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 ,
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LANDELS, June 9, 1995
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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
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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
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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
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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
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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
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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
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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 .
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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