SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

MICHAEL COLLINS U Condenself 4 :r JUNE 2, 1994 Page 37 Page 39 1 Q. Okay. And how was the contractor or the I "A. That's conecL 2 owner notified,then, that you are satisfied that the 2 Q. Had the hole been filled by then? 3 hole is clean at that point? 3 'A. December 28th, the hole was not filled. 4 A. Telephone call. 4 Q. Do you know why not? 5 Q. Okay. And does that telephone call 5 db Mtt.PAPAS; 1'11 object to the extent 6 authorize them to backfill the hole? 6 it calls for.speculation. 7 MRL PAPAS: well,you mean,did it? 7 E You can answer,if you have knowledge of 8 MR.HASTINGS: Q.Was that how they 8 that. 9 were notified in this case? 9 iI THE WnWESs: Can I--my last answer, 10 MR.PAPAS: if you know. If you made 10 can I research that a little bit? I said it was not 1I the call or you have knowledge of that,you can answer. 11 filled on the 28th. Let's see. The pit was backfilled 12 THE wrrNESS: 1 can read the 12 on the 29th when I inspected it. The pit had been 13 documentation and then go from there. 13 backfilled on the 29th. 14 MR.HASTINGS: Q.What does your file 14 MR.HASTINGS: Q.Okay. 15 indicate? - - .. . . I5 A.- When the backfill occurred; I'm not sure at 16 A. Spoke with Rob Claussen,sHN,registered 16 this point. I can research it further. 17 geologist,by phone. This is December 8th, 1992. We 17 Q. Okay. At least as of December 28th,the k 18 discussed the soil analysis results and the soil 18 contaminated soil that had been removed from the pit or 19 remaining on the site,possibility of relocating it to 19 excavated,I guess is the right word,had not been 20 another parcel. He indicated that he would contact the 20 removed from the site; is that correct? 21 highway patrol for approval to use the public road and 21 'A. That's correct. 22 Air Management Board for requirements for aeration. 22 Q. Had there been any soil samples done on the 23 What was the original question? 23 excavated soil? 24 Q. Who --before I ask the original question, 24I MR.PAPAS: At any time or during that 25. who was it that had the conversation with Mr. Claussen? 25 time?, Page 38 ` Page 40 I A. Who was Mr. Claussen? 1 MR.HASTINGS: Q.Up until that time. 2 MR.PAPAS: No,did you have the 2 A. The soil had been sampled during the tank p 3 conversation? 3 removal,the excavated soil at that point. During the 4 THE wrmEss- R did. 4 excavation,.there were two different events. I don't 5 MR.HASTINGS: Q.Okay. 5 recall the soil being sampled at that point. 6 A. Yes. 6 Q. Two events meaning two digs? 7 Q. Okay. Who was Mr. Claussen? 7 'A. Yes. Would you like for me to search as to 8 A. A registered geologist with sxN. 8 when the soil was actually excavated or the soil was 9 Q. And that was on December 28th? 9 sampled for the first time? Is that what you are 10 A. That's correct. 10 asking? 11 Q. Do your notes indicate any communication 11 Q. Well,we might be able to shortcut it a 12 with anybody for 5HN or the owner of the property 12 little bit. 13 between December 8th and December 28th? 13 Has the excavated soil now been cleaned by 14 A. No communication at that point. 14 you I€for removal somewhere or for disposition? 15 Q. Was there any communication with them on 15 MR.PAPAS: Wait a minute. As of 16 December 8th,the day you received the results by fax? 16 De lLnber 8th? 17 A. Yes. 17 THE wrrNEss: That's correct,as of 18 Q. What communication did you have on that day? 18 De6cmber 8th. 19 A. That was the date that I informed Rob 19 MR.HASTINGS: Q.Right. 20 Clausen that we have no problem with the backfill, 20 A. Soil can be removed to the property owner's 21 using clean fill. We wouldn't want to throw excavated 21 property,any additional property Save-Mor--I think we i22 contaminated soil back in,of course,but using clean 22 are'ieferring to Save-Mor at that point--might want to 23 fill. 23 remove the soil to any other property or move it to 24 Q. Okay. And then you spoke with him again on 24 other areas,if W. Mozeb agreed to it,could be removed 25 the 28th of December? 25 at that point. It could be shoved. It is still under ! PORTALE & ASSOCIATES DEPOSITION REPORTERS 11 Page 37 - Page 40 ,r