1990   Oct 30, 1990 EAST LIVERPOOL -- Hundreds of frightened children were evacuated from East Elementary School, less than 1,100 feet from WTI, when construction crews accidentally ruptured a gas main at the WTI construction site. WTI failed to notify the proper officials. The odor of gas was so strong at the elementary school that school officials believed that a gas line had ruptured in the school building. In addition to being scared, many children complained of headache and nausea, with a few of the children vomiting. Oct 29, 1990 CHICAGO, IL -- WTI requests only one change to its U.S. EPA RCRA permit for the addition of the spray dryer, which was characterized by WTI as advanced pollution control equipment that would bring the WTI facility "up-to-date", making it "state-of-the-art". No changes to the U.S. EPA RCRA permit were requested for the items that were the subject of the Jul 9, 1990 and Apr 12, 1991 changes to the Ohio EPA Installation and Operation Permit; this even though the 3000 pound per square foot load bearing capacity remains a requirement of the U.S. EPA RCRA permit then being violated by WTI. Oct 8, 1990 COLUMBUS -- The Ohio EPA classifies WTI's Jul 9, 1990 permit changes, including the spray dryer, as revisions. Sep 21, 1990 EAST LIVERPOOL -- Operating contract signed by WTI as owner and Von Roll (Ohio), Inc. as operator indicating management control by Von Roll (Ohio), Inc. This change in operational control was done in direct violation of RCRA regulations which specifically require 90-day notice and written preapproval of the administrator. Jul 9, 1990 COLUMBUS -- WTI files request for eight changes to its Ohio EPA Installation and Operation Permit. Included among other changes, are the addition of a spray dryer to the incineration system and the enclosure for the organic tank farm deletion of individual tank pressure monitoring devices. Enclosure of the organic tank farm may create an increased risk of explosion given the greater potential for the accumulation of volatile fumes within the enclosure, and will cause increased difficulty of fighting fires. Jun 22, 1990 COLUMBUS -- WTI files request for an additional air pollution permit to add two spray dryers. Jun 22, 1990 EAST LIVERPOOL -- Agreement between Environmental Element (Delaware), Inc. and Von Roll America, Inc. to sell and purchase all of the issued and outstanding stock of Environmental Elements (Ohio), Inc. to Von Roll America, Inc. The original partner in WTI was Koppers Environmental Corporation, which changed its name to Environmental Elements Ohio (Inc.) on Apr 15, 1983. This is not the same entity as Environmental Elements (Ohio), Inc. May 15, 1990 BERN, SWITZERLAND -- Federal prosecutors in Switzerland open preliminary investigation proceedings against Von Roll for suspicion of illegal manufacture and export of war material to Iraq. May 7, 1990 CHICAGO -- U.S. EPA contends that records indicate construction commenced on May 7, 1990. In fact, initial site preparation began in the form of site elevation with "fill dirt" to artificially raise site out of flood plain. Apr 26, 1990 COLUMBUS -- Compilation of information on Partners/Partnership Interest from Business Concern Disclosure Statements submitted to Ohio Attorney General: Environmental Elements Ohio, (Inc.) Energy Technologies, Inc. (dba Enertech Development, Inc.) Waste Technologies Incorporated Von Roll (Ohio), Inc. Mar 1990 EAST LIVERPOOL -- Groundwater and soil sample at WTI site indicate presence of several organic constituents: benzene, toluene, ethylene, ethylbenzene, xylene and acetone. Jan 24, 1990 COLUMBUS -- "Original Partnership "according to Mr. Waterman claims that WTI Attorney Charles Waterman these four "original" partners in a letter to Ed Lim of Ohio EPA were owned by four share for the purpose of providing holders as follows: "requisite assurances to lenders." (Mr. Waterman states incorrectly that the original partners are unchanged.) Environmental Elements (Ohio), Inc Environmental Elements Corporation Energy Technology Company Mustang Fuel Corporation Waste Technologies Incorporated Stephens, Inc. Von Roll (Ohio), Inc. Von Roll America, Inc.   1989   Oct 1989 COLUMBUS -- Ohio EPA completes Capacity Assurance Plan as required by the federal Superfund law, showing that Ohio has more than 2 1/2 times the capacity needed by the state to burn all of the hazardous waste generated in Ohio. With the addition of WTI, Ohio will have roughly 4 times the incineration capacity needed. Aug 14, 1989 CHICAGO -- WTI fined $9,500 for failure to provide information as requested by U.S. EPA under Section 3007 of RCRA.   1988   Feb 11, 1988 COLUMBUS -- According to the Business Disclosure Statements for the Ohio Attorney General, the officers and directors of Environmental Elements Ohio, Inc., Energy Technologies, Inc. (dba Enertech Development, Inc.), Waste Technologies Incorporated, and Von Roll (Ohio), Inc. are the same for each company and all took office on this date.   1987   Dec 31, 1987 COLUMBUS -- WTI, Inc. (formerly Waste Technologies, Incorporated) is dissolved. By 1987, all of the parent corporations had changed, and three fourths of the subsidiaries (the WTI "partners") had changed. Two of the corporate entities considered to be current partners and two of the corporate entities considered to be current parent corporations were not even incorporated until 1986: Von Roll (Ohio), Inc. , incorporated Feb 20, 1986; Waste Technologies Incorporated, incorporated Nov 19, 1986; Environmental Elements (Delaware) Inc., incorporated Dec 2, 1986; and Stephens Holding Company, incorporated Dec 29, 1986. Dec 3, 1987 COLUMBUS -- WTI applies for financing assistance from the Ohio Water Development Authority (OWDA) requesting OWDA permission in issuing tax free revenue bonds for up to $139,000,000. In WTI's description of permitted equipment, WTI lists, among other things, a spray dryer. Nov 4, 1987 EAST LIVERPOOL -- Amendment to the Claim to be wholly Joint Venture Agreement Owned subsidiaries of: Environmental Elements (Ohio) Inc., Environmental Elements (Delaware) Inc., Energy Technology Company Mustang Production Company, Waste Technologies Incorporated, Stephens Holding Company, Von Roll (Ohio), Inc., and Von Roll (America), Inc. Jul 10, 1987 Certificate of General Partnership Partnership pursuant to Section 1777.02 of the Ohio Revised Code, filed in Columbiana County Environmental Elements Ohio (Inc.), Energy Technology Company, Waste Technologies Incorporated, and Von Roll (Ohio), Inc. Jul 8, 1987 CHICAGO, IL -- U.S. EPA David Kee characterizes the WTI permit as "invalid for Federal purposes." "In the opinion of Region V, it is not a valid permit for the construction of a nonmajor source." The U.S. EPA had warned of the same problem in 1982. May 20, 1987 WASHINGTON, DC -- Memo by U.S. EPA Air and Radiation Branch Chief Steve Rothblatt to Deputy Regional Counsel Dave Ullrich concerning WTI's Air Pollution permit issued by Ohio EPA states: "The location of the proposed construction is under Section 110(a) (2) (I) construction ban for total suspended particulate (TSP) ..." "[T]he permit would allow a major source to construct in violation of the Federal construction ban. The permit may be considered valid by the Ohio EPA because the state would consider only Ohio law. However, since the construction ban is a Federal regulation, U.S. EPA should consider the permit invalid." "U.S. EPA commented on the draft permit on Nov 17, 1982, but did not raise the issue that the source was inappropriately made minor and thus illegally avoided the construction ban." Mar 25, 1987 WASHINGTON, DC -- Memo by U.S. EPA Air and Radiation Branch Chief Steve Rothblatt to Deputy Regional Counsel Dave Ullrich concerning WTI's Air Pollution Permit issued by the Ohio EPA says, "When this permit was issued, the 110 (a) (2) (I) construction ban was in effect for particulate matter for an area including the site of the proposed facility." "[C]onstruction of this source is prohibited."   1986   Dec 29, 1986 WILMINGTON, DE -- Stephens Holding Company incorporates in Delaware. Dec 4, 1986 EAST LIVERPOOL -- Waste Technologies, Incorporated gives consent to WTI acquisition, Inc. to use a similar name: Waste Technologies Incorporated. Dec 2, 1986 WILMINGTON, DE -- Environmental Elements (Delaware) Inc. incorporates in Delaware. Dec 1, 1986 COLUMBUS -- Waste Technologies, Incorporated changes its name to WTI, Inc. Nov 19, 1986 LITTLE ROCK, AR -- WTI Acquisition, Inc. incorporates in Arkansas. Jul 1986 WASHINGTON, DC -- U.S. EPA Guideline on Air Quality Models (Revised) says "If stagnation conditions are determined to be important, then site specific techniques must be developed." Feb 24, 1986 WILMINGTON, DE -- Von Roll (Ohio), Inc. incorporates in Delaware.   1985   Dec 1985 EAST LIVERPOOL -- Hydrogeologic and Groundwater Quality Conditions at the proposed WTI plant site with Hydrocarbon contamination of soil and upper aquifer documented. Apr 1985 WASHINGTON, DC -- The U.S. EPA Environmental Effects, Transport and Fate Committee, Science Advisory Board issues a Report on the Incineration of Liquid Hazardous Wastes. Feb 25, 1985 WASHINGTON, DC -- Third memo issued to all Regions concerning requirement of land owner signature on RCRA permit. Jan 25, 1985 CHICAGO -- Supposedly, the Federal RCRA permit issued on Jun 24, 1983 did not become effective until Jan 25, 1985, when all of the appeal and review processes had been resolved. This final agency action was an opportunity for Region 5 to seek the signature of the landowner on this invalid and illegal permit. Because the permit did not become effective until Jan 25, 1985, the Ohio EPA should also have reopened the permit to consider the new Ohio Siting Criteria.   1984   Aug, 1984 COLUMBUS -- Ohio enacts new siting criteria which would prohibit WTI's facility being sited in its current location. Siting criteria includes at least a 2000 foot setback from any school, hospital, prison or residence or in a flood plain. Jul 30, 1984 WASHINGTON, DC -- Second memo by John Skinner issued to all Regions concerning requirement of landowner signature on RCRA permits. Jun 22, 1984 EAST LIVERPOOL -- Ohio Emergency Response receives call from U.S. EPA Oil and Hazardous Material Coordinator Dan Papcke regarding a 200,000 gallon chemical loss at Charter Oil on CCPA property as received by FBI. WTI is built directly on top of this contamination. Apr 27, 1984 COLUMBUS -- Ohio Hazardous Waste Facilities Approval Board issues permit to WTI without the required landowner signature and based on an incomplete application, both of which violate state regulations, making it an invalid and illegal permit.   1983   Jun 24, 1983 CHICAGO, IL -- U.S. EPA issues Federal RCRA Permit to WTI without the required landowner's signature and based on an incomplete application, both of which violate federal RCRA regulations, making it an invalid and illegal permit. Other problems related to the WTI permit caused the State of West Virginia to appeal the decision by U.S. EPA to issue WTI a RCRA permit. Jul 25, 1983 Congressman Doug Applegate letter to U.S. EPA Administrator William Ruckelshaus concerning WTI's permit. Jun 17, 1983 WASHINGTON, DC -- Memorandum written by John Skinner, U.S. EPA Director, Office of Solid Waste, to all Hazardous Waste Branch Chiefs Regions I X. Subject: Landowner Signature on Part A. Mr. Skinner put all the EPA Regions on notice that the landowner must sign the permit as required by the regulations or the permit is not valid or legal. Jun 14, 1983 COLUMBUS -- In his report to the Hazardous Waste Facility Approval Board, Hearing Examiner Richard Brudzinski recommends denying the WTI State Hazardous Waste permit, based on an incomplete application. Inadequacies included: Waste Analysis, Closure Plan, Contingency Plan, Personnel Training and Performance Standards, no analysis of composition or magnitude of emissions, etc. In Brudzinski's "Conclusions of Law," he cites the Ohio code for which he based his recommendation of denying permit because it did not meet state mandated requirements for completeness. RCRA 40 CFR 270.10 (c), which became law on Apr 1, 1983, states: "The Director shall not issue a permit before receiving a complete application ..." Federal law in effect two months prior to the issuance of the RCRA permit also required completeness, yet the permit was issued in blatant disregard for both state and federal regulations, based on an incomplete application. Jun 7, 1983 WASHINGTON, DC -- Congressman Doug Applegate writes to U.S. EPA Administrator William Ruckelshaus concerning the WTI permit, saying: "Part of the proposal by Waste Technologies Industries includes estimates of particulate emissions in Columbiana County a non attainment area for particulates of 95 tons per year in particulates. This figure is predicated on the electrostatic precipitator operating at 99.6% efficiency. Simple mathematics will tell you that a decrease of .05% in efficiency will result in emissions in excess of 100 tons per year in excess of the "trigger" figure needed to require a Clean Air Act Discharge Permit WTI could not obtain. Both environmentalists and the industry tell me that the 99.6% efficiency figure is optimistic, possibly unrealistic considering the types and combinations of wastes to be incinerated." Apr 15, 1983 COLUMBUS -- Environmental Elements Corporation, gave consent to Koppers Environmental Corporation to use the name of Environmental Elements Ohio (Inc.) Mar 23, 1983 CHICAGO, IL -- Michigan Disposal, Inc. in Dearborn, Michigan, submits an application to U.S. EPA Region V for a Hazardous Waste Management Facility. Application is signed by both the landowner, Ford Motor Company and the facility owner, Michigan Disposal, Inc., as required by the 1980 RCRA regulations. Mar 15, 1983 COLUMBUS -- According to the Foreign Corporation Application for License Environmental Elements Corporation was incorporated on Mar 15, 1983. At this time, there appear to be two separate and distinct corporations by the name of Environmental Elements Corporation. The first is noted above. The second according to the Application for License to do business in Ohio, has an incorporation date of Mar 18, 1974. Spring 1983 EAST LIVERPOOL -- 19,000 gallon xylene loss at barge unloading area on CCPA property with no clean up action taken. WTI is built directly on top of this contamination. Feb 8, 1983 COLUMBUS -- Koppers Environmental Corporation changes its name to Environmental Elements Ohio (Inc.) Feb 2, 1983 COLUMBUS -- Ohio EPA issues State Air Pollution Permit to WTI.   1982   Dec 29, 1982 COLUMBUS -- Ohio Department of Natural Resources writes to U.S. EPA Region 5 concerning the issuance of a Federal RCRA permit to WTI, saying, "Protection to the 500-year flood level, as proposed by the Port Authority, does not adequately assure complete protection from pollution from toxic wastes. Because the proposed HWMF will be receiving, storing and treating hazardous and toxic waste, it is inappropriate to locate it in a flood hazard area so near public water supply provided by the Ohio River." "It ... appears to be unnecessary that this facility is located right on the water. Executive Order 11988 (Floodplain Management), Section 2(a) states that "If an agency has determined to.... allow an action to be located in a floodplain, the agency shall consider alternatives to avoid adverse effects and incompatible development in floodplain." "[R]egardless of site preparation, flood hazard areas are inappropriate for a hazardous waste management facility." " Based on this and other considerations, it appears that siting considerations and alternatives were not fully and properly evaluated in this case." The construction of WTI at this site violated Executive Order 11988 Floodplain Management of May 24, 1977. Nov 17, 1982 CHICAGO, IL -- U.S. EPA comments on proposed Ohio EPA Air Pollution permit for WTI saying, "[B]ecause of high background levels, Waste Technologies Industries may significantly contribute to violations of both shortterm and annual primary TSP standards. These violations have not been adequately addressed." Oct 8, 1982 COLUMBUS -- The Ohio EPA proposed draft Permit to Install (Air Pollution Permit) for WTI administered by Ohio EPA under the Federal Clean Air Act. Jul 25, 1982 COLUMBUS -- WTI files permit application with Ohio EPA for air pollution permit under the Federal Clean Air Act. WTI is listed as owner. Jul 23, 1982 COLUMBUS -- WTI files permit application with Ohio EPA for state hazardous waste permit. WTI is listed as owner and as operator. The State permit lacks the landowner signature as required by Ohio Administrative Code 37455041 (B) at the time of permit issuance. Application is referred to the Ohio Hazardous Waste Facility Board for public hearing and permit approval.   1981   Sep 4, 1981 CHICAGO, IL -- Waste Technologies Industries files permit application with US EPA to build hazardous waste incinerator on CCPA land taken under eminent domain. WTI is listed as owner and as operator. The RCRA permit application lacks the landowner signature as required by the RCRA regulations 45CFR 33074, May 19, 1980. Aug 18, 1981 EAST LIVERPOOL -- Land taken by ODOT under eminent domain from River Services Company for $923,700 in compensation. All of the land owned by the CCPA was taken by the state either by eminent domain or by direct purchase with $4 million appropriated by Ohio for the purpose of developing a public port facility. Jun 26, 1981 EAST LIVERPOOL -- Joint Venture Agreement Claim to be wholly for Waste Technologies Industries owned subsidiaries of: Koppers Environmental Corporation, Koppers Company, Inc., Energy Technology Company, Mustang Fuel Corporation, Waste Technologies, Incorporated, Stephens, Inc., Von Roll America, Inc., and Von Roll AG May 15, 1981 EAST LIVERPOOL -- Waste Technologies, Incorporated signs Lease Option Agreement to lease 22.5 acres of riverfront property from the CCPA on which to build a commercial hazardous waste incinerator. Waste Technologies, Inc., a subsidiary of Stephens Inc., was an Arkansas Corporation which later joined with three other corporations to form the partnership of Waste Technologies Industries. Land still legally owned by River Services and lease agreement signed by Waste Technologies, Incorporated and the CCPA. The 1981 Lease Agreement and subsequent lease agreements between WTI and the land owner (Columbiana County Port Authority) is invalid due to the Port Authority's lack of authority to enter into such lease. A hazardous waste facility was not included in the required Port Authority development plan approved Aug 25, 1980, such that the Port Authority was, and still is, without the authority to develop such a facility. Feb 11, 1981 CHICAGO, IL -- Wayne Disposal Inc. in Dearborn, Michigan, submits an application to U.S. EPA Region 5 for a Hazardous Waste Management Facility. Application is signed by both the landowner, Ford Motor Company, and the facility owner, Wayne Disposal Inc., as required by the 1980 RCRA regulations.   1980   Oct, 1980 COLUMBUS -- ODOT approves CCPA river port facility development plan and commences land acquisition on behalf of the CCPA. Sep 16, 1980 WASHINGTON, DC -- Army Corps of Engineers approves permit for river port facility and prohibits the handling of hazardous waste at port. Aug 25, 1980 EAST LIVERPOOL -- Columbiana County Port Authority approves river port facility development plan. Jul 17, 1980 EAST LIVERPOOL -- Public hearing held by CCPA on river port development plan. Jun, 1980 EAST LIVERPOOL -- Army Corps of Engineers public hearing on permit for river port. May 24, 1980 EAST LIVERPOOL -- Public notice published by Columbiana County Port Authority to adopt development plan for intermodal river port facility. May 19, 1980 WASHINGTON, DC -- EPA hazardous waste permitting regulations were adopted to implement the Hazardous Waste Permit Program of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (RCRA). The regulations in effect at the time the WTI permit was sought specifically required that the landowner of an EPA permitted hazardous waste management facility must be held equally responsible with the operator and must cosign the permit application. Feb 6, 1980 COLUMBUS -- Stephens Consultant Service, Inc. changes its name to Waste Technologies, Incorporated. Jan 28, 1980 COLUMBUS -- Agreement between the State of Ohio, acting by and through the Department of Transportation (ODOT) and the Columbiana County Port Authority to purchase land for a port facility on behalf of the CCPA. Agreement states: "the appropriation... made to the Department shall be used to acquire property and make such improvements as are necessary to enhance the use of Ohio rivers..." (ODOT Agreement No. 3275) ODOT was also given the responsibility of coordinating the development of "transportation facilities", defined as "publicly owned modes and means of transporting people and goods..." The use of the Port Authority property for a Hazardous Waste Incinerator violates the terms of the state funding grant and Ohio Port Authority law requiring port authorities to comply with development plan. Columbiana County Port Authority has not complied with its responsibility to develop river port facilities and thus has violated the terms of the grant which provided state funding for land acquisition.   1979   Jul 30, 1979 COLUMBUS -- The Ohio General Assembly appropriates $4 million to Ohio Department of Transportation (ODOT) "to acquire property and make such improvements as are necessary to enhance the use of Ohio Rivers" Mar 21, 1979 EAST LIVERPOOL -- East Liverpool Chamber of Commerce Director Ray Lorello concludes in his Port Potential Survey that a new port in Columbiana County was viable and could be highly successful.   1978   Apr 12, 1978 EAST LIVERPOOL -- Ernst and Ernst Port Feasibility Study concludes that a new port facility "built with tax money was not needed or justified in Columbiana County". Similar conclusions had been reached in an earlier study. A positive study was needed to gain financial support from the legislature.   1977   Mar 14, 1977 EAST LIVERPOOL -- Columbiana County commissioners create Columbiana County Port Authority (CCPA).