memo regarding a site inspection (letters of ...raymond harvey, head of the cjm construction...

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..... - J I':), } j (""" I NUS CORPORATION INTERNAL CORRESPONDENCE SUPERFUND DIVISION TO: Mark Brickel. DATI: April 26, 1984 FROM: C. D. Wilder COIIIII: Project File IUIJICT: Trip Report: Silresim Site Inspection TDD No. F Joti No. 0300.01 On Thursday, April 25, 1984, Charles Davis Wilder, NUS/FIT conducted a site inspection at the Silresim Site in Lowell, MA. The purpose of the site inspection was to monitor and participate in the installation of the clay cap covering on site, observe moisture and density of the clay material, monitor air quality, and obtain several samples for in house screening. Personnel present at the site included Tom Riley NUS/RMPO, and a foreman and machine operator from the subcontractors C. J. Mabardy (CJM). Weather was clear and sunny with a slight breeze from the northwest. Upon arrival at the site, I met with Tom Riley to discuss and review the work plan. It was then discovered that the operating personnel from CJM did not have the proper health and safety training to work on site as required in the contract. Scott :' Bennett from cn1 then arrived and proposed that since NUS would not except clay from other than the Mutrie Company of New Hampshire, with whom he did not want to deal with, that was going to close down the project under his direct orders. It was then that Mr .. C. J. Mabardy showed up. He claimed that NUS has not been very receptive to his organization due to the restrictions on health and safety training and specific clay materials, and that he was going to shut down the project. He then claimed that it was the responsibility of NUS to test and find specific clay needed for the job, not the responsibility of CJM. Mr. Bennett then advised us that there is no such clay around and that NUS should accept something less in quality. When approached by NUS on specific documentation in the contract of whose responsibility it was to test the clay and requirements for trained personnel, Mr. Mabardy threw the contract in the corner. He then claimed NUS was in breech of contract for not paying them and that we were to evacuate the trailer and take all articles belonging to NUS with us. He then instructed the foreman to change locks after we left. When told that we would move after a call from NUS Pittsburg he grabbed the phone and disconnected it saying there was to be no calls and for us to leave. He then reconnected the phone and made a call claiming he was going to get a local state official to help him. Mr. Mabardy said that ') I I I I :J>(J) 01-1 3:r 1-1::0 ZITI H(J) (J)I-I -13: ::0 ])() -I::J: 1-11'11 <3: 1'111-1 () ::Ol> mr () 0() ::00 0::0 "0 ' \

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Page 1: MEMO REGARDING A SITE INSPECTION (LETTERS OF ...Raymond Harvey, Head of the CJM Construction Division, showed up appro•tmately thirty minutes thereafter and reported that the project

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NUS CORPORATION INTERNAL CORRESPONDENCE SUPERFUND DIVISION

TO: Mark Brickel. DATI: April 26, 1984

FROM: C. D. Wilder COIIIII: Project File

IUIJICT: Trip Report: Silresim Site InspectionTDD No. F Joti No. 0300.01

On Thursday, April 25, 1984, Charles Davis Wilder, NUS/FITconducted a site inspection at the Silresim Site in Lowell, MA. The purpose of the site inspection was to monitor and participatein the installation of the clay cap covering on site, observe moisture and density of the clay material, monitor air quality,and obtain several samples for in house screening. Personnel present at the site included Tom Riley NUS/RMPO, and a foreman and machine operator from the subcontractors C. J. Mabardy (CJM). Weather was clear and sunny with a slight breeze from the northwest.

Upon arrival at the site, I met with Tom Riley to discuss and review the work plan. It was then discovered that the operatingpersonnel from CJM did not have the proper health and safety training to work on site as required in the contract. Scott :'Bennett fromcn1 then arrived and proposed that since NUS would not except clayfrom other than the Mutrie Company of New Hampshire, with whom he did not want to deal with, that h~ was going to close down the projectunder his direct orders. It was then that Mr .. C. J. Mabardy showed up. He claimed that NUS has not been very receptive to his organizationdue to the restrictions on health and safety training and specific claymaterials, and that he was going to shut down the project. He then claimed that it was the responsibility of NUS to test and find specific clay needed for the job, not the responsibility of CJM. Mr. Bennett then advised us that there is no such clay around and that NUS should accept something less in quality. When approached by NUS on specificdocumentation in the contract of whose responsibility it was to test the clay and requirements for trained personnel, Mr. Mabardy threw the contract in the corner. He then claimed NUS was in breech of contract for not paying them and that we were to evacuate the trailer and take all articles belonging to NUS with us. He then instructed the foreman to change ~he locks after we left. When told that we would move after ~eceiving a call from NUS Pittsburg he grabbed the phoneand disconnected it saying there was to be no calls and for us to leave. He then reconnected the phone and made a call claiming he was going to get a local state official to help him. Mr. Mabardy said that

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Page 2: MEMO REGARDING A SITE INSPECTION (LETTERS OF ...Raymond Harvey, Head of the CJM Construction Division, showed up appro•tmately thirty minutes thereafter and reported that the project

......./ Memo To: Mark Brickel April 26, 1984 - Page Two

NUS did not know- anything about construction work and that the requirements were to stringent. He then went on again about how it was NUS's responsibility to test the other proposed clay pitsand since NUS did not do that how does NUS know for certain the clay pits are not applicable. Mr. Mabardy and Mr. Bennett then left ·the site in a rage. Though no physical action happened, the potential was present and threating language was used by both Mr. Mabardy and Mr, Bennett towards the NUS employees. The responseby the NUS employees waa·to sit still and await furthe~ instructions f.,om Pittsburg.

Mr. Raymond Harvey, Head of the CJM Construction Division,showed up appro•tmately thirty minutes thereafter and reportedthat the project was still on and we were not to leave the site and that the locks would not be changed. I spent the rest of the day taking air monitoring readings as the weather got warmer.

CDW/cdw cc: Mark Brickel

Tom RileyRich Dinitto Pat Falvey·

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HEALTH AND SAFETY PLAN

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' ',· ' · ...:. ··.· ·r. Attached represents an example of a site safety plan ~- . ·.:> "<[;;;;. :_. ~.: ::· . ·~: .: : : ·:;;.'-Written and implemented . by Inland .Pollution Control, Inc.

-'; '-;J:!· '':.;'· ;. ' ' ··.. '::· . All 'employees have been or are involved in a continuous .::· .;. ~:! .-~< -:·:: · _, ·... _,~::,- :;·. training program .in the field of toxic waste handling, .: : : ~-r.1~ ::} : = · · ·.·. · . ... :. removal and transportation • . Inland Pollution Control, Inc.

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Attachment 1 Page 10 Item 4

PERSONNEL ASSIGNED

Joseph V. Polsinello Project Manager Health and Safety Representative Please see attached letters of recommendation

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Paul C. Connors .·· Project Manager Health and ·Safety Representative Please see attached letters of recommendation

·David J. Lustiber Health and Safety Representative Rigging, Demolition, Decontamination, Transportation

Gregory F. White Rigging, Demolition, Decontamination, Transportation

Roger Tavares Rigging, Demolition, Decontamination, Transportation

John Nihan Rigging, Demolition, Decontamination, Transportation

David Zito Decontamination, Transportation

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