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TO EXHIBITS (Continued) ^Y EXHIBIT DESCRIPTION IDENTIFIED ADMITTED C-6 Memo Dated 1/12/72 to 123 185 D 3 HINDEX TO EXHIBITS (Continued) ^y EXHIBIT DESCRIPTION IDENTIFIED ADMITTED C-6 Memo dated 1/12/72 to 123 185 D. J. Platt from J. N. Stein with attached Pollution Control Equipment Survey C-13 Five DER Bureau of Labor- 49 atories Special Analyses Reports C-25 Four-page "Safe Practice . 129 186 Data Sheet" for trichloroethylene C-34 Memo dated 1/3/84 to 132 ' 188 R. C. Williams from T. M. Kohn regarding hazardous waste information with 'attached documents C-59 Purchase Orders for 131 186^; trichloroethylene ^i C-121(a) Map of Westinghouse plant 22 72 site showing plant storm j drain and sanitary sewer systems C-121(b) Map of Plant Operations 80 184 Layout i || C-121(c) Map of Location of Potential 91 184 Source Areas ' FOR - WESTINGHOUSE D-l Report of Industrial Waste 165 189 Survey dated 7/24/73 and Repor••* • t- of^ Industria^ * • l« • Proces«* s Emissions Inventory (Stack Sampling) dated 10/9/73 . prepared by Buchart-Horn CAPITAL CITY REPORTING SERVICE BOX 11908 FEDERAL SQUARE STATION BR305S79 HARRISBURG, PA 17108 TELEPHONE (717) 533-2195 1 ^2 JUDGE FITZPATRICK: This is a civil 3 penalty complaint proceeding initiated on August 16, 4 1988, by the Department of Environmental Resources 5 against Westinghouse Electric Corporation. This 6 proceeding is docketed at EHB Docket No. 88-319-CP-F. | 7 In its complaint, DER seeks imposition 8 of a $9,081,336 civil penalty on Westinghouse for 9 alleged violations of the Clean Streams Law at 10 Westinghouse's elevator manufacturing plant in 11 Cumberland Township, Adams County.. 12 There is also an appeal which has been 13 consolidated with this civil penalty complaint proceeding, ^__J 14 This is an appeal by Westinghouse from a DER Order 15 requiring Westinghouse to resume operation of an air 16 stripping tower at the Adams County site. This appeal I 17 was docketed at 88-296-M and was originally assigned M , - | 18 to Board Member Robert Myers prior to the consolidation i 19 of the two cases. s 2' 20 I am Terrance J. Fitzpatrick, the Board j | 21 Member assigned to this proceeding. • 8: 22 A few preliminary matters before we a* ' ' . • - \ 23 begin. First of all, I note that in the civil penalty 24 complaint proceeding, Westinghouse filed preliminary 25 objections along with its Answer to the Complaint. SR305680 17 2 adequate discovery in those experts, I will not hear 3 their testimony this week of either of those experts. 4 We will hear it at some later date. 5 In the meantime, I would like the 6 Department and Westinghouse to see if they can agree i 7 on discovery procedures between the two hearings so 8 that you are both prepared to cross examine those 9 witnesses at a later hearing date. So, maybe by the 10 end of this week before we conclude the hearing, you 11 can work out an agreement for doing that by that time.. 12 MR. ARMSTRONG: Certainly. 13 JUDGE FITZPATRICK: All right. 14 MR. ARMSTRONG: And we have nothing 15 further. 16 JUDGE FITZPATRICK: Thank you. s 17 Ms. Young, are you prepared to call your ! 18 first witness? 19 MS. YOUNG: Yes. I would like to make 20 a brief opening statement, if I may? 21 JUDGE FITZPATRICK: Go ahead. 22 . MS. YOUNG: The Department, in support 23 of its civil penalty action, is prepared to present 24 evidence at this hearing which will demonstrate that 25 as a result of a pattern of negligent and sloppy handling HR3Q568I 18 ^J 1 2 of volatile organic compounds at the elevator plant, 3 that very high levels of these compounds ended up in 4 the groundwater and soils and .surface waters in and 5 around the Westinghouse facility. 6 We intend to call a number of people I 7 who have worked at that plant to testify regarding a various practices involving these chemicals. We intend 9 to call people from the Department who will testify 10 regarding the Department's investigation of this 11 situation, including some individuals who did a lot 12 of sampling of off-site residential wells where these 13 contaminants were discovered. ^ 14 We also intend to present evidence 15 regarding the toxicity of these chemicals and the impact 16 that it would have on the people drinking these i 17 chemicals . And we also intend to present evidence that I 18 there is no other potential source of this contamination I 19 in the vicinity of the plant site and that Westinghouse o 20 alone is responsible for this situation and has caused M* K 21 this situation. S r o u 22 So, today we are going to call an O tf * W 23 individual from the Department who first discovered 24 the situation, and then I am going to proceed to call 25 some Westinghouse employees to talk about practices at ^ fiR305682 19 1 2 the plant site. 3 JUDGE FITZPATRICK: All right. 4 MR. ARMSTRONG: Could I respond briefly? 5 JUDGE FITZPATRICK: Well -- 6 MR. ARMSTRONG: If not, that's fine. i 7 JUDGE FITZPATRICK: I think at the S beginning of your case, I will give you a chance to 9 make an opening statement, Mr. Armstrong. 10 MR. ARMSTRONG: Thank you. 11 . JUDGE FITZPATRICK: Call your first - 12 witness, Ms. Young. 13 MS. YOUNG: The Department calls Durand 14 Little. ^ 15 DURAND LITTLE, having been 16 duly sworn, was called as i 17 a witness and testified as 1 13 . follows: •i 19 «• 20 DIRECT EXAMINATION I 21 i BY MS. YOUNG: o 22 5 Q State your name? X M 23 A Durand Little. 24 Q Mr. Little, would you please describe 25 N AR305633 • 20 2 your education past high school? 3 A I have a four-year degree in biology 4 from the Pennsylvania State University, 5 Q By whom are you employed? 6 A The Commonwealth of Pennsylvania, | 7 Department of Environmental Resources, Bureau of Water 8 Quality Management. 9 Q How long have you been employed by the 10 Department? 11 A Approximately, eleven years. 12 Q What is your position with the Department? 13 A I am a Water Quality Specialist. V_y 14 Q Have you been in that position for 15 eleven years? 16 A Nine of those years. Prior, I was a • 17 . Water and Sewage Treatment Plant Operator. i s 78 Q Could you describe your duties as a s 19 Water Quality Specialist? o i 20 A To inspect industrial waste arid sewage I 21 treatment plants on a regular basis and to handle any 8 22 spills or fish kills, do investigations, any complaints o » 23 involving waterways, underground surface waters. 24 Q Have you ever conducted any inspections 25 or investigations related to the Westinghouse elevator SR3G5681* 21 2 plant in Adams County? 3 A Yes, I did. 4 Q Could you explain the circumstances of 5 your investigating this facility? 6 A Originally, it was in August of 1983. 7 Mr. George Coleman had called me at my home, at my 8 residence. I had known Mr. Coleman through an 9 acquaintance, and he stated to me at that time -- 10 .MR. ARMSTRONG: Your Honor, I will 11 object to that as hearsay. 12 JUDGE FITZPATRICK: Ms. Young? 13 MS. YOUNG: He is just giving essentially 14 background about what brought this to his attention. 15 MR. ARMSTRONG: Then I would withdraw 16 the objection on background, Your Honor. It's just that 17 I will only make such objections when it goes to the 18 issues before the court. 19 JUDGE FITZPATRICK: All right. You can 20 proceed, Mr. Little. 21 THE WITNESS: Okay. As I stated, he 3I tyj related to me that he had concerns about a little stream a s 23 near his property which is directly in front of the 24 Westinghouse plant site because his home is, in fact, 25 in front of the Westinghouse plant. He had been using AR305685 22 v^ 1 2 this stream for a water source for his little garden 3 on that side of the roadway. He was concerned because 4 he said he noticed a discoloration at times, an odor, 5 and he wasn't sure what was going on, but he had some 6 theories about what was going on. He wanted me to i ' 7 investigate it and try to find out what the situation 8 was and if there was, any danger to him and/ or his 9 garden that he was operating nearby. 10 BY MS. YOUNG: 11 Q What did you do in response to Mr. 12 Coleman1 s phone call? 13 A I proceeded the following day or two ^ 14 afterwards to go to the site and secure a stream sample 15 and to speak to Mr. Coleman about the situation. 16 MS. YOUNG: I am going to show you a i 17 map of the area. sX 18 This is a map from the RIFS report i 19 which I had indicated in my exhibit list in C-121 that 2 20 I was going to have some additional maps . This could w 1X 21 be marked as C-121(a). 22 JUDGE FITZPATRICK: All right. D If £ 23 Map of Westinghouse plant site 24 showing plant storm drain and sanitary sewer systems -- 25 ^ AR305686 23 2 produced and marked for identification as Common- 3 wealth Exhibit No. C-121(a). 4 BY MS. YOUNG: 5 Q Mr. Little, I am showing you a document 6 which purports to be a map of plant storm drain and 7 sanitary sewer systems.
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