1. Sarah Elizabeth Frey, pursuant to 28 U.S.C. 1746 declare as follows:

I am over the age of twenty-one years and of sound mind. I have personal knowledge of the facts herein declared where indicated by the context of the statements. To the extent that opinions are expressed, I base my opinions on sound and generally accepted scientific principals within my area of training and experience as a scientific researcher. I earned the decree of doctor of philosophy from the University of Wisconsin in 1946 in my field of limnology (the study of freshwater aquatic resources) and wildlife ecology.

I am an Ecologist and Environmentalist and have been a resident of Monroe County since 1950. In 1976 1 learned that a study had been made of PCBs in Clear Creek Fish by the Fish & Wildlife Division of the Indiana Department of Natural Resources and the study showed that the fish had high levels of PCBs. The person who did the study said that the Indiana State Board of I lealth had had it for six weeks and appeared to be "sitting on it" and what could we do to get it before the public.

I called Don Jordan, a naturalist and wildlife reporter of a relatively new second paper in Bloomington about the study. He got rapid results and the following day the paper ran headlines about the PCB fish study, reporting that fish in Clear Creek were highly contaminated with PCBs and should not be eaten. From that day to this there has been a warning not to eat the fish in Clear Creek.

1. MONROE COUNTY/CITY OF BLOOMINGTON A PCB HIGH HEALTH RISK COMMUNITY

The Monroe County / City of Bloomington (MC/CB) Community is a PCB HIGH HEALTH RISK as a community that had first hand exposure and heavy contamination of their environment by PCBs for eighteen years before they learned what had happened to them. Westinghouse Electric Corporation's dumping at Lemon bane Landfill (LLL) oF damaged and defective capacitors filled with PCBs, and large quantities of PCB saturated rags sawdust and filter clays as well as huge quantities of the toxic solvent trichloroethylene used at the plant to cleanup PCBs, and believed to be the chief reason for dispersal of PCBs throughout the landfills began at Lemon Lane Landfill in 1958 with Region V EPA estimating as many as 60,000 capacitors being dumped there before closure of the Landfill in 1965-66.

Dumping of capacitors and the PCB-saturated rags, sawdust, filter clay and trichloroethylene was then transferred by Westinghouse to Neal's Landfill, Neal's Dump, Bennett's Quarries, Fell Iron and Metal, with the Westinghouse Plant itself a major site of pollution. One of the losses the City of Bloomington suffered was contamination of the Winston- Thomas Sewage Treatment Plant from Westinghouse discharging PCBs directly into the sewer lines from their plant. Even more mind boggling was Westinghouse dumping of capacitors in the new state of the art (hopefully) Anderson Road Landfill which had been considered strictly off limits for that kind of dumping.

Four thousand or more employees of Westinghouse were heavily exposed as well as their families to PCBs constantly for years. Those who scavenged capacitors for metal also exposed their families as well as themselves and some carted off capacitors to their yards for scavenging thus polluting their properties. The Winston -Thomas Sewage Treatment Plant offered dried sludge to citizens to spread on lawns and fields and many took up the offer and were contaminated as well.

Many citizens took their rubbish and garbage directly to the highly polluted landfills and at the very least breathed in PCBs from landfills still smoldering from their last burning (true of Neal's, Bennett's and Lemon Lane Landfill.) Fell's Iron and Metal was of particular concern since it was close to the Courthouse Square and people passing it every day were aware of the PCB smell without knowing that the smell meant they were inhaling PCBs. Lemon Lane Landfill was identified as the source of PCB pollution of Clear Creek which flowed through the City of Bloomington and during and after storms the smell of Clear Creek was strong with PCBs volatilizing from the rushing waters. It is true to say that even before citizens knew what PCBs were, and the fact they were toxic with Congress in the process of outlawing their manufacture, that the citizens of MC/CB had been unknowingly exposed and the community deeply contaminated.

2. FIRST STAGE SOURCE CONTROL OPERABLE UNIT EXCAVATIONS FAIL AT LEMON LANE LANDFILL, NEAL's LANDFILL, AND BENNETT'S DUMP, MC/CB'S SUPERFUND NATIONAL PRIORITY LIST SITES

EPA and Viacom assert in their Memoranda prepared in support of Summary Judgment of the Plaintiff's Complaint, that the first stage of the Source Control Operable Unit Cleanup, the excavation of "hotspots" at Lemon Lane Landfill, Neal's Landfill, and what they believed to be complete excavation of Bennett's Dump to industrial use level had been completed.

On March 16, 2002, however, Region V EPA, in a news release to Bloomington's Herald- Times, the public learned that PCBs WERE STILL BEING RELEASED FROM THESE SITES ABOVE AN ACCEPTABLE LEVEL INTO THE ENVIRONMENT AFTER THE EXCAVATION OF THE SITES HAD BEEN COMPLETED.

This in fact was an admission of failure of the so-called `'Hotspot Cleanups" carried out at Neal's Landfill and Lemon Lane Landfill; and what EPA had considered a complete removal of PCBs (or a removal except for those that couldn't be reached).

The significance of the failure of the so-called cleanups was that the MC/CB Community is still being exposed to dangerous levels of PCBs after 45 years of exposure!

3. A QUESTION EXISTS WHETHER GROUNDWATER CARRYING PCBs SURFACES AT LEMON LANE LANDFILL ONLY FROM THE BEDROCK BELOW THE SITE

Region V EPA addresses the failure of the targeted excavations on page 6 ot their request for Summary Judgment by noting:

"Although this operable unit involved the excavation of over 80,000 tons of PCB- contaminated material, and destruction of over 4,000 PCB-contaminated capacitors, PCBs continue to be released into the karst geology under the landfill and is being flushed out by groundwater, especially during rain events. EPA is addressing 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 targeted areas, in two additional operable units."

First, EPA does not say what they base their conclusion on, that PCBs are coming out into the environment only from contaminated bedrock at Lemon Lane Landfill, and no longer leaching out from the landfill when it rains. EPA infers that the 80,000 tons of contaminated PCBs they excavated, plus a RCRA CAP, coupled with contaminated wastes excavated below 100 parts per million and other soils bull-dozed from parts of the Landfill which were not tested and excavated, but moved and stored on-site in a high position of the landfill, can no longer be reached and leach out into the environment during storms.

We consider this speculation and will consider it so until EPA produces data to show that it is not. Insufficient data has been obtained by EPA concerning what happens during various types of major storms including 25 year storms and how the Groundwater carrying PCBs moves up into the landfill, causing leaching-out of PCBs into the groundwater during storms. This process of leaching out into the karst and into the groundwater has been going on for 45 years at LLL, and certainly the amount of PCBs that are stored in the limestone formations underneath the landfill has grown over the years to a considerable extent and must eventually be dealt with, but this does not preclude the necessity of complete removal of the remaining SOURCE of PCBs at LLL and Neal's Landfill, however high they are stored on site. Predicting what will happen in trusting KARST, which is always evolving and producing surprises and uncertainties, is a fool's errand. As they say, it is always better to be safe than sorry.

It is not surprising that EPA's estimate of 38,000 cubic yards of PCB-contaminated soils over 100 ppm was a poor projection for the excavation at LLL based on a very poor study, and that the 80,000 tons removed more than doubled the estimate. LLL was always considered highly toxic throughout because capacitors etc. were distributed widely. The southern end east to west was also considered probably the most toxic because at one time it was a center of scavenging capacitors. However, Lemon Lane Landfill has been subject to such extensive bulldozing in preparation for capping twice, that complete removal is the only sure thing at this stage. This involves, according to the CBS estimate, removal of an additional 120,000 cubic yards of PCB- contaminated soil down to bedrock at Lemon Lane Landfill.

4. STUDIES OF PCB SUPERFUND NPL SITES LEMON LANE LANDFILL AND NEAL's LANDFILL WERE INADEQUATE AND UNACCEPTABLE AND DID NOT CONFORM TO A REMEDIAL INVESTIGATION REQUIRED UNDER CERCLA

The Plaintiffs cannot accept the Defendants claim that the "targeted" excavations at LLL, Neal's Landfill, and Bennett's Dump have been completed in any sense of the word. Under Federal Rules and Regulations, Federal Register, March 8, 1990, it plainly states. that:

The national goal of the remedy selection process is to select remedies that are protective of human health and the environment, that maintain protection over time, and that minimize untreated waste. Certainly, the remedies selected for Lemon Lane landfill, Neal's Landfill, and Bennett's Dump have failed and after 45 years we are still being exposed unabated to high levels of PCBs.

The major problem to obtaining a Remedial Investigation worthy of its name was that CBS, the Principal Responsible Party for the Superfund Site cleanups did not want to do the studies and excavations necessary. At Neal's Landfill CBS agreed to do 13 borings at a particular place in the landfill but the other 78 samples had to be done by EPA's consultant Tetra Tech with the hope of EPA getting reimbursed at a later date.

In the instance of Lemon lane Landfill it was just as had, with CBS willing to do only 13 borings at certain specific locations of their choice, and then being prevailed upon to do 32. with EPA doing 7 borings on its own, still a woefully small number. At neither of the Landfills were the samples sufficiently representative of the sites to give an adequate idea of the scope of contamination. Based on the results of the Neal's study, Tetra Tech recommended that another study be done during the cleanup to get a more accurate understanding of the extent of contamination but the recommendation was rejected by EPA and other government parties.

To make matters worse, after the limited and unacceptable studies were performed, limits were put on what had to be excavated and for Neal's Landfill, only boring samples that had shown PCBs over 500 ppm were required to be excavated and the remainder was kept on site. At Neal's, an 18 acre site with 320,000 cubic yards of PCB-contaminated soils and other materials only 41,747 tons of PCBs were removed plus 4,119 capacitors which makes a travesty of SOURCE CONTROL AT THE SOURCE.

At the boring sites at Lemon Lane Landfill, only the samples indicating over 100 ppm were required to be taken to a TSCA Landfill and the contaminated soils under that limit retained on site. At LLL during excavation of the selected sites it was found that in many instances they had to go to bedrock and even deeper in the KARST resulting in 80,000 + tons of high level PCBs being removed from the Landfill plus 4,402 capacitors. 120,000 cubic yards of landfill remain untested.

Gareth Davies, a Principal Scientist of Cambrian Ground Water Co. and a consultant to COPA, reviewed the study proposed for Neal's Landfill and concluded after examining how unrepresentative the samples were in characterizing the hotspots, concluded that the argument that waste at the site had been properly evaluated was totally untenable.

The Plaintiffs requested complete removal of the PCB-contaminated soils at both Neal's Landfill and Lemon Lane Landfill and Davies commenting on complete removal, alternative 5 for Neal's Landfill, noted that the reason for not adopting it was COST, further noting:

"However, if alternative 4 is adopted in the final decision but the clear inadequacies shown to be present here not properly addressed then all the money spent on it would be for naught. Then the "more expensive" alternative (complete removal) would become cheap at the price, because it would not have been as prone to failure and compromise, and at least the waste would have been removed from the site, thus ensuring the one thing that cannot (or should never) be compromised, future protection of human health, which should be the ultimate goal of such an endeavor regardless of cost."

5. LOW LEVEL PCBs ARE SIGNIFICANT

EPA has shown a disdain for low level PCBs and the use of a 500 ppm cutoff at Neal's Landfill "hotspot" excavation is an example. The Plaintiffs believe this was an arbitrary and capricious decision at a Superfund NPL site which Tetra Tech in its sampling found to be contaminated with PCBs over the entire landfill.

EPA got its guidance for establishing the 500 ppm cutoff et Neal's Landfill and 100 ppm at Lemon Lane Landfill from an EPA document called GUIDANCE ON REMEDIAL ACTIONS FOR SUPERFUND SITES WITH PCB CONTAMINATION. (1990) which noted that "Principal threats will generally include material contaminated at concentrations exceeding 100 ppm for sites in residential areas and concentrations exceeding 500 ppm for sites in industrial areas. The plaintiffs did not read the precaution that accompanied this guidance for it mentions decisions should also consider site specific conditions.

This applies to the fact that all of the Superfund NPL Sites are situated over Karst in extreme geological conditions and to protect public health and the environment the MC/CB PCB Superfund NPL Sites should be removed completely from such a dangerous and unpredictable situation, which EPA's scientific consultants and experts on karst geology and hydrology advised them to do twenty years ago.

PCBs are a particularly important POP (Persistent Organic Pollutant) that the United Nations Environmental Program includes in its "dirty dozen" campaign for organic chemicals that they hope to eliminate world-wide. They are ubiquitous and insidious in their effects and are considered a threat to survival of the human race and their environment.

Region V EPA, in a Memorandum of Points and Authorities to Magistrate Judge Kennard P. Foster. Special Master. on February 5, 1998 mentions, page 16: that

"Any exposure of human beings or the environment to PCBs as measured or detected by any scientifically verifiable analytical method, may be significant."

In the last two decades research has been showing time and time again that small levels oF PCBs can have very serious consequences which backs up what researchers have been saying that they haven't been able to find a threshold at which they are not toxic.

The Plaintiffs want to submit a reference to the book OUR STOLEN FUTURE (1997), Plume Press, authors Dr. Theo Colburn, Dr. John Peterson Myers, and Dianne Dumanoski, the latter an environmental science writer. The book was written in a style for every man's consumption. It has an important message questioning ARE WE THREATENING OUR FERTILITY INTELLIGENCE, AND SURVIVAL?

This book provides an account of emerging scientific research about how a wide-range oF manmade chemicals of which PCBs is a significant one, disrupt delicate hormone systems which play a critical role in processes ranging from human sexual development to behavior, intelligence, and the functioning of the immune system.

This applies to our problems of trying to cleanup our PCB landfills which has been undeniably as slow as a snail's pace, principally from difficulties in the last twenty years with Negotiations of EPA with three different Corporations, Westinghouse, CBS, and VIACOM for cleanups which clearly have not had Public Health and the Environment as keystone considerations. For that reason our health problems continue to grow as we are continually exposed in varying amounts according to the weather and citizens of this community continues to accumulate PCBs in their bodies as do the plants and animals that make up our environment.

6. ATMOSPHERIC CONCENTRATIONS OF POLYCHLORINATED BIPHENYI,S AT BLOOMINGTON, INDIANA

The above is the title of a paper published by S. Y. Panshin and Ronald A. Hites, School of Public and Environmental Affairs and Department of Chemistry, Indiana University published in Environmental Science and Technology in 1994. The results should be viewed from the tact that the PCB Superfund NPL Sites were capped in 1987 but that high levels of PCBs continued to be released unabated into the air from the springs every time it rained as well as retained in sufficient numbers in receiving waters of the springs that PCB levels remained above acceptable levels in fish and other aquatic animals as well as animals that feed upon them. Panshin and Hites conclude that:

PCB atmospheric partial pressures (and thus concentrations) have remained constant in Bloomington since 1986, and, we calculate a flux of 53-165 micrograms m-2 year-1. We must emphasize that these are maximum values for the flux of PCBs from Bloomington. This flux was calculated using concentration values for the flux of PCBs Prom Bloomington. This flux was calculated using concentration values at 25 degrees Centigrade; at lower temperatures the concentration gradient between the boundary layer and the free trophosphere is not as large, so the flux will he reduced, and

Using the maximum and minimum values of Bloomington's PCB concentrations we calculate a flux range of 16 -160 micrograms m-2 year 1. Because Bloomington is a source of PCBs, we believe that these compounds volatilize into the atmosphere and are transported to distant sinks.

Panshin and Hites further noted that:

This atmosphere flux is higher than those reported in several areas. probably because Bloomington is surrounded by major PCB sources, and,

Taken in this context, our values are reasonable for a contaminated site.

Region V EPA should take note that Hites data is calculated from congeners, not Arochlors and is more accurate as a result. Scientists engaged in research on PCBs use congeners generally and it gives a more accurate understanding of the toxicity of a situation. U.S. EPA as early as 1976 was advocating use of PCB congeners for this purpose. Why has it not been used in Monroe County for calculating the toxicity of PCB releases from our Springs and Landfills?

7. PURPOSE OF OUR COMPLAINT AND AMENDED COMPLAINT AGAINST U.S. EPA AND VIACOM IS TO GAIN A HEARING IN COURT ON THE FACT THAT THE PLAINTIFFS HAVE FUNDAMENTAL DISAGREEMENT WITH EPA's 1st, 2nd, and 3rd OPERABLE UNITS FOR THE CLEANUP OF LEMON LANE LANDFILL, NEAL'S LANDFILL AND POSSIBLY FOR BENNETT'S DUMP ON WHICH EPA IS CURRENTLY PERFORMING A 5-YEAR EVALUATION

Tom Alcamo, Region V EPA's Program Manager for MC/CB's PCB Superfund Sites, in No. 3 of his Affidavit of January 13, 2003 reviews the remedy selection process followed to arrive at a preferred alternative and then solicit public input.

We view the entire process differently than he does based on experience with the first two decisions on the Superfund Sites which the public believed were not in the public interest and did not assure protection of PUBLIC HEALTH AND THE ENVIRONMENT, the Program Goal of CERCLA.

The CONSENT DECREE was forged among EPA, the Government Parties, and Westinghouse Electric Corporation, the Principal Responsible Party for the acute pollution of MC/CB, and was carried out completely behind closed doors with public comment not sought and withheld from the public until it had been signed by Jack McGraw for Lee Thomas, U.S. EPA Administrator in Washington, D.C

The Monroe County/City of Bloomington (MC/CB) public had absolutely no input to the negotiations although when it was rumored that incineration might be the remedy proposed. citizens notified the government parties that they were unequivocally opposed to incineration.

The fact that the public immediately asked for an Rl/FS when the Consent Decree was made public demonstrates that they considered it a fundamental part of CERCLA assuring public participation in the decision-making process at an appropriate time BEFORE the crucial decisions were decided and finalized.

Although Region V EPA has made all kinds of suggestions as to why we never got an Rl/FS it is a matter of record that they were being performed for other PCB Superfund Sites at the time that the Consent Decree was being prepared. Hugh Kaufman who had a high-ranking position in the Hazardous Waste Division of U.S. EPA signed an affidavit for citizens that MC/CB was the only place he knew of where an Rl/FS had not been prepared. Dan Hopkins. a former Project Manager of the MC/CB PCB Superfund Sites who when questioned why an RI/FS had never been prepared said simply "that Westinghouse didn't want one."

There was very strong opposition to incineration as a remedy from the moment the public had access to the Consent Decree and saw how blatantly it favored Westinghouse who was givers the go-ahead to build their own Westinghouse/O'Connor Rotary Kiln Combuster, while the City of Bloomington had given an indication of it being sited on city-owned property on Dillman Road. At the same time the City of Bloomington was to provide their Municipal Solid Waste as fuel for which the tipping charges Westinghouse earned would defray the costs of building and running the incinerator.

When the public earned that a hazardous waste landfill of enormous size (bigger than the 675,000 cubic yards that were to be burnt in the incinerator because of the added MSW of the City, there was another eruption of public sentiment against the entire idea of incineration. Citizens were able to secure their representatives in the State Legislature to sponsor a bill for a 2- year study by IDEM reviewing the PCB Superfund Sites situation in Monroe County/City of Bloomington and to present alternatives to incineration. This resulted in a long delay in which a strong consensus developed opposing incineration. In the meantime Westinghouse was performing cleanups for Fell Iron & Metal and the Westinghouse Plant. The Winston-Thomas Sewage Treatment Plant and Lagoon and the principal Superfund NPL Sites were left to last.

Westinghouse was taken over by CBS somewhere along the line but the exact date does not seem important. Negotiations with CBS took a long time at one point with CBS having the outrageous suggestion of piggy-backing excavations of Lemon Lane Landfill, Neal's Dump and Bennett's Dump upon Neal's Landfill.

CBS and EPA came to an agreement on Bennett's and Neal's Dump to more or less cleanup both dumps to the extent possible and secured the approval of the Government Parties for both those cleanups and a "Hotspot" removal of PCBs from the Superfund NPL Sites of Neal's Dump and Lemon Lane Landfill. The public was again eliminated from the decision- making process on the "hotspot cleanups" for Neal's Landfill and Lemon Lane Landfill the two most highly contaminated PCB sites. EPA knew full well from CIC meetings that citizens WANTED COMPLETE REMOVAL OF PCBs AND OTHER MATERIALS, but Tom Alcamo told them that since they objected to the incineration remedy that there would be no alternatives to the "Hotspot cleanups". In the Record of Decision Amendment for the Source Control Operable Unit for both Neal's Landfill and Lemon Lane Landfill, EPA had an Alternative 5 for total removal but that was merely a formality or a caveat to show that public participation is encouraged in decision-making by EPA.

The Proposed Plan for the First Source Operable Unit on which EPA holds a public hearing at which the public can comment on the plan and alternatives notes:

Public input on proposed changes and the information that support these changes is an important contribution to the cleanup remedy selection process. Based upon new information or public comments, U.S. EPA may modify the recommended changes described here, or may select another alternative represented in the Proposed Plan.

To the public this facade or another dog and pony show as the decision to do "hotspot" cleanups was made many months ago with the power of the Court helping to promote and finalize the agreement and attend to details.

AS PREVIOUSLY NOTED THE "HOTSPOT CLEANUPS HAVE FAILED WHICH WAS IN ESSENCE THE FIRST OPERABLE UNIT AND DEFENDANTS WANT TO DO NO FURTHER EXCAVATIONS. EPA AT LEAST SEEMS TO WANT TO DEPEND ON OPERABLE UNIT 2, WATER TREATMENT, FOR THE CLEANUP REMAINING AT THE LEMON LANE AND NEAL'S PCB SITES AND OPERABLE UNIT 3 FOR CLEANUP OF HEAVY ACCUMULATION OF TOXIC SEDIMENTS SUCH AS THOSE AT THE ILLINOIS CENTRAL SPRING AND ALONG THE UNKNOWN STREAM WHICH RUNS INTO CLEAR CREEK AND AT CLEAR CREEK ITSELF.

The Plaintiffs believe that since the defendants are agreed on no further excavations but are far apart on water treatment as the #2 Operable Unit that our Complaint should be heard because otherwise we would be deprived of having input and a voice in what we think is currently needed to prevent further PCB pollution of the public and our environment. Forty-five years of continuous PCB contamination of MC/CB is enough.

The Plaintiffs have told EPA often enough that we believe in SOURCE CONTROL, AT THE SOURCE AND THE SOURCE IS AT THE PCB SUPERFUND NPL SITES AND THEY CAN BE EXCAVATED AND REMOVED WITH GREATER EASE, EFFICIENCY, AND FAR GREATER RELIABILITY AT THE SOURCE THAN THROUGH WATER TREATMENT THAT PERMITS RELEASE OF THE PCBS INTO THE GROUNDWATER FROM THE LANDFILLS AND FROM PCBS STORED IN LIMESTONE FORMATIONS UNDER THE LANDFILL and then must be recaptured without the capability of the direct approach of removing them directly from the landfill itself nor with the uncertainty that comes with having to retrieve them after they may have spread out in different ways in the karst or lodged in karst that makes it very difficult to know what percentage may be recaptured. or even can be recaptured.

Plaintiffs have been for complete removal of PCB contamination from all sites over karst since the Consent Decree was presented to the public in 1985 and believe there is general public consensus that PCBs should be removed from over KARSTcompletely. Now the concerns are for complete removal of the remaining PCB contamination and other contaminated materials down to bedrock for Neal's Landfill, Lemon Lane Landfill and Bennett's Dump as a 1st stage.

The second state is to attempt to remove what can be removed from the limestone formations underneath the landfills as completely as possible.

The Plaintiffs have always been for WATER TREATMENT as necessary to remove all the PCBs possible from the flushing out of the major springs that occurs during storms and long after at Neal's Landfill, Lemon Lane Landfill, and Bennett's Dump. Citizens tried for a long time after Westinghouse secured an NPDES permit from IDEM to try and get improvements made through appropriate local or state officials, but made no progress. We still want to see treatment of the spring waters that will be effective and the public should have input so as to be able to protect their environment. We considered it a farce from the beginning. The F&WS visited it for an inspection in 1990 and the letter from them to Dan Hopkins of June 13, 1990 gives an idea of its "operation", or lack of operation.

The Illinois Central Spring (ICS) Water Treatment Plant was sought by many citizens notably Ron Smith and John Foster for many years, for the Spring was not only polluting its own citizens from its very large output of PCB-contaminated water but regions beyond as well. Nevertheless EPA constructed the ICS Water Treatment Plant from 1998-2000 and replaced the first set of leaking storage tanks and conducted a trial operation before it was transferred to IDEM's management on August 1st, 2001 as an interim treatment facility. It still is an interim facility. The public had no input on its design, placement, whatever and we were told at the January 2000 Hearing on Lemon Lane Landfill's "hotspot excavation" that we could not talk about it even though the plant was nearly completed because it was a second stage facility (water treatment). If we would have had an opportunity we would have criticized the fact that it was an open system and not designed to prevent volatilization of PCBs to the air which should be corrected.

Nevertheless it has been doing its job and is appreciated except during large rains when a certain amount of water bypasses the storage tanks into Clear Creek.

A treatment facility remains to be built near Stout's Creek to intercept PCB-contaminated water from Bennett's Dump.

We have always seen the need for water treatment during the long time it has taken officials to manage the excavation and remove the highly contaminated soils and other hazardous wastes from its PCB-Superfund NPL Sites, which is still far from completion. We do not view WATER TREATMENT AS A PRINCIPAL OBJECTIVE BUT EXCAVATION AND REMOVAL OF THE CONTAMINATED WASTES TO BEDROCK AT THE SOURCE OF CONTAMINATION WITH ISOLATION OF THEM FROM THE ENVIRONMENT AND DISCUSSION OF ALTERNATIVE TECHNOLOGIES TO DETOXIFY THEM AS SOON AS POSSIBLE.

Water treatment is certainly a very important second operable unit as is identification of heavily contaminated areas beyond the major polluted landfill sites such as the large sinkhole area in which ICS is located and believed to be heavily polluted.

VIACOM, GEOPHYSICAL EXPLORATIONS, AND MAGIC CONDUITS

Viacom has been doing geophysical explorations under LLL and in the vicinity of LLL, going on at least 4 years or so and as far as we know VIACOM has found no magic conduits to tap. Certainly the reports of its recent geophysical explorations at the February meeting of the CIC did not seem that promising.

We have heard that VIACOM has expended a considerable expenditure of money on these Geophysical Projects and only wish that it had been expended on FURTHER EXCAVATION, REMOVAL AND TREATMENT OF PCB-CONTAMINATED SOILS AND OTHER HAZARDOUS MATERIALS, IN OTHER WORDS SOURCE CONTROL AT THE SOURCE, AND ON WATER TREATMENT FACILITIES which they have been reluctant to perform.

We want to introduce again as an exhibit the Report of 1984 of Dr. Richard L. Powell, a Karst Geologist/Hydrologist, and former EPA consultant entitled a REPORT ON SOME PROBLEMS ASSOCIATED WITH REMOVAL OF GROUNDWATER FROM KARST TERRAINS AT BLOOMINGTON, INDIANA, which has deeply influenced the Plaintiffs thinking in respect to KARST TERRAIN DEVELOPED ON LIMESTONE BEDROCK, and the many complexities, uncertainties and problems associated with it, and the fact that it is continually evolving in response to what happens in its drainage system.

Heavily polluted PCB Superfund NPL Sites, and the three in question qualify. Neal's Landfill, Lemon Lane Landfill and Bennett's Dump deserve and should have by law effective long term remediation in order to protect public health and the environment and we ask that this be so ordered for the protection of our community.

I declare under perjury that the foregoing statements are true and correct.

Dated this 10th day of March, 2003

Sarah Elizabeth Frey