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STATEMENT OF FACTS <br /> AND REQUEST FOR CIVIL AND CRIMINAL COMPLAINT <br /> AND INJUNCTIVE RELIEF <br /> IN THE INVESTIGATION OF <br /> McCormick & Baxter Creosoting Company <br /> Pershing & Washington Streets <br /> Stockton, CA 95203 <br /> I. <br /> Ownership <br /> A. Corporation McCormick & Baxter Creosoting Co. <br /> 6900 N. Edgewater <br /> P.O. Box 3048 <br /> Portland, OR 97203 <br /> B. Principal Officer and Charles McCormick III <br /> Vice President <br /> Ii. <br /> Narrative <br /> McCormick & Baxter operates a wood treatment facility in the city of Stockton. <br /> Lumber (primarily logs used for utility poles) are treated with either creosote, <br /> Ammoniacal Copper Arsenic, Pentachlorophenol oil, or Pentachlorophenol solutions <br /> in pressure chambers (retorts) . Waste Streams generated on-site consist of retort <br /> sludges; retort and process tank solutions; spillage from tanks, retorts, and <br /> treated lumber; empty drums and contaminated run-off. <br /> Violations of regulations and Interim Status requirements at McCormick & Baxter <br /> were first noted during an inspection on November 9 1982. Violations were noted <br /> again during a subsequent inspection on August 2, 1;83. <br /> Additionally, during the inspection on November 9, 1982 significant soil con- <br /> tamination was noted due to continual process spillage. Further research revealed <br /> that hazardous wastes were being stored in two surface impoundments on-site and <br /> also disposed of to the sanitary sewer. Based on this information, a sampling plan <br /> to assess the extent of contamination on-site was requested by the Department on <br /> November 18, 1982. <br /> A sampling plan prepared by CH2M Hill consultants for McCormick & Baxter has even- <br /> tually approved and initial soils samples were taken on August 16 and 17, 1983. <br /> A report containing analyses of these samples , proposals for further soil sampling <br /> to completely assess the areal extent of soils contamination, and initial ground- <br /> water sampling was to be submitted October 1, 1983. <br /> Soil sample analysis results only were received on October 12, 1983. These results <br /> show substantial contamination by Copper, Chromium, Arsenic, Creosotes, and <br /> Pentachlorophenol in soils on-site. <br /> 2 <br /> See Attached Amendment <br />