Superfund: CERCLA Section 104(e) Information Requests - Superfund Recycling Equity Act - General Questions and Request for Copies of Documents
- Identify the person(s) answering these questions and requests for copies of documents on behalf of your company.
- For each Request, identify all persons consulted in the preparation of the answer.
- For each Request, identify all documents consulted, examined, or referred to in the preparation of the answer or that contain information responsive to the Request and provide true and accurate copies of all such documents.
- Describe in detail any agreement/contract your company has had with [insert the name of the facility operator]. In addition, identify any other company operating at the Site and describe in detail any arrangements your company has had with each company including the time period of your company’s involvement.
- Provide all business records pertaining to your company and [insert name of company at the Site]; or any other company operating at the Site, including:
- Copies of correspondence to and from these companies, including letters, memoranda (both internal and external);
- Copies of invoices, manifests, bills-of-lading, purchase orders, tickets, and any other documents pertaining to shipping, receiving, and transporting materials; and
- Copies of all business records pertaining to sale, transfer, delivery, disposal, of any hazardous substances, scrap materials, and/or recyclable materials to the Site.
If you are unable to provide any or all of these documents, explain why, and what you did to find them.
- If you have reason to believe that someone could provide a more detailed or complete response to any of these questions or requests for copies of documents, or if you have reason to believe that there could be someone who may be able to provide additional documents that would be responsive to these questions and requests for copies of documents, identify such person(s), identify the additional documents that they may have, and describe any information related to these questions that they may have.
- Provide details, including dates and materials involved of all on-Site spills or releases of hazardous materials of which you have knowledge and that occurred during the processing of recyclable materials containing hazardous substances at the Site.
- To the extent not identified in question 5, identify all transactions or
agreements for disposal in which your company gave, sold, transferred any
material or item, scrap materials, waste materials, pollutant, or contaminant,
including [insert specific items/materials] to the Site. In addition:
- State the dates on which each such person may have given, sold, transferred, or delivered such material.
- Describe the materials or items that may have been given, sold, transferred, or delivered, including type of material, chemical content, physical state, quantity by volume and weight, and other characteristics.
- Describe the nature, including the chemical content, characteristics, physical state (e.g., solid, liquid) and quantity (volume and weight) of all hazardous substances involved in each such arrangement.
- State whether any of the hazardous substances identified in subpart c. above exhibit any of the characteristics of a hazardous waste identified in 40 C.F.R. Section 261, Subpart C.
- What if any other materials did your company send to the Site (items/materials not covered in question 8 above)?
- Describe the purpose of each sale, transfer, or delivery of materials to the Site.
- Describe what was done to materials indicated in your response to questions 8 and 9, above, once they were brought to the Site including any further processing of the materials.
- Identify the person who sold, transferred, delivered, and selected the Site as the location at which materials were to be disposed or treated.
- Describe where the persons identified in your response to question 12, above, planned to have the materials involved in each agreement/contract disposed of and identify all documents mentioning these arrangements for disposal.
- Describe all efforts (i.e., site visits) taken by the persons identified in your response to question 12, above, to determine what would be done with the materials that may have been sold, transferred, or delivered after such materials had been sold, transferred, or delivered to the Site.
- For each sale, transfer, or delivery of materials to the Site, had any hazardous substances been added to the materials described in your response to questions 8 and 9, above? If so, by whom, the company responding to this Request or the operator? Why were these hazardous substances added to the materials?
- Describe the source of or the process that produced the materials described in your response to questions 8 and 9, above.
- Identify all individuals who currently have, or who previously had, responsibility for your company’s environmental matters (e.g., responsibility for the disposal, treatment, storage, recycling, or sale of your company’s wastes, scrap materials and/or recyclable materials). Hereafter, these individuals are referred to as environmental caretakers. For each environmental caretaker indicate the dates of the individual’s employment or contractual obligation (i.e., the dates indicating the length of the individual’s tenure(s)), the nature of the individual’s duties and responsibilities , and a description of the type of environmental information that the individual would know.
- If any of the transactions referred to in your response to questions 8 and 9 involved [insert the appropriate term, e.g, whether metals, paper, plastic, textile, electrical equipment, batteries, or all], answer all questions under the section headed [insert appropriate section title, e.g., “Questions and Requests for Documents Related to Scrap Metal”], below. Answer these questions separately for each person identified in response to question 8, reading “you” in each case as referring to the person who may have given, sold, transferred, or delivered the material or item containing any hazardous substance, pollutant, or contaminant, including [insert specific items/materials] to the Site. [Note: Regional staff should prepare parallel questions directing respondents to battery questions, paper/plastic/textile questions, and electrical questions, as appropriate. For example, if the material you are dealing with is scrap from an automobile or a whole scrap automobile, the respondent should be directed to answer questions contained in the scrap metal, scrap battery, and scrap
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