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HomeMy WebLinkAboutNCD980602163_20000223_Warren County PCB Landfill_SERB C_Secretary - Governor Correspondence, 1978 - 2000-OCRJAMES B. HUNT JR. GOVERNOR STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR 20301 MAIL SERVICE CENTER• RALEIGH, NC 27699-0301 February 23, 2000 Ms. Dollie Burwell, Chair Citizens Advisory Board, Warren County PCB Detoxification-Redevelopment Project 720 Ridgeway Street Warrenton, NC 27589 Dear Ms. Burwell: NC SCHOOLS 1=1rz.sr IN AME(l.1~1\ 2 0 I 0 Thank you for your January 20, 2000 letter on the Warren County PCB Landfill Detoxification-Redevelopment Project. I am still as committed to the detoxification of the PCB landfill in Warren County as I was last July when we last met to discuss its progress. It is unfortunate that this state has experienced the worst natural disaster ever recorded with Hurricane Floyd and its subsequent flooding, followed this winter by two weeks of winter stonns. These disasters have placed a tremendous strain on the physical and financial resources of this state. Many state programs and capitol budget items planned for the next two years gave up funds to support the financial needs created by these disasters. Some of the funds previously set aside for the detoxification project were used in support of the hurricane relief package. However, we still have nearly $8 million set aside for the project, pending receipt of some federal matching funds. It is critical that the Citizens Advisory Board work with the DENR staff and other contacts, such as Congresswoman Eva Clayton's office, to pursue federal matching funds immediately. In light of the funding situation, I have asked the Department of Environment and Natural Resources to aggressively pursue other options, including a phase-funded approach, to the detoxification of the landfill. This will allow the department to enter into a contract to begin the detoxification project as soon as possible using the funds currently available. I have also asked my staff to continue to make this project a priority, and to keep me informed of their progress. I will continue my efforts to achieve our goal of detoxification . Thank you and the other members of the Citizens Advisory Board for the hard work you are doing. My wannest personal regards . JBH:mak CC: Secretary Bill Holman ----~ cerely, • James B. Hunt Jr. LOCATION: 116 WEST JoNrs SmEET • R.\I.EIGII. NC 27699-0301 STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR Mr. J. Parker Barbour III 2053 Edgewood Avenue Burlington, NC 27215 Dear Mr. Barbour: September 28, 1998 Thank you for your facsimile seeking my support for cleanup of the Warren County PCB Landfill. I requested $15 million in my 1998-99 budget proposal to the General Assembly for detoxification of the PCB Landfill using the BCD treatment technology selected by the Warren County PCB Working Group. However, budget approval for this request is in the hands of the Legislature. I appreciate your interest in this issue. My warmest personal regards. JBH/wlm cc: William L. Meyer, Director Division of Waste Management Sincerely, James B. Hunt Jr. Offices of the Governor James B. Hunt Jr. Governor Correspondence Unit 733-5811 To: DENR Issue: ENV/Landfill Attn: Rosalind Kamara Building: Archdale Room: 1419-D Phone: 5-4153 Email: Name: J. Parker Barbour, Ill Title: Organization: Address: 2053 Edgewood Avenue Burlington NC 27215 County: Alamance Phone: Case Details: Country: USA Email: Fax requesting that the Warren County landfill be cleaned up. __ Special Priority -Immediate Reply __ For your Information I Copy and Return Other ~Prepare reply suitable for Governor's signature and return. Case Number: 1011702 Date Initialized: 8/19/98 Respond By: 9/9/98 Returned: Closed: __ Acknowledge stating Governor's referred -Return letter and copy of constituents letter. __ Draft reply suitable for secretary or agency head signature and return to Rm. 1091 Admin. Bldg Received By: Date: Action Taken: Remarks: J.PARKER BARBOUR Ill 2053 EDGEWOOD A VENUE BURLINGTON, NC 27215 336-538-1124 SEND TO GOVERNOR JIM HUNT RALEIGH, NC 919-715-3175 l .... x __ __,I Urgent Total pages, including cover: COM:tvfEN""TS □ ReplyASAP 7113198 336-538-1124 D Please comment D Please review PLEASE DO WHAT YOU CAN TO HELP THE PEOPLE OF WARREN COUNTY MIO HA VE ALREADY BEEN 'DUMPED' ON. DON'T LET OUR LEGISLATURE SLIGHT THESE PEOPLE ANYMORE. LET'S DO THE RIGHT TIIlNG AND CLEAN UP nns :MESS PROPERL y \VE HA VE A BEAUTIFUL STATE. LET'S NOT RUlN IT. THANKS. JAMES 8. HUNT JR. GOVERNOR Mr. and Mrs. Ken Ferruccio Route 2, Box 163-J Norlina, NC 27563-9625 Dear Mr. and Mrs. Ferruccio: STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 September 28, 1998 Thank you for providing me with a facsimile of your response to the News & Observer article by Dr. Jerome Weber and Dr. Ross Leidy concerning the Warren County PCB Landfill. I appreciate your continued interest in the landfill and hope that the General Assembly will provide an avenue for detoxification. My warmest personal regards. JBH/wlm cc: William L. Meyer, Director Division of Waste Management Sincerely, James B. Hunt Jr. Offices of the Governor James B. Hunt Jr. Governor Correspondence Unit 733-5811 To: DENR Issue: Budget Attn: Rosalind Kamara Building: Archdale Room: 1419-0 Phone: 5-4153 Email: Name: Mr. and Mrs. Ken Ferruccio Title: Organization: Case Number: 1004732 Date Initialized: 4/3/98 Respond By: 9/1/98 Returned: Closed: Address: €1iepcl ofthc Southern Llgl,ts ~d~~-.9e11te POBOX913 -;e'~....1/~/p:?-;f' ;D.larreflton-~ NC ~7589 ;l,75",3-f°?t:l~ Counfy:-Wa~~.~v~--Count~~USA _______ _ Phone: Email: Case Details: RE: Separate Line Item for $250,000 Needed for Continous Independent Oversight in PCB Detoxification Budget. 6/8/98 2nd ltr. 8/12/98 -faxes responding to argument by Jerome Weber , Crop Science, NCSU that the State is to delay action at PCB landfill. __ Special Priority -Immediate Reply __ For your Information / Copy and Return Other ~ Prepare reply suitable for Governor's signature and return. __ Acknowledge stating Governor's referred -Return letter and copy of constituents letter. __ Draft reply suitable for secretary or agency head signature and return to Rm. 1091 Admin. Bldg Received By: Date: Action Taken: Remarks: ., --.. •·r i i To: Governor Jim Hunt rr.» From· Ken Ferruceio (Q10) 267~2604 ~ Date: August 9, 1998 Subjset: RNponM to racent argument In "-W• And ObNrv•r t~at atate delay action It PC■ t1ndflll NLmber ci Paga•1: 7 Thia cover page ' A 4-page responee to the argument by Jerome B. Weber, professor of er;· science at N.C. State, and Ross B. Leidy, profeuor of toxicology at N.C. State Univer , that action on state's F>CB lanclfHI be delayed because of misconceptions the need of knowledge Involving prtnctptn ot bloavallability and toxicity (see ": Ooes PCB site need big cleanup?" Thi News And Observer, August 7, 1998 ) : ' A 2-paga statement concemlng the significance of Weber's past lnvolvemet,t concerning PCB issue j _T _____ --·. i To: The News Media for Immediate ?ublication, State/EPA Officials 1 ~ From: Ken Ferruccio, Citizen of Warren County Concerned About PCBs """"'7"--.~~ Date: August 9, 1998 Subject: Anponse to or. Jerome Weber and Dr. Ross Leidy concerning Landfill Jerome B. Wflk»r, professor of crop acience at N.C. State University, and Leidy, proftsaor Of toxicology at N.C. State, recently argued that the state hould delay further action concerning "the PCB-laced soil storage site in Warren Cou ty" because Of •miseonceptions• and" the dire need of knowledge invotving principles bioavallatffly and toxicology.· and made three suggestions to Which I wo respond ( -" OnM PCB site need big cteanup?"Tho News and c,t,.4tAft.l ... 1998). l SUggeatton 1: Determine the toxicity of the PClla by quantlfylnQ their preNnce 1n llvtng organlema. I If we delay cteto>Cffleatlon until we can quantify the presence of PCBs in llvtng organieme, Will we have waited too long? How do we detQxlfy livt organtsms? Furthermore, studies focusing on the kinds of PCBs In tM la tocatiOna and htvllts of toxicity (based on chemical analySls rather than on quanttficatton of PCBs In living organisms-the preferred technlQue of W ! to determine toxicity) have already been conducted with sampling data q lity anatyract and quality controlled. The PCB Working Group, consisting of ste offlcla18, independent scientists, local ctttzens, and state environmental organizatl have already been through two site lnvestl~tlons and two technical fUSlbllity s its. ConclusiCJns: (a) About 30 ttiousand gallons of water a year is entering the andflll and aoout 28 thOUSanct ganons of water a year is leaving the landfill, (b) It is nieaffy feaaible to detoxify It, and (c) BCO (Base Catatyzed Decompo&itlon) sh0uldl!>9 implemented. Abr five years of dlacussion and analysis, the PCB Working f roup has rightfutty concluded that It's time to detOxify. I Weber and i..tdy a1ll19 tnat .. The flrat que1tlon that ahould be ••keel about the toxicity (btoavall1blllty) of PCB In the aoll In the Wa,ten County 11te ta • II the PCB blologlcally avallable?'" , The first .., rttnc I techntcal questton Is what chemicals does the landfill entirety'? At INat 10% or the content8 or the landflll ts ur1(nown, more than tructcloadl of waste having come from Fort Bragg. Tetra Dioxin (the cheml used in Agent orange) has been lound In groundwater monitoring wells. How did Ti tra get into the groundwater? What else 11 In the landftH? How will we know unleat excavate and detoxify? ~ i To be loglcalty conatetent with their position, Weber and Leidy would need t~teat to find out if Tetra Oto~in Is btotoglcally available to llvtng organisms. Suppose at scienttsts conclude on the basts ~ tNt data that Tetra is not biologically ava . able to l Page 2 living organisms in the groundwater at the Warren site. Would you drink t~ groundwater? Is It not reasonat>le to speculate that there are many Vietnam veterans who would not? So what would be the point of the study? Dio)(in would sti, be in groundwater in exoess of federal limits and legally requiring a cleanup. \ The authors1 position that yet another study is needed misses the point thi' the state's detoxtftcatk>n commitment to the people or warren County is not continge upon quantifytng the presence Of PCBs in living organisms but on demon ating the technical feaslbility of detoxification. t ' I The first legal question is wt'tether a documented social contract (written commitments by Governor Jim Hunt, the General Aaaembly, and DENR to the people of ~anen County that the PCB landflH would be detoxified when technically feasible)! is binding in the state CA NOffll Carolina and whether it enhances the integrity and cr~ibllity of the state at the 11th hour to Introduce alternative proposals (transporting ti,, materials to Utah; further studies, etc.,) obvtousty meant to undermine public support :,Or funding detoxification and to violate the detoxification commitment under the guise pf responsible leadership. Slmpty put, When the Governor of North Carolina, fle General Assembty, and the Department ct Natural Resources predicates the future qr a county on the intlgrtty of Its word, on the integrity of its promise, that word, that pro'1isa, means Just about ewrything to the people of that county, Strong leaders, 1.-s of character, r1 lnt&grtty keep their word; leaders lacking theee eharacteriatie6 ~ not. 1 Other tegal questions abound. For example, Why Is atoXin sUII present in ~ groundwater monitoring wells in excess of federal limits and therefore in : noncomp11anoe wttn federal reguIat1on1? Who authorized the construction ~ the landfill without a leachate coHection system consisting of petf orated pipes ~- that the landftH never functioned property? Who authorized the capping cf s dry tomb landfill with hundreds of thouMnda of gallons of water in it? How has state been able to remain in crtmtnal noncompliance regarding the status of this ndflll since 1982? \ ' Suggestion 2: Examine the soon-to-be published EPA dlapoul ; regulatlana for PCB. \ Why'? l1c1M1H .. . . . the Envlronmental Protection Agency wm aopn publllh new ••• atrtngent PCB dl1poeal regulatlon1 expected t~ reduce annual Gllpolll COiia by $178 mllllon dollara." \ Why shOuld we watt for even less strtngent PCB disposal regulations than t110ae that praeentty facttttate the use of such intrlnstcalty inadequate sites as the one it,\ warren County? The 1982 PCB demonetrattons were largely a response to EPA's tqrmulation of te1s stringent regulations, regulations so flexible, so infinitely modifiable ff not to be considered regulations at all, but rather mechanisms factlltatlng the acquisititln rA ------,.. Page 3 ' sclentificalty inadequate but potiticaffy possible sites . Less stringent regul4tions will !sew targeted and saamcec:t communities even less protected than at pr.nt. Do Weber and Leidy believe that there is a positive correlation between less tlngent regulations and stronger protection of groundwater, environmental quality, ianci the public hMtth? The envtronmental justice movement emerged precisely bepau• of EPA's relaxation of environmental regulations concerning site selection. ~ relaxation of envtronmentat standards In the 1 seers enabled the state to take the Warten site, and the relaxatton of standards in the 1990's will enable the state to keep 1· i Suggeetlon 3: .. • taak force at 11elentl•t• with knowledge •p=11 · ble to th• eltultton, and free from flnanct11 gain• to be madt by decl one rendttnld ehoutd be appointed to advlff and to make recom d1t1ona that ■re envtronmtntally ut• and economleally aound." ·; ; i The authors haw not astabll•hed the need for such a task force. They ha1uit• arbitrarily attrbJted the eonetuslons of the PCB Working Group to miscon tions and have implied a lack d integrity regarding its Independent scientists. But Ina of presenting evtdeno8 that the PCB Working Group's conclusions are biased by self• interest and baled on miacona,pttons, the authOrs oner their own biaSas afld misconceptions • tor example, that BCD is not a more safe and effective so~ion than otners, such as incineration. However, they cite neither studies nor aiteria. ; Furthermore, a conaidtrabla amount of research exploding the safety9 cl incineration is wetl known to many North Carolinians. For example, hazar us air emleelone are generated durtng incineration as well as carcinogenic ash. One of the authOrl' more Interesting misconceptions is that the PCB landfill la a lanclill. Yet another mlsconceptton, and perhaps the most disturbing, is that further teatment of the PCB landftU shoufd be delayed untll toxic enemaila ean ba quantified ift livtng . ' organ1tme. : Thus far, Weber his presented two 11th hour proposals, both of wtuch hav• proVided the state With rational• for delaying action. on January 23, 1979, then 9ectetary of Crime Control and PUblle Safety Herbert Hyde requested EPA to delay '!.Su~slon (due January 25. 1979) concerning the suitability of the Warren County slteifor PCB disposal until altarnattvas c-.ould be oon1idered, one of which was Weber's ropoaat (9N Bruce Sioetoff's " NC Officlals to Seek OK for Treating PCBs In GroLl'ld( The News and ObHrver, Jan 27, 1979, Sec. 1, p.7.). On August 7, 1996, Weber~ Leidy preNnted to the pubtlc an 11th hot.r rationale for delaying state action ~ming the PCB problem, mus adding yet another argument (though hardly convincing~ for not appropriating funds nNdad for detOxifieatlon_ Let me make my position clear so that \'here can be no doubt as to where I stand on this IHue. The staw of North Carottna has held the people Of warren Cou*in bondage to this tandrlll long enough. The PCB/dlO><ln experiment was lntri by a sequence of bad faith, deception and breaches of law and ultimately by for . It < < ._, --•--. ·----< ._ __ _ I l ; I ! Page 4 j continU81 to be sustained by what now appears to be an arrogant and un hed effort to arbitrarily and capractousty use waste management officials, me of the General Assembly, and state scientists to propose bogus alternatives to ification as a means of wtnning publie support for violating the detoxification comm t to Warren County and tor negating the mutually agreed on detoxification fra rk that has Informed the effort of the PCB Working Group for the past five years. s an effort will lead to ttttgatton In the hundrecas Of mimons of dOllars, litigation that wll=ae soul• searching questions about the treatment of the peogle of Warran County, I · tion backed by an acttvtsm Which, quite frankly, ts long overdue. i ' I Having been Since 1978 dlrectly Involved in this issue as a researcher, =· · , an activist, a cMt rights leader, as an educator, as press spokesman and ~ t of Warren County Citizens Conctmed AbOut PCBs, and as former 00-Chalr of PCB Werking Group, I nave arrtveel at the conclusion recently stated by one of ~rrie:an- American neighbors: • It's like humans don't live hare " But humans do live re. This will be sufflctlntty demonstrated In the coming months during this election n. l ··--... . . .. From: Ken FerrucciO A ... ~ Date: Al.9,l&t 9, 1998 (J...11. ... ,.c .. ~ To: The News Media Of North Carolina, State and EPA Officials CC: The Environmentaf~s · Community Subject: Dr. Jerome B. eber, professor of crop science at N.C . State: i I In January Of 1979, Or. Jerome B. Weber submitted to EPA a proposal for ; in-place treatment of PCBs Hlegalty and dellberatety spilled along more ~n 21 o miles of highway shoulders in fourteen oountles In No"h Carolina (see Bruce Sicteloff's " N.C. Offldals to Seek OK for Treating PCB in Ground." The News and O~ Jan, 'Z'I, 1979, Sec. 1. p. 7.) l i Weber's argument was that the PCBs could be permanently neutraJlzed in place by treattng them with activated camon. However, Siceloff's article seemed ¢, contain a central ambiguity. At one point in the artide Weber seemed convthcect that PCBs could be permanently neutralized by mixing the PCB contamina'9d soil with activated carbOn. Yet, in the conclusion. Weber seemed tes.a earta'1: < i After carbon treatment, Weber said, the roadside PCB strips ; should be checked regular1y to ensure that the PCB does not l contaminate nearby streams, plants, and animals. It was obVIOus at the time that EPA woud not accept Weber's plan: ; i (1) The ortglnal amount of PCBs would not be decreased. Activated carbon: soil, fertilizer for seeding fescue, and limestone would be increased until mere ~ould be less than 500 parts d PCBs to millton parts of soil --in other words, until ~ state would no longer De required to spend money removing the PCBs fromj the highway shoulders and tnJcklng them to an E?A approved site. ! Wabar claimed In his proposal (PCS In-Pisco Treatment) that the treatment\" will greatly decrease the longevity of PCB, but enzymes produced by soil micr09rganIsms will slowly find their way into the carbOn pores and degrade aome of the PQBs. The adeltton ct fertilizer and Hmestone will ensure a good growth of fescue •nd may encourage microbial breakdOwn of the PCBs. Activated carbon present in~· soil wm probably al80 absorb PCB m8tabolites which are formed • so it is u ikely that these WIii be taken up by the fescue. However, the continued monttorl of plant and aolt samples is a must.• · ' (2) However, snortty attar Sieeloff's arttcle, the Sierra Club informed memb8"8 Of Warren County Citizens Concerned About PCBs thAt EPA wa& ••riousty co idering changing the minimum amount of PCB-soil concentrations that must be pick up from five hundred parts Of PCBs per milliOn to 50 parts per million. It thereto seemed unNkety that Ef>A would first attow the state to add tons of carbon a soit to the PCBs along the roadaiaas until the PCB-1011 concentraliOn was UC8d to something less that 500 parts per mHllon then later insist that even more 'f:>il \ and carbon be added to get 50 parts per million, or that the original PCB contaminated soil along with the cart>on and soil tnat had t>een aCld&d be dug up and trucked to a safe site. The state seemed therefore to be using Weber's proposal as a delay tactic, as a circus to entertain the public. (3) Weber's claim that the PCBs would be permanently neutralized by the . carbon waa simply a hypothesis to be tested by time. The plants Weber hac., grown in PCB contaminated soil mixed with carbon had shown no traces of; PCBs, not beeauae the PCBs had lost their toxicity, or their propensity to · migrate, but simply because they had been temporarily neutrallzed, bonde<f to the carbon molecules. However, what was needed was datoxlfleatiOn, a technology that would transform all the PCBa into a harmless state, Page 2 not permanent neutralization --the bondage of PCBs with carbon and perhflps the degradation of •ome or the PCBs, wttn me possibility Of migration if the bOl!lds were broken. ( 4) Waber'!I propoARI lacked a risk assessment. Weber did not specifically . address what would be the Impact on public health and environmental . quality if the PCB I carbon bond$ were broken because or natural occurrenqes such as floods, leaving the PCBs free to migrate throughout the environment. Furthttrmore. Weber's uncertainty was evident not only in the conclusion of Sicetoff's Nets and Observw article but also In the eonctution of the propo~al: · However, the continued monitoring of plant and animal monitoring Is a must. (5) Would the state effectively monitor more than 21 o miles of PCB contami~ated highway Shoulders for a very long period of time, and how valid was the . hypothesis that the activated carbon would ewntually permanently nautrallte the PCBs? Of course, if we detay the detoxification 01 the warren County site until we can quantify the presence of PCBs and dioxins within living organisms, will it · have been too late? How do we detoxify living organisms? Hasn•t this been: our pojnt since 1978? STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR Ms. Joann Almond, President August 13, 1998 Stanly Citizens Opposed to Toxic Chemical Hazards 28836 Canton Road Albemarle, NC 28001 Dear Ms. Almond: Thank you for your recent letter regarding funding for detoxification of the PCB Landfill in Warren County. I included $15 million in my budget request to the General Assembly for detoxification of the PCB Landfill using the base catalyzed decomposition treatment technology recommended by the Joint Warren County/State PCB Landfill Working Group and its science advisors. Funding for this project is now largely in the hands of the General Assembly. I appreciate your interest in this issue and encourage you to let your legislative representatives know of your support for funds to detoxify the PCB Landfill. My warmest personal regards. JBH/wlm cc: William L. Meyer, Director Division of Waste Management Sin~erely, J= ) James B. Hunt Jr. Offices of the Governor James B. Hunt Jr. Governor Correspondence Unit 733-5811 To: DENR Issue: ENV/Landfill Attn: Rosalind Kamara Building: Archdale Room: 1419-D Phone: 5-4153 Email: Name: Joann Almond Title: President Organization: Stanley Citiz. Opposes to Toxic Chem.Haz. Address: 28836 Canton Road Albemarle County: Stanly Phone: NC 28001 Country: USA Email: Case Number: 1010079 Date Initialized: 7/22/98 Respond By: 8/11/98 Returned: Closed: Case Details: ~t Please use your power to convince the legislature to include for the PCB dump clean up in Warren County. __ Special Priority -Immediate Reply __ For your Information / Copy and Return _father __ v P P 1repare reply suitable for Governor's signature and return. __ Acknowledge stating Governor's referred -Return letter and copy of constituents letter. __ Draft reply suitable for secretary or agency head signature and return to Rm. 1091 Admin. Bldg Received By: Date:· Action Taken: Remarks: JOANH ALMOHD 7049929296 July 13, 1998 Dear Governor Hunt, This letter is concerning the issue of the PCB dump in Warren County. 28836 Canion Road Albemarle, NC 28001 Please use your power to convince the legislature to include the requested money in the budget to properly clean up this du.mp. These people have carried this burden long enough. In fact they should not have ever had this burden. Just one more case of our state messing up the quality life in North Carolina SCOTCH supports the people in Warren County. Sincere~~~ ~ Almond, President Stanly Citizens Opposed to Toxic Chemical Hazards 28836 Canton Road Albemarle, NC 28001 --------------------------------------Phone: 7tJ4-982-JJOO Fax: 704-982-9286 ti I • STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR Mr. Victor D'Amato, P.E. Conservation Chair Capital Group Sierra Club 308 Glascock Street Raleigh, NC 27604 Dear Mr. D'Amato: August 13, 1998 Thank you for your recent letter regarding funding for detoxification of the PCB Landfill in Warren County. I included $15 million in my budget request to the General Assembly for detoxification of the PCB Landfill using the base catalyzed decomposition treatment technology recommended by the Joint Warren County/State PCB Landfill Working Group and its science advisors. Funding for this project is now largely in the hands of the General Assembly. I appreciate your interest in this issue and encourage you to let your legislative representatives know of your support for funds to detoxify the PCB Landfill. My warmest personal regards. JBH/wlm cc: William L. Meyer, Director Division of Waste Management Sincerely, James B. Hunt Jr. Offices of the Governor James B. Hunt Jr. Governor To: DENR Attn: Rosalind Kamara Building: Archdale Room: 1419-D Phone: 5-4153 Email: Name: Victor D'Amato Title: Conservation Chair Organization: Capital Group Sierra Club Address: 308 Glascock Street Raleigh NC 27604 County: Wake Phone: Case Details: Country: USA RE: Funding for Warren County PCB Landfill Cleanup. __ Special Priority -Immediate Reply __ For your Information I Copy and Return --/Other Correspondence Unit 733-5811 Issue: ENV/Landfill Email: Case Number: 1010102 Date Initialized: 7/22/98 Respond By: 8/11/98 Returned: Closed: __ // Prepare reply suitable for Governor's signature and return. __ Acknowledge stating Governor's referred -Return letter and copy of constituents letter. . __ Draft reply suitable for secretary or agency head signature and return to Rm. 1091 Adm in. Bldg Received By: Date: Action Taken: Remarks: July 15, 1998 Office of the Governor 116 W. Jones Street Raleigh, NC 27603 Capital Group Sierra Club 308 Glascock Street Raleigh, NC 27604 (919)834-7899 Subject: Funding for Warren County PCB Landfill Cleanup Dear Governor Hunt: As Conservation Chair for the Capital Group of the Sierra Club (NC Chapter) which includes the Chapter's Warren County membership, I write on behalf of all of our 2500 members in the capital area. We would first like to thank you for including funding in your proposed budget to begin cleanup of the PCB landfill site in Warren County. However, given the recent budget debates in the NC legislature, we must also urge you to continue to support this funding and to push aggressively to keep it intact in the budget. There is a lot of work to be done to clean up the PCB waste site in Warren County and we strongly believe that the cleanup must begin as soon as possible. The PCB site is a known problem and its cleanup should be among North Carolina's highest priorities. Thank you again for your support of the cleanup effort. Please feel free to contact me at the address and phone number listed above or via e-mail at surffisher@mindspring.com. Sincerely, 1)~~' Victor D' Amato, P.E. Conservation Chair Capital Group Sierra Club cc: State Senators in Capital Group area (via e-mail) State Representatives in Capital Group area (via e-mail) STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR Mr. Frederick Levitt Packaging Products Corporation PO Box 5039, Cole Park Plaza Chapel Hill, NC 27514 Dear Mr. Levitt: August 13, 1998 Thank you for your recent letter regarding funding for detoxification of the PCB Landfill in Warren County. I included $15 million in my budget request to the General Assembly for detoxification of the PCB Landfill using the base catalyzed decomposition treatment technology recommended by the Joint Warren County/State PCB Landfill Working Group and its science advisors. Funding for this project is now largely in the hands of the General Assembly. I appreciate your interest in this issue and encourage you to let your legislative representatives know of your support for funds to detoxify the PCB Landfill. My warmest personal regards. JBH/wlm cc: William L. Meyer, Director Division of Waste Management Sincerely, James B. Hunt Jr. ,.,. Offices of the Governor James 8. Hunt Jr. Governor To: DENR Attn: Rosalind Kamara Building: Archdale Room: 1419-D Phone: 5-4153 Email: Name: Frederick Levitt Title: Organization: Packaging Products Corp. Address: PO BOX 5039 Cole Park Plaza Chapel Hill County: Orange Phone: Case Details: NC 27514 Country: USA Correspondence Unit 733-5811 Issue: ENV/Landfill Email: Case Number: 1009952 Date Initialized: 7 /20/98 Respond By: 8/7/98 Returned: Closed: Use your influence in the Legis. to obtain funding to clean up the PCB/dioxin landfill in Warren Co. __ Special Priority-Immediate Reply __ · For your Information I Copy and Return Other ~repare reply suitable for Governor's signature and return. __ Acknowledge stating Governor's referred -Return letter and copy of constituents letter. __ Draft reply suitable for secretary or agency head signature and return to Rm. 1091 Admin. Bldg Received By: Date: Action Taken: Remarks: : ::'(. r-rs:u,T, .~acKaging Products Corp. PHONE NO. : 919 542 0082 tll7I Packaging Products Corporation L!l,I P.O. Box 5039, Cote Park Plaza Otapel Hill, North Carofrna 27514 Frederick Levitt OfftCE: (919) 542-0082 FAX:(919)542~ Jul. 16 1998 09:02A . Pl 15 July 1998 Dear Gov. Hunt I ask that you use your strongest influence in the Legislature to obtain the necessary fund to clean up the PCB/dioxin landfill in Warren County. Th~nk you ____________ ......_ _____________ 1.._ _______ _:__.-1 STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR Mr. Len Stanley, MPH North Carolina Alliance for Democracy 605-A NC Hwy. 54 West Chapel Hill, NC 27516 Dear Mr. Stanley: August 13, 1998 Thank you for your recent letter regarding funding for detoxification of the PCB Landfill in Warren County. I included $15 million in my budget request to the General Assembly for detoxification of the PCB Landfill using the base catalyzed decomposition treatment technology recommended by the Joint Warren County/State PCB Landfill Working Group and its science advisors. Funding for this project is now largely in the hands of the General Assembly. I appreciate your interest in this issue and encourage you to let your legislative representatives know of your support for funds to detoxify the PCB Landfill. My warmest personal regards. JBH/wlm cc: William L. Meyer, Director Division of Waste Management Sincerely, James B. Hunt Jr. Offices of the Governor James B. Hunt Jr. Governor Correspondence Unit 733-5811 To: DENR Issue: ENV/Landfill Attn: Rosalind Kamara Building: Archdale Room: 1419-D Phone: 5-4153 Email: Name: Len C. Stanl~y ~ .... ,, Case Number: 380973 Date Initialized: 11/20/95 Respond By: an/98 Returned: Closed: Title: ,r/.t_, ~ 0 v ~ Organization: , _ J- Address: ~ 10 LeF1g Shadow Plaqe (pCJ.s--~ ye,~· 0--r/--t/.Av"-' -----~~ffi-a_!C~771S_37~/p ____ _ County: ,. Durham ~ Country: USA . Phone: Email: Case Details: OPPOSES THE LL DUMP. 7/20/98 -rr from 3, GOCA, to 580. Urges allocation of funds to clean up PCB dump __ Special Priority -Immediate Reply __ For your Information I Copy and Return Other ,._,........Prepare reply suitable for Governor's signature and return. __ Acknowledge stating Governor's referred -Return letter and copy of constituents letter. __ Draft reply suitable for secretary or agency head signature and return to Rm. 1091 Admin. Bldg Received By: Date: Action Taken: Remarks: NORTH CAROLINA ALLIANCE FOR DEMOCRACY 60.S-A NC Hwy. 54 West, Chapel Hill, NC 27516 TEL (9l9) 967-1699 FAX (919) 967~7.S95 email: NCAD@ mindsprina.com Website: http://www.rtpnct.org/-allianc:e To: Gove=nor James Hunt From: Len Stanley <lenstanley@all4democracy.org> Subject: Money to clean up PCB dump Cc: Bee: X-Attachments: Governor James B Hunt NC General Assembly FAX (919)715-3175 Dear Governor Hunt, I want to urge you to allocate the full amount slated to be used to clean up the PCB landfill which is leaking dangerous chemicals into our land and water. I was one of the thousands of citizens who protested in the early 80's when this happened -and we predicted that it would leak. Now it is unconscionable that the non-"solution" that was enacted has created yet another dangerous situation, much more expensive to clean up, and our elected leaders are refusing to allocate the money necessary to correct it! Protecting the health of our citizens should be one of the TOP priorities of our state government -ESPECIALLY when the government-proposed solutions have resulted in dangerous and risk-producing circumstances. Thank you for your URGENT consideration to this issue. Si,~,~~~££~ / ~tanley, M~ NC Alliance for Democracy Coordinator STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR Ms. Miriam Lieberman 2429 Old Greensboro Highway Chapel Hill, NC 27516 Dear Ms. Lieberman: August 13, 1998 Thank you for your recent letter regarding funding for detoxification of the PCB Landfill in Warren County. I included $15 million in my budget request to the General Assembly for detoxification of the PCB Landfill using the base catalyzed decomposition treatment technology recommended by the Joint Warren County/State PCB Landfill Working Group and its science advisors. Funding for this project is now largely in the hands of the General Assembly. I appreciate your interest in this issue and encourage you to let your legislative representatives know of your support for funds to detoxify the PCB Landfill. My warmest personal regards. JBH/wlm cc: William L. Meyer, Director Division of Waste Management Sin:erely, ~ ✓ James B. Hunt Jr. STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR Mr. Victor D'Amato, P.E. Conservation Chair Capital Group Sierra Club 308 Glascock Street Raleigh, NC 27604 Dear Mr. D'Amato: August 13, 1998 Thank you for your recent letter regarding funding for detoxification of the PCB Landfill in Warren County. I included $15 million in my budget request to the General Assembly for detoxification of the PCB Landfill using the base catalyzed decomposition treatment technology recommended by the Joint Warren County/State PCB Landfill Working Group and its science advisors. Funding for this project is now largely in the hands of the General Assembly. I appreciate your interest in this issue and encourage you to let your legislative representatives know of your support for funds to detoxify the PCB Landfill. My warmest personal regards. JBH/wlm cc: William L. Meyer, Director Division of Waste Management Sin~erely, J:= ) James B. Hunt Jr. STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR Mr. Frederick Levitt Packaging Products Corporation PO Box 5039, Cole Park Plaza Chapel Hill, NC 27514 Dear Mr. Levitt: August 13, 1998 Thank you for your recent letter regarding funding for detoxification of the PCB Landfill in Warren County. I included $15 million in my budget request to the General Assembly for detoxification of the PCB Landfill using the base catalyzed decomposition treatment technology recommended by the Joint Warren County/State PCB Landfill Working Group and its science advisors. Funding for this project is now largely in the hands of the General Assembly. I appreciate your interest in this issue and encourage you to let your legislative representatives know of your support for funds to detoxify the PCB Landfill. My warmest personal regards. JBH/wlm cc: William L. Meyer, Director Division of Waste Management Si~cerely,J= j James B. Hunt Jr. STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR Mr. Len Stanley, MPH North Carolina Alliance for Democracy 605-A NC Hwy. 54 West Chapel Hill, NC 27516 Dear Mr. Stanley: August 13 , 1998 Thank you for your recent letter regarding funding for detoxification of the PCB Landfill in Warren County. I included $15 million in my budget request to the General Assembly for detoxification of the PCB Landfill using the base catalyzed decomposition treatment technology recommended by the Joint Warren County/State PCB Landfill Working Group and its science advisors. Funding for this project is now largely in the hands of the General Assembly. I appreciate your interest in this issue and encourage you to let your legislative representatives know of your support for funds to detoxify the PCB Landfill. My warmest personal regards. JBH/wlm cc: William L. Meyer, Director Division of Waste Management James B. Hunt Jr. i ... STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR Ms. Lori Monsewicz Mr. Brad Davis The Repository 500 Market Avenue S Canton, OH 44702 Dear Ms. Monsewicz and Mr. Davis: August 13, 1998 Thank you for your recent letter seeking my views on governmental responsibility toward toxic landfills. This is an issue that states across the nation are trying to resolve. The State of North Carolina owns the PCB Landfill in Warren County. When PCB contaminated oil was illegally dumped along more than 200 miles of roads in 14 counties in North Carolina in the late 1970s, the state had several options for dealing with the soil: leave it in place, transport it out of state, or construct a landfill for it in North Carolina. State officials felt that scraping the roadsides to remove the contaminated soil would be most protective of public health and the environment. We chose to construct a special landfill designed to hold the PCB contaminated soil in North Carolina rather than ship it to another state. In 1982, I wrote an open letter to the citizens of Warren County stating that the state would push for detoxification of the landfill when and if the appropriate and feasible technology was developed. Following my re-election to the Office of Governor in 1992, the Joint Warren County/State PCB Landfill Working Group was established to see what technologies might be available to detoxify the landfill contents. With the assistance of two independent science advisors and the state, a study of the landfill was conducted, a variety of technologies were screened, and the Working Group chose base catalyzed decomposition (BCD) to detoxify the contaminated soil. Earlier this year, in an effort to keep the state's promise to Warren County, I included $15 million in my budget request to the General Assembly for detoxification of the PCB Landfill using the BCD technology. Funding for this project is now in the hands of the General Assembly. f ... Ms. Lori Monsewicz and Mr. Brad Davis Page 2 August 13, 1998 The state does not believe that the PCB Landfill poses any current threat to public health and the environment; however, we would like for the contents to be detoxified to remove any potential future threat. Thank you for your interest in this issue. My warmest personal regards. JBH/wlm cc: William L. Meyer, Director Division of Waste Management Sincerely, ------- ' James B. Hunt Jr. I q Offices of the Governor James B. Hunt Jr. Governor Correspondence Unit 733-5811 To: DENR Issue: ENV/Landfill Attn: Rosalind Kamara Building: Archdale Room: 1419-D Phone: 5-4153 Email: Name: Lori Monsewicz & Brad Davis Title: Organization: The Repository Address: 500 Market Avenue ..S ~~ &canton ~~ ~ 44702 County: tuft~ 1-A±,$ Country: USA Phone: Email: Case Details: Case Number: 1010337 Date Initialized: 7/28/98 Respond By:8/15/98 Returned: Closed: We would appreciate your views on what you feel is the government's moral responsibility to residents when it comes to such environmental disasters as toxic landfills. (the group read the recent story on the AP wire which featured your views on the landfill in Warren County and your efforts to detoxify it) __ Special Priority-Immediate Reply __ For your Information / Copy and Return --/Other _J/_ Prepare reply suitable for Governor's signature and return. __ Acknowledge stating Governor's referred -Return letter and copy of constituents letter. __ Draft reply suitable for secretary or agency head signature and return to Rm . 1091 Adm in. Bldg Received By: Date: Action Taken: Remarks: - THE REPOSITORY 22 July 1998 500 Market Ave. S Canton, Ohio 44 702 (330) 454-5611 Ext. 309 Fax: (330) 454-57 45 Governor Jim Hunt State Capitol Raleigh, N.C. 27603 Dear Governor Hunt; We are working on a story about the Industrial Excess Landfill here in Uniontown, Ohio. The landfill is a federal Superfund site containing 30 acres of toxic waste and possibly radioactive material. A "cleanup" plan by the U.S. Environmental Protection Agency was expected 1 5 years ago, but to date has not begun. Meanwhile, the EPA has confirmed waste has contaminated residents' ground water. Attorneys for the U.S. EPA and four rubber manufacturers accused of dumping the waste have been meeting in behind-closed-door sessions before U.S. District Judge John M. Manos in Cleveland. The judge has barred residents from attending and attorneys are claiming they are under a "gag order," which no one can produce. Residents are seeking a legal means of intervention. They not only want to know what is actually buried in the landfill, they want it cleaned up. A recent story on the Associated Press wire featured your views on the landfill in Warren County and your efforts to "detoxify" the site. We would appreciate your views on what you feel is the government's moral responsibility to residents when it comes to such environmental disasters as these toxic landfills. What have you done to ensure your constituents' safety and the safety of generations to come? What do you think our officials could or should do? We would appreciate a timely reply as we are on a Friday deadline. Thank you for your time and consideration. SinceFJ' . ~)¾u~~ Lori M;hs~wicQ Brad Davis • 500 MARKET AVE. S., CANTON, OH 44702-2193 • PHONE : 330/454-561 l • FAX: 330/454-5610 JAMES B. HUNT JR. GOVERNOR STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 July 26, 1996 Mr. and Mrs. Ken Ferruccio, Co-Directors Chapel of the Southern Lights PO Box 913 Warrenton, NC 27589 Dear Mr. and Mrs. Ferruccio: Thank you for your recent letter concerning the establishment of the · Chapel of the Southern Lights. I appreciate your informing me of your activities. My warmest personal regards. Sincerely, James B. Hunt Jr. JBH:wlm A ~ ff • GOVERNOR AND SECRETARY LOG LETTERS TO: ':llt/;;_~ 2 . · DATE: 11[),/l(a FROM: Pat Williamson RESPOND BY: _____ _ Pl~raft a reply forGo~efllor's signature and return to me Reply, noting the letter_:was referred to the division by the Governor. Prepare· response for William L. Meyer's signature (copy to Governor and Secretary) Draft a reply for Secretary's (or Deputy or Asst. Secretary) signature and return to me Reply, noting the letter was referred to the division by the Secretary (or Deputy or Asst. Secretary). Prepare response for William L. Meyer's signature (copy to Secretary or as appropriate) Format Instructions for Governor Date -center 3 spaces below Office of the Governor · "< Indent paragraphs 5 spaces Ragged right margin -nojustified fight margm · Last paragraph, last sentence -My · warmest personal regards Sincerely, (5 spaces to right of center) James B. Hunt Jr. (on 4th line, no comma between Hunt and Jr.) Reference initials JBH:wlm If enclosure -on this line cc: William L. Meyer, Director Division of Solid Waste Management Format Instructions for Secretary (Deputy and Asst. Secretary) Date -center at top Indent paragraphs_ 5 spaces Ragged right margin -no justified right margm Sincerely, (5 spaces to right of center) Jonathan B. Howes (on 4th line) Secretary Reference initials JBH:wlm If enclosure -on this line cc: William L. Meyer, Director Division of Solid Waste Management General Instructions Use abbreviations in address based on postal directions (i.e., PO Box, NC, ST, AVE, etc.) Type draft response on plain white paper, put in folder with original letter and return to Pat Williamson. Also put draft response on the "i" drive of computer in "for pat" folder. Pat will do any necessary editing, get division approval, and prepare final letter on letterhead. :..:..1 z ..;;. C z ,--. .-. ...,, ,<... z c: (;'J L!J ~ - Z :-: 0 :...w::::::~ Z::E: ~o 0 l-et::: ~ <r: L:_ - ....... _. ... --.:J <C o, 3 z: L!.i i- ,(C_ z :_ z z i.l... ~~ (,;'; z Ll L:J z Cc..) .. , .. :-: -L:J C:.. L:..: _,,..., :..;_:...:... 3Z ,-:::: C · LlZCJ:..:J ~ ;,-;::..J~ >-cr.::<ec. L:J Ll 3 L:_.: Ll c::: H :J ZLiJ:3 ?-0 ~ U?'-::C _. L!J (_J :...:.: UJ --1 :--i >-Z: ::.oo-..:...wz ~:--:~~',OL.i Z O ;;_;; CD H ::z> =:: ~ G1 C'·i ::• L:..i OC:Ll<!"' .. , _, ~_ju ,.ocLl.. ' :.....: 0 _z ?""-<! <I :-; z -::--o _ _.. z i- z _z z i- z ,_, 3 CO>-r .-. z n_ L:.. :.: ~ 0 <I: z >- C > Z:::,;: :--: .. =~ -:_:J ~ <! -;....;....::£: . '(?k;,pd of th., ~ ~ ' ecumenical · educai;icm ~ environmental arts Dear Friends, We want to briefly share with you our vision of the work we are planning to continue and to thank those who have worked and are continuing to work with us to help set safe and just precedents for environmental policies in North Carolina and the Southeast. Meaningful and lasting social change nec~ssitates changing the hearts and minds of the general public through creative forms of education. We have therefore come to the conclusion that we need to broaden the scope of our educational efforts through art forms such as video, theater, and music. Presently, with seed money from the Bishop of the Diocese of North Carolina's Jesse Ball Dupont Award, we are planning a video production focusing on lessons to be learned froni the precedent-setting ·Warren County PCB/ dioxin landfill crisis_ This video will presenfifmulfipfic1ty o-f issues ana-perspective_s related to environmental justice and pollution prevention. Our intention is to provide the kind of video production that will encourage a radical reassessment of North Carolina's prevailing model for economic industrial development --the "regardless of public sentiment" model, the waste expansion model that transforms targeted communities into EPA "sacrifice zones" for toxic, hazardous, and nuclear waste facilities. Three years ago, Carolyn Coleman, Assistant Administrator to Governor Jim Hunt, attended an emergency public hearing in Warren County concerning the 1.5 million gallons of contaminated water in the PCB/ dioxin landfill and told citizens, "As Warren County goes, so goes the state of North Carolina." Ms. Coleman is correct. Warren County's "state of the art" PCB / dioxin leaking ·. landfill crisis reflects North Carolina's larger waste management crisis, especially concerning the proposed siting of the nation's largest nuclear waste facility, just twenty-two miles from Raleigh. For more than three years now, a Joint Committee of local citizens, state officials, environmental groups. and independent scientists have been formulating a response to the PCB / dioxin landfill crisis, and the committee is still formulating a response. How much time will there be to formulate a response to preclude widespread nuclear contamination when nuclear waste escapes containment at the nuclear storage facility or along transportation corridors? The state's "regardless of public sentiment" policy sparked the civil rights movements of 1982 and 1983 concerning the PCB / dioxin landfill and continues to prevent its cleanup. This "regardless of public sentiment" policy is arrogant, irresponsible, and unacceptable and is intended to sacrifice North Carolina as a whole to the nuclear waste industry. Close to one hundred million dollars has been spent trying to license the largest nuclear waste facility in the nation, a massive operation that would surely need to seek high volumes of nuclear waste from across the nation and around the world to be economically viable. Deborah and Ken Ferruccio Co-Directors P.O. Box 913 Warrenton, NC 27589 (919) 257-2604 & Fax ' The fate of North Carolina, the Southeast, and nation rests on this generation, on the decisions that we make or choose not to make. But there is really no escaping our responsibility. Not to choose ls to choose by default. We can begin by cautioning the state that it is greatly underestimating the significance and power of public sentiment. In a democracy, :ttw expression of public sentiment is the expression of the will of the people. And the will of the people is the true source of sovereignty, the true source of political power in a democratic society. This belief is fundamental to our aspiration for freedom, upon which our dignity, our spiritual aspirations, and our · economic and environmental survival depend. We are facing a profoundly serious crisis because the state, having in 1982 and 1983 un9erestimated the significance and power of public sentiment concerning the Warren County PCB / dioxin landfill, is presently underestimating the significance and power of public sentiment concerning the proposed nuclear waste facility. Do we continue to subsidize a nuclear power industry whose reactors last only twenty years but whose waste lasts in perpetuity? Do we continue to stand by while communities are knowingly and willfully sacrificed with the backing of law to accommodate politicians' and industries' short-term needs? The goal of educating the public and making its public sentiment count is formidable. We can only hope to accomplish this goal by continuing to work together. Through our chapel we hope to achieve a synthesis of Southern Lights, a coalescence of members of the ecumenical community, educators, environmentalists, painters, musicians, artists, philosophers, civil rights leaders, carpenters, plumbers, landscapers, farmers, factory workers, people from all walks of life and of all races, rich and poor, young and old, those energized with hope, and those paralyzed with despair, those who are healthy, and those who are ill, all who believe in the power of an informed and enlightened public sentiment to overcome the forces of nihilism. ·. Finally, we want to thank all the ecumenical and environmental groups who have worked with us and who are continuing to work with us. We are especially grateful to so many people in the Episcopal Diocese of North Carolina, to the Episcopal Church Women, to Christian Social Ministries, and to the Coalition for Social Witness who have supported our ecumenical environmental work and whose seed monies have enabled us to grow into the Chapel of the Southern Lights. We will be calling on many of you concerning input and interviews for our upcoming video production. Faithfully, f}tb17tJJ.JCl/hd ldw ~ Deborah and Ken Ferruccio Copies: . . . James B. Hunt, Jr., Governor of North Carolina Joan Weld, Administrative Chief of Staff for Governor James B. -Hunt, Jr. Carolyn Coleman, Assistant Administrator to Governor Jim Hunt Jonathan B. Howes. NC Secretary of Environment, Health, and Natural Resources Bill Meyer. Director, NC Division of Solid Waste John Hankinson, EPA Regional Administrator, Atlanta Dollie Burwell. Co-Chair, Joint Warren County State PCB Landfill Working Group Henry Lancaster, Co-Chair, Joint Warren County State PCB Landfill Working Group Daria Holcomb, Musician Patrick Barnes, Scientist, Joint Warren County State PCB Landfill Working Group Dr. Joel Hirschhorn. Scientist, Joint Warren County State PCB Landfill Working Group Pauline Ewald, Scientist, Environmental Compliance Organization Congresswoman Eva Clayton. North Carolina Senator Frank Ballance, North Carolina Clarece Gaylord, National Director EPA Environmental Justice Dr. Robert D. Bullard, Director, Environmental Justice Resource Center Vivian Jones. Director of EPA Environmental Justice, Region IV, Atlanta Charles.Lee, United Cr,1.m:h of Christ Commission ior Racial Justice Rev. Leon White. United Church of Christ Connie Tucker, Executive Director, Southern _Organizing Committee Angela Brown, Greenpeace John Roe Steverson, Warren County Civil Rights Activist and Vocalist Ethan Fladd . Peace and Justice Ministries Associate, National Episcopal Church Therese Vick. Blue Ridge Environmental Defense League Billie Elmore, North Carolina Waste Awareness Reduction Network Jim Warren, North Carolina Waste Awareness Reduction Network Lois Gibbs, Citizens' Clearing House for Hazardous Waste Ron Nixon. The Institute for Southern Studies Nan Freeland . The North Carolina Clean Water Fund Mary McDowell, Chatham County Citi_zens Dr. Roseanne Edenhart-Pepe, Ground Zero, Apex, NC Pete Seeger, Folk Musician and Social Justice Activist David S. Bernz, Attorney, Musician, People's Music Network Perry Robinson, Musician. People's Music Network Julia Hikory, Joyful Noise Productions Scott Evans. Chairperson. Environmental Stewardship Committee. Episcopal Diocese of North Carolina · Bishop Robert Johnson, Jr., Episcopal Diocese of North Carolina Bishop Robert Estill, Retired Bishop of The Episcopal Diocese of North Carolina Bishop Gary Gloster, Episcopal Diocese of North Carolina The Rev. Canon Vicki Wesen, Episcopal Diocese of North Carolina Shara Partin, Prasid8r.t, Ep:sc~pal Church v.,~o;ne~, Ep:scopa: Dic,case o•i i•~~arth Caroiina Jamie Boyll, National Episcopal Environmental Stewardship Team The Rev. Ted Malone. Episcopal Diocese of North Carolina Ann Thompson, Chairperson. Christian Social Ministries, Episcopal Diocese of North Carolina The Rev. Barbara Armstrong, Episcopal Diocese of North Carolina The Rev. Tom Feamster, Episcopal Diocese of North Carolina Jim Creech, Program Director, North Carolina Council of Churches Julia Elsie, Diocesan Council, Episcopal Diocese of North Carolina Patrick O' Neal, St. Martin de Porres Catholic Workers Margaret Baker, Director, Land Stewardship Council of North Carolina Dr. Robert Cox. University of North Carolina at Chapel Hill / Executive Director. Sierra Club L.C. Cooper. Senior Warden, All Saints' Episcopal Church, Warrenton, North Carolina The Rev. Frank Gose, Episcopal Diocese of North Carolina Vicki Lehman, General Production Assistant, Chapel of the Southern Lights Mick Harrison, Richard Condit, Greenlaw Tracey Dalton. Representative. Chapel of the Southern Lights Robert Lehman, Building and Horticulture Project Director, Chapel of the Southern Lights MRR C:'::l '=lb ~k'.; 1 4 r'l'I t.Hl'iK • r'UJ:iL.l\-Hr r Hl.i"':~ State of North Carolina Department of Environment, Health and Natural Resources Jomes B. Hunt, Jr., Governor Jonathon 8. Howes, Secretory Ms. V. Alfreda Jordan•Webb Warren County Manager 130 North Main Street P 0Box619 Warrenton, NC 27589 Dear Ms. Jordan-Webb: NA DEHNA I am pleased to inform you that the Joint Warren County/State PCB Landfill Working Group is continuing to make progress toward detoxifying the PCB landfill. The Working Group has selected a technology that has the potential to decompose the PCB in the landfill. In order to determine if the technology is appropriate and feasible, the Working Group has recommended a pilot-scale test of the technology on the PCB landfill site. One company has received approval from the USEPA for a pilot-scale test project. The company has indicated that it needs electrical power to operate various motors and other devices for the pilot-scale test. The Working Group requested that CP&L design the electrical supply system for providing this service. On March 8, 1996, CP&L submitted an invoice for electrical service in the amount of$64,384.15. The W orkin.g Group needs to continue the progress we are making toward detox.ificafam. It is essential that electrical utilities be constructed as soon as practicable. Funds are available for capital improvements, including utility modifications, through the Solid Waste Grant awarded to Warren County on March 22, 1994. It is requested that Warren County fund the enclosed invoice for electrical utility service for the PCB landfill from the Solid Waste Grant. The Department is pleased with and supports the efforts of the Working Group. We look forward to the continuing development of our partnership with the Working Group, Warren County and the State as we seek to resolve the challenge of detoxification of the PCB landfill. L\~~~~-~ Jonathan B. Howes JBH/wlm -.-. . . . P,. 0. Box 27687. Raleigh. North Carolina 276 l l-7687 Telephone 919-71~4100 , , ; :\ (; ' : f!Yf ~u_cl Qpportunity Affirmotiv~. Actl,on Employer _ --._ 50% recycled/ 10% post-consumer po per ··.--· ... :/•./,:\r;.:)("_·::·:'.-':/r~~)\/·:':!:.\•·,-'~·· .. ··.: :.· -': .· ... ·: ·. '.'• .••· .•··-: .. r .. , .. · •,,• ·'--: '··:·•"_' . . . . . . Carolina Power & Light Company 602 Raleigh Road Henderson, North Carolina 27536 Invoice March 8, 1996 Mrs. Pat Williamsn North Carolina Division of Solid Waste Management 401 Oberline Road Raleigh, NC 27605 Cost for providing 3 phase primary to the PCB Landfill on NCSR 1604, ~v~••i..u So\\6 ~as\e ~~R 11 1%~ Warren County, North Carolina* ................................................................................. $62,508.88 Utilities Tax............................................................................................................... 1 875 .27 $64,384.15 * Cost does not include any transformation, secondary service, metering. To be billed . spearately. Please send payment to: Barry N. Davis 602 Raleigh Road Henderson, NC 27536 .... " State of North Carolina Deportment of Environment, Health and Natural Resources Legislative & Intergovernmental Affairs JomE-s B. Hunt. Jr .. Governor Jonathon B. Hm-ves. Secretory Henry h/1. Lancaster 11 , Director June I, 1995 Mr. Jonathan B. Howes Secretary Department of Environment, Health, & Natural Resources 5 12 North Salisbury Street Raleigh, North Carolina 27604-1 148 Dear Secretary Howes: The Joint Warren County and State PCB Landfill Working Group respectfully request your consideration of the matter of continuing institutional and infrastructure support for the Warren County PCB Landfill. A motion was unanimously passed by the group during the May 18, 1995 meeting requesting your as sistance in formalizing the institutional support and infrastructure for the PCB Landfill. Our request echoes the recommendations of the first Intergovernmental Working Group on PCB Detoxification whose final report on 12/12/84 stated that "a mechanism should be established within state government to continue surveillance in PCB detoxification, with representation from the appropriate state agencies as well as liaison with EPA, Warren County and the research community" and "program for routine maintenance", "regular monitoring", necessary funding and supporting statutory authority should be provided". The existence of the Joint Warren County and State PCB Working Group is a part of this commitment, however, the continuation of the Working Group, budgetary commitment for continued operation and maintenance of the landfill, budgetary commitment for community technical assistance, and DEHNR, DOA, and DOT staff continuity are not formalized. We believe formalizing this institutional budgetary support, and the required infra structural responsibilities, are necessary. In addition to taking formal budgetary steps in the current Department budget, we recommend that the Department begin plans for inclusion of the PCB Landfill in the Supplemental Budget. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper •,,'. Mr. Jonathan B. Howes June I, 1995 Page Two . ., The .Working Group encourages the current review and testing of detoxification opti~ns for the PCB Landfill, however, we must strongly request the State of North Carolina, as the owner/operator of this federally-permitted facility, to maintain and strengthen its responsibility for oversight and budgetary commitment to the PCB Landfill now and throughout its continued existence. We pl edge our as sistance in any way. Sincerely, /7 .•, J;; ·, s ' f l((,; /('U / ( L C-._ . ...__. / /'-v '-\_L -L__. Dollie Burwell Co-Chair Ken Ferruccio, Co-Chair b~~ Co-Chair Mr. Jonathan B. Howes Secretary Department of Environment, Health, and Ne 512 North Salisbury Street Raleigh, North Carolina 27604-1148 Dear Secretary Howes: June 1, 1995 Phone# Phone# Fax# /5 3-0u..0 Fax# The Joint Warren County and State PCB Landfill Working Group respectfully request your consideration of the matter of continuing institutional and infrastructure support for the Warren County PCB Landfill. A motion was unanimously passed by the group during the May 18, 1995 meeting requesting your assistance in formalizing the institutional support and infrastructure for the PCB Landfill. , . Our request echoes the recommendations of the first Intergovernmental Working Group on PCB Detoxification whose final report on 12/12/84 stated that "a mechanism should be established within state government to continue surveillance in PCB detoxification, with representation from the appropriate state agencies as well as liaison with EPA, Warren County and the research community" and "should continue with the responsibility being clearly set forth both in the record and in public." The existence of the Joint Warren County and State PCB Working Group is a part of this commitment, however, the continuation of the Working Group, budgetary commitment for continued operation and maintenance of the landfill, budgetary commitment for community technical assistance, and DEHNR, DOA, and DOT staff continuity are not formalized . We believe formalizing this institutional budgetary support, and the required infrastructural responsibilities, are necessary. In addition to taking formal budgetary steps in the current Department budget, we recommend that the Department begin plans for inclusion of the PCB Landfill in the Supplemental Budget. The Working Group encourages the current review and testing of detoxification options for the PCB Landfill, however, we must strongly request the State of North Carolina, as the owner/operator of this federally-permitted facility, to maintain and strengthen its responsibility for oversight and budgetary commitment to the PCB Landfill now and throughout its continued existence. We pledge our assistance in any way. Sincerely, Dollie Burwell, Ken Ferruccio, and Henry Lancaster Co-Chairs r. State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary The Honorable Eva M. Clayton Congress of the United States House of Representatives 222 Cannon Building Washington, DC 20515-3301 Dear Representative Clayton: May 2, 1995 Thank you for your recent letter stating your concerns, on behalf of your constituents, about the Warren County PCB Landfill. I want to assure you that protecting both the health and environment of Warren County's citizens is of utmost concern to me and this department. If we felt there was any real indication of leakage from the landfill, we would have taken major steps already to protect the citizens in the general area. During July 1994, a sampling event was conducted at the landfill by state officials and staff to the science advisor hired by the Joint Warren County and State PCB Landfill Working Group. The state used an extremely sensitive method to analyze the samples. The science advisor's lab used a less sensitive method. This resulted in some differences that were puzzling and inconclusive to state officials and scientists who reviewed the data. However, we do not believe that the findings indicate leakage from the landfill. The state proposed an immediate resampling, but the PCB Working Group did not support it. As part of the state's on-going commitment to the Warren County community, and in preparation for any potential detoxification tests or p~ojects, two separate projects are currently being designed by my staff. These projects will be presented to the Joint Warren County and State PCB Landfill Working Group for advice and support. The first plan is to install additional groundwater monitoring wells so that we can extend our chemical surveillance capability on the groundwater surrounding the landfill. These wells are a type of detection system. If there were any leakage from the landfill, it would show up first in the monitoring wells. My staff is also proposing to extend the periodic drinking well sampling program for the three-mile zone around the PCB Landfill. The design of this additional sampling effort will be completed soon and presented to the Working Group for review. P. 0. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-715-4100 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper The Honorable Eva M. Clayton May 2, 1995 Page 2 Please be assured that we will keep you advised and would notify your office rapidly if there was evidence of the PCB Landfill impacting the health of the citizens of Warren County. Sincerely ~::o~e:~ Secretary JBH:wlm cc: William L. Meyer, Director Division of Solid Waste Management Henry Lancaster, Director Legislative and Intergovernmental Affairs Govemor Hunt's and Secretary Howes' Log Letters TO: M FROM: Pat WDliamson Dm•#- Respond by: 1j«o)CJ5 PJcasc: Draft a reply for Secretary Howes' signature and return to me. . . Z Reply, noting the letter ~ referred to the Division by Secretary Howes. Prepare response for William L Meyer's signature, (copy Secretary Howes). Draft a reply for the Governor's signature and return to me. Reply, noting the Jetter was referred to the Division by Governor Hunt. Prepare response for William L Meyer's signature (Copy Governor Hunt and Secretary Howes) FORMAT INSTRUCTIONS FOR Governor Hunt's Letters Date -center three (3) spaces below Office of the Governor, always use a date that the Governor ls in State-see list) Indented paragraphs five (5) spaces Ragged right margin -.!!! justified right margin. Last 1, last sentence -My warmest personal regards. Sincerely, (five spaces to right of center) James B. Hunt, Jr. (on fourth line) Reference initials JBH:wlm If enclosure -on this line cc: William L Meyer, Director Division of Solid Waste Management Do not use abbrnfatlons In addmses, Always write out Post Office Box, Street and State. Type Draft on plain bond paper, once approved by Division, type on Governor's letterhead and prepare a Governor's envelope with address on it. JoginstJtr) FORMAT INSTRUCTIONS FOR Secretary Howa' Letters Date -center at top (always postdate letter five (5) working days beyond date you submit to Division. Indented paragraphs five (5) spaces. Ragged right margin -.!!! justified right margin. . Sincerely, (five spaces to right of center) . Jonathan B. Howes (on fourth line) . ·Secretary Reference initials JBH:wlm If enclosure -on this line cc: William L Meyer, Director Division of Solid Waste Management Type Draft on plain bond paper, once approved by the Division, type on Secretary's letterhead and prepare an envelope with address on it. .. Inquiry Trackin~ Sheet Legislative & Intergovernmental Affairs Henrv M Lancaster IT-Director # CJt.T t: -!Jo 19 Secretary's Office, Governor's Office Asst. Secretary / Division Date Rec'd Lf / t Due Date I/// J Corresponden~e Submitted by u S -/e/ /f/4u/49for Subject: Jct; /...,u~A I~ U,/~UJ ,I Action: /44-~ ~ ~ µ/ £;d~ ~/£~~~ Assistant Secretary __ £.___~-'---~---"'-- Date Rec'd f-0-9'_) Due Date ____ _ Rec'dby,k ~ ~ --= Note: Divisionof 2JJLJ~ M2 ~ D,t,Reo'd#::"J Log Out Date. ___ _ Rec'd by __________ _ Remarks: ccto: ;/~ )_~ ... · . ~' ., . ,,. ··. ,·, ... ( . -_·. ' . · · /onathan B. Howes · · . Secreta·ry of Environment, ._ < Health, and Natural Resources · ·. · ·= .·fb~~ffi~4S ·. RESPOND BY:. ___________ _ · PLEASE: REMARKS: :',: . ~t ~ reply fur my signature and re~m to me. __ Reply, noting the letter was referred lo you by · me (ropy to Secretary's Office). __ ._ Draft a reply fur the G>Vemor's signature and . . return to me . . __ . Reply, noting the letter was referred lo you by Governor HWlt (ropy lo Secretary's Office) __ For your information. __ Take appropriate action. Note and file. __ Note and retum lo me. · _. __ Note and see me aboqt this. __ Your comments and/or rerommendations. 512 N. Salisbury Street . Raleigh 27604 . (919) 715-4101 EVA M. CLAYTON 1 ST DISTRICT, NORTH CAROLINA COMMITTEES: AGRICULTURE SUBCOMMITTEES: C!Congress of tbe Wnito&ll-$tates-- SPEC!ALTY CROPS ANO NATURAL RESOURCES ENVIRONMENT, CREDIT AND RURAL DEVELOPMENT DEPARTMENT OPERATIONS ANO NUTRITION ~ouge of l\epregent lti-/0i \~k i~ETARY mlasbington, iJB(I[: 20515-p301 SMALL BUSINESS ... March 30, 1991> i ~ 6 1995 SUBCOMMITTEES: PROCUREMENT. TAXATION ANO TOURISM RURAL ENTERPRISES. EXPORTS ANO THE ENVIRONMENT The Honorable Jonathan B. Howes Secretary State of North Carolina EN'Jl,'.ON MENT, ,-IEHTH AND N.t.,TUF<AL~~SOURCES REFERRED TO Department of Environment, Health, and Natural Resources 512 North Salisbury Street Raleigh, North Carolina 27604 Dear Secretary Howes: WASHINGTON OFFICE: 222 CANNON BUILDING WASHINGTON, DC 20515 (202) 225-3101 DISTRICT OFFICES: 134 N. MAIN STREET WARRENTON. NC 27589 (9191 257-4800 400 WEST 5TH STREET GREENVILLE. NC 27834 (919) 758-8800 1-800-274-8672 I am writing to you on behalf of my constituents in Warren County, North Carolina, who are concerned over chemicals found in their drinking water. These chemicals -Dioxin, Furans, and PCB's -are known carcinogens. Even though there were only "traces" of these chemicals in the water, it is my understanding that no amount, no matter how minute, is safe. These chemicals are a result of leakage from the landfill in Warren County. Twelve years ago, when the landfill was sited in Warren County, the citizens were assured that there would be no leakage and the landfill posed no threat to the community. My constituents believe they are at risk since there is obviously some leakage at this time which promotes these chemicals in the water supply. The citizens are requesting that the landfill be detoxified and closed. I believe this request is reasonable under the current circumstances. I would appreciate your personal investigation into this matter and your providing me with a report on any action your department will initiate to rectify the problem of these particular chemicals in the drinking water. I am hopeful that action can be taken to the satisfaction of all parties involved, and I will look forward to hearing from you. Sincerely, Ef:: c~~~n a~ Member of Congress PRINTED ON RECYCLED PAPER State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary &-G~ ---~·· ;::www.s --• a a .-.----11. DEHNR March 22, 1995 Mr. Howard E. Tomlinson, Jr. 12 Hillcrest Point Littleton, NC 27850 Dear Mr. Tomlinson: Thank you for your recent letter concerning the Warren County PCB Landfill. Your comments regarding the status and future of this landfill are most timely. The State of North Carolina, as the owner and operator of this facility, is committed to its safety both for the citizens and environment of Warren County. As I am sure you are aware, a review of the options for future detoxification of the landfill is currently being performed. Based upon the findings of this effort, a decision can be made to proceed with on-site testing of a promising method, if appropriate. The long term integrity of the PCB Landfill would be enhanced by the removal of the water, although there is no short term threat from the presence of the water. We are currently reviewing options for the removal of the water or its potential use during any future detoxification effort. The detoxification and water removal decisions can be made in the same time frame. Your commitment to the health of the citizens of Warren County is reflected in your letter and in your service on the County Board of Health. My commitment to the health and well being of Warren County's citizens is also strong. I can assure you that both will figure in to any decisions I make regarding the PCB Landfill. Sincerely, ~~2:~ JBH: wlm cc: William Meyer, Director Division of Solid Waste Management Henry Lancaster, Director ~gislative Affairs 1,-EYennis Retzlaff, Director Warren County Health Department Secretary P. 0. Box 27687. Raleigh. North Carolina 27611-7687 Telephone 919-715-4100 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper NC WA R N 9197 7 4 7 4 9l:$ MEMORANDUM To: Secretary Jonathan B. Howes Department of Environment, Health, and Natural Resources From: Ken Ferruccio, Co-Chairperson )ft;;:t · ~,_~__:__ The Joint Warren County and Stat~~~dfill Working Group Subject: Dioxin Contamination at PCB Landfill Site Date: February 21, 1995 A Final Sample Analysis Report presented to the Joint Warren County and State PCB Landfill Working Group by its Independent Science Advisor Pauline Ewald of Environmental Compliance Organization documents that dioxin groundwater co'ntamination at the Warren PCB / Dioxin landfill far exceeds the "trace levels" of dioxin previously identified by the Division of Solid and Hazardous Waste.The report documents higher levels which the state was aware of but tried to excuse while denying the landfill's failure. The report documents several serious on-site and off-site locations of dioxin contamination, including dioxin contamination of three of the four groundwater monitoring wells and dioxin contamination of nearby Richneck Creek. Dioxin is also present in the landfill's two leachate collection systems. The surface soil near the air vent is contaminated as well as the seep on the landfill slope, both with high concentrations of Octa Dioxin. According to Ewald, "In the absence of other likely sources of chlorinated contamination, it is likely that the PCB landfill is the source for the dioxin and furan contamination noted at the site." Ewald said," The implications are devastating." She advised" that plans be immediately commenced to begin full scale pilot testing of BCD [Base Catalyzed Decomposition, a detoxification technology) at the Warren County Landfill .... " Under the Environmental Protection Agency's own standards1 the site needs to be detoxified. cc: James B. Hunt, Jr., Governor The North Carolina News Network P.01 THE EPISCOPAL DIOCESE OF NORTH CA The Honorable James B. Hunt, Jr. Governor of North Carolina 116 West Jones Street Raleigh, North Carolina 27603-8001 Dear Governor Hunt: Secretary of The Diocese RECEIVED OFFlCE Of lHE SECflC"rAR'( February 7, 1995 The five hundred lay and clergy delegates to the 179th Annual Convention of the Episcopal Diocese of North Carolina met on January 26-28, 1995, at Pinehurst and adopted a resolution titled "On Environmental Justice for Warren County," a copy of which I, as Secretary of Convention, was instructed to send to you. It is herewith enclosed, and I strongly encourage you to take note of the position of our Church on this matter. Yours faithfully, The Rev. Canon E.T. Malone, Jr. Secretary of Convention etmjr/pfo Enclosure Copies with enclosure to: The Honorable Marc Basnight, President Pro Tempore, N.C. Senate The Honorable Harold J. Brubaker, Speaker, N.C. House of Representatives The Honorable Joseph Hackney, Legislative Environmental Review Commission 0onathan B. Howes, Secretary of Environment, Health, and Natural Resources The Rt. Rev. Robert C. Johnson, Jr., Bishop of the Diocese of North Carolina Scott T. Evans, Environmental Stewardship Committee, Diocese of North Carolina Resolution on Environmental Justice for Warren County Resolved: That the 179th Annual Convention of the Episcopal Diocese of North Carolina reaffirm its 1994 commitment to environmental stewardship and justice by urging Governor James B. Hunt, Jr., to keep his pledge to the citizens of Warren County, North Carolina, to detoxify the PCB/Dioxin landfill there without delay now that it is feasible, and therefore to encourage precedents for sound pollution prevention and environmental justice policies for North Carolina; and be it further Resolved: That a copy of this resolution be sent to Governor James B. Hunt, Jr., to Harold J. Brubaker, Speaker of the North Carolina House of Representatives, to Marc Basnight, President Pro Tempore of the North Carolina Senate, to Jonathan B. Howes, the State Secretary of Environment, Health, and Natural Resources, and to Representative Joseph Hackney, Legislative Environmental Review Commission. Comment: In May 1993, the state of North Carolina announced that there was a crisis at the PCB landfill due to 1.4 million gallons of water that threatened and continue to threaten to breach the liner. This "dry tomb" landfill was not designed to accommodate the water; and pumping it out, a "bandaid" solution, is neither acceptable nor possible since the pipes become clogged with mud. To resolve the crisis, the Joint Warren County/State PCB Landfill Working Group was formed. The PCB Landfill Working Group consists of citizens, local and state officials, and ecumenical and environmental statewide representatives. The Ecumenical Environmental Leadership Coalition, sponsored by Episcopal United Thank Offering and Coalition for Social Witness grants, has been instrumental in helping facilitate the efforts of the Joint Warren County/State PCB Landfill Working Group. In November 1994, the Joint Warren County/State PCB Landfill Working Group unanimously voted to recommend to the governor that the landfill be detoxified as soon as possible for the following reasons: • Testing of the landfill contents revealed significant concentrations of highly toxic PCBs and dioxins and furans, including tetra dioxin, the most toxic of all dioxins. Tetra dioxin was also found in groundwater monitoring wells outside of the landfill at levels more than twice as high as EP A's maximum allowe9 concentration in drinking water. The recent EPA draft reassessment of dioxins confirms previous data indicating that even trace amounts of dioxins can be detrimental to human health and the environment, especially since everyone has already reached the maximum body "threshold." • Detoxification of the landfill is now feasible, both technologically and economically, and the PCB Landfill Working Group has recommended Base Catalyzed Decomposition (BCD), a dechlorinati@n process that is EPA-approved in North Carolina and is being used effectively in similar waste sites in Morrisville and Statesville, North Carolina. Environmental Stewardship Committee of the Stewardship Commission Episcopal Diocese of North Carolina Adopted January 18, 1995 Jonathan Howes Environmental Review Commission January 20, 1995 I'm pleased to be here with you today. As you know, the PCB landfill in Warren County has been the subject of much interest for a long time. Shortly after I became Secretary of the Department, we announced that there was a large amount of water that had accumulated in the landfill-rainwater that more than likely seeped into the landfill while it was in its final days of construction. That announcement precipitated a call from the dedicated citizens of Warren County-- -a call that we take the opportunity to study the landfill situation and see what had transpired since its construction was completed in 1983. A working group of citizens, environmentalists, business leaders, elected officials, health officials and state officials was formed to guide this process. The Department provided the working group with $80,000 to hire a science advisor who would study the landfill and make recommendations as to its future. Last summer that science advisor did a number of tests at the site-and so did our state division of solid waste management. In some cases, we did joint sampling-with both the state and the science advisor taking samples from the same wells. In September, the state samples came back showing some dioxin at low levels in monitoring wells both up-gradient and down-gradient from the site. The samples from the citizens group's science advisor showed no dioxin. Let me say that those results are puzzling at best. Both our sampling and the science advisor's sampling showed dioxin in the landfill mass-something we expected, given that PCBs are buried in the landfill. But, the leachate in the landfill did not show dioxin- something that also didn't surprise us because dioxin isn't very water soluble. It tends to cling to soil particles and not disperse readily into water. What did surprise us was the dioxin in the state's sampling of the monitoring wells. Given that we didn't find it in the leachate, we're puzzled about its presence in monitoring wells. There are a number of possibilities-including contamination from another cause such as agriculture or even a lab error due to contaminated equipment. Our staff is recommending that we resample those wells and drop an additional well to answer this question. I can tell you that the dioxin levels in the monitoring wells were 11 to 13 parts per quadrillion-which is above the groundwater standard, but below the drinking water standard. I can also tell you that we do not have a public health crisis of any sort at the landfill. There is no need to act without reason. We have not yet seen the working group's science advisor's entire report. We have seen her tentative conclusions, but can't really comment on the validity of those conclusions until we see her final report and can trace how she reached those conclusions. It would not be financially prudent to spend taxpayers dollars on any effort to remediate the landfill until we know that our efforts will work. The citizens in Warren County obviously want this site cleaned up, but they certainly don't want us spending dollars • until we know we have a solution. We also realize that improper remediation has the potential for exposing the citizens of Warren County to far greater harm. 2 This is not a simple issue, and I understand that its also an emotional issue. Governor Hunt has always said he wants to see the landfill remediated when it is feasible to do so. That's certainly our intention, but the key word is feasible-both in an economic and technological sense. Today, some of those citizens are here to share with you some of their concerns. JOINT WARREN COUN1Y/STATE PCB LANDFILL WORKING GROUP AGENDA-REGULAR MEETING JANUARY I 8, I 995 RALEIGH, NC I. WELCOME 11. ROLL CALL/INTRODUCTIONS Ill. READING AND APPROVAL OF MINUTES IV. REPORT OF COMMITTEES V. UNFINISHED BUSINESS VI. NEW BUSINESS A. OVERVIEW B. SAMPLING EVENT C. SCIENCE ADVISOR REPORT VI. OTHER BUSINESS A. ERC PRESENTATION B. SECRETARY COMMENTS VII. ADJOURN .,;,,.- JAMES B. HUNT, JR. GOVERNOR STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 July 28, 1994 To the Joint Warren County and State PCB Landfill Working Group: In 1983, after the PCB landfill in Warren County was closed, I made a commitment that the State would monitor the condition of the landfill and the health of the citizens living near the landfill. North Carolina has maintained that commitment ever since. In addition, I made several other commitments to the citizens of Warren County. Since my return to the Governor's Office in 1993, I have taken a number of steps to reinforce those commitments, including the establishment of the Joint PCB Landfill Working Group at the request of Warren County. I am writing to you now to reaffirm those commitments and to thank you for your assistance in helping me fulfill them. I am pleased that you have been working for several months under the direction of the co-chairs from DEHNR and Warren County and that with the assistance of DEHNR, you have hired a technical advisor to assist you in addressing concerns about the landfill. You have identified three primary agenda items: (1) to perform a detailed environmental assessment of the landfill; (2) to evaluate technologies for detoxification of the PCB-contaminated contents of the landfill; and (3) to assess maintenance needs for the landfill's security, such as internal landfill water levels. While all three of these agenda items are important to ensure safety of the landfill, I am aware that detoxification of the contaminated soils is a priority concern. In 1984, a similar joint working group which I appointed to look at this issue recommended that detoxification was not feasible at that time. With ten additional years of information, research work, and practical experience with the clean-up of PCB-contaminated soils behind us, it is possible that a feasible means of detoxifying the landfill, which does not pose a threat to the community, may be found. Joint PCB Landfill Working Group July 28, 1994 Page Two I have instructed DEHNR to support your efforts to achieve all three of your agenda items. Funding has been made available to provide for your technical advisor. In addition, DEHNR has transferred $100,000 to Warren County to maintain and improve the PCB landfill. This $100,000 may be used for such items as improved security, lighting, electricity to the landfill site, or funding the environmental site investigation. All environmental studies conducted at the PCB landfill in Warren County to date show that there has been no release of PCBs to the area. Warren County remains a safe and heal thy community to live in, and I am committed to doing what is necessary to keep it that way. With warmest personal regards. cc: Warren County Commissioners ... . . JAMES a. HUNT JR. GOVERNOR Mr. Heman R. Clark ST A TE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-BOOl July 11, 1994 Parker, Poe, Adams & Bernstein Post Office Box 389 Raleigh, North Carolina 27602-0389 Dear Heman: Thank you for your recent letter concerning the situation with the PCB landfill in Warren County. I sincerely appreciate your offer to help with any explanations to the General Assembly. We are currently working with the Warren County PCB Landfill Working Group, which is composed of state officials and concerned citizens, to get their recommendations regarding testing, water removal, and detoxification. I hope to have their recommendations within the next few months. Thanks again for your concern and offer of assistance. Sincerely, James B . Hunt, Jr. JBH:wlm ' -· .. ·---Jonathan B. Hpwes -··---... Secretary "I Enllironment, ·Health, and Natural Resources PLEASE: PA TE: l_o /I S- -~ Pratt• reply for my signaturu And return to me. _"T--Reply, noting th, leU'f was referred lo yo4 t;>y mv (copy lo ~tary', Office). __,._ Pratt 4 ll!ply for Sil~ Govemor'a sign4ture !Uld r,tum to m,. ,..._ ____ Rerly, noJing th, letter was n:ferred lo you by (;Qv,mor Hunt (oopy lo 5,?cretary'a Office) __ fpr your inloflrultion. --Tah -tppropria~ •ction. --NoJ,~dtil,. __ Not, Md n:tum lo me. __ Nott tod ~ me about lhis. __ ¥our comments and/ or reaunmendations. 12 N. Salisbury Street Raleigh 27604 (919) 715-4101 F i ! I I I -i 171 I~ """ .... :r: C z fTi l·.J :;::: -✓ L. er: -! i:l H z 7J > C ;:: . . ~ C I X I a:: • ' C U') f7i t::i ·-· I I :'! z -, ; :•, ! ~ i ~ '1 i r;-: rn CUHHEl:,PUNlJENCE ltDUT I NI; !3HEE::l -----------------· ~ TO: LEGISUfl"IVE. COUNSEL . I~ ATTN: BRAD WILSON U--;"1 _ERW:L;_ ... Gll.Y.£.BJfil.8 I s Of El.CE. -. ----· I . j ··c•c•t1E l''-lFD: n68 E'·N -'I '''-ll)FTI I -; .I. ~> ,.> . . I , I , -HI . . .• -161 HESf'OND BY: 06/27/94 ,, ----~CASE NUMBER 332272. DATE INITIATED: (·)6/❖)9/</4 CLUSED: ' --········----------·-----------•·• iAME: CLARK HEMAN R. • " t'..\ D l) HESS : P MU( ER , P () E , AD AMS l:, £1 Erm EiT E I N P .• U • HD X 3 lN t:? __ _ __ _ ___ l~BJ:,~JG!i ________ NG 276<~2 ,.,, ,-... IS• CULJNTY: WAKE TELEPHONE: -· ',Ft, -17' HEPENDED: R .... RE.CE.IVE D OFFICE OF THE SECRIT,l\RY JUN 15 1994 ENV•R~!,ivl~N!'...~?,\l;_~H ... s_ ----~-;--s f 9 1-1 ••• LOt.; INFO: SEEi< ING HELP TO GET THE G. ?\. TD ,.'..\PPHUPHlATE i-:i '.:iMhLL r➔MIJUN·r OF':.l:IONFY TU. ,~~------···· ---. --DEHYl)RATE THE: ~l!.;.,~Lt-\NDl+.-II.:l..:~lNti-1,,lARREN~Cl.ll!N;J:Y. -~· , 20! z ,i 1----------------------------------···-·-·• ·-·· -----·-····· --·--·· ---· ----· ~ 1211 ___ SPECIAL PRIORTY -IMMEIHATE HEPLY ~ . HETURN ATTACHED MATERIALS ·--------· --. -. ---·· ---· . ·• . -. .... --· ~ ____ FOH YDUR INFORMATION / COPY AND RETURN "' F'HDNE OR SEE: ME r~T YOUR CDNVEN IE:NCL:: !---1 ---2?! OTlj_ER ···---------·-····---· -------------------··-···--------····---al al r; PREPARE REPLY SUITABLE FDH GDVJ;RNOR • s S:CGNA_JJ,J..BJ;;. AND l,_,_,1E--·......,n ...... m ....... N...__ _____________ _ b '-::::-L_ r'.:\Cl<N.OWLEDGE STATING-GOVEJ_~NOR. REFERRl::D. -:: 1~. E::TURN LETTER AND COPY OF CONST~TUENTS Ll::TT1::r-~ f3 ___ DRAFT HEPLY SUITABLE FOR ~1ECRETARY DR AGENCY HEAU SIGNATURE AND HETURN 1111 FURNISH THI.LDFFIC.E__ WITH INF"O.B.MAL!Dl'L.f.DlL ... RES.e.OJiSEJ.lL.I.NUllQU,.IUl..l.I.L.\R..J..Y~· --------------~ ___ IMMEDIATE REPLY BY PHONE -NO WRlTTEN CORRESPUNDENCE NECESSARY -HETURN FORM --------------------···-···-··---··· ---------~ ------=« j ~ ~·~~ ~.<::::) ·~ r~ ,-----,,,,-c:::.J. ------------------·-·-··· --·· ···-----------····-·----------------·· ---·· ~ ........----lhW OfflCt::S Of PARKER, POE, ADAMS & BERNSTEIN P.O. BOX 069 ONE EXCHANGE PLAZA R.\LEIGII, NORTH CAROLINA 27602·0:369 TELEPHONE 919·626·0~6~ FACSIMILE 919 ·834·4~64 CHARLOTTE OFFICE HEMAN R. CLARK 21100 CHARLOTTE PLAZA CHARLOTT[, HORTH CAROLINA 28244 T£LEPHOHE, 704·372·8000 ,ACSIMILE, 704·334·47011 RESEARCH TRIANGLE PARK OFFICE P.O. BOX 13038 June 6, 1994 RESEARCH TRIANGLE PA.AK, N.C. 2770& TELEPHONE: 819-~44-4000 f'ACSIMIL£: 9UJ·D4 .. ·2798 50UTHPARK OFFICE 4201 <i_ONGRESS ■T. ■UITE 140 CHARLqTft:, NORTH CAROLINA 28208 TdEPHONE:: 704·11:S0-8000 f'ACSIMIL£: 7O4-IUUJ-8001 The Honorable James B. Hunt Governor 116 West Jones Street Raleigh, NC 27603-8001 Dear Governor: our P.C.B. landfill in Warren County won't go away. FILE NUMBER DIRECT DIAL Now the 11 protestors11 are saying we broke our promise to "detoxify'' (which would be a shameful waste of much tax money). I do think you should consider having the water pumped out of the landfill. You remember we had several heavy down-pours of rain fall just before putting the cap in place. There have been no leaks but we can't say there never will be. It may pot be a dangerous condition but it sounds bad. For a relatively small appropriation, the dehydration can be done. Bill Meyer the highly competent Chief of Solid Waste Management Section, knows exactly what needs to be done. As long as the water remains inside the liner, the protesters have a logical basis to continue their expert agitation in the community. They are at it again, talling that far~ producto from the are~ are unfit for human consumption. If there is anyway I can help in explaining this need to the General Assembly please let me know. With warm regards and best wishes, HRC:bps - 7 J:,-4~ Jt,e~ h ~I;, ' -r-o.e o,,"'c ' ,4-l) IIs Op -4¾.s ~ J> 0 .13,e.,,, o · · ho.\' <r:Jvs ~lGlf 'Jvi:: ~Cb.. "89 "l',elJv !. · Jvaltl'Ji --VVGJI l>.L, ~ · l.. P. c::4./ia¼v ~ "'e~6o e-0.,89 ·o i]; I ,, "l !..,,, ''··_;,; . ,~>---.r -. ;.. ,.).: ;1 ~,,, ... 'r'>J... ....._·,.:-::.:,1 I.) (Jr.r., "'--..,e }f -...:_ Gov O.tJoi:,qbJ. J.i.6 ei:,.tJoi:, e uqllle h i1'e.St ,S ~. b ""le;_ g1;, .:r oi,e.s •• ""t , Mc 2 7 Sti:-eet .._ I I//; 603...,80 -OJ. l .. I. i1;/,/i. I ,,. . ,,,,,.//,,//. : . :,,i,, f, : : . 011111//;,/,i It j •, -U,>i-:~'-t ~'.(~,, ! . ,f,/1. '.. . ,., ·'; ~ I...J/ .. , ' ...... ' 94 Jli/;1 '8 . "Ot/1cr /Ji/ I/: I 6 ,. ; I ·-. '· !/ . ..._ WARREN COUNTY HEALTH DEPARTMENT 544 WEST RIDGEWAY STREET WARRENTON, NORTH CAROLINA 27589 June 23, 1994 Mr. Jonathan House, Secretary North Carolina Department of Health and Natural Resources Post Office Box 27687 Raleigh, NC 27611-7687 Dear Secretary House, TELEPHONE: 257-1185 FAX#: (919) 257-2897 I write to express my deepening concern regarding the "Joint Warren County and State PCB Landfill Working Group". It has been my hope that the purpose of the "Group" would be to work with state officials and an outside technical consultant to gather the best information possible on the degree of health threat posed by the PCB Landfill and assess the availability of reliable technology for detoxification of the Landfill. Armed with that information the "Group" could then make recommendations to the state for future management of the Landfill. The decision to recommend detoxification should be based on an assessment of the benefits to be derived from such a procedure balanced with the economic costs and other risks related to detoxification procedures. The "Working Group" is dominated by individuals who have demonstrated that their commitment is to seek detoxification. That perspective is a valid one but it should be one of the perspectives represented in this organization. I would request that you personnally review the procedures which were used to determine the membership of the "Working Group". Questions to be considered in such a review could include the following: 1. What role was given to duly constituted bodies representing the citizens of the County such as the Warren County Board of Commissioners and Board of Health in the early formulation of the members of the "Working Group"? 2. Were any guidelines developed to assure proper representation of a variety of Warren County interests? If there were any kind of guidelines used, were those ever put in written form? 3. Who from Warren County had significant input into the selection of the members of the "Group"? 4. When was the first official, written list of the membership of the "Working Group" made generally available? (I did not see any written list until Mr. Bill Meyers distributed a draft list last week). Mr. Jonathan House Page 2 I believe a review of the history of the development of this "Group" will demonstrate that the organization was created without sufficient input from local recognized leaders and is dominated by individuals who have prejudged the situation. The "Working Group" cannot, as presently constituted, do an unbiased assessment of the relative risks of the Landfill and make balanced recommendations regarding future management of the PCB Landfill. I would request your office to work with the leadership of the "Group" to expand the membership to include more members who have demonstrated concern for environmental and health matters but have an open mind regarding the various options available for the management of the PCB Landfill. Warren County citizens face health risks from a great number of sources and available resources should be allocated to those areas where intervention can be shown to be most effective. There are a number of environmental challenges facing the state and available resources should be allocated to those problems demonstrated to pose the greatest risks to our state. This "Working Group" will do a disservice to the citizens of Warren County and the State of North Carolina if it is allowed to pressure state officials into expenditure of funds for detoxification or other procedures for management of the Landfill which cannot be justified in terms of potential health protection for the citizens of Warren County. Thank you for your careful consideration of these concerns. Si~rel~Z:, /{'?A £/2 De~ Ret~~f, Jf~tor CC: Members, Joint Warren County and State PCB Landfill Working Group V. Alfreda Jordan-Webb, County Manager •.-. . \ ···---- • /onathpn B. Howes Secretary of Environment, Health, and Natural Resources ~ . ~ To. fu,h . / ~ ., DATE: & -~7-7'f RESPOND BY : I PLEASE: REMA __ Draft a reply for my signature and return to me. -----1Reply, noting the letter was referred to you by me (ropy to Secretary's Office). __ Draft a reply for the Governor's sign a t u r e and return tome. ___ Reply, noting the letter was referred to you by Governor Hunt (ropy to Secretary's Office) __,__ For your information. _,___Take appropriate action. __ Note and file . . _. __ Note and return to me. Note and see me about this. __ Yourcomments a n d / o r r e r o m m e :.;;;> 512 N. Salisbury Street Raleigh 27604 (919) 715-4101 #. • "" State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt. Jr .. Governor Jonathan B. Howes, Secretary March 23, 1994 Mr. Howard E. Tomlinson, Jr. 12 Hillcrest Point Littleton, North Carolina 27850 Dear Mr. Tomlinson, Thank you for your recent comments and copy of the resolution concerning the PCB Landfill in Warren County. The State is the owner of the PCB Landfill and responsible for providing long-term maintenance of the site. The Department is currently funding a scientific study to evaluate the safety of the landfill and identity risks to public health and the environment. If any risks are identified, the State will respond to ensure that the landfill continues to be safely maintained. Part of the study will be to determine the need for removal of water from the landfill and technical recommendations for removal of water if required. This is consistent with the Board of Health's resolution that recommends that the State make a decision on managing the water in the landfill and removal and appropriate disposal if necessary. The Board of Health, County Commissioners and the Department have the same objective, to make sure that the landfill is safe and make fiscally responsible decisions for any necessary corrective action. I appreciate your comments and urge you to participate with the joint Warren County and State PCB Landfill working group to provide solutions to the long-term maintenance of the PCB Landfill. ~~=-~-~ Jonathan B. Howes JBH:wlm cc: William L. Meyer, Director Division of Solid Waste Management P. 0. Box 27687. Raleigh. North Carolina 27611-7687 Telephone 919-715-4100 An Equal Opportunity Affirmativo Action Employor 50-X. rocyclod/ 10% post-consumer paper , " Jonathan B. Howes ~<_;·•::.'sr";;;-. r,,r Secretary of Environment, Health, and Natural Resources ' , r TO: ~/4._ hh DA TE: ;;._ -;J..J-9 5/' RESPOND BY: matt,/.__ )i ~ PLEASE: REMARKS: L.---'I)raft a reply for my signature and return to me. ___ Reply, noting the letter was referred to you by me (copy to Secretary's Office). ___ Draft a reply for the Governor's signature and return tome. ___ Reply, noting the letter was referred to you by Governor Hunt (copy to Secretary's Office) ___ For your information. ___ Take appropriate action. ___ Note and file. ___ Note and return to me. ___ Note and see me about this. ___ Your comments and/ or recnmmendations. --::: . 1_ :.. :: ?~,. -..,__ 1 I 199-t ' .;~-Y :::""!2:.:l.i;.:,•;;';>/ ··-· 3.~ _ 512 N. Salisbury Street Raleigh 27604 (919) 715-4101 P•l!J ~ OJ. U 1111,ap aJow 1.41!"" UJn,a~ ew 01 Ado, "'IHM 'JeMtu• HH!d O 41enba1 JnoA Jad 0 J.td•J 01, ew JOI, UOf'IWJOjUI IJl'd8Jd O __.. --....-; e UO!lltJ81\UO) Jno J8d 0 0Jn1•u~11 Aw JOJ A(dOJ •••d••d O, , 7..---:::..?C"-(IAOJdd1 ,noA JO,j <cl' uou1wJOjUI ,noA J~ D •ti.fl •,noq• aw au pu• 110N D a11a1d ,,,uewwo, JnOA O 1w 04 wn,a, pu• •&oN D PJINUOj pu• 1•1uu1 'a.ioN O •m pu• IION 0 NOil.JV :s}{J"SWaH .tfl ?FV{IJ P!/C!;fl JJ-7/7/l{ 1/VOld --V?fl'V[r ywtJr :oi t?;• 1 -f /-'? .,,a SD~nOS3~ lV~nlVN 0NV 'Hl 1V3H 'lN3~'1NOmt\N3 :10 1N3Wl~Vd30 VNllO~VJ Hl~ON J • HOWARD E. TOMLINSON. JR. 12 HILLCREST POINT LITTLETON. NC 27850 February 22, 1993 ~Ir. Jonathan B. Howes, Secretary North Carolina Department of Environ!nent, Health and Natural Resources P. o. 8ox 27687 Raleigh, NC 27611 Dear Sir: Warren County PCB Landfill I am a member of the Warren County Board of Health and I attended the May 24, 1993 public meeting held in the Courthouse to discuss the PCB Landfi 11. /\s a result of that meeting the Warren County Health Department initiated u well testing program involving about 35 private wells In the immediate vicinity of the Landfl 11. /\ll results were negative; there was no indication of PCBs in any of the test samples. On October 4 the Harren County Board of Health adopted a resolutlon which was p11bllshed in the Harren Record on October 13, 1993. /\ copy of this n-esolution is enclosed. I have great difficulty trying to understand the threat of hydraulic pressure on the liner -through five feet of packed clay -or the effect of 12 to 13 feet of water-soaked earth on the liner -when residential s-wimming pools contain over six feet of water directly on a plastic shell with a foot or two of packed sand beneath; these pools do not leak. I personally believe the hazard of PCBs to our citizens is absolutely minimal. Dr. Ronald H. Levine, State Health Director, acknowledged to my direct question at the aforementioned public meetin3 that there has never been a case of recorded sickness or death attributed to PCBs in the state of North Carolina. Dr. Ralph Heister, a respected environmenta 1 ist from Penn State University, has investigated a problem of fCB .contamination of Valley Creek in Chester County, Pennsylvania. The creek has been stocked annually and fished for many years. Dr. Heister tells me there has never been a recorded case of sickness or death attributed to this PCB problem. I read a news review not long ago on the toxic dilemma; regulation costs versus risks. It quoted Representative John Dingell of Michigan as saying "we have seen in recent episodes on asbestos, dioxin and PCBs where risks have been dramatical0ly overstated at simply immense cost to the public". To spend additional taxpayer money on thls PCB project would be a gross injustice, especially when budgets are so tight and there are many, many more important problems to address. Please give this matter ..:serious consideration before further action. s-J~h· . SI I your_s, r:J _ F • 'f om 1 i n son , J r / RESOLUTION PCB L\NDF I LL IN WARREN COUNTY WHEREAS, the PCB Landfill located near Afton ln Warren County ls the property of the State of North Carol lna WHER&\S, l t has been determined by the State Department of Environment, Health and :~atural Resources that the PCB Landfill contains an excessive accumulation of water which may, or may not, be a threat to the integrity of the landfill liner WHEREAS, after many well tests for presence of PCBs in the vicinity of the PCB Landfl ll, there ls no evidence whatsoever of PCB contamination emanating from the Landfill and hence no threat to the health and well- being of the citizens of Warren County WHEREAS, the State Health Department has verified the fact there has never been a recorded case of death or illness attributed to PCBs in the State of North Carolina WHEREAS, the Warren County Board of Health is charged with the care and responsibl llty for the health interests of Warren County WHEREAS, ln consideration of these aforementioned conditions, the Warren County Board of Hea 1th does not believe the PCB Landfill poses a hazard to the health of Warren County citizens THEREFORE, BE Ir RESOLVED, that the Warren County Board of Health recommends the State of North Carolina make the decision on whether or not to remove the excess accumulation of Yater from the PCS Landfill and, if so, to use appropriate means of disposal. Adopted this _____ _ day ______________ ,1903 Date -------------- ----State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt. Jr., Governor Jonathan B. Howes, Secretary NA DEHNA March 22, 1994 v. Alfreda Jordan-Webb County Manager, Warren County 130 North Main Street P. o. Box 619 Warrenton, North Carolina 27589 Dear Mrs. Jordan-Webb: The Department of Environment, Health and Natural Resources is pleased to respond to your request for funds from the Solid Waste Grants Program by awarding $100,000 for capital improvements on the PCB Landfill. Although more funds were requested for Warren County, the great need for financial help by local governments required that the Department share funding equitably. It is my understanding that the General Asse~bly may fund this program again in the upcoming short session. The state is the owner and operator of the PCB Landfill and has both responsibility and liability for all activity on the site and therefore, must agree with and approve any proposed capital improvement project before it is implemented. The funds are limited to being spent on capital improvements that include1 renovations, repairs, maintenance, landscape improvements, new construction, equipment purchases, utility modifications, and other appropriate capital improvements on the PCB Landfill. The Department of Environment, Health and Natural Resources and the Division of Solid Waste Management look forward to working with you to ensure the protection of Warren county citizens. Sincerely,· ~~--h-~ Jonathan B. Howes JBH:wlm P. 0. Box 27687. Raleigh. North Carolina 27611-7687 Telephone 919-71&-4100 M Equal Opporh.nlty Affrmative Action Employer ~1. recycled/10,, post-cOnslATler paper !: .. lm•DAY•Yfl \ICUCHERHl.l,aER DEPARTMENT OF ENVIRONMENT, HEALTH & NATURAL RESOURCES No. 443365 P.O. BOX 27687, RALEIGH, N.C. 27611 . TOTAL NET AMOUNT DETACH HERE STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT. HEALTH & NATURAL RESOURCES RALEIGH, NORTH CAROUNA COOIE......,. 100000.00 100,000.00 CHECK NUMBER 443365 4433&:S 99-1059 531 $AMOUNT• "I [ 3/22/94 4433&5 4931& $100, 000. 00*) PRESENT TO: STATE TREASURER PAYASLE AT PAR THROUGH FEDERAL RESERVE SYSTl:M PAY TO THE ORDER OF jWARREN COUNTY L L r.;. •' . . -~-·+:~ .:: ·_ ' .. . ~-:.~.~·:· .-........ S··· .. ,. {:·/\ ;::\· .-; -~~~y~~ -:,(··' .--:,_ .. ·,,., . ., "\' ..... ~ ·•' <-l!',;1 . .,:1 '\"-•-~~ ·-•·dit':'J;'j .. ~ • ~ '{,_.~,i...:~f. ~:-.. T'OR otll 0, "9CM. _..,._·-:,~~=-::-:-t, -=~·:. ~--.,;,_•~)_ .. , .·.:• . -~~ ....... · .•>" : .. : ~; .. '\~--~ . . ·, ..... · ~ . . . . . ~ ·• .. _ . . . ·,. .·- -: ,.:.~-... L?c.1µu11,, ''=''" u1 c, 11.11, u, 1, 11cn1, ,. •1 _./.,,Health and Natural Resources James B. Hunt. Jr .• Governor Jonathan 8. Howes. Secretary ••;:l'~ --~~~ .. ,.... --- a a a -----. DEI--INR May 21, 1993 Mr. Ken Ferruccio Ecumenical/Environmental Leadership Coalition Warrenton, North Carolina · Dear Mr. Ferruccio: Thank you for your memorandum of Monday, May 17, regaiding the PCB landfill in Warren county. As you know, the St,3te is very concerned about potential breaches or the landfill liner that might occur because of the estimated 500,000 to 1,000,000 gallons of water which has collected in the bottom of the landfill. We want the sol1Jtion to this problem to be worked out jointly with citizens. Therefore, we have contacted local citizens and officials about the problem; we have set up opportunities for broad public input; and we will create a first-of-its-kind joint advisory committee comprised of local citizens and State officials to develop a process by which the water can be removed. : In your memorandum about this matter you raised !ive specific concern• which I would like to respond to. First, the State stands by its commitment tc detoxify the landfill once a process is developed that will do so without posing a greater risk to citizens than the landfill itself. In 1984, a State advisory committee examined options tor deto~ification and determined no teasible process yet existed. I have directed Departmental staff to work with citizens again to determine if new technology has been developed which wo~ld effectively detoxify the Warren County landfill . Second, the State has no intention of expanding the current landtill. Moreover, legislation was passed in 198J which prohibits the construction of any PCB or other hazardous waste landfill within 25 miles of the existing Warren County PCB landfill. You also raised concerns about the siting of regionc1l solid waste landfills in Warren County . Local go~ernments in North Carolina have total responsibility for siting solid waste landfills. The State is only involved through permitting such taciliti~s based upon established environmental regulations. Prohibitions on siting a solid waste landfill would have to be don~ through the legislature. P.O. Box 27~7. Raleigh. North Corollno 27611-7687 lelephone 91~1-7JJ-A98A M EQuol Opponunlly ANltma!lve Action EmoloyEN 50,. recycled/10,. po,1-col'\Sumer pooer (7) I r Third, the State's goal is to find an on-site solution to the problem ot water in the landfill. We are very sensitive to the concerns ot Warren County citizens that ,PCB waste t':~om the Warren County landfill not be transferred to another community, especially to one that is rural, relatively poor, and predominantly African- American, Native American, or Hispanic. I We-havn a ~trong desire to avoid s~ch a transfer as well. Our Hazardous· Waste Section staff have identified an on-site means to handle the water to be pumped out ·of the 1 and ti 11 which they believe will protect public health and safety. As o! yet, however, no technically feasible means to handle on-site the sediment that will be pumped out with the water ha~. been identifietj~• A principal goal ot the joint advisory committee will be to review the proposed solution tor on-site handl'ing of the water and to determine if an on-site solution for the sediment can be identified so that off- sita options will not have to be exercised, ' ' Fourth, once again, the State pre~ers not to truck any waste oft-site, and therefore will be working .with citizens to identify an on-site solution that will preclude the need for material to be removed from the site. Fifth, we are eager !or outside review of the entire process. The purpose ot the joint advisory committee will be to bring citizens and the State together to devel~p, monitor, and review the process by which the water will be removed from the landfill. Additional outside review would be welcome. I will be at the public meeting r~garding the landfill which we have set up tor 7 p.m. on Monday night at the Warren County Courthouse. I look forward to seeing you there. To: Jonathan Howes: Secretary of Environment, Health and Natural Resources jP.d- From: Ken Ferruccio: Ecumenical/Environmental Leadership Coalition, Director f\J Subject: Response to State PCB Plan: Conditions, pp 3+4 Date: 5/17 /93 For Immediate Press Release (919-257-2604) I assume you've been briefed on the complexity of the issues, specifically, from the historical perspective, and more specifically from the perspective of Warren County and the targeted communities. Certainly, we of Warren County understand the historical perspectives. We should. We lived them, helped to create them, and gave them a language, And it was this language that ignited the spark, t11at lit the fuse, that blew the powder keg in 1982 and again in 1983. The light and heat from those explosions fused forever concepts that for too long had been kept apart: environmental justice, environmental civil rights. So when the dust clears. and when the history of the environmental/civil rights movement is written, it will begin with Warren County, and with the language that Warren County created in response to events from 1978 through 1982, in response to events of 1983, and, more recently, in response to events of 1992, when Lickskillet, a poor, black community, three miles downstream from the PCB landfill, was targeted for a 1 ooo -1500 -acre-regional solid waste landfill. . We had to remind public officials advocating that siting, that Warren wrote the book on opposing sitings. We had to remind them that in 1982, and again in 1983, members of three races, blacks, whites, and Indians carried a cross here and were sacrificed in defense of principles universal to all people, places and times -to all races, colors, classes and creeds. We had to remind them that that sacrifice changed the way we see the world, that it was the spark that ignited a revolution, that it was a major, a lasting historical achievement, or, as EPA calls it, the watershed. We had to remind them that it was the beginning of a pilgrimage of conscience, a pilgrimage of activism that would go on forever. And therefore in this deeper, in this more profound and eternal sense, everything concerning siting since 1982 is a footnote to Warren County. And now . here we are again, continuing the pilgrimage under the authority, not only of the county and of the state, but also under the authority of the National Episcopal Church, under the authority of the National Council of Churches, and, ultimately, under the authority of God, and supported by ecumenical and environmental leaders throughout this state and nation. And our responsibility together now is to formulate the best language in response to this PCB crisis, to formulate the best, the most environmentally sound and equitable solution for everyone. (I) We are deeply disturbed about the PCB crisis here and about the trends this crisis represents throughout our state, our nation, and our world. The Afton crisis symbolizes the prevailing model for economic/industrial development: the model for waste expansion and inequity. The goal of this expansion/ inequity model is to establish a massive waste management infrastructure to solicit waste from other states and from overseas.This model is informed by a rationale for selective human sacrifice because it requires for its implementation the transformation of targeted communities into sacrifice zones by toxic, hazardous, and nuclear waste facilities , and by massive solid waste management facilities. The model requires the gradual, but inevitable extinction of the targeted community by the preemption of its civil rights. Afton, Warren County, symbolizes the loss of just about everything that the 13th and 14th amendment rights are meant to protect. The 1982 siting put Rosa Parks in the back of the bus once again, and now the bus is self-destructing. The Waste Management Act of 1981 and the Sub-0 regulations continue to perpetuate the rationale for selective human sacrifice. And so I think, Secretary Howse, you can understand why we must continue to resist these sitings, to resist them absolutely, and the trends that they represent, and why we cannot permit trucks loaded with solid waste or PCB waste to enter or leave our borders. Our waste management problem, and our PCB crisis must be resolved, but must be resolved locally. Afton symbolizes also a crisis witt1in the soul of the state, and this crisis must also be resolved. The crisis involves the two diametrically opposed and conflicting models for economic/industrial development struggling to control the soul of North Carolina: the model for waste expansion and inequity. and the model for waste reduction and equity. These are not false polarities. These are not false choices. They are true choices. They are profoundly ethical choices. EPA siting regulations, Governor Hunt's Waste Management Act of 1981, and Sub-D regulations are the reverse of what is needed for waste reduction and equity: (1) Instead of siting to solicit waste, we should be reducing and preventing waste to preclude sitings. (2) Instead of preempting rights to sacrifice communities, we should be reaffirming rights to preserve communities. (3) Instead of sacrificing the few for the many, we should be creating and preserving quality settings for every community. (4) Instead of preempting the significance of public hearings, they should be the corner stone of our democracy. (2.) (5) Instead of exclusiveness in decision-making, inclusiveness. The prevailing model undermines the fundamental premises for a sound theology, for a sound democracy, and for a sound ecology. It leaves us ultimately without God, without freed om, and without a planet. It is a self-destructive model, a suicidal model. It is a model for social disintegration, informed by a rationale for selective human sacrifice. These are our concerns from the more global perspective. Turning now to our local crisis, we need to resolve it within a framework compatible with the principles of waste reduction and equity. These are the bottom lines: (1) The proposed Band-Aid approach is unacceptable. It's only a stopgap measure. Our objective must be to restore the ecological status of Afton to what it was before the siting and to restore its property values, by creating the reality and the perception that Afton is a very fine and safe place to live so that the people of Afton and of Warren ~ounty will be able to move forward once again to a safe and prosperous future. We need therefore to explore the option of on-site detoxification, assessing costs. risks, etc. In other words, we need to help Governor Hunt keep all promises made in his 1982 letter to the people of Warren County. (2) If our research indicates that on-site detoxification is not presently a viable option. then. after on-site stabilization, future activity at the site must involve monitoring and maintenance only. Repeating the 1992 attempt to take advantage of the sacrifice area by expanding from the foothold will be resisted. (3) The solution must be restricted to the site. The solution must not include an expansion of the present site, nor in any way transcend its present borders. Expansion will be resisted. (4) The trucking initiative must be precluded. Under no condition will trucks loaded with PCBs leave the borders of the PCB landfill. Such an attempt will be met with the most serious forms of resistance. (5) We will need to be convinced by disinterested scientists that the filtering process will extract the PCBs from the 500,000 to one million gallons of contaminated water that the state is planning to spray all over the site. The attempt to (3] initiate this process before a disinterested scientific assessment of risks has been explained and consented to will be resisted. If the above conditions can be met, we can move forward together. Finally, when your people come to Warren County, tell them that in 1982, three races carried a cross together in the poor and predominantly black community of Afton, here in Warren County, and that here, together, they were sacrificed. Tell them, therefore, to come with reverence and with awe. Tell them that in 1982, in Warren County , North Carolina, blacks, whites, and Indians transcended a history that had divided them and came together in brotherhood and love, and that from their sacrifice emerged new hope for a new history, informed not by a rationale for selective human sacrifice, but by the universal brotherhood of man. Tell them to come as pilgrims on a pilgrimage, because all this land is holy land, all this ground is holy ground. Secretary Howse, that concludes my memorandum to you. And now I would like to translate what I have said into the language of the people: What we have out there, folks, in the poor black community of Afton ,is a bus. Now I know it doesn't look like a bus. It's not supposed to look like a bus. It's supposed to lqok like a landfill. But I'm telling you, it's a bus. And the bus is self-destructing. And I'm telling you that one of our neighbors is on that bus. And her name is Rosa Parks. I know Rosa Parks. · Rosa Parks is a friend of mine. But instead of trying to get Rosa Parks off the bus, and keep her off the bus, we're getting ready to build a whole fleet of buses, just like that one, and getting ready to fuel them with the high octane of Sub-0 regulations. And then we're going to drive those buses into the poor black and other poor minority communities, put the poor folks in the buses, and then wait for the buses to self- destruct, just like we did in Afton. These are the big buses; these are the massive solid waste buses, containing toxic and hazardous waste; these are the 800 acre buses, the 1000 acre buses, the 1500 acre buses. These are the buses that will contaminate the groundwater of the poor black and other minority communities. How long? Not long. 1 n December of 1978, I was 36 years old, when I told the state of North Carolina that it would be due process first, then civil disobedience if the state attempted to bury PCBs in the poor and predominantly black community of Afton. How long? Not long. In 1982, I was 40 years old when as a last resort we had here the largest nonviolent civil disobedience in the south since Dr. Martin Luther King, Jr. marched through Alabama, according to the Duke Chronicle, and when I was arrested 8 times. How long? Not Long. in 1983 I was 41 years old when I began the second civil rights movement in response to the state's plan to spray 750,000 gallons of PCB-contaminated water all over the site and fasted 18 days in the Warren County jail. How long? Not long. Before I was 42 I'd been arrested 9 times on this issue. How long? Not long. In 1992, I was 50 years old, when I cautioned the local, state, and federal government that the attempt to site a 1000-1500 acre landfill three miles downstream from the PCB landfill in the poor, black community of Lickskillet would be met with the most serious forms of resistance. And now, It's 1993, and I'm 51, and I'm telling you again that the bus is self- destructing. And that we're getting ready to build a whole fleet of buses just like this one, with the same self-destructive mechanisms. and fuel them up with Sub-0 , and drive them into the poor minority communities. : And then we're going to put all the poor folks inside with Rosa Parks, and wait . for the buses to self-destruct. Estimated time of departure: October 9, 1993. How long? Not long. Because the high octane of Sub-0 regulations, the high octane of The Waste Management Act of 1981, and the high octane of the philosophy of waste expansion and inequity is the same high octane that drives the rationale for selective human sacrifice. the same high octane for discriminatory and segregational sitings. But like the sun through the foliage on a green day, I know my way. I'm not going to follow the Sub-0 regulations; I'm not going to follow the Waste Management Act of 1981; I'm not going to follow the rationale for selective human sacrifice, because I can't accept this rationale. I couldn't accept it in 1978 when I was 36; I couldn't accept it in 1982, when I was 40; I couldn't accept it in 1983, when I was 41; I couldn't accept it in 1992, when I was 50, and I cannot accept it in 1993 at 51 . And I will never accept it, because to accept selective human sacrifice is to perpetuate it and to encourage it. Now I would like to suggest a process through which I believe we can work together toward a resolution to the problem. There will be a Director for Research, Planning, and Communications in your office, Secretary Howes, whose sole responsibility will be to deal with this issue. And that same research, planning, and communication process will be coordinated from this end by Deborah and me, (5) ' ' and by others who would like to participate as well as by those who may need to participate because of their official positions. Communications between your office and my office must be open and fluid. Obviously, you'll decide who the Director of Research, Planning, and Communication will be at your end, but we will expect someone with the following characteristics: An open and flexible mind that can (1) assimilate information quickly (2) evaluate information from interdisciplinary and multidimensional perspectives and within the context of criteria and objectives compatible with the 5-point framework, and in accordance with principles of waste reduction and equity. (3) contradistinguish what is central from what is peripheral, especially, concerning the needs of the Afton community. (4) Communicate information clearly, concisely, and accurately. A committee will be needed consisting of various experts, and we'll need to formulate an acceptable plan together. When we think we've got a plan compatible with the 5-point framework, we'll have a town meeting and present it. I .._ •' STATE OF NORTH CAROLINA OFFJCE OF THE GOVERNOR RALEIGH 27611 JA .. U &. HUNT, Jf\. QOVEIINOl'l Octobe:r 20, 1982 An Open Letter to the Citi~ens of Warren County: I appreciated the opportunity to meet with community leaders and members of the executive committee of the Concerned Citizens of warren County on Friday, Octob~r 8. We had a full an~ frank discussion, lasting about two hours. We did not agree on everything, obviously. But it was a valuable meeting for me ~nd, I hope, for ~ll of you. I told your representatives that I understand and respect your concerns about the PCB l~ndfill. Nobody w~nls a landfill of any kind in their community. Your representatives expressed your concerns in strong, clear terms. They did not hold anything back, and I appreciated their frankness. In turn, 1 was frank with them. I told th~m that, in my jud9ment, the State of North Carolina had no option but to place the PCB-tainted material in a safe and secure landfill. The Environmental Protection Agency would not approve handling the material in place along the roadside. I told your representatives that Warren County w~s chosen for the site solely on the basis of technical reasons. No other conpideration whatsoever was involved. I also said during the meeting th~t the State of North Carolina does not intend to simply walk ~WAY from any responsibility once the landfill is completed. I made several commitments to that end, and I want to spell those out for you: l. At the request of your representatives, the state will sponsor a public meeting in Warren County at which our agency offici~ls, en9ineers and scientists will_- review the safety features at the landfill and respond to your specific concerns ano questionM. The meeting will be held At 6;30 p.m., Wednesday, October 27, in the National Guard Armory in Warrenton. (more) • r' Warren County Citizens Page Two October 20, 1982 ..... 2. The state will push as hard as it c~n for detoxifica~ion of the landfill when and if the appropriate and feasible technology is developed. We will seek to establish a joint local-state-federal working qroup to pursue this end. The State Board of Science and Technology, which l chair, will have the specific ~esponsibility for pressing the Environmental Protection Agency to develop this process and for monitoring research to determine when detoxification is pos$ible, 3. The state will maintain continual monitoring of the l~ndfill. Thi& will include the roonitorinq systems included in the design of the landfill itself, monitoring af the residential well6 within~ three-mile radius of the landfill and checking ~trearns and creek5 in the area. 4. The state will cooperate with your county health department in providing environmental and health monitoring for those persons who live, work or go to school near the landfill. Warren County Health Director Joe Lennon and or. Ronald Levine, the state's health director, will be responsible for developing a monitoring program that will guarantee that the health of the citizens in the area is being protected. 5. My administration will support legislation prohibiting any additional contaminated soil from ever being placed in this landfill and prohibiting the ~tate from ever placing another landfill in your county for any purpose. I . understand that Frank BallAnce will be preparing legielation along these lines, and we will work with him on thi. iaaue. 6. The State Department of Commerce will make special efforts to help Warren County attract ind~try and jobs. We will encourage businesses ~nd in~ustries to vi.it the county and consider sites there for expansion. The.e are the commitments I made on behalf of the State of North Carolina. It ig my responsibility to see that they are carried out, and I t~ke that responsibility seriously. (more) f'• • I • • " ... - Warren county Citizens Pi!ge Three October 20, 1982 I know how controversial this matter hes bean, Again, I respect your concerns. And r take them seriou~ly. Your state government has A responsibility to you ~nd to all the people who live along the roads where the PCB materi~l w~s dumped, as well AS all the residents of North Carolina who might have been affected had that materiAl spread and entered the food chain. The state is convinced, on the basis of the best scientific evidence that is cv~ilable to us, that the landfill is safe and will remain safe in the future. But you and I have seen that scientists can disagree, and their disagreements concern Ui, That is ~hy I intend to see that the State of North Carolina keeps its commitment t'o you, your children and your grandchildren to eontinue to press for detoxificaton of tha site, to closely monitor it and to guarantee its safety for generAtions to come. That is the pledge I maoe to your representatives. in my office last Friday, and it i~ the pledge I make to you I now. My very best personal reqaras. - STATEMENT BY GOVERNOR JIM HUNT Thursday, September 23, 1982 News Conference There has been a great deal of controversy over the PCB landfill in Warren County, and I think everyone should keep some important facts in mind. The dwnping occurred more than four years ago. Since then, the state and the federal government have explored every alternative for disposing of this material. The Environmental Protection Agency has ruled out in-place treatment. This is the only alternative available to the state. We have looked at about 100 possible locations for a disposal site. The site in Warren County is the only one that met all the safety requirements and that could be obtained by the state. The federal courts have thoroughly reviewed this matter. All of us can understand the apprehensions people feel when any landfill is placed in their community. But we can assure the residents of Warren County that this landfill will be safe and will present no danger to them or to their families, now or in the future, and that no other material will be stored there in the future. Obviously, this is an emotional iss~e. Our society is having to learn to deal with hazardous waste issues, and it is tough. It is unfortunate that we ha~e had to station more than 70 Highway Patrolmen in Warren County ta handle these protests. All of 7 · us would prefer to have those pat olme11 on our state's roads and highways. But the responsibility o th~ State of North Carolina is to do where the material was dwnped. The state will meet that resJ onsibility. # # # ,, DEC 14 1981 honorable JaIIEs .i::.. Hunt Governor of Nort.b Carolina State Capital \ kaleigh, North Caroli.'1c. 27611 Dec.r Governor Hunt: ... --. On June 4, 197S, ~ion IV gave conceptual approval, with certci."1 ccnaition.s, to the \-~ren County, North Caro.Lina, site as a chemiC2l waste landfill GE author1.zeu in 40 CFR, Part 761. One! of the a:mciticns was t..'1at the State sci:ll'J.t final pkns and Sf.,€CificatiCT..s to this office for apprcval, in writing, prier c.c the initiation of constrt..-ction. These ;,lan.s anc s:pecifications nave been suarJ.tted ana are hereby awrovec subJect to the enclose:: concli t:ions. hE coimeno you anc t.i.',e 22ny involved fer your d€Gicaticn to reacilir.9 c. final sclutior. to this er;v1.ronrrent.a..1 problem basec en th<: tecr.u10loq.f as it exists today. If we caD be o.t f urt.h€:r assistance, please lE t r.:-e kn0vv • .Sincerely yours, /s/ Charles R. Jeter Re.gionat Administ:~/sr Oiz.rles ~-Jeter l'e<Jicnal Administrator .E.nclosurE= cc: ,tv,.r. burley E. !11 tcht:l.l, Jr. , &:?er e t.ary , .t,crth Cc.rolin2. ueparbrer:t ot Crime Control and hblic Sa.iety t<cle1.9h, 1'.ort.1 Carol.1r.a G.i•i. ~u-icklanc, ~--E.-ci Solie & Eazarcous Waste f.'..:ma.gerrent branch £..r.virornY2ntal iiEsJ. tt Secticn Der-crbrtnt oi hu:;,,211 i--c>sources Division of hE:u.th Services t\cle1sh, L"',Jrti: Carolina Cr. Sara r'.orrow Liq:;artr.er.t oi 1-1..ur:-an ksou.rces Livision of he::..lth Services F-c:leigh, t.;ort.1: Caroli.t12 .. - DEC l 4 1981 Final Approval Conditions for PCB Chemical Waste Landfill in Warren County, North Carolina, owned and to be operated, closed and post closure cared for by the State of North Carolina on property formerly owned by Carter C. Pope and Linda w. Pope, found in Deed Book 278, page 252. I. Reference June 4, 1979 approval letter signed by John C. White A. General requirement numbers 1, 2, and 5 remain in effect. B. Technical condition numbers 1, 2, 3, 4, 6, 7, and 8 rerrain in effect. Condition numbers 9 and 10 have been satisfied. II. Additional conditions of this approval are: A. Leachate collection will be monitored monthly and collected leachate disposed of properly, if required (761.41 (b) (7)). Records will be maintained on file at a designated State office. B. The operation plan will be followed, as approved (761.41 (b) (8) (ii)). C. Records will be maintained and sutrnitted to the Regional Administrator within 90 days of closure (761.41 (b) (8) (IV)). D. The fence, gate, and access road shall be maintained in good working order as long as post closure monitoring is required. E. Report to EPA Region IV any instance of detection of FCB's through the monitoring program imnediately. F. Designate a State departmental person who will be res?)nsible for operation and for post closure montioring prior to initiation of construction (761.41 (c) (5)). G. Notify EPA Region IV 30 days prior to transferring res?)nsibility for operation or any change in ownership (761.41 (c) (7 )). H. Monitoring Program 1. General The parameters for ground and surface water monitoring for this program are found at 40 G~ ( 761. 41 (b) ( 6) ( iii) (A) , (B) and (C)). Samples -should be c::oJ:lecteci and analyzed in accordance with EPA approved procedures. 2. Ground Water a. Background -Each well must be sampled at least three times and the data submitted to Region IV prior to any disposal. A minimum of one week should elapse between sampling. At each sampling a minimum of tw replicate measurements for each value or concentration should be made. I 8 { / ' - b. During Operation -During operation or for a period of one year, whichever is shorter, all wells must be sampled rronthly. c. Post Closure -Each well must be sampled on a semiannual basis. 3. Surface Water a. Background -EPA Region IV will designate surface water sampling locations. These locations will include, at a minimum, t'wO (2) sampling points per surface water body (one upstream and one downstream). Each of these points will be sampled each ti.me the background samples are taken for ground water quality. b. During Operation -Each of the designated surface water sampling points will be sampled rronthly during operation of the facility. c. Post Closure -Each of the designated surface water sampling points will be sampled on a semiannual oasis during the post closure period. 4. Chanoes in Proorarn Upon a determination by the State or EPA that containii'€nt has failed, t.~e sampling frequency of either ground or surface water sampling may be rrodified. EPA may also require t11e installation of additional rronitoring· wells and an ex;:ansion of the list of rronitoring parameters. 5. Well location and screened elevations shall be coordinated with EPA Region IV in the field or by telephone as appropriate. I. Undisturbed sarnples of the soil liner will be taken and the laboratory permeability determined and submitted to EPA Re<;ion IV prior to any disposal (1 sample per 25,000 square fe~t of l iner). // ------ lln,to•d StJlr'i t nvuonmcntJI Prott!C!1on Agency Hrquu, ~ J--l~1 Cn·.·tl.1ud '.~'"·•·: NL ,\tl.1nt,, · ,_. .~OJOd ;,;,11,.,,1,.1 i · .• ••;1,1:., ; l-.,r,·:.1 ~. j • ' ... j . •.,I:.,;) I. ,. • I;: 1 I ( . -1 f":, f', I ~,c,p{h ;· ,l(._,i,f· 1. T1~1H1.-•.·.•:•• -------------· ------· ------------· ------ June 4, 1979 4AH-RM Ho norable James [L llunt Governor of ~lorth Carolina State Capitol Raleigh, North Carolina 27611 Dear Governor Hunt: On February 17, 1973, the United St.itc'.; Cll':;r·or::::~ntJ.l ?rOi.'..:Cth· ,~,;;ency ([PA) published final r1!qulcitio11:. in ~:.2 F,:,Jer:il P.c'iis'.:~r- (43 FR 71~0-7164) on Polychli:r·inatcd 8i ;1 i:f!•.1ls CPC:5-;J, Jis-Gosr'l_l_ and Marking. These regulatir.ns 1-1:•r,' ,1;::r:ri ri!.:•~ by ti,•~· Fe: '·:->rt,1 ?-.::q ;-::,:r- (43 FR 33918-339l0) Oil 1\u 1·'ist L, 19 ::~. i::-~·-,t.! rr:'.jtJlc1L.·i·r_)-::s-pr~c::!i::>·(:~--- thc dispos.:il of PCBs .:it JII"' ,;; tr nc::t ;q,:,nJ,•"i ;-;·: U1e F.i'i\ .1 U.t.:r /\cr·il 18, 1973. and these rr@l utio,1•; r,:r:u'r-,~ :,,1L ti1? C\·:ni::r 2n,./'.Jr" operJtor of a chc::iicJ1 1·1aste i.·,ndfi 11 w -:·,: ;-<Jr ·J1,~ ,ii:;:·os,?l of re:>: su hmit inforr;;ation in acconi.;11,·,:-v,i:!1 S"-=~:-,n 7:;j _,::, C1K:::icc:1 .::....~e: Landfills, to the Regional ,~d:111nis t?·<1tor :u i°<-''-'i;...'.-1. in accordunce with the .31Jovc rrfr:rc::1,:r'i :·r":u1.-1:.ior1s . .1 fn,-:::,1; a;ir :1:- ca~ion l'inS fi1ed 1-lith t!.is office dJu:d :>c,i:hc:--1:-~, 19r:, ;·(:quP.s~inq - approval of a site in Harren County, r:.-ir:.h C.1rolina \·1hich \•1ill !irc· 01·med and opcr.:ited by the Stat~ of ::.,i-~i: C11·ol inil Jnrl us~d :01· '..i;-2 disposal of PCl3 contaminated soil frr,::r UI(! :iighv,a; shoulders i!? the State and from the Fort Gragg r11 ilitJry n:s2,--1.1tion. t, public h(!ii-ing 1-.,<1s held in H.irrenton, fforth Carolinii on J.,nuc1r; •L l'J79, fc:r ~1ub'.ic input. Tne hearing record ,'iu<; helc.i ujIe'.1 u,1c.i l Jar:uury 12, 19,:;, for Jc:ditional written public input into tl10. J2:isinn pr-ocess. Th<: result of EPA's revie1.,, is th.Jt t!ir. flro:~.1s,cci site •.-1ill rr;et~t ,1l i the technical requirements for a chcrniCJl \-Jc, .... tc Lrndfil1 JS ,·equi1·cd i11 Section 7Gl.41(b), when cons tructed i n ~cc.,1·di111cc 1-;itll U1<~ enclos ed cor,di tions to this approvJl except fur t.:1e follo\"in<J: (l) 76l.4l(b)(l)(vi) ";\rtifici a1 l i?w:· U1ickness 30 ,nii. ur greut~r." (2) 751.::1 (b) (Z ) "The s i tc sll,1;; t.,,: ne,ff2 st g rounJua te :-. " th,, •:1:cl ose.J technical rC'-'it"::. ':',1 1;r :·,_,,,,_;c·.: t.,·, ·.-1,1i•1c r_:a-: lc,,r:;1:~.: cn '.'.~ction <;:.,st,~!;1 undcrnc ,1t!; ~::l~ Ji;:·::· is '::;;i12_' :·r,r tile r'22s0r;s s:c;tcJ in ::10 enclosrd !.t.:L!i::\:ci1 1·r•\•;r-·.;. . 2- Accordingly, the WJrren County. No1·t11 C,11·;;!;,;., -;1:c ,., :.:.-: .;.-med and c;;er:1tcj .by the State of 1-lorth Carolina for tlH~ 0iSi;t.:•:.i: ,_,f --~ co .. ~.::.,·1hJt:::d !1 ic_,r.•.-;Jy shoulder soil is hereby approved s,1lJ _j cct :, ·.:,•'. •.:ri:: -:';-~d ,:,~nriit:uns .:1::; a chemical \·1aste landfill as authorized i1! .. ;;) t~f~'.-'., ?,1r:: 761. lt is uriderstocd by EPA and the State of i'lorth CMol ina t hJt U;i:::, J;1pr::;· • .::.: i'.> ba ::2-: ::n ::he conceptual design only and thJt the fin.::il cnw:;;::·1JCti,r. ol.:.:1s ;rnd :.;.,ecjfica- tions (if any) must be approved in writ~:10 b_:,-cfii~ uffic2 ;;rior ta the initiation of construction. This approval is net to be construed to be apprcv1l f:r incineration, storage, marking or records and monitoring. ;-;~ ~,i 11 continue ~o work with you in any way we can to expedite :1 puhl ic health oriented and environmentally sound solution to the PC !3 problefil in 1·l orth C~rol ina. Sincerely yours, -~~L{!_-~ ahn C. White (1 Regional Administrltor E:11:1 osures cc: Herbert L. Hyde, Secretary NC Dept. of Crime Control & Public Safety Kl rsL.1 ll Sta ton, Chief Sanitary Engineering Secbor, Division of Health Services NC Dept. of Human Resou~ces Jerry Perkins. Head Solid Waste & Vector Control N.C. Dept. of Human Resources & Division of Health Services -·-----=----~---.. . ~ ~-·-·-. _, / _ . ./ A. Approval Conditions fo,· tile PCo Ui'.iiJOSct1 Site 0.-,:,ed And Operated by the St,1tc of florth Ci,·o1inJ in Warrer. County, ~lnrth C.::r~linu on th~ Proo~rty G2scrib2d. in C-overnor Hunt's C2c::1r:j:?r 12, 1J?2, i\ppl i.::1.:ivn a:.; C.·ff.·:j by Carter C. ?:J;::ie Jnd Li;:~J '.·!. f11J;-;C raund ir. De~.J ec~k 278, Pase 252. General Requirements (al 1 Administrator, Attention: r~;::orts sho:~H ::i: sent to the RE:giona1 Ja;;:cs H. SC:lrbrouc;h): 1. Notify EPi\ at least tv,o we~ks in ,_id•::.11c-~ of th(; expected star't of -construction. 2. Notify EPA at least ~,-.a ·,;eeks in cdv,rnce of the initiation of disposal of PCB waste at the site. 3. Send EPA the data h"hich ~s r21uircd t:y 43 FR 761Al(b)(5), monitoring systems for baseline ar.ct Oi, tne fr~quencics sp~cified. 4. 1-iaintain records as .soeci fiP.d in 43 Fi~ 761 .45(b)(3) as 'appropriate and submit t·iithin 90 i;ins after cl r.2:;Ji"2 of the site to the P.egional AdministrJtor. · 5. Advise EPA irrr.iedi~tely of oily c112rHJes, cJ.lterJtians or divergences in the operational and manage:--iJi ;,olicics and procedures as out- lined in the documents submit.:~d ~,i c;u;1port of 1:he application. 6. Report to EPA_any instance of de:ection of PCBs throughthe~onitor- ing program i111nediately. B. Technical Conditions of Approval: l. The one foot of cover to be placed only on the middle 20 feet to 30 feet of the first lift of waste to preclude shunting any infil- tration to the side walls. 2. A soils engineering finn shall be employed to provide quality control during the construction of the'clay-silt liner. 3. Engineering expertise shall be pnlvided by the State or a consulting firm on-site during all operation,; to prnvide and assure conformance with the final plans. Such assur,rnce sh.ill be furnished to the Regional Administrator .:it the co:11µlctio11 of the project vlith a copy of "as built" plans. 4. A record shall be plJccd or. t:1c r,·;-)nrTty i:Jced .~hich stipulates the particular boundary o f t!12 di s;,,,-~-JI ,w~.1 Jnd •.-,2ste co+itaincd therein with the associated 1-1asr.e r.lc ·✓acions. 5. The State shall maintain an ''.:ill ·.-11:,1 1_:1 r•r" -1ccess r ,,,:irJ i nd r:fi ,1it::ly to pen::it access to the s it.e and r.o :",,cil1t,He cc.:llccti on of :;2.r.;ples from r.;onitoring weli~. -2- 6. Waste will be com~acted as ~uch ?S nrJcticJble with tracked equipment to ;:irevent settler.ent aft~r closun~. 7. AppropriJ te eros~on c::mtrol :-::c:1s:..:rC $ shJll be applied during excava-tion, filling and after clos ure to minimize erosion. 6. Trucks us2d for hauling the waste ~u~t be covered. 9. The fin-11 J1,LiS Jr.d ~-;::ei:i fi.:2.tL;:1s (! f .:iny) shall be sub;nitted to the Region2.l Ad;;iinistr.:1tor /f\ttcntion: J,imes H. Scarbrough) and written approval received prior to the initiation of co nstruction. 10. A leachJte collection syst~:.1 \·1ith .1 :;ump .-ind access 1-1hich will allow pumping out of ~n ~ collected leachate is required above and below the clay liner. : I .,, I : I I I• I STATE OF NORTH .CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27611 JAMES 8 . HUNT, JR . . GOVERNOR Dear Mr. White: December 12, 1978 .. As you know, the State of North Carolina had some 200 plus miles of highway shoulder contaminated with polychlorinated biphenyls (PCBs) by illegal dump- ing this summer. The State of North Carolina intends to remove this contami- nated soil and dispose of it in an approved chemical waste landfill as re- quired by the Environmental Protection Agency regulations promulgated in the Federal Register on February 17, 1978 as amended on August 2, 1978. Enclosed is our application for a site in Warren County, North Carolina, which is presently privately owned. The State will initiate final procure- ment action for this property upon receipt of a tentative approval from you. We would appreciate your prompt attention to this application. We under- stand from your staff that you will issue a tentative approval or disapproval of the conceptual design after opportunity for public hearing. We think it beneficial to hold a joint EPA/State hearing within 10 days after you have completed your review of this submittal. When your tentative decision is reached, if it is approved, we will initiate the final engineering design in accordance with the approved concepts. When the final design is com- pleted, it will be submitted to you for final approval prior to initiation of any disposal. · My warmest personal regards. Mr. John C. White Regional Administrator Environmental Protection Agency 345 Courtland Street, Northeast Atlanta, Georgia 30308 Enclosure cc: David E. Kelly . \ APPLICATION TO U.S. EPA REGION IV for PCB DISPOSAL SITE WARREN COUNTY, NORTH CAROLINA by the STATE OF NORTH CAROLINA TABLE OF CONTENTS Pages. SITE LOCATION -------------------------------------------1 LANDFILL DESCRIPTION-------------------------------------1-2 ENGINEERING REPORT-------------------------------------2-6 SAMPLING AND MONITORING----------~---------------------6 WASTE VOLUMES EXPECTED----------------------------------6 GENERAL DESCRIPTION OF WASTE MATERIALS-------------~-----. 7 OPERATIONAL PLAN----------------------------------------7-9 LOCAL AND STATE PERMITS----------------------------------9 SCHEDULE OF CONSTRUCTION---------------------------------9 WAIVERS REQUIRED-----------------------------------------4-6 ATTACHMENTS: 1, 2, and 3 I. Site Location The PCB landfill in Warren County, North Carolina,is located on the property of Carter C. Pope ·and wife, Linda W. Pope. The State of North Carolina will buy approximately 142 acres from Mr. and Hrs. Pope on which the trench will be constructed. The exact site location is shown on County }lap, the USGS quadrangle sheet and a property boundary drawing to scale on Pages 10 -12. II. Detailed Description of Landfill The State of North Carolina proposes to construct the PCB landfill as shown on the conceptual sketches shown on Pages 14 -19. the landfill will be constructed as follows: In general, Excavate to within seven feet of the high groundwater elevation. Select borrow .and stockpile which will allow reconstitution and compaction of a five-foot liner which will have a permeability -7 of l xlO crnrs. Construct five-foot liner in the bottom of the trench and up the sides five feet in elevation. Install 4-inch PVC perforated leachate collection system leading to a sump which will allow liquid withdrawal for the relief of any head buildup. Plnce one foot of selected sand or other high permeability material around the pipe over the entire bottom of the trench. The trench will be sloped to drain to the sump. The side slopes will be 2:1. The waste will be pla ce d on top of the one foot of s and in lifts as describe d in the op era tions plan. \~1 e n all the ~aste i s i n place, the landfill vill be covered ~ith one foot of soil (excavatcJ from trench). A 10 mil artif icial liner will be placed on top of the one foot of soil. A 1.5 foot layer of excavated soil will be placed on top of the liner and six inches of topsoil will be placed on top of this. The top surface will be sloped at about two percent to facilitate runoff of rainfall. The top will be seeded with a perennial grass. All surface drainage during construction and after completion will be diverted from the landfill surface. III. Engineering Report 1. Description of the general geology of the area. The proposed site is located in the northeastern North Carolina Piedmont Plateau, approximately four miles south of Warrenton, North Carolina. The site is more than 20 miles northeast of the maximum extension of the Jonesboro Fault. Site geology consists of foliated and gneissic rocks striking in a northeast direction. Predominant rock types include biotite- feldspar gneiss, quartzitic gneiss, garnetiferous biotite gneiss, and interbedded mica schist and gneiss. All are metamorphic rocks which show banding, foliation, or gnessic texture. The mica gneiss on-site is deeply weathered,forming thick layers of brown- red clay residum soils. Residum soils are classified as: clayey, kaolinitic, thermic; typic hapludults. The aquifer below this site is associated with consolidated bedrock, flows toward topographic lows, and groundwater encountered in the site borings indicates the upper aquifer elevations. Local existing wells on ridges and elevations similar to this site have a depth of 40-47 feet to water table. (See schematic on Page 13.) -2- · .. · .· Therefore, this site does not meet the first technical requirement of being "located in thick, relatively impermeable formations such as large-area clay pans." Since the above is not possible, the site meets or exceeds the remaining criteria of paragraph 761.41 (b)(l) as follows or a waiver is requested with justification: Required (i) In-place soil thickness four feet, or compacted soil liner thickness three feet. (ii) permeability lxl0-7 cm/s Actual Five feet compacted soil. lxl0-7 cm/s permeability Discussion: The soil characteristics as shown by the sieve analysis and the atterburg limits and the percent moisture vs. compaction curves indic"te that the native clay MH-CH will compact to 93 lbs/ft.3 which -7 should yield lxlO permeability. To date this has not been vertified by 12.boratory tJermeability. This verification is in progress, and if the permeability is less than lxl0-7 additional depth of compacted soil will be added so the equivalent of five feet of lxl0-7 will be used. Required (iii) Percent passing No. 200 sieve > 30 (iv) Liquid limit> 30 (v) Plasticity index> 15 (vi) Artificial liner Actual Average passing No. 200 = 65% (See soils data attachment) Average LL= 50 (See soils data attachment) Average PI= 18 (See soils data attachment) None Dl. SC 5 S • • A • • t l f h • • ve' f u ion. waiver is rcques ea or tis requirement. The State o North Carolina does not feel that the lack of an artificial liner wi ll present an unreasonable risk of injury to henlLh or the environ:-:ient from PCB' s for ':!'.e following reasons: -3- 2. This landfill is not a commercial facility which will be in operation for a long period of time. It is a one-shot (90 days open) operation for a special problem. (Soil with low concenttation of PCB generally expected to be less than 500 ppm based on test dig, see attachment.) The 5-foot compacted clay liner exceeds the requirement found in 761.41 (b) (1) (i) ~ EPA-Part V-PCB Disposal and Marking. There will be a 10 mil plastic liner placed on top of the landfill. This "umbrella" top will be covered by two feet of soil which will support the growth of grasses. The grass, the 2 percent slope, drainage ditches, and the top liner will effectively prevent any ~ rainwater infiltration into the landfill. Hydrology The landfill is located on a hill slope well above the floodplain, as can be seen by the location on the USGS quad sheet. There is no hydraulic connection between the waste and any ground or surface water. The bottom of the waste will be a minimum of 101/feet above the seasonal high groundwater table. YA waiver is requested for the 50 feet separation between the site and the groundwater. The State of North Carolina does not feel that this will present an unreasonable risk to health or the environment from PCB for the same reasons stated for the liner waiver. In addition, we do not believe that this requirem2nt can be met in North Carolina in a reasonable manner by maintaining proper compliance with the other re- quircments, keeping iu mind that taxpayer dollars must be spent to achieve this task. This is bnsed on the fact that the ground~at e r is within ~O feet or less of the surface in essentially all the Pie dmont area of North Caroli~a. -4- 3. Flood Protection The site is above the 100-year floodwater elevation (See Attachment 2). The runoff diversion structures will be designed to handle the "25-year 24-hour storm runoff. 4. Topography The topography of the area is low to moderate as evidenced by the USGS. quad sheet. 5. (i) Monitoring Systems (a) Baseline samples of ground and surface water will be collected and analyzed prior to the initiation of con- struction and the data will be forwarded to EPA prior to the issuance of the final approval. Sampling loca- tions are shown on Page 12. (b) The monitoring wells and the surface streams will be monitored monthly while the site is open. (c) The monitoring wells and the surface steams will be monitored biannually after closure of the site. (ii) (a) The wells are located on Page 12. (b) The wells will be constructed as stipulated by Paragraph 761.41 (b)(S)(ii)(b), EPA-Part V-PCB Disposal and Marking. (iii) All samples will be analyzed for: (a) PCB (b) pH (c) Conductance (d) Request a ,.,aiver for the anc:ilysis for chlorinated or;;anics since PCB is the only chlorinated organic to be disposed in the landfill. 6. Le;:iclwte Collection -5- A leachate collection system will be installed on to~of the 5-foot compacted clay liner. The system will consist of one foot of sand with a 4-inch PVC perforated pipe in the bottom four inches of the sand. The entire bottom of the trench will be sloped toward a sump. The sump can be pumped out to the surface through an 8-inch pipe. The individual collection pipes will be connected to a header which will drain into the sump. l; The State of North Carolina is requesting a waiver for the leachate collection system being under the liner. We are of the opinion that a more practical, sound engineering design is to construct a collection system on top of the liner which will allow any head buildup to be re- moved quickly. This leachate collection system design and the "umbrella" top to prevent infiltration seems to negate the need of any leachate collection monitoring system being placed under the five feet compacted clay liner. IV. Sampling and Monitoring The groundi-rnter, surface water and sediment samples will be collected and analyzed by the North Carolina Department of Human Resources, Division of Health Services, Laboratory Section. The samples will be analyzed in the Division's Laboratory Section in Raleigh, North Carolina. V. Expected Waste Volume This sjte is expected to receive approximately 31,000 cubic yards of soil contaminated by PCB from the state highway shoulders. In addition, there will be nj)proxiT!l.'..ltely 8,000 cubic yarc.!s of contarainated soil from Fort Bragg, Norlh C,-iro lina , road shoulder. (If a second site in the southern part of the spill area ls usec.l, t_he voluu:e will be reduced to approximately one-half at this site .) -6- VI. Waste Material Other Than PCB The only waste to be disposed of in this site is contaminated soil. The PCB contamination is 210 to 380 ppm (See sample dig results, Attachment 1). VII. Operational Plan (1) Record Keeping All plans, quantity of waste received, and other information will be placed in a permanent file. The EPA approval letter, including a legal description of the disposal site, shall ~e filed in the Register of Deeds' office in the Warren County Courthouse, Warrent6n, North Carolina. Results of all monitoring will be placed in the permanent file as well as other necessary information. (2) Excavation The excavation shall be carried out as shown on the enclosed drawing. The backfill ~r placing of the PCB waste will be as follows: Two 10-foot lifts will be used. The trucks will back into the open end of the pit and place the waste as near to working face as possible without the truck wheels getting on the waste. A track piece of equipment will be used to push and compact the waste into place. Clean earth will be placed on the floor of the pit as needed to keep the trucks out of the waste. The leachate collection system will be constructed as placement of first lift progresses. The open end of the pit will be closed to the level of the first lift. A 1-foot layer of clean earth will be plaL'.ed over the first lift so the trucks can be on a clean surface and the second lift will be completed as the first. After the second lift has been co~pleted, including placing the -7- residue from the runoff collection system, the open end of the pit will be completely closed. One foot of clean soil will be placed on top of the waste. A ten mil plastic cover on a 2 percent grade will be placed over this one foot of soil. Two feet of com- pacted earth will be placed over the plastic cover on a 2 percent grade. Erosion control procedures will be utilized as required by the Division of Land Resources, Department of Natural Resources and Connnunity Development. (3) Vehicle and Equipment Movement and Use of Roadways Access will be controlled at all times. Vehicle and equipment movement will be strictly controlled. Dust control methods will be applied as needed. (4) Surface runoff from the pit area will be collected in a holding pond as shown on Page 16. The water collected in the holding pond will be analyzed for PCB, and if negative, the water will be released to surface drainage. If the analysis for PCB's is positive, then the water will be processed through a carbon filter prior to release. The carbon filter, if used, and the silt from the pit will be placed in the disposal area prior to final closing. (5) Leachate Collection System Leachate collection system will consist of placing 4-inch PVC perforated pipes on top of the clay liner graded to a sump with a stack to at least two feet above the completed surface with a cover and lock. One foot of porous material will be placed over the clay liner to enclose the per- forated pipes. (6) Sampling and Monitoring Three monitoring wells will be placed on a line through the site. One of the wells will be located above the disposal pit and two ~elow, with -8- one of the wells located at the area with the lowest groundwater. Sampling and monitoring of the leachate collection system, the wells, and the receiving stream will be carried out as recommended by.the Environmental Protection Agency. Background samples will be collected and analyzed prior to the placing of any waste. (7) Types of Waste Earth contaminated with PCB. (Test clean-up analysis is enclosed on Attachment 1.) (8) Supportive Facilities A six-foot ~ire fence wil: be placed around the disposal area to prevent unauthorized persons and animals from entering. (9) The site shall be operated and maintained in a manner to prevent safety problems and hazardous conditions. The State will have its inspectors on-"'Scene during all operations. VIII. Local, State, and Federal Permits The disposal site will be in accordance with local zoning codes. A State permit will be issued by the North Carolina Dep_artrnent of Human Resources. IX. Tentative Schedule Submittal to EPA----------------------------------------December 12, 1978 Public Hearing-------------------------------------------January 4, 1979 EPA Tentative Approval Expected--------------------------January 25, 1979 Detailed Plans and Specifications Completed------------February 20, 1979 Final Approval Expected from EPA---------------------------March 7, 1979 Construction Started: (Upon completion of a North Carolin3 State ~egative Declarati.on and as weather permits.) Site Closed: Approximately 90 days after site preparation completed (as \veathcr pennits.) -9- I ~ 0 I LEGEND 0 PROPOSED LANDFILLS 0 EXISTING LANDFILLS D, OPEN DUMPS ..... !,,u~u~-~~.:.:._\_ ~/ _ ~ \ :: ~-~41 ··:/~-i-K._, fQf 1-«.1 .... , • . ', y 11 R G I ~ . I A ( .......... \ ~, ~ ...... 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WARP.Erl COUNft, II C OCTOhF.11 :1G. 1~•76 SCALE 1• • 3Lt.' ~~A\I lfrf f(tf r. , • .,, l'"•i u·, ':IUO r~-··-· ... ··.-··.'"!:~':'-~ .. .:..: •. _:~~i I I i . ! .. ' I ----·--- i ---. ! --- ------ -·-- -! I . ' .. , . i ·•· ~---~-;:::: ... !·.: ... : .. _J-. . c--:~:. -. . -. . .. -. ·--.. I I o o I .-------------------·-------------. ---·. ·- -13- ----·------. . £-=-'=-:_= . . \3 -: ... ·-· .. -· _. _. __ , : __ - .. : . . lt-•-- T l~ T "J 1 I t-----I -14- -I 0 0 .T ··-. . 1-+ -------:---,· I t --------~ t + ___ .:_ ______ ~ I l_r-------..l~ J-----t I ~ T T ' . T r--+--~-7 . : ~ 1 :0' I I I I 1 1 I I I I I I L _______ J ·l · l "T TT 1 --1 r-- -15- 1 T T T I J l ___ __, ___ ,.,.__ . --, I I .._______ I ----➔ I I I ------------r .,·---------:i, -------l't.:.!-•: ------ I -16- ~S'S ~EC.~\~'-.) Lo:::.~,, t) \.-_) A l fl -17- --1 I I I ' ttJ I l I ~ w (fl 1 3 i 2 I 0 I .,,. M ' I v? \ l 111 I ~ --1 l \ \ l \ \ \ \ . T \ \ 1 . I l • . . . J • . . . . • . . . . . ; . . . . • • . . . . . . . . . . . • . . . . . : . . . . , . . . . . . ' . • . . 'r\ ... ' -I \~ -Q -~ T : ' . . -is-= ~ ~ ~ T ~ ~ l .. ~ . J I I I i I I I . :,, .. . .. ~ .. . . .. . -· . . . . • . . . . . . --I l · t t . . . . . . . . . . . . • : • . . . . . . . . ! • . . . l : \ • . . . . • : / E I . : /. :/ . . . . • . . . . • . . , ,I : ~ i • ~ • . • i i . l . • . • . • t I 1-Q-!--'-l< -~ • L 10--J ---1 .. ' • October 19> 1978 Hc:1-10 IO: Nr. Robert A. Cart';f FROH: . Ray E. Kelling, L~boratory Section . .. . .• ... SUBJECT: PCB Results~ Warren County Test Cle~nup Given. below are the PCB results for the Warren County Test Clearmp taken on October 5, 1978. All results are qua!ltitated on tha PCS- ·Aroclor 1260. A B C E & D (1) 170 ~/kg 0.13 r:!.g/kg <100 1Jg/kg tfa~h dow":l <0.77 µz/1 Special 1 II 2 " 3 Background l ., 2. (2) 3.8 mg/kg 33 mg/kg 0.33 mg/kg 4lµg/l 130 µg/kg 77 rag/kg 330 mg/kg (1) {2) (3) (!1) (5) <100 pg/kg <i$1il l-18/kg (3) 210 mg/kg <190 pg/kg 150 1.tg/l Storctge P lle 290 mg/kg 270 reg/kg 330 ng/kg 210 lil"/ko (.) "' 270 mg/kg (Li) 41 n,g/kg . <100 11g/kg 75 pg/1 (5) 10 ng/k~ 0.25 rng/kr, ~100 µg/kg 127 µg/1 I 1- United States Departn1ent of the Interior GEOLOGIC.\L sun·r.y P.O. Box 2857 Raleigh, NC 27602 Attachment 2 November 29, 1978 Mr. Jerry C. Perkins, Head Solid Waste and Vector Control Branch Division of Health Services N. C. Department of Human Resources P. 0. Box 27687 Raleigh, North Carolina 27611 Dear Mr. Perkins: The proposed PCB disposal site located in Warren County at latitude 36°20'13", longitude 78°09'58", is above the 100-year flood level. The site is located on a hilltop between Richneck Creek and one of its tributaries. I estimate, based on flood records collected at North Carolina streams, that the 100-year flood height is not more than 8 fee- above average wa ter level in these creeks. The proposed site is approxi mately 80 feet above these creeks and not subject to flooding. NHJ:ceh Sincerely yours, 4 2--N. H. Jackson, Jr. 1 ' Hydrologist \ 1:-:r. MATEFll/\t_!; ~ TESTS Ur-:IT SOILS U\D0nl>.TORY ,. . . roJ. -... ----------------------------- REPORT 0~ SAMPLES OF _So.5-.J._.f.or __ Qi,1_2,l.:U;y __ ~_.r:L ______ _..;:_;.. ___________ _ Project ___________ 4,_540.UO.l _______________ County ------~--____ JJ.s1.:i:r..cn. .--~-------------Owner----:--------------•· Date: Sampled __ J_:-~~:-!~-----------~--.: __________ . __ Ri:cdvc<l :.._ .. ~--=~~-:::?.~~--------------ltcp:irt<::i ---~::~2:,73 ___ · _ . Sampled fr~m ___ PCB _Pit _#4 ______________ · _____________ n:r _ J. · S. _ U:citt. _________________________ · __ Submitted by ____ lf !_P. !-~:!-Eg.tl~--------------:---~------------------··• _____ _-__________ J.!)_ !.~--St.:mcfnrcl S;,cdficn' 396732-396751 TEST TTESULTS /)1 .-;J :.-_;. ------------,-----,-------r------r-----:------,------,..-----~-----~-- l'roj. Sample No. lA cc: 396732 r• -,r 45·0 100 t• 99 ,c %1 74 '7o 4 'i'.1 24 'lo 22 ✓Hr. H. C. Adarns Hr. w. n. Din.~ha.rr, ~oils Li.le 1D le ------------------·-....... ·•··----.. ·----·--··. ---····• -.... ··-------· ~ .,cf . .,,roj. -__ ---------------------------··--- MATERIALS lk TESTS UNIT SOIL~ LAElOR,\TORY rroject _________ A • ..5:401101. _____ ----------County -------~------------------------------Owner ------------------- D!\tr.; ~nmplcd _______ ---------------.--------------Received -·----------··---------------l~pornd __ .:_ ______________ _ . , . • JI. . . . . St1mpled from ___ Pen J?il .. u.1. ... ----------.---------------By -------. ------------------------------------------- Suhmitted by _____________________ _:_ ___________________________________ -------------------10 .. -----S tnnrJ::i rd Sj>ee:ificali 396732....396751 TEST HESULTS _.;). _:;) -?, J'roj. Sample-No. 4B SA SB 5C 6A 6n ·-6C 7A • \ L~b. Sample No. 396740 396741 396712 395743 39G74-1-396745 3967-tG 3967,17 i~e~ninecl ::-1 Si-?ve ,, 1(; -12 -l 7 2 l'::is;;ir.r. !:10 Sieve '10 99 84 I 99 . 96 90 9'/ 100 100 l'n;1Jini:-~-iCI Si:!ve % 97 . 80 I 95 I I 92 {93 8G 97 99 . -:o I l'ns!!i;-;;;" !.'200 Si~,. e 64 I 62 -1 fj9 48 G5 I 64 5o cJ1 . -I 41 L. 1.. -----+_.:..;..;c........---1-...;:.6_2 __ +j 45 23 64 •13 31 j_G_'7 __ P. I. ----.--=-----,-:2::..,7__;;__-___ ,_-=14-'----1-·:1'------+-2_9 __ +-5"'---f-6::;___ l 31 9 -x-:-r..-s}io-r::r, JI :/c"\ ( ) r, ';) ( ' ( )-I A-S(G) Clns~ik:i!.ion .'\-7--5.L_l_:i. .-\-7-~§.i_).~'--. ""'3_._--i_A __ -_7;._-_5 __ ill, . ..:.l::...-....::5J.;=.5_,,. J--,:--:\_.:_>f ~--' '/ 51 '>( Texturc:.-------.-+----+-----+--•----+-----1-----l1 11 _____ ,~_· -_r_.:i_. r.-~ V•• Stotion I -=----+---+----!-------+--~-----1----. :::::~.)~-----~~~n __ ~:~---t~~5 __ P;~,~5~~~~~~--~0G~~=~--~~c~--+-=~-2--F ________ • __ i:Q_ __ l-->1 ..... 1..__ ___ ...... h._5.!. __ . _I _ __25 1 33 1 __ 7 _____ -, _l.?._1 __ i~----·. --1---- l -89 6 OS I .. ')' t: 31 5 ...... 5 78 I S C(' ' -,.,, - ______ _.Jc,....:.;..1 _ _J.....:.:,;:_•;c...=..:;___.....,;:...:•c....::....:=--~---=:::,:..:•..:.''..:.j..:.· _...t.....:..".::..•..::....::; __ ..L-=-:..·::...'·:....\ ! -• -••..l:1 I :::,. t,.. __ ..,__ ___ ___._ ____ ~--- -.. . ··-----·••·--•. -----··---~. i:-1::-_:~:c-:- ( ~ l Hii. rr~i ---------------------------------- MATERIALS l)( TESTS UNIT SOILS LADOFIJ\TORY Prcj~ct _________ 4 • .540110.l _____ .;. _________ County _______ -___ ..; ___________________________ Ovn1;•i-______________ _ Date: Silmpled __________ "'." _____________________ Rccei~·cd -=----------··---------------He:portcd _-_________ :_ ____ _ . PCI3 Pit #4 -. . Sampled from ----------------------------------------By ---------------· __________ _ SubmH~d by ____________ .:,_ ________________________ __: _____________ ,:_ ___________________ J.9_ -----~:H.a nd :\ rd Specif ic~.li1 J2£i-Snmple No. Lah. S:imple No. J:"?tainecl !:•1 Sieve l'es~in;{ :;10 Sieve ·1 •. L. P. I. -A~'i:sfr6- cinssiiicntion 396732-396751 'TEST RESULTS -----d:) --~ 7B 396748 38 8 A-4(6) I 7C 396749 39 8 . A-4(4) 8A 396750 8B 396751 :~ ~;s---1------I 1'-- A-7-5(11) A-S(JJ. __ I ---1 ----;-., ----l----------i-----;.------- 'fcxturc ______ ---:+------+-----1--~ ---+----~-----1--l I ____ _ ~S~tn~t~io~n-------~----r I l Hole No. 7 7 ·8 8 . I ·- ~---t---=---t---'--------t-----=------J--... -,----~---- -_ J~J..:.!e_:~t~h~:(i_·~t __ ·C!..>===· ==t:=:o====:~-~~=~=--, ---t--=~=O=,==~~:.-_-"':-,-.:~~=~_;_g~i---'-------·-· ·-------1------.I..._ __ ·_· -=· -------~l"h __ L-....i."-._'l.1..··7.,___L--.lr,~11-l-(\>l.;i"\>L___JL_•Ll?--~.5.-... '.:a..90aa._ _ __.:..l ___ __._ ____ ..!..-__ _J _____ _ Division of Highways PCB PIT B0RH;G LOO Of?'' -'';T . COUNTY DATE 4 5401101 Warren 9-18-78 ~l , RE'S. ENGINEER PIT NO. PCB# li: 611 Auger -I USED 237-0001 INVESTIGATED BY J.S. Britt EQUIP. I W /rock teeth ~ [5 DEPTifS tj e, REMARKS: i.e. groundwater data Hi:::l ~f?et P-. i::o DESCRIPTION OF MATERIAL moisture content; etc. §55 !~ a:lZ FR<l-1 TO ,1 0.0 11.0 1-A Red-Brown Mica. -F-Sandy clay Dry 11 11.0 '30.0 1-B Brown Mica. Clayey silt Moist@ 20.0' 11 '30.0 40.5 1-C Brmm Hica·. Silty sand I '1 L.O. 5 li.1.2 Soft ,-:eathered rock_ Practical auger refusal@ 41.2' Groundwater: 0 Hr.-Dry caved in @ 28.5' 24 hours-caved in @ 28 .5 ,: ... j ? o.o 8.0 2-A Red-brmm mica. fine sandy clay 'r" "-. 8.0 38.0 2-B Bro·.m higr.J.y mica. sandy clay silt Het@ 30' GroundHater: 0-Hr.-Drv caved in@ 35,0 24 Hr.-31t.-.Z~ 3 o.o 3.0 3-A Red-brmm mica. -F-sandy clay Dry 3 3.0 28.0 3-B Brmmmica. sandy clayey silt Moist @ 19.0 Groundwater: o Hr. -Drv caved :in@ 23.5' 24 Hrs.-22,9' h ).0 10.0 4,-A Red-brown mica. -F-sandy clay Drv 4 10.0 33.0 4-B Brmm mica-clayey sandy silt Wet@ 27.0' Grom1di.•;:1ter: • 0 Hr.-Drv -' L 24 Hr.-Dr:r I r---F-fine - - .. .. , 1Jl.VlSlOn of Highways ,. I ... • PCB PIT BORH:G I...CXz . D-Pf' ~-::er 4. 5401101 COUNTY Warren DATE 9-18-28 i l RF.s. ENGINEER PIT NO. PCB# 4 ~UIP. USED 2;3'.;:'....000J 6n Auger INVESTIGATED BY J.S. Britt I W!._rock teeth I ~5 DEPTHS ~ ffi REMARKS: i.e. groundwater data H ~ Feet p.. a:l DESCRIPTION OF MATERIAL §~ FRCT-1 TO ~~ moisture content; etc. 5 0.0 6.5 5-A Red-brmm mica. -F-sandy · clay Dry I W /ouartz lenses •· 'i 6_ 'i 2'i.O 5-B Brown mica. sandy silt .. Moist @ 25.0' ) 5 2'i.O ·:n.o 5-C Tan mica. silty -F-sand Wet@ 29,0' Groundwater: C-Hr. -Dr-.r caved in @ 30.0' 24 Hrs.-Dry caved in@ 30.01 , O.v 7.0 6-A Red-brown mica -F-sandy clay W/ Dry 0 quartz lenses. r t, 7.0 12.0 6-B Brmm mica_. sandy silt Drv 6 12.0 33.0 6-C I Tan rnica. silty -F-sa.--id Wet@ 26.0' Groundwater: 0 Hr. Drv caved in @ 29.CJ t I 2h Hr. -drv caved in @ 29.<h II 7 0.0 10.0 7-A P..ed-brown mica. -F-sandy clay Dry 7 10.0 20.0 7-B Brm-m-ta.11 -F-sandy clay Hoist@ 20.0' II 7 20.0 33.0 7-C Brmm -F-sandy silt Wet @ 25.0' II Groundwater: 0 Hr.-d.ry caved in@ 26.7' ,, 24 Hrs. n,..,, r..<:1ved in @ 26.?lf I I I " o.o 9.0 8-A P.cd-brmm mica. fine sandy cla:r Dry 0 " 9.0 38.0 B-B Bro:-m mica. S3.."'1dy Silt 0 ?·1oist @ 26.or • He +@ 10.0' --. Ground'.rnter: - 0 Hr. -dry caved in@ 33.2' 2l.:. Hrs. dry caved ir1 @ 33' -F-= fine ,., . - .. 3 '1" 4 0 b c.o ~ ·4 SR 0:: tJ) SCALE ,, , 1 = 100 1604 SOIL 6 7 at 8 PATH 5 2 1 0.5 Ml LE PCB PIT -SlTE N PROJFCT NO . 4 .5401101 COUNTY WARREN PROJ. GEOLOGIST J.S. BRITT DATE 9-18-78