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LAW OFFICES <br />HESSIAN, MCKASY & SODERBERG <br />PROFESSIONAL ASSOCIATION <br />Minneapolis • Saint Paul • Washington,D.C. <br />4700 IDS Center <br />80 South Eighth Street <br />Minneapolis, Minnesota 55402 -2228 <br />(612) 330 -3000 Facsimile 371 -0653 <br />April 25, 1997 <br />Ms. Kim Moore -Sykes <br />Saint Anthony Village <br />3301 Silver Lake Road <br />St. Anthony, MN 55418 -1699 <br />Dear Kim: <br />Joseph G. Maternowski <br />Lee A. Henderson <br />(612) 330 -3000 <br />The Schnitzer Group has authorized an assessment to Schnitzer Group members based <br />on the tiered assessment that has been discussed during past conference calls. As recommended <br />by the Allocation Committee, the assessments to Tiers 1 through 3 are $9,000, $6,000 and <br />$3,000, respectively. Schnitzer Group members participating in the April 24, 1997 telephone <br />conference call authorized the assessment. <br />Section 5.1 of the Schnitzer Iron and Metal MERLA Site Group Agreement provides that <br />all payments made by Schnitzer Group members shall be credited towards the members final <br />allocated cost or settlement. <br />The Schnitzer Group Trust Account balance is approximately $9,000. The approved <br />authorization provides that funds raised from this assessment be applied to the following tasks: <br />1.) payment of pending and future Common Counsel and Liesch invoices; 2.) preparation of a <br />complaint for a declaratory judgment action' seeking to forestall the Minnesota Pollution <br />Control Agency's de minimis settlement process (this task would include an additional effort to <br />work informally with the MPCA and the Attorney General's Office to delay that process until <br />at least June 1997); and 3.) initiation of an effort to identify additional potentially responsible <br />'The Complaint will not be filed without Schnitzer Group review and further authorization. <br />