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STATEMENT OF FACTS <br /> IN THE INVESTIGATION OF <br /> THE MARLEY COOLING TOWER COMPANY <br /> 150 North Sinclair <br /> Stockton, CA 95205 <br /> EPA No. CAD 009140120 <br /> I. Responsible Parties <br /> The Marley Cooling Tower Company <br /> 5800 Foxridge Drive <br /> Mission, KS 66202 <br /> R. L. 'McFadin, President <br /> Agent for service of process: C. T. Corporation System <br /> 700 South Flower Street <br /> Los Angeles, CA 90017 <br /> II. Type of Conduct <br /> The Marley Cooling Tower Company, a Delaware corporation, remanu- <br /> factures and fabricates wood component parts for water cooling towers. <br /> III. Summary of Facts <br /> On January 30, 1984 an inspection was made by Debra Small of the <br /> Northern California Section, Toxic Substances Control Division, <br /> Department of Health Services, to determine compliance with generator <br /> requirements under the Hazardous Waste Control Law. During the <br /> inspection, it was found that soil in and around the treatment retort <br /> was contaminated with certain heavy metals, a hazardous waste as <br /> defined under the state Hazardous Waste Control Law. It was also <br /> determined that the Marley Company was operating an unpermitted two- <br /> acre pond containing hazardous waste in violation of state law. (See <br /> Exhibits 1 and 2 for detailed description.) <br /> IV. Criminal Violations <br /> COUNT 1: Marley Cooling To'aer Company violated Section 25189.5 (b) <br /> of the Health and Safety Code in that they did knowingly and <br /> unlawfully dispose 'of, or cause to be disposed, hazardous <br />