CC WORKSESSION 05061997 - Laserfiche WebLink

Home Browse Search

Commissioner Peder A. Larson April 15, 1997 Page 9 "In all formal and informal negotiations, communications and proceedings and other dealings between any person and any member, employee or agent of the agency, it shall be the duty of each person and each member, employee or agent to act in good faith and with complete truthfulness, accuracy, disclosure and candor." (Emphasis added). Given the agency's knowledge of the limited nature of the PRP search and the deficiencies noted in this letter, it is totally inappropriate for the Agency to proceed with the de minimis settlement process. Although the Group completed only a preliminary review of the Schnitzer business records maintained by the MPCA, we found other major discrepancies in the naming of PRPs. These types of discrepancies fall into several different categories: Improperly Categorized De Minimis Parties. After review of the Schnitzer business records, the MPCA placed Unysis (formerly Sperry Univac) into the de minimis group. According to the list compiled by the MPCA, Unysis sent 1726 pounds of batteries to the Schnitzer Site. Our review of the Schnitzer records indicates that Unysis actually sent 4,789 pounds of batteries. (See attached Exhibit B). Under the MPCA's allocation formula, Unysis should be a member of the RP Group not the de minimis group. Although we have not yet completed a detailed record review, we suspect that other de minimis parties have also been improperly identified as well. Identified Parties Who Were Not Added to Either the RP Group or De Minimis Group. The MPCA found weight tickets indicating that a company named Gould sent at least 2,335 pounds of batteries to the Schnitzer Site. The MPCA concluded that because Gould did not appear in either the Minneapolis or St. Paul telephone directories, they could not be located and, therefore, should be dropped from the de minimis group. The level of inquiry was grossly inadequate. Gould's successor, GNB Battery Technologies, Inc., is a large, prominent company that deals with lead and batteries across the country. No effort appears to have been made to determine whether Gould and /or GNB Batteries supplied enough batteries to be a Group member. Given the MPCA's own admissions that the PRP process identification was mishandled, it is possible that numerous other companies that have been "released" from liability could be added to either the RP or de minimis groups. Parties Who Were Not Identified. During our review of the Schnitzer business records, we identified an invoice, dated July 6, 1982, from Root Equipment Supply located in Minneapolis, Minnesota. (See Exhibit Q. The invoice indicates that Root sent at least one transformer and other equipment that may have contained PCBs to the Schnitzer site. The checks paid register compiled by the MPCA indicates that Root Equipment may have had C1