ML20036C419

Insp Rept of Former Hartley & Hartley Landfill on 920225 & 27,1110 & 930416.Violations Noted.Major Areas Inspected: Extent & Magnitude of Contamination of Matl Improperly Disposed of in 1970

ML20036C419
Person / Time
Issue date:	06/08/1993
From:	Grobe J, Wiedeman D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
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ML20036C418	List: ML20036C417 ML20036C419
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NUDOCS 9306160309
Download: ML20036C419 (88)

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{{#Wiki_filter:' U.S. NUCLEAR REGULATORY COMMISSION REGION III Report: Non-Licensee Facility: Former Hartley and Hartley Landfill and SCA Landfill Portions of a 11.54 acre parcel located West of the former Hartley & Hartley landfill, Kawkawlin Township, Michigan Legal

Description:

East 190 feet of the Southeast \\ of the Northwest 4, also East 190 feet of the Northeast 4 of the Southwest \\, Section 25, 15-and range 4 East. Inspector: / 8 8 D./G. Wiedeban Date ' Senior Health Physicist Approved By: /, b J In A. Grobe Date/ / u61 Facilities and Decommissioning J Inspection Summary Inspection on February 25 and 27. 1992. November 10. 1992. and April 16. 1993 Areas Inspected: This special inspection was conducted to determine the extent and magnitude of thorium-magnesium contamination that was improperly disposed of on private property by a former Atomic Energy Commission (AEC) licensee, Wellman-Dynamics Corporation, License No. STB-136 (Terminated) and their contracting waste hauler, Hartley and Hartley. Results: The findings of this inspection indicate that licensable quantities of source material were improperly disposed of on private property during the 1970's. The extent of the contamination covers an area of approximately 150 cubic meters on the East portion of a 11.54 acre parcel. This material has remained on the property since the time of its disposal without adequate security measures, restrictions, or plans to remediate the contamination. fy0 SP PDR 1 i

i 1 DETAILS 1 l 1. Persons Contacted Lisa M. Boettcher, Geologist, Michigan Department of Natural Resources (MDNR) Officer Bennett, Michigan State Police, Bay City, Michigan District Office Carolyn Krol, County Treasurer, Bay County Treasurer's Office Wayne T. Hartley, Property Owner i Ty Hartley, Son of Property Owner 2. General Between approximately 1950 and 1972, Hartley & Hartley operated a hazardous waste landfill in the township of Kawkawlin, Michigan. During that period, toxic chemicals and industrial waste along with radioactive waste consisting of thorium-magnesium slag was disposed at this site. The radioactive material apparently originated from the Wellman-Dynamics Corporation foundry in Bay City, Michigan, NRC Source Material License No. STB-136 (Terminated), was placed in the landfill and adjacent properties. In 1972, portions of the landfill property were transferred to SCA Chemical Services, Inc., and to the State of Michigan, Department of Natural Resources (MDNR). In this property transfer and exchange, Hartley and Hartley took title to MDNR property consisting of approximately two 10 acre parcels adjoining the landfill site, to the West and South of the landfill. During July 1984, in preparation for the stabilization and final closure of the former landfill, the NRC requested that Oak Ridge Associated Universities (0RAU) conduct a radiological survey to assess the conditions of the Hartley and Hartley property. This assessment by ORAU concluded that concentrations of gross alpha and gross beta activity in the groundwater were within the EPA Interim Drinking Water Standards of 15 picocuries per liter (pCi/1) alpha and 50 pCi/1, respectively. However, ORAU concluded that the soil contamination levels in a 150 cubic meter area exceeded the NRC guidelines for total thorium (Th-232 plus Th-228) of 10 picocuries per gram (pC1/g), of the NRC

• Branch Technical Position (BTP) Option 1 and the 50 pCi/g guidelines for BTP Option 2.

ORAU further concluded that the soil concentrations and the contact direct radiation levels on portions of the 11.54 acre parcel to the West of the former landfill (currently owned by Mr. Wayne Hartley) exceed the NRC target values for both unrestricted and restricted uses. The entire Hartley and Hartley 2 excerpt from the 1985 BTP, " Option 1 concentrations permit unrestricted use of the property and is the guideline applicable to surface soils. Options 2, 3, and 4 apply to buried wastes and assumed that intrusions into the burial sites may occur. Regardless of the concentrations in the buried materials, surface soil must meet the Option 1 concentration guidelines." 2

i 1 l i landfill site has had numerous prior regulatory issues pending with various State agencies between 1966 up to 1979 when the facility was closed (see Attachment A). This inspection included a review of many of these documents. i 3. Location of Property Owners On February 25, 1992, the NRC inspector met with Officer Bennett of the I Michigan State Police Department, Bay City District Office, to ask for assistance in locating the home address of the property owners. Officer Bennett provided the inspector with a current address and phone number of those individuals. The inspector drove to this individual's house; however, no one was home at the time of this visit. The NRC inspector placed a business card on the door along with a note for this individual to contact the inspector immediately to discuss the radioactive contamination that was found on this individual's private property. On April 16, 1993, both Wayne Hartley and Ty Hartley (current property owners) were contacted by telephone and the inspector discussed the concern that licensable quantities of source materials were being stored on their property without proper security, posting, and plans to remediate the material from their property. 4. Property Tax Status l On March 18, 1992, the Bay County Treasurer's Office was contacted to f determine the current property tax status. The inspector was informed l that the parcel of land currently owned by Wayne T. Hartley, Parcel No. 09 080 025 100 010 00, consisting of 11.54 acres, was currently delinquent in payment of property taxes for 1989 and 1990. Further, the inspector was informed that the 1989 taxes would go on public sale in May 1992 and the 1990 taxes will go on sale in May 1993. On April 16, 1993, a followup telephone call was made to the Bay County Treasurer's Office and the inspector was informed that the 1989 - 1992 property taxes were paid and are now current. 5. Onsite Review of Property i On February 25 and 27, 1992, and November 10, 1992, the inspector toured the site and performed independent radiation measurements and radiological sampling. This site is surrounded by the Tobico Marsh I State Game Refuge and is accessible to members of the public, e.g., hunters, fishermen, etc. The parcel of land owned by Wayne T. Hartley l that was contaminated with radioactive material was not restricted by t way of a fence nor posted to warn any individual entering the area of i the hazards associated with their presence in the area. 6. Independent Measurements Radiation measurements were made with a Ludlum Model 3 portable survey instrument with a Model 44-9 pancake probe (NRC Tag No. 037301),which was calibrated on January 22, 1992. Background radiation measurements i taken on the offsite roadway (Beaver Road) showed 50 counts per minute 3

b i (cpm) which equates to 10 microroentgen/ hour (microR/hr). An instrument response check with a 1 gCi cesium-137 check source showed 10,000 cpm. i Random measurements of the areas in question on the property owned by i Wayne T. Hartley showed that the maximum radiation levels in this area j were 6-8 times above background (300-400 cpm).or 80-90 microR/hr. During the February 1992 site visit, a' sample of the radioactive contaminate was taken in the presence of a representative from MDNR. j This sample was analyzed at Argonne National' Laboratories (ANL) on - March 9, 1992. The results from ANL-indicate that the sample contains j 95 10 pCi/g of thorium-232 and 100110 pCi/g of thorium-228 (see l Attachment B). The NRC criteria for release of soilicontaminates for i unrestricted use is 10 pCi/g of thorium-232 + thorium-228. The 10 pCi/g-limit in the NRC Branch Technical Position is based on the Environmental Protection Agency (EPA) cleanup standards which limits the radiation l level to 1.0 mrad / year to the lung and 3.0 mrad / year to bone from ingestion and inhalation and a radiation exposure of 10 microR/ hour above background from direct external exposure. The results of the. I independent analytical analysis from ANL were compared with.the. findings of ORAU during their July 1984 assessment and this comparison showed that the type, form, and quantity of radioactive contamination found on the property owned by Wayne T. Hartley.was unchanged. 7. Exit Meetins i On April 16, 1993, the inspector contacted Mr. Wayne T. Hartley and Ty Hartley by telephone and discussed.the findings of this inspection and the NRC expectation of corrective actions. Mr.-Ty Hartley confirmed that upon receipt of the NRC inspection report he~would make arrangements to restrict the contaminated area of their property and post the area with caution signs. Mr. Ty Hartley also confirmed that he - was in the process of making arrangements to transfer the contaminated soil to an authorized recipient. Attachments: A. Brief Historical Summary B. Report of Analytical Results l L i 4

i d HARTLEY & HARTLEY, BAY COUNTY Environmental Response Division LITIGATION REPORT Brief Historical Summary: = In May of 1966 Fred Kellow of the Michigan Department of Public Health (MDPH) was making a routine inspection of the Hartley & Hartley Landfill's "back 40", when he discovered illegal chemical lagoons and dumping which flowed from Hartley property onto State Land, as well as chemical and solid waste dumped directly onto State Land. In February of 1969 DNR district game biologist Fairbanks discovered i dumping of more than 100 tons of potatoes and pumpkin seeds on State land. Kellow notified the Water Resources Commission (WRC), and Jerome Maslowski of the AG's Office. Here is an exerpt from a 7/14/69 memo to Maslowski: "We reviewed three different disposal operations connected with the Hartley and Hartley disposal facility, some of which appeared to be on Natur-4 al Resources land. "The first area visited was in the northwest corner where oil ponds had been developed to receive oily waste and in the immediate vicinity barrels of oil and apparently other chemicals were being burned out. The empty barrels were crushed and partially covered on ~ a parcel of ground that appeared to be Natural Resources land. The barrel disposal phase of this j operation could possibly be construed to be in vio-L- lation of Act 87. "The second area visited was the existing licensed [_ landfill. Some problems have develcped with surface water pollution...There is a possibility that some of the water which is being intermittently discharged from the excavated trenches is reaching Natural Resources land to the North... "The third area visited was the potato dumping area, apparently on Natural Resources land south of the Hartley and Hartley property. There are possibly two i to four acres of potatoes and pumpkin seeds, some [_ moisture visible, odors present, and a tremendous number of flies. Decomposition has started, and the situation will not improve over the next few months. "Each of these items has been discussed with Mr. Wayne ~ Hartley...the potatoes were to be covered last week... i (and) Mr. Hartley was requested to remove the barrels from Natural Resources land." e A TTACHAfENT A PA GE) off_2-PAGES

Wayne Hartley made verbal promises but exerted no effort to resolve the problems cited. Wayne Hartley also submitted a permit to exchange the "back 40" acres adjacent to the extreme northwestern corner of the landfill for two buffer strips along the western and southern borders of the property. Hartley claimed that he had no access to the back acreage, because the MDNR was demanding that the road that had been illegally buil t be removed. From the late 1960's through the 1970's, the various divisions within the DNR made surveys and investigations into the horizontal and vertical extent of the chemical ~ contamination of the Tobico Marsh area, the extent of wildlife damage (12 acres of trees were killed), and the { possibility of aquifer contamination. Hartley was warned by the DNR and the MDPH to stop illegal dumping and begin cleanup of the estimated 18,500 barrels of unknown wastes, l but Hartley made many promises, made few half-hearted L cleanups, and, for the most part, ignored the warnings and continued to expand the landfill. { In April of 1970, Ken Wilcox of MDPH sent a Notice of Intent to Deny Hartley's Solid Waste Disposal License. Five specific violations were listed, one of which stated l "... refuse on the back property should be properly' handled L and disposed of on Hartley property not on state land." Ty Hartley stated that corrections to State land had been made, but those " corrections" could not be substantiated by MDNR It field personnel. A public hearing was held, and Hartley received permission from the MDPH to continue his operation under a set of 16 stipulations, despite DNR requests to terminate the license. MDNR and MDPH inspections continued, and Hartley continued to operate his landfill in the same manner as he had in the past, accepting hazardous waste for which he was not licensed and illegally storing liquid industrial waste which Hartley & Hartley was licensed only to remove and transport. y It appears that Wayne Hartley would fulfill minor stipulations of the License when pressed. Hartley continued to accept all types of waste, including loQ-level radio-i activity thorium waste from Wellman Dynamics for which he L was not permitted by the AEC/NRC. In September of 1970, seven counts were filed in Bay County Circuit Court against Hartley & Hartley, Incorporated. Hartley and his attorney responded, asking that all charges be dropped, and Hartley's costs be paid by the State of Michigan. In October of 1970, an Order to Show Cause was L, filed in Day County Circuit Court. MDNR and MDPH inspections continued, and licensing applications for solid I waste disposal and liquid industrial waste removal and transport were approved. l lw f l e

e The MDNR inspecting, photo-taking, and report writing continued. Hartley offered a settlement to the State: a transfer of his polluted 39 acres for two border buffer strips along the west and south sides of the current landfill. The Lands Division saw the exchange as a great settlement for the addition to their investment in land acquisition along the Tobico Marsh. In a memo to the Director, "While time does not permit current appraisal, it is obvious that an exchange offering almost double the -a acreage of essentially equal quality lands is in favor of the State, with further imbalance in favor of the State in view of the cited condition which essentially limits the use of the property to be conveyed to those of buffer strip uses... Unfortunately, no appraisal of the land occurred, and the land exchange was approved, but not finalized. Wildlife l Division continued to make poignant pleas as to the distress L. and the damage caused by the Hartley landfill, but staff from other divisions did not concur. In a 1973 memo from C Harris to M Petoskey, Harris stated,"...Certainly we are not in a position to ask the AG... to take action when personnel of the Department are not in agreement..." And so, verifications and counter-verifications were made of staff inspections. 7n October of 1973, Hartley informed J. Bohunsky of the Water Management Bureau that SCA Services, Inc. of L_ Massachusetts now owned the Company, but that the Hartleys would continue to act as managers for the landfill. "(We) should assure you that we at Hartley & Hartley, Inc., are i [ deeply concerned about our environment...We shall continue in our efforts to resolve the problems created in the past and eliminate the open handling of liquids in the future..." Hartley & Hartley slowly began to make steps toward correcting some of the problems the Company had created. In L. December of 1973, the DNR was given control of Solid Waste Licensing, and granted a license to Hartley, in diametric opposition to its former position. And in February of 1974, l a Stipulation was finalized, stating, "...the pending 1 ~ litigation may be terminated by the entry of a consent judgment to be made pursuant to this stipulation and the same may be dismissed with prejudice and without costs to either party..." "This settlement agreement involves a disproportionate i transfer of property which is intended as consideration in full settlement and satisfaction of any and all claims which the plaintiff may have had or may hereafter have arising out of the acts complained whether such acts claims have accrued or accrue hereafter as a result of such past acts, and whether against the Defendant, or against Wayne T. Hartley and Vernellda Hartley, his wife, who have joined in this agreement." = 1

The DNR continued to license the Hartley landfill and grant permission for expansion of the landfill. The Hartleys left SCA Services in 1977, but remained available as consultants. About that time, the MDNR started to tighten down on Hartley & Hartley, refusing to approve NPDES and liquid industrial l waste permits, until Hartley & Hartley made some environmental assessments and cleaned up its lagoons. In March of 1978, staff from the State of Massachusetts notified the DNR that Hartley & Hartley/SCA was accepting hazardous waste from Massachusetts. By May, Paul Chenard, l President of Hartley & Hartley had signed a consent order which set dates for remova? of liquid wastes and limits on various aspects of the Hartley & Hartley operation. SCA agreed to terminate incinerator operations at Hartley & Hartley within "six months", and signed a Consent Order in May, to set the dates for removal of liquid wastes, as well as limitation of various aspects of operation. By June, Dr. L Tanner, MDNR Director issued Hartley & Hartley an Order to Cease and Desist. ~ Although Hartley & Hartley/SCA agreed to certain MDNR requests, dumping continued through the end of 1978. SCA notified the MDNR that they would close Hartley & Hartley in February of 1979. SCA also stated that they would enter L into a two year monitoring program with the MDNR, and SCA submitted a hydrogeological study of the Hartley & Hartley site. A Stipulation and Consent Order for Closure was iL signed in November of 198o. In December of 1982, SCA completed its environmental assessment, and submitted a scope of work plan and a technical proposal for cleanup. After several (16) months of difficult negotiation on the scope of work plan, SCA submitted a " deal" to the DNR: SCA would encapsulate the State's Property, i_f the DNR would eliminate onsite treatment of leachate, air monitoring during construction, and elimination of the clay cap gas venting system. In June of 1984, the DNR accepted SCA's proposal, with conditions. ~ While SCA began work on the encapsulation, SCA's attorneys and the AG's Office worked on the legal agreement. An I Amendment to the 11/80 Consent Order for Closure was signed by SCA in September of 1984, and work was completed on the State's cap by December. I - L. It was at this point that waste Manegement of Horth America, Inc., purchased SCA. D. Sweeney of Waste Management assumed control of the Landfill, and was faithful in keeping the l conditions stated in the Consent Order, although he stated L_ that WM was not legally bound to the conditions of the Consent Order. The $160,000 bond which was held to insure maintenance of the landfill for 5 years was released in June of 1985. e 1

.~ t 4 ~ In MayLof 1985, MDNR field staff noticed outbreaks-of i 1eachate.on the Hartley-& Hartley/WMI' portion of the, landfill, where the liquid was flowing over-the road and into a culvert, and a leachate pool was seen adjacent to the L State Property. The cap was repaired. The NRC also [ determined that filtrate from the wells should be analyzed annually for radioactivity, commencing on the November 1985 sampling event. r E.C. Jordan was hired by MONR to perform a Remedial Investigation, and the report was submitted in September of 1985. Leachate was again observed on the Hartley & Hartley/WMI encapsulation in March of 1986. D. Schultz of MDNR asked J. Passeno of WMI to investigate the situation and advise MDNR of actions to be taken to repair cap in accordance with the i l Amendment to Closure Order.- Passeno replied that WMI considered the agreement between SCA and MDNR expired, but '~ would repair cap. l In May of 1986, the MDNR recalculated and reduced the Hartley'& Hartley site score from 737 to 725. In July, the Tax Lands Division notified the MDNR that the buffer strip properties exchanged by Hartley and the State _would revert back to the State in 1986. i In May of 1987, the MDNR hired GZA/D to define the scope of work for the State-owned portion of the Hartley Site,.using j the work already completed by E.C. Jordan. l ? GZA/D is completing its work, and the site is awaiting final remediation. .The remediation appears to consist of an extension of the clay encapsulation, 200 feet beyond its present position, and some type.of leachate treatment The treatment will be part of the remediation in an effort to produce twofold benefits: a reduction in the hydraulic head i j within the cap, and as an incentive to WMI to install treatment in their encapsulation, j 7 ? L. l l k r .C

[ g HARTLEY & HARTLEY, INCORPORATED BAY COUNTY O Environmental Response Division LITIGATION REPORT ' August 14, 1989 e Chronological Summary 10/11/55 EPA Report of 05/16/83: As early as 1955, two lagoons had been excavated at the Hartley & Hartley site, reached by vehicle off Beaver Road, both lagoons containing substantial amounts of standing liquid. Adjacent to Lagoon A is an elongated excavation, containing no liquid, but spatially related to activity occurring at the lagoons. 1 06/08/62 Articles of Incorporation, Hartley and Hartley, Incorporated, Kawkawlin, Michigan. m 07/23/63 EPA Report of 05/16/83: Since the previous photograph in 1955, seven new lagoons have been developed, ~ and the original lagoons are still in existence. 09/07/64 Articles of Incorporation, of Bell Pick-Up Service, 7 Inc., Grand Rapids, Michigan (later to become SCA Services, Inc.) 1964 Michigan Annual Report: Hartley & Hartley, Kawkawlin i m 1965 Michigan Annual Report: Hartley & Hartley, Kawkawlin Tri-County Sanitation Company, Inc., Detroit n 05/23/66 F.B. Kellow of MDPH was making a solid waste disposal survey of Bay County and discovered that the Facility was not meeting Act 87 requirements, as well as = receivireg liquid wastes, chemicals and oils from the Dow Chemical Company. The wastes were being lagooned and spread at the northern end of the property. Kellow sent a memo to Ralph Purdy, of the Water Resources Commission. 06/30/66 Meeting: Jerome Maslowski, Ass't AG; John Bohunsky, Water Management Bureau; Arlow Boyce and L. Davenport, Game Division; to discuss the Tobico Game Area. DNR had been contacted, and Region II (Roscommon) surveyors began a survey to determine the extent of the dumping. Some = of the dumping was on Hartley & Hartley land, and waste flowed onto State land, as well as some dumping directly onto State land. The Water Resources Commission and MDPH were in the process of making determinations for the cleanup of the dumped wastes. DNR personnel were planning an inspection of the site. Hartley had been advised that the State was aware of the violations. l 7

L l.4 .~ 1966 Michigan Annual Reports: Hartley & Hartley, K5Wkawlin Tri-County Sani tation Services, Inc., Detroit 02/67 Application for the Exchange of Lands with the State of Michigan by Wayne and Vernellda Hartley. 09/07/67 MDPH Inspection of Hartley & Hartley by R. Sass: j " Dike on north side of landfill site is allowing seepage L. into trench areas. A greater clay barrier may be required. A small accumulation of water was noted on bottom of trench. Existing site reconditioned to conform to state law. Noncompliance with requirement to protect ground and surface ~ water. 1967 Michigan Annual Reports: Hartley & Hartley, Kawkawlin Tri-County Sanitation Services, Inc., Detroit 01/23/68 Dick Bissell of the Geological Survey Division (GSD) inspected the site. He determined that the upper sand unit was capable of transmitting waste, and was concerned that shallow wells and septic systems could be affected. He also stated that there was a possibility of the waste ~ traveling through the sand and intercepting the surface water, thereby causing damage to the fish and wildlife in the area. There did not appear to be any danger to deeper freshwater supplies. 05/06/68 Memo from R Hadfield, MDPH, to B Bloomfield, MDPH; regarding a complaint from the Bay County Health Department for smoke and fire at Hartley & Hartley. "Mr. Hartley's operation for the disposal of liquid wastes, including large quantities of oil from refinery spills and pipeline breaks, consists of ponding in a lagoon and burning in the open... We feel that gross violation of the State Air Pollution Act results from this method of disposal " 05/07/68 IOC Notice of a Board of Determination Meeting, regarding deepening of Indiantown Drain, 05/08/68. 05/10/68 Letter from T. Fairbanks, Dist. Biologist, to W. Rosebush, Bay County Drain Commissioner, restating the MDNR position regarding drainage near the Tobico Marsh, and suggesting 3 alternatives to the Drain Commission's proposal. 06/11/68 Articles of Incorporation, Commercial Removal, m Inc., Southfield, Michigan. 09/68 Appraisal Report Summary 1968 Michigan Annual Reports: Hartley & Hartley, Kawkawlin Tri-County Sanitation Services, Inc., Detroit w

01/29/69 Letter from L. Holmes, AQD, to T Hartley;' scheduling a meeting to discuss the Air Pollution rules and regulations for 02/06/69. 02/24/69 Memo from N Johnson. Biologist, to K Kidder. Asst. Reg. Manager; District Biologist T Fairbanks reported Hartley is in trespass on state land, disposing of potatoes and various kinds of industrial waste, and newly constructed building may be on state land. Fairbanks and Smith of Law Div., want a survey to establish property lines. Note: Kidder said he will have a survey crew available in approximately 2 weeks. 04/25/69 Articles of Incorporation. Seely Investment Corporation, Detroit, Michigan, (later to become Metro Disposal) 05/09/69 Bell Pick-up Service, Inc., Acquired Issued Shares Status of Authorized and Unissued Shares 05/09/69 Letter from B Bloomfield. MDPH, to o Mitchener; in answer to a complaint about H & H air pollut;,r chat the ~ burning is under investigation, and is in vioi of Act 87. 05/19/69 Bell Pick-up Service, Inc., Change of Registered = Office and Resident Agent 05/26/69 Letter from B Bloomfield, MDPH, to A. Howell;'in m answer to a complaint about H & H air pollution, advising that Hartley is building an incinerator, and this method of handling liquid wastes should not present further problems. 05/28/69 MDNR permit issued for Hartley incinerator, with 4 criteria for operation. 06/03/69 MDPH Activity Report; H&H is burning liquid wastes and causing a smoke problem. Hartley is planning on installing an incinerator to be in operation by September. Talked with complaintants and informed them of H & H plans. ~ 06/11/69 Letter from T. Prawzdik. District Game Biologist to L. Davenport, Habitat Development & Management; Hartley wanted the land surveyed for the property exchange. During the surveying, illegal dumping onto state land was observed along an unauthorized road built of crushed chemical waste i barrels on state property. An estimated 3 acres in the SW corner of NE 1/4 NW 1/4 sec 25 had been used as a dump for liquid industrial wastes and barrels of liquid wastes, and all lowland brush in the SW 1/4 had been killed by the chemicals. According to Prawzdik, "...the state land is already bolluted to the point where I feel we shouldn't spend any more money purchasing land or developing it in this area."

L L. 06/12/69 Telegram from C. Harris to Bangor Twp Supervisor H. Bacon, stating that the MDNR cannot permit the discharge of water from the landfill onto state land in -the Tobico Marsh area. u 06/18/69 Memo from D. Douglass. Game, to R. Purdy, Bureau of Water Management; Suggestions for a survey to determine the extent and seriousness of trespass and damages to state land from Hartley & Hartley operations, before damages recovery is initiated. ~ 07/02/69 P.Rearick, Memo to files: Inspection of Hartley & Hartley industrial waste disposal and H & H trespass on state land. Bob Parker of WRC took samples and is in the process of setting up test wells and a sampling program to determine horizontal and vertical extent of pollution. C. Harris meeting set with J. Maslowski of AG's office. 07/08/69 Meeting: Jerome Maslowski, Ass't AG; L. Davenport, A.

Boyce, D.

Douglass, Game Division; C. Harris, DNR Director's Staff; J. Byerlay, GSD; P. Rearick, Parks ~ Division; F. Kellow, MDPH; to continue discussion. Surveys of the Hartley & Hartley property showed apparent groundwater and surface water pollution. Extent and position of Hartley & Hartley trespass dumping and burning was surveyed. 07/10/69 Memo from L. Davenport, Habitat Development to D. Douglass, Game; Kellow of MDPH phoned Hartley and informed him that "...he would be required to bury or remove all of the solid materials that he had dumped illegally on state ~ land... According to Mr. Kellow, Mr. Hartley agreed to our proposal... (and) also agreed to remove all of the oil drums and other material that he had placed on state-owned lands and to repair the dike around the pond where he pumped the drainage waste from his sanitary landfill to prevent it from flowing onto state-owned land." Water samples had also been taken at this time. 07/10/69 Memo from P. Rearick, Special Services, to J. Maslowski, Asst. AG, regarding trespass on Tobico: "I observed the barbed wire fence had been cut, rolled back, and the opening then used to construct a roadway just west of the north-south line fence on state land. At the end of I the road there was a dumping area with many crushed drums = and containers that had been recently burned. In f act, some were still burning when we arrived...a considerable amount of this material was pushed over the property line and on state land... adjacent to the gateway was a shallow pond used for burning industrial waste oils...(which) had either been overfilled or had been collecting storm water until...it had = w

L IL overflowed onto state land...it is very urgent that'* pollution...be stopped at once or we are in serious danger of losing very valuable recreational values in both Tobico and the Park." ~ 07/17/69 Memo from V. Sargent to J. Byerlay, regarding industrial and oil waste disposal into Hartley & Hartley. L-07/31/69 Report from John Byerlay, GSD, to Jerome Maslowski, Ass't AG, confirmed contamination of groundwater and surface water. Surface water and test wells on State land indicated high levels of total chlorides, and acres of trees surrounding the ponds appeared to have been killed by brine. Downward migration of the brine may contaminate underlying aquifers. Byerlay recommended halting all brine disposal on ~~ Hartley & Hartley property. 08/01/69 Minutes of Interdepartmental Meeting with Hartley regarding Tobico Game Area and trespass. = 08/12/69 Memo from G Gregg Deputy Director, Parks, to B Dodge, Chief, Parks; access to Tobico game area should be secured. 08/19/69 Memo from D Douglass, Chief, Game, to C Harris, Deputy Director, Resources; Acquisition of the Hartley's 40 acre tract necessary to prevent vandals from destroying facilities, m 09/03/69 Memo from A. Boyce, Game to C. Harris, Resources Management; Attorney General Snyder had not received a reply from Hartley or his attorney since 08/01/69. Legal action ~ would proceed if no reply was received by Friday. 09/04/69 Memo from T. Prawzdik, Dist. Biologist to L. Ruch, Game Division; Hartley stated that before the area is cleaned up, the surveyor has to show them their property lines. Prawzdik stated,"Since the area is polluted and the soil is rather sandy, I wonder if we can justify buying this parcel of land." 09/09/69 Letter from Hartley to MDPH requesting licensing applications for their trucks, and enclosing a copy of their license certificate. 09/19/69 Letter from J Wood, Hartley atty, to W. Snyder = Asst. AG; "We have found that the State is trespassing on approximately eight acres of land which belong to Hartley & Hartley, and this property appears to be fenced in and with signs 'No Trespassing' thereon." Wood suggests that a meeting be held to resolve the situation, ASAP. m

r L. ~l 10/01/69 J. Byerlay, GSD, seconds AG W. Snyder's L. recommendation that the MDPH revoke Hartley & Hartley's license. 10/01/69 Memo from W. Snyder, Asst. AG, to O Harris, Deputy ~ Director; "Mr. Wood superficially treats the boundary problem but fails to seriously consider the more important aspect; namely, the alleged contamination....I would personally recommend...that the Health Department revoke the license to use this as a dumping ground or waste disposal area. This would be the simplest method..." 10/14/69 Notice from C. Harris to general staff involved with Hartley; a second meeting called for 10/29/69 with Hartley attorney J. Wood. 10/14/69 IOC from A. Boyce, Game, to J. Bohunsky, Water Resources, recommending that Bangor Township landfill not be allowed to discharge water into the Tobico Game area. 10/20/69 Memo from E. Childs to J. Bohunsky; discussing the impact of both Hartley & Hartley and the Bangor Twp., ~ 1andfills on the Tobico Game Area. 10/29/69 Minutes of Interdepartmental meeting; "Hartley will abandon NW 40 acres. They are looking for a new site and cMpnct to vacate in approximately one year (this is in regard to solid waste disposal)...the trespass problem will be resolved by Game...Kellow will inspect site again. Hartley will clean up mess on State land. Solid waste disposal will be terminated in one year." ~ 11/69 PDPH inspection of Hartley & Hartley; violation and noncompliance for protection of ground and surface water, landfill cover and vermin control. 11/04/69 Letter from J Bohunsky, Engineer, to H.

Bacon, Bangor Twp Supervisor; regarding 10/30/69 meeting at which agreement was reached that no landfill operations could be permitted at or below the groundwater level.

11/18/69 R. Had# 1 eld, MDPH, notified Hartley & Hartley that the new trench excavated for disposal of waste was not suitable, because groundwater was seeping into it. 12/29/69 Hartley & Hartley application for license to remove and transport liquid industrial waste. 1969 Michigan Annual Reports: Hartley & Hartley, Kawkawlin Tri-County Sanitation Services, Inc., Detroit Seely Investment Company, Detroit Commercial Removal, Inc., Southfield w I

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01/06/70 Hartley & Hartley application for license' to L. remove and transport liquid industrial waste approved. 01/06/70 MDPH Activity Report; office person-stated that the daily progress reports indicate that the waste incinerator installation is on schedule, and should be completed by the end of January. 01/16/70 Memo from A Boyce, Game, to C Harris, Deputy e Director; regarding Minutes of 10/29/69 interdepartmental meeting with Hartley & Hartley. Discussed boundary lines, disposal of liquid waste and oil industry wastes, solid waste disposal, and MDPH landfill re-licensing, Hartley removing solid wastes from State land within one month, no discussion of restitution of damage to state land. O2/02/70 Memo from W Shapton, Deputy Director to T.

Yoder, Regional Mgr; joint resolutions between State and Hartley:

no more liquid wastes disposed in pits, incinerator in operation by mid January,'70 and all liquids to be burned stored in tanks, all steel drums, containers and chemicals removed from State property and area filled and leveled. ~ All solid wastes disposed according to license, water accumulating within diked-in waste area to be burned in incinerator. Bangor Twp problems also discussed. O2/23/70 Memo from Karl Kidder to Craig Smith.. Law and Tom Prawzdik, Dist. Biologist; agreement was reached between Hartley & Hartley and MONR regarding liquid and solid wastes. No more liquid wastes disposed in pits, incinerator would be in operation and burnable liquids would be stored in tanks, and all steel drums, containers and chemicals would be removed from state land and pits would be filled and leveled. Solid waste handling would be disposed of as specified by Act 87, and any water accumulating within solid waste disposal area would be disposed through the incinerator, not by allowing it to seep into the ground surface. 03/09/70 MDPH Nuisance Report by R Sass, Burning smoke and odor, also "...noted two piles of potatoes disposed of on surface of the ground... no cause for action." m 03/12/70 Memo to Karl Kidder, Ass't Regional Manager, DNR from Craig Smith, District Law Supervisor; and Tom Prawdzik, District Game Biologist; with Peterson, Fish; and e Conservation Officer Dunkel. Smith et al inspected Hartley & Hartley to find that the methods and standards required for cleanup had been ignored. Drums were still being dumped on State land, and liquid waste was still being received. Smith suggested a court order to spell out the conditions of cleanup With appropriate deadline. ?

r m *** 03/13/70 Articles of Incorporation, Bay Dust Control, Inc., Bay City, Michigan. 03/16/70 Kidder responded to Smith et al that-a lettei detailing corrective actions should be sufficient. A court ~ order could be secured later if action was not taken. 04/07/70 Memo from Prawzdik. Dist. Biologist to N.. Johnson, Regional Biologist: Hartley requested that the State fencing that was on Hartley property be removed, and that a new fence and signs be installed, as well as the line officially marked by surveyors. 04/12/70 Ken Wilcox, Director, MDPH sent a Notice of Intent to Deny Hartley & Hartley's Landfill License. 04/13/70 IOC from A Boyce, Game, to D Douglass, Chief, Game; Boyce made an inspection of the Hartley landfill 04/08/70 accompanied by a Michigan-Out-of-Doors photographer and received permission to enter the property before going in. Boyce noted: incinerator and tanks installed, but not working: trespass area mostly covered, but no evidence of drum removal: continued use of road to 'back 40' and continued dumping in area not regulated by landfill permit; burning of refuse, in violation of Act 87; refuse not covered; landfill compartment used did not have impervious clay dike: pool at the north end of compartment contained considerable amount of floating and submerged garbage and refuse; Prawzdik and Smith reported Hartley still disposing of liquid wastes contrary to previous agreement. 04/15/70 C.D. Harris, Deputy Director-Resources Management requested that the MDPH revoke Hartley & Hartley's landfill license for this area, on the basis that Mr. Hartley continued to disregard compliance. 04/17/70 MDPH Inspection by R Sass; violation and noncompliance regarding protection of groundwater, final cover, burning, vermin control. t 04/21/70 Certified letter from MDPH to Hartley & Hartley with a Notice of Intent to Deny. 04/23/70 Telegram from H Young, WRC to Hartley & Hartley; "According to the terms of your license...only disposal by incineration is approved. We also make reference to our agreement of 08/01/69 requiring termination of disposal of liquid waste on the ground at your site. It was evident on 04/22/70 that you had not complied with either our agreement or terms of your license. You are hereby ordered to cease and desist all methods of disposal other than incineration..." e Q

a L 4: L. 04/24/70 Letter from H. Young, Oil Pollution Contrbl to Ty Hartley; " Deputy Director... agreed to allow you, until July 1, 1970, to take such remedial measures as may be necessary to provide assurance against any future... pollution...a representative of the MDNR will call upon you at least once ~ a week and examine your progress toward total correction... 1 If there is evidence at any point... that suf ficient progress j is not being made, we will have no hesitancy whatever to proceed with appropriate legal action... u L 04/24/70 Memo from W. Shapton, Deputy Director, to T.Yoder, Regional Mgr.; Field Inspections of Hartley and the Bangor Twp dumps should be made weekly, fire patrol aircraft check the area at every opportunity and report illegal dumping, and reports should be submitted to Game in Lansing. 04/24/70 Letter from C Harris to Ty Hartley; "At the 08/01/69 meeting you were presented with a ' Requested action to repair: Trespass and Pollution Damage.' Number 3 of that request stated 'All metal and other solid wastes be removed from state land. The oil oe burned, the pits filled I !~ Number 3 is referring to the trespass... Covering steel drums and graded with soil from the area, and the fence repaired.' and other materials deposited in these areas will not be considered acceptable compliance...(the requested action also stated) 'that the radio antenna...(and) the parking area be removed from state land... (and) that a settlement be negotiated to make restitution for the damages done to state land by chemical pollution.'...All vegetation.on 11.641 acres have been killed by... chemical infiltration from your dumping operations...Recent inspections have indicated further violations...and no indication of any steps taken to comply...the MDNR is setting a deadline date of 07/01/70 and will expect complete compliance..." i 04/28/70 IOC from C. Smith to O Bennett, Law: reauesting a 6 field order outlining standards and designating inspectors for Hartley. ,L 04/28/70 Memo from 8 to Lee; advising that the WRC has j been receiving complaints of extensive open burning at H & H despite the fact that the incinerator is supposed to be operational, and working well. i 04/30/70 Memo from K. Kidder, to Smith, Law, Prawzdik, Biologist, and Forgie, Fire; outlining instructions for = inspection of Hartley & Hartley and Bangor Twp Landfills. i 05/01/70 Trespass and Pollution Case against Hartley & Hartley, Inc., by MDNR personnel 05/05/70- Ty Hartley stated that the corrections had been made, and asked that a date be set if a public hearing was necessary.

L l = 05/07/70 Memo from K Ostling, Reg. Surveyor to N Johnson, Reg. Biologist, advising that the survey crew completed the south line of the section, brushed 3 to 5' wide along this line, and placed pickets on the true corners. i 05/08/70 Memo from Smith, Law, to Kidder, Asst. Regional Mgr.; regarding Hartley Weekly Inspection of May 6: No L-further dumping of liquid wastes, some drums removed from state land but some left at depth of 6-7', radio antenna and parking lot still on state land, burning of waste in open pits at least twice in 2 weeks, material blowing away from Hartley's, Hartley responding in complaint that material was blowing away from Bangor Twp and Bangor was not covering solid waste daily. t_ 05/14/70 Memo from J Bohunsky, Engineer to T Yoder, Reg. Mgr.; requesting a copy of the weekly field reports of Hartley & Hartley and Bangor Twp dumps. 05/14/70 IOC from C Harris, Deputy director, to R Purdy, Deputy Director: Dow Chemical requested a set of Hartley water samples to analyze and will make all analyses results available to the department. 05/15/70 Maurice Reizen, Director MDPH sent a notice of Public Hearing to Hartley & Hartley, and attorney Victor Meier of Williamston, MI, was designated as the arbitrator. 05/18/70 LOC from K Kidder, Asst Reg Mgr to J Bohunsky, Engineer; replying that a copy of the weekly surveillance report will be sent. 05/19/70 Memo from Craig Smith, Law, to O. Bennett, Law; Hartley Weekly Inspection: liquid level.in pits appears to be down and no further dumping, state land dumping area seeded and growth looks good, radio antenna and parking lot still on state land, Hartley obtained burning permit from Bangor Twp. 05/70 Hartley & Hartley Commercial Dump Operators Trespass and Pollution Case 05/28/70 Memo from C Smith. Law to O Bennett, Law; Hartley's Weekly Inspection: no liquid waste dumped into pits, trespass dumping on state land completely cleared up = and considered closed, radio antenna and parking lot still on state land, burning not discussed. m 06/02/70 Memo from C Smith, Law to O. Bennett, Law;. Hartley's Weekly Inspection: no significant change since the last report, some scum on top of water in open pits, and W

L C.O. Dunkel reports,"I do believe that the general bondition of the dump is looking a little better every time that I go out there." 06/05/70 MDPH letter to Hartley, confirming the ~ postponement of the hearing to 06/24/70. 06/10/70 Memo from C Hartman. Law, to O Bennett, Law; Hartley has seeded the trepass area, antenna and pole still on state land: foreman advised CO Dunkel that Hartley was in Lansing trying to make exchange on 40 acre plot. ~ 06/16/70 IOC from C Hartman, Law to O Bennett, Law; radio antenna and black topped parking lot still on state land; pits are not being used for liquid waste, and incinerator has been down for repairs. General appearance of landfill has been improving. 06/16/70 Letter from Hartley to H Young, WRC; requesting listings of: Act 87 licensed haulers, licensed incineration sites in Michigan, and listing of WRC employees by Region. ~ 06/22/70 Letter from H Young to Hartley forwarding requested infermation. 06/24/70 Memo from C Smith, Law to O. Bennett, Law; Hartley's Weekly Inspection: "no change in the status of the Hartley operation...'The general appearance is looking better each week, they are removing old car bodies and covering old barrels on their lands'...The parking area portion and the antenna remain unchanged." ~ 06/24/70 Hearing in Lansing: MDPH stated that its intention was not to close Hartley & Hartley, but to extract compliance, and to assure future compliance. Ralph MacMullan, DNR Director, submitted a report requesting that = Hartley & Hartley's license not be renewed. MacMullan's statement not allowed as part of Hearing Testimony. Statement on Behalf of The Director of MDNR, R MacMullan: After giving a brief history of the Hartley landfill, MacMullan states: Numerous inspections and negotiations have been made with Hartley and Hartley, Inc., over several years, and by past actions it is apparent that "...there is no indication that this company has any intention of correcting the trespass and pollution damage to adjoining state property and of operating the solid waste disposal = process as prescribed by Act 87...We are, therefore, requesting that the application of Hartley & Hartley, Inc., to operate a sanitary landfill in Sec. 25, Kawkawlin...not be approved.' = W

L i = 06/30/70 Memo from C Smith, Law, to F Dunkel, Law:' reauesting a final report by 07/03/70, commenting on the antenna, operation of the incinerator and its effectiveness, and attitudes of the management. I i 07/07/70 Memo from C. Smith, Law to 0. Bennett; Final Inspection of Hartley Property: Incineratior operating i "without objectionable effluent", general cleanup of the L-area continued, radio antenna and parking lot on state land unchanged. Not all conditions set by Mr. Harris met. 07/07/70 Ralph MacMullan, DNR Director, wrote a letter to Dr. Maurice Reizen of the MDPH expressing extreme disappointment that the DNR's statement regarding the Hartley & Hartley site was not accepted as part of the ~~ Hearing record. And MacMullan stated that if Hartley & Hartley continued violations, the DNR would request the AG take legal action against the firm. 07/07/70 Hartley & Hartley submitted a license application i with necessary bonding to the MDPH. 07/10/70 V. Meier. Hearing Examiner, listed 16 stipulations to Hartley & Hartley's license application renewal. 07/14/70 Richard Sass, MDPH. inspected the landfill and cited compliance actions that would need to be completed before 07/21/70 so that the license could be reinstated. 07/14/70 Ralph MacMullan, Director DNR, submitted several questions to Dr. Reizen, MDPH, about the stipulations given for Hartley & Hartley's license renewal, and firmly stated, ~ "We are certain that no solid waste disposal license can be issued..." and that issuance of a license would be unacceptable to the DNR. 07/14/70 Memo from O Bennett to A. Boyce requesting to be advised of further action to be taken by the Regional Manager's office D7/21/70 Dr. Reizen. MDPH, to R. MacMullan DNR, further ~~ qualified the stipulations for the Hartley & Hartley license renewal application, and explained why the DNR's statement was not accepted as hearing testimony. Reizen stated that the MDPH would issue Hartley & Hartley's license, because groups in the Bay-Saginaw-Midland Counties area were in the process of developing a regional plan which would eliminate the need f or Hartley & Hartley-type operations. ~ 07/22/70 Hadfield and Sass. MDPH; J. Byerlay, GSD; A. Boyce, Game; inspected Hartley & Hartley and found several areas of'non-compliance. Hartley refused to allow them to -~ take pictures of the landfill.

.L .~ j 07/22/70 Information from Hartley on the number of' gallons L. of liquid waste received by the company and from whom. 07/23/70 A. Boyce. Game, to C. Harris. DNR Deputy Director that trespass area on State Land had been covered with sand and seeded and that "Mr. Hartley admitted that not all of the barrels have been removed, and I would strongly doubt if any of the the barrels have been removed." 07/24/70 Fred Kellow, MDPH, in a memo to the files stated that D. Sass had called to inform the office that Hartley & Hartley had covered the landfill 07/24/70. 07/29/70 Memo from Milton Firestone, AG office, to Fred Kellow, MDPH. suggested three stipulations to the Hartley & Hartley license, and suggested any other requirements deemed necessary by the MDPH be included in the license. 07/30/70 Memo from J. Byerlay, GSD to R. Hadfield, MDPH, regarding degree of compliance with landfill regulations, and migration of contamination. Byerlay recommended that a L clay dike be constructed along the perimeter of both Hartley & Hartley and the Bangor Township landfills and that both be required to cover the refuse with a clay-silt mixture to reduce continued contamination of the marsh and eventually Lake Huron. 07/30/70 Memo from A. Boyce, Game to C. Harris, Deputy Director, regarding 07/28/70 Conference on Hartley & Hartley, involving Attorney General's Office. MDPH. MDNR, and Bureau of Land & Water Mgt.. Kellow from MDPH and ~ Firestone from AG Health explained-the situation concerning the Hartley Public Hearing, and were ready to issue Hartley another license under Act 87. Game Division was firm on its stand against issuing the License. The outcome of the meeting was that the Asst. AGs from MDPH and MDNR would come to an agreement as to whether the license should be issued. 07/30/70 Memo from A. Boyce to C. Harris, report of trip to Hartley Landfill. 1 07/31/70 MDPH granted Hartley & Hartley a solid waste disposal license with stipulations. 08/10/70 Memo from W Shapton, Deputy Director, to T Yoder, Reg Mgr.; requesting strict surveillance of the Hartley & Hartley operation and documentation of any violation. 08/11/70 Fred Kellow, MDPH requested Dan Wurzburg make two inspections weekly of the Hartley & Hartley site. 08/12/70' Memo from R. Hadfield to John Vogt of MDPH informing him that Jerry Maslowski, Ass't AG is filing suit ~ against Hartley & Hartley to secure payment for damage done to State property.

L \\ L i 08/13/70 Letter from S. Simmons of Wellman, Inc., requested k the MDPH to grant permission to bury O.5% thorium in Hartley's landfill in accordance with Atomic Energy Commission regulations. L 08/18/70 Memo from W Shapton, Deputy Director, to T Yoder, Reg Mgr.; Requesting that the elevation of the groundwater be determined to establish the direction of groundwater movement by 09/01/70, for preparation of a complaint. 08/20/70 R. Sass MDPH, inspection found fill not covered or compacted, and industrial slag dumped on "back forty"; Hartley ordered to correct violations (see 11/17/83 USNRC). 4 08/20-21/70 Analytical results of sampling event showing high chlorides, sulfates, some high ammonias, some high iron. 08/24/70 R. Sass MDPH, inspection found deficiencies corrected, and magnesium shavings in rear of property. Referred to State Office MDPH because magnesium is a fire hazard (see 11/17/83 USNRC). 8/28/70 R. Sass MDPH, inspection, magnesium burned with his approval (see 11/17/83 USNRC). 09/01/70 Pilot F VanSimaeys' flight observations of Hartley & Hartley operation. u. 09/02/70 R. Sass MDPH inspection, advised Hartley to grade refuse to the surface of daily cover, and to devote better care to daily cover. 09/02/70 Letter from J. Camburn of MDPH to S. Simmons of ~ Wellman Dynamics Corporation stating that the radiation from the thorium sludge was exempt from registration because of its low level activity, and could be buried at Hartley & Hartley. 09/02/70 Memo from O Bennett to A Boyce, Game; enclosing a copy of the pilot's observations during the period 08/17/70 to 09/01/70. 09/04/70 Letter from M Smith, MDPH, to Ty Hartley; advising that the permit to incinerate is granted when the incinerator is operational and working well; since the H &H l incinerator appears to be working well, the permit was granted, but an emissions study may be conducted in the l future. 09/04/70 R. Sass MDPH inspection found site to be in compliance. h

.i_ l a 09/04/70 R. Richardson, 35th District State Senato} to R. MacMullan DNR Director; requesting a report on the plans the DNR has to correct the pollution situation at H & H. Richardson also enclosed a copy of Michigan Out-Of-Doors article citing problems. 09/08/70 R. Sass MDPH inspection required more cover at edge of fill. 09/10/70 Bay County Circuit Court Charges filed, 7 Counts. 09/10/70 Letter from citizen to WRC demanding that Hartley be prosecuted. 09/11/70 Letter from F Frost, Engineer, to G Schneider, MSU; requesting assistance to determine whether pollution of the State's waters exists. 09/14/70 Memo from R Purdy to C Harris; advising that samples of the groundwater in the Tobico area were taken, and samples were split with Dow Chemical. 09/14/70 R. Sass MDPH inspection cited sides of fill not being compacted or covered. 09/14/70 Activity Report MDPH; D Rector, complaint of incinerator emission odor like ether, also a complaint of fly ash-like material. 09/16/70 Memo from A. Boyce, Game to Troy Yoder, Region II; a complaint was filed in Bay City Circuit Court on 09/11/70 in behalf of the MDNR. 09/18/70 R. Sass MDPH inspection cited an improper ledge being created, and compaction and cover not in compliance. n 09/22/70 R. Sass MDPH inspection cited improper compaction and cover at edge of fill. w 09/25/70 Letter from Phillip Hart, US Senator, to R Purdy. requesting information, findings and views of the Tobico pollution, following inquiry by citizens. 09/25/70 R. Sass MDPH inspection cited side of fill not properly covered or compacted. Majority (90%) of barrels removed. = 09/30/70 Answer to Bay County Circuit Court complaint by Hartley, asking that all charges be dismissed, and costs be awarded to him. b

L. ~ L l i j 10/02/70 Memo from C Harris to R Purdy, advising that A L. Boyce has been requested to write a memo outlining Dow Chemical's request for split-sampling at the Hartley site. 10/05/70 Memo from A Boyce to R Purdy outl:.n~ 3 the reasons ~ for Dow Chemical's concern with the Hartley t and suppling the names of Dow personnel requesting split-sampling. 10/09/70 Order to Show Cause filed in Bay County Circuit Court, scheduled 10/26/70 with attached proof of service. 10/14/70 Bay City Times article; Hartley denied landfill in Kawkawlin because the zoning of the area prohibited it. Hartley would have to petition for rezoning of the area with a special use permit from the Zoning Board of Appeals. 4 10/14/70 R. Sass MDPH inspection cited no compaction or daily cover at edge of fill. 10/17/70 R. Sass MDPH inspection cited no compaction or daily cover at edge of fill; no confinement of paper (saran); inadequate daily cover over fill. 10/19/70 R. Sass MDPH inspection found daily cover being provided, but needed additional cover, and edge of fill i violations now in compliance. 10/23/70 R. Sass MDPH inspection found landfill to be~in compliance with Act 87, and Sass recommended that license be i issued. ( ~ 10/27/70 R. Sass MDPH, inspection found Hartley & Hartley to be in compliance with Act 87. 10/30/70 Memo from T.Prawzdik Dist. Biologist to N. Johnson, Regional Biologist; re:Tobico Trespass Settlement Meeting of 10/26/70. "We were disappointed as to how this trespass matter is being handled. Before we can ask for i fair restitution for the chemical damages we need to know what chemicals were dumped...There should have been a meeting with the AG's office before the meeting with Hartley's lawyers. We should have insisted that all pollutants be removed and...the land restored to its ^ original condition..." 10/30/70 Letter from R Purdy to US Senator Hart; advising ~ him of the Hartley & Hartley operation, and the current situation at the Tobico Marsh. 11/03/70 State MDPH granted Solid Waste Disposal License to Hartlev & Hartley, including previous stipulations. m

L.- 1 t L l 11/04/70 R. Sass MDPH inspection found operation i'n -L compliance. 11/09/70 R. Sass MDPH inspection found operation in [ compliance. 11/09/70 IOC Details of MPSC license violation for one of Hartley's trucks. I L., 11/09/70 IOC from M Babcock. Law, to C Harvey,WRC; follow-up of 11/08/70 investigation of Hartley's unlicensed liquid hauler, suggesting that Hartley's other trucks be checked for licensing, urge Hartley to license the truck, check other records to see that they were in order, advise that a failure to license one vehicle might jeopardize licensing on all other vehicles. 11/17/70 Seely Investment Company, Certificate of Amendment to the Articles of Incorporation, amending the name of the corporation to Metro Disposal, Inc. 11/25/70 R. Sass MDPH inspection found existing fill area nearing capacity. Hartley & Hartley building new area in compliance with blue prints dated 07/13/70. 12/17/70 Letter from W.W. Henry & Co. American States Insurance, requesting forms to renew Hartley & Hartley bonds. Note: Hartley was telephoned and advised that a continuation certificate is sufficient, no form needed. 1970 Michigan Annual Corporation Franchise Reports ~~ Hartley & Hartley, Kawkawlin Tri-County Sanitation Services. Inc., Detroit Seely Investment Company, Detriot Bay Dust Control, Inc.. Bay City Commercial Removal. Inc., Southfield 1971-1972 Budget Request for Tobico Marsh State Game Area 02/24/71 Application for License to Remove and Transport Liquid Industrial Waste submitted. ~ 03/08/71 Letter from L. Davenport, Game to F.Kellow. MDPH, with MDNR four stipulations to prevent further damage to state lands and water resources to be added to Hartley's Act 87 License. 03/10/71 Memo from J Cosens to J Bohunsky; regarding the proposal by Hartley to expand the landfill, (as no other suitable location could be purchased by Hartley.) using a clay keyed dike to enclose their operation, and prevent any further contaminated groundwater migration. I

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L-03/18/71 Letter from F Kellow MDPH to W Hartley; forwarding MDNR O2/18/71 letter regarding H &H site development.

03/22/71 Memo f rom T.Pr awzdik. Biologist, to N. Johnson Reg. l;L, Biologist; re: Hartley trespass investigation. Hartley incinerator did not appear to be functioning correctly, and Hartley was dragging his feet in state land reparations. 5 .i-03/24/71 Application for License to Remove and Transport l Liquid Industrial Waste approved. f 03/26/71 Memo from T Hicks to J Cosens, et al; regarding l the developments at Hartley & Hartley. The State property was not being used in any way, the incinerator was burning at 20% capacity, no oil or liquid waste was being deposited in the ponds. Hartley & Hartley was operating within the i restrictions of its license. 03/29/71 Memo from N. Johnson to A.Boyce, Wildlife re: [ Hartley Trespass; reporting that Hartley has not corrected j the Trespass by the prescribed date, and asking that the AG's office be consulted. 04/05/71 Memo from A Boyce, Game, N Johnson, Biologist; advising that if Hartley doesn't correct the situation, the Wildlife people should go to the AG. 05/11/71 MDPH Activity Report: Burning at landfill (uncertain whether H & H or Bangor Twp) producing heavy smoke and acrid (insecticide?) smell, not the first time i this spring. 05/24/71 Memo from D. Dennis to the files; Upon a visit to I Hartley, Dennis observed that the company is receiving only i hydrocarbons, and the incinerator is operating at.about 20% capacitv. Hartley plans to install additional facilities to incinerate blood, and'possibly toxic wastes from the plating industry. Hartley has also been licensed by the MDPH to haul septic wastes. 05/26/71 Letter from F Kellow MDPH to T Hartley, forwarding i a copy of HB4212 which amends Act 87. 1 06/01/71 Bay Dust Control, Inc., Certificate of Amendment to the Articles of Incorporation. l 06/03/71 MDPH Activity Report: observed no visible emission from the liquid waste incinerator. 06/15/71 Permit to operate Liquid Waste Incinerator

• approved by Air Pollution Control Division, along with I

conditions for incineration: that a sample of the material to be disposed be analyzed for composition and estimated products of combustion, and maximum particulate emission limi t of 0.10 pounds per 1000 pounds of flue gases. I

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.~ 06/28/71 Letter from WW Henry Insurance Company re' questing L. bond forms for H & H. 07/26/71 Memo from T Hicks to J Cosens/J Bohunsky; reporting positive results of a demonstration by Chem-Fix to ~ treat liquid sludge with chemical additives to prevent leaching. L. 07/30/71 Pretrial Conference Scheduled before Judge Leon Dardas. 08/31/71 Surety Bond, National Indemnity Company, for Hartley & Hartley. 09/02/71 Stipulation for Adjournment, for a date later than P-10/30/71, to be set by the court. 09/02/71 L Thornton MDPH inspection citing blowing papers which needed to be cleaned up, and " Site greatly improved." 09/10/71 Letter from J Bohunsky. Engineer to Ty Hartley, "We (MDNR) would like you to know that the MDNR rega.-ds the ~ Tobico Marsh Game Area as an extremely valuable refuge area for wildfowl...Our records reveal that we have been in contact with the company on numerous occasions as a measure to resolve items considered to be a threat to the marsh area. Notably, there was firm agreement to discontinue use i of two ponds for the disposal of oil and other chemical i materials...We are requesting that the company fulfill its earlier commitments...In the event that the company fails to fulfill its commitment...we will have no alternative but to t direct this matter to the Water Resources Commission for... action...We will continue to maintain close surveillance...and will expect substantial progress..." 09/21/71 Hartley & Hartley application for Solid Waste Disposal License. 09/29/71 R Sass MDPH inspection, citing improper daily cover and compaction, but recommending license approval, and allowing burning of Magnesium waste in an isolated area away from landfill. 10/12/71 Memo from A. Boyce to T. Prawzdik, asking that the Deputy Director be informed of Hartley & Hartley's progress in cleaning the site and establishing the new landfill. 10/21/71 Solid Waste Disposal License approved by MDPH with stipulations. 5 f [ r i

L 10/29/71 Memo from T. Prawzdik, Dist. Biologist, to C. L. Harris, Deputy Director: On inspection of the Hartley site, little effort had been made to fill / restore sites where vegetation had been killed by chlorides, and a pit and a y borrow pit had been filled with oil from a Standard Oil Loss in the Saginaw River, although an agreement with the MDNR stated that no more liquid wastes would be stored in pits. The product was to be burned in the incinerator. 11/03/71 Letter from C Harris, MDNR, to F Kellow, MDPH: advising that Hartley has been storing oil removed from the Saginaw River in pits, and questioning whether this action was permitted. ~- 11/10/71 Letter from T.Prawzdik to J. Maslowski Asst. AG, re: recent condition of Hartley disposal facility, inspected 11/09/71, and a memo from Prawzdik to C Harris, Deputy Director, advising him of the report. 11/11/71 Memo from L Vahovick to J Bohunsky et al, describing the investigation of oil storage and the disposal of oil from the Standard Oil loss of 10/07/71. Hartley did not have enough storage room for the waste oils, and pumped them into a pit. Hartley stated that thir oil would be removed within one week, and burned in the incinerator. Some of the oil did leak to another pond through a breach in the dike, and this oil has been removed and burned whenever it accumulates in one area. 11/11/71 Memo from R. Shaver, WRC to H. Young, WRC: Shaver's report of his inspection of the ponding of oil at the Hartley property 11/10/71. 11/17/71 Memo from L Thornton, MDPH, to D Dennis, KDNR: forwarding letters regarding the Hartley site. 11/23/71 Letter from W Snyder, AG, to F Kellow, MDPH: forwarding T Prawzdik's 11/10/71 memo. 11/23/71 Memo from D Dennis to C Harris WRC: forwarding a brief report of Hartley & Hartley. ~ 11/24/71 Memo from R Shaver to H Young WRC, regarding differing reports of Oil contained on the Hartley property; Prawzdik' reported that he could not see a break in the dike. but Hartley stated the leak was from seepage through porous = material in the dike (now repaired). The oil sludges would be removed from the pond, chem-fixed, and landfilled. Mr. Vahovick's report does not correlate with Shaver's, so Shaver checked with Hartley, and his figures are correct. Shaver assumes that Vahovick also means no lasting pollution effects were present, but there certainly was surface ~ pollution.

L .~ 'DPH; 11/29/71 Letter from FB Frost, WRC, to Lee Jager, M advising that Hartley is disposing of PCBs from the Chevrolet Parts Plant in Bay City. I ~ g 12/10/71 Memo from J Robinson, WRC, to J Hesse, advising that Ty Hartley of H & H called requesting information for complete destruction of PCBs, as GM had contacted H & H to i dispose of 1.6 million gallons of wastewater containing L-30,000 gallons of PCB-laced oils. Robinson referred Hartley to Lee Jager. 12/13/71 MEMO from Lee Jager to B White, advising that H & H was considering receiving PCB-containing oils from GM Bay 7 City, and Jager was concerned that the H & H incinerator wasn't adequate to destroy PCBs. Hartley should be advised ~~ that they must obtain clearance from MDPH before burning any new materials, and Hartley must submit a sample of the material and burning plans for review. 12/14/71 Memo from T. Prawzdik to A. Boyce, Game; comments on Hartley's oil storage in tanks. "Hartley probably knew he couldn't get permission to store oil in his old pits, so he did it anyway hoping no one would check his operations... We were disappointed about the entire (Standard Oil) clean up operation...and the lax attitude of people in charge..." 1971 Michigan Annual Reports: Hartley & Hartley, Kawkawlin j Commercial Removal, Inc., Southfield Bay Dust Control, Inc., Bay City Metro Disposal. Inc., Roseville, Macomb 01/04/72 C. Harris DNR Deputy Director, to M. Reizen MDPH, advising that a land exchange is involved in a settlement regarding pollution damage. L 01/19/72 R Sass MDPH inspection citing that layout operation does not conform to plan, paper is not confined, and " lumber and other wood products presently being disposed of at the rear of the property". 01/19/72 Letter from M Reizen MDPH to CD Harris. MDNR; explaining the MDPH understanding of the Hartley landfill plans, stating "...no waste will be permitted in an undiked area...We do not feel we are in a position to force Hartley & Hartley to construct the impervious dike around the entire l perimeter of the area if they plan to operate only within = the confines of the individually approved cells..." O2/01/72 Letter from Hartley & Hartley requesting liquid industrial waste removal record forms. 02/08/72' Application for License to Remove and Transport Liquid Industrial Waste.

L: L .~ l 02/14/72 L Thornton MDPH inspection ci ting unconfined 'L paper, inadequate daily cover, and dike of cell no. 1 i needing to be extended, because of questionable protection 1 of the surface water and surface water drainage. i 02/16/72 Letter from L Thornton MDPH to P Schubert. H&H; j discussing the citations of the inspection. 1 l 02/16/72 Memo from D Rector, MDPH to B White et al; requesting that a quantitative analysis of the liquid waste currently burned at incinerators in the district be analyzed i .L for the specific parameters listed. i 02/25/72 Application for License to Remove and Transport Liquid Industrial Waste approved. O O2/28/72 Memo from J Vogt to L Kline MDPH forwarding a redraft of O2/28/72 letter from M Reizen MDPH.to D Law, House of Representatives, and Law's original letter to Reizen 01/27/72 requesting reasons MDPH granted H & H's Solid Waste Landfilling License. O2/28/72 Letter from M Reizen MDPH to D Law. House of Representatives, explaining the situation at H & H, I emphasizing the improvements made at the site, and the need for assistance in the legislature for sound solid waste laws I 03/03/72 Chem-Trol Pollution Services, Inc., of Wilmington, Delaware, Certificate of Incorporation. 03/15/72 MDPH Activity Report. B White; left a list of i questions for T Hartley, no visible emissions from incinerator. i 03/28/72 Chem-Trol Pollution Services. Inc., of New York i merged into Chem-Trol Pollution Services, Inc., of Delaware j i 04/04/72 MDPH Activity Report. B White; incinerator not in i operation. l t 04/05/72 Report from T.J. Powell and G.H. Whipple of l University of Michigan School of Public Health as a Radiological Survey of the Bay City Facilities of the i Wellman Dynamics Corporation. The levels of contamination at the Wellman Plant were well below the Atomic Energy Commission's guideline limits, and Powell and Whipple = recommended that all waste thorium on the premises "be disposed of by burial in accordance with the AEC regulation...and your agreement with the Michigan State Department of Public Health." m ]

i- .~ 04/14/72 Letter from S. Simmons, Wellman Dynamics,-to L nobert tavfield. uSntC; stating that thorium bearing waste was disposed of by burial under AEC regulation, and other thorium alloy and scrap has been transferred to Wellman's Creston. Iowa facility. 04/19/72 MDPH Activity Report, B White, J Sebenick; q incinerator not operating; observed permitted open burning of magnesium metal. 07/06/72 Memo from J-Shauver to W Turney et al; Hartley requesting approval to build several storage lagoons to hold liquid waste until they can hire Chem-Fix to process the waste and landfill it on Hartley property. Shauver requesting a date for a meeting to discuss it. 07/07/72 Letter from Shauver to Hartley informing him that the meeting date will be July 14, 1972. 08/31/72 Notice of cancellation of Hartley's Surety Bond by National Indemnity. 09/12/72 Application for Solid Waste License Submitted. 10/04/72 R Sass MDPH inspection stating Hartley operation is in compliance. 10/17/72 Letter from W Snyder, Asst AG. to Wood, Hartley atty, requesting an official position with respect to the settlement that had been proposed, else Snyder will request a Pretrial. ~ 10/26/72 Memo for A.Boyce to M.Petoskey, Wildlife Chief; considerable time elapsed since AG's office received a reply from Hartley attorneys on settlement of court case; Boyce asking Petoskey to encourage AG's office to take necessary action ASAP. 10/26/72 Surety Bond for Hartley & Hartley issued by Aetna Insurance Company, retroactive to 08/31/72. 11/15/72 Solid Waste Disposal License issued by MDPH, with stipulations. 11/21/72 L Thornton MDPH inkpection citing inadequate protection of ground and surface water, paper cover, surface water drainage, period of cover and cover maintenance, burning at rear of property, and " refuse being pushed into water in trench." 12/04/72 Memo from T Carlson, Biologist, to L Ruch, ~ Wildlife; regarding parcels of land that would be appropriate for the development of the Tobico Wildlife Area.

~. ^ L 12/07/72 Memo to the Director MDNR, regarding the Hartley 1. exchange: "While time does not permit current appraisal, it is obvious that an exchange offering almost double the acreage of essentially equal quality lands is in favor of the State, with further inbalance in favor of the State in view of the cited condition which essentially limits the use of the property to be conveyed to those of buffer strip t uses... 12/08/72 Director's Approval to exchange land with the Hartleys. 1972 Michigan Annual Corporation Franchise Report Hartley & Hartley, Inc., Kawkawlin Bay Dust Control, Inc., Bay City ( Commercial Removal, Inc., Southfield Metro Disposal, Inc., Fraser, Macomb Tri-County Sanitation Services, Detroit, Wayne 01/18/73 MDPH Activity Report. B White; managers not i present at H & H, no observation or evaluation made. 01/30/73 Application for License to Remove and Transport i ~ Liquid Industrial Waste. 02/16/73 Application for License to Remove and Transport Liquid Industrial Waste Approved. l 02/22/73 MDPH Activity Report, Knight; incinerator not in operation. News Release, undated, SCA Services,Inc, buys Hartley. 03/01/73 Bay Dust Control. Inc., Bay City Change of i Registered Office 03/23/73 Memo from T.Prawzdik, Dist Biologist to N. Johnson, Regional Biologist, regarding 03/21/73 inspection l of Tobico Wildlife Area: Hartley was still dumping liquid l waste and rubbish into old pits he had agreed to fill with dirt. 03/26/73 Memo from T.Prawzdik, Dist Biologist to N. ~ Johnson, Regional Biologist, regarding 03/23/73 inspection of Hartley property with Bob K( ttner of Dil Pollution Control; Hartley's staff was using a vacuum truck ~to suction oil off state land and from oil-filled pits on Hartley property. The foreman said that the pool would be filled in ) with wastes. Another pool to the north had been filled in, and it contained burned rubbish that was still smouldering. j i I 2a-r m

L 'W 03/28/73 Memo from L. Davenport Wildlife, to W Snyd'er, Asst. i., AG. regarding inspections of Hartley & Hartley. " Enclosed are copies of two on-the ground inspection reports...It appears from these reports that Hartley & Hartley, Inc. is y either still or again violating both Act 87 and 136... After all the good faith promises we have had from Hartley, which have not been kept, perhaps the possibility of reopening the court case against Hartley should be considered before the ou t-of-cou r t settlement is finalized." 03/29/73 MDPH Activity Report, B White; investigation conducted to determine materials incinerated. Hartley told that other incinerators employing wet scrubbers, but Hartley stated he just wouldn't burn liquids which would create particulates. Hartley wants to establish an in-house lab to ~ analyze waste streams. 03/29/73 Memo from B White, MDPH to Charl, requesting a copy of all material in H & H permit file. 03/30/73 Memo from B White to D Rector, MDPH; advising that H&H submits monthly records of waste removal to BWM/DNR which are available for copying. 04/24/73 Letter from B White, MDPH, to T Hartley; advising that emissions testing may be required, and remindidg that information on waste stream analysis must be subbitted prior to disposal (minimum parameters listed). Random inspections will occur to obtain samples of liquid wastes in holding tanks for independent analysis. ~ 04/24/73 Memo from M Koryto to Air Staff; advising available records from liquid waste incineration companies. 05/01/73 MDPH Activity Report, B White; Obtained a sample of liquid waste for incineration at Hartley, for analysis. 05/10/73 Letter from T Hartley to B White, AQD; advising that a sampling procedure has been devised for the liquid waste holding tanks, that equipment is being reviewed for analysis of waste stream, and interviews are being conducted for in-house lab personnel. 05/11/73 Memo from A Boyce to M Petoskey, Wildlife; Hartley & Hartley has been sold to SCA Services, Inc., of Massachusetts represented in Michigan by Ecol Resources of Grayling. 06/19/73 Circuit Court Dismissal, by Judge Leon Dardas 06/21/73 Memo from T.Prawzdik, Dist Biologist to N. Johnson,' Regional Biologist, regarding Tobico inspection on ~ 06/19/73; Prawzdik found a pit near the edge of Hartley

L l-. i property adjacent to State Land which was being filled with L refuse and burned. The pit contained considerable oil, and was capable of overflowing onto state land. Two other pits were constructed and contained considerable oil, all outside [ the area approved as sanitary landfill. Hartley had agreed i to have these pits pumped out and filled with soil approximately two years before, and Hartley had.not done so. Prawzdik suggested,"I feel it is time we contacted the new owners and find out when they plan to stop polluting the ground water table in the Tobico Marsh State Game Area." 06/21/73 Memo from T Prawzdik, Biologist to A Boyce, Wildlife; regarding Mrs. Hamme who wants to build a seawall in front of the Tobico lot along Saginaw Bay; she was advised to contact Bangor Twp, and submit a written statement. 06/27/73 Invoice from Hartley to MDNR for services rendered in cleaning up Sanford spill 06/12/73 for $586.24. 06/28/73 IOC from M Petoskey to C Harris; suggesting that "we should take positive action through the AG's office immediately. We have been involved in negotiating a land exchange which was approved by both parties for over a year. 06/28/73 Letter from W Snyder, Asst AG, to R Wood, Lands; advising Wood of the lawsuit and the settlement negotiation of property exchange which had been agreed upon but not finalized by the State. Snyder suggests that the finalization process be completed. ~ 06/28/73 Memo from N Johnson to A Boyce. Wildlife regarding Prawzdik's inspection of the Tobico Area, and Hartley & Hartley; requesting that since Hartley has not complied with their agreement for clean up, and appears to continue violating solid waste regulations, Hartley's new owners, SCA Services should be informed that the state does not intend to allow continued damage to the Marsh, or violation of disposal regulations. 06/29/73 Memo from R Shaver to D Dennis, advising that the invoice from Hartley & Hartley will be paid by Harold Freer i of Sanford, Michigan, and all future bills will be billed to him. \\ ~ 07/12/73 Letter from C Harris to J Maslowski Asst AG; advising that the DNR has had problems with Hartley & Hartley for several years, and field staff are gathering i evidence to support any claim made of damage to state land or resources, and asking AG staff's advice on this matter. l t S 1 r r -- + x

L. ~ L- -j 07/18/73 Memo from A Boyce to M Petoskey; Boyce tdok the

• L records of the Hartley case to Asst AG Freeman, and Freeman stated that as long as the MDNR continues to license Hartley, the AG's Office can do very little.

.A uniformed officer will accompany T Prawzdik on future inspections to ensure Hartley's compliance. 07/19/73 Letter f rom W. Snyder Asst. AG to J. Wood. Hartley L-atty.;"In the past, you will recall our discussions centered around the use of prototype liquid incinerator which... should be utilized as often as possible rather than storing such wastes so close to state lands. I would appreciate if you would confirm that the new company (SCA) is fully aware of the past problems created by the storage of pollutants in close proximity to the state owned land..." i 07/24/73 Memo from K Ostling, Surveyor, to T Prawzdik, Biologist; Ostling's crew investigated Hartley's complaint that the State was trespassing on Hartley property, and reported that there was no basis that State signs encroach on Hartley's lands (by 50 feet), and the Game Area signs were well within State property. 07/24/73 Memo from T.Prawzdik. Dist Biologist to N. Johnson, Regional Biologist, regarding 07/19/73 Hartley i Inspection; two of the pits still contained oil, and one was filled with refuse. Prawzdik observed that it appeared to him that cardboard was dumped directly onto the oil-filled pit, and then the pit was-filled with refuse, and was not pumped clean before filling. Hartley manager stated the pit was pumped before filling, and that an area Hartley had agreed to cover will not be covered, because that will be ~ Hartley's as a part of the land exchange. "I see no reason why waste filled pits that continue to pollute the ground water table of tho surrounding state land cannot be cleaned up immediately." 07/31/73 Memo from A. Boyce to T. Prawzdik, requesting Prawzdik to make a biweekly inspection and report of the Hartley property until further notice. 08/02/73 IOC from C Harris, to M Petoskey; the Bureau of ~ Waste Management made an inspection of Hartley's Operation, and their findings were not in agreement with T Prawzdik's j findings. "Certainly we are not in a position to ask the s AG... to take action when personnel of the Department are j not in agreement..." 'l 08/02/73 Memo from Petoskey to Harris: Petoskey requested -{ that A Boyce contact Asst AG Freeman to determine what punitive action may be pressed against Hartley, and as long as the WRC continues to license Har tley, nothing can be pursued. Petoskey seconds Freeman's opinion that the matter be forwarded to the Director. 2 w-r .3 y

1 l 08/08/73 IOC from C Harris to M Petoskey, 08/28/73 date for L. joint inspection of Hartley & Hartley by Bureau of Water Mgmt set; T Prawzdik should be present, and differences of opinion should be straightened out regarding the seriousness [, of pollution potential for the adjacent state-owned marsh. 08/08/73 Letter from F Kellow MDPH, to W Hartley; advising that pallets, cardboard and demolition materials currently

L being burned at the rear of the property can be burned only on a schedule approved by the local Fire Department.

08/10/73 IOC from R Hadfield, Solid Waste, to J Cosens, BWM, requesting copies of all correspondence from Hartley & Hartley. 08/16/73 Memo from J Cosens to J Bohunsky; a joint staff ~ inspection of the Hartley property / operation was held on 07/30/73, to determine compliance of the operation, and judgment relative to further migration of chemicals to the Tobico State Game Area. Two diked areas contained a caustic chemical awaiting chem-fixing. There was no indication of any migration of liquids to Tobico waters. Staff was pleased at the tremendous improvement in appearance and maintenance of the operation, with no further destruction of vegetation, and some indication of new growth taking place. Hartley intended to dike the entire property as soon as he was notified by the AG's office of the finalization of the property transfer, to ensure no migration of contaminants would enter state land. 08/17/73 Letter from D Dennis to T Hartley; advising that all substances must be removed from the surface of ponds and ~ disposed of. Oil soaked earth must be removed and properly disposed of, and a copy of construction plans for the liquid industrial waste storage lagoons must be forwarded to Dennis. 08/21/73 Memo from A. Boyce to T. Prawzdik, confirming the staff inspection of August 29, 1973 of the Hartley operation. 09/04/73 Memo from J Bohunsky to D Dennis; requesting that Dennis check into the matter of Hartley's payment for services rendered at the Sanford spill, as Hartley & Hartley had not yet received payment. i 09/07/73 Field inspection notes, 08/29/73, a 1/10 acre pond was full of oil from the 1971 Standard oil spill. There was one dead seagull, and evidence of others along the edges. This is in direct opposition to P Schubert's 10/71 statement that the pond would be abandoned as soon as the oil could be removed. Schubert said that he had been given verbal m

L ~ I permission to use the pond by WRC, but could not na'me the employee. The pond was unsealed, and below water level in direct violation of Act 136. This pond and others on the I property were close to their capacity, and could overflow l the tops. The solid waste disposal cell in use had pipes and hoses at its north end, and visible drainage patterns went to the north directly onto the game area, despite statements by P Schubert to the contrary. These items were in direct L-violation of general operating conditions stipulated by the MDPH. A tankload of slaughterhouse blood was dumped in the solid waste cell, and rubbish had blown from the landfill onto the marsh area. Schubert stated he wouldn't clean up ' ~ ~ the area until it had been covered with topsoil and seeded. 09/10/73 Letter from J Bohunsky WRC, to T Hartley; acknowledging the 08/29/73 inspection, and requesting that two ponds be immediately infilled with clean soil as discussed at the inspection as "...The existence of ponds containing sizable quantities of oil and other hazardous materials remains a threat to wildfowl in this area..." ~~ 09/14/73 Memo from J Bohunsky to J Cosens; all future inspections will be done by J Cosens and T Prawzdik. Other personnel's needs will be satisfied by a copy of the memo Cosens will prepare detailing the events of each inspection. After Hartley's satisfactory compliance with the items pointed out at the time of the August 29th meeting, D Dennis will resume the inspections. 09/27/73 Chemical analyses of Bangor Twp Dump water samples by WRC. 10/01/73 Memo from John Cosens WRC, to J.

Bohunsky, Engineer; Cosens summarizes the " progress at the time of f

this inspection...' and discusses plans for Hartley's L-intentions for elimination of pond contents. "Both Tom Prawzdik and I feel that progress is being accomplished and their total long range program will... eliminate the potential of degradation to the Tobico State Game Area. In reviewing the files I find the commitments obligating the Hartley firm to fill in the ponds, but I do not see any time schedule. Their present progress, and anticipated future progress, appears reasonable..." Note: asbestos fibers used in fill. 10/08/73 Letter from Hartley & Hartley to J.

Bohunsky, Water Management Bureau, which identifies SCA Services, Inc.

as the " parent organization", and "should assure you that we ~ at Hartley & Hartley. Inc...are deeply concerned about our environment...We shall continue in our efforts to resolve the problems created in the past and eliminate the open handling of liquids in the future." w ~

- L. e L i-10/10/73 Memo from Petoskey to Bohunsky: Hartley intends to L. use soil from the buffer strip to build a dike between j Hartley and state property. According to the Stipulation, there is to be no development or use of the buffer strip. L 10/15/73 Application for Solid Waste Disposal License submitted. 10/23/73 Letter from T Tucker, Lands, to J Wood, Hartley atty, the exchange has been forwarded to the Lands Acquisition office, and all seems to be in order, except the abstract does not clear the mortgage. Attached is a copy of the State Deed, tax agreement, and closing costs chargeable to Hartley. 10/25/73 Memo from Prawzdik and Bohunsky to Harris et al; advising that the work at Hartley will not be accomplished by the November 1 deadline, but appears to be earnestly in progress. Prawzdik and Bohunsky recommend no additional action be taken against Hartley, and that Cosens continue to make inspections. 10/31/73 IOC from Harris to Bohunsky; concurring that no further action be taken against Hartley as long as continual, on-going progress is maintained. 11/02/73 R Sass MDPH inspection operation in compliance; "ninety percent of oil sludge pit now covered...(and) will all be transferred to fill area by early winter of this' year..." t .~ 12/04/73 MDPH Activity Report; complaint by Mr. Breza, of "very bad" white fog hanging over road. 12/05/73 Berlin & Farrow Notice of Hearing, Air Pollution Complaint, and Proposed Order for Corrective Action. 12/10/73 Letter from P Schubert. H&H, to L Thornton, l MDPH; forwarding the bond, and informing that the landfill will be operating in cells 1 through 4. 12/11/73 Application for License to Remove and Transport Liquid Industrial Waste submitted. { 12/12/73 MDPH Activity Report, B White; incineration not in operation until after first of year; full time chemist now employed to perform in-house analysis of liquids; H & H currently working to improve incineration methods;. smoke on i 12/04 caused by a broken nozzle, problem lasted 45 minutes; revisit needed on a sampling program; revisit needed f or sampling. 12/17/73 Solid Waste Disposal License issued by MDtJR (previously issued by MDPH). s

L { 12/18/73 Letter from F Kellow MDPH to P Schubert, h & H: L forwarding the H & H License, and returning the bond with the incorrect amount, as the corrected bond had been l received. I ~ 1973 Securities and Exchange Commission Annual 10-K Report and Exhibits of SCA Services, Inc., of Delaware, naming Hartley as one of its companies. 1973 Michigan Annual Reports Metro Disposal.Inc., Fraser Hartley & Hartley, Inc., Kawkawlin ~ Commercial Removal, Inc., Southfield Bay Dust Control, Inc., Bay City SCA Services of Michigan, formerly Tri-County Sanitation Services Inc., Elmhurst, Illinois 01/07/74 Application for License to Remove and Transport Liquid Industrial Waste approved. 01/25/74 Memo from J. Cosens WRC to J. Bohunsky WRC; progress report on Hartley: Cosens detailed the progress, ,~ and states," Tom Prawzdik and I are again pleased with progress and it appears that the matters which concerned everyone at the 08/73 visit are being corrected and are about finalized..." Cosens suggests that because of the new owner's change in facility services, the surveillance of the facility be diverted to the Oil Pollution and Solid Waste sections, but suggests Prawzdik accompany them because of his familiarity with the facility. 01/29/74 Memo from J Bohunsky to D Dennis: WRC imposed pollution control measures are nearing completion at Hartley & Hartley, and Dennis should review the facilities with Cosens to determine whether all agreed upon control measures have been satisfactorily completed by Hartley. 02/04/74 Tax agreement between Hartleys and the State of Michigan so that taxes for the remainder of the 1974 year will be paid by the new owners of each parcel. 02/04/74 Application for Certificate of Authority to Transact Business in Michigan, by Chem-Trol Pollution Services, Inc., of Delaware. STIPULATION State of Michigan vs Hartley & Hartley, Inc., File no. 6369 Section 8: = "...the pending litigation may be terminated by the entry of a consent judgment to be made pursuant to this stipulation and the same may be dismissed with prejudice and without costs to either party..." "This settlement agreement involves a disproportionate transfer of property which is intended as consideration in full settlement and satisf action of any and all claims J

L, i which the plaintiff may have had or may hereafter have 3 L. arising out of the acts complained whether such acts claims have accrued or accrue hereafter as a resu.lt of i such past acts, and whether against the Def-endant, or against Wayne T. Hartley and Vernellda Hartley, his wife, g who have joined in this agreement." 02/12/74 MDPH Activity Report, B White; Hartley is seeking alternatives to burning waste, and the incinerator was not in operation. H&H is working to recover volatiles and chemically fix acids and bases. MDPH wants to estimate current emissions and establish a reasonable emissions limit. 02/28/74 Memo from W Shapton to C Yoder; requesting action -~ ini tiating a survey to be made according to the out-of-court settlement between Hartley & the State. 03/01/74 Letter from S Hunt of SCA Services, Inc, to MDNR; advising that Hartley, a subsidiary of SCA and Chem-Trol, a subsidiary of SCA will be merged, but company personnel, services, and equipment will remain the same. 03/05/74 Memo from J Shauver to J Cosens et al; the cleanup conditions to which Hartley agreed are nearing completion, although it will take some time for one of the conditions to be completed. The case will be forwarded to the Oil & Hazardous Materials Control staff. 03/08/74 Application for Licenso to Remove and Transport Liquid Industrial Waste submitted. ~ 03/21/74 Application for License to Remove and Transport Liquid Industrial Waste approved. 04/15/74 Letter from J Shauver DNR to SCA; informing that = since Hartley & Hartley has a solid waste disposal license, as a Division of Chem-Trol, Hartley does not have to apply for another, as long as the same personnel and equipment are responsible for the landfill. But the change in name should be reflected in the 1975 license. 04/16/74 Metro Disposal, Inc., Change of Registered Office and Resident Agent. 04/18/74 MDPH Activity Report, White; observed haze from incinerator, and took slides; H & H shut down incinerator. 06/02/74 Metro Disposal. Inc., and Commercial Removal, Inc., and City Disposal. Inc., Certificate of Merger into Bell Pick-Up Service, Inc. ~ -

L L 06/19/74 Memo from D Carlson to R Miller; detailing meeting L at which the PBB problem /possible disposal methods were discussed. 06/25/74 Warren Trucking Service Company, Certificate of Merger into Metro Disposal, Inc. 07/08/74 Letter from P Schubert, Hartley, to DNR; advising that Hartley disposed of waste oil from Fisher Body Plant by utilizing some for dust control, and incinerating the rest. 06/25/74 Memo from D Carlson to R Miller; Agrico Chemical Company's pesticides may be filtered through activated ~ carbon, the carbon incinerated, and the liquids injected into deep wells. 06/26/74 IOC from D Carlson DNR to B White: advising that highly brominated still bottom wastes are being incinerated at H &H, and since brominated compunds are good fire retardants, cold spots may occur in the incineration. Friedman of the FDA requests samples of wastes burned at H & H as well as vegetation samples from agricultural areas nearby. 07/10/74 IOC from N Johnson to J Butterfield; infor. ming that the land survey has been made, and the fencing materials have been provided to Hartley. All work under W Shapton's field order is complete. 07/10/74 MDPH Activity Report, B White with Marwan Khuri; sampled vegetation in state game area NW of H & H; incinerator was not operating. ~ 07/12/74 Letter from B White, MDPH to D Friedman, FDA; forwarding still bottom wastes from MI Chemical Company, vegetation samples, and map showing locations of the samples. 07/25/74 IOC from J Bohunsky to F Kellow, MDPH; advising effluent limit criteria for Bangor Twp Landfill. 07/31/74 Memo from Wood and Tucker, Lands, to Petoskey, Wildlife; advising of recently acquired interests in Tobico State Game Area. 08/02/74 Letter from R Courchaine WRC, to Hartley; regarding toxic wastes accepted by Hartley from Agrico Chemical Company. The wastes must be properly stored, treated and disposed. Request that information regarding H & H procedures be submitted within 15 days. W

L., i L. 08/14/74 MDPH Activity Report, B White; incineratof smoking at 9 am, shut down immediately afterward; 4:30 pm, observed w similar smoking, and incinerator shut down again. Observed similar smok.ing 08/15/74 from I-75. ~ 08/21/74 MDPH Activity Report, B White; observed smoke from the incinerator; Manager P Schubert inquired whether the incinerator should be shut down. The quality of liquids being received made it difficult to achieve adequate combustion. The smoke cleared during the investigation. 08/29/74 MDPH Activity Report, B White; complaint from R Reichenbach; a black, sandy abrasive substance falls during the night, and has occurred 3 or 4 times this summer.

Also, H& H has orange-colored smoke emissions.

09/05/74 MDPH Activity Report, B White with D Carlson; discussed potential requirements on reporting wastes received to born. Observed 80-100% opacity at 9:30 am, white smoke plume. 09/24/74 Memo from B Kettner to files; the three remaining pits are enclosed by dikes; areas which were pits at one time appear to be free of oil pollutants, and ducks and geese were swimming in them; four chemical processing pits exist: two are clay lined, used for liquid storage for lime treatment of acid waste, two have a rubberized liner, currently empty, to be used for acid wastes. Schubert stated that water levels are maintained lower than ground water levels, preventing percolation outside the dike. (see 11/04/69) ~ 09/24/74 MDPH Activity Report, B White; complaint, L Abernathy, Hartley & Hartley incinerator filling the sky with black smoke. 10/15/74 IOC from W Shapton to T Yoder, requesting an inspection of the Hartley & Hartley operation before winter. The Wildlife Division Chief would like to accompany the inspector. 10/24/74 IOC from J. Butterfield to T. Prawzdik, requesting { an inspection of the Hartley & Hartley site, the Tobico Area, and the Bangor Twp Landfill, by R Shaver, J Butterfield Asst Regional Mgr, and M Petoskey, Wildlife p Chief. t 10/24/74 MDPH Activity Report, B White; complaint, Mrs. ( Clare Coutune; Hartley emissions look white at the stack, but turn black. The emissions were "very bad" in'the morning, and the plume stretched out for miles. H & H burns more at night and in the early morning. k se w ~ v-- y m r

L. 10/24/74 R Sass MDNR inspection citing that the op'eration i does not conform to plan on file; sludge disposal area abandoned, with final cover to be installed within 30 days. [ 11/05/74 Letter from B White, MOPH, in T Hartley; advising that there have been numerous complaints of irritating and objectionable odors and heavy smoke emissions which are in violation of the rules of the Michigan Air Pollution Control Commission (MAPCC), and that unless steps are taken,towards compliance, legal action will begin. Requesting submission of a plan to bring emissions into compliance by 11/20/74. L 11/07/74 Memo fro, R. Shaver to D. Dennis, WRC; reporting a joint WRC/MDNR inspection of the Hartley facility, advising progress. " Considerable evidence of solid wastes exists in a low area of the Tobico Marsh State Game Area immediately adjacent to the east Hartley & Hartley and to the north Bangor Twp solid waste landfill property lines. Mr. Schubert (VP/ manager of Hartley) states this condition is a result of a washout of the protective dike of the two northernmost cells of the Bangor Twp landfill following large amounts of rainfall in August. There is ample evidence of rather recent repairs to these cell dikes... evidence of material similar to that deposited in the Tobico Area is not apparent in either cell at this time." 11/08/74 Memo from T Prawzdik to N. Johnson, Regional Biologist; advising that approximately 5 acres-of state' land has garbage on it due to the breakage of two dikes in the i Bangor Twp landfill. Prawzdik and L. Thornton MDPH are arranging a meeting with the Twp Supervisor to request that the garbage be cleaned up, and the dikes be reinforced to prevent another episode similar to thic one. 11/20/74 Letter from P Schubert, Hartley, to B White, MDPH; I

== edvising that the plan to bring emissions into compliance consists of in-house chemical analysis of waste streams, and requesting clients to separate waste streams. H&H is m currently conducting a feasibility study to_ determine the type of stack equipment best suited for its operation. F 11/25/74 IOC from B White, to R Miller, requesting status of the Division's letter to Waste Incinerator Operators. 11/25/74 IOC from R Miller to B White, advising that Hartley should be pushed for the installation of a scrubber, as are all incinerators in the state. A meeting is scheduled with the MDNR Liquid Waste Hauler Licensing staff I to require generators of waste to provide analysis of waste. M -v

{' lL 12/16/74 Memo from CD Harris to F Kellow, requesting that someone from his staff ensure that Bangor township correct the problem stated in the 11/Ob/74 memo from T Prawzdik. 12/17/74 Letter from F Kellow MDPH, to T Prawzdik MDNR, t confirming a meeting with the Bangor Twp supervisor ~ regarding the garbage on state land, and informing Prawzdik-that Kellow planned an inspection of Hartley & Hartley on 12/23/74. 1974 Michigan Annual Reports Metro Disposal, Inc., Elmhurst, Illinois Commercial Removal, Inc., Elmhurst, Illinois Bay Dust Control, Inc., Bay City Tri-County Sanitation Services, Inc., Elmhurst, Illinois 01/03/75 Letter from L Thornton MDNR to P Schubert, H & H; advising of problems with the surety bond, and requesting that the problems be resolved. 01/06/75 Memo from F Kellow to CD Harris MDNR; regarding the refuse on state property attributed to Bangor Township ~ in a 11/08/74 memo, "Mr. Prawzdik indicated to Mr. Thornton at their recent meeting that he now feels the materials on - t state property he observed earlier probably came from the Hartley & Hartley operation adjacent to the Bangor Township property..." 01/23/75 Memo from R. Kettner.WRC to R. Shaver, WRC; detailing the monthly inspection of the Hartlay operation. ? 01/27/75 Hartley & Hartley, Inc., Certificate of Merger into Chem-Trol Pollution Services of Delaware. 01/28/75 Application for License to Remove and Transport Liquid Industrial Waste submitted. 02/11/75 Letter from L Thornton, MDNR, to P Schubert, H&H; advising that surety bond paperwork is still incor rect. \\ 02/13/75 Letter from T Toal. Aetna Insurance Co, to L ~ Thornton, MDNR: submitting the corrected copy of the { Continuation Certificate. i 02/19/75 Solid Waste Disposal License issued by MDNR' l 02/19/75 Letter from Kellow by Thornton, to Schubert, Hartley; advising that the 1974 Solid Waste license was being issued subject to 5 stipulations: Cell development according to approved plans, final contour intervals as shown on plans, drainage devices as shown on plans, any change in location of perimeter dike as shown on plans, already constructed liquid waste ponds to be included on plans.

- L N 02/19/75 Letter from L Thornton, MDNR, to P Schube?t, H&H; returning a surety bond for cancellation. O2/26/75 License to Remove and Transport Liquid Industrial L Waste Approved. 02/28/75 Hartley & Hartley Lab analysis form for Dow Corning liquid wastes. -u 03/03/75 Articles of Incorporation, Consolidated Vendors Corporation of Michigan u 03/05/75 IOC from B Shah to L Thornton; agreeing that information about Dow Corning DPR gels should be requested for the Hartley files. 03/13/75 Consolidated Vendors Corporation Certificate of Merger into SCA Services of Michigan, Inc. 04/01/75 Aetna Insurance Increase Certificate for the surety bond. 04/02/75 Application for Solid Waste Disposal License submitted. 04/07/75 Solid Waste Disposal License issued by MDNR. 04/07/75 IOC from B Shah to L Thornton; attachments include Dow Corning's analysis of DPR gels, confidential and proprietary. 04/08/75 Articles of Incorporation, City Disposal Systems, Inc., of Detroit. 05/02/75 Letter from F Kellow by Thornton, to D Bublitz, Dow Corning; the Solid Waste Division formally approved plans and specs for the development of a trench at Hartley for the disposal of DPR gels. 05/07/75 Memo from J Bohunsky to the files; regarding a meeting with Michigan Chemical discussing the elimination of PBB. Soils surrounding the site and materials used during i ~ cleanup of the building will be disposed of in New York by Chem-Trol. The company would like to begin production and manufacture of tribrominated phenol by 07/01/75, and an j application was on file for disposal of waste products into deep wells. GSD is in the process of testing deep well disposal. Production of the tribrominated phenols would occur in the same building formerly used to produce PBB. The building has been diked, and approximately 173,000 gallonc of wastewater per day will be disposed into the deep wells. hw

.L iL 05/13/75 Letter from P Lincoln, Michigan Chemical,'to R L. Courchaine, WRC: sampling for PBB contamination and control of PBB contaminated areas has begun, and all waste materials are being collected "for disposal in a controlled scientific landfill operation,"(suspected by EED to be Hartley & g, Hartley). 06/12/75 Letter from Michigan Chemical to R Courchaine. WRC; floor sweepings, cleaning solvents, piping, gaskets, and other residues resulting from this clean-up are being placed in drums for disposal in a controlled scientific landfill operated by ChemTrol Pollution Services (suspected by EED to be Hartley & Hartley). 06/20/75 Application for License to Remove and Transport Liquid Industrial Waste submitted. 06/27/75 Status report on PBB Cleanup at Michigan Chemical; drums containing wastes are being landfilled in a ChemTrol Pollution Services Landfill. (suspected by EED to be Hartley & Hartley) 07/17/75 MDPH Activity Report, R Smith; complaint, Mrs. R Narlock; Hartley is burning trash, which smells terrible and is causing a lot of smoke. 07/27/75 Letter from B Kettner to Hartley, with procedures for handling drilling muds, salts and brines and other wastes connected with oil field operations. 08/08/75 Letter from DNR to Lincoln, MI Chemical; regarding handling of 55 gallon storage barrels for waste, and ~ suggesting a more frequent disposal of materials by licensed liquid waste haulers (Hartley & Hartley recipient of waste?) 08/20/75 Letter from MI Chemical to Bohunsky, WRC: trace values of PBB's exist in M1 Chemical drainage systems. 09/04/75 MDPH Activity Report, B White; observed long tailed plume at 480% opacity, burning poor quality fuel-oil well sludge at 1400 F. Hartley tries to operate at 1500-1600 F, and did increase temperature in the incinerator to approximately 1800 F, but the plume did not change, and temperatures above 1800 F will destroy the fire brick. P Schubert has left the company, m 09/04/75 MDNR Report of Annual Emissions; note by B White: Emissions levels have exceeded the opacity limit on H & H, supposedly due to inferior quality fuel which does not burn cleanly. Hartley has been notified that controls are necessary, company reps do not agree and state that better quality' control will bring the e.aissions into compliance. A program of opacity readings will be completed, and a time schedule will be be developed through cooperation, or Commission action.

.1 L' 4 09/15/75 Letter'from B White to T Hartley; advisinh that i L emission limits have been exceeded, and despite company insistence to the contrary, "the only method to positively and adequately control emissions is to install an emission control device which collects pollutants generated." White f l~ requested the results of the stack equipment feasibility - j study and a timeline for bringing the emissions into compliance by 10/01/75. 09/17/75 PBB update; contaminated soils removed to ChemTrol in New York. 4 ~ 09/17/75 Letter from L Thornton MDNR, to T Hartley; to I acknowledge receipt of revised engineering plans, and inform that approval of the 1975-76 License is contingent upon receipt of additional information. 09/22/75 Aetna Insurance Company Increase Certificate from [ $6,500 to $10,000. 1 I 10/01/75 Letter from T Hartley, to B White; inviting White to visit the Hartley site to discuss changes in the i ~ operation. 10/6-7/75 Point Suurce Study, PBB Contamination at Michigan Chemical Company, St. Louis, MI 10/07/75 E Golson BCHD inspection noting that the License I applies only to Cell 5 and the southeast facility. 10/10/75 Letter from E Golson BCHD to L Thornton MDNR; forwarding Hartley's application for Solid Waste Disposal, ~ and advocating expansion of the facility. 10/28/75 DNR Plume Observation Data Sheet, R W Smith; non-compliance for 5+ minutes at 1:52 pm. 10/30/75 License to Remove and Transport Liquid Industrial { Waste approved. I 12/01/75 Solid Waste Disposal License issued by MDNR. with j stipulations. Letter from L Thornton details the "~ stipulations. 12/07/75 Another Solid Waste Disposal License issued by MDNR, for expansion. = 12/18/75 Letter from Hartley to DNR stating incineration process; attached note by J Shauver stating that if pits m used to dewater sludges are unlined, then Hartley needs a groundwater discharge permit. f I W .,.m

L i 12/22/75 Letter from MDNR to MI Chemical; advising ~ L continuation of cleanup. Hote: suitable disposal or soils in an approved landfill (Hartley & Hartley, a Division of 3 ChemTrol, suspected recipient of waste?) L 1975 Monthly Liquid waste incinerated and transported totals 1975 Michigan Annual Reports L Tri-County Sanitation Services, Inc., Boston, Massachusetts Bay Dust Control, Inc., Bay City 01/26/76 Activity Report: B White; Emissions Inventory: u 700 tons per year, at 1,028 BTUs per pound. 02/04/76 Letter from D Brady, H&H to L Jager, MAPCC; Requesting a listing of the commercial incinerators in Michigan. 02/06/76 Application for License to Remove and Transport Liquid Industrial Waste submitted. O2/16/76 Data f rom Cyclonator Inc., Incinerators for Hartley operation. 02/26/76 Application for License to Remove and Transport Liquid Industrial Waste approved. Environmental Surveillance Fee Calculation. 03/31/76 Certificate of Merger of Predmore Development Company and TriCounty Sanitation Services, Inc., into SCA Services of Michigan, Inc. 04/30/76 Chem-Trol Pollution Services, Inc., Certificate of Amendment of Certificate of Incorporation for Reduction of Capitol. 05/06/76 Activity Report, B White; observed emissions at 12:05 pm, 40% opacity exceeding rule. Took photos. I 05/12/76 Letter from D Brady, H & H, to C Oviatt, AQD regarding disposal of PCB contaminated oily waste in a Cyclonator Inc., incinerator. 06/21/76 Articles of Incorporation, Schneider Vending. 06/23/76 IOC from J Hammill, Biologist, to N Johnson, Reg. Biologist; regarding a 3 hour canoe trip observing the Tobico Marsh wildlife. " Residents near the area claim that geese were nesting on the unit this spring but moved out because of heavy human use (boat traffic). It should be noted that this is a wildlife refuge...I believe that some of the recent decline in waterfowl use may be due to illegal entry for fishing..."

L L 06/30/76 Certificate of Merger of SCA Services of Michigan, L. Inc., and Schneider Vending, Inc. 07/22/75 L Thornton MDNR inspection: " Site is a complete uncontrolled mess... paper and debris scattered onto state property adjacent to fill... Drainage ditch had not been constructed as I had been informed had been accomplished... Liquids being disposed of in landfill...Leachate breaking out...' e 07/28/76 Letter from Lakeway Chemicals, Inc., Muskegon to F Vining, MDNR, reporting a spill of 3000 gallons of acid from a leaking Hartley tanker truck leaving Lakeway Chemicals. The acid was released on the ground and into a storm sewer on Lakeway property. Hartley vacuumed 1000 gallons from the drain, and Lakeway added 1100 gallons of 50*4 Sodium Hydroxide solution to neutralize t.he spill. The DNR emergency hotline was called. 07/28/76 Letter from L Thornton to T Hartley; "I was thoroughly disgusted with the total lack of operational control and quite frankly found it hard to believe that the general operation had deteriorated or regreased to such a state..." Thornton cites four separate violations'of Act 87, and directs immediate correction of same. 07/30/76 Letter from D Rector, AQD to D Brady, Hartley; in reference to H & H request to burn PCBs in H & H incinerator. Temporary approval for burning PCB contaminated waste materials in H & H incinerator granted for the purpose of conducting source emission tests. Rector also included calculations and specifications for burning PCBs. 08/03/76 Memo inquiring whether Hartley & Hartley advised MDNR of Lakeway Chemicals spill, and directing that the cause and method of spill be determined to prevent reoccurrence. = 08/04/76 Activity Report, Avery; anonymous complaint of pollution from Hartley incinerator. ~ 80/09/76 Activity Report, White; S Duby, complains of noxious odor similar to cow manure. She has called Hartley, and they. told her to call if the odor occurs again, and they would adjust the burner, which they sometimes do. Duby = stated that they burn mostly at night. 08/09/76 Activity Report, White; S Waldie, complains of obnoxious odor from H & H which smells like raw sewage. 08/09/76 Memo from T Leep to R Miller, forwarding monthly summary of Liquid Industrial Wastes handled by H & H, and inquiring whether the volume was in excess of the Company's burning capabilities.

i j 08/12/76 Activity Report, Carlson; advised by T HaFtley L that old burner is 7 years old, and new burner has been ordered. The incinerator was smoking, and the fugitive dust on H & H property "quite annoying". RRD advises H & H is { now hauling fly ash which may cause large particulate emission resembling flakes. 08/13/76 Letter from G Dean, Lakeway Chemicals to D Brady, L-H & H; advising that thorough washing of tankers hauling thimet is necessary, and LC will continue the practice of following tankers to detect any odors f rom them. Waste tankers and valves must be pressure cheked weekly. 08/23/76 Activity Report, B White; R Nabodny, complains of a rotten chemical smell. Mrs. Nabodny had to bring laundry in the house from the clothesline because ashes and smoke from Hartley were soiling them. 08/23/76 Activity Report, B White; S Waldie, complains that the odor from Hartley is "the worst", and on August 7 T Hartley visited her home to assure her the incinerator problem would be eliminated. It has not. Waldie complains of ashes in her swimming pool, and states that they burn day l and night. She has seen Hartley staff openly burn sludge I piles. 1 08/24/76 Activity Report, B White; offensive odors and open I burning at Hartley on 08/23/76 reported by E Golson of Bay l_. County Health Department. f 08/26/76 Certificate of Assumed Name of Bay Dust Control, l Inc., to Liquid Calcium Chloride Sales. 08/26/76 L Thornton MDNR inspection; " site vastly improved... discussed the entire operation with Ty Hartley and emphasized the need to keep the facility well maintained = on a daily basis..." 1 08/31/76 Letter from E Golson, BCHD, to B White, MDNR; reporting a complaint from R Nabodny, about pollution from Hartley causing severe eye irritation, and requesting assistance in alleviating this matter. 08/31/76 Letter from E Golson, BCHD, to L Thornton, MDNR; drawing attention to a missed meeting with BCHD staff and promising continued cooperation with MDNR. 08/31/76 Aetna Insurance Company Continuance Ceertificate for Surety Bond. m M M d

L. j 09/09/76 Activity Report, B White; meeting with D Brady at Hartley, regarding incineration volumes, and acceptable waste streams burned. Brady says odors came from leachate i ~ outbreaks which have since been treated with lime, and H & H ( does burn thimet which produces a skunk-like odor. Brady c says Hartley & Hartley will analyze stack gases for thimet. l L-Incinerator burning temperature is down 1400 F from 1'70 F, and open burning is conducted twice per week for no.onger j than 5 minutes. H&H is evaluating a new computer-l controlled incinerator with a heat recovery system for burning chlorinated compunds. The time schedule is 2 months for decision and contract completion, and 9 months for incinerator construction. 09/10/76 Letter from D Carlson, AQD to D Brady H & H; regarding the 08/12/76 meeting; requesting to be informed when the new burner nozzle is installed, and advising that the fugutive dust problem be controlled which may be a cause of some of the oder problem. l ~ 09/13/76 Application for Solid Waste Disposal License submitted. l I 09/22/76 Activity Report, B White; inspection of H & H while they were burning thimet; odor detectable 3/4 mile NW of plant; incinerator operating at 2200 F during the thimet burning, and smoke plume had a larger tail. Brady advised that White should be notified every time thimet is burned j for the next few weeks. Thimet unloading operation should take place upon paved area to ensure ease and completion of l clean up. Upon returning to the office. White's clothes and j shoes had enough ador to be offensive to fellow workers. 09/27/76 Letter from G Dean Lakeway Chemicals to D Brady, H & H: informing that a Hartley tanker had a leak which caused a spill, and resulted in odor complaints at LC. Dean requested that tankers be checked. 09/29/76 Solid Waste Disposal License issued by MDNR. with accompanying letter detailing stipulations of the license and acknowledging verbal agreement to forward all facility l design al terations to the MDNR office. 10/01/76 Activity Report, B White; complaint from Mr. Palcak of a skunk-like order from an incinerator, which went on all night, and has been bad all week (nights, too). j ~ 10/04/76 Activity Report, B White; complaint from S Waldie F that the skunk-like odor was so intense last night, her children were vomiting. Letters from Waldie to Jager and Miller attached. 10/05/76 Activity Report, Miller; complaint from S Duby of odor and smoke from Hartley, conditions worse at night. i i ?

=. i

L.

r t 10/06/76 Letter tn Hartley & Hartley from B White; L r reminding that Waite would like to be notified when-thimet -{. would be burned, and inquiring whether the unloading station at H&H would be a source of odor. Since odors are strong evenings and weekends, White asks that burning continue only f when staff can be present. Judging by the severity of the L. complaints, the staff believes that H & H is incapable of i properly handling thimet, and will take steps to prohibit its burning. Hartley is expected to submit a plan for the implementation of pollution control equipment, and to advise staff regarding the schedule for replacement of the present incinerator. 10/08/76 Activity Report, White; complaint from T Duby that H & H has been operating their incinerator daily since 10/02, accompanied by greyish smoke and a skunk-like odor. Rain on Tuesday intensified the odors. f 10/08/76 Letter from D Brady, H&H, to B White; advising that two loads were burned af ter-hours, 09/29-30. Brady i ~ concurs that odors emanate from contaminated surfaces at the unloading station, and a concrete slab will be poured to facilitate cleaning and elimination of odor. Hartley has found an acceptable incineration system, and it will be j compared to similar systems. Thimet vill be burned the week of 10/11, during daylight hours. 10/13/76 Letter from R Miller, AQD, to Mrs. Waldie; acknowledging the problems at her home.from H & H's waste incinerator, and advising status of the air pollution controls. i 10/21/76 AQD Activity Report, Smith; complaint, J Ralcek, about odors, but three different residents had not detected { odors, and the area around the incinerator displayed no odors. l 1 f ~~ 10/25/76 Letter from F Kellow by L Tnornton MDNR, to T Hartley; noting changes in the facility design plan, and t advising that actual construction does not follow the plan. l Thornton requests that the engineering firm document actual construction on the plans. Thornton also requests that " papers and debris blown onto state property still needs to be cleaned up..." l I 10/26/77-JOC from D Jenkins, Wildlife to R Courchaine, WQD;. ~ supporting recommendations that would place Hartley under i NPDES permit, and suggesting that if Hartley fails to meet i standards, the company should be closed. Jenkins also requests that Wildlife-division be involved in discharge plan review. l h-l 1 I j i

L l 11/03/76 AQD Activity Report, White; complaint, J Palcek, i called to report a skunk-like odor from H & H, worse at 1 night, and on weekend. 11./03/76 AQD Activity Report, White; investigated H & H to i discover a thimet tanker being incinerated. Brady of H & H L said thimet is no longer being burned on weekends and at night, despite evidence otherwise. Brady said that thimet j will no longer be burned by H & H. I b ~ 11/04/76 AQD Activity Report, White; observed H & H from I Bangor Twp dump and took photos. White observed two SCA trucks dumping a white material which had an irritating odor, which he later learned was from a Dow Corning waste pond. 11/08/76 Memo from J Novack to J Holmes, Air, advised that H & H may be hauling and storing C-56, a very toxic Insecticide from Hooker Chemical. Bob Lemkey of the Health Department advised that C-56 is a chlorinated hydrocarbon, and the 8 hour worker TWA is 10 ppb. Don Brady at Hartley advised that Hartley has not hauled anything from Hooker Chemical, but has negotiated price and services with Hooker. l l 11/11/76 Letter f rom Michigan Chemical to D Bryson, EPA; 4525 gallons of tajuene solvent from Michigan Chemical used for cleanup of PBBc at St. Louis plant incinerated by Hartley & Hartley from 1971 to 1974 t 11/18/76 AQD Activity Report, Novak/ White; meeting held with Brady to review operation of incinerator; 50% opacity observed, no evidence of C56 waste on property, and Brady stated no chlorinated wastes were handled on property. l t 11/19/76 IOC from C Oviatt. AQD, to B White, AQD; regarding permit conditions and policy for liquid waste incinerators. ~ 12/03/76 Letter from B Whits, to D Brady, H & H; to confirm i a telephone conversation ag' -r 't to provide information of i total wastes burned i n 1976. 12/07/76 AQD Activity Report, White: odor complaint investigation: 50 to 100 gallons of bleach used to clean a t thimet tanker was incine.ated yesterday, with some residual odor this morning. i 12/10/76 Letter from B White, AQD, to D Brady, H & H; informing that all companies operating inadequately controlled equipment must enter into a binding contract to control emissions under a strict timetable, and requesting a schedule be presented by 01/17/77. = e.

L 12/14/76 AQD Activity Report, White; complaint received by Lansing office referred to District: Mrs. C Brown-reported { a terrible odor problem, and wanted someone to contact her. J2/28/76 Letter from J Miller, Oil and Hazar.dous Materials to T Hartley; requesting an estimate from Hartley for the removal and proper disposal of wastes stored at a Pontiac facility. b 12/29/76 Letter from R Courchaine, WQD, to Hartley & Hartley; advising that discharge permit has been received and is in the process of being reviewed by J Bohunsky, and reminding that any discharge by the company in the interim would be in direct violation of Act 245. 1976 Water Resources Report for gallonage incinerated, L_ transported and transferred by Hartley & Hartley. 1976 Michigan Annual Report: Bay Dust Control, Inc., Bay City 01/14/77 Letter from R Miller to Mrs Waldie; advising status of H & H situation, and requesting an assessment of any emissions from Hartley. 01/15/77 Letter from Ty Hartley to B White, AQD; requesting L. a Discharge permit and a meeting to discuss new incineration technologies. j 01/18/77 Memo from T. Leep to D Miller; regarding Hartley & Hartley advertisement to haul and store PCBs. If Hartley intends to provide this service, a separate tanker and 'l storage area must be dedicated to PCBs, as PCBs are next to L impossible to decontaminate. Reply: Ty Hartley advises that PCBs would generally be handled in 55 gallon drums, and disposed of at the New York landfill. .. L. 01/20/77 Letter from D Brady, Hartley, to plant managnrs; informing them that each must keep a detailed record c. all i materials hauled from his plant. Hartley "We expect some L-enforcement effort regarding noncompliance within a few months...' L. 02/07/77 Application for License to Remove and Transport Liquid Industrial Waste submitted, i 02/16/77 AQD Activity Report, White /Carlson; meeting to ~ discuss alternate compliance methods and a Consent Order for compliance. 02/28/77 Letter from B White, AQD to T Hartley; advising that a Stipulation for Entry of Consent Order and Final Order will be prepared and forwarded. I w I

L a ~ 03/07/77 License to Remove and Transport Liquid Industrial i + Waste Approved. l j b" 03/08/77 AQD Activity Report, B White: Edna Brown, advising that the incinerator is no longer an odor problem, but is {' noisy at night. ~ L 03/24/77 Memo from R Shaver to Nancy; requesting a check 1. that the attached lease may cause a licensing restriction or stipulations for Hartley. 04/08/77 Letter from T Hartley to D Carlson, AQD; forwarding a copy of H & H progress report. i L. 05/13/77 Letter from T Hartley to D Carlson, AQD; j forwarding a copy of H & H progress report. 05/19/77 Certified Letter from Tomas Leep to Ty Hartley; advising that storage of liquid industrial waste in Hartley's lagoons is not approved, and must be removed to an ~ approved storage area. 05/26/77 Memo from T Leep to Rod Rosier, Resource Recovery i L-Division; FYI: Hartley has four lagoons for storage and treatment of hazardous waste (acid and chromic acid) and resultant sludge is pumped into landfill. Leep has requested that Hartley discontinue lagoon storage. 05/27/77 Letter from B White to T Hartley; forwarding a draft of the Stipulation for Entry of a Consent Order, requesting H & H views concerning the Order. I i 8-05/27/77 Letter from D Carlson, AQD, to T Hartley; refining the conditions of Hartley's incinerator permit. 05/31/77 Combined Use of Sour Gas and Liquid Wastes as [ Energy Resources Document 06/02/77 WQD MDNR Staff Report of Biological and Chemical Survey of Tobico Marsh, establishing existing levels of contaminants in water and sediments attributable to the H & H operation, the types of contaminants, and the background ) levels of contaminants. Addendum: The chromic acid stored in Hartley's lagoons is in improper storage, and waste must be removed from the lagoons and placed in acceptable storage at Hartley & Hartley. ~ 06/08/77 Memo from S Freeman, Asst AG, to Lee Jager, AQD; advising that the Hartley proposed consent order appears to be in proper form, and suggesting that a Wildlife person review the Order for input prior to submitting the Order to the MAPCC for approval. I . ~ -

L 06/13/77 Letter from T Hartley to B White, providing Hartley & Hartley's comments on the proposed consent order. 06/20/77 AQD Activity Report, White: telephone conversations regarding Hartley's letter of 06/13 investigating Hartley's comments. ~ L 06/21/77 Letter from B White AQD, to Ty Hartley; in reply to Hartley's letter of 06/13; correcting misinterpretations e of the Consent Order and non-feasible propositions, and ~~ advising that the Order must be entered into by 07/01/77, or an official Complaint will be adopted and submitted to the MAPCC, ordering compliance by 07/01/78. L 06/22/77 IOC from J Miller, WQ, to R Miller, EPB; advising that no air use permi t be issued until NPDES permit is approved or H & H submits proposal for treatment and disposal of scrubber water. 07/05/77 Letter from B White. AQD, to Ty Hartley; regarding 1~~ the drilling of new gas wells in the Kawkawlin area; notifying that mishandling of H2S from sour gas wells would ~ present a threat to H & H staff and to the public, and informing that appropriate permits are necessary from MAPCC prior to any well development or drilling. 07/05/77 Transmittal from P Shutt to B White, AQD: asking whether H & H has been tested for particulates, and whether a Complaint would be recommended. Response from White advises that no testing has been completed, and a meeting has been called by SCA-Boston, regarding the Order. 07/08/77 AQD Activity Report, White; advising that a ~~ meeting was held with T Hartley and S Seagull of SOA, where the Consent Order was discussed and a decision was proposed to be submitted within 90 days of receiving a NPDES permit. They will redraft the Consent Order and submit it by 07/25/77, and comply by 12/31/78. 07/11/77 IOC from D Rector, AQD, to R Johns, Permits; suggesting that if companies incinerating waste do not have appropriate equipment, Permits Section should be notified, and permits should not be approved until the Districts enforce the conditions of the permits. 07/13/77 Letter from Hartley notifying Millen, MDNR, that Hartley & Hartley trucks will be repainted, and need new 1977 Licensing decals. m W W w

L. l 07/20/77 Letter from T Hartley, to B White AQD: advising that H & H agrees to enter into the Consent Order .and, if issued an NPDES permit, will submit a timet'able within 90 j days to bring the incinerator into compliance by 12/31/78. ~ H & H will provide all necessary information that all other i ~ j Liquid Waste Incinerators are requireu to provide, and H & H L. agrees that it will not burn any materials unapproved by j District Staff, or in quantities unapproved by Staff, and no materials will be burned until appropriate pollution control equipment is installed. Hartley & Hartley does not want any ~ public hearing. ? 07/26/77 Letter from D Ferrier, AQD, to T Hartley; forwarding applications forms for air use permits, and advising information which must be submitted prior to permit issuance. 08/01/77 Memo from R Courchaine to W Denniston; requesting that review of PIP plans and permits be processed by 08/20, and that close coordination must exist between AQD and RRD, ~ and notices should be sent to H & H informing them of MDNR intent to initiate formal enforcement action, unless Order is entered. 08/05/77 Letter from T Hartley, to B White with the SCA Draft of Order. L, 08/15/77 Transmittal from P Shutt to Mary Ann to re-draft the proposed Consent Order with Hartley, according to the attached memo from B White stating Hartley's changes. 08/18/77 AQD Activity Report, White; complaint by Edna Brown that Hartley incinerator is excessively noisy at L night. 09/12/77 Application for Solid Waste Disposal License L submitted. r 09/16/77 Public Notice of NPDES permi t application by H & H, and proposed approval by WRC. l 09/19/77 AQD Activity Report. White; meeting with Hartley and Groomes of H & H/SCA to discuss Order. They will send a list of materials to be approved for incineration. l 09/19/77 L Thornton MDNR inspection report; " Papers and ~~ debris on state property still has not been cleaned up... Leachate observed along face of cells #4 and 5...Mr. Groom stated that lagoons are to be discontinued..."; facility approved with stipulations. m m.

L 6 09/26/77 IOC from B White. to J Holmes; forwarding a copy of the proposed Consent Order, asking fo" Holmes' review and requesting that the Proposal be re-drafted, and the public comment period be scheduled. ~ 09/29/77 Letter from Ervin Industries to B Ricks, MDNR; L clarifying a telephone conversation regarding a PCB waste disposer. Attached letter from Hartley states that Hartley will act as agent for collecting scrap PCB filled capacitors in drums, for processing in NY or IL. 10/07/77 Letter from W Griffin, Hartley to R Millen, MDNR; resubmitting a PIP Plan for review. 10/07/77 Letter from A Pesch, H&H, to B White, AQD; enclosing a list of prooosed chemicals for incineration. 10/19/77 Memo from R Miller to D Dennis et al; regarding liquid disposal at Hartley; recent developments mandate ~ close scruitiny and regulation of Hartley, including: AQD's order for controlling materials burned, close coordination of efforts and info between AQD and O&HM staff, periodic sampling of waste delivered to Hartley, and close control of inventory accumulation at Hartley, etc. Attached Memo from Ron to Dick; "... incorporate Miller's 3 points into your normal H&H activities..." 10/19/77 AQD Activity Report, White: complaint by Mr Porter of a fog H & H emits, wondering whether the emission was dangerous. 10/19/77 Memo from J Miller to B White; informing that Methyl Ethyl Ketone would be burned at H & H in the L. incinerator, and asking whether incineration of this chemical was acceptable. 10/20/77 Memo from F Baldwin, Permits, to files; a meeting ~ was held 10/17/77 to determine whether Hartley's NPDES permit should be issued at the 10/77 WRC meeting. General consensus was that the permit should not be issued until certain environmental concerns relating to Hartley's dewateri ng operation were addressed. Concerns included an environmental assessment, possibly incorporated into the AQD Consent Order, and a liquid waste storage permit f or Hartley. C Bek would write a letter to Hartley explaining why the company's permit would not be issued at this time, and B Miller would work with AQD to incorporate WQ concerns into the Air Consent Order. 10/25/77 Memo from D Dennis tc R Miller; advising that recent developments at H & H require close regulation of H& H, including entry of a Final Order, clcse coordination of AQD and D&HM staff, sampling of H & H waste streams and control' of H & H inventory.

L 10/26/77 Memo from C Bek to the files; relating the telephone conversation held with T Hartley. Hartley was advised that because of the number of comments received, the ~ issuance of the permit was withheld until the comments could be thoroughly reviewed by staff, that the Order would address the entire environmental issue. and the decision would be given to him by 10/26/77 10/26/77 IOC from D Jenkins, Wildlife, to R Courchaine. WQD; regarding the biological survey of Tobico Marsh, stating that there were no surprises when finding elevated levels of contaminants probably dumped by Hartley. "We requested that steps be taken to bring an end to the illegal waste disposal activities. Many of the corrections were not made and the firm has continued to operate...We support recommendations that would place this operation under the pollution discharge permit systems. However, if Hartley & Hartley fails to meet standards, they should be shut down..." ~ 10/27/77 IOC from J Miller, WQD to B White, AQD; industrial waste removal recoros indicated that H & H received 32 drums of Methyl Ethyl Ketone for incineration. Is Hartley capable of combusting MEK in an environmentally safe manner? Pencilled note from B White: We (ARD) intend to authorize H & H to burn MEK. 10/27/77 Letter from R Miller, WQD to T Hartley, H & H; advising that H & H is expected to enter into and comply with a consent order containing: a compliance program for meeting air pollution control regulations, an interim operating program restricting waste liquids brought onsite unless approved by AQD, and provisions for obtaining NPDES and other permits and liquid waste storage. The MDNR will not consider H & H expansion until H & H is in compliance in all environmental areas, and an expansion request must be y accompanied by a complete environmental assessment. Water Quality Division's Licuid Industrial Waste Hauler License will be withheld pending entry into AQD's consent order and appropriate other permits, and H & H's license from Resource Recovery Division will be withheld pending approval,by WQD of appropriate permits. 10/28/77 Memo from C Bek to files: a meeting was held 10/25/77 to discuss H & H, and after considerable discussion, i t was noted that a letter would be drafted to i Hartley for R Courchaine's signature to include reasons that NPDES permit cannot be issued, ant applications by Hartley would be processed in two phases: the existing operation and the proposed exransion. w+ m

i L f r 10/28/77 Letter from R Courchaine, WQD to T Hartley, H & H: i informing that the NPDES permit as 'public noticed'-cannot be issued, because it does not adequately address the water I discharge from the current operation. Redrafting of the i permit etnnot proceed until the following informatign is obtained: an updated application specifying the location of i L-the proposed scrubber water treatment system, with analysis of water including organics, inorganics, heavy metals, and toxics; a detailed description of current landfill i operations including proposed treatment and discharge points ,~ of displaced groundwater / contaminated surface water; a plan l showing proposed meth>d of providing proper containment of j liquids in storage. 10/28/77 Pencilled not9 on R Courchaine's letter to Hartley & Hartley: Wayne, we are moving toward a very careful total i environmental appraisal of the Company's (H&H's) request for an expanded operation. 11/01/77 Letter from C Bek, WQD to T Hartley; notifying H & ~ H that the meeting they requested with Divisions of the EPB will be held 11/04/77 in Lansing. 11/02/77 IOC between T Leep, R Shaver and D Dennis: Does H l &H store these (PCB) drums on their site? Does H & H have vehicle or tanks dedicated for PCB hauling? Ty Hartley advised that H & H has not hauled any PCBs, but if they would, the PCBs would go to the Wilsonville IL landfill, as the materials are a solid, and hauled in a van-type trailer from Hartley or St. Louis. They do not have any PCB ~ dedicated vehicles at this time. i 11/08/77 Letter from C Bek to T Hartley, forwarding a copy i of the MDNR procedures for preparation of environmental impact statements. l 11/09/77 Memo from D Millen to files: T Hartley advises that the only bid on any PCB job to date was for fluorescent lights in solid form. Any disposal of PCBs would be to Wilsonville, IL, landfill, because Michigan's attitude on PCBs is entirely disfavorable. 11/28/77 Memo from C Bek to files; "... Regional and District staff is to take no further action on the H & H l NPDES permit until after the Company makes full i environmental assessment of the over-all environmental i effects of the firm's current and future operation." l.i 11/28/77 Memo from T Leep. O&HM, to R Johns, AQD; advising that AQD is preparing a list of materials acceptable for 1 incineration at H & H. and acknowledging that Hartley's l Waste stream must be diluted to reduce particulate emission. ( i j t - - - - - - - - - - - 5

t L. 12/02/77 Letter from B White to T Hartley; forwarding a copy of the most recent draft of the Consent. order.for l review, and requesting that reoly be made by 12/28. i L. 12/5-7/77 Point source study for Velsicol Chemical Corporation, St. Louis, MI; indicated that fiber pacs are scattered about the property and contain various chemicals. u. ChemTrol is the managing waste removal firm, and Hartley & Hartley is one of the three wastehaulers. Current plans include removing all waste from the west side site. 12/07/77 Certified Letter from D Dennis to various plant managers disposing of liquid wastes at H & H: advising that i' prior to transporting any waste to H & H. the managers must submit a description of each waste stream and receive written approval from AQD. ~ 12/12/77 Memo from R Shaver to D Dennis, regarding Miller's 10/27/77 memo, inquiring whether B White's note is considered to constitute authorization for O&HM, Lansing ~ office. 12/13/77 Memo from R Miller to Lee Jager et al; advising that all the conditions placed on Liquid Disposal Company's Permit should be adjusted and added to the Hartley Cor:sent l Order. 12/19/77 Letter from R Axtell, Fisons, Inc., to G Liddle, DNR; advising that wastes were submitted to Hartley & i Hartley and determined by H & H to be acceptable for incineration. ~ 12/21/77 Letter from P. Chenard, President of Hartley & { Hartley, to MDNR indicating that Ty Hartley left the company, but he and his f ather will continue to work with H. & H operations as consultants. i ~ 12/28/77 AQD Activity Report, White: Advising that Ty Hartley is no longer with H & H, and Hartley's scheme is not i in their plans, they want to install a scrubber. 12/29/77 Letter from B White, AQD, to A Pesch, H & H; j forwarding a copy of the Stipulation for Entry of a Consent 1 Order and Final Order, and advising that set dates for compliance have been agreed to by both companies, and cannot be negotiated, an environmental assessment will be completed by H & H. and a public hearing will be required. 1977 Emissions Inventory Estimate for H & H incinerator b 1977 Water Resources Report From Hartley & Hartley of total gallonage transported, incinerated and transferred. e w 4 m y ---s-

[ l b L. i 1977 Michigan # 31 Report, Bay Dust Control, Incorporated, i Bay City. - l. t ' k-01/11/78 AQD Activity Report, B White; complaint from Joe Polcek of 200 Athlane (?Aplin) Beach, forwarded from Chuck l l Floyd of Lansing District. Polcek complained of detrimental ~ i

L emissions from Hartley & Hartley but did not provide any j

specific incident or effect. 01/13/78 Letter from C Bek, WQD, to T Hapier, Hartley & ~~ Hartley; advising that a meeting will be held in response to i Napier's request, 1/18/78. 01/16/78 AQD Octivity Report, B White; repeat of 01/16/78 ( report. i 01/19/78 IOC from J Shauver WQD to D Tierney, Executive Office; regarding meeting with Napier of Hartley'& Hartley; company officials reported H & H has a completely new staff, and they wanted to get a new start". Shauver recommended ~ that SCA submit an Environmental Assessment with proposals for short-and long-term goals,.that H & H be required to meet same requirements as other incinerators in Michigan, i that one person represent the MDNR in negotiations, that steps be taken to ensure a tigtit SCA compliance / clean up l schedule, that MDNR reconsider terminating the' sanitary landfill operation, consider requiring an environmental impact study, and consider requiring a groundwater study. Attached was a copy of a Supplement to a Incineration Permit for review and revision for the Hartley operation. [ 01/31/78 Letter from T Napier, H&H, to MDNR, Lansing; requesting that all Hartley correspondence be directed to T + Napier, and carbon copies sent to listed SCA personnel. 01/31/78 IOC from B Miller to D Rector et al; trying to clear misunderstandings of procedures, and requesting all departmental actions be coordinated through Miller. O2/01/78 IOC from D Carlson to J Holmes et al; advising i Hartley's plans to incinerato liquid waste, and questioning I Hartley's ability to incinerate specific compounds safely. l Carlson also recommended another incinerator be used to burn waste. t 02/03/78 AQD Plume Observation Data Sheet, showing ( violation greater than 80% smoke opacity for periods greater than 15 minutes. O2/09/78 AQD IOC from R Johns. AQD to District Engineers; advising that liquid waste industrial haulers must submit specific ir. formation for each waste stream disposed'of in an F incinerator. w p w ~2 r

L. i. -L 02/10/78 Transmittal from R Johns to G Soo et al: requesting comments on attachment regarding liquid uaste incineration requirements. { 02/14/78 Letter from B W h i t e ', ARD, to A Pesch, H& H, forwarding a copy of the 02/10/78 incineration draft. i 02/15/78 Letter from T Leep, O&HM, to T Napier, H&H; denying the licensing of an additional liquid waste hauling vehicle. 02/17/78 IOC from R Miller to B White, AQD: with proposed stipulation f or entry of Consent Order suggested changes, and advising a timely execution of the Consent Order. 02/28/78 Stipulation for Entry of Consent Order and Final Order by MDtlR Air Pollution Control Commission to Hartley & Hartley/SCA. 03/02/78 AQD Activity Report; complaint by Mrs. Charles Brcwn, informing that "the smoke from H & H was just hanging over the marsh this morning..." and requesting that the DNR continue strict monitoring and implementation of controls for Hartley/SCA. 03/03/78 AQD Activity Report describing 8 White's discussion with T Napier of H&H. 03/06/78 Letter from J Voelpel, Atty, to R Miller, enclosing the remainder of Schedule A of the proposed Consent Order. 03/09/78 AQD Activity Report, M Jury: Complaint from D Wurzburg informing that "a giant cloud of grey smoke" from H & H extended for several miles. 03/10/78 AQD Activity Report, B White; Complaint from R English to say that smoke from H & H incinerator had created a cloud that " drifted all the way to Midland". 03/13/78 letter f rora J Voelpel, atty, to D Rector, AQD Chief; contending that the DNR has been unfair in its requests of Hartley, and requesting specific information and a meeting with staff to answer questions and advise reasons for new requirement imposition. 03/17/78 Bay City Times Article: Waste Burning Cleanup Ordered. 03/20/78 State of Massachusetts Director WRC notifies MDNR that Hartley & Hartley is accepting hazardous wastes from their state, and requests acknowledgment that H & H is approved for hazardous waste acceptance.

m. L 03/16/78 MDNR News article regarding the Hartley site, and informing that a meeting would be held before the Michigan i Air Control Commission 03/21/78. L 03/21/78 MDNR AQD Staff Activity Report detailing the i history and current status of the Hartley & Hartley. L., 03/23/78 AQD Activity Report, B White; complaint from E Brown that a strong chemical odor was released f rom H & H incinerator and hung near ground. 03/23/78 Letter from A Pesch, H&H, to R Johns, AQD: forwarding a copy of the letter that H & H will send each of its customers, asking the customers to submit information on waste stream generation and contents. ~ 03/24/78 Letter from J Voelpel, atty, to D Rector, AQD: informing that Hartley will proceed as discussed at the 03/20/78 meeting with AQD staff, and will work toward DNR imposed contaminant level maximums. 03/24/78 Letter from T Hapier, H&H, to B White, requesting copics of all complaints received by AQD over a 12-month period. f 03/28/78 AQD Activity Report, B White: complaint, E Brown, was bothered by a chemical smoky odor from the H & H '~ incinerator. 03/28/78 AQD~ Activity Report, B White; complaint, J Polcek, was bothered by smoke and odor " coming over his house" from the H & H incinerator. Polcek was certain that the smoke he was smelling had an affect on his health. ~ 03/28/78 Memo from D Rector. AQD, to J Hesse, Toxic Materials Control; advising that the H & H incinerator is inadequate for burning DBCP from Velsicol Chemical Company. ~ 03/29/78 Memo from S Freeman, Asst AG, to G Taylor, Asst i AG; i nforming that H & H is the last incinerator in Michigan l without proper pollution control equipment, and the AG has committed to requiring adequate pollution control, or to shutting H & H down. Freeman asks for timely action in preparation of appropriate pleadings, and requests EED staff g provide file materials and ossistance. 03/30/78 Letter from D Rector, AQD, to J Voelpel, atty; informing that the DNR is aware that H & H is apparently dragging its feet, and the DNR expects that H & H will comply with pollutant level restrictions. H4 -e w -u y-

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L s L 04/04/78 IOC from J Bails to D Rector, AQD; requesting a decision be made how to proceed with the Hartley case, whether EED concentrate only on the AQD issues, or on the entire environmental pollution aspects.

Attachment:

S Freeman memo of O3/29/78. i L. 04/05/78 AQD Activity Report, B White: complaint by E Brown, that H & H started burning at 5:30-6:00, with thick black smoke hanging in the air. 04/06/78 Certified letter to J Voelpel, atty, from D Rector, AQD; informing of a meeting on 04/18/78 in Lansing of the MI Air Pollution Control Commission to discuss H & H. 04/14/78 IOC From D Rector to J Bails; advising that only "past gross violations of the Air Use Permit be referred to the AG's Office", since H & H has agreed to install air pollution control equipment or shut down by 07/01/79. Attachments include additional information pertaining to the permit violations. 04/17/78 Letter from Director H Tanner, to AG Frank Kelley; requesting that thtAG's Office take legal action for all violations of H & H's air emission permit. 04/20/78 Letter f rcm F Kelley AG, to Director Tanner; informing that the matter has been assigned to the AG's EPD, for investigation and recommendation of appropriate legal action. ~ 04/21/78 Bob Miller MDNR, notifies Massachusetts that Hartley & Hartley is not licensed for hazardous wastes, and will never be available for disposal of hazardous wastes. 04/27/78 Memo from J. Bails Chief. Environmental Enforcement, to EPB Chiefs indicating that Hartley & Hartley has agreed to shut down incinerator "within six months", ~ requesting documented listing of additional problems each division needs to have addressed. The license for the Hartley operation will continue to be held in abeyance. 05/04/78 Letter from R Miller. AQD, to J Voelpel, atty, forwarding a copy of the proposed draft Consent Order as it relates to air pollution control. 05/05/78 Letter from J Voelpel, atty, to D Rector, AQD, reqLasting that H & H be placed on the MAPCC agenda. 05/08/78 10C from M. Johnson to D Jenkins, Chief, Wildlife Division; Enclosed Field inspection report. "In my opinion. there is a direct trespass on the site of the oil dump, and a violation of dumping laws in the method of disposal by Hartley & Hartley. Wildlife is threatened, habitat has been u

tLe i t 4 1-L. t destroyed and surface and ground water are threatened. There is also a direct violation of trespass and li.ttering in the vicinity of the border of the Tobica Refuge and the Bangor Twp landfill. Wildlifn and surface waters are threatened by littering and sedimentation f rom water and wind erosion." Johnson recommended field inspection by EED L. ASAP. 05/08/78 IOC from J Bails to W Turney, EPB; requesting that l all environmental issues be addressed in the Consent Order, i ~ not just those of AQD's concern. 05/10/78 Letter from D Rector, to J Voelpel, atty; informing that H & H is added to the MAPCC agenda in the afternoon. 05/11/78 Consent Order signed by P. Chenard, President H & H, which sets dates for removal of liquid wastes and limits on various aspects of Hartley & Hartley operation. l ~~ 05/12/78 Memo from L. Thornton, RRD to J. Truchan, EED-detailed report of the 05/03/78 meeting with Hartley personnel. Hartley notified to clean up debris on state land, notified that the MDNR requires a l' clay cap on I closed landfills, that observed leachate breakouts were in the process of being repaired, that a detailed hydrogeo review must be submitted, and that Dow Corning gels in slurry form are liquid industrial wastes and cannot be introduced into the solid waste landfill..Thornton asked to be kept informed of the Department's intentions for fur.ther actions. 05/17/78 Memo from S Freeman Asst. AG to G Taylor. Asst AG; ?._ forwarding a copy of the Hartley proposed Consent Order i already signed by the H & H president, and requesting that l all legal action be suspended until after the MAPCC meeting and public hearing. 1 05/17/78 Bay City Times Article. Hearing Set June 8 On Air I Pollution t 05/19/78 Memo from Tom Prawdzik to Nels Johnson, Reg. [ Wildlife Biologist, discussed oil loss in Tobico Marsh. i 05/23/78 Letter from MAPCC to Bay City Times and the Bay j City Valley Tribune requesting that the attached legal notice regarding the H & H hearing be published before 05/31/78. 05/24/78 Letter from AQD to R Peplinski confirming that a f public hearing will be held at the Bangor Twp Hall on i 06/08/78, regarding H & H incineration, and forwarding copies of the consent order and the hearing notice. f

' L. 05/24/78 Letter f rom D Rector AQD, to J Voelpel, atty, advising that the MAPCC would not enter into a consent order {- with Hartley & Hartley until after related water and waste issues were settled, and after the public hearing of 06/08/78. i L 05/24/78 MDNR AQD Staff Report and evidence regarding Hartley; many attachments. Waste Stream Analyses Sheets 05/26/78 Letter from J Voelpel, atty, to D Rector, AQD Chief; advising that Hartley & Hartley has no knowledge of an " alternate proposal" to be presented at the public hearing on June 8, and requests that the DHR not submit any alternate proposals unless Hartley and the MAPCC have considered it previous to public scruitiny at the hearing. 06/02/78 Letter from J Voelpel, atty, to D Rector, AQD; forwarding the analysis of Cell 5, and advising that Hartley & Hartley will be represented at the 06/08/78 meeting. 06/02/78 AQD Activity Report, B White; data concerning Cell 5 of H & H. 06/05/78 Letter from B White, AQD, to T Napier, H & H; Requesting copies of air quality analysis forms and Water Resources reports forwarded to Lansing. e 06/06/78 Letter from D Rector, AQD Chief, to J Voelpel., atty; advising that AQD sees no reason to continue burning materials from Cell 5, and shutdown of the H & H operations can therefore occur earlier than 10/78. 06/07/78 Certified Letter from D Rector to J Voelpel, advising that the MAPCC meeting will be held at the Holiday Inn in Marquette, and will discuss the public hearing report from the 06/08/78 meeting. 06/07/78 Report by AQD, R Miller on the Hartley matter. ~ 06/07/78 Bob Miller presents statements of MDNR's doncerns at a public hearing regarding Hartley & Hartley. 06/08/78 Comments of the MUCC to the MDNR Regarding the Propcsed Final Consent Order with SCA Services. Inc., ~ Hartley & Hartley; strongly denouncing the MDNR's handing of the case. 06/08/78 Note to files: regarding pesticide screening by H & H contracted lab, and concern that there may be more in the Cell than just Dow gel constituents, there may be leachate from other portions ( tne landfill.

.. ~. -. - i L. 06/08/78 Letter from J Voelpel, atty, to D Rector, AQD Chief; requesting that the MDNR maintain the previous position of allowing Hartley to continue incineration. 06/08/78 Letter from J Pollack, Dow Corning,~ to D Rector. I AQD Chief; discussing the constituents of Corning gels and ~L. brines, describing Corning's dependence upon H & H for disposal of the waste gels and brines, and forwarding a toxicity report on the brines. ~ 06/09/78 Newspaper Article Bay City Times, DNR Cites Kawkawlin Firm for Waste Disposal Violations 06/09/78 Memo from D Meyer to G Su/R Miller; advising data regarding disposal options of the materials in Cell 5. 4 06/13/78 Letter from J Voelpel to G Su, AQD; advising reasons he feels that there should be no reason to screen the Cell 5 materials for dioxins. 06/14/78 Letter from J Voelpel, atty, to MAPCC; in answer to all of the questions the MDNR made at the 06/08/78 public hearing, and charging that the Department has continually changed its position on matters concerning Hartley. "These changes in position are unacceptable to the company (Hartley) and no Company can be required to operate within t their context..." Voelpel submits attachments. 06/16/78 Letter from G Su, AQD, to J Voelpel, atty; correcting a misinterpretation of a statement Su made during l a telephone conversation. 06/16/78 Letter from the Bay County Board of Commisioners, 3-to F Kellow, RRS/DNR, requesting his presence at the 4 07/18/78 meeting of the County Commissioners to discuss Hartley. ~ 06/16/78 Memo from D Meyer to D Rector and R Miller; advising that Hartley would make a new offer to the MDNR at the Commission meeting, but J Truchan stated that the Departmental position regarding entire environmental resolution stands. L_ 06/19/78 AQD Plume Observation Sheet showing Hartley & Hartley in violation of greater than 80% opacity on 06/19/78 at 10:16 am and 12:18 pm for 15+ minutes each. ~ 06/20/78 Newspaper Articl,e, Bay City Times: Area Firm to-i Continue Burning Toxic Wastes, State Likely to Prosecute 06/20/78 AQD Plume Observatien Sheet; B White, citing greater than 80% smoke opacity at 8:59 am, continuing for greater than 15 minutes. i e

. L. l L. 06/21/78 Memo from R Miller to B White /R Johns /J Bails; advising that J Voelpel, atty called to inform the-rate of I disposal of waste by incineration, and that H & H could have L. all wastes disposed well before Hartley's committed 08/01/78 operations termination. Attached news release, and l Emergency Order to Cease and Desist. ~ L. 06/22/78 Memo from R Miller to Mary Ann requesting that all information from the Hartley public hearing be sent to J Swanson of Swanson Environmental. 06/27/78 Memo from R Miller to B White and J Bails; advising that Hartley & Hartley presented a new Consent Order which proposed discontinuing operation of the incinerator by 08/01/78 rather than 10/31/78, but the MAPCC rejected the proposal, and left the matter in the hands of the AG's office. Proposed Order attached. 06/27/78 Letter from B White to T Napier, H&H, requesting permission for DNR Staff to collect samples of fuel and wastes burned in the incinerator, and will continue for 30 days, commencing on 06/28/78. 06/27/78 ACD Activity Report, M Jury; Jury was refused permission to sample as sufficient notice had not been given. ~ 06/28/78 AQD Activity Report. W Reid: Hartley reluctant to allow taking of samples, but 4 samples were taken. 06/28/78 Sample Chain of Custody 06/28/78 Memo from Tom Prawdzik to Nels Johnson, Reg. Wildlife Biologist, regarding the 06/27/78 inspection "Large amounts of paper and plastic material are still present on public land...in a two acre marsh...I saw two broods of... teals, a brood of mallards, and a coot brood in this marsh. About five weeks ago, an attempt was made by Hartley personnel to pick up some of the material...the small amount picked up is still present in several barrels, a boat and plastic bags. Many of these bags are broken... There appears to be some leaking from the landfill into ground water outside the diked area..." 06/28/78 Dr. Tanner, MDNR Director, issues to Hartley & Hartley an Emergency Order to Cease and Desist. ~~ 06/28/78 Memo from J Bails to Chiefs WQD. AQD, Law; requesting that each division continue surveillance of Hartley for the next 30 days to determine compliance with the Cease and Desist Order. w

~ 06/28/78 Radio and TV release describing Order to Cease and Desist. 06/30/78 AQD Activity Report, W Reid; no incineration at H & H; foreman R Grooms stated that there would be no burning until 07/05/78. ~ i 06/30/78 Letter from D Rector to J Voelpel, atty; advising that the request f or a contocted case had been received and was now being transferred-to the EED/EPB. 06/30/78 Memo from D Rector to W Turney, EPB; forwarding J Voelpel's request for a contested case hearing, and suggesting that it be referred to J Bails, EED, and S Freeman, Asst AG. 06/30/78 Letter from R Miller to the Bay County Board of Commissioners; advising that someone from J Bails' EED staff would be more appropriate in attendance, and that he would forward the request to J Bails. 07/07/78 Memo from R Miller to B White, requesting that twice weekly sampling of the Hartley operation continue. 07/07/78 Letter from D Rector to J Voelpel, atty; advising i that the MAPCC rejected the Consent Order, and that DNR issued a Cease and Desist Order. 07/7d/78 AQD Activity Report, W Reid; incinerator not in ope ra ti on, no samples taken. 07/13/78 News Article, Saginaw News, Vaporizing May Have Left PBB Traces in Bay Area 07/13/78 Letter from L Thornton to Bay County Commissioners confirming DNR attendance at the July meeting. ~ 07/13/78 Memo from T. Prawzdik, Biologist, to N Johnson, Biologist,regarding the debris from Hartley landfill on state land; "On 07/10/78...some plastic debris has been picked up along the west edge of the public land..." 07/14/78 Memo from G Su to the files; regarding a visit to H & H. Detailing inventory of tanks and lagoons, and advising that Su did not authorize burning of any susbstance as Hartley refused to provide any analytical results on the waste. 07/14/78 News Ar ticle. Bay City Times, Hartley Burned PBB, to Shut Incinerator 07/18/78 Letter from W Soper, H&H Lab Mgr.; with analysis of Upjohn waste stream. 6 m m

L ~ 07/18/78 News Article, Saginaw News, Incinerator Pollutants Not PBB? 07/18/78 News Article. Bay City Times, DNR Denies Hartley Burned PBBS 07/19/78 News Article, Bay City Times, Hartley May Also Close its Kawkawlin Landfill. 07/19/78 Letter from G Su, AQD. to T Hapier, H & H; "~ advising which fuels Hartley may incinerate. 07/19/78 Memo from R Shaver, O&HM. to J Bails, EED; describing inventory and sampling at Hartley 07/12/78. 07/20/78 Memo from G Su. AQD, to J Bails. EED, advising which fuels Hartley was authorized to burn, and forwarding a copy of the 07/19/78 letter from Su to T Mapier. 07/24/78 Letter from G Su to T Napier, confirming a ~ telephone conversation with W Soper authorizing incineration of tanks 1 and 6. 07/25/78 AQD Activity Report, B White; complaint from E Bennett, that H & H incinerator smoke made the " surf ace of her home a smeary mess"; they had just painted their home. Since H & H was not operating their incinerator, White suspects Consumers Karn-Weadock as the source. l 07/28/78 IOC from W Turney, to J Bails; advising that authorized fuels are almost completely disposed, and the incinerator will be shut down permanently, 07/31/78. There will still be approximately 40,000 gallons of sludgy material, and 20,000 gallons burnable waste Hartley cannot incinerate. Hartley intends to dispose of the material in the Wilsonville, Illinois, facility. Turney authorized exceeding the 300 barrel storage maximum limit so that ~ cleanup will proceed in a timely fashion. 07/28/78 Memo from G Su to 1 Bails; regarding changes in Hartley authorization for i,cineration of materials. 07/31/78 Memo from G Su to J Bails advising that T Hapier of Hartley stated Hartley will stop all incineration permanently, 07/31/78. ~ 08/02/78 IOC from R Johns to B White; requesting that a program of surveillance of H & H begin to assure compliance. 08/02/78 AQD Activity Report, W Mattingly; visit to Hartley confirmed shutdown of incinerator. w

L ~ 08/04/78 Letter from Jack Bails, Environmental Enforcement, to Hartley & Hartley outlining Hydrogeo study requi r ctnen ts j at the H & H site. L 08/10/78 Letter from J Bails to J Voelpel, a,t ty ; since agreement with Hartley had been reached, Voelpel requested L that the contested hearing be suspended until Voelpel indicates an establishment of a contested hearing date be necessary. l' 08/16/78 Memo from B White to R Miller; advising that H & H burned natural gas in the incinerator to keep the brick in good shape, and forwarded a copy of a Saginaw News article describing problems SCA Services is having in Wilsonville, L. Illinois. 08/17/89 Letter from T Napier, H&H. to B White, confirming that natural gas was burned in the incinerator, and that if gas should be needed to be burned in the future, the field office would be notified. 08/22/78 AQD Activity Report, W Mattingly; Hartley incinerator not operating, in compliance. 08/29/78 AQD Activity Report, W Mattingly: Hartley incinerator not operating, in compliance. ~ 09/20/78 Memo from T Prawzdik, Biologist to A Caden, Engineer; advising Caden that "there is considerable debris... that has blown in from Hartley's landfill into... the Tobico Refuge ..An effort should be made as soon as possible to clean up the debris in the marsh." 10/19/78 Memo from T. Rohrer, Office of Toxic Materials Control. ESD to Jack Bails,.EED: Regarding Wildlife Samples from Tobico Marsh, downwind from Hartley & Hartley. The ~- samples were tested for PCBs A-1242, A-1254, A-1260: PBB, DDE, DDT, and other organics. 11/15/78 Memo from J. Bails. Environmental Enforcement, to Bill Turney, indicating that SCA Services plar.ned to close Hartley & Hartley in "90 days". 03/07/79 AQD Activity Report, W Mattingly: Hartley incinerator not operating, in compliance. 05/15/79 Letter from L Walker, AQD to H & H; air ~ surveillance fee is reduced 10/12/79 Letter to Larry Thornton from SCA Services, stating hydrogeo review completed (not in file) and SCA j wanted to enter into an agreement f or a two year monitoring program. M

L. ~~ 01/08/80 Certified letter from K Zollner, Engineering & Technica) Services, to Hartley & Hartley; forwarding a copy { of the proposed resolu tion deving per mi t, to be presented at the WRC 02/21/80 meeting. 04/09/80 Memo from T Prawzdik to J Fisher, Environmental Services, forwarding copies of correspondence regarding Hartley & Hartley. 11/07/80 Dr. Tanner, MDNR Director, issues Stipulation and Consent Order for Closure to SCA Services in the matter of Hartley & Hartley. L-09/07/82 Report on Inspection to Determine Compliance with the PCB Disposal and Marking Regulations. MDNR WQD; only a portion of the report is reproduced for the lit file: "The PCB oils in the hydraulic systems were drained and flushed prior to any effective regulations. These fluids went to state disposal facilities including the now closed Hartley & Hartley incinerator in Kawkawlin, Michigan." 12/17/82 Letter from R. Mahoney SCA to L. Thornton MDNR, informing Thornton that SCA's environmental assessment included a hydrogeo study and a metal detection survey by GeoEngineering of HJ, as well as a microbiological investigation for remediation of the leachate by Polybac Corporation of PA. Enclosed as attachments were a scope of work plan and a technical proposal. 02/24/83 Memo from T.Prawzdik, Biologist, from J.

Shauver, EED, f or warding correspondence f rom Hartley & Hartley.

03/03/83 IOC from Dan Schultz, GOD to G. Boushelle, Wildlife, informing Boushelle that Schultz will be undertaking the continued monitoring of Hartley in place of F Gottschalk, and suggesting Wildlife's continued involvement. 03/21/83 Letter from J. Bails, EED to G. Kush, SCA; advising that samples collected from 55 gallon drums buried in Tobico Game area contain concentrations of hazardous wastes which must be removed from state lands immediately. 03/31/83 IOC from J. Bails. EED to Division Chiefs, reauesting correspondence or file materials relating to the Hartley Site. e 04/07/83 IOC from G. Martz, Wetlands, to R. Elden. Wildlife: notes on meeting 04/05/83 between MDNR, SCA Services, and Polybac (bacterial cleanup of organic pollutants consultant). e

L: L 04/19/83 Memo from T. Prawzdik, Biologist,-to G. Hahn, EED: detailing Wildlif e collection f or contamination analysis { from Tobico Marsh. 05/01/83 News Article, Ann Arbor News, Game Area Cleanup Seems Possible L 05/04/83 Memo from G. Gettel, EED to T. Prawzdik, Wildlife, advising that the wildlife collection was sufficient for [ preliminary estimates of contamination. 05/05/83 Memo from T. Prawzdik to G. Gettel, EED; forwarding District 8 files on Hartley. 05/09/83 Memo from T. Prawzdik, Biologist, to G. Hahn, EED; detailing data on and locations where wildlife specimens were taken from the vicinity of the Hartley & Hartlpy dump. 05/10/83 Memo from T. Prawzdik to G. Gettel, EED; forwarding District 8 slides of the Hartley site. 10/24/83 Letter from J. Bails. Environmental Enforcement to J. DiNapoli SCA's H & H Project Manager, stating questions and concerns from the MDPH and various MONR divisions regarding SCA's encapsulation and treatment of the Hartley & Hartley site. ~ 11/17/83 US Nuclear Regulatory Commission Region III Inspection regarding Dow Chemical Company, Midland, and Wellman Dynamics Bay City Facility. I nspec_t i o n : Reason for inspection was that radioactive material was found at the SCA Services (formerly Hartley & Hartley landfill), identified as thorium-232 and its L. daughter products. Both Dow Chemical and Wellman Dynamics used thorium alloys, and this investigation would determine any involvement, and any corrective measures An aerial radiologic' survey of the area was conducted in May 1980, and an excess of thorium daughter product was indicated over the surface of the landfill. The DNR became aware of the i radioactivity in 1982. Radiological surveys and soil L-sampling by the DNR and USEPA were conducted in 1983. The samples physically resemble thorium / magnesium sludge stored on Dow Chemical property. It is not'known to what depth the radiation emitting material can be found. Pow Chemical _ Company: D. Wilson of Dow Chemical Company recalled only three organizations which disposed of radioactive wastes: Hartley & Hartley, City Disposal of Saginaw, and Nuclear Engineering Company of Sheffield, Illiois. Non-radioacive waste from the Bay City facility was picked up by Hartley & Hartley, but Wilson was aware that Hartley also picked up waste state-wide for disposal in the Kawkawlin facility. All radioactive waste from Dow Chemical.was stored onsite, or hauled by Nuclear Engineering Company. Dow also accepted sludge from Wellman until 1970.

L \\ Wellman_ Dynamics: S. Simmons said that Hartley & Hartley disposed of all non-radioactive waste since 1962. -F. Herber i said that radioactive waste was collected in wheelbarrows b and emptied into dumpsters which were used to haul radioactive waste to Dow's Bay City sludge pile. Herber also 7 recalled that Floyd Bedell of Hartley & Hart 1'ey hauled away L the dumpsters containing the thorium / magnesium sludge and Bedell knew that the material was radioactive. Bedell told Herber that Hartley had a place where they would dump the sludge, but Herber did not know its location. Bedell came ~" to remove waste from Wellman twice a week, and no one from Wellman supervised the dumpster removal. The radioactive sludge was so similar in appearance to the non-radioactive sludge, which Hartley also hauled, that one could tell the difference between the wastes only with a geiger counter. Ha,ttley__& Ha r tley : Jerome Lozo was a truck driver for Hartley and confirmed that he picked up dumpsters full of .y sludge and emptied them at the landfill, in no particular place, and the truck drivers did not know that'there was any radioactive waste-- they just hauled away the dumpsters that were full. Mr. Wayne Hartley could not be contacted for comment. Evalua_ tion: Wellman did not comply with AEC regulations, and apparently made improper disposals of licensed material to a hauler without assuring that the recipient was authorized to receive the licensed material, or that the material was disposed of in an authorized dump site. 12/08/83 Letter from NRC to Wellman-Dynamics Corp. "The inspection showed that radioactive waste was disposed of at (Hartley & Hartley)...and on adjacent MDNR property... It appears that this waste came from your Bay City, MI opera ti ons, and was not disposed of according to the i requirements...then in effect. We will contact you...to discuss... enforcement action... and any needed remedial actions." ~ 11/22/83 Memo from Asst. AG S. Steinborn to J Bails. EED: stating that because the MDNR knew that the 39 acres traded with Hartley was contaminated, the MDNR was legally responsible to abate the nuisance. However, the legal position could change, should the discovery of any evidence that a factual si tua tion raising new issues be uncovered. 11/30/83 Memo from G. Guenther. Wildlife, to J Bails. EED; regarding the SCA encapsulation of Hartley. Wildlife staff believes the concept of encapsulation is reasonable, but containment should include state land adjacent to Hartley; control of leachates, should begin ASAP: concern that endanged and rare species be protected through appropriate permits, if necessary. eba m

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12/02/83 IOC from Jack Bails, EED to C. Guenther, Wildlife; advising that the AG's office has stated that the MDNR has no legal basis to require SCA Services to clean up the Hartley mess at Tobico Marsh. 12/09/83 IOC frpm M. Cooley, Wildlife to G Boushelle, Biologist; advising Boushelle of the AG's opinion on MDNR involvement with SCA Services and Tobico. 12/20/83 Memo from T Prawzdik Biologist to G Boushelle, Regional Biologist, suggesting that the site contaminated by Hartley & Hartley be fenced and posted to keep people out of the area. 12/22/83 Letter from D. Dennis GQD to R. Mahoney SCA, requesting status of SCA property cleanup and possibility of L SCA including a slurry wall to surround the State's i property. t 12/28/83 IOC from J Martz, Wildlife to C Guenther, Wildlife; advising progress on the contamination and cleanup at Hartley Landfill site: It is premature to contact ^ legislature for monetary appropriation; other sources (CERCLA, Act 307) for cleanup monies are nil; wildlife specimens have low contamination levels, radioactivity levels are low, and no groundwater wells have been impacted; 3 GOD suggests fencing the area. t 02/06/84 Letter from DiMapoli of SCA, to Dan Schultz FONR Ground Water Quality, responding to Jack Bails' 10/24/83 letter. DiNapoli answered comments and stated the current status of the remedial action nrogram with engineering of the containment system begun, construction of system scheduled for May 1984, and bacteriologic degradation study of H & H wastes by May 1984. 02/06/84 Letter from C. Paperiello, NRC, to Dan Schultz, MDNR Groundwater Quality, enclosing a copy of NRC criteria for onsite disposal of thorium. Criteria state that the land must be zoned for industrial use, the title documents be amended to state the presence of buried radioactive i material, the land may not be excavated or farmed or built upon, and access to the land be restricted to reduce public exposure to radioactivity, with appropriate warning posted. { 02/07/84 Memos to J. Hennigan MDPH, J. Shaffer AQD, J. Hesse MDPH, with a copy of DiNapoli's 02/06/84 letter, asking f or comments. 02/09/84 Letter from DiNapoli SCA, enclosing results of the quarterly sampling of 12/5-6/83. [U F

t -I 1 t 02/13/84 Memo fron R. Tech AQD, to D. Schul tz GQD, with concerns for air monitori ng during cont ainment construct 2 on, dust control, decontamination of vehicles used onsite, and recuest for DiNapoli's calculations which preclude the need. { for a gas vent on the containment clay cap. l f O2/17/84 Memo from G. Bruchmann MDPH to E. Klaviter MDPH, t regarding DiNapoli's 02/06/84 letter; MDPH insists that { radioactive analysis of samples be continued to assure that t the thorium is stabilized and remains so. MDPH is concerned j that capping the area may be in conflict with NRC criteria. i 02/22/84 Letter from J. DiNapoli SCA, to D. Schul tz GQD, that Sampling is scheduled by Clow Labs for 3/6-7/84 J( 03/04/84 Hartley & Hartley, Articles of Incorporation t 03/28/84 Letter from G. Bruchmann MDPH to D. Schultz GQD, { i regarding the fate of the thorium waste at the Hartley site. Bruchmann cited a case in which the contamination of Kress l Creek and the West B ranch of the DuPage River by the 1 operations of Kerr-McGee. a USNRC licensee, was the responsibility of Kerr-McGee and Kerr-McGee would cl'ean the l area, even though the company did not own the land. Bruchmann stated that the USNRC found Wellman-Dynamics responsible for illegally disposing of radioactive waste, '[ and should thereby be responsible for its cleanup. I't 04/11/84 Letter from D. Schultz GdD, to J. DiNapoli H & H stating MDPH and MDNR questions and concerns from DiNapoli's ( O2/06/84 letter. NDNR position that encapsulation without treatment is not acceptable. 04/16/84 Memo f rom Jim Sygo a JD, to D. Schul tz GQD; permits and licensing for construction of containment wall and bio-treatment unnecessary. 04/17/84 Letter from E.C. Klaviter to MDNR, USNRC and MDPH { personnel to meet and discuss items relative to the thorium waste at the H &H site. 04/19/84 Letter f rom DiNapoli SCA, to D. Schultz GQD. l t stating the final construction plans and specifications for containment of the Hartley & Hartley site. Based on the comments from the MDNR and MDPH, SCA proposed to include the ? State property in the slurry wall containment plan in f exchange for elimination of: onsite treatment, air moni tori ng during construction, and the clay cap gas vent i system. i i i i

-~ i i b 06/08/84 Memo to J. Shaffer AQD. from R. Johns GQD, regarding the SCA proposal to contain State Land with exemptions. Johns suggested a condi tion be stipulated in-the agreement between SCA and the State, that the State retain the right to protect the public, and should construction produce " foul or noxious odors, SCA shall l l immediately cease construction...until the cause of th. emission is corrected... SCA shall not restart the affected construction activity without approval..." Johns also suggested that SCA allow DNR staff access to the site at any time, that no wastes be excavated for transport offsite,'and other air quality issues be answered satisfactorily. l 06/13/84 Project Meeting between J. DiNapoli SCA and D. t Schultz GQD to review proposal to. encapsulate State Property along with the Hartley site. DNR agrees to SCA proposal. l and DiNapoli gave Schultz a draft of the agreement for encapsulation of the State property. I 06/20/84 Memo to Carl Paperiello NRC. from D. Schultz GOD, requesting approval of the SCA encapsulation proposal. 06/22/84 FOIA request of H& H file from Dan Sweeney, Waste 1 Management, Incorporated. i 07/09/84 Memo to M Schumacher USNRC, from D Schultz GQD, supplying information requested for the Hartley & *iartley I site. P 07/12/84 Memo from T Prawzdik to J Martz, Wildlife: advising { that prawzdik has no comments on the containment of materials at Tobico. i 07/16/84 Letter from L. Lipinski, Compliance GQD to D. o Schultz GOD, with comments on the encapsulation construction specifications. 07/18/84 Letter from J. Voelpel atty for SCA to D. Schultz GOD, with the revised draft of the agreement for the Hartley s j site. 1 07/24/84 Letter from J. DiNapoli SCA to D. Schultz GQD, regarding proposed changes in the location of the slurry wall. 07/25/84 Letter from J.

Duncan, P.E..

Groundwater Technology, Inc. for SCA to D. Schultz GOD explaining reason for slurry wall key depth of 2 feet. 08/02/84 Memo from R. Tech AQD to D. Schul tz GOD, s ta ti ng r that SCA's draft was unacceptable unless the paragraph stated in J. Shaffer's 06/08/84 was included verbatim. Also, during an inspection of the conct ruction si te, Tech discovered that the location of the south side slurry wall did not enclose all contaminants. l l . - - - = tr' t-

• w se

i 9 i ( 08/03/84 Letter from D. Hall, Division of Land Resource Programs. to J. DiNapoli, SCA. stating that because of'the wetlands near the construction area, any activities outside I the slurry wall construction will require a permit under Act 203. 4 t 08/16/84 Letter from D. Hall. DLRP, to G. Mannesto, US' Army I Corps of Engineers, requesting speed in the issuance of a i permit for the construction at the Hartley site. 08/16/84 Memo from G. Bruchmann MDPH to T. Schimpf Ass't AG, supplying requested radioactive sampling and analysis i criteria SCA refuses to sample for radioactivity. l 08/22/84 Letter from D. Hall USACE to D. Dennis GOD directing "immediate implementation of the protective measures (encapsulation) detailed in the plan as submitted...I view the proposed plan to be acceptable as an i interim measure...(and) the Corps reserves the right.to j direct further action. 1 09/04/84 Description of State Property, and description of area of encapsulation on State Property. I 09/04/84 Letter from M Schumacher USNRC to D Schultz GQD: listing radiological survey data compiled for the Hartley i property, showing radiation levels " considerably above the...(level)...seen as normal background for the area. Soil samples also show near-surface thorium concentrations well above the... level deemed acceptable for unrestricted land use.' 09/06/84 Memo from D. Schultz GOD to M. Schumacher USNRC sending copies of the well logs, geologist *s notes and latest copy of SCA draft. 09/14/84 Letter from J. DiNapoli SCA to D. Schul t: GQD providing analytical results of 06/27/84 sampling. l 4 I 09/28/84 Amendment to 11/08/B0 Consent Order for Closure by a T. Schimpf, Ass't AG, signed by SCA and MDNR. l 11/09/84 Memo f rom K. Harrison Toxic Substance Control Commission to J. Hesse, Center for Environmental Health Services; requesting analytical results of the Bay County Health Department's sampling of private drinking water wells around the H & H landfill. l 11/20/84 Letter from D Scherger. Encotech, to K Buchanan, ACD; forwarding the analytical results from carbon tube samples. l

. - -. ~

)

12/28/84 io from M. Czuprenski GOD to M. Berman. EPA providing.

cpy of the SCA/MDNR agreement for the Hartley &

l Hartley site. 01/02/85 Notes to file, M. Czuprenski; State cap completed 12/06/84, and SCA hydroseeding completed 12/84 l \\ 01/05/85 Invitation from Saginaw Bay Advisory Council to D. '[ Schultz to give an up-to-date report on the Hartley & 'i Hartley site. E f: 01/08/85 Memo from M. Czuprenski GOD to D. Sweeney WMI, providing requested attachments to the Amendment to 11/07/80 i Consent Order for Closure. 03/21/85 Memo from M. Czuprenski GQD to S. Otterson WMI, providing requested forms, copies of Act 641 and rules, and j the Administrative Procedures Act. Czuprenski reminded Otterson that the MDNR needed to be informed before sampling, and copies of the analyses should be sent to this { office. r 04/8/85 Memo from D. Schultz to M. Czuprenski regarding a bond for the Hartley & Hartley landfill. The $160,000 bond [ is from 06/05/80 to 06/05/85 for maintenance of the landfill i as per Act 641, and would not be renewed. 04/09/85 Letter from S. Otterman WM1 to Delbert Rector i Chief, HWD MDNR, with a copy of the bond and a release of [ liability form to be signed by C. Rector so that the bond r may be cancelled. 05/1-2/85 MONR Field Staff notes: leachate outbreaks on i SCA/WMI encapsulation, where some liquid was flowing over j the road and into culvert; reseeding is necessary along' entire face of cap, and a 20 square depression near MW47 was seen. Outside and adjacent to State's encapsulation, a IO*x 5' pool of leachate was noted, with no visible outbreak in cap, but liquid had the same odors as the well samples, ~j 06/04/85 Letter from C. paperiello NRC to D. Sweeney WM1, f notifying him that the USNRC will be performing a j radioactivity survey of the SCA and MDNR properties on 06/24/85. Paperiello also requested documentation and wording of property markers and deed restrictions for the i Hartley property. 06/05/85 Memo from M. Czuprenski to J. Hennigan MDpH noting that the MDPH will be informed of future sampling so that split samples can be collected. I 06/J2/85 Bond for $160,000 to maintai n Har tley landfill t released by MDNR. I f ~ ,e w .iw m -e

4 1 r 07/26/85 Letter from W. Shafer USNRC to G. Bruchmann DRH i MDPH. stating that along with the semi-annual' samples analyzed by WMI and the MDNR, the USNRC and DRH of MDPH { would split sample annually at the November sampling period and test for radiologic analysis of the sample filtrate for 3 years. then determine if frecuency of sampling'should be modified. l t 08/19/85 Letter from D. Schultz MDNR to D. Sweeney WMI, { supplying analytical results of the groundwater and leachate, and the static water levels for the wells, y 08/22/85 Letter from D. Sweeney WMI to D. Schultz MDNR, ) informing him that the new WMI contacts are Jeff Passeno and Bob Barber at the Southfield, M1 office. 1 09/1985 Remedial Investigation submitted by E.C. Jordan Company. Portland. ME. l 10/02/85 FOIA request from Randall Groomes. - I 20/02/85 Letter from Jeff Passeno WMI to D. Schul tz MDNR, I notification of sampling on 11/04/85. 10/09/85 Letter from W. Shafer USNRC to Jeff Passeno_WMI. notification that the USNRC intends to split water samples from the SCA/MDNR wells and leachate and analyze the-filtrate for radioactivity. 1 11/14/85 Letter from G Eagle, Law, to M Buckingham, Asst Prosecuting Atty, Bay County; advising that no removals of + solid waste in accordance with the 10/10/85 agreement have been made; and smoke from the incinerator indicates unauthorized burning. Requesting response regarding 12/02/85 removal deadline., and forwarding a copy of 10/15/85 letter to T Bock, Defense Counsel. i 12/16/85 Letter from B Brouillet, A R D,- to W Hartley, notifying that burning of waste wi thout prior autorization l is prohibited, and any future burning will bring enforcement j act. ion. ~ 04/02/86 Letter from D. Schultz MDNR to D. Miller WMI, notifying him that on 03/24/86,- field staff onsite for remedial investigation of State property observed large patches of stressed vegetation and discolored ground surface i of the clay cap on WMI property. There was a strong odor, and gas bubb3es could be seen coming up from below ground surface. Miller was advised to investigate this situation and advise the MONR of measures to be taken to address the observed breakouts. [! i 1 i

~ j l i t 04/17/86 Letter from D. Miller WMI to D. Schultz MDNR, ~ responding to Schul tz 's request to address the breakouts: I Miller visited the site 04/08/86 and noticed stained ground 1 and an odor, but did not admit any ' stress on vegetation. Miller advised that the SCA/MDNR agreement appeared.to be. s without force, since the effective date was past. But WMI would repair and revegetate the areas of observed breakouts during the summer construction season as per WM1 policy and in cooperation with MDNR. I 05/09/86 Letter from Mike Beaulac MDNR to Jeff Passeno WMI, 'l responding to Passeno's request that the-WMI/Hartley Act 307 l score be recalculated. The site score was reduced from 737 to 725. 07/25/86 Memo from C. Rademacher Tax Lands, to Roland i Harmes Lands Division, Hartley buffer s t rip p rope r ty wil l iMS deeded to the State because of tax reversion. j 09/05/86 Memo from John Shauver EED to D. Schultz GQD, forwarding copy of Rademacher memo 07/25/86. and advising j that if a voluntary cleanup by responsible parties is not -i probable, then Schultz should proceed with a referral to the AG to force cleanup. 11/25/86 Letter from D. Miller WMI to D. Schultz MDNR,- i informing MDNR of methods of repair at Hartley & Ha r tl ey. 03/03/87 FOIA request from Ralph Barbier atty, Barbier, ( Petersmarck, Tolleson, Mead & Paige. 04/10/87 Hartley & Hartley Site Expenditure Summary for t FYB7 20, $20,832.17 for private contract services. i 05/20/87 Meeting: A.

Marshall, W.

Kosinski GZA/D, M.

Stephens, R. Klann MONR ERD; discussed Hartley Site and j

defined scope of work for Feasibility Study. .y 06/04/87 Letter from Roger Cooley, Warzyn to Rhonda Klann,

MDNR, submitting a chronology of work completed and invoice i

for $6500 to follow. 05/29/87 Letter from Christine Iversen MDNR to Austin Marshall GZA/D notifying GZA/D that DNR prepared to begin development of a work plan and project assignment for a Feasibility Study at Hartley & Hartley, with R. Klann as project administrator. ) 07/07/87 Memo from Walter-Kosinski GZA/D to R.Klann MDNR with basic schedule for preliminary work on Feasibility .I Study. Rhonda also provided additional documents'to GZA/D so that a thorough unrepetitive work can be finished. 1 i s [ ---n ,-.,,..- - ~ ~ n

I L 07/14/87.. Letter.from R.Klann MDNR to R. Cooley, Warzyn, informing Warzyn that the cost of preparing the work plan would not be. reimbursed. 3 08/04/87 Letter from R. Cooley to R.Klann listing weekly project accrual. _ i 08/17/87 Memo to file regarding telephone conversation with W Kosinski GZA/D; A. Marshall went to Lansing to see A. .j ~ Hogarth with questions on work plans. Marshall had j questions answered and can send plan. Feasibility study has { been started. 7 08/19/87 GZA/D Work Plan submitted by A Marshall. i 08/31/87 R. Klann MDNR submitted proposed project assignment and site work plan to A. Hogarth MDNR. I 09/03/87 A. Hogarth assigned Hartley & Hartley Conceptual j Design / Feasibility Study to GZA/D, accepted by A. Marshall i 09/19. 09/30/87 Facsimile transmission of GZA/D draft Feasibility Study. 10/28/87 Memo from R.Klann to A. Marshall GZA/D requesting documentation to substantiate hours invoiced. l 10/29/87 Memo from W.Kosinski GZA/D to R.Klann & M. Step' hens ~ MDNR with notes on the special field laptop computer in work j plan. Kosinski needs decision on model so that computer may { be ordered. 11/16/87 Memo from R.Klann to'C.Iversen requesting ( extension of end date on Hartley & Hartley, from 9/30/87 to 1/31/88. 1 l 12/09/87 Letter from M Masterson GLEAS/WQ to Allan ~ Brouillet SWQD; 5000 gallons per day of purge water from the Hartley site can be treated at the West Bay County Regional WWTP if the effluent does not pass through-the plant. Masterson thought that if purge water volumes approached j 50,000 gpd, contaminants might. pass through the plant' at injurious levels. 12/22/87 Letter from R Klann MDNR to R Cooley Warzyn advising that the State will consider reimbursing Warzyn expenses to 03/20/87. 01/05/88 Feasibility Study submitted by Walter Kosinski i GZA/D; MDNR comments attached. I l 02/22/88 Hartley & Hartley Site Expendi ture FY88,- 10; $22,037.50 for private contract services l ..w,

m 1 05/10/88 Hartley & Hartley Site Expenditure FY88, 20': 599.955.40 for private contract services. ~ 05/16/88 Memo from R.Klann to Gary Guenther Chief ERD, Hartley & Hartley total monies spent on project $169,222.21. t 06/14/88 Hartley & Hartley Site Expenditure FY88, 30: 99,955.40 for private contract services. 06/15/88 Letter from R.Klann to Austin Marshall GZA/D requesting sufficient documentation / activity reports be attached to invoices when they are resubmitted. 07/05/88 Letter f rom GZ A/D f rom J.Mahlow Administrative Services MDNR revising end date from 09/30/87 to 04/30/88. 07/15/88 Memo from R.Klann to C.Iversen requesting that_the end date from Hartley & Hartley be extended from 4/30/88 to 12/31/88. 07/20/88 Letter from J.Mahlow Administrative Services MDNR [ to GZA/D revising end date from 04/30/88 to 12/31/88. 10/05/88 Invoice submitted by Warzyn for expenses through 03/19/87; figures incorrect, returned. ~! 10/07/88 Level of Effort Contract Assignment for GZA/D. 10/25/88 Letter from D. Miller to R.Klann MDNR regarding l information sent by the NRC for appropriate wording concerning the Hartley granite marker and deed. restriction'. j 11/01/88 Corrected invoice submitted by Warzyn'for expenses through 03/19/87; Optional Form 60 filed; figures corrected. 12/09/88 Memo from R.Klann to C.Iversen requesting that the end date from Hartley & Hartley be extended from 12/31/88 to 05/31/89. 03/18/89 Invoice status for GZA/D. i 03/20/89 Invoices approved for payment: GZA/D

1. 97,133,41,54,77 for $1931.19.

i 03/20/89 Invoice approved for payment: Warzyn for $2817.02. l 03/20/89 Invoices approved for payment: GZA/D

1. 40,63,132,119 for $9868.73.

03/21/89-Field Requisition and Project Assignment Form for Warzyn from 02/01/87 to 03/19/87. i

f { l 1 03/21/89 Memo from R.Klann to K.Crawley regarding GZA/D invoices 853.76 which had incorrect figures. Returned to GZA/D. l t 03/26/89 Letter from M.Schuster GZA/D to R.Klann regarding 'l invoices #53,76; documentation provided to show that figures were correct. 03/28/89 Letter from D. Miller WMI to D. Schultz forwarding sample information and wording of granite marker for Hartley & Hartley. j 03/30/89 Invoices processed for payment: GZA/D

1. 40,63,132,119,97,133,41,54,77, totaling $11,799.92.

03/30/89 Invoices approved for payment: GZA/D #53,76 for I $24,493.92. -s 04/10/89 Memo from K. Crawley to R.Klann that end date for Hartley site will soon expire, and an extension must be requested. 04/11/89 Memo from R.Klann to C.Iversen requesting.an extension of the Hartley & Hartley end date from 12/31/88 to 10/1/89, t 04/20/89 Letter from R. Deadman Administrative Services l MDNR to GZA/D revising end date from 12/31/88 to 10/31/89. 04/25/89 Invoices processed for payment: GZA/D #'53,76 for $24,493.92. 04/25/89 Letter from D. Miller WMI to R.Klann submitting a copy of the recorded deed for the Hartley property. - r Prepared by LB, Environmental' Response Division i l s f c J . { t ,,,-n., s

- ANALYTICAL CHEMISTRY LABORATORY Argonne National Laboratory Argonne,IL 60439 REPORT OF ANALYTICAL RESULTS h Sample Material: Th Slag Date Received: 3/9/92 = Submitted by: K. Andre Date Reported: 3/12/92 Submit 1er's ACL Sample No. Sampie No. Gamma Spec f HRC No. 92-20E pCi/a mg/g 8860 92-4031 232Th _ 22eAc 95 : 10 0.86 0.09 Th Slag (14.71 g) 22eTh 100 1 10 226Ra 214Pb 0.3 2 0.1 214Bi 0.6 0.2 i 'I tI! f i' i l. NOTE: Samples wi!! be discarded one (1) month after date of report unless otherwise arranged. When making future I -inquiries regarding this work, you must reference ACL ymple number (s) above. For further information a }* reported here, please call R. Heinrich at 2-43c6 Reference (s): R. Heinrich's Loobook Det-2, 3. and 6. oc.137.

opiesTo: K. Andre Ana!yst(s):

R, D. Green /vts R. Heinrich I File ATTACHMENT B -a.a -

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