CCP 03-28-1994 - Laserfiche WebLink

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. Oak Grove Trust Members March 22. 1994 Page 3 only contain contribution protection for past costs. DOl has indicated that it will not provide these parties with a covenant not to sue for natural resource damages. The Trust will presumably have to covenant not to sue these new parties under the tenns of this Consent Decree. During the December 30 meeting, Litigation Counsel and Common Counsel also provided EPA with the bottom line dollar amounts the Trust insisted upon receiving from these parties in any 3-way settlement. EPA and 001 later detennined the amount they would demand from each of these parties. and on February 18. 1994 DOl sent letters to each of these parties which included a dollar demand for a global settlement. Enclosed as Exhibit D is a copy of one such demand. The dollar amounts, demanded were different for each party depending upon the contribution of waste volume and toxicity to the Site. whether the party had received a Unilateral Order. and whether the party qualified for financial hardship. The United States' discussions with these parties continues. but will end in early April. The United States believes that it will have to file suit against most. if not all. of these parties. , IV. EGAN F AMIL Y TRUST USE OF THE BORROW AREA. - - - .~. -- The Egan Family Trust owns a barn immediately north of the Oak Grove Site. and . owns the property to the east of the borrow area. The Egan Family Trust has indicated that it would like to start a cattle operation. but that it needs access between the barn and the eastern - parcel over the borrow area. The Egan Family Trust wants the Trust to pay for these improvements. After preliminary unfruitful discussions with the Trust. the Egan Family Trust sent the letter enclosed as Exhibit E to EP A requesting improvements to the borrow area. Enclosed as Ex.hibit F is the Trust's response. and Exhibit G is the Egan Family Trust response to the Trust's response. Finally. enclosed as Exhibit H is a copy of the Egan Family Trust's correspondence to U.S. EPA regarding its plans for access across the borrow area. In January. the Trust. EPA. and the Egan Family Trust had a conference call to discuss the Egan Family Trust's proposal to put an access road across the borrow area. EP A and the Trust offered no objections to the Egan Family Trust access road plans. provided that the proposed access road was properly engineered to not impact stonnwater runoff or the sedimentation basin in the borrow area. Both EP A and the Trust requested detailed engineering plans on the access road. but to date no such plans have been received. The Trust does not know whether the Egan Family Trust has decided not to proceed with its plans. or whether the plans are simply taking longer to develop, than had been anticipated. The Egan Family Trust has to date not followed through with its threat to sue the Trust . . 350122040059 3f22194 ~~--- -- ----------- ---- - --- - - ----- ---