IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

Sarah Elizabeth Frey, et al., Plaintiff
v.
United States Environmental Protection Agency, et al., Defendants.

I, Thomas Alcamo, state as follows:

1. I am employed by the United States Environmental Protection Agency ("U.S. EPA"). Since April of 1988, I have been employed by U.S. EPA as a Remedial Project Manager ("RPM") in the Superfund Division of U.S. EPA's Region 5 office) which is located in Chicago. I have worked as an RPM responsible for directing and overseeing the cleanup activities at the Westinghouse/CBS Corporation/ Viacom polychlorinated biphenyl ("PCB") sites located in and around Bloomington, Indiana, since November of 1997.

2. As the RPM for the Westinghouse/CBS Corporation/Viacom sites, I have conducted and overseen site investigations to identify areas of PCB contamination at Lemon Lane Landfill, Neal's Landfill, and Bennett's Dump, among other sites I also oversaw the development of the remedial approaches and the specific remedies which U.S. EPA selected for these sites.

3. The remedy selection process consists of first investigating the nature and extent of the site contamination, completing a risk analysis and then developing alternatives to address the site contamination. A preferred alternative is chosen by the Agency and it solicits public input through a Proposed Plan. The Agency then selects its preferred option and explains why it rejects the others in a Record of Decision. Attached to the Record of Decision is a Responsiveness Summary which addresses public comments. If later information demonstrates the need to change the selected remedy, the Agency can issue a ROD Amendment.

4. The remedies at each of these sites have multiple components, or "operable units," but only some of these components have been put into place. For example, hot spots were excavated at Neal's Landfill and Lemon Lane Landfill and the remaining materials were capped in November 1999 and November 2000, but neither water nor contaminated sediments have been addressed completely. Similarly, PCB contaminated soils were excavated from Bennett's Dump in the fall of 1999, and contaminated sediments were excavated in September 2000, but Groundwater has not been addressed.

5. At Lemon Lane Landfil', Neal's Landfill, and Bennett's Dump, water and sediment investigations are in progress and are collecting the information that U.S. EPA needs to better understand the sites' hydrology and to select appropriate remedies. These investigations, which Viacom is conducting, go beyond just monitoring the effects of past work, since the information will be used in the development of remedial alternatives for future water and sediment remedy decisions.

6. At Lemon Lane Landfill, the source control operable unit was completed in November 2000 involving the excavation and off-site disposal of 80,096 tons of PCB contaminated material, the off-site incineration of 4,402 PCB contaminated capacitors weighing 465,280 pounds, and capping the remaining materials. The Illinois Central Spring ("ICS") located near the Lemon Lane Landfill contains PCBs from the Lemon Lane Landfill that have traveled through Groundwater and the karst geology (landscape features including sinkholes, sinking streams, caves and springs that develop as a result of the natural solution of limestone and other types of soluble rock) to emerge at ICS. U.S. EPA funded the construction of an interim water treatment plant for ICS in a separate removal action, and the plant became operational in May 2000. The water treatment plant treats 1000 gallons per minute of spring water and has the capacity to store 1.3 million gallons of storm water. Storm water contains the highest PCB contamination since PCBs are flushed out during rain events due to the karst geology.

7. In the water operable unit for the Lemon Lane Landfill, EPA is evaluating the need to increase storm water storage, the need to add additional process equipment based upon discharge criteria developed by the Indiana Department of Environmental Management to reduce the PCBs from the water treatment plant effluent, the need based upon risk to human and ecological receptors to treat additional springs near the Lemon Lane site, and the ability to capture and treat PCB contaminated water closer to the Lemon Lane site (which will reduce the volume of water required to be treated). In the sediment operable unit for Lemon Lane Landfill, EPA is concurrently evaluating the need to remove PCB contaminated sediments from Clear Creek. EPA will use Record of Decision Amendments, with an opportunity for public comment, to determine the most appropriate remedies for the water and sediment operable units.

8. At Neal's Landfill, the source control operable unit was completed in November 1999 involving the excavation and offside disposal of 41,747 tons of PCB contaminated material, off-site incineration of 4,119 PCB contaminated capacitors weighing 484,264 pounds, and capping of the remaining materials. Westinghouse/CBS Corporation/Viacom constructed pursuant to the 1985 Consent Decree a water treatment plant capable of treating 450 gallons per minute from South Spring, North Spring and the Southwest Seep. The water treatment plant became operational in 1990. As with ICS, during rainfall events, PCBs are released in higher concentrations from the spring system at Neal's Landfill due to PCBs being flushed from the karst geology. Some storms have produced flow rates greater than 10,000 gallons per minute.

9. In the water operable unit for Neal's Landfill, EPA is evaluating the need based upon risk for expanding the Viacom water treatment plant including increasing the volume of spring water to be captured and treated, storage of storm water and adding additional water processing equipment to decrease the PCB concentrations in the effluent. In the sediment operable unit, EPA is concurrently evaluating based upon risk to both human and ecological receptors the need to remove PCB contaminated sediments from Conard's Branch and Richland Creek. EPA will use Record of Decision Amendments, with an opportunity for public comment, to determine the most appropriate remedies for the water and sediment operable units.

10. At Bennett's Dump, the smallest of the three sites, the soil excavation activities were completed in November 1999 involving the excavation and off-site disposal of 36,157 tons of PCB contaminated material and off-site incineration of 1,756 PCB contaminated capacitors weighing 237,440 pounds. In September 2000, approximately 10 cubic yards of sediment was removed from the banks of Stout's Creek. PCBs continue to be released from springs on the site into Stout'ss Creek which is adjacent to the site. Viacom is implementing a Groundwater investigation plan to allow EPA to better understand the site's hydrology. Based on the information currently available, EPA intends to take additional steps to address these continuing releases. However, EPA needs the information Viacom is collecting in order to determine the best approach to address the continuing release of PCBs into Stout's Creek.

11. All of these components should be completed before the effectiveness of the remedy is evaluated, because each individual component or operable unit is part of a single remedy. Evaluation of the individual components, standing alone, would yield misleading results.

12. For example, even though the source control operable unit at Lemon Lane Landfill has been implemented, PCBs will continue to be released from the site because the contamination has migrated deep into the rock under the landfill and is being flushed out by groundwater, especially during rain events. This aspect of the threat posed by PCB contamination, which would be present even if all of the contaminated material had been excavated instead of just the "hot spots," will be addressed in the separate groundwater component of the remedy.

13. Because the work completed to date does not, and is not intended to, address all of the risks posed by PCB and other contaminants, the remedies at Lemon Lane Landfill, Neal's Landfill, and Bennett's Dump sites are not yet complete.

I declare under penalty of perjury that the foregoing is true.

Signed:
Thomas Alcamo