Superfund: CERCLA Section 104(e) Information Request Questions - Transporters
- Identify all persons, including you, who may have transported materials to the Site. Such persons will be hereinafter be referred to as "Transporters".
- For each such Transporter, state whether it accepted materials, including
municipal solid waste from a municipality or arranged with a municipality
by contract or otherwise to accept materials from any source. If so, describe
the nature, quantity, and source of all materials accepted and transported
to the Site.
- State the correct legal name of your Company.
- State the name(s) and address(es) of the President and the Chairman of the Board, or other presiding officer of the Company.
- Identify the State of incorporation of the Company and the Company's agents for service of process in the State of incorporation and in ______ State.
- If the Company is a subsidiary or affiliate of another corporation, or has subsidiaries, identify these related companies.
- Identify the State of incorporation and agents for service of process in the State of incorporation and _______ State for each company identified in your response to Question 1d.
- State the names, telephone numbers and present or last known addresses of all individuals who you have reason to believe may have knowledge, information or documents regarding any transportation of materials to the Site, the disposal of materials at the Site, or the identities of the companies whose material was disposed of at the Site. For each individual identified, summarize the types of knowledge, information or documents you believe he or she may have.
- State whether there exists any agreement or contract (other than an insurance policy) which may indemnify the Company, present owners of shares in the Company or past owners of shares in the Company, for any liability that may result under CERCLA for any release of a hazardous substance from the Site. If so, please provide a copy of the agreement or contract. Identify any agreement or contract that you are unable to locate or obtain and describe the relevant information contained therein. Identify by name and job title the person who prepared the document, and if the document is not readily available, state where it is stored, maintained and why it is no longer available.
- State whether an insurance policy has ever been in effect which may indemnify the Company against any liability which the Company may have under CERCLA for any release or threatened release of a hazardous substance that may have occurred at the Site. If so, please provide a copy of the policy. Identify any policy that you cannot locate or obtain by the name of the carrier, years in effect, nature and extent of coverage, and any other information you have.
- Please provide copies of all federal and state income tax returns filed by your Company for the fiscal years ______ through _______.
- Please provide copies of financial statements, reports, or projections prepared by, for, or on behalf of your Company during the past four years. Your answer should include, but not be limited to, all those filed with the Securities and Exchange Commission, state agencies, and all financial institutions such as banks.
- Identify all persons and entities from whom Transporter accepted materials which were taken directly or indirectly to the Site.
- Identify the owners of the materials that were accepted for transportation by the Transporter.
- Identify the person who selected the Site as the location to which Transporter took the materials to the Site.
- Describe the measures taken by the persons who gave the materials to the Transporters to determine what the Transporters would actually do with the materials they accepted.
- For each material, describe any warnings given to you with respect to its handling.
- Identify all the Sites at which the materials were transhipped through, or were stored or held at, prior to their final treatment or disposal.
- The amount paid to each Transporter for accepting the materials for transportation,
the method of payment and the identity of the person who paid each transporter.
- Provide representative copies of customer lists, accounts receivables lists, or route slips that were used that show such customer names.
- For each customer's materials taken to the Site, describe:
- the volume;
- the nature;
- chemical composition;
- physical state (e.g., solid, liquid);
- any other distinctive characteristics; and
- the years during which each customer's materials were taken to the Site.
- Provide copies of all tests, analyses, and analytical results concerning each material Transporter took to the Site.
- If you do not have documents responsive to the previous question but believe others do, identify who might have such documents and the basis for such a belief.
- Describe the containers picked up from each customer which were taken
to the Site, including containers (if any) that the Transporter provided
to customers for such use, including but not limited to:
- the type of container (e.g. 55 gal. metal drum, 15 gal. cardboard drum, 5 gal metal pail, etc.);
- the condition of the container (e.g. open, closed, sealed, damaged, new, used, etc.);
- the color of the container;
- any distinctive stripes or other marking on the containers; and
- any labels or writing on those containers (includ- ing the content of those labels or writing).
- Provide copies of all documents (including but not limited to log books, dump slips, manifests, receipts, and invoices created or kept by Transporter related to the collection of materials (including, but not limited to, composition and quantity of materials) from customers whose materials were taken to the Site.
- Provide copies of all documents created or kept by Transporter related to the nature, quantity or source of materials taken to the Site.
- Describe all records created or kept by Transporter concerning the nature
or quantity of materials:
- collected from customers; and
- taken to the Site
- Identify all Transporter's employees who may have taken or accompanied materials to the Site.
- Describe each such employee's responsibilities include but not limited
- dates of employment;
- nature of the position to which each employee was assigned;
- the customers each employee served;
- the locations to which each employee took or ac- companied materials; and
- the routes which each employee followed.\
- Identify Transporter's office manager.
- Identify the Transporter's bookkeeper or other employee who handled the company's checkbook and accounts receivables.
- Describe Transporter's vehicles used to transport materials, including
but not limited to:
- type of vehicles (e.g. tanker, flatbed, etc.);
- the color(s);
- distinctive markings (e.g. company names, logo); and
- number(s) of each type of vehicle.
- Indicate which types of Transporter's vehicles were used to transport materials to the Site.
- Describe what was done to each type of material after it was taken to the
- Describe where each type of material brought to the Site was disposed or otherwise placed.
- If particular types of materials, were placed or disposed in separate
or specific areas of the Site, indicate:
- the types of materials so placed or disposed;
- where on the Site those materials were placed or disposed; and
- how those materials were placed or disposed
- If particular customers' materials were placed or disposed in separate
or specific areas of the Site, indicate:
- the identity of each such customer;
- the nature and chemical composition of each such customer's type of material also placed or disposed;
- the quantity of each such customer's material so placed or disposed; and
- where on the Site each such customer's material was so placed or disposed.
- If drums were placed or disposed at the Site, indicate:
- where they were placed or disposed; and
- their condition when placed or disposed
- If liquids were placed or disposed at the Site, indicate whether and
how liquids were:
- mixed at the Site;
- placed or disposed in a separate areas; and
- placed or disposed in their containers or removed from their containers.
- Describe all procedures undertaken by Transporter and the Site operator
upon Transporter's arrival/entry on to the Site, including but not limited
- the completion of any documentation of disposal/placement at the Site;
- any exchange of cash or checks; and
- any review of permits or other authorities to dispose/place materials at the Site.
- Describe Transporter's procedures for paying for the disposal/placement
of materials at the Site, including but not limited to:
- method of payment (e.g. cash, check, money order);
- the frequency of which those payments were made;
- to whom those payments were made;
- the total amount of those payments and the rates paid;
- where those payments were made (e.g. at the Site, sent in mail, etc.); and
- providing the identity of the Transporter's employee/agent in charge of accounting for and making such payments.
- Identify other individuals and entities that the Transporter has reason to believe may have taken or sent materials to the Site.
- Of those individuals and entities identified in the re- sponse to the preceding question, specify which individuals or entities Transporter observed at the Site, and indicate when those observations were made.
- Provide all information known by Transporter regarding the customers of the entities or individuals identified in the preceding two questions.
- If the Transporter did not bring all materials directly from customers
to the Site provide:
- all the locations through which such materials were transshipped or were stored or held, prior to their final treatment or disposal.
- a description of the nature of operations at such other locations;
- the identity of the individuals and entities who operated such other or locations;
- a description of the kinds of materials taken to those locations;
- a description of the quantities of materials taken to those locations;
- a description of the process(es) the materials underwent at each such location (e.g. storage, consolidation, treatment, etc.); and
- a description of how long wastes remained at each such location before being taken to the Site.
- List all federal, state and local permits and/or registrations issued to the Transporter for the transport and/or disposal of materials.
- Please state the name, title and address of each individual who assisted or was consulted in the preparation of the response to this information request.