CALLAND CLEMENTS ZOMNIR LINPSAVr. HOVC'ARP

May 14, 1999

VIA FEDERAL EXPRESS

Frank Klanchar (3HW22) United States Environmental Protection Agency Region III 841 Chestnut Building Philadelphia, PA 19107-4431

RE: Welsh Road/Bartaan Landfill Superfund Site Administrative Order for Remedial Action (Docket No. III-99-012-DC)

Dear Mr. Klanchar:

I. Introduction

On or about March 19, 1999, the United States Environmental Protection Agency ("EPA" or the "Agency") issued an Administrative Order for Remedial Action (Docket No. III-99-012-DC) (the "Order") to fourteen (14) respondents (collectively, the "Respondents"), including Ecolaire Incorporated ("Ecolaire"), directing those parties to, inter .alia, implement certain remedial activities at the Welsh Road Superfund Site located in Chester and Lancaster Counties, Pennsylvania (the "Site"). Pursuant to Section XXV of the Order, EPA directed each Respondent to provide notice to EPA's Remedial Project Manager stating whether the Respondents would comply with the terms of the Order. Although the Order required such notice to be provided no later than two (2) days after the effective date of the Order, through mutual agreement among the parties, this deadline was extended to May 17, 1999. The purpose of this letter is to communicate Ecolaire's current intentions with respect to the Order, and, subject to the reservations below, to set forth a description of the "sufficient cause" defenses that are known to Ecolaire at the time of this letter. See Sections 106 and 107 of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§9606;and 9607." """

Twu Gareviii\ Center ir-ih, P«nn*vK.mici 4i: «4o40C " Fax 41- ^4-6576' AROUI725 Frank Klanchar May 14, 1999 Page 2

II. General Objections And Reservation of Rights

As an initial matter, Ecolaire notes that no provision of CERCLA requires a Section 106 Order respondent to outline its "sufficient cause" defenses at the time that the Order is issued. Ecolaire is providing the following information at this time as acpurtesy to the Agency, and in hopes that the Agency will reconsider its previous decision to name Ecolaire_as a Respondent to the subject Order. However, by providing this notice at this time, Ecolaire.does not waive, and specifically reserves its right to raise additional or different objections and defenses to this Order at some later time, and to provide additional information and evidence in support of any position that it may take in the future. Without in any way limiting the generality of the foregoing reservation. Ecolaire specifically reserves and does not, by providing this notice, waive its rights to assert any arguments. defenses, objections, positions or claims that would demonstrate sufficient cause for noncompliance with all or portions of the Order pursuant to Sections 106 and/or 107 of CERCLA, 42 U.S.C. §§9606 and/or 9607, or that would support its belief that all or portions of the Order are arbitrary and capricious orotherwise not in accordance with law. Moreover, neither this letter, nor any information contained herein, shall constitute an admission by Ecolaire with respect to the Site for any purpose, including third party claims or future enforcement proceedings, and Ecolaire reserves all rights, claims and defenses.that it may have, has had or will have-in the future regarding the matters addressed under the Order or related to the Site, whether under CERCLA or any other law.. Finally, by not specifically objecting to each finding or determination in the Order. Ecolaire is not admitting or conceding such findings or determinations, which Ecolaire specifically reserves the right to challenge in any future proceeding.

III. History of Contacts with the Agency

Ecolaire was first made aware of the above-captioned Site by letter dated June 20, 1991 from EPA. In that letter. Ecolaire was advised of its potential status as a responsible party at this Site, and was further requested to provide information in its possession regarding matters related to the Site. After conducting its own internal investigation, Ecolaire responded to this information request. indicating, inter alia, that Ecolaire's Allen-Sherman-Hoff Division had a contractual relationship with Mr. Barkman (or related entities) from approximately 1975 to 1985 for the collection and appropriate disposal of general "yard trash" from its Honey Brook, Pennsylvania facility. See Ecolaire's July 26, 1991 letter to EPA, attached hereto as Exhibit A. Ecolaire's investigation uncovered no information indicating that hazardous substances (or .any other materials for that matter) were disposed of at the Welsh Road Site. Following Ecolaire's response, nothing further was heard from EPA, leading Ecolaire to believe that the Agency had appropriately determined that Ecolaire was not a potentially responsible party ("PRP") at the Site.

In September 1997, EPA issued notice letters pursuant to Section 122(e) of CERCLA to several parties, including Ecolaire. In its letter, EPA invited. Ecolaire, either alone or as a member of

AR001726. l;rank Klanchar May 14. 1999 " " Page 3 - . _^_ ... -.,,-- ... - .,-,,_- a larger group of PRPs. to submit a "good faith proposal" to fund or perform certain remedial steps at the Site, and to reimburse EPA for certain past and future costs that allegedly have been incurred in connection with the Site. Shortly after receiving this Section. 122'(e) notice letter, Ecolaire contacted counsel for EPA in an effort to obtain any information the government had that lead it to believe that Ecolaire may be a PRP at the Site. See, Letter to C. Nadolski from L. Howard dated January 9. 1998. attached hereto as Exhibit B. After several delays. Ecolaire was provided with a one-page, two-paragraph summary of the "evidence" against if that apparently had been prepared h\ EPA's counsel.

Because of the extremely vague and inconsistent nature of the information provided to it. Ecolaire subsequently responded to EPA's Section I22(e) notice letter by advising EPA that it was unable to submit a good faith proposal to EPA at that time. See Letter to F. Klanchar from L. Howard dated January 27. 1998. attached hereto as Exhibit C (without enclosure). In its letter. Ecolaire noted that, to the extent that more complete information was provided that would indicate some nexus to the Site in question, Ecolaire would be willing to engage in further discussions with the Agency and/or other PRPs about an appropriate site response.

The day after Ecolaire responded to EPA's Section I22(e) notice letter, EPA provided the parties with copies of the various witness "interview summaries" that it believed created some nexus between the Respondents and the Welsh Road Landfill. See letter from C. Nadolski to P. Shaw dated January 28. 1998, attached hereto as Exhibit D (without enclosures). After reviewing this information. Ecolaire wrote to EPA on March 25, 1998 explaining its position that these unsubstantiated "interview summaries" provided no credible link between Ecolafre and the Site. and. if anything, provided support for Ecolaire's previous understanding of the facts -- namely, that general plant trash was picked up by Mr. Barkman's company and delivered to the local county landfill, and not the Welsh Road Site. See letter to C.. Nadoiski from L. Howard dated March 25, 1998. attached hereto as Exhibit E. In addition, Ecolaire noted that the two summaries that indicated some alleged connection between Ecolaire and the Site were replete with inconsistencies and credibility concerns. As a result, Ecolaire requested that EPA remove it from its list of PRPs for the Welsh Road Site. _.._ ... .._".: ...,:._. ."!

In October 199S, EPA wrote to several parties, including Ecolaire, indicating its intention to renew negotiationsTo implement the selected remedy at the Site. By letter dated October 26_ 1998, Ecolaire reiterated its position that insufficient information existed to demonstrate a link between Ecolaire's Honey Brook facility and the Welsh Road Landfill. See Exhibit F (without enclosures). Having received no further information from EPA that would alter Ecolaire's position. Ecolaire reiterated its request that EPA remove it from its list of PRPs. Ecolaire once again indicated that, to the extent some credible information was provided that would indicate a nexus to the Site in" question, Ecolaire would be willing to engage in further discussions with EPA.and/or other PRPs about further steps at the Site. No response from EPA was forthcoming until the subject Order was unceremoniously issued by EPA on March 19, .1999.

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Ecolaire notes that just two days ago (nearly two months after issuance of the Administrative Order), EPA has provided the Respondents with copies of additional "interview summaries" prepared by EPA. See Letter to J, O'Dea from C. Nadolski dated May 11, 1999, attached hereto as Exhibit G (without enclosures). Such a belated disclosure of these "summaries" is patently unfair to all the Respondents, who have worked diligently to cooperate with the government in dealing with this Site. Notwithstanding the inequities of the situation, however, in reviewing these new "interview summaries," it becomes even more clear than before that EPA does not have sufficient information to establish a link between Ecolaire and the Welsh Road Site.

IV. Ecolaire Has Sufficient Cause to Not Comply With The Subject Order

EPA has been given substantial power under Section 106 of CERCLA. Upon a showing of an "imminent and substantial endangerment." EPA can order persons responsible under CERCLA to take steps to abate such endangerment. 42 U.S.C. §9606(a). Further. EPA can collect fines up to $27.500 per day and/or treble damages from responsible parties who, "without sufficient cause," fail or refuse to. comply with the order. See 42 U.S.C. .§§ 9606(b) and 9607(c). However, although EPA's powers under Section 106 are substantial, they are not limitless — a party who has "sufficient cause" not to comply with EPA's order will not be subject to these significant enforcement risks. As demonstrated below, Ecolaire believes that EPA has exceeded its authority under Section 106 in issuing the subject Order to Ecolaire, and accordingly, Ecolaire has sufficient cause to not comply with the Order.

A. The Order Is Unenforceable as to Ecolaire Because Ecolaire Is Not Liable under CERCLA.

In its Order, EPA alleges that "Ecolaire, as the successor to Allen-Sherman-Hoff Company, Inc.. arranged for the disposal of waste containing hazardous substances at the Welsh Road Site," and that as such, Ecolaire was liable pursuant to Section 107(a)(3) of CERCLA, 42 U.S.C. §9607(a)(3). See Order, SectionIII.B.4; :Section I_V_.Paragraph 6. However, as indicated in Section III. above and in the Exhibits attached to this letter, from the time that it began its investigation into this matter in 1991 until the present, Ecolaire has expressed its belief that insufficient information exists to demonstrate that it is a liable party'under CERCLA for conditions at the Site. Because EPA only has authority to issue Section 106 Orders to persons who are potentially liable under Section .1.07 pf CERCLA, the Order is unenforceable as to Ecolaire, and should be withdrawn. See, e.g., United States v. Hardage, 32 ERCJQ73,1078 (W.Okla. 1990) (to be entitled to relief under Section. 106_, the United States must prove liability under Section 107).

A ROD 1728 Frank Klanchar May 14. 1999 Page 5

I. No Credible Evidence Exists that Would Establish a Nexus Between Ecolaire and the Site.

As indicated in Ecolaire's 1991 Section 104(e) Response and subsequent correspondence. Ecolaire's Allen-Sherman-Hoff Division.opened its facility in Honey Broolt. Pennsylvania in 1975. The operations at this facility were in the nature of warehousing and assembly in connection with the supply of ash handling equipment and after-market products. In connection with these operations, it appears that for a number of years the Ecolaire facility had a contractual relationship with Mr. Barkman or related entities for the pick-up, transportation and appropriate disposal of general "yard" trash, including various cardboard, paper and other packing and strapping materials and wooden pallets. Ecolaire's investigation uncovered no information indicating that hazardous substances (or any other materials) were disposed of at the Welsh Road. Site. In fact, the majority of HPA's own witnesses support Ecolaire's understanding of the facts (r/r., that only general yard trash (e.g.. wooden skids, cardboard and plant trash) was picked up from the Ecolaire facility by Mr, Barkman's disposal company, and that these wastes were delivered to the Lanchester County Landfill).1 See, e.g.. Summaries of William Deihm, George Turner and David Anderson Interviews.

Notwithstanding the majority of available evidence, EPA appears to be reiving upon allegations from two individuals for its basis of naming Ecolaire to the subject Order. As . discussed below, however* one of these witnesses recently has recanted his testimony regarding. Ecolaire, while the other's statements are so incredible and inconsistent with well established facts thai they both lack any probative value at all.

First, in an "interview summary" attributed to Mr. Samuel Good dated July 17, 1990. certain allegations were made regarding the Ecolaire facility in Honey Brook.: Ecolaire need not dwell upon the several inconsistencies and infirmities contained in Mr. Good's hearsay statement, because he has since been deposed in the United States v. Barkman litigation. In his subsequent testimony, Mr. Good specifically denies that he hauled any drums or liquid wastes from ; the facility that EPA alleges is the Ecolaire facility.3 Deposition Transcript of Samuel Good dated

1 As noted by Ecolaire in previous correspondence, the Lanchester County Landfill u,jji; in closer pm\imil\ to the Lcolairc facility' than was the Welsh Road Landfill. " ^

In facuMr, Good does not appear to "refer to the AlIen-Sherman-HoiT facility by name. InsteadJt appears that EPA's investigators made ihejr own. assumptions regarding the identity of the "pipeline company" that Mr. Goadina) have discussed during his "interview."

Again, at no time during his testimony does Mn Good refer to Ecolaire or A.llen-She.rman-HolT._ Himover based upon previous descriptions provided b> EPA. Ecolaire assumes that thejacility that counsel for EPA was referring to in the deposition \vas the Ecolaire plant, Because Ecolaire did not have the opportunity to participate in this deposition, it rcscr\cs iill rights and objections it ma\ have in that regard.

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May 4, 1998, pages.35-37; pages 53-55.. This information was provided to counsel for EPA by letter dated April 30. 1999. See Exhibit H.

The other uncorroborated, unchallenged witness statements that EPA appears . to rely upon in linking Ecolaire to the Site are those given by "Mr. William Klemmer in 1990 and 1991.4 In its earlier corresp'cndence to EPA. Ecolaire has identified how Mr. Klemmer's wildly inconsistent and speculative statements are not in accord with the facts that have been established, including facts that have been established through contemporaneous documentation created by the parties at the time. See e.g.. Exhibit E, Among the inconsistences noted in Mr. Klemmer's statements were the following:

• Ecolaire's facility was not a "pipeline company" as alleged by Mr. Klemmer. but * instead was a warehousing (and to a lesser extent, assembly) facility for components of ash handling systems. ...'."'.' ~_.

• Ecolaire's facility was located on Route 322 in Honey Brook. Pennsylvania, not Route 10, as Mr. Klemmer alleges. ~

• Contemporaneous documentation (as provided in Ecolaire's 1991 Section 104(e) Response, Exhibit A hereto) indicates that Mr. Barkman serviced one thirty (30) yard rolloff container on an '*on call" basis, as opposed to the three four (4) yard containers that Mr. Klemmer alleges were removed from the "pipeline manufacturer" as often as four times per'week.

• Ecolaire's Honey Brook facility operated only one shift per day, from 7:30 a.m. to 3;30-p.m., and was closed at nights. Mr. Klemmer's statement that he collected drummed wastes only at night is directly inconsistent with the facts.

• r During most, if not all, of Mr. Klemmer's alleged tenure with Mr. Barkman, Ecolaire has contemporaneous documentation indicating that the occasional hazardous wastes it generated were sent to a licensed facility, and not to the Welsh Road Landfill. See Exhibit A.

• Whereas Mr. Klemmer alleges that the waste stream from the "vpipe manufacturer" consisted of a significant amount of metal scrap, metal threading and shreddings. . most waste generated by Ecoiaire's warehousing/assembly facility were in the nature of packing materials^ not metallic scrap. More importantly, metal scrap reportedly

4 From a review of the "interview summaries" that Ecolaire has just received, it appears that Mr, Klarmier VULS again "interviewed" by EPA in 1996.. importantly. Allen-Sherman-Hoffis not even mentioned in Mr. Klemmer's "ne\\" statement......

flROUI730 Frank Klanchar May 14. 1999 Page?

was segregated at the Ecolaire facility so that it could be sold for value to local scrap dealers in the area, and was not thrown away.

In light of the foregoing inconsistencies^ no weight can be_given to the statements attributed to Mr, Klemmer. However, even if Mr. Klemmer's statements were to be believed, he apparently said that he picked up "one or two 55 gallon drums" from the Alien- SHerman-HofT facility "only once in a great while." Moreover, Mr. Klemmer admitted that he was unable to specify what the contents of these alleged one or two occasional drums might be.. It is axiomatic that without proof that these alleged drums contained hazardous substances, there can be no liability under CERCLA.

Finally. Ecolaire produced two documents with its .Section J.Q4(e) Response that indicate that Mr. Barkman may have picked up one (1) 40-gallon drum.of.xylol and mineral spirits from the Ecolaire facility in 1980. Importantly, no information exists that indicates that this one drum, even if it was picked up by Mr, Barkman. was disposed of at the Welsh Road Site. In fact, as noted above, the Welsh Road Landfill apparently was closed several years before the alleged transaction occurred. Moreover, Ecolaire understands that Mr. Barkman has denied that he took anv liquid wastes from the Ecolaire facility to the Welsh Road Site.5 Accordingly, this one alleged V transaction is not sufficient to establish a link between Ecolaire and the Welsh Road Site.

2. Because EPA Lacks Credible Evidence Linking it to the Site, Ecolaire has Sufficient Cause to Not Comply with the Order.

From the inception of CERCLA, it has been recognized that "sufficient cause" to not comply with a Section 106 Order would "encompass de_fenses such as the defense that the person who was subject of the [EPA] Order was not the party responsible under the act for the release of the hazardous substance . .. ." See the Remarks of Senator Stafford lauthor of CERCLA}, 126 Cong. Rec. at 30986 (November 24, 1980). In his remarks, Senator Stafford specifically noted that "sufficient cause" would exist when substantial facts were in question at the time the Order was issued, or if the party subject to the Order was not a substantial contributor to the release. Id (emphasis supplied). These same points were repeated by Congress in 1986 when CERCLA was reauthorized. See H.R. Rep. No. 253(1) 99th Cong., 2d Sess. 8Z reprinted in 1986 U.S. Code Cong. & Admin, News 2835,2864 (*".., the phrase "sufficient cause' will continue to be interpreted to preclude the assessment of penalties or treble damages when a party can establish that it had a reasonable belief that it was not liable under CERCLA ...."). This interpretation of the sufficient cause defense similarly has been adopted by the courts, including the court that has presided over previous litigation relating to.the Welsh Road Site. See, e.g.. United States v. Barkman, 1998 WL

It ii> noteuorth> that when Mr. Barkman tiled third party complaints against most of the Respondents to this Order, he did ngt sue Ecolaire. Thcjact that Mr, Barkman sued other Respondents but not Ecolaire provides addition.nl e\ idencc_ thatlini FniLiirt*"Euolairc's< wa&tewastes were nonntt taken tro thee Welsh Road Site, ------

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962018." * 17 (E.D.Pa. 1998) "("sufficient cause" includes a situation "where a party has a reasonable . belief that it was not liable under CERCLA).

As detailed .above, based upon the information available to it at this time. Ecolaire has a reasonable basis to conclude that it is not a responsible party at the Welsh Road Site as_a matter of law. As a result, Ecolaire possesses sufficient cause to refrair> from complying with the unauthorized Order issued against it. . - -_ -

B. EPA's Effort to Impose Joint and Several Liability under the Order Is inconsistent with Existing Law, is Arbitrary and Capricious and is Unenforceable.______...... ______,______

In Sections 11'.","Paragraph 3 and VI.A.2 of the'OfdefrEPA purports to determine that the Respondents are jointly =and severally liable for carrying out most provisions of the Order.6 Such an unauthorized determination by EPA is in direct contravention of existing caselaw that has held that liability under a Section 106(a) Order is net joint and several. See United States v. Stringfellow, 20 ERC 1905, 1910 (C.D. Calif. 1984) (there is no role under Section 106(a) of CERCLA for joint and several liability to abate). Moreover, consistent with the Third Circuit's decision in United States v. Alcan,.25 F.3d 1174 (3d Cir.T994), Ecolaire will not be liable for conditions that are divisible from those that can be proven to be associated with Ecolaire's activities... EPA's attempt to make a unilateral determination in this regard is unenforceable as a matter of law.

EPA's attempted determination regarding joint and several liability also ignores the practical problems that can be caused by ordering more than one party to undertake the same activities at the Site. These practical problems are exacerbated when, as here, the various Respondents possess very different interests and alleged liabilities for conditions at the Site. Application of the doctrine of joint and several liability in this context can lead to abusive treatment of parties like Ecolaire by other Respondents who clearly have more substantial ties to the Site. Accordingly, application of the doctrine of joint and several liability to the facts of this case is an arbitrary and capricious use of EPA's authority under CERCLA, and is therefore unlawful and unenforceable. -

6 Pursuant to these same provisions. EPA acknowledges that only the owner/operator Respondents (/1/.. Mr. Barkman and related entities) can control site, assess and related issues, and that therefore those obligations are not joint and several. However, as discussed in greater detail below, the inability to gain access to the property may impede, if not complete!) thuart. the ability oHhe other Respondents to perform any work at the Site.

9ROui732 Frank Klanchar May 14. 1999 Pane 9

C. EPA Has Not Demonstrated That an Imminent and Substantial Endangerment or Threat Exists at the Site as Required by Section 106.______

Section 106 of CERCLA requires that tor an administrative order to be effective. EPA must establish that an "imminent and substantial endangerment to the public health or welfare or the environment" exists. 42 U.S.C. § 9606. Other than a perfunctory "conclusion" that the releases from this Site "may present an imminent and substantial endangerment to the public health or welfare or the environment," EPA has not provided any specific bases in the Order to support this statutory prerequisite. Although the 1990 Record of Decision ("ROD") and other administrative record documents contained allegations that conditions at the Site posed an "imminent and substantial endangerment/' it is important to note that these documents all predated EPA's recent installation of the water supply in the area of the Site. After EPA's expenditure of over $9 million and the removal of the risks associated with using groundwaterjn the vicinity of the Site, it is unclear that EPA can still establish that an imminent and substantial endangerment exists at the Site such as to warrant issuance of the Order.7

In addition, although Ecolaire has not exhaustively reviewed the analytical data collected by EPA over the years, from reviewing the Summary of Findings contained in the ROD. Ecolaire notes that most of the contaminants identified by EPA as being "elevated" are. in fact. below Pennsylvania's established health-based standards for residential exposures (direct contact). 25 Pa. Code Ch. 250, At these relatively low levels, it is highly questionable whether this data can support a finding that site conditions pose an imminent and substantial threat, as EPA alleges,

D. Because of Mr. Barkman's Continued Presence on the Site, It Is Unlikely That Any Work under the Order Can Be Accomplished.______

EPA has been embroiled in litigation with Mr. Barkman for v^ears. in an effort to gain ; access to the Welsh Road property. EPA therefore knows firsthand the difficulties that likely will be encountered in implementing the work required by the ROD and the Order. To the extent that Mr. Barkman and/or other related entities do not provide free and unfettered access to the Site, the Respondents have sufficient cause not to comply with the Order.

7 It should, be noted that the Court's previous finding in Untied States v. Barkman that an imminent and substantial endangerment existed at the Site relied upon the fact that groundwater associated with the Site was still being used. and in tact, addressed a cc>mp]etel> different order than the one at issue here. See Barkman at *!6.

4ROOI733 Frank Klanchar May 14. 1999 Pace 10

V. Conclusion

As a general proposition. Ecolaire stands ready to contribute its fair share to responsible cleanups for which it has responsibility. In the instant case, however, there simply is no credible evidence that establishes Ecolaire's responsibility for conditions at the Welsh Road Site. Accordingly. Ecolaire has sufficienTcause.nojLtQ. comply.with the Order issued against it.

Ecolaire wishes to underscore that it does not take this position lightly. From the outset of this matter. Ecolaire has attempted to cooperate with EPA and the other PRPs at every step of the process. In addition, Ecolaire has diligently sought nexus information from EPA and has taken the time to point out for EPA's benefit the inconsistencies of some of the witnesses' statements with the established facts. Ecolaire also has made recent settlement overtures to both EPA and to the Group in an effort to resolve this matter quickly and amicably, but such efforts have been fruitless to date. Notwithstanding these significant efforts iq be cooperative, however, Ecolaire also has a responsibility to its shareholders. In light of the weak and uncorroborated information presented to it by EPA, and the significant defenses to'liability that it possesses, Ecolaire cannot in good faith justify the large expenditures of funds that the other Respondents were demanding of it to comply with the Order, especially when it is clear that those other panics are far more responsible for conditions at the Site. However, as Ecolaire has indicated before, it remains willing to engage in further discussions with EPA and/or other PRPs should any credible or probative evidence be provided that demonstrates a link between Ecolaire and the Site.

Please dp not hesitate to contact me if you have any questions.

Sincerely,

LPH/hs

Enclosures .

cc: Cynthia Nadolski, Esquire (w/Enclosures)

fiROO 17314 JOY TECHNOLOGIES INC. LAW DEPARTMENT . - - . „...,...... ,... One Oxford Centre 301 Granf Street bcc: J. G- Davis (w/encl. ) Pittsburgh, Pemsytuana J5239 J. Klazas (w/encl.) Phone: |4i 21 562-4500: - F. Milo (w/encl.) P. Winkler (w/encl.)

w July 26, 1991 ~. *.-._;.;. - : ; " Writer's Direct Dial: 412-562-4838

Bowen I. Hosford, Jr. Mail Code 3HW11 U.S. Environmental Protection Agency 841 Chestnut Building Philadelphia, PA 19107 Re: Welsh Road Super Fund Site (Barkman's Landfill); Honey Brook Township. Chester County. Pennsylvania (the "Site") Dear Mr. Hosford: This letter contains the response to your request via letter, dated June 20, 1991, for information pursuant to Section 104(e) of CERCLA with respect to the referenced location. The following are the answers of Ecolaire Incorporated, the owner of the Allen-Sherman-Hoff division during the relevant time period (1975-1985) and currently a wholly owned subsidiary of Joy Technologies Inc. ("Ecolaire"), in the order of the questions set forth in your letter: 1. The operations conducted by Ecolaire at its plant located at Route 322, West Main Street, Honey Brook, Pennsylvania 19344 were in the nature of warehousing and assembly in connection with the supply of "Allen-Sherman-Hoff" ash handling equipment and after market parts. There were approximately 30 employees at this plant during most of the relevant time period. The warehousing function was about three times larger than the assembly function. At no time did this plant conduct any "pipe-line" related operations. 2. This plant has been in existence since 1975. 3. The waste generated by Ecolaire at this plant during the relevant time period consisted of regular accumulations of yard trash, occasional drums of spent liquid paint thinner and a one time collection of 86 drums of bottom ash and fly ash submitted by coal fired electric generating plants to Ecolaire for the purpose of evaluating its physical conveying properties.

flROG1735 Bowen I. Hosford, Jr. July 26, 1991 Page 2 The yard trash was contained in a thirty cubic yard hopper located at the plant. The hopper was emptied about twice a week. Enclosed and marked Exhibit A is a copy of invoices and purchase orders documenting this arrangement. The spent paint thinner waste was disposed of in 55- gallon drums. Enclosed and marked Exhibit B is a copy of invoices, manifests and other documentation with respect to this waste. Enclosed and marked Exhibit C is a copy of the invoice, manifest and other documents with respect to the one time disposal of ash residue. The names, positions, addresses and telephone numbers of the employees who were responsible for the disposal of these wastes are as follows: - (a) Guy Lengel - Plant Manager (1975 - 1980); present address: Joy Environmental Equipment Company, One Country View Road, Malvern, PA 19355; 215-647-9900; (b) Charles Hunter - Plant Manager (1980 - 1982); present address and telephone number: unknown; (c) Joseph A- Klazas - Plant Manager (1983 - present); present address: Joy Environmental Equipment Company, Route 322, West Main Street, Honey Brook, PA 19344; 215-273-2092; (d) John Shaeffer - Shop Foreman (1975 - 1982); present address: 2313 Laurel Top Circle, RD #1, Karvon, PA 17555; 215-445-4418. (e) Paul Plank - Maintenance Man (1975 - 1978); Shop Foreman (1978 - present); present address: Joy Environmental Equipment Company, Route 322, West Main Street, Honey Brook, PA 19344; 215-273-2092; (f) James R» Moyer - Inspector (1975-1981); Shop Foreman (1981 - present); present address: Joy Environmental Equipment Company, Route 322, West Main Street, Honey Brook, PA 19344; 215-273-2092;

9ROGI736 Bowen I. Hosford, Jr. July 26, 1991 Page 3 4. This plant had a contractual arrangement between 1975 and 1985 with Charles Barkman, Barkman Disposal or Twin County Disposal for the pick-up, transportation and disposal of yard trash including various cardboard, paper and other packing and strapping materials and wooden pallets. Please see Exhibit A for relevant documents. In 1980, Barkman Disposal apparently picked up about 40 gallons of paint thinner waste at this plant. Please see Exhibit B for relevant documents. 5. All of Ecolaire's information with respect to waste which may have been disposed of at the Site between 1975 and 1985 and waste which was picked up and transported by the Barkman entities between 1975 and 1985 is contained in the responses to questions 3 and 4 hereof and in the documents submitted in connection therewith. 6. There are no permits or applications or any other correspondence in our files between Ecolaire and any regulatory agency regarding the transportation of waste which may have been disposed of at the Site or through any of the Barkman entities. 7. Other than the documents submitted herewith, there is no correspondence between Ecolaire and any third party regarding the transportation of such waste during the period 1975 and 1985. 8. We are not aware of any other such person or documents. 9. Ecolaire operated under a document retention policy between 1975 and 1985. We have been unable as yet to locate a copy of this policy so we cannot at this time provide any information concerning the effect of the policy on any records requested above. If you have any questions concerning this response , please contact the undersigned. Very truly yours,

Howard F. Voigt Senior Attorney HFViams Joy Technologies Inc Enclosures

AROUI737 Th« z^-«s Na a 75844

Alieh-Sherman-Hoff • /• KB. C«MB *••« O(t«*H MO. Company •divmooo* O\I-\L\ERM COUNTRN ?\Y msVIEr W RO*D • , rg.*<*»htfiVwi W1>m laVTOCMTQO^ PHOSE jn-h4*.««sao TELEX aj-ugs ...... FO« rV«l«HT T«HH» vattoo* «o. »S C A SVC3. Of HL. UK. tot 30 HOMQT trtok, PA 3AAKMAH DISPOSAL «V. %.j. 14. 8ttE S5Q AS KQUIRCD n Y«« s N° iiCttET SftOitC. PA. 19344-0550 VENDOR TO COMPLY WITH THE POLLOWING flEQUIREMENTS; SHIP TO . ~~'—'~ . i_j U W« raquir* ——— cooiM QOarning initruciiont. —— cartiflad outllna drawing par A-S-H Engtnm •ng Standard 33 ana two copla* pricM r*commana«d tpira omns I tan « our M«lv«rn otf*c Attn: Q 2. All thipmann mu« ba accompanied bv • Packing UK, giving comolrta information M to quantity, iwaight*, ate. O 3- Ship in our nama using our t«gi, S/L, shipping mamo and send u» m«v«n copiaa of all Q 4, Mail ui thrta copiM of invoice and on* copy shipping papart or B/L. C 5. Invoicaa for frvigrit muit indicaia PO No. and Account No.

ALLEN-SHERMAN-HOFF COMPANY INy.°l<:lN<3Mail trirM: COOI M of, .involc , a to; We pay invoices twice a month W. MAIN ST. ROUTE 322 ALLEN-SH6RMAN-HOPF COMPANY REC'D DATE PAY DATE HONEY BROOK, PA. 19344 P. O. Box MJ ls JQ t5 h 8Y 1()th Malwarn, Pa. 19355 15t,-h .T —O— EN,.».,D _ B_.Y .25t "h VIA: . ... . —— IF DISCOUNTS ARE OFFERED. PAYMEf DATES WILL BE ACCELERATED 15 OA'

ITEM QTY. DESCRIPTION 1 v-" '." * **" THIS PURCHASE OKDE* IS S€1M ISSUED TO COVER TMCH ROOM. ROf CM PLWT IN HQffCT S5KW FWW JJWOAIT 1, 1985 tbftt OECEWCK 31, IMS. THIS comma WT BC TE»I»ATTB BT EITMEI wutrr OK THICTT wrs MITTOt KOTICE. CEKTIFICATES OF IKSUtAMCE SRWJL BE MtOYIDO BT VEM008 SUOKIK RMIftSURAMC. LUBXtrnE COVCMG, xmneiC IK EACuH LIABILITT OT THE FOLQHI, uoncEfK sAHEAS amn: - SATItM AK> EHPUTEI'S THIS OMTMCT MAT WT 8ESIR UKTIL SAID IKSUMHCC CElTinCATES HAVE SEEK SUBMITTED. PUASE SE» IHRXHATIOK TO SHItLET 3ISAVTE, OKE COWTTXT TIEU fiOAO, MLVCiUI. M. 193S5. f ALL INVOICES »MT BC AmMWB BT J» WTER BEFORE PLEASE suwn *ian SLIPS WITH INVOICES.

TOTAL PRICE ALL DRAWINGS SUBMITTED WITH THIS ORDER AND THEIR DESIGN ARE THE PROPERTY OF ALLEN-SHERMAN-*- COMPANY THESE DRAWINGS ARE LOANED TO YOU SUBJECT TO THE CONDITION THAT THEY SHALL NO- REPRODUCED COPIED. LENT OR OTHERWISE DISPOSED OF. DIRECTLY OR INDIRECTLY, THEY SHALL NOT 3E US£i FURNISH ANY INFORMATION FOR THE MAKING OF DRAWINGS, PRINTS. OR APPARATUS, OR PARTS THEREOF. EXt WHERE OTHERWISE SPECIFICALLY PROVIDED FOR BY CONTRACT AGREEMENT WITH ALLEN-SHERMAN-l- COMP ANY. ______.. ______,..._^_. ______AUTHORIZED BY

TERMS & CONDITIONS

Terms & Conditions printed on reverse side of this order are herein considered part of this Purchase Order and if not acceptable to Vendor must immediately be returned. M ,-. ,nT^ . MUST BE SIGNED A».iBLT A —— '^-aPOi. 17^0 AND RETURNED PROMPTLY .. i * I >y -fc' 1 f vJ x> "O ^^ Atten-Sherman-HofTh* V^/ f ^^ AMEMOMEN! T • dtvwran g* Company icoi PURCHASE oflo^a NO ' JNI C(Ur*itRY VIIW *O CM AT VAtll ¥ CINT* MAIVHN PI HISS MM *«3mOaj<| "-lOnt J1\J«*7 ^00 » ItltH H.1W

AMENDMENT NUMBER REQUISITION NUMBER ^B^ SUPPLIER s NAME AND ADDRESS « 5CA SE2TIC£S AMENDMENT DATE EFFECTIVE DATE Yl/ti

Please return acknowledgment copy to issuing Quyer Advise if n* amendment will change delivery date or cost.

DESCRIPTION MARK NUMBER DWG NUMBER CONTROL ITEM

The above Purchase Order is hereby amended by changing the

LJ pnc« CD Foa CH Routin5 [ _ 1 Specifications [_J Ship To" | | B

j_ _| Terms ]_ j Exoiration Oat« | J Quantity \_J Deliwy Q 'Bill To" 1 [ AS FOLLOWS FROM PRICE TO PRICE f •

JPEC1AL INSTRUCTIONS

VC 4 duss^d to #10-700-4701-7

Confirmrng Except as changed by Amendment the terms, conditions and standard shipping instructions remain the same as stated on the face and Dack c the Original Purchase Order. Reason

Buyftf Purchasing ^^^k ^•^ S. QlSaatc ... ——————————————— 3R001739 AIJefi-Shemian-Hoff l/V* Na 0.75179 Company rf- _. """""""" ONf COUNTRY VIEW RO*O _ ._ «/L**JUymi 10-70&-4700-4 PMf^S-P ' 1 ^.rf.*!"* OOriVl Tt 1 C tf J 1 1 1QC ie»^»^^^I^W

VVHBOM HO. PS C A STCS. Of M./ itne. Met 30 Honey Brook, FA darlMan Disposal Olv. R • 0 . f 4 3ox 5SO *« 1rH Honey Sroo*. M 19344-0550 VENDOR TO COMPL>f WITH THE FOLLOWING REQUIREMENTS:

ing Standard 83 and two CODJM priead racomrranOM (par* oara Hits ar our Malvam Qtfic*. Arm: _ __ LJ 2. All thipmann mun ba accompaniM by * packing M»t, giving complata intormarion at _o quantity, waight.., ate. Q 3. ShiQ in our nam«

VIA: _ IF DISCOUNTS ARE OFFERED, PAYMEN DATES WILL BE ACCELERATED 15 DA> ITEM QTY. OESCR IPTION This porchue ortter 1s b«1«i tsswd to cortr trash rnoval from our pl*nt 1a Homy ?ro«fc fna Jtwary 1, 1984 thn D«cei!.ber 31, 1984. TbU contract My bt terrlwUd by tltbtr ptrty an thirty diys written notice. C«rt1f1cattt of lawnmct siull b« prev14*»i by teoder id^qoatt 1os«raBC< cncrao* 1» t*ch of tte follovlag

f flCftFt TOTAL PRICE ALL DRAWINGS SUBMITTglW/tTr? TTtrPwDER AND THEIR DESIGN ARE THE PROPERTY OF ALLEN-SHERMAN-HC COMPANY, THESE DRAWINGS ARE LOANED TO YOU SUBJECT TO THE CONDITION THAT THEY SHALL NOT REPRODUCED, COPIED. LENT OR OTHERWISE DISPOSED OF, DIRECTLY OR INDIRECTLY, THEY SHALL NOT BE USED FURNISH ANY INFORMATION FOR THE MAKING OF DRAWINGS. PRINTS. OR APPARATUS. OR PARTS THEREOF. EXC WHERE OTHERWISE SPECIFICALLY PROVIDED FOR BY CONTRACT AGREEMENT WITH ALLEN-SHERMAN-Hi COMPANY. ______-... _. _^- . —- -______AUTHORIZED BY TERMS & CONDITIONS

Terms & Conditions printed on reverse side of this order are herein considered part of this Purchase Order and if not acceptable to Vendor i ~ j ATTACHED ACKNOWLEDGEMEN must immediately be returned. -•-....- i ' MUST BE SIGNED

ROO J 1 k(] ^oouc-ICN CQN.TOOI" AND RETURNED PROMPTLY Frazil Disposal ^_.VL_^ 347 W.Main Street. PO;B»\JOf New Holland. PA 17557

* \U iQj1 w ,Jn ^ _ _ L _ ...--__-_.Phone. : 717-354-594_. ^_ ..1 _. 1 . .L.ti,\U'Ju FLA.1T

November 1, L983

Dear Customer:

This is no notify you chat on November 1, 1983, SCA Services of Pennsylvania, Inc., Barkman Disposal Division, began servicing my waste collection and disposal customers in connection with the sale of the assets of my business to SCA. Your present service, without any interruption or action on your part, will continue just the same as it has in the past.

The decision Co leave the waste service business was a difficult one for ae. My family and I took ?reat" pride in knowing and serving our customers. So, in choosing ny successor, I wanted to be certain you were in good hands. SCA is one of che most modern and efficient companies in the refuse business today, and I am sure you will agree Chat we could not have picked a better fir: Co continue our service.

I will be working with SCA Co make sure the transition goes smoothly. I_r. the event that there is a problem, please feel free Co call me.

SCA will occupy the facility from which I have conducted the business, .and its address and telephone number is:

SCA Services of Pennsylvania, Inc. Bartcnan Disposal Division R.D. #4 P.O. Box 550 - "' " - --v:- ' - ' ~- : . Honey Brook, PA 193i4

Telephone Number: (717) 35--^941 C15) 286-5836 - ;'.! . . —..'.::; "

If you have any questions or problems, nlenso frul free to contact ne or SCA's District Manager. Ralph Amato, at one of the above numbers.

I would like to thank you very much for your patrcoage. It has truly been a pleasure serving you.

Verv truly vcurs,

Ernost C. Barkman

,/ ARQOI7U ^ SCA -SERVICES WASTE REMOVAL & DISPOSAL AGREEMENT RARKMAN DISPOSAL SERVICE DIVISION OP SCA SERVICE'S OF PENNSYLVANIA. INC. RO' PQ BOX 550 ...... -.. _. =_-- .._ BOCOK OA 19344-0550 " " ~ ' "" ^ ----- ——ACCOUNT • "' • .v

A-LLa. cHcSMAN HCFF " " " " "'""_" "_";S'lL_: " _ Sane

Honey jrook, PA 193^______f CirY - '

NAME " PAVUCWT NAME CONTACT ! CONTACT 273-2092 PHONE* . ————— .—— —^ —— — . I PHON£«..______._ __,

CONTAINER SPECIFICATIONS SCHEDULE OF CHARGES A/FRONT'END. REAR END, SIDE LOAD. OTHER 1 SERVICE CHARGE PER S__I. lOay. Week. Mo.) 2. EXTRA PICK-UP CHARGE S .3 EQPTCHARGES.____ .____ S_ Z _ , (Casters. LOCKS) 8. ROLL-OFF, LUGGERS, OTHER 1. SERVICE CHARGE PER LOAD S_11Q»QQ A) HAULING S ______. _ PLACEMENT OF CONTAINER AND OTHER EQUIPMENT: B) DISPOSAL $ ______2. DEL OR REMOVAL CHARGE S, 3. MAINTENANCE CHARGE_____ S, (Per Day. Week. Mo.) COMPACTOR CHARGES —— —————————————————————————————————, T INSTALLATION CHARGE PICK-UP FREQUENCY 2 MAINTENANCE CHARGE PER MO s. X Per We_eK _ M - T - W - TH - F • S !. _ For ______MpS. * On .Carl Additional Terms: DATFSFRVICE TO COMMENCE Nov. 1 ' /19 83 THIS AGREEMENT IS FOR A TERM OF .-T) 2 S4 5 YEARS, v — ' BEGINNING WITH THE DATE SERVICE IS TOCOMMENCE.

See Standard Terms and Conditions on the reverse side, which are incorporated herein by reference and which are included as part of this Agreement. By signing this Agreement, you acknowledge you have read, understand and agreed to the terms and conditions on the reverse side of this Agreement.

Customer Signature: By ———C^S/. A ~™3_£ *? ^——'•—————— Dates*//9/P* . .6, 1963' Contractor Signature: By ——I————Jffc^ A^lfa^ Oate—————:—————

flROUi7U2 BARKMAN DISPOSAL SERVICE B.v,t,«n Of ^CA SERVICE S OF PENNSYLVANIA >NC. (1EC 1 '- P 0 Box sso SERVICES HO..V a,oo., PA I93«.05so HONErHiCCUK 215-236-5836 71 7^35*-59

i,ecemcer o, 1

Good Morning Customer,

In &n effort to continue to provide you with the excellent service you have been accustomed to in the past, we have arvcloaed an updated Service Agreement for your approval.

Please: 1. Review and approve this Agreement. 2. Heturn the original to Uarkman's Disposal. 3. Keep the pink copy for your file. If there are any questions, please contact me as soon as possible at the above address or phone number.

Have a nice day,

c Joyce Sales Manager

A R O'tl I 7 U 3 AI^Shennan-Hoff tt/WW •J&99 Com0*rty ON| COUNTRY VIEW ROAD MALVERN, PA. 193SS PHONE; 215-647-9900 TELEX: 83-1395 TO: H«t IS t.O, 1. ftw •MtmBNT •»• AT 19344 As Ya« (xj No VENDOR TO COMPLY WITH THE FOLLOWING REQUIREMENTS: SHIP TO: Q 1. Wa raqutra——.cooiw oparatlng initructiom,«._oartiffad outilna drawing par A-S-H a • ing Standard 83 and two cap4aa prtcad racommandad apara para Ihra at our Maivam Ottlc*, Atm: Q 2. All thrpmana mint ba aecompanlad by a packing (let, giving complata Information m to quantity, walgfia, ate. Q 3. Ship in our nama uafng our iaoi, B/L. thlpptng mamo and aand m aavan oapia* of all paoan. Q 4, Mail ua thraa ceoiaa of invotea and ana copy chipping papars or B/L. Q 5. Invotcaa for freight muat Indteata fO No. and Account No.

ALLEN-SHERMAN-HOFF COMPANY «. ———— : W.. invoice tw«..mcn.h W. MAIN ST. ROUTE 322 ALLSN-SHERMAN-HOFF COMPANY REC'D DATE PAY DATE HONEY BROOK. PA. 19344 P. o. MM a« Tft TQ 1gt|| ^ 1fth VIA- -u.a««^.lu^,_J.ui-t-u--TM,iLma..l 15th TO END BY 25th MI.!..,..,.< «•«•«» acuwLiaaw IF DISCOUNTS ARE OFFERED. PAYMENT DATES WILL BE ACCELERATED 15 DAY! ITEM QTY. DESCRIPTION

TM« pvrcteM «rt«r H bvfn-9 fsttMd t» cow trtsli fr«» JttMnr 1* 19&3 tin Thlt CMtrtet «y It twvfwt^ hy tttbtr ^rty «i tklitT «rltt« «»t1c«. Ctrtfflcatn «f Imma stall to

Tills cflntrtct My vt toflm wtll stftf iMgirmm C«rt1f1cttM bMM satattttd. n«M s«Ml 1«fsratt1«ii t» A* CUM All fmnlctt Mst te «yyr*«ii by Jfv *y*r teftort

*«C ALL DRAWINGS SUBMITTED WITH"TT"ns''O"RDTS"A>TD THEIR DESIGN ARB/THE PROPERTY OF ALLEN-SHERMAN-HOF COMPANY. THESE DRAWINGS ARE LOANED TO YOU SUBJECT TO TW£> toj9C*ri«fo,THAT THEY SHALL NOT E REPRODUCED, CQPfED, LENT OR OTHERWISE DISPOSED OF, DIRECTLY OR INOIrtEtTeiO'*f'HEY SHALL NOT BE USED T FURNISH ANY INFORMATION FOR THE MAKING OF DRAWINGS, PRINT^QftAPPARATUS, OR PARTS THEREOF, EXCEf WHERE OTHERWISE SPECIFICALLY PROVIDED FOR BY (X)NTRAdWDB5R5f^NI WITH ALLEN-SHERMAN-HQF COMPANY. AUTHORIZED BY TERMS & CONDITIONS

Terms & Conditions printed on reverse side of this order are herein —»—- . considered part of this Purchase Order and if not acceptable to Vendor ATTACHEO ACKNOWLEDGEMENT must immediately be returned. MUST BE SIGNED AMD RETURNED PROMPTLY fl R 0 I' I 7 fA U PRODUC-'ON CONTROL ccoro

I Insurance Managers i Brokers, Inc. COMPANIES AFFORDING COVERAGES I P.O. Box- 117 I Pine Grove, PA 17936 .f.M-(tNV A Rockwood Insurance Company

,'MD*H • - f iu ^^^ J ^fl^^^^^^ K 1 Ernest Barkman .r-C ' ^ I t/a Barkman Disposal 1 P.O. Box 215 , nr D I Honey Brook, PA 19344 IE rTf o ****• • Thij i 'o certify THat ooocies ot THuranee »«ea Deww rav* iee*i .ssued :o me insured named aoove and are m force at :nis tim«. Notwithstanding any requirement, 'erm or condmor • ot any contract sr oth«f Document wim ntsoeci to -Mien tnu certiticite -nay DC usued or may pertain, tne insurance afforded dy trie policies described herein >s suoiect to ail tfe ***| 'arms, eiciuuont ana nnaifoni ot sucn DOUCICS

• 'MP«S» , „ , •j- if. Limits of Liability m Thousands (000) • t*"(O "^ -* NS*.'*3*1* ? .w..,.w . ».- J*- "N ar( r — ..= --...... u -5*CM 1 iQ.-afi-'r 1 , GENERAL LIABILITY ! • \ BCDlL* NJUB" t ,1 I OOQPEPT* c»M»CE I • I 1 r*°] EXPLOSION *ND COLL*ME • |r?rj MALABO 1 : 1 1 _ 1 UNDERGROUND nAMPO 1 Q PRODUCTS COMPILED 9OD'1, ' 'N;uO *"*D 1 1— 1 -- 3PCP5P"'' D»M*Gt I J I 1 — ^ o"" n oo,- ot r-

1 AUTOMOBILE LIABILITY 1 •D;Cr"Ess*Er;aw -

1 D NC^*NE-

1 EXCESS LIABILITY I • < — i 300<'.v 'S.UQV *NO t • ;_ | _MBRE».* "ZOV armarnr - u rr S 5 • ' 3" -E' ~-*s _M8^1_ » 1 ' — ' ..» "CMS'NEO 1 WORKERS" COMPENSATIONl 1 =-^-=PV --^^^^^^^Hl I and I A EMPLOYERS' UA8IL1TV WC 2218.09 3/10/83 ^ ^T7 1 OTHER

*» * .. .,- . - -.;.,^ •— '._! " • CanctUatlon: Should any of tne aoove aescnoed poi'Cies oe canceled De*orft.:reanoiranon aate thereof t^e -ssu rg ;c~_-_. • oany wli enceavcr to -nail ___ days written notice to the oeiow "amed certificate holder, out '21 «'e " 1 man such «otice shan 'rrpose no oongation or aonty o* 3^y kmc ^Don the company

December 23, 1982 I Alien Sherman & Hoff 3ATE SSuEO 1 1 Country View Road • Halvern, PA 19355 • C. M. Freeman ROCK WOOD ROCK WOOD PITTSBURGH INSURANCE INSURANCE COMPANY MUTUAL COMPANY OF INDIANA INSURANCE CO. ^ OR AirgRS THE COVERAGE AFFQROEO BY *NY POLICY OESCPIBED nj This is to certify that policies or insurance listed below have been issued to the insured named herein and are m force at this time. * 1 1 " •" T '~ c F a E = -1 fi '. A G f . f INC. MED UP.ED 0 ADDRESS

LIMITS OF LIABILITY IN THOUSANDS '0001 EACH ' TYPE OF INSURANCE POLICY NUMBER POLICY PERIOD COVERAGE OCCURRENCE AGGREGAT; GENERAL LIABILITY

_ COMPREHENSIVE FORM EFF BODILY INJURY S S i_ PREMISES - OPERATIONS EXP. PROPERTY DAMAGE S S L_ PRODUCTS /COMPLETED OPERATIONS HAZARD BODILY INJURY AND PROPERTY DAMAGE D CONTRACTUAL INSURANCE COMBINED s s D INDEPENDENT CONTRACTORS

AUTOMOBILE LIABILITY

BODILY INJURY C BUSINESS AUTO EFF (EACH PERSON) s EXP, BODILY INJURY s L^ OWNED (EACH OCCURRENCE) I L_ HIRED NON-OWNED PROPERTYOAMAGE $ ^BBAGE LIABILITY EFF, BODILY INJURY ^L.. HAZARD 1 (EACH PERSON) s EXP. BODILY INJURY s L_ HAZARD II (EACH OCCURRENCE PROPERTY DAMAGE s 1 WORKER'S COMPENSATION EFF, • - / - / • : STATUTORY STATE (=ACH AND EMPLOYERS' LIABILITY : »•"- EXP. - •: / - " / OF; P - S 1C? ACCiDEN- EXCESS LIABILITY

BODILY INJURY AND |EXP PROPERTY OAMAGE ; S COMBINED t OTHER '

EFF •S S I* i5 EXP JS iS N THE EVENT OF ANY MATERIAL CHANGE IN. OR CANCELLATION OF. SAID POLICIES. THE UNDERSIGNED COMPANY WILL ENDEAVOR O DAYS WRITTEN NOTICE TO THE PARTY TO WHOM THIS CERTIFICATE IS ISSUED: BUT FAILURE TO GIVE SUCH NOTICE SHALL MPOS OBLIGATION NOR LIABILITY UPON THE COMPANY. __ JiBSCP*ffltQN-eF OPERAIIQftlSaOCATlONS VEHIC

/-. r • JAN 10 1983 JAN1; '*- L u T0 PfiOO. ? D AUTHORED SIGNALS rtificate of Insurance coco TWS •*Y»»«n 'i rtS- f •» * v- ,» -, . v • • . -. vi.-a NO mchi', .jrow TH* l"T-f r*-: « «ao ADO-CM /• . A. KtntcoMrr, In«. .0. Box 170 'lljcLn«ton, UE

'.0. Box 215 Brook, ?X 193M

1>ro»e«^i >n»t. *e«»atm»i

TTTP QATC tACM OCCX^MENCI AGGWGA'* GtMWAL UAMUTT '•*-* •OOC.V IHJUffT «500, 13 [Jl PI t"lOSION AMD COUJknC \ jsj HAZAND LJ Uftocncnoum HAZAMO 1 1 HAUflO •OOI.T IHAMV AMD COfTTKACTUAt. tMSUMUCt monirrv OAMACC MOAO COM*MCO m-^ OAUAOE

wuu*r PCMBOHAL

LiAettrnr KMM.VMJU*V

90OM.T A 3/1S/M {EACH

90OH.Y WJUWT AMD fprvOAM .OMfllNCO EXCESS LlABu •**JURV ANO A -E « DAHAOt ,000, COMBINED

-iNSATlON in^iiini

Should any of tte abov< d«cnb»cl poticm h% OH*Cff4tod tafora tf«t tapir•ttoo

NMMC AND WDOalSSC* «KI*IC*r£ HtXDCW:

Or* at Tall«y C»rp« -rati , PA BARKMAN DISPOSAL SERVICE (215) 236-5S36 SERVICE AGREEMENT

'_ New Customer Zr Renewal Date ______Contact: Aller.-Sh.ernian.-Hoff--Company _____ Phone 273-2092____ Billing Narre ~a.Tie____"' . ' ' ' " . '"'" "" ____ Billing Address W .Main Street .Route 322 HoneyBrook,Pa. Collection Address Rou-ce 322 Honey Brook. Penna. Special Instructions ____Contract valid for the term nf ore ypa-p! ______January 1, 1983 through December 31. 1983______wi~h One(l) 30 yard opentop/ to be emptied on a cal_.";.

Type of Service: C Front End Loader D Rear End Loader El: K. :!-Q Container Size: - 30 yard open No. of Pickups Per Week ______.. _ Service Days: M T W T F S S On Call Container Placement Date __. ______Effective Date of Service: Jan. 1, 1983 Monthly Fixed Charge ______.__ Disposal Charge ______'..._„.. Per Pull Charge $10C .C0/lc-~u* Rental Charge ______,Specia_ l *«--..-D«as_ T% T_ a ^ ^ &a nXl^^io we^ n^o ^ ^—^*^ V\ *•* •* * .I* Job Location: Allen-SherTian-Hoff, Route 322, HoneyBrook, Penna.

BARKMAN DISPOSAL * J By:. Ernest Earkr.an Title: OWMHR nf Tjark-r.-r.g nigpnggi . Title: Date: Dec. 6. 1962 ____'. . • .Date: / i ///>' 1

THE TERMS AND CONDITIONS ON REVERSE SIDE ARE PART OF THIS AGREEMENT. *• D- HONEY Trash Disposal

Phone: 717-354-5941 ^15-286-5936

SEpt ember 1, 1083

DEAR CUSTOMER,

AGAIN THIS YEAR WE ARE ALL FACED WITH THE RISING COST OF LIVING. WE HAVE BEEN NOTIFIED THAT THE TWO LANDFILLS WE DO BUSINESS WITH HAVE RAISED THEIR RATES 20 55 PER TON. ALTHOUGH WE COULD HAUL IT TO OTHER LANDFILLS, T.TE ARE FACED tflTH THE HIGH COST OF 7UEL, BECAUSE THEY ARE OUT OF THE AREA. SO THEREFORE, WE SINCERELY APOLOGIZE ^ND ASK FOR YOUR UNDERSTANDING, REGARDING THE FACT THAT

«E TOO MUST RAISE OUR RAT2S. WHILE WE ARE TRYING TO DO OUR L'iST.

TO HELP YOU SAVE MONEY AND AT THE SAME TIMS GET YOUR MDN3Y'S

WORTH, WE HAVE DECIDED TO RAISE THE CHARGE PER LOAD FROM f T0 /'/d'** PSR LOAD,BEGINNING SEPTEMBER 1, 1983.

IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL.

SINCERELY YOURS, taw 6551 »••• •*••> -^ Company . ^^ of V^ ONE COUNTRY VIEW ROAD ^/fff^tK 3\tHSiM 10-700-470C -8

ERNEST BARKMAN ) 347 W. Main St. Net 30 HOney Brook, Pa•' * • *• r New Holland, PA 17557 As required Q Y. [X] ,: VENOOFI TO COMPLY WITH THE FOLLOWING REQUI AEM6NTS: SHIP TO G 1. Wa r*aui~> ——— COPIM opar*ting instructions, __ ewufiad oudlna drawing p«r *-S-H T - . C ' ' .:"r-z_z: tng Standard 33 ana two coolaa pricad r*command«4 tpara p»ra Ibis at our Marwm C • ' Ann: LJ 2. All irtipmantB niuct ba accompanied by • paeklnf list, giving complma information —• to quantity. w«jghtx, «e. Q 3. Ship In our nam* Living our tags. 8/L, (hipping m«mo «nd land u« tavan copl«a of all e.-._. Q 4. M*il us riuaa COP'M of invoice and on* copy ihlpp4ng papan or •/!_ O £• lnvoic«t for fraignt murt indicate 'O No. and Account No. '

J£J At-i-EN-SHCF^dAN-HOFF COMPANY 'NM?i!Ci!I5 cool. Uf .nuu,L. ,u We MV mvo,c« twice . mar : W MAIN ST. ROUTE 322 ALLSN-SHEflMAN-HOFF COMPANY REC'D DATE PAY DAT? HONEY BROOK,PA. 19344 -— — alvam, ». ^^ TQ ENQ ^

VIA: M*. OTMUi CO**tlfUr*MS*l* mttJULO ^ 1 •!•! l»| ^t i

ITEM QTY. OGSCfttPTION PRIC, This purchase order 'is being issued to cover trash 5100, C removal fromour plant in Honey Brook from January 1, 1982 per thru December 31, 1982. This contract may be terminated by either party on thirty days written notice. Certificates of Insurance shall be provided by vendor » showing adequate insurance coverage in each of the f o 1 lowi ng are as : . ' General Liability, Automobile Liability, Worker's Compen- sation and Employer's Liability. This contract may not begin until said Insurance Certificates have been sub- mitted. Please send information to Mrs. Donna Davis, One Country View Rd., Malvern, PA 19355

All invoices must be approved by Guy Lengel before payment.

TOTAL PRICE ALL DRAWINGS SUBMITTED WITH THIS ORDER AND THEIR DESIGN ARE THE PROPERTY OF ALLEN-SHEHMAN COMPANY. THESE DRAWINGS ARE LOANED TO YOU SUBJECT TO THE CONDITION THAT THEY SHALL Ni. REPRODUCED, COPIED. LENT OR OTHERWISE DISPOSED OF. DIRECTLY OH INDIRECTLY, THEY SHALL NOT BE (Jll FURNISH ANY INFORMATION FOR THE MAKING OF DRAWINGS. PRINTS, OR APPARATUS. OR PARTS THEREOF, t • WHERE OTHERWISE SPECIFICALLY PROVIDED FOR SY CONTRACT AGREEMENT WITH ALtEN-SHERMAr. COMPANY. AUTHORIZED BY TERMS & CONDITIONS

Terms & Conditions printed on reverse side of this order are herein ,——_—_——.—,— D.S. Davis/cp considered pan of this Purchase Order and if not acceptable to Vendor . .. , . t . * ATTACHED ACKi.OWLEOGE.ME', must immediately be returned. MUST BE SIGNED VfN » 459 3 80 flROuJ75D AND RETURNED i certificate or insurance Te

•••^•••••'•••••••WHIIllllBBBB^IB'^HHHIlfa^BllVM'V'BlMlBBVlBl Insurance Managers & Brokers. Inc. COMPANIES AFFORDING COVERAGES P. 0. Box U7 Pine Grove, PA 17963 -rriT1MPANB * MMl Liberty Mutal Insurance Company

-IMPANV Q| ^^^^k 717-345-8061 ,'r'ta ^J ^^^^H *.*M* N -• * -n*.. jf « "•Me • NI ^* Ernest Barkman , ( --f a \* D.3/A Sarkman Disposal service, inc. ~MP.N. r\ P. 0. 3ox 215 ''~—fa ^J Honey Brook, PA 19344 ;OMP*HI C i-Erife •v i > . .c- » »T 9ooci« ot -idnnc* -.SIKJ oetow navo s«n isjuea ro :ne insured named above and are m force at this trme ^otwitnjtanamg jny requirement, term ar conditior r Jt-1- ;_•"""«• v otne* MC'jm«ot wim -esoact to -men mu certificate may oe 'Slued or may oertam. tha insurance JHofQed Dy [fie aoncie* described herein •* suoiect to ail We Limits of Liability in Thousands (000) -1'; ~,..VW

GENERAL LIABILITY 9CCH" NJO"1- ' 1 1

30QPI-B-. :»MAGE i 1 I Q '. '"LOliON A^O COtL**»S£ i

•"M8""JU j 1

___ " -*« Si. V > =-

AUTOMOBILE LIABILITY

A .A. ; ^Nf : 10/14/82 AS1-331-041867-021 10/14/82 _v;v:-E:

EXCESS LIABILITY 900'L* N^u'** »NO

WORKERS' COMPENSATIONi '__ _ =-A-.-:QV ^^^^^^^B^^^Bj and EMPLOYERS' LIABILITY OTHEH t i-

^^^^•••BBBBBBBBBBBB^HMlllBBBBBBBBBlU

CanceltJtion: S"Cu-c ary of t^e aoove acscnoea ooiic es ae canceiiea aefore the exoiration cate tfereof, rhe ss-^rg corr- - • oany *:ti e^ceavor to ^naii - says ^rirte^ notice to rne oeiow "anea cert^'C3te noiaer. but '3 ..re *s-^— ™ar Su-c^ ict'ce snail 'mpose "o cc'-gat'cn -^ --aoiiiry of any kma upon tne cpmoany,

1 January 18, 1982 Allen-Sherman-Hoff DATE 'SSUEO c/o Donna Oavis One Country View Road •

fl R 0 U I 7 5 I 9* INSURANCE

January 29, 1982

Ttta is to certify chat the assured named in the following'schedule is at this date insured with the State Work- men's Insurance Fund under policy described in the following schedule covering the assured's obligation for com- pensation as imposed upon said assured by the provisions of the Pennsylvania Workmen's Compensation Act and ti»e Pennsylvania Occupational Disease Act as reenacted. Amended, supplemented or further aateaded and all laws mandatary thereof which may be or become effective while this policy is in force, without any exception, qualifi- cation or limitation. ~ ------______

10«DAY CANCELLATION CLAUSE

In accordance with the procedure for cancellation as set forth in the policy. Paragraph 15 the Fund must give at least 10 days notice before the cancellation becomes effective. However, the policy holder may cancel forthwith without prior notice to the Fund. The 10-day notice of cancellation will be sent by certified mail to the Insured, to all Certificate Holders, and to the Rating Bureau in the event the policy U cancelled at any other date, excepting the normal expiration date.

DESCRIPTIVE SCHEDULE Assved Barkman Disposal Ernest Bartanan, T-A______

Address P. O. Box 215 HOney Brook, Penna . 19344______

Description of work covered:

995 Street Cleaning Trash Coll 953 Clerical

COVERAGE GUARANTEE TOR WORK TO BE DONE AT: 1EAD CAREFULLY

COVERAGE GUARANTEE FOR PENNA. EMPLOYES WHOSE DUTIES REQUIRE THEM TO GO BEYOND THE TERRITORIAL LIMITS OF THE COMMONWEALTH AS PROVIDED BY SECTION 305.2 OF PENNSYLVANIA WORKMEN'S COMPENSATION ACT AS AMENDED.

INCLUDING ALL OPERATIONS INCIDENTAL TO THE BUSINESS OF THE ASSURED.

Policy No. 236986 9_____ Effective 2"17-81 U*)l AM. bxpires 2"17"82

ThU certificate is issued at the request .rf Alien Sheraan Hoff______C/O Donna Davis

Wboae address is One Country View Road Malvern, Penna. 19355______

ps STATE -WORKMEN'S INSURANCE FUND

oner or UHOCMWKITIMO SR001752 AIJen-Shcrman-Hoff *»• « 55813

ONE COUNTRY VIEW ROAD MALVERN, PA 7P355- PHONE 015-Wr-V>00 TELEX 83-139S T0: Faroest Barkman X«t 30 547 r. Main St. Holland, fa. 17SS7 As Q YM ® No VENOOH TO COMPLY WITH THE FOLLOWING REQUIREMENTS, SHIP TO. Q 1. Wa i—qulrw.—_capta operating Invtructlona,——.cartlfUd outilna drawing par A-S-H Engin* a jog Standard S3 wtd two cop4aa priced r*comm«nd«d *p*ra pans llto at our Matvarn Otflci Arm: O 2- All rttlpmanti murt b* accompanied by • packing Hit, giving complata information w to quantity, wrtghn. «te. O 3. Ship In our name uaing our tagp, B/L. ihlpping mamo and aand uf aavan coplaa of ill paoant O 4. Mall w thr** eoplM of InvoU* and on* copy dipping pap«~ or 3/U. Q 5. Involcaa for freight muai indlcam PO No. and Aeeount No. INVOICING: We pay invoices twice a month G9 ALLEN-SHERMAN-HOFF COMPANY Mall tfinw coplaa of Invofc* 10: ""——B————'——————————————— W, MAIN ST. ROUTE 322 ALLEN-SHERMAN-HOFF COMPANY REC'D DATE PAY DATE HONEY BROOK. PA. >~~ , Ml±TiS« 1«TO 15

This purchase order is beinf issued to cover trash reeoral frov oar plant ia Homey Irook from January I,ItSl to Oeceaber 31,19tl, This contract may be terminated by eit&er party on thiety days written notice. Certificates of Insurance sfcsll be provided shovin; adequate insurance coverafe in each ef the following areas: General Liability, Antonobile Liabil- ity. Yorker's Covpensatioa and En^leyers Liability. This contract nay not |etin until said Insurance Certificates have been »«ba\itte*i. Flense send information, to: Nancy J« *cBtmfkt OB* Cowntry View toad, fairer*. Pa. 19355. itureice* must be approved by C«y Lemuel before '%cat* TOTAL PRICE DEL, ONE TWO THREE FOUR FIVE a*v«

1 2 3 £ U 4 H 1 S 6 i ! 7 • JKC'0 VI*

RECORD OF MATERIAL RECEIVED — PARTIAL DELIVERIES RK3VIMB ft R 0 U 1 7 5 3 ONE COUNTRY VIEW ROAD MAtVf KN. PA. 1«S5 PHONE: 215-647-9900 I«MT T«tMl« TO:

347 *. MUM SUBSET •Mt*M«WT MB AT »«aT1KAT1M KOCCUAM), PA 17S37 A* Q Y. fx] VCNOORTO COMPLY WITH THE FOLLOWING REQUIREMENTS SHIP TO: Q 1. Wa raqnln rnpm opanR)n« lnatructl4KM,__carclft«d owtflna drawing p«r A-9-H Engtt D fnf a«nd«rd ft «nd two anprtt pdoad neomm«nd«d w«r« para lira « our M«lv»m Offt< Ann: G 2- All tfitptfMnti muM b* •ooompanMd hy • packing iiat, |Mnf ao«

Q 3. 9ifp In our nanw ualot our tap, B/L, ihlpglnf m«mo and Mod u« Mv«n coplw of all pap« G *• Mail ui *ir*» coplat of Inwotea and ona eoov *IOP

S ALLEN-SHERMAN-HOFF COMPANY _WjjMV JnyoicM twice a month ui UAIM «rr ositi-re •»*»•» »raa aoplaa of Inveto* «o: W. MAIN ST. ROUTE 322 ALLEN-SHEPJMAN^fOPF COMPANY REC'D DATE PAY.DATE HONEY BROOK, PA. 19344 , r. u. rw* j« 1A TO

VIA: 15th TO END 8Y IF DISCOUNTS ARE OFFERED, PAYM Jfear Delivery DATES WILL 8E ACCELERATED 15 O ITEM QTY. DESCRIPTION

Tais porcfaase order U being isaoed t» •from ear plat in Hnney ftveok, FA fym TIBMIII l, 1M0 31, '—

TOTAL PRICE ONE TWO THREE FOUR FIVE

RECORD OF MATERIAL RECEIVED — PARTIAL DELIVERIES RECEIVING ftROu175U j. up a« so«a PURCHASE ORDER COUNTRY VIEW ROAD, GREAT VALUY CORPORATE CENTER • **•*» Of MALVERN. PA, 19355 M0UJMI PHONE JM5-647-9900 TELEX: S3-T39S fSSSSS!!*1*11" VP\ 5^ RECEIVED REQNO X7H7 JAN 1 2 1979 DAJE ORDER AND SHIP:- W« pay invoicas twica a montty REC'D DATE PAY DATE 1st TO 15th BY 10th T0: 15th TO END BY 25th 8 ALLEN-SHERMAN-HOFF COMPANY IF DISCOUNTS ARE OFFERED, PAYMEN W. MAIN ST. ROUTE 322 DATES WILL BE ACCELERATED IS DAY HONEY BROOK, PA. 19344 „ mm „ ...^ « ^ SUPPLY AND SHIP ALL MATERIALS AN SERVICES IN EXACT ACCORDANC WITH SPECIFICATIONS AND THE THRU, VIA: ^^ ______AND CONDITIONS ON THE FACE AN REVERSE SIDE HEREOF. UWTMCAXJIIC M. COOCNUWMH n^AMlHOIVTHISOOOiOMYOunMVOICfl """"^"TaPBBHrC ^m^SB&Sn iEm^ffil intS JHRanSB fVBaV U UHHM !• CRW tVHil ZaMMU flMI «HT DBwBH ptet U Biaqr Bnok, HI torn. TBMIIJ 1.1»» ta Hi ml t tt, IflMWM ^BoRnsDimMJEj D^BDnuBPi Aew jrice qwte fren Cnie em U/a/Tft ffifiSffil H

HffiBSO9^9^99E ^^iisjj$i|&

am/if OoD__ __A MH TOTAL PRICE BBaBsUDwKgE ALL DRAWINGS SUBM1TTED WITH THIS ORDER AND THEIR DESIGN ARE THE PROPERTY OF ALLEN-SHERMAN-HOFF BPflfffHI ^—. COMPANY, THESE DRAWINGS ARE LOANED TO YOU SUBJECT TO THE CONDITION THAT THEY SHALL NOT BE mimtM /C* REPRODUCED, OW ED. LEWT OR OTHERWISE DISPOSED OF, DIRECTLY OR INDIRECTLY. THEY SHALL NOT BE USED TQ HBffnfflKl llH FURNISH ANY INFC JRMATION FOR THE MAKING OF DRAWINGS. PRINTS, OR APPARATUS, OR PARTS THEREOF, EXCEPT suuecr r ^X WHERE OTHERW1S€ SPECIFICALLY PROVIDED FOR BY CONTRACT AGREEMENT WITH ALLEN-SHERMAN-HOFF J*^^,, COMPANY. Li.^S6 COMPLY WITH ftgQUEST NO. t 2 34 S NOTED BELOW. ALL INVOICES MUST SHOW PrCO. NO. AND PURCHASE ORDER NUMBER v«] \ to

TE *us »» 3» P o R. •"•aw SFWK*_ n ————

SH PMFNT nilF AT nFfTriNATION: , ** ..flMMH ——————————— - —— - ——————————————————————————————— . .. . _ . . THE ALLEN-SHERMAN-HOFF COMP 1. Wa raqulr*™——capto operating lnnructtorta.___——cartlflad outflna drawing and two copl«« prkMd racomrnarKJad *>aca o»m lira at our Malvam Otf lea, Ann: 2. All •hipmann mun b* •ccornpaniad by a packing lift, giving complata information a« to quantity, w»«i9tin. ate. 3. Ship m our nama u«ln« our taoi. a/L. dipping mamo and land us Mvan cppia* of all paoar*. 4, Mail ui thraa COPIM of invoice and ona copy inlpping pap«n or B/L. / 5, invoteat for fr*i«nt mu«t Indicate PO No. and Rag. No. WHEREVER A MINIMUM BILLING IS IPH'"* I 7 ^ ^ _ ADVISE BEFORE PROCEEDING WITH Qf^C' - SS9 (9/77) H r\ U U I / O w . Aflen-Sherman-Hoff ' PURCHASE ORDER Company ONt COUNTRY VIEW ROAD, GREAT VALLEY CORPORATE CENTER a**i*on«* ff. MALVERN, PA. 19355 ' NmAIBV U 1 7 7P £ PHONE: 215-647-9900 TELEX: 83-1395 SSSSH*"1* "^ I / I 0 \J

m$T OATE »->•" ENTER ORDER AND SHIP:- We piy invoices twice a month REC'D OATE PAY DATE T0. ______- IstTOlSth BY 10th 15th TO END BY 25th LLEN-SHERMAN-HOFF COMPANY IF DISCOUNTS ARE OFFERED. PAYMENT W. MAIN ST. ROUTE 322 DATES WILL BE ACCELERATED IS DAY! HONEY BROOK, PA. 19344 SUPPLY AND SHIP ALL MATERIALS ANC SERVICES IN EXACT ACCORDANCE — VIA: Teeir Bellv-ir*77 AND CONDITIONS ON THE FACE ANC REVERSE SIDE HEREOF. m. 1 QUANTITY UHlT/MCASUflC COOCNUWfH KfAMMMTMIIOXMOMYOUAIMVCHCX mKUJBfJ

I^^Q9i^^^3anHeBBH Cever trmnk ttmmvtl fvw mr *Uat «t Beur trMk.MHHK fnw Juaerr 1, 1»7« ta» EoceeAer SI. l»Tf BBHSril • ^^^^^^^^^^^^•i^ffl m^ . ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H'^1" ^^~ .-*'' 1 ^^^^Ha^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H^L* •.!•!%•• 1 i^HfBlbnrnnwBnlRtif BoiDnB^Rz H^HI^^^DE^^DE ^^^^^m^^^^BoBBBlE BaKBfej Ull|*llllnaMa I^^Ht^HHRt ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^•; r l; :; 3 ' ; :.;- - •j MDVj4i •MRtnllinHI C LWHIH—H __* L^_«>J ^ TO BECaWNG DEFT. iTQTA \j i /AIL_ PRIPr n I^CFP fflltlilBlHiinnMnniiiB ALL DRAWINGS SUBMITTED WITH THIS ORDER AND THEIR DESIGN ARE THE PROPERTY OF ALl CN-SHERMAN.HOFF HffilwSlK 7 COMPANY. THESE DRAWINGS ARE LOANED TO YOU SUBJECT TO THE CONDITION THAT THEY SHALL NOT BE JOflgtllMG REPRODUCED, COPIen. i PMT np r>TWFRw/i«;p ni<:pn<;FnnP nmcf-Tf vno iwnioprTi v TuFv sn^.H "HT BF 'fSFP Tr> fP'fiPHPM' FURNISH ANY INFO RMATION FOR THE MAKING OF DRAWINGS. PRINTS. OR APPARATUS, OR PARTS THEREOF, EXCEPT SUUECT TO WHERE OTHERWISE SPECIFICALLY PROVIDED FOR BY CONTRACT AGREEMENT WITH ALLEN-SHERMAN-HOFF -Jc^x COMPANY. = /kSE COMPLY WITH R6QUEST NO. t 2345 NOTED 86LOW. ALL INVOICES MUST SHOW REQ. NO. AND PURCHASE ORDER NUMBER *ES j | tO

Ef9u« aW* 5*f POB •••ery afT»»»*, FA

HIPMfiWTm,!* ATnFfTTfNATION- ** •-^•ITal* THE ALLEN-SHERMAN-HOFF COMPA^ Wa raquira___ coplaa oparating inttruciiont, ^___ cartiflad outlina drawing at our Ma*warn J:a, Ann: hipfnann mutt ba aceompaniad by * packing I in. giving complata information ut to quantity, a-— nn, are. ... _.—— . - - - - in our nama uairtg our tag», S/L, ffiipping mama and tand u* iavan eooiat of «H papan. «_ •> Mat I ui thraa eoplai of invoiea tnd pna copy (nipping papan or B/L. P** ™ Invoicat for fraight mu

TRASH DISPOSAL 347 W. Mmifl St., New Holland, Pa. 17557

197 J

7 *

'=&-

EXHIBIT B UR001757 TRASH DISPOSAL 347 W. Mala St., New Holland, Pa. 17567

.#** 1WS"

ky- /**- ,?, ^Vja.

-OttC- lie ic. VOUCHER # - -L I -I. "•?*-* DATE VENDOR #- V ACCOUNT NO. DEBIT CREDIT

CHARGE TO APPROVED

J >

flRO'0!7 ^p^"^^"w*5^pv ej-^eerve^^r'^v%vew' TRASH DISPOSAL 347 W. Main St., New BoOead, Pa. 175S7

4^><. r • *•« "V ___-——•• , „ I f n fc^ ^ - 1 * * ~^V"

*• *^y

* a

•»

a R 0 u i 7 5 9 TRASH DISPOSAL 347 W. Main St., New HoCand- Pa. 17557 ...... //./*...

AC

>- fie rtS

flROGI760 TRASH DISPOSAL 347 W. Maia St., New HcUmad, Pa. 17557

VOUCHER ,. 21391 VENDOR # - C * ~ — .' t--*.jiir • ; OC»T

CHARGE TO

*/-7

fl R 0 U i 7 6 MATHMAL SAFETY DATA SHEET R. IXXOM ow'CAi. AMWICA*. «.o. BOX nra. MOOITQM. WAS TTOOT *tX ftxx in . A 04vtaMn af tXXON CMMICAk CO*»»AWV. A Dlv

ATLcNYVI CMCk P*QEDATE: PREPARED: 1NQV 3O. t99O ______NO. : 92971651

SECTION 1PRODUCT IDENTIFICATION * EMERGENCY INFORMATION

PRODUCT NAME: XYLENE CHEMICAL NAME: Para-Deplated Xylene and Ethylbenzene GAS 133O-2O-7 CHEMICAL FAMILY: Aromatic Hydrocarbon PRODUCT DESCRIPTION: Aromatic odor. Clear, colorless 11qu1d.

EMERGENCY TELEPHONE NUMBERS: EXXON CHEMICAL AMERICAS 713-87O-€OOO CHEMTREC 8OO-424-93OO

SECTION 2HAZARDOUS INGREDIENT INFORMATION

The composition of this mixture may be proprietary Information. In the event of a medical emergency, compositional information will be provided to a physician or nurse This product 1s hazardous as defined In 29 CFR191O.12OO, based on the following compos1t1ona1 1nformat1on: COMPONENT __ __ _ OSHA HAZARD Xy1enas '~ flammab1e Ethylbenzene - OSHA f>EL;ACGIH TLV Eye Irritant For additional information see Section 3.

SECTION 3HEALTH INFORMATION & PROTECTION"

NATURE OF HAZARD EYE CONTACT: Irritating, but does not Injure eye tissue. SKIN CONTACT: Frequent or prolonged contact may irritate. Low order of toxldty. Occasional brief contact with the liquid will not result m significant Irritation unless evaporation 1s impeded. INHALATION: High vapor concentrations are Irritating to the eyes and the respiratory tract, may cause headaches and dizziness, are anesthetic and may have other central nervous system effects. Negligible hazard at ambient temperature (-18 to 38 Deg C: O to 10O Dag F) INGESTION: Small amounts of the liquid aaplrated into the respiratory system during ingestlon. or from vomiting, may cause bronehlopneumonla or pulmonary edema. Low order of toxldty.

EXHIBIT B —— AROul762 MATERIAL SAFETY DATA SHST

fXXON OtlMICAI. AMCJIICA*. ».Q. |QX 1271. MOWTOH. TIXA* T7M1 A CHwttton a* IXXQN CHCMtCAt. COMPANV. A Olviaian af IXXOM COWPOMATlQN

ATLtN¥YI PMPt P&GEDATE: PREPARED: 3NOV 3C NO.: 92971651

GENERAL HAZARD: Flammable Liquid, can release vapors that form flammable mixtures at temperatures at or above the flashpoint. Toxic gases will form upon combustion. Static Discharge, material can accumulate static charges which can cause an incendiary er«ctncal discharge . "Empty" containers retain product residue (liquid and/or vapor) and can Oe dangerous. 00 NOT PRESSURIZE. CUT. WELD. BRAZE. SOLDER, DRILL, GRIND, OR EXPOSE SUCH CONTAINERS TO HEAT. FLAME. SPARKS. STATIC ELECTRICITY. OR OTHER SOURCES OF IGNITION; THEY MAY EXPLODE AND CAUSE INJURY OR DEATH. Empty drums should be completely drained, properly bunged and promptly re- turned to a drum reconditloner, or properly disposed of.

FIRE FIGHTING: Use water spray to cool fire exposed surfaces and to protect personnel. Shut off "fuel" to fire. If a leak or spill has not ignited, use water spray to disperse the vapors. Use foam or dry chemical to extinguish fire. Respiratory and eye protection required for fire fighting personnel. Avoid spraying water directly into storage containers due to danger of. boi1over.

DECOMPOSITION.PRODUCTS UNDER FIRE CONDITIONS: Fumes, smoke, and carbon monoxide. ————————SECTIQN 5 SPILL CONTROL PROCEDURE

LAND SPILL: Eliminate sources of Ignition. Prevent additional discharge of material. if possible to do so without hazard. For small spills implement cleanup procedures: for large spills implement cleanup procedures and, if m public area, keep public away and advise authorities. Also, if this product 1s subject to CERCLA reporting (see Section 7) notify the National Response Center. Prevent liquid front entering sewers, watercourses, or low areas. Contain spilled liquid with sand or earth. Do not use combustible materials such as sawdust. Recover by pumping (use an explosion proof or hand pump) or with a suitable absorbent. Consult an expert on disposal of recovered material and ensure conformty to local disposal regulations.

WATER SPILL: Remove from surface by skimming or with suitable adsorbents. If allowed by local authorities and environmental agencies, sinking and/or suitable dispersants may be used in non-confined waters. Consult an expert on disposal of recovered material and ensure conformity to local disposal regulations.

ftROU1763 MATERIAL SAFETY DATA SHEET

EXXON 0«1 Ml CM. AMtPHCA*. P.O. »OX 337*. HOUSTON. TfXAS T7001 A Oiv.aion a* CXXON CHIMICAL. COHVANV. A Oiv<*imt a* EXXON CORPORATION

PAGE: 5 XYLENE OATE PREPARED: NQV 3O. 199O NO. : 92971651

SOLUBILITY IN WATER. WT . X AT *F ; VISCOSITY OF LIQUID. CST AT "F: Lass Than 0. 10 at €8 1 at 77 SP. GRAV. OF VAPOR, at 1 at» (Air»1): FREEZING/MELTING POINT. *F: 3.66 -65 EVAPORATION RATE. n-Bu Acetate-1: BOILING POINT. 'F: o.a 282 to 288

SECTION 9 REACTIVITY DATA

STABILITY: HAZARDOUS POLYMERIZATION: Stable will not occur CONDITIONS TO AVOID INSTABILITY: Not Appl1cable MATERIALS AND CONDITIONS TO AVOID INCOMPATIBILITY: Strong oxidizing agents, concentrated nitric and sulphuric acids, halogen. and molten sulphur. Temperatures above ambient. HAZARDOUS DECOMPOSITION PRODUCTS: None

SECTION 10 STORAGE AND HANDLING

ELECTROSTATIC ACCUMULATION HAZARD: Yes. use proper grounding procedure STORAGE TEMPERATURE, F: LOADING/UNLOADING TEMPERATURE. *F: Ambient Ambient STORAGE/TRANSPORT,PRESSURE, MHg: VISC. AT LOADING/UNLOADING TEMP.. cST Atmospheric 1 REVISION SUMMARY: Since MAY 16.199O this MSDS has been revised 1n Section(s): 6 ______REFERENCE NUMBER: OATE PREPARED: SUPERCEDES ISSUE DATE: HOHA-C-2SOS7 November 3O,199O May 1S.199O

FOR ADDITIONAL PRODUCT INFORMATION, CONTACT YOUR TECHNICAL SALES REPRESENTATIVE FOR ADDITIONAL HEALTH/SAFETY INFORMATION. CALL 713-87Q-68BS______

THIS tNPOMUTIOM RILATU TO TM| SPECIFIC «ATMIJLL OCSIGMATYD AM) MAY MOT W VALID 'ON SUCH MATERIAL U*ED IN CCMlMATION VITH AMY OTHM tUTMIALa ON IN ANV PRCCBM.^SUCH rSpONNATIONtt TQ TMK 1UT V OUR KMMUDCC AMD UL1EF, ACCUMT1 A*O ULIABLC A« OF THC DATt COHPtLCD SoW^rXlT^WWmitirT^OMTwUIKAirrV OM CUAMAIRU IS HIM AS TO ITS ACCURACY, ft* LI ABILITY OR COW>urnNCSS. IT I* uaTMt« uatuT" soo"rScEi «ip>OWnSlLITr LIABILITV TO SATISTY *OYR MIWCLAMTUWf *A *o *T OOA^C TM IaUITMICIT THAT HAYV OCCU ANDR eOMHJTVMK-ROM TXS uM« OOfP 3UC THIH« INPOMUTIOIMPORMATIOMM "OMORR HI o*o OVn M OP*PAJITICUI-AU A ACAIMCT PATIMT IHPMIHCUKHT.

fl R 0 U I 7 6 -Tl MATERIAL SAFETY DATA SHEET i. w.M&Cm EJUCSl &Q» BR l l 1B1MMV At I tXXON CMCMICAI. AMERICA*. P.O. SOX M7Z. HOUSTON. T1XA* 77001 -,-lirurUBi MJ. . rft. • A Diviaian a< tXXON CMMICAL COMPANY. A Q-VtCian a« EXXON CORPORATION 313*93*)flai-aia•uut -- a

PAGE * 1 627 SOLVENT (Mineral Spirits) DATE'PREPARED: ______NO. : ____ 9289462

SECTION tPRODUCT IDENTIFICATION & EMERGENCY INFORMATION

PRODUCT NAME: 627 SOLVENT CHEMICAL NAME: Not Applicable: Blend CAS 8C52-41-3 CHEMICAL FAMILY: Petroleum Hydrocarbon PRODUCT DESCRIPTION: Clear colorless liquid with a petroleum odor.

EMERGENCY TELEPHONE NUMBERS: EXXON CHEMICAL AMERICAS 713-87O-GOOO CHEMTREC 8OO-424-93OO

-SECTION 2HAZARDOUS INGREDIENT INFORMATION

The composition of this mixture may be proprietary Information. In the event of a medical emergency, compositional information will be provided to a physician or nurse This product is hazardous as defined in 29 CFR191O.12OO. based on the following^ compos 11ional information: COMPONENT OSHA HAZARD Petroleum hydrocarbons » Combustible For additional information see Section 3."

SECTION 3HEALTH INFORMATION * PROTECTION

NATURE OF HAZARD EYE CONTACT: Slightly irritating but does not injure eye tissue. SKIN CONTACT: Frequent or prolonged contact may Irritate and cause dermatitis. Low order of toxiclty. INHALATION: High vapor concentrations are irritating to the eyes and the respiratory tract, may cause headaches and dizziness, are anesthetic and may have other central nervous system effects. INGESTION: Small amounts of the liquid aspirated into the respiratory system during ingestion. or from vomiting, may cause bronch1opneu»onla or pulmonary edema. Minimal toxiclty. FIRST AID EYE CONTACT: Flush eyes with large amounts of water until Irritation subsides. If irritation persists, get medical attention.

AROOI765 MATERIAL SAFETY DATA SHEET

EXXON CMMICAL AMfMlCAI. P.O. «OX 3*71 HOUSTON. TfXA* TWO! A Olwiaion of EXXON CMMICAL COMPANY. A Divtataft

627 SOLVENT ...... DATE PREPARED: NOV 13, 1990 NO.: 9289^627

GENERAL HAZARD: Combustible Liquid, can form combustible mixtures at temperatures at or above tne flashpoint. Static Oiscnarge. material can accumulate static charges which can cause an mcandiary elactr'cal discharge . "Emory" containers retain product residue (liquid and/or vapor) and can be dangerous. DO NOT PRESSURIZE. CUT. WELO. BRAZE. SOLDER. DRILL. GRIND. OR EXPOSE SUCH CONTAINERS TO HEAT. FLAME. SPARKS. STATIC ELECTRICITY. OR OTHER SOURCES OF IGNITION; THEY MAY EXPLODE AND CAUSE INJURY OR DEATH. Empty drums should be completely drained, properly bunged and promptly re- turned to a drum recondltioner. or properly disposed of.

FIRE FIGHTING: Uso water spray to cool fire exposed surfaces and to protect personnel. Shut off "fuel" to fire. If a leak or spill has not Ignited, uae water spray to disperse the vapors. Uso foam or dry chemical to extinguish fire. Avoid spraying water directly into storage containers due to danger of bo.1 lover.

DECOMPOSITION PRODUCTS UNDER FIRE CONDITIONS: No unusual

SECTION 5SPILL CONTROL PROCEDURE ""

LAND SPILL: Eliminate sources of Ignition. Prevent additional discharge of material, if possible to do so without hazard. For small spills Implement cleanup procedures; for large spills implement cleanup procedures and. if in public area, keep public away and advise authorities. Also, if this product is subject to CERCLA reporting

WATER SPILL: Remove from surface by skimming or with suitable adsorbents. If allowed by local authorities and environmental agencies, sinking and/or suitable dispersants may !?• used m non-confined waters. Consult an expert on disposal of recovered material and ensure conformity to local disposal regulations.

A R 01; i 7 6 6 MATERIAL SAFETY DATA SHEET

IXXON CMMtCAL AMfftlCAS. ».0. tOX 3J7Z HOUSTON, TEXAS 77M1 A Civilian a* EXXON CMMICAL COMPANY. A Otvtatan a< fXXON CONPOftATION

627 SOLVENT DATE PREPARED: NOV 13. ______NO . : 92894627

SECTION 9 REACTIVITY DATA

STABILITY: HAZARDOUS POLYMERIZATION: Stable will not occur CONDITIONS TO AVOID INSTABILITY: Not Appl i cats'* MATERIALS AND CONDITIONS TO AVOID INCOMPATIBILITY: Halogens, molten sulfur, strong oxidizing agents. HAZARDOUS DECOMPOSITION PRODUCTS: None

SECTION 10 STORAGE AND HANDLING

ELECTROSTATIC ACCUMULATION HAZARD: Yes, use proper grounding procedure STORAGE. TEMPERATURE. F: LOADING/UNLOADING TEMPERATURE. *F: Ambient Ambient STORAGE/TRANSPORT PRESSURE. «»Hg: VISC. AT LOADING/UNLOADING TEMP., cST Atmospheric 1 REVISION SUMMARY: Since SEPTEMBER 12.499O this MSDS has been revised In Sectlon(s): € ______REFERENCE NUMBER: DATE PREPARED: S.UPERCEDES ISSUE DATE HOHA-C-2SO38 November 13.199O September 12.199O FOR ADDITIONAL PRODUCT INFORMATION. CONTACT YOUR TECHNICAL SALES REPRESENTATIVE FOR ADDITIONAL HEALTH/SAFETY INFORMATION, CALL 713-870*6885

TO TMC IPCCtPIC HATEHIAL DUICMATfD AMI «AV NOT U VALID "OH 1UCH HATUlAi, USD IN COM I MAT I ON W1TM AMY *»£«M."*UC. M tSSmZritm an %w M*T OP aw ««*l .-*-,1 r. , ** OATT« tu»i? C^ILIOi «i«Po3iiiiLiT, MOVKVtK,Y M OT QKKfHtCnKTATION STWY »im*L.r •AJMUNT u TOV TH OEH JUITAIILITCUAJUMTUY t*u oMU fCOHPLCTUM Al TO ITU» *CCUBACYw JOCH .IHTOHHI.TIO «Ll*»ILITM Y»c O*M «CaVLrTftMUl« OTLCi . IT U«t. 5« DO MOTiCcS^ LIA»IUITY «0« Uff LQM OH DAW«X THAT MM OCCUH FHQM THt U*C OF TMI1 .-"OWMLTIOM «• OO "I OFTOl

AROul767 ).. i Delaware Container Co, OATI NO - WIST ELEVENTH AVENUE AND VALLEY RO. • COATESVILLE. PA. 19320 V - •' ^' ' 8*5 PHON6: (2181 383-6600 ___ INVOICE

QLLEN SHERMflN HOFF ^ OLLEN SHERWflN K-- SOLO WEST MfilN STREET SH1P WEST MflJN T0 ROUTE 3£2 TO . ROUTE 3-ii HONEY BROOK, Pft 19344 HONEY BROQK.

CUSTOMER SALES- PURCHASE CUIDWI* OEH NO. ORDER OATE NO. MAN ORDER NO. *mr VIT SHIP DATE MANIF6S « 6072' i 85/07/8E a0402£ DS \ DEL Z VER 05/07/8,: PRBi?17' ."-»F>;

PR OTY. ITEM NO. DESCRIPTION UNIT PR ICE Jm dXTENDEDPRICE

1 6011 DRUMS-HIGH BTU-BLENDED 45.CHZ" DF 45.-?:;

4 DRUMS-MORE THflN 6" SL.UDGE S£. 0I?1

1 6208 LflB FEE PER LOflD - DRUMS &t^! * 1? V- '-• *t

I 60*214 TRflNS TO DCC PER LQSD LtS'if'B 'i'wl r • 1

SALE AMOUNT ~2~J. •"* =RMS- NET 30 SERVICE CHARGE OF IV.% PER MONTH WILL BE ADDED • TO ALL INVOICES PAST 30 DAYS. SALES TAX - ._._-. - . , TOTAL flROU!768 STATEMENT | REMITTANCE ADVIC PLEASE RETURN THIS PORT WITH YOUR PAYMENT.

ACCOUNT NO. ACCOUNT

- A : 3.T44 STATCMCNT DATE STATEMCNTOATC ACCO*

IF PAYING BY INVOICE CHE _ ,NDIVIDUAL INVOICES PAID

. .=.".• .i ,™.j7i I"*~/j"t $*'» ™ •«».•••• i. ——————— ' ••. •» • ZT> '"v^-..> .'*• ' •- "~ v "* • • " * "'.'•"•Vl'V*£^*§*<^''t1*1 -*^/^V"^*V*"-**--1""i' .* •• '****"• ""*:»" -^—> —*'.w . ^-^" , •• rf "s *• V**1*?*.*,*• -, —•**' .-***••*""*l"* ^*• - "*_' *' ,

i«*i*3ecDSro^*-<: • ,*?r ?s^^* t^-'-Vr-r-^v--* *;.•• -. _:'-" ""-^T: f 1 ™^^-" latewar* CootaiMr Qi^ htc. Chemical Waste Removal 6072- **.-»*»*S* W««Tlth AWUM and V«ll»y Road » CoatMViMt, PA 19320 • 215-3*MeOO

Twltart:

Arriv* Tim*

O»partur« Tim*:

0*4«y Tfm»: (cftor fint hour) SMt Expianatlon:

RMM onrfi nonaiusoOT osoor UN EPA OCC SMPflNBKAie HAZAROOASS MJM8GI ouwrnrv COt-TAINBB HAZ WASTE TYPE USE ONLY 3 NO TYPE CODE •

Gwmntor SJgnature:,

OCC UM only Invoice To:

CUSTOMER? qOPY",

flROUl770 Division of Hazardous Waste Management """ P. O. Box 2063 Harrisburg, PA 1712O

SWM.5l;Hav,S/8*______Ptaasa print of IYP*. [Form d«migr»ad for uaa on aflta (12-prtehJ typawritaf.t Form Approvad. 0MB No. 2OOO-O4O4 E*pira« 7-31-8 UNIFORM- HAZARDOUS 1 iAjIWM'BU U5^£AJ9 NV ^ « M«nH«t 2. Page Information in the sheded areas if WASTE MANIFEST lS«W*U f**W( .£#* | o««--m N?. of Is not required by Federal taw. 3. aatMKator\N*m* PAA. SutBa Mantlaa017139t OoCumant Numba6 r B. Stata Can. K) 4 QarwratW* Ptxjoa I 2/^5* i S. Tr«n«qorta. 1 .Company Nim§ 6. US EPA ID Number C. Ststk Trena. 10 PA-AH O» 72- • ! t 7 Tfanipottar 2 Company Name 8. US EPA ID Numbar 0, Tranaportaf't Phona (2/4T) L E, State Trana. ID GO 9 Dasignnad FvcttJty Nama and S4t« Add»«* ^ 10- US Ef>A ID PA-AH ' F. TraniporMr'sPtMMMj____1 A ~S* ' b r~ifUU'~7*/'*'1/U I ° SW* F*ca>tY'IP^ IS.<^ ^e^"'fed i ^ £~$/97*£OO 12. Contamars 13,' 14. > I. 11. US DOT Daieription (Including Proper Shiopmg fttmmt. Hixird Cltss. «itrf ID Numbmrl Total Unit Watt.a No No. Typa Ouaniiiy WrVo

.... . c. T O . . . R

. . J. Additional Daacnptiofls for Mattnate LJstvd Abova. fktcludf pit

b. Id, i t>. d. 15, Special HandKng Inttructions and Additional Information

i

asKTtmeduul Y c« N th e Naiiona J Raipom t Cente r (BOO ) 42 4 SBOf an d tl i ed above by prop H. ' IS GENERATOR'S CERTIFICATION: 1 hereby declare that the contents of thia" consignment are tu»y and accurately describ U) shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition tor transport bif O highway according to appKcabte international and national governmental regulations, and alt applicable State laws regulations. O*f* . ______„ _____ ^^______.... _____ • -• • — | m,,_ - _ j—| — • - ** - —" •£ —* —jjV J fLt — ^EOri^ftttm f\ ^"t

. S T 17 Tf«n«pan« 1 Acknowl«.««rn*m; qt Raeaipl at Matenaii C . B v————————n————-————————————————————————————————«*/n* — ———:——————— ;S*oS?ft D*y •si J: PAfl _3j^_AejkrK>.yi!t

I ~ B 1 I I —— 19 F A C I 20 Ftcihlv 0>»n«r W Operator Cenilication oVracatpt ol haiwdou* maianali cowatad by thit manriast a»c«Sf •» noiarf m It am'19 I —— s EPA Form 87OO 22 (3 84i COPY 3 - Generator - Mailed by TSD Facility - ~ .. j -7 -7 , . ------— -—=j- - - ——-.-:--CHEMICAL WASTE REMOVAL

Delaware Container Co., Inc. STEEFUELL DRUMS

wear CLCVCNTH AVCMUC AMD VAL.I.CV MOAO. ca*Teavit.i_e. PA. ivaao PHONE O1 SI 3B3-S6OO ^ INVOICE N2 13513 r • -• . n Alien Sherman Hoff Company West Main Street Route 322 Honey Brook, PA 19344 4026 May 2, 1984 L ...... _.__._J ._..,

PURCHASE ORDER No. MANIFEST No. PAA3268985 TICKET NO. 5319Q

4 Drums of waste flammable liquid removed for disposal @ S35.00 per drum $140. JO lab fee 50.00 Total $190.00

*3 C2£3%7 1 ~ -£//7fCj / 0 /v I

' TERMS: NET 10 DAYS SERVICE CHARGE OF I Vk% «« MONTH WIU_ *E ADDED TO ALL PAST OUE ACCau^4TS

. flROOj.772 **-' \»-«y-%•?••-_* v"> •-. ,- • •* .**• ' . '•» '• -CUSTOMER COPY"

PARTS: a CM •u k. nr nn no-mr nun *imi "fnirrnimi •r ± •*• * < HOMIN * a^ tC- i I I t ll •"•^i—• rjwr^oR^igfMg^TM -L P*i^ J1 SJGMATtxiJgj r AiOcamncAnoM OF OCLIVEHY AND NON-TAMPERING '

ROUI773 HA2AHDQU, WASTE MAKIFOT OMMmttin^ A 32«t9ft5

TMATMiKT. STOWAGE OR «,..,r*^*-ify X*————i—————————, * I M I I t I M I OOPCBAL (T»> PAC1UTV -—————.—————^————^———-______.-- - -_____• i i^ i0 i -i Vi *i 7i 5 "i Vi 7i < IF MORE THAN TWO TRANSPORTERS ARE TO BE UTILIZED FILL OUT THE FOLLOWING AS APPROPRIATE , . ' i THISFORMiSNO ———OUT bF A TOTAL OF———— THE FIRST MANIFEST DOCUMENT NO IS PA I i I I I I 1 [ |

FORM UNITS PROPER US OOT V) EPA US DOT UN ' QUANTITY CONTAINERS EPA SHIPPING NAME HAZARD CLASS HAZ NUMOER CODE WASTE TYPE NO TYPE 100 t*

SPECIAL HANDLING INSTRUCTIONS INCLUDING CONTAINER EXEMPTION (Le. rOENTt PI CATION OF ADDITIONAL WASTES.OF A NON- HAZARDOUS NATURE INCLUDED IN SHIPMENT WHICH OO NOT HAVE TO B£ MANIFESTED)

I GENERATOR'S CERTIFICATION. This is to certify that the above named material! era property danffied, Jaseiibed. partcagad. marked and labelled and era in proper condition for transportation according to the applfcabla regulations of the Department of Transportation, U S EPA, and the State. 71 wastai described above were consigned to the transporter named. The TSO Fadlity can and will accept tha shipment of hazardous watt*, and has a vmii permit to do so. I certify that the foregoing is true and correct to the ban of my kixmrtedga. EXPECTED ARRIVAL DATE

TRANSPORTER NO 1 SIGNATURE AND CEf ,- - R^pqpT OFJWPMEN1> J? // NO., H.W.T. PA MONTH-' DAA** if A* NUMBER COPY 3 On in am - Retained tv Generator.

£ PART B: 01 TRANSPORTER NO 1 SIGNATURE AND CERTIFICATION OF DELIVERY AND NON TAMPERING WITH SHIPMENT DATE DELIVERED aGtL Z MONTH DAT »(*B '• 1- OATE RECEIVED TRANSPORTER NO 2 StGNAT JRE AND CERTIFICATION TRANSPORTER _ . Of RECEIPT OF SHIPMENT NO 2 H.W.T. PA 1 1 1 1 I MONTH OAV »£*« ID (Ltcenee) No. NUMBER TRANSPORTER NO 2 SIGNATURE AND CERTIFICATION OF DELIVERY AND NON TAMPERING WITH SHIPMENT OATE DELIVERED

1 MONTH OAV r(A. TREATMENT STORAGE OR DISPOSAL FACILITY INDICATION Of ANY DIFFERENCES BETWEEN MANIFEST AND SHIPMENT OR LISTING HANDLING OF REASONS FOR AND DISPOSITION OF REJECTED MATERIALS METHOD

1

2

1 3

4 1 1 ._. JL,- p*HSCTEO O'SPOSAL DATE ————— SHIPMENIrSO FAC1LITT V SIGNATURE AND CERTIFICATION Of RECEIPT OP TITLE 1 MONTH 0*» '5' In caas of an emergency or ipllt lm

O VAI.J.CY MOAD. CQATcavii.i.C, »*. .*>xa PMQMe )31S)3B^ C16QC .NVO.CE -o r n The Alien Sherman Hoff Company West Main Street Route 322 Honey Brook, Pa. 19344 4026 September 30. 1983 L - - .------J*

PURCHASE ORDER NO. MANEFESTNO. ____ TICKETNa. -.____ tJO O*3 '

Drums of waste fiammable liquid removed for disposal @ S30.00 per drum $90.00

r* r

TERMS: NET i a DAYS SCHVICE CHAfitac or m% PER MONTH WILL, ac AODCO TO ALL. PAST out ACCOUNTS

K~V-'*;I.-^ - ?•"-*»- i, * *"•*.* ' - •-""*:."•*•.•--.•••" "^.' j*> a -., :• %"•• i .\-.',C:..v.-_ •rV-V-'-"1 '--•---. - ••"- , .'l" — " " '^-V?"1-. •-.™\":/:*7,-» •••",*'.-. ?•--t> "«•: "•.- =-. J>"- »*'• -."._ - --'--?*.;-.•:,•. - -X-- -" ..' r./— - • '- •> -

^ ^^ _ ^ • -

R 0 u i 775 3ROUI776 TMOF 'O* pA A 515884 SITE ADOftft** .•NONCNO. EPA l.O. NO. *• ,«*_> *?•-•/.> *K ' •* &Q-ff. S & J; 7 *3 - - -TJ _-*'; till i RANSPQftTCK MO i -i J *\» '? ?2o Y 3 7 I

1 1 1 I t I • i t t T1WATMENT, CTOftAOft OK DWQBAi. 1TJD) FAOUTY ? ? ? c tf •> •: i

U« DOT US DOT tn S £PA UN QUANTITY 10 CONTAINERS EPA NAME HAZARD CLAM NOMBEB HAZ 3 CODE WASTE TV) NO TYPE O 7" 4 D A f

SPECIAL HANDLING IN*TRUCTION* IHCLUOINO CONTAINER EXEMPTION tlm. lOENTIPtCATION OP ADDITIONAL WASTES OP A NON- HAZAROOUtt NATUnC INCLUDED IN SHIPMENT WHICH DO NOT HAVE TO BE MANIFESTED* .

QENEOATOR-S CE^TIPICATION. Thi« I* to Cartity tfwc tt» atma-namari imiarMs arrprapnfy dartf*d. ctocrib«l. pKkagad. markadarc.B.Kfl«t «Kt ara in propar condition for umifartxtion teooaOng to ttw applicabla rafulariom of-tfaa Oapartmant of Tianaporcatlon. U S EPA. and tht Stata, ribad rixw* wanr oomlgnad to tha nanaportar namacU Th» TSO Faculty can and wW acetpt th* itilprrMnt of hazardout vtmtm. and hav • m partnit to do M. 1 oart-fv that A* facaajoin^ * tnia and oorraet to ttw baat of my kiwwlaclg*. AUM«. OATESHIWEP FXP€C?€D ARRIVAL DATE • KV 7 TH // OAV* " DATt TRANSKM1TEMNO 1 SKa*ATU' « AftM CERT*JCATlO t OF Na i H.W.T. PA fj i^l r T< A* ID (LkanM t No. —NUMBER COfY3

£ PAHT B: a. TRANSPORTER NO 1 SIGNATURE AND CERTIFICATION OF DELIVERY AND NON-TAMPERING WITH SHIPMENT DATE OELIVE BED ia MONTH 0*" •€• S r- DATE RECEIVED TSANSIPORTER NO 2 SIGNATURE ANP CERTIFICATION {TRANSPORTER _ . O Of RECE1PT Of SHIPMENT |NO 2 HW,T. PA •— 1 1 1 1 1 MONTH DAY *!** [lO (LkM-*> Mo. NUMBER TRANSPORTER NO Z SIGNATURE AND CERTIFICATION Of DELIVERY AND NON TAMPERING WITH SHIPMENT OATE DELIVERED

MONTH OAV *E TREATMENT STORAGE O* DISPOSAL FAOUTV INDICATION OF ANY DIFFERENCES BETWEEN MANIFEST AND SHIPMENT OR LISTING HANOLIN OF REASONS FOR AMD DISPOSITION OF RCJECTED MATERIALS M6THOC

t 1 2

3 I

1 1 1 1 1 1 .J EXPECT10 DISPOSAL OATE ———— OATE MCOBvtiJ'WEjec;: T*O FACILITY SIGNATURE AND CERTIFICATION OP RECEIPT OP TITLE SHIPMENT MONTH OAT *( lit IMB mt ^"^"^Jj^^^^j^^ ;UMCNTNO.PA A5158845

1 0 » E FILLE D OU T fl Y | | TS D FACIUT Y **'*°" ——————— fl}mi!77f 7 •-— — : —— - - " ' ltit-«a C»h<— —Bi . «L. W -'^as'TO^HV- -j, vrmpkomjMa. . -gST^tSSKii^^fe---

»*«T Cl.CVC.fTM AVCMVC AMO VAbbCY MOAO. OOATCBVIC4.C. M. IMM^ __,. . ._^..'1*,. '. PMdNCS-'tMlEflS • r ~:- "" '*'_i " AliM ShtnttA nOrr W«ft Mft.n Str-Mt .... "" * ' "" Routt 322 Hor-*y Brook, Pennsylvania 19344 L J

PURCHASE ORDER No. MANIFEST NO. nHftl^^^^lttS^*-*l^EMB ' TICKET NO. XJUrCJitVWAr **^"*"™*"^'.1^^^' _— ' '™^*^Bl'l5r 2 5$-_tt1oit -TUB* of lAtteftrlal Wtf.tlVfVil.ta.tf.iftfftl*.. ••^. jKm£t

**• • ''^Ji r tlf "^ v /V"

i / TERMS: NET 10 DAYS - SERVICE BHAROC OF 1 tt% FCH MONTH WIU. •£ AOOCD TO ALL PAST OUC ACCOUNTS*1 . -H ~ •

0 J PART B: i i TRANSPORTER NO i SIGNATURE AND CERTIFICATION OF OELIVERV AND MOW TAMPERING WITH SHIPMENT OATE OELIVERCO —

TREATMENT STORAGE OR DISPOSAL FACILITY INDICATION OF ANY DIFFERENCES BETWEEN MANIFEST AND SHIPMENT OR LISTING OF REASONS FOR AND DISPOSITION OF REJECTED MATERIALS M«T°H1OC

> 1 "" 0 II 2 ' ' as _....._ _. ———————————————— ^^ ^EEEy GENERATOR'S EPA 1.0. NO. 1 \\\\H i i i i i i i EXPECTED DISPOSAL DATE ——————————————— - ^^•S TSO FACILITY SIGNATURE AND CERTIFICATION OP RECEIPT OP TITLE ^"^Fj SHIPMENT —— •-—— — "- :<>———— — • .- "* MONTH OA» »( I In G«M of *n WTMrgvncv or toitl lnwn«diacat y call tna National 1 flnooriM C«nt«r (8001 424-M02 «nd ttia PA OEft <717» 7*7-4343 DOCUMENT NO. PA A 122555

COPV 3 ft R 0 Li 1778 (21S)^OQ.^S90 OFFICE DELAWARE CONTAINER CO., INC. W. 11th AVE. & VALLEY RO. COATESVILLE, PA. 19320 CHEMICAL WASTE REMOVAL SERVICE FUEL EXTENDERS -•-- . « . , , STHEL DRUMS - •' loi'14

TO s^~*—<. &"->' —J s**r+f s^J*+S*_ —' X"" 'Xx^>-~ 1 I

DRIVER TRACTOR TRAILER

MANIF^EST NO. P.O. NO.

TIME OUT

TIME IN TIMEOUT TIME IN

AROUI7T9 rNNSYLVANIA

- PART*. ^ WARE' _— HAZARDOUS WASTE MANIFEST oc JMENTNO.F»^A r"\) 14. 9 .1 9 - S1 v J5 O • I NAME SITE ADDRESS ^•••-M PHONE NO E PA ID. NO i ICENCRAron . ••^M)^ ii . - * ., .J,../^ ' , t<, " "-"•"- jrOANSPORTER NO 1 *••<*• ••BP^ai 1 1 1-1L 1 1 1 l 1 1 1 0 • -.: , ' NO^IFANV. 1 '• " i. ~ ^•^t^^ 1 t t' ->i *• ^ — - '*? ^ " = Z ,-X^,/V'CV "C b UJ 2 3 •*tf* - 3

4

SPECIAL HANDLING INSTRUCTIONS INCLUDING CONTAINER EXEMPTION (i.e. IDENTIFICATION OF ADDITIONAL WASTES OF A NON- HAZARDOUS NATURE INCLUDED IN SHIPMENT WHICH OO NOT HAVE TO BE MANIFESTED)

^GENERATOR'S CERTIFICATION. This if to certify that the above-named materials are property classified, described; packagwi, marfctd and labelled and are m proper condition for transportation according no the applicable regulations of the Department of Transportation, U S EPA, and the State The T& wastes described above were consigned to the transporter named. The TSD facility can and will accept the shipment o* hazardous waste and has 3 valid permit to do so. 1 certify that tne foregoing t* true and correct to tha best of my knowledge. GENERATOR S SIGNATURE TITLE OATE SHIPPED EXPECTED ARRIVAL OATF ^— • .^^~ *- DATE RECEIVED TRANSPORTER'RECEIPT DE-SHIPMENS ^SIGNATURT E AWCEHTlflCiriOjr f- N OF TRANSPORTER NO. 1 H.WT. PA .^L. 7 '7^1 1 11 S* ' .-* •-•-•' •-*'- ,_'• -__ ~ - ". "•'. ID (License 1 No. NUMBER COPY 3 Qenarator - Retained By Generator. ANO ^ON TAVP,R.NG wirn SH.PMENT

SIGNATUM AND CERT.. .CAPON TRANSPORTER SHIPMENT H WT ID (Lic«n«*t No.

. OF REASONS FOB AND DISPOSITION

mSPOSAL OATI GENERATOR'S EPA I.D- NO. -————————__———„——.—————————————— 1 TITLE FACILITY SIGNATURE AND CERTIFICATE Of flCCEtPT OP SHIPMENT

., ———— ^g ———— •*' DOCUMENT NO-PA A 122555 INTER-OFFICE MEMO.

TO FROM SUBJECT - l4a^.,A^.w<^zr

"4 -^

a R o i j 17 8 Saturday September

flROOI782 STATEMENT REMITTANCE ADV! PLEASE RETURN TK1S.PQF ----- WITH YOUR P/j^HNl

ACCOUNT HO. ACCOUNT NAMK WFST MftIN r = ,--, j.:c i.i«Vi .' ^. " ' *""-''" * '" "" ; •„• "DO •.. 1TATIMKNT OATt STATKMCNT OATC ACC' 1 1 ,"*$; ?•• 1 ' . • * ' . 9 f\ -

„,„.„. M.MO «.««« ««MO .. , 0*^OI«COUNT At-l-OWKP -C-KINAHCK CHaaag______INDIVIDUAL INVOICES PAIC OATC COO* RCFKftXNCCS ' CHAKOCS CREDITS •ALANCC RIPCItCNCC cooej AMOUNT 6, 17*. W:

PLEASE PAY 6, i7'3. TOTAL 6, -

\

EXHIBIT c

----. 3 'ffO-0 s "7*8 3 -nriawar» . i Cantaina« . , r Co-f» ,I finc . CHlMICALWAmTt HCWDVAL

W«BT KUIVCMTM AVCNU-t AMO VAlkCV AQAO. .NVO.CE N9 16306

,' -'• - Alien Sherman Hoff ' : Route 322 - West Main Street Honey Brook, PA 19344 4026 October 10, 1984

L. J

PURCHASE ORDER NO. MANIFEST NO. PAB00070501 TICKET NO. 49205

MB 86 drums of hazardous waste solid 3 $70.00 per drum $6020.00 lab fee 50.00 transportation 1.00.00 Total $6170.00

TERMS: NCTia DAYS SERVICE CHARflE OF 1 fc% PCH MONTH WILL «E ADDED TO AUL PAST DUE ACCDUNTB

AR00178U Tnritar* t^VAocc>< An** Tifiw:

O*p«rtura Tknt SbwtAddrwa:

Hutar

noratoisoT us DOT \M B* OCC HAZMDQXC 3 «WmTY CWTMtBB WZ WASTE TTP£ UBEOHL1 W TY«E fa? x

.. V...C & N? iL*,..:vc-^

OCC ua* onty Invoic* To:

FadWy 9fn*tura: —————————

Ot-K ^W1 ^

- \ - ." . . _,., - ' ; .

4ROui785 i..*»m^'igr-*

flheHiiiif ffofte ffftj^if MfcuM. Ateaarf flhaa, «•»

IS. 9p-eMt«Md.nf fciawicitoia

iff. QCNBUTOW* CSTTWCATIOft: I harabr JMI»ii «M tf» aMMMTof •!•••»• 4. pad U-—flBDBCVD -^*a__^XJ^W ^Ba^M^i^d^^^^vmfnBOWVJi ^^tww^ mt^^^^mvmon^w «^_^_^_B«^_^_^B-*^wvnvnwiiiB^i r ^, - JA -/*•£ . T~ CHEMICAL JVASTE "EMOVAL SERVICE V Deiauare Cuntainer Co., Inc. STEEL ORUMS_

October 9, 1984

Allen-Sherman Hoff Rt. 322, West Main Street Honey Brook. PA 19344 O1'"' t ' -34 Attn: Joe Klazas HONttBrtUuiV PLANT RE: Letter of acceptance as per Generator: same PA Regulation 75.262 (D) : Quotation Dear Joe: Delaware Container Co. / Inc. is pleased to inform you that our facility is permitted/ capable/ has the capacity and is willing to accept the waste stream(s) listed below that were submitted to us for evaluation. .Tour material has been assigned a specific reference (RF) number which should appear on all correspondence pertaining to this waste.

DISPOSAL TRANS. LAB RF DESCRIPTION CONTAINER PRtCE PRICE FEE 3294 Fly-Ash, Bottom drum $70.00/dr $100.007 $50.OO/ Ash, HgO, Glass, load load Carbon DQ06, D008

SPF.OTAtf, TNSTRUCTIONS: REFERENCE NUMBER MUST APPEAR ON EACH MANIFEST AND IN STENCIL ON TOP OF EACH DRUM. Prices are firm through December 31, 1984. Contact Mr. Mike Canale/ our dispatcher, at (215) 383-6600 to arrange shipment scheduling.

ANALYTICAL REQUIREMENTS: Within thirty (30) days after the anniversary date of this acceptance letter and every year thereafter/ Allen-Sherman Hoff shall resample and analyze the waste streams having the following RF number (s) : 3294. A copy of the. analysis and a sample, if requested/ shall be supplied to Delaware Container Co./ Inc.

AROOI787 ______I Allen-Sherman Hoff October 9, 1984 Mr". J"oe Klazas Page 2

Delaware Container Co. / Inc. further reserves the right to request resampling and analysis at more frequent intervals as deemed necessary to assure the waste composition has not changed significantly. Process design modifications/ feedstock changes/ increases in the amount of waste generated/ etc./ should be reported to Delaware Container Co./ Inc. immediatedly. Delaware Container Co./ Inc. laboratory personnel will then determine whether additional sampling and analysis should be conducted. Delaware Container Co./ Inc. appreciates the opportunity to serve your disposal requirements. "Sincerely/ DELAWAR~

SR'OUi788 HAZARDOUS WASTE PENNSYLVANIA AND FEDERAL LAWS PROHIBIT IMPROPER DISPOSAL IF FOUND, CONTACT THE NEAREST POLICE, PUBLIC SAFETY AUTHORITY, THE U.S. EPA AT 215-597-9898. OR THE PA DEPARTMENT OF ENVIRONMENTAL RESOURCES AT 717-787-4343. IF FOUND WtTHIN THE COMMONWEALTH OF PENNSYLVANIA PflOPSH O.O.T. i ^ .-N. - SHIPPINGMAUE U-n.»UM4tN<

STATE PJk ZIP EPA

ACCUMULATION >//-** MANIFEST START n*rHANDLe *r//*_____E WIT_ DOCUMENH CARET NO.J ! CONTAINS HAZARDOUS OR TOXIC WASTES STYLE WM*«w

® UKLMASTGH. CMCMIO. K.

AROU1789 CALLAND T CLEMENTS _..'. ™~'~ •"""" AND ' - ^ .... ~7C^)\ A T\I T R UNDSAY R HOWARD •£——V_X______J V 11 N 1 1 X . ... .- . _ _ __ AtwmcAccomevy «M I_.Ln™ *• PROFESSIONAL CORPORATION ...... " . _.„ .___._.._ _1VL.._ ._.„.'_. .... ,(412)594-5444

January 9,1998

Cynthia Nadolski Sr. Assistant Regional Counsel United States Environmental Protection Agency Region III __ ___ 841 Chestnut Building Philadelphia, PA 19107-4431

RE: Welsh Road/Barkman Landfill Superfund Site

Dear Cynthia: .. - _.—— ,.__ .-...:.

As you know, on September 30, 1997, the United States Environmental Protection Agency ("USEPA") issued notice letters pursuant to Section 122(e) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") to several parties, including my client, Ecolaire Incorporated ("Ecolaire") relative to the captioned matter. Shortly after receiving this notice letter, I contacted you and explained that in order to make a determination about whether to participate in making a Good Faith Offer, my client would need to be provided with any and all nexus information the government had that allegedly linked _EcoIaire to the Site. During our discussions, you indicated that you would provide me with this nexus information within a week or so. Subsequently, USEPA extended the deadline for submitting a Good Faith Offer to January 28, 1998 so that the parties would have the ability to evaluate the nexus information available, and to make reasoned judgments on that basis. On December 5, 1997, ^followed up with a call to you to determine the status of this matter, and you indicated that this nexus information would be provided to the parties sometime in the week of December 12, 1997.

It has been over one month since you and I last spoke about being provided with this nexus information, and to date, we have not received any information. By this letter. I would like to reiterate my concern that without being provided with this information on a timely basis, it will be virtually impossible to meaningfully respond to USEPA's notice letter. I understand that several third party defendants in the pending litigation with Mr. Barkman are currently awaiting discovery responses from the government and believe that without that information they similarly are unable to meaningfully respond to USEPA's inquiries. In. light of these outstanding issues, it would seem that a January 28, 1998 deadline for USEPA's §122 notice letter is unrealistic.

790 Cynthia Nadolski January 9,1998 Page 2

I look forward to receiving the government's nexus information shortly: Please give me a call if you would like to discuss this matter in greater detail.

Sincerely,

/hs

a R 0 u I 7 9 BABST CALLAND CLEMENTS -AND

ZOMNIR . _ . ,. ___ . _ , - - - _ .,.—-,- - .___ Attorney at Law PROF E WON M. CORrORATION """ " " .... " ' ' -.~~'— ^—-—.-~-~'~~--~~-T~ {^12) 394-5444

41849020,75 • January 27, 1998 VIA FEDERAL EXPRESS .., _ _._,,,

Frank Klanchar (3HW22) United States Environmental Protection Agency Region III . f ...... 841 Chestnut Building Philadelphia, PA 1 9 1 07-443 1 "

RE: Welsh Road/Barkman Landfill Superftmd Site

Dear Mr. Klanchar:

On September 30, 1997, the United States Environmental Protection Agency ("USEPA") issued notice letters pursuant to Section 122(e) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C, §§ 9601 it seq., to several parties, including Ecolaire Incorporated ("Ecolaire") relative to the Welsh Road/Barkman Landfill Superfund Site in Honey Brook, Chester County, Pennsylvania (the "Site"). Based upon its apparent belief that Ecolaire may be a potentially responsible party ("PRP") at this Site. USEPA invited Ecolaire, either alone or as a member of a larger group of PRPs, to submit a "good faith proposal" to fund or perform certain remedial steps at the captioned Site. On this same basis. US EPA requested that Ecolaire, either alone or as a member of a group of PRPs, indicate a willingness and ability to reimburse USEPA for certain past and future costs that allegedly have been incurred in connection with the Site. . - '..,: " "" "-"-'- - . " - . :.." ^~i.":" . - - - . .

In 1 99 K Ecolaire received a request for information from USEPA under § 1 04(e) of CERCLA regarding the captioned Site. After conducting its own internal investigation, Ecolaire responded to this information request, indicating, inter alia, that Ecolaire's Allen-Sherman-Hoff division" had a contractual relationship with Mr. Barkman (or related entities) for the collection and appropriate.disposal of general "yard trash" from its Honey Brook, Pennsylvania facility. Ecolaire's investigation uncovered no information indicating that hazardous. .substances (or any other materials) were disposed of at the Site in question.

Shortly after receiving USEPA's September 30, 1997 notice letter, Ecohire contacted counsel for USEPA in an effort'to obtain .whatever information USEPA had thai led it to believe that

a R o u 1 7 9 2 Frank Klanchar January 27,1998 Page 2 . . _ ...... _

Ecolaire may be a PRP at the Site. Ecolaire explained that this nexus information was necessary so that it could make an independent judgment as to its potential liability at the Site, and, in turn, whether to participate in making a good faith proposal in the time period allotted. At that time, USEPA agreed to provide nexus information to Ecolaire by late November, 1997.

Subsequently, USEPA extended the deadline for submitting a good faith proposal to January 28, 1998 so that the parties would have the ability to evaluate the nexus information available, and to make reasoned judgments on that basis. Although USEPA extended this § 122(e) moratorium period, no nexus information was forthcoming from USEPA. Ecolaire's concerns about this delay were communicated in telephone calls between counsel, and finally in a letter from Ecolaire to USEPA's counsel dated January 9, 1998 (attached hereto as Exhibit A). In this letter, Ecoliare reiterated its concern that without being provided with adequate nexus information on a timely basis, it would be virtually impossible to meaningfully respond to USEPA's notice letter, and that in light of these delays, a January 28, 1998 deadline for USEPA's § 122(e) notice letter was unrealistic.

With only seven (7) days remaining in the § 122(e) moratorium period. Ecolaire's counsel received a fax from USEPA on January 21, 1998 that purports to be the Agency's best information linking Ecolaire to the Welsh Road Site. Unfortunately, because of USEPA's stated belief that most of its nexus information was exempt from disclosure "because it was compiled for taw enforcement purposes," Ecolaire was only provided with a one page, two-paragraph summary of the "evidence" that had been prepared by USEPA^s counsel. This summary, generally describes apparent statements made by unidentified persons about materials that may have been picked up at Ecolaire's facility. However, insufficient information was provided in this summary to adequately determine, for example, whether any materials -- even if picked up from Ecolaire's facility -were actually delivered to and/or disposed of at the Site in question. More critically, the identities of these alleged witnesses were not disclosed, making it impossible to evaluate the veracity of their statements or the accuracy of their recollections.

In Agency guidance documents, USEPA has acknowledged that the_ release of nexus information to PRPs '"can help achieve Agency goals of expediting cleanups, encouraging PRPs to undertake or finance cleanups, and avoiding unnecessary litigation." See e.g...'.'Releasing - Information to Potentially Responsible Parties at CERCLA.Sites" (page 1). Unfortunately, in light of the incomplete —and delayed ~ disclosure of purported nexus information regarding the Welsh Road Site, it is unlikely that USEPA's stated objectives can be achieved in this instance.

For the reasons set forth above, Ecolaire is not at thisume ablg to swbnii;,a good faith proposal as requested in USEPA's September 30. 1997 letter. However, to the extent that more complete information is provided to Ecolaire that would indicate some nexus to .the Site in. question. Ecolaire would be -willing to engage in further discussions with the Agency and or other PRPs.

AROU1793 Frank Klanchar January 27,1998 Page 3

Please do not hesitate to contact me if you have any questions.

Sincerely,

Enclosure cc: Cynthia Nadolski (w/Enclosure)

flROiil79U UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION Hi 841 Chestnut Building Philadelphia, Pennsylvania 19107-4431

January 28,1998

VIA OVERNIGHT DELIVERY

Patricia Shaw LeBoeuf, Lamb, Greene & MacRae 601 Grant Street Pittsburgh, PA 15219^.405

RE: Welsh Road Site

Dear Ms. Shaw:

In accordance with our conference call of January 27, 1998, enclosed you will find a copy of pertinent witness statements generated by EPA in connection with the above Site. Only information protected by the Privacy Act has been redacted. Also enclosed is a copy of the Responsiveness Summary to the Record of Decision for Operable Unit 1 for the Site, a cost report for the Site which summarizes EPA's costs through July 14,1997, and a copy of a draft Agreement Regarding Confidentiality of Information and Annexes (Confidentiality Agreement). The cost report is subject to the Confidentiality Agreement, the terms of which are still to be finalized. As we discussed, I have also started the process .. by which the documents which support EPA's past costs as summarized in the COST report can be made available for review by the parties who have received Special Notice from EPA. This included drafting the Confidentiality Agreement by which the parties agree that certain business information will be treated as confidential prior to the release of the cost documentation.

You and Tom Gottshall also requested that the time by which the parties must respond to EPA's Special Notice be extended by two weeks from the date that you receive the enclosed documents. As I stated earlier, the Region cannot grant any further extensions to the Special Notice period. However, experience shows that it will take the Region more than two weeks to proceed after the Special Notice period expires whether the Region decides to proceed by issuing unilateral administrative orders or by applying for and receiving the necessary funds to proceed as a fund lead Site.

Customer Service Hotline: 1-800-438-2474 AROul795 Patricia Shaw Page 2 January 28,1998

If you have any questions regarding any of the enclosed, documents, please feel free to call me at (215)566-2673. ^-:"^ , _ \^" ^rH^r^-'_

Cynthia J. Nadolski Sr. Assistant Regional Counsel

Keir Dougall, Esq. Thomas Griffin, m, Esq. Christopher Luning, Esq. Woel B lilts, Esq. Bradford Whitman, Esq. • Lindsay Howard, Esq. Christopher Dunsky, Esq. Thomas Gottshall, Esq. Thomas Haines, Esq. Andy Levine, Esq.

flROGi796 BABST CLEMENTCALLANDS "I.1NPSAYP. ZOMNIR Aitiwney at L>« .•U2/394-5444 cor.roa.vrCN

March 25, 1998

Cynthia Nadolski Sr. Assistant Regional Counsel United States Environmental Protection Agency Region II! 841 Chestnut Building Philadelphia, PA 19107-4431

Welsh Road Landfill

Dear Cynthia:

Thank you for recently providing me with copies of the several witness statements generated on behalf of the United States Environmental Protection Agency ("USEPA") in connection with the above-captioned Site, We have now had the opportunity to review these statements as they relate to Ecolaire's Allen-Sherman-Hoff facility in Honey Brook, Pennsylvania (the "Ecolaire facility"). After reviewing these statements, Ecolaire continues to believe that there is insufficient information to demonstrate a nexus between the Ecolaire facility and the Welsh Road Landfill.

In reviewing the several statements that USEPA's contractor solicited, it is apparent that most drivers who were interviewed provided no basis for considering Ecolaire a potentially responsible party ("PRP") for the Welsh Road Site. In particular, nearly every driver interviewed indicated that only general yard trash (e.g., wooden skids, cardboard and plant trash) was picked up b> Mr, Barkman's disposal company, and that these wastes were delivered to the local county landfill (i,L\, the Lanchester County Landfill). See e.g., Statements of William Deihni, George Turner and David Anderson. Notably, the Lanchester County Landfill was less than a mile and a half away from the Ecolaire facility. These statements are consistent with the information that was provided to USEPA in Ecolaire's Response to USEPA's §104(e) Request for Information dated July 26, 1991 r§104(e) Response"). > Two other Barkman drivers have made statements that are inconsistent with the weight of the evidence described above. For the reasons set forth below, it appears that these statements by Messrs. Klemmer and Good are unsubstantiated and are lacking in credibility.

3ROUI797 Cynthia Nadolski March 25, 1998 Page 2

First, as noted in Ecolaire's §104(e) Response, the operations conducted at Ecolaire's Honey Brook facility were in the nature_of warehousing and assembly in connection with the supply of Allen-Sherman-Hoff ash handling equipment and after-market parts. Contrary to the unsubstantiated statements of Messrs. Klemmer and Good, Ecolaire's Honey Brook facility was not a "pipe manufacturer" nor a "pipeline company."1 Further, the Ecolaire facility was located on Route 322, not on Route 10 in Honey.Broqk as siiggested.by^these^wo drivers. Accordingly, the only two statements that purportedly link the Ecolaire facility to the Welsh Road Landfill may in fact be a case, of mistaken identity prompted by USEPA's contractor. .

Second, neither the nature nor volume of the wastes described by these two drivers is consistent with the waste handling practices at the Ecolaire facility. For example, Mr. Klemmer apparently indicated that the waste stream for this "pipe manufacturer" consisted of a significant amount of metal scrap, metal threadings and shredding. However, as noted in Ecolaire's 1991 Response to USEPA's Request for Information, most wastes generated by Ecolaire's warehousing/assembly facility in Honey Bropkwere _in the natur^pf packing materials, not metallic wastes.. More importantly, to the extent that small volumes of metal scrap may occasionally have been generated, these materials reportedly would have been stockpiled at the facility and ultimately sold for value to local scrap metal dealers in the area.. Ecolaire was not in the practice of discarding valuable materials in the trash. .._.__.__.

Finally, as indicated in the invoices and purchase orders previously provided to USEPA by Ecolaire, the trash disposal services provided by Mr. Barkman's company involved the emptying of one (1) thirty-yard open top roll off bo'x on an 6h-call basis. This contemporaneous documentation is in contrast with the unsupported allegations by Mr. Klemmer that as many as three (3) four-yard open containers were removed from the "pipeline manufacturer" four times a week. Mr. Klemmer also indicates that his alleged collection of iiidustrial/^runirii^d_w£istes only occurred at night. The Ecolaire Honey Brook, facility operated only one shift per day.Jfrom 7:30 a.m. to 3:30 p.m. The Ecolaire Honey Brook facility was .closed at nights. These conflicts again suggest a possible mistake in "identity on the part of these drivers,

As noted above, most of the;jyaternem$ collected by .USJEPA's contractor are consistent with Ecolaire's previous understanding of the facts.,namely that general plant trash was picked up by Mr. Barkman*s company and delivered to the local county landfill. Because the statements of the other two drivers are in stark contradiction to contemporaneous documentation as well as statements from the majority oC Barkman" s drivers; the credibilityof theseju^dnyer^ outlying statements is highly

Lvjoljire n"ici ilia; noiiiicr ot'ihi:^ cnvsrs iiiticpendirml. identified uij AlL'ii-'Slu'rmar.-Ik'i: siiciliij. but instead, only mud,- rJur^iK^.t,' it aiwr I. SS £ PA'» ir.i«:r\ icwjTsiv^M5™- lLv-1 -^H wai 13 piptf nianut'aaurer in Hie an::1, indeed, n ii apparent from reviewing Mr, Good's staw:n«:nt ilut IK lias no personal kmnUeik:: ol'ilicsc altcatf J~p!cir-TrpiTrom "SSH7"tHi.'r:;b> iiJJin^ w tiii ;\ i^^ntiary infirmities of this sw '"" —"•—•"——'--"•

£iROCi798 Cynthia Nadolski March 25,1998 Page 3 suspect, —- ...... ' __

In light of the foregoing, there appears to be insufficient information to establish a supportable nexus between Ecolaire's Honey Brook facility and the Welsh Road Site. As a result, Ecolaire respectfully requests that USEPA remove it from its list of PRPs for the captioned site.

Please do not hesitate to contact me if you would like to discuss this matter in greater detail.

Sincerely,

LPH/hs

3ROUI799 CALLAND CLEMENTS L1NDSAY P. HOWARi \ ZOV1NIR Attorney at Law 412/394-5444 COW-ORATION - -..- . . ...-. ~ lhownrJehcc:.com

October 26, 1998

CERTIFIED MAIL . . . __._„.:______RETURN RECEIPT REQUESTED. ...,„.. .._.__..,...... __ _-____^,_,, ,

Cynthia Nadolski Sr. Assistant Regional Counsel United States Environmental Protection Agency Regionlll . _..._...... " . . . '~ 841 Chestnut Building ------:.-.- Philadelphia, PA 19107-4431 " "" " ""' ------

RE: Welsh Road Landfill . _

Dear Cynthia: . "..._._r _". . "."." " ..." ~ .../.",... ." -.

This letter is in response _to_a recent undated letter from the Environmental Protection Agenc\ ("EPA") to Noel Birle regarding the above-captioned matter, which was received by the undersigned on October 16, 1998. In its letter, EPA provided an update regarding, the problems it has been experiencing with gaining access to the Welsh Road La_ndfill SjteJjEhe "Site"), and indicated its intentions of renewing negotiations, among certain parties'to "implement the selected remedy at the Site. EPA's letter requests that the .recipients of the letter communicate with you if they are willing to .submit a good faith offer and to^enter into negotiations regarding the implementation of the referenced remedial work. ....

As you know, by its letter datedjanuary 27.._L998!.E_cQ.lajre_.Incorporated ("Ecolaire") responded to EPA's September, 30, 1997 Special Notice Letter, indicating that Ecolaire did not have enough information regarding its alleged_ connection"to the Site to submit a good faith proposal to conduct or fund remedial actions at the Site. An additional copy of this January 23. 1998, letter is attached for your convenience as Attachment A. After.receivirlg'additional information from the government. Ecoiaire wrote to_you on ..March 25. 199S..'explaimng its position thai insufficient information existed to demonstrate a link between Ecolaire "s" Honey Brook facility and the Welsh Road Landfill. An additional copy of this March 25, 1998, letter is attached for your convenience as Attachment B. Havins received no further information from"EPA that would alter Ecolaire's

9ROU 1.8013 Cynthia Nadolski October 26, 1998 Page 2 position in this regard, Ecolaire reiterates its request that EPA remove Ecolaire from its list of PRPs at the Site, As Ecolaire has indicated before, to the extent that some credible information is provided to Ecolaire that would indicate some nexus to the S.ite in question, Ecolaire would be willing to engage in further discussions with EPA and/or other PRPs about future steps at the Site.

Please do not hesitate to contact me if you have any questions. fincerely, /I\ '. Howard \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY £ REGION HI ? 1650 Arch Street PRCS&P Philadelphia, Pennsylvania 19103-2029

May 11,1999 VIA FEDERAL EXPRESS ;: _ ;- _^\:::^:_

Joseph O'Dea ...—. :.--.:. --/:::_-——_:—_--,- Saul, Ewing, Remick & Saul Centre Square West 1500 Market Street, 38th Floor Philadelphia, PA 19102-2186

Re: Welsh Road Site

Dear Mr. O'Dea: "_._-" " -

I am writing to follow up on our meeting of April 20, 1999, regarding the above Site. At that meeting, one of the representatives of the Unilateral Administrative Order ("UAO") recipients asked whether or not EPA had continued its efforts to locate additional Potentially Responsible Parties. At that time I informed the group that I did not think any additional interviews had been performed but that I would verify that information. As I indicated in our phone conversation of this morning, I located some additional interview summaries IsKe last week. I have redacted the privacy act information and am forwarding a copy of the interview summaries to all of the UAO recipients. Some of the parties may also receive a copy of the interview summaries in response to Freedom of Information Act requests but I am sending a copy to everyone to ensure that all the appropriate parties get a copy.

Sincerely,

Cyfcthia J. Nadolski Sr. Assistant Regional Counsel

Enclosure

cc: Patricia Shaw Noel Birle Thomas Griffin, III Lindsay Howard ... Christopher Dunsky Paul Boni Thomas Haines Francis Clark A R o u 18 o 2 • " ::'n^^ir^nz~zizCustomer Service Hotline: 1-800-438-247:4 CALLAND CLEMENTS 'A!

April 30} 1999

VIA FACSIMILE

Cynthia Nadolski Sr. Assistant Regional Counsel United States Environmental Protection Agency 1650 Arch Street Philadelphia, PA 19103

RE:1 Welsh Road Landfill

Dear Cynthia;

In <*annection with our discussion earlier today, I am providing you with a few of the relevant pages from Mr. Good's deposition testimony. Although Ecolaire is not mentioned by name, I believe that Mr. Dougall's inquiry into "a plant right across fromjhe Neoplan store" is his effort to gather information regarding Ecolaire. As you can see, Mr. Good indicates that he did not haul drums from the facility in question.

I look forward to speaking with you as soon as possible to further discuss this matter.

Siricerelv,

LPH/hs

rr.rur.'h- fVfn-'.ivar.i.i 15221 Ji; . VH-^J" — K,, 4C W65T6 {J R 0 0 I 8D 3 In The Matter Of:

United States of America v. Ernest Barkman, et al

Samuel Good May 4, 1998

Farrell Court Reporting 3223 Polk Road Norristown, PA 19403 (610) 584-8787

Original File sgQ50498, 70 Pages Min-U-Script® File ID: 1767009740

Word Index included with this Min-U-Script® -United States.of America v. Samuel Good Ernest Barkman. et al______- May 4t 1998 (4\ Q: Who were you talking to? it smelted izj like. Page 36 (5i A: Come on, now you're talking 131 Q: Do you have any idea what it might 1970s, I don't know [6] who I talked to. HI know, and I - I cut a lot of th have been? myself, even made a [2| big fire I?) Q: Were these the people that were [4] A: No.All I can say to you is/if you ever you know what I mean. investigating the (si ground water? Do saw [si linoleum glue, like they call then £31 Q: Yes, okay. you knowif they were working forthe wi monkey glue, I think, 161 or bulldog glut EPA? Hi Did you haul any drums, you per- that goes under linoleum, it was thick [? sonally is] haul any drums for Ernie? ".'.' [ioi A: I think so. like that and the color of that. You car Wl A: Just from Schick. [ill Q:Okay. buy it from [&i anybody and put it undcr- you know, to keep linoleum [?i down [7] Q: From Schick; okay. ____ [i2i A: Because that's the only way 1 when you put new linoleum down, that' [8] A: Like I explained to you earlier, the would Vc found out, iui you understand what it no] looked like.but thatain't what what I mean? 18 drums that [9] came out of Schick. But it was. later I was told after-you no) know.sec.I (i.l Q: Okay. [ii] Q:Okay. turned that stuff in, too, but I don't [in [is] A: I couldn't afford to have it tested. [i2i A: I couldn't tell you what it was. remember to who anymore, and Ernie" Ii6l Q: Now, how long was it from the told me that it was H2] machinist oil. And U31 Q: Do you know if Ernie was in the then I was told, well, machinist bit, (131 it time you said that t m you saw chemicals business - did |t4] Ernie have any tank being dumped until you were told that trucks? was for cleaning down the machines [is] the water was okay? Was it around after they made the [HI product and if it the same time, was a?! it - [15| A: Oh, yes. was contaminated with asbestos, the (isi [20] A: Now you got to understand, when [16] Q: He had tankers? machines, well, it's in the machinist oil, the chemicals 1211 dumped, that brown H7] A: Always. when you [i6] wash-because that's what they use to wash the machines [i?i off sludge is the only stuff I know that [221 UB1 Q: How many tankers did he have? was dumped that killed everything - with. That was the stuff they claimed H9! A: At any given-at any given time, he that I hauled [is] that day. -—. 1231 Q: Right. had a tanker [203 all the time. [i9! Q: Was that the only time you ever 134] A:-I didnot havca wciUhcn. [2ii Q: He had a tanker full time; okay. hauled drums for 1201 Ernie? Page 33 (22] A: Oh, yeah, he always had them. [211 A: Yeah, yeah. HI Q: Okay [23] Q: What did he use them for? - [22] Q: Okay. [2] A:SoIwasn't-youknow,Iwasn'ttold [241 A: He had one he used for - he uscc [231 A: Yeah. nothing t3j about no water because I to get human didn't have a well to be told. [2..I Q: Didyoueverdisposcofan for Ernie? Hi Q: Doyouknowapproximatelywhen Page 3J that was? tn waste out of septic tanks. I did that Paoa 37 already, too, went tzi and pumped them [i] A: Nope. ($1 MR. DOUGALUObjcction, vague. out. They were dumped up on the When what ,6] was? dump, all [3! the trash, you know, and '121 Q: Did you ever take any drums to [7] BY MR. CLARK: buried with the trash right [4] there. Mountain Top? ' [81 Q: When you observed the brown [3! A: Oh, I've taken drums to the Moun- I5i Q: Right in back of yourpropeny? tain Top. sludge you say that 191 was dumped on [6] A: Right in back of the property. the property? 14] Q: What- MO] A: My best guess, between '75 and [7j Q:Okay. 15] A: If that's what you're asking me._ '80. - - = —- (si A: He had his diescl tanker. I used to l i^A^lie'^.t^len^d^b;,^.... . ;-otf&c.^&&&tf&a$^$fa'*^L^^^^^^^^^ou^^.1 *

-r- __ _' »* j*~ ' ' "" ^ *^"h '. ** 1-. f* *•-*-*» I I *^ <"-4-* ————* Y^ ^* ——. ——* -** * *»**» United States of America v. Samuel Good Ernest Bar km an, et al____ May 4, I99S isi A: Yeah, saying there wasn't stuff on the [9] the back (?i end. 191 Q: Sir,did you ever see gasoline being ground from crushing cars and stuff. I la] A: That's the hill. dumped on the tioj ground at Mr. Bar- mean, we lost gas not out of the tanks, kman's property when you were re- motor oil out of the motors, iui trans- 191 Q: I believe that's correct. claiming [it] or crushing cars? mission fluid when you pick,thc motor (ioi A:Okay,thcnyougottofigur! [12] A: Oh,you do lose some because we up by the - 112] the pan in the front, tanker n u backing in and he had a had like a band [isi cutter because the transmission would be still [131 attached on it,I'd say-1 don't tut know if he hadr tanks arc strapped on and you got to (i4j to it in the back without the drive shaft hose on it.that's what I'm saying.and 11; cut straps and then the tank would drop on it, [MI transmission fluid would come anybody backing up to the edge of tha and you'd lose a [is] certainamountof gas . out, you see what I'm us] saying, as you hill with a big [i4i tanker that close i: because you let it drop to theti6] ground. took it from the ground to the crustier, risking the back end of it dropping n* Because a lot of them were full and then and [ 16] that's how - you know, but back down,youknowing.thc hill giving awa> we'd ini pick them up.sloshit.slosh it on then a lot of it - it [i7| wasn't against the so I'm going tO'(i«] say maybe it had : thewaytothedrumiisiandpouritinthc law. hose and I'd say the hose tanker wouk 118| Q: Did you ever- - (i7| stop about here, say about six. cigh drum. And, sec, that dead gas in the [191 fcetfromthcendof(.8iit,hoscwouidg< wintertime, we'd pour that by the buck- 1191 A: But he kept doing it even when it down here, right over the hill. I'd say u< ets full into an 120] open barrel-That stuff was against the [201 law,you know.or we like that, let's put it that way.and there't burned like coaloil.lt didn't 1211 explode, kept doing it. be - I'm [20i going to guess it was a hose nothing like that.burned nice.We could [2ii Q- Did you ever sec drums being because if I was driving a [2ij tanker, l\ warm [221 our hands, you know, be done. crushed on the site [221 at the landfill? never back exactly up to that hill with. 1231 Butas far as being dumped like onthc (231 A: I saw brand new empty dicsel gas (22i short thing on the back of my truck. [24] ground, Ernie wouldn't permit that tanks being 124) crushed. I saw drums mean, it's going (231 to shoot out - a: because we smoked and______being crushed, but they had nothing right.forget the hose, just figuring i24i thi Paga 56 pressure itself shooting that out wouK Paga 56 have cleared HI if we got that stuff on fire, it would HI in them, they were empty drums, burn tires and [2] trucksand stuff like that flattened out to be [2] junked, if that's Page 6 sono.Asfarashimdumping(3lgasorany what you mean. You mcarfa full one [31 [tl that hill preny good. of us dumping gas.notto my knowledge, 121 I'll say eightfeetfromthecndof than we [4j burned that stuff. like? Hi Q: Yes. full drum. hill, it would have ran just so, like you'r 151 Billy Dean hadastove that would burn peeing, you HI understand what I r (61 transmission fluid,motoroil.gas,and I 15] A: No, You'd slop that machincup so saying? That's the best'way I can ; thought that m still was amasung, that it badand cause a [6i fire.Youknow what a explain it. But I never saw it hap_ could burn, you know, this kind tsi of crusher costs? You're talking a m half a guessing w that - I know abou' stuff.Mayb e that's what they did with it.1 million bucks, at least, if you're lucky to and how they work, so that's ni '&?£, don't [91 know. get it tai for rwo, 300,000. He had two of guessing, that if he didn't use a hose t t to] I know he used to recycle oil, Mr. [ 11]them and he got those wi because they throw IB] down right ovcrthc edge ofih Barkman, he used to put the oil in the were rcpocd and, no, he wouldn't do hill, he just opened the (91 valve rig- tankers,in a [121 tank-where he had an anything uoi to damage his crushers, there at the end of the trailcrand just lc old oil tanker and then take it to ujj the they broughtintoomuchmoney.nl] So, I ioi it fly. And that - I - I'm thinking th. re cycle where they made the old oil into you know.no.no,no chemicals wouldbe way because it tin was so wide.lt was ncwoiI,Iiu]knowheusedtodothat.But crushed in his [121 ponable crushers.no. free flow like that. You know what t: as far as the gas. we just [isi put that into II've never seen it anyway and I've [131 I'm saying? Not like it had a hose th: drums and store them in trucks and I been there for 20 years back a ways would just drop (131 it over the hill. burned a (ifii lot of it, you know, before I quit him, iui so... wouldn't'have been from the top of 11 U7| Q:Thc oil that he recycled, do you 115) Q: One or two other questions, this the hill - you know, when you're o n tc know where he got [iai that from? spill area that (i«i you marked as A here - of the hill a (i5i little bit and out like,th CO that there was a hose,so I \i6\ figured U9I A: Out of the cars. (171 A: Yeah. was just opcnthc valve and let her np,: 1201 Q: Out of the cars? [is] Q:-didthespillalsocoverpanofMr. n?] that's the best way I can explain t: • [3il A:Outof thcjunkcars.rninotsaying Barkman's 1191 property as well? you. a lot of (22] that stuff didn't hit the ground. (2oi A: It ran down off the top of the lia] Q: And this area marked A is T.T.C I'd be lying to you if nsi I did.Bccause a property down the 121] side of his hill, lot of times we didn't cut the - you 1241 which was his dump. 120] A: Absolutcly.Absolutely. know, when you have to roll a car ovcr- (22] Q: Okay. Can you maybe draw a line on its side and cut______closing the loop 1231 there to show where 121] MR. DOUGALL:That's all! [22| BY MR. CLARK: Rage 57 on the property it started? I u the motorout,there-motoroil would [24] A: Now.youwantto call this the drop [231 Q: You testified that there come out the spout 121 and stuff like that off pan of______cans or sulfur (2*1 buckets - and it would be all over - you know, BI Page 59 out on the ground. And then cover it up UI the hill? ID A: They would - with stone. You tfl don't want to get it up- - if it's too bad. just put stone (51 overtop 121 Q: Whatever you prefer, sir. Was that (2i Q: - were burned? of it, never know it was there, stone or the drop off ai part? [31 A:Theywouldbeinthissc din. HI A: I got to know the back end of the (Indicating.) (611 mean.he had the equipment to do it property. Is isi this the back end of his Q: That was way-that was back wh 17] .withfbull dozers and bucket-Joadea v j' ': ... •you^werc:-isi:allowed','to.burii tra andallthatklnd of «_stu£&so ' -hsfo^ '. ;./'".;•.;..*"" - O V- .,s..*,.. = _ -*. ,i:,:2._ • -.. ..vr • • -• - •*-*"-'-, •-- ••„ «, .;•• -. -- - • .. _ r__ __ ;.. •- FarrcUCourt^Repbrt-ng :: %0n-U-«cript«> * (12) Page 56-Page