supplement to 104(e) response - waste management inc · 2020. 7. 7. · this letter is in response...

•;

00005April 27, 1992

Jeffrey A CahnAssistant Regional CounselU.S. Environmental Protection Agency230 S. Dearborn StreetChicago, IL 60604

Re: Hagen Farm SiteStoughton, Wisconsin

Dear Mr. Cahn:

This letter is in response to your April 16, 1992 letter requesting Waste Management ofNorth America, Inc. (WMNA) supplement the Agency's July 5,1990 request for informationpursuant to Section 104(e) of CERCLA. This letter was received on April 20, 1992.

Please be advised that I represent Waste Management of Wisconsin, Inc. (WMWI) and notWMNA at the above site. Therefore, this supplemental response is being provided onbehalf of WMWI to information requested in Numbers 6, 7, 9, 13, 18 and 19.

6. Identify the acts or omissions of any person, other than your employees, contractorsor agents, that may have caused the release or threat of release of hazardoussubstances, pollutants, or contaminants and damages resulting therefrom.

During the Remedial Action activities at the Hagen Farm site, Goodyear drychemical bags with the label "Pliovic" were unearthed beneath Borrow Area 3 onAugust 5, 1991. (See Attachment A) Pictures of this material are provided in theDraft Remedial Action Implementation Report-Source Control Operable Unit,Hagen Farm site. The pictures in Attachment A are contained in Appendix C of theReport, photographs 20 and 21. This document was submitted to Mr. Jae Lee of theU.S. Environmental Protection Agency for review in March 1992.

For your convenience, a March 30, 1992 Dun & Bradstreet, Inc. report is alsoenclosed as Attachment B.

7. Identify all persons, including Respondent's employees, who have knowledge orinformation about the generation, use, treatment, storage, disposal or other handlingof hazardous material at, or transportation of hazardous materials to the site.

Apart from the individual(s) who discovered and photographed the item in No. 6

•08/572-3800 • Telex: 253094 • TWX: 910-651-0029

above, WMWI knows of no additional persons,

9. Identify all persons or business who are or may be responsible for the liabilities ofthe Respondent arising from or relating to the release or threatened release ofhazardous materials at the site, including but not limited to successors andindividuals.

See WMWTs July 19, 1990 response. (See Attachment C.)

13. Did you ever use, purchase, store, treat, dispose, transport or otherwise handle anyhazardous materials at the Site? If the answer to the preceding questions isanything but an unqualified "no", identify: a) . . . 0-


18. Have you or any other person working with you, for you, or on your behalf everaccepted hazardous materials of hazardous substances for transportation to theSite? If the answer to this question is anything but an unequivocal no identify: a). . . m).


19. Identify all persons, including yourself, who may have arranged for disposal ortreatment or arranged for transportation for disposal or treatment of hazardousmaterials at the Site, In addition, identify the following; a ) . . . p).


If you have any questions regarding the above supplemental response, please do not hesitateto contact me.

Respectfully,

Brett D. HeinrichEnvironmental Counsel forWaste Management of Wisconsin, Inc.

BDH:lc

Enclosures

bpc: Dee Brncich

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20. Augusts, 1991. "Goodyear PUovic" dry chemicalbag unearthed during excavation of waste beneathBorrow Area 3.

21. Augusts, 1991. "GoodyearPliovic" dry chemicalbags unearthed during excavation of wastebeneath Borrow Area 3.

/V-

COPYRIGHT 1992 DUN & XADSTKfiET INC. - P">CK IDED DER CONTRACTFOR THE EXCLUSIVE USE OF SUBSCRIBER 002-004143L.

ATTN: WASTE MANAGEMENT

*IN DATE* Statement Date: DEC 31 1991

DUNS: 00-446-7924GOODYEAR TIRE & RUBBERCOMPANY, THE (INC)

1144 E MARKET STREETAND BRANCH(ES) OR DIVISION(S)AKRON OH 44316

TEL: 216 796-2121

DATE PRINTEDMAR 30 1992

MFC TIRES &RELATED PRDTS 6SVCS, VEHICLECOMPONENTS,INDUSTRIAL RUBBER,CHEMICAL,POLYESTER & FILMPRDTS & CRUDE OILPIPELINE

SIC NOS.30 11 75 38 50 1355 31 08 31 45 81

SUMMARYRATING 5A2

STARTEDPAYMENTSSALES FWORTH FEMPLOYS

HISTORYFINANCIALCONDITION GOODTREND UP

1898SEE BELOW.$10,906,800,000$2,731,100,00099,952(5,708 HERE)CLEAR

CHIEF EXECUTIVE: STANLEY C. GAULT, CHB-CEO

SPECIAL EVENTS03/27/92 According to published reports, Shell Chemical Company has signed

a letter of intent with the Goodyear Tire & Rubber Company to buyGoodyear's polyester resins business. The business' main product ispolyethylene terephthalate (PET) which is used to make beveragebottles, food containers and other therraoformed packaging. About 700employees are associated with the Goodyear business which includes amanufacturing plant in Point Pleasant, WV, a technical center inAJcron, OH, and related sales activities. The acquisition is subjectto the satisfactory negotiation of a definitive sales agreement,approvals by both companies and appropriate governmental agencies.

02/23/92 According to published reports, Goodyear Tire and Rubber Coagreed to offer the shareholders of Goodyear Canada Inc, $48 a sharein cash, in a deal that would make Goodyear Canada a wholly ownedsubsidiary of Goodyear.

02/11/92 EARNINGS UPDATE: According to published reports, comparativeoperating results for the year ended December 31, 1991 are as follows:sales of $10,900,000,000 and net income (loss) of $96,600,000 comparedto sales of $11,272,500,000 and net income (loss) of $(38,300,000) forthe comparable period in the prior year.

01/08/92 According to published reports, John G Breen, chairman and chiefexecutive officer of The Sherwin-Williams Company of Cleveland, waselected to the board of directors. He joined Sherwin-Williams in 1979as president and chief executive officer and became chairman in 1980.

Ha also serv«as the board of directors o. >arker Hannifin Corp,National City B*.Jc and The Mead Corp. The election of Breen increasesthe number of members of Goodyear'* board to 12, nine of them outsidedirectors. „ ̂ ̂ M. , , w . .

•2/09/91 According to published reports, George H Schofield, chairman and" chief executive officer of Zurn Industries Inc of Erie PA has been

elected to the board of directors. Schofield joined Zurn as presidentin 1985 after 33 years of service with General Electric Co. He becamechairman and chief executive officer in 1986. § , « ̂

•2/04/91 According to published reports, The Goodyear Tire & Rubbercompany announced that it expects its fourth quarter net income toapproximate the third quarter results of $59.1 million. Goodyear'sstock offering at $50 per share has been successfully completed,raising $582 million for debt reduction.

PAYMENTS (Amounts may be rounded to nearest figure in prescribed ranges)REPORTED PAYING HIGH NOW PAST SELLING LAST SALE

RECORD CREDIT OWES DUE TERMS WITHIN

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the* Payment experiences reflect how bills are met in relation toterm* granted. In some instances payment beyond terms can be theresult of disputes over merchandise, skipped invoices etc.

* Each experience shown represents a separate account reportedsupplier. Updated trade experiences replace those previouslyreported.

by a

STATEMENT UPDATE03/19/92 Fiscal Consolidated statement dated DEC 31 1991:

Cash $ 163,400,000 Accts Pay $Accts Rec 1,315,000,000 Notes Pay

839,500,000511,600,000

Inv«ntoryMktble Securiti*-Prepaid

Curr AssatsFixt 6 EquipInvestments-otherLong TernAccounts & NotesRecDef Charges 6Other Hisc Assets

1,312,700,00071,700,000255,900,000

3,118,700,0004,636,900,000123,100,000

234,000,000

397,800,000

Accrual.TaxesL.T. Liab-(lyr)Other Curr Liabs

Curr LiabsLong Term Debt fcCapital LeasesMinority EquityIn SubsidiariesL.T. Liab-0th«rDef. Credits/IncomeCOMMON STOCKADDIT. PD.-IN CAPRETAINED EARNINGSCURR TRANS AOJ

352,800,000245,000,00091,500,000352,200,000

2,392,600,000

2,038,100,000

119,700,000629,900,000

i 599,100,00070,700,000639,100,000

2,208,500,000(187,200,000)

Total Assets 8,510, 500 , 000 Total 8,510,500,000From JAN 01 1991 to DEC 31 1991 sales $10,906,800,000; cost of

goods sold $8,405,300/000. Gross profit $2,501,500,000; operatingexpenses $1,911,700,000. Other income $83,200,000; other expenses$402,300,000; net income before taxes $270,700,000; income taxes$196,200,000. Extraordinary gain $22,100,000. Net worth at start$2,097,900,000. Net income $96,600,000; other additions $586,200,0007dividends $23,500,000; other deductions $26,100,000; net worth at end$2,731,100,000.

4

Statement received by mail MAR 19 1992. Prepared fromstatement (s) by Accountant: Price Waterhouse, Cleveland, OH.

ACCOUNTANTS OPINION: "A review of the accountant's opinionindicates the financial statements meet generally accepted accountingprinciples and that the audit contains no qualifications".

Accounts receivable shown net less $51,500,000 allowance.assets shown net less $4,042,300,000 depreciation.

Fixed

FINANCEA CONSULTING SERVICE IS AVAILABLE TO ASSIST YOU IN REVIEWING THIS ACCOUNTFURTHER. PLEASE CALL (800) 223 - 0141 TO SPEAK WITH A DUNS ACCOUNTCONSULTANT.

10/28/91

Curr AssetsCurr LiabsCurrent RatioWorking CapitalOther AssetsHoncurrent LiabsworthsalesNat Incoaa (loss)DepreciationInterest ExpenseCapital Additions

FiscalConsolidatedDac 31 1988

3,557,900,0002,458,500,000

1.441,099,400,0005,060,400,0004,132,700,0002,027,100,00010,810,400,000

350,100,000357,100,000231,800,000743,700,000

FiscalConsolidatedDec 31 1989

3,271,900,0002,200,200,000

1*481,071,700,0005,188,400,0004,116,300,0002,143,800,00010,869,300,000

206,800,000383,500,000255,300,000775,700,000

FiscalConsolidatedDac 31 1990

3,324,200,0002,293,600,000

1.441,030,600,0005,639,400,0004,572,100,0002,097,900,00011,272,500,000

(38,300,000)415,000,000328,200,000574,500,000

Fund* Prov Oper 799,400,000Cash Dividends 97,300,000

Fiscal Consolidated statementCash $ 220,300,000Accts R«cInventoryMktbla SecuritiesPrepaid

1,495,200,0001,346,000,000

56,400,000206,300,000

Curr AssetsPixt & EquipInvestments-OtherLong Tern Accts& Notes RecD«f Charges &Other Misc Assets

3,324,200,0004,808,400,000127,600,000

292,500,000

410,900,000

ci?,aor oo103,800,000

dated DEC 31 1990:Accts PayNotes PayAccrualsTaxesL.T. Liab-(lyr)Other Curr Liabs

Curr LiabsLong Term Debt &Capital LeasesMinority EquityIn SubsidiariesL.T. Liab-OtherDef. Credits/IncomeCOMMON STOCKADDIT. PD.-IN CAPRETAINED EARNINGSCURR TRANS ADJ

574,300,000104,700,000

986,800,000247,600,000442,700,000248,600,00085,400,000282,500,000

2,293,600,000

3,286,400,000

112,800,.OCO550,000,000622,900,00058,500,00065,100,000

2,135,400,000(161,100,000)

Total Assets 8,963,600,000 Total 8,963,600,000From JAM 01 1990 to DEC 31 1990 sales $11,272,500,000; cost of

goods sold $8,805,100,000. Gross profit $2,467,400,000; operatingexpenses $1,999,600,000. Other income $180,600,000; other expenses$592,500,000; net income before taxes $55,900,000. (net loss)$(38,300,000). Income taxes $94,200,000. Net worth at start$2,143,800,000. Other additions $97,100,000; n«t loss(38,300,000)7 dividends $104,700,000; net worth at end$2,097,900,000.

Statement received by mail MAR 06 1991. Prepared fromstatement(s) by Accountant: Price Waterhouse.

ACCOUNTANTS OPINION: "A review of the accountant's opinionindicates the financial statements meet generally accepted accountingprinciples and that the audit contains no qualifications".

« 0—Accounts receivable shown net less $38,900,000 allowance. Fixed

assets shown net less $3,809,600,000 depreciation.

*A———.———FINANCIAL STATEMENT EXPLANATIONS————,ACCOUNTS RECEIVABLE: Include notes receivable of an undisclosed

amount.INVENTORY: Stated at the lower of cost or market. Cost is

determined using the LIFO method for a significant portion of domesticinventories and the FIFO method or average cost method for otherinventories.

INVESTMENTS "OTHER: Represents the company's investments in 20% to50% owned affiliates accounted for on the equity method.

NOTES PAYABLE; Consists of bank loans and overdrafts. At Dec 311990, the company had short term credit lines and overdraftarrangements totaling $1,930.6 million, of which $470.7 million wereunused.

LONG TERM DEBT 6 CAPITAL LEASES (IN MILLIONS):.

Sinking fu debentures $5" . j .Promissory tiotes 1-68.4.Swiss franc bonds 341.4.Yen be -cs 336.0.Yen bo.-L* term loan due 1994 37.0.6.875. ;onvertible debentures due 2003 150.0.BanX tarm loans due 1991-2000 544.6.Revolving credit agreements 160.0.Euro-commercial paper 16.0.Other domestic debt 958.8.Foreign subsidiary debt 507.3.Capital lease obligations 94.8.Lees current portion (85.4).TOTAL LONG TERM DEBT & CAPITAL LEASES $3,286.4.At Dec 31 1990, the company had available long term credit

sources totaling $4,258.2 million, of which $2,098.7 million wereunused. Subsequent to year-end, the company renegotiated its $2.24billion revolving credit facility with a group of more than 40 banks.Under the facility, Goodyear now has commitments totaling $2.575billion, of which $2.31 billion is committed through Jun 1994, andothers through Jun 1995. The commitments were set to expire in thefourth quarter of 1992.

SinXing fund debentures (7.35%-8.60%) are due 1992-1997.Promissory notes (10.26%-12.15%) are due 1991-2000. Swiss franc b(5.375%) are due 2000-2006. Yen bonds (6.625%-7.125%) are due1994-1996.

The annual aggregate maturities of long term debt for the fiveyears subsequent to 1990 are (in millions): 1991 $89.2; 1992 $74.3;1993 $1,442.0; 1994 $186.4; and 1995 $446.3. Maturities of debtincurred under or supported by revolving credit agreements have beenreported on the basis that the commitments to lend under theseagreements will be terminated effective at the end of their initialterms.

DBF, CREDITS/INCOME: Represents deferred income taxes.CONTINGENT LIABILITIES: None material.OTHER INCOME: Includes interest income of $86.8 million.OTHER EXPENSES: Consist of interest expense $328.2 million,

unusual items $103.6 million, other expenses $74.5 million, foreigncurrency exchange $72.1 million and minority interest in net income ofsubsidiaries $14.1 million.

Unusual charges consist of restructuring costs $66.4 million,plant closure and sale of facilities $15.0 million and discontinuedsegment-environmental cleanup costs $22.2 million. The principalcomponent of other expenses are costs associated with the company'scontinuous accounts receivable sale programs.

OTHER ADDITIONS: Consist of foreign currency translationadjustment $77.8 million and common stock issued $19.3 million.

FUNDS FLOW ANALYSIS: Sources of funds totaled $2,727.5 million atDec 31 1990, consisting primarily of short term debt incurred $1,519.9million, cash flow from operations $574.3 million, long term debtincurred $485,2 million and short term securities redeemed $110.3million. Uses of funds totaled $2,629.7 million at Dec 31 1990,consisting primarily of short term debt paid $1,707.5 million andcapital expenditures $574.5 million.

As sources exceeded uses of funds, cash increased by $97.8million at Dec 31 1990.

RECENT TRENDS .-Jet salts for the nine mar \* c.-.aei San : 1391ware $8,126.6 million versus $8,462.2 million *or the sane" pe.-tod theprior year, down $335.6 million or 4.0%, reflecting continued weakdemand for tires and other automotive products worldwide in both theoriginal equipment and replacement markets and a further shift inconsumer preference to lower priced tires.

For the first nine months of 1991, Goodyear lost $8.5 millioncompared with a loss of $49.9 million a year earlier. Included inthese results were after-tax charges of $59.7 million in 1991 and$73.1 million in 1990. The charges in 1991 were for work force cutsand restructuring.

However/ the company earned $59.1 million in the 1991 thirdquarter compared with a loss of $61.4 million in the same period ayear ago, despite lower sales. Management said the improved earningsreflect lower raw material costs, efficiencies due to recentrestructurings and lower selling, administrative and general expenses.Trend is up.

SELECTED OPERATING INFORMATION: 1989 1990.Sales - % increase 0.5 3.7.Gross profit margin - % of sales 24.2 21.9.Operating expenses - % of sales 17. l 17.7.Set income (loss) - % of sales 1.9 (0.3).FISCAL 1990 OPERATING RESULTS: The company recorded a net loss

for 1990 of $38.3 million compared to net income of $206.8 million in1989. Sales for 1990 of $11.3 billion increased 3.7 percent from the$10.9 billion recorded in 1989, reflecting primarily the impact ofcurrency translation on foreign* results. Also contributing to thesales gain was a 2 percent increase in worldwide tire unit sales, theeffect of which was limited by a lower value mix compared to lastyear.

The loss in fiscal 1990 was largely attributable to after-taxcharges of $73.1 million for restructuring and plant consolidationsand for environmental cleanup costs related to previously sold assets.It also was the first full year that results included all expenses ofthe All American Pipeline, which had been capitalized until the fourthquarter of 1989.

SELECTED FINANCIAL RATIOS: 1989 1990.Quick ratio (times) .66 .77.Inventory turnover (times) 5.01 6.54.Inventory/net working capital (%) 153 131.Sales/net working capital (times) 10.14 10.94.Total liabs/shareholders' equity (%) 295 327.On OCT 28 1991 Judith A Kosmo, director, invest rel, referred to

the above figures.The company submitted the following interim figures dated

JUN 30 1991:Cash $ 211,500,000 Short Term Debt $ 554,100,000ACCtS ReC 1,394,000,000Mdse 1,409,600,000

Sales for Jan 1 1991 to Sep 30 1991 were $8,126,600,000.Profits for the same period were $(8,500,000).

———ANALYST COMMENTS———.The tire industry is in a down cycle, with the major effect being

felt in the United States and Europe. Due to consolidation, the tireindustry now has six major companies that produce nearly 80 percent ofthe world's tires, which has intensified industry competition. As a

result of curre economic conditions, par ;ularly in the auco3.vOj.itand truck indusv*ies, the company has experienced lover tire sales ar.intense price competition among tire makers. Goodyear also ishampered by about $3.6 billion in debt stemming from its acquisitionof the All American Pipeline and from defending itself against ahostile takeover in 1986.

In Jun 1991, Stanley C Gault was elected chairman of the Boardand Chief Executive Officer of the company, replacing Tom H Barrett,who retired. Subsequent to this management change, the company setsignificant debt reduction as its first priority. The company'sactions include various cost containment measures, the sale of sharesof common stock and the proposed sale of certain assets not essentialto the company's core tire business.

Goodyear Tire has a strong stable of products, amanufacturing base and a strong distribution network.Goodyear had a 20% share of the world market for autotires.

————SUBSEQUENT EVENT————.In Oct 1991, the company announced plans to sell 10 million

shares of its common stock to raise an estimated $400 million toretire a piece of its debt. The company currently has 53 millionshares outstanding.

strongIn 1990,truck and farm

PUBLIC FILINGS

The following data is for information purposes only and is not theofficial record. Certified copies can only be obtained from theofficial source.

* * * JUDGMENT(S) * * *

DOCKET NO.! 23420 NOV 90JDGMT AWARD:JDGMT TYPE;AGAINST:

$510JudgmentGOODYEAR TIRE « RUBBER CO,PHILADELPHIA, PA

IN FAVOR OP: ANN MADDNEY, PHILADELPHIA, PAWHERE FILED: PHILADELPHIA MUNICIPAL COURT,

PHILADELPHIA, PA

STATUS: UnsatisfiedDATE STATUS ATTAINED:DATE ENTERED:COLLECTED BY D&B:

01/25/199101/25/199102/08/1992

DOCKET NO.: 88908JDGHT AWARD:JDGMT TYPE:AGAINST:

$744JudgmentGOODYEAR TIRE t RUBBER COMPANY,THE (INC)

IN FAVOR OF: FRENCH CREEK MARINAWHERE FILED: KINGS COUNTY SUPREME COURT,

BROOKLYN, NY

STATUS: SatisfiedDATE STATUS ATTAINEDDATE ENTERED:RECEIVED BY DtB:

06/20/199C06/04/199009/14/199C

BOOK/PAGE: 06879/0393JDGMT AWARD: $428JDGMT TYPE: JudgmentAGAINST: GOODYEAR TIRE & RUBBER COMPANY,THE (INC), JACKSONVILLE, FLIN FAVOR OF: ABBEY, WANETTA KABEH

STATUS: UnsatisfiedDATE ENTERED:RECEIVED BY D&B:

04/06/199C09/18/1990

WHERE FILED: DUVAL COUNTY R^ ORDERS OFFICE,JACKSONVILLE, FL

DOCKET NO.: SC 1188/89JDGMT AWARD: $341JDGMT TVPE: JudgmentAGAINST: GOODYEAR TIRE & RUBBER COMPANY,

THE (INC)GRANDE, ANTHONY M, BELMONT, HA

WHERE FILED: MIDDLESEX COUNTY DISTRICT COURTOF CAMBRIDGE, CAMBRIDGE, MA

STATUS: UnsatisfiedDATE STATUS ATTAINEDDATE ENTERED:RECEIVED BY D&B:

IN FAVOR OF

04/20/198904/20/193901/04/1991

* * SUIT(S) * * *

DOCKET NO. : W 22168SUIT AMOUNT: $8,993PLAINTIFF: ALEXANDER, LANCEDEFENDANT: GOODYEAR TIRE & RUBBER COMPANY,

THE (INC)WHERE FILED: BUFFALO CITY COURT, BUFFALO, NY

STATUS: PendingDATE STATUS ATTAINED:DATE FILED:RECEIVED BY D&B:

01/23/199201/23/199201/24/1992

T ^KET NO.: 915519fc_*INTIFF: $153,000-DENVER'S TIRE & AUTO

SERV.DEFENDANT: THE GOODYEAR TIRE & RUBBER CO.WHERE FILED: MONTGOMERY COUNTY COMMON PLEAS

COURT, DAYTON, OH


12/20/199112/20/199102/03/1992

DOCKET NO. : 91-3379SUIT AMOUNT:PLAINTIFF:

DEFENDANT:

CAUSE:

WHERE FILED

$55,000,000MARY JENKINS FOR ESTATE OFRICHARD TOLL JENKINS INC,FROSTBURG, MDTEN OTHERSGOODYEAR TIRE & RUBBER COMPANY,THE (INC)FraudMisrepresentationNegligenceBreach of warranty(ies)BALTIMORE CITY DISTRICT COURT,BALTIMORE, MD

STATUS; PendingDATE STATUS ATTAINED:DATE FILED:RECEIVED BY D&B:

11/27/199111/27/199112/04/1991

DOCKET NO.: 91-3378SUIT AMOUNT:PLAINTIFF:DEFENDANT:

CAUSE:

WHERE FILED:

$55,000,000ANNA M COLE, CUMBERLAND, MDGOODYEAR TIRE & RUBBER COMPANY,THE (INC)Breach of contractFraudMisrepresentationNegligenceBreach of warranty(ies)BALTIMORE CITY DISTRICT COURT,BALTIMORE, MD


11/27/199111/27/199112/04/1991

DOCKET NO. : 91-3377SUIT AMOUNTPLAINTIFF:

DEFENDANT:

CAUSE:

WHERE FILED:

$55,000,000YOLAND T FACCINO, LA VALE, MDTEN OTHERSGOODYZAR TIRE « RUBBER COMPANY,THE (INC)FraudMisrepresentationNegligenceBreach of warranty(ies)BALTIMORE CITY DISTRICT COURT,BALTIMORE, MD

STATUS: PendingDATE STATUS ATTAINED:DATE FILED:RECEIVED BY Di8:

11/27/199111/27/199112/04/1991

DOCKET NO.: 91-3376SUIT AMOUNT: $55,000,000PLAINTIFF: VIOLET G GRAY, FROSTBURG, MD

TEN OTHERSDEFENDANT: GOODYEAR TIRE & RUBBER COMPANY,

THE (INC)CAUSE; Fraud

MisrepresentationNegligenceBreach of warranty(ies)

WHERE FILED: BALTIMORE CITY DISTRICT COURT,BALTIMORE, MD


11/27/199111/27/199112/04/1991

DOCKET NO.: 91*3375SUIT AMOUNT: $55,000,000PLAINTIFF:

DEFENDANT:

CAUSE:

WHERE FILED:

EVELYN V BUSER, RIDGE LEY, WVTEN OTHERSGOODYEAR TIRE & RUBBER COMPANY,THE (INC)FraudMisrepresentationNegligenceBreach of warranty(ies)BALTIMORE CITY DISTRICT COURT,BALTIMORE, MD


11/27/199111/27/199112/04/1991

DOCKET NO.: 91-3372SUIT AMOUNTPLAINTIFF:

DEFENDANT:

CAUSE:

WHERE FILED;

$55,000,000ALBERT D STEWART, CUMBERLAND, MDTEN OTHERSGOODYEAR TIRE & RUBBER COMPANY,THE (INC)FraudMisrepresentationNegligenceBreach of warranty(ies)BALTIMORE CITY DISTRICT COURT,BALTIMORE, MD


11/27/199111/27/199112/04/1991

DOCKET NO.: 91-3373SUIT AMOUNT: $55,000,000PLAINTIFF: LOUIS E SCHADT, CUMBERLAND, MD

TEN OTHERS

STATUS: PendingDATE STATUS ATTAINED:DATE FILED:

11/27/199111/27/1991

DEFENDANT: GOODYEAR TIRETHE (INC)

CAUSE: FraudMisrepresentationNegligenceBreach of warranty(ies)


RUBBER COMPANY, RECEIVE! JY D&B 12/04/1991

DOCKET NO. : 91-3374SUIT AMOUNTPLAINTIFF:

$55,000,000MILFORD G & DOROTHY M WILSON,CUMBERLAND, MDTEN OTHERS

DEFENDANT: GOODYEAR TIRE & RUBBER COMPANY,THE (INC)

CAUSE: FraudMisrepresentat ionNegligenceBreach of warranty(ies)


STATUS: Pend ingDATE STATUS ATTAINED:DATE FILED:RECEIVED BY D&B:

11/27/199111/27/199112/04/1991

* * * LIEN(S) * * *

A lienholder can file the same lien in more than one filinglocation. The appearance of multiple liens filed by thesame lienholder against a debtor may be indicative of suchan occurrence.

————•—••——•••———•̂ ••«™—•—•••••—••••«•»—•••••*••»••«••••••*•••••••••——•••«••—,FILING NO.: 707731925 /91-6150AMOUNT:TYPE:FILED BY:AGAINST:

WHERE FILED;

$3,275 corp. declaration taxState TaxS C TAXGOODYEAR TIRE & RUBBER CO THECORPGREENVILLE COUNTY CIRCUITCOURT, GREENVILLE, SC

STATUS: OpenDATE STATUS ATTAINED:DATE FILED:RECEIVED BY D&B:

10/17/199110/17/199112/17/1991

NO.: 91-6150 /707731925AMOUNT: $3,275 CORP. DECLARATION TAXTYPE: state TaxFILED BY: S C TAXAGAINST: GOODYEAR TIRE & RUBBER CO INC

CORPWHERE FILED: GREENVILLE COUNTY CIRCUIT

COURT, GREENVILLE, SC

STATUS: OpenDATE STATUS ATTAINED:DATE FILED:RECEIVED BY D&B:

10/17/199110/17/199101/02/1992

DOCKET NO.: 00562456AMOUNT: $599TYPE: State TaxFILED BY: STATE OP INDIANAAGAINST: GOODYEAR TIRE & RUBBER,

INDIANAPOLIS, INWHERE FILED: MARION COUNTY CIRCUIT COURT,

INDIANAPOLIS, IN

STATUS: OpenDATE STATUS ATTAINED: 05/03/1991DATE FILED: 05/03/1991RECEIVED BY D&B: 10/07/1991

* * * UCC FILING(S) * * *

COLLATERAL:FILING NO:TYPE:SEC. PARTY:

ASSIGNEE:

DEBTOR:

COLLATERAL:

Leased Inventory and proceeds * Leased Equipment and proceeds1219032 DATE FILED: 07/24/1991Original RECEIVED BY DfcB: 09/19/1991MERIDIAN LEASING CORP, FILED WITH: SECRETARY OFDEERFIELD, IL STATE/UCC DIVISION,US PORTFOLIO LEASING INC, SAN WIFRANCISCO, CAGOODYEAR TIRE & RUBBER CO, THE

FILING NO:TYPE:SEC. PARTY:

DEBTOR:

Leased Inventory and proceeds - Leased Computer equipment andproceeds - Leased Equipment and proceedsAE0004645 DATE FILED: 07/10/1990Original RECEIVED BY D6B: 08/22/1990FINALCO INCORPORATED, BOCA FILED WITH: SECRETARY OFRATON, PL STATE/UCC DIVISION,GOODYEAR TIRE & RUBBER COMPANY, OHTHE (INC), AKRON, OH

COLLATERAL: Leased Inventory - Business machinery/equipment and proceeds -Equipment ,89029914 DATE FILED: 02/13/1989Original FILED WITH: Secretary of State,MERIDIAN LEASING CORPORATION, TXDEERPIELD, ILLONG MILE RUBBER COMPANY,GREENVILLE, TX


DEBTOR:

COLLATERAL:


DEBTOR:

Leased Account(s) including proceeds and products - LeasedEquipment including proceeds and productsB 92-00402 FS DATE FILED: 01/06/1992Original RECEIVED BY D&B: 01/16/1992AT & T CREDIT CORP, PARSIPPANY, FILED WITH: SECRETARY OFNJ STATE/UCC DIVISION,GOODYEAR TIRE & RUBBER CO, THE AL


DEBTOR:

Leased Proceeds - Leased Computer equipment91091381 DATE FILED: 05/13/1991Original RECEIVED BY D&B: 05/31/1991MERIDIAN LEASING CORP, FILED WITH: SECRETARY OFDEERFIELD, IL STATE/UCC DIVISION,THE GOODYEAR TIRE & RUBBER CO TX


DEBTOR:

Leased Proceeds - Leased Computer equipmentAE0058174 DATE FILED: 03/26/1991Original RECEIVED BY D6B: 06/18/1991MERIDIAN LEASING CORP, PILED WITH: SECRETARY OPDEERPIELD, IL STATE/UCC DIVISION,THE GOODYEAR TIRE & RUBBER CO OH

COLLATERAL:PILING NO:TYPE:SEC. PARTY:

Leased Proceeds - Leased Computer equipmentAE0058175 DATE PILED: 03/26/1991Original RECEIVED BY D&B: 06/18/1991MERIDIAN LEASING CORP, PILED WITH: SECRETARY OF

DEBTOR:DEERFIELD, 1LTHE GOODYEAR TIRE & RUBBER CO

STATE/UCOH

DIVISION,

FILING MO:TYPE:SEC. PARTY

ASSIGNEE:

DEBTOR:

01049177AssignmentUNILEASE COMPUTER CORP,DEERFIELD, ILCIT GROUP/EQUIPMENT FINANCINGINC, THE, PARK RIDGE, ILGOODYEAR TIRE & RUBBER CO, THE

DATE FILED: 12/31/1991RECEIVED BY D4B: 03/09/1992ORIG. UCC FILED: 03/26/1991ORIG. FILING NO: AE0058175FILED WITH: SECRETARY OF

STATE/UCC DIVISION,OH

COLLATERAL:FILING NO:TYPE:SEC. PARTY;

DEBTOR:

Leased proceeds - Leased Computer equipmentAE0056696 DATE FILED:original RECEIVED BY D&B:MERIDIAN LEASING CORP, FILED WITH:DEERFIELD, ILTHE GOODYEAR TIRE & RUBBERCOMPANY

03/17/199106/18/1991

SECRETARY OFSTATE/UCC DIVISION,OH

COLLATERAL;FTT,ING NO:1 £:StC. PARTY;

DEBTOR:

Leased Proceeds * Leased Computer equipmentAE0054042 DATE FILED: 03/05/1991Original RECEIVED BY DfiB: 06/18/1991MERIDIAN LEASING CORP, FILED WITH: SECRETARY OFDEERFIELD, IL STATE/UCC DIVISION,THE GOODYEAR TIRE 4 RUBBER CO OH

COLLATERAL: Leased Proceeds - Leased Computer equipmentFILING NO: AE0054043 DATE FILED: 03/05/1991TYPE: Original RECEIVED BY DfcB: 06/18/1991SEC. PARTY: MERIDIAN LEASING CORPORATION, FILED WITH: SECRETARY OF

DEERFIELD, IL STATE/UCC DIVISION,DEBTOR: THE GOODYEAR TIRE & RUBBER CO OH

There are additional suits, liens, or judgments in D&B'sfile on this company available by contacting 1-800-DNB-DIAL.

There are additional UCC's in D&B's file on this companyavailable by contacting l-800-DNB-DIAL.

The public record items contained in this report may have beenpaid, terminated, vacated or released prior to the date thisreport was printed.

BANKING03/9202/92

Account(s) averages low 4 figures. Account open over 5 years.Account(s) averages high 3 figures. Account open 1-3 years.(Same bank)Account(s) averages low 4 figures. Account open over

10 years.(Same bank)Account(s) averages medium 3 figures. Account open

over 10 years.(Same bank)Account(s) averages low 4 figures. Account open over

10 years.(Same bank) Account (s) averages low 4 figures. Account open 1-3

years.

Account (s) verages moderate 3 figure Account open over 10years.

Account (s) averages medium 3 figures. Account open 1-3 years.(Same bank)Account(s) averages high 3 figures. Account open over

10 years.Account (9) averages high 4 figures. Account open 1-3 years.Account (s) averages high 5 figures. Account maintained,(Sane bank) Account (s) averages moderate 4 figures. Account

maintained.Account open under l year.

HISTORY03/19/92

STANLEY C. GAULT, CHB-CEO+ HOYT M. WELLS, PRES+FRANK R. TULLY, EX V PRES OREN G. SHAFFER, EX V PR£S+EUGENE R. CULLER JR, EX V PRES WILLIAM J. SHARP, EXEC V PRESJAMES BOYAZIS, V PRES-SEC JOHN M. ROSS, V PRES-GEN COUNSELCHARLES E. EDMISTEN, V PRES-COMPTROLLERDIRECTOR(S): The officers identified by (+) and Thomas H. Cruikshank,Gertrude G. Michelson, Willian C. Turner, Steven A. Minter, Charles W.Parry, Agnar Pytte and Russell E. Palmer.

BUSINESS TYPE: Corporation - DATE INCORPORATED: 08/29/1898Profit STATE OF INCORP; Ohio

AUTH SHARES-COMMON: 150,000,000PAR VALUE-COMMON: No Per ValueAUTH SHARES-PREF: 50,000,000PAR VALUE-PREF: No Par Value

OUTSTANDING CAPITAL STOCK: At Dec 31 1990, there were 58,477,890common shares outstanding. No preferred shares have been issued.

There were 48,780 shareholders of record at Feb 19 1991* This isa publicly held corporation whose common stock is listed on the NewYork, Midvest and Pacific Stock Exchanges under the ticker symbolMGT". Overseas listings include the Tokyo, Paris, Frankfurt andBrussels Stock Exchanges. At Feb 15 1991, no director or officerbeneficially owned more than 0.12%, and all directors and officers asa group beneficially owned approximately 0.76% of the shares of commonstock then outstanding. Beneficial owners of more than 5% of thecommon stock outstanding included two operating subsidiaries of TheCapital Group Inc, Los Angeles, CA, which owned approximately 6.4% ofoutstanding shares as of Feb 11 1991, and Sanford C Bernstein & CoInc, New York, NY, who owned approximately 8.2% of outstanding sharesas of Feb 6. 1991.

Business started 1898.ACQUISITION:.In Dec 1989, Goodyear acquired Co-Ex Plastics Inc, a blown

wrapping films manufacturing company located in Lewisburg, TN. Apurchase price was not disclosed.

DISCONTINUED OPERATIONS : .On Dec 30 1986 the company sold the capital stock of Motor Wheel

Corporation and on Apr 1 1987, sold the capital stock of Motor Wheel

Canada and certain ther assets, including th i manufacturing plantsowned by the company, to MWC, Inc for an aggregate selling price of$175 million. On Mar 13 1987 the company sold substantially all ofthe assets of Goodyear Aerospace Corporation and certain relatedassets to Loral corporation for $588 million.

On Jul 24 1987 the company sold approximately 6 1/2 percent ofits oil and gas reserves to a subsidiary of International Paper for$70 million. On Dec 4 1987 the company sold substantially all of itsremaining oil and gas reserves in the sale of all of the shares ofCeleron Oil and Gas Company to an Exxon subsidiary for $615.0 million.

In the 1989 second quarter, the company's oil transportationsubsidiary, All American Pipeline Company, sold about 435 miles ofunused 30-inch pipe to Coastal Corporation for $70 million.

In Aug 1989, the company sold its South African tire and generalproducts manufacturing subsidiary to Consol Limited, subsidiary ofAnglovaal Ltd, a South African financial, industrial and mining group,for $41 million.

————MANAGEMENT BACKGROUND————.STANLEY C. GAULT, born 1926. 1948 College of Wooster (Ohio),

B.A. 1944-46 USAAC. 1948-80 employed General Electric Co, seniorvice president-industrial products and components sector. 1980-91employed Rubbermaid Incorporated, Wooeter, OH, CHB and CEO. Jun1991-present CHB and CEO, The Goodyear Tire & Rubber Company.

HOYT M. WELLS, born 1926 married. 1949 University of Nebraska,ME; 1951 MME. 1951 to present employed Goodyear Tire & RubberCompany. 1951 engineer. 1956 engineering manager North Chicagoplant. 1967 engineering manager St Marys Molded & Extruded Productsplant. 1969 plant manager. 1972 vice president general productsGoodyear Canada Inc. 1980 vice president general products GoodyearTire 4 Rubber Company. 1987 executive vice president; 1988 director;1991 president.

FRANK R. TULLY, born 1928 married. 1951-present The GoodyearTire & Rubber Company. 1980 elected vice president-human resources.Dec 1989 elected executive vice president-human resources and totalquality systems.

OREN G. SHAFFER, born 1943. 1968 to present employed by TheGoodyear Tire & Rubber Company. Held various financial posts until1981. 1981 elected president and managing director of Goodyear FranceSA, a subsidiary. 1983 assistant controller of The Goodyear Tire &Rubber Company. 1985 elected vice president and treasurer. 1987executive vice president and director.

EUGENE R. CULLER JR, born 1938. 1961-present The Goodyear Tire tRubber Company; 1986 vice president; 1988 executive vicepresident-North American Tire Operations.

WILLIAM J. SHARP, born 1941. Graduated from the University ofAkron with a bachelor's degree in industrial relations. Joined TheGoodyear Tire t Rubber Co in 1964. Elected vice president, tiremanufacturing 1987. Became responsible for the wire and textileplants in 1989. 1991 elected executive vice president, productsupply.

JAMES BOYAZIS, born 1936 married. 1958 BE Youngs town StateUniversity, 1966 JD University of Akron. 1959-62 employed RepublicSteel Corp, industrial engineer. 1963 to present employed TheGoodyear Tire t Rubber Company, 1979 director, secretary's office.1983 secretary and counsel Goodyear Aerospace Corp subsidiary. 1987vice president and secretary The Goodyear Tire & Rubber Company.

JOHN M, Fx , born 1931 married. 195 iA Yale University. 1956LLB, Temple University Law School* 1956-65 employed Duane Morris &Heckscher, law firm. 1965 to present The Goodyear Tire t RubberCompany. 1965 legal staff, 1973 assistant general counsel andassistant secretary, 1987 vice president and general counsel.

CHARLES E. EDM1STEN, born 1929. Graduated from VirginiaCommonwealth University. 1951-present The Goodyear Tire & RubberCompany. 1973 general auditor. May 1990 appointed vice president andcomptroller.

————OTHER OFFICERS-----JOHN P. PERDUYN, vice president.FREDERICK J. KOVAC, vice president.ROBERT M, HEHIR, vice president.EARL w. DAHL, vice president.DENNIS E. PICK, vice president.JAKES W. BARNETT, vice president.NISSIH CALDERON, vice president.WELTON BIRDWELL, vice president.GEORGE R. HARGREAVES JR, vice president & treasurer.JESSE T. WILLIAMS SR, vice president.J. DAVID WOLF, vice president.R. P. ADANTE, vice president.W. B. HIRSCH, vice president.————OTHER DIRECTORS———— ^THOMAS H. CRUIKSHANK, CHB and CEO, Halliburton Company.GERTRUDE G. MICHELSON, senior vice president-external affairs, R.

H. Macy 6 Company/ Incorporated'.WILLIAM C. TURNER, CHB and CEO, Argyle Atlantic Corporation.STEVEK A. MINTER, director, The Cleveland Foundation.CHARLES W. PARRY, retired, formerly CHB, Aluminum Company of

America (ALCOA).AGNAR PYTTE, president, Case Western Reserve University.RUSSELL E. PAIMER, CHB and CEO, The Palmer Group.Affiliates: The following are related through common ownership

and/or financial interest.Goodyear participates in several joint ventures in various

foreign countries. In 1987, Goodyear and Pacific Dunlop Limitedestablished South Pacific Tyres, an Australian partnership, and SouthPacific Tyres N.Z. Limited, a New Zealand company, in each of whichGoodyear and Pacific Dunlop Limited each have a 50% equity interest,which entities operate five tire manufacturing plants, 27 retreadplants and a chain of approximately 425 retail outlets in Australia,New Zealand and Papua - Mew Guinea.

In 1989, Goodyear and Pacific Dunlop Limited established TecbeltPacific, an Australian partnership in which Goodyear and PacificDunlop each have a 50% equity interest, which manufactures steelreinforced conveyor belting in Australia, other joint ventureinterest* of the company include a 50% interest in Nippon Giant TireCo., Ltd., which manufactures earthmover tires in Japan, and a 30%interest in a synthetic rubber and specialty polymers facility inBrazil.

OPERATION03/19/92 On a consolidated basis, the company manufactures (through its

tires and related products and services segment, 81.8% of 1990 sales)

a broad line of tit-«, tubes and retreads (sa. * of tires wereapproximately 72.6% of Goodyear's net salt* in 1990), engages inautomotive repair services through its retail outlets, the sale todealers (wholesale) and consumers (retail) of automotive equipment andsupplies, the operation of seven rubber plantations and engages inaircraft wheel and brake maintenance; the general products segment(18.0% of 1990 sales) manufactures vehicle components including a videvariety of automotive belts and hoses, industrial rubber products,rubber treads for tank tracks, a broad line of synthetic rubber,rubber latices and organic chemicals used in rubber and plasticprocessing and vinyl resins and latices, polyester reains, PVC films,and markets shoe products and roofing products; and through its oiltransportation segment (0.2% of 1990 sales), consists primarily of theAll American Pipeline System, a common carrier crude oil pipelineextending from California to Texas.

Terms are 30 days, dating and extended terms on some foreignsales. Has €5,000 accounts, sells to original equipmentmanufacturers, dealers, wholesalers, service stations, distributors,the general public & retail chain stores. Territory : International.Foreign sales represented approximately 43% of total sales in 1990.Konseasonal. Competition intense.

EMPLOYEES: 99,952. 5,708 employed here.FACILITIES: owns 1,800,000 sq. ft. in multi story bricic building

in good condition. Premises neat. Corporate headquarters complex.LOCATION: Industrial section on main street.BRANCHES: On a consolidated basis, Goodyear manufactures its

products in 85 manufacturing facilities located around the world*There are 42 plants at 40 locations in 20 states of the United Statesand 43 plants in 25 foreign countries. There are approximately 1,363retail outlets in the United States and approximately 442 retailoutlets in foreign countries. The company also operates 86 retreadplants and approximately 277 warehouse and distribution facilities.There are also research and development facilities and technicalcenters in Akron, OH, Coloar-Berg, Luxembourg, and orsay, France. Th<company also owns and operates tire proving grounds in Akron, OH,Colmar-Berg, Luxembourg, Mireval, France, and San Angelo, TX.The company owns and operates rubber plantations in the Philippines,Indonesia, Brazil and Guatemala and operates two rubber plantations inthe Philippines.

SUBSIDIARIES: At Mar 20 1991, the company listed 68 direct andindirect subsidiaries, 56 of which were wholly-owned. They areengaged in manufacturing or marketing of the company's productsthroughout the world. There are intercompany merchandise transactionson regular terms. A list of subsidiaries is available and on file atthe Cleveland, OH office of Dun & Bradstreet. Certain significantsubsidiaries are listed below.

The Kelly-Springfield Tire Company, Cumberland, MO, chartered MD1935, manufactures replacement passenger and truck tires.

Air Treads Inc, Forest Park, 6A, chartered GA 1966, sells ntwaircraft tires, produces and sells retreaded aircraft tires andrepairs aircraft wheels and brakes in the U.S., Canada and Europe.

All American Pipeline Company, Houston, TX, chartered TX 1983,operates crude oil pipeline.

Brad Ragan Ino, Charlotte, NC, chartered NC 1962, 74.5% owned,tire retailing and commercial tire sales, retreading and servicechain.

BanXing- Chenic Baric, Continental Ban* N . , Manufacturers HanoverTrust Company, Citibank N.A. , Bank of America. ......... „03-30(9ZN /11«) 00000 012114114 H

FULL DISPLAY COMPLETE(EOR)

Wasta Management o* North America, Inc,Midwest RegionTwo Westbrook Corporate Center • Suite 1000P.O. Boi 7070Westch«ttr, Illinois 60154708/409-0700

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 theHaaen Farm Site in Stouahton. 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 lav 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, 1990Page 2

3. (a) Peter AbelesP. 0. Box 219Kenosha, WisconsinFormerly employed by City Disposal Corp. -

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

- f

(c) Ruth Sundby1212 Hamilton >Stoughton, 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) Gera ld**Onsrud ^561 Peachwood DriveGrand Junction, ColoradoFormer City Disposal Employee

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

(i) Liniel CooperAddress unknownFormer Mayor - City of Stoughton

Stoughton Trailer, Inc.Stoughton, Wisconsin


(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(a) Response to EPA's February 23, 1987, requesthas not been located.

5. Entity EPA or Wisconsin I.D. Number

Hagen Farn 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


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 Miles (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

Jeffrey A. Cahn, EsqJuly 19, 1990Page 5

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 Lease1* 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

Jeffrey A. Cahn, EsqJuly 19, 1990Page 6

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-m) 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 Respondents1 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


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

(m) [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.

williaa SchubertRegional Environmental ManagerOn behalf of Waste Management of Wisconsin, Inc

Pt

cc: Carl FrankPeter Kelly

supplement to 104(e) response - waste management inc · 2020. 7. 7. · this letter is in response...

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