law offices beveridge & diamond, p. c. · the group hired an investigator to identify...
TRANSCRIPT
EPA Region 5 Records Ctr.
Karl S. Bourdeau(202) [email protected]
LAW OFFICES
BEVERIDGE & DIAMOND, P. C.SUITE 7OO
I35O I STREET, N.W.WASHINGTON, D. C. 2OOO5-33II
(2Oa)789-6OOO
TELECOPIER <2O2) 789-6I9O
February 28,1997
275719
4OTH FLOOR437 MADISON AVENUE
NEW YORK, N.Y. IOO22-738O(2I2)7O2-54OO
BEVERIDGE & DIAMONDSUITE 4OO
ONE BRIDGE PLAZAFORT LEE, N. J. O7O24-75O2
(201)565-8162
BEVERIDGE & DIAMONDSUITE 34OO
ONE SANSOME STREETSAN FRANCISCO, CA 94IO4-4438
(•HS)397-OIOO
Keenan Oil2350 Seymour AvenueCincinnati, OH 45212
SKINNER LANDFILL SUPERFUND SITE
Dear Sir or Madam:
This firm represents a group of companies, including The Dow Chemical Company, Ford MotorCompany, GE Aircraft Engines, Morton International, PPG Industries, Inc., and VelsicolChemical Corporation (hereinafter "the Group"), in an action to be filed on their behalf in March1997 in the United States District Court for the Southern District of Ohio. The Group consists ofcompanies that have incurred response costs associated with the Skinner Landfill in WestChester, Ohio ("the Site") and are parties to a Unilateral Administrative Order and Consent Orderwith the United States Environmental Protection Agency ("EPA") regarding certain activities atthe Site. The Complaint will seek from you and a number of other defendants recovery of costsincurred and to be incurred by the Group.
Most of the defendants have already received some background information about the SkinnerLandfill from EPA. Upon information and belief, the Site was used for waste disposal from the1930s until the late 1980s. The Site was operated as a family-owned business from the time theSkinners purchased the property (in or around 1947). All members of the Skinner family thatworked at the Site have been deposed or interviewed regarding operations of the landfill andidentification of PRPs. In addition, Elsa Skinner, who maintained the accounting records for theSkinner business for the entire time it was in operation, provided an accounting ledger spanningthe period 195 5 to 1987.
Many parties have already received nexus data that describe the evidence allegedly tying them tothe Site. Enclosed with this letter is an additional package referencing your alleged nexus to theSite. This information was obtained through the efforts of EPA and the Group. EPA conducted aResponsible Party Search, took several administrative depositions and conducted several witnessinterviews, and obtained responses to Section 104(e) requests for information from a number ofPRPs. The Group hired an investigator to identify additional PRPs and to interview individuals
BEVERIDGE & DIAMOND, P. C.
with knowledge of the Site and its customers during the years of operation.-
As we mentioned above, the Group intends to file its Complaint in March, but will temporarilyrefrain from serving the Complaint on you in the hope that the parties can reach consensus on anAlternative Dispute Resolution ("ADR") process to be conducted in lieu of traditional litigation.We believe that this approach is more equitable and cost effective for all the parties concerned.As you know, EPA has already endorsed such an approach in this case to bring about anallocation that is fair, reasonable, and acceptable to the parties.
As you know, there is a meeting scheduled for March 11, 1997 in Cincinnati to discuss these andother issues. We will provide to you shortly before or at that meeting a model ADR protocol thatwe would like to use as a starting point for developing a consensual ADR process. The Groupwants to stress that you and your client will have input on the type of allocation process that willbe most effective for this particular Site. We anticipate using the next month to entertaincomments on the ADR procedure and to develop an acceptable ADR process.
We encourage you to attend the March 11th meeting. If you have any questions before then,please feel free to call me at (202) 789-6019, Fred Wagner of my office at (202) 789-6041, orMichael Kay at (517) 636-7872.
Sincerely yours,
Karl S. Bourdeau
On Behalf of: The Dow Chemical Company,Ford Motor Company, GE Aircraft EnginesMorton International, PPG Industries, Inc.Velsicol Chemical Corporation
Enclosures
]_/ At the request of EPA, the nexus materials have been redacted in an initial effort to protect the privacy ofnon-Skinner family member witnesses. We anticipate that full, unredacted versions of the nexus materials will beprovided to cooperating PRPs during the course of the ADR proceedings.
Skinner AccountingLog Entry Summaries
ADDRESS 19)5 1956 19)7 I95» 1939 || 1940 || 1941 || 1942 194) 1*44
SKINNER LANDFILL WS
A.K. BAIER
ACME WRECKING
AERONEA HFC CO
AUEK UNOSCATIHC
Moid, OH
120 U.hr»«o AVI| Cln 29, OH
MldJl.toim, OH
Cinclnattl, OH
AMERICA* BARREL AHO COOPERAGE COI23B Kmwlton St| Cincinnati! 21, OH
AMERICAN CIAHAMID CO. Dox'41)lt| Cln, OH 41241
AHTHOHT L. RACB EICAVATIHC CONTH320 D.vli St| Lockland, Cln II OB
ARMCO SYSTEMS CONTRACTING
ARTHUR RABK1N
AVON PRODUCTS
III WECKING 'AMD EICAVATIHC
I. tSTERKAMP
fl.F. COODR1CH CO
BEATY'S AUCTION
BERMAN LEASING CO
BILL RING
Bill TOUNC 1 CO. INC
SOUS UlEStL EXCAVATING
90B HdUARO
tOt HERAU. EXCAVATING
SRASIIEAR CONSTRUCTION, INCbUTI.ER COUNTT
SUTLER HFC CO.
IYRNES AMD CONUAY CO.
:. OATTILO AHD COHTAHt
:.!.. IIOPICINS AND SONS
.M. 1'AULA CO
ADI. HUFF
AM. MILLED
I03UO Ev.nd.I. Or| Cln, OB 43241
Cinclnatti, ON
17) rrofrcu Pl.c.i Sprlntd.U, Cln, OH 4324*
3BOI Train Av.| Cl.viland, OB 44102
3747 RUkU ld| Cincinnati 39, OH
500 S. Main Sc| Akron, OH 44)11
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1*66 I) 1967 1941 l»t» 1970 1*71 I) 1*72 || 197] 1»7« 1*7) || 197t 1»77
S K I N N E R LANDFILL PUPS
A . R . BAKERACHE MECKINGAERONEA MFC COALDEN LANDSCAPINGAMERICAN BARREL AMD COOPERAGEAMERICAN CYANAHID CO.ANTHONY L. RACH EXCAVATING CONARMCU SYSTEMS CONTRACTINGARTHUR RABKINAVON PRODUCTSBIB WRECKING AND EXCAVATINGB. tSTERKAMP
B.F. COODR1CII CO
BEATY'S AUCTION
BERHAN LEASING CO
BILL RING
BILL YOUNG I CO, INC
BOLES DIESEL EXCAVATING
BOB IIUUARD
BUB PIERALL EXCAVATING
HXASIIEAR CONSTRUCTION, I III'.
BUTLER COUNTY
WH.lt HFC CO.
BYRNES AND CONUAY CO.
C. UATT1LO AND COMPANY
C.I.. HOPKINS AND SONS
C.M. PAULA CO
CARI. HUFF
CARL HILLEH
CHANDLER CONST. CO.
CIIEH1CAL LEAMAN TANK LINES, IN
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cniClHHATTl HILACROH CHEMICALS
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SKINNER UHDFILL PRPS
It HBO t| 1991 I9BZ 1*1* I9S1 1986 I9»7 TOTAL
A.ft. BAKER
ACHE UUCK1MC
AERONEA HFC CO
ALOEH LANDSCAPING
AMERICAN BARREL AND COOPERAGE
AMERICAN CI AH AMID CO.
AKTHONT L. RACK EXCAVATING COH
ARHCO SYSTEMS CONTRACTING
ARTHUR RA1K1N
AVON PRODUCTS
lib WRECKING AND EXCAVATING
B. ESIERKAKT
B.F. GOODRICH CO
BEATt'S AUCTION
BERI1AII LEASING CO
BILL RING
Bill. TOUNC I CO. IHC
HOLES DIESEL EXCAVATING
BOB HOWARD
HUB riERALL EXCAVAT1HG
UKAJIIEAR CONSTRUCTION, INCHITLER COUNTYSUTLER HFC CO.ITRNES AND CONUAt CO.
DATTILO AND COMPANY.L. HOPKINS AND SONS.M. PAULA CO
:ARI. HUFF:ARI. HILLEDHANDLER CONST. CO.
.•IIEHICAL LEAIMM TANK LINES, INJHURCII OF CHRIST:1H. fMHC AMD SEAUHC
CINCIHNAni CLC. AND FINISHING
I IHCHINATTI M1LACRON CHEMICALS
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1173.00$30.00
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$0.00$17.50
$130.00$540.00
$0.00$1.50
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$4.50$0.00
$930.00$50.00$54.00$13.50$0.00
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$945.74$*36.00
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5)04.00$1,030.00
$5)4.20$2,203.00
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CLARK'S DISPOSAL
CUHU'S COMPLETE COLLECT10H
CIJtRU'S SANITARY FILL
CLAUDE 'RED* OAVIOSON
ADDRESS 1911 l»3t 1951 || 1*3* mo 1*41 I) 1*42 I) 1*41
10900 Rd, kd| CU, OB 43241
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EDUARD EPSY'S WASTE COLLECTION
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St. Barnard^ OH
2)01 Homood Aval Cin, OH 4)212
Sharonvlll*, OH
111)! Labanon Rd| Skaronvllla, OH 45241
4414 U Mitch.11 Av«; Cln, OH 45232
PO Box 314 TuUa, 2. OX
Cl.valand, OH
Ervli 1371 Ada.t St |Cln. OH 4)21)
1134 Jackaon St.iCU OH 4)211
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tEDERELE AND SONS, INC. ' Uait Cb.itar, OH
fELU JANSEN CO 920 Daanao Rd| Monro., OH 4)0)0
flSHEH BODY DIVISION, CMC Noruoo4726 S.ltk Rd.| Nonfood, OH 4)212
H.EXI VAN
H.OTD V1CKERS EXCAVATING
FOX PAPER coFREDRICK H. LEVEY CO INC
tAI.LRNSTEIN. HENRY JR.
•:EHE CROMER
On. Gilb.rt Dr| S..C.CU1, NJ 070*4
1651 W.yn.-n.dlion Rd; Tc.ncon, OB 4)067
I'O Bo* »7| Lockl.nd, Cln. 2], OU
650 CUndil.-MlUord Rd| Uoodlim, Cln OH 44)2I)||
11)11 0«.rll.ld Rd| Cln, OH 4)242
Uoil Clicnter. OH
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SKIHNER LANDFILL PRPSADDRESS 1933 || 193* || 1937 1939 || 19(0 || 19(1 || 19*2 . || .19*3 ||
HAMILTON WEST APIS. (Mr. JB Rof.loi "C" Wood 1.TO| Cin II, OH
HARCENA* ENTERPRISES CONSTHAWS GARBAGE AND TJL4SHJACK HAWS WASTE COLLECTIONIIE1N2E EICAVAT1NCHOCIS BIHCH CO.UOUARD COSSACEHUBER AND U1CT.EHUB UALTY
Box 4I31Z| Sharonvllla, OH 43241
114/3 N. U.lmit Sc.| Cln 44, 08
Box I 44| Mla.lvllla. OR 43137
Cinclnacti, OR
Cinclnactl, OB
Bathanjr, OH
U«»t Cbaatar, OH
109 tl« St| Clm, OH 43202
INDUSTRIAL EQUIPMENT AND SUPPLY 340 Walnut St| Bntlto*. OH
INTERNATIONAL MINERAL AMD CHEKICB1( 4 and Suallajr R4| SharonvUla. CU 43241
J. UEBER DAIRY CO.
J.r. CONSTRUCTION
JAMES CILLIS, CONTRACTOR
JOHN F. BUSHELHAN CONST
JOHN J. MUTTON TKUCtlHC
JOHN LUNSFORD-SHAROH CAR WASH
IOIIN R. LOOMIS, INC
.ELLtt AND CARPENTER
:«OCER CO, FOOD PROCESSING
Bail Iton and Ciaclnnacti, OR
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11167 HaU St; Cin 41, OH 43241
to, ](l*7| Cin, OR 4321*
210 S. Fifth Set Raallton, OH 43011
1240 St.c. Av.| Cin. OH 43204
INC WHICHNC C0/Cont«in«r Sarvi l441 Gait Sc.| Cin OH 43201
UIIZ
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SKINNER UNOF1LL HITS
HAMILTON WEST ACTS. (Mr. JB to
HARGEIUB] ENTERPRISES CONSTHAWK'S GARBAGE AND TRASHJACK BAUU HASH COLLECTIONHE1NZI nUVATIMC
HOCKS I1NCB CO.
HOUAIID COSSACE
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INTERNATIONAL MINERAL AND CHEN
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J.H. CONSTRUCTION
JAMES CILLIS, CONTRACTOR
JOHN r. BUSHELMAN CONST
JOHN J. UHITTON TRUCKING
JOHN LUIISFORD-SIIARON CAR HASH
JOHN R. LOOM1S, INC
KELLEY AND CARPENTER
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CUNZ
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DM 1. KEYES GENERAL CONT
RANPLER BROTHERS
R1-COUN1T ROOFING CO.
.5. INFORMATION AGEHCY
N1VHRSAL CaHTRACTlHG CQRT
AUCHN IUILD1NC CO OF OHIO
EST AND IJIRTEU.
ILLACE OF CLENDALEIGUndil* U
1LLACE OF MONROE
1I.LACE OF .MONTGOMERY
ILLACE Of '.SILVERTOM
UK t»CAV»T]NC
197* ||
Truckini.lt
Hauling i||
Etc ||
II
II
II
II
II
II
II
II
II
II
II$1(4.00||
II
II
II
II
II
II
II
II
II
II
II$]00.00||
IIIIIIIIIIIIIIIIIIIIIIIIIIII
SI10.00||
1*10 ||
Trucklni,||
Hauling t||
Etc 1)
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
1*11 ||
Truck lot II
Haullnf 1 1
Etc ||
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II$4(0.00||
II
II
II
II
II
II
II
1*12 || 1*11 || l»«4 II 1*13 || l*l( II !»«' TOTAL 1
DuapUf ||Di»piB| At ||Du«pln£ At||Duiplnf At ||Dmplni At|| Duiplnf
II
II
II
II
II
II
II
II
II
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II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
Diipo.al ||
ri»t ||IIIIIIIIIIIIIIIIIIII
$I.3M.42||
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II$20.00||
II
II
II
II
II
• I I
II
II
II
II
II
Dl.po..! ||
Plant ||
IIjiso.oon
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
JiOO.OO] |
IIIIIIIIIIIIIIIIII11IIIIIIIIII
DUpoial || Dlipoaal
Plant 1 1 Plant.
II
II
II
II
II
II
II
II
II
II
II
II
II$3,0(0.00)1
II
II
II
II
II
I I .
II
II
II
II
II
II
II
II .
II$k3.00||
II
II
II
II
II
II
II
II
II
II *t
|| Landfill
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
II
$130.00
$230.00
$0.00
$3.00
$41.00
$1.00
$0.00
$12.00
$0.00
$1,3*1.42
$1(4.00
$2,310.00
$1,0(0.00
$I5(.00
$(.50
$u.oo$200.00
$33.00
$17.00
$0.00
$1,300.00
$233.00
$•00.00
$35.00
$300.00
$0.00
$20.00
$(.00
$13.00
$175.00
$4(0.00
$13*. »
$71.00
$1,*)0.00
$3,00*. 00
$(2.30
$41.00
$150.00
0.03711
0.0(7(1
0.00001
0.001*1
0.01(11
0.00111
0.00001
0.004(1
0.00001
0.330*1
0.0(211O.M77J
1.17341
0.03*41
0.00231
0.001*1
0.07(21
0.01331
0.01411
0.00001
0.4*311
0.01*91
0.10411
0.01131
0.11431
0.00001
0.007(1
0.00211
0.00571
0.0((7t
0.17521
0.11*71
0.02701
0.742*1
1.14(11
0.023(1
0.01(31
0.03711
ADDRESS II l»M || l«« || l»60 mi || t»« || mi || IMA ||SKINNER UHDFILL PRPS
U.K. HOUARD
•AUEt OOIDEM
UOT CHCSTH EXCAVATINGtlUITEVOCt'S
U1U.UMSIURG BOKE
uiLLiAHstURG PROPERTIES, IMC.ZIU.1C EICAYAT1HC AMD PAVING
B«thanf, Oil
U«»t Chaittttt OB
CUelutcl, OH
ClnclMCti, OH
Clncluttl, OB
I) D»pln( || Du.plnf || D-.pln, || Du.pln, || Du.pU, || Du.pln, || Du.pl •>, || Du.
II II II II II II II II
II
IIIIII
IIII
IIII
II
IIII
$1.00||
$10.00||
II$2I.OO||
IIIIII
IIIIIIIIIIIIIIIIII
IIIIIIIIIIIIIIIIII
IIIIIIIIIIIIIIIIII
IIIIIIIIIIIIIIIIII
IIIIIIIIIIIIIIIIII
IIIIIIIIIIIIIIIIII
pi,, ||Do.pl., OD|| Ih»pU, ||
||U. Ch«it>r||0n ArlU,coD||
|| Prop.
IIII
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II
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rcr || B(t< t B»t||
||Cb»c«r Prop ||
II IIII MII IIII IIII IIII IIII II
TOTAL till-00 JIU.30 $1,3*4.50 $1.]7».)0 $1,271.20 $2.000.00 $1,147.00 $1,111.30 $t,0<2.00 $21,*1*.}0
ws II l»47 || l»«t || H70 || l»72 l»7) || 1»74 || »»» l»7t || 1*77tllHNCI LANDFILL tUS
U.K. HOUAED
WALTE1 COUCH
WEST CBESTEt EICAVATINC
UUITCVOOE'S
blLLIlMSBUlC BOUT
W1LLIAHSIUIC rkOFEtTIES, IMC.
ZIU.IC EICAVATIMG MO PAVIHC
Du.plng ||
II
IIII
II
II
II
II
II
II
II
Ounplng ||
On Unit | |
Chutnr ||
Frop.rtr ||
II
II
II
II
II
II
II
Dunplng— HDunping OB|| Trucking, | (Trucking, || Trucking ||
UMtlll (||Undflll
Dlipool IjDlipoul
Flint | | Flnnt
II
II
II
II
II
II
II
II R>IIIIIIIIIIIIIIIIII
ullng, | (Ruling,
Etc. || Etc.
IIIIIIIIIIIIIIII
IIIIIIIIIIIIIIII
IIII
Ruling ||
« Etc. ||
IIII
IIIIIIIIIIII
Draolltlon) (Trucking, || Trucking,
Work 1 Ml .0 1|
Wricking 1 1
IIIIIIIIIIIIIIII
Ruling 1 1 Ruling (
Etc || Etc to Bunp
IIIIIIIIIIIIIIII
|| Trucking,
1 1 Ruling I
||Itc coDu»p
II
II
II
II
II
II
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II
II
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EC. ||
IIIIIIIIIIIIIIII
Trucking, (1
Ruling l||
Etc ||
IIIIIIIIIIIIIIII
Trucking,))
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Eta ||
IIIIII
IIIIIIIIII
$25,218.10 $23,172.74 $34,251.02 $«,»a0.7« $1.3)0.2} $2,*30.00 $),•!).00 $1,000.00 Jl.500.00 $1.007.7* $3,310.00 $5,51).00 $2,106.00 $2,52t.OO
H«y l*»4
StIHHEl UHDriLL nfS
U.I. BOUAU
HALTER COUEN
WEST CHESTER EXCAVATING
UniTEVOCl'S
UlLLIAMsiuiG HOME
UiaUMSBUIG MOfHTIES. INC.
ZILLIC IXCAVATING AND PAVING
197* 1*10 lt«l 1*12 DM 1*14 1*13 11U 1*17 TOTAL
Truckl»|.||
Hauling Ml
lie II
I II IIII II II II II I
Tniefcln|,||
8»ulU| Ml
Ice ||I II II II II II II I
$340.00||
Tnicklnf ||
•avliag 1 1
Ice ||I II II II II II II II I
Du.pl.! ||Du»pl.( Ac
I II II II II II II II II I
Diipoial
fl.nt
||D..pi.(Ac||D»pln(
I II II II II II II II II I
|| $IOO.OO||
Ac ||l
Dlipo»l || Dlipotal ||
M.ot 1 1 ri.DC
I II II II II II I
1 1 '«»I I
I II II II II II II I
.00||
I I
ta.pl.! AC ||
Pt.poi.l ||
M.et ||
I II II II II II I||
I I
Ou.pUi
AC
Landfil l '
$3,170.00
$4,600.00
$1.00
$10.00
. J3.I70.00
$21.00
J4.400.00
$223.00
$640.00
0.000*1
o.oom1.47441
o.ootoi1.7323X
0.01371
0.24)11
$4,4)6.00 $1,200.00 $tto.oo $310.00 $4,4*4.11 $(,114.00 $7,273.00 $22,506.00 $31,641.00 $242,417.3)
Skinner Site ContractWorker Sworn
Statement Excerpts
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IN RE: SKINNER LANDFILL SUPERFUND SITE.
SWORN STATEMENT OF
Taken by John Breslin, Esq., at
the Stewart Potter United States Courthouse, 100
Main Street, Room 248, Cincinnati, Ohio at 9:30
a.m. on November 8, 1994 before Lisa Conley, RPR, a
notary public within and for the State of Ohio.
RECEIVED
DEC 0 2 1994Legal Department
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APPEARANCES:
John Breslin, Esq.
Charles H. Tisdale/ Jr., Esq.
Mr. Joseph Kawecki
Ms. Karen Lauzon
Lisa Conley, RPR, Court Reporter-Notary Public
WITNESS
I N D E X
EXAM FURTHER EXAM
3 79
68
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1 MR. BRESLIN: My name is John
2 Breslin. I'm an attorney with the Environmental
3 Protection Agency. To my right is Joe Kawecki, who
4 is a civil investigator with the EPA. At the end
5 of the table is Chet Tisdale, who is an attorney.
6 I'd like to thank you for coming for this
7 deposition under Superfund Law/ which is also
8 called CERCLA, C E R C L A.
9
10 of lawful age, a witness herein/ being first duly
11 sworn as hereinafter certified was examined and
12 testified as follows:
13 EXAMINATION
14 BY MR. BRESLIN:
15 Q. Would you please state your name.
16 A . I ' m
17 Q. What's your address/
18 A. Present address is
19
20 Q. Are you currently employed?
21 A. Yes, I'm working for Jerry's Truck
22 and Diesel Repair, Harrison/ Ohio.
23 (Witness affirmed.)
24 Q. could you tell us a
25 little about your background/ how long you've lived
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in the Cincinnati area?
A. Basically all of my life. Maybe
eight or ten years when I was a small child I was
throughout Southern Indiana, and then perhaps
around '84 to '90 I was in Indiana again, you know,
but other than that, I've always been around
Cincinnati.
Q. Is all of your schooling, education
in the Cincinnati area?
A. Outside of my grade school was in
Indiana
Q. Okay. Has your employment history
all been in the Cincinnati area?
A. Basically.
Q. Could you trace that briefly for us,
just in a general sense.
A. General from my first job to my
current job, is that where we want to go?
Q. Yes, that would be fine.
A. Let's see, how ridiculous could it
be. I sold papers as a child. Then I worked in a
greenhouse. Would you like to know when I -- what
to do with the Skinner Landfill, what about those
jobs?
Yeah, or your jobs as an adult. What
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would you say your trade is or has been?
A. Well, my trade is, I'm a diesel
mechanic, heavy equipment mechanic, also heavy
trucks, class A trucks. I worked from around '67
to '70 basically in that area for a company, A Okay
Leasing, that was on 6256 Wiley Road, and that was
when I first learned about Skinner's landfill
because Keenan Oil -- This has never been said to
anybody. Keenan Oil used to dump a lot of their
residue oil at the lagoon there at Skinner's
landfill.
Q. Do you know how to spell Keenan Oil?
A. K E E N A N , ! presume.
Q. Was that a Cincinnati --
A. They're by Cincinnati Gardens.
Anchor-Hocking I believe bought the company.
Q. And how do you know that they dumped
materials there?
A. Because I took care of the trucks,
and the trailers, and tankers, and everything for A
Okay Leasing, which called for Keenan Oil.
Q. When you say took care of them --
A. I was a mechanic.
Q. -- you repaired them?
A. Yes.
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Q. Did you actually --
A. No, I didn't drive it.
Q. So how did you know directly what was
being hauled by the --
A. I don't know what was being hauled
exactly as far as the chemical makeup. I know
mostly it was creosote and other by-products that I
guess Keenan bought from other manufacturers or was
given to them or something that they couldn't use.
Q. How did you become aware that Keenan
was using the Skinner Landfill site?
A. Well, later on when I worked with
John Skinner, I knew about the lagoon. He cut one
lagoon out of rock, and the gentlemen at Keenan Oil
told him it wouldn't work, and this old man
Skinner, this was Albert, didn't take much heed to
what they said, and it did leak. It leaked through
the cracks of the stone.
That's the one down below. It's not
up in the dumper where the lagoon was up by the
smoke stack. In other words, the first lagoon that
the EPA looked for, that's the one that was covered
up the weekend prior to the EPA coming on the
landfill. That's when John Bushelman had every
piece of equipment he owned there.
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Q. Okay, we'll cover that in a little
while. When you were at A Okay, did you talk to
drivers; is that how you knew what was going on?
A. Well, James Hurley was one of the .--
he worked for Harley Hale, which originally owned
or I presume started A Okay Leasing. Ken Riley
owned the business when I worked for A Okay or he
owned the business when I worked for A Okay
Leasing, and he told me later that he had hauled a
lot of that stuff there, and, of course, the lagoon
smelled like creosote, but that was years before
the Skinner thing came up. That was back in the
late '60's.
Q. So did you know the Skinners at that
point?
A. Not really. I didn't really meet
John until around '73, although, I knew of him, you
know, but I never — John and I were very good
friends. I worked with John for a long time.
Q. Where did you work after you worked
at A Okay Leasing through 1970?
A. Oh, God, many places, Gallenstein
Construction, Continental Plastics. You know, I
probably worked a hundred different places in my
life.
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8
Q. Were all of those jobs as a truck
mechanic?
A. Yeah, sometimes, you know, usually,
whatever pays, you know what I mean. I drove
trucks and repaired them. I designed furniture and
things, tools to cut plastics and so on.
Q. Where did you work at the time you
first came in contact with John Skinner or any of
the other Skinners; do you recall?
_A. I believe the first time I personally
met John I was up at Mason at a friend of mine's
garage, Junior Robinson's, and that's when I first
met John. In fact, John and I went and looked at a
truck that he wanted to -- somebody to assemble
it. It had been bought without an engine in it,
and that's the first time that I met John. It was
in '73. I remember that because I bought a new
Chevrolet pickup truck in '73, and the thing was
brand new and it quit on us.
Q. Pardon me?
A. It quit on us, a new car, and I'm a
mechanic, and the stupid thing quit running.
Q. Oh, okay. So did John get in contact
with you for you to repair this truck?
A. Right. Well, I never worked on that
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particular truck. That truck was sold to someone
else, but I started working with John probably in
the latter part of '74.
Q. Did you have any contractual
employment relationship with him or was it a
job-by-job thing?
A. Yeah, it was just a job-by-job thing,
you know. In other words, we did a lot of work
together, in other words, we worked about 7 days a
week, 20 hours a day, which is about as steady as
you can work, you know, but we never had an
agreement that we were going to do this 6 months
from now or whatever. We just, whatever was being
worked on or the work to be done, it would be done.
Q. Did you work at the Skinner property?
A. Yeah.
Q. On Cincinnati-Dayton Road there?
A. Yeah.
Q. Was there some kind of garage?
A. No. I mean, that was doing whatever,
you know, a lot of demolition work and moving of
heavy equipment and objects and so forth.
Q. Were you involved while you were
working with John Skinner with the waste disposal
operations out there at all?
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A. Yeah/ right.
Q. How would you characterize your
involvement in those types of operations?
A. Well, let's.see. I personally don't
remember driving or hauling anything from Chem-Dyne
in Hamilton to the Skinner landfill. Ray did that
basically every night, you know, a lot of stuff at
night was hauled in there. I unloaded a lot of
trailers, you know, box trailers, freight type
trailers, John and I did that.
When you say Ray, for the record who
do you mean?
A. Ray Scarra, that's John's half
brother. Well, since John's dead, I guess it's not
his half brother, but John would have been his half
brother.
Q. Who was running the Skinner
operations in those days?
A. Well, I presume, of course, ownership
would have been Albert and Elsa's, but, you know,
they didn't really know what John was doing. I
remember when the problem first came around, it was
something illegally done, I didn't know that. You
know, I just took for granted it had always been a
dump or a landfill, you know, and I didn't know
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anything was wrong about it, quite frankly.
You know, here's a company in
Hamilton, and this is the landfill, you know. And
I believe John only told them like 100 or 150 per
trailer load or something, and John was probably
getting a thousand. When I knew about this was
prior to the EPA coming in there, I think Kovacs is
his name from Chem-Dyne.
Q. Kovacs?
,A. Kovacs. This has been 20 years ago,
you know, and it was something I overheard the old
man saying something about 25,000, and he says that
guys crazy, it's only 2,500, and you have to make
some money out of that.
So I mean, Albert was talking to
John, so Albert had in his mind John had only got
$2,500 this last time or something or the other,
and it was actually $25,000 owed John Skinner. So
John made an immense lot of money. I mean, maybe
not millions, but hundreds of thousands, you know,
couple hundred thousand dollars. I'm just
guessing, you know.
Q. This is around the time when you
started out there, you say it was '74?
A. Around, yeah.
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Q. At first, then, were your
responsibilities mostly taking care of equipment or
repairing equipment at some point or were you
immediately involved in every aspect of the
operation?
A. Yeah, basically everything that was
being done, you know. In '74, '75 John and I
worked a little over a year seven days a week every
day wrecking a real large building in St. Bernard,
the Armor. Fertilizer building.
Q. You wrecked it, you say?
A. Yeah, wrecked it. It was a
tremendous job. That's how John showed -- I mean,
John basically bought the job to show Elsa, and I
presume to show Elsa and Albert, how he got all
this money. The job didn't really pay all that
much money, but that's when John bought a new
Cadillac and a lot of equipment. Ray, of course,
whatever John bought, Ray had to have, so Ray got a
new Lincoln out of the deal.
Q. How does this relate to you? You
said you wrecked -- What's the name of the building
you wrecked?
A. We demolished a great big 800 feet
long, 200 feet wide, 100 foot high -- I did all the
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heavy work on it.
Q. What was that company called?
A. The Armor Fertilizer building. It's
still owned by the same people/ Bill Schmit, and I
can't think of Bill Schmit's partner's name. I .
just gave them some pieces for an old truck. I
can't think. The two guys are partners.
Q. What was done with the debris and the
wreckage from there?
.A. Well, the wood was, of course, hauled
to the dump, the landfill, and the materials was
either -- of course, the steel materials that was
damaged was recycled or sold to scrap metal
dealers, you know. The steel that was usable, was
sold or shipped to people that needed it, you know,
wanted it, and other materials were sold. There
was, you know, not a lot of debris on it. It was a
steel building.
Q. In those days, the first part of the
'70's, what were you typically doing in the course
of a day or a week regarding disposal of wastes at
the Skinner landfill?
A. Well, okay. When I was up at the
dump or landfill, it was in a trailer. John would
excavate a hole, and John and I would get up in the
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trailer and literally hand throw the material into
a hole and cover it up.
Q. Is this waste material you were
talking about?
A. Waste material.
Q. Would trucks be driving onto the site
with other drivers?
A. No/ not in the daytime. Like I say/
most of all of those trailers, I presume that Ray
hauled them in there at night to keep people from
noticing so much traffic. There wasn't a lot of
activity in the daytime.
Q. There were not waste trucks coming in
and dumping waste during the day time?
A. No/ no.
Q. So at night would you notice that
there were trailers there all of a sudden?
A. Well, this is a large area. I mean,
we was demolishing this large building, so what
happened there through the day I didn't see because
John and I were both on this job, and then in the
evenings when we got in/ we would unload or empty
out any trailers.
Q. And these all had some sort of waste
materials on them?
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A. Well, I probably personally only
unloaded maybe a dozen trailers with John. I
personally only went and got, that I remember, one
load of material, and that was I believe Borden
Chemical up by Newark, Ohio someplace. I got that
on a drop deck truck, you know, low boy, low
platform truck.
Q. Okay. When you mention the dozen
trailers or so that you unloaded with John, what
was the waste in on these trailers?i
A. Okay. The trailers I most -- You
know, this has been 20 years ago. We almost got
killed on this one trailer, and that was a deep pit
that he dug and it was muddy, and we had the
trailer, we backed it up to this pit, and it was
too far back in the pit. We couldn't get out of
the trailer hardly, and it was muddy, and the old
man took a bull dozer and helped pull the truck up
so we could get in and out of the trailer easier.
About 5 minutes, maybe 20 minutes into the middle
of this trailer, this pit explodes, and we
literally would have got burned up in the trailer.
This was material that was in the
large, I'm going to say, 50 paper barrels that had
like speedy dry or sawdust around it to cushion it,
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A. Yeah.
Q. Where would that go, that rinse
water?
A. You know, I should remember, but I
presume they was took up to the dump, I guess the
dump or lagoon, because there wouldn't be but a
hundred or some gallons.
Q. That would be collected, that water?
A. Yeah, wouldn't be too much.
Q. Was there names on those tankers
trucks like Chem-Dyne?
A. No. I presume them to have been
Chem-Dyne's trailers, and I presume the chemical
was hauled in by tank railroad cars. You know, I'm
just presuming this because Chem-Dyne at that time
didn't have -- didn't seem like these trailers were
good enough to run over the road or whatever. I
mean, that's what I remember about them.
Q. Okay. Would you tell us about the
incident that occurred in April, '76 when EPA came
out --
A. Was that the lagoon?
Q. -- to the site? Yes.
A. Was that the day that a dozen police
cars were there? Then I remember it.
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Q. It was in April of '76, and the EPA
and I believe the Ohio EPA came out to the site and
various --
A. I was in some of the newspaper
clippings because people showed my picture in it/
so I was there, yeah.
Q. Can you briefly explain what happened
at that time from your perspective?
A. They came in and looked over the
place.
Q. Do you know why they came?
A. I presume they had a reason to be
there.
Q. You're not sure what it was, though?
A. No.
Q. Okay.
A. I mean, I don't know what they
claimed to be a reason for them to be there, you
know. It was my job to keep most of the people out
of there, which I did; but when they came, I think
there was 9 or 10 or 11 police cars, and I don't
know if this guy's name is around, somebody said
that I was a professional instigator. I'm not.
I'm just large, and I'm very good at
doing what I do. If you hire me to keep people out
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of this room, they'll probably be out of this
room. I don't have to physically do it. I can
intimidate people or I can aggravate them so bad
they'll leave, you know.
Q. Whose directions were you following?
A. Well, John, you know.
Q. He said -- What did he say to you
when the police and everyone came?
A. Well, I don't know what he was doing,
but he said don't let anybody in here. So I was
there, this was probably the night before, prior to
that, I don't know who it was, one of the major
network's news people came down in a large car and
started asking questions, and I said, you know,
this is not the time or place, you people have to
leave. And a man started to get out, and I put my
hand on the door, and I said don't do this, you'll
have to leave, and at that time they left, you
know. I don't know who it was.
Q. Okay. Did the Skinners know that the
EPA was — or the EPA people and the police are you
saying?
A. Yeah, they wouldn't have came in
there by themselves for fear of their lives.
Q. The EPA people, you mean?
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A. Anybody that was not invited by the
Skinners did not come on that property. That's why
all of the police were there for escort.
Q. It's" my understanding there was an
initial trip out to the site by some EPA people.
A. Well, they probably got thrown out,
you know. I'm saying that's why they came back,
you know.
Q. In the interim before you said all
the police cars and all these people came back out,
what activities took place at the site?
A. Well, they walked around, and there
was like a few trailers that had -- I remember one
instance there was a trailer with a license plate
on it. They was looking one way, and I just walked
around and took the license plate off the trailer.
I just pulled bolts and all. I just gave it a
pull/ and I folded the license plate up and put it
in my pocket. So seemed like at that time nobody
wanted anybody to have any evidence as to who owned
the trailer. Whatever this, I presume Brown —
this is the name that I remember, that really,
really upset him, and in fact --
Q. Was this an EPA person?
A. This is one of the EPA major people,
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whoever was in charge. He hit me on my shoulder
like you would, well, if you're a friend of
someone, you might have the habit of touching
someone's shoulder; if you would want to hurt them,
you might want to hit them a little bit harder, and
if you would like to hurt them but afraid to hurt
them, this is the way the man hit me.
And I just grinned because at that
time I realized I had him. He was shot. Whatever
he was Iqoking at, he was so mad at me for -- he's
the one that said that I was a professional
instigator, and I was merely doing my job, you
know. Of course, I went down and filed a police
report, and, of course, that was lost, that was
never came up with.
Q. Did you and the Skinners around that
time do anything to cover up the lagoon?
A. I just said we did everything, we
covered up the lagoon.
me?
Q. Can you explain that part of it to
A. I think I did. I think I said there
was about 50 cars put in the lagoon, and barrels
with holes in them that I personally put holes in
the barrels, and John Bushelman's entire
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construction fleet. There was 15 to 20
bulldozers. I don't know what that cost the old
man, but this is Saturday and Sunday, if you hire a
construction company's entire, I mea'n everything.
Q. So the cars were thrown in at that
time, then?
A. Right.
Q. Okay, I didn't follow that. Is this
after the EPA people had come to the site?
•A. No, this was before. When they came
on the site, there was no lagoon. The only way
they knew there was a lagoon, they had an aerial
photograph of the incinerator. And there was a log
over top of that little creek, and here was a
lagoon. And at that time I said, well, there's no
lagoon there, you guys must have been someplace
else.
Q. But you guys had all covered it up?
A. Right.
Q. Why was Bushelman there?
A. He's the only body that had 15 to 20
bulldozers. This was a large undertaking, and it
was done in 2 days.
Q. What was Bushel-man, what kind of
outfit?
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A. Well, construction, and the old man
hired his company, you know, come here, clean this
lagoon off for me, bulldoze this dirt for me, and
that's what they did.
Q. Did Bushelman's people do the whole
job or were you personally involved in it as well?
A. I just repaired the one big
bulldozer, and I think John was running the big
one, and Ray was running the little one, and that's
how I was involved.
Q. Was John Bushelman himself out there;
do you recall?
A. Well, considering, probably, yeah. I
didn't talk to John out there, but this was an
immense undertaking, you know. I'm going to say
again, when you hire every piece of equipment a man
has, yeah, he was there. His fuel trucks were
there and everything.
Q. Did Bushelman or his company have any
other involvement with the site?
A. No.
Q. It was just that one time?
A. Right. He was just a contractor that
they hired to push dirt.
Q. Okay. I'm going to ask you about a
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98
that weighed hundreds of tons, and taking things
into or out of places where normal people couldn't
do that. We had the cranes and so forth.
Q. So there wasn't always waste
involved?
A. No. Also there was demolition work
and everything, just a lot of different things we
did.
Q. AT&T?
•A. NO.
Q. City of Blue Ash?
A. No.
Q. BP Oil?
A. No.
Q. Bushelman?
A. Well, Bushelman done the excavation,
some bulldozing up there at the lagoon.
Q. When you say excavation, did they --
A. Well, they didn't dig. They
bulldozed dirt into an area.
Q. Okay. Cincinnati Drum Service?
A. No.
Q. Continental Mineral Processing?
A. No.
Q. Gene Crow Equipment?
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Skinner Site WorkerInterview Excerpts
CONFIDENTIAL INVESTIGATIVEMEMORANDUM
Interview, .
On April 1, 1993, i ., was contacted and advised that Orion Management
International (OMI) had been retained to reconstruct the eventsand use of an area known as the Skinner Landfill.
The name of '. : . was provided by _ - '_ •, and anadditional source, as an individual who would have informationregarding Chem-Dyne's dealings at the Skinner Landfill... did not feel that •. _ .. / would agree to be interviewed.[NOTE: This individual was later identified as " • . -' ].
', currently employed with . - -...- -. • _ ;7 ,advised that he initially met Otis Skinner while stripping coalin 1974. Otis Skinner hooked him up with John Skinner when
returned to the West Chester area in late 1974.
To the best of his knowledge, Otis Skinner currently resides in asuburb directly outside of Birmingham, Alabama. He started as adriver and mechanic for John Skinner, and they became bestfriends up until the day John died in 1981 or 1982.
The two of them worked side-by-side during this period of time.Between the years 1975 and 1976, Cheia-Dyne barrels were hauledinto the Skinner Landfill "around the clock". He personallyhauled approximately one dozen times from Chem-Dyne, as did JohnSkinner. But Ray Skinner hauled the majority of the loads intothe Skinner site.
He and John Skinner were working a demolition project forapproximately one and a half years during this period of time.Ray Skinner would go to Chem-Dyne at night and bring in severaltruck loads, approximately 80 barrels a truck. The three of themwould unload the trucks, and he and John Skinner would pour thecontents of the barrels into the lagoon or other holes dug at thesite. Ray Skinner would then return to Chem-Dyne to pick up morebarrels.
"This report prepared at the direction of counsel in anticipation of litigation.90
"This report prepared at the direction of counsel in anticipation of litigation.
CONFIDENTIAL INVESTIGATIVEMEMORANDUM
Interview, . _ _ . - • • _ _ ; (cont) :
stated that this was done virtually every night for twoyears. John Skinner's instructions were to "pick" the barrels,meaning taking a pick-axe and destroy the barrels as much aspossible, to not only allow the fluid to leak out, but to destroyany name or labels on the barrels.
He stated the barrels were then either disposed of directly atthe site, or within the lagoon located on the site. To hisknowledge, a great deal of the barrels contained anti-freeze, buthe was not sure where the anti-freeze came from.
He advised that the railroad (was not certain of the name) whichran behind Chem-Dyne in Hamilton, Ohio, also brought in barrelsto the Chem-Dyne storage facility, as well as in tankers whichcarried liquid. Ray Skinner would unload the liquid from therailroad cars into their own trucks, which was then driven to thesite and emptied into the lagoon.
related that 1975 and 1976 were good financial years forboth he and John Skinner, stating that John Skinner madeapproximately $100,000 that year hauling for Chem-Dyne.
He stated that the lagoon had a significant amount of oildeposited from Kennan Oil. He believed Kennan Oil was sold to aglass company, located near Cincinnati Gardens.
He recalled a great deal of creosote, a substance used topreserve railroad ties. He stated a good deal of old barrels thathe had placed pick holes in, contained this substance, which wasdeposited not only in the lagoon, but in holes at the landfill.He stated that he personally put thousands of empty barrels intothe lagoon.
Ludwick stated he was personally concerned with the substanceplaced just outside the perimeter of the landfill, which were two40-50 ton tanks containing phenol, described as "thick, gooeystuff".
"This report prepared at the direction of counsel in anticipation of litigation.91
"This report prepared at the direction of counsel in anticipation of litigation.
CONFIDENTIAL INVESTIGATIVEMEMORANDUM
Interview, - ^ •„-,_, (cont) :
: . explained an occurrence which was outlined in the Stateof Ohio Attorney General's suit against the Skinners in 1977. Theincident occurred approximately April, 1976, when the EPAtraveled to the site and attempted to examine the lagoon, as itwas believed Chem-Dyne was utilizing the lagoon as a dumpingground.
The EPA was not permitted on the site, and was told to come backin a matter of days. •-. o • stated that that weekend, prior tothe EPA's arrival, he, Ray Skinner, John Skinner, Albert Skinnerand approximately twenty-five of John Bushelman's men, operatedheavy machinery in an attempt to completely clean the landfill ofbarrels and completely bury the lagoon. He stated the lagoon tookapproximately three acres of dirt to cover. [NOTE: John Bushelmanoperates a construction firm and has been identified as a PRP].
Just prior to the EPA's arrival, when they were not permitted toinspect the landfill, John Skinner had placed a TD ThirtyInternational Bulldozer in front of the entrance to the dump,blocking any vehicles from entering it. He stated that all ofthis was done to avoid the EPA from identifying substances andbarrels in the lagoon and on the grounds itself.
. advised that John Skinner also worked with Frank Adams &Company, believed to now be out of business. He stated FrankAdams and John Skinner hauled liquid oxygen storage tanks fromthe Lindy Company in Chicago, Illinois. He also believed theyhauled for the National Cylinder and Gas Company in the Chicagoarea. These storage tanks were disposed of within the SkinnerLandfill.
The only three additional PRP's he could identify were O'RourkeWrecking, Dave Estes and John Bushelman, all of whom hauleddemolition debris rather extensively into the Skinner site.
• • •• stated that Ellis Smith hauled Chem-Dyne's materials intothe Clairmont County Landfill and a landfill in North Vernon,
"This report prepared at the direction of counsel in anticipation of litigation.93
"This report prepared at the direction of counsel in anticipation of litigation.
Skinner Site WorkerInterview Excerpts
CONFIDENTIAL INVESTIGATIVEMEMORANDUM
Interview. :
On March 10, 1993,, was contacted and advised that Orion Management
International (OMI) had been retained to reconstruct the eventsand use of an area known as the Skinner Landfill.
During interviews with Ray Skinner, the name of . : wasmentioned as an individual who may have information regardingPRPs utilizing the Skinner Landfill. [NOTE: Although Skinnerstated in his interview that he did not know wherelived, . ' trailer is located approximately 100 to 200 yardsfrom the entrance to the Skinner Landfill].
- " stated that he had been storing salvaged material andliving on the site since 1978, and pays Elsa Skinner-Morgan $300per month for the use of their area.
He advised that John and Ray Skinner were Albert's son from hisfirst marriage, and Ray and Maria are Elsa Skinner's children.
According to , Albert Skinner went into retirement in thelate 1970's, was moved into a rest home where he died in theearly to mid-1980's. John Skinner was killed prior to Albert'sdeath, and Albert was never advised of John's demise.
He stated that all money, contracts and decisions regarding thesite were made by Elsa Skinner, and John and Albert Skinnerprimarily worked the dump.
Miller advised that on numerous occasions, he observed tractortrailers with 30 yard "unmarked" containers on the Skinner site.He also recalled several "midnight runs" during the time JohnSkinner operated the site. He explained that John Skinner was avery intimidating man and : . . did not interfere.
"This report prepared at the direction of counsel in anticipation of litigation.53
"This report prepared at the direction of counsel in anticipation of litigation.
CONFIDENTIAL INVESTIGATIVEMEMORANDUM
Interview, 1
: • • •- stated that Albert Skinner did business with Queen CityRailroad in Sharonville, Ohio, and this entity utilized the site.He was not certain what they placed at the dump.
Newberry Railroad was a frequent user of the Skinner dump,depositing "thousands" of railroad ties into the site with theirown vehicles, he recalled were red in color.
John F. Bushelman Construction, located on Haulk Road,Sharonville, Ohio, dumped industrial brick, stone and wood intothe site for numerous years, as John Bushelman was a friend ofAlbert Skinner.
stated that Bushelman Construction worked in conjunctionwith MVM Sales and Service, who installed service stations. MVM,which is located next to John Bushelman Construction, hauledseveral gasoline storage tanks into the dump, but according toMiller, Ray Skinner hauled the storage tanks away from the dump.
MVM Sales and Service, located on Haulk Road, Sharonville, Ohio,builds, tears down and remodels gas stations, and works inconjunction with John Bushelman. He believed MVM Sales andService had done work for Shell Oil Company and Sunoco, andhauled their debris into the Skinner site. He was not certain howthey disposed of underground gasoline storage tanks. MVM Salesand Service hauled into the Skinner site at least once per week,since 1978 or 1979.Ed Batey was an individual hauler located on Western Row Road andRoute 42, Mason, Ohio. '• . : • stated that Ray and/or John Skinnerhauled demolition material for Batey into the site. Ed Batey andJohn Skinner were very good friends. He suggested that Ed Bateymay have additional information regarding the site.
There was a military base located in, what now is called, MicroCenter Mall in the Sharonville area. According to Miller, thisbase was torn down and the debris was hauled by Jim Gillis intothe Skinner dump.
"This report prepared at the direction of counsel in anticipation of litigation.59
"This report prepared at the direction of counsel in anticipation of litigation.
CONFIDENTIAL INVESTIGATIVEMEMORANDUM
Interview,
Dave Estes Construction Company contracted with Ray Skinner tohaul brush and construction debris into the site. He also statedthat Estes had his own dump trucks which also frequented thesite. Dave Estes is believed to be retired and the operation isnow run by his son.
Thomas/Sysco Foods in Evendale, Ohio, was renovated in the mid-1980 's, and " " believed John Bushelman Company hauled therenovation/construction debris, including everything frominsulation to concrete blocks, into the Skinner site.
He stated that Ray Skinner hauled the debris from the old postoffice, and new building, in West Chester, near the entrance tothe Skinner dump, into the landfill.
Acme Wrecking Company in Cincinnati, Ohio, hauled demolitiondebris in 30 to 40 yard dump trucks, on an average of once permonth into the site. He stated Acme Wrecking would not be in thesite for six months at a time, and then would show up four tofive times in one day over the next six months.
Coca-Cola in either Cincinnati or Hamilton, Ohio, utilized theSkinner site, depositing wood pallets and wood boxes that held 24bottles. They used their own tractor trailer trucks, which wouldhold approximately 60 yards. He recalled Coca-Cola in the dumpthe last three or four years that it was open, and estimated theyutilized it once every two months.
: stated the City of Deer Park, City of Silverton and theCity of Maderia hauled into the site during the 1950's and1960's. He identified a Mrs. Spalding as the owner of a haulingcompany that hauled for these cities, and believed Mr. Spaldingwas deceased.
"This report prepared at the direction of counsel in anticipation of litigation.60
"This report prepared at the direction of counsel in anticipation of litigation.
Maria Skinner RoyInterview Excerpts
CONFIDENTIAL INVESTIGATIVEMEMORANDUM
Interview, Maria Skinner Rov:
On April 2, 1993, Maria Skinner Roy (daughter of John and ElsaSkinner), P.O. Box 247, West Chester, Ohio 45071, was contactedand advised that Orion Management International (OMI) had beenretained to reconstruct the events and use of an area known asthe Skinner Landfill. Her physical location is near the entranceof the dump, located at 8740 Dayton-Cincinnati Road, WestChester, Ohio 45069 (513)777-9454.
Roy, who is 45 years of age, stated that she spent the majorityof her life on the Skinner property that surrounds the dump. Sherecalled her father first utilizing the site as a dump, when shewas a little girl during the 1950's.
During that time, Rumpke hauled a considerable amount of generalrefuse, boxes of clothes and sets of silverware into the site,with the refuse being the primarily debris.
She stated a paint company in Redding, Ohio, whose name she couldnot recall, hauled a great deal of empty barrels containing paintresidue, which were disposed of at the site.
She was under the impression that the U.S. Army had ', and possibly Kings Mill, making gun powder for the
military. As a child, she often recalled "someone important" fromthe Army at the site, dealing with her father on an extensivebasis. She was not certain what they dumped at the site, butstated there were numerous green cans, the size of gasolinecontainers full of oil, which were constantly at the site.
She stated that the Army utilized this site as a dump prior toher father conducting business there.
"This report prepared at the direction of counsel in anticipation of litigation.99
'This report prepared at the direction of counsel in anticipation of litigation.
CONFIDENTIAL INVESTIGATIVEMEMORANDUM
Interview, Maria Skinner Roy (cont):
She recalled underground gasoline storage tanks being hauled infrom SOHIO, now know as BP and the Shell Oil Company.
She identified a fast food restaurant known as Royal Castle,which is similar to White Castle's, as previously being locatedin the vicinity of the landfill. She stated there were tworestaurants in the area and the debris from the torn downbuildings was hauled into the landfill.
There was a large ice cream store, similar to the United DairyFarmer, which went out of business, and hauled a significantamount of syrup, pineapple and strawberry mix into the site.
John Bushelman Construction utilized the site from the 1960's,until one year before the dump was closed. To the best of herknowledge, Bushelman deposited demolition debris and blacktopdebris from doing work on the streets in Sharonville, Ohio.
She recalled seeing numerous engine parts with yellow sulphur anda white powder on them in the dump during the 1950's and 1960's,but she was not certain where they came from.
During the 1960's, she recalled Hallmark disposing figurines atthe site.
The Merrell Chemical Company, possibly in Reading, utilized thesite during the 1960's, and hauled barrels into the landfill. Shewas not certain what the contents of the barrels were, or if thiscompany is still in existence.
To her recollection, the majority of the barrels from any entitywere disposed of at the site during 1959 through 1969. Sherecalled a great deal of barrels being hauled into the site, themajority of the contents were emptied into the landfill, and thebarrels were taken back out for resale.
"This report prepared at the direction of counsel in anticipation of litigation.106
"This report prepared at the direction of counsel in anticipation of litigation.
Ray SkinnerInterview Excerpts
CONFIDENTIAL INVESTIGATIVEMEMORANDUM
Re-Interview, Ray Skinner:
On July 28, 1993, Ray Skinner was contacted and re-interviewed.Skinner indicated that he would speak only with this OMIrepresentative, as he no longer trusted anyone else havinganything to do with his site.
As previous reports reflect, Ray Skinner has denied anyknowledge of a connection between Chem-Dyne and the SkinnerSite. He has also denied knowledge of Chem-Dyne's operationsas a whole [SEE REPORT #2, PAGE 30 AND REPORT #3, PAGE 16] .
Previous reports also reflect an interview with '.... [SEE REPORT #2, PAGE 72] who stated that Ray Skinner
did runs from the Chem-Dyne site, picking up numerousbarrels, and disposing of them at the Skinner Site. :stated that Ray Skinner was also instrumental in coveringthe lagoon prior to the EPA's arrival in 1976.
Ray Skinner initially stated that he and his brother, John,loaded barrels from Chem-Dyne. Before he could tell where theywere taken, he recanted, stating that he could not recall whetherhe assisted in loading barrels or not.
He advised that he did "crane work" at Chem-Dyne, and also steamcleaned tankers at the Chem-Dyne site. He stated that the residueof which ran into the river behind Chem-Dyne.
He related that he and John Skinner went on one trip involvingpicking up tankers from Chem-Dyne and taking them to Seymour,Indiana, at a tank farm located on Route 52. The tankers weredisposed of at a private landfill in Indiana, but he could notrecall the name of the fill.
[NOTE: Previous reports indicated that on the Friday duringEaster weekend in 1976, the EPA attempted to examine thesite, the lagoon in particular. They were stopped by theSkinner family. When the EPA returned on the followingMonday, the lagoon had been completely covered].
"This report prepared at the direction of counsel in anticipation of litigation.
CONFIDENTIAL INVESTIGATIVEMEMORANDUM
Re-Interview, Ray Skinner (cont):
Skinner was asked who, besides himself, was involved in coveringup the lagoon in 1976. He identified ' ' _ , John Skinner,John Bushelman, and several of John Bushelman's men. He statedJohn Bushelman brought in several truckloads of demolitionmaterial, which was first placed into the lagoon, and latercovered with dirt.
The lagoon was also filled with ink from Levis Ink, as well as athick liquid substance utilized to soak railroad ties.
He advised that covering the lagoon took an entire day, with themen beginning at approximately 9 a.m. or 10 a.m., and having itcompletely covered by night fall.
During the previous interview with . [SEE REPORT#2, PAGE 72], he stated that there were two 40-ton tankers,filled with a white chemical substance, from MartinMarietta. These tankers were taken by ' and JohnSkinner from the Chem-Dyne site and buried in sand aroundthe parameter at the Skinner Site.
Skinner was asked about the tankers taken from Martin Marietta tothe Skinner Site, and if they were, in fact, buried on theproperty. He denied any knowledge of the tankers buried at thesite, but added that if there were, would have fullknowledge of their whereabouts.
He stated that . ••• and Junior Robertson had fullknowledge of John ?vinner's involvement with Chem-Dyne, as theytoo were associated with hauling from Chem-Dyne.
Skinner suggested that he may be able to get . . • totalk with OMI's representative, and offered to be present duringthe conversation. He stated that may be more willing totalk if he were offered "immunity".
"This report prepared at the direction of counsel in anticipation of litigation.
CONFIDENTIAL INVESTIGATIVEMEMORANDUM
Re-Interview, Ray Skinner (cont):
'• - - •" also stated in his previous interview [SEE REPORT#2, PAGE 72] that during the "Chem-Dyne Era", he, and Johnand Ray Skinner made a great deal of money hauling for Chem-Dyne. He added that Ray Skinner had purchased a new Lincolnand John Skinner had purchased a white El Dorado during themid to late 1970's.
It should be noted that both of these vehicles are still onthe Skinner Site. Ray had advised that his Lincoln was a1967 to 1968 model, which he purchased while working at therailroad. This vehicle appears to be a 1975 to 1977 model.
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"This report prepared at the direction of counsel in anticipation of litigation.