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A <br /> Ms . Pam Violett <br /> March 7 , 1994 <br /> Page 2 <br /> closure . If the closure plan includes this provision , the <br /> County would permit removal of additional soil if it has <br /> been impacted by a release at the time of the tank <br /> removal . If overexcavation is not included in the closure <br /> plan , then the County will not allow soil removal at the <br /> time of tank removal and this could cause additional delay <br /> and cost to the Estate . <br /> As you may recall Mike , in 1993 product was removed <br /> from all the tanks at the site in order to eliminate any <br /> immediate health and safety concerns . In September 1993 , <br /> I informed you that the Estate than needed one more bid <br /> for tank removal . At that time , I stated that after the <br /> bids were obtained that the Estate attorneys would draft <br /> the papers to seek the probate court ' s approval of a bid . <br /> All bids were obtained . I spoke with Mr . Steve Critzer of <br /> Gianelli ' s office last week who recalls preparing those <br /> papers , but indicates that he would need to double check <br /> whether they had actually been filed for court approval . <br /> Regardless , the Estate did not have the cash necessary to <br /> pay the tank removal contractors for their services . As <br /> you know , most companies seek an initial percentage of the <br /> tank removal cost and then payment in full within thirty <br /> days after the tank pull . The lack of cash has precluded <br /> engagement of a tank removal contractor . <br /> As anticipated , on March 2 , 1994 , the probate court <br /> approved the petition for sale of Estate assets . The <br /> completion of the sale will take approximately forty- five <br /> days . Meanwhile , Gianelli ' s office will be working to <br /> sort out payment of Estate debts . When the cash from the <br /> sale of assets is received , the Estate will next petition <br /> the probate court for approval to pay Estate debts . Among <br /> other debts , there are costs related to the 1993 tank <br /> removal at the 601 E . Miner site . This is why the Estate <br /> has not been able to go forward with addressing the <br /> Pacific site . <br /> Yesterday , I informed Steve Critzer of the active <br /> fees versus closure fees and plan options . Steve will <br /> speak with the principal Estate attorney , Mike Gianelli , <br /> to see what they can do to retain Jim Thorpe Oil Company <br /> to prepare the closure plan . I expect that the Estate may <br /> only be able to commit itself to the closure fees and plan <br /> at this time . After the asset sale is complete and the <br /> Estate debts reviewed , we will be able to inform you <br /> F : \T \ 19257\C\GIAMBAN5 . BRB <br /> 31087-19257/cjm/03 /07/94/ 3 <br />