Document Em2Xy02Bmq3jQB26ja1bkGkK4

fiiR 2.2.G - U S! RECk.tE* MAY 1 * W Office of Legal Services 1356 Hansford Street Charleston, WV, 25301 (304) 558-9160 Telephone (304) 558-4255 Fax West Virginia Department o f Environmental Protection Bob Wise Governor Michael O. Callaghan Secretary Robert A. Bilott, Esq. Taft, Stettinius & Hollistar LLP 1800 Firstar Tower 425 Walnut Street Cincinnati, OH 45202-3957 Dear Mr. Bilott: May 9, 2002 3. O -- "ts <j ~ ~ CT This letter is intended to respond to your letters o f March 18, 2002 and April 19, 2002. I apologize for the delay but I was unable to find a copy o f your March letter until you faxed me another copy. 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. If the answer to that question is "yes," you have asked for copies o f 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 this month. The team wanted each member to be able to speak freely about the studies o f C-8 so that the team would reach a consensus on the proposed number. Thus, they are no documents that would fit your request. But the ultimate work o f the CAT team will be able to be viewed by your investigators during the document review session. 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 o f the groundwater study being conducted by the Division o f Water Resources. While the information certainly has relevance to that study, primarily regarding any history o f affected well sites, it does not offer much to assist DW R's present (and exhaustive) study o f the local well systems. The DWR believes that it has enough data to support its present modeling o f the effects o f the C-8 in surrounding West Virginia communities. CONTAIN N,O,, C_ a .' "To use all available resources to protect and restore W en Virginia's environment in concert with the needs of present and future generations." E Wen Vfffnil 9 Department of Environmentil Protect on OOfrir& f1 Robert A. Bilott, Esq. May 9, 2002 Page 2 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 part o f the record and accorded the weight they deserve. Yours sincerely, cc: Dee Ann Staats, DEP David Watkins, DWR Christopher D. Negley "To use aii available resources to protect and restore West Virginia's environment in concert with the needs of present and future generations." 000122 wta v^gai* Depvtmtm of EnvrofYTvnul ProtecTKM