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HomeMy WebLinkAboutMINUTES - 06271995 - C96 C.94 through C.97 THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 27, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None SUBJECT: Correspondence C.94 LETTER from Michael K. Buckley, P.E. , Chief Hazard Identification Branch Mitigation Directorate, Federal Emergency Management Agency, Washington, D.C. 20472, advising that no valid requests were received for changes to the modified base flood elevations which became effective on January 27, 1995, and therefore remain valid and revise the Flood Insurance Rate Map and the Flood Boundary and Floodway Map that were in effect prior to that date. ***REFERRED TO PUBLIC WORKS DIRECTOR C.95 LETTER from Robert R. Tufts, Chairman, San Francisco Bay Conservation and Development Commission, 30 Van Ness Avenue, Suite 2011, San Francisco, CA 94102-6080 expressing appreciation for the Board's support for the continuation of the Commission, and soli- citing input for improving their operation. ***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR C.96 LETTER from James A. Bruen, Law Firm of Landels, Ripley, & Diamond, Hills Plaza, 350 Steuart Street, San Francisco, California 94105-1250, advising of their intent to file further litigation against Acme Landfill on behalf of Exxon Corporation, Tosco Corporation, Fibreboard Corporation, Althin Cd medical, Inc. , USX Corporation, Tidewater oil Company, Shell Oil Corporation, and Phillips Petroleum, Company. ***REFERRED TO COUNTY COUNSEL C.97 LETTER from Monica Kennedy, Marketing Administrative Assistant, The County Connection, 2477 Arnold Industrial Way, Concord, California 94520-5327, seeking representation from Contra Costa County on the County Connection Citizens Advisory Committee. ***REFERRED TO TRANSPORTATION COMMITTEE IT IS BY THE BOARD ORDERED that the recommendations as noted (***) are APPROVED. cc: Correspondents Public Works Director I hereby certify that this is a true and correct copy of Community Development Director an action taken and entered on the minutes of the County Counsel Board of Supervisors on the dots shown. Transportation Committee ATTESTED: ! ?7 / �2'.2— PHIL TCHELOR,Cie*of the Board of Supervisors and County Administrator gy 0-A- Deputy,Deputy K,k / RECEIVED I(19CJ JUN A1 I 'Z James A. Bruen Hills Plaza eet L A N D E L S, IJ 415-512-4600 350 Steuart San Francisco,CA 5-1250 R I P L EY Tel 415-78 �T CLERK BOARD OF SUPERVISORS Tel 415-788-5000 DIAMOND CONTRA COSTA CO. Fax 415-788-7550 400 Capitol Mall ATTORNEYS - Suite 2140 Sacramento,CA 95814-4407 June 9, 1995 Tel 916-448-8300 Fax 916-448-4923 REGISTERED MAIL/RETURN RECEIPT REQUESTED Carol Browner, Administrator Felicia Marcus, Regional U. S. Environmental Administrator Protection Agency U.S . Environmental Agency 401 M Street, S .W. Region 9 Washington D. C. 20460 75 Hawthorne Street San Francisco, CA 94105 Janet Reno, Esq. Jesse Huff, U. S . Attorney General Executive Director 10 Constitution Blvd. N.W. California Department of Washington D.C. 20530 Toxic Substances Control 400 P Street, 4th Floor Sacramento, CA 95814 John P. 'Caffrey, Chair Wesley Chesbro, California State Water Acting Chairman Resources Control Board Ralph E. Chandler, 901 P Street Executive Director ` Sacramento, CA 95814 California Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 95826 Dan Lundgren, Attorney Chairman of the Board General Contra Costa County Board California State Attorney of Supervisors General' s Office 651 Pine Street, #106 2102 Webster St . , 12th Floor Martinez, CA 94553 Oakland, CA 94612 Kenton L. Alm Byron D. Athan Sellar, Hazard, Snyder, P. O. Box 627 Kelly& Fitzgerald San Ramon, CA 94583-0627 1111 Civil Center Drive, Suite 300 Walnut Creek, CA 94598 4r , f LANDELS, June 9, 1995 RIPLEY Page 2 DIAMOND .AT TO R N E Y S - William A. Brockett Brian Bunger Vincent L. Johnson Folger & Levine . Louise E. Ma 275 Battery St . , 23rd Floor Legal Strategies Group San Francisco, CA 94111 5905 Christie Avenue Emeryville, CA 94608 Thomas H. Clark Ellen S. Friedell Ropers, Majesk'i, Kohn, Rohm and Haas Company Bentley, Wagner & Kane Independence Mall West 1001 Marshall Street Philadelphia, PA 19105 Redwood City, CA 94063 Thomas Haas Ronald C. Hausmann Paul M. Valle-Riestra Lester J. Levy 1.655 North Main Street Munger, Tolles & Olson P. O. Box 8039 33 New Montgomery, 19th Flr. Walnut Creek, CA 94596 San Francisco, CA 94105-9781 Maurice E. Huguet, Jr. Colin Lennard Turner, Huguet, Brans & Adams Burke, Williams & Sorensen 924 Main Street 611 West Sixth St . , Ste . 2500 Martinez, CA 94553 Los Angeles, CA 90017 David J. Levy Ken D. Little McCabe, Schwartz, Evans, Little & Saputo Levy & Dawe 1901 Olympic Blvd. , Suite 100 California Plaza Walnut Creek, CA 94596 2121 No. California Blvd. , Suite 1010 Walnut Creek, CA 94596 Silvano Marchesi Jeffrey Alan Miller Assistant County Counsel Perez & McNabb Victor J. Westman 140 Brookwood Road, 2nd Floor County Counsel Orinda, . CA 94563 P.O. Box 69 Martinez, CA 94553-0116 50542.1 LANDELS. June 9, 1995 R1PL�Y & Page 3 DIAMOND A T TOR N E Y 5 - - Randall. D. Morrison Robert C. Thompson Crosby, Heafey, Roach & May Richard C. Cole . 1999 Harrison Street LeBoeuf, Lamb, Greene & McRae P.O. Box 2084 One Embarcadero Center Oakland, CA 94604-2084 San Francisco, CA 94111 Anthony B. Varni P.B. "Lynn" Walker Peter M. Sproul Waste Management, Inc . -Varni, Fraser, Hartwell 3900 South Wadsworth Blvd. , & Rogers Suite 800 22771 Main Street Lakewood, CO 80235 P.O. Box 570 Hayward, Ca94543-0570 Jeffrey A. Walter Boyd M. Olney, Jr. Waterfall Towers 950 Waterbird Way 2455 Bennett Valley Road, Martinez, CA 94553 Ste. 201B Santa Rosa, CA 95404 Mayor City Attorney City of Antioch City of Antioch P.O. Box 130 P.O. Box 130 Antioch, CA 94506 Antioch, CA 94506 Mayor Shawn Mason City. of Benicia City Attorney 250 East L Street City of Benicia Benicia, CA 94510 250 East "L" Street . Benicia, CA 94510 Mayor City Attorney City of Clayton City. of Clayton 1007 Oak Street 1007 Oak Street Clayton, CA 94517 Clayton, CA 94517 Mayor City Attorney City of Concord City of Concord 1950 Parkside Drive 1950 Parkside Drive Concord, CA 94519 Concord, CA 94519 50542.1 r LANDELS, June 9, 1995 RIPLEY & Page 4 DIAMOND A T T O R N E Y S _ Mayor City Attorney Town of Danville Town of Danville 510 LaGonda Way 510 , LaGonda Way Danville, CA 94526 Danville, CA 94526 Mayor City Attorney City of Lafayette - City of Lafayette P.O. Box 1968 P.O. Box 1968 Lafayette; CA 94549 Lafayette, CA 94549 Mayor City Attorney City of Martinez City of Martinez 525 Henrietta Street 525 Henrietta Street Martinez,. CA 94553 Martinez, CA 94553 Mayor City Attorney Town. of Moraga Town 'of Moraga P.O. Box 188 P.O. Box 188 Moraga, CA 94556 Moraga, CA 94556 Mayor City Attorney City of Orinda City of Orinda 26 Orinda' Way 26 Orinda Way . Orinda, CA 94563 Orinda, CA 94563 Mayor Debra S. Margolis City of Pleasant Hill City Attorney 100 Gregory Lane City of Pleasant Hill Pleasant Hill, .CA 94523 100 Gregory Lane Pleasant Hill, CA 94523-3323 Mayor City Attorney City of San Ramon City of San Ramon 2222 Camino Ramon 2222 Camino Ramon San Ramon, CA 94583 San Ramon, CA 94583 Mayor City Attorney City of Walnut Creek J City of. Walnut Creek P.O. Box 8039 P.O. Box 8039 Walnut Creek, CA 94596 Walnut Creek, CA 94596 50542:1 LANDELS. June . 9, 1995 RIPLEY & Page 5 DIAMOND AT TO R N E Y S Silvio Garaventa, Sr. Silvio Garaventa, Jr. Concord Disposal Service, 1340 Concord Avenue Garaventa Enterprises & Concord, CA 94520Valley Contra Costa Waste Service, Waste Management, Inc . Inc . 1990 N. California Blvd. , #20 1340 Concord Avenue Walnut Creek, CA 94596 Concord, CA 94520 Rodeo Sanitary District Central Contra . Costa P.O. Box 97 Sanitary District Rodeo, -CA 94572 5019 Imhoff Place Martinez, CA 94553 Sheila E. Widnall William J. Perry, Secretary Secretary of the Air Force Department of Defense The Pentagon The Pentagon Washington D. C. 20330 Washington D.C. 20301-1000 Sylvia Quast Patrick R.S. Bupara U. S. Department of Justice Assistant United States Environment and Natural Attorney Resources Division 10th Floor Federal Building, Environmental Defense Section Box 36055 . PO Box 23986 450 Golden Gate Avenue Washington, DC 20026-3986 San Francisco, CA 94102 Maj . Dawn E.B. Scholz General Chemical Corporation Env. Law & Litigation c/o The Prentice-Hall Division Corporation System, Inc. Air Force Legal Services 1455 Response Road, Suite 250 Agency AFLSA/DACE Sacramento, CA 95815 1501 Wilson. Blvd. , Ste. 629 Arlington, VA 22209 Rohm and Haas Incorporated SAWDCO c/o Ritchie M. Kirkpatrick c/o C T Corporation System 25500 Whitesell Street 818 West Seventh Street Hayward, CA 94545 Los Angeles, CA 90017 Valley Disposal Service, Inc. Francise Fiorentino c/o Francise Fiorentino 2658 N. Main Street 2658 N. Main Street Walnut Creek, CA , 94596 Walnut Creek, CA - 94596 50542.1 LANDELS, June 9, 1995 RIPLEY & Page. 6 DIAMOND A T T O R N E Y S - - - - J W-T Universal Orinda-Moraga Disposal Engineering, Inc . Service, Inc . c/o C T Corporation System P.o. Box 659 818 West Seventh Street Orinda, CA 94563 Los Angeles, CA 90017 Orinda-Moraga Disposal Martinez Sanitary Service Service, Inc . . 615 Escobar Street c/o R.M. Slieka Martinez, CA 94553 3093.6 Steeplechase Drive San Juan Capistrano, CA. 92675 Acme Fill Corporation . 737 Arnold Drive, Suite A2 Martinez, CA 94553 50542.1 LANDELS, June 9, 1995 RIPLEY Page 7 DIAMOND AFT0RNErs NOTICE OF INTENT TO FILE SUIT 42 USC SECTION 6972 (a) (1) (A) 42 USC SECTION 6972 (a) (1) (B) NOTICE IS HEREBY GIVEN that, 60 and 90 days after the date of this notice, Exxon Corporation, (hereinafter referred to as "EXXON" ) , a New Jersey Corporation, Post Office Box 2180, 800 Bell Street, Houston, . Texas 77252-2180, (713) 656-3636 , intends to file suit under the Resource Conservation and Recovery Act . ( "RCRA" ) , 42 U.S.C. Section 6972 (a) (1) (A) ; 42 U. S .C. Section 6972 (a) (1) (B) , against ACME FILL CORPORATION ( "ACME" ) , BOYD M. OLNEY, JR. , CENTRAL CONTRA COSTA SANITARY DISTRICT, GENERAL CHEMICAL CORPORATION, NEW HAMPSHIRE OAK, INC. , NHO, INC. , ROHM AND HAAS COMPANY, CONTRA COSTA COUNTY, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF CLAYTON, CITY OF CONCORD, TOWN OF DANVILLE, CITY OF LAFAYETTE, CITY OF MARTINEZ, TOWN OF MORAGA, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, CONCORD DISPOSAL SERVICE, INC. , _ CONTRA COSTA WASTE SERVICE, INC. , SILVIO GA.RAVENTA, SR. -, SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , FRANCISE FIORENTINO, VALLEY DISPOSAL SERVICE, INC. , SAWDCO, INC. , VALLEY WASTE MANAGEMENT, INC. , . W-T UNIVERSAL ENGINEERING, INC. , MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT, UNITED STATES OF AMERICA, DEPARTMENT OF THE AIR FORCE, ORINDA-MORAGA DISPOSAL SERVICE, INC. , MARTINEZ SANITARY SERVICE, and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. (hereinafter collectively referred to as the "the PARTIES") . ACME is the plaintiff in the suit pending in the United States District Court for the Northern District of California, entitled Acme Fill Corporation v. Althin CD Medical, Inc . , et al . , Case No. C 91 4268 SBA ( "the Acme Litigation" ) . The remaining Parties, as identified above, are Defendants, Cross-Defendants and Third. Party Defendants in the Acme Litigation. The COUNTY OF CONTRA COSTA' s current cross-complaint in the Acme Litigation, as well as CENTRAL CONTRA COSTA SANITARY DISTRICT, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF CLAYTON, .CITY OF LAFAYETTE, CITY OF MARTINEZ, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, TOWN OF DANVILLE, TOWN OF MORAGA, MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT-and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. ( "the MUNICIPAL DEFENDANTS"' ) cross-complaints have alleged that under RCRA an imminent and substantial endangerment to 50542.1 LANDELS, June 9, 1995 RIPLEY & Page 8 DIAMOND A T T O R N E Y S - health or the environment exists at the property located at 939 Waterbird Way, Martinez, California 94553 , commonly referred to as the ACME LANDFILL, . in that hazardous wastes and substances have migrated and are migrating through the landfill . To the extent these allegations, made by both CONTRA COSTA COUNTY and certain MUNICIPAL DEFENDANTS, are adjudicated to be true, EXXON believes any such adjudicated endangerment is due to the past handling, storage, transportation, management and/or disposal of solid and hazardous waste by each of the PARTIES . ACME, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. and SILVIO GARAVENTA, JR. are each current and past owners of the ACME LANDFILL under RCRA. Additionally, . ACME, CONTRA COSTA COUNTY, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , CONCORD. DISPOSAL SERVICE, INC. , and CONTRA COSTA WASTE SERVICE, INC. are each "operators" under RCRA, in part due to their ongoing management, operational oversight and control, staffing, inspections, rate and profit control activities with reference to ACME LANDFILL. Each of the above identified PARTIES were also generators and/or transporters of waste disposed of at the ACME LANDFILL. Through these, and other possible methods, each and every of the above-identified PARTIES has contributed or is contributing to the past and/or present handling, storage, treatment, transportation, or disposal of solid and hazardous waste, which the COUNTY .OF CONTRA COSTA and certain MUNICIPAL DEFENDANTS, now allege to exist at the landfill and present an imminent and substantial endangerment to health. and the environment . ACME sent a Notice of Intent to File Suit under 42 U. S.C. . Section 6972 (a) (1). (B) on April 6, 1995 . The CITY OF CONCORD, CONCORD DISPOSAL SERVICE, INC. , CONTRA COSTA WASTE SERVICE, INC. , SILVIO GARAVENTA, SR. and SILVIO GARVENTA, JR. sent a Notice of Intent to File Suit under 4.2 U.S .C. Sections 6972 (1) (A) and 692 (a) (1) (B) on June 8, 1995 . Accordingly, under RCRA Section 6972 (a) (1) (A) , EXXON will seek an injunction ordering each owner and operator of the ACME LANDFILL: ACME, CONTRA COSTA COUNTY, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , CONCORD DISPOSAL SERVICE, INC. , 50542.1 LANDELS, June 9, 1995 RIPLEY & Page 9 DIAMOND A T T O R N E Y S - and CONTRA COSTA WASTE SERVICE, INC. to comply with all . applicable permits, standards, regulations, conditions, .requirements, prohibitions or orders effective pursuant to RCRA, 42 U.S .C. Sections 6901 et seg. Accordingly, under RCRA Section 6972 (a) (1) (B) , to the extent CONTRA COSTA COUNTY' S and certain MUNICIPAL DEFENDANTS' imminent and substantial endangerment allegations are adjudicated to be true, EXXON will seek judgment requiring each of the PARTIES to pay for the costs EXXON has or will incur in identifying, analyzing, monitoring, investigating, and remediating any soil or groundwater contamination at the ACME LANDFILL. EXXON will also seek judgment requiring each of the PARTIES to pay for all landfill closure/post closure costs and attorney fees EXXON has or may incur and for civil penalties . In addition, ;EXXON will seek an injunction ordering each. of the PARTIES to undertake future remediation and closure/post closure activities at the landfill . EXXON may be contacted through its counsel, James A. Bruen, Landels, Ripley & Diamond, 350 Steuart Street, San Francisco, California 94102-1250; (415) 788-5000 . Very truly yours, I am¢s A. Bruen V 50542.1 ' S June 191 1995 . Page 7A NOTICE OF INTENT TO FILE SUIT 42 USC SECTION 6972 (a) (1) (A) 42 USC SECTION 6972 (a) (1) (B) NOTICE IS HEREBY GIVEN that, 60 and 90 days after the date of this notice, Tosco Corporation (hereinafter referred to as "TOSCO" ) , a Nevada Corporation, 2300 Clayton Road, Suite 1100, Concord, California 94520-210010, (510) 602-4000, intends to file suit under the Resource Conservation and Recovery Act ( "RCRA" ) , 42 U.S .C. Section 6972 (a) (1) (A) ; 42 U.S..C. Section 6972 (a) (1) (B). , against ACME FILL CORPORATION ( "ACME" ) , BOYD M. OLNEY, JR. , CENTRAL CONTRA COSTA SANITARY DISTRICT, GENERAL CHEMICAL CORPORATION, NEW HAMPSHIRE OAK, INC. , NHO, INC. , ROHM AND HAAS COMPANY, CONTRA COSTA COUNTY, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF CLAYTON, CITY OF CONCORD, TOWN OF DANVILLE, CITY OF LAFAYETTE, CITY OF MARTINEZ, TOWN OF MORAGA, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, CONCORD DISPOSAL SERVICE, INC. , CONTRA COSTA WASTE SERVICE, INC. , SILVIO GARAVENTA, . SR.', .SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , FRANCISE FIORENTINO, VALLEY. DISPOSAL SERVICE, INC. , SAWDCO, INC. ; VALLEY WASTE MANAGEMENT, INC. , W-T UNIVERSAL ENGINEERING, INC. , MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT, UNITED STATES OF AMERICA, DEPARTMENT OF THE AIR FORCE, ORINDA-MORAGA DISPOSAL; SERVICE, INC. , MARTINEZ SANITARY SERVICE, and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. (hereinafter collectively referred to as the "the PARTIES") . ACME is the plaintiff in the suit pending in the United States District Court- for the Northern District of California, entitled Acme Fill Corporation v. Althin CD Medical, Inc. , et al . , Case No. C 91 4268 SBA ( "the Acme Litigation" ) The remaining Parties, as identified above, are Defendants, Cross-Defendants and. Third Party Defendants in the Acme Litigation. The COUNTY OF CONTRA COSTA' s current cross-complaint in the Acme Litigation, as well as CENTRAL CONTRA COSTA SANITARY DISTRICT, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF CLAYTON, CITY OF LAFAYETTE,. CITY OF MARTINEZ, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, TOWN OF DANVILLE, TOWN OF MOP-AGA, MT. .VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. ( "the MUNICIPAL DEFENDANTS"' ) cross-complaints have alleged that under RCRA an imminent and substantial endangerment to 50542.1 June 9 1995 Page 8A health or the environment exists at the property located at. 939 Waterbird Way, Martinez, California 94553 , commonly referred to as the ACME LANDFILL, in that hazardous wastes and substances have migrated and are migrating through the landfill . To the extent these allegations, made by both CONTRA COSTA COUNTY and certain MUNICIPAL DEFENDANTS are adjudicated to be true, TOSCO believes any such adjudicated endangerment is due to the past handling, storage, transportation, management and/or disposal of solid and hazardous waste by each of the PARTIES. ACME, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. and SILVIO GARAVENTA, .JR. are each current and past owners of the ACME LANDFILL under RCRA. Additionally, ACME, CONTRA COSTA COUNTY, BOYD OLNEY, . JR. , SIL,VIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , CONCORD DISPOSAL SERVICE, INC. , and CONTRA COSTA WASTE SERVICE, INC. are each "operators under RCRA, impart due to their ongoing management, operational oversight and control, staffing, inspections, rate and profit control activities .with reference to ACME LANDFILL Each of the above identified PARTIES were also generators and/or transporters of waste disposed of at the ACME LANDFILL. Through these, and other possible methods, each and every of the above-identified PARTIES has contributed or is contributing to the past and/or present handling, storage, treatment, transportation, or disposal of solid and ..hazardous waste, which the COUNTY OF CONTRA COSTA and certain MUNICIPAL DEFENDANTS, now allege to exist at the landfill .and present an imminent and 'substantial endangerment to health and the environment . ACME sent a Notice of Intent to File Suit under 42 U.S .C. Section 6972 (a) (1) (B) on April 6, 1995 . The CITY OF CONCORD, CONCORD DISPOSAL SERVICE, INC. , CONTRA COSTA WASTE SERVICE, INC. , SILVIO GARAVENTA, SR. and SILVIO GARVENTA, JR. sent a Notice of Intent to File Suit under 42 U.S.C. Sections 6972 (1) (A) and 692 (a) (1) (B) on June 8, 1995 . Accordingly, under RCRA Section 6972 (a) (1) (A)., TOSCO will seek an injunction- ordering each owner and operator of the ACME LANDFILL: ACME., CONTRA COSTA COUNTY, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , CONCORD DISPOSAL, SERVICE, INC. , 50542.1 June 9, 1995 . Page . 9A and CONTRA COSTA WASTE SERVi_CE, INC. to comply with all applicable permits, standards, regulations, conditions, requirements, prohibitions or orders effective pursuant to RCRA, 42 U.S .C. Sections 6901 et sec . Accordingly, under RCRA Section 6972 (a) (1) (B) , to the extent CONTRA COSTA COUNTY' S and certain MUNICIPAL DEFENDANTS' imminent and substantial endangerment allegations are adjudicated to be true, TOSCO will seek judgment requiring each of the_ PARTIES to pay for the costs TOSCO has or will incur in identifying, analyzing, monitoring, investigating, and remediating any soil or groundwater contamination at the ACME LANDFILL. TOSCO will also seek judgment requiring each of the PARTIES to pay for all landfill closure/post closure costs and attorney fees 'TOSCO has or may incur and for civil penalties . In addition, TOSCO will seek an injunction ordering each of . the PARTIES to undertake future remediation and closure/post closure activities at the landfill . TOSCO may be contacted through its counsel, Sarah G. Flanagan, Pillsbury Madison & Sutro, P.O. Box 7880, San Francisco, California 94120; (415) 983-1190 .. Very truly yours, Sarah G. Flanagan s 50542.1 June 9, 1995 Page 7B NOTICE OF INTENT TO FILE SUIT 42 USC SECTION 6972 (a) (1) (A) 42 USC SECTION 6972 (a) (1) (B) NOTICE IS HEREBY GIVEN that, 60 and 90 days after the date of this notice, Fibreboard Corporation (hereinafter referred to as "FIBREBOARD" ) ; a Delaware Corporation, 2121 N. California Boulevard, Suite 560, Walnut Creek, California 94596, (510) 274-2735, intends to file suit under the Resource Conservation and Recovery Act ( "RCRA" ) , 42 U.S.C. Section 6972 (a) (1) (A) ; 42 U.S .C. Section 6972 (a) (1) (B) , against ACME FILL CORPORATION ( "ACME" ) , BOYD M. OLNEY, JR. , CENTRAL CONTRA COSTA SANITARY DISTRICT, GENERAL CHEMICAL CORPORATION, NEW HAMPSHIRE OAK, INC. , NHO, 1NC. , ROHM AND HAAS COMPANY, CONTRA COSTA COUNTY, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF CLAYTON, CITY OF CONCORD, TOWN OF DANVILLE, CITY OF LAFAYETTE, CITY OF MARTINEZ, TOWN OF MORAGA, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, CONCORD DISPOSAL SERVICE, INC. , CONTRA COSTA WASTE SERVICE, INC._, SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , FRANCISE `FIORENTINO, VALLEY DISPOSAL SERVICE, INC. , SAWDCO, INC. , VALLEY WASTE MANAGEMENT, INC. , W-T UNIVERSAL ENGINEERING, INC. , MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT, UNITED STATES OF AMERICA, DEPARTMENT OF THE AIR FORCE, ORINDA-MORAGA DISPOSAL SERVICE, INC. ,' MARTINEZ SANITARY SERVICE, and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. (hereinafter collectively referred to as the "the PARTIES" ) . ACME is the plaintiff in the suit pending in the United States District Court for the Northern District .of California, entitled Acme Fill Corporation v. Althin CD Medical , Inc. , et al . , Case No. C 91 4268 SBA ("the Acme Litigation" ) . The remaining Parties, as identified above, are Defendants, Cross-Defendants and Third Party Defendants in the Acme Litigation. The COUNTY OF CONTRA COSTA' s current cross-complaint in the Acme Litigation, as well as CENTRAL CONTRA COSTA SANITARY DISTRICT, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF CLAYTON, CITY OF LAFAYETTE, CITY OF MARTINEZ, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, TOWN OF DANVILLE, TOWN OF MORAGA, MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT and -WASTE MANAGEMENT. COLLECTION AND RECYCLING, INC. ( "the MUNICIPAL DEFENDANTS'") cross-complaints have .alleged 50542.1 June 9, 1995 Page 8B _ that under RCRA an imminent and substantial endangerment to health or the environment exists at the property located at 939 Waterbird Way, Martinez, California 94553 , commonly referred to as the ACME LANDFILL, in that hazardous wastes and substances have migrated and are migrating through the landfill . To the extent these allegations, made by both CONTRA COSTA COUNTY and certain MUNICIPAL DEFENDANTS are adjudicated to be true, FIBREBOARD believes any such adjudicated endangerment is due to the past handling, storage, transportation, management and/or disposal of solid and hazardous waste by each of the PARTIES . ACME, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. and SILV-IO GARAVENTA, JR. are each current and past owners of the ACME LANDFILL under RCRA. Additionally, ACME, CONTRA COSTA COUNTY, BOYD OLNEY, JR. , . SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA, ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , CONCORD DISPOSAL SERVICE., INC. , and CONTRA COSTA WASTE SERVICE, INC. are each "operators" under RCRA, in part due to their ongoing management, operational oversight and control, staffing, inspections, rate and profit control activities with reference to ACME LANDFILL. Each of the above identified PARTIES were also generators and/or transporters of waste disposed of at the . ACME LANDFILL. Through these, and other possible methods, each and every of the above-identified PARTIES has contributed or is contributing to the past and/or present handling, storage, treatment! transportation, or disposal of solid and hazardous waste, which the COUNTY OF CONTRA COSTA and certain MUNICIPAL DEFENDANTS, now allege to exist at the landfill and present an imminent and substantial endangerment to health and the environment . ACME sent a Notice of Intent to File Suit under 42 U.S.C. Section 6972 (a) (1) (13) on April 6 , 1995 . The CITY OF CONCORD, CONCORD DISPOSAL SERVICE, INC. , CONTRA COSTA WASTE SERVICE, INC. , SILVIO GARAVENTA, SR. and SILVIO GARVENTA, JR. sent a Notice of Intent to File Suit under 42 U.S.C. Sections 6972 (1) (A) and 692 (a) (1) (B) on June 8, 1995 . Accordingly, under RCRA Section 6972 (a) (1) (A) , FIBREBOARD .will seek an injunction ordering each owner and operator of the ACME LANDFILL: ACME, CONTRA COSTA COUNTY, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. ., SILVIO GARAVENTA, JR. , GARAVENTA 50542.1 June 9, 1995 Page 93 ENTERPRISES, BATES AVENUE INDUSTRIAL, . INC. , CONCORD DISPOSAL SERVICE, INC. , and CONTRA COSTA WASTE SERVICE, INC. to comply with all applicable permits, standards, regulations, conditions, requirements, prohibitions or orders effective. pursuant to RCRA, 42 U. S.C. Sections 6901 et sec. . l Accordingly, under RCRA Section 6972 (a) (1) (13) , to the extent CONTRA COSTA COUNTY' S and certain MUNICIPAL DEFENDANTS' imminent and substantial endangerment allegations are adjudicated to be true, FIBREBOARD will seek judgment requiring each of the PARTIES to pay for the costs FIBREBOARD has or will incur in identifying, analyzing, monitoring, investigating, and remediating any soil or groundwater contamination at the ACME . LANDFILL. FIBREBOARD will also seek judgment requiring each of the PARTIES to pay for all landfill closure/post closure costs. and attorney fees FIBREBOARD has or may incur and for civil penalties . In addition, FIBREBOARD will seek an injunction ordering each of the PARTIES to undertake future remediation and closure/post closure activities at the landfill. FIBREBOARD may be contacted through its counsel, Kristen A. Jensen, Sheppard, Mullin, Richter ,& Hampton, Four Embarcadero Center, 17th Floor, San Francisco, California 94111; (415) 434-9100 . Very truly yours, Susan Vomund 50542.1 June 9, 1995 Page 7C NOTICE OF INTENT TO FILE SUIT 42 USC SECTION 6972 (a) (1) (A) 42 USC SECTION 6972 (a) (1) (B) NOTICE IS HEREBY GIVEN that, 60 and 90 days after the date of this notice; Althin CD Medical, Inc . (hereinafter referred to as "ALTHIN" ) , a Delaware Corporation, 2030 Dow Center, Midland, Michigan 48674 , (517) 636-5410, intends to file suit under the * Resource Conservation and Recovery Act ( "RCRA" ) , 42 U.S .C. Section 6972 (a) (1) (A) ; 42 U.S .C. Section 6972 (a) (1) (B) , against ACME FILL CORPORATION ( "ACME" ) ,_ BOYD M. OLNEY, JR. , CENTRAL CONTRA COSTA SANITARY DISTRICT, GENERAL CHEMICAL CORPORATION, NEW HAMPSHIRE OAK, INC. , NHO, INC. , ROHM AND HAAS COMPANY, CONTRA COSTA COUNTY, CITY OF ANTIOCH, . CITY OF BENICIA, CITY OF CLAYTON, CITY OF CONCORD, TOWN OF DANVILLE, CITY OF LAFAYETTE, CITY OF MARTINEZ, TOWN OF MORAGA, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, CONCORD DISPOSAL SERVICE, INC. , CONTRA COSTA WASTE SERVICE, INC. , SILVIO. GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , FRANCISE FIORENTINO, VALLEY DISPOSAL SERVICE, INC. , SAWDCO, INC. , VALLEY WASTE MANAGEMENT, INC. , W-T UNIVERSAL ENGINEERING, INC. , MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT, UNITED STATES OF AMERICA, DEPARTMENT OF THE AIR FORCE, ORINDA-MORAGA DISPOSAL SERVICE, INC. , MARTINEZ SANITARY SERVICE, and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. (hereinafter collectively referred to as the "the PARTIES" ) . ACME is the plaintiff in the suit pending in the United States District Court for the Northern District of California, entitled Acme Fill Corporation v. ' Althin CD Medical, Inc . , et al . , Case No. C 91 4268 SBA ( "the Acme Litigation" ) . The remaining Parties, as identified above, are Defendants, Cross-Defendants and Third Party Defendants . in the Acme Litigation. The COUNTY OF CONTRA COSTA' s current cross-complaint in the Acme Litigation, as well as CENTRAL CONTRA COSTA SANITARY DISTRICT, CITY OF ANTIOCH, CITY ,OF BENICIA, CITY OF CLAYTON, CITY OF LAFAYETTE, CITY OF MARTINEZ, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, TOWN OF DANVILLE, TOWN OF MORAGA, MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. ( ".the MUNICIPAL DEFENDANTS"" ) cross-complaints have alleged that under RCRA an imminent and substantial endangerment to 50542.1 June 9, 1995 Page 8C health or the environment exists at the property located at 939 Waterbird Way, ,Martinez, California 94553, commonly referred to as the ACME LANDFILL, in that hazardous wastes and substances have migrated and are migrating through the landfill . To the extent these allegations, made by both CONTRA COSTA COUNTY and certain MUNICIPAL DEFENDANTS are adjudicated to be true, .ALTHIN believes any such adjudicated endangerment is. due .to the past handling, storage, transportation, management and/or disposal of solid and hazardous waste by each of' the PARTIES . ACME, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. and SILVIO GARAVENTA, JR. .are each current and past owners of the ACME" LANDFILL under RCRA. Additionally, ACME, CONTRA COSTA COUNTY, . BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL; INC. , CONCORD DISPOSAL SERVICE, INC. , and CONTRA COSTA WASTE SERVICE, INC. are each "operators" under RCRA, in part due to their ongoing management, operational oversight and control, staffing, inspections, rate. and profit control activities with reference to ACME LANDFILL. Each of the above identified PARTIES were also generators and/or transporters of waste disposed of at the ACME LANDFILL. Through these, and other possible methods, each and every of the above-identified PARTIES has contributed or is contributing to the past and/or present handling, storage, treatment, transportation, or- disposal of solid and hazardous .waste, which the COUNTY OF CONTRA COSTA and certain MUNICIPAL DEFENDANTS, now allege to exist at the landfill and present an imminent and substantial endangerment to health and the environment . ACME sent a Notice of Intent to File Suit under 42 U.S .C. Section 6972 (a) (1) (B) on April 6 , 1995 . The CITY OF CONCORD, CONCORD DISPOSAL SERVICE, INC. , CONTRA COSTA WASTE SERVICE, INC. , SILVIO GARAVENTA, SR. and SILVIO GARVENTA, JR. sent a Notice of Intent to File Suit under 42 U.S.C. Sections 6972 (1) (A) and 692 (a) (1) (B) on June 8, 1995 . Accordingly, under RCRA Section 6972 (a) (1) (A) , ALTHIN will seek an injunction ordering each owner and operator of the ACME LANDFILL: ACME, CONTRA COSTA COUNTY, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR.. , _ SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES' AVENUE INDUSTRIAL, INC. , CONCORD DISPOSAL SERVICE,. INC. , 50542.1 June 9 1,995 Page 9C and CONTRA COSTA WASTE SERVICE, INC. to comply with all applicable permits, standards, regulations, conditions, requirements, prohibitions or orders effective pursuant to RCRA, 42 U. S.C. . Sections 6901 et sem. Accordingly, under RCRA .Section 6972 (a) (1) (B),, to the extent. CONTRA COSTA COUNTY' S and certain MUNICIPAL DEFENDANTS' imminent and substantial endangerment allegations are adjudicated to be true, ALTHIN will seek judgment requiring each of the PARTIES. to pay for the costs ALTHIN has or will incur in identifying, analyzing, monitoring, investigating, and remediating any soil or groundwater contamination -at the ACME LANDFILL. ALTHIN will also seek judgment requiring each of the PARTIES to pay for all landfill closure/post closure costs and attorney fees ALTHIN has or may incur and for civil penalties . In addition, ALTHIN will seek an injunction ordering each of the PARTIES to undertake future remediation and closure/post closure activities at the landfill . ALTHIN may be contacted through its counsel, Gary J. Smith, Beveridge & Diamond, One Sansome Street, Suite 3400, San Francisco, California 94104 ; (415) 397-0100 . Very truly yours, Brent Schindler 50542.1 June 9, 1995 Page 7D NOTICE OF INTENT TO FILE SUIT 42 USC SECTION 6972 (a) (1) (A) 42 USC SECTION 6972 (a) (1) (B) NOTICE IS HEREBY GIVEN that, 60 and 90 days after the date of this notice, USX Corporation (hereinafter referred to as ".USX" ) , a Delaware Corporation, 600 Grant Street_, Room 5169, Pittsburgh, Pennsylvania 15219-4776, (412) 433-2851,. intends to file suit under the Resource Conservation and Recovery Act ( "RCRA" ) , 42 U.S .C. Section 6972 (a) (1) (A) ; 42 U.S .C. Section 6972 (a) (1) (B) , against ACME FILL CORPORATION ( "ACME" ) , BOYD M. OLNEY, JR. , CENTRAL CONTRA COSTA'SANITARY DISTRICT, . GENERAL CHEMICAL CORPORATION, NEW HAMPSHIRE OAK, INC. , NHO, INC. , ROHM AND HAAS COMPANY, CONTRA COSTA COUNTY, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF CLAYTON, CITY, OF CONCORD, TOWN OF DANVILLE, CITY OF LAFAYETTE, CITY OF MARTINEZ, TOWN OF MORAGA, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, CONCORD DISPOSAL SERVICE, INC. , CONTRA COSTA WASTE SERVICE, INC. , SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , FRANCISE VIORENTINO, VALLEY DISPOSAL SERVICE, INC. , SAWDCO, INC. , VALLEY WASTE MANAGEMENT, INC. , W-T UNIVERSAL ENGINEERING, INC. , MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT, UNITED STATES OF AMERICA, DEPARTMENT OF THE AIR FORCE, ORINDA-MORAGA DISPOSAL SERVICE, INC. , MARTINEZ SANITARY SERVICE, and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. (hereinafter collectively referred to as the "the PARTIES") . ACME is the plaintiff in the suit pending in the United States District Court for the Northern District of California, entitled Acme Fill Corporation v. Althin CD Medical, Inc . , et al . , Case No. C 91 4268 SBA ( "the Acme Litigation") . The remaining Parties, as identified above, are Defendants, Cross-Defendants and Third Party Defendants in the Acme Litigation. The COUNTY OF .CONTRA COSTA' s current cross-complaint in the Acme Litigation, as well as CENTRAL CONTRA COSTA SANITARY DISTRICT, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF CLAYTON, CITY OF LAFAYETTE, CITY OF MARTINEZ, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, TOWN OF DANVILLE, TOWN OF MORAGA, MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. ( "the MUNICIPAL .DEFENDANTS' 11 ) cross-complaints have alleged that under RCRA an imminent and substantial endangerment to 50542.1 E June 9, 1995 Page 8D health or the environment exists at the property located at 93.9 Waterbird Way, Martinez, California 94553, commonly referred to as the ACME LANDFILL, in that hazardous wastes and substances have migrated and are migrating through the landfill .. -To the extent these allegations, made by both CONTRA COSTA COUNTY and certain MUNICIPAL DEFENDANTS are adjudicated to be true, USX believes any such adjudicated endangerment is due to the past handling, storage, transportation, management and/or disposal of solid and hazardous waste by each of the PARTIES . ACME, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. and SILVIO GARAVENTA, JR. are each current and past owners of the ACME LANDFILL under RCRA. Additionally, ACME, CONTRA COSTA COUNTY, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , CONCORD DISPOSAL SERVICE, INC. , and CONTRA COSTA WASTE SERVICE, INC. are each "operators" under RCRA, in part due to their ongoing management, operational oversight and control, staffing, inspections, rate and profit control activities with reference to ACME LANDFILL. Each of the above identified PARTIES were also generators and/or transporters of waste disposed of at the ACME LANDFILL. Through these, and other possible methods, each and every of the above-identified PARTIES has contributed' or is contributing to the past and/or present handling, storage, treatment, transportation, or disposal of - solid and hazardous waste, which the COUNTY OF CONTRA COSTA and certain MUNICIPAL DEFENDANTS, now allege to exist at the landfill and present an imminent and, substantial endangerment to health and the environment . ACME sent- a Notice of Intent to File Suit under 42 U.S .C. Section 6972 (a) (1) (B) .on April 6, 1995 . The CITY OF CONCORD, CONCORD DISPOSAL SERVICE, INC. , . CONTRA COSTA WASTE SERVICE, INC. , SILVIO GARAVENTA, SR. and SILVIO GARVENTA, JR. sent a Notice of Intent to File Suit under 42 U.S.C. Sections 6972 (1) (A) and . 692 (a) (1) (B) on June 8, 1995 . Accordingly, under RCRA Section 6972 (a) (1) (A) , USX,will seek an injunction ordering each owner and operator of the ACME . LANDFILL: ACME, CONTRA COSTA COUNTY, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE. INDUSTRIAL, INC. , CONCORD DISPOSAL SERVICE, INC. , 50542.1 June 9, 1995 Page 9D and CONTRA COSTA WASTE SERVICE, INC. to comply with all applicable permits, standards, . regulations, conditions, requirements, prohibitions or orders effective pursuant to RCRA, 42 U..S .C. .Sections 6901 et sem. ,Accordingly, under RCRA Section 6972 (a) (1) (B) , to the extent CONTRA COSTA COUNTY' S and certain MUNICIPAL DEFENDANTS' imminent and substantial endangerment allegations are adjudicated to be true, USX will seek judgment requiring each of the PARTIES to pay for the costs USX has or will incur in identifying, analyzing, monitoring, investigating, and remediating any soil or groundwater contamination at the ACME LANDFILL. USX will also seek judgment requiring each of the PARTIES to pay for all landfill closure/post closure costs and attorney fees USX has or may incur and for civil penalties: In addition, USX will seek an injunction ordering each of the PARTIES to undertake. future remediation and closure/post closure activities at the landfill . USX may be contacted through its counsel, Gary J. Smith, Beveridge & Diamond, One Sansome Street, Suite 3400, San Francisco, California 94104 ; (415) 397-0100 . Very truly yours, David L. Smiga 50542.1 June 9, 1995 Page 7E . NOTICE OF INTENT TO FILE SUIT 42 USC SECTION 6972 (a) (1) (A) 42 USC SECTION 6972 (a) (1) (B) NOTICE IS HEREBY GIVEN that, 60 and 90 days after the date of this notice, Texaco Refining and �Marketing Inc. on behalf of Tidewater. Oil Company (hereinafter referred to as "TIDEWATER") , 10 Universal -City Plaza, Universal City, California 91608, (818). . 505-3004, intends to file suit under the Resource Conservation and Recovery Act ( "RCRA") , 42 U.S.C. Section 6972 (a) (1) (A) ; 42 U.S . C. Section 6972 (a) (1) (B) , against ACME FILL CORPORATION ( "ACME" ) , BOYD M. OLNEY, JR. , CENTRAL CONTRA COSTA 'SANITARY . J DISTRICT, GENERAL CHEMICAL CORPORATION, NEW HAMPSHIRE OAK, INC. , NHO, INC. ,. ROHM AND HAAS. COMPANY, CONTRA COSTA COUNTY, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF CLAYTON, CITY OF CONCORD, TOWN OF DANVILLE, CITY OF LAFAYETTE, CITY OF MARTINEZ, TOWN OF MORAGA, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, . CITY OF WALNUT CREEK, CONCORD DISPOSAL SERVICE, INC. , CONTRA COSTA WASTE SERVICE, INC. , SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , FRANCISE FIORENTINO, VALLEY DISPOSAL SERVICE, INC. , SAWDCO, INC. , VALLEY WASTE MANAGEMENT, INC. , W-T UNIVERSAL ENGINEERING, INC. , MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT, UNITED STATES OF AMERICA, DEPARTMENT OF THE AIR FORCE, ORINDA-MORAGA DISPOSAL SERVICE, INC. , MARTINEZ SANITARY SERVICE, and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. (hereinafter collectively referred to as the "the PARTIES" ) . ACME is the plaintiff in the 'suit pending in the United States District . Court for the Northern District of California, entitled Acme Fill Corporation v. Althin CD Medical, Inc. , et al . , Case No. C . 91 4268 SBA ( "the Acme Litigation" ) . The ,remaining Parties, as identified above, are .Defendants, Cross-Defendants and Third Party Defendants in the Acme Litigation. The COUNTY OF CONTRA COSTA' s current cross-complaint in the Acme Litigation, as well as CENTRAL CONTRA COSTA SANITARY DISTRICT, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF CLAYTON, CITY OF LAFAYETTE, CITY OF MARTINEZ, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, TOWN OF DANVILLE, TOWN OF MORAGA, MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. . ("the MUNICIPAL DEFENDANTS" ) cross-complaints have alleged that under RCRA an imminent and substantial endangerment to 50542.1 ti June 9, 1995 Page 9F and CONTRA COSTA WASTE SERVICE-, INC. _ to .comply with all applicable permits, standards, regulations, conditions, requirements, prohibitions or orders effective pursuant to RCRA, 42 U. S. C. Sections 6901 et sea. Accordingly, under RCRA Section 6972 (a) (1) (B) , to the extent CONTRA COSTA COUNTY' S and certain MUNICIPAL DEFENDANTS' imminent and .substantial endangerment allegations are adjudicated to be true, SHELL will seek judgment requiring each of the PARTIES to pay for the costs SHELL has or will incur in identifying, analyzing, monitoring, investigating, and remediating any soil or groundwater contamination at the ACME LANDFILL. SHELL will also seek judgment requiring each of the PARTIES to pay. for all landfill closure/post closure costs and attorney. fees SHELL has or may incur and for civil penalties . In addition, SHELL will seek an injunction ordering each of the PARTIES to undertake future remediation and closure/post closure activities at the landfill . SHELL may be contacted through its counsel, John J. Verber, Larson & Burnham, P.O. Box 119, Oakland, California 94604-9918 ; (510) 444-6800 . Very truly yours, Thomas W. Kearns 50542.1 , June 9 , 1995 Page 7G NOTICE OF INTENT TO FILE SUIT 42 USC SECTION 6972 (a) (1) (A) 42 USC SECTION 6972 (a) (1) (B) NOTICE IS HEREBY GIVEN that, 60 and 90 days after the date of this notice, Phillips Petroleum Company (hereinafter referred to as "PHILLIPS" ) , a Delaware Corporation, 1274 Adams Building, Bartlesville; Oklahoma 74004, (918) 661-6600, intends to file suit under the Resource Conservation and Recovery Act ( "RCRA" ) , 42 U. S .C.. Section 6972 (a) (1) (A) ; 42 U.S.C. Section 6972 (a) (1) (B) , against ACME FILL CORPORATION ("ACME" ) , BOYD M. OLNEY, JR. , CENTRAL CONTRA COSTA SANITARY DISTRICT, GENERAL CHEMICAL CORPORATION, NEW HAMPSHIRE OAK, INC. , NHO INC. , ROHM AND HAAS COMPANY,. CONTRA COSTA COUNTY, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF CLAYTON, CITY OF CONCORD, TOWN OF DANVILLE, CITY OF LAFAYETTE, CITY OF MARTINEZ, TOWN OF MORAGA, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY OF SAN RAMON, CITY OF WALNUT CREEK, CONCORD DISPOSAL SERVICE, INC. , CONTRA COSTA WASTE SERVICE, INC. , SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , FRANCISE FIORENTINO, VALLEY DISPOSAL SERVICE, INC. , SAWDCO, INC. , VALLEY WASTE MANAGEMENT, INC. , W-T UNIVERSAL ENGINEERING, INC. , MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT, UNITED STATES OF AMERICA, DEPARTMENT OF THE AIR FORCE, ORINDA-MORAGA DISPOSAL SERVICE, INC,. , MARTINEZ SANITARY SERVICE, and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. (hereinafter collectively referred to as the. "the PARTIES" ) . ACME is the plaintiff in the suit pending in the United States District Court for the Northern District of California, entitled Acme Fill Corporation v. Althin CD Medical. Inc. , et al . , Case No. C 91 4268 SBA ( "the Acme Litigation" ) . The remaining Parties, as identified above, are Defendants, Cross-Defendants and Third Party Defendants in the Acme Litigation. The COUNTY OF CONTRA COSTA' s current cross-complaint in the Acme Litigation, as well as CENTRAL CONTRA COSTA SANITARY DISTRICT, CITY OF ANTIOCH, CITY OF BENICIA, CITY OF .CLAYTON, CITY OF LAFAYETTE, CITY OF MARTINEZ, CITY OF ORINDA, CITY OF PLEASANT HILL, CITY_ OF SAN. RAMON, CITY OF WALNUT CREEK, TOWN OF DANVILLE, TOWN OF MORAGA, MT. VIEW SANITARY DISTRICT, RODEO SANITARY DISTRICT and WASTE MANAGEMENT COLLECTION AND RECYCLING, INC. ( "the MUNICIPAL DEFENDANTS") cross-complaints have alleged that under RCRA an imminent and substantial endangerment to 50542.1 • i t June 9, 1995 Page 8G health or the environment exists at the property located at 939 Waterbird Way, Martinez, California 94553 , commonly referred to as the ACME LANDFILL, in that hazardous wastes and substances have migrated and are migrating through the landfill . To the extent these allegations, made by both CONTRA COSTA COUNTY and certain MUNICIPAL DEFENDANTS are adjudicated to be true, PHILLIPS believes any such adjudicated endangerment is due to the past handling, storage, transportation, management and/or disposal of solid and hazardous waste by each of the PARTIES . ACME, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. and SILVIO GARAVENTA, JR. are each current and past owners of the ACME LANDFILL under' RCRA. Additionally, ACME, CONTRA COSTA COUNTY, BOYD OLNEY, JR. , SILVIO GARAVENTA, SR. , SILVIO GARAVENTA, JR. , GARAVENTA. ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , CONCORD DISPOSAL SERVICE, INC. , and CONTRA COSTA WASTE SERVICE, INC. are each "operators" under RCRA, in part due to -their ongoing management, � operational oversight and control, staffing, inspections, rate and profit control activities with reference to ACME LANDFILL. Each of the above identified PARTIES were also generators and/or transporters of waste disposed of at the ACME LANDFILL. Through these, and other- possible methods, each and every of the above-identified PARTIES has contributed or is contributing to the past and/or present handling, storage, treatment, transportation, or disposal of solid and hazardous waste, which the COUNTY OF CONTRA COSTA and certain MUNICIPAL DEFENDANTS, now allege to exist at the landfill and present an imminent and substantial endangerment to health and the environment . ACME sent a Notice .of Intent to File Suit under 42 U.S. C. - Section 6972 (a) (1) (B) on April 6, 1995 . The CITY OF CONCORD, CONCORD DISPOSAL SERVICE, INC. , CONTRA COSTA WASTE SERVICE, INC. , SILVIO GARAVENTA, SR. and SILVIO GARVENTA, JR. sent a Notice of Intent to File Suit under 42 U.S.C. Sections 6972 (1) (A) and 692 (a) (1) (B) on June 8, 1995 . Accordingly, under RCRA Section 6.972 (a) (1) (A) , - PHILLIPS will seek an injunction ordering each owner and operator of the ACME LANDFILL: ACME, CONTRA COSTA COUNTY, BOYD OLNEY, JR". , SILVIO GARAVENTA,. SR. , SILVIO GARAVENTA, JR. , GARAVENTA ENTERPRISES, BATES AVENUE INDUSTRIAL, INC. , CONCORD DISPOSAL 50542.1 . s June 9, 1995 Page 9G SERVICE, INC. , and CONTRA COSTA WASTE SERVICE, INC. to comply with all applicable permits, standards, regulations, conditions, requirements, prohibitions or orders effective pursuant to RCRA, 42 U. S .C. Sections 6901 et sem. Accordingly, under RCRA Section 6972 (a) (1) (B) , to the extent CONTRA COSTA COUNTY' S and certain MUNICIPAL DEFENDANTS'- imminent and substantial endangerment allegations are adjudicated to be true, PHILLIPS will seek judgment requiring each of the PARTIES to pay for the costs PHILLIPS has or will incur in identifying, .analyzing, monitoring, . investigating, and remediating any soil or groundwater contamination at the ACME LANDFILL. PHILLIPS will also seek judgment requiring each of the PARTIES to pay for all landfill closure/post closure costs and attorney fees PHILLIPS has or may incur and for civil penalties . In addition, PHILLIPS will seek an injunction ordering each of the PARTIES to undertake future remediation and closure/post closure activities at the landfill . PHILLIPS may be contacted through its counsel, Barry S . Sandals, ,Morrison & Foerster, 345 California Street, San Francisco, California 94104-2675; (415) 677-7000 . , Very truly yours, Karen Brand 50542.1