Open pits containing oil wastes and hazardous, toxic chemical wastes with the appearance of overflow wastes on the adjacent grounds as well as high water marks on trees next to the open pits equal to or higher than the pits.

The lack of levees between the facility grounds and drainage areas to the Grand River
"fishing lake".

Copies of a few facility log records and other documents which were previously copied by the local sheriff's office. These records indicate the receipt and content of oil and hazardous chemical wastes accepted at the facility.

Poor maintenance and sloppy "housekeeping" practices at the facility which leads a
reasonable person to recognize the likelihood of these prohibited pollutants entering
nearby waterways including waters of the United States and its tributaries, as well as posing
a threat to the environment and the public health and welfare of New Hampshire.
The reported death of a 19-year old truck driver at the CLAW open pits on July 25, 1987,
while he was discharging waste into an open pit at the facility. The death was possibly
caused by his inhalation of toxic fumes caused by a reaction of mixing incompatible toxic
wastes in the open pit. Two eyewitnesses to the death of the driver reported the presence
of choking fumes in the area when they opened the doors of their truck to assist the driver
who died. They also reported that his truck was parked at the edge of the open pit with
the doors open at the time of death. Subsequent laboratory tests of waste taken from the
pits have shown waste materials were present in the pit which, when mixed with the spent
caustic being discharged from the driver's truck, could have caused the death. Final autopsy
reports are still pending. It is allegedly reported that CLAW facility officials directed the
driver to take his wastes to the truck ramp and discharge them at the edge of an open pit.
Discharging toxic waste into an open pit is not a safe, desirable, or acceptable practice since
toxic chemical reactions are very probable and can result in the death of anyone nearby.

Section 308 of the Federal Waste Pollution Control Act (33 U.S.C. 1318) and Section 3007 of the Resource Conservation and Recovery Act (42 U.S.C. 6927), providing for entry, inspection, record review and copying, and sampling, are reasonable, in the public interest, and necessary in order to carry out the provisions of these Acts, which Acts are designed to protect the environment, as well as the public health and welfare. In the instant matter, it is reasonable to assume the need for inspection based on the information and observations set out in paragraph 4 above and in the public interest.

SAMPLE WARRANT

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF OREGON

IN THE MATTER OF

STOMP CORPORATION

NO.

WARRANT OF ENTRY, INSPECTION
AND MONITORING PURSUANT TO
33 U.S.C. 1318

TO: THE UNITED STATES OF AMERICA, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, THROUGH ITS DULY DESIGNATED REPRESENTATIVE OR

REPRESENTATIVES, THE UNITED STATES MARSHAL OR ANY OTHER FEDERAL

OFFICER

An application having been made by the United States of America, United States Environmental Protection Agency, for a warrant of entry, inspection, and monitoring pursuant to 33 U.S.C. 1318, as part of an inspection program designed to assure compliance with the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act), 33 U.S.C. 1251, et seq., and an affidavit having been made before me by Mister Inspector, a duly authorized employee of the United Sates Environmental Protection Agency, that he has reason to believe that on the premises hereinafter described there exists a danger to the public's health, welfare, and safety and to the property, rivers and environment of the United States, and that in order to determine whether the Clean Water Act and the rules, regulations, and orders issued pursuant to the Act have been or are being violated, an entry on, and inspection and monitoring of the said described property is required and necessary; and, the Court being satisfied that there has been a sufficient showing that reasonable legislative or administrative standards for conducting an inspection and investigation have been satisfied with respect to the said described property and that probable cause exist to issue a warrant for the entry, inspection, investigation and monitoring of the said described premises:

IT IS HEREBY ORDERED AND COMMANDED that the United States of America, United States Environmental Protection Agency, through its duly designated representative or representatives, the United States Marshal, or any other federal officer are hereby entitled to and shall be authorized and permitted to have entry upon the following described property which is located in the Middle District of Oregon.

Those premises known as the Stomp Corporation, or which are owned
or operated by any other person or company/corporation or partnership,
which premises and property are more particularly and further described
as follows:

From the intersection of State Highway 75 and Highway 3068, proceed
South for approximately 7 miles; turn right and travel across the
Pilgrim's Progress Bridge, a distance of approximately 0.2 miles; turn
right, proceed northwest on Route 2, the Lower Valley Road, for
approximately 1.6 miles at which point the pavement ends; at this point
turn right, travel approximately 0.1 miles to the entrace of Stomp
Corporation, all as is shown on the attached photos identified as
Government Exhibits 1 and 2.

IT IS FURTHER ORDERED that the entry, inspection, investigation and monitoring authorized herein shall be conducted during regular working hours or at other reasonable times, within reasonable limits and in a reasonable manner from 6:00 a.m. to 10:00 p.m.

IT IS FURTHER ORDERED that the warrant issued herein shall be for the purpose of conducting an entry, inspection, investigation, and monitoring pursuant to 33 U.S.C. 1318 consisting of the following:

Entry to, upon; or through the above described premises, including all buildings, structures, equipment, machines, devices, materials, and sites to inspect, sample, photograph, monitor, or investigate the said premises

Access to, seizure of, and copying of all records pertaining to or related to the operation of the
facility, equipment, and waste materials which are accepted and stored on the premises under
33 U.S.C. 1318(a)(A), including any rules and regulations and orders promulgated thereto

Inspection, including photographing, of any monitoring equipment or methods required by 33
U.S.C. 1318(a)(A)

Inspection, including photographing, of any equipment, processes or methods used in sampling, monitoring, or characterizing waste

Inspection, including photographing, of any equipment or methods used to dispose of or store waste substances

• Sample and seize any pollutants, effluents, runoff, soil, or other materials or substances which may reasonably be expected to pollute the waters of the United States under various conditions or threaten the public health, safety, or welfare of the people of the United States

Seize, inspect, sample, and photograph any evidence which constitutes or relates to or is part of a violation

Take such photographs of the above authorized procedures as may be required or necessary.

IT IS FURTHER ORDERED that a copy of this warrant shall be left at the premises at the time of the inspection.

IT IS FURTHER ORDERED that if any property is seized, the officer conducting the search and seizure shall leave a receipt for the property taken and prepare a written inventory of the property seized and return this warrant with the written inventory before me within 10 days from the date of this

warrant.

IT IS FURTHER ORDERED that the warrant authorized herein shall be valid for a period of 10 days from the data of this warrant.

IT IS FURTHER ORDERED that the United States Marshal is hereby authorized and directed to assist the representatives of the United States Environmental Protection Agency in such manner as may be reasonably necessary and required to execute this warrant and the provisions contained herein, including but not limited to, gaining entry upon the premises; the inspection and monitoring thereof; the seizure and sampling of materials, documents, or equipment; and the photographing of the premises, and the materials or equipment thereon.

APPENDIX F

REVIEW QUESTIONS AND ANSWERS ON LEGAL ISSUES