Toxic Substances Section
..
'Y /,\t-ttNORTH CAROLINA DEPARTMENT OF
{,) -ENVIRONMENT AND NATURAL RESOURCES
August 12, 1999
Mr. Craig Brown
Pesticides and Toxic Substances Branch
US~Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303-8960
Dear Craig:
DIVISION OF WASTE MANAGEMENT
In February the State of North Carolina installed a new leachate pump at the
Warren County PCB Landfill to address Notice of Non-Compliance, Docket Number TSCA-
4-97-11844. This letter is to update you on its operation.
The main components of the pumping system are a slant well pneumatic pump, a
solar-powered pump cycle controller, and an air compressor. The controller is programmed
to turn the pump on for approximately five minutes each hour around the clock. Sediments
and other contaminants are removed by the filter treatment system (sand and activated
carbon beds). The filter treatment system also serves to dampen the pulsing flow from the
leachate pump so that the treated effluent discharges as a continuous stream.
Figure 1 shows the cumulative amount of leachate pumped from the landfill since
start up of the new pump. The total pumped to date is approximately 60,000 gallons. A
significant drop in the water level in the landfill has also been observed. Figures 2 and 3
show the manual measurements of water level in the _north and south wells inside the
landfill dating back to their installation. (Unfortunately, there is a gap in data because a
datalogger was used to monitor rel~tJ~. ~!1,.cJil.fJeS in the level and was not well calibrated to
the manual measurements.) The ~f'arthe bottom of the each chart represents the
bottom of the well. As you can see before pumping the water level was 13 to 14 feet. The
last measured levels indicate that the level is now approximately 6 to 7 feet. (Note: the
level in the north well is slightly low~r that the south because the leachate is pumped from
the north side and there is a cone of depression.) This drop seems impossible based on
the estimates of 1 to 2 million gallons of water in the landfill, however, it does correspond
with the estimates of only 60,000-140,000 gallons of "free" water presented at our meeting
in February. If we can maintain out current pumping rate, the water level in the landfill
should be eliminated by the end of the year.
Currently the site is visited each week to check its operation and to measure the
water levels and discharge rate. Downtime has occurred due to mechanical problems and
the discharge rate has varied from 0.3 to 0.5 gpm due to experimentation with controller
settings. The State also continues to sample the influent to and effluent from the filter
treatment system. Results for the past year are shown in Figure 4. An increase in the PCB
concentration of the influent was seen after continuous pumping started, but the treated
effluent continues to remain at <0.1 ppb.
401 OBERLIN ROAD, SUITE I 50, RALEIGH, NC 27605
PHONE 919•733-4996 FAX [phone]
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Mr. Craig Brown
August 12, 1999
Page 2
, ••
If you would like more information or have any questions, please call me at [phone] ext 308.
Copy: Mr. Bill Meyer
Mr. Mike Kelly
Ms. Pat Williamson
Sincerely,
Pat Backus
PCB Landfill Project Manager
.. 140,000 120,000 ~ 100,000 ~ "C (I) a. E ::J a. ... . E <( (I) > ;; ~ ::J E E ::J 0 PMB 80,000 60,000 40,000 20,000 0 28-Feb -Figure 1 CONTINUOUS LEACHATE PUMPING AT WARREN COUNTY PCB LANDFILL Cummulative Amount Removed --~---~ -------~ 20-Mar 9-Apr 29-Apr ~ v--_____.-19-May Date 8-Jun i.-----~ 28-Jun --~ 18-Jul 7-Aug 8/12/99
338 337 .... ♦ .-T ◄► ♦ 336 -335 334 333 -332 -... :=-Cl) 331 > ~ ... 330 Cl) -... ffl s: 329 -328 327 326 -325 ' 324 323 12/1 /96 3/11/97 6/19/97 \ ~ Figure 2 Water Level in North Well Warren County PCB Landfill ◄► •♦ ♦ • ..... ♦ ♦ .., 9/27/97 1/5/98 ♦ ♦ 4/15/98 Date 7/24/98 Level )ost drawdov. n when pump Wei s down fora few days. \ . ... ~ ♦ ~ .... ~ ..... ♦ • 11/1/98 2/9/99 5/20/99 8/28/99 pmb 8/12/99
338 337 -♦ ♦ ♦ 336 -.... ... 335 334 333 -\ ' Figure 3 Water Level in South Well Warren County PCB Landfill •• ♦ ♦ ♦ ..♦ ._j_. .... .... ♦ ~ ♦ g 332 11-----1------+------I-----I -------------1-------· -------1· -----1 I •♦--ai ·> .!!! 331 ... Q) -330 -ns ~ 329 -328 327 -326 -325 -324 -12/1 /96 3/11/97 6/19/97 9/27/97 1 /5/98 4/15/98 Date 7/24/98 11/1/98 ♦ 2/9/99 5/20/99 8/28/99 pmb 8/12/99
-..c 0. 0. -C 0 :;:; RI .. -C Cl) u C 0 () rn () a. 5.0 4.0 3.0 2.0 1.0 0.0 6/4/98 Figure 4 PCB Content of Influent and Effluent of Leachate Treatment System Warren County PCB Landfill I \ -------~ ,, -/ ~ -~ V V ~ .___ ./ ---... ~ ------------------7/24/98 9/12/98 11/1/98 12/21/98 2/9/99 3/31/99 5/20/99 7/9/99 Date [ ---Influent ·--e-Effluent 8/28/99 pmb 8/12/99
~W'A
MCDEMR
JAMES B . HUNT JR.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
August 17, 1999
APPOINTEES FOR THE WARREN COUNTY
CITIZENS ADVISORY BOARD
PCB LANDFILL
Effective September 1, 1999, Secretary Wayne McDevitt, DENR, has appointed
the following individuals to the Citizens Advisory Board (CAB):
LOCAL CITIZENS:
Ms. Dollie Burwell
Ms. Daria Holcomb
Mr. Massenburg Kearney
Mr. Earl Limer
Vacant-to be selected by the CAB
ENVIRONMENT AL REPRESENTATIVES:
Mr. Jim Warren, NC WARN
Ms. Nan Freeland, Natural Resources Leadership Institute
REPRESENTATIVE OF COUNTY COMMISSIONERS:
Mr. Dennis Retzlaff, Warren County Health Department
WARREN COUNTY BOARD OF EDUCATION:
To be recommended by the School Board
401 OBERLIN ROAD, SUITE 1 SO, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I 0% POST-CONSUMER PAPER
Dennis Retzlaff
Warren County Health Servcies
544 W. Ridgeway Street
Warrenton, NC 27589
Mr. Massenburg Kearney
Route 4, Box 432
Warrenton, NC 27589
Mr. Earl Limer
Route 4, Box 413
Warrenton, NC 27589
Mr. Jim Warren
NC WARN
P.O. Box 61051
Durham, NC 27715
_/ Ms. Dollie B. Burwell
P.O. Box 254
Warrenton, NC 27589
Ms. Nan Freeland ·
Natural Resources Leadership Institute
North Carolina State University
Campus Box 8109
332 Nelson Hall
Raleigh, NC 27695-8109
7 0 . ~ 222
✓-u L /;,,---
---
I ~ Approved by: Dale: INSTRUCTIONS:· Preparer must complete the following: Typo of Entry, Paoo, Budoot Coda, Doposit No. (ir opplicablo), Total Debits, Tatar Credits, Lino Number, Company, Account, Center, Amount, DR/CR, Description (cannot exceed 30 characters), Prepared By, Date and Justification.· All fom1s must be roviewod and approvod by authorized individual In the proparor's division. Every line ~ust bo valid end funds must bo oveilablo prior to submit iino tho nntry Io ho keyed. Comhino similnr Comrrnny, Account, nncf 'cont ors on one line. 'Hold Date _____ Release Date ____ _ "Unavailable Funds Override Approval __________ _ Entered fy. _____ Dale ___ _
STHTE BUDGET AND MGT. Fax:[phone] Aug 6 '99 14=02
State of North Carolina
Office of State Budget and Management
James B. Hunt Jr.
Governor and Director
oi the Budget
Ms. Amber Young
Central Compli3.Ilct Manager
Office of the Seate Controller
Bush Stw:r., Box 89
Raleigh, North Carolina
Dear Ms. Young:
August 3, 1999
P.02/02
Marvin K. Dorman, Jr.
State Budget Officer
Pursuant IO Section 54 of Rll.tified House Bill 162, "If the Director of the Office of State Budget detmnines that sufficient
State funds are available from any source to match federal funds for the de10xification of the Warren County polychlorin:ited
biphcnyl (PCB) landfill, consistent with the provisions of Section 29.9 of S. L. 1998-212, the Director rruy tr.msfor funds not
to exceed seven million dollars ($7,000,000) to the Department of Environment and Natural Resources to be pfaced in the
nonreverting reserve estlblished undtr Scetion 29.9 (a) of S. L. 1998-212" Accordingly we are dirccring you to take the
following steps in order to allocate the funds a.s ilirecred by the Gener:11 Assembly.
l',1J'-f
1. Esublish the budget code 19044 GF RESER VE-ENR LANDFILL,
2. Consistent with legislation in Section 54, House Bill 162 transfer $7,000,000 from the General Fund reversions
as of June 30, 1999, to budget code 19044, GF RESERVE-E..~'R LANDFILL.
!44 3f
3. Transfer $7,000,000 from budget code ~4 GF RESERVE-ENR LANDFILL to budget code 49816 ENR-CI
1998 to be budgeted for the Dt10xifi.carion of PCB Landfill in W:unm County established under Section 29.9 of
S.L. 1998-212.
The Deparu:nent authorized to receive these funds is respo ible for submission of the appropriate documentation for both the
budget and accounting system, as needed.
cc:
\_
Aleu Mills
Rob Nelson
Jane Smith
~ -
/ M:irvm K. Dorman
./ Srate Budget Officer
I I 6 WEST JONES STREET-RALEIGH 27603-8005 [phone]
AN EQUAL OPPORTUNITY/ AF'"FIRMATIVE ACTION EMPLOYER
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 30, 1999
Ms. Carol L. Kemker, Chief
Pe~icides and Toxic Substances Branch
US Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303-8960
Dear Ms. Kemker:
DIVISION OF WASTE MANAGEMENT
The State of North Carolina has been working over the past several years with the
citizens of Warren County to evaluate technologies to remediate the Warren County PCB
Landfill. The landfill was constructed in Warren County in 1982 despite extreme
opposition from the community. At that time, Governor Jim Hunt stated that "the state
will push as hard as it can for detoxification of the landfill when and if the appropriate and
feasible technology is developed." Since his return to office in 1992, the State has been
working closely with the citizens of Warren County under the Joint Warren County/State
PCB Landfill Working Group. The Working Group conducted a lengthy, thorough
evaluation and selected the EPA-developed Base Catalyzed Decomposition technology for
on-site remediation. They also established stringent soil cleanup standards of 200 parts
per billion for PCBs and 200 parts per trillion Toxicity Equivalent Concentration (TEQ)
for dioxins/furans.
Since 1992, the North Carolina General Assembly has provided $4M for this
project and has committed to match up to $7M of any federal funds that the PCB
detoxification project might secure. EPA Region IV has already provided the community
with a significant grant that includes funding for a community involvement coordinator.
In the event additional federal money is not secured, Governor Hunt has promised he will
include the remaining funds required in next year's budget. The Governor backs an
aggressive schedule to ensure that remediation begins during his administration that ends
in January of 2001.
Since closure, the landfill has been monitored under the TSCA program. The
landfill was a remedy to a former NPL site and, therefore, does not fall under
CERCLNSARA. However, the State believes that the detoxification should fall under the
requirements of a corrective action or voluntary cleanup project. The State would like to
use the guidelines of the North Carolina Inactive Hazardous Sites Program in order to
expedite the cleanup while there is strong support of the project. The Program's policy is
to be consistent with the intent of CERCLNSARA and the National Contingency Plan.
Under this program, both voluntary and state-mandated site cleanups are being completed
without lengthy delays due to permitting.
401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I 0% POST-CONSUMER PAPER
Ms. Carol L. Kemker
July 30, 1999
Page 2
While using the Inactive Hazardous Sites Program, the State would welcome EPA involvement in
the project. I have enclosed a copy of the program's Guidelines for Assessment and Cleanup for
reference. We would appreciate the opportunity to meet with you to discuss this matter further at your
earliest convenience.
Copy: Mr. William Meyer
Ms. Pat Williamson
Ms. Pat Backus
Mr. Craig Brown
at a crltlcal point In cu lfforta ward deadll Colnr, Thl,..hll_,llldlct...,.llli:1IIY bNnd-... far~ fnGftlllrfar nlD fllld)Ul'OCllllliilt ..... Sld youffllllefllldl-llllte ........... I ... in-.. w...._..-. .. flnlng youhMpnwidld ..a llapt JOUwl rmlrMID""'8t011'1ff1111~ ~IQ fflOIW/for Slncny,
~f,~. 'id-1,(/Mjr-
r:/~
/4~
I-Meetin2 Announcement
The Joint Warren County/State PCB Landfill
Working Group will meet
Tuesday, June 22, 1999 at 6:00 p.m.
in the conference room of the
Warren County Office.
' . '
LEGISLATIVE
DAY
Our Legislators need to here from Warren County Citizens,
Who are committed to a Safe and Healthy
Environment for there families and their Community.
WE NEED YOU TO JOIN US!
Please call 252-257 -1948 if you need more information or if you can join us!
JOINT WARREN COUNTY /STATE PCB LANLDFILL
WORKING GROUP
720 Ridgeway Street
Warrenton, NC 27589
Phone [phone] Fax [phone]
MEMORANDUM
TO: Loria D. Williams
FROM:
DATE:
Dollie B. Burwell /Henry Lancaster, Co-Chairs
Joint Warren Co./State PCB Working Group
May 12, 1999
.
We are very appreciative of the efforts of Mr. Dennis W. Retzlaff, Warren County Health Director
and member of the working group, to volunteer to update you on the group's activities. However,
there are a couple of items mentioned in his update that needs clarification and/or correction.
First, as to the one full-time and one half -time employee that are expected to be hired beginning
June 1, 1999, the half time employee will be housed at the office of the Warren Family Institute
since this will be a shared employee. We would like for the current employee (the secretary) and
the full -time employee to be housed in the same office building preferably in CP&L Building if
space is available.
Secondly, although activities such as the closed Municipal Landfill and the county trash
convenience sites are important community environmental issues, the role of the working group is
to continue its efforts to help obtain funding for detoxification; to serve as a liaison to the state; to
provide education and updates about the PCB Landfill issues; to lead a community involvement
campaign around the detoxification process as well as the future use of the landfill site; to help
develop plans and specifications for the detoxification of the landfill and future 'use and for the
selection of a contractor; and to determine the support and budgetary needs for the Citizens
Advisory Board.
Finally, the Working Group is currently being reconstituted and as with the initial formation of the
group, we have suggested to Secretary Wayne McDevitt, that he consider appointing members
from the following local interest groups: education, economic development, health care,
emergency management, environmental organization, elected county official or his/her designee,
civic community based groups, concerned county citizens, and citizens residing near the PCB
landfill. We do welcome any recommendations and/or ideas you may have on how we can get
people to attend meetings and stay engaged after they have been appointed.
Tha~ y~u for your support. I look forward to hearing from you, and encourage your direct
part1c1pat1on --when possible. .
cc: Kathy Lawrence, Warren Family Institute
Dennis W. Retzlaff, Health Director
Mike Kelly, NCDENR
• 12 pagt'41: ,f\me l~ re~ponsl' to M:n 26 invitatfon to 1o1en-·e on Cit{zens Advisory
IJ01ard for 1.d'oX:if'.'-·ing PCil l.andt'ill
• 7 flafes: Jhh 1'-'~r-rcn's Occ~mher 11. 1 Q•H~ annl;r·~i~ of PCB W0Hdn1; Croup
Prr~11
Hate: .h1ac I 5.1999
To: Wayne Mill)ev11t
MEMORANDLl!\I
Sct.~ret..<try. Nt)rth Camlin:;1 Dcpt1rtrncnr nt' Fnvironm;:!:t anJ Natural l{~,nrrccs
Fntm: Ken Fetruccio ~.,,,.:f7aULCM°"
Sohjed~ R:e,pon!lt t~ Ma'.\' 26 Jiu,itatinn to scrn· 1h voting memher ora pt·or,011t!>d
Cffb-erw, ~miltinry ~cJ,trd for dtfodfying PCH '11ndtilf
lot»;
Th:-mlc you forrottr May 26 letter inviting me to ~~r-.e ;!S :: ,:oti11g rn~mbcr Dtl the
pti!)posed Citi.~oi'I Advisory 0tYMd.
I am or,e-n t1, Ire'\" lckas .. ne\1.' fr1mn1!a~. nn, fr::nnt:wnrk, ! ;un 111x·n t1., r~-cvuJuating all
N"1tmtk-(Ip,;~ tf' r~~olw rrohlems rc-rt~1i11ing i,, the PCH L.mJlill. I would be happytl>
v.-ork with ynn and ull concerned., b11t 1wt within ,vorkin;! ►,!Jour t:"r citizens ~Vi.'iory
fi<)ttrd stntcturd ~cau:i;e They are mech:)nism:,: ti,r :.t:.1.tc :1d foderal control of
,ied'tionc.mnkrn-g . I 11111-;r sny r Hnd iT inr11mratibk v:ith ,n~ '.'il".v nf e1n1roruncntnl jw;ticl:
thnt partiec; rciyfl"ln"liHe for rnvironmenta! rrohbm. ,lfid '.tho profit from their
cnminuam:e. cfl1w-se mernht•r-: and modeh 1t1r :1Jleyed!:· r-cn1,:1\·1ng rhe inJu1tkei::
\ m~w deci~1nn:Cmi:lkin~ prn<:e'>~ I~ nc('cfr·d for rc--;n!-. ing rh,: prc.hlcrn ln:rnusc tl1l'. citi/.1.:'li s
.1dviimrv hoanl ~memr~ is a Hmctinn pf FP:\ · ,. 'Jal icin;1 f f · ,:..-fr,_,nmerunl Ju:ri:i<.:c AJvisorv
t (11tm::il (NEJt\C'l. r-rnd EPA ic;; n princiral rt.'"Np,msib!e r :ll~·. I11e ·working Gruup wa.,;; ti -
'rtnte nnd fodcr:\tly ecmtrnlled decision~making rrnces:..: Tr,c Citih•ns·Aavisoty ilt)ard
w~ro!d be the ,atnc. Nnthing ahnut the pmces~. ~"nidd rh;iMc The -;tnte and fode:tttl
g.ovemmem ,vi,btd C<'>ntmuc tc• contrn! the 1kci'\inn~mal-: in~ pnin:"s through their state
{'.P-"chnlr mrd ththugh their NFf l\C aftili,,ti'd h,u il ..:r>-t h:"Jir :md hy appointing tht: vmin:g
rn~~Y'"l. 1un:f ~OfftinU'f' to kt>~p unfettered, ~t-dsk lot":tf dthcr1 stakthi>hteM a
mmm-fty '\'t'«"('; wfflr tto chaD«'.t' 'of hecoming the maj11rit1 !. 1nfettcred, af-6sk li>cal
c-hi:ttn m'tkehMtH.~ nre unaffllhtted with hu.·al. st.are. nr fl.>dcrnl go,·crnftit:ntal
in~N, wfft'I tiff ittterc,t, of principal tc'l{H1t1sihte partie~ (Ir with Jhtrfisan potitks
:.t th•~. ~ t:tr nation,d ff.'Vtl. The r,cr.wn'>l irnd fl!'"1)f't"'rlir~ of unfettered. at-risk
tom riifl:ielll ,ttiffttitw,..tden arc directly 2H ri:iik.
ffowevet it ~ ~;,e:efy the 1n•fettcre-d, at ~rid, Jot·af l'ith:L·n 1takeholffeN who shouW
h~ the ni'.l!t_fririt:V to they can, with thr advit:1..· nf indept·ndenr ~cientiMs, en-.tirr their ~qu.sl
rrn1~on. tmder the-l::,w For !hey lmvt-nn inte-rest in dr1g~ing the problem our from
decade f(l decadt tn prmeet Oovt-mor Jim I !uni, t.he s:tar.c. FP ,\, and Fort Bragg anJ in
,~ovM"ing-up n Mle·d landfill. T'hi;.,y \.vant i,., r,:.,-.,,1\,,,'. r.lw prnhl..,,n :ii, q11iddr Hnd r•.-~r-m~{f:,f:•
as poMibte thrtTt!gh u tnily demodmtic process.
It t~ a furrrhn~tru principle nf environmental justicL' th:u pi:<ipk placed
rli~1't'lpm1i~mi~·Jy ilt ri~k l'lhnuld ·have ,~pedal c;f;1nding in ,'.tll ri:,k-monngcmcm dccisiobs
ro c-n!iure equatiprott:'l..~tion undertht• la\\ of tlwir per',L"ll1'i an(.l propt:rtii:s Not all
st.lkefto~ are equal. Thnse ,vho~c li'\•ef: and l:in.:fa ,m: diri;•ctly and di!-propoiilNtately
imr.nctt3/d hy ri~•mormicment deci~icm<: ore !hr: ~no•:! irnrort:m! stakeh,)ldc:rs. must he
c·eh1l'l!t ro r+~k-m1mf½grment dcriions nnd 11rns1 free! _1.· ,·oment. or freely not ce1nsent, t~ al I
rhk-managemcmt (kch1ions with the ad\'ie~ of indep~nd~rn scirntists.
Howffvt-r, the-Nl:.l.·\C model preempts thf democratic dcci•:inn making pn)Cc~s for
nrr1Wtetrd.. Jrt thk foul ciriLCfl i':tnkeboldrrs IP L"nq1rP th~• lucrative pL1rpet11mion of fh ;:
rrnhf<em mid nvbid11nc~ nf n pcrmanent '.;0!1ttinn ;n ~-... ch;mge for triddc-dnvm h:nctits to
Nf.JAC end its,t-nvironmental justice affiliates.
The deci~iorH~king; proccc;s 1,ftne NF .. 1.'\C model i:-: nrir J. function of the distinctiori
hcrween dfrecftimk citizen ~takeholdcr-, and all other !it:di"holden1. '\\'hy. f.-.r
example. ~hnutd fhe votes nf -itate cnvirnnmemit!ists li\'ing many miles from the: landfill
hm·e the !';Umc -..-~t as rhc-votes 0fth1,Rc v.·hnsc r¢r~•\nR :md prnpenits :ire ,mmedi:lidy
r-md dlrectty M rlf;k hecause pf tht!ir rn)xiniity in th1~ l:mdfitl'> And wh)'itht>uld thr-.Me
with tntrr~h rd1itrd to principal rl"!1!pOn11ihk partit'r.:: he gh·,·n ,&n)' ~,otc at ~•JI'?
-\ti ,tskt'frotdcn srr. not cqu11I btcau~c ~omc ~tnkehotden ne not et rt~k. Tb(·rrfol"t,
nnt aft vt:>tel drnutd hin·e the ,ame wei);?;ht in the dt><'t~ion ~tnnkinR proc-es~.
Ratked hy stnte< nnd federal g<wt>rnrn.itnt (NEJ:\C l. thr.~ ,'◄1 •1.·hnir:; of the working groups
and dti?.en~ :.,rlvisory hoo.rds have ~,wer f0 usmp de1:iv.i nn -niaking to them3elves 1H 1:h:
,~xc!usi(rt't of th(!' memb~rshir nm:f e,cclude nurhenf ic cornn,unit:,. invnlvemem from the
rroctffll when eeonomicc1.lfy and politicnlly ildvr1ntape(~11-: tn th~• princip,,I re-~pm1sihle
rnrti~. f't 1$ not°'cnndur.ivc 10 NT::JAC control fnr an unfrttf'red, JU-risk Joni dtb:"1
'ltldc.~ffl!tt-r ro hccupf ::i co-d1t1it poc:itinn in the "lF I!\<' mndd nr for a:n tinfettrred, at-•
rm< ffl't.-.tdti1ii!il 'llt1tkehofde-r to occup)' ~1 key kadrr~hir prn;ition to represent tht:
intt"reSt, c-fh,ctd citin:ns. The ~11pum1ihility of thr unfettered. at•risk local cftf7:t'n
~tot.fw;td\-r fi'dr ro..-clmir or tnitt'Nhip po~ition i11 to rr~oh·e the problem through ·a
d.,.iwffl~ ~ht1't-fflaldng r~r-~"" hesl'·dt, ~·<>ightr.d tO"l'l'nrd nt~ri~k l~a.J ctdzen
~tfl'keliuf.dtff'~ dd tn ~n~urc ttf•t lndrpendcnt 111dcnthrt~ :tnd indcpenden~ o,·trdght
prtvidt fftroulfuut the-entin ptoct~iii. l 1nfettered, at--ri~k local cttf7.en ~takohold~~
m1111t'be tttttwi tn deci~ton~maltng if lorsl intt~rc~d~ are to ptt,·.aU.
· The Economtq of Revcn-t Envfronmeutal tutjsro·
Tht-PCB Working frrnup/Citize1-is' Advisnry Board in Wam-n County is simply a
fonction 0fthc ~dem!ly instir..r.iortnli7:cd environmental _iu~ict'.' t:ommunity. c:tntr.llizi:-d,
Page J
cn1:it'dinated i,nd fbi:u~d through NEJAC. The NFJ.,\C nexus has predicated its funding,
and hence it~ ft'ason to be, on environmental racic;m.
It i~ the'retbft. ft, the ecNH)rnic advantage of the ~EJA( ?1e x1b to link environmental
pl'('tb-te-rns tn ~~•'t~tltnent31 racism ;'l'l n rntii1nali:-f~)r ju-;1 i f'yin g minority corttrol of ;1lleged
lihenttfun mt":cl.'lani~ms ~t1ch M ,vnrking f!rollf)S and 1.'!ti1,,;ns ac.h'i~:ory l)(,an.h;, Tim,ugh
mhiorii'y conm;t 6f these mechnni~ms. r,"Hute rs :m~ pmlcr:tcd anJ environrtR"llllll
prim~ ~Jated in exdnmgc for trick.k-.Jnwn ect:nomic and politic.el h,mefirs tn
minority lem.~. tcY minority communitie,;. and 1n NEJ \C a.nd its juMite affiliate:,
comprising th1fNEJAC ne:<us,
The NltJ.l\{' ntfl'det engage'\ Inc~! citi7c>n<: --n,·11 in ~1 ~i:•mmon t nt(;;rpti:,e otshared gtlal.s
tP ~otv~ fk)llut#m-prohlcrn~, hut in ,1 pern,:rncnr irreccir...:il:1bk cc;nkSl of c~:inflicting
gmtl~~ a cnnfl-ici IT{lm whirh money nnd jnh~ :ire gent'f:.il::-<.1 fn:1m whh:h con:iiittu::ncies an.:
'1tril1' fot Nf;J."t-aftHiated rninori:'ry c0-drnirs nnd rninnrity politit:ians,"' c1.mffo.:t from
which 9til"J'(1r! fnf minority polhical r:m~li da te:; i.1s wnn . .:i cnnflid from which L'Wrythi".ng
~df-intere~tt-Lfl1 ,nmginahle ig gener::ned h11t a <;1,lurion ;;1 the problem .. funding for l'Cfl
o!ltcei-. min(trify !'ledctaries, minoriry sc..'.i1:mis1 ". cilL~e~..: :idvisory council~1 coordinators.
dt"f'Clxifkatkm ttpproj'rnations. fi.)r ect)oom12 industrial tk•.t>lopu1r.::11t. etc.
Since: NEJA("'~ c<.:•onomic im:~nti-ve wn11!;J sec:m 10 he n:,r tr, tnmnc:ipa1¢ Lnrgct~d and
sacrificed' Ct.11'1'1-rinril,tk~ frnrn rollurinn <:011n:·e~: hut a lww-·:; 10 SC:\~nt I() N.' in the pro <.:f!'S~ of
t"ninncipatin!{, tht"m in 0rdc:r to g~neratt' fn.,m them in pL"rp~hrity t.he tr-iGkle--~hH.rn politka!
·1rid ~nn0mk ttem::fit!;, unfettered, It-risk lot·al dti7t'n 11tskehol£fci-s ~•isfiing simpl y t,,
re-,.,.,f~"the'cris4~ as quickly :1nd ag re'.'-pnn,ihl\ l)S: p.-,si:;i ~l•: w i:n~tire tht pnilex:tion of ·
pr:r:<.mr~ and f)rlipertiefi are mnrgitmli'7et.l und kl~r1 a niin,,riry voic~: thtough the: f)olitics of
revrne em-itt,,!!nffltM r.icism. through rroccdm;1 I rr1t.•d-:;ini<;ms of reverse dfai.~rimiO.'.ltion.
fn faet; 'the ~Wk1 C\f reverse-tnvir1:inment.al racism ha.•; hecnmc so lm:rativ~ for the .
en~b.J J,tt~tke community hi~: inconceivnhlt• th:11 ju!-tiu: leaden wdutd ('Ver want
tn i."ndit hy rtcntetty freeing the targeted a~d sacri fin.·d c,~mmunities tlm-;ugh which th~
economy ofre~ environmental mcism is gcm:nned.
Why tlffl the c:,r•fi· ~Ol" contamittstin« the.· country~hJP wh~n you can !iClt the
NJntiarin11W'ted ~ frnm decmfe to dt('ttdt>, :md e\.'cn in,·oh'c the l'tctfmt in fund-
r,d~i~;tffl,~~ tff 'treey, the cow afh'e. perpctnaring thdr enslin'cd victi~atlon. wlth
or "wfMIWmf.,.,... h"WledjZe, to promote Nf:.tAC 11nd its wfflliateiJ? Ffow'enr. the
t~~ Mminmk bc.nrfit~ art paltry· in compari~on to the ii.dual io~t orth"
(lf,ffulto,t1t"-Wfems. 'l""'or nampft. Wnrrt>n County'<i pnYl"i1)' rate ha!t ne.11rty doubled
si~"th~ 1~1''ll5 ,ited. and· the po,·t'rt)' rate has ri~en to nc>-~rly 40 •/4,. Tht!
r,,Htics 1,F~ etrvironmt·ntol mci5m is use-d t.:, corHr,---1 grn~s-roor, environmental
cotJ'lfflttb:~.
Page. 4
So, the l>CB Working (iroup/Cltizem Ad\'i;;ory Huard hn~ ~l:n and wiJl continue le) be
dtf'C(.."ted t,~ the ~tnte and thlcrJ.t"'f:PA u"ing W:irr--:n ( \,unty's lo1;al partisan PAC and
state--1;mfe ;•iirtt~iH'OHts'· t:-nvironme-ntaJ jt1stii:c rcrresenr:.itive~ 10 ~:n.sure tfou unfettered.
at-ri!Jk hlt.f ~n ~takehotden rf:'m;1in :1 minority ,·,1kf vvith no hopt of freeing their
L'ornmimity tr0m th~ NF:JAC mlmeymnkcrs. from NE.IA.C's poli(.;ies of rc::ver~e
cnvimftmentl'lf 1~l'l1;.m fn Hw pnst 1;n-diuirs hav~ blPckcd i:ritkul infomrn.tion from the
pt1hlic ~r ph1m\ing a-pres!i crmfc-rente. tht:n nor -.ho win~ up. fill.: loc..:al ~cH:;hnir lLlk:r
::lf1;.l11ii1g thnt ;he-pre~ confen.-nct tvas mci::t hccau:;(' the~ were not them. Sh¢ ha~ blo(;kcJ
the' fll•w l>f infhrmRticm to the pt1hl ii: :md thr~:.tlened to 1 lrn,m, the entir~ detoxification
pmct,!11 if Utifttt(Ll'1'{f, at~risk l()col dti:,l'n ,;t2•lic-holdef"( called ;1 m~ti11fl; i11 a bbck
church to hrief'fh◊Q<.~ most at 1isk. She can1cclled ,1 meeting with l.: S. EPA bcL·aust.: one
rno m11ny Wl""'tterrt f1tr0pcans would have hatl ::i placr:' ;11 thr.: tabk. Mort recently. ,.1Jtl1Jugh
tw·n unttften.-<l·. ttt~fr,k citizens have been highly in\nh•,_:d with tht: PCB prchlcrn since
Dttern:her l '1?$, only one of them i<i bdng invited IP be J rnumhcr. '11,is is srntc and
frderat e-r,nt'rl,1· *hmt.q;h the N EJAC rn,-..-kf 1,f un fetterrrl, at~risk loc~I citizen
"t11kehtdd~l"'!t, C.('!fttrol of1hcir l~tTort::: tp fr·..:c:: th<:it' C('on,nmity. l\hny, mqn_\' csttmpld
h.-ve been d1:tetn1ff'nleJ.
t'':«hfug•Mjkht:f Pn~re~s :r,f rcn w nrkt~~ (. roup :1nd Citi;!t!D!J Advison· 8011 t d ·.r oq_trolled hy !Stste/Ft>d~r211Jy Fttft.'l""NI Co-Chajlj
Tho~t" in the key leadcnhip po~;iti<ins. the ~·o-ch;:iirs. cannot be ·,aid to represt:nt the
intr.res~ of the-t:itizt;•ns of Wam~ ('0unty. t,u1 rnthcr thr vested imen·sts of the principal
n•~thle pmre:<i The rtttered/nnfettcretl, M-risk lot•~I l--itiun "t1i1keholdcr
rtidmciftienl ~ rlllhtructurtt and ha11 not 11tru~tun~d decil!ion-rnakh1g. One i.;o-chair
nfthe PCB Wotic:rng Group. Hertry Lanca;;c~'r, has been a sr.ate official, and can by no
<stretch-ofthr, i~n.gina-tion he said tn repre~:t.>m !ocnl dtizcn se1keholders.
The c,ther PC'S Work'.ing Gnmp co-chair Dol!k Burw1~!L \;~'nrks fiff U.S. Co:ngresswomru,
Fva Cfuytou. t,¼an l".'PA (whkfl 11 a prinnpal n·!'lpnn"ihlc party) NF,JAC affiliat~. •
funntr W'sffft' r.n-nttty regbter of dt"e«k ii. al!egfdl)· aUempting to rehtiHJ n lost
rCB ~tftrtrilt~\ ,Ind 1, aeth·e in pt1rti'2m party r,otiti(~'\. Her political and
t-em~ ht~ 1i!II we-II a!II her influen1..'t' in the <"n,·ironrnent11f cou1manity ~rc:-
tintte,I· ft) ·Vfttt!CI· tfrtett5t8 of principal rcspondhle panit>S.
It i~ ttue-f)olJte'\iv~ near th<! landfill. hw as a fettered dakehotdcr she represents not
(mfy Mr own l("it-al' erlvirnnmt"mtal intere::;h hut al.so governmental in1c-rests incompatiblt
with her loctd f':'f'tvwAmnental intetest<1 and irH:ompatihlc ,.vilh thl' L"nvimnmf!nml inter~.4tc.:
(,fu~tte,Pd, !H·-tid, mc:11 dth:tu '.llfakeholdeN. a co11fftt-t ·quitc undorstandablf' ·
httstrlft' ~hr ('11Jrffllin a group f'ff cottflkting intered, .. TI1 Is is not to suggest thm t,hc
Page 5
c;ifh:,utd TI'C\'f'l,,dnvr,lvcd in a key 'Jeadcrshir p0sitiM. Many nf her inhercni qualities anJ
ea~flttes d~tlffe dut 11he ~l'tottld M. Rut, tts a !ltalu·hocfder fettere,1 fo tht' federal
~ftt·etit~ Ind tw> par1i!lart party polirlcs, ~ht hH m~dt of tf,e ru·uceff not a
rondiit•Wftiiptis• ii"tvolvhri; ,.,~, citizens ~nd gos-n~mnteut~ but n pemusneot
i~W~t of conft~inl! inten~t'-and goill!-1, ·
f'Jhttte~~ 11.nd ~:'~ (:".l{clmicm 6f the democrnti1.: prot:ess ru,J of rundamerita.1 principks
<'.l'f elTvfro~ ju~tice are afk-gtd in a De ce-rnher 11. 1998 memo to l)qlfic from state
mv~ritaffst Jim Warren, PCB Working Group rnc:-m!:x~r and ~xecutivt! directt.,r of
N('. WA1'N ; Wa:m:-n-fo.::; annly"li~ 11fDollie's and Henry's rx.:rformanccs as co--chairs ofth~
PCB'Wl'Yrlthtg-tirouv. ~upple-mehted with rhi s hrnadc:r ..:inalysis of the erivironmental
jtm:ite e~ity!~ paradigm f6t economic and politknl control ofta.rgeted and
s~ cc~iti~s at the e,cptnst►. nfthdr fr eedom from pollution sources (with
mttl-·fhrt!:'f1pf'ri-tfflg·doct:rmentaticYn' forthcoming). :)re documents from which to r:xtrapt>lt1lt:
ll strdng:md~sive rnsc to tht Envirc:,nme-ntal R~v1e'7,· Commissioi1 and to ,>ther ~te
legishttbt"!'l{f)·iim wmu has het.-rl ~nd will continue k 1 he a permanent and frrewncilable
cctnt~·<'.lfcditlft'cting: goals and ~cn:sts hJs n-:i:hrr th!.' integrity nor the credibility ti:,:
rt"'!ro~ffie'f>'Cf.t h!ndfill crisi'.•rsrtd (2) that a nc:•w dccisi1in-n1aking mechnnfam, and n~w
ii-!lm~ arttfforrhUlll need t0 he drafted and implemented if tilt.tire fuhdihg for
re,ol,linifthil'tH problem j., to ~c fon:h n m1irig und if rnitlions more are not tcJ be Wa$lt!d
11,;inithe-Ifl/Jr.JltC rnodel to ttToid kgal rt'"Sfxmsibility fi,r cJetoxifkation.
· 11re t~ dtlritsi:,ntvtCrcidfbifln·: PCB Detoxif'"J.Cati.oo .'\,pproprittfop Botsell o~
lb,,lt/f:n Promf9~f() Emironml"ntal Review Commh1sibn ·
The r~ ~':\ftfre'hite~"nt)' and <.'Te<.fi'hility of tht pr()C(~SS (rnany ("'GHnpks bf \,1/hich nre '
d<~-orrfilm}rnust bt• trltriliute-d al,;() t0 tlw duplicity the statc-u~ed 6:) secure the
,,cn:~rtiprildlt:m frorn tht: k'gHhuure. ft \Vil I be recalkd that mcmbcrn oft.he .
F.ttvffunrriet•rrat~'R~d~· Commis~l<)n were und er""t~.1mlithly roncerned abmit the high :!4
mfl'Him tMflt1rrHce tng for detoxtf.icatlnn. and while they ,:oked :.i commi~cnt to the .·
pro_~. ffrtly 'tnitt valid concem'.4; that a gre:if deal of money would he wasted on the ,
rrojeet. ~ing th the conct+n of Senator Cndnme th::it tht.> mone;i for_thc project
rnmhfhti ~; and the proh.lerh left unrc!stllVt·d. the stati~'s PCB WM1dng Ornup cu-
ch~r:Hem:, Ldcater stated the fbllowin!.!'. .. .: ·. '-' .
~C'fflltor, whar we hiive donr i,. I think. unique in these drcufnsstances. Wr:
flffl!d tim scierrtt~·t() work \vit.h t.hi:3 Wnrkiri~ Group to\fu the atulysi~
Hn ttt;1;m,d thC11 ntrr folks analvzed their analvsis. We int~ad· to cinrtinue
· tt, h'ft' thr ,ti~nct' am•i!lrM ~n hoard in :u ;llpadt)• to an~zc anct
lteep •• on ~Jn this prece11~.
HrAA~_'.ttrpdfntoffact, the de-th1tcificgrinn exrert\: contr:1ct ended in Fc_l'\rt.xary 19<:JR .'.Tn
May '~Ut~ ~te hired h1m f('ir 1CT)c day only :<O he could uttend the E1{C prcscntntioo to .
hrFp eonvtnce ~~gjslators to apprqffeiate detoxificution fundfng.
ft is ~'"''1.fU11el~. ft)t)f)_ and the'it\dcpenck·n1 cltl(Y'(iticati()n expert has yt..1 t(1 he involted
tri o~sftt; ~en tMugh rh<!' ~trite ha~ enmpl~tt-d Pha;i~ 2 ufrhe project und is begin.rung
Ph-ttse l. The gmte(the prinL'tpal ·re~ponsihle-pnriy thf11 w<l'1 to h:ive bcc.-m :i function of
i~ ~~nightthrough<lot th~ rrncess, in~te3d win decide u:htj:l (ife·ver)
o~glrt will~ lnvofvt.-d. .
. ,
lf;,Nl~rtd'. a#Hsk foc.·al citin~ ;1'titkeholder.ii must ,b:ide with input U'Otl1 an ..
fnd~hffl' &ffu1tt'kstfon etrtf'rt when inderx:nderH nversight i~ to be uscd. TI)e:rc ·
would seem 'tribe room for Ct~prnmi~e lo thi~ (~\knc lckally, the decision would be:
hirned ordrtpttfTmtn fli0th the inde,iendent dctoxi ticmi<ln C'\:'.ptn and a state l'tdentist, bht
the t'fmtl 8ecis1f.tn wotitd ht· tah~'hy unfctten'.d. at-rf~k loc:rl cit·izen dakihorder~, dr
co'nf1kt·wrntttfbcr;ur for quite uriderstandnhle rc,1,.-;om:. Silrne ri:asons just.i1}lng the need
(c,r i~~ ovmight as a ftinetion of the dec i~ions: nfunfcttert.-d/at~M!iik focal .
cittda ~n · are as t'h lt dws :
( n '1f'ttlr6.m'titl~rid~nt ovtr,clght. there can l-,1_> n.) ,Fc.Ura..,c(' that th~ s~~ \.Vil! not ~oli:
<l('l'liree eonrrttt..itk10 dnvt the prk-e of detoxificati11n Ufl. or through sole'!()ttfring ensurr
tfiat ~detnxi'rtoMfort cost rt•m~inr. m Je3sf ar :.!4 mill11,t1 di)llars, high enough to .
,iii0~,,~ .·1.-,,,l:~1.,...:,..,.. o -.,A· •-"-,,_;.~ ....... ,_ .. ,., .. -•
and wm not~ htde~ndent ovmight thn"lughnut the: ~ntin: process. It's riot about
jn,tice; ft•~ mit abnttt detoxification: it~ ahout money. pn\ver. and rnntml.
t\ppepn1nce v~. 1-leal:lry
Through the <!late\~ acting crH:-h:tir.r. the c;tme ha:~ heen ;:i~lr tn gi\'l' the puhUc and the
Cit~nerat /\~My the aprearancc thar the PCB tkto'<HitMio-n pr0ject is mqving tor.vard
whik, ~ rc■Jfty, tfrc $trtte is spe11dlng. ha.-s srent. and \'l•i!I ccmrimrc to ,.;pend. rrlillions c,f
dt~M tb de!rty ttrnf cover ur its foikd PCH/dio~in 1:rndfill ru,-d to :-tall the d~tox!fkation
project until (J1:Wem0r fon Hum 1~ nut ()f nftice. and to 11ltim~m:-ly avoid dcfo:1tifk3tion
alrogether.
'f fl rri#f's 11te. it*~ nnt about jmttfct·; it's :lhout c.-i:>nt~lbing ~cnnomic 111nd'politkal
cnnffi:lt·nf mimtrlty communities through thl' ~F..JAC m,HJel. lt't ubouf-the st.th:
and ~r,d·~nnneflt (indudrbt vec;t<'d interest~) pCltltknlty an.d eenpomk~lly
pmffflrig-t,y tmlttmg do1'·n henefit!II to NF.J .. \f' umJ it~ envfrnnmental ju~ticc
11fflt~ to kf't'!J' p.-.6-r bfnck ltnd minority communhies frum cma.ndpafing
fhfln~~ ~ tnvtronm~ntal inju~tir.r. h's ubont the eeonomics and the pontks of
rn'f'ne-·'e11virett!Tffntaf r:111ci!im. Th~ goat of th,, "IF..JAC Juilifk(,· Nc:n)s l\f(Hlcl is C11 put
i~ " Its~ hi-. msny pots a~ J)Ossihfe."
Proc:eu,!s Gre3t s Th.reat tt.!I Landfill
Thr at;~vt-an~h f't.9~ led nerc.,sarih· to the condusion that rhe NE..JAC m,,dt•I is
not trr ti~ fflf kre,it of \'\1arrrn Co;mty. This modd i~ tu g~at a fh:rett to the
pnntiif:nftrirffi~ frttdom, dem~kr;u .. :·, and ju'lti4.~c ai. ~ht• t~ndfilf i~ tt> thti puhHc
hcttttft. Under fftt prncnt conditions. it is as imru>rtant t·o dismi~. tfte Nt.JAC model
a.l~r am:f to T''1t1rn rhe PCB dttoxifkation approprhation to thi! legidarure as it
is tu ch?~ tbr fwndffll and return it tn em'irnnmenra! conditions pre,i~fiing IJrfor
to its•.
Nc.-w Nqothrtion Fnuncwork Necd~tl
In addtttnn t<, l'T new-dcdsinn~making prncess. iJ ne•w O(~gotiaticm ti-:tmcwori· frir
re~otving tire pnftt,fcm is needed hec~use j1:stice nnd recC1ndli:ition throttgh Base
rcrtalytM Decrit,,pi'"1!ITTion (13CO), or thrn11r.h any other rlct.nxifkation technology
requ±nnt exc"?'f\~ffll. fa not even remotely prob!3hle, not only because these technologies
(;Orne w11h a ,·ery mgh pnce tag but hec!lu~t.> excavation rcchnofngic!i wcmld :reveal the
landfll.'I~~ C(f(Jf.ttf!lt~ and condition, :m exposure incnmpatihk with thf' intl'!!re~ of r,rincipal
:-e~nsibte {'81"tfes controlling the process. It is as important to expose th~innm-reslity
offfie'~•i!llfcfft'dt-nlty cotttrnlted PCR Working Group and f"'lt~n!'! Ad,·t1mry
Board iftd't •~ i ?dtf~nal en,in,amentffl juflier mod~I. hnt ,~ a nBtion1rJ1nodcl for
rt"'t!r,e-envfronmffl't~I rad!llm ·tdld m·e~e di~crimination tn ~conontltufty and
poUtfcafty c:mtftol unftnert-d . .ar .. ri:iik lo<".tf dti:ren ,takch()fden) 11)1 it I, tb ;'.".p'l:-;c die
landftff"s eon·ieefS and condition.
'
Page 8
Cortdu!fim! Based on Re-evaluation,
I h8''tnr,t 'rte11cl\tld'theabove concf\1.sions -,ub_icr..:rively and arbitrarily, hut through a
r1tm~. er,,np~nsive. and frt-depth re-evnl11ation nf the timdamerrttll Premises oh
whfch I ~~t-C!lvironmenml justice m(rvements of l ')~1/)0 here in '°"'a~n CotultY, I
hnve-at~ f"ottnrllff r'ie-cc~'.'lary to n.~evaluatt-the ideol0gical and historical pe-r,pcctives ·
infbrm.frtgtht-?i\Tiona.le and five-1;oint framcwor~ ~ubrnirted to former Se-crt.itary c,f
Df':.'Nlt (ffr~h n~mR) Jonathan 1{ Howes in l\ fay 1991 t<)r n~solving the PCB/dio:...in .
landfffl j'n'6h~ furthermore, l Have found it rn:·ct:!,sary l<l reasscs~ (t) the ttieory of ·
envlrt,rnti~h;lrildm-n·. an ideolbgy tip<m whi(h the instituHonafo:ation of cn:Viron:mentdl
jumce ttlk beert 1~ly based, ('.2} the studies thar allegedly validate the theory of ·
•.~nvi~bit ffd~~ (J) the studfes that alleged!v refute the U1t~MY of cnvi'tornrt~ntal ·
rncmn, f4Jttre-nire o-fth-e theMy ~f'envirnnmenral mci~111 as a ratiomde for
iM#ttlti6nati?iht envrrnnme-ntal ji1~rice, and (5) the extern )(, which the .
ins~zrirmn of cnvironmentnl justice has hcilitatr'.t!. M impeded tht! pt<)gress n(
grnss-ro<Yt.~ femfers S1n1ggling t<~ fttie targeted and .,ocrifk.ed communities fr6m ·.
r:n'-.;;rornr,1:.,-rttaf'i\ijostir..""C!'s. espeda;Ty here in W:m-t'n Cmmty . 1'hese ~a.'19essm.ents Me still
in pro~~-Myi..-cxperknce as co-.(!hair of the \V,.,r!..:ing Cin1up (I 9~3N4 thmbgh 19%)'
ar.dmy ~Pf'l'ietic&$ ~ince then have also impelled me t~1 11ndect!ikt· ttu.•~ re--evufu:mions. I
h;,i_ve tri~ ft, be'ft.dt tn this nnaJysis to all parties (;t)ncerned _ ·
l wnufd fi\:ie to •foggest to thos,~ ,.,.·ho would de,:un-;m1,~r rhic; anafysh for tacioJ bfri.s (the:
usi.mJ ~oml":~ politically incmttct critiq\Jes c1f minority li:-adcrc:hip) thnt they lc1ok at
the mas: Nm~ :myths, not the-t~gends and anecdote-~, tint the stories, not the namttiv~
rind'mcttPTill~ nom,ensc ~otl environmrnwli;;t" and µcwcrnment affkiaf~ use tn ·
rc-.,itite fttsfflfym stipl!"·Jrt of institi.rlfonal and idcnlogica! meth.anisms for cotrtrolfing and
assrmllirttngtb ~ sts.tus quo the thought and behnviN of gr:.us-roots leadt~; hut the
fa.ct-:! •• the ~ttiM1ritn. unnlter!lhlc ~ict~. the fact~ thar remain ctmstant 'fi-nrn experience t6
t~.,petience~ 'fn,,m documented 5m~e to documer.ted source ft's time tn foot at the fuds
from \j,t;,fefz-to cf,p,w wme cnnch1sirons, rather than wa~ting timt-decon.~tri.tctmg thi~ ·
amtfysis "rn ~y construct mtri'e lies. more !e~end"!:L rntm:' myth~ and' stdries-And as
we foctk 111 •th~ ffil'tis, we should dd ~1.) comp~L'-~ionately. n·ali:,;ing the comr,te.1tity of th<~ ··
analysis i~ mich;a~ to ·warrant .i ~us-pension of judgment cnncerrting such question'!-. as _
intent and tn-citivt This i~ not a c~pirncy theory I 'n1 Ju st trying to find my way and ,
maile ~-<lf' ifaU.
l)~~lpg Envirnnnu~ptal Jffli~
':, l n~tcad d1' dh•,~~ti:Jethlg th~ t'lrt-1tyiis, why nnt in<:f~nd d-ern~tinlc,~i.7.e erlvirtmme'ntal '
:i11srice and returl.l rt to the lihcr:!!'t~ methodc,lngy it was hcfotc it hecame !l fuderatly
in1<tttutfr.m(lft7.echnon~ymaking td~logy of reve~e envirminiental racism fot ec,\nomic•
Page 9
-~nd piotttrcnl cntimil of minority c.ommunitics thrnu µh tlr1: NF.L·\C model'? \'Vl-i> not rclurn
1..'nvimnmemnJ Ju~tire to what it was Prigirw.lly -:1 pc,\.rcrfol instrumcnr for imcial <.:bang0,
ii p.(,werfitl lihcr1tt.i1.--n methodology for all pt.~ork . places and tinit·s. for all races, colo,s.
chtsscis. and c~s?
VVe mtYf' ~ flip 1miver!iality of our dernncratk prin,~if)h.-s. We hafe introduced
Jlrr,f'.,nd'fy ,~:rhfflot tt"p'SMtti:itt trrnd~ undcrminin~ thl· lJUe-st for derhocrntic
•~~,-&w~ fflf (""t)tnpletene!ll'1, fTJr ~·holcnt·<1«. Only hy emancipating ourselves frofu
the •er,11f"'llff11j'f M'f-61og,\' of rt'w~r.n• racism llnd r<'w~c dlit1.~rhninlltion c1U1 we bcgi~ to
ftopt-ft) t.mafft'fp?ttt tht' C'iti7.t'n"f hf Warren County from tht: l:mdfilt •nd '°oumclpide
tht-tl'I g~fed lffld ncrffked <"ommunities throu~hout the .~ti,te and u11tian from
"ou~ of'f)'("fhrtittn thr~:atenlnt·their nist!'nt'.t', hf~ not thtit the modf'I w.As not
)l'f'rh• dN~et't,rith good tntf'Dtiom:. The is,uc.' 1.-t nM ~-l much tht intentiom, hut
wh-en fh~ ftttr!tthm~ h11vt' led m and wh:rt need~ rn ht tfone to work togt'the r as a
county. mte. •d aatfon.
Anah·sb nut Moth atcd b,, Racism
! fully ~ect h"'I' he charged with racism hecau s.:• nf thi'.l critjque. I l,iwe-.'e-r. puhlic
d<"<:um-e:rrt.ath)i, -~mtlr! -rtrongl_y <iugge•:t th~ir where I !in· hm:v f li ve and \:Vfuit) hav,~ sioo<l
Corar,.d oontinUP. to <::land for do not retkcr a racial niotive. In foct_ I find myself in
r 0mfHet't !ttteemenf with hbck Harvard inte-!lect•d Cnrncll We,t 11,htn he cncnurng<.·s
rP!iti6i.f t~~S' to move from "the narrow fo1rnrw0rk nf racial rc::i.soning" wward the
"r~phetk fr.tmcwnrk' r,f morn I reasoning'· (Rag:_Matter.:i) My [>Oint 14' th1tt ,,·t· can
nl"verfr'tt the f~u·-grlrd nnd 'IDtrlflced minority COOl!lHHdries througb an
in"ltiti-tfmtfff!zttf hfonto~:y of ~,•el"'!t' cnvirnnm<'nt~,I mdinn profiting fr(m1 tbdr
enshriemeai.
Fu-t1h~ott-. TTtj-· :ren·ke-ro thi:<1 multiculmml C(\m munrr.y neg-an in Oeccmher l <178 when
I link~ {oo ,:;rate telcvi,;:,fon stations ~mf in nr"·.;:p:1r t~rs} the ~rate':. intention to s;ite a PfR
br.dfflt fri the ~or. mi,c:;tly hbck cnmnrnniry of:'\ fton with my ,·0mm1rment M nonviolent
civil dloohedtentc in the trndition-of Thon·:m. Ohandi. a:,d Kin~. This ',\':l!i the firm: ti!n~
in history 1hat mng a bndfill wm1 linked tn ch·il rights :md herween 1978 tuid t9!C! I
li nked !d1ing to!\ multirlicity ::md complr:xiry 1\f niuhidimensional and imerdi~ciplinary
cn t'e1'ffi and· i~~s nnd explained why the prnr<'";1l tn -;i11: a PCB landfill in A Hon could
n('1 rrieet cdteriit the puhlic had a right to e"<pcct. In l 91(~. f initiated rcsistam::"e to the
t)pe'Tlin:g ('l'ftht-h\rldfiH and waR nrre~-ted severs! times with hlnck civil-
right:o1 lemfor~ arid citizens who joined in the marches and ~prnt time i.n jail.
Ho,t fte,"fnr Envl'rnJ!mentsl Rad~m Hce:une lnstinitimuilfttrl
In f.>ttt'fflhr-r ~ f fonnulnted !In cnvironmrntal jirntk~ (draft) ~r2t1t tu·opo~3J for
, 'nttt'd Churdr of Chri!!t Comnitil!llon tor Raef11I Ju!ltice.
E't't'niJ"6f\irl'htft.'Mm n four-Jntt' rc.--tcarC'h effort smd <·n~ht~inrt~ I hnd rt-ached. J
artuftft,;r ffi·f..,eed tn instttudtmathc l'.'O\'inmrnental ju~ff-ct>,
IJAwn•er~ tbe ;fn:nt propo~af tftd not le:1d uttimstc!'y tn the-in~titutitinHftnidtm of ·
e-n\ri~itiftt~i:ff j'tt!tke. It led. irt~tcad. to rm·ironmrntal rtd~n,. to !'fit~ e,q,toliilg
nrf ~'ci!h ffi:tt the prop~:iho !lift' in Warren County rcpre,terrted a trend
deft'ftnfilfirf hf :'poor black and bfltcr rninorit~' rommunitf~ of the Soutfi -· namely,
tht sftlti.g· c;1''ft1t1~. huardou!l, and nuclear wa<1tc fadlitit1 in pnol" bfll:clt'and othet
mtnotfey" t"iil\TMhfflr~. J hypothe:d7.ed rhat hcc:nu~e nr the,c trrridl'l, pom-hr11ck1 nhd
mfuDl""fflr, Wt~ hem.g ,eg~ttd within dcn.~e pocket" of ntermfna'thtg ws~te
mlitff'l*'h dltd''~ grndoatty hut inevitably n :tcrmin1,1red.
I a~ tftat$!crimin~tnry and qegre~:ltional met·h11nf~ms for tjtfng •ere lmpfitit
in UA"'_il 'tt!'~tnry t'r21itwwnrlt"(r,rnl'e1lnn-" for wah'h,g dtin~ rtgtihttfhn~ ind ·
rhn-doiT: mff'ffiijpftlng dcci~f,ms from ~dcntifk fo politful c-ritena). tins ,·iotntiog
~·tiJl!t!..
I n~ ttfsti t'Nat discrimiriat~· mcchsnfsm, for ~iting ~ere impfidt in statr and
frderafw•tttlWfTtnagement latw, llrcemptina ch·il rhdJtit.
'frl rttmtr ·tt.t~1fftot'ection of the·en,ironmc:nt11I dviJ ri~htil of fargt,-ftd nh:d 'i:tcrifit~d
fofumtiftffte,•~ t ltrgttcd for centrtlb:in~, coorrlinllting and forusfng the~e COl1ttT.Qlt
thl"nugfi''11n fJIUffute for envirofftne-nt~I justice and ,wnt t'1e gnlnt tfl Rt11c.-rend •
\\'lfff'.iatri'l;~nd','Ch:atfu f.ee, hnd Or. llcn Cha,.•ii1. Dr. <'hn,.•,~ W:.l!I§ th~il with ffoitdf
Cfinttlfof <ltrfst ("'omrni~<iinn for Radal .Ju~tke. l hnd 1net all th"eic dtirlng the: ll)1'2
dcmo\:rrt1·sth,ri*. ·Le~ hltcr jofoed the Ur1itcd Church 11f ("1tri~t c,,mrlthlsiun fur
fbclWf~k"t{fftyd becsme the n,ational director ofthc itsnat.
J'tthMhtsi~ Tt.~ied:'f)iscrjminatun· Pattern1 nf Sitfni; A;ltmd
f'~g my ~'4tmrl,,ion of the grnnr. former Sc,,· ,Jrr~r-y (;owTnnr ,Jim Florio m,d
Wftlm'?ttu.nlNiy (who wa~ thetrin 19R2 a hl:,ck rongre~~ional d'efcptt:~nrl wm, iarl
fla;t'tirifllttd iwffie 6emon~tr.tttctn~) ,ponsore-d a !'itUdy which ted tr> a report by the
P.S. Oeti<"hd~mmnthi,i Office (.June 1, l')SJ). From tht!II rept>rl, sn 2lfege,f' p·mern
of dt~lrfinltNfiH ~-~tttng pattern! in the South wa~ e'.'ttrnpofated and 11tong wttb a ·
Jffl~•fif"i'tfnnnl Jlting putt~rn~ b~· United Churc-h of Christ C'o~t~~ion fn~
R}tdat ~fa!fflct''hitttime the rattmhdt< for ftderally ln~tttuthmaffzhtg ~t,..c-lttd
en~ironWtfttlfJrnttce. but wtridi, thnmgh the.-NF..fAC model. btt11m'r the
ins11rut'fotJttbHfftm of pror-rdnn1 mcl'hnni~ms for rl'''"n.tc ~n,·trnnmemat rnt!t~m •nd
rc+rri!rtrffl'ttt1fttfhtfon to c-ontrttt' rnr l'conomit and pottttcal purpom gras~~rnot~;
l~'lfd.-h\ttir~fr ~hn·nmic inc:-t"ntiv.-s. It i:11 <iignifi~11nt to nnte-, h"wevt-r~ fhar ·
humul'"T1t~1f ilf''r.t'A are fttltj;~dfy ~ur,pres~ing F.PA !ifud'fts rrf'ut1~g the'ffteO'ry' of'
t:'nVirt'nH,iettfah·acf~111, 11 thNiry1h•t ha~ hurt hoth Mm:fdi and whiteia.
Page 11
fhlent Govmmeot lnstitqtj@•Tl:lt'!I Rrvenc F.nyJrot!..,..mentat Racilnn.,ThrntJct, Tits
EPA NEJAC JlJSTJCE MODEL
TTt11 diStrimirtttory· and !.egregillfonal mec.·h1tni<tm11 throup which rom1'1unt~ m
targdm Mid ,uttntcc.1. sind thri;ugh which they rNnaht ~ir(·rificed ht ~l'")'W'1uity, ·
h~ve b«t)blt-~cedur:ll mechaithtm!'I of re,·er,e t·n,,ir-onmentt1I nui~mlnnd '"'~ri-t~ . . .
discnml.n~ffo~ hn1,.fcrnented t'fli"out?h th<' NF.JA(' .Jn~tkt• l\lfodtt.f to contTnl
unfeti:~r:d, ~t~iidt lb'--al citizcn ';icth.ri.sts fightln~ for t·m·tnJnmentsl jndkr nt the-·,
gras.11 rodb. 'N"t,1 etrvtronmentsf Justkr wa~ in~titutionttH7ed, but re,~m
envir~,alli~ii'r t"al!vim 21nd rrv~"Ne d'i~crimination .
. Frggs Ac.-tivi!m to Negotiation
fn resptinsc Ui t1ic ~tate's plan to 'tty to pump cni)t:'tminmerl wakr from the (a;led' dry-
lomb lrtmffflL f"u:litiatc-d and led another ci\.·il ri ght<; rm1•.·1;inr.1t in 198J nnd fastc..-d for f-<,J
Jays in the cmdrty jniL ln M~y l <>tJJ I frmnulated tht brn:ld ,irn=.t ice framew&rk for
rcsol\iini the P('U crisis, centering the fram(·work t1n Orrvemor Jim Hunt'sOct~her 19!(1
pledge to deto:ufy the landfill "vhen the technical foa_,:;ihilhy of Jtfnxifk"nrioo c('fttld hJ
dcmdrillfr9.tetf (a pf.e<.!'£e backe-d by a I 9f<1 legisli,tive directive) and 5uht·nitted tht"
framework hl ronner Secretary or DENR (then DEi rNR) Jonathtirl Howes. ;J CCl··Chaira1
the Wondng Group from l 9()]/94 to 191)6 and hn,.•e cont inul;'d {,) keep tJi-!reast of issud
,mil events; e\'eh tlioug_h Worbr1g Group mee1inv:1 have nHt'fl c\mtlkted with my night
cl:-ts.'ieS :!nd cJt1wt tenching comn1i:tments. ·
I bve ;efveiLind continue to serve the interest:, nf thi~ nJ1tlrirnL·inl i:.~(lnimun-ity. neither RS
an dected n0t :it~ an appoinred official. hut rather ns an indt"'jieTldt-:nt acrivi~t of justic-e.:
The citlien.s ~~t'Wurren County krmw mr Tn unle;i!->h the charge nf rndsm 9¥Uinst ml?.
hc:c.aust oftf:lis':neee!'lsary critiqut! would bl.' to un!em:h nn c,fd dt,g that Ju.st won't htmc' In
:;hllft; the peopl1e of Warren County know 1hat r h:we dcme them some ,ervke. atltl
rncmbe'ts oftti~ larger environmental Justici: commtmit~: knm"· th at J hi.we done them i
i:civiee-as wdLEh<.tugh of that r consider thi,:; critique ye t ar.nther conttthtttinn.
motiv~ not t;y raci~m. hut hy Hie qucsr for mnh. fre·edorr, democmcj' an:d iu~ic~ for
my Aei~rs aid. fur aH people.
Stak ft[:Dni}t! Needed to Dette,·e in NF.IAC 1\i1odel end in R.et.-ontjffaftnn Tbnntgh
· ,h1ttiri/llrioxificatfott Framrwork
A suitl.lried Hlbrt or dcninl Cflfl'Ctrning the realitie!'I '" nefflt.'d to bdlcvt (1) that tl,e
NF..T~C oif)(f~ wiU ~olve the }'CB/dioxin landfill prt•Mt'tn and (ll th.t the.-<~ i!I
even.lfit n:mo,~t pos.11ihility tf\:it the formula I introdlf'C'td to .Jonathan Ho,vt=!C hr
1 m '(ffi~ }dldli-tHln'd-recnndliatinn-th rough-rfeto\'.ifkntfnn frnmewnrli) c-sn Y'f!"llllt,,e
the JM'6leM. .
Page 12
Recommendation to Genrnd Auffi!hly
Tfl~ an•tysl<J tt•• ,n~,u~~wd rt'"\'er~c raci'lm: th(· u~<-of rc,·tT'lc dh,crimirrathm it,:1'fmrt
i, minority ohmhttered. at-rak local citizen .. takeholdt<M attf'mpting'to
e1nalli~f;pate tbi mmdty Mack 1.·01,ununity of Wnrr"'n Conn~· from a PC'B/dioxin
land1iK The irony of f('\-'t•r.ie r~eism i~ th~t it a~tu.al~· enable, tht ~e'and F:PA to
pct'pefu;atc N1vfrhttm~ntnl inju~lict" (in duding ('nvironm~nt11I rnchm) whim rNelt
in dfft~ytq mfa&rity communbi" "IUl'h j\<c Wa~n Coun~·-
l.1nrH a new tnotlef hasc-d on unftttered. at-rt.;ik citizen ~takehofdt>r inter~ts i-;
gum1mteoo. mJ/ n.i.commendati<mto the General Asse.mh!y i~ tel freeze all firttrrt! spendfog
for det"ndficnti~n of the :\tale's PCB landfill. in<:luding thi: pr~!<e-tit :3 miltiott-dollar
appropriadou.
ff T can be of fi:irth:er assistanc~ to y1_1u in any wav regarding the PCR dilemmti, 1n
Governor Jim f1uht. f~t to tht· stntc nr fe-deral g1wcmmcnt.. rlease dan 't hesitate to let mt"
know. Whitt I tan ho longer suppnrt the-~0-calh.•d t·nvironmenrnl ju~ice model for
r1.·asoil:i stated in this analy sis. r would be 1.\illing w ntv,•)tiat-e :::i re-<1li~it:, nci,H~~pk1itutive . . ... .
f-r:11ne,v6rk and'hclp end thig epic contesr once and ti,r :-di.
Secrotury McDt...,·ilt. If you shmdd see Jonathan Ho\.ves. please g1ve hiri1 my ,.1,·arm
n:gards. Togt.it.hcr, .lnnmhan (11~; thrmer St'crrwr\' c1f DFlfNRtI)FNR) art(f fhave been
able to agree rin tbnd~un~ntal principles for n.~~nlving th~ pm!Jkm.
CC! J*~s U. Hunt. Jr., G1)Vt.'rnC"lf of North Carolina
N6rth C'athHna. Atwmcy Gitner.tl Mi~e Ea~ley
t\,,kmbch:s of the North Cnroltna General !\s~cmbl)
tv!embe~nfthc Envfronmental Review Commis~inn
~berst~fthc PCB Workfog Group
Wlttiiuti Nfeyer. Director, North Carolina Hiv.ardous Wnste Divi~ion
1\tntce J.:.c,lfy. Deputy Dirt."'Ctor, North C;trolinu ffa:.:-.:ardn-u:1 Waste Divi~inn
Frimk BaHance, North Carolina St:Hc Senator
Eva Ctaytbri. United Stale~ Congresswoman
John f~in-rk,~ U.S. EPA Regicm 4 Adminisrmtor. :\tlanw, Geotgi-a
Dt. Com-tit West. Harvard University. Cnmhridge. Ma.'l!!mchuseti.."1
Dr. Robert Cox. Sierra Club
Members of the ecumenical/environmental community
Local/St.de/Nat:ional News Media
f'ct~ Wayw♦ M~i1t
Secrclary. Norrh Carolina Dermrtment nf Fn\'irnnm~•nt a:nd Nnturnl Retitiurce~
• li PfiS-1!~! .f(nit f~ rt<itpon~e hi May 26 invft:1tion tn 1wn·r on Clt~n! Advi~01•y'
Bom-d for fitb:dfying PCB landfill
• "! pages: Jt'irt W:irn~n .. s J')e~tlmber 11, l'>')ff ~nidylliS or ,.en Whtkint Cnmp
p~
• I w!U Q)Uil the statements to ensure cJaritv of print
~ •~ ('U •.: "''-'•t1t ~,n At,11(1
P~ 9,),. ,6!C!l1
'),,It'll!"\ •,C ,:'.~I'.) ltl~t
c,, .. ,·,"'" ,!')1~: .&~-0'1♦7 .t•.• 1.Q'li} t'J'.l /1!'11
1o.V,1·t ~••n 11,f(: 1",UtN'~ COM ' . ' •,, '.· ... ,,
Dolhe SciMY-e!t
PCe w~,o· Grtfup o::i .. ch~w·
,
Waste Awa, ene$S
c:: "' • ?tcomee, ~obb• R1tey, ')ebo r~h :):10 VQr: ;;:C ,'r'tJt;c:,o, ~ev , Leon Whitt,
M,t · . ·~ -. :,.;:<_, K@af-1-i@Y / ~ewis P1ttt, Kirn Cil e"ll
.,.
This ,~ ~·~r f ~~6-ect r.ever to t,:,ve to wr•t e, bur ! ':"1 dD!tiQ so now b,eci,use it is C!€r.H
atter Olli" r~st r~~~,r~ tl'1~t tMerq i~ Ct,f'i:•~..;1:--,;, de--1.:\1 ::,o'.Jt 'Nhat l caJ,ec th~ "~l~phar,t
Ir"\ the rot)m;; ·-th1! n'f.~rry total dtstunct1on ')t t !"\e 'NG!"~ii"!Q Grnue {_WGl j$ cll"l .
'crg81'Hl"e0 body •·'11:;,e beca•Jse YO\..: 5t•li seerrc to F'5v~-rJ ;r.tentlor.' d 81'."JC res~ng th~$!?
1ssue5.
1 "f'T1 IJl"'IJrng you r"lOW to prov:de tt\t! leade~r •'.; r"l~.cessar .. • to corn~ct s;~r i(:ius !o~,J -
, ._;t'\n,n~ P!9'9!-:rn1 w1-i ;c.., c;orr.1ru~ tc erode,~ ar1c~·s"'. :s, t ut rnore lmportanf.iy~ ~~-,
... •v~f"e:y·rtT,petr t1'n,·wor1.:::no Group'$ (WG; zi t ,:,:,,,,'."., 3..1:ceed :,"'\ complil'ttrng t~~
ce".:u . '~ci-~l<:,rr prdcei,: 1 'rn ovrtrrg t,..esl" .. Meiug..,:s ,-.::D w rit lc1g t1e<aalJ'!e tre wq; .
·cornmur¥1cates ~d :rtfr~ueric1v, arid o;o poc -;.<, ar-:: b-e:.ause yoy·cortlrtue: tc denv r'"'~
"7uciportyl'J1€v ~~ a~vss,on o~nese 1$$ues -------·
,m Vf!t"y ~~PiW 'tt"!t the WG ~as obtlJlr;ee'. :''!t•a · •u·,c·,ic 'or the dei4f'1·up~ it's bee,-. ,=t
: , .. 1gti S ve'!'"S 1-ne! T""\?J.,...Y of us have workej ve"y h~..-_:: ('"'ii ~soedally happy fqr t~1e
co~""1i""t'v ~:etU'!f!: have rong ':Jee!" a•st)·-~ o-+:'"'r ::-'--~at the PCS i~:icJf d! poses ,rnJ
t~~ e~~us iM~'utt W.!rre!"I Countv has ~,,..,c..;•·e,:: f;r s:, l'Tiany y42ars.
;8~,t ! a-rn-·--~!sma . · i!t-·"d ev@r: emoarr~SS€d 3t hov, we have gotten h.are . I believe, we
~•were u v to Q~t th~ rn 1 1oil nec:auc:;e ,i ,,: t"'°'e"VJG na5 op-~rated v~ i:iraft,ci~ntly fvr --V:'a very tori twn~ and without 1'1'1Y sort of ~i;~~".lcra t .c process, (2) pef""6iStent internaT-
pro $ 0,nt!f\U(I O . r-e ., J '· 1 -~~ _ • Uc ..... •.'..;, an ) beca~-se Wf ne,ver
~ng~t1'te V8tffl~ W:,rren CciJny vo:Ce. "'e bar-('iy L~volded failure lar;,ely bet.:au s~ cf almo!t-. ~1'~ t~l-,rt~r-, .)'1 ~ ~tr-ateQy i.;t~1,z1n~_sn wc;,oe political traek.
,,,.,t, 1 wHf~!"'t-55 tl">e oroce,s rt '"las ~,?e" 2 y1:.a,,.~ s :.1r::e the WC w•s formar~
tfJlr,e~t,v the 1'!:'f'IIP. 'Se'Cretary ~~ and 'T' ~en ionoe'" S0'ite we've drscussed lea~ersh:o
*~~uf?s. Pvt nf."Yet' qe~n partic:u1~r-ly concer-r:~d ,.~out cur official status, but I am
dffl!p!y concem.:t· that you and D! r-.JR 's µe0r-/ _l.a~caste~.L.-fjS .c:o-ch&ir~ have rerMatediy
i;gf"'Or~d reauests that we disr.u-ss t'ie i$Sue~ J ' r1ow t...._e WG Functions, oarticulci-rly how ...__ ____ ~......,.,_ .
ctec1sions are me-~ a~d the verv 'O'e-s of t he ::o-ct,a,rs and the ~-,c~n~I <;om,mi~ee
~ur,119 tha,t t1me,, 10-u h~v~ a 1so .i r,r;:,rEKi repP.a+-E=>d :-~1-·@~tS fro~myteff IJ1"1tl' othe1'S at , Cl \Jl . .· : . · \ . ,npd r.to ;jec1s1ons r~Qa,..,J,..,~ ~)(t,~nditl.r"@S er (urtds,
operat ens of·~ ,Cf!. c'Jr'd co~trl!'l.i ng WI
-f will remfn~ vov that, prior to ! 9~~. t"'I;;,;.· d~cls;;,-;~-~re! e.b~-~..Y.~ ma~ wrth 1ufl '"Put
~y the WG, indvdtn~ all aspects of h!m,g s~~1eril.".e ddV·$Ot'5. !n f,!ct, thdse l5'St.1es '.~fl! B w.ey part Qf.bur joti as members of the t@c:hn•c~1 ,:01Ttr"':~tt!e and the htff WG . tt wi,sr,'t
tlways e~. but :t worked ;:,nd gsve us t~e hf!r~f·t cf utilizing 2 ( )(C'el~t te.chr,o'l<:al
t:1rofessiorla,$, ~lick; ,and Joe•. W~ hcVI?. good !')eor,1P r::-~ the WG who ''h~ve rmpbt1~1"'1t
~pinions ano w@ rf\ake QOOd cc:,1t!Ect:v ~ cer's:cr5 wh'.!r• d 11 n.wed t:'O do sd. !1{.;1t too m~nv
·,:me$, ct~ ~h~!'t\JF at meetinos to ftrd c ut tha~ Ceci5 ior'I~ had 3fr-e~dy 6ei, made '
. . . ~~nFv and M•ke k~1:,., .. "tt41111 ;c tt •;; , easur iao1~ ~"',at leaaei's dr s'Gcri
J grouQ wou!a be' txpecte t o rT'I e C@ ,_.,In Sli!1~)!fl (]e•.:•s.1c)(i$ .v,t"'rout the WG, but that
~o mes as: a' re~u-ttof the tru,;t ~":ij c1greer""e:'~ of ".h"1 fu!I body VV~ haye rtt?Ver-Ont!!
~,s;;u~Md' a<u~horl;ti~ ~i-'I~ co•ch,3rrs !O riak~ l}D_y declsloris w1thci.Jt €Fili WG Vet
r<) U y, tln \,)fl . i!ll'1 V ,· •a i wr"' . . 1 --1_r'"'· ;)C_, ...:,, , vo~d J'
ry 't\ to rria\(;e tt·H:-,s~ and oth@r rroortl!liit d~c·~,o.,s c.1n your ovm, ofteh wltfiibut
~t::-!'...11..':i....:. .... ~~L~.f'w,_"'°.i.,t::.u~~+-.!..,,. :.:.tiof·'·!Ji!rr--.--,.,-~_"'1"1...-.-, "IT~"'"'· ,ell:~. N 1.,alr~ qc)--bv h-12.f.;.~--~ ~v@. 1 k:l"levv dt.!C:-+.cf"." •
had been made_ .ti:' ~. 1-tri .,. -riu r .~v,e cortr~ued ~o make detrs1ons t+ia~ yell
).:new dth:St'$ of Y:$' w,oµJd g•~agr~ w ith Severa' o, t ,-,f'?5e d~cis•on! atl! on~ that __ y,,;-~
directly ct;>f"!tnb'utad tb our l"lear~l'a1 1tJ r~ ir"! obta1nrng fwr rJs for the cte<"Jn-•uo . -----~
. tne to-cl,alri obvfcus:•-y speMl :'! r,..1,· a--rount c:if ~;r;,e d•sr:usstn-Q WG lstu~~ by ohon~,
hat time. WOUl(t be b~tter .7':Jpllect ,..., a proc"s~ wh'L'-c· '?1"'1')8-ges d lve'l",e~!tiz~n ccitri-ron~
~nd r-es(Jtt!; 1ri v~rj on 1ssuP~ : r,,;;rei'ld. ~"':,.,., 1r wa,;, nhv1aus ~n ir,-su• woukf >:it!
,..£.ont.ested, ant1 ~ vpte was !n~vtta'btr-1 ya ~r "'~bit has tieeri to lob6y·W~ ~~m6e~
tr,d!vtoO!fly'fotiJppo,"'!: your-pos~nors. insr::ea~ of c::'ow·r 9 thett to hectr all sid@<; or ar
_)sue ariavo,rngJ!,~n2f4nr. c f Ytll.ff ove,-11ew ~~---'--··--·-"·-
Ocf!ie, rve ·arw~\I~ bl!~:" stra 1ght v-w.:h yc'..i Yo'J a~1 ! hcve been aflle's' !rid rnencs and
~Ii tlie pastf've baer1 vour b199est support~r 5Acau~e r:,f thl!t, ! ~ave~@lt it my
·t-cspon-51t,HftV to CtC•nt 01,.1: wh~r : !:'.lel1eve t'.J tie •-,1,:;take,;, especial'y wli~n you've
tip~r~ted fr'\ !n u~.,....,ocratic "121r>rie r :~. 1-ias .,ever-;,,i ombte"'I for ..,,e'lf you ~r,d r
dl!;2!gree en a WC;' lt~Ult bur It 15 1W S ~ :,roiJlerr. 1,.v hen tne wQ nev,ir ever. r.as !
ci-:arica tc rarr1 •. ~ttreS5 -'"" ,ssue ard ,..e~:: ... ~ C@CS!Qr ai'T:er he;,r1ng a Si e.5 a .
: atrng ::en@, rrtllf'l:..i er eacn person § iaeas
!'Ve ta~'wl~ you a!"!d ~e~ry eac~ ~bO a.J t t~,~ sr.,:~r~I tlmes !n the ji.:mmer ¢f 1997,
_t~fS Srtuatron O't'. 0 tiad t~~t l C!il . R@V . 'Nh ,te t (:; he;p w ith w,i~rf cal!iffi a tOtai
L • o, creniocro11t1c proce55r eind asll,,;d 11 :rn re . p '.".: .. ,31.; \. -0 . .. . ~ n erriai
~ree1ems ffi:for~ ~1.;r who'e ef'c:-i; C:1lhtet;• a,e+J ',"'., e"~ •. nts 1rver1t ..:11!"!$€aea.-
}~eeerrt ~~~5 p01~ito Miy C:Ctl"l"rp 'a •ri:5 A't~:-re~,!y 5 meir.tM~ WlthOut ~ meeting -
:~unrrg tM'e-eotmfl"l!!tlhQ ~ti.!s~ Cf our 5-vc~r ~f'c~ •· ::j ~,. N~v. 9 ,i;•H~Ml/\g was ·.
pm~tpoM~:nrt tt'rf!-•,e!t '"!"llrute, tf'j~n ,.eschedu~~d a~·~ canfer~nce cl!!!! vJit h only 2d
hou~ nottce, re5t.Httf"lg 1ri :)QOr p.:;rt:ir;tpat1on ..... hen we raurid out that on:y oi,e of the
t c!~ncf! ad\.rf~or-~ •JJ.~ ;;,v;rec to r.j~:i:;1ca t8; ! ask@c! wno made tt'lat d~1s!on ar:d wh y,
t ,ut 9ot no arisv-.1er "5hor-:'v a•t~r, r soec::"lca11v recue~~~d !n writing t+t~r we hav~ ~
<;onferer1ce c:all oftht tech,....;cai COt"'lrl'''tt~~ and co 1~1-\~,r:; to discuss r,e~w ~ehts
n,eg~rding the ET(;; p"oco-;al which r felt w.11~"7lnrec' . ...,."°:~•~g the sc1enc~ advt"&'S to
iii}rticlp.ate (ov oh:¢n-~) ir, ou,, f"le'.l<t rne~t1n\; · ~1'\e ,-:--~r r~a, m~etlr,q tine@ 'vnd1r,g w~s
obtained. Instead~-yc..')1..1 sought to toDby r-i@ ir-o ,vit➔'...lalfy '-'"d !Qnored my .-euv~-st for-'
grO\Jp c.tlf. WO~ fer the sec:on~ t 1rne •r a year-, vou b 1oicked my m-e-mo bel..,
~:rcutate(1 tg fb£WG. L~~ delph,orr~r~?-a..,'{Q_~e WQU . ever it,hibit 0,. d@ny_
riOY m,mbt(s rtght,to communtcj!tte w1t~w, t"le V✓G !!. ~, beyor1d 8r'!Yt':tfl~'s !JIJtt,or,ty .
,nd would b@ tn a.~ ~uch comm•ttee •~ to !mp~de a~-:-e,,..,ber·s abi~lty to commy~i€:at~
jlltth t.he 9r9ui:>, 'tpij nies IQ tt"e face O' the very pr:r.c!ple$ of damOCr?rC{ &-nd )lll!tlc~
Which 8re s.¢ hMv,\ly~@spoused arounrj tre Wewre,., •:'1,1..1nfv t~sui!. -· ·
. ----""
The functional 1neffl·c1ency of the WG !t.as t·eet"> -3 i.'"'Nilem. fl)(! long tfrne, but this 0c7ht
$ummer was ! vl;;itl..J!I r,1ghtrnan~ "fhe S ;r-or.th5 w·ti--.out a meeting W~S onty OMe
,41spect Cf:.! near tbta1 ~r@akdOW!i ir1 corr""'1.J"-'C3!-iC,~$, wh•t'~ti OCCUr'ntd ~t the! WONt"tir"'I"?
possibl(!. Two transfti(;')rs In offke oersorne! 1Nere n':!ver ,e:w;pra!n~C, to th~ we , Th~r~
was enormous c01h1'U~1on, m;sunder-stand 1'"'q and str-es,; i;;;or a 1on~ t.l~H:~i lt Wlt~
(Jr.clear whether ;nvo:1~ was in th~ o~:c0, W"'ar. :!~vr.r~ was cjoirig or F1ow to _.
communbte wrt+t t~ WG.
To the extent that !neffic1enc!~S are dt.:e re t.:rn~ c~ristr-a•nts or ind·ivil:,tt"ls, tMat argu~-s
for ke"@p1ng good ~otnrnuricatior, de'eg"u,g 1;,.;!cC1:''~~s al"!d en9~u;itnr) the v~rtous
ta rents rn ~nd art1imct the WG -~~-:c tte _fxr-er:t c_~~~...!'.:!..'!:.f!~g~ncl;M M Q,ue: tti d:ut· l~!<'--
pf a Pl"Oces"S whtcti t;tHltes peop1es· 1!"'\put, "h~: ,s " d1""t?reri~ problem which ,,s
. }~aitirri+ol·ff .
loMm«l·ftobtclM •n,is wh!!tf:ng or ¢nnfr-91 fr?1:2_~:,.e wG ~as heen a '.<e-v f:,ctor 1n exacert,.atlrHJ, the long
ru nn1n-S4 prgt,1ems wltt:!n tne w1.., ~s yo u it,.,ow . T '1~1 ve ,..:,..9ed ·-ef"ld wacticaily
tt1gged you ..• many times for five_)'.~[} t(; CJ II •c,.-~·,-. c•t1zens to r,'le@t 1r~91Jlady,
witht,ut tn• ,tatP-~ ;n nrdcr t:-J coord1r,ate 5t,ctec-re.s ,Pd create c, ur1ifted crtfl~ri frdnt
":~iii; wes ~!~tally impor:.,'"'.r: C1Ji"irg t1r:i~s whe,, ~...,0 sril'te was d~l!!Yih~ att!Ol"l'arid
~l!emed ft m~y "~ tfy,n~ to sabotage t"1c de~o~·'·c.;~•-:)~ e~ort MO$t !l'!"!porta~t was. the
need to wdi-k 0-Ut ~~onal 0 1r'er~!"'\C:E?S, ~Z!'"'•'v '::"·ti··•."ie'?~ y-:iu ~,.,d tt'le c::~rrtJcclcs. These
.;roblem~ 9r.iitd·va.11y 9ot so severe ;n l 9S7' ~"'\?~ ~~:I" .;i n.:i ! t d ed ver'V ~ord --s~verBI
t ;i-:ies .. -to t,nr,g tr'I ~ M~<'.liator t o .,(:!Ip "'eS~lvf" ~"'t7":"!1 ~e'or&' the whole WG et-ew' uo,
wh,ch it ,ieatty d1~ or. var·ou~ distaste1u1 ,:,,::c2!s,ors .
It is ~mittl'ng ~· ~d: !' tlF.!!leve trm;J 'C •· r ►,::1►, cj1:>sp ;te r;;rowing int~rr1at acr!morw l:!r:d
'prcotems (not to merition t~@ stress anc: "'!"l 15trc1s:: J' tt",~ state), the c!t;z.en WG
merr.bel'$ naVf!t'l't~ met w:tt'lCut t-,~ state even ~rr.e ;~ _ai.a".i.Q.Si!1 ¥e5'ts, t'"lr"CUQh thi!;
·extrf:'me,Y rnttnstt and c:oritrovcr$1a! project •-i~'.:. cM, .~,y c1~izer. movement 5UCCPP.d
or even ·$urv,v• ·-Jnd~r those -:onc·r c~s7 y"";I:' ~l?s,Jt t-ias beer'f trl!t ct1:t~r, '
'er,,:ir71es-~~')e Cot'ltiht.n,'.!y bN!"I d: .. ec:·ec 2ga ~-;t ~;:JC ... ; ~~1"\e· I r.,ersd:i(!l dt'ff~rer.ces a 1t~d
1~ ,,.,_,nt ~f the tta,te at WG r-,eet1r1g~, ?.r :'. ::;as:c c; .,:•tv h.as erno~d to a point c~ abjec:
·~ude~~~"trrd c~e~oe~ Not O"'lly ..,_,,s ~.-.:,; '.;:t i.:-:!t··'.:lr" d~,...,:!IQEK'! !"'flatidl'ls b~twe~n ~ho~e
'tnvofved; t:tut tht"·!t!""'!O~oher(.? ~HI~ cont1r,ued ~c cr,-.,,.e ,;oOd p~opt~ 11/,tay from t"'a WG.
mak:ng it impcssfb!e tc draw mud-1-needed cc:i1muo'l1tv ::ip~it ror owr efforts.
3
tj 11a"1t ¢ol\~$ntT~ :asked you "51"\!';f Henry t:o Cof'ld1..1ct ~he _m~et1n~ In a;,mont fo,tnal
ty,ttr'lner-. Bµt you :end Debor~h, tpad ~~€ wav :r-,,.,,.N .. '..!0~1!"!9 peot)h! :w~n ~Y are
~!kinQ• th!'$ ysuatfy ~aopens rnar'ry time~ at evl'!!ry !"neE'til"l'Q af"d orrup1·a,11 . YOU may
not reaii~• it,. but :)' our frustration has 1ed YO!.,) irJC,..~(3~.l:';ly -•, wl'l~r1 you dorn interrupt
~. to use a tactie;lhst, wheri someone •s ~o~akirQ (usu~!ly sie~rah), you =-dtstrilct
Qthers frorri listt~9 bV st,~nallng you,. c :s~gre~~el"lt 'Jy roll '.ng your e1';'es, t"8~r'l9
vour h-~ and mlittermg halfway under your ~r-eath 'Nr-.tte the per5~1"! :!S tt!_H<if"¢ I
know now hi'l.oc,rta("lt respect ;5 td you, but vo~ can't •'l"'t~1.,ta,r-other oiopin ~r,ect ,f
VOi.i exhiatt 'St:Jth di1reQar'd for otflers' bas Ir:-ri917t to ~Y('f--P~S tM~,,.,~tves . :
"f11rou.gh0Ut ttils pt~ct, T h~v~ s;ie"t way toe ri"luCh ~Ii"!"~ -hours arid hoUl"S, l~e
~19ht$ and wee~d$ ,,. rnedtcfftfn¢ differences betwf!'e'' ycu and thff F~r-rvctiOS, lbut
,h~ver bnte: witM ·you !1ttin9 dCWt'i togerr-er to tJlk -or-e·✓en ta1klng td'Qether bV phori~. t know tlt3t mf!m?bek of t~,e state have, ~t ieast ,ri t"e ?a1>t (l ho~ lt'has ,top~).
tned to pdt°tnJY tne prot,ierrs as tflack/wh,te l~SrJeS U$'~r. ~'<e ''divide ~rid COM~&er"
tnethoc. Yeu -ari&: others know tt":lt ! have o;:,er,iy · ~ ... ~ a·~iietlv -· crltk:1~ ~
j=e,.rucci~ ~u.rnijjus t:1-,,es wMe'1 I tel! t'"'ev NP.."e ~ 1'"!,.!"0'",-t,u!; tliat t ~el"f -.~,~ w1!"1
them on pirtictJfOT po•nrs -jt.:st ~1.ke r agree w :rh yo'.. ,,...,,J,::+; of tl-ie time, b!'5~ br,•~e
Issues~ r,f:t'Wflro ~.:of'e is ·
~ know yOt,i"v·e hai:1 ~ lot of per'5ot1a1 c~ari~nge~ 0\1'-!!r ''"'~s~ ~ vear-s ;' f've be@n :·
~ympatt\etlt ·and 'tupport!ve . Ar/:J f do !"101'. mec,n t,J b1<21~! YOU for atl ·:our t,robli!msl
put you are the dh-e w!"\o 1-\as d~(:i"led leadership , ilriC1 ~hE only Ot'l~·w"'ro C.!n ;r,duce t~f!
. ~emedy ,Or pr'tlbtitrns such as th~e. · :
·I . .· . . . . tack M·~ra:tta\f-OrgftrtttJml J tJm embarras..t;a;i· tt:: teii a!'ies at'Cl,;l"'\C t"'e ~at'or. ~!'-,:Jt. 1~ 5 ye~r-s, we'have r,ever y~t ,
;cr-9ani~ t~~ e6~;"!'\:,.J~ity1 bu'." ,.~Hed lr.sr.~aC' · • i111mc-;'.' ~~!P.'Y ·• ol"I qJtet pOf'ttf~! /
cH!tn~e4s te obtain fuf"ld 1l"'I~. ,..~e·m 1c:h-tbuted vcic-e r;,f \Va .. ren unt wn-s ne.Jer
'.!n9aqed -· Qf e\J!h lr,'~rieO ~p~ ~O Orie eve,. ~~·~t; I'!! say tt,~t. Wi!~ve 'WP!1 !0' ;ii,_!_
/+cue to CQl"!'IY'r'lun-rt-11 power t,ecowse !t s·rnp'y sr:'t so . l\Jr;t :h,-,t the wrryrrn.1ntty ~ouldr 't j
• ~1ve 3i!le~ to P~ C3l.r~e, but be~l.iSe :--'1e ,-,mm· •"'1 1,.,-~r_c.ot.~~ e,r,~1"1-~ !o··exer~ ·
~ts muscie.
;;Or, January :lt 14, 'Wt! ~o~rit a whOfe Satu~~av r.'~n~:!:q a :o-norehensltie roMm~ntty
·ti utreiJ'C:-r pta'ri 9~"'tro towan:1 ti,.,~-1e9 1s',3r"✓P. ~.ccu;c:;:s -: \·,1,: the,, proceeded tc; e.:ikcL;te
_;flfmos~ r,ot"llf~f ~r,t&t QT.!r'l Neve~ t?V~., er-A can-~rr.,.;~:t,.· :-reetir.9. I ~on~V recently
:i-~al,:ed ~ !M'! bro~~c.:;e~ we ~::mi-~ ~c ~L!c~ t :~9 c:~ v..e!"e r"!e•.r~t e~n r,,arfed, a-ftf?,,.
:'_Ne h~ ~ J~~ !'Jel 1eve ~hat t1',ev ..,.,~r~ c:st r i!Jutcd !~::, the butreiitn n·act begun. I
_-:'kept ~~"9 W"'el": \Ve would be ,,,ct•~1ed ab:>ut :o,...,:::;.;:-lry mea-tlrig~ arid ot~er
:events. ·1 m·~ ~cii:~d to find Ot'! ia-:e rn ~~e s :.,JTT'~P~ e··.1t virtuatly ribrie Of tl"l~
?ufr-e~·t0-c,1~ wt! ~ve1opect w~r~ ~m:-:it~v~c Ci.!r-:-at:y !7'" ~~e sprt,g 111t tf"te 'i~q1slatu,13
,:was QOO(j, hut diltM~ ~nQ,1\Qe t!'if!'C.:i'""'~'.;n1ty e)(ce~t ~h2!t y0u "Tl!de a)Per!onal corita(t
~Mat ,;,ettffi! lhJ!!\,!d of lod'S t~11!~ flrorr, a c.;u rr"n@r-.:~11~,:, "he Lebby t,ay w~s ~ISiJ
.lhe!prvt, tn1t w~< ~ef<ifr.fr:cted r'T"!."'l~try by WG """r"r'l'l~('!"~ w !t'": .-::n!y ~ t,gndft.JI of co~mun;ty
tones ~e( r''M 'ql3'd we ::!id 1:.,o~ ev@.,ti; b:.:t so,r,• •1 • .:q r.::l"ln't invotvet:'Df10pte. r~m .
'.Warr~ CouMy . Wi! w~ni:: neeP"'f•f~ ,,.,O!it'1~ w 1thcn •. t ~-,:err m.eetl~g ;.. ttie rnost critlc;!I
~1me of t't'tt!' Wh~ pr~;~r.r, wiier 'i:J.p_ h,3d ~l~n!"l~d (0 r-ixl:"!Cwt:e rhe community outrea(h
pr09rfm. · . .
Severa! tlme-s e~rii~u ,,, the pr¢(~ss yo'J !"'fl·,q,1 1ca~1y b'ock~d e~ort,; to oubl'IC1zet
1r.formet\'on whlc;M I am stilt conv,nced ~i-,!? C:Or't'•'1"1tJn•tv el!!~rved to k!'\('}W at:,out <-tt.JC.h
as the P~5 a1r erlffsst·ons . You arQued z,ga'"'St us1,,g riews release~. ~8Y'"0 YOtJ'dJi:1ri't
·wal"'rt the eornmt..~ity 00 r1'1C OLlt tr-1'1t;IS tr'.'"OUQh r.ew-1Jp1't,~rs, yet you al~o dfdf"~ 1/,,'Z,r"lt
to ,ri,Orm peo;:,t• cHrectty Durlh•~ 1996 anc 1997, ear.., cl' our ~CiQnc@; lJdV150r!
.suggaste:d cre,ttlrfg octl"each mater a1s tc, keeo ~ht:" cnrrif"!'l 1Jnity .eopr1!'td about ~!ft'
progress; but you 5C•Ok~ ~~!1,,st rh~, ~r O"'le poln~ even ,~ylr"'!rJ, to mv ho-f"i'"Or ~d
t>tl"ler"S', that "'then people don't r-elJd ."
~00~!!9 ?;>'3~kt _I wisf-i tt'l~t l nae! 1r;,u5hed ah~ad to ';)et the woro out in ~~~n C¢>1,mty ,
put the i::t1aar rtlt$Sage tias be~n :~erit seve--~1 t:mes that th~s ~s Dollie's reetlm end . . no~ O~l . wor· · _5 son( :(Jr"\/::' )'y you. ~1.ernp.s .0 organJ:::e the
~mmt1i".1i · ~r~ met ~t Of"\e po,nt Dy yovr-angry o~rsts, v·cn,; nave made it tieer
~ ;i a ,t ~~-yc
1
ur ""~ES£itu!!nC¥ a.' t at !)~OPP-we'..·<. o<.,'t w er, you Qave the 9iQna:. ~ ff~ut tf'i,f;.s;~~,t;; yet to am~@ .
I r·~p~h!oty war~ed at>owt rely!rig tco :-r,.Jch on ~ r:w flt ro1 1r1ca1 s~t-egy -lllid ◄th✓
'hop~ t'~3'.t S~n . t~t!ant::e cou!d ~ellver : Y""~W t~·,; -" ... Q!~ wou!d be ~ ~o::,d co~lary tl'.:,
t~e orga'hf'.ting, but you will ren,efT'ber r!"y w~rri il"g~ >:fi~t ~!ectf!d c'frMal~ oet dbuble-
crC'ssed s~met1m~1 c,. are omenN1~e una~>IP. to sur.c.:~e,:1 . ..,.h is str!tegy darn near·
railed; w~ Oare1v -sne~~eCl by i>,/lrli t'i~ $7 ,,,.i!l!or, 1/'1~ WP,f'I,~ ~ft 'ver./ c:,nx'lous, t~n
·r~,,~ved. li.s hard a$ [tr~ to storhacl-: t~(I wav ~>1,s cc::urN!d, ·t wou!d have be~n
u nbt'?~:rat,te 11' we tia·d 1ost, rh~n 'ook:ed b,~~k at our n~ ·s~ed opoortu-n1t-1 t~ ut'll!z~ th41!
ri vm~n en·@rgy j1, w~r--~n Cour'T~Y · A strol"1g, u'i!f1ed r::orn"nur,ity frorlt wltl be ndc~sa!"Y
· to get run tuncHn~.
~his 1s; part o' wri'~t ! see as a tragecv · -arvj r-n issed opportunltv for us to r~e!lv feel
n ke weve work&d together tc 1.!C:CC'."!'lpl1s~: sorner.r :'1;; ".'es, 'T'Jnv O" U5 have 1,•,'trke1j j
.lot. .... but tt nasnt oeen a tearri effort .
r be!tev~ ~at tr'! t..,e ~vture1 you ;hould --eciJse vow,~e•t from 2riy di!;CussiOl"I r-eQ!rdtr.g
the coii&ac::1ni; wri:i Tei~, H1rc;'c""..,O"~ :t h;,s bee:". :v,o ar,,: a 1-,aff years ~int:! his Mel'lo
. WM!Ch tnsutted yriu, bi.Jr vou ~.!!Ve rn cti"'tJ !!led ,11"! ._;~~l~yU)'S~d qnidQe, end ft hac;
·. contlM(Jed to imp!!!!" vour ability ro p~t the WG 1r,r~rr.s~:-f!r-:;t 1'1 t~r.rt$ of :.itP1 Zir19 h ts
. 0xoertise fer Cur mfs~ro~. ~J<1r-: lYf'ld '. bet~ t,"'kP.d w ;tr--. ,oe' ~'ter h 'l'S m@rno whit:,
· :ri$u!t~yeu, a-ttci i tl!'ked w ith 'irrn aga•~ !Jter 5Jre. ,ie's .-.;ade ·mtstak@s; \'VQ i!II
hi?V1:!. r~ootd pb11it out tnzt °"'et.as :-er;e !ver. O~.iite. .:, '1:r ar r1.;dene~s:.ar.~ oisr♦s~ec.
]!-om you am? !Y~rn st~!i_; 91t 1<.:_;p1?; wntt ~,ave ®v•OJ~ r~a~~--tb !J!t!t j :t!j !.NI 1ettt=::t.c:~
: r'l 1s u~g ctam! 1~9 1r.forrrra-tlon ar, · aoggeg.5'.<~pr;cism --c~en quite •
· wi, · · · . e1r actror,s and mot;v@s ... --------------~~..:...,-
. You he~ tri1P.d rttimero~s t1me5 to e1ect ~:rr i'!"'l)I:' n's advi~OfV rot~, our n~v~r by
'm~1c1n~ ~t;r C:~ tb th€ WG or ttie ct:.:e.,s . :f'\5t~~,:~. you r-tave worked qulet!V to get
. r~d Of ~in,. . A y~i!!" ;,Qo, you •r"fsl1ted to ~e that "w(-) co~ 't rlE?ed joe1". to ensure
c1etox1ftdfl'!\".m, '(d1J wene so ceri!in rr,ar: ~tre 'T1or.ey :s :,~reacy mer~.·· sut, ~s :yow .
1att?r re~lt~cf, ~-~ ti1put was v@ry 1mportar't to JUSt:'·l Q~Jt tec~r.olc,gy Chi;,iC?. to the
· 1e91slattJre -i'Jr-·d '!'!"Yciit ttie mor,eyw~~r'l't r-es!:!-vec' ~s you we,·e '~C! to o~!i~ve Tlier-.::
:are ma,rt O~ f!pm~;t~s of ),ow your-p4irsor.a! orohf~r:rr._w.ith loeP~.aJo-l.f.hpal~•our
'}udgamtttt arttr'ffiT't!Jttened th@ tifforts of t'i-.! WG . ·
fwe h~v, i, vtry ~O~'P~" c,i-ojecf~..,e~d, 0'11! Wh \r:!1 w 111 r~qu, ... c mt.ich ':e~o/1: to 6btair;
~the ftftic:ntiQ, a·r'Jc.ttb tf'l'Sure t~e S!fety and eM•c1!!!nCy c " the deto'.Xit'lc~on i,roc~ss. T~
'wouref bf-Grlwfs'e'·to t:.tn, c,l' res1:t;fr,si~:11t'/ cv~r t0 !:"~f.'.'I Stt!te ('!~ thls' t1mw 1 \.Vft.,..mfr .
f!deqd~ ov~~~t by t"'e two ~~er-ice \~dV15 (Y5 A'~o ! 'iave ton!Jld~r-ebfe eher-gy ;:,n:..1
tmodest i~;tt:i' 2or1trbute, and ·a c;:!'1cer-P. d~sire to he'.p Wan·eri CoU~ty to "fut: «v,ctorv
ry tle!\~t! ~t'M CdUl'1ty e:on~r.µ~s to rt"ed w: WA~N'~ he'.p over t'1~ riext 2 dr' 3
'yea~;'-t)~Httrt+, l! ~rtuattor, wHir@ my ,npu~ rnp~~~, "ornething, not tn~ it.1fie~ you
~and t·Mf! ~-1r1·m8ldng all thtidecis1ons. :
, I
:)vou tt:.~ tbf ~,;,~ry Ieng ti~~, ·t rejected the argur"'1ent that OerttodattC':Partt polit ics 7 \.
_: and P!;?t@c~.OJ! . th~ goverrmr_--r'nay""'Sea ra~o r 1n :'"Iese ISSU~f I ra ise.. e~t l ri~y,,. __ ... >;'\~
~bel1e'{e ggttr10 must be a ra,ctor..._to w'7,~t exten:, l dor.'t kr;_o·N . J ~lmf'Y earl, reconc:le ------.. --Jf
·ttil~ s~·n: ,,,,_ my !'i"'lnd ot~erwt!le ~L~~ r de k~-:iw tri~': vour pen>o-r, ! Interest th ---;.
lontratli:5."'~ Wt;, ,or whatever r-easo!"'., 's ·r. ~L"ls~:ue~ cont,...asttO t'f1;! tomm~r'itfv-j
L-~OW~i"\t ~·<1 t1•n,1otvem@/"lt that character!z~ ~'1e ~wst:ce rtiov~m~nt . . -·--·-
:.,-0 tt-i~ ~"'" Wl!'C!Oti 't operate !~ well as pcssib1e, uti':t ing oeoplt~·s 'Input ~nd
''Jptnrcn,g: _., srt odr' re~OU!'"G!S .... ~ri'd ro t~e eX!'r''it '.,',.ft'_ •1("lr'l1' ('~mmul"l(Cfte wen !Md
'm~k@ )X,~('.mesf~'ds[Ons, we. se~e W!!rre'1 Coi.;n ty C)~;c,rly and t°'!lTl"I ~eu; C:hclr1Ce~ t ;:,
''!iuc~@~. A+1 v'ft:tOry w~ havP. vvm ne ,~ '1~ ur,'ess we get a Detter 'prdct!S:$ 1,,..•r,ib, i~
. -'. consi~t'entWfttf JUst1r~ 311d equality.
:(AS I "l~!ltect at CjlfP' last rnee-tlf"'!9, ltruly h~te b~1rig C:t"1~iC~I , : would orye the world to
;not l"!ct,19' W'i~'~t'S re~er Sut t~1!, WG ""'a~ h~~n (:1per,1t,n too 1on . tn ~ fash100
jmwortny or a crtjt%l'1/~t~te t~sk~gr-c~. We "ficve a to t.:;;~ JOO ahe~a , , a:nd ~ust : a-.._;e a
· oroc~s th~t t'l!r1 move for.vard eff1c1enry, ur 111z!r,g <'I!\ av!llab:e r-~sCl)h:e:;, Qtfierwi5P 1
t~-~-J:r:e; r«mta..ottt ~ty_t9.::J:1~r-t'lh Cou 11 ~L.
}Le5ttfi,,i,r~~n~my iongsta"'dtr,g cornr.1a •rts ~"€ ch:i-"acter 1te•::1 t:,y $cme !S j 1t~ede~h'ty:1~~._ --or 1'"1'Cfl!!! -~ ;'1! rer"",,.,d vou :~1~t I ha ve many t frf1es -· vet,bally
,;:~nd irl' wrtt"r"g -· 1!!"td't,,.s-ee Afrlc~r.-Amer!C3!"' 'ec1dP.r'i'-::p (yo urs) Of ~he WG anc:
.:,:-oMMtJrrit~l ·..,mtr:~r:,htp l~ii't f-nak.1n9 dec s1ons 'o -2 gr~~P; . .lt lO~!llYei ;J\.!lilDQ
~,::,eoo+e ~er, toord1riat1ng , t,u1 10,r9 •.3'"'d er-n p.:J'--1(:''";"9 , a-1c r "l akirig 111f:)rme~
~roll.~~~-ft~SO~Ct :s ~~~T:M1~g tha: ::'!.'St be '.''f1a !mainec b~• cons1St4'n t
'~ct1orv!t ~~i', not J1Jst bc!Sed ori th~ pec_;r , or some:tri@'$ staturf! ascnbea py
'!other$. ' '
··\
'.' : ,. ' ' ' .. ' ' ; ' 1 ' ~Mave..vcu ·dr et~1"S W!11 ~h ·nk !~ oart1y or-t::tai1v cr'-:-Jase H' so, I ~elcome yo~r
.:feedt,.d( ..; out !Wiff 0r.li' ente~af"! It In ('.lnt;!•(l!"'•OnP. :j ~CIJSS·oris . ~ha-e's be0n $0 rnuc h
·ef' O!J!'1t,~m; !W rteed to adrt~ess t~l"',g; C0t:ee4 1vp'V •. ev en these fouglhest ~sue:;.
~ ~m cti~~t}'~'fetter to tho~e 'who ~avi:: ('r'l CSt ,,v;tr;e~-s~d eve,.,ts of u,e past 2 ",tea rs ,
~t0n9 wtttT~:·;~e end sorlHf r,ie,.,.,hE',~ of \:C -.v.c.R~J·s boa.-C! of d ir:ectoi-s, r: hop,;,
t-mer'i"~~~-~¢'•.d into t+11t; t!nd tt1~t w@ can avt.iid any publrc atmr.o ot t~.:tSE
'~nt@rnerl l~Ut!S · f woutd hdve i't'T~rf!:h p,.eferr~d ~o z,ir ~hese things :ri a mediated
d i5cun1ori, but you hav~n't ar1o~d that.
6
t:ott!e, yor.rmay ch-case to n~ver SPf.J!k tc me aq<l·r. ,,,,.er this 1€?tt~r, ! wcu1d· r-eQr~t
tt'\at bearu,se ! kr"Ttiw wr. both ar., ~ood Pfi!OP'@ <!re! t:Jf'cau1-~ I b~l1@vil ::!Ur rQlat10~5hip 'S
irr.po~nttb tri• S1JCT:P.SSfuf protectiO'i O' your ::or:r~L,nrty Also because our w¢rk
rogetti*r t'Tas th411 dctQntlilJl to be p~rt of a..., :nir:ic""ta~~ -:.:n·;c:nc,! pra::edi:!nt and a model
ft,r ma~ 'Cth~t cory,mwf'1rt1es strJQgt,ng •or-just1:::e r k now 'r'OlJ have ;.1rcat ,nrnnia-1
~ren9th, so ! h~ you w111 take ari op~n 1001< i'!t w ~a• ! ?."tm sayintJ, ack!:Ow!ed(jf!
.til'term rrrt 01"1 _targtt :a11~ move to c~gtn ('~, n~xt p.,a:r;f.' er wori.; w itn a healthfef"'
~roces~'. , !!i.Jt.1'."Y j.bn is to horie!;'rlY advocate 'or tr-,e ~ieop!P. 0f warren cc, not protect
1ou o, any dMP~aoa1 .
Yow now -ti!~-~ cMU~t:e to pi./1 t'1ls Work ing Gn 'lt.:i'.: -arn:r commurrr:y · together,
rr.nke it str·orr9, JtiSt a1:C Sdc:ce:;;rur !%t a..,y v1nc~y ·,-v e at~leve win forever ra\le o
taint u~tess we pr¢ct@d ~rem t'"''S poir~t tr a ra,,,. J :J j C:qJf'n f"r.Jr\r1P.t, br~~ th~t is
~ns!stei"!t wttti prlt,t1t:f"l!$ 01 ju~t·c~ and ce,..,OclclCr '. a--n ask1ng you to ~tep up,
prcvice !(!?j~ers!"T~p ~r-.1 :i,ctore~5 tt--·e.~~ !55,.H~:; ~.:, t~ev :jo"".~ c,:,nttf"'ue tc1 tm;)ede ou,
wc:irk anriffir~2ttH'I', our cru,nces t~ CIP.a~ uc -:-!ie PC"()/,j 'c-..'..ln landfll!.
{j~
]m W¥ren
... -
MEMORANDUM
Date: June 15 , 1999
To: Wayne McDevitt
Secretary, North Carolina Department of Environment and Natural Resources
From: Ken Ferruccio /~ ~
JW! 1999
Rec 1ved
Waste Management Division
Subject: Response to May 26 invitation to serve as voting member on proposed
Citizens Advisory Board for detoxifying PCB landfill
Thank you for your May 26 letter inviting me to serve as a voting member on the
proposed Citizens Advisory Board.
I am open to new ideas, new formulas, new frameworks. I am open to re-evaluating all
realistic options to resolve problems pertaining to the PCB landfill. I would be happy to
work with you and all concerned, but not within working group or citizens advisory
board structures because they are mechanisms for state and federal control of
decision-making. I must say I find it incompatible with my view of environmental justice
that parties responsible for environmental problems, and who profit from their
continuance, choose members and models for allegedly removing the injustices.
New Decision-Making Process Needed
A new decision-making process is needed for resolving the problem because the citizens
advisory board structure is a function of EPA' s National Environmental Justice Advisory
Council (NEJAC), and EPA is a principal responsible party. The Working Group was a
state and federally controlled decision-making process. The Citizens Advisory Board
would be the same. Nothing about the process would change. The state and federal
government would continue to control the decision-making process through their state
co-chair and through their NEJAC affiliated local co-chair and by appointing the voting
members, and continue to keep unfettered, at-risk local citizen stakeholders a
minority voice, with no chance of becoming the majority. Unfettered, at-risk local
citizen stakeholders are unaffiliated with local, state, or federal governmental
interests, with the interests of principal responsible parties or with partisan politics
at the local, state or national level. The persons and properties of unfettered, at-risk
local citizen stakeholders are directly at risk.
However, it is precisely the unfettered, at -risk local citizen stakeholders who should
be the majority so they can, with the advice of independent scientists, ensure their equal
protection under the law. For they have no interest in dragging the problem out from
decade to decade to protect Governor Jim Hunt, the state, EPA, and Fort Bragg and in
covering up a failed landfill. They want to resolve the problem as quickly and responsibly
as possible through a truly democratic process.
•
Page 2
Not All Stakeholders are Equal in Decision-Making
It is a fundamental principle of environmental justice that people placed
disproportionately at risk should have special standing in all risk-management decisions
to ensure equal protection under the law of their persons and properties. Not all
stakeholders are equal. Those whose lives and lands are directly and disproportionately
impacted by risk-management decisions are the most important stakeholders, must be
central to risk-management decisions and must freely consent, or freely not consent, to all
risk-management decisions with the advice of independent scientists.
However, the NEJAC model preempts the democratic decision-making process for
unfettered, at risk local citizen stakeholders to ensure the lucrative perpetuation of the
problem and avoidance of a permanent solution in exchange for trickle-down benefits to
NEJAC and its environmental justice affiliates.
The decision-making process of the NEJAC model is not a function of the distinction
between direct-risk citizen stakeholders and all other stakeholders. Why, for
example, should the votes of state environmentalists living many miles from the landfill
have the same weight as the votes of those whose persons and properties are immediately
and directly at risk because of their proximity to the landfill? And why should those
with interests related to principal responsible parties be given any vote at all?
All stakeholders are not equal because some stakeholders are not at risk. Therefore,
not all votes should have the same weight in the decision-making process.
Backed by state and federal government (NEJAC), the co-chairs of the working groups
and citizens advisory boards have power to usurp decision-making to themselves at the
exclusion of the membership and exclude authentic community involvement from the
process when economically and politically advantageous to the principal responsible
parties. It is not conducive to NEJAC control for an unfettered, at-risk local citizen
stakeholder to occupy a co-chair position in the NEJAC model, or for an unfettered, at-
risk local citizen stakeholder to occupy a key leadership position to represent the
interests of local citizens. The responsibility of the unfettered, at-risk local citizen
stakeholder in a co-chair or leadership position is to resolve the problem through a
democratic decision-making process heavily weighted toward at-risk local citizen
stakeholders and to ensure that independent scientists and independent oversight
prevail throughout the entire process. Unfettered, at-risk local citizen stakeholders
must be central to decision-making if local interests are to prevail.
The Economics of Reverse Environmental Racism
The PCB Working Group/Citizens Advisory Board in Warren County is simply a
function of the federally institutionalized environmental justice community, centralized,
Page 3
coordinated and focused through NEJAC. The NEJAC nexus has predicated its funding,
and hence its reason to be, on environmental racism.
It is therefore to the economic advantage of the NEJAC nexus to link environmental
problems to environmental racism as a rationale for justifying minority control of alleged
liberation mechanisms such as working groups and citizens advisory boards. Through
minority control of these mechanisms, polluters are protected and environmental
problems perpetuated in exchange for trickle-down economic and political benefits to
minority leaders, to minority communities, and to NEJAC and its justice affiliates
comprising the NEJAC nexus,
The NEJAC model engages local citizens --not in a common enterprise of shared goals
to solve pollution problems, but in a permanent, irreconcilable contest of conflicting
goals, a conflict from which money and jobs are generated, from which constituencies are
built for NEJAC-affiliated minority co-chairs and minority politicians, a conflict from
which support for minority political candidates is won, a conflict from which everything
self-interestedly imaginable is generated but a solution to the problem -funding for PCB
offices, minority secretaries, minority scientists, citizens advisory councils, coordinators,
detoxification appropriations for economic industrial development, etc.
Since NEJAC's economic incentive would seem to be not to emancipate targeted and
sacrificed communities from pollution sources but always to seem to be in the process of
emancipating them in order to generate from them in perpetuity the trickle-down political
and economic benefits, unfettered, at-risk local citizen stakeholders wishing simply to
resolve the crisis as quickly and as responsibly as possible to ensure the protection of
persons and properties are marginalized and kept a minority voice through the politics of
reverse environmental racism, through procedural mechanisms of reverse discrimination.
In fact, the politics of reverse environmental racism has become so lucrative for the
environmental justice community it is inconceivable that justice leaders would ever want
to end it by actually freeing the targeted and sacrificed communities through which the
economy of reverse environmental racism is generated.
Why kill the cash cow contaminating the countryside when you can sell the
contaminated milk from decade to decade, and even involve the victims in fund-
raising efforts to keep the cow alive, perpetuating their enslaved victimization, with
or without their knowledge, to promote NEJAC and its affiliates? However, the
trickle-down economic benefits are paltry in comparison to the actual cost of the
pollution problems. For example, Warren County's poverty rate has nearly doubled
since the landfill was sited, and the poverty rate has risen to nearly 40 %. The
politics of reverse environmental racism is used to control grass-roots environmental
committees.
Page 4
Controlling Grass-roots Committees: The Politics of Reverse Environmental Racism
So, the PCB Working Group/Citizens Advisory Board has been and will continue to be
directed by the state and federal EPA using Warren County's local partisan PAC and
state-wide "grass-roots" environmental justice representatives to ensure that unfettered,
at-risk local citizen stakeholders remain a minority voice with no hope of freeing their
community from the NEJAC moneymakers, from NEJAC's policies ofreverse
environmental racism. In the past, co-chairs have blocked critical information from the
public by planning a press conference, then not showing up, the local co-chair later
arguing that the press conference was racist because they were not there. She has blocked
the flow of information to the public and threatened to thwart the entire detoxification
process if unfettered, at-risk local citizen stake-holders called a meeting in a black
church to brief those most at risk. She cancelled a meeting with U.S. EPA because one
too many western Europeans would have had a place at the table. More recently, although
two unfettered, at-risk citizens have been highly involved with the PCB problem since
December 1978, only one of them is being invited to be a member. This is state and
federal control through the NEJAC model of unfettered, at-risk local citizen
stakeholders, control of their efforts to free their community. Many, many examples
have been documented.
Decision-Making Process of PCB Working Group and Citizens Advisory Board
Controlled bv State/Federally Fettered Co-Chairs
Those in the key leadership positions, the co-chairs, cannot be said to represent the
interests of the citizens of Warren County, but rather the vested interests of the principal
responsible parties. The fettered/unfettered, at-risk local citizen stakeholder
distinction does not structure and has not structured decision-making. One co-chair
of the PCB Working Group, Henry Lancaster, has been a state official, and can by no
stretch of the imagination be said to represent local citizen stakeholders.
The other PCB Working Group co-chair, Dollie Burwell, works for U.S. Congresswoman
Eva Clayton, is an EPA (which is a principal responsible party) NEJAC affiliate, a
former Warren County register of deeds, is allegedly attempting to rebuild a lost
PCB constituency, and is active in partisan party politics. Her political and
economic interests as well as her influence in the environmental community are
linked to vested interests of principal responsible parties.
It is true Dollie lives near the landfill, but as a fettered stakeholder she represents not
only her own local environmental interests but also governmental interests incompatible
with her local environmental interests and incompatible with the environmental interests
of unfettered, at-risk local citizen stakeholders, a conflict quite understandable
because she co-chairs a group of conflicting interests. This is not to suggest that she
Page 5
should not be involved in a key leadership position. Many of her inherent qualities and
capabilities dictate that she should be. But, as a stakeholder fettered to the federal
government, and to partisan party politics, she has made of the process not a
common enterprise involving local citizens and government, but a permanent
irreconcilable contest of conflicting interests and goals.
Dollie's and Henry's exclusion of the democratic process and of fundamental principles
of environmental justice are alleged in a December 11 , 1998 memo to Dollie from state
environmentalist Jim Warren, PCB Working Group member and executive director of
NC WARN. Warren's analysis of Dollie's and Henry's performances as co-chairs of the
PCB Working Group, supplemented with this broader analysis of the environmental
justice community's paradigm for economic and political control of targeted and
sacrificed communities at the expense of their freedom from pollution sources (with
much supporting documentation forthcoming), are documents from which to extrapolate
a strong and persuasive case to the Environmental Review Commission and to other state
legislators (1) that what has been and will continue to be a permanent and irreconcilable
contest of conflicting goals and interests has neither the integrity nor the credibility to
resolve the PCB landfill crisis and (2) that a new decision-making mechanism, and new
framework and formula need to be drafted and implemented if future funding for
resolving the PCB problem is to be forthcoming and if millions more are not to be wasted
using the NEJAC model to avoid legal responsibility for detoxification.
The Loss of Integrity/Credibility: PCB Detoxification Appropriation Based on
Broken Promise to Environmental Review Commission
The loss of the integrity and credibility of the process (many examples of which are
documented on film) must be attributed also to the duplicity the state used to secure the
PCB appropriation from the legislature. It will be recalled that members of the
Environmental Review Commission were understandably concerned about the high 24
million dollar price tag for detoxification, and while they voiced a commitment to the
project, they had valid concerns that a great deal of money would be wasted on the
project. Responding to the concern of Senator Cochrane that the money for the project
might be wasted, and the problem left unresolved, the state's PCB Working Group co-
chair Henry Lancaster stated the following:
Senator, what we have done is, I think, unique in these circumstances. We
hired two scientists to work with this Working Group to do the analysis
on this and then our folks analyzed their analysis. We intend to continue
to have the science advisers on board in a capacity to analyze and
keep us on track in this process.
However, in point of fact, the detoxification expert's contract ended in February 1998. In
May 1998 the state hired him for one day only so he could attend the ERC presentation to
help convince legislators to appropriate detoxification funding.
Page 6
It is now June 15, 1999, and the independent detoxification expert has yet to be involved
in oversight, even though the state has completed Phase 2 of the project and is beginning
Phase 3. The state (the principal responsible party that was to have been a function of
independent oversight throughout the process) instead will decide when (if ever)
oversight will be involved.
Unfettered, at-risk local citizen stakeholders must decide with input from an
independent detoxification expert when independent oversight is to be used. There
would seem to be room for compromise to this extent: Ideally, the decision would be
based on input from both the independent detoxification expert and a state scientist, but
the final decision would be taken by unfettered, at-risk local citizen stakeholders, or
conflict would occur for quite understandable reasons. Some reasons justifying the need
for independent oversight as a function of the decisions of unfettered, at-risk local
citizen stakeholders are as follows:
(1) Without independent oversight, there can be no assurance that the state will not sole
source contracts to drive the price of detoxification up, or through sole sourcing ensure
that the detoxification cost remains at least at 24 million dollars, high enough to
discourage legislative and tax payer support.
(2) Without independent oversight, contracting for BCD detoxification technologies in
an open market to drive the 24 million-dollar price tag down to perhaps 10-15 million
(perhaps increasing the probability oflegislative and taxpayer support) is not likely.
(3) Without independent oversight, there would be no incentive for unfettered, at-risk
local citizen stakeholders to subject their lives and lands to a detoxification experiment
that could pose more immediate health hazards than the landfill.
( 4) Without independent oversight, there would be no way to protect the interests of
unfettered at-risk local citizen stakeholders against the vested interests of the principal
responsible parties.
(5) Without independent oversight, there would be no way to convince unfettered, at-
risk local citizen stakeholders that a mechanism structures the process for ensuring the
protection of their persons and properties, for ensuring their equal protection under
the law.
( 6) Without independent oversight, there would be no way of ensuring that the money
would not be wasted, used for other purposes than to detoxify the landfill.
(7) Without independent oversight, there would be no way to know if the money has
already been used for other purposes, which is precisely why there is not, has not been,
Page 7
and will not be independent oversight throughout the entire process. It 's not about
justice; it's not about detoxification; its about money, power, and control.
Appearance vs. Reality
Through the state's acting co-chairs, the state has been able to give the public and the
General Assembly the appearance that the PCB detoxification project is moving forward
while, in reality, the state is spending, has spent, and will continue to spend millions of
dollars to deny and cover up its failed PCB/dioxin landfill and to stall the detoxification
project until Governor Jim Hunt is out of office, and to ultimately avoid detoxification
altogether.
To reiterate, it's not about justice; it's about centralizing economic and political
control of minority communities through the NEJAC model. It's about the state
and federal government (industrial vested interests) politically and economically
profiting by trickling down benefits to NEJAC and its environmental justice
affiliates to keep poor black and minority communities from emancipating
themselves from environmental injustice. It's about the economics and the politics of
reverse environmental racism. The goal of the NEJAC Justice Nexus Model is to put
its " hands in as many pots as possible."
Process as Great a Threat as Landfill
The above analysis has led necessarily to the conclusion that the NEJAC model is
not in the best interest of Warren County. This model is as great a threat to the
pursuit of truth, freedom, democracy, and justice as the landfill is to the public
health. Under the present conditions, it is as important to dismiss the NEJAC model
altogether and to return the PCB detoxification appropriation to the legislature as it
is to detoxify the landfill and return it to environmental conditions prevailing prior
to its use.
New Negotiation Framework Needed
In addition to a new decision-making process, a new negotiation framework for
resolving the problem is needed because justice and reconciliation through Base
Catalyzed Decomposition (BCD), or through any other detoxification technology
requiring excavation, is not even remotely probable, not only because these technologies
come with a very high price tag but because excavation technologies would reveal the
landfill' s contents and condition, an exposure incompatible with the interests of principal
responsible parties controlling the process. It is as important to expose the inner reality
of the state and federally controlled PCB Working Group and Citizens Advisory
Board (not as a national environmental justice model, but as a national model for
reverse environmental racism and reverse discrimination to economically and
politically control unfettered, at-risk local citizen stakeholders) as it is to expose the
landfill's contents and condition.
Page 8
Conclusions Based on Re-evaluations
I have not reached the above conclusions subjectively and arbitrarily, but through a
painstaking, comprehensive, and in-depth re-evaluation of the fundamental premises on
which I based the environmental justice movements of 1982/83 here in Warren County. I
have also found it necessary to re-evaluate the ideological and historical perspectives
informing the rationale and five-point framework submitted to former Secretary of
DENR (then DEHNR) Jonathan B. Howes in May 1993 for resolving the PCB/dioxin
landfill problem. Furthermore, I have found it necessary to reassess (1) the theory of
environmental racism, an ideology upon which the institutionalization of environmental
justice has been largely based, (2) the studies that allegedly validate the theory of
environmental racism, (3) the studies that allegedly refute the theory of environmental
racism, ( 4) the use of the theory of environmental racism as a rationale for
institutionalizing environmental justice, and (5) the extent to which the
institutionalization of environmental justice has facilitated, or impeded the progress of
grass-roots leaders struggling to free targeted and sacrificed communities from
environmental injustices, especially here in Warren County. These reassessments are still
in progress. My experience as co-chair of the Working Group (1993/94 through 1996)
and my experiences since then have also impelled me to undertake these re-evaluations. I
have tried to be fair in this analysis to all parties concerned.
Deconstructing This Analysis for Racial Bias
I would like to suggest to those who would deconstruct this analysis for racial bias (the
usual response to politically incorrect critiques of minority leadership) that they look at
the facts. Not the myths, not the legends and anecdotes, not the stories, not the narrative
and meta-narrative nonsense soft environmentalists and government officials use to
rewrite history in support of institutional and ideological mechanisms for controlling and
assimilating to the status quo the thought and behavior of grass-roots leaders, but the
facts --the stubborn, unalterable facts, the facts that remain constant from experience to
experience, from documented source to documented source. It's time to look at the facts
from which to draw some conclusions, rather than wasting time deconstructing this
analysis to arbitrarily construct more lies, more legends, more myths and stories. And as
we look at the facts, we should do so compassionately, realizing the complexity of the
analysis is such as to warrant a suspension of judgment concerning such questions as
intent and motive. This is not a conspiracy theory. I'm just trying to find my way and
make sense of it all.
Demythologizing Environmental Justice
Instead of deconstructing the analysis, why not instead demythologize environmental
justice and return it to the liberation methodology it was before it became a federally
institutionalized moneymaking ideology of reverse environmental racism for economic
Page 9
and political control of minority communities through the NEJAC model? Why not return
environmental justice to what it was originally - a powerful instrument for social change,
a powerful liberation methodology for all people, places and times, for all races, colors,
classes, and creeds?
We have lost the universality of our democratic principles. We have introduced
profoundly serious separatist trends undermining the quest for democratic
integration, for completeness, for wholeness. Only by emancipating ourselves from
the separatist ideology of reverse racism and reverse discrimination can we begin to
hope to emancipate the citizens of Warren County from the landfill and emancipate
the targeted and sacrificed communities throughout the state and nation from
sources of pollution threatening their existence. It is not that the model was not
perhaps designed with good intentions. The issue is not so much the intentions, but
where the intentions have led us and what needs to be done to work together as a
county, state, and nation.
Analvsis not Motivated by Racism
I fully expect to be charged with racism because of this critique. However, public
documentation would strongly suggest that where I live, how I live and what I have stood
for and continue to stand for do not reflect a racial motive. In fact, I find myself in
complete agreement with black Harvard intellectual Cornell West when he encourages
political leaders to move from "the narrow framework of racial reasoning" toward the
"prophetic framework of moral reasoning" (Race Matters). My point is that we can
never free the targeted and sacrificed minority communities through an
institutionalized ideology of reverse environmental racism profiting from their
enslavement.
Furthermore, my service to this multicultural community began in December 1978 when
I linked (on state television stations and in newspapers) the state's intention to site a PCB
landfill in the poor, mostly black community of Afton with my commitment to nonviolent
civil disobedience in the tradition of Thoreau, Ghandi, and King. This was the fust time
in history that siting a landfill was linked to civil rights, and between 1978 and 1982 I
linked siting to a multiplicity and complexity of multidimensional and interdisciplinary
criteria and issues and explained why the proposal to site a PCB landfill in Afton could
not meet criteria the public had a right to expect. In 1982, I initiated resistance to the
opening of the landfill and was arrested several times with black civil-
rights leaders and citizens who joined in the marches and spent time in jail.
How Reverse Environmental Racism Became Institutionalized
In December 1982 I formulated an environmental justice (draft) grant proposal for
United Church of Christ Commission for Racial Justice.
Page 10
Extrapolating from a four-year research effort and conclusions I had reached, I
argued for the need to institutionalize environmental justice.
However, the grant proposal did not lead ultimately to the institutionalization of
environmental justice. It led, instead, to environmental racism, to studies exploring
my hypothesis that the proposal to site in Warren County represented a trend
detrimental to poor black and other minority communities of the South -namely,
the siting of toxic, hazardous, and nuclear waste facilities in poor black and other
minority communities. I hypothesized that because of these trends, poor blacks and
minorities were being segregated within dense pockets of exterminating waste
materials and being gradually but inevitably exterminated.
I argued that discriminatory and segregational mechanisms for siting were implicit
in EPA's regulatory framework (procedures for waiving siting regulations and
therefore shifting siting decisions from scientific to political criteria), thus violating
environmental rights.
I argued also that discriminatory mechanisms for siting were implicit in state and
federal waste management laws preempting civil rights.
To ensure the protection of the environmental civil rights of targeted and sacrificed
communities, I argued for centralizing, coordinating and focusing these concerns
through an institute for environmental justice and sent the grant to Reverend
William Land, Charles Lee, and Dr. Ben Chavis. Dr. Chavis was then with United
Church of Christ Commission for Racial Justice. I had met all three during the 1982
demonstrations. Lee later joined the United Church of Christ Commission for
Racial Justice and became the national director of the grant.
Hypothesis Tested: Discriminatory Patterns of Siting Alleged
Following my submission of the grant, former New Jersey Governor Jim Florio and
Walter Fauntroy (who was then in 1982 a black congressional delegate and who had
participated in the demonstrations) sponsored a study which led to a report by the
U.S. General Accounting Office (June 1, 1983). From this report, an alleged pattern
of discriminatory siting patterns in the South was extrapolated and along with a
1987 study of national siting patterns by United Church of Christ Commission for
Racial Justice became the rationale for federally institutionalizing so-called
environmental justice, but which, through the NEJAC model, became the
institutionalization of procedural mechanisms for reverse environmental racism and
reverse discrimination to control for economic and political purposes grass-roots
leaders through economic incentives. It is significant to note, however, that
bureaucrats at EPA are allegedly suppressing EPA studies refuting the theory of
environmental racism, a theory that has hurt both blacks and whites.
I , ..
Page 11
Federal Government Institutionalizes Reverse Environmental Racism Through The
EPA NEJAC JUSTICE MODEL
The discriminatory and segregational mechanisms through which communities are
targeted and sacrificed, and through which they remain sacrificed in perpetuity,
have become procedural mechanisms of reverse environmental racism and reverse
discrimination, implemented through the NEJAC Justice Model to control
unfettered, at-risk local citizen activists fighting for environmental justice at the
grass roots. Not environmental justice was institutionalized, but reverse
environmental racism and reverse discrimination.
From Activism to Negotiation
In response to the state's plan to try to pump contaminated water from the failed dry-
tomb landfill, I initiated and led another civil rights movement in 1983 and fasted for 19
days in the county jail. In May 1993 I formulated the broad justice framework for
resolving the PCB crisis, centering the framework on Governor Jim Hunt's October 1982
pledge to detoxify the landfill when the technical feasibility of detoxification could be
demonstrated ( a pledge backed by a 1983 legislative directive) and submitted the
framework to former Secretary of DENR (then DEHNR) Jonathan Howes. I co-chaired
the Working Group from 1993/94 to 1996 and have continued to keep abreast of issues
and events, even though Working Group meetings have often conflicted with my night
classes and other teaching commitments.
I have served and continue to serve the interests of this multiracial community, neither as
an elected nor as an appointed official, but rather as an independent activist of justice.
The citizens of Warren County know me. To unleash the charge ofracism against me
because of this necessary critique would be to unleash an old dog that just won't hunt. In
short, the people of Warren County know that I have done them some service, and
members of the larger environmental justice community know that I have done them a
service as well. Enough of that. I consider this critique yet another contribution,
motivated not by racism, but by the quest for truth, freedom, democracy and justice for
my neighbors and for all people.
State of Denial Needed to Believe in NEJAC Model and in Reconciliation Through
Justice/Detoxification Framework
A sustained effort of denial concerning the realities is needed to believe (1) that the
NEJAC model will resolve the PCB/dioxin landfill problem and (2) that there is
even the remotest possibility that the formula I introduced to Jonathan Howes in
1993 (the justice-and-reconciliation-through-detoxification framework) can resolve
the problem.
Page 12
Recommendation to General Assembly
This analysis has discussed reverse racism: the use of reverse discrimination against
a minority of unfettered, at-risk local citizen stakeholders attempting to
emancipate the mostly black community of Warren County from a PCB/dioxin
landfill. The irony of reverse racism is that it actually enables the state and EPA to
perpetuate environmental injustices (including environmental racism) which result
in destroying minority communities such as Warren County.
Until a new model based on unfettered, at-risk citizen stakeholder interests is
guaranteed, my recommendation to the General Assembly is to freeze all future spending
for detoxification of the state's PCB landfill, including the present 3 million-dollar
appropriation.
If I can be of further assistance to you in any way regarding the PCB dilemma, to
Governor Jim Hunt, or to the state or federal government, please don't hesitate to let me
know. While I can no longer support the so-called environmental justice model for
reasons stated in this analysis, I would be willing to negotiate a realistic, non-exploitative
framework and help end this epic contest once and for all.
Secretary McDevitt, If you should see Jonathan Howes, please give him my warm
regards. Together, Jonathan (as former Secretary of DEHNR/DENR) and I have been
able to agree on fundamental principles for resolving the problem.
CC: James B. Hunt, Jr., Governor of North Carolina
North Carolina Attorney General Mike Easley
Members of the North Carolina General Assembly
Members of the Environmental Review Commission
Members of the PCB Working Group
William Meyer, Director, North Carolina Hazardous Waste Division
Mike Kelly, Deputy Director, North Carolina Hazardous Waste Division
Frank Ballance, North Carolina State Senator
Eva Clayton, United States Congresswoman
John Hankinson, U.S. EPA Region 4 Administrator, Atlanta, Georgia
Dr. Cornell West, Harvard University, Cambridge, Massachusetts
Dr. Robert Cox, Sierra Club
Members of the ecumenical/environmental community
Local/State/National News Media
. -·· --\':; , ...... _-:;:-_
Mr. Al Cooper, Chairman
Warren County Board of Education
Route 3, box 179-A-2
Warrenton, NC 27589
Dear Mr. Cooper:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
8 ,999
As you are aware, the Joint Warren County/State PCB Landfill Working Group
has been actively exploring detoxification of the landfill during the past four years. The
original mission of this group, to assess the current status of the landfill and select a
detoxification technology, has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB
Landfill, and appoint representatives from several local interests to serve on this board.
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop specifications
for detoxification of the landfill and for the selection of a contractor; and to
determine the support and budgetary needs for the Citizens Advisory Board."
I would like for the Warren County Board of Education to recommend a
representative to serve on this nine-member board. This is a critical time for the
detoxification project, and it is imperative that the county be represented on the CAB.
Please contact Ms. Lori Jones in my office at 919-715-4104 with the name of the county's
representative. I would appreciate having your appointment by June 15 .
Thank you for your continued support with this effort.
Wayne McDevitt
Secretary
P.O. Box 27687. RALEIGH NC 27611-7687 I 512 NORTH SALISBURY STREET, RALEIGrl NC 27604
P HONE 91 9-733-4984 FAX [phone] WWW.EHNR.STATE.NC,US/Ec!NRI
AN EQUAL OPPORTUNITY / AF"FIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST-CONSUMER PAPER
JAMES B. HUNT JR.
o GoVERNOR
WAYNE MCDEVITT
•. ,
•i . -. ..:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
1 JUN 8 1999
The Honorable Harry M. Williams, III, Chairman
Warren County Board of Commissioners
Box 619
Warrenton, NC 27589
Dear Mr. Williams:
As you are aware, the Joint Warren County/State PCB Landfill Working Group
has been actively exploring detoxification of the landfill during the past four years. The
original mission of this group, to assess the current 5tatus of the landfill and select a
detoxification technology, has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB
Landfill, and appoint representatives from several local interests to serve on this board .
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop specifications
for detoxification of the landfill and for the selection of a contractor; and to
determine the support and budgetary needs for the Citizens Advisory Board."
I would like for the County Commissioners to recommend a representative from
either government or health to serve on this nine-member board. This is a critical time
for the detoxification project, and it is imperative that the county be represented on the
CAB. Please contact Ms. Lori Jones in my office at 919-715 -4104 with the name of the
county's representative. I would appreciate having your appointment by June 15 .
Thank you for your continued support with this effort.
Sincere Iv.
Wayne McDevitt
Secretary
P.O. Box 27687, RALEIGH NC 2761 1 -7687 / 512 N ORTH SALISBURY STREET. RAL EIGH NC 27604
P HONE 919-733-4984 FAX [phone] WWW.EHNR.STATE.NC.US/EHNR/
AN E QUAL OPPORTUNITY/ AFFIRMATIVE ACTION E MP~0YER • 50°'o RECYCLED/1 0o/o P0ST•C0NSUMER PAPER
JAMES 8. HUNT JR.
GOVERNOR
WAYNE MCDEVITT
SECRETARY
Mr. Jim Warren
NC WARN
PO Box 61051
Durham, NC 27715
Dear Mr. Warren:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
& \999
I would like to thank you for your service on the Joint Warren County/State PCB
Landfill Working Group. For the past four years the Working Group has assessed the
current status of the landfill and selected a detoxification technology. The original
mission of the Working Group has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB
Landfill, and appoint representatives from several local interests such as education,
economic development, health, emergency management, concerned county citizens,
civic groups, citizens living near the PCB Landfill and others, to serve on this board.
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop
specifications for detoxification of the landfill and for the selection of a
contractor; and to determine the support and budgetary needs for the Citizens
Advisory Board."
I would like to appoint you to serve as one of the nine voting members of the
Citizens Advisory Board. Your continued efforts on behalf of Warren County to work
toward detoxification of the PCB Landfill would be very much appreciated. If you are
willing to accept this appointment. please contact Ms. Lori Jones in my office at 919-
715-4104 by June 15, 1999.
Thank you again for all your previous support with this effort.
Sincerely,
~/1:?L:7~
Wayne McDevitt
Secretary
P.O. S ox 27687, RALEIGH NC 27611 -7687 / 512 NORTH SALISBURY STREET, R ALEIGH NC 27604
P!-,0NE 91 9-733-4984 FAX [phone] www.EHNR.STATE.Nc.us/EH N R/
AN EQUAL OPPORTUNITY/ AFFIRMATIV E ACTION EMPLOYER -50% RECYCLED/10% POST-CONSUMER P<\PER
JAMES 8. HUNT JR.
GOVERNOR
WAYNE MCDEVITT
SECRETARY
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
JUN 8 1999
Ms. Nan Freeland
Natural Resources Leadership Institute
North Carolina State University
Campus Box 8109
332 Nelson Hall
Raleigh, NC 27695-8109
Dear Ms. Freeland:
I would like to thank you for your service on the Joint Warren County/State PCB
Landfill Working Group. For the past four years the Working Group has assessed the
current status of the landfill and selected a detoxification technology. The original
mission of the Working Group has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB
Landfill, and appoint representatives from several local interests such as education,
economic development, health, emergency management, concerned county citizens,
civic groups, citizens living near the PCB Landfill and others, to serve on this board.
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop
specifications for detoxification of the landfill and for the selection of a
contractor; and to determine the support and budgetary needs for the Citizens
Advisory Board."
I would like to appoint you to serve as one of the nine voting members of the
Citizens Advisory Board. Your continued efforts on behalf of Warren County to work
toward detoxification of the PCB Landfill would be very much appreciated. If you are
willing to accept this appointment, please contact Ms. Lori Jones in my office at 919-
715-4104 by June 15, 1999.
Thank you again for all your previous support with this effort.
Wayne McDevitt
Secretary
P.O. Box 27687, RALEIGH NC 2761 ~-7687 / 512 N ORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] WWW.EHNR.STATE.NC.US/EHN R/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION E MP LOYER -S0o/o R ECYC'-ED/1 0 o/c, POST-CONSUMER PAPER
□NORMAL
TO:
Secretary McDevitt's Signature Form _. -
Department of Environment and Natural Resomces
DATE:
RESPOND BY:
PLEASE: Prepare a reply for my signature and return to me.
Reply, noting the letter was referred to you by me. (Copy to Secretary's Office).
Prepare appropriate reply. (Copy to Secretary's Office).
Prepare a reply for the Governor's signature and return to me.
Reply, noting the Jetter was referred to you by Governor Hunt
(Copy to the Secretary's Office)
For your information
Take appropriate action.
Your comments and/or recommendations.
Other Action:
Due date. ___ 4------:'."---M
Requested By:
Written By:
Reviewed By:
(Div/Section)
2nd Review
(Sr. Staff)
Description/
Reason: -
Date:
J hereby acknowledge that this document is accurate and consistent with policy
Date:
I hereby acknowledge that this document is accurate and consistent with policy.
JAMES B. HUNT JR.
: ii,:~V~RNOR -~•·~~1 C .•c• .
~-:. ~,~;J, '._,~'?.
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Mr. Al Cooper, Chairman
Warren County Board of Education
Route 3, box 179-A-2
Warrenton, NC 27589
Dear Mr. Cooper:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
As you are aware, the Joint Warren County/State PCB Landfill Working Group
has been actively exploring detoxification of the landfill during the past four years. The
original mission of this group, to assess the current status of the landfill and select a
detoxification technology, has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB
Landfill, and appoint representatives from several local interests to serve on this board.
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop specifications
for detoxification of the landfill and for the selection of a contractor; and to
determine the support and budgetary needs for the Citizens Advisory Board."
I would like for the Warren County Board of Education to recommend a
representative to serve on this nine-member board. This is a critical time for the
detoxification project, and it is imperative that the county be represented on the CAB.
Please contact Ms. Lori Jones in my office at 919-715-4104 with tqe name of the county's
representative. I would appreciate having your appointment by Jurie 15.
Thank you for your continued support with this effort.
Sincerely,
Wayne McDevitt
Secretary
P.O. Box 27687, RALEIGH NC 2761 1 •7687 / 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE 919-733·4984 FAX 919·71 5-3060 WWW,EHNR.STATE.NC.US/EHNR/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST-CONSUMER PAPER
:--;J·
)
DEVITT. ','.
'.. ~ ... ~· ,~-· t: + ,, ,. :_. ' t~;;']
' . ,!} 1·,-'t':-1
. }:\.·;
. ·'°<--·i
• ~:,~~ •.~L~ ~
I
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
The Honorable Harry M. Williams, III, Chairman
Warren County Board of Commissioners
Box 619
Warrenton, NC 27589
Dear Mr. Williams:
As you are aware, the Joint Warren County/State PCB Landfill Working Group
has been actively exploring detoxification of the landfill during the past four years. The
original mission of this group, to assess the current status of the landfill and select a
detoxification technology, has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB
Landfill, and appoint representatives from several local interests to serve on this board .
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop specifications
for detoxification of the landfill and for the selection of a contractor; and to
determine the support and budgetary needs for the Citizens Advisory Board."
I would like for the County Commissioners to recommend a representative from
either government or health to serve on this nine-member board. This is a critical time
for the detoxification project, and it is imperative that the county be represented on the
CAB. Please contact Ms. Lori Jones in my office at 919-715-4104,with the name of the
county's representative. I would appreciate having your appointment by June 15 .
Thank you for your continued support with this effort.
Sincerely,
Wayne McDevitt
Secretary
P.O. Box 27687, RALEIGH NC 27611-7687 / 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE 919•733-4984 FAX 919·715-3060 WWW,EHNR.STATE.NC.US/EHNR/
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/1 0 o/o POST-CONSUMER PAPER
f
Mr. Ken Ferruccio
Route 2, Box l 63J
Norlina, NC 27563
Dear Mr. Ferruccio:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
'MAY 2 6 1999
I would like to thank you for your service on the Joint Warren County/State PCB
Landfill Working Group. For the past four years the Working Group has assessed the
current status of the landfill and selected a detoxification technology. The original mission
of the Working Group has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB Landfill,
and appoint representatives from several local interests such as education, economic
development, health, emergency management, concerned county citizens, civic groups,
citizens living near the PCB Landfill and others, to serve on this board.
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop specifications
for detoxification of the landfill and for the selection of a contractor; and to
determine the support and budgetary needs for the Citizens Advisory Board."
I would like to appoint you to serve as one of the nine voting members of the
Citizens Advisory Board. Your continued efforts on behalf of Warren County to work
toward detoxification of the PCB Landfill would be very much appreciated. If you are
willing to accept this appointment, please contact Ms. Lori Jones in my office at
919-715-4104 by June 1, 1999.
Thank you again for all your previous support with this effort.
Wayne McDevitt
Secretary
P.O. Box 27687, RALEIGH NC 2761 1-7687 I 51 2 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] WWW.EHNR.STATE.Nc.us/EHNR/
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST-CONSUMER PAPER
JAMES 8 . HUNT JR.
GOVERNOR
WAYNE MCDEVITT
SECRETARY
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Ms. Nan Freeland
Natural Resources Leadership Institute
North Carolina State University
Campus Box 8109
332 Nelson Hall
Raleigh, NC 27695-8109
Dear Ms. Freeland:
I would like to thank you for your service on the Joint Warren County/State PCB
Landfill Working Group. For the past four years the Working Group has assessed the
current status of the landfill and selected a detoxification technology. The original
mission of the Working Group has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their .future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB
Landfill, and appoint representatives from several local interests such as education,
economic development, health, emergency management, concerned county citizens,
civic groups, citizens living near the PCB Landfill and others, to serve on this board.
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop
specifications for detoxification of the landfill and for the selection of a
contractor; and to determine the support and budgetary needs for the Citizens
Advisory Board."
I would like to appoint you to serve as one of the nine voting members of the
Citizens Advisory Board. Your continued efforts on behalf of Warren County to work
toward detoxification of the PCB Landfill would be very much appreciated. If you are
willing to accept this appointment, please contact Ms. Lori Jones in.my office at 919-
715-4104 by June 15, 1999. ·
Thank you again for all your previous support with this effort.
Sincerely,
Wayne McDevitt
Secretary
P.O . Box 27687, RALEIGH NC 27611-7687 / 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] WWW.EHNR.STATE.NC.US/EHNR/
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER · 50% RECYCLED/1 Oo/o POST-CONSUMER PA PER
' -·
·' 'jf. __
DEMR.<< ~f j ,.(.
' .. ~ .... -.-~
JAMES B. HUNT JR
_-GoVERNOR
Ms. Dollie B. Burwell
PO Box 254
Warrenton, NC 27589
Dear Dollie:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
(MAY 2 6 1999
I would like to thank you for your service on the Joint Warren County/State PCB
Landfill Working Group. For the past four years the Working Group has assessed the
current status of the landfill and selected a detoxification techriology. The original mission
of the Working Group has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB Landfill,
and appoint representatives from several local interests such as education, economic
development, health, emergency management, concerned county citizens, civic groups,
citizens living near the PCB Landfill and others, to serve on this board.
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop specifications
for detoxification of the landfill and for the selection of a contractor; and to
determine the support and budgetary needs for the Citizens Advisory Board."
I would like to appoint you to serve as one of the nine voting members of the
Citizens Advisory Board. Your continued efforts on behalf of Warren County to work
toward detoxification of the PCB Landfill would be very much appreciated. If you are
willing to accept this appointment, please contact Ms. Lori Jones in my office at
919-715-4104 by June 1, 1999.
Thank you again for all your previous support with this effort.
Wayne McDevitt
Secretary
P.O. Box 27687, RALEIGH NC 2761 1-7687 / 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] WWW.EHNR.STATE.NC.US/EH NR/
AN EQUAL OPPORTUNITY/ AFFIRMATI VE ACTION EMPLOYER -50% RECYCLED/10% POST-CONSUMER PAPER
JAMES 8 . HUNT JR.
GOVERNOR
WAYNE MCDEVITT
SECRETARY
Mr. Jim Warren
NC WARN
PO Box 61051
Durham, NC 27715
Dear Mr. Warren:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
I would like to thank you for your service on the Joint Warren County/State PCB
Landfill Working Group. For the past four years the Working Group has assessed the
current status of the landfill and selected a detoxification technology. The original
mission of the Working Group has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB
Landfill, and appoint representatives from several local interests such as education,
economic development, health, emergency management, concerned county citizens,
civic groups, citizens living near the PCB Landfill and others, to serve on this board.
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop
specifications for detoxification of the landfill and for the selection of a
contractor; and to determine the support and budgetary needs for the Citizens
Advisory Board."
I would like to appoint you to serve as one of the nine voting members of the
Citizens Advisory Board. Your continued efforts on behalf of Warren County to work
toward detoxification of the PCB Landfill would be very much appreciated. If you are
willing to accept this appointment, please contact Ms. Lori Jones in my office at 919-
715-4104 by June 15, 1999.
•
Thank you again for all your previous support with this effort.
Sincerely,
Wayne McDevitt
Secretary
P.O. Box 276B7, RALEIGH NC 2761 1-76B7 I 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone]B4 FAX [phone] WWW.EHNR.STATE.NC.US/EHNR/
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/1 0 o/o POST-CONSUMER PAPER
JAMES B. HUNT JR.
GoVERNOR
., .· .,, ,~ ~.,
'WAYNEMCO
Mr. Earl Limer
Route 4, Box 413
Warrenton, NC 27589
Dear Mr. Limer:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
I would like to thank you for your service on the Joint Warren County/State PCB
Landfill Working Group. For the past four years the Working Group has assessed the
current status of the landfill and selected a detoxification technology. The original mission
of the Working Group has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB Landfill,
and appoint representatives from several local interests such as education, economic
development, health, emergency management, concerned county citizens, civic groups,
citizens living near the PCB Landfill and others, to serve on this board.
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop specifications
for detoxification of the landfill and for the selection of a contractor; and to
determine the support and budgetary needs for the Citizens Advisory Board."
I would like to appoint you to serve as one of the nine voting members of the
Citizens Advisory Board. Your continued efforts on behalf of Warren County to work
toward detoxification of the PCB Landfill would be very much appreciated. If you are
willing to accept this appointment, please contact Ms. Lori Jones in my office at
919-715-4104 by June I, 1999.
Thank you again for all your previous support with this effort.
Wayne McDevitt
Secretary
P.O. BOX 27687, RALEIGH NC 27611-7687 / 512 NORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] WWW.EHNR.STATE.NC.US/EH NR/
AN EQUAL OPPORTUNITY / AFFIRMATIV E ACTION EMPLOYER -50% RECYCLED/1 0 o/o POST-CONSUMER PAPER
.,. ·v1" !..""5:s,-
,i;,r ~;.,,
~ GoVERNOR
Mr. Massenburg Kearney
Route 4, Box 432
Warrenton, NC 27589
Dear Mr. Kearney:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
I would like to thank you for your service on the Joint Warren County/State PCB
Landfill Working Group. For the past four years the Working Group has assessed the
current status of the landfill and selected a detoxification technology. The original mission
of the Working Group has been fulfilled.
In January 1999, Working Group members met to discuss and determine what
they felt their future role should be, membership of the group, as well as support and
staffing needs. The Working Group suggested that I re-establish the group as a Citizens
Advisory Board (CAB) with a new mission to work together to detoxify the PCB Landfill,
and appoint representatives from several local interests such as education, economic
development, health, emergency management, concerned county citizens, civic groups,
citizens living near the PCB Landfill and others, to serve on this board.
The role of the CAB, which was determined by the Working Group, would be:
"to continue our efforts to help obtain funding for detoxification; to serve as a
liaison to the state on behalf of the Warren County community; to serve as a
liaison to the community; to provide education and updates about PCB Landfill
issues; to lead a community involvement campaign; to help develop specifications
for detoxification of the landfill and for the selection of a contractor; and to
determine the support and budgetary needs for the Citizens Advisory Board."
I would like to appoint you to serve as one of the nine voting members of the
Citizens Advisory Board. Your continued efforts on behalf of Warren County to work
toward detoxification of the PCB Landfill would be very much appreciated. If you are
willing to accept this appointment, please contact Ms. Lori Jones in my office at
919-715-4104 by June 1, 1999.
Thank you again for all your previous support with this effort.
Wayne McDevitt
Secretary
P.O. Box 27687, RALEIGH NC 27611-7687 / 512 N ORTH SALISBURY STREET, RALEIGH NC 27604
PHONE [phone] FAX [phone] WWW.EHNR.STATE.NC.US/EHN R/
AN EQUAL OPPO RTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50~1c, RECYCLED/1 0 o/o POST-CONSUMER PAPER
,
MEMO
DATE: 6/8/99
MIKE/BILL
PAT BACKUS
TO:
FROM:
RE: LEAGIATE PUMPING AT PCB LANDFILL
I've attached a few graphs that I intend to maintain as we continue pumping leachate from the
landfill.
1. Continuous Leachate Pumping at the Warren County PCB Landfill -This graph indicates
the cumulative amount of leachate removed based on the pump controller settings and the
effluent flow check at those settings. The amount to date is approximately 35,000 gallons.
2. Water Level in North Well -This graph shows the manual readings of the water level at the
north well. The lower y-scale number is the level at the bottom of the casing. The previous
average level was approximately 337 ft., about 14 feet of water. The last reading was 331 ft,
a reduction of 6 ft., but still about 8 feet of water remaining. This well is closer to the
leachate pump and may be giving a depressed reading due to a cone of depression from the
pumpmg.
3. Water Level in South Well -This graph shows the manual readings of the water level at the
south well. Again, the lower y-scale number is the level at the bottom of the casing. The
previous average level was approximately 336.5 ft, about 12.5 feet of water. The last reading
was 333 ft, a reduction of 3.5 ft . but still about 9 feet of water remaining.
I think it is best to continue to manually read the level and I have asked Larry to add this
back to his monthly landfill monitoring. In addition, we will check it whenever we go. Matt will
be checking the datalogger system to find out why it is not measuring the level correctly.
If you have any questions, give me a call.
160,000 140,000 120,000 -C'CI -9 "C [ 100,000 -E ::J ll. ... E ct Cl) > .. C'CI ::J E E ::J (.) PMB 80,000 60,000 40,000 20,000 -0 28-Feb -CONTINUOUS LEACHATE PUMPING AT WARREN COUNTY PCB LANDFILL Cummulative Amount Removed ~ ----~-20-Mar 9-Apr 29-Apr 19-May 8-Jun Date 6/8/99 ,.
338 337 336 335 334 333 -332 ~ -Q) > ~ ... Q) ... co 3: 331 330 329 -328 -327 -326 325 324 323 10/12/96 •• 1/20/97 4/30/97 Water Level in North Well Warren County PCB Landfill -•• •1 . -~ -• . -8/8/97 11/16/97 . ~ .... 2/24/98 Date 6/4/98 --. --9/12/98 12/21/98 3/31/99 7/9/99 pmb 6/8/99
338 337 336 --335 -334 -333 -§: 332 Q) > ~ 331 ... G) ... 330 ca 3: 329 -328 327 326 -325 324 12/1/96 3/11/97 ... , Water Level in South Well Warren County PCB Landfill .... • -· • • -----6/19/97 9/27/97 1/5/98 4/15/98 Date 7/24/98 r' -• ·-11/1/98 2/9/99 5/20/99 pmb 6/8/99
~VA
MCDEMR
, JAMES B. HUNT JR.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 2, 1999
Evening Telegram
Classified/Legal Advertising Section
Attention: Marcie
PO Box 1080
Rocky Mount, NC 27802
FAX: [phone]
Dear Marcie:
DIVISION OF WASTE MANAGEMENT
Please publish the following line ad for a job opening in the June 6, June
9, June 13, and June 16 editions of the Evening Telegram. To ensure payment,
send together the bill for the notice and a notarized copy of the notice
(include date it is run) to the following address:
Ms. Pat P. Williamson
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
If you have any questions about the advertisement or the billing, please
contact me at telephone [phone], ext. 337; or FAX [phone]. Thank
you for your assistance.
PPW
Attachment
Pat P. Williamson
Public Information Officer
401 OBERLI N ROAD, SUITE 150, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER · 50% RECYCLED/I 0% POST-CONSUMER PAPER
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 2, 1999
Durham Morning Herald
Classified/Legal Advertising Section
PO Box2092
Durham, NC 27702
FAX: [phone]
Dear Classified Section:
DIVISION OF WASTE MANAGEMENT
Please publish the following line ad for a job opening in the June 6, June
9, June 13, and June 16 editions of the Durham Morning Herald. To ensure
payment, send together the bill for the notice and a notarized copy of the
notice (include date it is run) to the following address:
Ms. Pat P. Williamson
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
If you have any questions about the advertisement or the billing, please
contact me at telephone [phone], ext. 337; or FAX [phone]. Thank
you for your assistance.
PPW
Attachment
Pat P. Williamson
Public Information Officer
401 OBERLIN ROAD, SUITE I SO, RALEIGH, NC 2760S
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I 0% POST-CONSUMER PAPER
~VA
MCDEMR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 2, 1999
Daily Herald
Classified/Legal Advertising Section
PO Box 520
Roanoke Rapids, NC 27870
FAX: [phone]
Dear Classified Section:
DIVISION OF WASTE MANAGEMENT
Please publish the following line ad for a job opening in the June 6, June
9, June 13, and June 16 editions of the Daily Herald. To ensure payment, send
together the bill for the notice and a notarized copy of the notice (include
date it is run) to the following address:
Ms. Pat P. Williamson
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
If you have any questions about the advertisement or the billing, please
contact me at telephone [phone], ext. 337; or FAX [phone]. Thank
you for your assistance.
PPW
Attachment
Pat P. Williamson
Public Information Officer
401 OBERLIN ROAD, SUITE I 50, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I 0% POST-CONSUMER PAPER
JAMES B. HUNT JR.
GoVERNOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 2, 1999
Henderson Daily Dispatch
Classified/Legal Advertising Section
Attention: Gail
PO Box 908
Henderson, NC 27536
FAX: [phone]
Dear Gail:
DIVISION OF WASTE MANAGEMENT
Please publish the following line ad for a job opening in the June 6, June
9, June 13, and June 16 editions of the Henderson Daily Dispatch. To ensure
payment, send together the bill for the notice and a notarized copy of the
notice (include date it is run) to the following address:
Ms. Pat P. Williamson
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
If you have any questions about the advertisement or the billing, please
contact me at telephone [phone], ext. 337; or FAX [phone]. Thank
you for your assistance.
PPW
Attachment
Pat P. Williamson
Public Information Officer
401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I Oo/o POST-CONSUMER PAPER
~VA
NCDEMR
JAMES B. HUNT JR.
GoVERNOR
'' DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 2, 1999
Warren Record
Classified/Legal Advertising Section
Attention: Jennifer Lynch
PO Box 70
Warrenton, NC 27589
FAX: [phone]
Dear Jennifer:
DIVISION OF WASTE MANAGEMENT
Please publish the following line ad for a job opening in the June 9, 1999
and June 16, 1999 edition of the Warren Record. To ensure payment, send
together the bill for the notice and a notarized copy of the notice (include
date it is run) to the following address:
Ms. Pat P. Williamson
Division of Waste Management
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
If you have any questions about the legal notice or the billing, please
contact me at telephone [phone], ext. 337; or FAX [phone]. Thank
you for your assistance.
PPW
Attachment
Pat P. Williamson
Public Information Officer
401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER• 50% RECYCLED/I 0% POST-CONSUMER PAPER
Community Involvement Coordinator,
Warren County
Community Involvement Coordinator for remediation of the PCB Landfill in Warren County.
Community-based organization seeks experienced organizer/developer/project manager to serve
as a liaison between varied stakeholders including federal, state and local governments, project
advisory group, contractors, citizens and the news media. Must have excellent written, oral and
public speaking skills. Must be able to communicate technical information to citizens.
Bachelor's degree required. Time-limited position, 3 years. Salary commensurate with
education and experience. Send cover letter and resume to Community Involvement
Coordinator, PO Box 150, Warrenton, NC 27589.
i=!CTil.l!T'r' REPORT (T>~)
IA b.-q ·) 1 q q q .... -~~--·-·-· 1 5 : .-.. -. LL
9197153605 SOLID WASTE DIU
DATE TIME DURATION REMOTE ID MODE PAGES RES ULT
(16 . (11 09: 19 05' 51" 70487587 18 ECM 11 0. K.
(16 . 0 1 11: 09 0 1 ' 0 0" 9197150166 EU1 2 (I. f(.
0 6. 01 12: 26 00' 38" 1 828 692 1340 ECM 1 (I. f(.
(16. 0 1 1 5: 18 00' 36" 919 715 0357 G3 1 0. K .
0 6 . 0 1 1 5: 1 9 00' 23" 919 716 7085 ECM 1 0. K.
(16. 0 1 1 6: 10 03 1 26n 919 733 9413 63 8 0. K.
(16. (12 (17:48 02' 36" 919 733 9413 G3 E, 0. K.
13 6. (12 (19:46 02' 20" 88282516452 63 3 0. K.
(16. 13 2 (19: 49 02' 09" 9197150166 ECM 5 0. K.
06. 0 2 09:55 00' 00" 95725139 63 0 N. G. 25
06.02 1 0: 0 6 00' 34" 9197150166 ECM 1 0. K.
06.02 10: 15 00' 45" 919 967 8269 63 1 (I. f(.
06.02 1 0: 1 8 10' 38" 704 344 6629 ECM 11 0. f(.
06.02 10:47 00' 00" 89195725139 63 0 N.G.25
06.02 1 0: 48 00' 00" 89105 139 6' ._, 0 tL G. 25
06.02 10: 49 00' 00" 89105725 1 39 63 0 tL G. 25
OE,. 02 1(1: 51 03' 11" 404 572 5139 ECM 8 0. K.
06. (12 13: 28 01' 24" 4045628566 ECM 2 0. K .
06 .02 1 4: 1 0 00 ·' 00" 97150166 G3 0 tL G. 2(1
06.02 14: 1 1 00' 37" 9197150166 ECM 1 0. K.
06.02 1 5: 08 00' 00" 8252257 141 3 G3 0 I tHE F.:RUPT
06 .02 15:09 00' 55" 8252257 141 3 ECM 2 0 . f(.
06. (12 1 5: 11 (10' 00" 89107911338 G3 0 I NTEF.:F.:UPT
06.02 1 5: 12 00' 00'·" 89 107911338 G3 0 I NTEF.:F.:U PT
06.02 15: 12 00' 00" 89107911338 63 0 I tHERRUPT
(16. 02 1 5: 1 3 00' 58" 8252 4300125 ECM 2 (I. f(.
06 .02 1 5: 1 5 00' 36" 910 791 1338 ECM 1 0. f(.
06.02 1 5: 1 7 01' 14" 252 5375411 ECM 2 0. f(.
06.02 1 5: 19 00' 57 " 919 419 6773 ECM 2 0. f(.
06.02 15:21 00' 58" 461484 ECM 2 0. f(.
· Ct~rf ;if~(
7~-tw-WARREN COUNTY HEALTH DEPARTMENT
544 WEST RIDGEWAY STREET
WARRENTON, NC 27589 rJL> TELEPHONE: [phone]
FAX#: [phone]
J_;j,e__
April 30, 1999
MEMORANDUM
TO
FROM
SUBJECT
Loria D. Williams, County Manger CJ !J, /:? J./t//
Dennis W. Retzlaff, Health Director /JJt~ 1/ 1P ~ /i
Update on PCB Working Group Activities
At last night's PCB Working Group it was emphasized several times that the next
several months will be crucial to the success of the project. The Group appreciates the
past support received from your office and realizes that your involvement will be
increasingly crucial in the weeks to come. I volunteered to make you aware of some
particularly time-sensitive items and will be happy to serve you in any way you feel
appropriate in the corning months as regards this effort.
It is crucial to understand that the success of the Working Group activities will not
be measured only by the completion of the Landfill detoxification. Current efforts are
aimed more broadly to assure that county citizens and leaders learn important lessons
about the protection of our environment from the PCB and put these lessons into practice
through responsible, community based environmental development. While there will be
focus on how to develop the PCB Landfill land following detoxification the project will
also address other environmentaly important sites such as our closed Municipal Landfill
and the County Trash Convenience sites. These are truly exciting times for our citizens!
In order to dramatically address community involvement issues the Working
Group, spearheaded by state officials and Cathy Lawrence with the Warren Family
Institute, have secured a grant which will begin to be implemented June 1, 1999. Included
in thi~ project will be the employment of one full-time and one-half time person. At last
night's meeting there was preliminary discussion regarding the possibility of siting these
employees in the CP & L building. I indicated there had been preliminary discussions
regarding the use of the receptionist space but no final decision has been reached. The
Working Group requests that the County consider making sufficient space available
for these employees in the CP & L building. The Group understands that this is short
notice considering a June I starting date.
Another important, but not quite as urgent, concern for your consideration is the
need to encourage the involvement of appropriate county personnel in discussions
MEMORANDUM
Williams
April 30, 1999
Page2 ..
regarding future use of the PCB site. County employees who wight be appropriate
include the Recreation Director, Economic Development Director (already a Working
Group member), Public Works Director and others. It would also be important for
representation from the NC Cooperative Extension and NC Forest Service. Any
assistance you could give in gaining the meaningful involvement of these and others would
be appreciated.
One other item which was just mentioned quickly is that work is underway to
reconstitute the Working Group. If you have not been contacted about this already I am
sure you will be soon. It is my opinion that you and the County Commissioners should
not only have a representative but should have significant input into the appointment of
other individuals who represent various involved constituencies.
Thank you for your continued interest and support in these efforts to benefit
county citizens. Please feel free to contact any of us if you have further questions or
concerns.
CC: Mike Kelly/
Dolly Burwell
Henry Lancaster
Cathy Lawrence
JAMES B. HUNT JR.
. (
I •
t-WAYN~ MCDEVITT t: SECRIETAR~ ; t ~
(: :,vtl.LIAM L. MEYER
~~f DIJtl:CTOR
~}
f~-·1--· ~·
l ,.
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
April 21, 1999
ST A TUS OF THE PCB LANDFILL
DETOXIFICATION EFFORT
WARREN COUNTY, NC
BACKGROUND:
In the late l 970's several thousand gallons of polychlorinated bi-phenyls
(PCBs) were illegal disposed by spraying along approximately 210 miles of state
roadways. Listed as a Superfund site under the US EPA program, the roadways
were dug up and the contaminated soils disposed in an approved PCB landfill
located in Warren County. There was much opposition to the landfill and the
Environmental Justice movement supposedly started at this site.
In 1982, Governor James B. Hunt, Jr., made a commitment to the people
of Warren County that if appropriate and feasible technology became available, the
state would explore detoxification of the landfill. In 1995, $1 million was
appropriated to study detoxification.
The Warren County PCB Working Group (WG) was established and
consists oflocal citizens, state employees and members of various environmental
organizations. This group has been working together in a joint partnership to
explore detoxification.
DETOXIFICATION STUDIES:
With staff from the Division of Waste Management (DWM), independent
science advisors and the WG, an extensive site investigation was performed. This
included installation of monitoring wells, boring into the landfill to extract soils for
testing, and bench scale detoxification studies.
Twelve different technologies were considered. Two technologies, Base
Catalyzed Decomposition (BCD) and Gas Phase Chemical Reduction, were found
to be appropriate and potentially feasible for the Warren County landfill.
Following very rigorous testing using stringent guidelines and treatment goals for
both PCBs and dioxin, it was determined that BCD was the best technology for
detoxification.
401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605
PHONE [phone] FAX 919-715·3605
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER· 50% RECYCLED/I 0% POST-CONSUMER PAPER
The BCD process utilizes non-incineration chemical reactions to detoxify the PCBs and
dioxins/furans in the contaminated soil. Chlorine atoms are chemically removed from the PCB
and dioxin/furan molecules, and replaced with hydrogen, rendering them non-hazardous.
Detoxified soils will be replaced on-site as part of a redevelopment plan for the area. A Phase II,
Preliminary Draft Design Plan estimates the maximum cost to be under $24 million.
CURRENT ST A TUS:
In 1998, $2 million was appropriated to begin the detoxification process using BCD. The
DWM hired a chemical/environmental engineer to be the project manager. A contract is being
issued for the completion of the Final Design Drawings for full scale detoxification. Preliminary
meetings for the permitting activities required have been held with EPA Region 4 (Atlanta) and
Headquarters (Washington) personnel.
EPA is providing funding for a Community Liaison person to work with the local
community in a variety of tasks, and the National Institute of Environmental Health Sciences
(NIEHS) sponsored a Warren County citizen in a Superfund Job Training Program designed to
teach her how to set up a job training program for local citizens so they can be involved and
employed in the detoxification work. NIEHS would also sponsor this activity. Contacts are
ongoing with the EPA Environmental Justice, Superfund and Re-development program personnel,
as well as other groups such as Georgia Tech (for job training and a science advisory role), the
US Soccer Association (support for the re-development of the area), and the Department of
Defense (l O percent of the landfill materials came from Ft. Bragg), as partners and potential
funding sources.
Site preparation work is either on-going or in the planning stages for such things as
utilities (water, power, toilet facilities, etc), road work, boring under the landfill, and a re-
development plan once detoxification is completed. Job training and business opportunities for
minority companies in the area is a priority.
The DWM is currently pre-qualifying companies interested in bidding on the actual
detoxification. The Phase Ill, Final Design, should be completed by September 1999, and it is our
hope to have a RFP for detoxification ready to send out this fall, as soon as the additional funding
is appropriated. The next phase is estimated to cost a maximum of $16 million. Under the
current schedule, a contract could be issued in early 2000, and actual detoxification on-site started
in the summer of 2000. The on-site work is estimated to take 18-24 months.
CONT ACT: Michael Kelly, Deputy Director, DWM
Pat Backus, Project Manager, DWM
Pat Williamson, PIO, DWM
733-4996, ext 203
733-4996, ext 308
733-4996, ext 337
~;t,.,r
~R ~< _:;~ti-·' .. ·-·;
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
April 8, 1999
l\.1EMORANDUM:
FOR: MONA MOON
THROUGH: JANE SMITH
FROM: MICHAEL KELLY
SUBJECT: STATUS OF PCB LANDFILL
Attached are informational papers regarding the PCB landfill in Warren
County. These include:
Current status as of March 1, 1999
Proposed budget for the allocated $2 million
Contact information regarding funding sources other than
state appropriations
Proposed time line for the next 2 .5 years to complete the
detoxification project.
We anticipate being able to utilize the entire $2 million currently
appropriated within the next 12 months. As of the first ofJanuary, I had hired an
environmental/chemical engineer to be the project manager. Since this is her only
project, things are starting to move fairly quickly.
Please call me should you have any questions. My number is 733-4996,
extension 203 .
Thanks for your continued support.
401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/! 0% POST-CONSUMER PAPER
PCB LANDFILL DETOXIFICATION
PROPOSED BUDGET FOR THE $2 MILLION
COJ\1PLETION OF FINAL.DESIGN DRAWINGS FOR FULL
SCALE OPERATION
DIRECTIONAL DRILLING, TESTING UNDER LANDFILL
LINING OF POND FOR USE DURING DETOXIFICATION
SITE PREPARATION WORK
WATER AND POWER
OTHER AREAS THAT CAN BE COJ\1PLETED
USING THESE FUNDS ARE BEING IDENTIFIED
$529,000
$200,000
$50,000
$600,000
$300,000
$321,000
TOTAL: $2,000,000
The next phase of the project (actual detoxification) will require approximately $16 million based
on the original cost projections in the Phase II document It is hoped that this cost will actually
decrease as a result of the bidding process.
OTHER AREAS BEING EXPLORED FOR FUNDING/RESOURCE SUPPORT:
National Institute of Environmental Health Services: funding for job training; have
sponsored a scholarship for a Warren County representative to attend the job training seminar in
April 1999 on how to set up a program for the county (a state representative will also attend).
EPA , REGION 4: has set aside $75,000 per year for three years from their Environmental
Justice program to provide a community liaison staff person and fund community outreach efforts.
The detoxification project does not qualify for "Superfund" monies, as the landfill was the
"solution" to a Superfund site, ie 200+ miles of roadside. Region 4 is very supportive of the
project and will continue to look for funding sources.
BROWNFIELDS GRANT: Warren County has applied for a Brownfields grant to assist in
community involvement, final assessment work at the landfill, and re-development planning; will
know in mid-May if they are successful (applied for $200,000).
DEPARTMENT OF DEFENSE: met with representatives at the Pentagon to discuss available
funds for detoxification (IO percent of the landfill contents came from Ft Bragg); initial reaction
from the Pentagon is that they have no funds available for detoxification.
CAPITOL HILL: contact has been made with congressional representatives through the
governor's Washington office, and a letter of request was being sent to various congressional
committees seeking partial funding for the next phase of the project.
EPA HEADQUARTERS, WASHINGTON: met with various members ofEPA staff
(Brownfields, re-development) in February to look at sources of money to support the
detoxification. They are continuing to seek available funds.
GEORGIA TECH STATE UNIVERSITY: Georgia Tech, through assistance grants from
EPA, can provide support, technical advice (similar to what the science advisors have provided),
and some job training for the citizens of Warren County. The DWM will continue to pursue this
resource.
US SOCCER ASSOCIATION: contact has been made with this organization; they are very
excited about supporting re-development of the property into a public park; they can provide
engineering assistance and design information for soccer fields and perhaps limited amounts of
money; also have contacts with the major sportswear manufacturers who might be interested in
contributing to the re-development project. (For instance, NIKE recently contributed $250,000
to a project in New York.) ·
The EPA and other organizations continue to be supportive of this project, and we continue to
find possible funding sources for various pieces of the project. The environmental engineer
recently hired as the project manager for the state, and the soon to be hired community liaison
person in Warren County, will continue to pursue every available opportunity for such funding.
CURRENT STATUS:
The North Carolina General Assembly appropriated $2 million in 1998 to begin
detoxification of the landfill. This appropriation bill also specified the BCD technology and
cleanup levels of 200 ppb PCBs and 200 parts per trillion toxicity equivalent concentration (TEQ)
for dioxins/furans.
In January I 999, the state hired Ms. Pat Backus, chemical and environmental engineer, to
be the project manager for detoxification.
The state is currently completing the scope of work and contract negotiations with ETG
Environmental for completion of the Phase III final design plan, for full-scale detoxification.
It is anticipated that this final plan will be completed in August 1999.
During the next few months, the state will be pre-qualifying prospective bidders for the
detoxification . Assuming adequate funding is received, a request for proposals (RFP) for the
detoxification will be sent out this fall , and a contract awarded in the first quarter of 2000 .
Depending on a variety of factors, including capabilities of the company receiving the contract,
our plans would include an on-site full-scale demonstration in the second half of 2000, and actual
detoxification taking place by the end of the year 2000. At the current time, it is estimated that
detoxification will take I 8 to 24 months of actual on-site work to complete.
During the balance of I 999, the state will undertake as much work as possible using the
$2 million currently allocated. We anticipate the final phase III work to cost approximately
$530,000. Other pieces of the project, such as site preparation, lining of the leachate pond,
confirmation sampling under the landfill and utility needs, are being identified in order that they
may be completed during the interim time.
On February 16, 1999, Henry Lancaster,_Mike Kelly and Pat Backus met with
representatives of the EPA Region 4 in Atlanta to discuss potential funding support for
detoxification and the permitting required from EPA to do the work.
CONT ACT: Michael A. Kelly, Deputy Director 9 I 9-733-4996, ext. 203
Pat Backus, Project Manager 919-733-4996, ext. 308
Pat Williamson, Public Information Officer, 919-733-4996, ext. 33 7
..
PROPOSED TIME LINE FOR DETOXIFICATION OF PCB
LANDFILL, WARREN COUNTY, NC
JANUARY 1999
FEBRUARY
MARCH
APRIL
JUNE
SEPTEl'vIBER
OCTOBER
NOVEl'vIBER
JANUARY 2000
FEBRUARY
JULY
SEPTEl'vIBER
NOVEl'vIBER
SEPTEl'vIBER 200 l
Hire state project manager
Negotiate contract for Phase III final design
Complete compliance with EPA NON
Meet with EPA, Region 4 and HQ (Washington) to discuss money
Meet with representative staff on Capitol Hill to discuss funding
Meet with representatives at the Pentagon to discuss funding
Meet with EPA to discuss TSCA permit for detoxification
Research funding/resource options for detoxification
Solicit qualification packages from prospective bidders
Finalize contract negotiations on Phase III
Work on confirmation sampling under landfill
Initiate work on other pieces of detoxification (utilities,
site preparation, line storm-water collection pond.)
Semi-annual sampling/testing at the landfill
Issue Phase III contract
Search for local community liaison
Begin RFP process for detoxification
Work to secure funding for completion of project
Hire community liaison for Warren County
Receive completed Phase III document
Send out RFP for detoxification
Pre-bid conference for detoxification, site visit
Select contractor for work
Issue contract for detoxification of landfill
Pilot scale test
On-site full scale demonstration
Begin full scale work
Project completed
Mr. Michael A. Kelly
Deputy Director
DEPARTMENT OF THE ARMY
OFFICE OF THE ASSISTANT SECRETARY
INSTALLATIONS LOGISTICS ANO ENVIRONMENT
110 ARMY PENTAGON
WASHINGTON DC 20310-0110
MAR 311999
Division of Waste Management
Department of Environment and Natural Resources
401 Oberlin Road, Suite 150
Raleigh, North Carolina 27605
Dear Mr. Kelly:
It was a pleasure to meet with you on February 25, 1999, to discuss the
details of the situation at the Warren County Landfill. I appreciate the additional
material you subsequently sent to this office.
It is my understanding that the landfill is operating as designed and that no
hazardous material is being released into the environment. Your letter to the
United States Environmental Protection Agency (EPA) dated March 2, 1999,
states that the leachate collection system is operating properly, and that the
State has come into compliance with the issues originally raised by the EPA.
The Army has examined various ways to financially participate in the
Warren County landfill detoxification project. However, we are not able to do so
at this time. The current situation at the landfill does not amount to a release, or
a substantial threat of a release, of a hazardous substance into the environment.
This is a fundamental criteria for the Army's response action authority under the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA). Because we would not be liable as a responsible party under
CERCLA, we do not have authority to seek payment from the United States
Treasury's Judgment Fund. We also are not presented with a situation in which
the United States would be liable for such a release under our Active Sites or
Formerly Used Defense Sites environmental restoration programs. Although the
detoxification project you are planning is laudable, it does not appear that we will
be able to contribute to its expense.
Printed on @ Recycled Paper
-2-
Thank you again for the opportunity to learn about this situation. We hope
to continue cooperating with you on all matters involving environmental
restoration.
cf:
James McCleskey
Sincerely,
~~
Deputy Assistant Secretary of the Army
(Environment, Safety and Occupational Health)
OASA(l&E)
·--------·~-~--DEf-lR
March 23, 1999
Dr. Jay Tomlinson
NSCU School of Design
109 Brooks Hall, Box 7701
Raleigh, NC 27695-7701
Dear Dr. Tomlinson,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
The Division of Waste Management is pleased to offer its support for the Community
Development Program for the 158 Corridor.
The state is currently involved in the final design phase of a project to detoxify the PCB Landfill
located in Warren County. As you may be aware, the siting of the PCB Landfill in Warren
County was vehemently opposed by the local community who felt the site was chosen because it
was located in a low-income, predominately-minority community. Their opposition was so
strong it received national attention and is considered the birthplace of the environmental justice
movement.
Our ultimate success in detoxification will be measured by our ability to turn an area that has
stigmatized the community for many years into an area that will be embraced and utilized by the
community for years to come. We welcome the assistance of the North Carolina State University
School of Design in working with the community in Warren County to explore alternatives for
the beneficial redevelopment of the site. Just as the siting of the PCB landfill received national
attention, we hope the detoxification and redevelopment effort will receive national attention as a
model for how national, state, and local government can work together with the community.
Again, you have our support for your project and we look forward to working with you when
your proposal is accepted.
Sincerely,
Patricia M. Backus
PCB Landfill Project Manager
401 OBERLIN ROAD, SUITE I SO, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
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1. Abstract Paragraph of Project:
This program will assist the region to the state along the 158
corridor, including Vance, Warren, and Halifax counties, in
developing economic development initiatives and sustainable
communities programs. The program will assist in identifying
strategic focus areas such as downtown redevelopment, historic
infrastructure, visual coherence, community identity, regional
recreation needs, tourism development, regional park plans, and
scenic inventories. An example of some of the work effort might
include digital images that would be employed to visualize design
opportunities and alternatives for the future enhancement of this · ,,
corridor. Community workshops will be utilized to formulate goals · ,!:'--'/
and objectives and to identify and list strategies and focus areas for
intervention with design assistance projects and with efforts from
other departments and disciplines. This will focus University
resources on areas in need of design assistance and will attempt to
employ other disciplines within the University such as the
Department of Parks, Recreation, and Tourism, Sociology and
Anthropology, and Horticulture. Design assistance and grant writing
will be provided through the School of Design and the Design
Research Laboratory. Funding for individual projects resulting from
the workshops will have to be developed with grant writing and local
resources.
~~ ---.
·1 ~✓ 2. Proposal Title:
_.}-_,.,l\-158 Corridor
Community Development Program for the j/
'......... . ,. -· y ·~;·,..-.~ ..• • •·· _.. ......... -
3. Problem or Opportunity to Be Addressed:
The central northern counties bordering Virginia here m North
Carolina, in this century, have been economically and socially
depressed. Much of the economic development enjoyed by the rest
of North Carolina has not affected this region. Many of the problems
relate to ( 1) a lack of resources and (2) lack of the identification of
clear goals and objectives for improving the infrastructure and (3)
the lack of information about the location and condition of existing
resources. A major goal of the project will be to raise broader citizen
awareness about opportunity for community involvement in
im pro veme nt projects , wh ich can affect thei r quality o f li fe . In
working with local leaders we have identified some major objectives
for this progra m and for NC State University in working with small
towns and communities across North Carolina.
~ -~<!. :~~\-~_~·' 1i .,,
i '' ..
4. Previous Experience in Outreach or Extension Activities:
The School of Design faculty and the Design Research Laboratory
have had numerous projects throughout North Carolina that have
involved small town revitalization projects. A recently completed
project for the city of New Bern helped to show how infill
development could be used to improve the environment of a
economically depressed neighborhood.
Blue Ridge Parkway Scenic Corridor Conservation Program
Computer Modeling and Scenic assessment of the Blue Ridge Parkway in
North Carolina and Virginia.
City of New Bern -Neighborhood Visualization Project.
Advanced Computer Imaging of Potential Design Changes To
Neighborhoods.
Design Visualization Technologies and Methods
Advanced Computer Imaging and Simulation of Design
North Carolina River Assessment Program
Design and Management of the NC Assessment Guide and World Wide
Website for the NC River Assessment Program.
Town of Halifax Revitalization Project, Town of Halifax and the NC
Cooperative Extension Service, Developed strategic plans for the Town of
Halifax Revitalization Program, Assessed current zoning and regulatory
practices and initiated revisions, Developed site model for tourism
develop~ent.
The College of Humanities, and Social Sciences through the History
and Sociology departments as well as Humanities
Extension/Publications has experience in conducting public forums,
county culture audits, and video records of archival and other related
activities in Halifax, Lee, Person, Duplin, Sampson, Madison,
Transylvania, Forsyth, Caswell, and Randolph counties.
5. Plan for Interdisciplinary Involvement
This project will involve CES, faculty and students from the College of
Humanities, and Social Sciences through the History and Sociology
departments as well as Humanities Extension/Publications, the
Department ()f Parks Rec reation and Touri sm, Hort iculture, 4H, and
faculty , students, and Extension from the School of Design. There 1s
an excellent opportunity for participation of North Carolina A&T
University through the Community Voices program.
f
6. Collaboration With Organizations Outside The University:
The project will have interaction with the County and Municipal
leadership, the Jacob Holt Foundation and Preservation Warrenton.
Other civic groups and organizations will be included as they are
identified.
7. Plan for NC. State Student Involvement:
'..,--\.' . NC. State University graduate and undergraduate students will be ,;·. :·, •·,.,
employed to assist in the process, as well as conducting surveys, · -.
community audits, economic analysis, and providing detailed design "'-'
information to the counties.
8. Program Objectives
We will conduct workshops, which will involve faculty and students,
local leaders, civic groups, CES, local government and the general
public. These workshops will be used to gather information about
local resources, citizen needs, community goals and objectives.
Objective 1. The evaluation and analysis of the issues and needs as.
defined by the communities and the history and change of the rural
and urban infrastructure of the 158 corridor will be the core
objective. This examination will have a goal of learning how to
maintain and improve the critical infrastructure necessary for the
economic viability of this region.
This objective will be addressed in two phases.
A. Community audits and county wide inventories and evaluations of
problems and resources.
B. Identification and listing of strategies and focus areas for
intervention. The potential topics to be investigated are the
following ones;
1. Issues related to the scenic character of the 158 corridor and
surrounding counties.
,., The community en vironment and the connection between
downtown areas, adjacent neighborhoods and rural areas.
3. Economic activities related to municipalities and the counties and
their connection to the 15 8 corridor area.
I
4. Historic infrastructure, visual coherence, and community
5. Pedestrian patterns, parking, way finding, and signage
identity. ,
6. Heritage tourism potentials.
7. Community awareness, participation, and empowerment.
8. Downtown redevelopment
9. Regional recreation needs and regional park plans.
Objective 2. To generate and document a methodological approach to
conduct similar evaluations of small cities and towns in North
Carolina.
· A. Development of guidelines for community audits and inventory.
B. Assessment of how to make recommendations which can be
implemented by local government, civic groups, and concerned
citizens.
9. Target Population of Program:
Vance, Halifax, Warren County and Communities across North
Carolina.
10. Expected Impact of Project On Problem Opportunity
Identified or Target Population Group:
The expected impact will be to raise citizen awareness about
opportunities to improve the quality of life of their community and
its potential for heritage tourism as well as other economic initiatives
that do not negatively impact historic landmarks.
11. Expected Learning Outcomes For The Faculty
Applicants:
This project will be used to develop a methodological approach to
conduct similar evaluations of small cities and towns in North
Carolina. It is essential for the faculty to develop guidelines for
community audits and inventory and to develop a better
understanding of how to make recommendations which can be
implemented by local government, civic groups, and concerned
citizens.
12. Budoct t,
Total Budget $15,000.00
I
Student and technical support
Materials and Supplies
Travel
$10,00·0.oo
$1,000.00
$4,000.00
13. Other Outreach and Extension Funding Sources and
Pending Proposals.
The Jacob Holt Foundation has committed $2400.00 to provide
landscape design assistance for the Jacob Holt House in Warrenton.
14. Project Evaluation Plan:
The Project will be evaluated by a summary report from the
participants. The School of Design will focus on documentation of
guidelines for community audits and inventory and the development
of written assessment criteria of how to make recommendations
which can be implemented by local government, civic groups, and
concerned citizens.
15. Schedule Or Project Time Line:
The project will begin April. 20th, with initial workshops in May.
Final 2resentations and summ<!f.Y-.. ~re.p.o.rr w.TI[J5~ __ GQID.pk.te.d __ by~ the
first of June 2000. . -~,·-~--........ ' ... ~ ... ·-· _........,
". .., ...... ,-•~--·-----
16. Continuation Funding:
We will be applying for continuation funding of the project to
Cooperative Extension Service, private foundations, state agencies,
and other federal and non federal funding sources.
.J.V • J.V ·0·1 919 i .33 95HJ
LE . ..\.GrE OF MC\I C.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960
Mr. Henry M. Lancaster, II
Director of Intergovernmental Relations
North Carolina League of Municipalities
PO Box 3069
Raleigh, NC 27602-3069
Dear Mr. Lancaster:
MAR 11 1999 . IECEIYED f-t~R 1 5 '999
Thank you for your letter dated December 14, 1998, in which you requested assistance
from the Environmental Protection Agency (EPA) in the State's effort to excavate and treat the
waste currently disposed in the Warren County PCB 1andfiJ1. As you are aware, the landfill was
constructed in 1982 for the disposal of PCB contaminated soil from the right of way along several
hundred mile.s of North Carolina highways. At that time a major share of the cost for cleanup of
the Roadside PCB Spill sil:e, and construction of the PCB landfill came from the Federal
Superfund Trust Fund. The landfill was constructed by the State of ~orth Carolina and is
maintained by the State under a Toxic Substances and Control Act (TSCA) permit. The Roadside
PCB Spill site has been deleted from the Superfund National Priorities List (NPL).
In Augt1st of 1997, EPA issued a TSCA nc-tice tu the State requiring a pla.."1 for Lipgrading
the landfill leachate removal systerr:, ::.nd a contingent plan for replacement of the existing landfill
cover system. The landfill cover replacement was labeled as contingent due to the State's
proposal to excavate and treat the soils in the landfill. Also in 1997, EPA participated with the
State in groundwater and environmental sampling at and around the landfill. Since that time, the
TSCA program staff has cooperated with the State on reviews and approvals that are related to
the State's plan to excavate and treat the PCB-contaminated soils in the landfill. Based on
infonnation available to us at the time, the Warren Cou::1.ty PCB landfill does not cuJTently meet
the ...,..;tc...:a that n•o·1ld -110•-· --~ ... .c.1..e c-up......i:. . .,..i T-·st "C",,,.,..i ·o as~1· ..... --..:..h =·ca··-r:~0-and l l.,}1 U v,, t.:. (11 W ~::,.__ \.a LU . ..J "l;iiUuU lU ~ .!. ..ulU L ~.:,~\!'VIL ._,,,_ Y4l lH.;,
treating the soils in the landfill.
Subsequent to your letter, EPA Region 4 Waste Management Division senior leadership
met with you and Michael A. Kelly, Deputy Director, Division of Waste Management, NC
.· .,,_I?epartment of Environment and Natural Resources (NCDENR) in Atlanta, Georgia on
Fefffuary 16_, 1999. In that meeting, you stated that the State would seek funding from other
sources to pursue the detoxification of the PCB landfill. Also a request was made for Region 4
to participate in an effort to revitalize the community affected by the Warren County landfill by
funding a three year pilot project to support ongoing and long-range initiatives.
lntemst Addre~ (URL) • http://www.epa.gov
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More specifically, you asked ifwe would support the State's efforts in establishing:
• On-site Project Coordinator
• Citizens' Advisory Committee
• Jobs Training Program
• Mechanism for addressing health concerns/issues
• An Environmental Teacher's Institute for local schools
The anticipated cost of this three year pilot is approximately $75,000 per year for the life
of the project. This proposed project represents an opportunity for EPA Region 4 to partner with
the State and the community to address some important issues in Warren County. Also, we
support the State's efforts to determine a viable end-use for the Warren County landfill propeny.
Eddie Wright, Environmental Justice Coordinator for the Waste Management Division will serve
as the coordinator for this initiative. He may be reached at [phone] or
[e-mail].
As we have indicated previously, EPA is willing to participate -with the State in perfonning
limited additional environmental sampling at and around the existing landfill. If 1 can be of any
further assistance, please do not hesitate to contact me or Beverly Hudson at [phone].
cc: :Michael A. Kelly, NCDE~"'R r Regional Administratar
.· . ~.~· .. ,
'.;~ .
lf(j l)t_l.)
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
March 8, 1999
BULLETIN ABOUT THE PCB LANDFILL DETOXIFICATION EFFORT
TO:
FROM:
CITIZENS OF w WN ~UNTY
MIKE KELLY ~~
In an effort to keep citizens informed about the PCB landfill detoxification effort, I
will occasionally send out a bulletin to those living closest to the landfill and other
citizens on the Working Group's mailing list. This is the first such bulletin.
*** As you are aware, we received $2 million from the General Assembly last fall
to begin the detoxification process. We are currently negotiating a contract with
ETG Environmental for the Phase III, final design plans for the detoxification. Mr.
Patrick Barnes, BF A, Orlando, FL, will be working with ETG on this project.
*** In January, I hired an environmental and chemical engineer, Ms. Pat Backus,
to be the project manager for the detoxification. This will be her full time job. Her
phone number is 9 I 9-733-4996, ext. 308.
***Weare now in compliance with the Notice of Non-compliance (NON) issued
by the EPA to the state in August 1997. We are doing all of the required
monitoring and recently installed an automatic pumping system to remove water
from the landfill. The water is being pumped out at a rate of about 1/2 gallon per
minute. It is being filtered through the carbon and sand filter systems at the landfill
prior to being discharged into the pond. The EPA has granted us an indefinite
extension on the requirement for a new cap on the landfill since we are pursuing
detoxification.
*** Last month Henry Lancaster, Pat Backus arid I met with representatives of
the EPA in Atlanta to discuss funding and permitting issues on the detoxification.
Henry and I also went to Washington to meet with representatives on Capitol Hill
and the Pentagon, and I met with other EPA officials at EPA headquarters.
*** We plan to do our next semi-annual sampling at the landfill in April.
* * * Dollie Burwell, Henry Lancaster and I, plan to meet with Secretary McDevitt -
later this month to discuss the PCB landfill detoxification effort.
The next PCB Working Group meeting is March 16 at 6 pm. Please call me at
919-733-4996, ext. 203, if you have any questions.
401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
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LVA NCDEMR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
March 8, 1999
MEMORANDUM
TO: Daria Holcomb
Kathy Lawrence
Nan Freelan
Pat Backus
Mike Kelly
FROM: Pat Williamson
SUBJECT: Job Description for Community Involvement Coordinator
In our phone conference call on Friday, March 5, we agreed that the
following should be included in the job description for the Community
Involvement Coordinator:
Help obtain funding for detoxification of the PCB landfill and
community activities;
Serve as a liaison to the state, the community, and the PCB Working
Group, including
assisting with local contracting/sub-contracting needs,
working with technical advisory group/science advisors as
necessary, and
facilitating job training activities;
Lead community involvement;
Provide education and updates about the PCB Landfill; and
Have strong writing and verbal skills.
401 OBERLIN ROAD, SUITE I SO, RALEIGH, NC 2760S
PHONE [phone] FAX [phone]
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PCB LANDFILL, WARREN COUNTY, NC
TALKING POINTS ON PROPOSED DETOXIFICATION
Detoxification efforts are underway using $2 million allocated in 1998, following
the expenditure of $1 million in the last three years assessing the landfill and choosing
a detoxification technology
Next phase of project will require $16 million for on site work; federal dollars
are crucial to the state's ability to contract for this work
Representative Clayton's support is also crucial to obtaining this money to help
fulfill a promise to detoxify the landfill in Warren County, the birthplace of the
Environmental Justice movement
Failure to proceed with detoxification will cause significant loss of faith and trust
in state government, breaking a promise, and potentially causing civil disturbance in the
county
J.
PCB LANDFILL, WARREN COUNTY, NC
PROPOSED DETOXIFICATION
I) PCB landfill sited in Warren County against the wishes of the people. The Environmental
Justice movement got its start here .
2) Governor Jim Hunt made a promise in 1982 to look at detoxification if and when the
technology was available. In 1994, Secretary Howes, DENR, set up a Working Group in Warren
County to study the feasibility of detoxification and to provide an in-depth assessment of the
landfill
3) Over $ I million was spent studying detoxification technologies and assessing the landfill. A
technology was chosen, and in 1998, $2 million was appropriated to begin actual detoxification.
4) Detoxification is feasible, and it is the right thing to do.
5) The recent court decisions regarding pay back of taxes to retirees may have a dramatic effect
on the available state funds for the project. The next portion of the project is the actual
detoxification process that will require $16 million to select and contract with a vendor. The state
will need this amount to enter into a contract for this phase of the detoxification.
6) The Phase II report for detoxification set the total estimated cost at approximately $24 million,
and took into account worst case scenarios. It also included a $2 million contingency. The site
would be det oxified to levels less than IO times drinking water standards and be available to
Warren County for use with its surrounding property as either an industrial park or recreational
park .
7) The EPA, congressional staff and the DOD have been contacted to see what funds may be
available to support the project. The site does not qualify for "Superfund" cleanup funds as the
site was the remedy to the cleanup of a National Priority Listed (NPL) site (spill along the road
side) It is anticipated that any funds received from EPA will be less than $500,000. The DOD
will notify us within the next two weeks if they have any funds available.
8) The cleanup standards are very strict and will allow the state to walk away from the landfill
without any future liability, maintenance or monitoring. Failure to detoxifiy the landfill may
require a more extensive and expensive cleanup in the future
9) Although the landfill is currently not leaking, it does contain nearly 2 million gallons of water.
During assessment of the landfill, there were indications that the top liner is beginning to fail. The
state is currently under a Notice of Non-compliance from the EPA that may require expenditure
of substantial funds in the future for upgrading the landfill if we do not pursue detoxification.
I 0) Federal participation in the project will decrease the amount necessary for contribution by the
state.
~W'A
NCDENR
JAMES B. HUNT JR.
GovERNOR
WAYNE MCDEVITT J SECRETARY
WILLIAM L. MEYER
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 2, 1999
Ms. Carol L. Kemker, Chief
Pesticides and Toxic Substances Branch
US Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street
Atlanta, GA 30303-8960
Dear Ms. Kemker:
DIVISION OF WASTE MANAGEMENT
Thank you for your letter of December 2, 1998, regarding the PCB landfill
in Warren County, North Carolina. The State of North Carolina has come into
compliance with the Notice of Non-compliance (NON) issued to it by the EPA on
August 28, 1997.
Upon receipt of the NON, the state immediately began to monitor for all
parameters required in the permit. In addition to our monthly monitoring, we are
doing the required semi-annual monitoring, and have completed the upgrade on the
leachate collection system in order to facilitate continuous pumping.
On Tuesday, February I 6, 1999, Ms. Pat Backus and I met with Mr. Craig
Brown and Mr.Winston Lue in Atlanta. Ms. Backus is a chemical/environmental
engineer hired by the division as the project manager for detoxification of the
landfill. We presented data we had collected on water levels in the landfill as well
as rainfall and barometric pressure data. This information helps confirm that water
is not entering or leaving the landfill.
..
The current leachate system is functioning properly. Low yields of water
during pumping is a result of the water content of the landfill being at or above the \
field capacity of the soil , and the sump is recharged slowly.
We have installed a Slider landfill pump in the 6-inch sloped riser from the
sump . This is a pneumatic driven pump capable of delivering 9.5 gallons per
minute at 200 feet of head . The pump will have an automatic control that turns it
on and off based on changes in the water levels in the sump. Conventional flow
meters will not record the amounts of leachate pumped because of the surging
effect, however, we are investigating other means of measurement. Currently, we
pfa.n to pump the water through the sand filtration and carbon absorption tanks. I
have enclosed copies of the lab results from the January sampling for both the
influent and effluent as it was pumped from the landfill and run through the
filtration system. The PCB levels are well below drinking water standards.
401 OBERLIN ROAD, SUITE I 50, RALEIGH, NC 27605
PH0NE919-733-4996 FAX[phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I 0o/o POST-CONSUMER PAPER
Ms Carol L Kemker
March 2, 1999
Page 2
Our future plans depend on the results of pumping. lfwe see an increase in the amount of
water we are able to pump from the landfill as a result of continuous removal, we may install
additional pumps in the extraction wells that were installed in the landfill in 1997. We would also
look at the feasibility of purchasing a new filtration system and holding tank for the filtered
leachate in order to spray irrigate it back on the landfill if sufficient quantities of water are
remo ved.
Thank you for the deferral of the requirement to place a new cap on the landfill. Based on
our data from the past year, it is not necessary to redo the cap at this time, particularly as we
continue our plans for detoxification.
Analytical results for sampling events are being verified by me and other staff, and placed
in our permanent files here in Raleigh . They may be reviewed anytime or copies supplied to you
as requested. I al so will notify the EPA if any changes occur in the various parameters being
monit ored .
We look forward to working with Mr. Craig Brown and Mr. Winston Lue during
det ox ifi cation .
Copy. Mr . William Meyer
Ms. Pat Williamson
Ms Pat Backus
Mr. Craig Brown
NC Department of Environment,
'\. Hulth, & Narural Ruourc~~
Solid Waste Management D1v1&1on
SAMPLE ANALYSIS REQUEST Suite Laboratory of Public Hulth
P.O. Box 28047, 306 N. Wilmington St.
Raleigh, North Carolina 27611-8047
Site Number ______________ Sample ID Number/Name __ l.........:<i_2_'=,.,.,►..._3 ___________ _
Name of Site Pc.B l r Collected By t . fc.. o s ~ ID# ;tr0
Site Location Wa ..-re h Cc., DateCollected I /z, !?'1 Time l I ; 0 S----.,---t,-,_-:..-:.-:..-:..-:..-:..-:..-:..-:..-:..-:..-:..-:..-:..-___ -_-_-_-_-_-_-_-_-_~ _'-:_-_-_-_--,
Agency: Haz.ardous Waste v" Solid Waste __ Superfund TCLP Compounds
Sample Type
Environmental Concentrate
Ground Water (1) Solid (5)
Surface Water (2) Liquid (6)
Soil (3) Sludge (7)
.L Other (4) Other (8)
Organic Chemistry
Comments
.L-i/4.A,,., t-Lee c ~~ I,
Inorganic Chemistry
Inorganic Compounds
arsenic
barium
cadmium
chromium
lead
mercury
selenium
silver
Results(mg/1)
Parameter
P&T:GC/MS
Acid:B/N Ext.
Results (mg/I) Parameter Results(mg/l)(mg/kg) Organic Compounds Results(mg/1)
2,4-D
2,4,5-TP(Silvex)
chlordane
hept.achlor
hexachlorobenzene _____ _
hexachlorobut.adiene
endrin
lindane
methoxychlor
toxaphene
Pc::B~(tol~)
------
FOR LAB USE ONLY
Date Received (-26-~ f w(:;,
Pe4.s:(~
Date Extracted /..i~'-'P
peB9r..M~~
Date Anal I /-;i:;"--99VP
Lab Number
d-tJ£-tf?
990293
DHS 3191 (Revised 12/93)
#C/'1c'le:?.95 --3/ '7 0;?__ 9~
antimony _______ benzene
arseruc
barium
beryllium
cadmium
chloride
chromium
cobalt
copper
fluoride
iron
lead
manganese ______ _
mercury
nickel
nitrate
selenium
silver
sulfates
thallium
vanadium
zinc
pH
conductivity -------TDS
flash point -------
carbon tetrachloride
chlordane
chlorobenzene
chloroform
o-cresol
m-cresol
p-cresol
cresol ~,,,__ _____ _
1,4-dichlorobenzene"',.. . --,---,",------1, 2 -di c hl or o et h an c;, ~ • :::,,~;', ----------1,1-dichloroethylene ' .,0~
d. hi h I ... i::,; ~\l 2,4-1c oroet y ~-:,~-\·~' ~, .,~i'\~'::~----~\--
heptachlor ·c, ' S'S,~~,,.,.-: ,~. --'--'-------
hexachlorobeiiz.ene
hexachlorobut.adifue . , '-~-------hexachloroethane ---..... ... -:_ --
methyl ethyl ketone
nitrobenzene
pentachlorophenol
pyridine
tetrachloroethylene
trichloroethylene
-------
2,4,5-trichlorophenol ______ _
2,4,6-trichlorophenol ______ _
vinyl chloride
endrin
lindane
methoxychlor
toxaphene
2,4-D
2,4,5-TP (Silvex)
"IC Department of Environment, ' Health, &. Natural Resources
Solid Was~ Management Division
SAMPLE ANALYSIS REQUEST State Laboratory of Public Health
P.O. Box 28047, 306 N. Wilmington St.
Raleigh, North Carolina 27611-8047
Site Number _______________ Sample ID Number/Name __ I _'8_2_'-_Lf,__ ___________ _
Name of Site ---'(='--=c'-'{3'""-__ L_f= ________ Collected By l , ~ o s,., ID# -------I CN
SiteLocation wd ► t"°CM, C ~ DateCol!ected '/z '/re, Time / 2 : Do -~-+.-~-------
Agency: Hazardous W a.ste Solid Waste __ Superfund TCLP Compounds ----
Sample Type Inorganic Compounds Results(mg/1)
Environmental Concentrate Comments arsernc -
Eff/1-'.eJ--barium
Ground Water (1) Solid (5) L4:e!cl..t-l-r_ cadmium ---chromium -Surface Water (2) Liquid (6) lead ---
-mercury
Soil (3) Sludge (7) selenium ---silver -._..----Other (4) -Other (8) -
-
-Organic Chemistry Inorganic Chemistry -
Parameter Results (mg/I) Parameter Results(mg/l)(mg/kg) Organic Compounds Results(mg/1)
P&T:GC/MS -antimony benzene --Acid:B/N Ext. arseruc carbon tetrachloride ----2,4-D barium chlordane ---
-2,4,5-TP(Silvex) -beryllium -chloroben.zene
chlordane cadmium chloroform ---heptachlor chloride o-cresol ---hexachloroben.zene chromium m-cresol ---hexachlorobutadiene cobalt p-cresol ---endrin copper cresol ---lindane fluoride 1,4-dichlorobenzene ---methoxychlor iron 1,2-dichloroethane ---toxaphene lead 1, 1-dichloroethylene
✓ iPcss --<o.oooL1fn1 manganese 2,4-dichloroethylene \ --
--mercury -heptachlor
nickel hexachloroben.zene ---nitrate hexachlorobutadiene ---selenium hexachloroethane --
-silver methyl ethyl ketone -FOR LAB USE ONLY sulfates nitrobenzene --
Date Received~~ 2 {:,-t{f ll&-
thallium pentachlorophenol --vanadium pyridine --"?,,t~t> zmc tetrachloroethylene
Date Extracted ·'[_:;...,a?-9?'J/p --
-pH -trichloroethylene
~'(MJ7>-V -conductivity -2,4,5-trichlorophenol
Date Analyzed~F-99-VP TDS 2, 4, 6-trichlorophenol ---flash point -vinyl chloride
Reported By --endrin
lind.ane --Date Reported --methoxychlor
990294 --toxaphene
Lab Number 2,4-D --
--2,4,5-TP (Silvex)
DHS 3191 (Revised 12/93)
MEMO
DATE:
TO:
FROM:
RE:
February 25, 1999
Dexter Matthews Solid Waste Sectio
Jill Burton Hazardous Waste Secti
Jack Butler Superfund Section
Mike Kelly Deputy Director
Warren County Landfill
Time is approaching for the semiannual sam1.J:tt:1f¼W;-1:tr1 e monitoring wells and surface water
pathway at the Warren County PCB Landfill. The last sampling event occurred on October 26,
27. Therefore, the next sampling event is being tentatively set for April 19,20 1999. In the past
Harry Zinn has recruited individuals for each section to assist him on these events, however, it
has been increasing difficult for him to gather volunteers.
I would like you to secure the services of two people from your section to help Harry for
this upcoming sampling event. The people need to be able to sample monitoring wells with either
hailers or submersible pumps. The sampling event has typically lasted for two days, however,
please have the people available for three days in case of inclement weather.
Your assistance in this matter will be greatly appreciated by Harry.
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/.I;~
Zcf
?J:B.
?J~·
r+s February 1 S, 1999
To: /111~ #/y (.:, 19 J 7 IJ -}{,t)S'
From: Ken Ferruccio ,t?;;
·•.,)
Subject: Relpon!e to NC Deputy Director of Hazardous Waste Dtvl1too-
De-p11ty Director Mike Kelly's February ~,. letter coacerain&
ceetthuous pumping of water out of st.stets PCB/Dioxin landfill
°tiYDm« of EUC8: 7
This ol'Wer pa• e ( 1)
R~ to Kelly's letter (3)
Kelly's letter (tl)
Heman Ctar.k'$ letter to Governor Jim Hunt ( l)
To: Mike K.elly, Deputy Director t)f NC Hazardous Waste Division
From: Ken Ferruccio )t}
CC: Govemor Jim Hunt, Members of the PCB Working Group, Indepe:nd.ent Scientists,
News Media
Subject Response to your Fennrnry 5th letter concerning continuous pumping of water
out of the state's PCB/dioxin landfill
........ -·········-n--··•·•···-•-···--------~ ln your letter of .5 Fehn1ary, ynu state your intention to install low velocity pumps, a
filtering system and a leachate holding tank and begin continuous pumping of water out
of the landfill. Ji'>
Contfnuou!I pamplng before full-scale detoxJflcatlon would have very serious
implicatf6n!II h~nu1e: 1t would provide the state with a rationale for clrcunn:entiug
detoxitkatton.
A lthoogh as you state in your letter, HPumping the water out of the landfill has never been
used (hy the state l as an alternative m detoxification,·· th,'. truth is that Heman Clark
(North Carolina's secretary of crime control and public safety during the PCB civil-rights
demonstrations of 1.9812 and in charge of the PCB cleanup) advised in his letter (June 6,
1994) to Governor Hni Hunt that the logical basis for deto xification be removed by
having the water pumped out of'the landfill. In his Jetter, Clark refers to detoxification
as". _ . a shameful waste of much tax money.''
So although the state has not yet publicly stated an intc~ntion to use pumping as an
altornativt~ to detoxifkat.ion, it is a matter of public record that a former official of the
Hunt administration has proposed to Governor Hunt that he do so .
For the PCB Working firoup to approve continuous pumping before full-scale
detoxificatio:n wnu.ld he to protect and promote the v<!sted inten..~sts of the principal
responsible parties (the state. EPA, the Department of the Anny -~ Fc,rt Bl."agg) against the
interests of the people of Warren County.
Furtheirmore, contfouous pumping before ti..1'1-scak (ktoxification would violate ! 993
understandings and preconditfons not only for pumping, but for resolving tho cr:isis
through a w·orking Grbup. Your letter alleges tlwt wal.t:r removal .is needed before the on·
site detoxification process begins (page 2, p11ragraph 2). However, the simultaneity <'.>f
pumping and detmdfication was a precondition stated in rny June t 8, 1993 , memo to John
Humphrey, then. NC DfEHNR official:
One asJject of yesterday's convenrntion needs clarification, lt c«)ncems
the temporal relationship between pumping the conta.mi.n.ated water
oi.1t of the landfill and detoxifying the landfill in its entirety.
If pumping w11ter from the landfill is understood as a nc:cessa:rv
frinction of a comprehensive detoxifi cation methodology that ~ould
neutrnhzc the landfill in its emirety and if the simultaneity of
detoxification and pumping is implicit one requiring the ·otl1er, I
cannot at this time anticipate a confli ct concerning this rnatter
However, if pumping the water from the landfill is understood to be
~l f romediahle] prncess that would precede appropriating fonds for
detoxitfoalicm , that would precede a contractuaJ rdationship with
Page 2
a corporation for detoxifying the landfill in its entirety, that would
precede: the actual initiation of detoxifying the landfill in its entirety,
and that had as its objective rnere!y the decontamination of the water
and sediment , we would have serious problems at that point in our
negotiations.
So even hefore the PCB Working Group was formed, the understanding was that
pumping and full-,scale detoxification W<)tild occur sirnuhaneously , Either the state will
honor this 1.mder~tnnding, or it will not lt cannot have it arnb iguously both wavs as your
letter would have it.
Your letter allege~ thnt water removal hefore detoxification is needed (page 2, paragrnph
2), hut then st.att!s that the actual detoxification process is hc,gin.ning (page 2. paragraph
5) To resolve this an,higuity concerning the temporal relationship betw¢en w~-1ter
removal and detoxification is simply to acknowledge that water removal is not
detc)xification.
The amhiguoutf nature of your letter conceming the temporal rclati(lnship htitwccn water
removal and detoxification is understandable becausr of th e serious implications of
beginning continuous pumping before full --scale detoxificarion.
In a June 10, l ll97, press statem.ent; Dehornh and 1 cauhnned Governor Hunt and his
adminis::tration concerning an EP.AJstate attempt to pllmp hefore detoxification.
Dr Joel Hirschhnm, then one of the indept•ndent scientists fbr the PCB Working Group,
expressed his concern that ..... Taking what I call Banrl -Airl actions, such as dcwatcring
the landfill and fixing the leachate collecticm pumping system, \vould in my opinion
constimte an action making eventual full-scale landfill detoxification highly unlikely"
(June 13 , t 9971 rnerno to PCB Working Group).
ln vnur letter .. vm1 tef~r to mv May 17. 1993, !tatement tc Secretary Howes and tn what. .. .. ,( ..
vou intr.rpret. aq my main cnncern that nn adequate filtrntion system be used for pumping
Actually, my May 17; 1993, statement to Howes propost.~d a rationale and .S~point
framework expresHing severa.1 main concerns . Not the least important concern was
expressed as follows:
'The attlempt to initiate this (pumping] process before a
disinterested scientific assessment ofrisks has been explained
and consented to [by citizens] will be resisted.
Page 3
The Working Group is controlled hy local, state, and fed.era.Uy affiliated Hunt democrats
prom()tjng the vested interests of the principal responsihle parties (Governor fon Hunt,
the state of North Cattilina, EPA, and Fort Bragg) against the interests oflocal citizens.
Until the Working Group functions through an open. honest democratic process with
local c.itizer, stakeholders making decisi(ms with the advice of truly irn.k:pendent
scientists,, recondliaticm through the Working Group is impossible. To quote PCB
Working Group member Jim Warren. "The WG (Working Group] has operated very
inefficiently for a lon.g time, and without ariy sort of democratic process" (Memo to
Dollie Burwell, December 11. 1998).
ln your letter, Mike, you asked for our support . Deborah and I will neither participate in,
nor will we endorse, what has become clearly an undemocratic process.
The trends now are very serious because contin1.10i1s pumping before full-scale
deto-xifica.tio'n means continuous conflict. This conflict is likely to effect significant
changes in the potftica1 status quo here in Warren county and beyond.
: ~ :·,-, __
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Mr. and Mrs. Ken Ferruccio
Route 2, Box 1631
Norlina, NC 27563
Dear Ken and Deborah:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
February 5, 1999
.. ·--~~~~:
,,.,,
I wanted to take a minute to update you on the current status of the PCB landfill
projects as neither of you were at the last couple of meetings.
As you may have heard, we have hired a full time engineer, Ms. Patricia Backus, to
spearhead events with the PCB landfill detoxification. She will devote all of her
time toward the landfill and detoxification.
Yesterday, we met with ETG to discuss a Phase III contract and scope of work.
We will be negotiating a contract with ETG for this work. Jim Warren was
present for part of the meeting, and Dolly Burwell for most of the day. Patrick
Barnes was present as well. Patrick has been discussing options with ETG that
would allow BFA to take the leading role in the engineering aspects of the project.
We are also exploring the feasibility of having certain deliverable items, such as site
preparation, lining of the stormwater retention pond, etc., put into the Phase III
contract, and allowing ETG to bid out, help us select a contractor, and oversee the
construction of these phases of the project, thus efficiently using the current
available funds.
I also wanted to discuss our work on the EPA non-compliance order. EPA has
given us a reprieve on putting a cap on the landfill in light of the detoxification
process. We still need to meet our permit requirement to pump water out of the
landfill. As you know, we do monthly monitoring of the landfill, and at that time,
pump the available water out of the leachate collection system and put it through
the sand filter bed and carbon filter system. We take water samples of the influent
and effluent and test for PCBs.
In the near future, it is our intention to install low velocity pumps, a filtering
system and a leachate holding tank, and begin continuous pumping of the water
out of the landfill. Pat Backus and I will be meeting with EPA later this month to
discuss our plans.
401 OBERLIN ROAD, SUITE I SO, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER • 50% RECYCLED/I 0% POST-CONSUMER PAPER
Ken and Deborah Ferruccio
February 5, 1999
Page 2
I am certainly aware of your position on this issue, and therefore ask that you share with me your
specific concerns in order that we may work to resolve them. Pumping the water oui i,fflJr.
lam(fill has never been used by us as an alternative to detoxification, yet it can be beneficial to
the BCD process.
The funding for this task will not come from any monies allocated to the detoxification project.
The process for water removal will be very slow because the water content of the landfill is at or
above the field capacity of the soil and would not be practical to begin once we start the on-site
detoxification process. The system would also be in the way of the soil excavation.
I think we would all feel better if the entire funding for detoxification was "in the bank," but we
must continue to work together with what we have. Points of disagreement need to be discussed,
and your true concerns brought to the table. I hope that we can discuss your concerns and reach
an agreement.
In Ken's May 17, 1993, letter to Secretary Howes, the main concern was verification that a
filtering system adequately removed PCBs prior to spray irrigating water back on the landfill. We
have lots of data that will confirm this based on what we have been doing during the past several
years. A new system will be far superior to the current one, and include a holding tank that can
be tested prior to any discharge. If you have additional concerns, please share them with me.
We need your support, but we also need to move forward . We plan, as directed by the EPA, to
begin removing water from the landfill. I am certainly willing to work with you to resolve your
concerns, but I cannot ignore or stop processes just because you may disagree with them. The
actual detox(fication process is beginning. You both have worked long and hard to help get to
this point. Although we are not where we want to be, we are the closest we have ever been.
Let's work together to get it finished!
I look forward to hearing from you.
CC: Dolly Burwell
Henry Lancaster
Warren County PCB files
Deputy
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PCB WORKING GROUP Fax:[phone] Feb 1 '99 15:09 P.01
JOINT WARREN COUNTY/STATE PCB LANDFILL
WORKING GROUP
7 20 RIOC~WAY STREET
WARRENTON, N.C. 27589
PHONE 252-257• I 946 -FAX 252-257• 1000
DOLLIE IS. lJUJtRU,
HENRY LANCA.8f1!/t
FAX COVER SHEET
TO: Henry Lancaster 919-733•95 l 9
Tommy Cline 919-733-1431
Dennis Retzlaff 252-257-2897
Nan Freeland 828-255-7953
Jim Warren 919-493-6614
Dollie Burwell 252-257-2088
Ken/Deborah F erruccio 252-257-2604
Daria Holcomb 252-257-5399
Bobbie Riley 252-431-1453 --Mike Kelly 919-715-3605
DATE: January 29, 1999
#PAGES: 4 (including cover sheet)
Working Group Members,
Please find a meeting announcement and a copy of a letter to Secretary McDevitt that was
discussed at the December and January meetings.
PCB WORKING GROUP Fax:[phone] Feb 1 '99 15 :09 P.O2
~Meetin2 Announcement
The Joint Warren County/State PCB Landfill
Working Group will meet
Tuesday, February 23, 1999 at 6:00 p.m.
in the conference room of the
Warren County Office.
Agenda Items:
A) Contract with ETG
B) Federal Contact
C) Legislative Outreach
D) Secretary McDevitt Update
Joint Warren County/State PCB Landfill Working Group
720 Ridgeway Street
Warrenton, North Carolina 27589
January 25, 1999
Mr. Wayne McDevitt, Secretary
NC Department of Environment and Natural Resources
PO Box27687
Raleigh, NC 27611-7687
Dear Secretary McDevitt:
For the past four years, the Warren County/State PCB Landfill Working Group has
worked toward determining the current status of the landfill and obtaining full funding for
detoxification of the PCB-contaminated soil in the landfill. We have had the assistance of
outside science advisors, as well as $1 million provided by the General Assembly to help with
these tasks.
While members of the Working Group feel we have traveled far along the road toward
detoxification, our journey is not yet finished. Full funding for detoxification is still needed, the
phase 3 full-scale plan for detoxification must still be prepared, and a contractor selected for
actual detoxification.
On January 7, 1999, Working Group members met to discuss and determine what we felt
our future role should be, membership of the Working Group, and our support and staffing needs.
The following is our proposal for your consideration.
Mission:
Role:
Membership:
Work together to detoxify the PCB Landfill.
We would like to continue our efforts to help obtain funding for detoxification; to
serve as a liaison to the state on behalf of the Warren County community; to
serve as a liaison to the community; to provide education and updates about PCB
Landfill issues; to lead a community involvement campaign; to help develop
specifications for detoxification of the landfill and for the selection of a
contractor; and to determine the support and budgetary needs for the Citizens
Advisory Board.
',
We suggest having representatives from the following local interests to serve on
the Citizens Advisory Board: education, economic development, health
specialist, emergency management, environmental organization, elected county
official or his/her representative, civic group, concerned county citizens, and
citizens near the PCB Landfill.
Mr. Wayne McDevitt, Secretary
Page 2
January 25, 1999
Needs: In order to accomplish the role of the Citizens Advisory Board, we need
secretarial support; office space, supplies, and equipment; a community liaison
hired; and technical support from science advisors or others on an as needed basis.
We would like to thank you for the opportunity to have input and be a part of the process
to detoxify the PCB Landfill. This issue has been an area of concern for the citizens in Warren
County for nearly 20 years, and we very much want to continue our efforts with the state to
detoxify the PCB landfill.
In light of the convening of the General Assembly, we would like to meet with you in the
very near future to discuss our continued working relationship with the state and Warren County.
Henry Lancaster will be in contact with you to set a meeting date.
Dollie Burwell
Co-Chair
Sincerely,
Gil~•~•y ~l~~~
Henry Lancaster
Co-Chair
pCB WORK ING GROUP Fax:[phone] Jan 13 '99 17:04 P.O2
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-. -.•
~ Meetin2 Announcement
The Joint Warren County/State PCB Landfill
Working Group will meet
Monday, January 25, 1999 at 6:00 p.m.
in the conference room of the Warren
County Office.