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. Is this map consistent with 8 your observations regarding the Westinghouse facility 9 and Mr. Coleman's residence? 10 A Yes, it appears to be. 11 Q I am going to give you a blue pencil, 12 and can you indicate approximately where Mr. Coleman's 13 residence is on this map? 14 A I believe it would be this structure 15 here, if I'm not mistaken. (indicating) 16 Q You are indicating a building that is 17 just to the left of where "Biglerville Road" is written? 18 A Yes. Just right of the "525" contour 19 numeral. 20 Q Do you recall approximately how far Mr. s 21 Coleman lived from the Westinghouse plant? • . 22 A It's just a matter of a few hundred feet. 23 It's in front of the plant, it would be almost directly 24 in center of the actual elevator plant itself, along 25 Route 34, along the roadway.
AR3G5687 24
2 Q Can you describe generally where the 3 Westinghouse elevator plant is located? 4 A From Gettysburg, do you mean? 5 Q Just the general area of where it is 6 located? 7 A It's Cumberland Township, Adams County. 8 It's on Route 34 north of Gettysburg Borough, approxi- 9 mately one mile. 10 Q When you were at Mr. Coleman's house, n you said you sampled a nearby stream? 12 A Yes. It would be the stream that crosses 13 the roadway coming from this culvert on the west "side of Route 34. is Q Can you just mark with a "C" that culvert 16 that you indicated on the map? 17 A Well, this actually shows a catch basin s 1B according to this terminology. This would be the catch I 1199 basin, so this corrugated metal pipe would be this line 20 here, (indicating) I 21 Q you are indicating that -arrow pointing 22 to tne "Outfall to Eastern Tributary" at the bottom of 23 the map? 24 A Yes. 25 Q You said that there's a culvert there
SR3G5688 25
2 that discharges to a stream? A Yes. It's a small unnamed tributary of Reck Creek. It's very small little stream, but 5 the headwater is essentially this catch basin arrangement. g Q Where did you take samples when you were 7 out that day? 8 A Originally, the first sample I obtained was that in this little tributary on the east side of 10 Route 34, somewhere in this location. (indicating) 11 Q In the stream? 12 A Yes, a natural stream sample. 13 Q Did you take any other samples on that 14 day? 15 A Not on that day, no. 16 Q Were you on the plant site that day? A No, just on Mr. Coleman's property and 18 that stream location. 19 Waste Discharge Inspection 20 Report dated 8/17/83 -- produced and marked for identification as Common- wealth Exhibit No. C-l.
23 BY MS. YOUNG: 24 Q I am handing you a document that has 25 been marked for identification as Exhibit C-l. Do you
ftR305689 I' •. 26
2 recognize this document, Mr. Little? •> A Yes. This is a copy of an Inspection 4 Report which I had written up the following day upon 5 coming back from Mr. Coleman's property and interviewing him further on the situation. 7 Q On this Inspection Report, do you indicate 8 the sample locations? 9 MR. ARMSTRONG: Excuse me. Your Honor, 10 we object to a reference to C-l as having been identified 11 too late to be used in this proceeding. We never knew 12 of C-l until a copy of it was delivered. It was never 13 identified in any of the filings required by the Board in its rules and orders of Your Honor and the Board and 15 the Secretary. It was never described. We never knew 16 of it, and we first saw it on last Thursday — this is Monday, December 4, and last Thursday, November 30th, 18 a copy of this arrived at our office. Due to the 1 pressures of finishing up a matter in the federal court 20 last week and getting here and getting ready, this is 91 literally the first time I have ever laid eyes on the oo document. Mr. Komoroski would have seen the bulk of 23 them last Thursday afternoon or evening. 24 We object to its use. 25 JUDGE FITZPATRICK:. Ms. Young?
ftR3Q569Q 27 1
2 MS. YOUNG: Your Honor, we had indicated 3 all along that we were going to use documents from our 4 files, our Bureau of Water Quality files, in support of 5 this civil penalty action, and we have produced all of 6 those files in discovery. This document was certainly i 7 available to Westinghouse for copying and review fairly 8 early on in the procedure. I don't know whether they 9 copied it or not, but we certainly did disclose this 10 document to them and did not remove it from the file 11 or anything to that effect. 12 JUDGE FITZPATRICK: It doesn't appear to 13 me that this document is that complicated that it would 14 require a tremendous length of time to review it in order '' 15 to cross examine this witness. If Westinghouse would 16 basically argue with me on that point, perhaps I would i 17 consider coming up with some sort of allowing them to s « 18 recall Mr. Little perhaps at a later date to cross examine 19 him on this this, but it doesn't appear to me to be the 20 kind of document which is going to present that sort of 21 problem. 22 I would overrule the objection to the D CO. . MYONNI , NJ 0»00 » •
u 23 document based on that. I will allow you to proceed, 24 Ms . Young . 25 MS. YOUNG: Thank you. Could we have the
SR30569I , 28
2 last question read back? 3 (Last question read back: "On this 4 Inspection Report, do you indicate the sample locations?") 5 THE WITNESS: Yes. I indicate that I 6 have secured a sample at the unnamed trib of Rock Creek. I 7 BY MS. YOUNG: 8 Q Could you explain how you collected that 9 sample? 10 . A It was normal procedure, collected a 11 VOA -- volatile organic sample -- using a 40 milliliter 12 glass sample bottle whereby you immerse the sample bottle 13 in the stream location, making sure that you do not have V_y 14 an air gap between the cap of this bottle to make sure 15 that you have proper and accurate sample. 16 MR. ARMSTRONG: I don't know, Your.Honor, s 17 whether this document is in evidence or not? »t s 18 JUDGE FITZPATRICK: No, it's not. I 19 MR..ARMSTRONG: So that the record • * .20 discloses thus far just the answer to the question? M I 21 . JUDGE FITZPATRICK: Yes. We will discuss « 22 whether these documents are admissible at a later point. < s 23 The way i prefer to handle that is to have the Cotnmon- 24 wealth move everything in at the end of the case and 25 then we will discuss that.
AR305692 29 1 V 2 MR. ARMSTRONG: So the record shows it 3 now because of Your Honor's statement earlier in the few 4 seconds, perhaps minutes, that I have had to take a look 5 at it while also trying to listen to the witness, the 6 document contains hearsay representations by yet a third i 7 party which are absolutely central to the issues of the 8 case. 9 JUDGE FITZPATRICK: We will address that 10 at a later point. You will get your chance to make that 11 objection, Mr. Armstrong. 12 BY MS. YOUNG: 13 Q Mr. Little, if you refer to Exhibit C-l, 14 do you see the area where it says, "Remarks," and under- v 15 neath it, there is some handwriting? 16 A Yes. i 17 Q Could you explain what that writing there a 18 is? 19 MR. ARMSTRONG: I object to the form of o 20 the question. What does that mean: "Explain what the 21 writing is?" Is she asking him to read it? 22 MS. YOUNG: I am going to ask what .the 23 purpose of that is and what he was doing when he wrote PENCA O CO. . lATONNE HJ 24 that information there. 25 JUDGE FITZPATRICK: I will overrule the
N
AR305693 1 30
^"•^—• • / *\ objection. 3 THE WITNESS: It's simply a matter of 4 stating as we do on any Inspection Report like this, 5 what we had seen, heard or observed in any investigation 6 of this nature. It's just remarks explaining how this
I 7 was initiated and what I had seen and heard on site. 8 BY MS. YOUNG: 9 Q Did you take note of remarks that Mr. 10 Coleman made to you when you were at the site? 11 A Yes. 12 Q Were you writing down what he was saying 13 to you at the time? \^_J 14 A Not immediately at that time, but I 15 prepared that report while I was still on the site on 16 that day. .
I 17 Q Did Mr. Coleman make the statements that I « you reported while you were at the site that day?
I ^ A Yes, he did. i 20 Q Going back to your sampling, could you explain how you brought those samples to the laboratory? I 8s 22 A On that particular occasion, it was a S 23 matter of hand delivering those samples to our laboratory 24 on Reilly Street, putting those samples in a secured area 25 in the lab, and having the lab process them the next day. 31 i
2 MS. YOUNG: At this time, I have a 3 document which I have not previously used, but I thought 4 that Westinghouse would stipulate to the authenticity of 5 our laboratory results at the time that I submitted my 6 document. This document is just one of the lab reports 7 from this particular sample we're referring to, which 8 I have not had a chance to make enough copies. 9 MR. ARMSTRONG: I don't know whether there 10 is a representation being made that we have been given 11 this before or not. 12 MS. YOUNG: It was produced in our files. 13 I don't know to what extent you reviewed it or whether 14 you copied it. It's also information that is tabulated ^ 15 in the RIFS reports of your consultants as far as the 16 DER sample results. 17 MR. ARMSTRONG: Your Honor, that a document 18 is from the Department's files is not a compliance with 19 the rules of this Board. This Board, in its many orders, 20 have required, the documents intended to be used have to 21 be identified. We have to be shown them, given an 22 opportunity to see them during the discovery phase 23 of the case, when in accordance with the prior document, 24 we would have taken Mr. Coleman's deposition, if this 25 wasn't the first time I was hearing them. And in this
AR305695 . , • 40
2 the testimony to go forward at this point. As far as 3 reading the numbers, I think maybe we can address that now. I will allow the witness to read those figures 5 into the record, but of course, that is going to be 6 subject to some further proof at a later point. That I 7 doesn't mean that I'm going to rely on them or that I 8 would treat this witness's testimony as having 9 established that those numbers are accurate. But I 10 will allow him to read them into the record as what 11 he got back from the lab at this point. 12 We will just have to wait until later 13 evidence to determine whether or not the Board thinks ^—^ 14 they are valid or not. So, I will allow you to go 15 forward, Ms. Young. 16 DER Bureau of Laboratories i Special Analyses Report on » 18 sample taken 8/16/83 -- 8 produced and marked for identification as Common- ! 19 wealth Exhibit No. C-l(a). 2 20 | BY MS. YOUNG: ", Q I am handing you a document which has s ** 3 been marked for identification as Exhibit C-l(a). Will s 23 you please identify that document? 2g A This is the actual chem sheet that I had
SR305696 41
2 filled out on that day and the results listed as they 3 were returned to me from our laboratory. Q What did the laboratory indicate as the 5 results of their sampling? 6 A For this surface water sample of this 7 unnamed tributary, they listed trichloroethylene -- TCE 8 -- as 2 micrograms per liter or parts per billion; and 9 1,1,1 as 4 parts per billion. 10 Q Did you do anything as a result of 11 receiving that information from the laboratory? 12 A Well, it obviously raised the question 13 in my mind that there is some problem here somewhere 14 at some source, so I proceeded to take some well samples. 15 I took one at Mr. Coleman's residence and approximately 16 an equal distance south of that stream location at a Mr. Gallatin's residence. 18 Q By the way, what is the date on that 19 lab report that you got that information back from the 20 lab? 21 A August 16, 1983. 22 Q Is that the date you submitted it to the 23 lab? 24 A That's the day I did the sampling and 25 submitted it.
SR3G5697 42 1 2 Q Is there any indication of when the lab 3 completed the sampling and indicated to you what the 4 results were? 5 A Mr. Maljevac, the analyst, completed and 6 confirmed the sampling as of August 22. 7 DER Bureau of Laboratories 8 Special Analyses Report of G. Coleman well sample taken 9 9/7/83 -- produced and marked for identification as Common- 10 wealth Exhibit No. C-l(b). 11 DER Bureau of Laboratories 12 . Special Analyses Report of K. Gallatin well sample taken 13 9/7/83 -- produced and marked for identification as Common- 14 wealth Exhibit No. C-l(c). 15 BY MS. YOUNG: 16 Q I am handing you two documents: one marked 17 C-l(b) and one marked C-l(c). Would you please identify 18 those documents? 19 A C-l(b) is ny chem sheet relating to the 20 sampling of Mr. Coleman's residence. 21 C-l(c) would be the chem sheet relating 22 to the sampling of Mr. Gallatin's well. 23 Q When did you take those samples? 24 A On September 7, 1983. 25 Q Could you explain how you collected those
6R305698 43
2 samples? 3 A In both instances, it was at a tap. I believe Mr. Coleman's tap was in his basement, and 5 similarly, Mr. Gallatin1s, at a source close to the actual 6 well near the pressure tanks, I believe in both instances. 7 But in any case, they were sampled in the same manner 8 with the 40 mil VOA bottles, standard sampling bottles 9 for VGA's. 10 Q These were wells that were used? 11 A Private wells. 12 Q Private wells used by people in their 13 homes? 14 A Yes. 15 Q Referring back to the map which has been 16 marked as C-121(a), do you remember approximately where 17 Mr. Gallatin's residence was? 18 A It's on the opposite side of the road, 19 that would be east of Route 34. Like I said before, 20 it's approximately an equal distance from Mr. Coleman's 21 house to the stream. So, it's somewhere in this location «o down here. (indicating) 23 Q Would you put a little "G" next to that 24 circle for "Gallatin?" 55 (The witness complied.)
SR305699 44
2 BY MS.•YOUNG: *j Q That's just the approximate location of his residence? 5 A Yes. Q When did you get the results back from 7 the lab on these residential well samples that you had 8 taken? 9 A I'm not sure of the exact date, but 10 Mr. Maljevac signed off on September 13 that they were 11 completed, the tests had been completed. 12 Q Do you recall how you transported these 13 well samples to the lab? 14 A As I recall, these were both hand 15 delivered, also, in these cases, to our lab. 16 Q What did the lab report have as its 17 findings in these samples?
X o T8 MR. ARMSTRONG: I don't know if I should 19 rise each time. I should at least note for the record 20 that our position is exactly the same, Your Honor, on | 21Z1 C-l(b) and C-l(c) as it was on C-l(a). 22 JUDGE FITZPATRICK: I understand. I 23 think you have an objection to his reading them into 24 the record to establish their validity? 25 MR. ARMSTRONG: Yes.
SR3G5700 45 1
2 JUDGE FITZPATRICK: And as I stated, I 3 will allow them to be read in. This is going to be 4 subject to further proof as far as whether they are 5 persuasive or not. 6 THE WITNESS: Anyway, the sample for ! 7 the Coleman residence, we obtained results that indicated 8 it had a TCE level of 650 parts per billion and a 1,1,1-TCE 9 level of 80 parts per billion. 10 Also, the Gallatin residence, they had
11 a TCE level of 45 parts per billion, and a 1,1,1-TCE level 12 of 32 parts per billion. 13 BY MS. YOUNG: 14 Q Did you do anything as a result of these 15 findings by the -lab that the Gallatin residence and the 16 Coleman residence had TCE and 1,1,1-TCE in their wells?
•«t 17 A I may have called Mr. Coleman, but nothing
•X o 18 Ik officially. This was submitted, then, to other Department I 19 officials specifically or people involved with Community 20 and Environmental Control, who actually had written them 21 letters stating the condition of their well water. 22 Q Were you ever present when samples were 23 collected from the stream bank near the Coleman residence? PENCA D CO. . lAYONNE , N.J 24 A On one occasion some point later, I can't 25 recall exactly, I was with the Bureau of Solid Waste
1
AR30570I 46
2 personnel and they obtained a soil sample from the 3 stream bottom at that time. Q Did you observe anything unusual about 5 the stream bank at that time? 6 A Well, the soil sample was dark, but then 7 given the storm water runoff situation from parking lots 8 and everything, that was not unusual, but it definitely 9 had an industrial chemical type odor to it. 10 Q Do you remember who was with you that 11 day when the soil was taken from the stream bank? 12 A Only the one person in particular, which 13 is Joel Steigman with Solid Waste. 14 Q Do you know who Ken Hess is? 15 A Yes. 16 Q Who is he? 17 A He is still, I believe, a supervisor 1 fl of plan engineering at the Westinghouse site. 19 Q Did you ever have any conversation with 20 Ken Hess regarding the disposal of trichloroethylene? 21 A At one point •-- 22 MR. ARMSTRONG: Excuse me. I think, 23 Your Honor, the answer to that question is "yes" or 24 "no." 25 THE WITNESS: Yes, I did.
6R305702 49
2 Five DER Bureau of Laboratories Special Analyses Reports -- 3 produced and marked for identification as Commonwealth 4 Exhibit No. C-13. 5 BY MS. YOUNG: 6 Q Would you identify what has been marked 7 as C-13? 8 A This appears to be a copy of a chem sheet 9 that I conducted sampling of the sanitary sewer which runs 10 parallel to Route 34 in front of the Westinghouse 11 company site. 12 Q What is the date of that sampling? 13 A December 14, 1983. 14 Q You are referring to the first page of ~" ; 15 this document, C-13? 16 A Yes. 17 Q What is on the second page of C-13? 18 A It's another sampling that I did at that 19 same date at another point on this same sanitary sewer. 20 Q On the first page of C-13, you have the 21 word "upstream" in quotes there? 22 A Yes. 23 Q What does that mean? 24 A It's just an indication to keep it clear 25 in my mind that there was a sampling of the sanitary
AR305703 50
2 sewer at a point above the elevator company location. 3 In other words, actually as I have it written down here, 4 it was at a point next to the intersection of Route 34 5 and Township Route 341. Q Do you remember how you transported that 7 sample back to the laboratory? 8 A As I recall here, too, I hand delivered 9 those samples to our laboratory. 10 Q What did the laboratory report as its 11 : findings on that upstream sample show? 12 MR. ARMSTRONG: 'Your Honor, excuse me. 13 Could we object to this document on the same grounds 14 as previously stated for the other documents having 15 been never identified by the Department and shown to 16 us only last Thursday and containing information 17 analyzed by others without that proper foundation 18 having been laid. 19 JUDGE FITZPATRICK: All right. I will 20 allow the testimony to go forward and just again state 21 that Mr. Little's testimony does not establish the 22 validity of the test results and that will have to be 23 established by other witnesses. I will allow the 24 testimony to go forward. 25 THE WITNESS: • Again, this was just a
BR3Q57QI* 51 1
2 standard TCE scan done by the lab. On this particular 3 sampling of the upstream, so to speak, sample, they 4 did not detect any trichloroethylene compounds.
5 BY MS. YOUNG: 6 Q Referring to the second page of the 7 document, you have indicated a sample in quotes, "down- 8 stream?" 9 A Yes. 10. Q What do you mean by "downstream?" 1"1 A That was at a point several hundred feet 12 south of the Westinghouse main entrance. 13 Q Do you remember how this sample was 14 transported to the laboratory? 15 A Again, by hand delivery. 16 Q What were the results of the laboratory * 17 reported on this sample? 18 A They indicated that a TCE level of 19 8 parts per million was obtained and a 1,1,1 level of 20 23 parts per billion. 21 Q Is that parts per billion or parts per 22 million? 23 A Excuse me, parts per billion -- micrograms 24 per liter. 25 MS. YOUNG: I have no further questions.
«R3Q5705 52
2 JUDGE FITZPATRICK: Cross examination, 3 Mr. Armstrong? 4 MR. ARMSTRONG: Yes. 5 CROSS EXAMINATION 6
7 BY MR. ARMSTRONG: 8 Q The sample, Mr. Little, that you took 9 from the stream in August of 1983, tell us what was 10 the nature of the water flow on that day at that 11 stream point? 12 . A It appeared to be fairly minimal. I 13 recall the depth of the actual stream was maybe six 14 inches at the most, and if I recall correctly, it was 15 clear and I don't recall that it had any particular 16 odor. 17 Q You were not aware of any odor from the 18 stream? ' 19 A No, not as I have recorded on my 20 Inspection Report. 21 Q Nor of any discoloration? 22 A No. 23 Q How did you take that sample? 24 A It's a matter of physically immersing 25 the sample bottle in the stream, allowing it to fill and
6R3G5706 72 1
2 on crucial issues in the case is so prejudicial to us, 3 it's the unfairness of being able to defend the thing 4 because of the way the document, has been handled. 5 JUDGE FITZPATRICK: My ruling on this 6 is, I will admit C-l into evidence, but I will not 7 treat the hearsay statements from Mr. Coleman as being 8 made for the truth of the matter asserted. I will admit 9 this solely to show that Mr. Little did, in fact, do 10 an investigation and the circumstances, perhaps, that 11 led him to do that, but I will not treat Mr. Little's 12 characterization of Mr. Coleman said as going to prove 13 any of the issues in this proceeding. 14 With that statement, I will admit 15 Exhibit C-l, and also, I will admit Exhibit C-121(a) 16 into evidence. 17 Commonwealth Exhibits Nos. 18 C-l and C-121(a), previously identified, admitted into 19 evidence. 20 JUDGE FITZPATRICK: Are you prepared 21 to call your next witness, Ms. Young? 22 MS. YOUNG: Yes, I am. The Department 23 calls Thomas Romito. 24 25
SR3057Q7 184
2 further questions. 3 JUDGE FITZPATRICK: All right. You are 4 excused, Mr. Romito. Thank you. 5 (Witness excused.) 6
7 JUDGE FITZPATRICK: Ms. Young, what 8 exhibits do you wish to move into evidence at this time? 9 MS. YOUNG: I would like to move for 10 admission of the maps that I had marked, C-121(b) and 11 C-121(c) -- 12 MR. ARMSTRONG: Should I respond as we 13 go along? 14 JUDGE FITZPATRICK: Yes, we can do it 15 that way. 16 MR. ARMSTRONG: No objection to either 17 of those. 18 JUDGE FITZPATRICK: Commonwealth's 19 Exhibits 121(b) and 121(c) are admitted into evidence. 20 Commonwealth's Exhibits Nos. 21 C-121(b) and C-121(c), previously identified, 22 admitted into evidence. 23 MS. YOUNG: I would also move for the 24 admission of C-4, C-6, C-2, C-25, C-5, C-59, and C-34. 25 .
ftR305708 185 1
2 JUDGE FITZPATRICK: Any objection to 3 C-2, Mr. Armstrong? 4 MR. ARMSTRONG: No objection. 5 JUDGE FITZPATRICK: C-2 is admitted into 6 evidence. 7 Commonwealth's Exhibit No. 8 C-2, previously identified, admitted into evidence. 9
10 JUDGE FITZPATRICK: How about C-4? 11 MR. ARMSTRONG: No objection. 12 JUDGE FITZPATRICK: C-4 is admitted 13 into evidence.
14 Commonwalth's Exhibi' t No. 15 C-4, previously identified, admitted into evidence. 16 17 JUDGE FITZPATRICK: And C-6? 18 MR. ARMSTRONG: No objection. 19 JUDGE FITZPATRICK: C-6 is admitted into 20 evidence. 21 Commonwealth's Exhibit No. 22 C-6, previously identified, admitted into evidence. 23 24 JUDGE FITZPATRICK: C-25? 25 MR. ARMSTRONG: No objection.
SR305709 1 186
^^ 2 JUDGE FITZPATRICK: C-25 is admitted 3 into evidence. 4 Commonwealth's Exhibit No. 5 C-25, previously identified, admitted into evidence. 6
I 7 JUDGE FITZPATRICK: C-5? 8 MR. ARMSTRONG: No objection. 9 JUDGE FITZPATRICK: Exhibit C-5 is 10 admitted into evidence. 11 Commonwealth's Exhibit No. 12 C-5, previously identified, admitted into evidence. 13
^_y 14 JUDGE FITZPATRICK: C-59? 15 MR. ARMSTRONG: No objection. 16 JUDGE FITZPATRICK: C-59 is admitted
I into evidence . 18 Commonwalth1 s Exhibit No. 19 C-59, previously identified, admitted into evidence. 20
21 JUDGE FITZPATRICK: C-34? 22 MR. ARMSTRONG: I am hesitating because 23 I am having a problem reading the handwritten portion. 24 This, again, Your Honor, is one that I would reassert 25 the objection based upon it never having been identified
ftR3057iO 201 i 2 order of witnesses tomorrow, then? 3 MS. YOUNG: Tomorrow, I would start with 4 Jerry Schilling, who I am subpoenaeing, followed by 5 Bernard Kerns, who is also coming under subpoena, and 6 then after that, I think I will take Frank Fair from 7 our Bureau of Waste Management. I don't know if I can 8 get through more than that tomorrow or not. 9 JUDGE FITZPATRICK: Does that answer your 10 question, Mr. Armstrong? 11 MR. ARMSTRONG: Yes, thank you. 12 JUDGE FITZPATRICK: At thic point, we will 13 recess until 10:00 tomorrow inorning. 14 (The hearing recessed at 3:55 p.m.) 15 16 * * 17
18
19 I hereby certify that the proceedings 20 and evidence taken by me in the within matter are fully 21 and accurately indicated in my notes of testimony and 22 that this is a true and correct transcript of same.
23 24 25 Marlene L. DePanfjLlis Court Reporter
AR3G57M VOLUME III 437
COMMONWEALTH OF PENNSYLVANIA ^ ENVIRONMENTAL HEARING BOARD
WESTINGHOUSE ELECTRIC CORPORATION Versus Docket No. 88-319-CP-F COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES
Verbatim transcript of hearing held in Hearing Room B, 101 South Second Street, Harrisburg, Pennsylvania, on Wednesday, December 6, 1989 10:00 a.m. * * *
BEFORE: TERRANCE J. FITZPATRICK, Member
-^ APPEARANCES : - DICKIE, McCAMEY & CHILCOTE Two PPG Place Pittsburgh, Pennsylvania 15222-5402 BY: DAVID J. ARMSTRONG, ESQUIRE And KENNETH KOMOROSKI, ESQUIRE For - Westinghouse Electric Corporation .
MARY YOUNG, ESQUIRE Eastern Region, DER 1314 Chestnut Street Philadelphia, Pennsylvania 19107 And MICHAEL J. HEILMAN, ESQUIRE Central Region, DER City Towers, 301 Chestnut Street -. Harrisburg, Pennsylvania 17101-2702 '^ For - Department of Environmental Resources
CAPITAL CITY REPORTING SERVICE •BOX 11908 FEDERAL SQUARE STATION HARRISBURG, PA 17108 TELEPHONE (717) 533-2195 6R3G57I2 438
INDEX TO WITNESSES ; DIRECT CROSS REDIRECT RECROSS For - Commonwealth Joel Steigman 451 472 508 512 518 518 Kenneth Malick 520 539 548 Calvin Kirby 592 613 641 652
For - Westinghouse George C. Dorman 564 585
INDEX TO EXHIBITS J
EXHIBIT DESCRIPTION IDENTIFIED ADMITTED For - Commonwealth C-15 Letter dated 2/16/84 from 459 Francis P. Fair to B. A. Kerns C-15 (a) Six Lab Analyses Reports 465 of samples taken by Joel Steigman C-89 Two-page Inspection Report 596 661 of Adams County Motors by Calvin Kirby dated 7/28/86 C-90 Two-page Inspection Report 601 662 of Falcon's Car Wash by Calvin Kirby. dated 7/28/86 C-91 Two-page Inspection Report 605 662 of Keller's Body Shop by Calvin Kirby dated 7/28/86 / CAPITAL CITY REPORTING SERVICE BOX 11908 FEDERAL SQUARE STATION HARRISBURG, PA 17108 ft D O f) C J i o TELEPHONE (717) 533-2195 H 11 U U *| / 1 J ______439
INDEX TO EXHIBITS (Continued)
EXHIBIT DESCRIPTION IDENTIFIED ADMITTED C-93 Three-page Inspection 648 662 Report of Gettysburg Area School District site by Calvin Kirby dated 7/28/86 C-97 Map of "Off-Site Residential 528 559 Well Locations" C-97(a) Three-page listing of 528 560 "Residential Well Locations and Construction Data" C-123 Three Special Analyses 603 Reports of samples taken by Calvin Kirby C-125 Packet of Special Analyses 524 Report Forms C-126 Five Special Analyses 524 Report Forms
CAPITAL CITY REPORTING SERVICE BOX 11908 FEDERAL SQUARE STATION ft R ^ H S 7 I ll HARRISBURG, PA 17108 H R O U U / I H TELEPHONE (717) 533-2195 440 1
2 JUDGE FITZPATRICK: We will continue 3 the hearing in the matter of Westinghouse Electric 4 Corporation versus the Department of Environmental 5 Resources. 6 The first thing that we are scheduled 7 to begin this morning is to talk about the question 8 of the sampling and the1 tests that were done by the 9 Department. Particularly, I think we're talking about 10 the lab tests here and about what sort of proof might 11 be required. We had a discussion about it yesterday, 12 at which time the Department brought up a previous 13 decision by the Board, Elmer R. Baumgardner versus DER, 14 and I believe a copy of that was given to Westinghouse. 15 I'm not sure where this discussion is 16 going to go or what kind of conclusion we're going to 1? reach, but maybe I'll just start off by asking you, 18 Mr. Armstrong, if you have any comments on that? 19 MR. ARMSTRONG: Your Honor, we have 20 read the Baumgardner and it's an extremely well-written 21 opinion. 22 I do not argue the opinion as it relates 23 to that case. I'm not sure that it's applicable, and 24 I. confess that the reason I'm not sure is, I don't know 25 what the evidence will be.
SR3Q57I5 1 451
^ Are you prepared to call your first • 3 witness? 4 MS. YOUNG: Yes, I am. The Department 5 calls Joel Steigman. 6 (Discussion off-the-record. ) ! 7 8 JOEL STEIGMAN, having been 9 duly sworn, was called as 10 a witness and testified 11 as follows: 12 DIRECT EXAMINATION 13
V_> 14 BY MS. YOUNG: 15 Q Mr. Steigman, have you ever worked for 16 the Department of Environmental Resources?
I A Yes. 18 Q In what time period did you work for 19 the Department? 20 A From 1981 to 1988. 21 Q During the time that you were employed 22 by the Department, did you ever collect soil or water 23 samples from the Westinghouse Elevator Plant in 24 Cumberland Township, Adams County? 25 A Yes, I did.
^^
SR3057I6 452 1 2 Q What position did you hold at that time? 3 A Solid Waste Specialist. 4 Q Would you please describe what your 5 duties were as a Solid Waste Specialist? 6 A We would go out and do hazardous waste 7 inspections, collected samples, routine samples of 8 pollution incidents. 9 Q Obtaining water and soil samples was 10 part of your normal duties at that time? 11 A That's correct. 12 Q Do you have any idea how many samples 13 you would collect in any given year when you were a 14 Solid Waste Specialist? Just generally? 15 A Over one hundred. 16 Q Did you follow any particular protocol 17 with collecting samples? 18 A Yes, we did. 19 Q Could you describe that, please? 20 A . Do you want soil or water, or both? 21 Q Why don't we do one at a time? 22 A Okay. The soil --we would use a VOA 23 vial. It has a septum in it and you would fill them 24 to the top and pack them and put a lid on them, label 25 them. You would make a duplicate and you would put
8R3057I7 453
2 them on ice. Since we were in Harrisburg, we always 3 hand-carried them to the lab so we didn't need chain 4 of custody. That was the chain of custody. We 5 delivered them right to the lab the same day and 6 they were on ice. 7 We filled out a lab sheet. Some of the 8 stuff is so routine — I'm trying to think, but you 9 filled out a lab sheet which had the location, the 10 time, the date, what the material was, what the 11 conditions were and what we were going to analyze it 12 for and what we were looking for. 13 Q That was for soil samples. Could you 14 describe your routine for water samples? 15 A We collected water samples. You want 16 to make sure that the water wasn't rolling boiling -- 17 it's cold, but so that there was no bubbles in the 18 vials. When you put the lid on, you had to make sure 19 there were no air bubbles in it. We always collected 20 a duplicate, and the same thing, they were put on ice 21 and the same lab sheet was filled out with all the 22 pertinent information, the date, the place, the sample 23 number. 24 Q I am going to refer to C-13, which I 25 believe was introduced during the testimony of Durahd
&R3Q57I8 i . 454
2 Little. This time, I am going to be referring to the 3 second and third pages. Could you identify those two 4 pages of Exhibit C-13? 5 A Yes. 0£S Q Would you please state for the record 7 what they are? 8 A They are analyses that Don Killian and 9 I had taken at the Westinghouse facility. 10 Q Do you recall being at the Westinghouse 11 facility on that date? 12 " A Yes. 13 Q What is the date on that report? 14 A 10/28/83. 15 Q Starting with the first page of that 16 report, what kind of sample were you taking? 17 A This was a liquid. 18 Q Where was that sample collected? 19 A Next to the drum storage area. 20 Q And you were following the normal 21 procedure for collecting water samples? 22 A That's correct. 23 Q If you take a look at the next page of 24 that document, what type of sample did you collect there? 25 A That was a soil sample.
9R3057I9 455
2 Q Where was that sample collected? 3 A Northwest corner of the plant. 4 Q Were you following the normal procedure 5 for collecting soil samples? 6 A That's correct. | 7 Q Were both of those samples hand-carried 8 back to the lab as you stated is your normal practice? 9 A Yes. 10 Q Do you remember how it was that you came 11 to sample in those two areas? 12 - A I think we had done a routine Hazardous 13 Waste Inspection and one of the employees had told us ^^ 14 that -- 15 MR. ARMSTRONG: Excuse me. I'm sorry 16 to interrupt, but I will object to this as hearsay. I 17 MS. YOUNG: I think it would come in I 18 as an admission of a party who is talking about employees I 19 of Westinghouse telling him about things that had a i 20 happened on the site and how it was that he came to u I 21 select these particular areas to take samples. • 8: 22 JUDGE FITZPATRICK: Could I have the S 5 23 question re-read, please? 24 (Question read back.) 25
ftR305720 1 .456
2 MR. ARMSTRONG: As part of the history, 3 I certainly wouldn't object that an employee had told 4 him something that led him to do it, but certainly 5 every employee of a corporation, whether it's a large 6 or small one, is not an admission of the corporation. 7 One has to be a managing agent, I think, to put it 8 in a few words. 9 JUDGE FITZPATRICK: I would agree with 10 you on that, Mr. Armstrong. I will allow the witness 11 to testify, but I'll state right now, I am not going 12 to accept it for the truth of the matter of what the 13 employee stated, only for why he conducted the tests 14 in certain areas. 15 BY MS. YOUNG: 16 Q Do you remember the question? 17 A There was a stained area, and we asked 18 the employee what had happened there. He had said 19 they had run a tow motor into some drums in the drum 20 storage area. The soil looked stressed there, so 21 that's why we asked him what happened. 22 Q Do you remember which area that was, 23 that stained area? If I were to show you a map of the 24 facility, could you locate the area? 25 A Yes, if you showed me a map.
BR30572I 457
2 Q I am showing you a map that has been 3 marked as C-121(c) and I am asking you to indicate on 4 this map where this area was? 5 A Right here. (pointing) 6 Q You are pointing to the "Old Waste Drum 7 Storage Area?" 8 A That's correct. Right down here. 9 Q Where it is indicated in the original 10 black on the map as the "Old Waste Drum Storage Area," 11 and not the area that has been marked with pencil? 12 A Right. 13 Q You said you observed stressed soil in 14 that area? 15 A That's correct. 16 Q At the time that you were there, were 17 drums stored there at that time? 18 A I'm trying to think. We were there quite 19 a few times. I can't say for sure, but I think there 20 were when we were there the first time, because they 21 moved the drum storage area to this area here. (pointing) 22 Q They put a new one in from the time 23 you were first there? 24 A Right. When we first came, there were 25 some picnic tables here and there was grass, and in the
6R305722 458 1 2 course of events, that became paved. 3 Q When you first saw it, it was not paved? 4 A That is correct. 5 Q What about the other area on the site 6 where you took a sample? Do you remember how it was 7 that you came to sample in that area? 8 MR. ARMSTRONG: Excuse me. I just 9 don't understand, Your Honor, what the "other" area 10 is. 11 MS. YOUNG: I believe the witness 12 indicated that he had taken two samples, one in the 13 drum storage area and the other one in the northwest 14 corner of the plant. 15 JUDGE FITZPATRICK: Does that answer 16 your question? 17 MR. ARMSTRONG: I take it this question 18 now is inquiring as to the sample taken at the 19 northwest corner? 20 MS. YOUNG: That's correct. 21 MR. ARMSTRONG: Thank you. 22 THE WITNESS: That would be up here 23 at the railroad tracks. 24 BY MS. YOUNG: 25 Q Do you remember why you decided to take
ftR3Q5723 459
2 a sample up in that side of the plant by the railroad 3 tracks? 4 A Not anymore than one of the employees 5 told us that they had dumped something in that area. 6 MR. ARMSTRONG: Excuse me. The same 7 objection, Your Honor, as earlier, without repeating 8 . the arguments made. 9 JUDGE FITZPATRICK: Yes. And again, 1° it doesn't go to the truth of the matter asserted. 11 THE WITNESS: Just like I said, we 12 went there because the employees said that they had 13 dumped something there and we wanted to verify whether 14 it was or wasn't dumped there. 15 Letter dated 2/16/84 from 16 Francis P. Fair to B. A. Kerns -- produced and 17 marked for identification as Commonwealth Exhibit 18 No. C-15. 19 BY MS. YOUNG: 20 Q The document I have just handed you has 21 been marked as Exhibit No. C-15. It is a letter and 22 attached to the letter are five pages which I would 23 like to direct your attention to and ask if you would 24 identify those for the record? 25 A The first one is Monitoring Well No. 1.
«R30572!» 460 i
2 Q Is it a lab report? 3 A Yes. 4 Q Was it filled out by you? 5 A Yes, it was. 6 Q Could you give us the date that that 7 was done? 8 A 2/21/84.' 9 Q What about the next page of that exhibit? 10 A That's another lab report, the same date. 11 . Q What about the third page? 12 A That's another lab report, and it's dated 13 2/11/84. 14 Q And the fourth page? 15 A It's another lab report dated 2/19/84. 16 Q And the fifth page? 17 A It's another lab report, 2/17/84. 18 Q And finally, the last page? 19 A It's a lab report dated 2/21/84. 20 Q Those dates on the reports which I 21 believe were February 11, 17, 19, and 21 of 1984 -- 22 were you on the site on those days? 23 A Yes. 24 Q Starting with the third lab report which 25 is dated February 11, 1984, could you describe where you
AR305725 461 1 2 took that sample? 3 " A Yes. It's best if I show you -- well, 4 it's the pump house area. There was an area between 5 the pump house and what they have listed as the "New B Building" there. 7 Q You are referring again to C-121(c)? 8 A Right. It's the area right here. 9 (pointing) 10 Q You are pointing to the pump house area? 11 A Yes. It was an area between the pump 12 house and the new building, there was a grate and it 13 led to a storm sewer that ran down here. 14 Q This report, you took a soil sample there? 15 A That's correct. 16 Q Does it indicate any depth at which you 17 took the soil? 18 A Six inches. 19 Q Was that taken according to your normal 20 procedures for taking soil samples? 21 A Yes, it was. 22 Q What type of lab analyses did you 23 indicate? 24 A A TCE scan. 25 Q What were the results that you got back
6R305726 462 1 2 on that one? 3 . MR. ARMSTRONG: Excuse me, Your Honor. 4 We will object to the results going in on the grounds, 5 one, that this is a document that is not marked as an 6 exhibit. Two, on the grounds stated yesterday and this 7 morning that the proper foundation has not been laid to 8 give the analytical results of the test of the sample. 9 JUDGE FITZPATRICK: Ms. Young? 10 MS. YOUNG: I would request that he be 11 permitted to state the results that he had gotten back 12 from the lab. 13 And incidentally, this exhibit has been 14 previously marked and produced. I am not moving for its 15 admission at this point because we do intend to lay the 16 second part of the foundation with our lab witness, but 17 for purposes of clarity and not having to call this 18 witness back a second time, I would like to just ask 19 him what the results were that were reported to him. 20 JUDGE FITZPATRICK: Why is it necessary 21 for him to testify what the results were? Does that 22 somehow verify his testimony? 23 MS. YOUNG: Yes, because he's the one 24 who is talking about where the sample was taken and has 25 identified its location on the plant site, and I think
SR3G5727 463
2 it wouid make more sense to have this witness testify 3 as to what the results were, rather than the lab witness, 4 who can also testify to that, but that individual would 5 not be able to place that result into context which is 6 the location where the sample was actually obtained. 7 So, I intend to lay the complete 8 foundation for the admissibility of this evidence 9 and at this point, I would like to have this witness 1° testify as Mr. Little had done on Monday, what was 11 reported back to him from the lab. 12 . JUDGE FITZPATRICK: I believe I did allow 13 Mr. Little to do that. I will allow this witness to do 14 it, too, and I will just state it again, that this is 15 just for the purpose of placing his testimony in context - 16 of what he got back from the lab. It doesn't establish 17 the validity of that number. That is going to require 18 something further from the Department. 19 MR. ARMSTRONG: While we have this break, 20 Your Honor, in the testimony, I am a little confused. 21 I recognize the first two pages of the exhibit and I 22 assume the court has a copy? 23 JUDGE FITZPATRICK: Yes. 24 MR. ARMSTRONG: And certainly, that's 25 an exhibit that I personally used yesterday. I couldn't
fiR305728 464 1 2 understand the attachments. I don't think they belong. 3 As a matter of fact, it appears to me that the actual 4 sampling dates shown on the attachments are on a date 5 later than the date of the letter itself -- February 16. 6 So, I contest that the exhibit be used in this manner. 7 Obviously, we have no objection to the first two pages 8 -- we have that exhibit in our case admitted, but we 9 object to this exhibit being treated as it is stapled 10 together. I don't believe it is attachments to that 11 letter. 12 JUDGE FITZPATRICK: Do you have any 13 comment, Ms. Young? 14 MS. YOUNG: My only comment is that this 15 is the way this document was in our regional files. 16 If it's a problem, I have no objection to taking them 17 apart and marking them separately. 18 MR. ARMSTRONG: I would appreciate that 19 because it would be better for identification, Your 20 Honor, if we can just give it a new number and all 21 references made today would be assumed to be made to 22 that new number. I don't mind treating whatever number 23 there are, as one exhibit, just whatever the next number 24 is. 25 JUDGE FITZPATRICK: Just that it shouldn't
AR3Q5729 465
2 be together with the letter? 3 MR. ARMSTRONG: Take the letter off it, 4 yes, Your Honor. 5 JUDGE FITZPATRICK: Why don't you do 6 that, Ms. Young? 7 . MS. YOUNG: Okay. I will ask that the 8 lab reports be marked as 15(a). 9 Six Lab Analyses Reports of 10 samples taken by Joel Steigman -- produced and marked for 11 identification as Common- wealth Exhibit No. C-15(a). 12 13 BY MS. YOUNG: i4 Q Going back to what is now the third 15 page of Exhibit C-15(a), the lab report dated 16 February 11, 1984, what was the result that was 1? reported back to you from the laboratory? 18 A 40 milligrams per kilogram of 1,1,1-TCE. 19 Q I would like you to refer next to two 20 pages down -- I'm trying to go chronologically here — 21 a lab report dated February 17, 1984. Where did you 22 take this sample? 23 A It says, "Water from the containment 24 trench of the new hazardous waste storage pad." 25 Q Is this the new waste area that you were
fiR305730 1 466
2 just referring to? 3 A No. They have a new pad that has a roof on it now and it has a containment trench. That's what 5 I'm talking about, not where the soil was. e Q Not the old drum storage area? 7 A No. That was just on earth. 8 Q Was this water sample taken according 9 to your normal procedures? 10 A Yes. 11 Q Do you recall whether you followed your 12 normal procedure of hand-carrying the sample to the 13 laboratory? 14 A Yes. 15 Q Yes, you did? ~ 16 A Yes, I did. There is a box here that 17 says, "Hand carried." 18 Q What was the result that you got back 19 from the laboratory on this sample? 20 A 1.6 microgratns per liter, 1,1,1-TCE. 21 Q Referring next to -- well, there is 22 one that is taken on the 19th which is the previous 23 page. Can.you look at that one next? Where did you 24 take this sample? 25 A That was at the railroad track area.
SR3G5731 467
2 . Q Was this a soil sample or a water sample? 3 A It was a water sample. 4 Q And that's your statement, "Infiltrated 5 water in fifty-inch hole at northwest corner?" 6. A That's correct. 7 Q Can you describe this fifty-inch hole 8 that you took the sample from? 9 A When we had gotten to the site, 10 Westinghouse had been excavating around the tracks, 11 and it was rain water. 12 Q They had been excavating around the 13 tracks? 14 A Right. 15 Q Was that going on when you went to the 16 site — do you remember seeing that actually being done? 17 A I think it was covered with plastic. 18 Q You didn't observe anybody actually 19 digging there? 20 A No. 21 Q Was this water sample taken according 22 to your normal procedures for sampling water? 23 A Yes. 24 Q Again, did you hand-carry this sample 25 back to the laboratory?
AR3G5732 468 i 2 A Yes. 3 Q What was the result of this particular 4 sample? 5 MR. ARMSTRONG: I assume, Your Honor, 6 that that same objection is considered made as to 7 each page of this exhibit with the same ruling of the 8 court? 9 JUDGE FITZPATRICK: Yes, absolutely. 10 There will have to be more to establish the validity 11 of these numbers. 12 MR. ARMSTRONG: All right. 13 JUDGE FITZPATRICK: I just don't want 14 to spend a whole lot of time on that, since I'm able 15 to read, I can look down and see what it is, anyway, -16 so I don't see much harm in having him read it. 17 THE WITNESS: We have 1,1,1-TCE, TCE 13 and PCE. 19 BY MS. YOUNG: 20 Q What were the concentrations reported 21 of each of those? 22 A Micrograms per kilogram. 23 Q How many micrograms per kilogram? 24 A There's 1,000 1,1,1-TCE; 1,000 TCE; 25 and 300 PCE.
AR305733 469
2 Q What is "PCE," do you know what that 3 stands for? 4 A Yes -- tetrachloroethylene. 5 Q There are three of these reports that 6 are dated February 21, 1984, and going back to the first 7 page, the first one, could you just identify where you 8 collected that sample? 9 A Monitoring Well No. 1. 10 Q Was that taken according to your normal 11 procedures for sampling water? 12 A Yes, it was. 13 Q Again, was that hand-carried back to the 14 laboratory? 15 A Yes. 16 Q And again, you indicate a TCE scan? 17 A That's correct. 18 Q What did the lab report back to you? 19 A 1,1,1-TCE - 3.8 milligrams per liter. 20 Q Do you know what the estimations are 21 written there, are those yours or are they the lab's? 22 A Those are the lab's. 23 Q On this report, do you indicate that 24 you also had a legal seal on the sample? 25 A Yes.
fiR30573if 470 1 2 Q Looking at the next page, also dated 3 February 21, 1984, where was that sample taken? 4 A That was Monitoring Well WU-1. 5 Q Was that according to your normal 6 procedure for water samples? 7 A Yes. 8 Q And again, it was hand-carried back to 9 the lab? 10 A Yes, with a legal seal. 11 Q What were the results of this particular 12 sample? 13 A 1,1,1-TCE was reported at 120 micrograms pe:r 14 liter; TCE was 700 micrograms per liter. 15 Q The last page of this exhibit is also x— 16 a report dated February 21, 1984. Please identify where 17 that sample was taken? • 18 A Monitoring Well No. 2. 19 Q Was that also a water sample taken 20 according to your normal procedures? .21 A Yes. 22 Q And transported to the lab by you? 23 A Yes. 24 Q And there was a legal seal? 25 A Yes.
8R305735 471 v , 2 . Q What was the results that the lab 3 reported for Monitoring Well No. 2? 4 A 1,1,1-TCE was reported at 8.6 micrograms 5 per liter. 6 Q During your time with the Department, | 7 how were you trained in collecting samples? 8 A We attended various training sessions 9 with outside people. We were up at the lab. We had 10 lab supervision on how to collect a proper sample. 11 Q • I just want to refer you back --do you 12 still have C-13 in front of you? 13 A Yes. 14 Q I don't think I asked you, but if you 15 will look at the fourth page of C-13 -- - 16 A The fourth page? : 1? Q The fourth page, the coil sample? M I 18 A Okay. i 19 Q This particular soil sample which you i 20 indicated you had also hand-carried to the lab, would | 21 you just indicate what the lab had estimated as the 8 22 level of volatiles? o I 23 A Yes. 1,1,1-TCE was estimated 800 24 milligrams per kilogram; TCE was one milligram per 25 kilogram; and PCE was non-detected.
BR3Q5736 472 1 2 . MS. YOUNG: That's all the questions 3 I have. 4 JUDGE FITZPATRICK: Mr. Armstrong? 5 MR. ARMSTRONG: Yes, Your Honor. 6 CROSS EXAMINATION 7
8 BY MR. ARMSTRONG: 9 Q Mr. Steigman, what was your first trip 10 to the Westinghouse Elevator Plant near Gettysburg? 11 MS. YOUNG: Are you asking him for a 12 date?
13 BY MR. ARMSTRONG: 14 Q Yes, the date?
15 A I don't remember. 16 Q Can you remember an approximate time, 17 a month, for example? 18 A No. If you give me a Hazardous Waste 19 Inspection that I have done, that would be the correct 20 date, the year. 21 MS. YOUNG: At this point, I am going 22 to object to any questions that exceed the sampling 23 that I put into my Direct as being beyond the scope 24 of my Direct. 25 MR. ARMSTRONG: I don't believe it can
AR305737 508
2 further questions, Your Honor. 3 JUDGE FITZPATRICK: Let's take a break 4 until 11:55 and then we will resume with Ms. Young's 5 questioning. 6 (Brief recess.) 7
8 JUDGE FITZPATRICK: Are you ready, Ms. 9 Young? 10 . MS. YOUNG: Yes. 11 REDIRECT EXAMINATION 12
13 BY MS. YOUNG: 14 Q When you hand-carried your samples to 15 the lab, can you just describe what you did with the 18 samples when you got to the lab? 17 A We had it on ice. We went in the back 18 door of the lab,, we would take them up, and there's a 19 receiving area in the lab. We set them on the counter, 2° put the two sample bottles -- the sample and duplicate 21 on the lab sheet, and then that's where we leave them. 22 Then there's personnel at the lab that logs them in 23 and writes a lab number down on them. 24 Q On your lab reports, the date that is 25 indicated in the upper right hand corner as "Date
AR3Q5738 509
2 Received," that's not written by you, is it? 3 A No, it is not. 4 Q And that does not indicate the date 5 that you delivered the sample? 6 MR. ARMSTRONG: That's objected to as 7 leading, Your Honor. 8 JUDGE FITZPATRICK: It's difficult for 9 me to rule on that because in addition to doing Cross 10 Examination, you also did some Direct Examination. 11 MR. ARMSTRONG: Oh, yes, then I withdraw 12 . the objection. I forgot about that. 13 BY MS. YOUNG: 14 Q Looking at anyone of these lab sheets, 15 the date where it's indicated "Date Received" is not 16 necessarily the date that you dropped the sample off 17 at the lab? 18 A That's correct. 19 Q If you would just, for example, look 20 at the first one in C-15(a) and indicate where you 21 would write the date that you took the sample? 22 A It should have been where it says -- 23 in the custody log there, "How Shipped," where we 24 wrote "State Car," that would be the date there. 25 The date we took the sample is up there, "2/21/84" and
AR305739 L
1 510 V__y 2 the time. 3 Q That's on the line that is right 4 underneath your name? 5 A That's correct. 6 Q That would be the date that you took i 7 the sample? 8 A That's correct. 9 Q And your testimony was that on all of -10 these samples, you hand-delivered them to the lab the 11 same date that you took them? 12 A That's correct.. 13 Q You also said it was your normal procedure i 14 to pack the samples on ice? 15 A That's 'correct. - 16 Q Where did you get the containers that you used to take the samples? I I 18 A From the lab. i 19 Q You used a new container each time? 2 20 ^ That's correct.
I ' 21 Q If you would refer to Exhibit C-13, 8! 22 the last page. Mr. Armstrong asked you if you were
I 23 there on the day that this sample was taken which is 24 indicated October 14, 1983? 25 A That's correct. .
SR3Q57UO 511 1 . 2 Q Did you watch Mr. Killian take this 3 sample? 4 A Yes, I did. 5 Q Did he take this sample according to 6 the same procedures that you used to take your other 7 samples? 8 A Yes, he did. 9 Q Were you with him when it was hand- 10 .carried to the lab? 11 A Yes. 12 Q Do you remember on October 14, did you 13 observe where that discharge was, where that sample 14 was taken? 15 A Yes, I did. 16 Q Could you indicate on the map approxi- 5 17 mately where this was? I 18 A Yes. i 19 Q I think I have another map that it might o 2 20 be easier for you to use. | 21 MR. ARMSTRONG: Which one is this?. 8 . 22 BY MS. YOUNG: o I 23 Q This is C-121(a). Referring to the last 24 sample in Exhibit C-13 -- this map indicates drains and 25 so forth. 1 512
2 A It's right here, right at the edge of s•*«-. 3 the culvert just off the road. (indicating) 4 Q Where that "C" marking is? 5 A That's correct. 6 Q Did you observe that tributary, where
I 7 it's indicated on the map, this is an "Outfall to 8 Eastern Tributary?" 9 A Yes. 10 Q Did you notice anything unusual about 11 that stream? 12 A It had a lot of sediment. It had a 13 smell, a solvent smell to it. 14 Q Did you notice anything else about it? +,^ 15 A There were paint chips in there. ~ 16 MS. YOUNG: That's all I have.
I 17 JUDGE FITZPATRICK: Mr. Armstrong? M
1 MR. ARMSTRONG: Yes.
i 19 RECROSS EXAMINATION j 20 j 21 BY MR. ARMSTRONG: 22 Q Is that the first time that you - 23 .investigated that area that you are now describing 24 in the last answer? 25 A Yes..
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ftR3057t»2 520 1 v^ 2 that we feel we have laid the foundation for the 3 adtnissibility as far as the collection of these 4 samples and the chain of custody to the laboratory. 5 So, I think we have established that much and the 6 second part would be just to have someone from the I 7 lab. 8 JUDGE FITZPATRICK: As long as they 9 are not being moved at this point, then we don't have 10 to deal with them yet, as far as their admission into 11 evidence. 12 MS. YOUNG: Okay. 13 JUDGE FITZPATRICK: Are you parepared ^*~s 14 to call your next witness? _ 15 MS. YOUNG: Yes. The Department calls 16 Kenneth Malick. s 17 5 • KENNETH MALICK, having been I • 18 duly sworn, was called as a 1 19 s witness and testified as 2 20 „• follows: | 21
• 8: 22 . DIRECT EXAMINATION
I 23 BY MS. YOUNG: .24 Q Mr. Malick, by whom are you currently 25
ftR3057**3 521 1 V 2 employed? 3 A The United States Army. 4 Q Were you at one time employed by the 5 Department of Environmental Resources? 6 A Yes , I was .
S 7 Q During what period of time were you 8 employed by the Department? 9 A From January of 1975 to January of 1985. 10 Q During that time period, did you do any 11 sampling of residential wells in the general vicinity 12 of the Westinghouse Elevator Plant in Cumberland 13 Township, Adams County? X 14 A Yes, I did. - 15 Q What was your position with the 16 Department at the time that you took those samples? A I 1? I was a Sanitarian. 1 18 Q What were your responsibilities as a i is Sanitarian? 20 A We were involved in health inspections 21 of public facilities and assisting homeowners with 22 problems or concerns of their drinking water supplies . 23 Q Was it part of your normal duties as 24 a Sanitarian to obtain water samples from residential 25 wells? ) 522
2 A Yes. 3 Q Do you have any idea of how frequently 4 you would collect samples of this nature during the 5 course of a given year? 6 A I collected a variety of samples, 7 different types, probably 200 or 300 samples a year. 8 Q For sampling residential wells, did 9 you have a particular sampling procedure or protocol 10 that you followed? 11 A It depended on what analysis we wanted 12 to have performed, what we were looking for. In this 13 particular instance, we were looking for volatile ^—^ 14 organics. We would follow a procedure where we obtained 15 bottles from the laboratory and collected samples 16 before any treatment was applied to the water system 17 in the residences, generally in the basement next to * ' IB 18 the pump or the pressure tank. 19 Q Can you just describe the steps that 20 yOU followed to obtain a sample from a residential well? 21 A We had to schedule the samples, so there 22 was some time before we knew where we were going to 23 sample and we would schedule them so the lab would 24 be prepared to analyze it. We obtained bottles from 25 the lab which one of the Sanitarians in the office would
ftR3057l«5 523
2 go up to the laboratory to pick them up. 3 On the date that we were ready, we 4 would go out, and to collect the sample, we would look 5 at the water supply system in the residence and try to 6 locate where we could collect it prior to treatment. | 7 Sometimes we would disconnect the treatment, if necessary. 8 We would turn the water on and let it run for several 9 minutes to flush it and then slow the flow down to just 10 a trickle and use a 40 milliliter vial which we would 11 hold at an angle so the water would run down the side. 12 The idea was to avoid any air bubbles coming in the 13 sample. 14 After we collected it, we capped it 15 and tapped it to make sure there were no air bubbles. 16 To transfer them to the lab, we had coolers that were « 17 provided by the Department. We would get ice -- * to ! 18 sometimes from home, or else purchase it. We would I 19 get ice for the coolers. Then we would take them i 20 to the Department of Health Center in Gettysburg 21 and we would drop them there for a Purolator Courier 22 Service to transport them to the lab. 23 Q How did you identify the samples that 24 you took? 25 A We had collector identification numbers
V
ftR3057i*6 j 524 2 assigned to each of us. I think it was based on the 3 bureau, the region, and then a number to identify each 4 Sanitarian. It started at 001 -- I think it was a 5 seven-digit number and the last three digits were 6 the series. For each house, I would give a unique 7 sample number. And that number, and I think the date, 8 went on to the bottle. I don't know if I had the 9 homeowner's name or not. I know I had the number 10 " and the date and that would also go on the lab analysis 11 report form that accompanied the samples to the lab, 12 and that's what was returned to me with the results 13 from the lab. 14 Special Analyses Report 15 Forms -- produced and marked for identification 16 as Commonwealth Exhibit No. C-125. 17 18 Special Analyses Report Forms -- produced and 19 marked for identification as Commonwealth Exhibit •20 No. C-126. 21 BY MS. YOUNG: 22 Q I am going to show you some documents. 5 23 I have had these marked as Exhibit C-125 and C-126. 24 MS. YOUNG: For"the record, I have them 25 marked separately for purposes of the lab testimony, 525
2 but I'm going to have this witness look at them both 3 together. 4 BY MS. YOUNG: 5 Q For the record, will you identify what 6 these two exhibits are? 7 A These are copies of Lab Analyses Report 8 Forms that were used for samples collected for volatile 9 organics and some of them for a TCE scan for this 10 investigation. 11 Q Did you prepare these at the time you 12 had taken the samples? 13 A Yes. 14 Q If you could just take a minute and ^r~"^ 15 examine the samples briefly. I am going to ask you 16 some general questions about them. I will not expect 17 you to remember each and every one. 18 (The witness looked through the documents.) 19 Q Were these samples taken according to 20 your normal procedure for sampling residential wells? 21 A Yes. Most of them. Some of them, as 22 I see, there's one in here that was -- a few cases, 23 I didn't get into the houses. Some of them were taken 24 at outside faucets. 25 . I see there's at least one report form
J 526
2 here that was not collected by me, though. 3 Q Which one is that? 4 A Sample No. 1341-360. 5 Q Which exhibit is that one in? 6 A C-125. It's the seventh sheet in my 7 copy. 8 Q Is that the William Harness residence? 9 A Yes, that's right. 10 -MS. YOUNG: , We are going to have the 11 witness who took that one, testify. 12 BY MS. YOUNG: 13 • Q Excluding the William Harness sample, 14 the seventh sheet in C-125 — going back to my original 15 question, you indicated there were some that you 16 couldn't get in the house? 17 A Yes. 18 Q What was your procedure when you 19 couldn't get in the house? 2° A I would try to make whatever effort 21 I could to contact the person. If I had a particular 22 date when the samples were scheduled, I would go out 23 and if they were home, I would go inside and take the 24 samples. If they weren't, I would leave a note on 25 the door or try calling them, maybe talk to some 527