SENT BY-'Xerox Telecopier 7021 112- 4-90 5 13!46 ; 6122969707-»312 427 3283 ;* 2 51

UNITED STATES DISTRICT COURT DISTRICT OF FOURTH DIVISION

UNITED STATES OF AMERICA, Plaintiff, i and STATE OF MINNESOTA, by Its Attorney General Hubert H. Humphrey, III, its Department of Health, and Itt Pollution Control Agency, PlaintIff-Intervenor, Civil No. 4-80-469 v. REILLY TAR & CHEMICAL CORPORATION} HOUSING AND REDEVELOPMENT AUTHORITY OF ST. LOUIS PARK; OAK PARK VILLAGE ASSOCIATES; RUSTIC OAKS CONDOMINIUM, INC.; and PHILIP'S INVESTMENT CO., Defendants, and CITY OF ST. LOUIS PARK, Plainelff-Intervenor, v» REILLY TAR & CHEMICAL CORPORATION, PLAINTIFF UNITED STATES OF AMERICA'S Defendant, REPORT TO THE MAGISTRATE IN ANTICIPATION OF THE and FIRST PRETRIAL CONFERENCE CITY OF HOPKINS, PlaintIff-Intervenor,

v. EPA Region 5 Records Ctr. REILLY TAR CHEMICAL CORPORATION, 234524 Defendant. Pursuant to the court1• ordtt of March 1, 1983, plaintiff United Stattt of America submits the following report In anticipation of the pretrial conference scheduled for March 29, 1983i 1. Name, address and occupation of the clientt Nanai United Statta of America on behalf of the Administrator of the U.S. Environmental Protection Agency Addresti U.S. Department of Justice Land & natural Resources Division Environmental Enforcement Section 10th Street & Avenue, N«W. , D.C. 20530 U.S. Environmental Protection Agency 401 M Street, S,W. Washington, D.C. 20590 Occupation: Not applicable .-~\ . • • 2. Hames of Inturtnce carriers involvedt Not applicable 3. Names and Addresses of Witnesses; f The United States may call the following fact witnesaest A. Reilly Tar Employees and Former Employees • Herbert t. Pinch 8213 Circle N. 8t, Louis Park, Minn. Richard J. Hennessy 5816 Crittendan Avenue Indianapolia, Ind. 46220 Harold R. Homer 4712 Round Lake Road Indianapolis, Ind. 46205 O - :•'' •'•••- ^ ' ..

DEC 4 ''99 14:'4~3 6122969707 PflGE . 003 - 3 - i William Juitin Ctrl F. Lesher ReIlly Tar & Chemical Corp. 1510 Market Square Center 151 N. Street Indianapolis, 46204 Investigation continue! at to the knowledge of other former and current Reilley Tar employees about the aite. Other witnesses are expected to be designated. B. State Employees. Michael Hansel Mark Sinonett Minnesota Pollution Control Agency 1935 Country Road, B-2 Roseville, Minn. William Scruton Minnesota Dept. of Health 717 Delaware St. S.E. , Minn. 55440 The United States may call as witnesses individuals Identified as State of Minnesota employees knowledgable about the site in Attachment A to the State of Minnesota interrogatory anawers filed in June 1968, or otherwiae identified by the State. C. United States Employees, (1) U.S. Environmental Protection Agency Paul Bitter Richard Bartel Region V 230 South Dearborn Street , 111. 60604 The United States may call other EPA employeea necessary to testify to sampling, and analysis and investigations • • • at the site, to the expenditure of funds and other relevant issues, but these witnesses have not yet been identified.

612296970? PPlGE . 004 .-*•:,. •••> I (2) United Statea Geological Survey, I 8t> Paul. Offlea Mare Huit «/ i, Greg Juetin Michael Schoanbarg Ronald Wolf Janea Stark Denver. Office Wilfrid Fareiaa W.C. Whita , Menlo Park. Office Gary Etiriich E.M* Codaay Don Goerlitt (3) Department of Juatice 10th St. & Pennaylvania Ave. Waahington, D.C. . The United Statta will call aa yet unidentified individuals to teatify aa to Department of Juatice expenditures D. St. Louia Park employee!. Richard Koppy Harvey McPhee Yarn Tollefirud The United Statea may alao call certain other St* Louia Park employee!, including thoae identified aa witneaaea • '• ' by the City of St. Louia Park. E. Hopkinp Employee! Thonaa Cedar The United Statea nay alao call other Hopkihe employees, including thoae identified aa witneaaea by the City of Hopkina.

V Mr. Hult will alao provide expert testimony,

l4';T3 """""' 61 £2969707 PRC-.E . 005 F. Consultants and Contractors. The United States may call witnesses from the following contracting and consulting firms which have worked at the site on behalf of various parties, Some of these witnesses may provide expert as well as factual testimony. The names of individuals listed are those employees who are most likely to be called. Other employees may be called as well, or in their steed,

(1) Barr Engineering Co. 6600 France Avenue S. Minneapolis, MN Allan Gebhtrd (2) CH^M Hill Milwaukee Office 2929 N. Mayfair Road Milwaukee, 53222 Michael R. Harris Roberta Perry Montgomery Office . 807 South McDonough St. Montgomery, AL 36014 Harold Cole Stephen Gelman (3) Eugene A. Hlckok & Associates 545 Indian Mound Uaycata, MN 55391 . George Boyer , John Xrdmann Eugene A. Hlckok Larry Johnson Paul Joeepheon (4) Hytenlcs Laboratory . . . . University of Iowa Iowa City, Iowa (5) E.H. Renner & Sone, Inc, 6300 Industry Avenue N.W, Anoka, MN

DEC - 6 - i Edward Renner Thomas Renner Rodney Slgafoos (6) Braun Engineertng Testing, Inc. 6800 S. County Road 16 Minneapolis, MN (7) BRW. Inc. 2829 University Avenue S.E. Minneapolis, MN 55414 (8) Carnegie-Mellon University Mellon Institute 4400 Fifth Avenue Pittsburg, PA 15213 Dr. Robert A. Baker, P.Sc. (9) Capsule Laboratories 605 W. County Road £ Shoreview, MN 55112 t (10) National Blocentrics, Inc. 2233 Hanline Avenue N. St. Paul, MN 55113 (11) Orr-Schelen-Mayeron & Associates, Inc 2021 E. Hennepin Avenue Minneapolis, MN 55413 (12) PACE Uboratoriea 3121 Nlcollet Avenue S. Minneapolis, MN (13) 8ERCO Laboratories 1722 Terrace Drive St. Paul, MN (14) Gerald M. Sunde Consulting Engineer 8121 Fifth Avenue South Minneapolia, MN 55420 (15) CCA Corp. 213 Burlington, Rd. Bedford. Mass. 01730 Russei Wilder Kenneth McOregor

DEC 4 .90" 'J4; 45 ""~ " "" 6122369707 PPlGE . 007 - 7 - i (16) Midwest Research Institute 425 Volker Boulevard City, MO 54110 Evelyn E. Conrad Jill R. Guthrie Earl M. Hansen (17) ERT Corp. Pittsburgh, PA G. Other witnesses nay be identified as investigation continues, and research at the site continues. H, Expert Witnesses Currently, the United States intends to call the following expert witnesses at triali Eula Bingham Vice President & University Dean for Graduate Studies and Research University of Cincinnati Cincinnati, (Toxicologist) James Geraghty Geraghty ( Miller, Inc. Annapolis, (Geologiat/Hydrologist) Marc Hult United States Geolical Survey St. Ptul, Minnesota (Geoiogist/Hydrologiat) Brenda Kimble Amphion Associates Lafayette, California (Analytical Chenist) James K. Selkirk Oak Ridge National Laboratory Oak Ridge, Warren S. Thompson Director, Forest Products Utilization State University Mississippi State, Mississippi (Forest Industries Specialist)

DEC 4 •SB~~n':"45 — 6122969707 PhGE . 008 - 8 - i The following individual! ire under consideration as possible expert witnesses, but have not as yet been designated AS such: Janes Cppler Oak Ridge National Laboratory Oak Ridge, Tennessee (Mutigtnecity expert) Dennis Foerst U.S Environmental Protection Agency Environmental Monitoring and and Support Laboratory Cincinnati. Ohio 45268 (Analytical Chemist) Hans Olaf Pfannkuch 310 Pillsbury Drive S.E. 2D Pillsbury Hall University of Minnesota Minneapolis, Minnesota 55455 (Groundwater Geology & Pollutant Transport) The United States is in the process of identifying other expert witnesses, including individuals who will be able to testify about on-going research at the site, 4. Statement of Plaintiff's Version of the Facts This is a civil action brought by the United States of America on behalf of the Administrator of the United States Environmental Protection Agency to abate, respond to and remedy the ham caused, and prevent the future harm posed, by pollution of the eoil and water in and around the City of St. Louis Park, Minnesota. The activities of the defendant Re Illy Tar & Chemical Corporation, who operated a tar refinery and wood treating plant at the site in St. Louis Park from about 1917 to 1972, have resulted in the release, threatened release, disposal, leaching, and migration

DEC 4 '90 14: 4 6 6122969707 PftGE.009 of haserdous substances and other chemical wastes, including polynuclear aromatic hydrocarbons, into the soil and waters of the City of St. Louis Park with substantial adverse effects i j at present and potentially more adverse effects in the future. j ;'] In particular, Re Illy caused the contamination | of a deep well located on the site with large quantities i of coal tar and creosote, resulting in pollution of the ; groundwater in various aquifers, including the Prairie du •. i >| Chien aquifer, which has been commonly used for drinking

••t water in St. Louis Park and surrounding communities. Six , St. Louis Park drinking wells have adready been closed because ', of the threat to the City's drinking water supply. Also, J Rellly's inadequate waste disposal practices have resulted 1 In the contamination of the soil and waters In a swamp to | the south of the site, which provides another avenue for ". groundwater contamination. ,' The United States is seeking a Judgment that the handling, storage, treatment and disposal of hazardous and ' other chemical wastes by the defendant Reilly Tar are presenting : and may present an imminent and substantial endangernent to . health or the environment, within the meaning of Section ... and may be an imminent and substantial endangerment to the I public health or welfare or to the environment because of

DEC 4~ '90 14: 47 6122969707 PAGE.011 , - 11 - I B. Records of the State of Minnesota, the City of St. Louli Park, and the City of Hopkins. C. Accounting and similar records of the United States showing expenditures. 0. Reports of chemical and biological studies. E. Reports of geological, hydrologlcal and pollutant transport studies* F. Reports of soil borings, well Investigations, geological, hydrologlcal and other physical investigations on the site. Q. Reports of water treatment, soil treatment, coat and feasibility studies done at the site, H. Reports on treatment equipment and techniques. 1. Laboratory records. J. Figures, models, diagrams and other visual aids K. Miscellaneous. 7» Amendments to the Pleadingsi The United States does not currently anticipate any amendments to its complaint. However, it should be noted that the United States intends its Third Claim for Relief, calling for reimbursement of removal and remedial costs under Section 107(a) of CERCIA, 42 U.S.C. I9607(a), to encom- pass removal and remedial costs incurred by the United States both prior and subsequent to the date of filing.

'DEC 4 '90 14:48 6122969707 PAGE.Q1£ » 12-

8. Pi• eovery Procedures Necessary forTrial; a. List of Discovery completed to Date? The following Depositions have been completed: Herbert L. Finch John Van da North Robert Llndall Lawrence Anderson Carl Leaher William Juatln Richard J. Hennessy Harold R. Homer William Rodar Defendant Reilly haa produced documents and answered interrogatories by the State of Minnesota. b. List of Discovery to Be Completed. The following depositions have been noticed by various parties: Wayne Popham Gary Macomber Eldon Kaul Bo lander Company Thomas Renner William Wheeler The United States intends to depose the following fact witnesses; Fi J. Mootz Malcolm Mitchell Thomas Courtney Cmrleton B. Edwards T. E. Reilly P. C. Reilly L. Boyer The United States intends to depose other fact witnesses, as Its counsel learns that they may have information relevant

DEC 4 '90 l-4:"48~ 6122369707 PAGE.013 .13- to this proceeding, or that they may be witnesses called by other parties. With the court's permission, the United States intends to depose the expert witnesses which defendant Reilly intends to call at trial. These include: Francis X. McMichael John Craun William Gregg and any other experts whom Reilly identifies as witnesses it will call at trial. The United States may also use requests for admissions, interrogatories or other discovery devices, in an effort to narrow the issues for trial, c. Date when all discovery (and scientific investigation >, and analysis) is expected to be completed _ Discovery and scientific investigation with respect to all issues except remedy with respect to soil contamination can be completed by January 1, 1984. Discovery on soil treatment issues can be completed in April, 1964 9. Estimated Trial Time Two to two and a half months

Respectfully submitted,

DAVID HIRD Attorney, Environmental Enforcement Section Land & Natural Resources Division U.S. Department of Justice Room 1 260 10th Street & Pennsylvania Avenue N.W. Washington, D, C. 20530 (202) 633-2771

DEC 4 '90 14:49 612236.9707 PfiGE.014 - 14 -

» H6BERT E, TEININGER Asfltatant Regional Counsel U.S. Environmental Protection Agency Region V 230 South Dearborn Street Chicago, 111. 60604 (312) 886-6720

DEC 4 '93 14:49 61££969707 PrtGE.015 CERTIFICATE OF SERVICE I " -.<••'•* : : I, David Hird, certify that on the 23rd day of March, 1983, I caused to be served a copy of the foregoing Report to the Magistrate, by first class mail with postage prepaid, upon the following»

Edward J. Schwartsbauer lAurence R. Waldoch Dorsey & Whitney Ltndqulst & Vennum 2200 First Bank Place East 4200 IDS Center Minneapolis, Minnesota 55402 Minneapolis, Minnesota 55402

Stephen Shakman James T. Swenaon Office of Attorney General Mackall, Crounae & Moore Minnesota Pollution Control 1600 TCF Tower Agenoy Minneapolis, Minnesota 55402 1935 W. County Road B2 Roseville, Minnesota 55113

Wayne Q. Pophan Thomas W« Waxier Allen Hinderaker Peterson, Engberg & Peterson Pophant Haik, Schnobrich, 700 Title Insurance Building Kaufman & Doty, Ltd, Minneapolis, Minnesota 55401 4344 IDS Center Minneapolis, Minnesota 54402 Joseph C. Vesely Veseiy. Otto, Miller & Keefe Suite 400 Northwestern Bank Building Hopkins, Minnesota 55343

DAVIDTHIRD

• * i \, DEC 4 '90 14:50 61S2969707 PfiGE.016