Document 0gvEeOmpaL4nDo04dM9yp1bLb

FILE NAME Powhatan PHN DATE 1977 DOC PHN029 DOCUMENT DESCRIPTION Govt Inspection Reports Baltimore County Department of Health Division of Air Pollution TELEPHONE MEMORANDUM Incoming i_ | Outgoing ia OK to file Date Come Up Date 4 by, Date of Call Time 4/13/77 Person talked to Mr Feckles Title Attorney Attorney Representing Powhatan Powhatan Mining Mining | Statement Tel No. 732-7100 732-7100 | Called 17 infernation infernation infernation i Ferkler and requested a the following following following fo__ Meine Meine -F bentos cre huyler 12 list of customer customer He 111 111 confee confee with Miss Mett | call back . Palaton Palaton Palaton Palaton nwnes nwnes and ~ Recommendations Referred to Copy to for Signed Date and and Filled Filled Filled / 4/13/77 4/13/7 4/13/77 Baltimore County Department of Division of Air Pollution TELEPHONE MEMORANDUM Health - - Incoming [| Outgoing LF | Person talked to Mr. Feskler ' Representing Powhatan Powhatan Mining Statement Co. OK to file Date Come Up Date ry 3 ey Date of Call 5/16/7 5/16/77 5/16/77 Time 11 AM Title Atorney Atorney Tel No. 732-7600 ' Mr. Feskler stated that Miss Mett has been : away and he has therefore therefore to discuss my request with not had an opportunity opportunity her She should be Recommendations Referred to 7 Copy to for Signed DavidFiller Date 5/16/77 BALTIMORE COUNTY MARYLAND OFFICE CORRESPONDENCE On July Jeff Howard information 6/23/77 5 1977 a meeting was held at BAQNC with John McQuade and in regard to the need for legal action to secure certain from the Powhatan Mining Co. see telephone memo dated With the assistance of Jeff Howard Assistant Attorney General a subpoena was drafted ordering the company to provide the following 1. access to the plant property for the purpose of securing samples of the waste material from the manufacturing process and soil samples 2 a list of sources of the asbestos containing ore 3 a list of persons who deliver the ore to the plant on Windsor Mill Road 4 a customer list including product descriptions and quantities 5 access to the daily production records to determine when the plant process is in operation Following the meeting Jeff Howard called Mr. Ferkler Powhatan's Attorney who stated that they would provide everything listed above upon receipt of a written request Thus no subpoena will be necessary Jeff Howard will forward a written request mrg David Filbert Program Supervisor Technical Services Section July 13 1977 Ma Frances E. Mett President Powhattan Mining Company + 6721 Windsor Mill Road Baltimore Maryland 21207 Dear Ms. Mett As you know the Maryland Department of Health and Mental Hygiene has been concerned for some time about a possible risk to the health and welfare of the people of Maryland from sources of asbestos in the State Because of the nature of the operation of your Windsor Mill Foad Plant we feel that it is essential that your Plant receive close scrutiny Mr. Jeffrey E. Howard Assistant Attorney General for the Department for air quality matters recently discussed the Department's need for certain information and cooperation regarding your Plant with Mr. Harry W. Ferkler who we understand is the attorney representing your Company on this matter Mr. Howard made it clear that the information requested could be subpoenaed if necessary and that Article 43 Sections 2 3 and 690 et seq of the Annotated Code of Maryland provide ample authority to support such a subpoena Mr. Howard indicated that he hoped a subpoena would not be necessary and Mr. Ferkler agreed that a letter would suffice at this time The information and cooperation which we are requesting is the following 1 access to your Windsor Mill Road premises and plant for the purpose of gathering samples of waste products from your manufacturing operations and soil and dust samples from any place or places on the premises or in the plant We would like to be able to collect these samples by no later than July 31 1977 2 a list of the sources of supply to your Windsor Mill Foad Plant of asbestos containing ores during the period from July 1 1976 through June 30 1977 including the identity of persons who transport the ore to your plant We would like this information by July transport 1977 3 a list of all customers and their addresses who purchased products manu- factured from asbestos containing at your Windsor Mill Road Plant on Mas Frances R. Mett Page 2 July 13 1977 during the period from July 1 1976 through June 30 1977 including a description of these products and the approximate quantities involved We would like this information by July 31 1977. It will be kept con- fidential consistent with the Public Information Act Article 76A Section v of the Annotated Code of Maryland 4 inspection of your records upon request for the period commencing July 1 1977 through December 31 1977 in order to determine when your Windsor Mill Road Plant has been or will be in operation during this period and ) the future production schedule for your Windsor Mill Road Plant to the extent this schedule has been determined We would like this informa- tion periodically upon request from the Department I hope that you are able to comply with this request and that we can work cooperatively on these matters in the future ~ al Sincerely yours GPF JH ps CC Mr. Harry W. Ferkler bcc Mr. Phillips ~ Mr. Beman Mr. McQuade Mr. Howard George P. Ferreri Director Bureau of Air Quality and Noise Control July 13 1977 , Ms. Frances E. Mett | President Towhattan Mining Company " 6721 Windsor Mill Road Baltimore Maryland 21207 Dear Ms. Mett As you know the Maryland Department of Health and Mental Hygiene has been concerned for some time about a possible risk to the health and welfare of the people of the of Maryland from sources of asbestos in the State operation of your Windsor Mill Foad Plant we feel Because of the nature that it is essential that your Plant receive close scrutiny Mr. Jeffrey E. Howard Assistant Attorney General for the Department for air quality matters recently discussed the Department's need for certain information and cooperation regarding your Plant with Mr. Harry W. Ferkler who we understand is the attorney representing your Company on this matter Mr. Howard made it clear that the information requested could be subpoenaed if necessary and that Article 43 Sections 2 3 and 690 et seq of the Annotated Code of Maryland provide ample authority to support such a subpoena Mr. Howard indicated that he hoped a subpoena would not be necessary and Mr. Ferkler agreed that a letter would suffice at this time The information and cooperation which we are requesting is the following 1 access to your Windsor Mill Road premises and plant for the purpose of gathering samples of waste products from your manufacturing operations and soil and dust samples from any place or places on the premises or in the plant We would like to be able to collect these samples by no later than July 31 1977 2 a list of the sources of supply to your Windsor Mill Foad Plant of asbestos containing ores during the period from July 1 1976 through June 30 1977 including the identity of persons who transport the ore to your plant We would like this information by July 31 1977 3 a list of all customers and their addresses who purchased products manu- factured from asbestos containing ore at your Windsor Mill Road Plant ee MB .Frances R. Mett page 2 July 13 1977 from July 1 1976 through June 30 1977 including a during the period and the approximate quantities involved description of these products information by July 31 1977. It will be kept con- We would lickeonsthiisstent with the Public Information Act Article 76A fidential of the Annotated Code of Maryland Section c order records upon request for the period commencing July 1 4 inspection of your December 31 1977 in to determine when your Windsor and 1977 through will be in operation during this period Mill Road Plant has been or schedule for your Windsor Mill Road Plant to the production 5 the future been determined We would like this informa- extent this schedule has upon request from the Department periodically tion able to comply with this request and that we can work I hope that you are in the future cooperatively on these matters ~ Sincerely yours - George P. Ferreri Director Bureau of Air Quality and Noise Control GPF JH ps CC Mr. Harry W. Ferkler bcc Mr. Phillips Mr. Beman Mr. McQuade Mr. Howard ~~ Compliance Compliance ts NEIL SOLOMON MO SECRETARY PH Maryland DEPARTMENT OF HEALTH AND MENTAL HYGIENE ENVIRONMENTAL HEALTH ADMINISTRATION P.O. BOX 13387 201 WEST PRESTON STREET BALTIMORE MARYLAND 21203 PHONE 301-383- 2740 August 19 1977 DONALD H NOREN DIRECTOR SUBPOENA DUCES TECUM To Ms. Frances E. Mett President Powhattan Mining Company 6721 Windsor Mill Road Baltimore Maryland 21207 1 All excuses set aside and pursuant to Article 43 Section 3 of the Annotated Code of Maryland you are hereby ORDERED to provide this Department the following documents and information a A list of the sources of supply including their addresses and telephone numbers to your Windsor Mill Road plant of asbestos containing ores during the period from July 1 1976 through the date of this Subpoena including the identity of persons who transport the ore to your plant b A list of all customers and their purchased products manufactured at asbestos containing ore during the date of this Subpoena including a approximate quantities involved addresses and telephone numbers who your Windsor Mill Road plant from period from July 1 1976 through the description of these products and the c A list of those persons and their addresses and telephone numbers who purchased or who were given waste products from the asbestos refining operations at your Windsor Mill Road plant during the period from July 1 1976 through the date of this Subpoena including a description of these waste products and the approximate quantities involved d A list of those places not at the Windsor Mill Road plant where your company has disposed of waste products from the asbestos refining operations at your Windsor Mill Road plant during the period from July 1 1976 through the date of this Subpoena including a description of these waste products and the approximate quantities involved e To the extent known the anticipated production schedule for your Mill Road plant for the period commencing August 1 1977 through 1977 Windsor December 31 er _- to Mr. George P. Ferreri ORDERED to provide the above information West Preston Street 2 You are and Noise Control 201 Director Bureau of Air Quality than ten days Saturdays and Sundays Baltimore Maryland 21201 not later excluded following receipt of this Subpoena above you may provide the the information as required 3 In lieu of providing Mr. Ferreri or person agreeable to you and not later than information in a manner mutually as to this manner is ready htehemadyatedewshiigcnhatteheprionvfiodremdatiaogrneeimsenrtequired by Paragraph 2 to be provided to the Department ; a Neil Solomon M.D. Ph.D. Secretary of Health and Mental Hygiene RETURN OF SERVICE he is over 21 years of age and an employee hereby certifies that State of Maryland and that he The undersignedof Health and Mental Hygiene of the directed by delivering oefxetchueteDdepsaerrtvmiecnet of this Subpoena upon the party to wohfomsamite iosn August 22 with Ms. Frances E. Mett a copy of Baltimore : and leaving State of Maryland County 1977 at 6721 Windsor Mill Road Before me the undersigned Achamiisin made oath miisin and for the State and 24 this Mcin due form of law that the County day of matters and einabove true : , : ; K K . a io f + K a John E. McQuade Jr. Envrionmental Health Administration Bureau of Air Quality & Noise Control W.W. W. W. K K Public Notary Compliance Cray arrears Compliance Compliance NEIL SOLOMON M.D SECRETARY PH.D. DEPARTMENT OF HEALTH AND MENTAL HYGIENE ENVIRONMENTAL HEALTH ADMINISTRATION P.O. BOX 13387 201 WEST PRESTON STREET BALTIMORE MARYLAND 21203 PHONE 301-383- 2740 August 19 1977 DONALD M NOREN DIRECTOR SUBPOENA DUCES TECUM To Ms. Frances E. Mett President Powhattan Mining Company 6721 Windsor Mill Road Baltimore Maryland 21207 1 All excuses set aside and pursuant to Article 43 Section 3 of the Annotated Code of Maryland you are hereby ORDERED to provide this Department the following documents and information a A list of the sources of supply including their addresses and telephone numbers to your Windsor Mill Road plant of asbestos containing ores during the period from July , 1976 through the date of this Subpoena including the identity of persons who transport the ore to your plant b A list of all customers and their purchased products manufactured at asbestos containing ore during the date of this Subpoena including a approximate quantities involved addresses and telephone numbers who your Windsor Mill Road plant from period from July 1 1976 through the description of these products and the c A list of those persons and their addresses and telephone numbers who purchased or who were- given waste products from the asbestos refining operations at your Windsor Mill Road plant during the period from July , 1976 through the date of this Subpoena including a description of these waste products and the approximate quantities involved d A list of those places not at the Windsor Mill Road plant where your company has disposed of waste products from the asbestos refining operations at your Windsor Mill Road plant during the period from July 1 1976 through the date of this Subpoena including a description of these waste products and the approximate quantities involved e To the extent known the anticipated production schedule for your Windsor Mill Road plant for the period commencing August 1 1977 through December 31 1977 Mpa, ts 2 You are ORDERED to provide the above information to Mr. George P. Ferreri Director Bureau of Air Quality and Noise Control 201 West Preston Street Baltimore Maryland 21201 not later than ten days Saturdays and Sundays excluded following receipt of this Subpoena 3 In lieu of providing the information as required above you may provide the information in a manner mutually agreeable to you and Mr. Ferreri or person he may designate provided agreement as to this manner is ready not later than the date which the information is required by Paragraph 2 to be provided to the Department Solomon Solomon Neil Solomon M.D. Ph.D. Secretary of Health and Mental Hygiene RETURN OF SERVICE The undersigned hereby certifies that he is over 21 years of age and an employee of the Department of Health and Mental Hygiene of the State of Maryland and that he executed service of this Subpoena upon the party to whom it is directed by delivering and leaving with Ms. Frances E. Mett a copy of same on August 22 1977 at 6721 Windsor Mill Road State of Maryland County of Baltimore Before me the undersigned appearedJohn aaffoorreseasidaid facts , 1927 hereinabove set forth are . Yary Yary made oath true public and for the State and County Emc Tod this 244 244 day of in due form of law that the matters and ~ . eA va are _ fs 1 John E. McQuade Jr. Envrionmental Health Administration Bureau of Air Quality & Noise Control K / Notary Public