..d-IN f. LVNQi~'.w~~.,...................... L; t lAYI IflO

,- (. l~

~l. FC'; ~~., ~'I'biiM ~ • Dul'kIn"- Jr ••

1fitora.y loJ' 'lAJ.AtLffac IAAfO&'d ,laoe II•..,dc. JIIIW Jen~623-514)

.,

C~240:itiXiUtlBJ

IUrfS N70If-tC· ,.),~

(

JOHN r LYNCHJ. S. C.

t.- 240.3 -9.9,'t7IUl:OA COURt' or .. JUSnC2IlUtC:DY DIV18JOIr ... uarsOll comrrrDOCiCItt 110. -

JU&A.Ic VA.LLIT emCOMC.tIII pubUooorporation. .

ftAlwrlrr. ~', -ft- gyu, ACtION

CAOCJIILa 'TD1. ClDalOU-TIOIror Aaal~, 'aLDlJIQ M:lIUQJ.1000 Iouth Pourt.b 'u••tHard.on, -.v ".ne)'.

CSISPIe\ lIT

110 OOqlOnUon. hav1nog .ita principal oftice In the City ot.... n, 'Oo\IAt)' Of ".u.. and 't.ate ot .WO .leney, .ar- ~.tl

... 1. ,ulAtUt u • body oorporate and politic. OJ'Nted•

• tate ot Mew ".ney.

2. .1dlltUt La .,.._te4 with tull pow.r and authority'•and .u ch&rved with the duty ~ prevent the pollution ot the..... ic tift%' aDd ita t.ributad ••• &Ad baa full power and au-

thority to a•• which aU. power. &Ad duU •• are defined,

~te4 aDd hIpoaed aDder the la~ of the State of • ..., Jeruy.

1

..

~.-

'.

= ;--.,· ... ; ..... 0 't'~~~

TIERRA-B-015617

. r .:

,

a••• t forth In the Aevb.d Statute. of 11.-.oJ.uoy, 1937. '1'iUe. . .

58, Chapter 14, .a .uppl_ented and "'nded.'\.

3. Plaintiff further ahowl! that pur.uant to the powwr.and authority "..ted 1n it, W'Ider and by v1rtue of tho .tatute

aforeaa14, the plAintiff. aet..1..n9W'Ider contract with certain

-anicipalitl •• withln the ..... le valley S~rai. eo..LI.ionor.'C

DbU'lct ••• def1Ae4 by 1IIv. eorutrucud a .ewr.VW .y.tUl and

other pollutin9 _tter. ln order to tr.o .ald dver and it. tri-buteri •• fro- pollution, and put •• id ayat •• lnto operation Onor about tho 2nd day of A\t9uat. 19:14, which .dd eyet •• of .ever-

a9· and dL.~.I· work. haG ev.r.been and atll1 i. ln operation,boL"9 operated by plalntlfr.

Undor e.rtaln or" tho provlalOhl or aald law. i .•., H.J.S.A

...... ,. Or otNir polhti.n9 _tter .ball 110 d~~r9.d direct-ly or WintO'tly. lnto tM "-ten or tho .... aio Riv.r at anypo1A~a.b .. an u. Gnat r..lh 1ft UMJ City or "teuon and thoIIOUth ot Nid 1'1"'1' at INWrk "y, or !nto the _tera ot any of"u. tr~1 .. ot aaid rb., _lab -.pty into it betww.n .aidpolAte, and tJM ao-i.. loMu _y .ntorce tho provldone of thbchapt.er cw.r aM throutbout aU .unleipaUti •• Which "y, or tho1Ababltanta ot ~iah .. y, directly. or lndirectly dLecharge .ow-a,. 01' otbu poll. tint _tter tAto N1d taoater.. ft_ eoc. ...don-an .. y LnatitUtA in t.heLr COrporate ......aueh civil .ction •••.Ial' .. de .. d "' .. ary or appropriate to ."toro. the proV,idonaof '\:hh aKtlo" •• nd th. 'uporlor COurt ... her.by ".atad withjVJ.adLoUOA to .tOl"CW aaid Pl'ovi.e1ou by auch .ctloM brought~ the o-Udoneu. The COurt .. y procw.d in aueh actioM ina .-.zy ..nMr eN' ot1lervia.. Aa ... ndod L. 19U. o. 54, p.163, a. 32.·

and !n N.J.S~.·S8114-8, it Lo provided.

-110.---!Je, wote .. tter. arUcle or aabotance. liquid or ao11d,of "any k1ftd, Which ere_t .. odon, v.... or t..... duo to the pu-trefaction Of 0~1e _t~r or the pr ••• nce of cbemieala, orAaalta iA the preaenc:w of oil or Vr .... On the aurf.ce of thewatera of the ....... te Rivu. or ita tributarie., .hall be placedor dbc:barged. or be penaitted to be placed or ducha.rged. intothe vat.e.ra of &aid ri".r het:wHn the point. deaiqnated in aec-tieD 58:14-7 of this title. or into ita uibatari ... 0 dedgnatedWboever. other than a .aidpal cozporation, after not 1e4l8·thanten days' DOr lIOn than .Lx -aDtlw· DOtice by the OOIIDiadoners,violates the providoDa of thia eee:tion shall be liable to a

TIERRA-B-015618

TIERRA-B-015619"

....~J£""~.__ "' " ,,_,, _. ~fW'

"A';"i!!!!!fc~...1ty o' OM b-'04 do11&n ....... ur .... pooalty of twnty-• . t1v. dl;)llara .. day for .. cla day the off.nae h contuuae4. tG be

.\Ied for an4 recovered by aM in the ftA8e ot the co..i.aaion.n."

...~

"...:

5. 2'be I18fendant. Crucible Steel Corporation of Alllerica •. I

.. intaiM an ~lWtry in the 1'GWn of IIarriaon. County of llud8on,

aM State of .., Joroey. Par ac.e tJ,," paat. and c:ontiDuug up

to th1I tiIM, with AU prw .. nt. Ln4icatLon ot ahee-nt thereof.

into tlM ..... J.e R.\~r be~n thca Or.. t ,.lh ln "tor-en ..nd

t:ba .cuth of ,aatd 1'1ver at llewal'k "y. thr0D9b .. O\Ilvert ownodby •• 14 Der.n4ant. ft••• id poUaUnq .. tod.l containa. Ulong

the _nnexo ..torooatd. and "nl oanU" ....to be 00 4....oharvod un-le•• tM--.dd Defendant. Cruol.bl. It. .. l OOrporaUon of -'-erica.

La enjoined and r .. t.l'alne4 by order on4 '\lCI9laont ot thh court.

6. ' All ot tho tOI'..,alh9' ba. oonat1'lute4 and now conati-

tute. pollution ot a vory •• r1.o\&Ooharaotor contrary t.o and in

. violation ot tho etatut. ator ... J.d.

WHlalFORI, Pl.intitt do.ancS. jY4Qaont onjoLnL"9 and ra-atza1nln9 the Der.ndant, Cruc~le Ic..el Corporation ot Amadea.

8.. 141"" *dca, 1000 aouth rourth Itr •• t. .fArr loon. II4ni' Janey.ita otfLoen, "venta ••• I'V.n~ and _plop .. trOllA aUowinq a

"'~-'CShcharve ,iDto u.. .... aie Aivet. ot any .. ttet or .ub.tanc:o.Uqu14 or 80114. prohibited N.J.&.A. 58.14-7 ..nd 58.14-8.

.0-~-., .-~;L;1.1J:~. ~Durkin# ~Attorney for Plaintiff

..

•

TIERRA-B-015620

. '.

'-"

::;,' III

..

. ....

•STA'l'E or IIEW JERSEYCOmr'l'Y or USEX VERIP'ICATION

Beyaour A. Lub.tJd.n, Mln4] of full a9 •• duly rotOrn'-

upon bt.. oath, depO••• and •• Y.'

1. 1 .. ~ O\1'et al\91ne&r tor the ,. .. &1c vall •.rS~rage Co..l.iloner. ancS'have been &0 ..ployed for apprQxl-

II •.

_tely fUt.en year •• next .e.-.diately pree-cUni. .\2. 1 bav. 1' .. 4 th. to'reqolngCOIlIplalnt an4 I alii

Seymour A. Lubotkln.Qatar Bni1noer

SWorn and .ub.crLbodbefore ... a aeotaryPublic, in and for theCoWlty of Ia.ex, Stateof ...... Jitney. on thla

/6- 4&yor~.u. uno.

:i l ~~'-

".

)

..... , .·.COUWti 07 asu

..

~ and .ubeQd~d before .. ,.'ltOtuy hbUc, in and for tMCoaAty of "aex, 'tat. ot Mew.tv.. y, Oil th1. 10th day ofA,pdl, 1170.

)f

..\:~~~,:' :.

~~tX':·1. I. h)'llOUr A. LubetJcin, _ the Chi.f &ogine.r for the

..... 10hUey ~hV- ea-i..iollU. and bay. been .0 -ploye4

. for a,pprox£.ately tifteeD )'NDt, DeJrt ~1ac:.ly preae41ng.

• 2. In II)' official capacity •• Oaiet BQviD .. r, I bavere-.. ,

,

ca1.ftd "-.-rou. nport.e tn. t:M a:.-1adon.r.' JU~r Iupeetor.

"POrtiD9 the dUaha.rva of probLhited _tter. J.nto th~ h •• de

River through •. culvert owned by the Defendant, Ct'lielble Steel

COrpontioa of "'-rtcia, aDd On"'anu.ry 16, lilO, and 8gdn on

r.bnauy ., 1970. Jay Oertified adl, I inetrlK'te4 the Detendant

to oea•• and deabt POl1ut.lnv,.' / '\ ..

3. ~ diaabarV-of the ca.pla1ned or .ttluont h bighly

,,~

_ .. ,. A1_~~~~

• .,.. ..r A. LubetJclnCIb ie t a1\9 ineer

"

"

"·'f ...'i '

"... It":· .... INIh] .. ; a"qIJSI)t .,1110 ~;IW IIY!OI

JNOdV:) T SinOl

TIERRA-B-015622

TIERRA-B-015623

~'.,

.•

.'I~ •..~.t'H.'- ..."'"':-",-: ~~",',('.

'.

i

-. :,~".:.£t>.\\~'{35 \970oe I~.~.

S'MQH,"DEHaTMAN • NooNAH, I co. IWalCI .-nteerMlWoUIC. No ~ 07'01.,, ea .....~~_ro" J).f.Ddnt_ .._. __ ._-

SUPERIOR CCURT OF NEW JERSIYCH.ucERY DIV!Sloet-HUDSON CClDNTr

DOCKET 110.;.:.C

." .r

purport ther';r., and for the extent to which the alUlledefine and·i oJ .. '1' :..

/...I .....

. . .''". '0

to the language'Qf aaid atabate.. £Xcept a. expre ..ly hUdn ad-aitted. Paragraph 2 .18 denied.

•J. An.w.ring paragraph 3, defendant atat •• that it

doe. not bave knowledge or intor_tion .uffidut -to form a be-L liof concerning the «allegation. therein contained, I'oapecting

plaintiff'. conatruction and oporatlon ot a .ewa,e ay.tem and

tb. circuaatanc •• _ndor Which ciVil ponaltie. are recOverable.are not applic.~le to thl. civil action. Which 1. an action to•.cur. an injunction.

no Paragraph nuab.r.' -...). l1.ron.I'Int .10n'.. th..t J t do•• now or\

ha. in the pe.t. di.ch.rged or .1Iow8d ihedi.chargo oC polluting.. toria! into tho P•••• le Rivor. It .amita thot it .. intain. an

neath tho .urt&co oC tho laneb upon Which it .. intdn. aAid in-du.try. thoro i., and tor .. ny yoar. ha. boen 0 drainage pipowhich ter~inate. and dJ.aehargo. into .old rivor. All othor alle-9atLona in .aid 'ara9taph not her.in axpr ••• ly .ontionod, aro de-...r'*,.

nied •.I

5. paragraph 6 .h donlod. II

AF'n RMTIV8 DSrps! I . "( )•said drainago pipe alluded to in 'aragraph 4 herein-

above alao runa and extond. benoath land. awned and uaed by othersabutting upon and alao noar and in the general area of the pre-

,mi •••• on Which defendant .. inta1n. ita .aid indu.try.

• Said•

11-'2 -

TIERRA-B-015625

I.

.,

dr.in.ge pipe 1. pert of •• torm ._v or atorm drain.ge .y.tem.

..

S.id .yat ... 1.0 include. numerous .anhol •• , .itu.t~ no~ only on

the pr_ia •• OC~".d by defendant but .180 upon aaid other lands

owned and uaed by othen. Surfac. vat.r 1. eol1.ct~ in aaid I

aanhole. ancS1. conducted into .aid drain.q_ pipe through lIIany

latval pipea connected thereto end, u1UIIUltely, cSiaaharged thore-

t~. into the ..... ~ IUver. Sdd lateral pipe. run .pd operate

not only. bene.th the preai.e. ocCNpedby defendant •• afonuid,

but ben•• th the l.nd. owned .nd u.ed by .. ny other.. Dofendant

contend. that it polluting .. teri.1 h•• been 01' i. being di.-

charged into •• id river through dr.in.g. pipo., •• p1aintifE 81-

lege., then tho dhchugo thereot h boinq cau.ad or .llowed by

othor u.or. ot •• id .tor. dr.inag. aYltpm and not by plaintiff.

\

Wehereby certity tha( tho toregoing p10ading was

.erved within the ti .. allowed by Rul. 4.6-1 ot tho Civil practico'..~.

Ru1•••

•

1:!

- 3 -

TIERRA-B-015626

··•·...tt·.

'."... lit •

. "•• a ar

' ..SYLVIABAROS, of tull a9-, being duly'

ftlDra aCCOrding to .18w lafOn bel' oath 4S~ ... and •• ya.

1. I ... aecretary in the la", oflices of

.t.:.n, beutaan " IIoonan, "'18., 11 eo-.rce 8tr .. t~ arewark, If.",

'. -.:,,"

2. On May 22, 1970, J .erved:. copy ofthe vithin Anawar upon 'Jt\OU8 a. Durkin, tlr ••• ttorney lor plllin-Uft. 24 kantotd Place, ....,ark. If.w Jeney, by enc1oa,tng aaid

a.id .n~elopa. wJth po_la9_ ther80n pro-paId, 1n tho United stat ••

• trI8QUUO MID IWOAH '10

BBrORBlIB 'Dill 22d DAY

0.. MY, 1970.

.~

•

•

TIERRA-B-015627

ERRA-B-015628

\.. r;.... EJ.:EO,.""

JUN 2~\9?O~. ~•'~'~::~'

'"....

..... '

SIMON. DENSTMAN a N~NAN" 'COMMERCE "'REETNIWARlC, No .J. 07102CZ01/ tez .Ieile •AnoANEV. ~OA Defendant

.'

,-,

\

PASSAIC VALLEY SEWERAGECOMMISSIONERS, a publiccorporation,

SUPERIOR COURT or' NEW JERSEYCiANCERY DIVISION-HUDSON COUN7¥

DOCKET NO. ;

C' C ,_Jf03-t?Plaintiff,

v.\ .'

CRUCIBLE STEEL CORPORA-TION OF AMERICA. SPALDINGWORKS, 1000 South Fourth 'Street, Harriaon, NewJar.ey,

CiVil Action

AFFIDAVIT

Defendant.

"a..~TE OF HEW JERSEY......CCX1B'l'Y OF HODSON

a a

"

ing ~o ~aw upop hie oath depo.es and says:

1: I, am Vice President of the Spaulding operatioof 'defencl~,nt, Crucible, Inc. I lUll the General Manager;of the

aaanufacturing ,plant operated by .ai~ defendant 1n Barrison, N. J.'. ". . , " ,.' ~, ' '. ", . ':-} .

I have held the mentioned office ,and job asai9',nalent With de.fendan

for a~pro'~telY '.ix month. ~r ~re. '!'he events' involved in the

HENRY F. O'SHAUGHNESSY, being dUly aworn, aecord-

", 1.1.1-

TIERRA-B-015629

above captioned ,civil action~curredduring this period. I I have

a B.-S,.degree in''aivil engineering and, prior to lily' emploYlllent,

with ·defendant, I had about 17 years ofaxperiance~in'the metal'

fabricating-industry, primarily 1n the management field.'

2. Defendant owns about 14 acres of land in Harri~

80n, NewJersey, on ..fhich it conducts a ateel rolling mill. 'lhese~

14 acres ~re part of a larger industrial complex containing about

60.acres oa which ~ny others operate various types of industrial,

manUfacturing and .ervice activities. I am informed ~at at one

tilll8 defendant owned the entire complex, and that, fro'Jatime to

time, it;..conveyed portions of the tract to others, until it was

left with the mentioned 14 acres.

J. At 'its ~arrison plant, defendant fabricates

sheet and coil steel into' various product. which m~et the parti~

\ . ,cular specifications of defendant's customers. Its manufacturingactiVity ilJ-t1ot conducted at or near the bank of the Passaic Ri~/ ~ver ~ . Separating the plant and the river i8 a roadway about 50

feet wide and an open area about 75 feet w~de.

4. On January 16, 1970, plaintiff gave written

notice to .defendant that a -polluting .. terial euch as oU- wa.,

being discharged from a box culvert locatedJ.t the bank of the••Pa••• ic River -in front- of defendant's Harrison plant.,

I5. this culvert is. the terminal point of a large

underground storm drain pipe or main. According to available .

maps, this main is 1275 feet long: it is B feet 6 inches in dia-

meter in aome places, and B feet B inches 1n diameter at other

.places. Only a relatively ahort portion of this main runs be-

neath.defendant'. 14 acre tract. Befo;e thi. main'reaches defen~

dant's"lands, it runs a considerable distance beneath lands in the

- 2 -1'-Or.)

..

,.

TIERRA-B-015630

- 3 -

complex formerly owned by defondant but presently owned an~ used

r,--

by others. Afte~ this main leaves defendant"s proper~ it runs..beneath ~e ~ve mentioned roadway and,bene~th the oper('areades-

, .cribed above, a total distance of about 125 feet before it ter-minatoa at ~e river •

. 6. T.hismain is part of a storm drainage system,which has been in IXiatence for ~ny 'years. It consists of about16,588 feet of underground pipe. It is designed to collect sur-face water and to discharge it into the pauaic River. Other com-ponents in the system are manholes into Which surface drai~ageruns, and laterals from the manholes which are connected to themain.,

7. .From the maps 'available ,it appears that the~eare 16 known laterals which run into this main. Four of these

...

laterals run to tho main from ln4nholes on tho 14 acre port!9n ofthe complex presently owned by defendant, 'a~d the other 12 run in-to'the main from points outside the proporty owned,by defendantand used by other occupants of the industrial complex. '

8. After defendant received tqe notice from plain-tiff dated January 16, 1970, I had a numbe~ of conversations withplaintiff's personnel. They descrtbed the -polluting material-referred to in their notice as a continuous flow of a fine oily

~substance that has 1:b" IRpearanse Of , " ne number 2 type fuel--or pulverized substanca..",Defendant haa not been furnished with ,- •any .pecific or mor~ accurate description of this substance,' Iwas .informed bY plaintiff-s ~st, Mr. Goldberg, that the sample...... ...,1:aken'by plaintiff at the outfall of the aliOve~mentioned main and·SUbmitted to him for analysis; did not contain aufficient quanti-..

TIERRA-B-015631

~. . ._~

.....:.

of this SUbstance to permit him to identify it.

" '

- 4 -

plaintiffI9. I am reasonably certain that the 8ubstance which\. " .'

claims i. running into the river from this main, is not" .

,any i~du8trial waat. ~ich is incidental to defendant', fabricat-ing act~l~ at the Harrison plant. That operation produces twokinds of induatrial waste: spent acid, both nitric acid and sUl-. ... . ~ .~Wic aci~ neither of which answers to the description of the·~llutrng 8ubstance- which plaintiff contends is being dischargedinto the river. The other waste product is rolling solution which

\

may have o.!!ycharact5i'~s but it does not r~semb.1:eeither fuelroil or mineral oil. Depending upon the proces8 employed, this

;olltpS '9~ion,' after use, is .either ~e-9r:en or pink in colorDefendant is not discharging either type of waste into the SUbjectdrainage system. The defendant does not use "fueloil in its

*'plant: it employs gas as heatin~ fuel.10. I am informed that from time to tillladuring . {

the summer months, defft,pdopt,as a dust abatement measure, has-- ....... -..;;;;,;;;,;;;;:,;;,;.,;;;;; .. iiiJ. -~

oil upon the ' round in its plant area. Ho~ever, r am alao informed that this practice has not been engagedin since the summer of 1969, and it certainly was not done during,-my entire tenure with defendant. '!'herefore, this practice, cer-taihly cannot account for the presence of an oily polluting sub-_tance at the outfall of the drainage main as late as January1970. If it should become necessary to employ dust abatementmeasures. in the-fublre, defendant will take precautions not tospread any substance used for this purpose in the area of drains.

11. When defendant received the abovementioned no-

~...',

tice from plaintiff in January 1970, I caused to be made a carefulsy.stemat~c review and examination of defendant's o~ation at its

TIERRA-B-015632

(a)

,Charles F. Guyon, Inc., which has 5 latexals

Harrison plant, with emphasis upon its method of handling po~siblco~ta&i.nants. As.a result of this examination and revie'llthe fol

( .

lowinq was disc~ered .and the indicated measures were taken:(a) It was discovered that some of defendant's ~

ployeas had been steam cleaning-mobile .quipme~t in the Vicinity~",.--;"''';;;';';';';;'';''''''''''ioiioiOi~ __.-;;;;,;;;,;;,;,,,;,;:~ __of 80me manholes. While it WAS not known that these manholes areconnected by lIleans~f laterals 1:0 the 'subject drainage -main, therbeing o~er drainage .ystems in the complex, this practice wasdi8continued to prevent any pos8ibility that oil, removed from th

equipment during the Cl.anin~ proces8, woul~ be Y{8h~d down themanholes and ultimately into this main.

'(b) ~ directed that tighter control be exercisedover,.pent acid discharge, notwithstanding that the claimed pol-$

lutant is not described as an acid.(c) It was discovered that 80me of defendant's em-

I \.ployees wera dumping waste oil into a pit which had previously•contained a fuel storage tank and this pit was near a surface.~drain. Although it Was not known that this drain connects to the-mentioneB drainage main, this oil dumping practice was stopped.

Cd) It was found that a pump employed in a hoodannealing.operation was discharging oil into a pit. !his dis-charge was ••aled off and the oil is now being collected in metal..drums.

12. !he following other occupants of the complexuse the SUbject drainage main through one or more laterals which

•connect ~ the main from the portions of the 'complex which theyoeeupy:

that z:un into the main.

TIERRA-B-015633

"

. ......'~ _ ..

'··•..l

.'

, "

,

(b) ~ele Bros. Trucking eo., Which uses 2 laterals.I

Azco Steel COmpany, Which has 1 lateral.(~(d)

• (e)has 1 lateral.

(f)13.

Gabest, Inc., which haa 1 lateral •Prince packaging Product., Inc., which alao

•.'

~.eph Supor Trucking Co., which bas 2 laterals.It may well be that in addition ,to the 4 con-

necting lateral. on defendant's lands and the 12 laterals men-tioned in the preceding paragraph, there are additional l~erals

'which other occupants of the complex have constructed and connect ..ed to the SUbject drainage main. However, the 18 laterals speci-fically mentioned herein are the only ones shown on the mapsavailable to this defendant and the only ones known to the de fen-dant.

14. In a~di~ion \0 the spe~ific measures mentionedih paragraph 11, and since suit was instituted, Mr. Arthur Whinn,the Maintenance Superint,endent of defendant' s Harrison plant, in- ,stalled' filters in all of the knoWn laterals that run into thedrainage main. This was done in an effort to locate the sourceof any contaminants that IIlighthaye been reaching the main,~ereafter, and recently, defendan~ discovered a slight trace of

...an oily aubstance on one of the filters. This substance wastraced back $A a balement machine shop on defendant's premises,where defeMDnt fonDd that oil was dripping from a grinding ma-rchine and was :nter arently connected to the men-

tioned laton' up to this time, defendant had believed that this

, drain ran into a dry well storage area. Def~t,i& presently at,work diverting this oil dripping away from this drain and expectsto have this conditio~ correct~d in about a weak or less.

15. In addition, on May li, 1970, I met with re-

TIERRA-B-015634

- 7 -

presentatives of SOllie of the other occupants of the complex .whomake use of thia drainage system. At the time I explailled the' problem and recei~d' assurances from them that they will cooperate

•in preventing pollutants from entering the drainage system fromthe premises they occupy. I have receiVed like as~urances fromall but one of those other occupants who were not a~le to aend

IIIrepre~entatives to the "eeting. 'Th;..excepti'apWl:...PrincePack-,-aging Products, Inc. I was not able to contact this company andI am not certain that it is any 10nger actively engaged in busi-neas within the complex.

~6. I earnestly request that the court refrain'from entering a,~ndente lite injunction against the defendant.On 'the basis of the knowledge presently available to it, defendanthaa taken all atepa within ita power to bring about an end to the ,condition about which plaintiff complains. If that condition

\ .~ontinues despite defendantls efforts, it is because defendant,at present, does not know what is causing the condition. Detec-.tion of the cause is ex~remely difficult because up to the present,.time plaintiff has not collected a sufficient amount of the con-

Itaminant entering the river to permit its identification. If apendent~ lite injunction Were entered, defendant, at present,would not know what more it could do to comply with it. Defendantrequires additional time to continue its investigation to locatethe pause of the substance which plaintiff finds offensive. as-auming that iJ haa not already been found and corrected, or isnot a1re~dy in process of correction. It is proper in this con-nection to observe that no aerious harm or injury will be sus-tained if injunctive relief'is withheld at the present· time. ',From

, "

what haa been stated above, only minute quantities of the pollutin

TIERRA-B-015635

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..",.;.",'"..-. "~:. ,'I~ ~ ",

". '.....:-".

substance are being discharged into the river from the drainage

main•.

'\ .17. It has occurred to d. fendant that the claimed

condition 'may be halted if the sUbject drainage .ystem i. closed.However, X - informed that defendant has no legal right 'to takesuch action becau.e when defendant, from time to tim., conveyed

•portions' of ita land. to others in the complex, it conferred upon, I

them, by'way of ..... nts, the right to use this system for drai~-

age purpo.... Bqpally. important, if storm and 'surface waters werenot permitted to escape through this system, there WO~ldbe -danger

of,flooding not only on defendant'. pr.misea, but in other areas

of the complex served by the system. xt is to be expected 1:hat, ')-.

r •• ulting flood water. WDuldcontain con.iderable contaminants,

would run off into the river and would creato a danger of a much

gr.ater d~ree of 'll~tion than the .ma~l. amount'preaently'

pl~imed by plaintiff.

18. D.f.ndant a.. ures the Court that the present

Withholding of injunctive.relief W1l1 not result in any relaxa-

tion of ita .fforts to continue ita monitoring of the ,system and

it. effOrt. to locate and cODtrol or correct the source of the. ~ \ ,claimed pOllution, a•• uming that correction has not already been

effected or i. not in proc ••••

SuBsCRDED Arm SWORN'l'TO

.. BEFORE ME' mIS ~"i"" DAYor ~"~, 1970

NESS

lJotary ~l.iiUflfVr Jer •.ey•MOlAR' 'UIUC OF NIW IllSlT • j

"'~&""'''''''U.I'7J ...

- 8 -

./

TIERRA-B-015636

1\

TIERRA-B-01563T

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'.Barrison, County·of Hudson and State of Hew Jersey, complainingagainst the '.l'birrSparty Defendant.. saya that:

1. ~ird Party Plaintiff operate. a steel manufact-'\.

upon lanrSsowned by it in a portion of a large Indus-uring plant

trial complex in Harrison, Hudson County, Mew Jersey. Said com-plex,wh1ch contain. 1n axce.s of 60 acre. of land, i. commonlyknown and de.ignated ae 1000 So. 4th Street, Harri.on, .Hew Jersey ••2. Heretofore, '!'h1rdparty Plaintiff was the owner.Of ••ld6ntire induetrial cOlllplex. From time to time in the past,it con"'l'edto others portions of the land. and buildings compris-ing s.id complex until '!'h1rdParty Plaintiff was left with and now

.'retaina 14 acre. of land in said complex. The Third Party Defan-'.

dante occupy various portion. of. the complex thua conveyed by .'.l'birdParty Plaintiff, as the grantees of Third Party plaintiff,or a. the aUCcesaora in ~ntere.t of said granteea, or as the ten-ant of said grant.e. or their aocce.sora in intereat. The Third

\ .party.Defendants conduct in and upon satd lands thua conveyedvarious type. of manUfacturing, induatrial and service industries.

3. At pr••ent there j., and at all times in the past"terial hereto. there has been an underground storm drainagesystem which Ii.. beneath the lands retained and pre.ently ownedby"!'hird party Plaintiff, and the landa conveyed by '!'birdPartyPlaintiff to other., 'Which latter lands are preaently owned and/o

,occupied by the Third Party Defendante. Said storm drainage "sys-t...consbts of a long pipe Which aerve. a. a Icentral drainage..in and,Which ,apties into the pa••aie River. numerous manhol ••located on the premiae. of 'Jhird Party Plaintiff, and on the pre-mi.es of the Third Party Defendants, which collect Burface water.and a Dumber of underground lateral pipes whic:h run beneath the 'lands"of ~ird Party plaintiff and the premise. of the Third PartY

~/(). '

TIERRA-B-015639

'.

Defendante. and whie:hconvey water collec:~ in .. aid manhole. in-

to,.aid central ~aina9 ... in and ultimately into the Pa.~aie:

River."

. . 4. ' 2bird part¥ Pl,\intiff ha~ knowledge of 16 .~c1i.

lateral pipes. Four ,of .aid l~ter&la run beneath 2birCSpart!

'~.int1ffr •. land •• , Twelve of .aid lateral. 'run beneath" the land.

oweCSor occupied byII the ~ird Party Defendant.. . 'there may)~

additiQn~l lateral, which run ~eath·the'l.nd',owned or Oe:cupiedby, the ",'!'hird ~arty Defendants. but ''!'hires Party Plaintiffhaa no

., pre.ent knowledge'o~ their exi.tence or location.

,5. Pl.intif~. 'a •• aie: Valley Sewerage oOmmissioner~

ha•. filed a complaint against the 'l'hird Party Plaintiff in this

action which alleg.. that Third party Plaintiff h.. allowed and

b••. continued to-allow a, polluting .ub.t.nce to enter the Pas.aic

Ri~er.th%-ough.aid drainag. lDain. In ,aid complaint. plaintiff.\

'a .. &ie,.Valley Sewerage OOlllllliuionera, leeks a final judgment, .

which, if grMtect, would aDjoin Third Party Plaintiff from'allow-

iug,anY .•ub.tance ~ohibited by N.J.S.A. 58114-7 and .~J.S.A. 58:

14-:.8to enter.l.aiel river through ,.id central drainage main. A co y

o.f.... id.cOl!QJl.int i. annexed hereto. however. without intention on

th•.~part qf 2hird.puty Plaintiff to adopt all true the allegations

tW~f •.., ~vent .the emi .. ion of any polluting .ubstance into. the .P.ssait:

6. '!l'hircl Party Plaintiff has made efforts to pr.~-

River. through said central drainage ruin. As a result of such•

efforts. ''1'hird Party Plaintiff belides that it ill not responsible

fo~.uch· emiasion which plaintiff. pas.aic Valley Sewerage Commis-

aionera, allege. ·.till continues. ~irel Party plaintiff further.

belie~es that ':any alleged pol1~ting substance Cla\fed by plaintiff

- ": " • :" • :

\

pa ••aic Valley Sewerage Oo~ •• ionar., to be entering. the P~.saicRiver.frOlll the r.iv8r.outfall of .aid central drainage Ilain, maybe entering .a~ drainage system at a ~la~.or plapea 'o~ lands

•owned ~f oc~pied. by.one or,lllOreof the !bird party Defendanta.7.: In addition to a final jUd~t containing an

injunction. aa,.heninabove de.cribed" plaintift. pa~lIi.cValleySewerage CoIllll1a8iO"8J;S, ha. lIIBdeapplication to the Court in thisaction, for an injunction preventing the di.charge of pollutingmatarial. into the P•••• ic River pending entry of final jUdgmentin this action. Any injunction granted in thb action, wh~therfinal or pendente lite, will, or may limit, curtail,' prevent or.

, o~berwi.e affec~, the u.e of .aid entire .torm drainage.system.B. The Third Party Defendants have or may have' legal

right. in .aid atorm drainage .y.tem, and in the u.e thereof. wilicrights have or may have been derived from certain ea.ementa creat~

\ , .ed,in various.de.d. of conveyance, Wherein and whereby 1hird partyplaintiff conveyed to other. portiops of the herein de.cribed in-du.trial complex. or whi~h were created in various agreementa towhich .aaid .Third party Plaintiff wa. a party. Such rights. if anyue aubordinate to the dght of the pUblic that·no polluting sub-atance .~ould be discharged from .ai4 storm drainage aYstem into~.~passaic River ••

9. Any Order or JUdgment .ade in this civil ac1on, ..

pertaining to .aid central drainaqe system, will or may affect theaforementioned riqht.# if any, of the Third Party Defendants •

•Therefore, the Third party Defendant., are nec.seary and indiapen~aable partiea to this action.

WHEREFO~,Third Party Plaintiff d8lll~ds jUdgmentagai~.t the Third party Defen~ant8:

.. ltl'.J....r "

- 4 -

, .j '. I ~, "":: .J_,_.,,' c' ~.,". ~.::"';.:-,,-': .. , ':;·~"""""'~· •• j"'~."L..r,..,:,,,~~ "' .. ' -"\-'r'.-oJ .,.,... •• '.(~l.'.'"

TIERRA-B-015641

• ....... • .~ ,. 'II

-....... - .•

A. AdjUdging and declaring the r,ightll,if any, of!. ,...,; . 'Jblrd Party Defendant. in and to aaid central drainage .~stem •.

B.~Adjudging and declaringtha~ the rights of Third'arty Plaintiff and the rights, if any, -of the 'ltIirdParty defttn-

thereof, are .ubordinate to the right of plaintiff, Pasllaic ValleySewerage Commi •• ionl, and of the public, that no polluting .u~.tance .hould be discharged into the P••••ic River through said.to~ drainage .y.tam.

, ,C. AdjUdging .and declaring that any Order or JUdg-ment entered in this civil.etion end "de in the public interest,which may curta~ :limit, restrict, prevent or otherwise affectthe'uaa of .aid storm drainage .ystem, ahall be binding upOn theThird .arty Defendants and .hall not give rise to any cause of ac-. ~tion or claim in favor of the Third party Defendants against the

\

~ird Party plaintiff, for damage., eompenaation, or other reliefof any kind Whataoever in law or in equity.

D. Enjoining .and restraininq .ny 'ltIird,partyDefen-

\dant or ~ef.ndant. who may be causing or allOWing any polluting.ubstance to enter aai4 drainage system from .0 doing.

E. If it .hall be ordered Or adjudged herein that~~d drainage .yatem muat be closed, enjoining and restraining allof the ftlird Party Defendants from causing or allowingof any kind whatsoever to enter aaid drainage system.

F•. For costs of suit ••

SIJ«>N, DENSTMAN & NOONAN,Attorne~8 for Defendant andThird Party Plaintiff,

,Firm.

TIERRA-B-015642

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:

:,..CODNTrOP E SSE X '.

.,SYLVIA SAROS,of full age, beipg duly ~rn

aacording'to law, on bel' oath deposes and .ays:

1. I ... 'a .ecretaQ' in the law office. of

: .-..-...'..~ t

':.

,......

SilllOn, Denstlaan and Noonan, 11 Coanerce Street, Newark, NewJersey

-2. On July 8, 1970, I .. 11.d a copy of the\ ,within Batie. of Motion upon Thomas E. ~rkin. Jr. Esq., attorney

for plaintiff, ~ enclosing said copy in an envelope addressed to

..'/

','"

·.r .." .' ,.'..... ~' .."

.aid attorney at bis of;ice, 24 Branford Place, Newark, NewJersey

and by.depositing said envelope, 'with postage thereon prepaid, in,.~..~~ the United States mail at 11 ComIIlerceStreet. Newark, .~ Jersey.

~ ..

SUBSCRIBED AH'D SWORN '1'0....SPORE ME mIS 8th DAY

• OP 3OLY, 1970.:,. .....

~/-~JOANi. H:lLHARNota%)' Public o~ NewJerseyMy' CoIml. Expires Mar. 31. 1975.

SYLVIA BAROS

~.. ,:. . w. hereby certify that a clear carbon copy of ~e within Noticeof MoUon has been filed with the Chancery Division of the SuperioCoUrt in Hudson County.

, ....- ......

. ,.~-{ ........, ........ .

SIMON, J)DlS'!MP.N &'Il1OO~,Attorne for Defendant,Crucib e,

SAM DBNS'l'HAB,A ll8mber of the Firm.

TIERRA-B-015643

· .TIERRA-B-015644~·'.'1',.. )

..... ~:'.,".-::'

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,

1. I am employed at pre.ent by ~e defen-

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•SIMON. DENSTMAN 6 NOONANII COMMEItC£, ~£fNEW.....K. tI. J. 07102Clem-.a.2eHATTORNE'ra I"'OR CRU.c.I.lLaJl...,r"I....N:.:l~..!.!.....:- _

SUPERIOR CCX1RTOF NEW JERSEYaiANCBRY DIVISION-HUDSON COUNTY

DOCKft NO.

PASSAIC VALLEY SEWERAGECOMKISSIOHBRS, • publiccorporation, ..

Plaintiff, :",,,,,::

:•

AFFIDAVIT'

v. ..CRUC%JILE, INC., a New Jer-.ey corporation,

Civil ActionDefendant and ThirdParty plaintiff,v.

alARLIS F.. CVYON. INC.,et al,

!bird Party Defendants.

STATE or HEW JERSEY :: 8 d

a:JmlTr OF HUDSON.., ,

:

AR'IH1]RGINN, being duly sworn according

~ law, upon hi. oath depose. and aays:•

dant~ Crucible, Inc., as it ... intenanee superintendent. I have

,~,h.ld thi*a poa!tion with Crucible, Inc., for apprOXimately 3 year!'-:'):",' >, i , \'~';ari4"'for~about27 years prior to ~ present job assignment I have

TIERRA-B-015645

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involved in th~case, has bee~ largely done under my personal, •8upervision. In this connection I have worked closely with Mr.

0"

N , William Bradley.

CORRECTIVE WORK ON CRUCIBLE'S PREMISES.' 2. The pollution about whic;h plaitiff com-plains i8 a flow of fine oil which enters the Passaic River fromthe,outfall of a large underground drainage 8ystem in an indus-trial complex in Harrison, New Jersey. a part of which is Qwnedand occupied by mr employer. There have also been pccasional•~~iQDI5~f acid into .~'-i!Xe~ £;gm t~is drainage systemi

3. '1'0 abate the acid problem Crucible,Inc., on about December,lO, 1970, completed the installation.of

~from it. plant operations into this re.ervoir. There, spent acidi8 neutralized by mixing it with large quantities of water fromplant o~rations. I am i~fOrme4 ~at since the installation ofthis reservoirrmr"readiing8 Nofsamples of the effluent taken at theriver outfall of the drainage Bystem have bee~ satisfactory.

4. COamencing in about January 1970, thefollowing measures were taken by Crucible, Inc., to abate the flow...of oil ~o the river from Crucible's premises:

ea) 'lbe.,prohibition of steam cleaning ofequipment in the.. neighborhood of uohole. that might connect tothe drainage Bystem.

(b) tItleceS8a tiQn of dum in of wast'e "I"into a pit near a surface drain •• .. ec) 'lbe .ealing off of an o~l discharge

.. from a pump employed in cruCiblO" hood annealing operation •...•

(d)' ~ re-routing of a drain line fro~~

TIERRA-B-015646

,

6. Although crucible eliminated the emis-

roll-grinding operation away from a 8urface drain and i9to a hold-ing reservoir. '\.'

i:O .. : •• 5. As a re8ul t of thue measures, which .

enters the river through the drainage system from Crubilels pre-were completed by about the su~er of 1970, I believe that no oil

I

sion of oil from its own premises, thereafter samples of e~fluenttaken at the river outfail continued to contain, at times, visible

mises.

mE GUYON LATERAL NO.1

quantities of oil. As a result Mr. Bradley conducted an investi-gati~n in which I partic:i.pated.'in areas of the SUbject industrialcomplex, occupied by the Third Party Defendants. This investiga-tion revealed that oil was entering the central main of the drain-

\age system through a lateral pipe which h.s been identified aseuyon Lateral Bo. I in earlier proceedings had in this action.This lateral. a8 it is shown on a survey preViously exhibited tothe Court, joins the central drainage main about ISO feet west ofthe easterly boundary line of the industrial complex and extendsunderground in a generally southerly direction beneath the proper-..ty ~f the 7hird Party Defendant, Charles F. ~yon, Inc. .Other

~undexvround pipes running beneath the lands of Guyon and otherThird Party Defendants, tie in to this lateral. So far as we havebeen able to determine these. other ~1rd Party Defendants are

•I!:rris & Sons Steel Co~ny, Harrison Warehouse Comp~ny and ~Ribbon and carbon Manufaetnrlng 01:>. Inc.

7. We have 1n the past found oil at dif~ferent points in theBe connecting pipes.and fairly consistently

........ . . ,~'t the place Where the Guyon Ho. 1 lateral joins the central

drainage main.' Extensive efforts, detailed in Mr. BraeUeyls af-

·11.'1TIERRA-B-015647

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fidav1t, .were mad~by crucible to discover the Bource of:~isoil.. If the source' could be found it was thought that the oil •cODdition could have been eliminated at its Bource. However, theinvestigation detailed in Mr. Bradley's affidavit did not revealthe source.

B. After corrective ~ ••ure. as describedin Paragraph 4 above Were taken by crucible, the 801e remainingcause of oil pollution from within the industrial complex, to thebest of my knOWledge, .is the oil which has been Been

Because Crucible hadnot succeeded in locating the Bource of this oil, the only othermeans of abating it was to plug the Guyon No. 1 lateral at the

e ......

place where it joins the central drainage main.\

9. After a Jluillber~t prior efforts to do 8crucible installed a temporary plug in the Guyon No. I lateral onabout November 30, 1970. This temporary plug consisted essentiallof a hard'rubber baloon inflated to about a 20 inch diameter toWhich there is connected a ~OO foot tube with a stem valve at itsend to permit the air in the baloon t.obe removed. A temporaryrather than a permanent plug was used because Crucible d.aired to..determine Whether cloaing the Guyon No. 1 lateral would cause anyback-up of water or flooding in the complex.

10. ~ia plug remained in place until.Jan-•uary 7. 1971. While it was in place I saw no flooding in the com-plex; and received no reports of flooding from anyone there, not-Withstanding ~at during the first week in January 1971, therewaa, on .•everal occasions, heavy precipitation in the area in theform of rain and snow.

:' ".~.. . l:~~.",ne the temporary plug was in place,J .samplea of effluent taken at the river ou~fall of the drainageTIERRA-B-015648

L..-I believe that Mr. Bradley's analyses of these samples indicatesystem, which samples I have .een, were clear of visible oil and-:: i:'

,,... -

the aame finding. "'U8, the temporary closing of Guyon No.1-lateral, in conneclion with other corrective measures ~ompletedby Crucible, resulted in an acceptob1e effluent.

," .. 12. However, the temporary closing of thislateral is not the long term anawer to the oil problem. Tempor-ary plugs are relatively fragile and eventually break down~ OnJanuary', 1971, I was present When a representative of the.plain-tiff Commi8sioners took·a aample of the effluent. It appearedoily. Thereafter, and on the same day. I examined th~ Guyon No. I....... .lateral and obaerved that the temporary plus placed there on Novber 24, 1970, had loo.ened and t~t wate~ was being discharged in-to the central drainage main from this lateral. It was too darkinside the drainage mai~. the place Where I made my ~amination.to det~rmine whether this water wa. oily, but the water which was. .~.. (.'discharging into the river at this time, was oily.

13. What.18 required is the permanentclosure of the Guyon No. 1 lateral with a plug made of durable'iI,- ,

materials that will not loosen or disintegrate. Such a permanent• plug would not have a release device upon it, as the air release

device that was part of the temporary plug. orbissolution fallsahort of disco~aring what causes oil to enter the Guyon No. 1 la-

r.... . . .~ral and the elimination of that cause. Crucible has expended

• ~ • ,;. iI" ; • • •••

considerable time. effort and money attempting, Without Success.to discover the cause •. It can do nothing more except to installa permanent plug and it should be authorized to dQ ~o. If any

other occupants of the complex object to this course'ef action,~

the Court ought to direct them, .nd especially the~ird party

TIERRA-B-015649

:...

Defendants, ~yon, Barris, Harrison.Warehouse and Rose Ri~n andCarbon Manufacturing COmpany to locate and abatei:he cause them-' .selves within a limited time. Upon their failure to do 80, the. t ~.,Court ahould order permanent closure of i:helateral. Crucible- -.. , .

" IIwas Ijblli to elimina~e the emission of oil attribUtable to itsown operations because it has an intimate knowledge of i:hose.operations and it took i:hepains to effect correction. It doesnot have a like intimate knowledge of the operatiqns of other oc-

..cupants of the complex Which would permit it to go further• I .8u9gest to the Co~t that it ,is unfair to further tax the ener-giea, reao~rces and personnel of Crucible with the location of

"

the cause and clean-up of oil pollution that has its origin on

,the property of others.

CLEAN-UP OF RIVER BANK

14. Plaintiff contends that oil has.ae-cumulated from the bank of the river at and near the outfall ofi:hecentral drainage main and that this condition could be cor-rected. Representa~ives of Crucible and plaintiff have previous-ly discUssed methods of treating this a1tuation and it was sug-g,sted that the bank of the river in the mentioned area ahould be:.....covered in Bome manner with atones, san~, earth fill, or the like.Crucible undertook to investigate the feasibility and cost ofwork of this ~nd and ia agreeable tQ going forward with it pro-

1 •

vided that other Third party Defendants, inclUding the TOwn of

- B~~rison; ~ho make use of the central drainage system. should-, . ~ahare the cost. ...

'"

15. Crucible received oral. estimates from3 contractors for the described work. None of theae contractorswould present flat figure estimates. All of them insiated upon

TIERRA-B-015650

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proposed ~ spinell; would have been ~pproximately $44,000. Iwas not able to jUdge the approximate cost of the work on the.basis of the proposals made by the remaining 2 contractors.

16. Crucible has also d1ecussed with afourth contractor. Joseph Nesta & Sons, two differen~ alternative

\methods of treating the condition of the bank of the river. It.believes that either of these methods would be feasible. Nesta.uggest~d 1ining the bank with bags containing mixtures of sandand cem~nt. This mixture would solidify When wet, and after so-lidification,' a like covering of sand filt could be placed on the

\banks. Alternatively, Nesto proposed lining the bank with largestones and filling in this 1inin9 with sand and gravel. Eitherof these methods, according to Nesto, would cost approximately$29,000. A"written estimate has been requested of Nesto severaltimes but at present it has not ~en received. Nesto did not es-timate the time necessary to complete a project of this kind and

'iI.as best as I can judge, it would take 3 or more weeks, tide andweather permitting. It would not be feasible to commence thiswork until oil pollution from within the complex is permanently

•

abated. " There ~s no 8ense in lining the bank of the river, if,thereafter, oil'would come out of the drainage system and would.. 8 .be deposited on the"new covering materials. !bis means that apermanent correction of the condition found at the Guyon No. 1lateral.should be accomplished before work on the bank of theriver is undertaken.

17• ~e bank 0f the river and the land

TIERRA-B-015651

·: .'immediatelyadjacent to it, are owned by the 2hird p~ty D~fe~.dan.t~ Public Service Blectr ic & Gts COmpany. Before work on the

, .

: ' .: .;'

river hank ~~ go forward, it,will be necessary for Public ~erviceElectric & Gas COmpany to consent to such work and also to conlentto entry'upon its lands to perform that work. 'l'heconsent willhave to cover the bringing of heavy, equipmen~materia1s and per-..80nnel Upon the prope~ty of this ltIird party Defendant. If suchcOn8el)t is not forthcoming. the work on the bank of the river can-not'go forward.

.COSTS

18. In addition to the approximate $20,000verbal estimate quoted b¥ the Nesto COmpany, crucible has expendefor labor costs for ,ork perfqrmed by its own personnel, in con-nection with the subject pollution problem, as of December 28,1970, $4,251. ltIisexpense covers a total of 576 man hours de-voted by Crucible personnel, inclu~ing sppervisory labor, to theproject. 401 1/2 llIanhours were devoted by Crucible to work per~,formed on its own premises and 174 1/2 man hours were devoted towork performed on the premises of other complex occupants. Of th$4,251 in labor co*ts, Crucible has allocated $2,905.50 for workperformed on its own premises, and $1,345.50 to work performed onthe premises of other complex occupants. Annexed hereto, made apart hereof and marked Schedule A is a detailed breakdown of the...

i

has paid or OWes Mr. Bradley for his services, a total of $3,138. 'aforementioned labor charges. In addition. Crucible, during 1970,

Annexed hereto, made a part hereof and marked Schedule•

.19. Crucible requests that the COurt 8hou~

down of Mr. Bradley's charges •

require ..the other complex occupants to reimburse it for said$1,345...50 labor charge, and for a pro-rata share of',t:l;le$3,138..paid or owed ~. Mr. Bradley. In addition, crucible reque~ts

l[)a- 8 -

TIERRA-B-015652

SUBSCRIBED AND ~WORN '1'0 :-.,

BEFORE ME mIS a,s-74 DAY :

~~R~~

OF ~.u.~ 1911 :

5:@ ':Y.i;i../ : .,Notary ~illBLL~/ew Jersey.

NOTARY PUlL" Of HfW IIRSlYfl\rC.... Ml... la,u..M.'''-12. "13

~ ..

•

TIERRA-B-015653

.,

.",. ERRA-B-015654

•

1. I am an environmental health consult-

SUPERIOR OOUR'J" OF IIBW JERSEYalANCBRY DIVISION-HUDSON OO'DN'IY

DOCKET NO.•

PASSAIC' VALLEY SEWERAGBOO~SSIONERS, a pUbliccorporation.

..I

··Plaintiff,.. ··v.CRO'CIBLE~ INC •• III New Jer-sey corporation,. .

::I

I

I

I

Defendant and Third; " Party Plaintiff,v.QlARLES P. GUYON, INC.,'et al,

:

Third party Defen-dants.

I

:

Civil ActionAFFIDAVIT

STATE OF NEW JERSEY ": s s

COUNTY OF BERGEN

WILLIAM R. BRADLEY.' being duly sworn ac-cording to law, upon his' oath deposes and says:

ant. ~ professional qualifications were set forth in testimony,,:.- .....given by me in a COurt hearing' heretofore had in this case. '.Atthe request of Crucible, Inc., I have, since about'JUne 1910,

/ been engaged in efforts to locate the source of and to abate the•

pollution which is the sUbject matter of this action.

2. Among other things, my work involvedthe examination and analysis of samples of the effluent takenfrom .the SUbject drainage system at the place. where it.emptiesinto the Passaic River. and at different points in "that system

./.within the SUbject industtial .c:omplex•

•

TIERRA-B-015655

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3. samples were taken at points in thedrainage system~ithin cruci~le's premises and oil was found in

•two of these samples taken on July 15 and August'" 1970 •. This. . . ."111.;!~dicated that probably oil from within crucible's plant was en-t~p.ng the dUinage System. Steps 'were taken by Crucible to"eli-minate this oil and\fter August·" 1970, no oil.was found in the;.;~ !" !water .a~ples taken from the system at points within Crucible's, •• t ;. ~ •

property. To the best of my knowledge, no oil presently enters~,? ~rainage system, as a result of any operations CO~ducted byCrucible on its own property.

,4. Occasiona~ly, samples were taken at~e river ~utfall o~ t~e sys~em,h~d a PH analysis on the acidside. This condition WaB traced to Crucible's operations and step4escribed in Mr. Whinn's affidavit. were taken to correct this si-b· ( - . \. ~~~ua.t,ion.'!'hework of correction was completed in early DeceJllber: .~9JO, and since then, the PH analysis of samples has been good.. ':. .

5!->.One of t.hepoints checked in the system~~s the place Where the Guyon No. I lateral joins the main drain-~ge line. Oil was seen in water samples taken at this point onJuly 1 and'17, and August 12 and 21. 1970. Only 2 samples takenat this point during this period,on July 15 and July 27, 1970,

. ".....did not, on examination, contain oil. In addition, a fiberglass

,,"":

filter was kept in the Guyon No. 1 lateral between September 11arid '15, 1970. This filter collected an extremely heavy coneen-''!~.. ••

$iation of oil~: '.01ereafter,an inspection made on OCtober. 16,3:.9.?P~ at various points in the GUyon No. 1 lateral, and in otherpiP~8 coanected~to it, ~evealed the presence of oil and oil sludgein the lateral and in these pipes. On November 9, 1~70, another

.~ilter was placed in this lateral and again oil was collected upon

TIERRA-B-015656

9. Given the steps 'taken' by Crucible. to

• .on August.12, 1970, we found oil present in the river itself ,up-stream from the outfall of he system •

.mi••• 1 given the frequent pre.ence of oil in the Guyon No. 1later

' . .'. '..;.:':..-,' .......~-i~~.•.

prevent entry of.oil into the.drainage system from its own pre-

all given the ab8tpce of oil in river outfall .ampl.s while a tem-poraryplug in the Guyon No. I lateral was operative, given thereappearance c:£ oil at the outfall SUbsequent to the displacementof the temporary plug in the Guyon No. I lateral, a8 described inMr. Whinn's.affidavit, it is ~ opinion th4t at pre.ent, the oilfrom this lateral i. the only oil that enter. the river from with-in the complex.

10. Because it haa not been possible to,. . ~determine how oil enters the Guyon No. 1 lateral, I recommend that

\th~s lateral be clo.ed permanently. Bxperience with the temporary.plug suggeJts that closure will hot cauae flooding. Baaed upon

• I

all of the information ~vailable' to me, I believe that if this la-teral is closed, no more oil will enter the river frpm the complexand through the drainage system. I believe that thereafter the

• •only oil that will be encoantered will be oil in the Passaic Riverit••lf that is washed in and out of the moflth of the drainage main.'by~~e action of the tides. In this last connection I note that

• 11. I urge the Court to direct the per-.manent closing of the Guyon No.1 lateral.

SUBSCRIBED AND .SWO¥: '1'0BBPORE ME mIS ~ , DAYOF ~ 1971

.~~£..~;~ ~~bliC of.N. J.

..::

TIERRA-B-015657

)

TIERRA-B-015658

II

SIMON. DENSTMAN a NOONANII· COMMEftCr nRrET

"""EW~ No J. 0710aCIOII "2.21151ATTDRN£Y8 "OR CRUCIBLE, INC.

PASSAIC VALLEY SEWERAGECOMMISSIONERS, a pUbliccorporation,

Plaintlff,'YB.

CJtt1,CIBLE # IUC. #.... ".~... .. ....

Defendant :and '!bird Party

Plaintiff,va.

alARLES F. GUYON, IUC., :et al_,'l'hirdParty. Defendants.

"STATE OF NEW JERSEY :

c;ouB'1Y OF :ESSEX': 88.:

)J..'~.~-~ _"'II~"".. 'OJ"j~I~~') -\'~'~" .... 0 ).:0:1 ". 0') ...... )

~'

l /\"\'·i·~".~.\.N('\ 1'1~ 1.·~·".. ~I' •. .. .."-a .....

SUPERIOR RT OF N!.W JERSEY .CiAN'CERY DIVISION-Ht1DSOzt COUNTY~OCKET NO. C-2403-69

:

civil Action..

AFFIDAVIT

:

wn.LIAM R. BRADLEY, of full age, being duly sworn

..aec.ording to law upon his oath deposes and .aye:

1. I'i\aleethis Bffidavi t for use by the COurt on theMay 1~, 1971 continued hearing date in the above-entitled civil.ct~on. and in supplementation of my testimony and my affidavit

'".. .of Januaxy 26, 1971, previously giv~n and filed herein., I regret.J ~.,••

TIERRA-B-015659

aubstance. gradually will be washed out of the drainaqe svst~mTIERRA-B-015660

"

,5. Where an underground drainage system collects

\.that I will not be able to personally appear in.court on May 14.,1971. Except for May 23, 24 and 2?, 1971, I expect to be out ofthe country throughout May. 1971 •

.OIL2. Pursuant to an order made herein by the Court on

March 2, 1971, the Guyon No. 1 lateral was permanently closed onMarch 11,1971. This lateral had been previously identified, ,in

'~ January 26, 1971 affidaVit. a8 the then 801e source of oilentering the subject central drainage main from the industrialcomplex Which the main serves.

3. In my opinion, the closure of the Guyon No. Ilateral has resulted in the abateme~t of oil pollution from

•,inside the complex. Since that lateral was plugged, 'no visibleoil was .een entering the central main from any other lateral.While 80me oil, probably r••idual o~l, was visible at the river',

outfall of the main for e short time after the plug was inserted,none has been observed there recently.

4. On April 19 and 20, 1971. silt was observed enterinthe.liver from the outfall of the drainage main. I believe that .'tllb i. a favorable 8ign as far as abatement of oil pollution ',isconcerned.

surface water, as'doe. the system involved in this case, it willusually collect silt, .s well, from the surface of the ground

'-'.drained by the system. In the SUbject system, a probable.econdary 80urce of silt accumulation, is silt ca~riedinthe river

':,.:and deposited in the central main of the system by the ebb and.. '

.'. "

.... .

flow of the tide. Normally. this silt, which is not a polluting

• I

!

and into the ri~ by. the water that passes through the.system.This has not happened in the Past,BO far 'a8 the sUbject system

•i8 concerned, because the silt that has accumulated there wasapparently IIlixedwith .oil that bound it to the interior of thecentral main. ~e rlcently observed movement of the siltindicates not only that oil is not entering the central main, butalso, that silt which haa accumulated in the main has been or isin the process of being washed clean of oil. Before this move-Aent of silt was observed, it was anticipated that aceumulated.ilt in the drainage main, because it was infiltrated with oil,~uld have to be removed at SOme·very considerable expense.However, recent movement of the .ilt indicates that this costlycleaning.proce.s may not be necessary. I recommend that thecondition of the silt in the centr ..l main):Je kept under observa-

\

tion and that for the time being a jUdgment as to the necessityfor cleaning of the main be Withheld.

6. The clo.ure~of the GUyon No. I lateral has hadanother beneficial effect. The oil residue on the bank of theriver in the vicinity of the outf~~l of the central main hasdimini.hed tremendously. In places on the bank where earth and••tones were black with oil, I have observed brown mud and cleanatones. This has resulted because no additional oil has beendeposited on the bank and the action of the tides is cleaningaway the'oil th{t was there from before. I believe that the oil.r.~idue on the ~nk will waeh away with the action of the tide8.However. it may be necessary to add a coating o~ sand to the bankif the tides do not accomplish an appropriate clean-up of thebank within a reasonable time. I reCOlllllendthat the bank

'condition be kept under future observation and that a ,judgment as

TIERRA-B-015661

f •..

\.to the necessity for additional clean-up work there be withheldfor the present ~.

7. In~rDli~tently, sample. of, effluent taken from theI .

river outfall of the·.ystem, had been on the acid side (below. .the 5-6 PH range). Crucible sought to correct this condition byinstalling two baffles in the drainage main, which had the effectof creating two holding reservoirs, in which it was hO~d thatacid would be diluted with water, to the end that acceptablePH readings would be obtained. This was done in the early part

..8. Thereafter, water samples taken at the out~.ll had

the following PH analyses:DATE

ZH.December 16, 1910 6.228 6.2.January 6, 1971 '. 6.21 6.512 6.520 3.621 6.3February 4, 1971 5.19 3.6March 22, 1971 6.023 4.8 •April 5, 1971 3.2

7 6.6

•

9. As appears ~rom·the foregoing analyses, the bafflesy.stemg.enerally worked reasonably well for more tha~ a IlIOnth

:......af1;er·it was installed, but that more recently PH analyses have. \jJ

. .tf,.:,-"

...i

J..-' f-

Ic

, I:~1f!tt~i

; .

~ .

.. ,. """;., .J. •

,. '\. . '.-:;...:10 •. ~nsequently end because plaintiff ha. expressed

'. .~isaatiafaction,. % recommendeden entiralYDew.cid Deutralizatio

systea Lor CrUcible,.-a.at will involve -jn »lant- t:reatment of

.acid "ste and ultiute diach-':E'98'of treated effluent, Dot into :4 ..4 '.

'th,e river by way of 1:I1e.!olbject drainage syatem,-blt 'into.~ l.e_"' .... •

~iDtiff" •• anttary .ewer ·~ine. ~h system is •• cribed, and~ '~r·;,;7... -':" .,~,. .

• *hIe t:able for :its 1n.tallatioD, J.a i.ncluded in my ~etter of

April ~3, 1971 -to Mr. B. A. LubetJcin, 'Plaintiff'. chief engineer.;

A copy of my letter .i• .annexed hereto. tcr. Lubetkin h.. accepted

this proposed acidtr.a~nt .ystem.

~l. As of April 20, 1971, the follOWingb•• been done

1:0 £Urther the installation of the new .ystem,

(a) ~e design WOrlefor t:he .ystem i. practi'cally\

colDplete. ....

(b) 4Jhepre-treatment bnk is on hand, ready for

installation •

. Cc) ~e fiDal neutralization tank i. on hand.

~ia tank 1. approx1Mtely forty feet long and eight feet in dia

eter. -~ng other things it will have to be movedby crane to th •-t~·.'·.~

p1~~Of installation, and installed in the .ground, .in an excava-.! '1=~.:to ..... de 10r 'that purpo.e. Bids for 'thiB work have been

.i

)

~~ested.

piping are on order ena crucible expects to receive them 800n.

fe) Acqui.ition of PHmonitoring equipaent i8 in

p~ocess.

tQL2~WILLIAM R. BRADLBi• I

...

180·

..

..

TIERRA-B-015663

•

~ __ , __ L _ .. "........ .. ..... _.' .... ,

..:_-..~..... ' .

.. """lI

. "" ,....... - ", ",... --,."

CrUC!!JJ3 ~-. . "SD~UJ[Un!JOU9ration

- .",

,r.- ............. ~~~

._~--,~ .." ~-- -(:\~- ,.--,,-.1000 South rou:lh St•

Harrison. NJ 0702920114&5-5700

April 13, 1971

Mr. S. A. Lubetkin, ~hief EngineerPassaic Valley Sewerage Commissione~s

' . 790 Bro.ad Street..Newark. New Jersey 07102

Dear Mr. Lubetkin:

•Water Pollution Control ProgramCrucible - Harrison, New·Jersey ,

,As you know, we have been continuing our studies, in an effort to'cete and eliminate acid effluent from productlbn operations into

~he Passaic River. This status repor~ is to say that we have1oc.~ed what we believe to ~e all acid sources and have developed• program for el~in8tion of ".cid wastes into the river.. .For Some time our program of dilution of infrequent rinse water .;volumes that were acid in nature did not prove successful to thepoint that we felt it ~·fool proof." For example, not always were

rwe able to ~ontrol production operations on odd shifts. dumping or'sludging of the effluent, if you wil~, did not Occur. These'occasions were when line employees by-passed our dilution system-.and would discharge twenty-five or more gallons of fifteen percentacid directly into effluent channels. '

Now we have redesigned the effluent system from the operationsusing 8 weak acid bath for a part of metal tempering to the point

) thatwe.will have pre-neutralization. pH monitoring. pumping to£inal1meuCralizatlon, and through again pH monitoring before

discharae into the·sanitary sewer system at a point SpH or better.:rhis program "involves the follOWing that is now reported ~o you:

-,

, ,

"

;"

1IIl· :

TIERRA-B-015665

- .., - ~---'''------------------- ..._------~--.-..,,-..------

Io!;:. s. ,-A.o "LnbetkinjpvSC

..•t

-2-,

April 13. 1971...

~. :Pre-treatment Tank.This 335-gallon open pre-treatment tank 1s"l\ow.;o1\

• -~ band and is to be installed shortly. It will.~eceiveJ -~~.. ~;. . .rinse.water .effluent that· is -on the acid side :asi· .,~'i~=-1';;':-~-the central receiver. an4: this tank will be us ed for','t')- :';7:~'~, pre;'trcatment with sodium hydroxide solution~ , .djustedby pH monitoring •

""

:'"

'.,

'/

..'

..1{. 2. A SO-gallon stainless steel pump with motor, together

with necessary stainless ~teel piping, has been ordered.nd delivery is expected within fifteen days. in order~o accommodate the pre-neutralization facility.

-Running a pre-treatcent acid effluent line acrossproduction areas, in~olving SOme floor escavation,into 8 large capacity final neu~ralization tank. _

, !

i

.' .}~. s. A. LubetkinPVSC -3- April 13. 1971

•,This program has been reviewed by Crucible management and isaubmitted for your consideration.

WRBterl

cc: Mr. S. DenstmanMr. 3. DevaneyMr. H. F. O'Shaughnessy.Mr. R. H. LambornMr. A. WIltnn

•

...

•

, Respectfully submitted,. .)I' ,"'

'1" :AO .}.. /.; "l('•• if: .","I",,~/:/J.,.~~. R. Bradley :William R. Bradley and AssociatesTenafly, New Jersey

•

\\

"

•

".. : :. i-:

l~ .i,;i..jtI·i~tI '

·ft!·,I••I

.i",

~.. '

TIERRA-B-015667

·Coltec Industries@

Coltee Industries lne430 Park AvenueNew York, NY 10022-3597

John R. MayoAssistant General Counsel2121940-9639

October 25, 1996

Mr. Lance Richman, P.G.Emergency and Remedial Response

DivisionUnited States Environmental

Protection Agency290 Broadway, 19th FloorNew York, New York 10007-1866Re: Response to Request for Information Under 42 U.S.C.

9601, Diamond Alkali Superfund Site, Passaic RiverStudy Area

Dear Mr. Richman:Please accept this correspondence as the response of ColtecIndustries Inc ("Coltec") to the USEPA's request for informationpursuant to Section 104 of CERCLA pertaining to the Diamond AlkaliSuperfund Site, Passaic River Study Area (the "Site"). Enclosedalso please find the signed, notarized "Certi.ficationof Answers toRequest for Information." please note that in addition toconducting a search for relevant documents and i.nterviewing formeremployees of Crucible Steel that worked at this facility, I havespecifically requested that Crucible Materials Corporation ("CMC")conduct a similar investigation to determine if they haveresponsive information. (the corporate relationship betweenCrucible Steel, CMC and Coltec is addressed in response to question(I) below). As of the date of this letter, Coltec has not receiveda written response from CMC regarding the outcome of itsinvestigation for responsive information.In preparing these responses, interviews were conducted with:Charles Kurcina who was Vice President and General Manager of thefacility from December 1971 through May 1973 (current address:Pittsburgh, Pennsylvania - phone: (412) 643-4978) i Willard E.Soper, Jr. who was General Foreman of Heat Treat and held variousother positions from June 1954 through May 1973 (current address:104 Larned Road, Summit, New Jersey phone: (908) 277-4260.Additionally, contact was made with Alan Simon who was Manager,Technical Services at the facility from November 1948 through May1973. Since the initial contact with Mr. Simon Coltec has beenunable to reach Mr. Simon. A telephone interview will be scheduledand this response will be supplemented in the event that saidinterview reveals additional responsive information.

846200001

TIERRA-B-015668

Coltec responds to the information requests as follows:Question No.1 - This facility was operational in the early 1900'sand eventually operated under the name Crucible Steel. ColtIndustries lnc (now "Coltec") purchased Crucible Steel in 1968.This facility operated as one of the Crucible Steel Divisions ofColtec until this facility was closed in May of 1973. Coltec soldall interests in Crucible Steel to Crucible Materials Corporationin 1985.Question No. 2 (a) - No.

(b) - No.

Question No. 3Crucible Steelfollowing:

Of the materials listed in Question 3, theFacility at 1000 South Fourth Street used the

(a) Chromium: to the extent that it was a constituent in thesteel that was manufactured at the facility.

(b) Nickel: to the extent that it was a constituent in thesteel that was manufactured at the facility.

(c) Molten lead was used in quenching baths as part of thesteel manufacturing process.Based upon current knowledge, Crucible did not use any of the othermaterials listed in Question 3 at this facility.

Question No. 4 (a) - Molten lead was used in quenching baths aspart of the steel manufacturing process. Nickel and chromium wereconstituents of the steel (See 3{a) and (b) above).

(b) (i) See above.(ii) During the quenching process lead would

vaporize and as the vapors cooled lead oxide would be formed. Thelead oxide was disposed of as solid waste (plant trash) off-site.

(iii) Some of the steel would go through acidtreatment or pickling which would result in some dissolution ofchrome, iron and nickel. The amount of chrome. iron and nickelwhich dissolved during the acid treatment/pickling process wasminute in quantity. Following the acid treatment/pickling processthe steel was run through a water rinse phase. During the waterrinse phase small quantities of the chrome, iron and nickeldissolved during the acid treatment/pickling phase may have beenreleased into the rinse water. It is believed that the rinse waterwas periodically discharged to the sanitary sewer system. Up until

2

846200002

TIERRA-B-015669

approximately 1970 the rinsewater was discharged to the sanitarysewer with no neutralization. After approximately 1970 untilfacility closure the rinsewater was neutralized prior to discharge.The facility employees interviewed had no specific knowledgeregarding disposal of the liquids in the acid treatment/picklingbaths.

Question No. 5 -(a) Maintenance Department - Charley Menzo, Arthur Wynn (no

current addresses available for these employees) .(b) None recalled.(c) None recalled. However raw acids were stored in stainless

steel tanks at the facility.(i) None recalled (no drums)(ii) See (5) (c)(i) above.

(d) As indicated above, neutralization of rinse water wasstarted in approximately 1970, and continued until the facility wasclosed in May 1973.

Question No. 6 (a)(i) It is believed that the wastewater went to a

sanitary sewer system, but the Passaic River Commission raisedquestions in the late 1960's or in 1970 whether the discharge wentdirectly to the Passaic River. No records regarding theseallegations have been located.

(ii) Yes, after 1970 (See above).(iii) See above.(iv) None available.

(b)(i), (ii) See 6 (a)(il above.(c) (i) The employees interviewed have no recollection.

(ii)( (Hi) ( (iv) See (c)Ii) above.(d) No diagrams are available.(e) See above, no other information available. As indicated

above, the Passaic River Commission may have files responsive tothis question.

3

846200003

TIERRA-B-015670

Question No.7 (a) Unable to estimate, no records available.(b) Unknown.

Passaic Riverquestion.

(e) No records available. As indicated above, theCommission may have files responsive to this

Question No. a (a) No, none recalled.(b) None available.

Question No. 9 (a) No flooding is known to have occurred.

Question No. 10 - No available records. As indicated above, thePassaic River Commission may have files responsive to thisquestion.

Question No. 11 - No such documents have been located.

Question No. 12 (a) Mr. Soper recalls that some air sampling wasconducted, but no results are available. No other sampling isknown to have occurred.

Question No. 13 (a) - See introductory paragraph and response toquestion (i) above. Upon closure of the facility it was sold toSpiegel Trucking, Inc. of Harrison, New Jersey. This transactiontook place in March 1974. Documentation regarding this transactionhas just been received from off-site storage. This response willbe supplemented in the event that review of said documents revealsadditional responsive information.

Question No. 14 (a) Coltee Industries Inc{bl John W. Guffey, Jr.

President and Chairman of the BoardColtec Industries Ine3 Coliseum Centre2550 West Tyvola RoadCharlotte, NC 28217

(el Pennsylvania4

846200004

TIERRA-B-015671

- agent for service of process in Pennsylvania:

c/o CT Corporation System3 Gateway Center16th Floor - West WingPittsburgh, PA 15222

- agent for service of process in New Jersey:

The Corporation Trust CompanyBear Tavern RoadWest Trenton, NJ 08628

(d) Copy enclosed

(e) See attached list

(f) See item (el(g) See item (el

(h) See item (el

(i) Coltec Industries Inc is a public company listed on theNew York Stock Exchange

Question No. 15 - The following employee of Coltec answered this"Request for Information":

John R. MayoAssistant General CounselColtec Industries Inc430 Park AvenueNew York, New York 10022(212) 940-9639

The following employee of Coltec assisted in answering this"Request for Information":

Donald E. O'KeefeAssistant General CounselColtec Industries Inc430 Park AvenueNew York, New York 10022(212) 940-0573

As indicated above, Coltec is continuing its investigation intothis matter and will supplement its responses hereto as required byCERCLA.

5

846200005

TIERRA-B-015672

Please do not hesitate to call with any questions or commentsregarding the above.

JRM:vm

cc: Robert J. Tubbs, Esq.Christopher B. Sheehey, Esq.

6

846200006

TIERRA-B-015673

CERTIFIC~TION OF ANSWERS TO REOUEST FOR INFORMATION

State of New York

County of New.York

I certify under penalty of law that I have personally examinedand am familiar with the information submitted in this document(response to EPA Request for Information) and all documentssubmitted herewith, and that based on my inquiry of\thoseindividuals immediately responsible for Obtaining theinformation, I believe that the submitted information is true,accurate, and complete, and that all documents submitted herewithare complete and authentic unless otherwise indicated. I amaware that there are significant penalties for sUbmitting falseinformation, including the possibility of fine and imprisonment.I am also aware that my company is under a continuing obligationto supplement its response to EPA1s Request for Information ifany additional information relevant to the matters addressed inEPA's.Request for Information or the company's response theretoshould become known or available to the company.

_John R. MayoNAME (print or type)

Assistant General CounselTITLE (print or type)

Sworn to before me thi~ ;;.~.~day of ,,~ , 191-/.1-

~Mt~Notary Public ~

846200007

TIERRA-B-015674

Documents Responsive to Question 14

846200008

TIERRA-B-015675

846200009

TIERRA-B-015676

846200010

TIERRA-B-015677

846200011

TIERRA-B-015678

846200012

TIERRA-B-015679

846200013

TIERRA-B-015680

846200014

TIERRA-B-015681

846200015

TIERRA-B-015682

846200016

TIERRA-B-015683

TIERRA-B-015684

TIERRA-B-015685

846200019>1" _

TIERRA-B-015686

846200020

TIERRA-B-015687

,~-=.~ I

~

846200021

COM M 0 N W E A L THO F PEN N S Y L V A N I A

D E PAR T MEN T a F S TAT E

FEBRUARY 23. 1996

TO ALL WHOM THESE PRESENTS SHALL COME. GREETING:

COLTEC INDUSTRIES INC

I, Yvette Kane. Secretary of the Commonwealth of Pennsylvania dohereby certify that the foregoing and annexed is a true and correctphotocopy of Articles of Amendment restating the Articles of Incorporationin their entirety and all amendmentswhich appear of record in this department.

IN TESTIMONY WHEREOF. I havehereunto set my hand and causedthe Seal of the Secretary'sOffice to be affixed. the dayand year above written.

PHEG

II! iIi

I

I

II

TIERRA-B-015688

COLTEC INDUSTRIES IHe AND SUBSIDIARIES

RECORD OWNERS

State ofIncorporation

1. Coltec Industries Inc Pennsylvania

2. crI Holdings rnc Delaware

2.1 Coltec Canada Inc Delaware

2.1.1 Coltec AerospaceCanada Ltd

canada

2.1.1.1 Menasco-Krosno PolandLtd.

3. Coltec Industries International BarbadosInc.- 4. Delavan Inc Iowa

4.1 Delavan-Delta, Inc. Tennessee

4.2 Walbar Inc Delaware

5. Garlock Inc Ohio

5.l Garlock Bearings Inc Delaware

5.2 Garlock de Mexico, S.A. Mexicode C.V.

5.3 Garlock of Canada Ltd. Ontario, Canada

5.4 Garlock Overseas Corporation Delaware

5.4.1 Garlock International DelawareInc

-- *remaining 11% owned by Walbar Inc

Percentageof VotingSecurities

Owned

100

89*

100

73

100

100

100

100

100

80

65.7

100

100

100

9/96

846200022

TIERRA-B-015689

5.4.2 Stemco Truck Products Australia 100

- ' pty. Limited5.5 Garlock Pty. Limited Australia 80

5.6 Garlock S.A. Panama 100

5.7 Louis Mulas Sues, S.A. de Mexico 65.7C.V.

5.8 Stemco Inc Texas 100

5.9 The Anchor Packing Company Delaware 100

5.10 Coltec Industrial Products Delaware 100Inc

6. Garrison Litigation Management Rhode Island 100Group, Ltd

7. Coltec Technical Services lnc Delaware 100

.J 8. Apollo Insurance CompanyVermont 100

9. Salt Lick Railroad Company Pennsylvania 100

10. Coltec Holdings Inc. Delaware 100

1I. Menasco Aerosystems Inc Delaware 100

12. coltec (Great Britain) Limited United Kingdom 100

12.1 Delavan Limited United Kingdom 100

12.1.1 Delavan European united Kingdom 100Marketing Com-pany Limited

12.2 Garlock (Great Britain) United Kingdom 100Limited

12.3 Holley Automotive Group United Kingdom 100Limited

.,.;

9/96 846200023

TIERRA-B-015690

13. Holley Performance Products Inc Delaware 100.,14. Holley Automotive Inc Delaware 100

15. Farnam Sealing Systems Inc Delaware 100

16. Coltec Automotive Inc Delaware 100

17. Holley Automotive Systems GmbH Germany 100

17.1 Garlock GmbH Germany 100

17.1.1 Liard S.A. France 100

18. Coltec International Services Delaware 100Co.

19. Coltec Industries Pacific pte Singapore 100Ltd

9/96 846200024

TIERRA-B-015691

.. UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION 2290 BROADWAY

NEW YORK, NY 10007-1866

SEP 1 5 200.3

GENERAL NOTICE LETTERCERTIFIED MAIL-RETURN RECEIPT REQUESTED

John Guffey, PresidentColtee Industries, Inc.3 Coliseum Centre2550 West Tyvola RoadCharlotte, North Carolina 28217

RE: Diamond Alkali Superfund SiteNotice of Potential Liability forResponse Actions in the Lower Passaic River, New Jersey

Dear Mr. Guffey:

The United States Environmental Protection Agency ("EPA") is charged with responding to therelease and/or threatened release of hazardous substances, pollutants, and contaminants into theenvironment and with enforcement responsibilities under the Compn:hensive EnvironmentalResponse, Compensation, and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. §960 Iet~. Accordingly, EPA is seeking your cooperation in an innovative approach toenvironmental remediation and restoration activities for the Lower Passaic River.

EPA has documented the release or threatened release of hazardous substances, pollutants andcontaminants into the six-mile stretch of the river, known as the Passaic River Study Area, whichis part of the Diamond Alkali Superfund Site ("Site") located in Newark, New Jersey. Based onthe results of previous CERCLA remedial investigation activities and other environmentalstudies, including a recormaissance study of the Passaic River conducted by the United StatesArmy Corps of Engineers ("USACE"), EPA has further determined that contaminated sedimentsand other potential sources of hazardous substances exist along the entire 17-mile tidal reach ofthe Lower Passaic River. Thus, EP A has decided to expand the Study to include the areal extentof contamination to which hazardous substances from the six-mile stretch were transported; andthose sources from which hazardous substances outside the six-mile stretch have come to belocated within the expanded Study Area.

By this letter, EPA is notifying Coltee Industries, Inc. ("Coltee") of its potential liability relatingto the Site pursuant to Section 107(a) ofCERCLA, 42 V.S.C. §9607(a). Under CERCLA,potentially responsible parties ("PRPs") include current and past owners of a facility, as well aspersons who arranged for the disposal or treatment of hazardous substances at the Site, or thetransport of hazardous substances to the Site.

lntemet Address (URL) • http://www.epa.govRecycIedIRec~c"bl •• Printed with v.~.tabl. 011Baud Inluoon Reevelecl Pap;lr (MInimum 50% Poe\Co",UIIItI' C(NJ1ionU

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In recognition of our complementary roles, EPA has formed a partnership with USACE and theNew Jersey Department of Transportation-Office of Maritime Resources ("OMR") ["thegovernmental partnership"] to identitYand to address water quality improvement, remediation,and restoration opportunities in the 17-mile Lower Passaic River. This governmental partnershipis consistent with a national Memorandum of Understanding ("MOU") executed on July 2, 2002between EPA and USACE. This MOU calls for the two agencies to cooperate, whereappropriate, on envirorunental remediation apd restoration of degraded urban rivers and relatedresources. In agreeing to implement the MOU, the EPA and USACE will use their existingstatutory and regulatory authorities in a coordinated manner. These authorities for EPA includeCERCLA, the Clean Water Act, and the Resource Conservation and Recovery Act. TheUSACE's authority stems from the Water Resources Development Act ("WRDA"). WRDAallows for the use of some federal funds to pay for a portion of the USACE's approved projectsrelated to ecosystem restoration.

For the first phase of the Lower Passaic River Project, the governmental partners are proceedingwith an integrated five- to seven-year study to determine an appropriate remediation andrestoration plan for the river. The study will involve investigation of envirorunental impacts andpollution sources, as well as evaluation of alternative actions, leading to recommendations ofenvironmental remediation and restoration activities. This study is being conducted by EPAunder the authority of CERCLA and by USACE and OMR, as local sponsor, under WRDA.EPA, USACE, and OMR are coordinating with the New Jersey Department of EnvironmentalProtection and the Federal and State Natural Resource Trustee agencies. EPA, USACE, andOMR estimate that the study will cost approximately $20 million, with the WRDA and CERCLAshares being about $10 million each. EPA will be seeking its share of the costs of the study fromPRPs.

Based on information that EPA evaluated during the course of its investigation of the Site, EPAbelieves that hazardous substances were being released from the former Crucible Steel facilitylocated at 1000 South Fourth Street in Harrison, New Jersey, into the Lower Passaic River.Hazardous substances, pollutants and contaminants released from the facility into the riverpresent a risk to the environment and the humans who may ingest contaminated fish andshellfish. Therefore, Coltec may be potentially liable for response costs which the governmentmay incur relating to the study of the Lower Passaic River. In addition, responsible parties maybe required to pay damages for injury to, destruction of, or loss ofnat.ural resources, including thecost of assessing such damages.

Enclosed is a list of the other PRPs who have received Notice letters. This list represents EPA'sfindings on the identities ofPRPs to date. We are continuing efforts to locate additional PRPswho have released hazardous substances, directly or indirectly, into the Passaic River. Inclusionon, or exclusion from, the list does not constitute a final determination by EPA concerning theliability of any party for the release or threat of release of hazardous substances at the Site. Beadvised that notice of your potential liability at the Site is being forwllrded to all parties on thislist.

We request that you consider becoming a "cooperating party" for the Lower Passaic River

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Project. As a cooperating party, you, along with many other such parties, will be expected tofund EPA's share of the study costs. Upon completion of the study, it is expected that CERCLA .and WRDA processes will be used to identifYthe required remediation and restoration programs,as well as the assignment of remediation and restoration costs. At this time, the commitments ofthe cooperating parties will apply only to the study. For those who choose not to cooperate, EPAmay apply the CERCLA enforcement process, pursuant to Sections 106 (a) and 107(a) ofCERCLA, 42 U.S.C. §9606(a) and §9607(a) and other laws.

Pursuant to CERCLA Section 113(k), EPA must establish an administrative record that containsdocuments that form the basis of EPA's decision on the selection of a response action for a site.The administrative record files, which contain the documents related to the response actionselected for this Site are located at EPA's Region 2 office (290 Broadway, New York) on the ISIbfloor. You may call the Records Center at (212) 637~4308 to make an appointment to view theadministrative record for the Lower Passaic River Project.

EPA will be holding a meeting with all PRPs on October 29,2003 at 10:00 AM in ConferenceRoom 27A at the Region 2 office. At that meeting, EPA will provide information about theactions taken to date in the Lower Passaic River, as well as plans for future activities. After thepresentation, PRPs will be given the opportunity to caucus, and EPA will return to answer anyquestions that might be generated during the private session. Please be advised that due toincreased security measures, all visitors need to be registered with the security desk in the lobbyin order to gain entry to the office. In order to ensure a smooth arrival, you will need to provideEPA with a list of attendees no later than October 15,2003.

EPA recommends that the cooperating parties select a steering committee to represent thegroup's interest as soon as possible, since EPA expects a funding commitment for the financingof the CERCLA share of the $20 million study by mid-November 2003. Ifyou wish to discussthis further, please contact Ms. Alice Yeh, Remedial Project Manager, at (212) 637-4427 or Ms.Kedari Reddy, Assistant Regional Counsel, at (212) 637-3106. Please note that allcommunications from attorneys should be directed to Ms. Reddy.

Sincerely yours,

George Pavlou, DirectorEmergency and Remedial Response Division

Enclosure

cc: John R. Mayo, Esq.Coltee Industries, Inc

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PRPs in Receipt of Notice Letters:

PRP Legal Counsel

J. Roger Hirl Paul W. Herring, Esq.President and Chairman of the Board Andrews & Kurth L.L.P.Occidental Chemical Co. 1717 Main Street, Suite 3700Occidental Tower Dallas, Texas 752015005 LBJ FreewayDallas, Texas 75244

Joseph Gabriel Philip Sellinger, Esq.Vice President of Operations Sills Cummis Zuckerman360 North Pastoria Environmental Corp. One Riverfront Plaza1100 Ridgeway A venue Newark, NJ 07102Rochester, New York 14652-6280

Robert Ball, President Lawrence Salibra, Esq.Alcan Aluminum Corporation Alcan Aluminum Corporation100 Erieview Plaza, 29th Floor 6060 Parkland Blvd.Cleveland, Ohio 44114 Mayfield Hts., OR 44124

Mark Epstein, President Eric Aronson, Esq.Alden Leeds Inc. Whitman Breed Abbott & Morgan55 Jacobus Ave. One Gateway CenterKearny, New Jersey 07032 Newark, NJ 07102

Alan Bendelius, President Fredi L. Pearl mutter, Esq.Alliance Chemical, Inc. Cooper, Rose & English, LLPLinden Avenue 480 Morris AvenueRidgefield, New Jersey 07657 Summit, New Jersey 07901-1527

William Gentner, President A. Christian Worrell III, Esq.The Andrew Jergens Co. Head & Ritchey, LLP2535 Spring Grove Ave. 1900 Fifth Third CenterCincinnati, Ohio 45214 511 Walnut Street

Cincinnati, OR 45202

Gary Cappeline, President Stephen Leermakers, Esq.Ashland Specialty Chemical Co. Ashland Specialty Chemical Co.5200 Blazer Parkway 5200 Blazer ParkwayDublin, Ohio 43017 Dublin, OH 43017

Klaus Peter Loebbe, President Nan Bernardo, Esq. and Nancy Lake Martin,