PUBLIC FORUM: BAY HARBOR GOLF COURSE AND EAST PARK

OVERSIGHT AUTHORITY

1. Who is responsible for monitoring the cleanup and testing conducted by CMS? What methods are used and how frequently does the monitoring occur?

Response from EPA: U. S. EPA has responsibility for overseeing all interim response actions, including testing. Methods and frequency vary according to set times, such as schedules, or other variables which are uncontrollable, such as weather, for example.

2. Which firms are conducting the environmental cleanup at the sites and what is their relationship to CMS?
Response from CMS: Barr Engineering is the main contractor working for CMS on the project. Barr has extensive experience in such remediation projects.

3. What is the role of the Tribe with respect to long-term cleanup of the site?

4. What role does the state of Michigan now play, considering a Covenant Not to Sue was originally signed?
Response from DEQ: The state plays a supportive role to both the U.S. EPA and CMS providing its knowledge and expertise gained from investigating and managing other CKD sites in the state. The Covenant Not to Sue has not limited the state in any way with respect to actively participating in the investigation and cleanup effort.

5. What authority does the state have by law to enforce proper cleanup of the site and how does it differ from the authority that the state had in 1989?
Response from DEQ: The state currently has no authority to enforce cleanup at the site. By operation of state law, the CKD piles are considered an orphaned site since the liable party no longer exists. That is not different from what the situation was in 1989.

6. Are the monthly status meetings open to public?
Response from EPA: The monthly status meetings are not open to the public. The monthly status meetings are attended by a wide cross section of government agencies at the federal, state, and local level as well as by the tribe. The various government and tribal bodies are responsible for disseminating information gained from these meetings to their constituents. EPA and MDEQ have provided regular updates on project status to Tip of the Mitt, and will continue to host and participate in community involvement activities.

7. All the speakers are nice to each other. Does any speaker disagree with what the other speaker said?

Response from EPA: Chairman Ettawegeshik's basis response is that it is more productive to channel all our energy into solving the problem rather than finding problems with each other.

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