104(e) response - waste management inc · 2020. 11. 29. · waste management, inc., is the parent...

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July 19, 1990

Jeffrey A. Cahn, Esq.Assistant Regional CounselOffice of Regional CounselU.S. Environmental Protection Agency5CS-TUB-3230 South Dearborn StreetChicago, Illinois 60604

Re: Request for Information Pursuant to Section 104(e)of CERCLA addressed to Waste Management of North America,Inc., and Waste Management of Wisconsin, Inc., for theHagen Farm Site in Stoughton. Wisconsin_______________

Dear Mr. Cahn:

On July 10, 1990, Waste Management of North America, Inc., andWaste Management of Wisconsin, Inc., received Section 104(e)Requests for Information concerning the Hagen Farm Site inStoughton, Wisconsin. Waste Management of North America, Inc.,is not the parent corporation of Waste Management of Wisconsin,Inc., and has no involvement at the Hagen Farm Site in Stoughton,Wisconsin. Waste Management of Wisconsin, Inc., is the ultimatesuccessor to City Disposal Corporation which did have involvementas an operator and transporter to the Hagen Farm Site. WasteManagement, Inc., is the parent corporation of Waste Managementof Wisconsin, Inc., as noted in response to Question 12 of yourRequest for Information. In addition to the specific responsesand documents provided herein, outside counsel for WasteManagement at the law firms of DeWitt, Sundby, Hugett, Schumacher& Morgan in Madison, Wisconsin, and Sidley & Austin in Chicago,Illinois, handled related litigation arising out of the HagenFarm Site, and both firms maintain some files concerning thelitigation which they handled. As you are aware from discussionswith our Environmental Counsel, Ann Straw, these documents areavailable upon request for review and copying by USEPA. Thefollowing specific responses to Questions 1 through 21 of yourRequest for Information are provided:

1. For a complete listing of all persons consulted in thepreparation of this Response, see Attachment 1.

2. For a complete listing of documents consulted, examined andreferred to in this Response, please refer to Attachment 2.

Jeffrey A. Cahn, Esq.July 19, 1990

3. (a) Peter AbelesP. O. Box 219Kenosha, WisconsinFormerly employed by City Disposal Corp.

(b) Richard Sundby2279 County Truck Highway AStoughton, WisconsinArea Resident, Owner of Sundby Sand & Gravel

(c) Ruth Sundby1212 HamiltonStoughton, WisconsinArea resident

(d) Oscar Forton604 Grant StreetStoughton, WisconsinFire chief, City of Stoughton

(e) Roger Olson587 Manerville RoadStoughton, WisconsinChairman, Town of Dunkirk

(f) William Chritton113 East MainStoughton, WisconsinCity Attorney for Stoughton

(g) Gerald Onsrud561 Peachwood DriveGrand Junction, ColoradoFormer City Disposal Employee

(h) Tom Every6102 S. HighlandMadison, WisconsinFormer Stoughton resident

(i) Liniel CooperAddress unknownFormer Mayor - City of Stoughton

(j) Stoughton Trailer, Inc.Stoughton, Wisconsin

Jeffrey A. Cahn, EsqJuly 19, 1990

(k) The following EPA or Wisconsin DNR employees wereinvolved in investigation with the above site. (SeeAttachment 3, Re: State v. Waste Management, et al..83 CV 1115, Plaintiff's Answers to Interrogatories.)Debra Newman Horn (WDNR), Hazardous Waste Specialist;William Rock (WDNR), Hazardous Waste Management SectionChief;David Stensby (WDNR), Chemist;Richard O'Hara (WDNR), Bureau of SW Management;Joseph Brusca (WDNR), Solid Waste Investigator;Wendell J. Wojner (WDNR), Hazardous Waste Specialist;Niles Ostenso (WDNR), Hydrogeologist;Floyd Stautz (WDNR), Assistant District Director;Joseph G. Brehm (WDNR), Natural Resources Technician.

(1) U.S. Rubber, now known as Uniroyal Plastics, Inc.,Employees:Robert NilesFrank KrawcekW. C. Brodhagen

(m) Susan Shumway, Esq.Shumway & Merle2425 Post Road, Suite 205Southport, Connecticut 06490Attorney for Uniroyal Plastics, Inc., as successorcorporation to U.S. Rubber, at Hagen Farm Site.

4. Copy of 104(e) Response to EPA's February 23, 1987, requesthas not been located.

5. Entity EPA or Wisconsin I.D. Number

Hagen Farm Site WID 980610059 (no EPA I.D.number assigned)

Waste Management of None assignedWisconsin, Inc.

Waste Management of None assignedNorth America, Inc.

6. Pursuant to conversation memorialized in State of WisconsinAnswers to Interrogatories included in Answer to No. 7,State v. Waste Management, et al., 83 CV 1115, Attachment 3,between Debra Horn (investigator for State of Wisconsin) and

Jeffrey A. Cahn, EsqJuly 19, 1990

Ms. Ruth Sundby on July 16, 1981, Mrs. Sundby recalled CityDisposal, Uniroyal and Milprint using the site.

Pursuant to conversation between Debra Horn and Oscar Fortonon July 21, 1981, memorialized in State of Wisconsin Answerto Interrogatory No.7, State v. Waste Management, et al.. 83CV 1115, Attachment 3, Mr. Forton recalled City Disposal,Milprint and Uniroyal using the site.

Pursuant to a letter from Robert Niles (Uniroyal) to TomLoftus (Wisconsin DNR), dated January 13, 1983, disclosed inPlaintiff's Answer to Interrogatory No. 7 in State v. WasteManagement, et al.. 83 CV 1115, (letter is not in ourpossession), it states Uniroyal was one of many users of thesite.

Pursuant to a letter from Stoughton Trailer, Inc., to DougMorrissette (DNR), dated February 11, 1983, contained inWisconsin DNR files (not in possession of Waste Management),the letter stated Stoughton Trailers transported cardboardboxes, wood cutting materials, and general office type wastepaper.

Also, see companies identified in Question No. 20 and seeResponse No. 20.

7. For a complete listing of all persons having knowledge orinformation about the generation, use, treatment, storage,disposal or other handling of hazardous materials at thesite, see the Response to Question No. 3 above.

8. (a) See Attachment 4, Warranty Deed transferring title toHagen Farm Site from Orrin N. Hagen to Waste Management ofWisconsin, Inc., dated February 24, 1987.

(b) Respondents object to the use of the term "hazardousmaterials" as being vague and overbroad so as to renderimpossible any meaningful response. Without waiving saidobjection, Respondents state that they have never generatedwastes determined to be "hazardous," which were potentiallyor ultimately disposed of at the Site to the best of ourknowledge.

(c) Respondents object to the use of the term "hazardousmaterials" as being vague and overbroad so as to renderimpossible any meaningful response. Without waiving saidobjection, Respondents state that they never accepted for


transportation to the Site wastes determined to be"hazardous" at the time of acceptance.

(d) See Attachment 5, "Lease Agreement" for conduct ofdisposal operations between Nora E. Sundby and City DisposalService, Inc., dated December 10, 1962. The lease wasterminated in August of 1966. Respondents have been unableto locate document entitled "Termination of Lease" but willforward same to you when document is located.

9. Waste Management of Wisconsin, Inc., as successor-in-interest to City Disposal Corporation, is responsible forthe liability, if any, of City Disposal Corporation arisingout of disposal operations at or transportation to the Site.

10. See Attachments 6-11 for Articles of Incorporation and By-Laws.

11. Acme Disposal Service Corporation registered as acorporation on December 17, 1959. See Attachment 6,Articles of Incorporation attached.

City Disposal Service, Inc., registered as a corporation onJanuary 5, 1963. See Attachment 7, Articles ofIncorporation attached.

Amendment to Articles of Incorporation of City DisposalService, Inc., changing name to City Disposal Corporation,dated February 22, 1963. See Attachment 8.

Articles of Merger of City Disposal Corporation into AcmeDisposal Service Corporation, dated September 12, 1967. SeeAttachment 9.

Amendment to Articles of Incorporation, changing the name ofAcme Disposal Service Corporation to Waste Management ofWisconsin, Inc., dated December 30, 1971. See Attachment10.

By-Laws of Waste Management of Wisconsin, Inc. SeeAttachment 11.

12. The parent corporation of Waste Management of Wisconsin,Inc., is Waste Management, Inc.

13. (a-f) Respondents object to the use of the term "hazardousmaterial" as being vague and overbroad so as to render


impossible any meaningful response. Without waiving saidobjection, Respondents state that they have nevertransported to the Site or disposed of at the Site wastesdetermined to be "hazardous" at the time of transportationor disposal and that the landfill was operated insubstantial compliance with all statutes, rules andregulations governing the types of wastes permitted to belandfilled at the time such wastes were accepted at theSite.

14. See Response Nos. 8(b) and 10 above.

15. Henry and Nora Sundby(a) Approximately 1948 to March 2 1969.

(b) See Response No. 8(a) above and Attachment No. 5.

(c) This information is unknown to Respondents.

Orrin and Ida Hagen(a) March 3, 1969, to May 11 1987

(b) See Attachment 4 and Response No. 8(a) above andAttachment No. 5.

(c) This information is unknown to Respondents.

16. (a-d) Pursuant to-an interview with Peter Abeles, CityDisposal was first to lease the Site for disposaloperations. According to the interview, prior to the CityDisposal lease, the Site was an exhausted gravel pit.

17. Respondents are in possession of Application for Garbage andRefuse Disposers License for Town of Dunkirk and Permit toTransport and Pick Up Garbage and Rubbish. See Attachment12. Respondents are not in possession of State of Wisconsinpermits as State did not begin permitting until 1968.

18. (a-ia) See Respondents* Response to No. 13 above. Withoutwaiving said objection, please refer to Attachments 13 and14 which include contracts and invoices which, to the bestof our knowledge, pertain to this facility.

19. Without waiving Respondents' objection stated in ResponseNo. 13, Respondents provide the following informationregarding transactions relating to the Site:


(a) Disposal arrangements for materials were arranged withPeter Abeles of City Disposal and W.C. Brodham of U.S.Rubber Company, now known as Uniroyal Plastics Company.

(b) Pursuant to records in Respondents' possession (seeAttachment 14) which are incomplete, Respondents executedcontracts with U.S. Rubber, now known as Uniroyal PlasticsCompany, on November 26, 1962, and March 1, 1966.

(c) Material transported by City Disposal was generated byU.S. Rubber, now known as Uniroyal Plastics Company, andaccording to the contracts consisted mainly of paper,synthetic resin films, scrap coating materials andmiscellaneous waste.

(d) U.S. Rubber Company, now known as Uniroyal Plastics Co.,Inc.

(e) This information is unknown to Respondents.

(f) Please refer to Attachment 3. Wisconsin DNR performedtesting on the Site. Please refer to Answer toInterrogatory No, 8.

(g) This information is unknown to Respondents. However,pursuant to an interview with Peter Abeles in 1983, heindicated that City Disposal chose the disposal location.

(h) Respondents have no information.

(i) To the best of our knowledge, wastes were transporteddirectly to the Site.

(j) Pursuant to an interview with Peter Abeles in 1983, heindicated that one method of handling Uniroyal's wastematerial at the Site was to attempt to solidify material onthe ground, through evaporation, leaving a solid plasticresidue.

(k) Respondents have no information as to disposition of thewaste material.

(1) Respondents' outside counsel investigating on behalf ofState of Wisconsin v. Waste Management, et al.. 83 CV 1115,conducted interviews and telephone interviews of pastemployees and people familiar with the Site; however, this

/QvJeffrey A. Cahn, EsqJuly 19, 1990

information is not formally documented and is therecollection of interviewed persons.

(ra) [There is no subsection (m).]

(n) Information unknown to Respondents

(o) Copies attached. See Attachment 13.

(p) Refer to Response No. 19(o) and Response No. 3.

20. To the best of Respondents1 recollection, the list ofcompanies identified in this question was compiled byWisconsin DNR.

21. The meaning of this question is unclear to Respondents,however, the issue seems to be addressed in Response No. 13above.

The foregoing information provided in response to USEPA's Requestfor Information is true and correct to the best of WasteManagement's current knowledge and belief, however, we reservethe right to supplement this Response if additional informationrelevant to the Hagen Farm Site in the Town of Dunkirk, DaneCounty, becomes available.

Please feel free to contact our Environmental Counsel, Ann Straw,at 708/409-3523, if questions arise concerning this Response.

Very truly yours,

William SchubertRegional Environmental ManagerOn behalf of Waste Management of Wisconsin, Inc.

pt

cc: Carl FrankPeter Kelly

ATTACHMENT 1

Dave StewartCounsel for Waste Management of Wisconsin, Inc.

Ron Ragatz, DeWitt, Sundby, Huggett, Schumacher & MorganOutside Counsel for Waste Management of Wisconsin, Inc.Re: Citizens v. Uniroval. et al.. 83 CV 1116

Rob Olian, Sidley & AustinOutside Counsel for Waste Management of Wisconsin, Inc.

The following were contacted when original 104(e) Response wascompiled (unable to locate original 104(e) Response). They havenot been contacted since:

Peter Abeles (former employee of City Disposal)Richard Sundby (Owner of Sundby Sand & Gravel)Ruth Sundby (Area resident)Oscar Forton (Fire Chief, city of stoughton)Roger Olson (Chairman, Town of Dunkirk)William Chritton (City Attorney for Stoughton)Gerald Onsrud (Former employee of City Disposal)Tom Every (Former Stoughton resident)Liniel Cooper (Former Mayor, City of Stoughton)

The following were contacted by Wisconsin DNR: See Plaintiff'sAnswers to Interrogatories, 83 CV 1115. Attachment 2.

Debra Horn (Former WDNR employee)Robert Niles (Uniroyal.Plastics, Inc.)W. C. Brodhagen (Uniroyal Plastics, Inc.)Doug Morrissette (Former WDNR employee)Frank Krawcek (Uniroyal Plastics, Inc.

ATTACHMENT 2

Documents consulted, examined or referred to in the preparationof this response.

(A) Attachment 3 - Plaintiff, State of Wisconsin's, Answers toInterrogatories from Waste Management of Wisconsin, Inc.,83 CV 1115

(B) Attachment 4 - Warranty Deed from Orrin Hagen to WasteManagement of Wisconsin, Inc.

(C) Attachment 5 - Lease Agreement between Nora Sundby and CityDisposal Service, Inc.

(D) Attachment 6 - Articles of Incorporation of Acme DisposalService Corporation

(E) Attachment 7 - Articles of Incorporation of City DisposalService, Inc.

(F) Attachment 8- Amendment to Articles of Incorporation of CityDisposal Corporation.

(G) Attachment 9 - Articles of Merger

(H) Attachment 10 - Articles of Incorporation

(I) Attachment 11 - By-Laws of Waste Management of Wisconsin,Inc.

(J) Attachment 12 - Application for Garbage and Refuse DisposersLicense

(K) Attachment 13 - Invoices from City Disposal Corporation toU. S. Rubber Company

(L) Attachment 14 - Contracts between U. S. Rubber and CityDisposal, Inc.

(M) Attachment 15 - Defendant, WMI Answers to Interrogatoriesregarding 83 CV 1115.

(N) Attachment 16 - Index of Files in possession of Respondents'outside counsel, Sidley & Austin, pertaining to litigationregarding Hagen Farms

. A t t a c h m e n t 3 fo/cfc/JJ

STATE OP WISCONSIN CIRCUIT COURT DANE COUNTY

OP WISCONSIN,

Plaintiff,

v. Case No. 83-CV-1H5

UNIROYAL, INC.,a foreign corporation, andWASTE MANAGEMENT OP WISCONSIN, INC.,a domestic corporation,

Defendants.

PLAINTIFF'S ANSWERS AND OBJECTIONS TO DEFENDANTWASTE MANAGEMENT OF WISCONSIN, INC.,FIRST SET OF INTERROGATORIES AND

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

To: James G. Derouin, EsquireDeWitt, Sundby, Huggett & Schumacher, S.C.121 South Pinckney StreetPost Office Box 2509Madison, Wisconsin 53703

The plaintiff, State of Wisconsin, hereby answers and states

its objections to defendant's First Set of Interrogatories and

First Request for Production of Documents, dated April 11, 1983,

pursuant to sees. 804.08 and 804.09, Stats., as follows:

GENERAL OBJECTION

1. Plaintiff objects to the identification and production

of documents as requested in the Interrogatories and document

request, to the extent defendant seeks to have all such documents

identified and attached to these answers, pursuant to sec.

804.08 (3), Stats. The basis for this objection is that such

* t

information may be ascertained from an inspection of the files of

the Department of Natural Resources (Department), that the burden

of deriving or ascertaining this information is substantially the

same for both parties, and that these interrogatories request

virtually all of the Department's file. Pursuant to sees.804.08(3) and 804.09, Stats., the plaintiff invites the defendant

to inspect these documents during normal business hours at the

Department's Southern District offices in Madison, Wisconsin.

These documents are in the "Hagan/Uni royal" file in the

possession of Mr. Mark Giesfeldt, whose telephone number is (608)

266-0889. Prior arrangements should be made with him for

inspection of all documents. To the extent that answers herein

are based on documents not part of the Hagen/Uniroyal file, said

documents are identified by author, title and present location.

2. Plaintiff objects to the identification of "all facts,"

as requested in Interrogatory Nos. 6, 7, 8, 10, 11, 12, 13, 14

and 24, pursuant to sec. 804.08(3), Stats. To the extent these

interrogatories seek information which is contained in the

Department's files, the burden of ascertaining or deriving this

information is the same for both parties. To the extent these

interrogatories seek an identification of every factual detail

which may relate to this case, the interrogatories are unduly

burdensome. The plaintiff has, by these answers, attempted to

provide all salient facts within its present knowledge, and will

supplement these answers as required by state law.

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• f

ANSWERS TO INTERROGATORIES

INTERROGATORY NO. 1;

State the name(s) of the person(3) supplying the answers to

these interrogatories, and also state as to each such person the

following:

(a) business address;

(b) title and occupation;

(c) nature of affiliation with Plaintiff.

If more than one person supplies answers to these

interrogatories, state which persons have answered which

interrogatories.

ANSWER:

Wendell J. WojnerHazardous Waste SpecialistDepartment of Natural Resources - Southern District3911 Fish Hatchery RoadMadison, WisconsinPrimarily responsible for drafting and coordination ofall answers.

Mark F. GiesfeldtSolid Waste CoordinatorDepartment of Natural Resources - Southern DistrictMadison, WisconsinInterrogatory Nos. 3 and 7

Nile A. OstensoSolid Waste HydrogeologistDepartment of Natural Resources - Southern DistrictMadison, WisconsinInterrogatory Nos. 3, 11 and 12

Joseph w. BruscaSolid Waste InvestigatorDepartment of Natural Resources - Southern DistrictMadison, WisconsinInterrogatory No. 3

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David G. StensbyChemistDepartment of Natural Resources101 South Webster StreetMadison, WisconsinInterrogatory Nos. 3, 8, 10, 14, 23

Carl A. Sinderbrand and Robert A. SelkAssistant Attorneys GeneralDepartment of Justice123 West Washington AvenueMadison, WisconsinAssisted in coordination and answers to allinterrogatories and all objections.

INTERROGATORY MO. 2;

(a) Identify, by name, address, occupation, telephone

number, and relationship to the site (i.e., neighbor, site owner,

etc.) , each and every person known to Plaintiff who has

knowledge, or who Plaintiff believes has knowledge, of any and

all activities of Defendant Waste Management of Wisconsin, Inc.,

or any of its predecessors, which relate to, or form the basis

of, the allegations contained in Plaintiff's Complaint against

Defendant Waste Management of Wisconsin, Inc., or for which

Plaintiff believes make Defendant Waste Management of Wisconsin,

Inc., liable to Plaintiff.*

(b) For each such person so identified, provide a

short summary of the knowledge of such person and how Plaintiff

became aware of the person and the knowledge the person

possesses.

Answer;

Plaintiff's list of individuals herein excludes individuals

identified in Uniroyal, Inc.'s Answers to Interrogatories, dated

May 6, 1983. Also excluded are the names of employes of the

Department whose names appear in other answers herein.

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(a) Peter AbelesPost Office Box 219Kenosha, Wisconsin(414) 781-8110Formerly employed by City Disposal Corp.

(b) Mr. Abeles represented City Disposal Corp. at the time

that contracts were entered into among City Disposal, the City of

S tough ton and Dniroyal* He appears to have been the City

Disposal representative primarily responsible for the

administration of those contracts and disposal operations in the

Stoughton area. Plaintiff first became aware of Mr. Abeles

through a newspaper article.

(a) Richard Sundby2279 County Trunk Highway AStoughton, Wisconsin(608) 873-9102Area resident, owner of Sundby Sand and Gravel

(b) Mr. Sundby is a son of the people who owned the site

during the period of active disposal, Nora and Henry Sundby. He

grew up in the area and witnessed disposal activities. Plaintiff

became aware of Mr, Sundby through its investigation after it

became aware of the site.

(a) Ruth Sundby1212 HamiltonStoughton, Wisconsin(608) 873-7240

(b) Mrs. Sundby is a daughter-in-law of Nora and Henry

Sundby and grew up in the area. She personally observed disposal

activities. Plaintiff became aware of Mrs. Sundby during its

investigation.

(a) Oscar Porton604 Grant StreetStoughton, Wisconsin(608) 873-6277Fire Chief, City of Stoughton

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(b) Mr. Forton Is a long-time resident of Stoughton and

personally observed disposal activities. Plaintiff became awareof Mr. Forton during its investigation.

(a) Roger Olson587 Manerville RoadStoughton, Wisconsin(608) 873-3950Chairman, Town of Dunkirk

(b) Mr. Olson is a long-time resident of the site. His

knowledge may include observation of actual disposal activities

and pertinent public records. Re was first contacted by the

Department during its investigation.

(a) William Chritton113 East MainStoughton, Wisconsin(608) 873-9464

(b) Mr. Chritton has been the Citv Attorney for

Stoughton. He is familiar with the contracts and leases relating

to the site and may be familiar with disposal activities. He was

first contacted by the Department during its investigation.

(a) Gerald Onsrud561 Peachwood DriveGrand Junction, Co.(303) 434-3026Retired

.* '

(b) Mr. Onsrud is a former employe of City Disposal. He

was personally involved in disposal activities and observed

disposal by City Disposal and Uniroyal. Plaintiff became aware

of Mr. Onsrud during its investigation.

(a) Tom Every6102 South Highland AvenueMadison, Wisconsin(608) 233-9373

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(b) Mr. Every is a former resident of S tough ton and is

generally familiar with waste disposal activities in the

Stoughton area during the 1960s., Plaintiff became aware of Mr.

Every during its investigation,

(a) tiniel CooperAddress UnknownStoughton, WisconsinTelephone UnlistedFormer Mayor, City of Stoughton

(b) Mr. Cooper was mayor at the time of disposal at the

Sundby (now Hagen) farm. He is familiar with the pertinent

contracts and disposal activities. He was first contacted by the

Department during its investigation.


Identify each and every DNR person, employee, consultant or

representative you know or believe has visited the site or

neighboring properties from 1950 to present. For such person (s)

and visit(s), provide:

(a) name;

(b) position at time of visit;

(c) present address and telephone number of person;

(d) whether person is still an employee, etc. of DNR;

(e) date and reason for visit;

(f) who requested the visit;

(g) substance of visit(s) by visit date;

(h) names of persons who were contacted prior to,

during and after said visit (s) by any means, including telephone

or written communication; and

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(i) identification of any and all documents evidencing

or relating to said visits and contacts.ANSWER;

William RockHazardous Waste Management Section ChiefDepartment of Natural Resources10l South Webster Street (GEF 2)Madison, Wisconsin(608) 266-0833

Mr. Rock visited the site on August 17, 1981, in order to

inspect a barrel at the site. The substance of the visit andipersons contacted are reflected in a memorandum in the

Department's file.

David StensbyChemist, Hazardous Waste Management SectionGEP 2Madison, Wisconsin(608) 267-7559

Mr. Stensby visited the site with William Rock, Debra Horn

and Joseph Brusca on August 17, 1981. See answer with respect to

William Rock.

Mr. Stensby also visited the area on several occasions in

order to sample orivate wells in the vicinity of the Hagen

farm. These visits were on the following dates:

December 17, 1980: Sampled Schroeter, Vanderpan, Hagen,

Jacobsen; assisted by Deb Horn.

March 4, 1981: Sampled Hagen, Schroeter, Vanderpan?

assisted by Horn.

May 7, 1981: Sampled Hagen, Schroeter, Vanderpan; assisted

by Horn.

July 30, 1981: Sampled Hagen, Schroeter, Vanderoan;

assisted by Horn.

-8-

January 27, 1982: Sampled Hagen, Schroeter/ Vanderpan,Gullickson, Schlesl and others; assisted by Horn, Giesfeldt,

Ostenso.

November 16, 1982: Sampled monitoring wells; assisted by

Ostenso, Wojner and other Department personnel.

January 24, 1983: Sampled private wells with Ostenso.

February 15, 1983: Resampled Schiesl well with Ostenso.

April 19, 1983: Sampled monitoring wells and private wells

with Ostenso, Wojner, Giesfeldt.

Richard O'HaraBureau of Solid Waste ManagementGEP 2Madison, Wisconsin(608) 267-7564

Mr. O'Hara visited the site in the summer of 1982, with two

EPA officials. The purpose of this visit was to investigate

potential Superfund sites.

Joseph BruscaSolid Waste Investigator3911 Pish Hatchery Road (Southern District)Madison, Wisconsin(608) 266-3529

January 14, 1981: routine inspection of unlicensed dump and

demolition disposal area. Contact made with Orrin Hagen and Tom

Matson. Memorandum on file.

May 29, 1981: follow-up site inspection. Referenced in

September 14, 1981, memo on file.

June 30, 1981: site inspection and survey. One barrel

discovered. Facility inspection and surveillance form on file.

August 17, 1981: Barrel investigation with William Rock, et

al.

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August 19, 1981: met at site with employes of Chemical

Waste Management to pick up and dispose of barrel.

December 2, 1981: met with Debra Horn and representatives

of Oniroyal and Warzyn to discuss details of proposed

hydrogeological study.

November 16, 1982: site visit with David Stensby to take

samples at groundwater monitoring wells.

January 28, 1983: inspection of Matson demolition disposal

area adjacent to Hagen site.Mark GiesfeldtSolid Waste CoordinatorSouthern District(608) 266-0889

January 27, 1982: assisted in sampling of private wells at

residences of Gullickson and Krantz. Memorandum dated

February 2, 1982 is on file.

January 24, 1983: assisted in well sampling at private

wells on Vanderpan, Schroeter and K-Way properties, together with

David Stensby and Nile Ostenso.

April 19, 1983: assisted in sampling of monitoring wells on

Hagan site and private wells of Schroeter, Schiesl, Vanderpan and

K-Way Insulation. Others present included Ken Quinn of Warzyn,

Nile Osterso, David Stensby and Wendell Wojner. Laboratory slips

and facility contact form on file.

Wendell J. WojnerHazardous Waste SpecialistSouthern District(608) 267-9427

-10-

October 16, 1981: collected well samples on properties of

Venderpan, Schroeter, Hagen and Sundby Sand and Gravel. Lab

slips on file.

July 6, 1982: met with Edward Reesman of Payne and Dolan,

Inc., to obtain permission for access to property north of Hagensite.

July 20, 1982: observed drilling of monitoring wells by

Warzyn at Hagan site accompanied by Nile Ostenso.

November 16, 1982: sampled monitoring wells, in conjunction

with Nile Ostenso, Dave Hartz, Marci Friedman, Dave Stensby and

Ken Satyshur of the Department. Jim Hill of Warzyn was there to

split samples. Subsequent contact with Mark Giesfeldt and Floyd

Stautz.

April 19, 1983: assisted in sampling of monitoring wells.

Nile OstensoHydrogeologistSouthern District(608) 267-9786

January 27, 1982: assisted in sampling of private wells.

July 20, 1982: observed well drilling and installation with

Wendell Wojner.

August 2, 1982: observed drilling of monitoring well No. 9

with David Stensby.

November 16, 1982: assisted in sampling of groundwater

monitoring wells.

January 24, 1983: assisted in sampling of private wells

with David Stensby.

February 14, 1983: sampled Schiesl well. Also went to

Hagen site to inspect monitoring wells.

-11-

April 19, 1983: participated in sampling of monitoring

wells and wells at private residences.

Ployd stautzAssistant District DirectorSouthern District(608) 266-0480

December 23, 1980: met with Uniroyal representatives and

Orrin Hagen at Hagen site. Others present included Greg

Matthews, Southern District Public Information Officer.

Joseph G. BrehraNatural Resources TechnicianGEF 2Madison, Wisconsin(608) 267-7541

Mr. Brehm visited the site once on April 3, 1978 at the

request of the Dane County Zoning Administrator, The purpose of

the visit was to investigate the use of the site as a salvage

yard. Joe Brusca was contacted after the visit.

Deb Neuman-HornHazardous Waste SpecialistMo longer employed by the Department3221 - 15th Avenue, NW, Apt. DRochester, Minnesota(507) 281-1072

October 6, 1980: visited the Hagen site. Mapped the area,

talked with Bill Hein of Sundby Sand and Gravel and Mrs. Hagen by

telephone. Details of visit are in a memorandum to Jack Thorsen,

in the Department file.

October 21, 1980: follow-up inspection.

November 10, 1980: private wells sampled at Schroeter,

Vanderpan and Waag properties.

December 17, 1980: private wells sampled at Schroeter,

Vanderpan, Hagen and Jacobsen properties.

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December 23, 1980: met with Orrin Hagen at site to discuss

conditions at the site.

March 4, 1981: collected sample from Haqen, Schroeter and

Vanderpan wells. Subsequently contacted Brusca, Stensby, Jim

Enright and Or. Henry Anderson (Health and Social Services).

May lt 1981: samples collected at Hagen, Vanderpan and

Schroeter wells. Subsequent contacts with Brusca, Stensby and

Charles Leveque (DNR).

July 30, 1981: samples collected at Hagen, Schroeter and

Vanderpan wells. Inspection of full barrel on property.

August 17, 1981: participated in inspection of barrel at

site.

October 16, 1981: collected samples at Vanderpan, Ragen,

Schroeter and three Sundby wells.

December 1, 1981: site inspection with Brusca and

representatives of Warzyn and Oniroyal to discuss proposed

hydrogeological study.

January 27, 1982: assisted in well sampling with Stensby,

et al.

April 15, 1982: collected well samples at K-Way Insulation.

INTERROGATORY NO. 4:

Identify each and every person, employee, consultant or

representative of any other governmental agency or entity,

whether state, national, or local, you know or believe has

visited the site or neighboring properties from 1950 to

present. For such entity and visits, provide:

-13-

(a) name of aqency or entity;

(b) name of actual person(s) who made the visit;

(c) present location and telephone number of such

person (s);

(d) whether such person(s) is still an employee, etc.

of said entity;

(e) position of the person at time of visit;

(f) date and reason for visit;

(g) who requested such visit;

(h) substance of visit (s) by visit date;

(i) names of persons who were contacted prior to,

during and after said visit(s) by any means, including telephonic

or written communication; and

(j) identification of any and all documents evidencing

or relating to said visits and/or contacts.

ANSWER;

Dane County Environmental Health DivisionScott Podboy1206 Northport Drive, Room 101Madison, Wisconsin(608) 261-4481

February 3, 1981: sampled Vanderpan well for»A '

bacteriological and fluoride. The Department and Vanderpan were

contacted afterwards. Laboratory slip dated February 11, 1981,

is on file.

Dane Countv Environmental Health Division

Robert Brown

-14-

January 10, 1983: sampled Schroeter well for

bacteriological. The Department and Schroeters were contacted

afterwards. Laboratory slip dated January 12, 1983, is on file,

United States Environmental Protection Agency - Region VChicago, IllinoisRichard Bartelt, Chief Remedial Response Branch(312) 353-9773Basil G. Constantelos, Director Waste Management DivisionSummer 1982: drove by site with Richard O'Hara (DNK) during

survey of potential Superfund sites. Did not enter upon site; no

other persons contacted.


Identify each and every DNR person, employe, consultant or

representative, or employee, consultant, representative of any

other agency of the state, who has made an investigation of the

disposal operations at the site and alleged environmental damage

at the site and/or to neighboring properties. For such persons

and investigations, indicate:

(a) name of person;

(b) position;

(c) exactly what duties and responsibilities were

given to such person in regard to such investigation;

(d) a summary of what said person did in conducting

such investigation;

(e) when the person's activities started and ended;

(f) the substance of the investigation performed;

(g) names of persons who were contacted prior to,

during and after said investigation bv said person by any means,

including telephonic or written communication; and

-15-

(h) identification of any and all documents evidencing

or relating to 3aid investigation and/or contacts,ANSWER;

The principal investigators have been Joseph Brusca and

Oebra Newman-Horn. Other investigators have included

Wendell Wojner, Mark Giesfeldt and other Department employes

identified in the answers to Interrogatory No. 3.The investigation consisted primarily of those site

inspections and well samplings identified in the answers to

Interrogatory No. 3. Additional investigative work included

numerous contacts with the plaintiffs in Case No. 83-CV-1116 and

contacts with individuals identified in the answers to

Interrogatory Nos. 2 and 3. For each of these contacts, there

are memoranda or facility contact forms in the Department's

files, and the burden of ascertaining or deriving the details of

these contacts is substantially the same for the defendant as for

plaintiff.

TO the extent that investigation has been pursued by or on

behalf of the Department of Justice subsequent to the initiation

of this action, such information is nondiscoverable attorney work

product and the plaintiff objects to responding with respect

thereto.


Identify all facts and documents forming the basis of

Plaintiff's allegation in paragraph 5 of Plaintiff's Complaint in

which it is alleged that, "...defendant Waste Management owns and

-16-

operates the City Disposal Corporation in Stoughton, Wisconsin,

which is a transporter of solid waste."

ANSWER;

See Answers to Interrogatory Nos, 1, 2 and 3 in defendant

Waste Management of Wisconsin, Inc.'s Answers to Plaintiff's

First Set of Interrogatories and Request for Production of

Documents.

INTERROGATORY NO. 7t



which it is alleged that, "...the defendants disposed of toxic,

hazardous and other solid wastes in one or more gravel pits..."

located on the site described in paragraph 6.

ANSWER;

On October 1, 1980, a complaint about disposal activities at

the Hagen farm initiated an investigation. At the onset of the

investigation, Deb Horn was the Department1s main investigator.

She contacted Richard Sundby on October 24, 1980. Mr. Sundby's

mother had owned the site during the period of time of the

disposal operation. Mr. Sundby indicated that City Disposal had

operated the site. when improper management occurred, City

Disposal bulldozed the area over and stopped operating at that

location. Ms. Ruth Sundby was contacted by Deb Horn on July 16,

1981. She remembered City Disposal, tJniroyal and Milprint using

the site. Oscar Forton was contacted on July 21, 1981, by Deb

Horn. He remembered City Disposal, Milprint and Oniroyal using

-17-

the site. Roger Olson was contacted by Deb Horn on July 21,

1981. Mr. Olson thought that the Sundby's had leased their land

directly to City Disposal. William Chritton was contacted by Deb

Horn on November 4, 1981. Mr. Chritton said that City Disposalentered into a lease with Sundby and Uniroyal wastes started to

go to the site. Mr. Onsrud was a supervisor for City Disposal

and worked at the Sundby property. Deb Horn contacted him onFebruary 2, 1982. He stated that he worked at the Sundby farm

from 1962-1964. Mayor Cooper, the mayor at the time of disposal,

said that City Disposal opened the site for disposal. Further

details regarding the. above-mentioned individuals may be found in

the answers to Interrogatory No. 2. Other information relating

to defendants' disposal practices is provided in other answers

herein.

For facts relating to the toxic and hazardous quality of the

wastes, see answers to Interrogatory No. 8.

There are contracts or agreements found in the City of

Stoughton records which show that City Disposal entered into an

agreement for hauling Uniroyal's waste. There was an agreement

made between U.S. Rubber and City Disposal Corp. in 1962. A

trial pickup of U.S. Rubber wastes was scheduled for October 8,

1962. In the agreement, City Disposal agreed to dispose of the

material in a legal manner and accept all responsibility. It was

recognized that some wastes were hazardous and that proper

practices would be taken in handling.

There is a December 2, 1962, letter from Robert Sundby to

Mayor Cooper regarding an ordinance adopted by the Town of

-18-

Dunkirk requlating and licensing garbage and refuse disposers

operating in the Town. A copy of the letter was sent to Me.

Peter Abeles, General Manager of City Disposal Service, Inc.

In a January 28, 1982 meeting, Uniroyal representatives

(Robert Niles, Frank Krawcek) indicated that they would like the

Department to name other responsible parties for disposal on theHagen property. This point was reiterated in an April 28, 1982

meeting. A November 10, 1982 DNR News Release states that

Oniroyal wastes were deposited there. There is a letter from

Robert Niles to Tom Loftus dated January 13, 1983. It states

0ni royal was only one of many users of the site. Uni royal's

activity and involvement with the site was noted in a January 28,

1983 letter from Doug Morrissette to Prank Krawcek. Statement of

Robert C. Niles at the National Resources Board meeting on

January 26, 1983, indicated that Uniroyal had "a very limited

liability in our opinion in this case." On June 8, 1981, a

Notification of Hazardous Waste Activity Form was filled out by

Robert Niles indicating that Uniroyal had used the Hagen site for

disposal of waste. The type of waste deposited was described as

coated fabric and F003 and F005 waste.

On October 21, 1980, Deb Horn Inspected the Hagen property

and discovered vinyl chunks and naugehyde scraps on the

premises. Joe Brusca made a site inspection on July 1, 1981, and

described the site as "exudes plastics and rubber from ground."

A barrel was uncovered at that time. Analysis of the contents

can be compared to waste products generated at the Uniroyal

operation. Waste material such as the vinyl or naugehyde are

-19-

only manufactured by Uniroyal in the Stoughton area. The

contract for waste disposal between O.S. Rubber and City Disposal

points to the defendants as being responsible for waste disposal.




which it is alleged that the "waste deposited by defendants" are

"highly carcinogenic or otherwise harmful to human health and the

environment."

ANSWER;

The primary compound which is "highly carcinogenic" at the

Hagen Farm in vinyl chloride monomer (chloroethene,

chloroethylene). This is characterized by the Condensed Chemical

Dictionary as a highly flammable compressed gas with severe

explosion risk. The American Conference of Governmental

Industrial Hvqienists summarizes the following as the result of

"massive and apparently repeated exposures to vinyl chloride

(VCM) .

1. VCM possesses a narcotic action and produces, depending

upon concentration, a state of euphoria followed by a state of

inebriation similar to that of alcohol intoxication.

2. After repeated exposure, a neurologic asthenia sets in

which somnolence predominates.

3. After a variable period of time, dyspeptic disturbances

are added to the neurologic manifestations.

-20-

4. Raynaud syndrome documented (vascular disorder marked

by recurrent spasms of the capillaries).5. Angiosarcomas ot the liver. This has been confirmed

both by animal studies with mice and hamsters, and by

epidemiological studies of affected workers. There is

epideraiological evidence that vinyl chloride may produce human

cancers at multiple sites.

The EPA has included a review of vinyl chloride in the

Ambient Water Quality Criteria. They conclude "there are

numerous clinical indications that chronic exposure to vinyl

chloride is toxic to humans. Vinyl chloride has shown mutagenic

activity in a number of biological systems. This evidence is

apparent in both anumal studies and from examination of workers

chronically exposed to high levels of vinyl chloride. The report

also reaffirms the carcinogenicity of vinyl chloride.

T3TRAHYDROFURAN (THF)

Tetrahydrofuran is a major contaminant of the groundwater at

the Hagen Farm. Its primary industrial use is a solvent for

natural and synthetic resins, particularly vinyl (including vinyl

chloride) . (REF. Chera Dictionary). The Chemical Dictionary

characterizes THF as moderately toxic by ingestion and as

flammable, a dangerous fire risk.

The American Conference of Governmental Industrial

Hvgienists reports THF produces irritation of the upper

respiratory tract and some injury to the liver and kidneys.

OSHA summarizes the toxicology of THF as an anethetic and a

mild upper respiratory tract irritant.

-21-

XYLENE

Xylene is a cleat flammable liquid which can be a mixture of

three isomers: ortho, meta, and para xylene. Headache/ fatigue,

lassitude, irritability and gastrointestinal disturbances are

listed as symptoms of workers exposed to xylene. Other reported

symptoms from xylene exposure are blood abnormalities, corneal

changes, and renal and liver impairment.

OSHA summarizes xylene toxicology as producing irritation to

eyes, mucous membranes, and skin. It also causes narcosis at

high concentrations. In animals, xylene causes blood changes

reflecting toxicity.

REFERENCES:

The Condensed Chemical Dictionary, Ninth Edition,Van Nostrand Reinhold

NIOSH/OSHA Occupational Health Guidelines forChemical Hazards DHSS (NIOSH) 81-123.

American Conference of Governmental IndustrialHygienists, Inc., Documentation of the ThresholdLimit Values, 4th Edition, 1980.

Onited States Environmental Protection Agency,Ambient Water Quality Criteria for Vinyl Chloride,EPA 440/5-80-078, October, 1980.

INTERROGATORY

In regard to the alleged waste deposited at the Dunkirk site

as indicated in paragraphs 6 and 7 of Plaintiff's Complaint,

indicate:

(a) how such wastes were identified;

(b) the concentrations or quantities of said wastes;

(c) any and all tests which were performed to identify

or analyze such wastes;

-22-

(d) the source or generator of each waste or material;

(e) which of said wastes are or were in container

(e.g., barrels) ;

(f) which of said wastes are still present at the site

and in what quantities;

(g) when each of the respective wastes was disposed of

at the site;

(h) exactly what activities defendant Waste Management

of Wisconsin, Inc., engaged in or undertook in regard to each

such waste.

ANSWER;

(a) Visual inspection of the site by Deb Horn on October 6

and 21, 1980, documented the presence of vinyl scraps and

naugehyde materials. Joe Brusca on a July 1, 1981 inspection

also documents the presence of vinyl scraps. During the well

sampling of the monitoring wells on November 16, 1982, a solvent

odor was noted. Laboratory analyses confirmed the presence of

materials not normally present in groundwater.

(b) No estimates of the concentration or quantities of the

wastes deposited at the Hagen farm are able to be made based upon

the information known.

(c) Laboratory analyses peformed on the groundwater

included:

EPA Method 624, Federal Register, Vol. 44, p. 69532(December 3, 1979) Raltech

Headspace/Direct Injection into a gas chromotograph(GC)

Haptane extractions of groundwater samples, Injectedinto GC or gas chrometograph/mass spectrometer (MS)

-23-

Purge/trap technique with GC/Hall for halogenatedvolatile compounds (State Lab of Hygiene - February 16, 1982)

Purge/trap technique with GC/FIO for nonhalogenatedvolatile compounds (State Lab of Hygiene - February 16, 1982)

Direct aqueous injection technique with GC/FIDPurge/trap GC/MS (Aqualab - January 5f 1983)

Direct Injection GC/MS (Aqualab - January 5, 19-83)

Cryogenic headspace technique GC/MS (State Lab ofHygiene - January 26, 1983)

(d) Uniroyal, Inc., is the main contributor that has stated

that it deposited wastes at the site.

(e) There was one barrel uncovered that was at one time

full of solvent. This barrel was picked up and disposed of by

Waste Management, Inc. An analysis of the contents revealed:

Trans-l,2-Dichloroethene .7%Vinyl Chloride .1%Tetrahydrofuran 3.6%M-Xylene 48.3%0 & P - Xylene 25.4%Dichlorodif luorome thane .1%Tetrachloroethylene .7%Acetone .4%N-Butyl Acetate .7%Trichloroethylene .7%Toluene .4%Methyl Ethyl Ketone .25%Methyl Isobutyl Retone .7%Bromoform 8.1%Ethylbenzene .6%

(f) Wastes still present as shown in goundwater monitoring

wells include:

Xylene AcetoneTetrahydrofuran TrichloroethyleneToluene Ethyl BenzeneTrichloroethvlene

-24-

These parameters were found in the sampling on April 19, 1983.

The quantities of these waste solvents are not able to be

determined at this time.

(g) The period of time at which these wastes were deposited

is believed to b« from late 1962 through 1963.

(h) City Disposal, Inc. had a contract to haul the City of

Stoughton1s waste in the area. City Disposal, Inc., had anagreement to haul 0niroyal's waste beginning in late 1962.

According to points already considered in Interrogatory Nos. 2

and 7, City Disposal managed the disposal activities at the Ragen

site.




which it is alleged that, "defendants knew or should have known

that this manner of disposal would be likely to have a

deleterious affect on human health, the environment and private

and public property." In answering this interrogatory, also

indicate exactly what is meant by "this manner of disposal," and

exactly how "defendants disposed of these wastes in an

irresponsible and negligent manner" and identify documents which

relate to the same.

ANSWER;

The defendant knew or should have known that the practice of

dumping wastes and barrels containing wastes onto the open

ground, at a depth of probably no more than fifteen feet from the

-25-

present ground surface, with no protective measures taken to

guard against the combustion of the substances or their entry

into the groundwater, would result in harm to human health, theenvironment and public and private property. The Wariyn

hydrogeological study shows no effort was made by the disposers

to prevent entry of materials into the groundwater.

Scientific literature in existence at the time of disposal

activities reflects significant understanding of the toxic and

volatile nature of the wastes. While it would be unduly

burdensome to provide an exhaustive list of references, several

illustrations are included herein:

Acute toxicity tests on vinyl chloride were carried out by

Patty in 1930, as referenced in the EFA water quality criteriadocument.

According to the American Conference of Governmental

Industrial Hygienists, Inc., numerous articles have appeared

since 1949 describing conditions and problems in PVC production

plants in Eastern Europe. Torkelson, Oyen and Rowe were first to

report studies to determine long-term repeated exposure. This

article was published in 1961.

Lehmann and Flury reported on the toxicology of

tetrahydrofuran (THF) in 1943. This is referenced by the

American Conference of Governmental Industrial Hygienists.

Xylene toxicology is referenced as early as 1954 in the

American Conference of Governmental Industrial Hygienists.

It is apparent from these references that the harmful

effects of these substances were known at the time of alleged

-26-

dumping at the Hagen Farm. Patty, F.A. et al., 1930. Acute

response of guinea pigs to vapors of some new commercial organic

compounds. V Vinyl chloride. Pub. Health Rep. 45tl963.

For additional facts and documents, see answer to

Interrogatory No. 8.

INTERROGATORY_NO._1Is



which it is alleged that the "contaminants have leaked and

continue to leak .into the groundwater and the quality of

groundwater at or in the vicinity of the Dunkirk site has been

significantly degraded."

ANSWER;

The Warzvn hydrogeological study found that the waste was

probably placed no deeper than fifteen feet from the present

ground surface on the Ragen site. Well samples taken on the

Hagen property (as set out in the Warzyn hydrogeological study

and later samples) show migration through saturated and

unsaturated soils of up to forty-three feet vertically. In

addition, water samples taken in areas adjacent to the dump site

(see Warzyn hydrogeological study, DNR files and test results),

reveal that substances on the Hagen site have migrated with the

groundwater. No other likelv sources of contaminants have been

identified. The substances are not naturally occurring.

Contaminants in varying amounts continue to show up in ground-

-27-

water samples. Assuming groundwater Clow, this indicates that

leakage into the groundwater continues.

INTERROGATORY NO. 12s


Plaintiff's allegations in paragraph 11 of Plaintiff's Complaint.

ANSWER;

See groundwater test results in Warzyn hydrogeological study

and well sample lab analysis sheets. See answer to Interrogatory

No. 8. In addition, see standard references materials:

NIOSH/OSHA - Occupational Health Guidelines For

Chemical Hazards

DHHS (NIOSH) 81-123 - Documentation of the Threshold

Limit Values. (4th ed. 1980); American Conference of Governmental

Industrial Hygienists, Inc.; Carcinogens, The Second Annual

Report of Carcinogens (1981) , National Toxicology Program.



Plaintiff's allegation in paragraph 18 of Plaintiff's Complaint

in which Plaintiff alleges that the contamination of groundwater

constitutes a "continuing public nuisance."

ANSWER:

Public nuisance is continuing because tests of groundwater

as decribed above, demonstrate leakage from source on Hagen

property is ongoing. Plaintiff objects in part to this

interrogatory because it does not seek evidence but asks

-28-

plaintiff to give legal analysis on what constitutes public

nuisance.

INTERROGATORY MO. 14;


Plaintiff's allegation in paragraph 21 of Plaintiff's Complaint

in which Plaintiff alleges that the 'disposition of the

aforementioned toxic and hazardous wastes constitutes an extra

hazardous activity."

ANSWER;

Plaintiff objects in part to this interrogatory because it

asks plaintiff to give its legal analysis as to what constitutes

an extra hazardous activity. To the extent that facts are

requested, the following is provided:

The volatility and flashpoints of the major waste

constituents at the Hagen farm are listed below:

Vinvl Chloride - Vinyl chloride is a gas at room

temperature. It has a vapor pressure of 2660 mm at 25°

centigrade. The flashpoint is minus 108 F. Vinyl chloride is

considered highly flammable (2300 mm vapor pressure at 20°

centigrade).

Tetrahydrofuran (THF) - THF has a flashpoint of 5°

F. Its vapor pressure is 131 mm at 20° centrigrade.

Xvlene - Commercial xylene's are mixtures of 3

isomers: 0-, M-, P-, xylene. The properties of each isomer are

as follows:

-29-

0 minus xvlene. Flashpoint 115° F. Vapor

pressure is 5 nun at 20° centigrade.

M-xylene flashpoint is 85" F. Vapor pressure

is 6 mm at 20° centigrade.

P-xylene flashpoint is 81° F* Vapor pressure

is 6.5 mm at 20* centigrade.

Vapor pressure is an index of the volatility of a

compound. For example, the vapor pressure of water at 20°4"

centigrade is 17.5 mm. One atmosphere of pressure is equal to

760 ram.

In addition, see answer to Interrogatory No. 8.


Indicate in relation to each of the four claims for relief

the exact basis upon which Defendant Waste Management of

Wisconsin, Inc., as an alleged transporter, is liable to the

Plaintiff.

ANSWER;

Plaintiff objects to Interrogatory No. 15 because it does

not request evidence and asks plaintiff to give legal analysis as

to liability of the defendants.


Indicate the reasons why Plaintiff has not sued the current

owner of the site and/or past owners of the site.

-30-

ANSWER:

Plaintiff objects to Interrogatory No. -16 because it is

irrelevant, does not request evidence and asks plaintiff for

legal analysis as to liability.

INTERROGATORY NO, 17;

If not answered above, identify each and every non-

governmental person or entity which the Department of Justice,

the Department of Natural Resources, or any other state agency or

department has consulted with and/or has investigated or

performed tests in regard to the disposal operations at the site

and/or environmental damage. Indicate for each person or entity,

if applicable:

(a) name and address;

(b) position;

(c) employer;

(d) when the party or entitv was consulted and/or

performed activities;

(e) nature of consultation and/or activities;

(f) whether such person will be called as a witness in

this matter as an expert or otherwise;

(g) who paid for the services or consultation

rendered;

(h) the identity of any documents qenerated by such

person or entity.

-31-

ANSWER!

Plaintiff objects to answering this interrogatory, to theextent it requests information regarding investigative and other

research done by or on behalf of the Department of Justice, in

that such information constitutes attorney work product.

Department employes have had numerous contacts with theplaintiffs in Case No. 83-C7-1116 regarding the condition of

their water supplies. To the extent these contacts can berecalled, they are reflected in memoranda, lab slips, facility

contact forms and letters on file at the Southern District

office, and the burden for ascertaining or deriving this

information is the same for both parties.

Department employes have also had contacts with Warzyn

Engineering, in the context of work done on behalf of Oniroyal,

Inc.; with Uniroyal, Inc., and Prank Krawcek and Robert Miles in

particular; and with Chemical Waste Management, with respect to

disposal of the barrel found at the Hagen farm in the summer of

1981. Details of these contacts are reflected in answers to

other interrogatories herein and in documents in the Southern

District files.

Department personnel have also had contacts with Raltech

Scientific Services, Post Office Box 7545, Madison, Wisconsin

53707 (241-4471). Raltech analyzed samples collected by

Department staff on July 30, 1981 and October 16, 1981, and

-32-

analyzed split samples for Uiroyal on January 27, 1982,November 16, 1982 and April 19, 1983.


State whether or not Plaintiff has any information

whatsoever which would indicate or tend to indicate that

defendant Waste Management of Wisconsin, Inc. is not responsible

for the alleged transportation or disposal of waste to and at thesite and/or any alleged environmental damage. Indicate the

nature of such information and the name of the person who is most

familiar with said information or who has custody and control of

such information, if in writing. Identify any and all documents

which would indicate or tend to indicate that defendant Waste

Management of Wisconsin, Inc. is not responsible for the alleged

transportation or disposal of waste to or at the site and/or any

alleged environmental damage.

ANSWER:

October 1, 1980 complaint form or contact form filled out by

Debra Horn regarding a conversation with Russ Reppen (telephone

number 873-3881). He remembers Uniroyal dumping there but did

not say if City Disposal was there.

October 28, 1981 facility contact form. Truman Felland did

not think that the City of Stoughton's waste was going to the

Sundby farm. He thought waste was deposited there prior to 1958.

November 5, 1980 notes by Debra Horn regarding conversation

with Richard Wolowicz (telephone number 273-2500) about Oniroyal

-33-

wastes. He had found in the records that disposal from April 30,

1965 to December 1976 was done in the Town of Dunn.

November 5, 1980 notes by Debra Horn show she had a

conversation with Don Otter (telephone number (414) 476-8858).

Otter remembered hauling wastes to Town of Dunn, not to the Town

of Dunkirk.

February 7, 1983 letter of Ricard Wolowicz, employe ofOb Vi*s»ignieoyal, to Mark Giesfeldt states that wastes from December 26,

1962 to April 30, 1965 went to the Town of Rutland. To the best

of his knowledge, they did not dispose of materials in the

Dunkirk site.


State the name and address of each and every person or

entity which the State knows or believes to be or have been a

transporter of waste materials to the site for the years 1950 to

present. For such oersons indicate:

(a) the name and address of the person;

(b) the materials so transported;

(c) whether such materials were hazardous wastes or

hazardous substances or are toxic;

(d) whether said wastes have degraded the groundwatec;

(e) whether said wastes are within the categories and

identifications of wastes listed in paragraph 7 of Plaintiff's

Complaint;

-34-

(f) the identification of all documents relating to

each "such transport.ANSWER:

The basis for knowing that City Disposal and Oniroyal were

transporters to the site is answered elsewhere. For other

transporters, see DNR file and in particular, note February 11,

1983 letter of Stoughton Trailer, Inc. to Doug Morrissettestating that Stoughton Trailers transported cardboard boxes, wood

crating materials and general office-type wastepaper to the

site. The address of Stoughton Trailer, Inc. is 416 South

Academy, Stoughton, Wisconsin (telephone number 873*6621).

INTERROGATORY MO. 20:



disposer of waste materials at the site for the years 1950 to

present. For such persons indicate;

(a) the name and address of the person;

(b) the materials so disposed of;



(d) whether said wastes have degraded the groundwater;



Complaint;

-35-

(f) the identification of all documents relating to

each such disposal.

ANSWER;

Same as Answer to Interrogatory No. 19.

INTERROGATORY NO. 21s

If not answered above, indicate whether the State has

identified, or has any knowledge of, any other materials or

wastes, toxic or otherwise, which were deposited at the site

other than those identified in paragraph 7 of Plaintiff's

Complaint. If so, indicate and identify all wastes, whether or

not they are toxic or hazardous, and who were the generators,

transporters and disposers of such wastes.

ANSWER;

waste materials deposited at site:

Acetone

Butyle Acetate

1,2-Dichloroethylene

Tetrachloroethylene

Xylene

Tetrahydrofuran

Vinyl Chloride

Chlorodifluromethane

Dichlorobromomethane

Toluene

-36-

Benzene

Ethyl Benzene

Trichloroethylene

Dichloroethylene

ChloroethanesChlocobenzene

Demolition materials

Vinyl materials

Assorted junk material

Except for assorted non-toxic junk material (including tires

and junk vehicles) , all materials are believed to have been

generated, transported and disposed of at the site by defendants

Uniroyal and Waste Management.




generator or source of waste materials to the site for the years

1950 to present. For such persons indicate:

(a) the name and address of the person oc entity;

(b) the materials so generated;



(d) whether said wastes have degraded the groundwater;

-37-



Complaint;

(f) the identification of all docuaents relating to

such generation.

ANSWER:

Sane as Interroqatory No. 19.

INTERROGATORY NO. 231

Identify any and all persons within the knowledge of the

State who have contacted any representative of the United States

Environmental Protection Agency regarding the site and its

disposal operations and/or any alleged environmental damage. For

each such person state the following information:

(a) the representative of the United States

Environmental Protection Agency so contacted and by whom;

(b) the date of such contact;

(c) the nature of such contact, including a complete

description of any exchange of information during such contact;

(d) the identification of all. documents as evidencing

or relating to such contact.

ANSWER;

David <3. Stensby states that to the best of his

recollection, he contacted the Environmental Protection Agency

about the site around November 25, 1981. Stensby recalls talking

-38-

with David Homer and/or other toxicologists in Region V of the

EPA. This was done in conjunction with other investigations ofthe lab results from private well samples. To the best of

Stensby's recollection. This is the only contact he initiated

with the EPA regarding the Ragen farm site.

John Oaks, O.S.E.P.A. (telephone number (312) 886-6391) was

contacted by Robert C. Niles, Oniroyal Director of Environmental

Control. Mr. Oaks later contacted Gary Edelstein of the

Wisconsin Department of Natural Resources in a August 18, 1981

memo. See DNR file for memo.

Joe Prince, regional Toxlcologist of U.S.E.P.A., Region V,

(telephone number (312) 886-6188) was contacted on November 25,

1981, by Debra Horn, Wisconsin DNR, to discern what potential

health threats there were from acetone and tetrahydrofuran.

Daniel Banaszek, Chief State Technical Unit, and Karl

Klepitsch, Chief Waste Management Branch, both of EPA Region V,

discussed the site with Deb Horn on August 20, 1981. They both

drove by the site with Deb Horn and Wendell Wojner on that day.

Richard Karl, Wisconsin State Implementation officer, EPA

Region V, has been contacted on various occasions for technical

assistance and advice.

Russell H. Wyer, Hazardous Site Control Division, Officer of

Emergency and Remedial Response, D.S.E.P.A., 401 M Street South-

west, Washington D.C. 20460. Letter of February 24, 1983, from

Tom Dawson, Department of Justice, Public Intervenor, to Wyer,

requested that the Hagen site be put on the Superfund list.

-39-

Norman Niedergang, EPA Region V, was contacted by

Gary Edelstein, DNR Hazardous Waste Section, on January 27 andJanuary 31, 1983, These contacts related to the Hazard Ranking

System (HRS) score for the Hagen site as a potential Superfund

site.

Jonas Bikinis, BPA Region V, was contacted by Gary Edelstein

on at least one occasion in May 1983, with respect to the RRS

score for the Hagen site.

See also answer to Interrogatory No. 4.


Describe the facts known or believed by the Plaintiff

relating to the relationship among Waste Management of Wisconsin,

Inc., Acme Disposal Services Corporation, and City Disposal

Corporation, and provide the source of said facts.

ANSWER;

See answer to Interrogatory No. 6. In addition, documents

on file with the Wisconsin Secretary of State show that:

1. On November 3, 1959, Acme Disposal Service

Corporation was incorporated in Wisconsin.

2. On November 4, 1961, City Disposal Corporation was

incorporated in Wisconsin.

3. On August 26, 1967, city Disposal Corporation

merged into a single corporation with Acme and Acme was the

surviving corporation.

-40-

4. On December 10, 1971, Acme changed its name to

Waste Management of Wisconsin, Inc.

INTERROGATORY NO 25*

If not already provided above, indicate all facts in the

possession of the State which relate to the use of the site for

disposal of waste by the following persons, corporations, or

governmental entities:

(a) Ace Disposal;(b) Highway Trailer;

(c) Stoughton Cab and Body;

(d) IKI Manufacturing Company;

(e) Armour and Company;

(f) Midwest Rubber Manufacturing;

(g) Rein, Schultz & Dahl, Inc.;

(h) Millfab;

(i) Nelson Industries;

(j) Stoughton Airport;(k) Town of Dunkirk;

(1) Town of Pleasant Springs;

(m) City of Stoughton.

For each, identify:

(a) the source of such knowledge;

(b) the amount, identification and characterization of

such wastes;

-41-

(c) whether or not such waste is toxic or hazardous;

(d) why such entity was not sued;

(e) all documents which relate to or evidence such

disposal;

(f) when such waste was so disposed;

(g) the current address of such person, entity or

governmental entity and whether or not it remains in existence at

this date;

(h) whether or not the Department of Natural Resources

or any other state agency has communicated with such entities

and, if so, the responses which have been received.

ANSWER:

All information relating to this Interrogatory has been

.answered above or may be found in the Department of Natural

Resources Hagen/Uniroyal file. The plaintiff objects to

Interrogatory (25d) on the ground that it does not seek any

discoverable matter.

Dated this 20^ day of .T^ c 1983.

WENDKLL J; ,WOJNER./

STATE OF WISCONSIN )) SS.

DANE COUNTY )Wendell J. Wojner, being duly sworn under oath, signed the

foregoing Plaintiff1s Answers and Objections to Defendant1 s

Interrogatories to Plaintiff as an agent and employe of the

Wisconsin Department of Natural Resources, that the responses set

forth are based upon information obtained from public records in

-42-

* <\

the possession of said Department and from various persons

employed by said Department, and that said responses are true tothe affiant's best knowledge, information and belief.

HENDBLL J. WITHER

Subscribed and sworn to before methis -fcF^ day of tTU->,c_ , 1983

NOTARY PUBLIC, STATE OP WISCONSINMy Commissions * ,

The undersiqned attorneys sign with respect to each

objection set forth in this response to interrogatories and the

response to the request for document production.

Dated this 2Q day of O"u~< , 1983.

CJL*CARL A. SINDERBRANDAssistant Attorney General

ROBERT A , S E L K /Assistant Attorney General

Department of JusticePost Office Box 7857Madison, Wisconsin 53707-7857(608) 266-3936(608) 267-7163

-43-

NO

7,377WARRANTY DEED " * »p«" «»"«» -°" «-=«"<> =—

=TATE BAH OF WISCONSIN FORM 2 — 1982 Attachment 4SECiS7€-.'S '.'fi-:£

. wl.S:

Orrin H. Hageniafii'87

. . ... ... ... . , . . . . . . . .".grants to Waste Management of Wisconsin

Inc.* ti«* IT

the following described real estate in ,.State of Wisconsin:

.County,

Jesse S . I s h i k a w aP . O . Box 1806

_ M a _ i s - - U 3

Tax Parcel No;

The East 1/2 of the Southwest 1/4 of Section 10,Township 5 North, Range 11 East, in the Town ofDunkirk, except that part lying south ofCounty Trunk Highway A

This is .not ... . homestead property.{isj (ia not)

Exception to warranties: See attached Exhibit A.

Dated this day of . . ...February

( S E A L )

, 19 87

Orrin N. Hagen

( S E A L ) ( S E A L )

A U T H E N T I C A T I O NOrr in M. Haaen

A C K N O W L E D G M E N T

STATE OF WISCONSIN ,

................. ................ ^.ajlc............................County. )authenticated this_2:lthd«y of...jfebru&ry........ 19.8.7.. Personally «•--*•' '• •'--• - • • • - ! <- •-•

...;..SC.r.U3.rv.................. 19...?..'.. the above nameo---------- ......Qcr.in...N.,...Hagen........... ..... ................. . .

TITLE: MEMBER STATE BAR OF WISCONSINi If not, .....................................authorized by 5 706.06, Wis. State.)

THIS INSTRUMENT WAS ORAFTID BY

Atrcrr.ev C-arv- M. Vcur. -

to me known to be tht p«rson ............ who executed thetoreeoine instrument and acknowledge the same.

...... — .-,......-....................„...................................... Notary Public ,.V*n.e............................ .Count;.,I Signatures may be authenticated or acknowledged. Both Mv Commission is permanent. (4f--n»trare not necessary.) j_ _ _ _ _ _ _ _ _ - - - - - — -------

•Manu* of ptmjni ><nlo«

WAJIRANTT DEED

E X H I B I T A

vfc 938C?w£ 18

The East: 1:2 of the Southwest 1/4 of Section 10, Township 5North, Range 11 East, in the Town of Dunkirk, except that partlyir.g south of County Trunk Highway A, all in Dane County,-he State of v." is con sin.

Subject to an easement and right of way for pipeline to BadgerPipe Line Company and its successors^and assigns, recorded onMarch 13, 1954 in Volume 267, Page 33, as Document number 369614,Dane County Register of Deeds.

Subject also to a right of way for pipeline to Michigan-WisconsinPipe Line Company dated August 17, 1949,recorded in Volume 224,page 204, as Document number 785973.

Subject also to an easement for electric line to the WisconsinPower and Light Company dated September 22, 1965, recorded inVolume 434 of Miscellaneous, page 189, as Document number 1145371,

Subject also to an easement for electric line to Wisconsin Powerand Light Company recorded on June 20, 1974, as Document number1401538.

Suc^ect also to an easement dated August 26, 1977 and recordedin Volume 352, page 203, as Document number 1535850.

LEASB Acszonr At tachment 5Page 1 of 3

THIS AGRZEMEKT entered Into to duplicate by end between MOU B.

SUNDBY, party of the (trie pert , leiior, cod CITT DISPOSAL SEXVICB, D*C., party

of the lecood pert. lessee,

W . I T H E S S E T Bi

The lessor does hereby lease, demise and l«t unto the lessee the

following described premise* situated tn the Town of Dunkirk, County of Dene end

State of Wisconsin, to-wit:

Approximately tea (10) ecres In the Northeast Quitter of theSouthwest Querter (101% SVk) Section Ten (10), Tova Five (5)North, fenge Blcveo (11) EMC lying north of Highway A tadbeing thJt pert of leaser1* gravel pie area In which alulaeoperations h*v* been completed, *eid tee ecre ere* being M>rip4rtlcul*rly described on etucbed Schedule A.

Seld prealses should-also Include « rlt^t-of-wey ovtr theexisting north-south road Itedinf frov hl|hway A to the leasedpraises, to be used for purposes of Ingress end egress to endfrom seld leased premises by lessee, It* assigns, agent*,licensees and permitees.

Lessee shall hold for a ten of six years and one aonth beginning on

the 1st dey of December, 1962, and ending on the 31st day of December, 1968, the

lessee yielding and paying therefor the SUM of $3,650.00 for the term, payable et

the race of $50.00 per month, payments to be mad* on the flr*t business dey of each

and cvtry month during ssid term et loute 2, S tough ton, Wisconsin, or ac such other

place a* lessor may designate, the first payment to be made on the 1st day of

December, 1962. Said leese shall automatically be renewed for addition*! sU

year terms, unless the lessor or the lessee shall give notice to the other la

writing to the contrary et least thirty days prior to the end of the term of this

lease or the «nd of any renevel term thereof.

The premises herein leased and every part thereof shall, during said

term, or any renewal thereof, be used for purposes of disposing of garbage, refuse,

junk and Industrial wasce by the lessee, its siaigns, agents, licensees or permltees

Attachment 5Page 2 of 3

of such gsrbag*, refuse, Junk sad industrial wastes to b« by us* of

the land-fi l l Mthod by which ill syeh wastes are to b« covered daily to that

none of iuch wastes an txpostd. The Utic* herein Is specifically prohibited

from engaging In the burning of any itich wastes at any time during the tern ofi

chls Icaae or any renewal thereof.

The lease* shell carry adequate liability insurance coverage protecting

Itself and the lessoc from liability claims arUtng out of the operation of a dump

on the l«aaed premises and the Itiiee •hall froa time to tine furnish evidence

co the lessor of such Insurance coverage.

All real estate taxes on said premises shall be paid by thai lessor.

The lessee agrees that In conducting dumping and disposal operation*

on the leased premises, It vlll sblde by ell regulations and lev* of any govern-

mental body having jurisdiction ovtr such dumping and disposal operations;

provided, however, that if the Town of Dunkirk or any other governmental agency

prohibits duaplng and disposal operations on the dealsed prealsea, then the lessei

herein shall have the option to terminate this leas* upon giving e thirty day

notice of termination thereof In writing to the lessor.

The leaser shall have the option to terminate this leas* upon tea (10)

days' notice in writing to the less** if the less** shall coenit any private or

public nuisance on the leased premises or shall permit • nuisance condition to

exist thereon, or shall violate say rule or regulation of the Town of Dunkirk or

the State Board of Health, or shall operate its dispose! operation* la * manner

not approved by the State Board of Health.

The lessee shall hive the right to post "no trespassing" signs on or

about the premises and the right to inatitute prosecution of trespassers on the

previses; the lessee shall also have the right to construct • fence around the

demised premises at Its own expense, provided, however, that such fence shall

become the property of the lessor at the termination of the lease.

The lessee shall have the right to use for fill purposes On. the'l«ss«d.

premises any fill, dirt,•2-

or aand or gravel froa ch< letted prealaea at no additional charge; leaeor

agrece to furnllh addiclooal fill froti outalde cht Ititcd preaiaea. If needed

by tht Icaeea, at no additional charge to th* leasca, except that leaaet vlll

be obligated to haul all euch fill at It* own expenae.

iTha leiaea expreaely agreea to quit and dallvar up laid prenlaea to

th< Icaior peaceably and quietly at the cod of laid tan, or any renewal thariof,

Tba leant, upon request of tha leaaor, ahall Inatall oo the laaaed

prenisia aueb fcncaa vlth gatta aa tha laaaor ahall daaa oeceaaary to protaet

the prealaea froai treapaia by unauthorised pcraonj, and aufflclant to cooflaa

within tha leaaad prealaea all looaa ItaaJ of girbtge, refuaa and rubbish.

thlt

IK WITNESS VHER£OF tha partlea have hereunto flat their haoda and icala

* day «f December, 1962.

In rreaanca of: eHora E. Sundby, Leaaor p

CITY DISPOSAL SERVICE, tHC • leatee

BT; $_•£/&* Cs C&$6/^J2^2Ageat

AJ holdar of » option dated November 13, 1962, for laaaa of tha above

prealaes, I hereby consent to the above leaae between Hora B. Suadby, leaaor, and

City Dlapoaal Service, Inc., aa aaelfnee of «y aald option.

Dated: »aca»ber . 1962.

($& dPctar 0. Abelea

-3-

A t t a c h m e n t1 of 3

DEEDSMILWAUKEE

coax(K*a« tf C~»~»tt-) -^

tfc« MrttflcaU of th« S«er«Unr of 3UU of WUcocuti ud 1* d«erib^ l»

r * • J^' 1T* f

UM «adtralfa*4 for the purpose of forming a WLwoajlu

Under Chapter 110 of th4 Wlieoruta lUtuten

ArtioU 1. The name of the oorporation ahaU be^ACMg'; ' pCPOflAl. SERVICE

A t t a c h m e n t 6 T'lPage 2 of 3 •'• j

ArtteU I. ,Th« period of axljUaet •Kill b« pcrp«tual.

ArtfcU I. Tb* porpo««« ah ill bt (a) To carry on tlw bualn««i of*«*TtttfUft laclaAlAf tW coUecdng and diapooal of *uU maUri&U*r*'Ujt» f"^M*i wbjt*, offal aod nibbiab of war/ elui and dc«-

aad to do all tkln|« lactd*nt Ihtrtto; aad (b) To carry ontht boalaaat of laeiaArtlla bonxlaf, r*adtrta< and othtrvlct dl«-

of vut* a*t*rlal*. r«fu«; (trbefe, aahai, offal and rubblahrrery eUji aad ttaMripHoa aad to do all thlafi Incident thereto.

"'/•ArticU 4. The auzaber of ehArea vhlch II ahall have authority to v

valu* of ah*rM. .mharac wlthovt par '

or ataU-Serlea •.'V;..' . Share a

~ •"/ * i . " '

M

meat that a hare a arepar valna

Without par value', Gonna oa>#- .

ArticU 8. The pr*f«r*nce«, UmlUtiona, dealpiatioo. tod reUtive *rl|fata of each tl»** or aeriea of atock are - NONE

I. | A<Wr*M of inltiai reglatcred office U: «fli y, wMr«r0«——-• *.'*•.- - «^* f'**t "Ur*'A". F*'*^*'1'

'ArticU T. Nane of LaitlA^ re(iet«r«d agent at each addreaa la:

ArticU I. The mnnb*r of dlrectora conatitutinf the Initial bo*K of'director! ahail b« tare* (Jl. Tbarcafter Uu oumUr maybe fly^d by

ahaUiukbttleaa

PCDER3EN

addrcia of Incorporator (or Incurporatora) are:

' ADDRESS

134 South La5.aU* Street. ChlcafO 3, 111.

Article 10. (Other provialou) NONE

Article 11. These artlclea nay be amended In the manner authorlxed bylav at the time of amendment.

Executed In duplicate on the 2nd day of N^ember,

. k *

cer t i f icate mu «t b« re lum«d to tho S«r«t»ry IfSUU U eompl«t« (h« lt(«l requirement*


OFFICE OF

REGISTER OF DEEDS

The undersigned, as Register of Deeds of _

certifies that, orvthe -__<4— — day ofi

accepled for record in my office an instrument OK behalf of

UWAUKttcounty, Wisconsin,

was received and

JCKX.PJUfKKAL..SERVICEt. INC...(N»m« of Corporetlon)

which instrument bears the certificate of the Secretary of State of Wisconsin and is described in such

certificate as

(Show n»tur» of fautniment)

Witness my hand and official seal this , _ _ v X _ _ . _ day of

(Seal)

19.

Register of Deeds C"V

•VrT-liTY REGISTER OF DEEDS

r-.i-i-.iu.. ^ t t achment 7 •-2 of ^

ARTICLES OF INCORPORATIONEzecuted by the undersigned for the purpose of forming I Wisconsin corporation under Chapter 180 of the

Wisconsin statutes:

Article 1. The nam*. of th« corporation shall be CITY DISPOSAL SERVICg, TMp .i

Article 2. The period of ezijUnce shall b« Perpetual

Articles. The purposes shall be to carry on the business of scavenging, tncludthe collecting antf disposal of waste materials, refuse, garbage,ashes, offal and rubbish of every class and description and todo all things Incident thereto.

Article 4. The number of shares which it shaO havt authority to brae, itemized by classes, par vtlntof shares, shares without par value, and series, if any, within a class, b:

8*lM MvMbv W Fw n!w p*r ik*n *r lUUantCUM Of »•!> Shut* U»t »UN* u« wiihotit pM n)w

Conmon None 1,000 Without par value

Article 5. The preferences, limitations, designation, and relative rights of each class or series of stock,are

None

Article ft. A-Mr-T ** f-'**-1 «?•*»•* »^« !• 828 Mnrrh Rrnadwavr

— Wisconsin

Article 7. Name of initial registered agent>t such>ddrea is Roger S. Bessev

Article 8. The number of directors constituting the initial board of directors shaD bt.Thereafter the number shall be fixed by by-law but shall not be less than three.

Attachment 7

3 of 4

INSTRUCTIONS AND SUGGESTIONS

1. ArtfcJf l! Tii KABM UO«T OMtala "CorpanlhV iMOTporitod,* m "U^ud," «r tbi ibbrivUtlon of oat ttl ttow *«•«.

). Artl«t* 1 t«Mrt "p«rp*tt»J "M IIMTI »a/ I«IUIt»B tmktl.

I. Artlito t. W*7 itowtuihorUtd bj Ckaptoi 110,

pvpoiw »r »*7 ••*•« »**l tto wrporittoa BMJP M(ifi IB *•? Uwfd

(To* lUtau iipnMly «UtM Ikil II b NOT MMBMT? U <•«•«*(* U* p«*mO •

4. Artl«l* I. TUi MMM, h•f ito«k «ad *i bilwa «rl«« W fto«k U »»7 •!•••.la ri|BU u to MIJM «l uy ttMh

n to t< iht

I. ArtkJ« . TB« wt t nKton.

t|*at tt •«*. A*f dlrKton.

1 ArtWt 1 If H h Mt taind U Un tkt V7*t»«i t* tki n«te «f tfrMtora, Ika MMaJ mttaM tf IUai I m*

7. TB« n«W of laMfywratara b nlWud; lW« atay to Badf MB «r (Van a»*j b« M *»BJ u italnd.

I. ArtUb 10. TkJU utkb to pf»vfd*d M B pUeB )• whlek to IBM* »aj aWnd autoritl incb u tutrlctlai prMaptlvi ri|hti,

t. Ankln Burt b< uicatod ud Mat to ta« SMntary W SUto, W*4UM J, to dtpRMto— «M to to 11*4 la Ui •fltt, 4*4 »M vhkfea»rt b« r«c«rdH U ik« ••*• •/ tto rubur «f *M4« of li* wsitf wbcr*la ib* rifburid ••«wfll to eartlM *a4 r«tva

li (Mitod. CorponU at*«a*a vtoa 4TtlclM M« Wl to nmrtf with Ib* rt|titw dl dnd«.

10. nn. IfftMk IB I3S.OOO wlM. IU.OO. iritoito<kbMr*lk«BntV)OO.fHlif1.00p«|l,000. ForrtMkof BOMfTWw,1MO IBMM *r !«•, 135.00; BMK ttoa 1350 *k*rw, 2< pw tton. If itock «f par nlot tad ftotk tt B* par vdM, II p*r 11,000 oa ttop*r *tla* riMk plw 3i ftr ikv« «a tto •« pv Mock : »i«l»»» fM, I2S.OO.

f"' _ if C — »•l»,f * ;«

•

B!"i°'slCO l>

oa

t^ ..I . .• .

Attachment ?Page 4 of 4

Article 9. Tb« name and address of Incorporate (or Inoorponton) art:

NAME ADDRE33(•••W, (M

Artid* 10, (Other provbiou)

None

Article 11. Thew trtides 0117 b« amended in tb« manner autboriud by Uw at tht tim« of amendment

Ez«cut«d In duplicaU on tht....ZBth.. day of... JJavetober....,...., 19--6L.

STATX or

...qy«Ber......._...A. D.

to «« t«wn to 6< (fc< piritn.. u&o cxtculcd t)U fongoiitg initrumtnt, and

oOSay. . >M«X7

ommwton

A t t a c h m e n t 8

United Stales of AmericaState of Wisconsin

Department of State

to Worn 3 SUi ome.

The undersigned, ax Secretary of State of the State of Wisconsin, hereby certifies that, on payment

of the fee required by law, there was filed in my office on the . JLS^Jl. day of _FftkClUtcy._.,

Amendment to Articles of Incorporation

of

CITY DISPOSAL SERVICE, INC.

Changing name to-CITY DISPOSAL CORP.

/ further certify that a certificate has been filed in my office to the effect that a duplicate thereof,

bearing my certificate, was recorded in the office of the Register of Deeds of Milwaukee County,

Wisconsin, on the 22nd day of February 3 -

In Witness Whereof, I have hereunto set my handand affixed my official seal, at the Capitol, in the Cityof Madison, this 2jth day of FebruaryA.D. 196

ROBERT C. ZIMMERMANSecretary of State

\

A t t a c h m e n t 91 of 14

ornci orREGISTER OF DEEDS

4.rte rmN In Mf «*•» u IwtroibMt w btHttf rf

Cltt OI3PC51L CORf.Uto

3UT7ICZ CCU>OFa;!CM

(MMM rf

the

of »a

U nek

M*J thU ..*?...... 6*9*

Attachment 92 of 14

Th« mdinifntd corporation*, purvuant to Stotloa.5 of ttM *Vlio«Miit Byiln«i» Corpor»tton

*«*o«t« UM follovlnc artiolo of M

ARTICU OK*

of Mtrftr !• •• follo«t:

A t t a c h m e n t : 9P|«e.3 of K

At oorpor«tlo«iMUnailon of th.

•orlM *»UU*4 to TOU ••

ofof«roi

ToUl VO.of Shftrast Of

wsroui.OOMOMT10V

oxn Joroux.OOVOKTXM

DtilATUtlonof Oust BB-titlo* to ToU• » •

oU»i or

lo. i-of •**

50

1.000

CO MCI

COMC*

50

1,000

.___iffiny- --, i.\. -..A* to ••oh oorpot«tloa» OM mj»o*r of »tem Toto4 for

tni ftcaiMt tto pUa, ro*po«tiT«l7( and U» D\a^«r of aharaaof any olait or ••rial otttltlod to ToU •• a «la»a or Mrl««

Toto4 for «a4 a^alnat tba pUa, «r«: Claaa Sbftr.- _ _ _ _Total Sharva Total Sharaa or fotod' Toto4

nm ?f r°Mtiolt is&J*t*cm ppwji nwicl

wOOVOMTV* 50OH! WBPOMt . 000

CO»0»T30I *.°°°

kc& tor—50

CO WOB

XX VintXSS VHUB07, ttu «n«3«r»t«n*<l oorpontlon hati

*rtlol«« of Mrgtr to b« «i«cut*<l la it« DIM by iti

rr«»U«at, atUtt^ by Iti S«ir*Ur7, thl> 26th da/ of

196T.RTOB^TIOIC

A t t a c h m e n t 9of U

PlflfOJAL 8IFTICI COCTOMTIOM

AMP

cm

Flam «nd Afrvoattnt of Mergar Mde And enUr»d Into

«• UM gtfth 4*7 of Ax^uat, 1967. by «nd b«tv««n ACM DX8FO&U

SBIHOB OOVOMTIOV, (hartln aoMtla»a rtfarwd to •• ACW or

tfe* ttu*lvll« oorpor*tlon), and CZTT DISrOSAL COXTOMT1DV,(btnln »ofl*tiM« T*f«rr»4 to •• CITY}, Mid oorpor«t.'.oo« h*r«-la«fter voaotlMt r«f*rr*d to Jointly •• UM eotutltutnt oor-

VBIMU3. AC HI It • oorporatlon organ li«d <M «zl«tlnf

«D4*r UM l*va of th* 3UU of Viaooniln, • CtrtifleaU ofUworporttlon haTln< b««n fllid in tM Offle* of UM 3»or»Ury

of 8UU of tha SUU of wi«oon«in, on UM 3rd daj of Nov*«b«r.1959/ •«! • oartlflad copy tharvof duly raoordad In th« Offlo*of UM Bieordtr of D*a4? for tha County of (Ulwaulna, ifi thaMid 8UU on tha 17th day of 0*caab«r, 1959, and th« prlaolpalofflfla of ACKB talnc located at 4230 North 126th 3 tret t,

Brookflald, Wl icon* In, and tha na»a of Ita ragiatartd a$ant inUMi*of bainc Stanlay Rualnikl; and

. tha total nuabar of aharva of stock "hi oh ACM

b«a authority to iaaut ia 5^ ahana without par valua, of «hioh50 abana an now iaauad and ou ta tand lng , and wi th tht aw>nd*entto UM artiolaa of Incorporation set out in Ar t i c l* VI h«r«in tha

total nuabar of aharai authorized ahalj. be 60 inarta; and

'- •' '•_* " *'*'«**-.>

-*' *" >ta" " *' "T' ln th. err., or u,. ..———*•—««-.»«"•*•; n •*> r.—«* «-•'or. U. Uh d.» of D.« —— r, 19*1. «* «.,„.,*«

«.H- u «- orno. or «- -oo^.r or^. .r -u-w th. 5"» «7 or »nu.a. 1963. «- «-==i-r^r--jrrrr-

II and^-^ ^ toUl n-b.r of '.Mr.. -Moh CITT ,-,

..-. » 1.C00..1—— P« ——• " ""* 1-°°°«>.„, .« lira* «- out.UnOlMi .n«

^ ~« .r oi»=-« " «rt " - eo"tltV-0t

-i«^««. 4M» » «•*»"»• °-1 "n M "™*4 1"t° W*^^rt««- d—— ^n.rt.r ..t ronh. I. ..oorUo-:rj:;:rr.;: of..«- -«- - -"-r. rr i:—.. - -—•-^ Z-»t.. —u.- ——• ——; -^u-

dnt. *r -ir w.«~ —— "^ .0 h.r.br ..«.. ...h -«h '»' •«" " foU°":

AFETICLE I

ACKB and CITY ahall b« Mr(*d into a atntla oorporatloo,

In aoeordanoa vith tha applicable p^Tltlon of tha lava oftfaa Stata of Wltconaln, by CITY Mrgirx< into ACKX, «hloh ahall

b/a tba aurrlTlnc corporation.

AKTICLt II

Upoo tha »arg«r b«coming « f f « c t i v « •* provldad In th«!»*• of UK Stata of Wisconsin ( th* tlx>a «h*n tha

W ta th« SffntlT* 44U of tlta )Un«r').1. Tne tfto oonttituent corporation* *h«ll be • tingle

eorporeUon, *Moh (hall tit ACKX •• tha • urvlrini corporation,M4 .fee »epar*te aniitanoa of CITY ahall c«na except to th*

provided by th« la«a of th« State of Wlacotuin la th«

of • «onx>r*tloo «fur iti i«n«r into anothtr oorpontloo.8. AQMB *hall tMrtupon »na th*r««fUr po«t«t» •!! of

tb« rijhts, prlvil*c«i, l*mmltl«> and fnnohltta, of a public•• will •• of • private nAturt, of each of UM eonititu*at

ooryorttiocii) and all property, nal. p*r«on*l and vlitd and

•11 d*hti do* on wh*t«T«r aeoount, Including tu'jtcriptloni to

f and all otfaor ohoM* in »ctloo, and avtrj othar iaUnakof or b*loncln( to, or dut to aach of th« oonatituent «oipor-• tiojM, ahall b« t«k«n and da«**d to b« Tait«d in taa aurvivin<

oorporatioa without fxirthtr act or d«*d; and tha titla to all

r»al a»tat« ( or any iAtaraat tnarvin, v*«t«d in *itbar of tbaeonatituant oorp^ntiona ahall not r»T«rt or b« in anj My

iapairtd by nasoa of tha Mrgar.

3. AC« ahall th*nc«forth b« rcaponal^la and liablafor all of th« liabilltitt aod obligationa of aach of tha oonJtituant oorporatlonaj and any cUl« axiacing or any action or

profiaadinc p«ndinc by or againat «ithar of tha constituent

oorporationa »ay *>• prosacuttd to Judgeownc J» if tha Mrg«r hadnot takm plaoa, or th* aurviving corporation naj b* iub-

atitut*d in lt» plact, »nd neither th« rtRhti of crvditon, orany liana \^on th« property of t i ther of the constituent ocr-

poratioru ahall be impaired by the merger .

*. The •«rebate »mount of the net » i»« t t of the

oonjtituant oorporation *hlch «ae a v a i ^ a b l * for the pi/vent of

•3-

of

~i-t

U ftlM

tt*r»«f U BO* tranafamd to BUUd oaplUl toy tho

of • ha rat or otharwiaa, ihall aontinua to b« arallablofor tha p*r*a&t of dltldand* by tha aurrmn* corporation.

5. Tha ly-Uvo of ACW ai ailatln* and o<matituU4prior to tba affaotlva dat« of nar|«r lh*11 ** **ba iy-Laitio of tho autriTlnc oorporatloa.

6. Tba »o«r4 of Dlraoton and tba M«b«r« tbaroof, of tfe*oorpontlon* a hail b« S?AtfI£Y ICUIKSltl, aa Jhalnac

Of tha Board. BKAX L. BXarTICCK, JACOB &XX4W7XA, X>9J QKO7,

KTBOOOSS* and fTTKI H. HUIZIMQA.

T. TM offlQtr* of tha aui-lvlnc corporation ahall b«AOOB Bxwjnna, rraaidootj atAXLn KmosKi, Tio«-rr«id«ti

0. ABCJC3, Tlo« fraaldtnti and DKAI L. WKTJDCK. aa

aod Traaaurar.6. Halthor of tha oorpontlona partlaa to thia Acr*«**nt

aboil laaua or •«!!, or laa\» ns*ta to aubaerlba to, any ab*rtaof Ita capital atook prior to tna iiffaotiva data of thia &cr%«-

••at. Vvltfaar aorporatlon ahall daelar* or pay any dlvldand onita ooaaaoc* a took «rlor to th« affaotlv* d«t« of tha •*;

9. Xalthar of tha corvoratJona partlaa to thiaahall Incur, prior to tha a f f a c t i v e dat* of the Mrgar, any ob-

ligation not within tha oxpraaa cont«Rpl»tlon of thia Acrvvwnt,

vbathar by oontraot or oth«mlaaf axcapt ^unxant to tha axlatlnca^rarnanti an4 arransa**nta anO axeapt In tha ordinary OOUTMof bualnaaa, oor dlapoaa o* any «at*rltl portion of ita bualnaaa

or proparty.

AFJICUTha Miuwr and ba*ia of oor,T«rtlnc tha of aaeh of

Attachment 9Sof 14

ttmi*1, too* sharv of stock of CITY shall b* oonvsrt*d into

(1/100th) fully paid and non-assessabl« th*rv of

o*pital r.took of ACKI* th-e surviving oorporatlon, so that tb« 1OOO

s&uts of City shall b« converted Into 10 sharas of Aostt.t, Aft«r th« offootlTs data of th» iwrgtr, eaah owiwr of aa

ovtatantlAg Mrtlfloat* or oortiflcatoa thoratofor* representingsOmres of City shall bo ontitlod upon «urr»nderlng suob certifi-•ate a* certificates to the surviving oorporatlon, to r*coiv« in

4aob*BO tharafor 4 oertifloaU or osrtifloatas ropresantinc th«ouat>«r of ahaflsi of stock of the surviving oorporatlon into vhlob

Jttty tiMrvtofor r«pr«sent*d by the ourrtndarodit« or certificates shall h*ve boon eonv«rt*4 4* barolo-

sVbor* proridod. Until so surr«nd«r*d, aach outstanding eortlfi-cat« isMob, prior to offoetlvt dat« of tho nergvr, r*pr*sant«4sharoa of City, ah*U b* da-ond, for all oorporatt purposes, tortproxnt th« cnro*r»hlp of tho capital stock of the surviving

oorpcrmtloa on tho basis horolnabova providod.ABTICLE IV

ACME* ahall pay all *xp«nses of carrying this Agroovsnt of•src*r Into off sot and aooowpli thing th« merger heroin providodfor, including accounting and attorney's fees.

ARTICLE V

If at any tins the surviving oorporatlon shall consider or

bo advised that any furthor assignment or asiuranct In law isneoossary or desirable to vest in the surviving corporation th«

titls to any property or rights of CITY, the proper officers and

directors of CITY shall and Mill execute and make all such proptr

assignments and assurances in law and do s.11 things rwoessary or

proper to thus vest such property or rights in the surviving

corporation, and otherwise to carry out the purport of this Pltn

Attachment 99 o f

At to the turrlTis* oorporttlon, AOKKi the certified ofUMorpoc«Uott ahall b« uwnd*4 so as to provld* that the nuatorftf th.-\r*i nblth It Jthall h4Tt authority to iMua i* iu«li*4

Hu*&er ofShar« •

60AKTICLE Til

Thlt PlAA %nd Acr*«»«nt of•too)(holteT« o/ **eh of tb« constituenttor law, «M ahall tak* «ff*et, und b« dt*»«l to b« Ukvn to b«

of Htrgvr of *ald oorpor«tlon upon tt*of c&oh of

tttt

oocutltuont oorpormtion* la &ocor<lune« of the laws of tho 3t*t* of

Vltooo&iB and upon th* oxacution, fillip and rccorllitc of »uohdo<ru»»Dt* and U» doing of ruoh act* and things *.• aball b« r*qulr*

for aooo^lliMnc th« »*rg«r und«r th* provisions of tht applloablo•tafcutts of tbt Sts,t« of Wi»oon»ln, ts h«r«tofor« ajMndtd and

bsr*ln or •It.ewher* to tht contrary notwlthttandlncttols Plan and A4T*«»«nt of Merger nay be abandoned by either of the

constituent oorpcratlons by an sppropntte resolution of Its Boardof Dir*etor« at any tlae prior to its approval or adoption by th*»tockj*older* thereof, or by the mutual consent of the constituent

corporation* erndenced by appropriate resolutions of their respvc-tlTe Board of Directors, at any tin* prior to the effective date of

th* «Mrt*r.XX VXTXKS3 VHER20P, ACME and CITY >*ve each caused this Plan

and Aereeuent of Merger to be signed by a majority of the Board

of Directors and Its corporate seal to be hereunto affixed and

attested fry Its Secretary Ul ae of the day and year first

^Attachment 910 of

x, fiiui i. wrrsocr, tooivuiy Or AOI* DKTOUL nvics1 ^ .• ooiporttlon organ Ito4 tad «xlitiac vodor tho

of p£*tat« of VitooMlB, b»t»by wrtlfj, •• »ttM »*•! of th« M14 oozpontloa, ttMt th« PUn and

of Itorvtr to «hlob tbl* otrtifloou !• «tuoh^if aftor>••« fire* duly *Un*4 on b«h*lf of tb* Mid eorpontloa

b««&by • M^ortty of tto dlrooton thereof aod• atjoilfcr of tte of Cm OIAfOAAJ. COMK)MTID»,

• *o*poi«Uott of tho fltttoof ;Wl*««JiJi,Of tttt vitooMia ButiiMM Corporation

of tte

fifty ($0) «b«roo of tbo Mid AOXK DISVOUL ninesof Uw ib*r»§ of tooh ooipontloo

•y hand aod M4l of aald ACM DOTOaAL SIWTC1

OOVOMflOV, oo 26th <Uy of , 1967.

Bvmtrook, »*o r*tSry

of

'X, tCU lu WWfDCK, foertUrr of «TT

• •oiponUw ozgaalMd cad axiatinc wdar tha !•«• of thaSUta of VHnnniln. haraby oortify, •• toah Penury and und<tfa* »*«1 of tba Mid eorpontlon, that tba rlaa tnd Air«««nt'of ibt^ar 6v«hiah tbia MHtfiaau it attaoba4( if tar harij*b*«o firak 4«ly »ifx*4 on b*balf of U>a Mid corporation by a

and baviac **» tiCDad bytt DXSfOUL

of tba ftaU of VlaeonaiA, vat dulypMiiuaat'fco 8««ktoa 180.63 of tha Viaootiaia BuaintMl*m, Vy ttM waolMua wrltUm oooa«nt of tba abanboldanx>^°° »fcim af tte taU 02TT DEX3F08AL C^JVOMTIOII, b«in( all

of OM aharta of aoeh aorpontioo laioad and outataadlnc.band aad aoftl of taid CITT OUPOAAL COIVOMTIOM

17 of Autuat, 196?.

COBFOttTI8IAL

-9-


with

TVS AJOTS rUX AMD AOKEXXKNT Of MJDIJI, twin*

•x*out«4 by a Mjorlty of th* dirt a tor* of ««oh oorponu party»Bl havlnc b**n »dopt#4 aaparauljr by th* *toek>ieU«r«

of «t«h eorpor«t« p«rty Us«r»to, Iprorlilonc of M*» Vi»ooe«ia BuiAtat Coipontionfiol bavlnc b««a o«irtlfi*« on *«ld PUn «ft

by ttoo 5«or*tti7 of «»«h oorportU party tterato, th«cod I*«r«t«i7 of ••on «orpont« party ttM2«t« do DO*

«*14 Plan and Acn*w«nt of Narfar \nlar tfaa

aMla of tbair r»«p*otlY* oorpor«tlon«f by •nthorltyk«v'«toottoU«r* and atenboOA

aot, da«d tod •cr*«*»nt of ««oh of ••!*

of

•« ttM

•orp«r«tUM, OB thla 4*y of , 1967.

&cn oxsroajLt SIHT

cometsBUL

CITY DISPOSAL COtFOMTION

is NOOOVOMTI

Dl VmCBU VHMBOf, It* undtr*Un»d corporation h*»

«au**d UMM .rtlol.i of Mr««r to b* «i«autM Ui it* MM bytt. FmidMt, ttUtUd by it. 3«ont«ry. UU. ?6th d,y of

, 1967.

cm OI3POAAL

a wo»noo

Article 1 of th« Axticlti of Incorporation nhftllhartby la tnandad to r«ad 4* follovn

'The naJba of th« corporation ihall b« HXSTEMAHACCMEW Or WISCONSIN, INC.* —

rw

TV*H

O* I TW. 30th ..

(Ut

wtkt« M At

SO

(V* i»WVl!l<« <)

. 4*?

f.t ^i w **«*

Thin InitrumontP*t«r tl. Uulxtnga

ratted byi

4IOB.ON(J(0014-100 AMENDMENT

TOAKTICUS

USTATE Of WISCONSIN

BVAfeTM** O» n*

FILED

JAN19197Z

*OBtVT C Z1MMERMANS Kiin ART or

*-M»K, HWZtNGlfi WILLIAMS

N MUM OHVC • SUHt 17*CHICAGO. lUJUOtt (0601

Attachment 11Pa8e 1 of n

Adopted: March 31, 1986

BY-LAWS OFWASTE MANAGEMENT OF WISCONSIN, INC.

ARTICLE ICORPORATE OFFICE

Section 1-1. Registered Office and Registered Agent. The Corporationshall maintain a registered office and registered agent within the State ofWisconsin, which may be changed by the Board of Directors from time to time.

Section 1-2. Other Offices. The Corporation may also have offices atsuch other places, within or without the State of Wisconsin, as the Board ofDirectors may from time to time determine or the business of the Corporationmay require.

ARTICLE IIMEETINGS OF STOCKHOLDERS

Section 2-1. Time and Place. All meetings of stockholders shall be heldat such time and place within or without the State of Wisconsin, as may bedesignated by the Board of Directors from time to time. If no such place isdesignated by the Board of Directors, meetings of the stockholders shall beheld at the registered office of the Corporation in the State of Wisconsin.

Section 2-2. Annual Meetings. A meeting of the stockholders of theCorporation shall be held in each calendar year, commencing with the year 1986,on the second Monday of May at 10:00 o'clock A.M., or on such date or at suchtime as the Board of Directors may, from time to time designate, if not a legalholiday, and if such day is a legal holiday, then such meeting shall be held onthe next business day.

At such annual meeting, there shall be held an election for a Board ofDirectors to serve for the ensuing year and until their respective successorsare elected and qualified, or until their earlier resignation or removal.

Unless the Board of Directors shall deem it advisable, financial reportsof the Corporation's business need not be sent to the stockholders and need notbe presented at the annual meeting. If any report is deemed advisable by theBoard of Directors, such report may contain such information as the Board ofDirectors shall determine and need not be certified by a Certified PublicAccountant unless the Board of Directors shall so direct.

Section 2-3. Special Meetings. Except as otherwise specifically providedby law, special meetings of the stockholders may be called at any time:

(a) By the President of the Corporation; or

(b) By a majority of the Board of Directors; or

(c) By the holders of record of not less than a majority of all theshares outstanding and entitled to vote.

AttachmentPaS* 2 of

Upon the written request of any person entitled to call a special meeting,which request shall set forth the purpose of which the meeting is desired, itshall be the duty of the Secretary or Assistant Secretary to give promptwritten notice of such meeting to be held at such time as the Secretary orAssistant Secretary may fix, subject to the provisions of Section 2-4 hereof.If the Secretary or Assistant Secretary shall fail to fix such date and givesuch notice within ten (10) days after receipt of such request, the person orpersons making such request may do so.

Section 2-4. Notices of Meetings. Written notice stating the place,date, hour and purpose of any meeting shall be given not less than ten (10) normore than fifty (50) days before the date of the meeting to each stockholderentitled to vote at such meeting. If mailed, notice is given when deposited inthe United States Mail, postage prepaid, directed to the stockholder at hisaddress as it appears on the records of the Corporation. Such notice may begiven in the name of the Board of Directors, President, and Vice President,Secretary, Assistant Secretary or Treasurer.

Section 2-5. Quorum. The presence, in person or by proxy of the holdersof a majority of the outstanding shares entitled to vote shall constitute aquorum at all meetings of the stockholders for the transaction of business,except as otherwise required by law or the Certificate of Incorporation. Thestockholders present or represented at a duly organized meeting shall have thepower to continue to do business until adjournment, notwithstanding the with-drawal of such number of stockholders as to leave less than a quorum. If ameeting cannot be organized because of the absence of a quorum, those presentor represented, except as otherwise provided by law, shall have the power toadjourn the meeting from time to time, without notice other than announcementat the meeting, until such time and place as they may determine. In the caseof any meeting for the election of Directors, those stockholders who attend thesecond of such adjourned meetings, although less than a quorum as fixed in thisSection, shall nevertheless constitute a quorum for the purpose of electingDirectors.

Section 2-6. Voting. The officer who has charge of the stock ledger ofthe Corporation shall prepare and make, or cause to be prepared and made, atleast ten (10) days before every meeting of stockholders, a complete list ofthe stockholders entitled to vote at the meeting, arranged in alphabeticalorder, and showing the address of each stockholder and the number of sharesregistered in the name of each stockholder. Such list shall be open to theexamination of any stockholder for any purpose germane to the meeting, duringordinary business hours, for a period of at least ten (10) days prior to themeeting, either at a place within the city where the meeting is to be held,which place shall be specified in the notice of the meeting, or if not sospecified, at the office of the Corporation. The list shall also be producedand kept at the time and place of the meeting during the whole time thereof,and may be inspected by any stockholder who is present.

At all stockholders' meetings, stockholders entitled to vote may attendand vote either in person or by proxy. Al 1 proxies shal 1 be executed inwriting and shall be filed with the Secretary of the Corporation not later than


the day on which exercised. No proxy shall be voted or acted upon after three(3) years from its date, unless the proxy provides for a longer period.

Except as otherwise specifically provided by law, all matters comingbefore the meeting shall be determined by a vote by shares. All elections ofDirectors shall be by written ballot unless otherwise provided in the Certifi-cate of Incorporation. Except as otherwise specifically provided by law, allother votes may be taken by voice unless a stockholder demands that it be takenby ballot, in which latter event the vote shall be taken by written ballot.

Section 2-7. Informal Action by Stockholders. Unless otherwise pro-hibited by the Certificate of Incorporation or by applicable law. any actionrequired or permitted to be taken in connection with any corporate action, ormeeting of stockholders may be dispensed with and such action taken without ameeting by the written consent of the stockholders having not less than theminimum number of votes that would have been necessary to authorize or takesuch action at a meeting at which all shares entitled to vote thereon werepresent and voted, and provided that prompt notice of the taking of corporateaction by written consent shall be given to those stockholders who have notconsented in writing.

ARTICLE IIIDIRECTORS

Section 3*1. Number. The business and affairs of the Corporation shallbe managed by or under the direction of a Board of not less than one (1) normore than twelve (12) Directors, The actual number of directorships anddirectors shall be from time to time determined by a majority of the Board ofDirectors.

Section 3-2. Place of Meeting. Meetings of the Board of Directors may beheld at such place within the State of Wisconsin or elsewhere as a majority ofthe Directors may from time to time designate or as may be designated in thenotice calling the meeting.

Section 3-3. Regular Meetings. A regular meeting of the Board ofDirectors shall be held annually, immediately following the annual meeting ofstockholders at the place the annual meeting of stockholders is held or at suchother place, date and hour as a majority of the newly elected Directors maydesignate. At such meeting a majority of the Board of Directors shall electofficers of the Corporation. In addition to such regular meeting, the Board ofDirectors shall have the power to fix by resolution the place, date and hour ofother regular meetings of the Board.

Section 3-4. Special Meetings. Special meetings of the Board ofDirectors shall be held whenever ordered by the President, by a majority of themembers of the executive committee, if any, or by a majority of the Directorsin office.

Attachment4 of 11

Section 3-5. Notice of Meetings of Board of Directors.

(a) Regular Meetings. No notice shall be required to be given ofany regular meeting, unless the same be held at other than the time or placefor holding such meetings as fixed in accordance with Section 3-3 of theseby-laws, in which event one (1) day's notice shall be given of the time andplace of such meeting.

(b) Special Meetings. At least one (1) day's notice shall be givenof the time, when, place, where and purpose for which any special meeting ofthe Board of Directors is to be held.

Section 3-6. Quorum. One-half of the Directors in office shall benecessary to constitute a quorum for the transaction of business, and the voteof a majority of the Directors present at the meeting at which a quorum ispresent shall be the act of the Board of Directors. If there be less than aquorum present, a majority of those present may adjourn the meeting from timeto time and place to place and shall cause notice of each such adjournedmeeting to be given to all absent Directors.

Section 3-7. Informal Action by the Board of Directors. To the extentnot prohibited by the Certificate of Incorporation or by applicable law, anyaction required or permitted to be taken at any meeting of the Board ofDirectors or of any committee thereof may be taken without a meeting if allmembers of the Board or committee thereof, as the case may be, consent theretoin writing, and the writing or writings are filed with the minutes of the pro-ceedings of the Board of Directors or committee.

Section 3-8. Powers.

(a) General Powers. The Board of Directors shall have all powersnecessary or appropriate to the management of the business and affairs of theCorporation, and in addition to the power and authority conferred by theseby-laws, may exercise all powers of the Corporation and do all such lawful actsand things as are not by statute, these by-laws or the Certificate of Incorpor-ation directed or required to be exercised or done by the stockholders.

(b) Specific Powers. Without limiting the general powers conferredby the last preceding clause and the powers conferred by the Certificate ofIncorporation and by-laws of the Corporation, it is hereby expressly declaredthat the Board of Directors shall have the following powers:

(1) To confer upon any officer or officers of the Corporationthe power to choose, remove or suspend assistant officers, agents or servants.

(2) To appoint any person, firm or corporation to accept andhold in trust for the Corporation any property belonging to the Corporation orin which it is interested, and to authorize any such person, firm or corpora-tion to execute any documents and perform any duties that may be requisite inrelation to any such trust.

At tachment \ \Page 5 of 11

(3) To appoint a person or persons to vote shares of anothercorporation held and owned by the Corporation.

(4) By resolution passed by a majority of the whole Board ofDirectors, to designate two (2) or more of its number to constitute an execu-tive committee which, to the extent provided in such resolution, shall have andmay exercise the power of the Board of Directors in the management of thebusiness and affairs of the Corporation and may authorize the seal of theCorporation to be affixed.

(5) By resolution passed by a majority of the whole Board ofDirectors, to designate one (1) or more additional committees, each to consistof two (2) or more Directors, to have such duties, powers and authority as theBoard of Directors shall determine. All committees of the Board of Directors,including the executive committee, shall have the authority to adopt their ownrules of procedure. Absent the adoption of specific procedures, the proceduresapplicable to the Board of Directors shall also apply to committees thereof.

(6) To fix the place, time and purpose of meetings of stock-holders.

(7) To purchase or otherwise acquire for the corporation anyproperty, rights or privileges which the Corporation is authorized to acquire,at such prices, on such terms and conditions and for such consideration as itshall from time to time see fit, and, at its discretion, to pay for any pro-perty or rights acquired by the Corporation, either wholly or partly in moneyor in stocks, bonds, debentures or other securities of the Corporation.

(8) To create, make and issue mortgages, bonds deeds of trust,trust agreements and negotiable or transferable instruments and securities,secured by mortgage or otherwise, and to do every other act and thing necessaryto effectuate the same.

(9) To appoint and remove or suspend such subordinate officers,agents or servants, permanently or temporarily, as it may from time to timethink fit, and to determine their duties, and fix, and from time to timechange, their salaries or emoluments, and to require security in such instancesand in such amounts as it thinks fit.

(10) To determine who shall be authorized on the Corporation'sbehalf to sign bills, notes, receipts, acceptances, endorsements, checks,releases, contracts and documents.

Section 3-9. Compensation of Directors. Compensation of Directors andreimbursement of their expenses incurred in connection with the business of theCorporation, if any, shall be as determined from time to time by resolution ofthe Board of Directors.

Section 3-10. Removal of Directors by Stockholders. The entire Board ofDirectors or any individual Director may be removed from office without assign-ing any cause by a majority vote of the holders of the outstanding shares


entitled to vote. In the case the Board of Directors or any one or moreDirectors be so removed, new Directors may be elected at the same time.

Section 3-11. Resignations. Any Director may resign at any time bysubmitting his written resignation to the Corporation. Such resignation shalltake effect at the time of its receipt by the Corporation unless another timebe fixed in the resignation, in which case it shall become effective at thetime so fixed. The acceptance of a resignation shall not be required to makeit effective.

Section 3-12. Vacancies. Vacancies in the Board of Directors, includingvacanciesresulting from an increase in the number of Directors, shall befilled by the majority vote of the Directors then in office, although less thana quorum, or by a sole remaining Director, and each person so elected shall bea Director until his successor is elected and qualified or until his earlierresignation or removal. Nothing contained herein shall be deemed to requirethat any vacancy(s) on the Board of Directors be filled.

Section 3-13. Participation by Conference Telephone. To the extent notprohibited by the Certificate of Incorporation or by applicable law, directorsmay participate in regular or special meetings of the Board, or any committeedesignated by the Board, by telephone or similar communication equipment bymeans of which all other persons at the meeting can hear each other, and suchparticipation shall constitute presence at the meeting,

ARTICLE IVOFFICERS

Section 4-1. Election and Office. The Corporation shall have a Presi-dent,aSecretary andaTreasurer who shall be elected by the Board ofDirectors. The Board of Directors may elect such additional officers as it maydeem proper, including a Chairman and a Vice Chairman of the Board ofDirectors, one (1) or more Vice Presidents, a Controller, and one (1) or moreassistant or honorary officers. Any number of offices may be held by the sameperson.

Section 4-2. Term. The President, the Secretary and the Treasurer shalleach serve for a term of one (1) year and until their respective successors arechosen and qualified, unless removed from office by the Board of Directorsduring their respective tenures. The term of office of any other officer shallbe as specified, from time to time, by the Board of Directors.

Section 4-3. Powers and Duties of the President. Unless otherwisedetermined by the Board of Directors, the President shall be the chief execu-tive and operating officer of the Corporation and shall have the usual dutiesof an executive officer with general supervision over and direction of thebusiness, property and affairs of the Corporation and its several officers. Inthe exercise of these duties and subject to the limitations of the laws ofthe State of Wisconsin, these by-laws, and the actions of the Board ofDirectors, he may appoint, suspend and discharge employees and agents, shallpreside at all meetings of the stockholders at which he shall be present,

Attachment 11Page 7 of U

and unless there is a Chairman of the Board of Directors other than who alsoholds the office of President, shall preside at all meetings of the Board ofDirectors, and shall be a member of all committees thereof. He shall also doand perform such other duties as from time to time may be assigned to him bythe Board of Directors.

Unless otherwise determined by the Board of Directors, the President shallhave full power and authority on behalf of the Corporation to attend and to actand to vote at any meeting of the stockholders of any corporation in which theCorporation may hold stock, and, at any such meeting, shall possess and mayexercise any and all the rights and powers incident to the ownership of suchstock and which, as the owner thereof, the Corporation might have possessed andexercised.

Section 4-4. Powers and Duties of the Secretary. Unless otherwisedetermined by the Board of Directors, the Secretary snail record all proceed-ings of the meetings of the stockholders of the Corporation, the Board ofDirectors and all committees thereof, in books to be kept for that purpose, andshall attend to the giving and serving of all notices for the Corporation.He shall have charge of the corporate seal, the stock certificate books,transfer books and stock ledgers, and such other books and papers as the Boardof Directors may direct. He shall perform all other duties ordinarily incidentto the office of Secretary and shall have such other powers and perform suchother duties as may, from time to time, be assigned to him by the Board ofDirectors.

Section 4-5. Powers and Duties of the Treasurer. Unless otherwisedetermined by the Board of Directors, the Treasurer shall have charge of allthe funds and securities of the Corporation which may come into his hands.When necessary or proper, unless otherwise ordered by the Board of Directors,he shall endorse for collection on behalf of the Corporation checks, notes andother obligations, and shall deposit the same to the credit of the Corporationin such banks or depositories as the Board of Directors may designate and shallsign all receipts and vouchers for payment made to the Corporation. He shallsign all checks made by the Corporation except when the Board of Directorsshall otherwise direct. He shall enter regularly, in books of the Corporationto be kept by him for the purpose, full and accurate account of all moniesreceived and paid by him on account of the Corporation. Whenever required bythe Board of Directors, he shall render a statement of the financial conditionof the Corporation. He shall at all reasonable times exhibit his books andaccounts to any Director of the Corporation, upon application at the officeof the Corporation during business hours. He shall have such other powers andshall perform such other duties as may be assigned to him from time to time bythe Board of Directors. He shall give such bond for the faithful performanceof his duties as shall be required by the Board of Directors and any such bondshall remain in the custody of the President.

Section 4-6. Powers and Duties of the Chairman of the Board of Directors.Unlessotherwise determined by the Board of Directors, the Chairman of theBoard of Directors, if any, shall preside at all meetings of Directors andshall serve ex officio as a member of every committee of the Board of Direc-


tors. He shall have such other powers and perform such further duties as maybe assigned to him by the Board of Directors.

Section 4-7. Powers and Duties of Vice Presidents and Assistant Officers.Unless otherwise determined by the Board of Directors, each Vice President andeach assistant officer shall have the powers and perform the duties of hisrespective superior officer. Vice Presidents and assistant officers shall havesuch rank as shall be designated by the Board of Directors and each, in theorder of rank, shall act for such superior officer in his absence, or upon hisdisability or when so directed by such superior officer or by the Board ofDirectors. Vice Presidents may be designated as having responsibility for aspecific aspect of the Corporation's affairs, in which event each such VicePresident shall be superior to the other Vice Presidents in relation to matterswithin his aspect. The President shall be the superior officer of the VicePresidents. The Treasurer and the Secretary shall be the superior officers ofthe assistant treasurers and assistant secretaries respectively.

Section 4-8. Powers and Duties of the Controller. The Controller shallbe the assistant financial officer of the Corporation. His duties shall be toaid the Treasurer of the Corporation, particularly in connection with, but notlimited to, internal auditing practices and procedures, company accounts andaccounting, operating procedures and format, standardization of corporate formsand procedures, monitoring corporate expenses. The Controller shall havesuch other powers and duties as may be assigned to him from time to time by theBoard of Directors.

Section 4-9. Delegation of Office. The Board of Directors may delegatethe powers or duties of any officer of the Corporation to any other officer orto any Director from time to time.

Section 4-10. Vacancies. The Board of Directors shall have the power tofill any vacancies in any office occurring from whatever reason.

Section 4-11. Resignations. Any officer may resign at any time bysubmitting his written resignation to the Corporation. Such resignation shalltake effect at the time of its receipt by the Corporation, unless another timebe fixed in the resignation, in which case it shall become effective at thetime so fixed. The acceptance of a resignation shall not be required to makeit effective.

ARTICLE VCAPITAL STOCK

Section 5-1. Stock Certificates. Every holder of stock of the Corpora-tion shall be entitled to have a certificate signed by, or in the name of theCorporation by (a) the Chairman or Vice Chairman of the Board of Directors, orthe President or a Vice President, and (b) the Treasurer of an AssistantTreasurer, or the Secretary or an Assistant Secretary, certifying the number ofshares owned by him in the Corporation. If such certificate is countersigned(c) by a transfer agent other than the Corporation or its employee, or (d) by aregistrar other than the Corporation or its employee, the signatures of the

8


officers of the Corporation may be facsimiles. In case any officer who hassigned or whose facsimile signature has been placed upon a certificate shallhave ceased to be such officer before such certificate is issued, it may beissued by the Corporation with the same effect as if he were such officer atthe date of issue.

Section 5-2. Determination of Stockholders of Record. The Board ofDirectors may fix in advance a record date to determine the stockholdersentitled to notice of or to vote at any meeting of stockholders or any adjourn-ment thereof, or to express consent to corporate action in writing withouta meeting, or entitled to receive payment of any dividend, or other distribu-tion or allotment of any rights, or entitled to exercise any rights in respectof any change, conversion or exchange of stock or for the purpose of any otherlawful action. Such date shall be not more than sixty (60) nor less than ten(10) days before the end of any such meeting, nor more than sixty (60) daysprior to any other action. If no record date is fixed, the record date fordetermining stockholders entitled to notice of or to vote at a meeting ofstockholders shall be at the close of business on the day next preceding theday on which notice is given , or, if notice is waived, at the close of busi-ness on the day next preceding the day on which the meeting is held, and therecord date for determining stockholders for any other purpose shall be at theclose of business on the day on which the Board of Directors adopts theresolution relating thereto. A determination of stockholders of recordentitled to notice of or to vote at a meeting of stockholders shall apply toany adjournment of the meeting; provided, however, that the Board of Directorsmay fix a new record date for the adjourned meeting.

Section 5-3. Transfer of Shares. Transfer of shares shall be made on thebooks of the Corporation only upon surrender of the share certificate, dulyendorsed and otherwise in proper form for transfer, which certificate shall becancelled at the time of the transfer. No transfer of shares shall be made onthe books of this Corporation if such transfer is in violation of a lawfulrestriction noted conspicuously on the certificate.

Section 5-4. Lost Share Certificates. Unless waived in whole or in partby the Board of Directors from time to time, any person requesting the issuanceof a new certificate in lieu of an alleged lost, destroyed, mislaid or wrong-fully taken certificate, shall (a) make an affidavit or affirmation of thefacts and circumstances surrounding the same; (b) advertise such facts to theextent and in the manner the Board of Directors may require; and (c) give tothe Corporation his bond of indemnity with an acceptable surety. Thereupon anew share certificate shall be issued in lieu of the alleged lost, destroyed,mislaid or wrongfully taken certificate, provided that the request therefor hasbeen made before the Corporation has notice that such shares have been acquiredby a bona fide purchaser.

ARTICLE VINOTICES

Section 6*1. Contents of Notice. Whenever any notice of a meeting isrequired to be given pursuant to these by-laws or the Certificate of Incorpora-

Attachment HPage 10 of 11

tion or otherwise, the notice shall specify the place, date and hour of themeeting and, in the case of a special meeting or where otherwise required bylaw, the general nature of the business to be transacted at such meeting.

Section 6-2. Method of Notice. All notices shall be given to each personentitled thereto, either personally or by sending a copy thereof through themai 1 or by telegraph, charges prepaid, to his address as it appears on therecords of the Corporation, or supplied by him to the Corporation for thepurpose of notice. If notice is sent by mail or telegraph, it shall be deemedto have been given to the person entitled thereto when deposited in the UnitedStates Mail or with the telegraph office for transmission. If no address for astockholder appears on the books of the Corporation and such stockholder hasnot supplied the Corporation with an address for the purpose of notice, noticedeposited in the United States Mail addressed to such stockholder in care ofGeneral Delivery in the city in which the principal office of the Corporationis located shall be sufficient.

Section 6-3. Waiver of Notice. Whenever notice is required to be givenunder any provision of law or of the Certificate of Incorporation or by-laws ofthe Corporation, a written waiver thereof, signed by the person entitled tonotice, whether before or after the time stated therein, shall be deemedequivalent to notice. Attendance of a person at a meeting of stockholders orDirectors shall constitute a waiver of notice of such meeting, except when thestockholder or Director attends a meeting for the express purpose of objecting,at the beginning of the meeting, to the transaction of any business because themeeting is not lawfully called or convened. Neither the business to be trans-acted at, nor the purpose of, any regular or special meeting of the stock-holders or Directors need be specified in any written waiver of notice unlessso required by the Certificate of Incorporation.

ARTICLE VIIINDEMNIFICATION OF DIRECTORS,OFFICERS AND OTHER PERSONS

Section 7-1. Indemnification. The Corporation may indemnify any Directoror Officer of the Corporation against expenses (including legal fees), judg-ments, fines and amounts paid in settlement, actually and reasonably incurredby him, to the fullest extent now or hereafter permitted by law in connectionwith any threatened, pending or completed action, suit or proceeding, whethercivil, criminal, administrative or investigative, brought or threatened to bebrought against him by reason of his performance as a Director or Officer ofthe Corporation, its parent or any of its subsidiaries, or in any othercapacity on behalf of the Corporation, its parent or any of its subsidiaries.

The Board of Directors by resolution adopted in each specific instance maysimilarly indemnify any person other than a Director or Officer of the Corpora-tion for liabilities incurred by him in connection with services rendered byhim for or at the request of the Corporation, its parent or any of its sub-sidiaries.

10

Attachment \\Page 11 of 11

The provisions of this Section shall be applicable to all actions, suitsor proceedings commenced after its adoption, whether such arise out of acts oromissions which occurred prior or subsequent to such adoption and shall con-tinue as to a person who has ceased to be a Director or Officer or to renderservices for or at the request of the Corporation and shall inure to thebenefit of the heirs, executors and administrators of such a person. Therights of indemnification provided for herein shall not be deemed the exclusive,rights to which any Director, Officer, employee or agent of the Corporation maybe entitled.

Section 7-2. Advances. The Corporation may pay the expenses incurred byany person entitled to be indemnified by the Corporation in defending a civilor criminal action, suit or proceeding in advance of the final disposition ofsuch action, suit or proceeding upon receipt of an undertaking, by or on behalfof such person, to repay such amount if it shall ultimately be determined thathe is not entitled to be indemnified by the Corporation as authorized by law.

Section 7-3. Insurance. The Corporation may purchase and maintaininsurance on behalf of any person who is or was a Director or Officer, employeeor agent, of the Corporation or who is or was serving in any capacity in anyother corporation or organization at the request of the Corporation against anyliability asserted against him or incurred by him in any such capacity orarising out of his status as such, whether or not the Corporation would havethe power to indemnify him against such liability under law.

ARTICLE VIIIOTHER PROVISIONS

Section 8-1. Seal. The form of the seal of the Corporation, called thecorporate seal of the Corporation, shall be as impressed below.

(Form of Seal)

Section 8-2. Fiscal Year. The Board of Directors shall have the power byresolution to fix the fiscal year of the Corporation. If the Board of Direc-tors shall fail to do so, the President shall fix the fiscal year.

Section 8-3. Amendments. These by-laws may be altered or repealed or newby-laws adopted (a) by the stockholders entitled to vote thereon, by a majorityof those voting, at any regular or special meeting, or (b) unless expresslyprohibited by the Certificate of Incorporation, by the Board of Directors,by a majority of those voting, at any regular or special meeting.

Section 8-4. Interpretation of By-laws. All words, terms and provisionsof these by-laws shall be interpreted and defined by and in accordance with theGeneral Corporation Law of the State of Wisconsin as amended, and as amendedfrom time to time hereafter.

11

APPLICATION FOR CABBAGE AND REFUSE DISPOSERS LICENSE

1. The undersigned hereby applies for • license to du»p and

dispose of garbage, refuse and rubbish within the Town of Dunkirk, Dane

County, Wisconsin. This application is sccoopanied by a certificate of

insurance as required by ordinance of the Town dated November 30, 1962. This

application is further accompanied by the annual license fee of $25.00,

2. Nave and address of the applicanti

City Disposal Corp.. 2450 *e»t Wells. Milwaukee, Wisconsin

3. Legal description and owner of any duap sltet

ton (101 acres in the Northeast Quarter of the Southwest Quarter(NE 1/4 SW 1/4) Section Ten (10),. Town Five ($) North, Rft>|«.BUVw (11) Bastlyint north of Hiinwav A and being that part of lessor's iranrel aft area inwhich mining operations havr been cpftpleted, said ten -acre area being sureparticularly described on attached Schedule A. . ' • ' • - .Said premises should also include a right-of-way over, the existing north-southroad leading fro* Highway A to tha' leased premises. to be used for purpotes ofIngreTs" and egTesa^to and fron s^ld leas ed premises by le's tee, it* assigns,

licensees «d penpiteej, _ —— —— _ _

4. Nave of nunicipality, person, fin or corporation with who» applicar

has a disposal contract: S tough ton. U. S. ftubb^er Co.

5. length of tine applicant intends to conduct disposal operations

within the Town: 6 years __________ _ _ _ _ _ _ _ _ ___ _ __ _ _ _ _ _

6. List experience of applicant: Ace Scavenger Service , Inc.,

Assistant Hmager and Acae Disposal Corporation, Sales Manager * 6 years

7. The applicant by this application agrees to be bound by the

provisions of the ordinance of the Town of Dunkirk dated November SO, 1962,

Licensing and Regulating Garbage and Refuse Disposers.

8. This license shall evplre one year after this date.

UlbfUSAL CORPORATION

Dated: November 29*h . 1962

Route 3,

T O W N o f D U N NAttachment 12

DANE COUNTY, WISCONSIN

PERMITto

TRANSPORT AND PICKUP GARBAGE AND RUBBISH

The Town Board of the Town of Dunn, Dane County,

Wisconsin, hereby authorizes PETER ABELES of Milwaukee,

Wisconsin, to pick-up and transport garbage, rubbish or

other refuse within the Town of Dunn, under the following

terms and conditions:

(1) This permit is not assignable.

(2) Licensee is limited to charge not more than$2.00 per month until May 1, 1963, at whichtime rates may be increased to 52.25 per month,per residential unit. Any and all increases inrates must be authorized by the Town Board inwriting.

(3) This permit is perpetual and need not be renewedby this licensee, unless revoked by the Town Board.

Dated this 28th day of January, 1963.

TOWN BOARD OF THE TOWN OF DUNN,

DANE COUNT!, WISCONSIN.

BY:

Charles Barber,Town Clerk

<

•j;:ay 6,1964

r:c: co, "laoon* n

Actachmenc 13Page 1 of 2

hdlano*

eervloe in A p r i l i*. th«of inre l.TK-ure • rr!a

f 00. X30

4 wet piok-upe "12.00

1 dry plolc-if. "' 20.00

5 contAlrw»r» i -5*00

Total J

IHSIUSAI. COUP.

IN **.«?-so*.

1,1964

U* 8. Rubber Co*Stoughton, wlaooniln

Attachment iPage 2 of 2

$

Service for May at th« ' r&teof3 plck-opa per day

7 hour C |2.50 per nour

One extra wet pick-up 0 |12.00

Ten extra container* 0 $ 5-00

1050.00

17-50

12.00

50.00

ATTACHMENT 14

Contracts between U. S. Rubber and City Disposal, Inc

Contract/Agreement No. Date

SC-635PD-S-144 11/26/62SC-888 3/1/66

r\uuutil

\J\ r

Attachment 14

Citv Disposal Corp.

. walla St.

Milwaukee 3. Via, , THE CONTRACTOR,

CONTMACr NO.

JOI NO.

OATt

FOR INTERNAL USC

AGREES TO FURNISH UNITED STATES RUBBER COMPANY. THE PURCHASER:

ARTICLE I

To cover pickup and disposal of all scrap oa.terial from the 'stpughtori.Plantof U. S. Rubber Co. - ; • ...

City Disposal Is to famish all containers and labor to empty containers•"•'-"-" into their trucks. " ' '" • • • • ; • ' "

Title to scrap transferred to City Disposal at U. S. Rubber dock for ". r"' 'purposes cf lepal cTisposol and destruction. ' ' ' " . ' "

Pickup undar direction of Mr. E, a, Estes will begin with dry oickup.,v:\th packer truck. ':

Rate: ,:$250.CC/wk.

As apon as.poasiblft wot nick /ill be included with payments as follows* -.

& pickups--per day(J -• N •>• tl • : 9

^ n n n

3 or-lass " " •

&600.00/™cnth1350iOO/month1150.00/monthlOOO.OO^nth

^_, This contract is for a period of 30 days.and will continue .cancelled. . ,j .. . ' '_, _ ." . • '•

vRTICLE 2—CONTRACT PRICE_________________________ TERMS Net 30

ATE OF COMPLETION

RTICLES 3 TO" 12 INCLUSIVE ON THE REVERSE SIDE OF THIS SHEET ARE PART OF THIS CONTRACT.

» WORK IS TO BE COMMENCED UMTILt.AN EXECUTED COPY OF THIS AGREEMENT IS RETURNED TO THE BUYER,WHOSE SIGNATURE APPEARS BELOW.; .INSURANCE CERTIFICATES ARE'SUBMITTED TO AND APPROVED BY THE PURCHASING DEPARTMENT. AT THE UNITED STATESRUBBER COMPANY LOCATION WHERE THE WORK IS BEING PERFORMED.

Company^CEPTEO

ay__ S. w. MAC KENZIEOIHCCTOM or PU«CMA»C«

I M P O R T A N TVOICES IN TRIPLICATE ARE REQUIRED AND MUST SHOW CONTRACT NO. AND JOB NO.

ARTICLE 3 — The Contractor agrees \o\\jhe Purchat

rniih the Purchaser wi th c i - f * ' f "> -d tc i of iniurance in accordance with

ARTICLE 4 — The Contractor warrants ina the work or i«rvicet ihall be performed in a workmanlike manner, thatthe materials thai be ot first quality, and tl at thiLCQinpJai d wofk_,wjli .beâei. 0i& daJectf us^ht/brfVftihj'p J0fjmaterial. It it understood that the comple ed work will be subject to Purchaser's inspection and approval beforefinal payment shaft be due, and that neither payment to the Contractor nor any proyhign hereof,'ihajt'feljeve theContractor of responsibility under the abov warranty or'bt her wise. — —.AKTlCCE 5 — No part ot the wor* covere I b \ - y ^ t a 4 ( « ^ e 4 o r m e d _ u p o r i h « . PqrchaaA.p<.efTifses shellbe sub-let by the Contractor unless prior written approval of trie Purchaser is "oTsFSiSed^fnTTub-Jefting any sucKwork, the Contractor jb.aUpbtaJn the written agreement of each sub-contractor in terms substantially equivalent tothe terms herein teT ftfrfH.'lwa"Wafl r3o^n:e-etaWs36^n}re^r^tî£?ce^^ -1

compliance with the Purchaser's insurance requirements.ARTICLE 6 — The Contractor et his own cost and eipense shall provide all manner of materials, labor, tools, equip*————— -ment and cartage and facilities rjecessery for the due) performance and completion of the work. However, if thertffdieW iftett Weit% ma -CorWr"actorc«'4ôbTs' or*e<piipnUit in connection- wWh'tWi contrac^ tWCofrtrfctor willreturn such to the Purchaser on demand in the same condition as when received; ordinary w4aT ae3 tea/ eifeepted.The Contractor hereby assumes all risk for injury to the person or property of himself, his employees or othersresultfftq^/f omj tfieûs*:j«fl-pos*«stioftsJ>yrhirnTof gtiAftitoolfc-.-o* equipment- and'th* OpmV*cio«v w^llrjnderry^tfy andhold harmless the Purchaser, its officers, agents and employees from any and all claim*,

II r L • - * '~ "'incurred because of any such injury.ARTICLE Z,— PermjK^dtJicentes ofi a rtemp.ojrary^najuêâeceûry, (or the prosecution, of the w,ork;.ihall besecured ancTpaid for*by IKe Contractor. The Contr4cior"sJ»aJI~give all notices and c'dmply fwifK'all (aws'4'oVd(nances,rules and regulations, including the safety rules*'and tegiJfa'tio'ns ot the Pufchaser, bearing' on the conduct of saidwork. By accepting this contract, the Contractor certifies to the Purchaser that all undertakings called for in thiscontract will 'be Klfillea ••ii*'*1ccorrf«nc«*fwilVel of *hV-5«^r*minH of tne F«?r da*bor "S»affd«rds' Act>o1 -'1938,amended, or o( regulations issued pursuant to Section 14 thereof. .:'r-_iJ T*;;-r.c r1*'"

''ARTICLE 8 ^^fm premites are to be kept in a neat and orderly condition, and unless otherwise specified, allwaste and eicavated material and rubbish shall be re moved -.by the Contractor at his own eipense.

ARTlC&F-?^'th^C<mtttcnV:ttal^ an'rireri:or:&¥fa2hmerA oV'dfW Encum-brance to be put or remain on said premises or the work to be constructed thereon for or on account of anywork or materials furnished hereunder odb>Mo?bftja}C»V£f,other claim or oyreanthagcirfir>HhacC^ntractor, andthe Contractor shall not put any mdterialtj-^nî^p/eîscs unless the Contractor >fias am unencumbered titlethere'°- 't toiAOO.Of'ilf '' " " JARTICLE 10 — The work called for herein i>i(H>r'.4?4r1C0/(1ne trade or business of th% fttrcfi^saji^ bot is a part ofthe regular line of business and trade of the Contractor, and the activities of each employee of the Contractor shallai .aH times be directed andco/itrolled by the Contractor,, Ihe. Contractor shall o«y all OJd Aq4J Pensio/is»JJnem-ploynê'ht' slraâHa iSbj ddy ' «.«r*i8SfW. aiUs-.Jd oSecbmHu/fn r p^^h/ZrSThere.under. The Contractor shall not lend hit employees to the Purchaser nor request the loan to hmYor4ti<PPuVchaser'semployees for any pur|QBe.J9K 2Mfl3T ___________________ . ______ 30IJ)1 TOAflTMOD— C 3JOiTflAARTICLE I I — The Contractor shall hold and save harmless the Purchaser, its officers, agents and employees,from liability of any nature or kind, under United Stales ê Hers Patent, including costs and e^peyKprT^^MOaB Ô 3TAOaccount of any invention embodied in the products supplied under this contract or used In the performance) ofthis coMrActj^rfs^^ I V 'r^J'Wfrttf'* eajoiraAthis provision is not, and shaH not be construed to be applicable to any infringement or Umfea Mates—L*we«—— ————Patent which results from the Contractor complying with specific written Instructions furnished by the Purchaser,or where infringement is occasioned by the use of an apparatus patent due to thWHWttdlMnt^lWffllleRflnpW *H°W °"lti%tol*Wifam&&WW&to*WWK*Wf8ttW*x* '-* -r

. ^....frMiWtfrHmflrOmTIfc^ ^not furnished by ihe^Contr ct v or inthe^ use oMhe ( d^c^^ jflU^heraunder. The Purchaser shall promptly notify Contractor in writing of any and

iflJitrflcf that may be brought to the Purchaserjsâttention; and in case'urcnaser. shkK assist the Contractor'at the ContracW's experne, save for

erirpToyeei} In furnishing tucK »j-«( nc« *(-ta-th*-ut«. of4ha-p*I«n*.and^w*«*-Bv*U*f* ^ ' " i . - j /at we tor in such'Jitigation, " v'. -—^^ O ^ , . * ' • • * .

•">*'XRiT€LE2l2 —• The Purchaser reserves the right to alter-lhd^wo/k. wh«r«w«r -required, but-lbe-eonVaer-price- wirtnpe mcrqas'cd or decreased if such changes thai! retult in an increased or decroated cott to the Contractor. ___

OH nO(. ClVtA .0(1 TÂWTMOl'J WOH<2 T2UW Q/1A o .1 R I • JC i a SI

_ _ ^ .'£' between the UHITBD,)STATES ROBBER OCHPAKT,' t corporation''organised

..$&*:'•:> - _:,£;:. ',a^:gft^ -"• • ^o^ ' -' -J* ^afl^ -^ '^' ^^*^the>-ijw«5Sf thai Stated of Hav Jar^V^ hjrlr»-ita-rbrlSainal offi^ .

CORP.1, 2U50 West WeUa Street, Kilyaukee, Wiaoonain, hereinafter called

Iit * \f • •

i 'WITNESSBTH TRATr

Whereas, U. S. Eabber Company desires to have City Disposal to undertake

to remove and properly dispose of all scrap fron the premises of its

St ought on, Wisconsin plant.

MOW, THEREFORE, the parties hereto do Rutually agree as follovai

1. City Disposal shall furnish equipment to collect, load and dispose ^pf^

all scrap generated by U. S. Rubber* This scrap consists mainly of

paper, synthetic resin films, scrap coating materials and miscellaneous

waste.

(a) A suitable vehicle Is to be stationed at the south east dock so

that U. S. Rubber Co** personnel can load drummed liquid, boxed

and loose scrap as generated. Aa no inside storage is available,

this vehicle must be tended and emptied quickly when full. Empty

drums are to be returned to the pickup area.

(b) A suitable vehicle will be available to remove all other vaste

consisting mostly of paper, fabric and films from the accumulating

area dock naar the south elevator. This vehicle is understood to

be a packer truck similar to a standard garbage truck.

. *>' •' '^Vt&Xo)V.Citr*Plapbaal wHiVfurnlan!f*nd- aa'lntain*ca'rt«worlScoumulatlonA>f $•*>;.. •*''•''''%&?••-..• »*%.'*;• • •^V^^^'^'':^^Wi'1: ;.^lv-^

portion pf th M a ed crapwi Lfcpicked up at tha

ba included' '

.at tha convenience of U. 3. Rubber Co, ^ f

. . . . .•"?;•-. location* prerioualr daacrl&sd but additional .areaV wayfp'* ^3' 1& •?., -'4 &«f$f~ V:' >'::-^-^''-*

y Diapoaal will furniah 20 carta to carry on tha regular plant•

collection operation,

(f) City Diapoaal will ba responsible for the cleanup and removal or '

any spillage at and in the pickup areas*

2. The established rates shall be as follow on regular Konday thru

Friday basist

6 pickups per day

3 or leaa " "

Extra cart rental

Il600.00/month

1350.00/ »

1150.00/ «

1000.00/ »

5.00/each/month

On the 6th and 7th day City Diapoaal will invoice only their actual

additional coat of labor either regular or overtime whichever is available

at the beat advantage to U. S. Rubber Co*

(a") Terms are net 30 days and invoicing shall be at each r.onth end.

(b) A "pickup" is defined as follows!

The packar truck is moved to the dock by City Disposal personnel

and all carts which are full will be emptied by City Disposal

- * - *.;' f! pW^™*' •per'abnnelY.-Removal'of drum ----

;V. regardless of the- volume^generated

1. -The'number and timerofvplckups

*'' by Ui S.- Rubber;-' f'

2.. Three*- pickups per;4ay^will be .considered

period of 6 months after which both the price

number of pickups shall be renegotiated if requested

party.

3. All material transferred to City Disposal vehlcles'at

the property of City Disposal for the purpose of destruction or.other-/

wise rendering useless. City Disposal agrees to dispose of thlsi- .;./

material in a legal manner and accepts all responsibility-therefor; -1 It is recognized that certain wastes to be handled'fare

proper precautions will be taken in handling,

-,T

andled'f'are haiardoasand^ti'' •>?;•?. , • :•;' ,--*'-\- A •,- f

f.-. v-->: ijBr-*.** i'%; ...;'^\,','-^. •. v " *<, V ^'-"fln''v£' **•"••"lv..-'. • '••&*• .-• • r*-^ v-;:.^kgft:

City Disposal agrees to furnish and keep in full force the following,

tn§nranee during the terms of this contract;

(a) Workmen's Compensation - Statutory requirements of the State

of Wisconsin.

(b) Comprehensive General Liability Insurance Including, but not

limited to, automotive for automobiles operated on the premises.

1. Bodily Injury

2. Property Damage

(c) Automotive Coverage

1. Bodily Injury

2. Property Damage

ttOO,00/300,000

$ 50,000

$100,000/300,000

$ 25,000

W, P«rfonM nofc, .oi , .. .;L< JWW H :,. *^W*& •'. •'<# 4 %*<?' • •-Thla bpndvehall run concurrently: with .th« bond furnished 'the '- • • *,,.- .' . '. • . 1, ttfk , *•••:•• . • •»;-• - . 1 , ;••.•.- '• -•

w; • ' >*'• . • -r- - - r ' ' - ,f^^. 'Vv " "4 . '^ v ,City of Stoughton, be for the. aara*, period 'and be non-cancellable.

• • 'City Ui«po»al agreea to furnish, on.or beforwth« offe'ctlvi date^of'thla

• , . ._' . -I. ' . . *•-."•.. -*•-,•' -. .. , .j*^ *{•*' ''contract, inauranee certificated for Workmen'^ CocipenMtion'ind ^

. . . . » . ••K t

General Liability Insurance, and Automotive Insurance, and Performance Bond,

certifying that such insurance and bond are in force) aaid policy and• k '

certificate a to require that 0. S. Rubber, Stoughton, Wisconsin, will be

notified ten (10) da 75 prior to any cancellation, termination or material

modification of this insurance* Notice of cancellation, termination or

material modification of said insurance, as provided in this paragraph,

will operate to terminate automatically this contract as of the date of such

cancellation, termination or material modification becomes effective, and, /

this act shall be considered non performance of contract by City Disposal.

5. This contract shall be in force for the period of one y«ar from its

effective date and shall continue thereafter with the following

provisions:

(a) The price shall b« firm for the first 6 months period after which

the price end number of pickups are subject to renegotiation.

(b) After the Initial one year period, either party may cancel further

operation of this agreement at any time upon 60 days advance notice»

to the other.

•Ml 1C-

City Dlaposal Corp.

(c) In the event of unfowaeen stoppage of operations at the plant such

as strike or acts of God and cessation of total plant operations for

any purpose this agreement becomes Inoperative after a period of one

week at no penalty and proceeds In force upon termination of tho

stoppage.

'CITT DISPOSAL CORPORATION

ByA gene

APPROVED:

UNITED STATES ROBBER COMPAUT

uirector of i*urchaaes

\cm DISPOSAL CORP. \Addendum il

It has been agreed that City Disposal will charge an additional

120.00/pickup for each pickup over the agreed standard number.

(This is h pickup/day as of this date) currently in effect.

Approved --Mta___^^______

//^^^^Y

Date November 26, 1962

\DISPOSAL OORP.

Addandtut ft\

It ia agraad that City Dlapoaal la authorliad to maka a charge

of 112*00 for aaoh additional vat drun piokup for vhloh It ia

oallad In daring any Monday thru Irlday ragular tlM day.

(Saturdaya and Sundays ara oovtrod in tha contraot and ara ohargad

at"labor coat.)

Approved

Jfcta /-J> 3 -

•< /• • • • < ' • ' •

CITT DISPOSAL CORP.

__AddandnA 13

It la agreed that terme are changed froa Net 30 daya to

Hat 20th effective at once« * v

Approved

0«ta

^

Cm DISPpSAL OORP,

Addendum ik

It la agreed that an additional 150.00/month will baallotted to oover tha overall hlghar coata of vat dru> plekupa.City Diapoaal agrees to load tha druma from tha dock ontotha truck «a required. (Tha dock la tha outalda platformand tha storage area Immediately Inalda tha door at tha uaualplckup.area). All plekupa are to ba cheeked with tha areaforeman or his assistant so that proper scrap records can bakept.

Approved

Date

SC-888

Attachment

AGREEMENT

This agreement made this 1st day of March/ 1966 by and between

the UNITED STATES RUBBER COMPANY, a corporation organized under

the laws of the State of New Jersey, having its principal office at\

12.10 Avenue of the Americas, New York, N. Y. and a production plant

at Stoughton, Wisconsin, herinafter called "U. S. Rubber" and

CITY DISPOSAL CORP., 1320 52nd Street, Kenosha, Wisconsin

hereinafter called "City Disposal";i

WITNESSETH THAT:

Whereas, U. S. Rubber Company desires to have City Disposal to

undertake to remove and properly dispose of all scrap from the .

premised of its Stoughton, Wisconsin plant.

NOW, THEREFORE, the parties hereto do mutually agree as follows:

1. City Disposal shall furnish equipment .to collect, load and

dispose of all scrap generated by U. S. RUBBER. This scrap

consists mainly of paper, synthetic resin films, scrap coating

materials and miscellaneous waste.

(a) A suitable vehicle is to be stationed at the south east

dock so that U. S. Rubber Co. personnel can load drummed

liquid, boxed and loose scrap as- generated. Empty drums

are to be returned to the pickup area.

(b) A suitable vehicle will be available to remove all other

waste consisting mostly of paper, fabric and films from

the accumulating area dock near the south elevator. This

vehicle is understood to he a packer truck similar to a

City Disposal Corp. -2- . •<• • -

f(c) City Disposal will furnish and maintain carts for

accumulation of scrap at collection stations thruout ther- . *

plant. U. S. Rubber will assemble these carts at the

loading dock where City Disposal personnel will unload

the carts into their truck.

(d) The major portion of the generated scrap will be picked

up at the locations previously described but additional

areas may be included at the convenience of U. S. Rubber Co,

(e) City Disposal will be responsible for the cleanup and

removal of any spillage at and in the pickup areas.

2. All material transferred to City Disposal vehicles at the docks

becomes the property of City Disposal for the purpose of

destruction or otherwise rendering useless. City Disposal

agrees to dispose of this material in a legal manner and accepts

all responsibility therefor. It is recognized that certain

wastes to be handled are hazardous and proper precautions will

be taken in handling.

3. City Disposal agrees to furnish and keep in fulj. force the

following insurance during the terms of this contract:

(a) Workmen's Compensation - Statutory requirements of the

State of Wisconsin;•

(b) Comprehensive General Liability Insurance including, but

not limited to, automotive for automobiles operated on

the premises.

1. Bodily Injury $100,000/300,000

2. Property Damage - $ 50,000

City Disposal Corp. -3-«

(c) Automotive Coverage

1. Bodily Injury $100,000/300,000

2. Property Damage $ 25,000

(d) Performance Bond $ 60,000

This bond shall run*, concurrently with the bond furnished

the City of Stoughton, be for the same period and be

non-cancellable.

City Disposal agrees to furnish, on or before the effective date

of this contract, insurance certificates for Workmen's Compensation

and Comprehensive General Liability Insurance, and Automotive

Insurance, and Performance Bond, certifying that such insurance .

and bond are in force; said policy and certificates to require that

U. S. Rubber, Stoughton, Wisconsin, will be notified ten (10) days

prior to any cancellation, termination ot material modification•

becomes effective, and this act shall be considered non performance

of contract by City Disposal*

4. This contract shall be in force for the period of one year from

its effective date and shall continue thereafter with the

following provisions:

(a) Either party may cancel further operation of this agreement

at any time upon 60 days advance notice to the other in

writing.

(b) In the event of unforeseen stoppage of operations at the

plant such as strike or acts of God and cessation of total

plant operations for any purpose this agreement becomes

Inoperative after a period of one week at no penalty and

proceeds in force upon t e rminat ion of the stoppage.

City-Disposal Corp. -4"

5. City Disposal will furnish and keep in repair 34 carts for

the accumulation of scrap.t.

6. The normal pickup will bet^

1 3 'dry1 pickups per day Monday thru Saturday. •1 'wet1 pickup per day Monday thru Saturday.

A 'dry* pickup is defined as that material normally loaded

into the packer truck at the south dock.*

A 'wet* pickup is defined as that material picked up at the

southeast dock consisting of materials which are either

inconvenient or too dangerous for handling in a packer truck

*7. The established rate shall be as follows:

Basic Service

Pickup as described in (C) t $1400.00/month

Shutdown month (usually July) $1200.00

•

Extras

Extra wet pickup over I/day

Monday thru Saturday S 12.00

ttxtra dry pickup over 3/day

Monday thru Saturday f 20.00

Extra Sunday pickups both wet and dry arc to be charged at

'.<. . ', .- . , ,.A.- - - -

. City Disposal Corp.

8* Terms are to be Net 10th; The invoice for the Basic Service . ,, i

is to be furnished on the first of each month so that payment

terms can be met* •-'*

The invoice for Extras is to be issued quarterly and separate

from the Basic Invoice.

CITY DISPOSAL CORPORATION

Agent

UNITED STATES RUBBER COMPANY

Purchasing Agenty

*7°VAttachment 15

STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY

?ATE JOF WISCONSIN,

Plaintiff,

vs.Case No. 83-CV-1115

UNIROYAL, INC.,a foreign corporation, andHASTE MANAGEMENT OF WISCONSIN, INC.,a domestic corporation,

Defendants.

DEFENDANT, WASTE MANAGEMENT OF WISCONSIN, INC.'SSUPPLEMENT OF ITS ANSWERS AND RESPONSES TOPLAINTIFF'S FIRST SET OF INTERROGATORIES AND

PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS

Defendant, Waste Management's initial responses toPlaintiff's First Set of Interrogatories and Requests forProduction of Documents were filed on April 26, 1983.Defendant, Waste Management, herein supplements its priorresponses as set forth below. In order to answer Plain-tiff's interrogatories, it is assumed that the Plaintiffseeks to inquire about events involving Uniroyal withrespect to the transportion or disposal of waste fromUniroyal's Stoughton plant during the period in issue asdefined in the Complaint. Hence, the answers herein are solimited unless otherwise stated.

INTERROGATORY 1

Describe the corporate structure of the Defendant, WasteManagement, including, but not limited to:

a. The relationship between Waste Management andWaste Management, Inc.;

b. The relationship between Waste Management andChemical Waste Management, Inc.;

c. The name, address and chief executive officer ofeach wholly-owned subsidiary of Waste Management;

d. The name, address and chief executive officer ofeach corporation engaging in the transportation, treatment,storage or disposal of solid or hazardous waste in whichWaste Management or any of its wholly-owned subsidiariesowns any common or preferred stock or stock options;

e. The name and address of each current member of theboard of directors of Waste Management, and the dates of hisor her term as a director;

f. The name, title and address of the current chiefexecutive officer and each executive of Haste Management,Inc., and the dates of his or her employment in his or hercurrent position;

g. List of all services and business-related activi-ties in which Waste Management is currently engaged, includ-ing but not limited to the names and addresses of all wastehauling businesses, landfills and waste treatment or storagefacilities which Waste Management owns or operates; and

h. Production of all shareholder reports of WasteManagement and Waste Management, Inc., since 1969.

Supplement to Answer 1(e); The names and addresses andthe dates whicheach member of the Board of Directors ofWaste Management began his term are as follows:

Dean L. Buntrock3003 Butterfield RoadOak Brook, Illinois 60521

H. Wayne Huizenga3003 Butterfield RoadOak Brook, Illinois 60521

Phillip B. Rooney3003 Butterfield RoadOak Brook, Illinois 60521

5/1/83 - 5/1/84

5/1/83 - 5/1/84

5/1/83 - 5/1/84

Supplementname s,

to Answer 1(f): The following are thethe executive officers oftitles and addresses of

Waste Management and the date of each executive's term ofemployment in his current position:

William R. Katzman, Pres.3333 North Mayfair RoadMilwaukee, Wisconsin 53222

Jerome D. Girsch, V. Pres.3003 Butterfield RoadOak Brook, Illinois 60521

5/1/83 - 5/1/84

5/1/83 - 5/1/84

-2-

5/1/83 - 5/1/84Janes 0'Connor, V. Pres.3333 North Mayfair RoadMilwaukee, Wisconsin 53222

Theodore W. Meyer, V. Pres.W124 N8925 Boundary RoadMenomonee Falls, Wisconsin 53051

Peter Vanderveld, V. Pres.10627 South 27th StreetFranklin, Wisconsin 53132

Peter H. Huizenga, Sec.3003 Butterfield RoadOak Brook, Illinois 60521

W. Brand Bobosky, Asst. Sec.3003 Butterfield RoadOak Brook, Illinois 60521

John B. Furman, Asst. Sec.3003 Butterfield RoadOak Brook, Illinois 60521

David I. Kopp, Asst. Sec.3003 Butterfield RoadOak Brook, Illinois 60521

Richard L. Ancelet, Asst. Sec.3333 North Mayfair RoadMilwaukee, Wisconsin 53222

Donald F. Flynn, Treasurer3003 Butterfield RoadOak Brook, Illinois 60521

Ronald Jericho, Asst. Treas.3003 Butterfield RoadOak Brook, Illinois 60521

INTERROGATORY 2

Describe the relationship among Waste Management, AcmeDisposal Services Corporation (Acme Disposal) and CityDisposal Corporation (City Disposal), a waste collection andtransportation company which operated in and aroundStoughton, Wisconsin, between. Inter alia, the years 1962and 1970, including but not limited to:

a. All contracts or other agreements among CityDisposal, Acme Disposal and Waste Management; and

b. Identification of all transfers of assets, liabil-ities or ownership interests among City Disposal, AcmeDisposal and Waste Management.

-3-

5/1/83 - 5/1/84

5/1/83 - 5/1/84

5/1/83 - 5/1/84

5/1/83 - 5/1/84

5/1/83 - 5/1/84

5/1/83 - 5/1/84

5/1/83 - 5/1/84

5/1/83 - 5/1/84

5/1/83 - 5/1/84

Supplement to Answer 2. Attached hereto, aa AppendixA, are copies of the Articles of Incorporation for both AcmeDisposal Service Corporation (hereinafter "Acme Disposal")and City Disposal Corporation (hereinafter "City Disposal"),a copy of the Amended Articles of Incorporation amending thename of City Disposal, a copy of the Plan and Agreement ofMerger between Acme Disposal and City Disposal, and a copyof the Amended Articles of Incorporation.

INTERROGATORY 4

If the answer to Interrogatory No. 3 is "yes," provide thefollowing information and documents:

a. The date(s) of each contract or agreement;

b. The name, title and most recent known addresses ofeach individual who participated in the negotiation of eachcontract or agreement.

c. The understanding of the parties to each contractor agreement as to the nature or characteristics of thewaste to be collected, the frequency of collection and themanner of disposal; and

d. All contracts, correspondence, bills, invoices,receipts or any other documents describing, identifying,reflecting or otherwise relating to the contracts andagreements identified herein.

Supplement to Answer 4 (a) and (b) . The dates of eachcontract,agreementandamendmentthereto and the signa-tories are as follows:

Date

11/26/6211/26/621/23/623/28/63

3/01/66

4/27/672/2/685/21/696/27/693/06/708/11/702/02/681/09/691/05/70

11/02/70

UniroyalI.D. No.

SC-635PD-S-144Addendum IIAddendum 12Addendum 13Addendum HSC-888Alteration tlAlteration 12Alteration 13Alteration HAlteration |5Alteration #6Alteration 17SC-950SC-500F1190-0-00400SC-417

UniroyalSignatory

W. C. BrodhagenUnreadableH. C. BrodhagenW. C. BrodhagenW. C. BrodhagenW. C. BrodhagenW. C. BrodhagenW. C. BrodhagenW. C. BrodhagenH. C. BrodhagenW. C. BrodhagenW. C. BrodhagenW. C. BrodhagenW. C. BrodhagenW. C. BrodhaganW. C. BrodhagenW. C. BrodhagenW. C. Brodhagen

City DisposalSignatory

Peter 0. Abeles

Peter O. AbelesPeter O. AbelesPeter O. Abeles

-4-

* This contract is undated; however, correspondence from Mr.Frederick B. Weber, Plant Superintendent of Uniroyal'sStoughton Plan to Mr. Peter Abeles of City Disposal dated12/12/62 indicated that service began on 10/08/62, possiblypursuant to this contract.

In answer to Interrogatory 4<b), all of the contracts,agreements and amendments were either signed on behalf ofCity Disposal by Mr. Peter 0. Abeles or said documents wereprepared for his signature. The current whereabouts of Mr.Abeles is not known by Waste Management; however, it isbelieved that the Plaintiff has information in its filespertaining to a different matter involving Mr. Abeles, andthat said files likely contain Mr. Abeles1 most recentaddress. Mr. Abeles was Assistant Secretary of CityDisposal from 12/1/61 through 8/18/67, the date of merger ofCity Disposal with Acme Disposal. After the merger, Mr.Abeles was a Vice President of Acme Disposal from 8/18/67 to11/6/67 and again from 4/16/69 to at least 1/1/71. With theexception of the 11/26/62 contract, all contracts, agree-ments and amendments thereto were signed by Mr. W. C.Brodhagen as purchasing agent for Uniroyal. Waste Manage-ment is unaware of Mr. Brodhagen's current address.

Supplement to Answer 4(c). The understanding of theparties to each contract, agreement and amendment theretoregarding the nature of the waste, frequency of collectionand manner of disposal is reflected in the contracts,agreements and amendments thereto, copies of which, found todate, are attached as Appendix B. Copies of all correspon-dence found to date pertaining to said contracts and agree-ments are provided and attached as Appendix C. Copies ofall bills, invoices, receipts and any other documentsrelating to the contracts and agreements previously identi-fied, which have been found to date, are provided andattached as Appendix D.

Supplement to Answer 4(d). See Interrogatory 6(d) .

INTERROGATORY 5

State whether City Disposal, Acme Disposal or Waste Manage-ment ever entered into a contract, lease or other agreementfor the disposal of waste at the Dunkirk Site.

Supplement to Answer 5. City Disposal did lease aportion of the Dunkirk Site (approximately a 10-acre parcellocated in the NE 1/4 of the SW 1/4), but did not, to WasteManagement's information and belief, ever enter into adisposal contract or agreement for disposal of waste whichrequired that the waste be disposed of at that site.

-5-

INTERROGATORY 6

If the answers to Interrogatory 5 is "yes," provide thefollowing information and documents:

a. The date(s) of each such contract, lease or agree-ment;

b. The name, title and moat recent known address ofeach individual who participated in the negotiation of eachcontract, lease or agreement;

c. The understanding of the parties to each contract,lease or agreement as to the nature and characteristics ofthe waste to be disposed, the frequency of disposal, thelocation of disposal at the Dunkirk Site and the manner ofdisposal; and

d. All contracts, correspondence, bills, invoices,receipts or any other documents describing, identifying,reflecting or otherwise relating to the contracts, leasesand agreements identified herein.

Supplement to Answer 6(a). The effective date on thelease was December T^ 1962, although the parties did notexecute it until December 10, 1962.

Supplement to Answer 6 (b). A lease was signed by NoraSundby and Peter O. Abeles.The former named individual isdeceased and the latter individual's title and most recentaddress are unknown as set forth above in the answer toInterrogatory 4. Additionally, Attorney Robert D. Sundbyparticipated in the negotiation of this lease as the attor-ney representing City' Disposal. His current address is c/oDeWitt, Sundby, Huggett & Schuraacher, S.C., 121 SouthPinckney Street, Madison, Wisconsin 53703.

Supplement to Answer 6 (c). The understanding of NoraSundby and City Disposal to the lease are best reflected inthe lease, a copy of which is provided and attached asAppendix E.

Supplement to Answer 6(d). In addition to the copy ofthe lease attached as Appendix E, the re is also included adraft of a lease agreement between Nora Sundby and CityDisposal, unsigned and marked "Revised 12/10/62."

In addition, the following identified documents exist:

-6-

DateType ofDocument Author Addressee

12/03/62 Statement/Services

12/07/62 Letter

12/14/62 Letter


3/02/63 -Statement/

5/17/63 Letter

9/23/65 Letter


11/05/65 Letter


6/27/66 Letter



2/23/67 Letter

6/30/67 Letter

9/21/67 Letter

9/26/67 Letter

9/ /67 TrialNotes

Robert D. Sundby

Robert D. Sundby

Robert D. Sundby

Robert D. Sundby

Robert D. Sundby

Robert D. Sundby

Robert D. Sundby

City Disposal

Peter Abeles,c/o City Disposal



City Disposal

Peter Abelesc/o City Disposal


Robert D. Sundby City Disposal

Robert D. Sundby Peter Abeles,c/o City Disposal


Robert D. Sundby Peter Abeles,c/o City Disposal


Robert D. Sundby

Peter AbelesCity Disposal

Robert D. Sundby

Robert D. Sundby

Robert D. Sundby

Robert D. Sundby

-7-

City Disposal

Robert D. Sundby




DateType ofDocument Author Addressee

10/04/67 Letter


10/23/67 Letter

Robert D. Sundby Peter Abeleac/o City Disposal


Robert D. Sundby Peter Abeles,City Disposal

The above-referenced documents are located in the filesof DeWitt, Sundby, Huggett & Schumacher, S.C., 121 SouthPinckney Street, Madison, Wisconsin 53703, which is thecustodian thereof. Privilege is claimed for all of theabove-referenced documents in that they are either subjectto attorney/client privilege or represent the attorney'swork product prepared by Attorney Robert D. Sundby in hisrepresentation of City Disposal, a/k/a City DisposalService, Inc.

In addition, certain correspondence and other documentsrelating to the lease identified above are provided inanswer to this interrogatory and attached hereto as AppendixF. These documents consist of the following:

DateType ofDocument

N/A Ordinance

11/29/62 Application

11/29/62 Letter

12/07/62 Letter

12/07/62 Letter

9/22/65 Easement

2/18/66-2/26/66 Invoice

Preparer

Robert D. Sundby

City Disposal

Robert D. Sundby

Robert D. Sundby

Robert D. Sundby

Nora Sundby

Randolph W. Butlerand Wm. R. Johnson,d/b/a StoughtonExcavators

Addressee

Town of Dunkirk

Town of Dunkirk

Mr. Oscar Holte,ChairmanTown of Dunkirk

Mr. Liniel H.Cooper, Mayor

Mr. Julius Johnson,ClerkTown of Dunkirk

Wisconsin Power &Light

City Disposal

-8-

Date

3/04/66

Type ofDocument

Invoice

Preparer

Randolph W. Butlerand Wm. R. Johnson,d/b/a StoughtonExcavators

4/01/66 -4/09/66 Invoice

6/24/66

6/24/66

4/16/67

Ingar Rambo

Atty. Wra. Chritton

Atty. Wm. Chritton

Summons Atty. Wra. Rice forand Garnishee Randolph W. Butler

and Wm. R. Johnson,d/b/a StoughtonExcavators

Letter

AgreementTerminatingLease

Summons andComplaint

6/12/67

6/14/67

Letter

Notice ofTrial

10/02/67 Decision

Robert D. Sundby

Dane County Court

Judge Wm. D. Byrne

10/03/67 Notice ofEntry ofJudgment

11/21/67 Letter

INTERROGATORY 7

Atty. Wm. G. Rice

Robert D. SunoTby

Addressee

City Disposal

City Disposal

Robert D. Sundby

City Disposal

City Disposal

County Court

Randolph W. Butlerand Wm. R. Johnsonand Robert Sundby

Randolph W. Butlerand Wm. R. Johnsonand City Disposal

City Disposal

Atty. Wm. G. Rice

State whether City Disposal, Acme Disposal or Waste Manage-ment ever deposited any wastes at the Dunkirk Site.

Supplement to Answer. On information and belief, WasteManagement believes that waste was deposited by CityDisposal on portions of the Dunkirk Site which it had underlease.

INTERROGATORY 8

If the answer to interrogatory 7 is "yes," provide thefollowing information and documents:

a. Each date on which wastes were so deposited;

b. The name, title and most recent known address ofeach employee of City Disposal, Acme Disposal or WasteManagement who participated in the disposal of wastes at theDunkirk Site;

c. The name and address of each individual, munici-pality/ partnership, corporation or other business whosewastes were deposited at the Dunkirk Site; except thatDefendant need not provide the name of each individual whoseresidential wastes were collected or disposed of pursuant toa municipal contract;

d. The physical states and constituents of the wasteswhich were so disposed on each date of disposal;

e. The quantities of waste which were disposed oneach date of disposal;

f. The general location within the Dunkirk landfillin which each waste was deposited; and

g. Production of all documents describing, identify-ing, reflecting or otherwise relating to the disposal ofwastes at the Dunkirk Site.

Supplement to Answer 8(a). Upon information andbelief, waste was deposited by City Disposal at unspecifiedtimes between December, 1962 and August 15, 1966 on portionsof the Dunkirk Site which it had under lease; said datesbeing the month during which the lease was executed and thetermination date of the lease. Specific times and dates areunknown at this time.

Supplement to Answer 8(b). The following formeremployees might have participated in the disposal of wastein the leased area at the Dunkirk Site:

"Shorty" Coleraan, address unknown;

David Grumke, address unknown;

Robert Kokowski (phonetic), last known tohave been living in Oregon, Wisconsin;

Robert F. Logan, address unknown;

Gerald Onsrud, Grand Junction, Colorado(per DNR interview form dated February 9, 1982);

-10-

John Sokolic, Jefferson/ Wisconsin;

Delane Stenjem, address unknown;

Ellery Vinje, address unknown.

Waste Management has not completed its investigationregarding the location of these and possible additionalemployees and specifically asserts that the above list maynot be the complete list. However, it also asserts that oneor more of the individuals may not have participated in thedisposal of waste at the Dunkirk Site.

Supplement to Answer 8(c)• Upon information currentlyavailable to Waste Management, waste from the City ofStoughton and certain waste from Uniroyal were likelydeposited in the leased area at the Dunkirk Site during theperiod identified above. Specifically/ by the terms of acontract between the City of Stoughton and City Disposal,the latter was required to pick up garbage and refuse fromapproximately 1,550 family dwellings and commercial estab-lishments located within the boundaries of the City ofStoughton. By the terms of that contract, City Disposal wasnot required to collect and dispose of refuse material fromany industrial establishment located within the City bound-aries, but the agreement did provide that City Disposal wasrequired to collect and dispose of refuse from all churches/charitable institutions and municipal buildings locatedwithin the City. At this time it is unknown whether CityDisposal, during the period of time identified above, didenter into any separate agreements with industrial estab-lishments located within the City.

Further, upon information currently available to it,Waste Management believes that City Disposal collected wasteon occasion from the Fort Atkinson and Deerfield areas and,on an occasional basis/ deposited it in the leased area atthe Dunkirk Site during the period identified above. Thenames of particular entities other than the City of FortAtkinson and the Village of Deerfield are not known to WasteManagement at this time.

Supplement to Answer 8(d). Upon information currentlyavailable to Waste Management/ the physical state of allsaid waste disposed of during said period was solid and theconstituents consisted of municipal refuse and plasticcoated materials, paper and fabric.

Supplement to Answer 8(e). Waste Management has beenunable to date to locate any records regarding the quanti-ties of waste which are assumed to have been disposed ofbetween December, 1962 and August 15, 1966 at the portion ofthe Dunkirk Site which was subject to the lease. CityDisposal' s files reviewed to date contain no informationregarding the dates of disposal.

-11-

Supplement to Answer 8<f). Waste Management knows ofno information at this time regarding the general locationat which waste was deposited at the Dunkirk Site, other thanto reassert that the leased premises set out in Appendix Ewere limited to only approximately 10 acres.

Supplement to Answer 8(g), The only document, inaddition to the lease in Appendix E, which Haste Managementcurrently has any knowledge of reflecting or otherwiserelating to the disposal of waste at the Dunkirk Site is theagreement between the City of Stoughton and City Disposalpreviously identified. This agreement does not mandate thatthe waste from the City of Stoughton be disposed of at theDunkirk Site; however, it is Waste Management's belief thatwaste from the City of Stoughton was, at least in part,deposited in the leased area of the Dunkirk Site during theperiod previously mentioned. A copy of the Stoughton/CityDisposal agreement is attached hereto as Appendix G.

INTERROGATORY 9

State whether City Disposal, Acme Disposal or Waste Manage-ment or anyone acting on their behalf ever tested the wastesdisposed of at the Dunkirk Site for their chemical proper-ties or toxicity prior to disposal.

Supplement to Answer. Based on information and belief.Waste Management is unaware of any testing done of thewastes deposited at the Dunkirk Site prior to disposal.

INTERROGATORY 10

If the answer to Interrogatory No. 9 is "yes", provide thefollowing information and documents:

a. The date(s) on which each such test was conducted;

b. The reasons why each test was conducted;

c. The kinds of waste which were tested;

d. The name, title and most recent known address ofeach individual (or company) who sampled or tested thewaste; and

e. All lab reports, test results and any otherdocuments describing, identifying, reflecting or otherwiserelating to the sampling and testing of wastes.

Supplement to Answer; Not applicable.

INTERROGATORY 11

List all sites and locations, other than the Dunkirk Site,by street address or legal description, at which Uniroyalwastes have been deposited by City Disposal, Acme Disposalor Waste Management.

-12-

Supplement' o Answer; Waste Managemt . is continuingits investigation withrespect to information relating tothis question and is also researching various legal issuesraised by it. At such time as its investigation and re-search are concluded, it will further supplement its answerto this question.

INTERROGATORY 12

For each site or location identified in response to Inter-rogatory No. 11, provide the following information anddocuments:

a. Each date on which wastes were deposited at eachsite;

b. The type of waste deposited on each date;

c. The name and address of each person who partici-pated in the disposal activity on each date; and

d. All documents describing, identifying, reflectingor otherwise relating to the information identified herein.

Supplement to Answer 12; Not applicable. See answerto Interrogatory 11 above.

INTERROGATORY 13

State whether City Disposal, Acme Disposal, Waste Manage-ment, any of their agents or employees or anyone acting onits behalf has ever studied, analyzed or made a determi-nation of the quantity, nature or condition of the wasteswithin the Dunkirk Site.

Supplement to Answer; As of this time, to the best ofWasteManagement1sknowledge, "no", except as modified inthe answer to Interrogatory 14 below.

INTERROGATORY 14;


a. The name and most recent known address of eachindividual, partnership, corporation or municipality whichhas participated in such study, analysis or determination;

b. The date(s) on which each study, analysis ordetermination was concluded; and

c. All reports, correspondence and other documentsdescribing, identifying, reflecting or otherwise relating toeach such study, analysis or determination.

Supplement to Answer: According to DNR records, inAugust, 1981, the DNR provided to Chemical Waste Managementsome waste from a barrel taken from the Hagen property andChemical Waste Management analyzed the same and provided theresults to the DNR in November, 1981.

-13-

INTERROGATORY NO. 15

State whether City Disposal, Acme Disposal, Waste Managementor anyone acting on its behalf, has ever studied, analyzedor made a determination of the percentage of total wasteswithin the Dunkirk Site which are attributable to Uniroyalwastes.

Supplement to Answer: As of this time, to the best ofWaste Management's knowledge, "no."

INTERROGATORY 16:


a. The name and most recent known address of eachindividual, partnership, corporation or municipality whichhas participated in such study, analysis or determination;

b. The date{s) on which each such study, analysis ordetermination was concluded; and

c. All reports, correspondence and other documentsdescribing, identifying, reflecting or otherwise relating toeach such study or determination.

Supplement to Answer: Not applicable.

ANSWERS TO INTERROGATORIES; WASTE MANAGEMENT OF WISCONSIN,INC.

STATE

COUNTY OFss.

Subscribed and sworn to before me thisJune, 1983. .- -

Notary Public,My Commission expires

.,., ......Mf "Ls.?iorj

03US7 2. 1985

-14-

OBJECTIONS TO INTERROGATORIES: The Defendant, Waste Manage-mentofWisconsin,Inc.,makes the following objectionregarding the request for the production of certain docu-ments as identified in its Answer to Interrogatory 6 (d) .The objection to the production of these documents is thatthey are either attorney work product or are subject to theattorney-client privilege which Waste Management ofWisconsin, Inc., as successor to City Disposal, declines towaive.

DEWITT, SUNDBY, HUGGETT & SCHUMACHER,S.C.

BY:Jarafes G. DeroninAttorney for Defendant,Vaste Management of Wisconsin, Inc.

-15 -

OF v /Tr roMsin crncair COURT DAMP COUNTY

STATE OF WISCONSIN,

Plaintiff,

vs.CASE NO. 83-CV-1113

UNIROYAL, INC.,a foreign corporation,

andWASTE MANAGEMENT OF WISCONSIN, INC.,a domestic corporation.

Defendants,

DEFENDANT, WASTE MANAGEMENT OF WISCONSIN, INC. ' SANSWER TO PLAINTIFF'S FIRST SET OF INTERROGATORIES

AMD RESPONSE TO PtAINTIFF'S REQUEST FOPPRODUCTION OF DOCUMENTS

TO: Assistant Attorneys General Carl A. Sinderbrand andRobert A. Selk

P.O. Pox 7857Madison, Wisconsin 53707

Defendant, Waste Management of Wisconsin, Inc., one of

the defendants in the above-captioned answer, makes the

following answers to plaintiff's first set of written

interrogatories and further makes the following response to

plaintiff's request for production of documents.

INTERROGATORY 1:

Describe the corporate structure of the defendant,

Wantfi Management, including, but not limited t-o:

a . The relationship hetwo^n Haste Managrnont and

W^ste r'on.ngement , Inc.;

b. ?he relationship between t.'aste Management and

Chemical Waste Management, Inc.;

c. The name, address and chief executive officer

of each wholly-owned subsidiary of Waste Management;

d. The name, address and chief executive officer

of each corporation engaging in the transportation, treat-

ment, storage or disposal of solid or hazardous waste in

which Waste Management or any of its wholly-owned subsi-

diaries owns any common or preferred stock or stock options;

o. The name and address of each current nember

of the hoard of directors of Waste Management, and the dates

of his or her term ?s a director;

f. The r.ane, title and address of the current

chief executive officer and each executive of Waste Manage-

ment, Inc., and the dates of his or her emplovmcnt in his or

her current position;

g. List of all services and business-related

activities in which Waste Management is currently engaged,

including but not limited to the nanes and addresses of all

waste hauling businesses, landfills an'd waste treatment or

storage facilities which Waste Management owns or operates;

and

h. Production of all shareholder reports of

VJaste Management, and Waste Management, Inc., since 1969.

ANSWER NO. 1 :

The de f cndant, Uas*-p Management , answers this Tnter-

roqatory and addresses each of the suhhe^ clings raised

there J n , as fol 1 r>ws :

a. l.'as to Miinaqement: of Wiscon Kin, Inc. ("V.'asto

Management") is a wholly-owned subsidiary of Haste Manaqe-

recnt, Inc.

b. Waste Management and Chemical Waste Manage-

ment, Inc. arc both wholly owned subsidiaries of Waste

Management, Tno.

c. None.

d. None.

e. The names and addresses and the dates which

each member of the Board of Directors of Waste Management

began his tern are as follows:

Dean I,. Huntrock 5/1/6? - 5/1/833003 nuttcrfield RoadOak Brook, Illinois 60521

H. Wayne tluizenga 5/1/82 - 5/1/833003 Butterfield RoadOak Brook, Illinois 60521

r.awrence Beck 5/1/8,? - 5/1/833003 Butterfield RoadOak Brook, Illinois 60521

f. The following are the names, titles and

addrespGs of each executive officer of Uaste Management and

the date of each executive's term of employment in his

current position:

Willlan P. Katzman, President 5/1/82 - 5/1/833333 M. Mayfair RoadMilwaukee, Wisconsin 53522

Jerome 0. Girsch, Vice President 5/1/82 - 5/1/833003 Dutterfield RoadOak Brook, Illinois: 60521

James O'Connor, Vice President 5/1/82 - 5/1/033333 North Mayfair ToadMilwaukee, Wisconsin 5321-2

Theodore !.'. Meycr , Vice Pros. 5/1/0,7 - 5/1/S3W124 N8925 Boundary Rd .

Falls, Wisconsin 53051

Peter H. Huizonga, Secretary 5/1/82 - 5/1/033003 ButterfieJd PoadOak Brook, Illinois 60521

W. Brand Bobosky, Asst. Secy. 5/1/82 - 5/3/833003 Butterfield RoadOak Brook, Illinois 60521

John D. Furroan, Asst. Secy. 5/1/82 - 5/1/8.33003 Butterfield RoadOak Brook, Illinois 60521

David I. Kopp, Asst. Secy. 5/1/82 - 5/1/833003 Butterfield RoadOak Brook, Illinois 60521

Richard L. Ancelet, Asst. Secy. 5/1/82 - 5/1/833333 North Mayfair Rd,Milwaukee, Wisconsin 53222

Donald F. Flynn, Treasurer 5/1/C2 - 5/1/833003 Butterfield RoadOak Brook, Illinois 60521

Ronald Jericho, Asst. Treas. 5/1/82 - 5/1/833003 Butterfiold RoadOak Brook, Illinois 6052]

g. The following is a list of all hauling

businesses, landfills and facilities owned and operated by

Wastf? Management:

Disposal10627 S. ,?7th StreetFranklin, Wisconsin 51132

Metro Landfill10712 S. 124th StreetFrankl in, Wisconsin 5313?

Muskego t, and fillS82 W21595 Waunr Lanefluskego, Wisconsin 53150

Onega Hills C-andfill )M96 W12730 County Line PoadCo rman town , Wisconsin 53022

Pheasant Run Landfill1914 60th StreetBristol, Wisconsin 53104

Ridge View LandfillP. 0. Box 217Wh ite Iv/aw, Wisconsin 5 4 2 4 7

United Waste SystemsW124 N8925 Boundary RoadMenomonee Falls, Wisconsin 53051

Waste Management of Fox ValleyRoute 4, flighway 55Kaukauna, Wisconisn 54130

City Disposal Systems2418 W. Badger RoadMadison, Wisconsin 53713

Haste Management of Milwaukee639 K. Polk StreetMilwaukee, Wisconsin 53202

Wisconsin Repair Shop360 S. Curtis RoadWest Allis, Wisconsin 53214

h. Waste Management, Inc. was not a publicly

held company until June 1971; consequently, Annual Share-

holder Reports of Waste Management, Inc. for the years 1971

through 1982 are available. A copy of each report is

attached hereto. Waste Management, as a wholly-owned

subsidiary of Waste Management, Inc., issued no Shareholders

reports.


Describe the relationship among Waste Management, Acne

Disposal Services Corporation (Acme Disposal) and Citv

Disposal Corporation (City Disposal), a waste collection snd

t- ranspor**.a t ion company which operated in and around

Stnughton, Wisconsin, between, Inter alia, the yoars 1962

and 1970, i neluding but not limited t:o:

-5-

a, All contracts or other aqroononts amonq City

Disposal, Acne Disposal and Waste Management; and

b. Identification of all transfers of ascrts,

liabilities or ownership interests among City Disposal, Acme

Disposal and 1-,'aute Management.

ANSWER NO. 2 :

Acne Disposal and City Disposal were separate domestic

corporations incorporated under the laws of the State of

Wisconsin, which subsequently merged with Acme Disposal

being the surviving corporation. Subsequent to that merger,

Acne Disposal changed its name to Waste Management. Speci-

fically, Acme Disposal Service Corporation was incorporated

unHcr the laws of the State of Wisconsin; Articles of

Corporation having been filed in the Office of the Secretary

of State on November 3, 1959 and a certified copy thereof

having been duly recorded in the Office of the Milwaukee

County Register of Deeds on December 17, 1959. City

Disposal Service, Inc." was incorporated under the laws of

the State of Wisconsin, with the Articles of Incorporation

having been filed in the Office of the Secretary of State on.*. -

December 4, 1961, and a certified copy thereof recorded in

the Milwaukee County Register of Deeds Office on January 5,

1963. City Disposal Service, Inc. subsequently changed its

p.ane to rity Disposal Corporation by filing Amended Articles

of Incorporation in the Office of the Secretary of State on

January }~l, 1963. Subsequent 1 v, on August 2G, 1967, a Plan

.ind Agreement of Corner were filed with the Office of the

Decretory of Stoto, ncrginq City Pisposa] Corporation, with

— n —

and into Acme Disposal Service Corporation. On .January 19,

l*>72. Acne Disposal Service Corporation filed an Amendment

t-n i tr, Articler of Incorporation with the Office of tho

Secretary of Statf3. chanqlng its name to Haste Management of

Wisconsin, Inc.

The Plan and Agreement of Merger referenced above

constitute the only contract or agreement among City

Disposal and Acme Disposal to defendant's best knowledge.


State whether Acne Disposal, City Disposal or Waste

Management have entered into a contract or other agreement

with Uniroyal for tho transportation or disposal of waste

from the lit ought on Plant.

AMSWFR MO. 3:

Yes.

INTFPPOCATORIES NO. 4 THROUGH 16, INCLUSIVE:

ANSWERS NO. 4 THROUGH 16, INCLUSIVE;

Further response to Interrogatories 4 through 16,

inclusive, will be provided as the investigation by the

defendant continues of existing corporate records. It is

anticipated that such investigation might likely yield data

sufficient upon which to form responses to these Interroga-

tories within 30 to 60 days.

ANSKFRS TO INTERROGATORIES:DE WITT, S U N D B Y , IIUGGETT & SCHUMACHER,S.C. /^——,DY:_____

,Tamo£ D. DerouinAttorneys for Defendant,Waste Management of VJisronpir., Inc.

Mailing Address:P.O. Pex ? 5 0 9M.id i r,on , -J i:-:<:on<: in """""'

-7-

Attachment

'4625-4002-00 8/7 89Waste Management,Schroeter

Box One?MS 3ox = 1389-2163:, Pa<5e l

Folder One: Deposition Abstract, Excepted DepositionTestimony on injuries, Interrogatory Answeron injuries, medical records bound in filefolders for the following plaintiff families

1 ) Schiesl Family2) Vanderpan Family3} Greg Sundy Family4) Van Deusen Family5) Sagmoen Family6 } K-Way Insulation7i Abstracts of Plaintiff's Depositions

and Excerpts of Medical Testimony

O Lder Two: Plaintiffs' Medical Records

1 , Clifford Schiesl2) Sandra Schiesl3) Russell Sagmoen4) Gregory Sundby5) Justin Sundby6) Carol Van Deusen7) Mark Van Deusen8) Michelle Van Deusen9) Ross Van Deusen10) Marilyn Vanderpan11) Robert Vanderpan12) Erin Vanderpan (2 folders)

Folder Three: Plaintiffs' Depositions & Summaries

1) Cynthia Rose Sagmoen2) Robert Lee Sagmoen3) Clifford A. Schiesl4) Sandra Lee Schiesl5) Rose Schroeter6) John Schroeter7) Marilyn Vanderpan8) Robert Vanderpan9) Ross Van Deusen10) Carol Van Deusen11) Orin Hagen

9 4 6 2 5 - 4 0 0 2 - 0 0 3 / 7 39Waste Management/Schroeter

jane, from RMS Box < 1989-2163:Box OnePage 2

folder Four: Plaintiffs' Depositions & Exhibits

1) Richard H. Sundby2) Hagen/Sundby Sand & Gravel Easement

Sundby Sand Gravel Balance Sheet &Leases

3) David Ryan Kober4) Gregory Alan Sundby

94625-4002-00Waste Management/Schroeter

7MS Box * 1989-2164:Box TwoPage 1

7 89

Folder One Summaries & Depositions of Uniroyai Employees

- Exhibits

Folder Two

It Robert C. Miles, P.E2) Robert C. Miles, P.E.

(missing)--see Box 183) William Stelling4} William Broadhagen5) Frank Krawcek6) Lloyd Lea

Summaries & Depositions of DNR Employees

M William T. Rock2} Wende11 Wo j ne r5) Patrick T. McCutcheon4^ Mark Giesfeldt5) Joseph Brusca6) Floyd Shantz7) Douglas Morrisette8) Nile Ostenso

Folder Three: Summaries & Depositions of Lay Witnesses

1

3)4)5)6)*~ \8)

DouglasOdean AWilliamRudolphRussellThomas

Roger OlsonOscar Forton

PfundhellerTeigen

R. JohnsonButlerReppen

ReppenWilliam Chritton

Folder Four: Summaries & Depositions of Lay Witnesses

1) Betty Jane Lehman2} Herbert W. Lehman, Jr.3) Helen J. Johnson4) Herbert W. Lehman, Sr.5) Alice Long5 ) Richard Long

9 4 6 2 5 - 4 0 0 2 - 0 0 8 / 7Waste Management/Schroeter

rent, from EMS Box 1989-2164: Bnox Tw°———————-————— Page 2

Folder F ive : Summaries & Depositions of Waste ManagementEmployees

1) William Katzman2) Jerome Girsch3) Joseph G. Homsy

94525-4002-00waste Management,Schroeter

89

rMS BOX * 1989-2165:

Folder One:

Folder Two:

Folder Three:

F: lder Four:

Fo lder Five:

Folder Six:

Folder Seven:

Folder Eight:

Box Three

Shrank Learned Treatises - Cancer & Toxicity

State v. Waste Mgmt - Weston Reports

Site Reports

1) 1985 Westin Report2 ) Eder Report & Update3) USGS Groundwater Report4) 1985 Kean Geophysical Report5) Nulton Report

Shrank Learned Treatises - Groundwater

Legal Research - Nuisance

DNR - Hagen Tank & Photos

DNR - Documents

DNR - Documents


8/7 '89

:MS 3ox a 1389-2166:

Folder One:

Folder Two:

Folder ThreePhysicians

Folder Four

Folder Five

Box Four

Folder Six:

Defendants' Learned Treatises - Cancer

Sundby Sand & Gravel - Concrete Contracts

Summaries & Depositions of Treating

1) Charles W. Fishburn, M.D.2) Leland J. From, M.D.3) John Marshall, M.D.

Corporate Records

1 ) City Disposal2 } Acme

Summaries & Depositions of DisposalEmployees

1 } Peter 0. Abeles2 ) Gerald Onsrud3 ) John Sokolic

Summary & Deposition: Robert H. Sundby

94625-4002-00 8/7 89Waste Management/Schroeter

7MS BOX * 1989-2167: Box Five

Folder One: Exhibits from Experts' Depositions

1) Exhibits - Raymond Singer, Ph.D.2} Exhibits - Raymond Singer, Ph.D.3) Exhibits - Raymond Singer, Ph.D.4} Singer Questionnaires

Folder Two: Summaries, Depositions & Exhibits1) James I. Hoffman - Plaintiffs' Expert

Geologist2) Bruce L. Outright - Plaintiffs'

Expert- Alternative Remedial Measures3) Kenneth Phi Hip Kushner, Ph.D. -

Plaintiffs' Expert - Psychologist

Folder Three: Depositions & Exhibits - Bertram W. Carnow,M.D.

i) Miscellaneous Documentsa) Carnow deposition: Beavers v.

Dow (Agent Orange)b) Miscellaneous papers re:Pratt

v. Carnowc) Carnow deposition: Ward v.

Johns-Ma.nville, 9/14/81d) In re Agent Orange, 611 F.

Supp. 1267 (D.C.N.Y. 1985)e) Ackerman v. Union Carbide,

Defendant's Response toPlaint iff's Objections ire:Carnow)

f) Exhibits to Carnow deposition,7 25/86

g) Deposition*-, Abstract, &Exhibits: Bertram W. Carnow,7 25/86.

h) Alcolac Law Suit Videotape.

94625-4002-00 8'7 89Waste Management/Schroeter

7MS Box * I989-216S: Box Six

Polder One: Depositions and AbstractsJey A. Jeyapalen (complete)

Folder Two: Depositions, Summaries & Exhibits1) William S. Stevens - Defendants'

Expert-Groundwater Modelling2) Terrance M. Briggs - Defendants'

Expert-Industrial Hygienist3) Daniel W. Hall - Defendants' Expert -

Air Pollution4) Kay H. Jones - Defendants' Expert -

Psychiatrist_ 5) Leigh M. Roberts - Defendants' Expert

-Chemist6} John Edward Kasik, M. D . - Defendants'

Expert7) E. Alexander Hill, Defendants' Expert

Folder Three: Exhibits to Jeyapalen Deposition

1) Jeyapalen Report - July 29, 19862) Exhibits to Jeyapalen Deposition -

July 1, 19863) Exhibits to Jeyapalen Deposition -

September 5, 19864} Exhibits to Jeyapalen Deposition -

August 7, 1986

White Binder: "An Investigation of Contaminant Movement andPoss ible Remedial Actions at Hagen FarmLandfill" by Jey K. Jeyapalan of MineGeotechnique 7/29/86

?4625-4002-00 3/7,89Waste Management/Schroeter

3MS Box = 1989-2169: Box Seven

Folder One: Exhibits - Defendants' Expert Appraisers

1) David A. Peltin, M.A.I. - Attachments2) Gerald Arvid Nelson - Exhibits

Folder Two: Depositions and Summaries - Expert Appraisers

1) Robert Richardson - Plaintiffs' Expert2) John Strasma - Plaintiffs' Expert3) Sherman Geib - Plaintiffs' Expert4) John Lampe - Plaintiffs' Expert5) David Peltin - Defendants' Expert

^ 6) Gerald Arvid Nelson - Defendants'Expert

roI^er Three: Exhibits - Plaintiffs' Expert Appraiser

L) Robert Richardson - Exhibits2) John Lampe - Exhibits3) John Strasma - Exhibits4) Sherman Geib - Exhibits

94625-4002-00 8/7 89Waste Management/Schroeter

3MS BOX * 1939-2170: Box Eit3ht

Folaer One: Plaintiffs' Medical Records1) Donovan Sundby Medical Records

Folder Two: Plaintiffs' Medical Records

1} Notes on Medical History of Mary Jo,Wendy, Beca, Ruth, and Nelson Sundby

2) Medical Records - Dr. Charles Matthews3) Ruth Sundby Medical Records4) Mary Jo Sundby Medical Records

Folder Three: Plaintiffs' Medical Records

1) Rebecca Sundby Medical Records2} Wendy Sundby Medical Records3) Mary Jo Sundby Medical Records4) Ruth Sundby Medical Records5) Nelson Sundby Medical Records

Folder Four: Plaintiffs' Depositions

1) Mary Jo Sundby: 5/30/862) Nelson Daniel Sundby: 5/29/863) Ruth H. Sundby: 5/29/864) Wendy Sue Sundby: 10/2/865) Stuart Sundby: 9 23-866) Rebecca Madsen (Sundby): iO/2'86

(missing)

9 4 6 2 5 - 4 0 0 2 - 0 0waste Management,Schroeter

3/7 89

?MS BOX f 1989-2171: Box Nine

Folder One: Correspondence and Working Files

Folder Two:

Folder Three:

1)

2 )

3 )4 )5 )5 )7 )8 )9 )

10)

11)

General Correspondence and Notes -Citizens File 2General Correspondence and Notes -Citizens File 1Dunkirk Uniroyal - Working FileDNR Central Office FileChronologiesWorking File - Interviews /WitnessesLegal Research - Miscellaneous MemosTitle Report/ Former OwnersReport of Lawson Latsch re - willisArvold InterviewMiscellaneous Newspaper Articles -Stoughton SiteGeneral Correspondence and Notes -Eder

Miscellaneous

Ij Appendix to the Interrogatories2) Sterling v. Velsicol (W.D. Tenn.):

Opinion and Order Granting Judgment3) Miscellaneous Correspondence re: List

of Witnesses4) Contracts /Correspondence with Uniroyal

Miscellaneous Papersi.e. DNR documents

Overview of Traditional Common Law Theories of Recovery asThey Apply to Solid Waste Disposal"

prepared by Dewitt , Sundby, Hgiggett, Schumacherand Morgan, 2 / 1 5 / 8 4

Statutory and Common Law Liabil i ty for I n j u r y and DamageCaused by Releases of Hazardous Waste"

Study Conducted for Ca l i fo rn i a Hazardous WasteManagement Council by Mana t t , Phelps , Rothenberg &Tunney, 10/83

9 4 6 2 5 - 4 0 0 2 - 0 0Waste Management,Schroeter

3/7,89

".MS Box = 1989-2172: Box Ten

Folder One

Folder Two

Folder Three

Jury Consultant Data and Reports

1) Jury Consultants2) Focus Group Study3l Community Attitude4) . Focus Group Study5) Community Attitude

StudyDuplicate!Study (Duplicate

Correspondence Files and Miscellany

1)2)3)4 »=

ChronologiesMiscellanyRMO NotesCorrespondence *2CorrespondenceSettlement Correspondence

Correspondence

1) Correspondence2) 3B3) 3A

74625-4002-00 8,/T 89Waste Management, Schroeter

_,..,. Box ElevenQUA. —

riginal Depositions with Exhibits from Michael, Bestriedrich

li Joseph W. Brusca2 } Rudolph Butler3) Bertram W. Carnow, M.D. (with Exhibits)4 ) Bruce L. Outright5 ) Sherman Geib6 ) Mark Giesteldt7 ) Grin N . Hagen8) Jey K. Jeyapalen (Volume 1)9) Jey K. Jeyapaien (Volume 2)10) Jey K. Jeyapalen (Volume 3)11) Jey K. Jeyapalen (Volume 4)12 Helen Johnson1 3 I >v i 1 1 iam F . Johnson14i Kenneth Phillip Kushner15) James I. Hot'fman16 ) John Lampe1") Betty Jane Lehman18) Herbert w. Lehman, Sr.19) Herbert w. Lehman, Jr.20) Richard Long21) John Marshall, M.D. (10/8/861 (missing)22) Patrick T. McCutcheon23) Douglas Morrisette24) Niles Ostenso25) Russell Reppen26 ) Thomas G. Reppen2") Robert W. Richardson23 ) William T. Rock29) Floyd F. Shautz30 ) John P . Strasma3 1 ) Mary Jo Sundby32) Nelson Daniel Sundby33) Ruth H. Sundby34) Wendy Sue Sundby35 ) Odean A. Teigen36) Marilyn J. Vanderpan37 i Robert Irving Vanderpan (with Exhibits )38 ) Wendell Wo jner

-.M625-4002-00Waste Management,Schroeter

8/7 89

3MS Box = 1989-21"4: Bo x Twe1ve

Original Depositions with Exhibits from Michael, Best &Priedrich

8686

withwith

1 ) Charles W. Fishburn, M.D. 7 - 2 42) Charles W. Fishburn, M.D. 9 < 2 4

(missing}3) Oscar J. Forton4) Leland J. From, M.D.5) David Ryan Kober6) Alien S. Levin (with Exhibits)7) Alice Ann Long3) Rebecca Madsen9) John Marshall, M.D. 10/24-86

Original plus two copies)10 i P.oger Clson111 Douglas Pfundheiier12) Cynthia Rose Sagmoen13) Robert Lee Sagmoen14) Clifford A. Schiesl15) Sandra Lee Schiesl16) Raymond Singer, Ph.D. 9/11/86

(missing), see Box 1717) Raymond Singer, Ph.D 10.21,8618) Ross Vandeusen19) Gregory Alan Sundby20) Richard H. Sundby: 1 ) Stuart Sundby

Background Medical Information, QuestionnairesCorrespondence, Psychometric Testing

Nelson SundbyRuth SundbyMary Jo Sundby

Schrank: CorrespondenceMaterial Safety Data Sheets

ExhibitsExhibits

(with Exhibits

missing)--see Box 1

94625-4002-00 8 7 89waste Management /Schroeter

Box Thirteen» 1989-2175:_

Folder 1: Legal Research (Warchall)"Unfair Claims Procedure")

Folder 2 : Miscellaneous /Duplicate Pleadings /Correspondence1) Letter from S. Shumway re Municipal Landfill

Waste and Leachate2} Info re deeds and easments

Fo Ider 3 : Correspondence : Bradbury

Folder 4 : Correspondence: Young

Folder 5: Correspondence: Roder

Folder 6: -"irk w. Brown-2 i Depositionsbi Exhibitsc ) Miscellaneous

Folder 7: Final Executed Release, et al .

9 4 6 2 5 - 4 0 0 2 - 0 0 8 7 89Waste Management Schroeter

Box Fourteen."MS BOX = 1589-2176;

Folder One: Court Papers

State.'Citizen Suits: Court File - CitizensFile 1

State/Citizen Suits: Court File - CitizensFile 2

Folder Two: Court Papers

State/Citizen Suit: Court File - CitizensFile 3

State Citizen Suit: Court File - CitizensFile 4

Folder Three: Court Papers

State/Citizen Suits: Interrogs. & AnsersCitizens File 1

State/Citizen Suits: Interrogs. & AnswersCitizens File 2

State/Citizen Suits: Interrogs. & AnswersCitizen File 3

9 4 6 2 5 - 4 0 0 2 - 0 0 9 / 7 / 8 9Waste Management/Schroeter

3MS Box * 1989-2177: Box f i f t e e n

Folder One:

Sundby Sand & Gravel Data

Folder Two:

US EPA Health & Environmental E f f e c t s Documents

Folder Three:

Monitor ing ResultsNovember, 1980 - October, 1983November, 1983 - Ju ly , 1985( 2 vo lumes)

L J e r Four:

Monitoring ResultsHagenK-WaySagmoenSchieslSchroeterStricker

Folder Five:

Monitoring ResultsSundyVanderpair'/an DeusenMiscellaneous WellsMonitoring Wells

94625-4002-00 3, 7 89Waste Management/ Schroeter

Box SixteenBox * 1989-2178:

Folder One:

Court PapersState/Citizen Suits: Court File - Citizen File 5State/Citizen Suits: Court File - Citizen file 6Court File - Interrogs. & Answer

Folder Two:

Schroeter/ Vanderpan Title Reports

Folder Three:

Legal Research

Folder Four:

Monitoring ResultsVolume 5: Warzyn Engineering Well Monitoring &

Sampling data

Folder Five:

Monitoring ResultsVolume 6: DNR Well Monitoring & Sampling Data

Folder Six:

Warzyn Engineering Analytical Laboratory Results,Hagen Property

Q , -> OQ94625-4002-00Waste Management,Schroeter

Box Seventeen?MS Box * 1989-2179:

6 Videotapes: i . e . Jury Deliberations, Focus Group, JuryFocus

3lack Binders: Deposition Abstracts & ExhibitsJohn Doull, M.D.George T. BryanRaymond Singer (Volumes I & II)SchutterMatthews (Volumes I & II)


89

SMS BOX (* 1989-2180:

Folder One:

Folder Two:

Folder Three

Folder Four:

Folder Five:

Folder Six:

Folder Seven:

Folder Eight:

Folder Nine:

Folder Ten:

Folder Eleven

Folder Twelve

Folder Thirteen

Box Eighteen

Uniroyal Disposal Service Agreements andContractsLease between Nora Sundby and CityDisposal Service

Robert C. Miles, P.E.Exhibits

Deposition of Kirk w. Brown

Municipal WasteSubtitle D Study, Phase I Report

Legal Research, Attorney Motes and Memosre Arbitration Briefs, Cost Allocationand Indemnification

Legal Research, Attorney Memos and Notesre Arbitration, Cost Allocation.

ChronologyStatement of FactsInterrogatoriesSampling Results

Brief of Waste Management of Wisconsin10/5/87

"Analytical Data Base Review, HagenProperty Town of Dunkirk, Dane County,Wisconsin" Prepared by Weston

Industry Researchi.e. Standard and Poors

SEC

DNR Documents?

Brief of Uniroyal before the Arbitrator

"Occurrence and Concentration of OrganicChemicals in Hazardous and MunicipalWaste Landfill Leachate" by K.W. Brownand K.C. Donnelly

Document detailing who the parties are,::heir claims, evidence and settlementoutcome


3MS BOX i 1989-2181: -

Folder One:

Box Nineteen

Alien S. Levin Deposition, Abstract andExhibits

Folder Two: John E. Krasek Deposition and Exhibits

Folder Three: H.B. Richerson Deposition and Exhibits

Folder Four:

Folder Five :

Folder Six:

Folder Seven

Site ReportsWarzynPattersonEderWestonNultonKean

Robert J. Kama us ka Deposition and Exhibits

Carter P. Nulton Depostion

Starr and Associates-CAS-Focus Groups

Folder Eight: 4 Videotapes-Deliberation-Focus Group-2 Unmarked

Folder Nine : State/Citizen SuitsCourt File -State File 1

-State File 2

94625-4002-00 8/7/89waste Management/Schroeter

3MS Box * 1989-2183: Box Twenty-One

Acco Binder One: Exhibit AAppendices A-G

Acco Binder Two: Appendices J-T

Black Binder: R.M. Olian Working Binder containingarbitration briefs and notes

Folder One: 1988 Motions to Dismiss, Stipulations

9 4 6 2 5 - 4 0 0 2 - 0 0Waste Management/Schroeter

8 / 7 / 8 9

3MS Box 4 1989-2182:.

Folder One:

Folder Two:

Folder Three

Folder Four:

Folder Five:

Folder Six:

Box Twenty

USEPA FOIA Request

WTW Working FileResearch Material re Motion in Limine,

Statute of Limitations

Research Relating to Kirk Brown

Wise, DNR 140 Regulations and AnalysisMunicipal LiabilityMiscellaneous Documents, Pleadings and

Correspondence

Fee and Disbursement Substantiation

Various Depositions and Notes

94625-4002-00waste Mariagenent/Schroeter

BOX * 1989-2184; Inventory of contents of this box below:

Town of Dunkirk Motion to DismissWaste Management-Madison Re: Insurance Tenders re: correspondence to client

Dunkirk uniroyal re: Case Organization MemorandaState/Citizens Suits re: Press Clippings

" " re: Prep, of Interrog Answers

MiscellaneousMedical Records of John D. Schroeter

of Megan Schroeter" " of Rose Schroeter.

of William Schroeter

2 Brown Books Titled Waste Managment - Madison - State/Citizen SuitsInsurance Issues -Citizen File 1 & 2