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FEB-27-94 SUN 9:06 F. 04 David J. Irey, Esq. February 18, 199+ Page - 3 - as a precaution. The amounts of oil (if any) are minimal. In such a condition, the class II Forward landfill will accept them for disposal. 9. Explanation of the volume of dirt in the containment area (Section C of the Report) . Although the 35 samples of (approximately) one cubic foot of dirt do indeed total a little more than one cubic yard, the other samples (listed above that part) account for the additional dirt in the area. The amounts of these other samples are specified in the field notes but were not included in the Report. Z-M and Falcon believe they have conducted the Cleanup according to the Plan and the appropriate laws and regulations. This includes the production of all necessary paperwork. Given your office and Public Health Services' decisions not to deal directly with Falcon, questions or specifics that would normally be easily handled are noir routed through me, Z-MIs attorney, and require written responses. Obviously, this adds time and expense to Z-M. since I am aware of no requirement that the Cleanup include periodic summary reports of status, I suggest the monitor deal with these issues and keep you and his/her employer advised. Being on site, the monitor can and should review the field notes, check manifests, etc. Questions of whether or not something is being done properly can then be addressed at the time they occur, and not many months later. I know we have disagreed before as to what the monitor is supposed to do. You maintain the monitor is not there to advise and catch errors or infractions. I, to the contrary, believe that it is the sole function of the monitor. As cleanup occurs, the monitor should point out what he/she believes does not comply with the law or Plan. Whether the specific actions (or refusal of Z-M or Falcon to act) constitutes a new problem then becomes an issue for Public Health services. Obviously, the monitor's job is not to observe and secretly record improprieties. xf that were the case, you would now be informing me of specific violations rather than asking for explanations that (assumedly) are answered by the documents produced to date. The question then is, shouldn't the monitor have/be doing what you and I are now doing while the cleanup is being performed?