Document 3NqLpyLmE35dZQQwdK8ZQdoYn

s5ke5m0 << AR 226 -- 1181 4 ( RECE:VE OMAYf1fe4 pc200eonifcs Cl1ar3i5es6tHoann,sWfoYr,d 2S5e30t1 (304) 5(5380.69)1$6508T-e4l2e5p5haFnaex West Virginia Department of Environmental Protection S Gover we -- TS T waCaS0 elcgey Robert A. Bilott, Esq. Taft, 1800 Stettinius & Hollistar Firstar Tower LLP 425 Walnut Street Cincinnati, OH 45202-3957 May 9, 2002 = = 30 Zz 5 85 z se =z Dear Mr. Bilott: another copy. : This letter is intended to respond to your letters of March 18, 2002 and April 19, 2002. I apologize for the delay but [ was unable to find a copy of your March letter until you faxed me. With regard to your April 19, 2002 letter, I offer the following. You have asked whether any documents exist that might document the CAT team's position on C-8's "health protective levels" prior to its meeting in May. Ifthe answer to that question is "yes, you have asked for copies of these documents. The short answer is that "no"'documents exist for FOLA purposes. however, I believe a longer answer may assist you when the opportunity for document review of the CAT team's findings occurs. It is my understanding that this review will take place in a few `weeks. `The CAT team specifically did not establish any "opinions" on the C-8 levels prior to its meeting. thismonth. The team wanted each member to be able to speak freely about the studiesof C-8 so that the team would reach a consensus on the proposed number. Thus, they areno documents that would fit your request. But the ultimate workof the CAT team will be able to be viewed by your investigators during the document review session. = AONTAIN NO CF As to the March 18, 2002, letter, I first want to thank you for your submission. Our groundwater people always appreciate historical information. It is my belief that you submitted the information so that the information will be reviewed in the context of the groundwater study being conducted by the Division of Water Resources. While the information certainly has relevance to that study, primarily regarding any historyof affected well sites, it does not offer much to assist DWR's present (and exhaustive) studyof the local well systems. The DWR believes that it has enough data to support its present modeling of the effects of the C-8 in surrounding West Virginia communities. J cToovowaemnaelnvanloabmlsrewsiusetospdrsovoefrpranedsreenstaorde Woeeer Vgieegranse" [IPT Eiem c ssid SS a --ot0t2t-- Robert A. Bilott, Esq. May 9, 2002 Page2 `The DWR believes that suspending its activities in order to determine whether other documents exist is counterproductive to the process. The DEP has made it known to Dupont to continue in its efforts to locate any and all documents that relate to the Consent Order. When documents are located by Dupont, they will be made a partofthe record and accorded the weight they deserve. ce: Dee Ann Staats, DEP David Watkins, DWR Christopher D. Negley cn"Tiooumsemealnl aviaiclaoblne eesioshe1espisrofoapnrdteseeesntoacre WoetsteVeinegr3o" 000122 (IP)D ETroteen, ee