STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF … · 7. Fro 196 t7o 1974m waste, s were dumped int...

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

SDMS DocID 000212169

UNITED STATES OF AMERICA

Plaintiff and Counter-Defendant

vs ) Civ Action No 03 CV 1 1601 WGY

ATLAS TACK CORPORATION and M LEONARD LEWIS

Defendants and Counter-Plaintiffs

ATLAS TACK CORPORATION

Plaintiff

vs ) Civ Action No 01 CV 10501 WGY ) (lead case)

TOWN OF FAIRHAVEN

Defendant

STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGEMENT

RE LIABILITY OF M LEONARD LEWIS

Pursuant to LR 561 this Statement of Undisputed Facts is filed in support of Plaintiff s

Motion for Partial Summary Judgement Re Liability of Mr Lewis Exhibits are filed

separately1

As used herein and in the Motion Atlas Tack means Defendant Atlas Tack Corporation Lewis or Mr Lewis means Defendant M Leonard Lewis Site means the Atlas Tack Corporation Superfund Site in Fairhaven plant or Fairhaven Plant or Atlas Tack plant means the plant located at 83 Pleasant Street Fairhaven Massachusetts DEQE means the

1

1

GENERAL FACTS ABOUT MR LEWIS AND THE FACILITY

1 Mr Lewis is an individual who resides in the Commonwealth of Massachusetts

Mr Lewis has been the President of Atlas Tack since approximately June 1967 and has been a

Director of Atlas Tack

Answer (cf Complaint) ^ 5 16

Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et al No 91mdash 5667A (Mass Super Ct) December 21 1992 If 3

Exh 2 Affidavit of M Leonard Lewis from Sorett v Atlas Tack Corp et al No 91mdash3987 (Mass Super Ct) August 10 1992 f 1

Exh 3 Trial Testimony of Lewis Atlas Tack Corp v Leon No (day 5 of trial) at 153 155

2 From 1967 until 1981 Mr Lewis was the sole shareholder of the common stock

of Atlas Tack In July of 1981 GNI Inc became the parent company of Atlas Tack Since

1981 Mr Lewis has been the sole shareholder of the common stock of GNI Inc

Answer (cf Complaint) 116

3 From 1967 to about 1972 Lewis visited the plant about once per week

(sometimes more often sometimes less often) Lewis visited the facility at least once per month

Exh 4 Deposition of Lewis in Atlas Tack Corp v Donabed et al No 91-3159 (Mass Super Ct) October 13 1995 at 18

Exh 5 Deposition of Perry in this case June 28 2004 at 72 - 75

Exh 6 Declaration of Langiano July 13 2004 ^j 4

Massachusetts Department of Environmental Quality Engineering (DEQE) (DEQE subsequently became known as Massachusetts Department of Environmental Protection (DEP) Headings are provided to facilitate reading and are not intended to be undisputed facts

4 Lewis understood the process of the different departments at the factory During

the period from 1971 to 1974 Lewis attended about one-half of the monthly management

meetings at the plant Discussion at these meetings included a wide range of issues related to

the Atlas Tack plant including production and sales


Exh 6 Affidavit of Langiano July 13 2004 If 4

5 Mr Lewis was the boss when he was at the plant

Exh 6 Affidavit of Langiano July 13 2004 f 4

6 From 1967 until 1972 Lewis held meetings at the Atlas Tack Facility in

Fairhaven with the plant foremen several times per week Lewis asked questions about how

things were going at the plant during these meetings Plant foremen reported directly to Lewis

Exh 7 Deposition of Perry in Great Northern Industries Inc et al v Lexington Insurance Company Civil Action Nos 94mdash1268 and 91mdash5670 (Mass Super Ct) at 216-17 [ATC0009478]

Exh 5 Deposition of Perry in this case June 28 2004 at 71-72

7 From 1967 to 1974 wastes were dumped into the lagoon including 5-gallon cans

of waste naptha toluol and paint thinners Wastes were dumped onto the ground next to the

lagoon also Exh 6 Affidavit of Langiano July 13 2004 ^ 5

Exh 8 Affidavit of Rowell July 13 2004 ^ 8

8 In 1968 or 1969 a pipe in the interior of the facility (covered by a wall) broke and

spilled sulfuric acid into the soil or earth beneath the floor of the factory

Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et sect1 No 91mdash5667A(Mass Super Ct) December 21 1992^51

Exh 9 Plaintiff s Response to Defendant Hartford Accident amp Indemnity Companys First Requests for Admission in Atlas Tack Corp V Hartford Accident amp Indemnity Co (Mass Super Ct) September 7 1994 Response 17 (signed under oath by Mr Lewis)

DISCHARGES TO LAGOON AND BUZZARDS BAY

9 In approximately 1968 or 1969 Lewis instructed his employee Mr Perry to run a

blue dye through the discharge system to see if it came out in the lagoon Mr Perrys test

showed that waste waters discharged did empty to the lagoon

Exh 5 Deposition of Perry June 28 2004 at 74-78

10 The Lagoon was used by Atlas Tack to hold waste materials From the early

1940s to approximately 1979 wastes from Atlas Tacks manufacturing operations were

discharged into the lagoon The wastes which were discharged into the lagoon contained acids

heavy metals such as copper and zinc and solvents Some of the substances discharge into the

lagoon were hazardous Atlas Tack discharged process wastes used solvents heavy metals

acids chemicals and wastes into the lagoon at the Site in the ordinary course of its

manufacturing activities

Exh 9 Plaintiffs Response to Defendant Hartford Accident amp Indemnity Companys First Requests for Admission in Atlas Tack Corp V Hartford Accident amp Indemnity Co (Mass Super Ct) September 7 1994 at 3-5 Responses 7-12 and Responses 80-86 (signed under oath by Mr Lewis)

Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et al No 91mdash5667A (Mass Super Ct) December 21 1992 ^ 11

Exh 10 Affidavit of M Leonard Lewis from GNI and Atlas Tack Corp v Lexington Ins Co No 94-01268 (Mass Super Ct) Nov 12 2001 H 4-5

Exh 11 Affidavit of M Leonard Lewis from Atlas Tack Corp v Becker and Blick No 91mdash5635E (Mass Super Ct) June 7 1994 f 5-7

11 As of 1970 Atlas Tack used up to 80000 gallons per day of water from the town

and all but 3000 was discharged into lagoon on the Site

Exh 12 August 1970 Report on Sewer System Extension [EPA 000021shy26] at EPA00024

12 Lewis signed a November 29 1971 application to US Army Corps of Engineers

for a permit to discharge in navigable waters Lewis was the signing official and certified that

he was familiar with the information contained in the application and that it was true complete

and accurate The application showed that zinc copper and other substances were discharged

from the Lagoon to Buzzards bay Atlas subsequently forwarded the application to the Mass

Division of Water Pollution Control

Exh 13 November 29 1971 application to US Army Corps of Engineers for a permit [EPA 000039-43] (with cover letter dated January 14 1972)

13 On May 30 1972 Atlas sent further information to the to US Army Corps of

Engineers in furtherance of its permit application including chemical analysis of the plants

discharge The discharge included cyanide copper and other heavy metals

Exh 14 May 30 1972 letter from Kelley to Moehle with attached permit application [EPA 000051-58]

14 On August 2 1972 Atlas Tack submitted a revised permit application to the

Corps of Engineers The application showed that zinc copper and other substances were

discharged from the Lagoon to Buzzards bay Once again Lewis was the signing official

certifying that he was familiar with the information contained in the application

Exh 15 August 2 1972 letter from Kelley to Moehle with attached revised application [ATC 0018716-0018725] [EPA000064-67]

15 In September 1972 Atlas Tacks contractor (Metcalf amp Eddy) sampled and

analyzed the pond influent and effluent The Metcalf and Eddy samples were taken pursuant to a

request by Thomas C McMahon Director Massachusetts Water Resources Commission

Results showed that wastewater entering the pond contained copper zinc nickel aluminum and

cyanide Also wastewater flowing out of the pond into the ditch contained copper zinc nickel

aluminum and cyanide

Exh 16 Tibbetts Engineering Corp October 28 1973 Engineering Report [ATC 0020728-745] at 1 and Appendix B (Metcalf amp Eddy lab results) [ATC 0020741-44]

16 On August 6 1973 Lewis instructed his employees to hold any further payments

to Metcalf amp Eddy for the waste water sampling The hold could only be released by Lewis

Exh 17 August 6 1973 letter from Barry Controller of Atlas Tack to Lewis [ATC 0024607-08]

17 As of 1972 there was a 28900 gallon discharge per day and the lagoon was

providing little treatment Water quality parameters being violated included pH alkalinity and

heavy metals (copper zinc aluminum iron and cyanide)

Exh 18 August 5 1972 memo from William Marhoffer to McMahon [EPA000062-00063]

18 On August 2 1973 Thomas C McMahon Director Massachusetts Water

Resources Commission requested that Atlas Tack undertake studies of the effluent discharge to

the lagoon Atlas Tack retained Tibbetts engineering to study the discharges to the Lagoon On

about October 28 1973 Tibbetts Engineerings basic recommendation [was] that Atlas Tack tie

into the municipal sewer system and cease discharges to the lagoon

Exh 16 Engineering Corp October 28 1973 Engineering Report [ATC 0020728-745] at 6 [ATC 0020737] and App A [ATC 0020738-400]

19 On June 4 1975 US EPA issued to Atlas Tack a discharge permit with the

provision Atlas Tack cease discharge into Buzzards Bay and discharge effluents into Fairhaven

sewage system within thirty days

Exh 19 June 4 1975 discharge permit [EPA 000230-31 and 000217shy225] at EPA 000219

20 On or about August 9 1976 EPA issued a Findings of Violation and Order for

Compliance to Atlas Tack under the Federal Water Pollution Act 33 USC 1319(a)(3) The

301 (a) of the Federal Water Pollution Control Act because of its un-permitted discharge of

pollutants into Buzzards Bay

Exh 9 Plaintiffs Response to Defendant Hartford Accident amp Indemnity Companys First Requests for Admission in Atlas Tack Corp V Hartford Accident amp Indemnity Co (Mass Super Ct) September 7 1994 Responses 26-27 (signed under oath by Mr Lewis)

Exh 20 Findings and Order for Compliance [ATC 0019621]

21 On or about December 6 1976 EPA issued to Atlas Tack another discharge

permit this time with a more detailed schedule for tying into the Fairhaven sewer outfall by July

1977

Exh 21 December 6 1976 Permit [EPA 0003-347]

22 On March 8 1977 Lewis wrote to Thomas C McMahon Director

Massachusetts Water Resources Commission to request a revised limit for aluminum on Atlas

Tacks discharge permit Lewis had telephone calls on March 16 and 18 with Water Resources

Commission personnel about this issue

Exh 22 March 8 1977 Letter from Lewis to McMahon [EPA 000350]

23 On June 20 1977 Lewis wrote to McMahon to request that the current discharge

permit be extended and discussed months of negotiations regarding the potential connection

to the Town of Fairhaven sewer Lewis copied Leslie Carothers of EPA on this letter

Exh 23 [EPA000361-62] June 20 1977 Letter from Lewis to McMahon

24 On June 29 1977 Leslie Carothers of EPA wrote to Lewis in response to Lewiss

June 20th letter noting that had Atlas Tack proceeded in earnest to design and construct the

required treatment system it would not now be faced with a deadline it cannot meet

Carothers stated that Atlas Tacks failure to comply with the terms of its permit would be

addressed by the Massachusetts AGs office

Exh 24 June 29 1977 Letter Carothers to Lewis [EPA 000379]

25 Consistent with this letter on June 20 1977 McMahon requested that the

Attorney General file a legal action against Atlas Tack and copied Lewis on this letter A law

suit was filed on approximately February 1 1978 entitled McMahon and Bellotti v Atlas Tack

Corp

Exh 25 June 20 1977 letter from McMahon to Corkin [EPA 000357]

Exh 26 February 1 1978 Letter from Fry (Mass Attorney Generals Office) to McMahon with complaint [EPA 000389-427]

26 On March 9 1978 Lewis attended a meeting with the following Charles Corkin

II and Gloria Fry of the Massachusetts Attorney Generals office Robert Verkade of Tibbetts

Engineering Corp William A Slagel the Chief of Enforcement at the Massachusetts Division of

Water Pollution Control Sarah Simon from the EPA Permits Branch and Janet Sanderson of

EPAs Water Compliance Enforcement At this meeting it was agreed that Atlas Tack would

submit a wastewater analysis report

Exh 27 March 1 1978 letter from Fry to Lewis [EPA 000424] (setting up meeting) Attendance list for March 9 1978 meeting [EPA 000425]

and April 6 1978 letter from McMahon to Secor of Atlas Tack summarizing meeting March 9 meeting [EPA 000428]

27 On or about June 26 1978 Lewis signed an Agreement for Judgment with the

Director of the Division of Water Pollution Control and Attorney General of the Commonwealth

in a civil action entitled McMahon et al v Atlas Tack Corp No 26684 (Mass Super Ct)

Pursuant to the Agreement for Judgment Atlas Tack agreed to construct a wastewater treatment

facility and to connect its treated discharge to the Town of Fairhaven sewer outfall pursuant to a

stated schedule

Exh 28 June 22 1978 Agreement for Judgment [EPA 000437-440]


Exh 29 Atlas Tack Corp v Commercial Union Ins Co et al Nos 91shy5666 91-5667 91-5669 (Mass Super Ct Sept 15 1993) Memorandum [ATC 0017291-0017307]

28 On July 19 1978 Lewis wrote to Sarah Simon of EPA and submitted Atlas

Tacks proposal for connection to the sewer outfall for final approval by the reviewing agencies

Lewis sent the same letter to McMahon

Exh 30 July 19 1978 Letter from Lewis to Simon and from Lewis to McMahon [EPA 000458-464]

29 On September 12 1978 McMahon wrote to Lewis to inform him that DWPC

could not approve Lewiss July 19 1978 letter for several reasons

Exh 31 September 12 1978 Letter from McMahon to Lewis [EPA 000470-71]

30 On September 25 1978 Lewis responded to McMahons September 12 1978

letter and stated that the final plans would be prepared by Tibbetts and will be submitted by

October 27 1978

Exh 32 September 25 1978 Letter Lewis to McMahon [EPA 000473]

31 On October 2 1978 John B Casazza (DWPC) wrote to Lewis in response to the

September 25 1978 letter from Lewis

Exh 33 October 2 1978 letter from Casazza to Lewis [EPA 000474]

32 On January 18 1979 McMahon wrote to Lewis to inform him that the plans

submitted by Tibbetts on October 24 1978 could not be approved for a number of stated

reasons

Exh 34 January 18 1979 Letter from McMahon to Lewis [EPA 000475shy77]

33 The plans were revised and resubmitted by Tibbetts who ensured that the

revisions were the direct outcome of [McMahons] comments made to Mr Leonard Lewis

President of Atlas Tack Corporation in the letter of January 18

Exh 35 March 6 1979 letter from Tibbetts to McMahon [EPA 000478shy79]

34 On March 21 1979 McMahon approved the plans with a number of conditions

The letter of approval was sent to Lewis

Exh 36 March 21 1979 letter from McMahon to Lewis [EPA 000480shy

81]

35 On May 4 1979 Lewis forwarded a letter quotation from Cape Construction amp

Engineering for the construction of the connection to the sewer outfall In the letter Lewis states

he expects that construction of the pre-treatment facility to be completed in accordance with the

10

timetable set forth in the Agreement for Judgment

Exh 37 May 4 1979 Letter from Lewis to McMahon [EPA 000485]

REMOVAL OF MATERIALS FROM LAGOON

36 During the 1980s Atlas had extensive discussions with DEQE relative to the

lagoon

Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et al No 91mdash5667A (Mass Super Ct) December 21 1992 U 12

37 On January 14 1981 the Commonwealth of Massachusetts DEQE notified Atlas

Tack that hazardous wastes were being stored in the lagoon

Exh 38 January 14 1981 Letter from Donovan to Atlas Tack (Secor) [EPA 000594-96]


Atlas Tack Corp v Liberty Mutual Ins Co 721 NE2d 8 10 (Mass App Ct 1999)

38 Lewis retained Edward McLaughlin an attorney from Herrick amp Smith about the

lagoon sludge issue


Exh 39 Affidavit of M Leonard Lewis from Atlas Tack Corp v McLaughlin No 91-5633 (Mass Super Ct) December 4 19921f4

39 On October 19 1982 DEQE notified Atlas Tack that the contents of the lagoon

11

fell within the jurisdiction of the hazardous waste regulations enclosing sampling results for

samples taken from lagoon in June 1982 DEQE stated that the contents of the lagoon exhibited

a potential harm to the environment resulting from improper storage and disposal DEQE

recommended that Atlas Tack hire an engineer to explore the closure of the waste lagoon

Exh 40 October 19 1982 Letter from DEQE to Atlas Tack [EPA 000654-55]

Exh 9 Plaintiffs Response to Defendant Hartford Accident amp Indemnity Companys First Requests for Admission in Atlas Tack Corp V Hartford Accident amp Indemnity Co (Mass Super Ct) September 7 1994 Response 37-40 (signed under oath by Mr Lewis)


40 In approximately 1982-83 Atlas retained the engineering firm Goldberg-Zoino

Associates Inc (GZA) to handle engineering and prepare a plan to clean up the sludge and

contaminated materials from the lagoon Lewis signed the agreement with GZA for the Lagoon

study

Exh 41 letter from GZA to Atlas Tack dated March 11 1983 approved by Lewis on March 22 1983 [ATC0008736-38]

Exh 39 Affidavit of M Leonard Lewis from Atlas Tack Corp v McLaughlin No 91-5633 (Mass Super Ct) December 4 1992 ^[5

Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et lL No 91mdash5667A (Mass Super Ct) December 21 1992 t 14

Exh 11 Affidavit of M Leonard Lewis from Atlas Tack Corp v Becker and Blick No 91mdash5635E (Mass Super Ct) June 7 1994 f 8

Exh 42 Deposition of Powers in this case June 17 2004 at 11

Exh 43 Affidavit of M Leonard Lewis from Atlas Tack Corp v Leon No 91-5632B (Mass Super Ct) August 2 1993 U 7 [ATC 0012623shy0012628]

12

41 Lewis directed the activities of GZA

Exh 42 Deposition of Powers June 17 2004 at 16-18 (Q So is it fair to say that you would take direction from someone at Atlas with respect to those issues during the relevant period of time A While we were ~ fair to say we took directions on some issues correct Q Do you recall during this period of time whether you were taking direction more often from Mr Secor or Mr Lewis or did it change over time A Initially it was Mr Secor It appeared to change over time Q And how did it change over time A Mr Lewis became more involved)

42 Mr Lewis communicated with GZA and McLaughlin about the materials in the

lagoon between 1983 and 1985 Specifically GZA tested materials in the lagoon to determine

whether they were hazardous and communicated the results to Mr Lewis GZA and

McLaughlin advised Lewis regarding whether the wastes in the Lagoon were hazardous on

numerous occasion during the fall of 1983 through 1984

Exh 11 Affidavit of M Leonard Lewis from Atlas Tack Corp v Becker and Blick No 91mdash5635E (Mass Super Ct) June 7 1994115

Exh 43 Affidavit of M Leonard Lewis from Atlas Tack Corp v Leon No 91-5632B (Mass Super Ct) August 2 1993 J 1

Exh 39 Affidavit of M Leonard Lewis from Atlas Tack Corp v Mclaughlin et al No 91mdash5633 (Mass Super Ct) December 4 1992 ^j 9

43 On October 25 1983 DEQE requested that the Mass Attorney Generals Office

file suit against Atlas Tack regarding the Lagoon sludges

Exh 44 October 25 1983 Letter from Anderson to Leonard [EPA

000749-50]

44 On January 19 1984 McLaughlin wrote Lewis concerning their recent

telephone conversation about McLaughlins contacts with the Attorney Generals Office

regarding the Atlas Tack Lagoon sludges On April 23 1984 Lewis and McLaughlin had a

13

conversation about settlement of the lagoon pollution matter

Exh 45 January 19 1984 Letter from McLaughlin to Lewis [ATC 007809-7813]

Exh 46 April 24 1984 Letter McLaughlin to Lewis [no bates]

45 On July 2 1984 a Final Judgment (aka Consent Decree) between the

Commonwealth and Atlas Tack was entered in a civil action entitled Commonwealth of

Massachusetts v Atlas Tack Corp No 69523 (Mass Super Ct) Under that Consent Decree

Atlas Tack agreed to clean up the sludge and contaminated materials from the lagoon and

surrounding area at the site by September 7 1984 Lewis signed this Final Judgment

Exh 47 July 2 1984 Final judgment [EPA 000828-834]

Exh 9 Plaintiffs Response to Defendant Hartford Accident amp Indemnity Companys First Requests for Admission in Atlas Tack Corp V Hartford Accident amp Indemnity Co (Mass Super Ct) September 7 1994 Response 47 52 (signed under oath by Mr Lewis)

Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et al No 91mdash5667A (Mass Super Ct) December 21 1992 If 13


46 Mr Lewis discussed the Consent Decree with McLaughlin and specifically

McLaughlin assured [Mr Lewis] that this consent decree insured that the material in the lagoon

would be treated as special waste not hazardous waste


Exh 48 July 16 1984 letter from McGlaughlin to Lewis [ATC 007841shy43]

47 On September 12 1984 McLaughlin wrote to Lewis to report back as to a

14

telephone conference he had with Michael Powers (GZA) and AAG Ray Dougan McLaughlin

advises Lewis that it is now imperative that Atlas Tack submit a plan for excavation immediately

to DEQE and that the excavation commence as soon as feasible

Exh 49 September 12 1984 Letter from McLaughlin to Lewis [ATC 0008795-96]

48 On November 15 1984 McLaughlin wrote to Lewis concerning the lagoon

McLaughlin recommended that the cleanup continue expeditiously and be completed no later

that December 15 1984

Exh 50 November 15 1984 Letter McLaughlin to Lewis [EPA 000870shy71]

49 On December 13 1984 and January 11 1984 AAG Raymond Dougan wrote to

Lewis and Herrick amp Smith (McLaughlin and Patrick Butler) to notify them that Atlas Tack was

in non-compliance with the Consent Judgment Atlas Tack did not come close to compliance

with its obligations under the 1984 Consent Decree

Exh 51 December 13 1984 Letter from Dougan to Lewis [EPA 000877shy78]

Exh 52 January 11 1984 Letter from Dougan to Lewis [EPA 000916shy17]

Exh 53 Amended Memorandum of Decision and Order on Defendants Motion under GLc 231 sect 6 Atlas Tack Corp v Leon et al No 91mdash5632B (Mass Super Ct) March 28 1995 pp 3 21

50 Between late January and mid-February 1985 Atlas had a contractor perform a

mud wave operation which consisted of pushing the contents of the Lagoon onto the berm for

drying The drying cakes on the berm were not removed They drying material was at least

900 cubic yards

15


Exh 11 Affidavit of M Leonard Lewis from Atlas Tack Corp v Becker and Blick No 91mdash5635E (Mass Super Ct) June 7 1994 ^ 12 17

Exh 54 Supplemental Affidavit of M Leonard Lewis from Sorett v Atlas Tack et al No 91mdash3987 (Mass Super Ct) April 7 1993 f 3

Exh 2 Affidavit of M Leonard Lewis from Sorett v Atlas Tack Corp et al No 91mdash3987 (Mass Super Ct) August 10 1992 t 5

Exh 55 Affidavit of M Leonard Lewis from Atlas Tack Corp v Leon No 91-5632B (Mass Super Ct) January 18 1994^9

51 On January 16 1985 Lewis met with a contractor (Briggs) at the plant in

Fairhaven to negotiate a contract for constructing the sludge drying area for the mud wave

operation Lewis confirmed the arrangement on January 18 1985 by letter

Exh 56 January 18 1985 letter from Lewis to Briggs [ATC 0000407shy408]

52 On April 8 1985 Dougan wrote to Lewis because the lagoon work had not been

completed more than seven months after the deadline required by the Consent Judgment He

informed Lewis that the Commonwealth intended to pursue all appropriate remedies against

Atlas Tack

Exh 57 April 8 1985 Letter from Dougan to Lewis [EPA 000977-98]

53 Atlas Tacks manufacturing operations ceased in approximately June of 1985

Exh 9 Plaintiffs Response to Defendant Hartford Accident amp Indemnity Companys First Requests for Admission in Atlas Tack Corp V Hartford Accident amp Indemnity Co (Mass Super Ct) September 7 1994 Response 66 (signed under oath by Mr Lewis)

Exh 11 Affidavit of M Leonard Lewis from Atlas Tack Corp v Becker and Blick No 91mdash5635E (Mass Super Ct) June 7 1994 If 14

16

Exh 10 Affidavit of M Leonard Lewis from GNI and Atlas Tack Corp v Lexington Ins Co No 94-01268 (Mass Super Ct) Nov 12 2001 K 6

54 On May 20 1985 DEQE noted that the sludges had not been covered with any

impervious liner has not been placed and resulting in on-going infiltration and groundwater

contamination

Exh 58 May 20 1985 Letter from Donovan to Dougan [EPA 000968-69]

55 On June 21 1985 DEQE (Christopher Tilden) issued a Notice of Responsibility

(NOR) to Lewis on behalf of Atlas Tack because of its non-compliance with the 7284

Consent Judgment This letter stated that the material in the lagoon was a hazardous waste The

letter noted that the drying sludges were not covered a source of potential contamination

Exh 59 June 21 1985 Letter from Tilden to Lewis [EPA 000997-98]

Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et al No 91mdash5667A (Mass Super Ct) December 21 1992 f 17


Exh 55 Affidavit of M Leonard Lewis from Atlas Tack Corp v Leon No 91-5632B (Mass Super Ct) January 18 1994 If 14

56 On June 25 1985 Lewis wrote to Tilden (DEQE) to specify that the fence had

been erected around the berm holding the sludges and that GZA is to locate a disposal site

Exh 60 July 25 1985 Letter from Lewis to Tilden [ATC 0007840]

57 On July 2 1985 McLaughlin wrote to Lewis enclosing a copy of his July 1 1985

letter to Dougan and DEQE requesting an extension McLaughlin advised Lewis that GZA

should develop the removal plan well within the 21 days because he was positive they would get

no more extensions from the state On July 8 1985 McLaughlin again wrote to Lewis advising

17

that the plan be developed

Exh 61 July 81985 Letter McLaughlin to Lewis [ATC0008816]

Exh 62 July 2 1985 Letter McLaughlin to Lewis [EPA 0001008-10]

58 Following receipt of the June 21 1985 DEQE letter on approximately July 9

1985 Mr Lewis consulted McLaughlin and Carl Eidam of GZA Mr Lewis requested that the

material in the lagoon be tested again and Powers of GZA updated Lewis on July 15 1985

Powers also informs him that GZA has been making inquiries regarding disposal facilities for the

sludge Lewis forward GZAs sample results to McLaughlin on August 1 1985

Exh 63 July 15 1985 letter from Powers (GZA) to Lewis [EPA001030shy31]


Exh 55 Affidavit of M Leonard Lewis from Atlas Tack Corp v Leon No 91-5632B (Mass Super Ct) January 18 1994^ 14-15

Exh 64 August 1 1985 letter from Lewis to McLaughlin [ATC 000054301]

59 On July 16 1985 McLaughlin stated to Dougan of the Attorney Generals Office

that McLaughlin would speak to Mr Lewis with regard to the fence and the cover on the

drying cakes

Exh 65 Letter from McLaughlin to Dougan July 16 1985 [EPA 001032]

60 DEQE retained its own contractor Clean Harbors Inc who removed the lagoon

sludges (the drying cakes on the berm) as hazardous wastes

Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et aL No 91mdash5667A (Mass Super Ct) December 21 19921121

Exh 11 Affidavit of M Leonard Lewis from Atlas Tack Corp v Becker

18

and Blick No 91mdash5635E (Mass Super Ct) June 7 1994 If 17

61 On August 27 1985 Lewis signed a contract with GZA for technical assistance

on sludge removal Lewis also met with Powers of GZA to discussed the billing procedures for

this project

Exh 66 August 27 1985 letter from Powers to Atlas Tack (Secor) counter-signed by Lewis on August 27 1985 [ATC 0000680-83]

Exh 67 August 29 1985 letter from Powers to Lewis [ATC 0000696]

62 Lewis spoke to Edward Patch of Clean Harbors regarding the amount of costs and

work done regarding the lagoon clean out

Exh 68 Verified Complaint for Construction of and Instructions Under Final Judgment and Consent Decree in Atlas Tack Corp v Commonwealth of Massachusetts and Clean Harbors Inc No 79185 (Mass Super Ct)^J 14

63 On October 29 1985 Atlas Tack filed a Verified Complaint for Construction of

and Instructions Under Final Judgment and Consent Decree in Atlas Tack Corp v

Commonwealth of Massachusetts and Clean Harbors Inc No 79185 (Mass Super Ct) Lewis

signed this complaint The Commonwealth counterclaimed on January 9 1986 and alleged

among other things that Atlas Tack had violated the terms of the Consent Decree dated July 2

1984

Exh 9 Plaintiffs Response to Defendant Hartford Accident amp Indemnity Companys First Requests for Admission in Atlas Tack Corp V Hartford Accident amp Indemnity Co (Mass Super Ct) September 7 1994 Responses 61 63 65 (signed under oath by Mr Lewis)

Exh 68 Verified Complaint signed under oath by Mr Lewis [ATC 0012494-507]

Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et

19

al No 91mdash5667A (Mass Super Ct) December 21 1992^21-22

64 On November 20 1985 Lewis wrote to Powers of GZA to request full back up on

all invoices which GZA had submitted for each of the projects

Exh 69 November 20 1985 letter from Lewis to Powers [ATC 0000800]

65 Lewis was actively involved in the litigation of the case against the

Commonwealth concerning the costs of the Lagoon clean up In 1990 Lewis instructed

attorneys about whether to settle lawsuits relating to the clean up of the lagoon with the

Commonwealth and whether to settle lawsuits relating to the clean up of the contamination

inside of the building with other plaintiffs

Exh 70 Affidavit of Lewis in Atlas Tack Corp v Donabed et al No 91-3159 (Mass Super Ct) November 131996H 10

Exh 71 Affidavit of Lewis in In Re Gaston amp Snow No 91 B 14594 (Bankry SD NY) September 1 1992 ^ 22 (Commonwealth offered to settle in 1990 I as President of Atlas rejected the offer)

Exh 72 Deposition of Lewis in Sorett v Atlas Tack Corp August 15 1991 at 101 (Lewis made the ultimate decision to settle the case)

Exh 73 February 11 1991 Letter from Sorett to Lewis [EPA 001970-74]

Exh 74 November 11 1990 Memo to Lewis from Sorett [EPA 001930shy34]

66 On or about May 22 1991 Lewis signed a consent judgment in Atlas Tack Corp

v Commonwealth of Massachusetts and Clean Harbors Inc No 79185 (Mass Super Ct)

Pursuant to the consent judgment Atlas Tack agreed to pay the Commonwealth $87760481 of

which $5000000 was civil penalties and the remainder was for cleanup and response costs

Exh 75 Final Judgment signed by Lewis [EPA 002026-2032]

20


Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et aL No 91mdash5667A (Mass Super Ct) December 21 1992 t 36

DRUMMED WASTES AT THE PLANT

67 From 1979 to 1985 Atlas Tack collected and stored waste in barrels at the site


68 On July 22 1985 DEQE inspected the Atlas Tack plant DEQE found that drums

were unlabeled and corroded to the point where leakage has occurred and mixing of waste was

evident on the wood floor DEQE found that leaking of rainwater through the roof and

infiltration of materials through holes in the wood floor resulted in apparent contamination of

soils under the building DEQE found evidence that there had been discharge to the soil an

imminent threat to the environment

Exh 76 August 8 1985 Letter from Tilden (DEQE) to Lewis (Notice of Responsibility) [EPA 001143-46]

Exh 77 Memo by Kowal dated August 9 1985 [EPA 001172-79]

69 On August 6 1985 an Administrative Warrant for another inspection of the plant

was issued by a Justice of the Boston Municipal Court The warrant stated that hazardous wastes

and hazardous material were at the site in open unsecured corroding leaking and unmarked

drums The court stated that these wastes poses or may pose a threat of release After this

21

warrant issued another DEQE inspection took place on August 7 1985

Exh 78 Affidavit on Support of Administrative Inspection Warrant James D Miller [ATC 0016537-001654201]

Exh 79 August 6 1985 Administrative Inspection Warrant and Return [EPA 001119-23]

Exh 77 Memo by Kowal dated August 91985 [EPA 001171]

Exh 80 August 6 1985 Memorandum from Vaughn (DEQE) to Delany (DEQE) [ATC 0000545]

70 On August 8 1985 DEQE wrote to Lewis and requested Atlas Tack undertake

certain actions based on matters observed during the July 22 1985 DEQE inspection


71 On August 12 1985 Lewis wrote to Tilden in response to the August 8 1985

letter Lewis stated that Atlas Tack had secured outside perimeter of the facility material had

been purchased and the board up the first floor building had begun He further stated that Atlas

Tack had retained JetLine Services to remove drums from premises that are leaking and to clean

up spillages He further stated that GZA has been contracted to prepare and submit a plan to

identify tanks and their contents to pump out and dispose of and to identify all raw product

drums and containers

Exh 81 August 12 1985 letter from Lewis to Tilden [EPA001156-57]

72 On August 19 1985 Lewis signed a contract with GZA for additional services at

the Atlas Tack Fairhaven facility including monitoring of the hazardous materials clean up

Exh 82 August 16 1985 letter from Powers to Atlas Tack (Secor) counter-signed by Lewis on August 19 1985 with attachment [FAH 0003716-21]

22

73 On August 19 1985 Lewis signed an agreement with Jet-Line Services Inc for

sampling packaging and disposal of all chemicals and contaminated debris at atlas Tack The

statement of work also included tank cleaning and any asbestos removal Lewis is listed as a

person authorizing work

Exh 83 August 19 1985 Contract Initiation Form [EPA 001196-97]

GENERAL SITE INVESTIGATION (OR AUDIT)

74 On August 21 1986 Rizzo Associates (Anthony F Andronico and Richard J

Hughto) sent a report to Lewis identifying five areas of the site that needed to be addressed

based upon analytical results of the sampling conducted and observations made during a site

inspection

Exh 84 August 21 1986 letter from Hughto to Lewis [EPA 001619-24]

75 On November 13 1986 Rizzo Associates (Anthony F Andronico and Richard J

Hughto) sent a letter to Lewis commenting on a proposed Administrative Consent Order with

DEQE relating to and assessment of the site

Exh 85 November 13 1986 letter from Hughto to Lewis [ATC 0001009shy000101001]

76 On November 10 1986 Lewis signed an Administrative Consent Order with

DEQE which stated hazardous materials including electroplating acid bath and cleaning

wastes have been stored and disposed of at the site Hazardous materials have spilled leaked

and have otherwise been released into the soil and groundwater at the site The Administrative

Consent Order required atlas Tack to retain an engineering firm and complete an assessment of

23

the site together with a final engineering report within four months

Exh 86 November 10 1986 DEQE Administrative Consent Order (signed by Lewis) [ATC 0005359-67]


Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et aL No 91mdash5667A (Mass Super Ct) December 21 1992 H 31 (Toward the end of 1986 DEQE required Atlas to perform a Phase II environmental study of the Site

77 Atlas retained Rizzo Associates Inc to do the study The Rizzo report was

completed in 1987 and amended in 1989

Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et aL No 91mdash5667A (Mass Super Ct) December 21 1992 U 31 (Toward the end of 1986 DEQE required Atlas to perform a Phase II environmental study of the Site

RIGHT-TO-KNOW PETITION

78 On July 29 1985 DEQE because of a Right-to-Know request wrote to Atlas

Tack to request Material Safety Data Sheets for hazardous substances located at the plant

Exh 87 July 29 1985 Letter from Anderson (DEQE) to Leveque (Atlas Tack) [EPA 001089]

79 On August 28 1985 Lewis wrote to DEQE regarding the Material Safety Data

Sheets for hazardous substances located at the plant On September 24 1985 DEQE wrote back

to Lewis on the Right to Know submittal

Exh 88 August 28 1985 Letter from Lewis to Anderson (DEQE) [EPA 001218-19]

24

Exh 89 September 24 1985 Letter to Lewis [EPA 001288-91]

80 In 1985 Lewis hired Rackemann Sawyer amp Brewster to handle a Right-to-Know

petition On September 24 1985 Lewis attended a meeting with Lin Cheney Sasman (DEQE

deputy counsel) John OBrien Esq (attorney from Rackemann) Bob Murphy (GZA) Gene

Romero (DEQE RTK Coordinator) regarding the Right-to-Know petition

Exh 90 September 26 1985 Memorandum from Sasman to Atlas re Report of 9241985 Meeting [EPA 001292-94]

Exh 4 Deposition of Lewis in Atlas Tack Corp v Donabed et al No 91-3159 (Mass Super Ct) October 13 1995 at 67-69

ROLL-OFF CONTAINER

81 On October 22 1986 Lewis wrote to Sawyer Environmental regarding a roll-off

container with Sawyers name affixed to it that was left on atlas Tacks property Lewis stated

that atlas Tack had been ordered to removed drums to a licensed hazardous waste facility Lewis

advised that unless Sawyer or Jet-Line Services Inc removed the roll-off within 10 days Atlas

Tack would remove it and hold Sawyer responsible for the costs incurred

Exh 91 October 22 1986 Letter from Lewis to Sawyer Environmental [EPA 001630]

82 On March 24 1987 Tilden wrote to Lewis to inform him that DEQE would

commence response actions at Atlas Tack in April 1987 According to Tilden DEQEs response

actions would include sampling characterizing for disposal and disposing of contents of the

roll-off container remaining on-site after the building clean-up of August 1986 Also a fence

around the perimeter of the atlas Tack property would be erected

Exh 92 March 24 1987 Letter from Tilden to Lewis [EPA001711]

25

83 On June 3 1987 Tilden wrote to Lewis to notify him that DEQE would

commence response actions at the site including sampling characterizing for disposal and

disposing of the contents of the roll-off container remaining on-site after the building clean-up of

August 1986

Exh 93 June 3 1987 Letter from Tilden to Lewis [EPA001741]

84 On August 4 1987 Lewis wrote to Tilden to inform him that the contents of the

roll-off container had been removed and enclosed a copy of the Uniform Hazardous Waste

Manifest for DEQE records

Exh 94 August 41987 Letter Lewis to Tilden [EPAOO1749]

VARIOUS ENVIRONMENTAL MATTERS

85 Lewis notified Atlas Tacks insurer that there was a potential claim for releases of

hazardous substances at the Site

Exh 95 April 24 1986 Letter from Lewis to Liberty Mutual [EPAOO 1605]

86 Lewis responded to EPA formal Request for Information under CERCLA in

1997 Lewis also responded to EPA formal Request for Information under CERCLA on March

30 and April 102000

Exh 96 November 25 1997 Letter from Lewis to Craffey (EPA) [EPA 002503-15] March 30 2000 Letter from Lewis to Stanley [EPA 003125] April 10 2000 Letter from Lewis to Craffey [EPA 003127-28]

87 In 1999 Lewis asked his environmental contractor (Menzie) about the risks due

to asbestos in the building at Site

Exh 97 July 7 1999 Memorandum from Menzie to Lewis [EPA 002901shy02]

26

88 On December 7 1999 Massachusetts DEP notified Lewis that demolition at the

Site did not comply with asbestos regulations Lewis replied to this letter on December 16

1999

Exh 98 December 7 1999 letter from Ellis (DEP) to Lewis [EPA 002971-74]

Exh 99 December 16 1999 letter from Lewis to Ellis [EPA 002976-77]

EXHIBITS

All exhibits attached hereto are admissible under the Federal Rules of Evidence An

Exhibit List is attached

As background many of the exhibits used come from prior civil judicial actions Atlas

has been involved in many lawsuits concerning the Site (in addition to all of the environmental

enforcement actions described above in this Statement) First in the early 1990s Atlas filed a

spate of malpractice actions against groups attorneys and law firms that had represented Atlas in

connection with the lagoon or its litigation with the Commonwealth about the lagoon See

Amended Memorandum of Decision and Order on Defendants Motion under GL c 231 sect6F

Atlas Tack Corp v Leon No 91-5632-B (Mass Super Ct March 28 1995) at 4 Exh 53

Later Atlas filed about 14 lawsuits against its insurers seeking to require them to defend and

indemnify Atlas against costs incurred in this lawsuit (among other matters) In all these

various lawsuits factual issues were litigated relating to the Site Mr Lewis signed affidavits

and answered interrogatories and other discovery under oath Atlas Tack filed pleadings setting

forth facts These documents demonstrate that there is no genuine issue as to the facts in this

Statement Of Undisputed Facts

27

The first document cited is the Answer which can be used under Fed R Civ P 56(c)2

Several Exhibits are various Affidavits M Leonard Lewis the president of Atlas Tack

from various prior lawsuits Deposition and trial testimony of Lewis is also attached as are

certain discovery responses signed under oath by Lewis These documents comprise admissions

made by Mr Lewis and as such are not hearsay FRE 801(d)(2)

Plaintiff also relies on sworn Declarations and deposition testimony of witnesses which

can be used under Fed R Civ P 56

The remainder of the exhibits are traditional documentary evidence including ancient

documents business records and government records from various other sources These

documents from the files of the Massachusetts Attorney Generals Office Massachusetts DEQE

and Town of Fairhaven All documents bearing the alpha-numerical bates label ATC

were produced to the United State by the defendants in this case

Respectfully submitted

Date August 4 2004 s Donald G Frankel Donald G Frankel Trial Attorney Environmental Enforcement Section Environment and Natural Resources

Division United States Department of Justice One Gateway Center Suite 616 Newton MA 02458 (617)450-0442

2 These are available in the Docket Pursuant to the Electronic Case Filing Administrative Procedures for the District of Massachusetts at 9 sect L3 the Complaint and Answer are not attached but are merely referenced

28

Date August 4 2004 s Steven ORourke Steven ORourke Environmental Enforcement Section Environment and Natural Resources Division

United States Department of Justice PO Box 7611 Washington DC 20044-7611 (202)514-5313

MICHAEL J SULLIVAN United States Attorney District of Massachusetts GEORGE B HENDERSON II Assistant United States Attorney United States Attorneys Office US Courthouse One Courthouse Way Suite 9200 Boston MA 02210

29

GENERAL FACTS ABOUT MR LEWIS AND THE FACILITY

1 Mr Lewis is an individual who resides in the Commonwealth of Massachusetts

Mr Lewis has been the President of Atlas Tack since approximately June 1967 and has been a

Director of Atlas Tack

Answer (cf Complaint) ^ 5 16

Exh 1 Affidavit of M Leonard Lewis from Atlas Tack Corp v CNA et al No 91mdash 5667A (Mass Super Ct) December 21 1992 If 3

Exh 2 Affidavit of M Leonard Lewis from Sorett v Atlas Tack Corp et al No 91mdash3987 (Mass Super Ct) August 10 1992 f 1

Exh 3 Trial Testimony of Lewis Atlas Tack Corp v Leon No (day 5 of trial) at 153 155

2 From 1967 until 1981 Mr Lewis was the sole shareholder of the common stock

of Atlas Tack In July of 1981 GNI Inc became the parent company of Atlas Tack Since

1981 Mr Lewis has been the sole shareholder of the common stock of GNI Inc

Answer (cf Complaint) 116

3 From 1967 to about 1972 Lewis visited the plant about once per week

(sometimes more often sometimes less often) Lewis visited the facility at least once per month



Exh 6 Declaration of Langiano July 13 2004 ^j 4

Massachusetts Department of Environmental Quality Engineering (DEQE) (DEQE subsequently became known as Massachusetts Department of Environmental Protection (DEP) Headings are provided to facilitate reading and are not intended to be undisputed facts

























































































1977




















Corp
















stated schedule













October 27 1978







reasons









81]




10





lagoon








lagoon sludge issue




11











study







12














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29

























































































1977




















Corp
















stated schedule













October 27 1978







reasons









81]




10





lagoon








lagoon sludge issue




11











study







12














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29





































































1977




















Corp
















stated schedule













October 27 1978







reasons









81]




10





lagoon








lagoon sludge issue




11











study







12














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29




















































1977




















Corp
















stated schedule













October 27 1978







reasons









81]




10





lagoon








lagoon sludge issue




11











study







12














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29
































1977




















Corp
















stated schedule













October 27 1978







reasons









81]




10





lagoon








lagoon sludge issue




11











study







12














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29












1977




















Corp
















stated schedule













October 27 1978







reasons









81]




10





lagoon








lagoon sludge issue




11











study







12














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29












Corp
















stated schedule













October 27 1978







reasons









81]




10





lagoon








lagoon sludge issue




11











study







12














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29







stated schedule













October 27 1978







reasons









81]




10





lagoon








lagoon sludge issue




11











study







12














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29


October 27 1978







reasons









81]




10





lagoon








lagoon sludge issue




11











study







12














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29





lagoon








lagoon sludge issue




11











study







12














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29











study







12














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29














000749-50]




13



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29



















14



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29



















900 cubic yards

15













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29













Atlas Tack





16




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29




contamination

















17















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29















drying cakes






18




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29




this project











1984




19




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29




















20


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29


















21




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29




















22










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29










inspection











23
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29
















24








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29








ROLL-OFF CONTAINER













25




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29




August 1986












30 and April 102000





26



1999



EXHIBITS
















27

















28




29



1999



EXHIBITS
















27

















28




29

















28




29




29

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