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Commissioner Peder A. Larson <br />April 15, 1997 <br />Page 4 <br />prepared by the MPCA's unbiased consultant, West Central Environmental Consultants, for on- <br />site capping. That amount was estimated as $295,500. Any additional costs should be home <br />by the University, the Hubbard group and the municipalities who will primarily benefit from the <br />redevelopment of the property. <br />We also suspect that the MPCA staff has an interest in pegging the clean up i;osi at the <br />highest possible number because it has negotiated an agreement with the University which <br />requires the MPCA to recover some of its own costs from the de minimis group, rather than the <br />University. Therefore, MPCA staff, to increase its own recoveries from the site, may be <br />inappropriately influenced to select a larger cost of cleanup because that will potentially generate <br />more dollars to pay MPCA costs. <br />The MPCA professes to have no interest in the Group process with the University and <br />does not intend to participate in any cost recovery actions brought by the University. The <br />MPCA ought not get involved in that process indirectly by making valuation judgments that <br />accommodate the developer rather than focus on public health and safety. <br />SUMMARY OF SCHNITZER SITE OPERATIONS <br />The Schnitzer Group has reviewed the Schnitzer business records maintained by the <br />MPCA. We have also interviewed a number of former employees who worked in the yard, in <br />the metals room and in the bookkeeping department. Our document review and interviews <br />revealed critical errors contained within the MPCA's assumptions about the handling of lead, <br />batteries and transformers at the site. To date, the Schnitzer Group's investigation has revealed <br />the following key findings about the Schnitzer operation: <br />1. Bulk shipments of batteries and other lead received at the Schnitzer facility were <br />transferred from trucks to the metals room inside the main building. Batteries and lead were <br />weighed and accumulated inside the building. The batteries and lead were sold to Schnitzer as <br />products. Schnitzer paid its customers and the receipts used by the MPCA to identify PRPs <br />document these transactions. The main building was located on the South Parcel and is not <br />subject to remediation under the recently- negotiated Response Order by Consent. <br />2. Schnitzer held the batteries in the warehouse which was locked each night. Other <br />valuable non - ferrous metals were also stored in the metals building. When sufficient quantities <br />of batteries and lead had accumulated, Schnitzer would sell loads and arrange for off -site <br />shipment via rail or truck. We have attached copies of invoices detailing off -site shipments of <br />over 400,000 pounds of whole batteries and lead during the 1977 to 1983 time period (the same <br />time period on which the MPCA bases its claims against the RP Group). The Schnitzer business <br />records contain other invoices documenting over a million pounds of off -site shipments of lead <br />N <br />