Emails Volume II

Dr.
George Partridge
Energy & Environmental Cabinet
Emails Volume 11
GP1072
Partridge, George (EEC)
'_.om:
Sent:
To:
Cc:
Subject:
Anderson, Danny J (EEC)

Thursday, February 18, 2016 1:15 PM
Briggs, Lindsey (EEC)
RE: RE: TENORM and Processed TENORM
See comments below in red
From: Partridge, George (EEC)

Sent: Thursday, February 18, 2016
To: Anderson, banny J (EEC)
12:15 PM
Cc: Briggs, Lindsey (EEC)

RE: TENORM and Processed'TENORM
Subject:
Danny:
Blue Ridge Landfill [NOV Items]
Violation for disposing of unpermitted waste in landfill
Violation for refusal to provided requested ma~ifests in a timely manner.

Violation for not reporting the out of state TENO RN/Processed TENO RM waste on Quarterly Waste Received
Reports when 47 shipments alone was received from one company between the dates Of July 24, 2015 and
November 16, 2015 and two other additional companies have been identified as well as having waste received
out of state TENORM waste by the landfill facility.
Blue Ridge Landfill [Action Items]
Immediately cease any waste placement or disturbance of temporary cover in the vicinity of the cell (providing
adequate buffer distance) where the waste was placed from Fairmont Brine Processing from the time period of
July 24, 2015 to November 16, 2015.
Require Advanced Disposal to contract with a company to conduct a thorough site assessment to determine the
level and extent of the contamination anhe site and construct/assess past and future worker/community
(school) exposure scenarios evaluating both radioactive and chemical constituents present in the processed
TENORM waste. The contract shall be with a NEFAP certified contractor (National Environmental Activities
Program for the establishment and implementation of an accreditation program for field sampling and
measurement organization) an/or "Radioactive Waste Broker and Decontamination" contractor
approved/recommended by the Radioactive Materials Section associated with the CFHS-DPH.
Required Advanced Disposal to have all employees that worked on the site during the period the waste was
received, .scheduled for medical monitoring to establish a health level baseline since the exposures they
experience from the waste received have placed them at an elevated risk for lung and other cancers in the
future years.
Require Advanced Disposal to provide on-going annual medical monitoring throughout the lifetime of the
employees where exposure has been confirmed based on the required site assessment listed above. Also
1
GP1073
-_,,
include all identified receptors including students and employees at the school adjacent to and across the street
from the entrance to the landfill.
Development of a remedial plan for the waste site, addressing either removal or containment in place of the
waste along with appropriate site monitoring and deed restrictions regulating the future use of the site and any
potential disturbances to the waste. {This will potentially affect the exposure plan for the landfill!)
Landfills Statewide
____________11 ___1:Dndill:LanJntemalre~iew_~SoJid W_a_steJkan_c___h) _gf the _''Qua rterlyWaste Qua ntityRe ports" fonllllaodfi ll~ln __
Kentucky for 2015 through first quarter of 2016.
From review of "Quarterly Waste Quantity Reports" identify all landfills that have received out of state waste
from counties or areas that are known as regions having high levels of O & G /Fracking Activities.
Request all manifests [2015-lst Quarter of 2016] from the landfills identified in Item 2 above that have
potentially received TENORM and processed or concentrated TENORM.
If additional landfills are identified beyond those we are presently aware of as receiving TENO RM or processed
TENORM, the next step is to request all the manifest from all landfills in the state for 2015-lst Quarter of 2016].
For all landfills that been identified as receiving TENORM/Processed TENO RM, require a contractor to conduct a
screening site assessment to confirm that the landfill is presently safe for operator and no one is exposed to an
unacceptable level of radiation.
Based on the results above, develop a plan similar to Blue Ridge as needed.
Long-Term Regulatory Goals
Expand our present regulations for Solid Waste to address radioactive constitutes both in terms of waste
received and monitoring requirements.
Develop special waste regulations for traditional TENORM [detectors, specifically designed mono-cells, PPE for
operators, maximum allowable quantities received during ltfe of landfill] (aren't these regulations in place
A
already under 902 KAR 100. If the waste meets the criteria as low level radioactive waste, then licensing of the W
disposal is controlled by CHFS and as such, all the measures you stated in brackets []above fall under their
review/approval. Our current contained LF's shouldn't be accepting this stuff unless in quantities/concentrations
that are exempt from 902 KAR 100, thus, is not a low level radioactive waste.
Required high-level processed radioactive TENO RM waste to be sent to a regulated facility licensed to receive
radioactive waste. (isn't this already a requirement in KY statutes/regs)
I hope you will find this helpful.

Please let me know if there are additional points I need to address for you or how you would like for me to edit or
prepare this materials for you in a format that best serves your need.
Thanks for the opportunity to present this to you and for all you are doing to address the concerns of our Branch
George
GP1074
{ieorge P. Partridjje Jr.

Department for Environmental Protection
Y Division of Waste Management
O Fair Oaks Lane; 2nd Floor (SWB)
Frankfort, KY 40601
(502) 564-6716 ext. 4651
..
3
GP1075
.rom:
Sent:
To:
Subject:

Higginbotham, Jeri (EEC)
RE: Vice President of Advanced TENORM Services
Jeri;
I have worked through lunch to help prepare Danny for his 1:30 meeting with Tony Hatton.
Keith and I were going to eat a late lunch now and I will be available when we return.
I am looking forward to us calling our EPA RCRA contact but didn't mention it since you just got back to work and
wanted to wait until you were ready, caught up, or feeling your best.
I will check with you when I return from lunch.
Thank you,
George
From: Higginbotham, Jeri (EEC)

. e n t : Thursday, February 18, 2016 1:21 PM
To: Partridge, George (EEC)
Subject: Vice President of Advanced TENORM Services
George,
9Have you called the EPA RCRA contact yet? If not, we can do it this afternoon. Let me know. I'll come to you.
Jeri

Sent: Friday, February 12, 2016 5:55 PM
To: Higginbotham, Jeri (EEC)
Subject: FW: Vice President of Advanced TENORM Services
Jeri;
. o k forward to calling EPA next week!
George
1
GP1076
From: Pendergrass, Curt (CHFS DPH)

Subject: RE: Vice President of Advanced TENORM Services
I definitely agree George. I think you hit the nail right on the head when you first mentioned that at our meeting. I
personally believe that is a call for the EEC hazardous waste and the US EPA. I thought your colleague was going to
~--- chec~into that for_ us wjth h~rJ:F'A_C::Q_IJlac::1s_,JQ_h_o_Ric_harg~is_tbg only_perso_n_fil_fPA tl:!atLbave ev~r-JieQ!twith _____________ _
regarding rad and she indicated that John only handles risk analysis for EPA.
Curt Pendergrass PhD
Supervisor, Radioactive Materials Section
Kentucky Radiation Health Branch
275 East Main Street
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
E-mail: curt.pendergrass@ky.gov
Website: http://www.chfs.ky.gov/dph/radioactive.htm
Pay your fees on line at https://prd.chfs.ky.gov/rad epay/
Be notified of proposed regulation changes https:lfsecure.kentucky.gov/Regwatch/
Dispose of un~anted sources http://www.crcpd.org/StateServices/SCATR.aspx

To: Pendergrass, Curt (CHFS DPH)
Curt;
If we can show that an industry that takes the waste produced from the 0 & G industry, etc. and processes it to
produce a product or waste that is substantially different from the source material and is no longer classified as a
"special waste", that would open the door for us to address our concerns from a multitude of regulatory
perspectives.
I am continuing to pursue things from my Section and Division.
Thank again for aii you are doing!
George
GP1077

Cc: Keffer, Christopher (CHFS Rad Hlth); McKinley, Matthew W (CHS-PH)
Hello George,
I could not agree more with everything you say about Dr. Ling, Mr. Hoskins and their activities. This most definitely
should not go unpunished. One comment I would make though regarding EEC's authority. My reading of the statute
KRS 224.46-530 would indicate that if we can prove the processed waste being disposed of by ATS generated by
Fairmont Brine and Shalewater Solutions and others no longer meets the EPA definition of "special wastes" but is
rather hazardous wastes after processing, I think EEC has all the authority it needs to pursue actions.
(k) To regulate hazardous waste that is radioactive except to the extent that
such waste is source, special nuclear or by-product material as defined by
the Atomic Energy Act of 1954, as amended, (68 Stat. 923);
But having said that, I am confident that our cabinet will pursue this matter to the fullest extent of the law.
75 East Main Street
Ma if stop HSlC-A.
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
aPay your fees on line at https:ljprd.chfs.ky.gov/rad epay/
WBe notified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
Dispose of unwanted sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
Kt!!!~
t'Atl'.lAiloN.HiitttH
Sent: Thursday, February 11, 2016 2:20 PM

-rt;
GP1078
Dr. Ling has used his reputation and skills to ~upport the activities of Advanced TENO RM Services. It appears that
Cory Hoskins has two businesses incorporated out of his home, BES LLC and Advanced TENORM Services. He appears
to be using Advanced TENO RM Services to attract business from out of state for companies that are searching for an
attractive cost solution to their TE NORM disposal needs. He is using the BES LLC company name and signing off as
the generator of the wastes on the correspondence with the landfills where he ships that waste. That does two
things for him: 1) TENO RM is not mentioned in the correspondence or the name of the company that the landfill or
waste management company sees and 2) being the generator the landfill has the impression that they are receiving
waste that was generated in-state and not regulated, so they feel comfortable accepting it.
~-~-
. l have neve LSee n suchmisrepresentalion.in.theenvirnn ment.alfLeldin_my.c.areechy.Lndiv.idu.als.!hatknow~~~~~,----

regu lations so well (Cory Hoskins) and an individual such as Dr. Ling who is so knowledgeable from a technical
perspective and aware of the regulations at a national level. He would also know the seriousness of disposing of the
waste at a landfill where the workers are not using PPE or are trained on this type of waste.
Dr. Ling also should know the safety precautions one would should take when handling or sampling this type of
waste.
I hope that legal action will be taken against Cory Hoskins and his companies. We not only need to stop him, but also
handle this in a way that lets others know the consequences of ignoring the regulations when knowingly they are
violated. Most of all his actions are jeopardizing the future well-being of those that are exposed to this waste,
particularly from an inhalation pathway.
My understanding from our Division of Waste Management is that we have no regulatory authority for this type of
waste and all enforcement would need to come from your Cabinet. At the same time today I learned we do plan to
take action to let our waste management facilities around the state know about this waste that is being shipped and
disposed of at their facilities.
I want to do all I can to support the work that you and your Section is doing to safely manage and regulate TENORM.
Thanks again for including me in the meeting and for all that Chris has done to help educated us about TENO RM and
radiation safety as well as the site visits he has conducted.
Geroge
(jeorge P. PartridiJe Jr.

KY Division of Waste Management
200 Fair Oaks Lane; 2nd Floor (SWB)
Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1079
Sent: Tuesday, February 09, 2016 8:13 AM

To: Partridge, George (EEC); Keffer, Christopher (CHFS Rad Hlth); Maze, Rodney (EEC); Hall, Karen (EEC)
Cc: Briggs, Lindsey (EEC); McKinley, Matthew W (CHS-PH)
Thanks George for sharing the correspondence with Dr. Ling with us. It will be interesting to hear what Dr. Ling has to
say about the Central Midwest Compact and its ban on the disposal of out-of-compact TENORM wastes in KY. But
now that we know he is directly involved, that will give us someone else to go after should we pursue fines and
penalties. At some point we probably need to get EEC's and CHFS's lawyers involved in this matter for a legal opinion
on our ability to impose fines under the compact. The language in the statute appears pretty tight to me but an
attorney's opinion would be nice to have.
Regards,
Curt
211.863 Control of commerce of low-level radioactive waste in and out of Kentucky

-- Prohibitions -- Exemption. http://www.Irc.ky.gov/statutes/statute.as.px?id=8502
(3) Naturally-occurring radioactive material (NORM) as defi~edinKRS21.l.~62(8)
shall be t~.e exclllsiye regulatoryresl'ol1sibility .of the states, ~~c;.~pt1falt~~~p~efs,Q)!
-f~ttt!f:'~' ': r;[~tlllilti~it~f~filf~mcky,

211.869 Penalties. http://www.lrc.ky.gov/statutes/statute.aspx?id=8505
(1) Any person who fails to comply with any provision of KRS 211.859 or 211.863, or
with any administrative regulations promulgated pursuant to KRS 211.859 or
211.865, or fails to comply with any order of the cabinet issued pursuant to KRS
9211.859 or KRS 211.863 and 211.865 shall be assessed a civil penalty not less than
ten thousand dollars ($10,000) nor more than one hundred thousand dollars
($100,000). Each day of the violation or noncompliance shall constitute a separate
offense.
211.862 Definitions for KRS 211.861to211.869. http://www.Irc.ky.gov/statutes/statute.aspx?id=8501

(8) "Naturally-occurring radioactive material" (NORM) means naturally occurring
materials not regulated under the Atomic Energy Act of 1954, as amended, whose
radionuclide concentrations have been increased by or as a result of human
practices. Naturally occurring radioactive material does not includethe 11atural
radioactivity of rocks or soils, or background radiation, but instead re(ers'i9;
rnatefi:Ms'whBse:r'affioabtvif.';is"'techno1cric'aU ,.. erilianced b ''controIJable"raetices
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5
GP1080

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
__ Ile notified JlJ_prQposed_reg_ulatLonchange_5-httos :LLsecur_e.ken:tu_dw~g_mu'_Beg_watchL .
Dispose of ur~anted sources http://www.crcpd.org/StateServices/SCATR.aspx
____
Vanfl(~'
I~~~~~
f4J\;ltJ1AtfON..1-1Et\.L''H
Sent: Monday, February 08, 2016 5:52 PM

To: Pendergrass, Curt (CHFS DPH); Keffer, Christopher (CHFS Rad Hlth); Maze, Rodney (EEC); Hall, Karen (EEC)
Cc: Briggs, Lindsey (EEC)
Please find correspondence from Dr. Ying that I located and contacted this afternoon by email.
From: Dr. Leong Ying [mailto:leong.ying@klytec.com]

Cc: Cory Hoskins ; Robert Brenna ; Richard Yuen
Subject: RE: New Comment from KLYSTAR.com
Hi George,
Thank you for connecting with me .... the profile you described do indeed match me perfectly ....
.... I am currently on vacation, back Thursday. Cory Hoskins is KLYTEC business partner on TENORM issues as it relates
to hydraulic fracturing produced wastes, and he or my other KLYTEC colleagues can assist you as needed during my
absence.
Leong
Dr. Leong Ying

KL YTEC - President
leong.ying@klvtec.com
Mobile: 212 203 5842
GP1081
From: george.partridge@ky.gov [mailto:george.partridge@ky.gov]

To: klystar@hotmail.com
Subject: New Comment from KLYSTAR.com
Hi Leon,
First
George
name:
Last
Partridge
name:
Address:
City:
State:
Zipcode:
Country:
Tel:
502-564-6716 Ext 4651
Email:
george.oartridge@ky.gov
Are you the Leong Ying that holds a PhD in Nuclear Physics from the University of Liverpool in England and has
had experience working with TENORM or related analytical work. Do you know a Cory Hoskins. If so please
omment:
contact me as soon as possible! Dr. George Partridge, Kentucky Department for Environmental Protection,
Division of Waste Management.
Kind Regards
George Partridge
------.----------------------------.-- - - - - -
No virus found in this message.

Checked by AVG - www.avg.com
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..
7
GP1082
e:rom:
Sent:
To:
Cc:
Subject:

McKeePerez, Nancy
RE: RCRA question
That's great. We will call at 11:00.

Thanks again.
From: McKeePerez, Nancy [mailto:McKeePerez.Nancy@epa.gov]

Subject: RE: RCRA question
I'm on a teleconference now and I have a meeting afterward.
Tomorrow I'm completely open until noon. Feel free to call me any time tomorrow morning.
Nancy McKee Perez

Lite Scientist
Hazardous Waste, UST, PCB & OPA Programs
Enforcement & Compliance Branch
~source Conservation & Restoration Division
~.S. EPA Region 4, Atlanta, Georgia
mckeeperez.nancy@epa.gov
(404) 562-8674
From: Higginbotham, Jeri (EEC) [mailto:Jeri.Higginbotham@ky.gov]

To: McKeePerez, Nancy <McKeePerez.Nancy@epa.gov>
.bject: RCRA question
Hi Nancy,
I just tried calling you and got your answering service. Donna Seadler gave me your name. I have a question
about a company that is taking brine from oil and gas processors and precipitating out the solids. I believe oil
and gas processors are exempt from RCRA, but I'm wondering whether the sludges from the other company are
exempt.
When would be a good time to call you tomorrow?
Thanks for your help,
Jeri
Jeri W. Higginbotham, Ph.D.
Division of Waste Management
Fair Oaks Lane
. .nkfort, KY 4060 I
502-564-6716
1
GP1083

ilstop HS1C-A
nkfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Pay your fees on line at https:Uprd.chfs.ky.gov/rad epay/
Be notified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
Dispose of unwanted sources http://www.crcpd.org/StateServices/SCATR.aspx
Unn(U~
~f;.,.f'<ll>i.iil"".."'y
f~f.l!ATlON"'1aP.t.;tH

Cc: Pendergrass, Curt (CHFS DPH)
Subject: RCRA
These are my notes from our 11 :00 telephone conversation with Nancy McKee Perez of the USEP A concerning
the applicability of RCRA to waste generated by Fairmont Brine Processing.
The waste, as it was being transported to Fairmont Brine, was probably exempt. After it was processed, though,
the sludge might be characteristic, possibly for RCRA metals. They are arsenic, barium, cadmium, chromium,
d, mercury, selenium and silver. It is also possible that it could have been characteristic for certain listed
vents. Fairmont Brine or Advanced TENORM Services should have characterized the waste for proper
disposal.
Nancy asked about the water that was generated. From Fairmont Brine's website, it appears it is put to
beneficial reuse, although not necessarily in the oil and gas industry.
George sent Nancy the data we have from Waste Management. We will be talking again Tuesday.
From my perusal of Waste Management's data, it does not appear that any of the RCRA metals are in
concentrations that would make them characteristically toxic. Furthermore, I doubt that any of the listed
solvents would be used in the industry. But did Fairmont Brine or Advanced TENORM Services ever do the
testing required to know that? And how representative is the Waste Management dataset?
ZOO Fair Oaks Lane
Frankfort, KY 40601
502-564-6716
GP1084
elm:
Subject:

Maze, Rodney (EEC)
RE: Big Run
Tracking:
Recipient
Read
Maze, Rodney (EEC)
Read: 2/18/2016 3:15 PM
Sent:
To:
Rodney;
I previously have been the engineer Lindsey assigned to oversee Big Run (John Poore handled all regulatory and
permitting issues, I just was sent out on inspections). In our staff meeting this morning with Lindsey, he shared he has
assigned Mohammad Razavi to be the engineer responsible for Big Run. Earlier this year when he asked what sites we
wanted to be responsible for, I told him the only site I specifically wanted to follow was Big Run and was glad to help out
elsewhere as needed. I am disappointed he had made the change. I mentioned that you and I had been involved
working together on issues at Big Run. Lindsey mentioned he had no objection if I followed up on anything I had started
with you, but to include Mohammad as the contact and person in charge.
I appreciate all we are doing and want to continue to support that work as much as possible.
George
~orgeP.Partrfd8eJ~
Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1085
:cation:
RCRA Conference Call

Cont. Rm 202A
Start:
End:
Show Time As:
Fri 2/19/2016 11:00 AM

Fri 2/19/2016 12:00 PM
Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded
Organizer:
Required Attendees:
Resources:

EEC DEP Conf Rm 202A (Fair Oaks)
-bject:
GP1086
e (EEC)
RE: RCRA question
Subject:
Jeri;
Thank you!
George

To: McKeePerez, Nancy
Cc: Partridge, George (EEC)
Thanks again.
....ant: Thursday, February 18, 2016 3:02 PM

~ Higginbotham, Jeri
(EEC)

Nancy McKee Perez

Life Scientist
Resource Conservation & Restoration Division
U.S. EPA Region 4, Atlanta, Georgia
(404) 562-8674
Subject: RCRA question
Hi Nancy,
tried calling you and got your answering service. Donna Seadler gave me your name. I have a question
~ut a company that is taking brine from oil and gas processors and precipitating out the solids. I believe oil
exempt.
~st
GP1087

Jeri
ZOO Fair Oaks Lane
Frankfort, KY 40601
502-564-6716
GP1088
Subject:
Partridge, George {EEC)

Higginbotham, Jeri {EEC)
RE: RCRA question
Jeri;
Thank you!
George
Thanks again.
nt: Thursday, February 18, 2016 3:02 PM
bject: RE: RCRA question
Nancy McKee Perez

Lite Scientist
(404) 562-8674
Subject: RCRA question
Hi Nancy,
.....41iist tried calling you and got your answering service. Donna Seadler gave me your name. I have a question
~ut a company that is taking brine from oil and gas processors and precipitating out the solids. I believe oil
exempt.
1
GP1089

Jeri
ZOO Fair Oaks Lane
Frankfort, KY 40601
502-564-6716
GP1090
elm:
Sent:
To:
Subject:
Attachments:
Pendergrass, Curt (CHFS DPH)

RE: RE: Letters
TENORM Notice to Solid & Special Facilities 021616.docx
George, Attached is the letter that your attorneys shared with our attorneys which they then shared with my Division
Director, Commissioner and I believe the Cabinet Secretary. It was my understanding that the letter was going to be
mailed on 2/16/16. I personally have no problem with the letter being sent. I just want us to be able to follow-up with
the same landfill operators with our own letter giving them more specifics on the Central Midwest Compact KRS's
addressing the prohibition of out-of-region TE NORM disposal. If you all can share your mailing list with us so we can
accomplish that task, it would be very much appreciated. I believe the fact that our attorneys and your attorneys are
now discussing this matter is a good thing. At the end of the day I would like to see the whole case turned over to the
AG's office.
Regards,
~ilstop HS1C-A
~nkfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky.gov Id ph/rad ioactive. htm
Pay your fees on line at https:ljprd.chfs.ky.gov/rad epay/
u. ...,..tu~
l'tH.~.....
:u
f'.J\OlAT1a1~.H!!A\t.TH
Sent: Thursday, February 18, 2016 11:04 AM

Subject: RE: Letters
Curt;
It was confirmed to me this morning no letter has been sent or released. All I saw was draft that was later held by
management for further review.
need for any concerns at this point.
I was just seeking to understand better the correspondence and relationships the two cabinets we are associated with
have as we move forward to address the regulatory issues surrounding TE NORM and waste management at our landfills.
1
GP1091
I will continue to keep you informed as I learn things.

Thank you,
George
<jeorge P. Partrid{Je Jr.

_____200 Fair Oaks_J,._g_!l~ __2rn:l_Elq_Qr_(~W~L--- __
Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1092
. Partridge, George (EEC)
t/!om:
Sent:
To:
Subject:
Weems, George (EEC)

Friday, February 19, 2016 7:36 AM
RE: RE: List of Companies
It was interesting and a change from TENORM.
Sent: Wednesday, February 17, 2016 3:43 PM

To: Weems, George (EEC)
Subject: RE: RE: List of Companies

George;
Have a nice day tomorrow!
George
From: Weems, George (EEC)

.bject: RE: RE: List of Companies

I m planning on being in the field tomorrow to take advantage of the NOV lull but keep me in the loop.

To: Maybriar, Jon (EEC); Thomas, Richard F (EEC)
Cc: dan.fleshour@advanceddisposal.com; Weems, George (EEC); Briggs, Lindsey (EEC); Anderson, Danny J (EEC)
Subject: RE: List of Companies

Jon and Richard;
I am working to compiled my records from several sources that identify companies potentially involved in shipment of
TENO RM from out of state.
I plan to have that list ready to distribute tomorrow, February 18th unless other work assignments take precedence.
I appreciated the opportunity to meet with everyone this morning.
Thank you,
George
,,,.,.jjjpree P. Partriifee Jr., Pli'D, P.'E., Q'EP

~artment
for Environmental Protection

Frankfort, KY 40601
1
GP1093
(502) 564-6716 ext. 4651
...
----------~-~
GP1094

m:
Sent:
To:
Cc:
Subject:
Attachments:
Partridge, George (EEC) .

RE: Letter
TENORM Notice to Solid & Special Facilities 021616.docx
Curt;
I was not included in the group of individuals that prepared this letter and from my understanding as of yesterday, a
letter was never sent or shared with your Branch. Last Friday in a meeting a letter was passed around and shared with
Tony, but I was not given a copy. Danny my Branch Manager shared a unsigned draft of the letter with me.
We had a Staff Meeting yesterday led by my supervisor, Lindsey Briggs. Participants included all of our Section
employees along with Danny Anderson, our Branch Manager.
At the close of the meeting I took a few minutes to bring everyone up to date on what I knew about the disposal of
TENORN and processed TENORM (such as Fairmont Brine Processing).
Following the meeting Danny Anderson expressed an interest in meeting with your Branch.
I have copied him on this correspondence and encourage you two to directly correspond.
~nk
you for giving me a copy of the letter for my files and sharing this importance correspondence with me.
George

Subject: RE: RE: Letters
the same landfill operators with our own letter giving them more specifics ori t.he Central Midwest Compact KRS's
addressing the prohibition of out-of-region TENO RM disposal. If you all can share your mailing list with us so we can
AG's office.
Regards,

. ervisor, Radioactive Materials Section
tucky Radiation Health Branch
Mailstop HS1C-A
1
GP1095
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax: 502-564-1492
Be notified of proposed regulation changes https:Usecure.kentucky.gov/Regwatch/
Dispose of un!"anted sources http://www.crcpd.org/StateServices/SCATR.aspx
GP1096
9'Jm:

Partridge, George (EEC); Pendergrass, Curt (CHFS DPH)
RE: Letter
Sent:
To:
Subject:
Curt:
Would you be able to meet with me and George later today or early next week? The purpose being to go over the notice
in draft form now as well as see where we can collaborate on this issue of TENORM/LLRW disposal in KY.
Regards,
Danny Anderson, P.E.

Solid Waste Branch Manager
200 Fair Oaks Lane, 2nd Floor
Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492
.,,,,
___ __,_,,_,__ ,,,,_,,,,,.,,..

Sent: Friday, February 19, 2016 8:10 AM
Cc: Anderson, Danny J (EEC)
Subject: RE: Letter
,,_,
,,,,,,,
,,,,,,,,,,,,,,,,,,,,,,,,,,
,,,,
..
~,,_,,,,,~,,,,,_,,,,,,,,,,,,,,,,,,,,,,,,,,,
''""""""""""""'"""""""""
"""'"""""""'"""'"""~""""""'"'"'""""
"""""""'"-"""""'"-'"""-"''""""-""
Curt;
e"'nk
you for giving me a copy of the letter for my files and sharing this importance correspondence with me.
George
1
GP1097

addressing the prohibition gf out-~f:-_r:egio!'l_l~l'J_Q~R_IYl~~[spo~~~lf_y_~_l:'_~~n shar~yg~_r: mii_i!ll1_8_!~t with us so we can ~---
AG's office.
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183.
Fax:502-564-1492
Be notified of proposed regulation changes https:ljsecure.kentucky.gov/Regwatch/
GP1098
#m:
Sent:
To:
Subject:
Weems, George (EEC)

Manifest scans
Did we decide to get them mailed to us or emailed to us? I want to ask Dan Fleshour when we might get them .
GP1099
Cc:
Subject:

Anderson, Danny J (EEC); Partridge, George (EEC)
McKinley, Matthew W (CHS-PH); Fowler, Kathy L (CHFS PH)
RE: Letter
Hello Danny,
I would be delighted to meet with you and George but could we please do it sometime next week. My Branch Manager
is out of town this week and I know he would like to attend this meeting as would be my Division Director, Ms. Kathy
Fowler. Anytime on Monday, 2/22/16 works for me. I am including Matt and Kathy on this e-mail so they can check their
schedules and get back to us with a day and time that works for them as well. It sounds as though both our legal
departments are also involved in this matter which as I told George, is a good thing in my book. Personally I would love
to see a joint letter go out to all landfill operators from both our agencies that specifically calls out the applicable Central
Midwest Interstate Low-Level Waste Compact KY regulatory statutes and KY administrative regulations. I think this
would leave no doubt in any landfill operator's mind as to what was not acceptable here in KY when it comes to
TENO RM disposal. After talking to the gentleman in charge of Environmental Management at Advanced Disposal this
week, operator of the Blue Ridge Landfill in Irving where this WV Fairmont Brine wastes wound up, there is definitely a
huge knowledge gap on this issue in the landfill community here in KY. Advanced TENO RM Solutions may very well be
just be the tip of the iceberg.
KRS 211.862 Definitions for KRS 211.861 to 211.869. http://www.lrc.ky.gov/statutes/statute.aspx?id=8501

(8) "Naturally-occurring radioactive material" (NORM) means naturally occurring materials not regulated under the Atomic Energy Act of
1954, as amended, whose radionuclide concentrations have been increased by or as a result of human practices. Naturally occurring
radioactive material does not include the natural radioactivity of rocks or soils, or background radiation, but instead refers to materials
whose radioactivity is technologically enhanced by controllable practices (or by past human practices);
(10) "Region" means the geographical area of the state of Illinois and the Commonwealth of Kentucky;
902 KAR 100:010. Definitions for 902 KAR Chapter 100. http://www.lrc.state.ky.us/kar/902/100/010.htm
(301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.O.R.M., which has been separated to various
degrees from the original ore or other material, refining or implementing it.
KRS 211.863 Control of commerce of low-level radioactive waste in and out of Kentucky
-- Prohibitions -- Exemption. http://www.lrc.ky.gov/statutes/statute.aspx?id=8502
(3) Naturally-occurring radioactive material (NORM) as defined in KRS 211.862(8) shall be the exclusive regulatory responsibility of the
states, except that no person shall import naturally occurring radioactive material (NORM) from outside the region for disposal in
Kentucky, or dispose of such imported material in Kentucky, if the imports or disposal are inconsistent with polices of the commission.
KRS 211.869 Penalties. http://www.lrc.ky.gov/statutes/statute.aspx?id=8505
(1) Any person who fails to comply with any provision of KRS 211.859 or 211.863, or with any administrative regulations promulgated
pursuant to KRS 211.859 or 211.865, or fails to comply with any order of the cabinet issued pursuant to KRS 211.859 or KRS 211.863 and
211.865 shall be assessed a civil penalty not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars
($100,000). Each day of the violation or noncompliance shall constitute a separate offense.
Thanks to you and George for all your efforts and we likewise look forward to collaborating with your agency on
TENORM/LLRW disposal in KY.
~ Pendergrass PhD
1
GP1100
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Pay your fees on line at https://prd.chfs.ky.gov/rad. epay/
.
~~---------n----~~~~~------- --r~tJt::.r10N~M~l.t,tH
From: Anderson, Danny J (EEC)

To: Partridge, George (EEC); Pendergrass, Curt (CHFS DPH)
Subject: RE: Letter
Curt:
Regards,

Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492

Subject: RE: Letter
Curt;
2
GP1101
'-
---------------
fl'.ve copied him on this correspondence and encourage you two to directly correspond.
Thank you for giving me a copy of the letter for my files and sharing this importance correspondence with me.
George

George, Attached is the letter that ~'Our attorneys shared with our attorneys which they then shared with my Division
AG's office.
Regards,
.ervisor, Radioactive Materials Section
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564.. 1492
Pay your fees on line at https:ijprd.chfs.ky.gov/rad epay/
Dispose of unwanted sources http:ijwww.crcpd.org/StateServices/SCATR.aspx
VoMfU:i!iit~
IW,.~~--....Y
f'Jl.i:'.ilATICJNH~\J.'rH
GP1102

McKinley, Matthew W (CHS-PH)
FW: Letter
Cc:
Subject:
Thanks Matt. Danny/George, Matt does not get in town until Tuesday. I have meetings on Tuesday from 10-11 and 2-4
but the rest of my day is open for a meeting. Wednesday, 2/24/16 is wide open as well.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Pay your fees ori line at https://prd.chfs.ky.gov/rad epay/
Be notified ofproposed regulation changes https:Usecure.kentucky.gov/Regwatch/
c.
... -.ftt .
of~
sources http:Uwww.crcpd.org/StateServices/SCATR.aspx
'f1~trr1ti1~~H~r~
From: McKinley, Matthew W (CHS-PH)

Subject: Re: Letter
I will not be back until Tuesday.
Sent from my iPhone
On Feb 19, 2016, at 9:11 AM, Pendergrass, Curt (CHFS DPH) <Curt.Pendergrass@ky.gov> wrote:
Hello Danny,
I would be delighted to meet with you and George but could we please do it sometime next week. My
Branch Manager is out of town this week and I know he would like to attend this meeting as would be
my Division Director, Ms. Kathy Fowler. Anytime on Monday, 2/22/16 works for me. I am including Matt
and Kathy on this e-mail so they can check their schedules and get back to us with a day and timethat
works for them as well. It sounds as though both our legal departments are also involved in this matter
which as I told George, is a good thing in my book. Personally I would love to see a joint letter go out to
all landfill operators from both our agencies that specifically calls out the applicable Central Midwest
Interstate Low-Level Waste Compact KY regulatory statutes and KY administrative regulations. I think
this would leave no doubt in any landfill operator's mind as to what was not acceptable here in KY when
it comes to TENORM disposal. After talking to the gentleman in charge of Environmental Management
1
GP1103
at Advanced Disposal this week, operator of the Blue Ridge Landfill in Irving where this WV Fairmont
Brine wastes wound up, there is definitely a huge knowledge gap on this issue in the landfill community
here in KV. Advanced TENO RM Solutions may very well be just be the tip of the iceberg.
KRS 211.862 Definitions for KRS 211.861to211.869. http://www.lrc.ky.gov/statutes/statute.aspx?id=BSOl
(8) "Naturally-occurring radioactive material" (NORM) means naturally occurring materials not regulated under the
Atomic Energy Act of 1954, as amended, whose radionuclide concentrations have been increased by or as a result of
human practices. Naturally occurring radioactive material does not include the natural radioactivity of rocks or soils,
or background radiation, but instead refers to materials whose radioactivity is technologically enhanced by
controllable practices (or by past human practices);
(301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.O.R.M., which has been
separated to various degrees from the original ore or other material, refining or implementing it.
(3) Naturally-occurring radioactive material (NORM) as defined in KRS 211.862(8) shall be the exclusive regulatory
responsibility of the states, except that no person shall import naturally occurring radioactive material (NORM) from
outside the region for disposal in Kentucky, or dispose of such imported material in Kentucky, if the imports or
disposal are inconsistent with polices of the commission.
KRS 211.869 Penalties. http://www.lrc.kv.gov/statutes/statute.aspx?id=BSOS
(1) Any person who fails to comply with any provision of KRS 211.859 or 211.863, or with any administrative
regulations promulgated pursuant to KRS 211.859 or 211.865, or fails to comply with any order of the cabinet issued
pursuant to KRS 211.859 or KRS 211.863 and 211.865 shall be assessed a civil penalty not less than ten thousand
dollars ($10,000) nor more than one hundred thousand dollars ($100,000). Each day of the violation or
noncompliance shall constitute a separate offense.
Thanks to you and George for all your efforts and we likewise look forward to collaborating with your
agency on TENORM/LLRW disposal in KV.
Mailstop HSlC-A
Frankfort, KV 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
<image001.jpg>

Subject: RE: Letter
Curt:
GP1104
Would you be able to meet with me and George later today or early next week? The purpose being to go
over the notice in draft form now as well as see where we can collaborate on this issue of
TENORM/LLRW disposal in KV.
Regards,

Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492

Subject: RE: Letter
Cort;
I was not included in the group of individuals that prepared this letter and from my understanding as of
yesterday, a letter was never sent or shared with your Branch. Last Friday in a meeting a letter was
passed around and shared with Tony, but I was not given a copy. Danny my Branch Manager shared a
unsigned draft of the letter with me.
We had a Staff Meeting yesterday led by mY supervisor, Lindsey Briggs. Participants included all of our
Section employees along with Danny Anderson, our Branch Manager.
At the close of the meeting I took a few minutes to bring everyone up to date on what I knew about the
disposal of TE NORN and processed TENO RM (such as Fairmont Brine Processing).
Following the meeti~g Danny Anderson expressed an interest in meeting with your Branch.
Thank you for giving me a copy of the letter for my files and sharing this importance correspondence
with me.
George


George, Attached is the letter that your attorneys shared with our attorneys which they then shared
with my Division Director, Commissioner and I believe the Cabinet Secretary. It was my understanding
3
GP1105
that the letter was going to be mailed on 2/16/16. I personally have no problem with the letter being
sent. I just want us to be able to follow-up with the same landfill operators with our own letter giving
them more specifics on the Central Midwest Compact KRS's addressing the prohibition of out-of-region
TE NORM disposal. If you all can share your mailing list with us so we can accomplish that task, it would
be very much appreciated. I believe the fact that our attorneys and your attorneys are now discussing
this matter is a good thing. At the end of the day I would like to see the whole case turned over to the
AG' s office.
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
<imageOOl.jpg>
GP1106
elm:
Sent:
To:
Subject:

FW: Letter
George:
Can you meet around 130 or 2ish today with me and Curt?

To: Anderson, Danny J (EEC)
Subject: RE: Letter
Danny, If that is the case, I am here all day today and available any time on Monday as well. You and George can come
over any time you like or I could meet with you at your office, whichever you prefer.
Mailstop HS1C-A
~nkfort, KY 40621
~: 502-564-3700 ext. 4183
Fax: 502-564-1492
Rt:tA
.
~""'

Subject: RE: Letter
Curt:
I was hoping to keep this initial meeting small. Just me, you and George. After that, we can bring in the higher ups.
I
j

To: Anderson, Danny J (EEC); Partridge, George (EEC)
~ McKinley, Matthew W (CHS-PH); Fowler, Kathy L (CHFS PH)
ject: RE: Letter
Hello Danny,
GP1107
Fowler. Anytime on Monday, 2/22/16 works for me. I am including Matt and Kathy on this e-mail so they can check theiL_
-.
would leave no doubt in any landfill operator's mind as to what was not acceptable here in KY when it comes to
week, operator of the Blue Ridge Landfill inJDting where t_hisJ[\l'\/_f~lrmont Brln~1Nastes WQ!J_nd up_,__there i~efinit~Jy L ____ _
huge knowledge gap on this issue in the landfill community here in KY. Advanced TENO RM Solutions may very well be
(8) "Naturally-occurring radioactive material" (NORM) means naturally occurring materials not regulated under the Atomic Energy Act of
(3) Naturally-occurring radioactive material (NORM) as defined in KRS 211.862(8) shall be the exclusive regulatory responsibility of the . states, except that no person shall import naturally occurring radioactive material (NORM) from outside the region for disposal in
(1) Any person wno fails to comply with any provision of KRS 211.859 or 211.863, or with any administrative regulations promulgated
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Z'f1nh1
IV~J~l
2
GP1108
Att: Friday, February 19, 2016 8:32 AM
8""=
.
Subject: RE: Letter
Curt:
Regards,

Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492
aA: Pendergrass, Curt (CHFS DPH)

W'f!': Anderson, Danny J (EEC)
Subject: RE: Letter
Curt;
-l
orge
. --------------- ------------------------ _____________ __ _

.,
GP1109

1---- ..
~~~ ~Rf~.~r:!~~is_l!l~!t~r-~_a~~()~ !hiJ1g. j\.!_t~~-~ll_~--~!the da-y_l_~_()~I~ IIke_!()_see t~e "'_'~C>_~_~(l_~~-!~~r:!ed ()\,l~__r_t_o__!~~---
___ _
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky .govId ph/rad ioactive. htm
GP1110
flm:
Sent:
To:
Subject:
Weems, George (EEC)

Dan Fleshour; Partridge, George (EEC)
13 months of manifests (January 2015 through January 2016.
Hi Dan,
When can you get the manifests to us and how are you going to get them to us? Email or paper copy? If email, the total
for attachments per email is 8 meg. If paper, we'd like them to be hand delivered it to make sure they get here and we
would like them by Monday. Thank you, George
GP1111
elm:
Sent:
To:
Subject:

Friday, February 19, 2016 12:16 PM
Accepted: TENORM/NORM
GP1112
-------
-----

RE: Letter
To:
Subject:
Danny;
Yes!
Thank you,

Subject: FW: Letter
George:
Can you meet around 130 or 2ish today with me and Curt?
. .nt: .Friday, February 19, 2016 9:51 AM

~: Anderson, Danny
J (EEC)
Subject: RE: Letter

Danny, If that is the case, I am here all day today and available any time on Monday as well. You and George can come
over any time you like or I could meet with you at your office, whichever you prefer.
Curt. Pendergrass PhD
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax:502-564-1492
Dispose of u~anted sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
Rc!lt!IJ~....
..
ta\t1lA11~H~TB
~----~---~ .....................................
~m: Anderson, Danny J (EEC)

Subject: RE: Letter
1
GP1113
Curt:
I was hoping to keep this initial meeting small. Just me, you and George. After that, we can bring in the
hi~~-~.~-~~~.....
--'-

Cc: McKinley, Matthew W (CHS-PH); Fowler, Kathy L (CHFS PH)
Subject: RE: Letter

Hello Danny,
Fowler. Anytime on Monday, 2/22/16 works for me. I am including Matt and Kathy on this e-mail so they can check their
would leave no doubt in any landfill operator's mind as to what was not acceptable here in KY when it comes t.o
week, operator of the Blue Ridge Landfill in Irving where this WV Fairmont Brine wastes wound up, there is definitely a
huge knowledge gap on this issue in the landfill community here in KY. Advanced TE NORM Solutions may very well be
(8) "Naturally-occurring. radioactive material" (NORM) means naturally occurring materials not regulated u. nder the Atomic Energy Act o .
(3) Naturally-occurring radioactive material (NORM) as defined in KRS 211.862(8) shall be the exclusive regulatory responsibility of the
states, except that no person shall import naturally occurring radioactive material (NORM) from outside the region for disposal in
(1) Any person who fails to comply with any provision of KRS 211.859 or 211.863, or with any administrative regulations promulgated

2
GP1114
Mailstop HSlC-A
Frankfort, KY 40621
~: 502-564-3700 ext. 4183
~: 502-564-1492
YnuhitJe~
~,Ut!Jr;g
J'iJJ.tilJ.\1'10NGt))iULTH

Subject: RE: Letter

Curt:
Regards,
Danny Anderson, P.E
id Waste Branch Manager

Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492

Subject: RE: Letter

Curt;
letter was never sent or shared with your Branch. Last Friday in a meeting a letter was passed a.round and shared with
!
.91oyees along with Danny Anderson, our Branch Manager.

3
GP1115
I have copied him on this correspondence and en~ourage you two to directly correspond.
George
------ --From~Pendergr-ass,-Eu rt-EGHFS-9PH}--Sent: Thursday, February 18, 2016 5:52 PM
mailed on 2/16/16, I personally have no problem with the letter being sent. I just want us to be able to follow-up with
AG's office.
Regards,

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Pay your fees on line at https:/Jprd.chfs.ky.gov/rad epay/
Kf!.t
GP1116
elm:
Sent:
To:
Subject:

FW: 13 months of manifests (January 2015 through January 2016.
Jeri;
George Weems is still trying to get them to cooperate.
George P.

To: Dan Fleshour; Partridge, George (EEC)
Subject: 13 months of manifests (January 2015 through January 2016.
Hi Dan,
GP1117
elm:
Sent:
To:
Cc:
Subject:
Attachments:

'mckeeperez.nancy@epa.gov'
RE: RCRA Question & Fairmont Brine Disposal
Adv Disposal Profile Sheets & Approval Review Form.pdf; Fairmont Brine plan.pdf;
FairmontBrineRadchem.pdf; Advanced TENORM Services.pdf
Tracking:
Recipient
Delivery
'mckeeperez.nancy@epa.gov'
Delivered: 2/19/2016 1:09 PM
Hello Nancy;
Thank you for taking with us regarding the RCRA regulations and how they may apply to a waste that was received by a
landfill in Kentucky from Fairmont Brine Processing in WV.
Please find attached the following documents:
Waste Profile Sheet and Approval Review Form from Advanced Disposal for the waste shipments they
received from Fairmont Brine Processing. Also attached is the "Detailed Customer Activity Report" provided
by the landfill manager that confirms receipt of 47 shipments between July 24, 2015 and November 16,
2015. The Blue Ridge Landfill in Irvine, Kentucky that received this waste is managed by Advanced Disposal.
Correspondence to the "West Virginia Office of Environmental Health Services" from Fairmont Brine
Processing describing how they planned to dispose of the waste.
Analytical results obtained by Pace Analytical on behalf of Waste Management who was initially being
considered to contract for disposal of this waste.
Web Site pages for Advanced TENORM Services advertising their capabilities/expertise in the management of
TENORM related wastes. Also attached are their records of incorporation as an LLC here in Kentucky.
Thanks again for reviewing these documents and helping us understand how EPA regulates wastes from companies such
as Fairmont Brine Processing.
We look forward to talking with you again next week.
Thanks again for your assistance!
Sincerely,
George
9'_oree P. Partritfee Jr.

1
GP1118
Frankfort, KY 40601
(502) 564-6716 ext. 4651
..
GP1119
elm:
Sent:
To:
Cc:
Subject:

RCRA
These are my notes from our 11 :00 telephone conversation with Nancy McKee Perez of the USEPA concerning
lead, mercury, selenium and silver. It is also possible that it could have been characteristic for certain listed
solvents. Fairmont Brine or Advanced TENORM Services should have characterized the waste for proper
disposal.
centrations that would make them characteristically toxic. Furthermore, I doubt that any of the listed
vents would be used in the industry. But did Fairmont Brine or Advanced TENORM Services ever do the
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716
GP1120
Subject:
Dan Fleshour <dan.fleshour@advanceddisposal.com>

Weems, George (EEC); Partridge, George (EEC)
RE: 13 months of manifests (January 2015 through January 2016.
We will be hand delivering and will have before the end of the week
George P do you have the list of companies we should look for
Dan Fleshour I East Region Compliance Manager
IM: 513-284-3615 IE: dan.fleshour@advanceddisposal.com

Connect with us: Advanced Disposal.com Facebook Youtube
From: Weems, George (EEC) [mailto:George.Weems@ky.gov]

.bject: 13 months of manifests (January 2015 through January 2016.

Hi Dan,
When can you get the manifests to us and how are you going to get them to us? Email or paper copy? If emait the total
GP1121
Cc:
Subject:
Attachments:

Maybriar, Jon (EEC)
Fwd: Blue Ridge Waste info - meeting
imageOOl.png
Fyi
Thanks,
Danny
Begin forwarded message:
From: Dan Fleshour <dan.fleshour@advanceddisposal.com>
Date: February 19, 2016 at 3:41:14 PM EST
To: "Anderson, Danny J (EEC) (Danny.Anderson@ky.gov)" <Danny.Anderson@ky.gov>
Subject: Blue Ridge Waste info - meeting
We are working on pulling all the information together and would like to hand deliver and meet to
discuss the issue further
We plan to have by next Thursday, will everybody be available to meet then
Thanks
10 ---------

GP1122
e!7:'
To:
Subject:
Attachments:

Maze, Rodney (EEC)
FW: Blue Ridge Waste info - meeting
imageOOl.png
Rodney;
Just wanted to share this with you.
George
Cc: Maybriar, Jon (EEC)
Subject: Fwd: Blue Ridge Waste info - meeting
Fyi
Thanks,
Danny
. g i n forwarded message:
Thanks

Connect with us: Advanced Disposal.com Face book Youtube
GP1123
"'m:

Maze, Rodney (EEC)
FW: Blue Ridge Waste info - meeting
imageOOl.png
Sent:
To:
Subject:
Attachments:
Rodney;
Just wanted to share this with you.
George
Cc: Maybriar, Jon (EEC)
Subject: Fwd: Blue Ridge Waste info - meeting
Sent:
Fyi
Thanks,
Danny
. . .gin forwarded message:
Thanks
10-------I M: 513-284-3615
E: dan.fleshour@advanceddisposal.com
Connect with us: Advanced Disposal.com Face book Youtube
J
GP1124
tlom:
Sent:
To:
Subject:

Accepted:
GP1125
'm:
Sent:
To:
Subject:

'Dan Fleshour'
RE: 13 months of manifests (January 2015 through January 2016.
Dan;
Please forward your request to my supervisor Lindsey Briggs.
Thank you,
George Partridge
From: Dan Fleshour [mailto:dan.fleshour@advanceddisposal.com]

To: Weems, George (EEC); Partridge, George (EEC)
Subject: RE: 13 months of manifests (January 2015 through January 2016.
We will be hand delivering and will have before the end of the week
George P do you have the list of companies we should look for
IM: 513-284-3615 I E: dan.fleshour@advanceddisposal.com

From: Weems, George (EEC) [mailto:Georqe.Weems@ky.gov]

Subject: 13 months of manifests (January 2015 through January 2016.
Hi Dan,
GP1126
elm:

Maze, Rodney (EEC)
RE: Big Run
Sent:
To:
Subject:
Rodney;
Thank you!
George
From: Maze, Rodney (EEC)

Subject: Fwd: Big Run

FYI
Rodney Maze
. g i n forwarded message:
From: "Maybriar, Jon (EEC)" <Jon.Maybriar@ky.gov>

To: "Maze, Rodney (EEC)" <Rodney.Maze@ky.gov>
Sent from my iPhone

From: "Maybriar, Jon (EEC)" <Jon.Maybriar@ky.gov>

Date: February 19, 2016 at 2:20:16 PM CST
To: "Anderson, Danny J (EEC)" <Danny.Anderson@ky.gov>
Danny
This is a very challenging site so please speak with Lindsey to keep George as the lead
for BRL.
Sent from my iPhone
GP1127
From: "Maze, Rodney (EEC)" <Rodney.Maze@ky.gov>

Date: February 18, 2016 at 7:24:09 PM CST
To: "Maybriar, Jon (EEC)" <Jon.Maybriar@ky.gov>
FYI
Rodney Maze
From: "Partridge, George (EEC)"

<George.Partridge@ky.gov>
To: "Maze, Rodney (EEC)" <Rodney.Maze@ky.gov>
Subject: RE: Big Run
Rodney;
I previously have been the engineer Lindsey assigned to
oversee Big Run (John Poore handled all regulatory and
permitting issues, I just was sent out on inspections). In
our staff meeting this morning with Lindsey, he shared
he has assigned Mohammad Razavi to be the engineer
responsible for Big Run. Earlier this year when he asked
what sites we wanted to be responsible for, I told him
the. only site I specifically wanted to follow was Big Run
and was glad to help out elsewhere as needed. I am
disappointed he had made the change. I mentioned
that you and I had been involved working together on
issues at Big Run. Lindsey mentioned he had no
objection if I followed up on anything I had started with
you, but to include Mohammad as the contact and
person in charge.
I appreciate all we are doing and want to continue to

support that work as much as possible.
George
(ieorge P. Partrid{Je Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
------------~-------
GP1128
flom:
To:

Subject:
RE: RCRA
Sent:
Jeri:
I am scheduled to attend a meeting all day in Bowling Green on Tuesday. The meeting that was planned for Wednesday
with Curt Pendergrass and his group has been postponed to be rescheduled for a future date.
I am available the other days of the week for a conference call for EPA.
Please reschedule our call with Nancy.
Thank you,
George

"""""1.c: Pendergrass, Curt (CHFS DPH)

~bject: RCRA
disposal.
,,.i}Ai W. Higginbotham, Ph.D.
.
,
~vision of Waste
Management
200 Fair Oaks Lane
1
GP1129
-m:
To:
Sent:
Subject:
McKee Perez, Nancy < McKeePerez.Nancy@epa.gov>

Monday, February 22, 2016 7:22 AM
Read: RCRA Question & Fairmont Brine Disposal
Your message
To:
Subject: RCRA Question & Fairmont Brine Disposal
Sent: Monday, February 22, 2016 7:22:21 AM (UTC-05:00) Eastern Time (US & Canada)
was read on Monday, February 22, 2016 7:22:20 AM (UTC-05:00) Eastern Time (US & Canada).
GP1130
-m:
Sent:
To:
Cc:
Subject:
McKeePerez, Nancy <McKeePerez.Nancy@epa.gov>

George and Jeri,

I received your email and documents. I'll take a look at them and then we can meet tomorrow (Tuesday) at 11:00, as
discussed.
Nancy McKee Perez

(404) 562-8674
From: Partridge, George (EEC) [mailto:George.Partridge@ky.gov]
Jeri.Higginbotham@ky.gov
~bject: RE: RCRA Question & Fairmont Brine Disposal
ai..
Hello Nancy;
Waste Profile Sheet and Approval Review Form from Advanced Disposal for the waste shipments they received
from Fairmont Brine Processing. Also attached is the "Detailed Customer Activity Report" provided by the
landfill manager that confirms receipt of 47 shipments between July 24, 2015 and November 16, 2015. The
Blue Ridge Landfill in Irvine, Kentucky that received this waste is managed by Advanced Disposal.
Correspondence to the "West Virginia Office of Environmental Health Services" from Fairmont Brine Processing
describing how they planned to dispose of the waste.
1
GP1131

Sincerely,
George
~---YP.OrfJ2--P~c{gefr~--~~~~-
,__ _ __ __ __ - - ---

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1132

m:

'McKeePerez, Nancy'
Sent:
To:
Cc:
Subject:
Nancy;
When we planned on the conference call on Tuesday, I didn't realize I was scheduled for a meeting in Bowling Green on
Tuesday. Also the meeting we had scheduled with the Department of Public Health, Radiation Materials Section to
discuss the landfill contamination from the waste received from Fairmont Brine Processing has been postponed to a
later to date.
If it is convenient with you and Jeri, could we meet on another day this week (any day but Tuesday).
Thank you for reviewing the documents and helping us to learn how the waste streams from Fairmont Brine are
regulated in relationship to RCRA.
Thanks again for your assistance and guidance,
George
__ ...... --..... .. .....
... , ...,.,,,,,,,,,,,,,,,,,,. ~,,,,,,,,,,,,,_,,,,.,,,,,,,,,,,

.
m: McKeePerez, Nancy [mailto:McKeePerez.Nancy@epa.gov]
Sent: Monday, February 22, 2016 7:30 AM
Cc: Higginbotham, Jeri (EEC)
Subject: RE: RCRA Question & Fairmont Brine Disposal
,,,.,,.
, ,.,
,,.,,~,,-,,,,,_,~
George and Jeri,

discussed.
Nancy McKee Perez

(404) 562-8674

To: McKee Perez, Nancy <McKeePerez.Nancy@epa.gov>
~)eri.Higginbotham@ky.gov
99ject: RE: RCRA Question & Fairmont Brine Disposal

Hello Nancy;
1
GP1133
Sincerely,
George
<;ieorge P. Partricfee Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1134
f/Am:
Sent:
To:
Cc:
Subject:
McKeePerez, Nancy < McKeePerez.Nancy@epa.gov>

Jeri,
I don't mind moving our meeting to a later date. I'm pretty much booked up until Friday. How about meeting at 10:00 on
Friday?
Nancy McKee Perez

Life Scientist
(404) 562-8674
~ Jeri.Higginbotham@ky.gov
A.:
Nancy;
later to date.
George

~ Partridge, George (EEC)
~Higginbotham, Jeri (EEC)
George and Jeri,
1
GP1135
discussed.
Nancy McKee Perez

(404) 562-8674 .
..
Cc: Jeri.Higginbotham@ky.gov
Hello Nancy;
from Fairmont Brine Processing. Also attached is the "Detailed Customer Activity Report" provided by the ~
91"
Sincerely,
George
{]eor9e P. PartridlJe Jr.

2
GP1136

Frankfort, KY 40601
- 2 ) 564-6716 ext. 4651
GP1137
L_ _
-m:
Partrid
Sent:
To:
Subject:

I
FW: RCRA Question & Fairmont Brine Ditposal
Jeri;
I
I am not available Tuesday of this week.
I
I
Nancy suggested Friday. Would that work for you?

George
{We may also learn more by then.)

Jeri,
. .on't mind moving our meeting to a later date. I'm pretty much booked
Friday?
until Friday. How about meeting at 10:00 on
Nancy McKee Perez

Life Scientist
(404) 562-8674
.
From: Partridge, George {EEC) [mailto:George.Partridge@ky.gov]
Nancy;
When we planned on the conference call on Tuesday, I didn't realize I was scheduled for a meeting in 'Bowling Green on
.....~sday. Also the meeting we had scheduled with the Department of Publ.ic Health, Radiation l\llaterials Section to
~uss the landfill contamination from the waste received from Fairmont rine Processing has been postponed to a
!
later to date.
If it is convenient with you and Jeri, could we meet on another day this wejek (any day but Tuesday).
1
GP1138
George
.sent:-M0r:iday,-F~l:lrnar-y-~2-016-P.JO-AM-----
-------
- -------

George and Jeri,
discussed.
Nancy McKee Perez

(404) 562-8674

Hello Nancy;
Blue Ridge Landfill in Irvine, Kentucky that received this waste is managed by Advanced Disposal .
2
GP1139
Mairmont Brine Processing .

Sincerely,
George
{]eor9e P. Partrid{Je Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1140
-m:
Sent:
To:
Cc:
Subject:

Higginbotham, Jeri (EEC); Partridge, George (EEC)
Anderson, Danny J (EEC); Garrity, Patrick (EEC)
RE: RCRA
Thank you Jeri for looking into this issue. Did the EPA have no problems with the radiochemical analysis for Ra-226/228
in the water on top of the FBP sludge using the EPA's method 901.1 water safe drinking water analysis method rather
than an approved EPA method for soils that Patrick indicated would have been more appropriate? Using the EPA's
website and conducting a search for acceptable Ra~226 methods in solids, I came up with the following as an acceptable
method for soil analysis.
EPA Method EMSL-19: Determination of Radium-226 and Radium-228 in Water, Soil, Air and Biological
Tissue (https://www.epa.gov/homeland-security-research/radiochemical-methodsummary?methodNumber=RadiocbemicalMethod7 )
Analysis Purpose: Confirmatory analysis
Technique: Alpha counting
Method Developed for: Radium-226 and radium-228 in water, soil, air, biological tissues and biological fluids
Method Selected for: SAM lists this method for confirmatory analysis of soil/sediment, surface wipe, and air
filter samples.
And what about the overriding issue of whether or not a company involved in the processing of oil and gas exploration
Aiiti production "special wastes" being available to take advantage of this exemption to RCRA subtitle C? Looking at a
~ument the EPA put together, it appears that once these E&P wastes are processed, they no longer meet the
definition of "intrinsically derived from primary field operations" but rather are wastes generated from a
"manufacturing process". (http://www3.epa.gov/epawaste/nonhaz/industrial/special/oil/ ).
"According to the legislative history, the term "other wastes associated" specifically includes waste materials
intrinsically derived from primary field operations associated with the exploration, development, or
production of crude oil and natural gas. The phrase "intrinsically derived from the primary field operations"
is intended to distinguish exploration, development, and production operations from transportation and
manufacturing operations."
And just for everyone's information, after our meeting last week, I reached out to our Central Midwest Interstate LowLevel Waste Compact Commissioners for their opinion on the Regional Management Plan that puts a limit on what
constitutes TENORM. The CMC Regional Management Plan, adopted May 1999 does establish a baseline of 5 pCi/g and
greater for TENORM contaminated wastes (http://www.cmcompact.org/publications/Regional Mgmt Plan.pdf ).
The KY Regulator Statutes that established the CMC KRS 211.861-869 make mention of the regional management and
KRS 211.859 which establishes the CMC, discusses the Regional Management Plan in Article Vin KRS 211.859 which
establishes the Compact
(http://www.cmcompact.org/statutes/KRS%20211.859%20Central%20Midwest%201nterstate%20LowLevel%20Radioactive%20Waste%20Compact.pdf ). What I was wanting know from the CMC Commission is if we can
hold our KY landfills and those importing this out-of-state TENO RM wastes to this 5 pCi/g limit? From what I have
gathered, OH, PA and WV have all promulgated TENORM regulations and used this same 5 pCi/g Ra-226 + Ra-228 as the
for disposal of oil and gas E&P "special wastes" in non-hazardous landfills. OH I believe chose to use a 5 pCi/g over
~above background limit, background being defined as 2 pCi/g statewide.
GP1141
I will let you know what our CMC Commissioners say on the subject. At some point it would be nice to get the legal
opinions of our attorneys on this issue as well.
Mailstop HSlC-A
Frankfort, KY 40621
______Tel:502-564~37QQ~xt.A183_____________ -----------~-------- ____ -~---- __________________________ -------------------------------------------------~------------Fax: 502-564-1492

/(f/JJ. ~
To:

Subject: RCRA
These are my_ notes from o_ ur 11 :00 t-elephone conversation with Nancy McKee Perez of the USEPA concerning~
...
solvents. Fairmont Brine or Advanced TEN ORM Services should have characterized the waste for proper
disposal.
200 Fair Oaks Lane

Frankfort, KY 4060 I
502-564-6 716
2
GP1142
'm:
Sent:
To:
Subject:

Hendricks, Todd (EEC)
FW: RCRA
Todd;
As you were talking with me a couple of minutes ago this came in.
Thought you might like to see it!
Thanks for stopping by!
George

To: Higginbotham, Jeri (EEC); Partridge, George (EEC)
Cc: Anderson, Danny J (EEC); Garrity, Patrick (EEC)
Subject: RE: RCRA
~ank you Je. ri for looking into this issue. Did the .EPA have no problems with the radiochemical analysis for Ra-226/228
~he water on top of the FBP sludge using the EPA's method 901.1 water safe drinking water analysis method rather
website and conducting a search for acceptable Ra-226 methods in solids, I came up with the following as an acceptable
Tissue (https://www.epa.gov/homeland-security-research/radiochemical-methodsummary?methodNumber=RadiochemicalMethod7 )
filter samples.
and production "special wastes" being available to take advantage of this exemption to RCRA subtitle C? Looking at a
document the EPA put together, it appears that once these E&P wastes are processed, they no longer meet the
.-
GP1143
constitutes TENORM. The CMC Regional Management Plan, adopted May 1999 does establish a baseline of 5 pCi/g and . .
greater for TENO RM contaminated wastes (http://www.cmcompact.org/publications/Regional Mgmt Plan.pdf ).
{http://www.cmcompact.org/statutes/KRS%20211.859%20Central%20Midwest%201nterstate%20LowLevel%2JlRadj_g_active%20Waste%20Compact.pdf-1-Wba_tlwaswantiogJs_riQ_w frnfil1be CMCi::ommissio~oJ~Jf we can -~- _________ _
hold our KY landfills and those importing this out-of-state TENORM wastes to this 5 pCi/g limit? From what I have
gathered, OH, PA and WV have all promulgated TENO RM regulations and used this same 5 pCi/g Ra-226 + Ra-228 as the
limit for disposal of oil and gas E&P "special wastes" in non-hazardous landfills. OH I believe chose to use a 5 pCi/g over
and above background limit, background being defined as 2 pCi/g statewide.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
K'l!J~
f'.A!llATlO'l'JHat\1.TH

Subject: RCRA
the applicabilify of RCRA to waste generated by Fairmont Brine Processing.
disposal.
2
GP1144
~m my perusal of Waste Management's data, it does not appear that any of the RCRA metals are in
solvents \Vould be used in the industry. But did Fairmont Brine or Advanced TEN ORM Services ever do the
Jeri W. Higginbotham. Ph.D.
Division of Waste .Management
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716
.3
GP1145
"m:
Sent:
To:
Cc:
Subject:

RE: RCRA
Curt;
Following the conference call that Jeri and I had with Nancy McKee Perez from U.S. EPA Region 4 this past Friday, I
forwarded her the following documents:
considered to contract for disposal of this waste .
Nancy is going to look up the records that EPA has on Fairmont Brine Processing since they have a EPA Identification
Number. There should be a Waste Determination for the waste that is generated from the facility. I also want to
c~nfirm that Advanced TENORM Services followed the necessary procedures for acceptance and management of that
wastes from EPA's perspective and what responsibilities lie with the generator (Fairmont Brine Processing). Nancy is
also going to look at the data we have from PACE Analytical so see if any other RCRA regulations apply (designation as
a characteristic waste, etc.)
I anticipate learning more about their waste streams as well as clarifying that the RCRA "O & G" exemption that has
been claimed would not be applicable to processed waste from the O&G industry by a company that serves the
industry.
Thanks for sharing the analytical method for soil analysis and how EPA uses the term "intrinsically derived from
primary filed operations."
Today I am addressing requests from our Field Offices as they draft the NOVs for the two facilities that have received
radioactive wastes from out of state.
We have a follow-up phone call with Nancy this week .
. .nkyou,
George
GP1146
..

Subject: RE: RCRA
--------------------------------------~------------~~~-------- ---
Tissue (https://www .epa.gov/homeland-security-research/radiochemical-methodsummary?methodNumber=RadiochemicalMethod7 )
filter samples.
and production "special wastes" being available to take advantage ofthis exemption to RCRA subtitle C? Looking at a
"According to the legislative history, the term "other wastes associated" specifically includes waste materia.
greater for TE NORM contaminated wastes (http://www.cmcompact.org/publications/Regional Mgmt Plan.pdf ).
2
GP1147
"m:
Sent:
To:
Cc:
Subject:

Anderson, Danny J (EEC); Briggs, Lindsey (EEC)
Litchfield, Arline (EEC); Aldridge, Tabitha (EEC); Partridge, George (EEC); Nielsen, Jamie
(EEC)
FW: About the U Landfill
FYI
From: Hendricks, Todd (EEC)

To: Begley, Brian (EEC)
Subject: RE: About the U Landfill
This is a long story. We can talk if you like, and I probably should explain what happened to EPA, because I do not trust
the contractors to tell the truth.
They called and said that they were going to treat the leachate to remove radioactivity after they released a bunch into
the environment. They wanted to send in an application to modify their process, as a modification to the approved
Technical Application.
~old them that because they claim they self-regulate rad (and the courts appear to agree), I would not accept any
.plication that stated that they were asking our approval to treat for rad, or our approval of the process regarding rad.
Further, I told them that I did not want the term "radioactive" or the term "radioactivity" appearing in the application.
Basically, they are treating the leachate for dissolved metals, and then running it through the carbon filters. Any rad that
is removed is gravy as far as I am concerned.
From: Begley, Brian (EEC)

To: Hendricks, Todd (EEC)
Subject: FW: About the U Landfill
Todd,
I have included the e-mail chain for your reference. EPA is requesting that you provide EPA (and my staff could also
benefit) with a short discussion on the Li-landfill and your oversight role (DOE's voluntary actions vs required actions,
etc). One of the topics listed below that would assist EPA in the formulation of their Site Management Plan Comments
are "achieve a better understanding of the rad treatment (if any) and discharge status for the uranium and Tc-99 in the
leachate."
Please let me know if there is a time this week that we can complete this conversation. I can set up a conference line
and we can meet in my office or I can schedule a conference room. Nothing formal expected other than conversation.
Thanks,
.auan 91~, PG
9EE'c KY DWM HWB PGDP Section Supervisor

e-mail: brian.begley@ky.gov
office: {502) 564-6716, ext 4641
1
GP1148
From: Corkran, Julie [mailto:Corkran.Julie@epa.gov]

To: Guffey, Mike (EEC); Begley, Brian (EEC); Brewer, Gaye (EEC); Richards, Jon M.
Subject: RE: About the U Landfill
I would prefer a short discussion with Todd Hendricks some time that is convenient for him. I am trying to load small
pits ofthe_f(jDP ~tteLnJQmY_head~Jo ~st@jish my_b_asajinelJ\/he_11a topi~l_~serits it~~IL___________ ---------------------------~- _____ _
Julie L. Corkran, Ph.D. I Senior Remedial Project Manager

USEPA Region 4 I Atlanta Federal Center 9T25
61 Forsyth Street SW I Atlanta GA 30303-8960
Office: 404.562.8547 I Fax: 404.562.8518 I corkran.julie@epa.gov
From: Guffey, Mike (EEC} [mailto:Mike.Guffey@ky.gov]
To: Corkran, Julie <Corkran.Julie@epa.gov>; Begley, Brian (EEC) <Brian.Begley@ky.gov>; Brewer, Gaye {EEC)
<Gaye.Brewer@ky.gov>; Richards, Jon M.<Richards.Jon@epa.gov>
Subject: RE: About the U landfill
Could request FFA presentation from DOE on the topic. Also, ee can ask our solid waste lead {Todd Hendricks) to lead a
short discussion on U -landfill from his oversight perspective for ext. reg. discussion.
-----.
-------~-----'----- -----------------------'---'----:--'-------------- '-------"------- ------------------- ---------'---~----~----.,. .........

.,
From: Corkran, Julie [mailto:Corkran.Julie@epa.gov]

Sent: Sunday, February 21, 2016 1:40 PM
To: Begley, Brian (EEC); Guffey, Mike (EEC); Brewer, Gaye (EEC)
Subject: About the U Landfill
Hello to all:
Working on my SMP comments and realized that I did not have a chance to complete a conversation with you to achieve
a better understanding of the rad treatment (if any) and discharge status for the uranium and Tc-99 in the leachate.
So, I am sending this note as a reminder that I would like to learn more about the current status (and t,he future) of the
U landfill.
Thanks,
Julie
Julie L. Corkran, Ph.D. I Senior Remedial Project Manager

USEPA Region 4 I Atlanta Federal Center 9T25
61 Forsyth Street SW I Atlanta GA 30303-8960
Office: 404.562.8547 I Fax: 404.562.8518 I corkran.julie@epa.gov
GP1149
fl!~:
To:
Subject:
Webb, April (EEC)

Corey Hoskins
George,
Can you give me some background information so that I can write an information request to Corey about his process?
GP1150
,rom:
Sent:
To:
Subject:

Webb, April (EEC)
RE: Corey Hoskins
April;
What is Corey Hoskins requesting? What "process" are you referring to?
Thank you,
George
From: Webb, April (EEC)

Subject: Corey Hoskins
George,
Can you give me some background information so that I can write an information request to Corey about his process?
GP1151
To:
Cc:
Subject:

McKeePerez, Nancy
10:00 Friday is fine.

Thanks,
Jeri

Jeri,
Friday?
Nancy McKee Perez

~Scientist
~zardous Waste, UST, PCB & OPA Programs
(404) 562-8674
Nancy;
later to date.
- k you for reviewing the documents and helping us to learn how the waste streams from Fairmont Brine are
1
GP1152
---------------
George
discussed.
Nancy McKee Perez

(404) 562-8674
Hello Nancy;
Thanks again for reviewing these documents and helping us understand how EPA regulates wastes from companies su.Aa.
...
2
GP1153
tJtcerely,
George
(jeor9e P. PartridiJe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1154

Jeri;
Friday is excellent! Glad you are available.
That will give us some time to gather some more information in preparation for the meeting,
Thank you for all you are doing (and your patience with me).
George

10:00 Friday is fine .
. .~nks,
~n

Jeri,
Friday?
Nancy McKee Perez

Life Scientist
. mckeeperez.nancy@epa.gov
(404) 562-8674
1
..Am: Partridge, George (EEC) [mailto:George.Partridge@ky.gov]
~t: Monday, February 22, 2016 7:41 AM

1
GP1155
Nancy;
later to date.
George

George and Jeri,
discussed.
Nancy McKee Perez

(404) 562-8674
To: McKee Perez, Nancy <McKeePerez.Nancy@epa.gov>
Hello Nancy;
2
GP1156
---------- -----
Sincerely,
George
(jeorge P. Partricfee Jr.

Y Division of Waste Management
rankfort, KY 40601
(502) 564-6716 ext. 4651
GP1157
-om:
:ent:
To:
Subject:
Webb, April (EEC)

Re: Corey Hoskins
I believe it is to do with the mining drilling mud and what they do before disposal?
Sent from my iPhone
On Feb 22, 2016, at 11:34 AM, Partridge, George (EEC) <George.Partridge@ky.gov> wrote:
April;
Thank you,
George

George,
Can you give me some background information so that I can write an information request to Corey
about his process?
GP1158
To:
Subject:

Webb, April (EEC)
RE: Corey Hoskins
April;
We are addressing both TENORM waste as well as processed TENO RM waste that is being transported fron: out of state
into Kentucky for disposal in our landfills.
Could you please send me the original email request so I can understand better who would be the best person to
respond to his question?
Thank you,
George

Subject: Re: Corey Hoskins
-elieve it is to do with the mining drilling mud and what they do before disposal?
Sent from my iPhone
April;
Thank you,
George

George,
Can you give me some background information so that I can write an information request to Corey
about his process?
GP1159
#,om:

Monday, February 22, 2016 12:00 PM
Anderson, Danny J (EEC); Garrity, Patrick (EEC); Higginbotham, Jeri (EEC)
Sent:
To:
Cc:
Subject:
RE: RCRA
Thanks George for the summary. Funny thing. The EPA just released the following regarding oil and gas
(http://www.epa.gov/enforcement/national-enforcement-initiative-ensuring-energy-extraction-activities-comply ).
"Nati.anal Enforcement Initiative: Ensuring Energy Extraction Activities Comply with Environmental Laws"~ The EPA's
inspection and enforcement map towards the bottom of the page is a little hard to read but it looks as though EPA is
indeed conducting inspection of well sites in KY. However the EPA's enforcement actions seemed to be geared more
toward violations of the Clean Air Act.
You mentioned two NOVs for accepting out of state TENORM wastes. Do you mind if I ask what is the other landfill
besides Advanced Disposal Solutions in Irving, KY that is going to receive a NOV?
Mailstop HS1C-A
~nkfort, KY 40621
502-564-3700 ext. 4183
Fax:502-564-1492
9111"=
'~

Subject: RE: RCRA
Curt;
- Waste Profile Sheet and Approval Review Form from Advanced Disposal for the waste shipments they received
1
GP1160
confirm that Advanced TENORM Services followed the necessary procedures for acceptance and management of that
industry.
We have a follow-up phone call with Nancy this week.
Thank you,
George

Subject: RE: RCRA
..
filter samples.
2
GP1161
~d production "special wastes" being available to take advantage of this exemption to RCR. A subtitle C? Looking at a
~cument the EPA put together, it appears that once these E&P wastes are processed, they no longer meet the
production of crude oil and natural gas, The phrase "intrinsically derived from the primary field operations"
And just for everyone's information, after our meeting last week, I reached out to our Centra.1 Midwest Interstate LowLevel Waste Compact Commissioners for their opinion on the Regional Management Plan that puts a limit on what
constitutes TE NORM. The CMC Regional Management Plan, adopted May 1999 does establish a baseline of 5 pCi/g and
(http://www.cmcompact.org/statutes/KRS%20211.859%20Central%20Midwest%201nterstate%20LowLevel%20Radioactive%20Waste%20Compact.pdf ). What I was wanting know from the.CMC Commission is if we can
above background limit, background being defined as 2 pCi/g statewide.
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http:ljwww.chfs.ky.gov/dph/radioactive.htm
K~~ffl"'I~ ~~
GP1162
Subject: RCRA
These are my notes from our 11 :00 telephone conversation with Nancy McKee Perez of the USEPA concerning&.
'W
__m__ ~ol_y_e~n,ts_,___ Fainp._Q_nt ~rip.e or_AQ_y~nc~4_'fp_:i\,LQRM~~~fYjf_~-~l!9!!lg_lJ.(:ly~_ ch~!:_/!Cteri_~~c!fu_~_Faste_for proper__ __ m- ---~
disposal.
.
ZOO Fair Oaks Lane
Frankfort, KY 40601
502-564-6716
GP1163
--------------
,rom:
Sent:
To:
Subject:

RE: RCRA
Curt;
My understanding the following will receive NOVs:
Advanced TENORM Services

Republic's Green Valley Landfill
Advanced Disposal's Blue Ridge Landfill
For Green Valley:

./ Accepting an unpermitted waste (TENORM)
./ Not keeping the required grid map that shows where waste is placed in the disposal cell.
For Blue Ridge:
./ Accepting an unpermitted waste (TENO RM)

./ Not providing the waste manifests in a timely manner as requested.
./ Not documenting the TENO RM related wastes (FBP, etc.) on their Quarterly Waste Received Reports.
For Advanced TENO RM Services, there is a regulation the Division plans to cite that I am not familiar with and has not
been used to my knowledge. It appears to be a very general and broad based in nature since the specifics of the wastes
such as its radioactivity are regulated by your cabinet. I believe discussions are still continuing regarding any action we
can take against ATS. It is easier for us to address the landfill site.
Thanks for the link to information by EPA!
George

Cc: Anderson, Danny J (EEC); Garrity, Patrick (EEC); Higginbotham, Jeri (EEC)
Subject: RE: RCRA

"National Enforcement Initiative: Ensuring Energy Extraction Activities Comply with Environmental Laws". The EPA's
.ard violations of the Clean Air Act.
besides Advanced Disposal Solutions in Irving, KV that is going to receive a NOV?
1
GP1164

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
_______[-maJI: curt.pendergrass@ky.gov
_____________ _ ______ _

Subject: RE: RCRA
Curt;
GP1165
---
----
------
------------
'---ustry.
Thank you,
George

Subject: RE: RCRA
. t h o d for soil analysis;
Tissue (https://www.epa.gov/homeland-security-research/radiochemical-methodsummary?methodNum ber=RadiochemicaIMethod7 )
filter samples.
"manufacturing process". (http://www3.epa.govI epawaste/ nonhaz/industrial/specia I/oil/ ) .
~just for everyone's information, after our meeting last week, I reached out to our Central Midwest Interstate Low-
~el Waste Compact Commissioners for their opinion on the Regional Management Plan that puts a limit on what
greater for TE NORM contaminated wastes (http://www.cmcompact.org/publications/Regional Mgmt Plan.pdf ).
3
GP1166

hold our KY landfills and those importing this out-of-state TENORM wastes tci this 5 pCi/g limit? From what I have
gathered, OH, PA and WV have all promulgated TE NORM regulations and used this same 5 pCi/g Ra-226 + Ra-228 as the
~----and_ahrute_ba.c__kgmund limjt,_ backgIQJJDJJh~nggeJlnecL~?12-C:iLg?tate_\Nid~u __ _____ -------- ___
--~ .- ------
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
..
~:,,
_.

Subject: RCRA
disposal.
GP1167
__9lvents would be used in the industry. But did Fairmont Brine or Advanced TENORM Services ever do the
rsting required to know that? And how representative is the Waste Management dataset?
Jeri W. Higginbotham. Ph.D.
200 Fair Oaks Lane
Frankfort. KY 4060 I
502-564-6716
GP1168
.rtridge, George (EEC)

.rom:
To:

Subject:
RE: RCRA
Sent:
Thanks George.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
'Di*"~
l*(J!<~~
wlJ.\To1tir~.HlVU,.TH

Sent: Monday, February 22, 2016
12: 11 PM

Subject: RE: RCRA
Curt;
My understanding the following will receive NOVs:

Republic's Green Valley Landfill
Advanced Disposal's Blue Ridge Landfill
For Green Valley:

./ Accepting an unpermitted waste (TENORM)
./ Not keeping the required grid map that shows where waste is placed in the disposal cell.
For Blue Ridge:
A./
Accepting an unpermitted waste (TENORM)

Not providing the waste manifests in a timely manner as requested .
./ Not documenting the TENORM related wastes (FBP, etc.) on their Quarterly Waste Received Reports.
./
GP1169
For Advanced TENO RM Services, there is a regulation the Division plans to cite that I am not familiar with and has not
been used to my knowledge. It appears to be a very general and broad based in nature since the specifics of the wastes
such as its radioactivity are regulated by your cabinet. I believe discussions are still continuing regarding any action we
can take against ATS. It is easier for us to address the landfill site.
A...
W
Thanks for the link to information by EPA!

George
~~----from:-Penderg rass,-eurt-EeH FS--BPH)-

Cc: Anderson, Danny J (EEC); Garrity, Patrick (EEC); Higginbotham, Jeri (EEC)
Subject: RE: RCRA
You mentioned two NOVs for accepting out of state TENO RM wastes. Do you mind if I ask what is the other landfill

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
M'
~~..
.~
.~~~
fV\i!AT10Haart!t';ll'H

Subject: RE: RCRA
Curt;
Following the conference call that Jeri and l had with Nancy McKee Perez from U.S. EPA Region 4 this past Friday, I
2
GP1170
-landfill manager that confirms receipt of 47 shipments between July 24, 2015 and November 16, 2015. The
_9
Number. There should bea Waste Determination for the waste that is generated from the facility. I also want to
wastes from.EPA's perspective and what responsibilities lie with the generator (Fairmont Brine Processing). Nancy is
industry.
- n k s for sharing the analytical method for soil analysis and how EPA uses the term "intrinsically derived from
.
Thank you,
George


Subject: RE: RCRA
9hod for soil analysis.
Tissue (https://www.epa.gov/homeland-security-research/radiochemical-methodsummary?methodNumber=RadiochemicalMethod7 )
3
GP1171

Method Developed for: Radium-226 and radium-228 in water, soil, air, biological tissues and biological fluids '
filter samples.
II man ufactu ring process''. (http://www3 .epa .govI epawaste/nonhaz?lndu-strTaTTsPeaalloJUT-----~~---~-- ~- --~---- -
greater for TENO RM contaminated wastes (http://www.cmcompact.org/publications/Regionaf Mgmt Plan.pdf ).
(http://www.cmcompact.org/statutes/KRS%20211.859%20Central%20Midwest%201nterstate%20Low
Level%20Radioactive%20Waste%20Compact.pdf ). What I was wanting know from the CMC Commission is if we can
gathered, OH, PA and WV have all promulgated TE NORM regulations and used this same 5 pCi/g Ra-226 + Ra-228 as the
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:S02-564-1492
,~~
GP1172
m: Higginbotham, Jeri (EEC)

t: Friday, February 19, 2016 2:01 PM
Cc. Pendergrass, Curt (CHFS DPH)
Subject: RCRA
disposal.
Nancy.asked about the water that was generated. From Fairmont Brine's website, it appears it is put to
W. Higginbotham, Ph.D.

ZOO Fair Oaks Lane

Frankfort, KY 40601
502-564-6716
GP1173
-------
---
--- -- - - -

.rom:
Sent:
To:
Cc:
Subject:

RE: RCRA
Curt,
The only thing I can add to what George said is that I asked Nancy about testing procedures. I am of the impression that
everything that was tested went through TCLP. Pace Analytical lists the sample as a solid. And everything is reported as
micrograms per liter- a liquid medium. All this is acceptable. But Nancy has all the information, so she will make the
final determination. Correct me if I am wrong, but if the only exceedance is radioactive, then it will not be
"characteristically hazardous" under RCRA.
What I think may be the case from EPA's perspective is that the waste was not handled the way it should have been by
Fairmont Brine. It may well end up not meeting the definition of hazardous, but no one did the necessary work to know
that.
We know that laws were broken. But it remains to be seen if the RCRAlaw was broken.
We'll be talking to Nancy again on Friday. We will know more then.
Jeri

.,jjj: Partridge, George (EEC)
~ Anderson, Danny J (EEC); Garrity, Patrick (EEC); Higginbotham, Jeri (EEC)
Subject: RE: RCRA
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
site: http://www.chfs.ky.gov/dph/radioactive.htrn
~your fees on line at https:Uprd.chfs.ky.gov/rad epay/
1
GP1174


Subject: RE: RCRA
Curt;
confirm that Advanced TEN ORM Services followed the necessary procedures for acceptance and management of that
industry.
..
Thank you,
George
GP1175
- - - - - - - - - - - ---------
----

Higginbotham, Jeri (EEC); Partridge, George (EEC)
Subject: RE: RCRA
website and conducting a search for acceptable ~a-226 methods in solids, I came up with the following as an acceptable
filter samples.
"manufacturing process"~ (http:Uwww3.epa.gov/epawaste/nonhaz/industrial/special/oil/ ).
constitutes TENO RM. The CMC Regional Management Plan, adopted May 1999 does establish a baseline of 5 pCi/g and
hold our KY landfills arid those importing this out-of-state TE NORM wastes to this 5 pCi/g limit? From what I have
gathered, OH, PA and WV have all promulgated TENO RM regulations and used this same 5 pCi/g Ra-226 + Ra-228 as the
~I let you know what our CMC Commissioners say on the subject. At some point it would be nice to get the legal
ions of our attorneys on this issue as well.

3
GP1176

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
____Banotified_af proposerLregulation_c.hanges_htlJJs:U~s;,ure. kentucky.gov /Regwatch/

Sent: Friday,- February 19, 2016 2:01 PM
Subject: RCRA
These are my notes from our 11 :00 telephone conversation with Nancy McKee Perez of the USEP A concerning
the sludge might be characteristic, possibly for RCRA metals. They are arsenic, barium, cadmium, chromium,.
disposal.
200 Fair Oaks Lane
Frankfort. KY 40601
502-564-6716
GP1177
Cc:
Subject:
Stephen.Helmer@odh.ohio.gov
Hatton, Tony (EEC); Maybriar, Jon (EEC); Anderson, Danny J (EEC);
Beth.Pratt@dnr.state.oh.us; Ron.Trivisonno@dnr.state.oh.us;
Rebecca.Fugitt@odh.ohio.gov; Michael.Snee@odh.ohio.gov;
Chuck.McCracken@odh.ohio.gov
RE: KY Landfill Concern
George,
We appreciate hearing any concerns Kentucky may have.
As a follow up to your email, I traveled with ODNR to their permitted facility, Pressure Tech (oil & gas industry waste
substance facility).
In the state of Ohio, ODNR (Ohio Department of Natural Resources) has sole and exclusive authority over the Oil and Gas
Industry.
This Pressure Tech location uses the same Ohio address listed on Mr. Hoskins website.
We met Tim Stapleton from Pressure Tech as well as Cory Hoskins from BES, LLC or BES Technical Solutions, LLC or
Advanced TENORM Services, LLC.
Mr. Hoskins indicated he has no laboratory operation in Ohio. He was working to have a lab at this facility, but the
planning fell through when the site's owner passed away.
~ Hoskins indicated he had a website, but he took it do. wn last Friday. He's getting questions, but admitted "it's just a
~site" and he put a number of things on it that may not reflect what he does.
I asked Mr. Hoskins if he worked in Kentucky and he indicated that he did.
Our records show Mr. Hoskins tried to obtain an Ohio radioactive materials license in June 2015, but he backed away
from pursuing it.
Currently, I do not have much on Fairmont Brine Processing but I have forwarded your email to ODNR's Beth Pratt and
Ron Trivisonno.
Let me know if you have any follow up questions or concerns.
Sincerely,
Program Administrator
Ohio Department of Health
Bureau Environmental Health and Radiation Protection
Radiological Health and Safety Section
614-728-3611

Sent: Tuesday, February 16, 2016 7:36 PM
1
GP1178
To: Helmer, Stephen <Stephen.Helmer@odh.ohio.gov>

Cc: Hatton, Tony (EEC) <Tony.Hatton@ky.gov>; Maybriar, Jon (EEC) <Jon.Maybriar@ky.gov>; Anderson, Danny J (EEC)
<Danny.Anderson@ky.gov>
Subject: RE: KY Landfill Concern
':A...
""W
Steve;
Thank you so much for calling today and allowing us to share our concerns regarding shipments of TENO RM to our
landfills here in Kentucky. We have been particularly concerned about the activities of Cory Hoskins associated with
______ __AIDtanced.IENORM5-e_rvlc.e_sjalsJLassociated .with BES.~LC andJiES Tec_bnicaL~Qlutj()_~_L.LCBlld _his _ac!iyitie~---~---- __ _
surrounding shipments of out of state TENO RM to Kentucky.
As requested I prepared a summary of how we became aware of the out of state shipments and have attached that to
this email message.
Also additional attachments are included that I hope you will find helpful as you understand our situation and the
investigation we are conducting. The attachments include:
./ Relevant regulations we are focused on: KRS 224.46-530 and especially KRS 211.859 .
./ Copy of the web pages from Advanced TE NORM Services and LLC information .
./ Photographs when we conducted an unannounced inspection visit to the offices and laboratory of Advanced
TENORM Services (individual sitting at table we understand is Cory Hoskin's brother. Cory is standing in the
doorway. The individual by the boxes scanning for radioactivity is Chris Keffer with our DPH - Radioactive
Materials Section)
./ Information on LLCs organized that Cory Hoskins is associated with .
./ Fairmont Brine Processing Disposal Plan (waste we are particularly concerned about that was disposed of at Blue.
Ridge Landfill in Irvine, KY)
./ Analytical results provide by Waste Management when they were involved with Fairmont Brine Processing .
./ Analytical results from Advanced TENORM Services that was provided to Republic Services who manages Green
Valley Landfill and was included with the manifest for the shipment of the TENO RM wastes.
We appreciate the interest you are taking in our concerns regarding the disposal of TENORM here in Kentucky. We
believe the waste from Fairmont Brine Processing was used as Alternative Daily Cover at the Blue Ridge
Landfill. Preliminary site surveys indicates this took place but a more detail site survey and sampling protocol in the
future will confirm if that is the case and the extent of the contamination.
We also hope by sharing our experiences in Kentucky that this will provide helpful information related to the
management of TENO RM waste in Ohio and most of all protect the well-being and health of the operators and managers
of landfills that provide an important service to our respective communities.
Thank you again,
Sincerely,
George
(jeorge P. PartridfJe Jr., PliV, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
2
GP1179
From: Stephen. Helmer@odh.ohio.gov [mailto:Stephen.Helmer@odh .Ohio.gov]

Hi George,
Please send what you can to better understand your concerns.
614-728-3611
Ohio
Oi~rtm~nt
of Health
This e-mail is intended for the sole use of the intended recipient and may contain privileged, sensitive, or
protected health information. If you are not the intended recipient, be advised that the unauthorized use,
disclosure, copying, distribution, or action taken in reliance on the contents of this communication is prohibited.
If you have received this e-mail in error, please notify the sender via telephone or return e-mail and immediately
delete this e-mail.
..
3
GP1180
Information Request for ATS

Conference Room 202C
Start:
End:
Show Time As:
Wed 2/24/2016 1:30 PM

Wed 2/24/2016 4:30 PM
Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded
Organizer:
Required Attendees:

Loyselle, Maridely (EEC)
GP1181
Location:

Start:
End:
Show Time As:
Fri 2/26/2016 8:00 AM

Fri 2/26/2016 10:00 AM
Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded
Organizer:
Required Attendees:
Resources:

EEC DEP Conf Rm 202C (Fair Oaks)
-bject:
GP1182
-om:
Sent:
To:
Subject:
EEC DEP Conf Rm 202( (Fair Oaks)

Accepted: Information Request for ATS
GP1183
Location:
Conference Call - EPA Region 4

Start:
End:
Show Time As:
Fri 2/26/2016 10:00 AM

Fri 2/26/2016 12:00 PM
Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded
Organizer:
Required Attendees:

-bject:
GP1184

f#.:..bject:
Location:

Start:
End:
Show Time As:
Fri 2/26/2016 1:00 PM

Fri 2/26/2016 4:00 PM
Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded
Organizer:
Required Attendees:

GP1185
Subject:

Accepted: Information Request for ATS
GP1186
~~:
To:
Subject:

Maybriar, Jon (EEC)
Accepted: Blue Ridge follow-up meeting
GP1187
-m:
Sent:
To:
Subject:

RE: Norm and Processed TENORM - Path Forward
Rodney;
Please find below where I first summarize in a brief narrative what I want a contractor conducting a site assessment to
accomplish at Blue Ridge Landfill. The second section below summarized the thoughts I shared with Danny last week
regarding the TENORM/Processed TENORM disposal concerns and the path forward.
Statement for Remedial Action by Contractor
A Radiation Survey and Site Investigation (RSSI) for the landfill property site will be conducted to the determine
the level and extent of contamination and include measurement of background radiation sources from an analysis
of underlying geology. The RSSI will include the waste disposal cell, sedimentation pond, stormwater runoff and
leachate. The RSSI will also include a spectroscopy analysis of waste constituents and site background rock and
soil samples to identify the isotopes present. ABHP certified health physicists (CHP) will conduct a dose
assessment of the exposed on-site and off-site receptors based on present operations at the landfill and include
dose reconstruction from previous disposal activities of radioactive waste (including the 47 shipments of waste
from Fairmont Brine Process). Internal radiation dosimetry from radionuclides will be assessed for all exposure
~ pathways along with exposure pathway modeling with particular attention to inhalation, deposition on
skin/clothing and ingestion of radionuclide sources.
W9
All sampling activities including any core sampling will incorporate temporary HEPA filtered negative air
containment enclosures to control and remove fugitive dust, particles, and airborne contaminants generated
during site activities to prevent the spread of contamination from desigr,ate work areas.
All monitoring activities and analyses will be conducted by licensed laboratories. All contractors will be following
appropriate procedures and have recognized certifications in their respective areas frorn organizations including,
but not limited to the ABHP (American Board of Health Physics), ICRP (International Committee on Radiation
Protection), ICRU (International Commission on Radiation Units and Measurements), IRPA (The International
Radiation Protection Association) and the NEFAP (National Environmental Field Activities Program) for
accreditation of FSMOs (Field Sampling and Measurement Organization).
A QAPP (Quality Assurance Project Plan) will be submitted that encompasses all site work at the landfill that is
part of the above describe work.
Quality Assurance Plan
GP1188
i\!~!~i~!t~tfJi~S~iff!::~~1t~l~~~-~~r.~,ft~
HPS - Health Physics Society
,~~~~:x~:~~~tf:~
Waste characterization, remediation, disposal as appropriate
Ph~f'as~e~~mfipti]iriiit!fe~Alis~m~t:rJfi ______
QAPP (ou~iity As~~~~~~; Project-,;l~n) f~~~~J~t------- --------------~~-------------------------~---------
if~~~!ili,i?Alii:~i~it~i~iim~~i~~:~[~~~~rJ}i~~1{@~~~~~~0,~
i~~lud;
MARSSIM - provides technical guidance on conducting radiation surveys and site investigations (Radiological
Survey and Site Investigation Process)
11111ic~~~~1i',~1~[~~~
Equivalent dose to give an approximate measure of the biological effect of radiation
P}1fi~~Y-ix~1~6~]~jJ~_6~t(~~1~{!illB!~:l!f~~ffi/~I~!6!'ng:~wcfi~~e~tiPr1"
MARSAME surveys (equipment)
l~~~{fg~~s~t~1~~i~~~1roin:t~
level and extent of the contamination at the site and construct/assess past and future worker/community (school)
exposure scenarios evaluating both radioactive and chemical constituents present in the processed TENORM
waste. The contract shall be with a NEFAP certified contractor (National Environmental Activities Program for the
establishment and implementation of an accreditation program for field sampling and measurement organization)
an/or "Radioactive Waste Broker and Decontamination" contractor approved/recommended by the Radioactive Materials Section associated with the CFHS-DPH.
Overall Recommendations for Addressing Violations and the Path Forward

Blue Ridge Landfill (NOV Items]
Violation for refusal to provided requested manifests in a timely manner.
Violation for not reporting the out of state TENO RN/Processed TE NORM waste on Quarterly Waste Received
November 16, 2015 and two other additional companies have been identified as well as having waste received
out of state TENO RM waste by the landfill facility.
..
Blue Ridge Landfill (Action Items]

2
GP1189
level and extent of the contamination at the site and construct/assess past and future worker/community
received, scheduled for medical monitoring to establish a health level baseline since the exposures they
future years.
potential disturbances to the waste. (This will potentially affect the exposure plan for the landfill!)
9'!.dfills Statewide
Conduct an internal review (Solid Waste Branch) of the "Quarterly Waste Quantity Reports" for all landfills in
from counties or areas that are known as regions having high levels of 0 & G /Fracking Activities.
potentially received TE NORM and processed or concentrated TENO RM.
If additional landfills are identified beyond those we are presently aware of as receiving TE NORM or processed
TENO RM, the next step is to request all the manifest from all landfills in the state for 2015-lst Quarter of 2016].
For all landfills that been identified as receiving TE NORM/Processed TENO RM, require a contractor to conduct a
Based on the results above, develop a plan similar to Blue Ridge as needed .
~geP.Partri<fneJ~
~artment for Environmental Protection
3
GP1190
Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1191
Subject:

Rodney;
Please find below where I first summarize in a brief narrative what I want a contractor conducting a site assessment to
accomplish at Blue Ridge Landfill. The second section below summarized the thoughts I shared with Danny last week
regarding the TENORM/Processed TENORM disposal concerns and the path forward.
. . . pathway.s a. long with exposure pathway modeling with particular attention to inhalation, deposition on
. . , - skin/clothing and ingestion of radionuclide sources.
.
during site activities to prevent the spread of contamination from designate work areas.
All monitoring activities and analyses will be conducted by licensed laboratories. All contractors will be following
appropriate procedures and have recognized certifications in their respective areas from organizations including,
but not limited to the ABHP (American Board of Health Physics}, ICRP (International Committee on Radiation
Protection), ICRU (International Commission on Radiation Units and Measurements}, IRPA (The International
Radiation Protection Association} and the NEFAP (National Environmental Field Activities Program} for
A QAPP (Quality Assurance Project Plan} will be submitted that encompasses all site work at the landfill that is
GP1192
~~wtlii!itil\tiiiiiii1~1~4a~1i!~:~~~;=~:~r.~i~ll
'
HPS - Health Physics Society
~I!~~tz~i~rlf~
Waste characterization, remediation, disposal as appropriate
Q~i?~!~~~~~{ffi~li!!~&~~!~[ci:9~!'~~~~XR'n --~------------------------ .----------------~~----~---~--~--- ---- Include a QAPP (Quality Assurance Project Plan) for project
!lii~l6t~!~l~1J:'.i~~~lit~~t~iF~r~11:~~~1~~i~11m~j1~1
MARSSIM - provides technical guidance on conducting radiation surveys and site investigations (Radiological
Survey and Site Investigation Process)
~iitl~"',~::,~m~f~iJ!if!1~1l1~~B
Equivalent dose to give an approximate measure of the biological effect of radiation
~~Ifi~~1'~-~I!"~ij~Ji~~~i~~~~~fif~h!~f2~~~I'1Jt1(1t~tiivgailcf iriie~ti9n_-'
MARSAME surveys (equipment)
~t~~~~t~~ra~I~~Q~5~~~rm~-~i~
level and extent of the contamination at the site and construct/assess past and future worker/community (school)
exposure scenarios evaluating both radioactive and chemical constituents present in the processed TENORM
waste. The contract shall be with a NEFAP certified contractor (National Environmental Activities Program for the
establishment and implementation of an accreditation program for field sampling and measurement organization)
an/or "Radioactive Waste Broker and Decontamination" contractor approved/recommended by the Radioactive
Materials Section associated with the CFHS-DPH.

Blue Ridge Landfill [NOV Items)
Violation for not reporting the out of state TE NORN/Processed TENO RM waste on Quarterly Waste Received
November 16, 2015 and two other additional companies have been identified as well as having waste received~
out of state TE NORM waste by the landfill facility.
..
Blue Ridge Landfill (Action Items)

2
GP1193
Progr:am for the establishment and implementation of an accreditation program for field sampling and
future years.
9'3ndfills Statewide
TENO RM, the next step is to request all the manifest from all landfills in the state for 2015-lst Quarter of 2016].
..-orne P. PartridiJe Jr.

~_partment for Environmental Protection

3
GP1194
Frankfort, KY 40601
(502) 564-6716 ext. 4651
'
GP1195
#m:
Sent:
To:
Cc:
Subject:

Hendricks, Todd (EEC); Maze, Rodney (EEC)
Anderson, Danny J (EEC); Briggs, Lindsey {EEC); Melton, Ken (EEC)
Tracking:
Recipient
Delivery
Delivered: 2/22/2016 6:30 PM
Maze, Rodney (EEC)
Delivered: 2/22/2016 6:30 PM
Delivered: 2/22/2016 6:30 PM
Delivered: 2/22/2016 6:30 PM
Melton, Ken (EEC)
Delivered: 2/22/2016 6:30 PM
Rodney and Todd;

In response to the request to describe in the appropriate language what we need in terms of a site survey for the Blue
Ridge Landfill, I first contacted Curt Pendergrass, Supervisor of the Radioactive Materials Section with the CFHS-DPH and
requested his input. He provide me a list of "Radioactive Waste Brokers & Decontamination Services" along with the
website for NEFAP .
eviewed the web sites for each of the contract. ors, paying particular attention to how they described their services.
ok the language used by the contractors, along with my knowledge from my work experience in human health and
ecological risk assessment, etc. and prepared a narrative of the activities I would like to see the contractors conduct at
the Blue Ridge Landfill.
The narrative I prepared is highlighted in red bold letters below. Below the narrative I have included the items that
Danny Anderson asked me to prepare for him last week:
NOV Items for Blue Ridge Landfill

Action Items for Blue Ridge Landfill
Statewide Landfill Activities to Address TE NORM on a statewide level.
It is easier for me to give you my detailed thoughts and let you two revise, edit, or delete the content down to a few
words appropriate for a specific document such as an NOV. I have limited experience with radionuclides and have
historically focused on chemical contaminants during my career work. There is some over-lap between the respective
areas. I value you input.
Please feel to take my thoughts and edit/correct them as you feel appropriate as well as point out any other areas you
would like for me to research or address.
Thank you both for reviewing my thoughts and providing feedback as I seek to provide suggestions on the path forward
to address TE NO RM/Processed TE NORM disposal concerns facing our state .
..Amks again for all you are doing and the support and encourage you both have been as I work on this area of concern
~red by us all.
GP1196
I will be at a workshop all day Tuesday in the Bowling Green area. Feel free to call me anytime on my cell phone and I
will return your call.
Thanks again!
George
Cell: 859-221-8843
pathways along with exposure pathway modeling with particular attention to inhalation, deposition on
during site activities to prevent the spread of contamination from designated work areas.
All monitoring activities and analyses will be conducted by licensed laboratories. All contractors will follow
Radiation Protection Association) and the NEFAP {National Environmental Field Activities Program) for
A QAPP {Quality Assurance Project Plan) will be submitted that encompasses all site work at the landfill that is
Violation for not reporting the out of state TENORN/Processed TENO RM waste on Quarterly Waste Received
November 16, 2015.
2
GP1197
TENO RM waste. The contract shall be with a NEFAP certified contractor (National Environmental Activities
measurement organization) and/or "Radioactive Waste Broker and Decontamination" contractor
approved/recommended by the Radioactive Materials Section assoeiated with the CFHS-DPH.
future years.
Require Advanced Disposal to provide on-going annual medical monitoring throughout the lifetime ofthe
Landfills Statewide
For all landfills that been identified as receiving TE NORM/Processed TENORM, require a contractor to conduct a
screening site assessment to confirm that the landfill is presently safe for operators and no one is exposed to an
<george P. Partrirfee Jr.

~nkfort, KY 40601
~2) 564-6716 ext. 4651
GP1198
GP1199
~om:
~:
Sent:
Subject:
Maze, Rodney (EEC)

Read: RE: Norm and Processed TENORM - Path Forward
Your message
To: Maze, Rodney (EEC)
Subject: RE: Norm and Processed TENORM - Path Forward
Sent: Monday, February 22, 2016 6:30:27 PM (UTC-05:00) Eastern Time (US & Canada)
was read on Monday, February 22, 2016 6:44:56 PM (UTC-05:00) Eastern Time (US & Canada) .
GP1200
'm:
To:
Sent:
Subject:

Read: RE: Norm and Processed TENORM - Path Forward
Your message
Sent: Monday, February 22, 2016 6:30:27 PM (UTC-05:00) Eastern Time (US & Canada)
was read on Monday, February 22, 2016 8:24:01 PM (UTC-05:00) Eastern Time (US & Canada).
11
GP1201
flam:
Maze, Rodney (EEC)

Hendricks, Todd (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Melton, Ken
. (EEC)
Sent:
To:
Cc:
Subject:
Attachments:
Re: Norm and Processed TENORM - Path Forward

im9ge001.gif
Rodney Maze
On Feb 22, 2016, at 6:30 PM, Partridge, George (EEC) <George.Partridge@ky.gov> wrote:
Rodney and Todd;
In response to the request to describe in the appropriate language what we need in terms of a site
survey for the Blue Ridge Landfill, I first contacted Curt Pendergrass, Supervisor of the Radioactive
Materials Section with the CFHS-DPH and requested his input. He provide me a list of "Radioactive
Waste Brokers & Decontamination Services" along with the website for NEFAP .
I reviewed the web sites for each of the contractors, paying particular attention to how they described
the"ir services. I took the language used by the contractors, along with my knowledge from my work
experience in human health and ecological risk assessment, etc. and prepared a narrative of the
activities I would like to see the contractors conduct at the Blue Ridge Landfill.
The narrative I prepared is highlighted in red bold letters below. Below the narrative I have included
the items that Danny Anderson asked me to prepare for him last week:

Statewide Landfill Activities to Address TENORM on a statewide level.
It is easier for me to give you my detailed thoughts and let you two revise, edit, or delete the content
down to a few words appropriate for a specific document such as an NOV. I have limited experience
with radionudides and have historically focused on chemical contaminants during my career
work. There is_some over-lap between the respective areas. I value you input.
Please feel to take my thoughts and edit/correct them as you feel appropriate as well as point out any
other areas you would like for me to research or address.
Thank you both for reviewing my thoughts and providing feedback as I seek to provide suggestions on
the path forward to address TENORM/Processed TENORM disposal concerns facing our state.
Thanks again for all you are doing and the support and encourage you both have been as I work on this
area of concern shared by us all.
GP1202
I will be at a workshop all day Tuesday in the Bowling Green area. Feel free to call me anytime on my
cell phone and I will return your call.
Thanks again!
George
Cell: 859-221-8843
-
- --
--
"---~--
,__
- --
A Radiation Survey and Site Investigation (RSSI) for the landfill property site will be conducted to
the determine the level and extent of contamination and include measurement of background
radiation sources from an analysis of underlying geology. The RSSI will include the waste disposal
cell, sedimentation pond, stormwater runoff and leachate. The RSSI will also include a
spectroscopy analysis of waste constituents and site background rock and soil samples to identify
the isotopes present. ABHP certified health physicists (CHP) will conduct a dose assessment of
the exposed on-site and off-site receptors based on present operations at the landfill and include
dose reconstruction from previous disposal activities of radioactive waste (including the 47
shipments of waste from Fairmont Brine Process). Internal radiation dosimetry from
radionuclides will be assessed for all exposure pathways along with exposure pathway modeling
with particular attention to inhalation, deposition on skin/clothing and ingestion of radionuclide
sources.
All sampling activities including any core sampling will incorporate temporary HEPA filtered
negative air containment enclosures to control and remove fugitive dust, particles, and airborne
contaminants generated during site activities to prevent the spread of contamination from
designated work areas.
All monitoring activities and analyses will be conducted by licensed laboratories. All contractors
will follow appropriate procedures and have recognized certifications in their respective areas
from organizations including, but not limited to the ABHP (American Board of Health Physics),
ICRP (International Committee on Radiation Protection}, ICRU (International Commission on
Radiation Units and Measurements}, IRPA (The International Radiation Protection
Association) and the NEFAP (National Environmental Field Activities Program) for accreditation of
FSMOs (Field Sampling and Measurement Organization).
A QAPP (Quality Assurance Project Plan) will be submitted that encompasses all site work at the
landfill that is part of the above describe work.
Blue Ridge landfill [NOV Items]
Violation for not reporting the out of state TENORN/Processed TENO RM waste on Quarterly
Waste Received Reports when 47 shipments alone was received from one company between
the dates Of July 24, 2015 and November 16, 2015.
Blue Ridge Landfill [Action Items)

2
GP1203
..
Immediately cease any waste placement or disturbance of temporary cover in the vicinity of the
cell {providing adequate buffer distance) where the waste was placed from Fairmont Brine
Processing from the time period of July 24, 2015 to November 16, 2015.
Require Advanced Disposal to contract with a company to conduct a thorough site assessment
to determine the level and extent of the contamination at the site and construct/assess past and
future worker/community {school) exposure scenarios evaluating both radioactive and chemical
constituents present in the processed TENORM waste. The contract shall be with a NEFAP
certified contractor (National Environmental Activities Program for the establishment and
implementation of an accreditation program for field sampling and measurement organization)
and/or "Radioactive Waste Broker and Decontamination" contractor approved/recommended
by the Radioactive Materials Section associated with the CFHS-DPH.
Required Advanced Disposal to have all employees that worked on the site during the period the
waste was received, scheduled for medical monitoring to establish a health level baseline since
the exposures they experience from the waste received have placed them at an elevated risk for
lung and other cancers in the future years.
Require Advanced Disposal to provide on-going annual medical monitoring throughout the
lifetime of the employees where exposure has been confirmed based on the required site
assessment listed above. Also include all identified receptors including students and employees
at the school adjacent to and across the street from the entrance to the landfill.
Development of a remedial plan for the waste site, addressing either removal or containment in
place of the waste along with appropriate site monitoring and deed restrictions regulating the
future use of the site and any potential disturbances to the waste. {This will potentially affect
the exposure plan for the landfill!)
Landfills Statewide
Conduct an internal review {Solid Waste Branch) ofthe "Quarterly Waste Quantity Reports" for
all landfills in Kentucky for 2015 through first quarter of 2016.
From review of "Quarterly Waste Quantity Reports" identify all landfills that have received out
of state waste from counties or areas that are known as regions having high levels of 0 & G
/Fracking Activities.
Request all manifests [2015-lst Quarter of 2016] from the landfills identified in Item 2 above that
have potentially received TENORM and processed or concentrated TENORM.
If additional landfills are identified beyond those we are presently aware of as receiving
TENO RM or processed TENO RM, the next step is to request all the manifest from all landfills in
the state for 2015-lst Quarter of 2016].
For all landfills that been identified as receiving TE NORM/Processed TENORM, require a
contractor to conduct a screening site assessment to confirm that the landfill is presently safe
for operators and no one is exposed to an unacceptable level of radiation.
-
'
GP1204
(jeorge P. PartrUfee Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1205
19'om:
Maze, Rodney (EEC)

(EEC)
Sent:
To:
Cc:
Subject:
Rodney Maze
Rodney and Todd;
Waste Brokers & Decontamination Services" along with the website for NEFAP.
their services. I took the language used by the contractors, along with my knowledge from my work
activities I would like to see the Contractors conduct at the Blue Ridge Landfill.

Statewide Landfill Activities to Address TENORM on a statewide level.
with radionuclides and have historically focused on chemical contaminants during my career
work. There is some over-lap between the respective areas. I value you input.
I.-
the path forward to address TE NORM/Processed TE NORM disposal concerns facing our state.
I
!
1
I
L_____
GP1206
Thanks again!
George
Cell: 859-221-8843
site wm
- --A-Radiation Survey and Site Investigation (RSSi) for the-fancffillproperty

be c(inductedto
radiation sources from an analysis of underlying geology, The RSSI will include the waste disposal
sources.
negative.air containment enclosures to control and remove fugitive dust, particles, and airborne
ICRP {International Committee on Radiation Protection), ICRU {International Commission on
Radiation Units and Measurements), IRPA (The International Radiation Protection
Association) and the NEFAP {National Environmental Field Activities Program) for accreditation of
FSMOs {Field Sampling and Measurement Organization).
A QAPP {Quality Assurance Project Plan) will be submitted that encompasses all site work at the
Violation for refusal to provided requested manifests in a timely manner .
Violation for not reporting the out of state TE NORN/Processed TENO RM waste on Quarterly

2
GP1207
cell (providing adequate buffer distance) where the waste was placed from Fairmont Brine
future worker/community (school) exposure scenarios evaluating both radioactive and chemical
future use of the site and any f.JOtential disturbances to the waste. (This will potentially affect
Landfills Statewide
Conduct an internal review {Solid Waste Branch) of the "Quarterly Waste Quantity Reports" for
TENO RM or processed TENORM, the next step is to request all the manifest from all landfills in
For all landfills that been identified as receiving TENORM/Processed TENO RM, require a
GP1208
<;iearae P. PartridiJe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1209
flam:
Maze, Rodney (EEC)

Partridge, George (EEC); Maybriar, Jon (EEC)
(EEC)
Sent:
To:
Cc:
Subject:
Can we discuss this on Thursday after the Blue Ridge Landfill meeting?
Rodney Maze
Rodney and Todd;
their services. I took the language used by the contractors, along with my knowledge from my work

Action Items for Blue Ridge landfill
Statewide Landfill Activities to Address TENO RM on a statewide level.
H is easier for me to give you my detailed thoughts and let you two revise, edit, or delete the content
the path forward to address TENO RM/Processed TENO RM disposal concerns facing our state.
I,
GP1210
Thanks again!
George
Cell: 859-221-8843
-~--=.....c_~--------------~--~--
---~-~---~---
- -
- o
---~-~---
~---;.-
--------
------
----
-=-
----
-------~o------
sources.
ICRP (International Committee on Radiation Protection), ICRU (International Commission on
Violation for disposing ofunpermitted waste in landfill
Violation for not reporting the out of state TE NO RN/Processed TE NORM waste on Quarterly
the.dates Of July 24, 2015 and November 16, 2015.

2
GP1211
future use of the site and any potential disturbances to the waste. (This will potentially affect
the exposure plan forthe landfill!)
Landfills Statewide
Conduct an internal review (Solid Waste Branch) of the "Quarterly Waste Quantity Reports" for
TENORM or processed TENORM, the next step is to request all the manifest from all landfills in
For all landfills that been identified as receiving TENORM/Processed TENORM, require a
GP1212
(jeorge P. Partricfae Jr.

Frankfort, KY 40601
(502) 564;.6716 ext. 4651
GP1213
elm:
Sent:
To:
Subject:
Melton, Ken (EEC)

Tuesday, February 23, 2016 6:46 AM
RE: This week
George,
I can only tell you how I handled these "special" projects in the past, although none was as horrible or life altering as
this.
My advice to you is to ask Lindsey what he needs from you every Monday so that you can keep a rolling list. Also, make
note when you completed your assignments so that you can use it in your evals.
Then set aside the processed TENORM requests (send an email saying that you have assignments from your supervisor
that you must complete first and that you will get to them as soon as you can or have them contact Lindsey) till you have
finished what Lindsey wants done.
I would request to Lindsey and Danny that this TENO RM be placed on your work plan for this year as it looks like it will
not be handled by anyone else.
I'll be happy to say something to Danny if you would like.
To: Melton, Ken (EEC)

Subject: RE: This week
Hi Ken;
Thanks for being a friend and patient listener today as well as serving as my supervisor for this week.
I appreciate everyone listening patiently to my concerns regarding the disposal situation we are dealing with regarding
radioactive waste in our state.
As people respond I want to be supportive and help out in any way I can without neglecting my responsibilities regarding
our regular permitting and inspection activities.
I am happy to serve and be assigned to wherever I am most needed.
Thanks again for all the support you have expressed and your guidance.
Even though I am off tomorrow, please do not hesitate to call me anytime on my cell phone if a question or need arises .
e a nice day!
George
1
GP1214
From: Melton, Ken (EEC)

To: Nielsen, Jamie (EEC); Litchfield, Arline (EEC); Hendricks, Todd (EEC); Razavi, Mohammad (EEC); Partridge, George
(EEC)
Cc: Aldridge, Tabitha (EEC)
Subject: This week
Good morning,
Danny,askedthat I be acting wllife,Gndsey is out this week.
George sent me the list that Lindsey sent out last week of projects to be worked on.
Let me know if you want to send a letter or permit out this week.
Otherwise, I should be here all week so let me know if you need anything or if I can help in anyway.
Thanks,
Ken
GP1215
,,!m:
Sent:
To:
Cc:
Subject:

Tuesday, February 23, 2016 10:43 AM
Partridge, George (EEC); Maze, Rodney (EEC)
Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Melton, Ken (EEC)
George,
Thanks.
This is very good and very thorough, in my opinion. It is hard for me to add anything. I may be able to help regarding
geological issues with the site survey, however.
The only thing that I would like to see added would be specifics regarding enhanced groundwater, surface water, and
leachate monitoring for an expanded list of parameters based on the waste analysis. This monitoring could be either
short- or long-term (or both). It may be best to do this when the site survey is complete.
Regarding worker health, safety, and medical monitoring, I think you are completely correct. The only problem is that
we may not have the authority to do that within the context of a solid waste permit. We may need to talk to Daniel
about that.
~haps OSHA or CHFS need to pursue worker safety and health issues, but we need to ask them to figure out who has
~ biggest legal or regulatory stick regarding those matters.
Regards,
Todd

To: Hendricks, Todd (EEC); Maze, Rodney (EEC)
Cc: Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Melton, Ken (EEC)
Rodney and Todd;
Ridge Landfill, I first contacted Curt Pendergrass, Supervisor of the Radioactive Materials Section with the CFHS-DPH and
requested his input. He provide me a list of "Radioactive Waste Brokers & Decontamination Services" along with the
website for NEFAP.
I reviewed the web sites for each of the contractors, paying particular attention to how they described their services.
took the language used by the contractors, along with my knowledge from my work experience in human health and
ogical risk assessment, etc. and prepared a narrative of the activities I would like to see the contractors conduct at
Blue Ridge Landfill.
GP1216
The narrative I prepared is highlighted in red bold letters below. Below the narrative I have included the items that

It is easier for me to give you my detailed thoughts and let you two revise, edit, or delete the content down to a few
____ his:tQricalh1fQcusedon_chemicaLrnn.tamirij:u1t_s dL.Jringmy car~er wPrk. .. Tb~r.e issQJllE!_Qy~r:la_p l:>etw.e~n.tt:\gr~fill~_c;!iy~ .
to address TENO RM/Processed TENORM disposal concerns facing our state.
Thanks again for all you are doing and the support and encourage you both have been as I work on this area of concern
shared by us all.
Thanks again!
George
Cell: 859-221-8843
during site activities to prevent the spread of contamination from designated work areas.
All monitoring activities and analyses will be conducted by licensed laboratories. All contractors will follow
....
..
2
GP1217
part of the abo~e describe work .

Blue Ridge landfill [NOV Items]
Violation for not reporting the out of state TE NO RN/Processed TENORM waste on Quarterly Waste Received
November 16, 2015.
Blue Ridge landfill [Action Items]
future years.
Landfills Statewide
GP1218
If additional landfills are identified beyond those we are presently aware of as receiving TE NORM or processed . .
(jeorge P. Partridge Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
..
4
GP1219
To:
Subject:

Tuesday, February 23, 2016 12:09 PM
Partridge, George (EEC); Anderson, Danny J (EEC)
Blue Ridge Landfill worker exposure
Hello gentlemen,
Quick question. Can you all give me a better idea of how the Fairmont Brine Processing TENORM contaminated sludge
was handled at Advanced Disposal Solutions Blue Ridge Landfill? I know you said the material was used as alternate daily
cover but what I need to know is how long do you think it took to spread all of that material? Are we talking days, weeks
or months? I would assume that it would take long to spread the material but that is just a guess. The reason I ask is that
we getting to contact REAC/TS in Oak Ridge and get the opinions of the world renowned experts on internal dosimetry.
We have the results of the Pace Analytical Labs to share with them (which probably underestimate the concentrations of
Ra-226/228) but what I don't know is how long did it take to spread this material, how many hours were the landfill
workers actually doing this work, did any landfill workers spend additional time in the vicinity of materials, etc. Basically
we need to develop a worst case time and distance and potential intake model to share with the fine folks at REAC/TS.
And given the fact that it was summer, I would assume the material was fairly dry and that inhalation of airborne
particulate matter by the landfill workers spreading this material or those workers in the vicinity when the material was
being spread is a concern. ln'my mind we are looking at both the gamma exposure pathway which is time and distance
dependent and the inhalation pathway which may by activity and meteorological condition dependent. We might even
be able to make the argument that the TENORM contaminated material was spread in July and August before the high
school and middle school students started classes in August 2015. But again, the more information you all can give me
. h o w this material was handled and how landfill workers might have been exposed both externally and internally, the
better the information the experts at REAC/TS will be able to give us.
Thanks,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Dispose of ur~anted sources http://www.crcpd.org/StateServices/SCATR.aspx
GP1220
To:
Subject:

Partridge, George (EEC); Anderson, Danny J (EEC)
Blue Ridge Landfill worker exposure
Hello gentlemen,
being spread is a concern. In my mind we are looking at both the gamma exposure pathway which is time and distance
be able to make the argument that the TENO RM contaminated material was spread in July and August before the high
~ool and middle school students started classes in August 2015. But again, the more information you all can give me
how this material was handled and how landfill workers might have been exposed both externally and internally, the
WI!"
Thanks,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky .govI dph/ radioactive .htm
Dispose of u~anted sources http:Uwww.crcpd.org/StateServices/SCATR.aspx
UnafliiJ/S~.
IY;t,'4.-~r..Y
r1At11Ar1m~11iJU.lf.!
GP1221
-m:
Sent:
To:
Cc:
Subject:

Weems, George (EEC)
FW: Blue Ridge Landfill worker exposure
G. Weems:
Do you have any reliable information that this material from Fairmont brine was used as a daily cover material? Or is the
site denying that is was used for that purpose? See below ....

To: Partridge, George (EEC); Anderson, Danny J (EEC)
Subject: Blue Ridge Landfill worker exposure
Hello gentlemen,
Quick question. Can you all give me a better idea of how the Fairmont Brine Processing TENO RM contaminated sludge
~getting to contact REAC/TS in Oak Ridge and get the opinions of the world renowned experts on internal dosimetry.
have the results of the Pace Analytical Labs to share with them (which probably underestimate the concentrations of
be able to make the argument that the TE NORM contaminated material was spread in July and August before the high
on how this material was handled and how landfill workers might have been exposed both externally and internally, the
9111'
Thanks,

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
502-564-1492
ail: curt.pendergrass@ky.gov
Website: http :ljwww.chfs.ky .govId ph/rad ioactive .htm
1
GP1222
To:
Subject:
Lindsey & Debbie Briggs <ldbriggs@bellsouth.net>

TENO RM
George,
Any progress at Blue Ridge?
Lindsey
GP1223

. .m:
Sent:
To:
Cc:
Subject:
Weems, George (EEC)

RE: Blue Ridge Landfill worker exposure
Do not know right now. When we get the manifests we can total it up and according to Dan Fleshour, those won't be
here until Friday (probably) but he'll hand deliver them. George has the figures so far on the Fairmont Brine TENORM
and Green Hunter and knows what he's looking for. Last time I heard of TENO RM was back in the early 90's when they
were trying to scrap "hot" metal. I think George is trying to figure out the Marion County source. Marion County Ohio
is North of Columbus. Blue Ridge disposed 755 tons of "Marion" alternate daily cover (listed under Kentucky counties)
during the third quarter 2015 and Marion County OH has a website devoted to fracking locations in Marion County. I
don't know why Marion county KY would bypass Benson Valley to go to Blue Ridge. Noble Ohio (on the WQR) is a really
large scale fracking area about 30 miles from Pennsylvania and they disposed of 86 tons of "alternate daily cover". It's
.!~~D}E.!!1.~.~gh_;__L~~~-~_u_pJ_~ a~~~-~~~~!!i'!:: . . .~.~-~.~. ~.!~~-~~L th~.. ~.~~~~~i~-~-~-!.~~- ~-~E!~E~.L~.~a,-~I-~?-~.~!i?.~~.:_. --- . ---

Sent: Tuesday, February 23, 2016 12: 16 PM
Cc: Partridge, George (EEC); Maybriar, Jon (EEC)
Subject: FW: Blue Ridge Landfill worker exposure
G. Weems:
you have any reliable information that this material from Fairmont brine was used as a daily cover material? Or is the

Hello gentlemen,
or months? I would assume that it would take Jong to spread the material but that is just a guess. The reason I ask is that
.endent and the inhalation pathway which may by activity and meteorological condition dependent. We might even
ble to make the argument that the TENO RM contaminated material was spread in July and August before the high
1
GP1224
Thanks,
Mailstop HSlC-A
Frankfort, KY 40621
. CJ~L291:~~64-I[Q_O ~JSL4_i?~
Fax: 502-564-1492
V.ou~
IEt.fJ!J_.
..Y
f'.AD1ATiot,~AH~t:n1
GP1225
om:
Sent:
To:
Subject:
Weems, George (EEC)

Alternate daily cover, Marion
You did notice that 47-16 ton loads could logically explain the 756 tons alternate daily cover for "Marion". They'd have
to use the equivalent to a coal hauling trailer. I can't imagine them hauling a roll off down to the BR Landfill.
GP1226
--~-~
-om:
Sent:
To:
Subject:
Weems, George (EEC)

Wednesday
Is there likely to be anything tomorrow you'll need me for? I'm going to do some Hazardous waste inspections in
between our sessions on the landfill.
GP1227
-om:
Sent:
To:
Subject:

Wednesday, February 24, 2016 8:14 AM
Weems, George (EEC)
RE: Wednesday
George;
Danny and Ken are having me get caught up on permit reviews that were put on hold while I worked on the TENORM
concerns.
We can take this opportunity to get caught up on our regular work.
Thank you and have a nice day!
George

Subject: Wednesday
Is there likely to be anything tomorrow you'll need me for? I'm going to do some Hazardous waste inspections in
- w e e n our sessions on the landfill.
GP1228
.Aom:
.-;:nt:
To:
Subject:

Weems, George (EEC)
RE: Alternate daily cover, Marion
George;
Yes I noticed this. But I am pushing the point that Billy keeps denying that can be the waste since he would never use it
as alternate daily cover.
Based on what we observed at the site on our survey measurements and on the soil sample - the contamination is
widespread and on the surface of the landfill.
Either way, the waste was not documented accurately.
I also saw only 1.24 tons of wastes from the Norwich, Ohio area and multiple firms are shipping that waste to Kentucky
for disposal at Blue Ridge. Billy and Dan have been withholding that information which would likely confirm additional
waste was not reported.
I want to see an NOV for not reporting the waste on the Quarterly Waste Received Report form.
I also totaled the cubic yards reported and that would indicate an amount significantly above the 756 tons.
9'orgeP.

Subject: Alternate daily cover, Marion
GP1229
aAom:
To:

'Lindsey & Debbie Briggs'
Subject:
RE: TENORM
..-;:mt:
Lindsey;
Tony Hatton, Danny Anderson, Jon Maybrair, and April Webb are following up on this at the moment.
At Danny's request I am presently devoting my time this week to Central Kentucky and reviews associated with our
regular permitting activities.
Have a nice week!
George
-----Original Message----From: Lindsey & Debbie Briggs [mailto:ldbriggs@bellsouth.net]
Subject: TENORM
1-orge,

Lindsey
GP1230
;~~:
To:
Subject:

Danny;
This radiation levels we measured on the surface of the cell were fairly uniform with two areas slightly
elevated. Surface soil samples taken in the ice and snow that were analyzed on a wet basis showed levels of pCi/g at
6+. On a dry basis the levels would have been much higher.
There is every indication, based on both the Quarterly Quantity Waste Received Reports and what we observed at the
site that there is surface soil contaminated with TENORM.
George

Subject: FW: Blue Ridge Landfill worker exposure
aii..weems:
~you have any reliable information that this material from Fairmont brine was used as a daily cover material? Or is the

Hello gentlemen,
Quick question. Can you all give me a better idea of how the Fairmont Brine Processing TE NORM contaminated sludge
Mndent and the inhalation pathway which may by activity and meteorological condition dependent. We might even
1
GP1231
Thanks,
~~il~t?_ll_~~1C-,L\__ __ ___
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Pay your fees on line at https://prd.chfs.ky,gov/rad epay/
Vn(U~
~t.~.-. .V
P.>\tiJ,l\TlO'N~H~AtlH
GP1232

. .m:
Sent:
To:
Cc:
Subject:
Attachments:
Partridge; George (EEC)

Blue Ridge Landfill - Address.docx
Curt;
The waste from Fairmont Brine Processing was received from July into November. Please see an aerial view of the school
across the street. There are athletic facilities. There was potential site contamination from windblown dust. The trucks
enter and leave across the street from the school.
When you see the size of the public facilities across from the landfill, we need to consider the exposure of those that
used the facilities and offices during the entire exposure period.
Company management including the landfill operator have been withholding information from us that they are legally
required to submit and telling our management what was reported on the forms is different than the records that have
been provided to us.
I plan to work with our field office inspectors to develop an on-site exposure scenario.
- a n c e d Disposal who manages Blue Ridge has been obstructing our investigation on what happened.
Thank you,
George

Hello gentlemen,
we need to develop a worst case time and distance and potential intake model to share with the fine folks at REAC/TS .
given the fact that it was summer, I would assume the material was fairly dry and that inhalation of airborne
iculate
matter by the landfill workers spreading this material or those workers in the vicinity when the material was
1
GP1233
on how this material was handled and how landfill workers might have been exposed both externally and internally, the&..
....
Thanks,
- ~~DJUC~YE~~-@JJQ11li~~lth ~-r<li:ish _
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Va~---~
1w.d!JJ_:!I
f'.ftl.t1t\T!ON&H~Jli1.:n1
GP1234
-m:

Sent:
To:
Subject:
Todd;
Thank you,
George

To: Partridge, George (EEC); Maze, Rodney (EEC)
Subject:
George,
Thanks.
This is very good and very thorough, in my opinion. It is hard for me to add anything. I may be able to help regarding
-logical issues with the site survey, however.
The only thing that I would like to see added would be specifics regarding enhanced groundwater, surface water, and
leachate monitoring for an expanded list of parameters based on the waste analysis. This monitoring could be either
short- or long-term (or both). It may be best to do this when the site survey is complete.
Regarding worker health, safety, and medical monitoring, I think you are completely correct. The only problem is that
we may not have the authority to do that within the context of a solid waste permit. We may need to talk to Daniel
about that.
Perhaps OSHA or CHFS need to pursue worker safety and health issues, but we need to ask them to figure out who has
the biggest legal or regulatory stick regarding those matters.
Regards,
Todd

To: Hendricks, Todd (EEC); Maze, Rodney (EEC)
lject:
.Rodney and Todd;
GP1235
Ridge landfill, I first contacted Curt Pendergrass, Supervisor of the Radioactive Materials Section with the CFHS-DPH and
requested his input. He provide me a list of "Radioactive Waste Brokers & Decontamination Services" along with the . . .
website for NEFAP.
~
I reviewed the web sites for each of the contractors, paying particular attention to how they described their services. I
took the language used by the contractors, along with my knowledge from my work experience in human health and
ecological risk assessment, etc. and prepared a narrative of the activities I would like to see the contractors conduct at
the Blue Ridge landfill.
i
I
--
-.~.-
.. ~----~~~~-
""-=~----~~~--------
-------
----=---- ;---'---'-.--'---~=~-----~--"~.,>.----~'--"~--~--
--------=--~- ----
The narrative I prepared is highlighted in red bold letters below. Below the narrative I have includecTthe items that-~
NOV Items for Blue Ridge landfill

Action Items for Blue Ridge landfill
Statewide landfill Activities to Address TENORM on a statewide level.
It is easier for me to give you my detailed thoughts and let you two revise1 edit, or delete the content down to a few
historically focused on chemical contaminants during my career work. There is some over-lap between the respective
to address TENORM/Processed TE NORM disposal concerns facing our state.
Thanks again for all you are doing and the support and encourage you both have been as I work on this area of concern
shared by us all.

Thanks again!
George
Cell: 859-221-8843

from Fairmont Brine Process). Internal. radiation dosimetry from radionuclides will be assessed for all exposure.
GP1236
. . during site activities to prevent the spread of contamination from designated work areas.
All monitoring activities and analyses will be conducted by licensed laboratories. All contractors will foHow
Blue Ridge Landfill [NOV Items)
Violation for not reporting the out of state TENORN/Processed TENO RM waste on Quarterly Waste Received
November 16, 2015.
: - e Ridge Landfill [Action Items]
future years.
GP1237
potential disturbances to the waste. (This will potentially affect the exposure plan for the landfill!}
Landfills Statewide
Conduct an internal review (Solid Waste Branch} of the "Quarterly Waste Quantity Reports" for all landfills in
_ ErQ!Jl_r~yie~of "Q!Jarterly \N_aste quantity Reports" identify all landfills that have receivedout of state waste
from- cou-nti~s-o-~-areast-hatar~~kno"11~-as-regio-ns having-high-le-vels -ofo& G/Fracklng7~ctfvfties:- -~-- --
Request all manifests [2015-lst Quarter of 2016) from the landfills identified in Item 2 above that have
TE NORM, the next step is to request all the manifest from all landfills in the state for 2015-lst Quarter of 2016).
(ieorge P. PartridtJe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1238
-m:

Maze, Rodney (EEC)
Sent:
To:
Subject:
Rodney;
Thursday would be great!
Thank you!
George
From: Maze, Rodney (EEC)

To: Partridge, George (EEC); Maybriar, Jon (EEC)
Cc: Hendricks, Todd (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Melton, Ken (EEC)
Subject: Re: Norm and Processed TENORM - Path Forward
Can we discuss this on Thursday after the Blue Ridge Landfill meeting?
Rodney Maze
Rodney and Todd;
their services. 1. took the language used by the contractors, along with my knowledge from my work
experience in hurnan health and ecological risk assessment, etc. and prepared a narrative of the

1
GP1239
the path forward to address TENO RM/Processed TENO RM disposal concerns facing our state.
-~ -~..-.--------~-~-
-- ----
~-~----~- --~.
--~-"-"--"--"-~~-o ..~~-
---
------ ----"---'--
---
--
1will be at a workshop all day Tuesday in the Bowling Green area. Feel free to call m~e anyffme.on rn~y~
.... ~--~

Thanks again!
George
Cell: 859-221-8843

sources.
ICRP (International Committee on Radiation Protection), ICRU (International Commission on
2
GP1240
--------------
-------
Violation for not reporting the out of state TENO RN/Processed TENO RM waste on Quarterly
Blue Ridge Landfill [Action Items)
to dete.rmine the level and extent of the contamination at the site and construct/assess past and
future use of the site and any potential disturbances to the waste. (This will potentially affect
Landfills Statewide
Conduct an internal review (Solid Waste Branch) of the "Quarterly Waste Quantity Reports" for
GP1241
TENO RM or processed TENO RM, the next step is to request all the manifest from all landfills in
the state for 2015-lst Quarter of 2016).
For all landfills that been identified as receiving TE NORM/Processed TENORM, require a
Based on the results above, develop a .plan similar to Blue Ridge as needed.
(jear9e P. Partritfee Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1242
#_om:
Sent:
To:
Cc:
Subject:

RE: Protecting LF Operators at Blue Ridge Landfill
Curt;
Should someone like OSHA, etc. look into the protection and well-being of the operators that handled and managed the
TENO RM waste from Ohio and the waste from Fairmont Brine Processing?
The.operators were likely not wearing the proper PPE for handling this type of waste.
I am also very concerned that this is an active landfill that has been contaminated with an unpermitted waste and
workers are placing and managing waste on a daily basis as we correspond and investigate this situation.
Who has the authority to investigate worker safety at this landfill?
Who needs to be contacted?
Look forward to your guidance and feedback .
ankyou,
George
{ieorge P. PartrUfee Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1243
-m:

Pendergrass, Curt (CHFS DPH); Anderson, Danny J (EEC); Briggs, Lindsey (EEC)
Hendricks, Todd (EEC); Higginbotham, Jeri (EEC); Garrity, Patrick (EEC)
FW: KY Landfill Concern
Sent:
To:
Cc:
Subject:
For your information.

I was attempting to learn more about the shipments we have been receiving from Ohio since Advanced Disposal has not
provided that information to us.
George
From: Stephen.Helmer@odh.ohio.gov [mailto:Stephen.Helmer@odh.ohio.gov]

Cc: Hatton, Tony (EEC); Maybriar, Jon (EEC); Anderson, Danny J (EEC); Beth.Pratt@dnr.state.oh.us;
Ron.Trivisonno@dnr.state.oh.us; Rebecca.Fugitt@odh.ohio.gov; Michael.Snee@odh.ohio.gov;
Chuck.McCracken@odh .oh io.gov
.e
George,
appreciate hearing any concerns Kentucky may have.

Industry.
Mr. Hoskins indicated he had a website, but he took it down last Friday. He's getting questions, but admitted ;'it'sjust a
website" and he put a number of things on it that may not reflect what he does.
from pursuing it.
Ron Trivisonno.
Sincerely,
.,ree,.
-;?lefme,z
GP1244

614-728-3611
h.
.
.
0 .._.IG
t>opattment of Haallh


Steve;
Thank you so much for calling today and allowing us to share our concerns regarding shipments ofTENORM to our
Advanced TENORM Services (also associated with BES, LLC and BES Technical Solutions, LLC) and his activities
this email message.
./ Copy of the web pages from Advanced TENORM Services and LLC information .
TENO RM Services (individual sitting at table we understand is Cory Hoskin's brother. Cory is standing in the
Materials Section)
./ Fairmont Brine Processing Disposal Plan (waste we are particularly concerned about that was disposed of at Blue
Ridge Landfill in Irvine, KV)
./ Analytical results from Advanced TE NORM Services that was provided to Republic Services who manages Green
We appreciate the interest you are taking in our concerns regarding the disposal of TENO RM here in Kentucky. We
landfill. Preliminary site surveys indicates this took place but a more detail site survey and sampling protocol in the
management of TE NORM waste in Ohio and most of all protect the well-being and health of the operators and manage.
GP1245
------
--------------~
Thank you again,

~incerely,
~eorge
{ieorge P. PartridfJe Jr., Pfi'D, P.'E., Q..'EP
Frankfort, KY 40601
(502) 564-6716 ext. 4651

Hi George,
.ease send what you can to better understand your concerns.
614-728-3611
delete this e-mail.
GP1246
-m:

Higginbotham, Jeri (EEC); McKinley, Matthew W (CHS-PH)
Sent:
To:
Cc:
Subject:
Thank you George for the status update. I am disappointed and quite frankly surprised to learn that the landfill
operator, Advanced Disposal Solutions, has been reluctant to provide requested information and going so far as to
obstruct your investigation. When we met with Mr. Dan Fleshour, East Region Compliance Manager for ADS at our
office here in Frankfort, he seemed genuinely concerned about the health and welfare of his employees at Blue Ridge
Landfill who may have been exposed both externally and internally from this Fairmont Brine waste. But now that we
know it took from July to November to deplete this FBP wastes as alternate daily cover, we can at least derive a rough
estimate as to the time frame. Knowing the working conditions of the land fill employees (e.g. how did they spread the
cover, did they spend time on the cover after spreading, how many hours a week did they work, etc.) we can at least
begin to build a model for the worst case scenario conditions for their dosimetric evaluation. The experts at REAC/TS will
most definitely be a resource we can lean on. If you and your team are going to be making another site visit to Irving to
talk to ADS employees, please let me know and I will send an inspector along as well to help in the investigation.
Thanks again for all your help.

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502~564-1492
V.D~
..
'A
l\f:!t..'Y ........ ' .

fclAf:tiA1JON.}JJMt. 'rH
Sent: Wednesday, February 24, 2016 8:41 AM

Subject: RE: Blue Ridge Landfill worker exposure

Curt;
~waste from Fairmont Brine Processing was received from July into November. Please see an aerial view of the school
~ss the street.
There are athletic facilities. There was potential site contamination from windblown dust. The trucks
1
GP1247
- - -
-----
- -
---- Advanced Disposal who manages Blue Ridgehasbeen obstructing our investigation on what happened.
Thank you,
George

Hello gentlemen,
we getting to contact REAC/TS in Oak Ridge and get the opinions of the world renowned experts on internal dosimetry. ~
We have the results of the Pace Analytical Labs to share with them (which probably underestimate the concentrations o'f9"
Thanks,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http:f/www.chfs.ky.gov/dph/radioactive.htm
2
GP1248

e o.f. u.n.!'a. nted sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
tulJt:~
.
. ~-,..Y
T'J\tll/.\ilt>Fat-t!EJU.:fH
GP1249
To:
Subject:

Re:TENORM
Has there been an acceptance of authority by someone?

Lindsey
>On Feb 24, 2016, at 8:23 AM, Partridge, George (EEC) <George.Partridge@ky.gov> wrote:
>
>Lindsey;
>
>Tony Hatton, Danny Anderson, Jon Maybrair, and April Webb are following up on this at the moment.
>
>At Danny's request I am presently devoting my time this week to Central Kentucky and reviews associated with our
>
>Have a nice week!
>
.George
> -----Original Message----> From: Lindsey & Debbie Briggs [mailto:ldbriggs@bellsouth.net]
>Sent: Tuesday, February 23, 2016 1:53 PM
>To: Partridge, George (EEC)
>Subject: TENO RM
>
>George,
>
>Any progress at Blue Ridge?
>
>Lindsey
GP1250
-m:

RE: RE: Protecting LF Operators at Blue Ridge Landfill
Sent:
To:
Cc:
Subject:
Hello George,
My go to person in KY OSH is Ms. Kristi Redmond. If there are potential OSHA concerns regarding PPE, Kristi would know.
Kristi Redmon, CIH CSP
Health Standards Specialist
Kentucky Labor Cabinet
1047 US Highway 127 South Ste. 4
Frankfort, KY 40601
502-564-3504
Kristi. Red mon@ky.gov
www.kylabor.gov
Regards,
.ervisor, Radioactive Materials Section
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Dispose of unwanted sources http:ljwww.crcpd.org/StateServices/SCATR;aspx
Vnu
~~t/!J-.w:!l
f'Ji.tlltfflO:f\l/A.MEAt.TH

Cc: Hendricks, Todd (EEC)
Subject: RE: Protecting LF Operators at Blue Ridge Landfill

Curt;
. u l d someone like OSHA, etc. look into the protection and well-being of the operators that handled and managed the
TENORM waste from Ohio and the waste from Fairmont Brine Processing?
1
GP1251
The operators were likely not wearing the proper PPE for handling this type of waste.
Thank you,
George
(jeorge P. PartridfJe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1252
-m:
Sent:
To:
Subject:

Pendergrass, Curt {CHFS DPH)
Curt;
We should interview the operators at the site.
Also if it was used for alternate daily cover each load was spread and moved serval times over a multiple day period as
additional waste was received at the landfill. That means 47 days accepting the waste with increased number of days of
exposure time.
Mr. Fleshour stated to our management that all Advanced Disposal was told was that the waste was only "soil and
debris."
The waste Profile Sheets that the operator at the landfill gave stated the following:
"Name of Waste 0 & E Exploration and Production Waste Solids and Debris" (Solids, not soil)
"Process of Generating Waste Oil and Gas Production and Exploration Soil and Filter Socks - Exempt"
"Special Handling Instruction or Other Waste Data Waste Exempt per 40 CFR 261.4(b)(S
also in the meeting mentioned requirements that Advanced Disposal has to meet in PA regarding TENORM. Surely
he knows what "Filter Socks" refers to as well as the exemption cited.
I'
Dan also has asked me to provide him a list of the companies we are investigating for his reference, while at the same
time he is withholding the requested manifest for the landfill activities.
The day that Chris and I visited Advanced TENROM Services in West Liberty, Rodney Maze and I paid an unannounced
visit that afternoon to Republic's Green Valley Landfill in the Ashland area. Within three hours after arrival, we left there
with all the copies of the manifests we requested and received full cooperation from Republic.
Advanced Disposal would not show or provide any of the manifests the day Chris, George Weems and I made a site visit
there. We got some manifests for Fairmont Brine since then, but they are withholding information on the other
companies that the operator informed us that were shipping TENO RM waste from Ohio. This is a violation and deserves
an NOV!
When we do get the records I am concerned that they will not be complete and I will never know what was not
submitted since we already know the Quarterly Waste Received Reports did not report the waste disposed of at the
landfill. I will have nothing to check it against.
When we visit landfills unannounced, they are required to produce records as requested for the last three years at our
request for our inspection. The reason for not putting in a request is to prevent them from alternating the records
before they are provided to us to hide a concern from our investigation .
. .anced Disposal is not cooperating with us. If I remember correctly, Dan said their lawyers were contacted the day
we were at the site when they learned the reason for our site visit. Why haven't they addressed the workers? The
morning I visited the site and requested the manifest, Billy told me he put in a call to upper management after we {Chris,
1
GP1253
George, Arline, and I) went out to survey the site. Later in the day Billy the operator refused to give me any
records. Was that a result of the lawyers that were contacted the same day according to Dan? An NOV for not
providing that information is nothing compared to the legal ramifications those records might show and the resulting
liabilities.
We are up against a major waste disposal corporation that is nationwide and have operations in states that regulate
TE NORM. They are not cooperating and we may never know the full story. If it was not for Jason Frame in West Virginia
sharing information about the shipment and Cory Hoskins admitting it to us when we met with him, the records that
Advanced Disposal reported on their required waste reports to our Division would have never indicated what they have
... done.
Thank you again for all you are doing!
George

Cc: Higginbotham, Jeri (EEC); McKinley, Matthew W (CHS-PH)

Thank you George for the status update. I am disappointed and quite frankly surprised to learn that the landfill
operator, Advanced Disposal Solutions, has been reluctant to provide requested information and going so far as to
obstruct your investigation. When we met with Mr. Dan Fleshour, East Region Compliance Manager for ADS at our
office here in Frankfort, he seemed genuinely concerned about the health and welfare of his employees at Blue Ridge
Landfill who may have been exposed both externally and internally from this Fairmont Brine waste. But now that we
know it took from July to November to deplete this FBP wastes as alternate daily cover, we can at least derive a rough
estimate as to the time frame. Knowing the working conditions of the land fill employees (e.g. how did they spread the
cover, did they spend time on the cover after spreading, how many hours a week did they work, etc.) we can at least
begin to build a model for the worst case scenario conditions for their dosimetric evaluation. The experts at REAC/TS will
most definitely be a resource we can lean on. If you and your team are going to be making another site visit to Irving to
talk to ADS employees, please let me know and I will send an inspector along as well to help in the investigation.
Thanks again for all your help.

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Dispose of un_!Vanted sources http:/lwww.crcpd.org/StateServices/SCATR.aspx
z..'.
n."tZJ!~'!S,
r41.ti!ATlv~AH~.t1H
2
GP1254

e!
Curt;
The waste from Fairmont Brine Processing was received from July into November. Please see an aerial view of the school
across the street. There are athletic facilities. There was potential site contamination from windblown dust. The trucks
Advanced Disposal who manages Blue Ridge has been obstructing our investigation on what happened.
Thank you,
____
George
..
,,,,,,,,,,, ,,,,,,,,,
_____,,,,,,,,,,,,,,,,,~,,, "'''"~-"'~-'"''"'"''''''-
'""'''''"''"''''"''"'''""'

Hello gentlemen,
.......ool and middle school students started classes in August 2015. But again, the more information you all can give me
~ow this material was handled and how landfill workers might have been exposed both externally and internally, the
Thanks,
3
GP1255

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
. E~mail: curt.pendergrass@ky.gov.
Website: http://.www.chfs.ky.gov/dph/radioactive.htm
'Yaa*-U~
~~.t.i<~ni,
:r-.AnJt.moN,J.:1~.t.~rn
GP1256
Cc:
Subject:

Hi Curt;
Are you going to follow up with her or do we contact her?
George

Subject: RE: RE: Protecting LF Operators at Blue Ridge Landfill
Hello George,
My go to person in KY OSH is Ms. Kristi Redmond. If there are potential OSHA concerns regarding PPE, Kristi would know .

Frankfort, KY 40601
502-564-3504
Kristi.Redmon@ky.gov
www.kylabor.gov
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
otified o.f propo. sed regulation changes https:Usecure.kentucky.gov/Regwatch/
ose of unwanted sources http://www.crcpd.org/StateServices/SCATR.aspx
..
Unn..~
~t."lyj_:!J
~Att!J\fi!J:ttHMLTM
1
GP1257

Curt;
Sh_()~l~soin_eone~ike OSH~, etc. lo()~ i~_t() th~_pr()tection and well-being ofthe_()f>erator~ tha_t handled and mariag~~_!h~
Look forward to your guidance and feedback.
Thank you,
George
<george P. Partritfge Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1258
To:
Subject:

RE: TENORM
Lindsey;
Not that I am aware of. There are on-going discussions with upper management and our attorneys.
George
Subject: Re: TENORM
Has there been an acceptance of authority by someone?
Lindsey
. n Feb 24, 2016, at 8:23 AM, Partridge, George (EEC) <George.Partridge@ky.gov> wrote:
>
>Lindsey;
>
>
>
> Have a nice week!
>
>George
>
>-----Original Message----> From: Lindsey & Debbie Briggs [mailto:ldbriggs@bellsouth.net]
>Subject: TENORM
>
>George,
>
ndsey
GP1259
To:
Cc:
Subject:

Feel free to give her a call George. I am up to my neck dealing with other fires at the moment.
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Website: http://www.chfs.ky .govId ph/radioactive. htm
Dispose of ~r:.wan~ed sources http://www.crcpd.org/StateServices/SCATR.aspx
~P!'JIJ), '
~"'Z~0')'~,H!AL'l'M

Hi Curt;
George

Hello George,
- g o to person in KY OSH is Ms. Kristi Redmond. If there are potential OSHA concerns regarding PPE, Kristi would know.
1
GP1260

Frankfort, KY 40601
502-564-3504
www.kylabor.gov
Regards,
CYrLPend~rgrnss PhD~..

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
z.'Aidfl ,;,?;r~
~~j!';;C..~
fW.OJ,tfi"IO'NJ1i!AI.. r.H

Curt;
..
Thank you,
George
<;ieorge P. PartrUfge Jr.

2
GP1261

ankfort, KY 40601
( 02) 564-6716 ext. 4651
GP1262
'5:.,;,=

To:
Subject:
Curt;
I will be glad to!
I just want to be sure what we pursue within our Division observes and respected the authority and areas that your
Branch and cabinet address and that specifically whatever I am involved with, that you are informed and in agreement.
It is a pleasure to know and work on this with you. I want all that I do to compliment all that you are doing and that I
move forward appropriately.
Thapks again for everything!
George

..l/I.= Partridge, George (EEC)

~ Hendricks, Todd (EEC)

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http:ljwww .chfs.ky .gov Id ph/radioactive. htm
m:
e!
~.
t: Wednesday, February 24, 2016 9:40 AM
To.

1
GP1263
Hi Curt;
George

. - To: .ear:tridge,.George {EEC) .
_.. ~ ..

Hello George,
My go to person in KY OSH is Ms. Kristi Redmond. If there are potential OSHA concerns regarding PPE, Kristi would know.
Frankfort, KY 40601
502-564-3504
Kristi.Redmon@kv.gov
www.kylabor.gov
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Dispose of unwanted sources http:Uwww.crcpd.org/StateServices/SCATR.aspx
~~
l(rpJii!!J
P.A~J.l.\noraHif:1LTH


Curt;
GP1264
f l i e operators were likely not wearing the proper PPE for handling this type of waste.
Thank you,
George

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1265
Subject:

FW: RE: Protecting LF Operators at Blue Ridge Landfill
Todd;
When you are available, let' make a conference call to the individual that Curt has referred us to.
Thank you,
George

~rt Pendergrass PhD
~ervisor, Radioactive Materials Section

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Ken . ~)
.
. :~"1ii

lurt;

George
1
GP1266

Hello George,

Frankfort, KY 40601
502-564-3504
www .kylabor.gov
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Dispose of u~"~nted sources http://www.crcpd.org/StateServices/SCATR.aspx
Kt!J!ll~
r~ttlATltiNH~it~rn


Curt;
TENO RM waste from Ohio and the waste from Fairmont Brine Processing?
GP1267
-----
----
--
---------
# o has the authority to investigate worker safety at this landfill?

Thank you,
George
~eorgeP.PartridgeJ~
Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1268

m:
Sent:
To:
Cc:
Subject:

Maybriar, Jon (EEC)
Hendricks, Todd (EEC); Nielsen, Jamie (EEC); Anderson, Danny J (EEC); Maze, Rodney
(EEC); Melton, Ken (EEC); Briggs, Lindsey (EEC)
RE: Blue Ridge Follow Up Meeting on Thursday, February 25th
Jon;
Please include Todd Hendricks and Jamie Nielsen in the meeting for this Thursday to follow up with Blue Ridge.
Todd has met with the DPH on this matter with me and is very informed and knowledgeable concerning all that has
taken place. His expertise on NORM/TENO RM and the geology of the site will be extremely important as we move
forward.
Jamie brings a wealth of understanding of the regulatory process and the actions we can take to facilitate getting the
information that has been withheld from us by Advanced Disposal that is hindering the investigation and in the
meantime placing more individuals at risk.
I am feeling overwhelmed by all that has happened and the lives (operators, community, school) that will be potentially
shortened and adversely affected by the exposures resulting from the disposal of an unpermitted radioactive waste in a
~dfill. The latency period between exposure and quantifiable health effects is typically 10-40 years dependent on the
~ of the individual when the exposure first occurred (age affects cell replication rate and impact on DNA damage
leading to increased cases of lung and bone cancers).
It would be very helpful if those I work with and provide guidance and help on a daily basis are included as we move
forward with the project to address Blue Ridge Landfill and Advanced Disposal.
Thank you for considering my request!
George

200 Fair Oaks lane; 2nd Floor (SWB)
Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1269
rom:
, Sent:
To:
Subject:

Maybriar, Jon (EEC)
RE: Blue Ridge Follow Up Meeting on Thursday, February 25th
Jon;
Thank you so much!
Hope your day goes well!
George
From: Maybriar, Jon (EEC)

Cc: Hendricks, Todd (EEC); Nielsen, Jamie (EEC); Anderson, Danny J (EEC); Maze, Rodney (EEC); Melton, Ken (EEC);
Subject: Re: Blue Ridge Follow Up Meeting on Thursday, February 25th
George
a9ase invite them and anyone else that needs to be in the meeting
~nt from my iPhone
On Feb 24, 2016, at 10:41 AM, Partridge, George (EEC) <George.Partridge@kv.gov> wrote:
Jon;
Please include Todd Hendricks and Jamie Nielsen in the meeting for this Thursday to follow up with Blue
Ridge.
Todd has met with the DPH on this matter with me and is very informed and knowledgeable concerning
all that has taken place. His expertise on NORM/TE NORM and the geology of the site will be extremely
important as we move forward.
Jamie brings a wealth of understanding of the regulatory process and the actions we can take to
facilitate getting the information that has been withheld from us by Advanced Disposal that is hindering
the investigation and in the meantime placing more individuals at risk.
I am feeling overwhelmed by all that has happened and the lives (operators, community, school) that
will be potentially shortened and adversely affected by the exposures resulting from the disposal of an
unpermitted radioactive waste in a landfill. The latency period between exposure and quantifiable
health effects is typically 10 - 40 years dependent on the age of the individual when the exposure first
occurred (age affects cell replication rate and impact on DNA damage leading to increased cases of lung
and bone cancers).
It would be very helpful if those I work with and provide guidance and help on a daily basis are included
as we move forward with the project to address Blue Ridge Landfill and Advanced Disposal.
1
GP1270

George
<;jeorge P. Partrirge Jr.

. Erankf.oit, KYAOfiOJ ~~
(502) 564-6716 ext. 4651
<image001.gif>
GP1271
',,om:
Sent:
To:
Cc:
Subject:
Attachments:
Maybriar, Jon (EEC)

Hendricks, Todd (EEC); Nielsen, Jamie (EEC); Anderson, Danny J (EEC); Maze, Rodney
(EEC); Melton, Ken (EEC); Briggs, Lindsey (EEC)
Re: Blue Ridge Follow Up Meeting on Thursday, February 25th
imageOOl.gif
George
Please invite them and anyone else that needs to be in the meeting
Sent from my iPhone
Jon;
Please include Todd Hendricks and Jamie Nielsen in the meeting for this Thursday to follow up with Blue
Ridge.
Todd has met with the DPH on this matter with me and is very informed and knowledgeable concerning
all that has taken place. His expertise on NORM/TE NORM and the geology of the site will be extremely
important as we move forward.
Jamie brings a wealth of understanding of the regulatory process and the actions we can take to
facilitate getting the information that has been withheld from us by Advanced Disposal that is hindering
the investigation and in the meantime placing more individuals at risk.
I am feeling overwhelmed by all that has happened and the lives (operators, community, school) that
will be potentially shortened and adversely affected by the exposures resulting from the disposal of an
unpermitted radioactive waste in a landfill. The latency period between exposure and quantifiable
health effects is typically 10 - 40 years dependent on the age of the individual when the exposure first
occurred (age affects cell replication rate and impact on DNA damage leading to increased cases of lung
and bone cancers).
It would be very helpful if those I work with and provide guidance and help on a daily basis are included
as we move forward with the project to address Blue Ridge Landfill and Advanced Disposal.
George

Frankfort, KY 40601
(502) 564-6716 ext. 4651
1
GP1272
FW: Blue Ridge follow-up meeting

202B
Start:
Show Time As:
Thu 2/25/2016 2:00 PM

Thu 2/25/2016 3:30 PM
Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded
Organizer:
Maybriar, Jon (EEC)
End:
Jon Maybrair confirmed that we could include in the meeting everyone that needs to be there to discuss Blue Ridge.
I have included the following:
Todd Hendricks and Jeri Higginbotham since they both have assisted with the project and attended the meeting
at the DPH on February 9.
Arline Litchfield since she is the geologist assigned to the site by Lindsey Brigg and assisted with the site
inspection on February 10.
- s needs to be a team effort so everyone's area of expertise is utilized to address all the issues at the site.
I appreciate everyone's participation.
George
-----Original Appointment----From: Maybriar, Jon (EEC)

To: Maybriar, Jon (EEC); Anderson, Danny J (EEC); Partridge, George (EEC); Weems, George (EEC); Thomas, Richard F
(EEC); Maze, Rodney (EEC); Razavi, Mohammad (EEC)
Subject: Blue Ridge follow-up meeting
When: Thursday, February 25, 2016 2:00 PM-3:30 PM (UTC-05:00) Eastern Time (US & Canada).
Where: 2028
GP1273

.From:
Sent:
To:
Subject:

Wednesday, February 24, 2016 1:04 PM
Melton, Ken (EEC)
RE: Meeting on Blue Ridge on Thursday
Ken;
Jon Maybriar let me know that we could include anyone that needs to be present in the meeting Thursday.
Most of all I want to have geologist represented at the meeting so they will stay informed of how we are preceding with
the site investigation.
The next major step is to assist with the assessment of the extent of the site contamination and develop a remedial
plan.
An understanding of the underlying geology at the site is critical to that study as we assess the potential exposure
pathways along with the background radiation levels from the shale formations at the site.
We will need to distinguish between the NORM at the site and the TE NORM/Processed TE NORM that was contributed
from the waste disposal.
....ws important to me that Todd and/or Arline is available to attend the meeting to address the geology and stay updated
the path forward.
I forwarded meeting invitations to Todd and Arline with the hopes one or both of them will be there.
Since you are acting for Lindsey this week, I am going to let you address who represents us as a geologist at the meeting.
Thanks for your help and support.
George
(jeorge P. Partrit:fne Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1274
.Subject:
Location:
FW: Blue Ridge follow-up meeting

2028
Start:
End:
Show Time As:
Thu 2/25/2016 2:00 PM

Thu 2/25/2016 3:30 PM
Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded
Organizer:
Maybriar, Jon (EEC)
Included Ken Melton since is acting supervisor in Lindsey's absence and is our expert regarding any landfill permit issues.
George
-----Original Appointment----From: Maybriar, Jon (EEC)
To: Maybriar, Jon (EEC); Anderson, Danny J (EEC); Partridge, George (EEC); Weems, George (EEC); Thomas, Richard F
(EEC); Maze, Rodney (EEC); Razavi, Mohammad (EEC)
. .bject: Blue Ridge follow-up meeting
W!'~en: Thursday, February 25, 2016 2:00 PM-3:30 PM (UTC-05:00) Eastern Time (US & Canada).
Where: 2028
GP1275

.rom:
Sent:
To:
Subject:

FW: Advanced Disposal - Blue Ridge Landfill samples
FYI
From: Brock, Stephanie C (CHS-PH)

To: Keffer, Christopher (CHFS Rad Hlth); Pendergrass, Curt (CHFS DPH)
Cc: Fowler, Kathy L (CHFS PH); McKinley, Matthew W (CHS-PH); Partridge, George (EEC)
Subject: RE: Advanced Disposal - Blue Ridge Landfill samples
All,
Something else we could do is take the gamma specs to the field and excavate (if they are willing) and count in the field
for Pb-214 and Bi-214. If we could excavate in the area where we think the waste is buried until we see a higher dose
rate but not disturb the area right up to the waste, we could potentially not disturb the equilibrium. Just an idea. Let
me know what you all think. I would need a few days to get a plan together if this is what we want to do.
Thanks.
-phanie C. Brock
Radiation Health Supervisor
Radiation/Environmental Monitoring Section
Radiation Health Branch
Kentucky Department for Public Health
100 Sower Blvd., Ste. 108
Frankfort, KY 40601
Office: 502-564-8390
Cell: 502-382-7003
Fax: 502-564-2088

Chris,
Thank you for the information!
"'
, was not involved in any of the discussions or the sampling, so I was not aware of where the samples were collected
from. I have been on one landfill sampling excursion, however, where an excavator was used to dig down to the
1
GP1276
approximate area where the waste was buried so that we could sample the waste. I wasn't sure if this was the case
here. That is why I asked the questions that I asked.
Please don't read too much into the 6 pCi/g of Ra-226. The reason that we don't analyze directly for Ra-226 by gamma'
spec is because of the interference with U-235. The peak for both is 186 KeV. The analysis that was done was a rough
estimate beginning with the rough estimate of the 100 gram geometry. It wasn't even a weighed sample because it. was
wet. Please, please understand that all the analysis is a rough estimate. To properly analyze for Ra-226 by gamma spec
would require much more time.
-~~JLynliwouldJiketo_expJor~tbe_po.ssibllitynJcontaminated dai1.cover,J'd be~happv to suppo.rtthatwithanalysisrbut.
let's discuss and come up with a plan before samples are collected.
Are we all in agreement that we are done with analysis on the samples I have in the lab or do you want me to do more?
In my opinion, we really need a plan in place with clear data quality objectives before we collect more samples.
Stephanie C. Brock
Frankfort, KY 40601
Office: 502-564-8390
Cell: 502-382-7003
Fax: 502-564-2088
From: Keffer, Christopher (CHFS Rad Hlth)

To: Pendergrass, Curt (CHFS DPH); Brock, Stephanie C (CHS-PH)
Stephanie,
Just a quick answer to the two questions,
1. It was about 1-3 inches deep, the ground was frozen so digging was too difficult to go deeper than a few
inches
2. It was from the top layer of the landfill area, meaning that it would be the cover material which contains
some waste as well.
Christopher J. Keffer
Radiation Health Specialist Ill
Radioactive Materials Section
275 East Main Street, HS1 C-A
Frankfort, KY 40601
Ph: 502-564-3700 x4179
Cell: 502 330-7662
FAX: 502-564-1492
NOTICE OF CONFIDENTIALITY: This e-mail, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain confidential information exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any
review, use, disclosure, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please contact the
sender by reply e-mail and destroy all copies of the original message.
GP1277
Ait: Tuesday, February 16~ 2016 8:46 AM
.~:
Brock, Stephanie C (CHS-PH)

Cc: Keffer, Christopher (CHFS Rad Hlth); Fowler, Kathy L (CHFS PH); McKinley, Matthew W (CHS-PH); Partridge, George
(EEC)
Hello Stephanie,
I am going to have to let Chris answer your questions regarding the samples he took at Blue Ridge Landfill.
But thanks for expediting the processing of those samples just the same. I don't believe any of us thought for a moment
that the WV sludge dumped at the Advanced Disposal landfill in June of last year (radiochemical analysis of which I
included in my e-mail) were going to be anywhere near the surface and easily available for sampling 8 months later. One
of the fellows in waste management did a back of the napkin calculation at our recent meeting to discuss this issue and
estimated that literally thousands of tons of waste and debris had been dumped at the site since this TENORM was
disposed of. And since Ra-226/Ra-228 have limited solubility in water and given the high dilution factor in the combined
landfill leachate well from which this water sample was taken, it is not surprising you saw nothing above minimal
detectable activity in the liquid.
Quick question though. You indicated that the wet 100 g sample of cover material you analyzed contained 6 pCi/g Ra226. I am assuming had the sample been dry and allowed to ingrowth for the desired 21 days, the actual activity
concentration of 6 pCi/g would have been much higher. The reason I bring this up is because our friends in EEC division
of solid wastes and hazardous wastes have discovered an uptick in the receipt of waste shipments from OH in the past
~rat this landfill and others here in KY. OH has some of the most restrictive TENORM regs in the US. No OH landfill can
~ept TENORM at greater than 5 pCi/g Ra-226 above natural background. The oil and gas exploration and production
wastes being generated in OH may very well be coming to KY landfills and used as daily landfill cover to overlay wastes
and debris. I know Chris said Blue Ridge landfill and the surrounding areas contained lots of shale high in NORM but I
was just wondering if the slightly elevated Ra-226 you show in your analysis could be due to out-of-state TE NORM being
used as daily cover? Obviously, we would need to actually sample this material being received from OH to see if it
exceeded the acceptable OH landfill dumping TE NORM limit.
Thanks,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Dispose of un~anted sources http:Uwww.crcpd.org/StateServices/SCATR.aspx
~...
"""i'. . . . . . .
f{Aflt1i1ltttl :.H~}Ll:H
GP1278
..

Cc: Keffer, Christopher (CHFS Rad Hlth); Fowler, Kathy L (CHFS PH); McKinley, Matthew W (CHS-PH)
Curt,
I have a couple of questions:
. ~ 1,_
2.
Wh~t dfil?tb. ~~Hl:lg~gJiQ_girnJ?LeJ;:gJl~ft~<:Jfu:>m?
Was it from the waste or from the fill or from the cap material?
The solid sample was analyzed wet with an approximate 100 gram geometry by gamma spec yesterday. We usually dry,
grind and weigh solid samples before analysis. Also for Ra-226 analysis, we usually seal the container for approximately
21 days to allow for ingrowth. For Ra-226 analysis by gamma spec, we look for the daughters, Pb-214 and B-214,
because the peak for Ra-226 is also the peak for U-235 so there is interference when analyzing directly for Ra-226. The
wet analysis yesterday of the approximate 100 gram geometry when analyzed for Pb-214 and Bi-214 showed around 2-4
pCi/g. Ra-226 was then added to the library then re-analyzed. It showed about 6 pCi/g of Ra-226. If this solid sample
came from the waste, I would expect to have seen results more significant based on the sample results sent in the email
below.
The liquid sample was counted yesterday by gamma spec directly in the sample container it was sent in for two
hours. There was nothing above the minimum detectable activity.
In my opinion, I don't think we should spend any more time or resources on these samples. If we could get some
samples from the waste it may tell us more. We should probably have a plan in place with some data quality objectives
too if this is going to be a long term project.
Just FYI, we only have four gamma specs up .in the lab right now (gamma 4 is out being retrofitted to be mechanically
cooled). Next week we will be moving out the old shields and moving in the new shields. We will be completely down
for a few days. We will then be down to three gamma specs (gamma 2 will not fit in a new shield) while we get the new
equipment up and running.
Please let me know if you have any questions.
Stephanie C. Brock
Frankfort, KY 40601
Office: 502-564-8390
Cell: 502-382-7003
Fax: 502-564-2088

To: Brock, Stephanie C (CHS-PH); Fowler, Kathy L (CHFS PH); McKinley, Matthew W (CHS-PH)
Cc: Keffer, Christopher (CHFS Rad Hlth)
4
GP1279
Thanks Stephanie. Whatever you can do for us would be much appreciated.
et
Pendergrass PhD
.Supervisor, Radioactive Materials Section
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky .govId ph/rad ioactive. htm
Ket!tl!ilifA
1'.A!:tl.t%1'1QfaH~\lTH

To: Pendergrass, Curt (CHFS DPH); Fowler, Kathy L (CHFS PH); McKinley, Matthew W (CHS-PH)
Thanks for the info Curt. The water sample could be done sometime next week but to analyze the soil sample for Ralet me think about this over the
~' we are looking at a time for ingrowth before gamma analysis can be performed.
~ekend and maybe we can meet sometime on Monday afternoon.
Stephanie C. Brock
Frankfort, KY 40601
Office: 502-564-8390
Cell: 502-382-7003
Fax: 502-564-2088

To: Fowler, Kathy L (CHFS PH); McKinley, Matthew W (CHS-PH); Brock, Stephanie C (CHS-PH)
Will do Kathy.
' . ahanie, these samples were taken by Chris at a landfill where we have very good evidence that out-of-state TENO RM
wastes were disposed of back in June. We believe the wastes were buried on-site and are now covered with several feet
of debris and cover. Chris took the sample where he found the highest dose rate readings on the surface of the landfill
cap in the area where the TENO RM was dumped. Below are the analytical results of the sludge we are talking about. The
5
GP1280
water sample is from the landfill's leachate collection system. We were hoping to have these results sometime next
week so we could decide how best to proceed. If you could get the samples analyzed by the11 that would help
tremendously. As Kathy indicated, Chris found lots of shale deposits scattered about the landfill which gave elevated
dose rate readings so we are not sure how this might impact the natural back ground in the area.
Thanks,
Curt
ANALYTICAL RESULTS RADIOCHEMISTRY
$anipl&:. Fairmont Bnn-su@ Pit
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con~cted; OSI06115 ~:25
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Results reported on a "'ar.r.welllht" basis

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06/151151.6:51 '.
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Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Be notified ()f proposed regulation changes https:Usecure.kentucky.gov/Regwatch/
-,.:.<..,...
/(.t'!.;l
.'..-/:\ -<' -
r~.A.Ul)l>:now
, ,. HMt."r.H
From: Fowler, Kathy L (CHFS PH)
Sent: Friday, February 12, 2016 4: 11 PM

6
GP1281
---
---------
---
To: Pendergrass, Curt (CHFS DPH); McKinley, Matthew W (CHS-PH)

Subject: FW: Advanced Disposal - Blue Ridge Landfill samples
ttorCurt,
Can you all please work with Stephanie and provide whatever information she needs? Also, Matt you may want to
discuss/review the samples. It was my understanding that existing shale on the site may impact the sample results from
the leachate. It would have been nice if you could have found some type of representative water sample to compare
to.

To: Keffer, Christopher (CHFS Rad Hlth); Green, Joseph T (CHFS Rad Hlth); Keene, Mark (CHS Rad Hlth); Barber, Frank
(CHS Rad Hlth)
Cc: Fowler, Kathy L (CHFS PH); Pendergrass, Curt (CHFS DPH)
Chris/Curt,
In order properly analyze a sample, I need to understand the reason why it was collected. I'll be happy to begin analysis
as soon I understand the reason for the collection of the samples.
Thanks.
Stephanie C. Brock
..aitucky Department for Public Health
SowerBlvd., Ste. 108
Frankfort, KY 40601
Office: 502-564-8390
Cell: 502-382-7003
Fax: 502-564-2088
W'm'o

To: Brock, Stephanie C (CHS-PH); Green, Joseph T (CHFS Rad Hlth); Keene, Mark (CHS Rad Hlth); Barber, Frank (CHS
Rad Hlth)
Subject: Advanced Disposal - Blue Ridge Landfill samples
REMS,
I have been informed that the processing and analysis of the samples from Advanced Disposal - Blue Ridge
Landfill is desired. Please get these samples done as soon as possible. Thank you in advance.
,
!
I,

.kfort, KY 40601
502-564-3700 x4179
Cell: 502 330-7662
FAX: 502-564-1492
I
I
GP1282
rom:
Sent:
To:
Subject:

Accepted: Conference Call - EPA Region 4
GP1283
e!m:
Sent:
To:
Subject:

FW: Advanced Disposal - Blue Ridge Landfill samples
FYI

Chris,
Thank you for the information!
Curt,
I was not involved in any of the discussions or the sampling, so I was not aware of where the samples were collected
from. I have been on one landfill sampling excursion, however, where an excavator was used to dig down to the
~roximate area where the waste was buried so that we could sample the waste. I wasn't sure if this was the case
, _ . - e . That is why I asked the questions that I asked.
Please don't read too much into the 6 pCi/g of Ra-226. The reason that we don't analyze directly for Ra-226 by gamma
spec is because of the interference with U-235. The peak for both is 186 KeV. The analysis that was done was a rough
estimate beginning with the rough estimate of the 100 gram geometry. It wasn't even a weighed sample because it was
wet. Please, please understand that all the analysis is a rough estimate. To properly analyze for Ra-226 by gamma spec
would require much more time.
If you would like to explore the possibility of contaminated daily cover, I'd be happy to support that with analysis, but
let's discuss and come up with a plan before samples are collected.
Are we all in agreement that we are done with analysis on the samples I have in the lab or do you want me to do more?
In my opinion, we really need a plan in place with clear data quality objectives before we collect more samples.
Stephanie C. Brock
Frankfort, KY 40601
ae: 502-564-8390
'.
502-382-7003
,
Fax: 502-564-2088
GP1284

To: Pendergrass, Curt (CHFS DPH); Brock, Stephanie C (CHS-PH)
Stephanie,
.. ~.lustai:iui~k_an~~er1oJJ:leJ.\to/_Qgu<~~tlQnsL
.. -~~- ~
1. It was about 1-3 inches deep, the ground was frozen so digging was too difficult to go deeper than a few
inches
2. It was from the top layer of the landfill area, meaning that it would be the cover material which contains
some waste as well.
Frankfort, KY 40601
Ph: 502-564-3700 x4179
Cell: 502 330-7662
FAX: 502-564-1492
NOTICE OF CONFIDENTIALITY: This e-mail, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may
contain confidential information exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any
review, use, disclosure, distribution cir copying of this communication is strictly prohibited. If you have received this communication in error, please contact the

To: Brock, Stephanie C (CHS-PH)
Cc: Keffer, Christopher (CHFS Rad Hlth); Fowler, Kathy L (CHFS PH); McKinley, Matthew W (CHS-PH); Partridge, George
(EEC)
Hello Stephanie,
I am going to have to let Chris answer your questions regarding the samples he took at Blue Ridge Landfill.
But thanks for expediting the processing of those samples just the same. I don't believe any of us thought for a moment
that the WV sludge dumped at the Advanced Disposal landfill in June of last year (radiochemical analysis of which I
included in my e-mail) were going to be anywhere near the surface and easily available for sampling 8 months later. One
of the fellows in waste management did a back of the napkin calculation at our recent meeting to discuss this issue and
estimated that literally thousands of tons of waste and debris had been dumped at the site since this TE NORM was
disposed of. And since Ra-226/Ra-228 have limited solubility in water and given the high dilution factor in the combined
landfill leachate well from which this water sample was taken, it is not surprising you saw nothing above minimal
detectable activity in the liquid.
~;~tn~if':'';,c~~;:i.,fgJa~~1Bi~~t~:iH:t~i~{H~~~~ilr~~~tf~;~~~~~~::~~~:~,;.,~?.~?':
Jhe reason I bring this up is because our friends in EEC divisio~

of solid wastes and hazardous wastes have discovered an uptick in the receipt of waste shipments from OH in the past.~
year at this landfill and others he.re in KY. OH has some of the most restrictive TENO RM regs in the US. No OH landfill can
accept TE NORM at greater than 5 pCi/g Ra-226 above natural background. The oil and gas exploration and production
2
GP1285
wastes being generated in OH may very well be coming to KY landfills anp used as daily landfill cover to overlay wastes
and debris. I know Chris said Blue Ridge landfill and the surrounding areas contained lots of shale high in NORM but I
A; just wondering if the slightly elevated Ra-226 you show in your analysis could be due to out-of-state TENO RM being
.Ted as daily cover? Obviously, we would need to actually sample this material being received from OH to see if it
exceeded the acceptable OH landfill dumping TE NORM limit.
Thanks,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Dispose of unwanted sources http:l/www.crcpd.org/StateServices/SCATR.aspx
l(tZf!/!~
1~l/JATION~!-f~;LTH
m:
Brock, Stephanie C (CHS-PH)
t: Monday, February 15, 2016 10:06 AM

Cc: Keffer, Christopher (CHFS Rad Hlth); Fowler, Kathy L (CHFS PH); McKinley, Matthew W (CHS-PH)

Curt,
I have a couple of questions:
1. What depth was the solid sample collected from?
2. Was it from the waste or from the fill or from the cap material?
The solid sample was analyzed wet with an approximate 100 gram geometry by gamma spec yesterday. We usually dry,
grind and weigh solid samples before analysis. Also for Ra-226 analysis, we usually seal the container for approximately
21 days to allow for ingrowth. For Ra-226 analysis by gamma spec, we look for the daughters, Pb-214 and B-21(
because the peak for Ra-226 is also the peak for U-235 so there is interference when analyzing directly for Ra-226. The
wet analysis yesterday of the approximate 100 gram geometry when analyzed for Pb-214 and Bi-214 showed around 2~4
pCi/g. Ra-226 was then added to the library then re-analyzed. It showed about 6 pCi/g of Ra-226. If this solid sample
came from the waste, I would expect to have seen results more significant based on the sample results sent in the email
below.
The liquid sample was counted yesterday by gamma spec directly in the sample container it was sent in for two
hours. There was nothing above the minimum detectable activity .
-Y
opinion, I don't think we should spend any more time or resources on these samples. If we could get some
samples from the waste it may tell us more. We should probably have a plan in place with some data quality objectives
too if this is going to be a long term project.
3
GP1286
- - - - - -
Just FYI, we only have four gamma specs up in the lab right now (gamma 4 is out being retrofitted to be mechanically
cooled). Next week we will be moving out the old shields and moving in the new shields. We will be completely down
for a few days. We will then be down to three gamma specs (gamma 2 will not fit in a new shield) while we get the ne. .
equipment up and running.
Please let me know if you have any questions.
Stephanie C. Brock
Radiation/Imlironmenta LMonitarjngSe_ction.- ._.

Frankfort, KY 40601
Office: 502-564-8390
Cell: 502-382-7003
Fax: 502-564-2088

To: Brock, Stephanie C (CHS-PH); Fowler, Kathy L (CHFS PH); McKinley, Matthew W (CHS-PH)
Thanks Stephanie. Whatever you can do for us would be much appreciated.

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
E-mail: curt.pendergrass@kv.gov
.JZ.oo.tu.~
IV-~-'-'"~
ii~tAtidNHEALYH

To: Pendergrass, Curt (CHFS DPH); Fowler, Kathy L (CHFS PH); McKinley, Matthew W (CHS-PH)
Thanks for the info Curt. The water sample could be done sometime next week but to analyze the soil sample for Ra- 226, we are looking at a time for ingrowth before gamma analysis can be performed. Let me think about this over the
weekend and maybe we can meet sometime on Monday afternoon.
4
GP1287
Stephanie C. Brock
~iation Health Supervisor

-~~iation/Environmental Monitoring Section

Frankfort, KY 40601
Office: 502-564-8390
Cell: 502-382-7003
Fax: 502-564-2088

To: Fowler, Kathy L (CHFS PH); McKinley, Matthew W (CHS-PH); Brock, Stephanie C (CHS-PH)

Will.do Kathy.
Stephanie, these samples were taken by Chris at a landfill where we have very good evidence that out-of-state TENO RM
wastes were disposed of back in June. We believe the wastes were buried on-site and are now covered with several feet
of debris and cover. Chris took the sample where he found the highest dose. rate readings on the surface of the landfill
cap in the area where the TENO RM was dumped. Below are the analytical results of the sludge we are talking about. The
~er sample is from the landfilf1s leachate collection system. We were hoping to have these results sometime next
~k so we could decide how best to proceed. If you could get the samples analyzed by then that would help
tremendously. As Kathy indicated, Chris found lots of shale deposits scattered about the landfill which gave elevated
dose rate readings so we are not sure how this might impact the natural back ground in the area.
Thanks,
Curt
GP1288
ANALYTICAL RESULTS .. RADIOCHEMISTRY
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Mailstop HSlC"A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Ven.tu.. ~.
. ~.-
IV~:~~~!;!#
t~At:JlATIO'Nlt\H~,l.TH
From: Fowler, Kathy L (CHFS PH)

To: Pendergrass, Curt (CHFS DPH); McKinley, Matthew W (CHS-PH)
Subject: FW: Advanced Disposal - Blue Ridge Landfill samples

Matt or Curt,
A...
Can you all please work with Stephanie and provide whatever information she needs? Also, Matt you may want to
discuss/review the samples. It was my understanding that existing shale on the site may impact the sample results fro~
the leachate. It would have been nice if you could have found some type of representative water sample to compare
to.
6
GP1289

: Keffer, Christopher (CHFS Rad Hlth); Green, Joseph T (CHFS Rad Hlth); Keene, Mark (CHS Rad Hlth); Barber, Frank
HS Rad Hlth)
Chris/Curt,
In order properly analyze a sample, I need to understand the reason why it was collected. I'll be happy to begin analysis
as soon I understand the reason for the collection of the samples.
Thanks.
Stephanie C. Brock
Frankfort, KY 40601
Office: 502-564-8390
Cell: 502-382-7003
Fax: 502-564-2088
-~:;~~~~~:;~~f:~i~i~~~,(~~:f~~!f~~h)-
. . . . . . . . . . . . . . . . . . . . . . . ..
To: Brock, Stephanie C (CHS-PH); Green, Joseph T (CHFS Rad Hlth); Keene, Mark (CHS Rad Hlth); Barber, Frank (CHS
Rad Hlth)
Subject: Advanced Disposal - Blue Ridge Landfill samples
REMS,
I have been informed that the processing and analysis of the samples from Advanced Disposal- Blue Ridge
Landfill is desired. Please get these samples done as soon as possible. Thank you in advance.
Frankfort, KY 40601
Ph: 502-564-3700 x4179
Cell: 502 330-7662
FAX: 502-564-1492
NOTICE OF CONFIDENTIALITY: This e-mail, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may
contain confidential information exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any
review, use, disclosure, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please contact the
GP1290
f/Am:
Sent:
To:
Cc:
Subject:

Wednesday, February 24, 2016 1;50 PM
Partridge, George (EEC); Weems, George (EEC); Maybriar, Jon (EEC)
Curt:
See my responses in red text below to your questions.


Hello gentlemen,
was handled at Advanced Disposal Solutions Blue Ridge Landfill? This is a question for the landfill
personnel....unfortunately. Let's assume for a minute this material was not TENORM. In this case, it should have been
disposed of like other wastes they receive. Within 2 hrs of receipt, spread in loose layers not over 24" deep and then
compacted at the active working face location for that day. Then by the end of the day, should have received a 6 inch
layer of soil cover over the entire working face.
9iiow
you said the material was used as alternate daily cover but what I need to know is how long do you think it took
to spread all of that material? Are we talking days, weeks or months? If used as an alternate daily cover, they should
have had it tested to ensure no more than 1 ppm benzene concentration per our regulation and not used it during
precipitation events. Perhaps they had it stockpiled for a period of days, then used it for daily cover. Again, landfill
personnel will have to.answer this question. If the material was used for daily cover, then the solid waste regs allow
daily cover to be exposed for up to 30 days before additional waste placement over the same area or, if no waste
placement within the 30 days, another 6 inches of cover has to be applied for a total depth of at least 12 inches. This
additional 6 inches cannot be an alternate daily cover material though. It must be a non-waste soil. Once waste
placement re-commences in an area with the 6 or 12 inches of cover, the landfill will peel back the soil cover to get
waste on waste. So this cover soil can be disturbed multiple times before being depleted or so intertwined with waste
that itself is now indistinguishable as being a soil or waste.
Hope this helps, but the landfill personnel need to answer these questions.
I would assume that it would take long to spread the material but that is just a guess. The reason I ask is that we getting
to contact REAC/TS in Oak Ridge and get the opinions of the world renowned experts on internal dosimetry. We have
the results of the Pace Analytical Labs to share with them (which probably underestimate the concentrations of Ra226/228) but what I don't know is how long did it take to spread this material, how many hours were the landfill workers
actually doing this work, did any landfill workers spend additional time in the vicinity of materials, etc. Basically we need
to develop a worst case time and distance and potential intake model to share with the fine folks at REAC/TS. And given
the fact that it was summer, I would assume the material was fairly dry and that inhalation of airborne particulate
ter by the landfill workers spreading this material or those workers in the vicinity when the material was being
ad is a concern. In my mind we are looking at both the gamma exposure pathway which is time and distance
1
GP1291
Thanks,
.2z~. ~ii?J_l\1!'1tngree_t
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Website: http :l/www.chfs.ky.govId ph/rad ioactive .htm
i'Je~
P.Ati1;1,no~HEAL~rn
l~~fl'1-,,,'q
Von
GP1292
elm:
Sent:
To:
Subject:

FW: Blue Ridge Landfill worker exposure
FYI

Cc: Partridge, George (EEC); Weems, George (EEC); Maybriar, Jon (EEC)
Curt:

Hello gentlemen,
. i c k question. Can you all give me a better idea of how the Fairmont Brine Processing TE NORM contaminated sludge
personnel.. .. unfortunately. Let's assume for a minute this material was not TENORM. In this case, it should have been
I know you said the material was used as alternate daily cover but what I need to know is how long do you think it took
personnel will have to answer this question. If the material was used for daily cover, then the solid waste regs allow
~uld assume that it would take long to spread the material but that is just a guess. The reason I ask is that we getting
~ontact REAC/TS in Oak Ridge and get the opinions of the world renowned experts on internal dosimetry. We have
1
GP1293
matter by the landfill workers spreading this material or those workers in the vicinity when the material was being
spread is a concern. In my mind we are looking at both the gamma exposure pathway which is time and distance
L
'"W
Thanks,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Kt:t.ttMe!irl~
f'.fo.tt!AT!oN&_rtEALTH
GP1294
e!~=
To:
Subject:

'Stephen.Helmer@odh.ohio.gov'
RE: KY Landfill Concern
Steve;
From the manifests we have reviewed for our Green Valley Landfill in the Ashland, KY area, it appears that Pressure Tech
has been shipping TENORM wastes from Muskingum County, Ohio managed by BES Technical Solutions, LLC which is the
firm associate with Cory Hoskins.
Shipment of TENORM wastes from Ohio for disposal in Kentucky is prohibited by KRS.
When you met with Pressure Tech and Cory Hoskins, did they indicate they have been shipping waste containing
TENORM to Kentucky?
Thanks for your assistance and sharing what you learned.
George
From: Stephen. Helmer@odh.Ohio.gov [mailto:Stephen.Helmer@odh .ohio.gov]
nt: Monday, February 22, 2016 2:12 PM

c Hatton, Tony (EEC); Maybriar, Jon (EEC); Anderson, Danny J (EEC); Beth.Pratt@dnr.state.oh.us;
George,
In the state of Ohio, ODNR (Ohio Department of Natural Resources} has sole and exclusive authority over the Oil and Gas
Industry.
Mr. Hoskins indicated he had a website, but he took it down last Friday. He's getting questions, but admitted "it's just a
pursuing it .
Ron Trivisonno.
1
GP1295
Sincerely,
S~'?I~
..
-- 6lL1.-.:72g:::%11
'h.
O. ,10
Dopartmont of Hoal'th

Steve;
Thank you so much for calling today and allowing us to share our concerns regarding shipments ofTENORM to our
surrounding shipments of out of state TENORM to Kentucky.
this email message.
./ Copy of the web pages from Advanced TE NORM Services and LLC information .
Materials Section)
We appreciate the interest you are taking in our concerns regarding the disposal of TE NORM here in Kentucky. We
2
GP1296
~ also hope by sharing our experiences in Kentucky that this will provide helpful information related to the
management of TENO RM waste in Ohio and most of all protect the well-being and health of the operators and managers
Thank you again,
Sincerely,
George
<georee P. Partridge Jr., Pfi'D, P.'E., Q.'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
_,,,,, __,,_,_,,__ ,.,,_,, ____
,,,,,_,,.,~,,-.,,-,,.,,,_.,.,,,,.,w~"'""-"'-''""'""'"-
"'"'"""''""""'
'

Hi George,
614-728-3611
lOh.io .....
Dtptttmtr;t of Hoa Ith
. .s e-mail is intended for the sole use of the intended recipient and may contain privileged, sensitive, or
3
GP1297

Partridge, George (EEC); Weems, George (EEC); Maybriar, Jon (EEC); McKinley, Matthew
W (CHS-PH)
Subject:
Thank you Danny for taking the time to answer my questions regarding the daily cover. That is exactly the type of
information that we were needing. However it appears that there are questions that can only be answered by Advanced
Disposal Solutions. But now that we know how things are supposed to work, we at least have a much better idea on
what specific questions to ask ADS.
I will plan on seeing you all at 2:00 PM tomorrow at your Fair Oaks office for the meeting with ADS.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
~ail: curt.pendergrass@ky.gov
~ebsite: http:Uwww.chfs.ky.gov/dph/radioactive.htm
Va~~
l\f&i!l&..
#:!J
flA110t4&\M!$1.t:rn

Curt:

- o gentlemen,
Quick question. Can you all give me a better idea of how the Fairmont Brine Processing TE NORM contaminated sludge
1
GP1298
personnel.. .. unfortunately. Let's assume for a minute this material was not TE NORM. In this case, it should have been
~
~
,_J~erSQJJDetwilJ'1civ~tojmfil()!ef Jhi~gt,1e,s!Ion_. If tbelllC'l,!~ri,~1 was use9 ford(:lily cover,t.her:i th~ soli9 \N.a.st~r.:~~.?llow
Thanks,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Ken
tu~
-~~'"'~
P~1ATIONJArti,.l\i.Tl'!
GP1299
1-m:
Sent:
To:
Subject:

Curt;
Delighted you will be attending the meeting tomorrow!
I have also invited Todd Hendricks to the meeting, but I believe he has a prior commitment and may not be able to
attend.
I also included Arline Litchfield the geologist in our section that has been assigned to the Blue Ridge Landfill.
Also included are Jeri Higginbotham that you met and also Jamie Neilson from our Permitting Section who processes all
the solid waste permits and has extensive knowledge of our regulations.
Also invited is Ken Melton who is the acting supervisor since Lindsey Briggs is on vacation this week.
I hope we will have good attendance at this meeting .
ankyou,
George

Cc: Partridge, George (EEC); Weems, George (EEC); Maybriar, Jon (EEC); McKinley, Matthew W (CHS-PH)
what specific questions to ask ADS.
Mailstop HS1C-A
Frankfort, KY 40621
~ 502-564-3700 ext. 4183
~: 502-564-1492
Website: http://www.chfs.ky.govId ph/rad ioactive. htm
1
GP1300

7/nwwfUtJir~
l~,~~"'~:!I
T'.A~!A1TOt1lMiv,1.rH

~cc: Partrictge,~Geor9e-(EEC);Weerrrs~
George (EEC:); Maybriar, jan
(EEC)

Curt:

Hello gentlemen,
personnel .... unfortunately. Let's assume for a minute this material was not TENORM. In this case, it should have been
daily cover to be exposed for up to 30 days before additional waste placement over the same area or,, if no waste
to develop a worst case time and distance and potential intake model to share with the fine folks at REAC/TS. And give~
,,..,
2
GP1301
ool and middle school students started classes in August 2015. But again, the more information you all can give me
Thanks,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http:Uwww.chfs.ky.gov/dph/radloactive.htm
l.l.onh~~
l~U!!}..,..~;1:
fW.t.tl,11ftitw~ AAHE>\L'rn
GP1302

looking forward to it George.

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Dispose of unwanted sources http://www.crcpd.org/StateServices/SCATR;aspx
/(~
-1.1.rntHi .

Curt;
Delighted you will be attending the meeting tomorrow!
I have also invited Todd Hendricks to the meeting, but I believe he has a prior commitment and may not be able to
attend.
I also included Arline Litchfield the geologist in our section that has been assigned to the Blue Ridge Landfill.
Also included are Jeri Higginbotham that you met and also Jamie Neilson from our Permitting Section who processes all
the solid waste permits and has extensive knowledge of our regulations.
Also invited is Ken Melton who is the acting supervisor since Lindsey Briggs is on vacation this week.
I hope we will have good attendance at this meeting.
efAnkyou,
George
1
GP1303

Cc: Partridge, George (EEC); Weems, George (EEC); Maybriar, Jon (EEC); McKinley, Matthew W (CHS-PH)

ltVhat spe~!fi~o~IJ'=-Eti~r1? t~oask ADS.
-

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Be notified of proposed regulation changes https:ijsecure.kentuckv.gov/Regwatch/
Va.inrh1~
~U~'oGW
T~tllJ.\.TION~H~Jlil..:tH


Curt:


Hello gentlemen,
personnel.. .. unfortunately. Let's assume for a minute this material was not TENORM. In this case, it should have been
disposed of like other wastes they receive. Within 2 hrs of receipt, spread in loose layers not over 24" deep and then ~
compacted at the active working face location for that day. Then by the end of the day, should have received a 6 inch . .
GP1304
ve had it tested to ensure no more than 1 ppm benzene concentration per our regulation and not used it during
cipitation events. Perhaps they had it stockpiled for a period of days, then used it for daily cover. Again, landfill
Thanks,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
KtztlH~\
rJ\.tHA'rlOr4~~t.1H
GP1305
-m:
Partridge. George (EEC)
Sent:
To:
Subject:
Re: KY Landfill Concern
Pressure Tech indicated they have sent TENO RM waste to Kentucky.

I have an email from ODNR and will forward it to you.
Steve Helmer
Sent from my iPhone
Steve;
From the manifests we have reviewed for our Green Valley Landfill in the Ashland, KY area, it appears
that Pressure Tech has been shipping TENORM wastes from Muskingum County, Ohio managed by BES
Technical Solutions, LLC which is the firm associate with Cory Hoskins.
Shipment of TENO RM wastes from Ohio for disposal in Kentucky is prohibited by KRS .
When you met with Pressure Tech and Cory Hoskins, did they indicate they have been shipping waste
containing TENO RM to Kentucky?
George
From: Stephen.Helmer@odh.ohio.gov [ mailto:Stephen.Helmer@odh .ohio.gov]

Ron.Trivisonno@dnr.state.oh.us; Rebecca.Fuqitt@odh.ohio.gov; Michael.Snee@odh.ohio.gov;
George,
As a follow up to your email, I traveled with ODNR to their permitted facility, Pressure Tech (oil & gas
industry waste substance facility).
In the state of Ohio, ODNR (Ohio Department of Natural Resources) has sole and exclusive authority
over the Oil and Gas Industry.
We met Tim Stapleton from Pressure Tech as well as Cory Hoskins from BES, LLC or BES Technical
Solutions, LLC or Advanced TENO RM Services, LLC.
Mr. Hoskins indicated he has no laboratory operation in Ohio. He was working to have a lab at this
facility, but the planning fell through when the site's 'owner passed away.
1
GP1306
Mr. Hoskins indicated he had a website, but he took it down last Friday. He's getting questions, but
admitted "it's just a website" and he put a number of things on it that may not reflect what he does.
Our records show Mr. Hoskins tried to obtain an Ohio radioactive materials license in June 2015, but he
backed away from pursuing it.
Currently, I do not have rnuch on Fairmont Brine Processing but I have forwarded your email to ODNR's
Beth Pratt and Ron Trivisonno.
Sincerely,
s~ '71d'1Ue't
614-728-3611
<image001.jpg>

Cc: Hatton, Tony (EEC) <Tony.Hatton@ky.gov>; Maybriar, Jon (EEC) <Jon.Maybriar@ky.gov>; Anderson,
Danny J (EEC) <Danny.Anderson@ky.gov>
Steve;
Thank you so much for calling today and allowing us to share our concerns regarding shipments of
TENORM to our landfills here in Kentucky. We have been particularly concerned about the activities of
Cory Hoskins associated with Advanced TENO RM Services (also associated with BES, LLC and BES
Technical Solutions, LLC) and his activities surrounding shipments of out of state TENO RM to Kentucky.
As requested I prepared a summary of how we became aware of the out of state shipments and have
attached that to this email message.
Also additional attachments are included that I hope you will find helpful as you understand our
situation and the investigation we are conducting. The attachments include:
./ Photographs when we conducted an unannounced inspection visit to the offices and laboratory
of Advanced TENORM Services (individual sitting at table we understand is Cory Hoskin's
brother. Cory is standing in the doorway. The individual by the boxes scanning for radioactivity
is Chris Keffer with our DPH - Radioactive Materials Section)
./ Fairmont Brine Processing Disposal Plan (waste we are particularly concerned about that was
disposed of at Blue Ridge Landfill in Irvine, KY)
2
GP1307
v" Analytical results provide by Waste Management when they were involved with Fairmont Brine
Processing.
v" Analytical results from Advanced TENO RM Services that was provided to Republic Services who
manages Green Valley Landfill and was included with the manifest for the shipment of the
TENORM wastes.
We appreciate the interest you are taking in our concerns regarding the disposal of TENORM here in
Kentucky. We believe the waste from Fairmont Brine Processing was used as Alternative Daily Cover at
the Blue Ridge Landfill. Preliminary site surveys indicates this took place but a more detail site survey
and sampling protocol in the future will confirm if that is the case and the extent of the contamination.
We also hope by sharing our experiences in Kentucky that this will provide helpful information related to
the management ofTENORM waste in Ohio and most of all protect the well-being and health of the
operators and managers of landfills that provide an important service to our respective communities.
Thank you again,
Sincerely,
George
<;1eor9e P. PartrUfee Jr., Pfi'D, P.'E., Q_PP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image002.gif>
From: Stephen. Helmer@odh.ohio.gov [mailto:Stephen.Helmer@odh .ohio.gov]

Hi George,
614-728-3611
<imageOOl.jpg>
This e-mail is intended for the sole use of the intended recipient and may contain privileged,
sensitive, or protected health information. If you are not the intended recipient, be advised that
3
GP1308
if#m
Sent:
To:
Subject:
Attachments:
Wednesday, February 24, '2016 3:34 PM
Fwd: Pressure Tech trip report
Trip Report 2-17-16 ODH.docx; ATTOOOOl.htm
fyi
Steve Helmer
Sentfrom my iPhone
From: "Trivisonno, Ron" <Ron.Trivisonno@dnr.state.oh.us>
To: "Helmer, Stephen" <Stephen.Helmer@odh.ohio.gov>
Cc: "McCracken, Charles" <Chuck.McCracken@odh.ohio.gov>, "Pratt, Beth"
<Beth.Pratt@dnr.state.oh.us>, "Worstall, Robert" <robert.worstall@dnr.state.oh.us>
Subject: Pressure Tech trip report
FYI
~is
e-mail is intended for the sole use of the intended recipient and may contain privileged, sensitive, or
health information. If you are not the intended recipient, be advised that the unauthorized use,
delete this e-mail.
~tected
GP1309
-----------------

t'-_om:
Sent:
To:
Cc:
Subject:
Attachments:

FW: Pressure Tech trip report
Danny & Curt:

Site visit by Ohio to Pressure Tech.
Trip report attached.
George
From: Stephen.Helmer@odh .oh io.gov [mailto: Stephen. Helmer@odh.Ohio.gov]

Subject: Fwd: Pressure Tech trip report
fyi
~veHelmer
~nt from my iPhone


FYI
delete this e-mail.
GP1310
Cc:
Subject:
Attachments:

Anderson, Danny J (EEC); McKinley, Matthew W (CHS-PH)
Thanks George. Pretty damning evidence.
Tim described how PT, with the assistance of BES (Cory Hoskins), would sort the boxes of solidified waste
and determine which boxes went to KY or WVa. Because all the waste was expected to exceed Ohio's 5+2
pCi/g Ra, none of the waste was ever disposed of in Ohio.
Did you share this with Jason Frame in WV as well?

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
: 502-564-1492
Dispose of u~wanted sources http://www.crcpd.org/StateServices/SCATR.aspx
v........~~
.. _
l~U~
J!J:l:tililll'fOrj11!~,t.t}t
Sent: Wednesday, February 24,

2016 4:00 PM
Subject: FW: Pressure Tech trip report

Danny & Curt:
GP1311

fyi
Steve Helmer
Sent from my iPhone
From:~"frfvlsonno, -Ron'' <Ron~irivisonn~o@anr.stal:e.oh.us>


FYI
delete this e-mail.
GP1312
-m:
Sent:
To:
Cc:
Subject:
Attachments:

Frame, Jason R (Jason.R.Frame@wv.gov)
Pendergrass, Curt (CHFS DPH); Anderson, Danny J (EEC)
Jason;
Please find inserted below my email correspondence with Ohio regarding TENO RM. Please note the attached trip report
from their site visit to Pressure Tech. Pressure Tech has collaborated with Cory Hoskins associated with Advanced
TENO RM Services. It indicates how they are managing TENORM wastes. It appears wastes is being sent to both KY and
WV. Pressure Tech has been shipping TENORM to our Green Valley landfill located in the Ashland, Kentucky area.
I hope you will find this helpful!
Please keep in touch,
Thank you,
George
~orge P.
PartridiJe Jr., Pfi:D, P.'E., Q'EP
~partment for Environmental Protection

Frankfort, KY 40601
(502) 564-6716 ext. 4651

fyi
Steve Helmer
. t f r o m my iPhone
GP1313
-----



FYI
- proteet~El-health-information.. lf-you-are.not.theintendecl rncipient,be-advised thattheunauthorizeduse,--------~
delete this e-mail.
Pressure Tech indicated they have sent TE NORM waste to Kentucky.

Steve Helmer
Sent from my iPhone
Steve;
From the manifests we have reviewed for our Green Valley Landfill in the Ashland, KY area, it appears that Pressure T e e .
has been shipping TENORM wastes from Muskingum County, Ohio managed by BES Technical Solutions, LLC which is the
firm associate with Cory Hoskins.
Shipment of TENORM wastes from Ohio for disposal in Kentucky is prohibited by KRS.
When you met with Pressure Tech and Cory Hoskins, did they indicate they have been shipping waste containing
TENORM to Kentucky?
George

George,
2
GP1314
Industry.
~ met Tim Stapleton from Pressure Tech as well as Cory Hoskins from BES, LLC or BES Technical Solutions, LLC or
~anced TENORM Services, LLC.
I asked Mr. Hoskinsif he worked in Kentucky and he indicated that he did.
from pursuing it.
Currently, I do not have much on f:airmont Brine Processing but I have forwarded your email to ODNR's Beth Pratt and
Ron Trivisonno.
Sincerely,
.14-728-3611
9-iageOOl.jpg>

Steve;
surrounding shipments of out of state TENORM to Kentucky.
this email message.
9"
Relevant regulations we are focused on: KRS 224.46-530 and especially KRS 211.859.
v" Copy of the web pages from Advanced TENORM Services and LLC information.
3
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~
Materials Section)
./ Information on LLCs organized that Cory Hoskins is associated with.
~
. V_C3JleyJ,~rii!filL~n<;I~~~ Lr:ic_Ll!c;i~<J. wlth~ th~ mantfe.st tor t~~shJ1:>mgm of th_~JINQ~tvLw~~1~~
We appreciate the interest you are taking in our concerns regarding the disposal of TENO RM here in Kentucky. We
management of TENO RM waste in .Ohio and most of all protect the well-being and health of the operators and managers
Thank you again,
Sincerely,
George
(jeorge P. PartrUfae Jr., Pli'D, P.'E., Q.'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image002.gif>

Hi George,
S~'71~
614-728-3611
4
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<imageOOl.jpg>
~s e-mail is intended for the sole use of the intended recipient and may contain privileged, sensitive, or
~tected health information. If you are not the intended recipient, be advised that the unauthorized use,
delete this e-mail.
I5
GP1317
A.m:
.,.,t:
To:
Subject:

RE: Central Midwest Instate Low-Level Radiactive Waste Commission
Danny;
When we are meeting with Curt and if time allows, I would like to have him help us understand better how the Compact
applies the definition of LLRW to a waste analysis for radionuclides and combines them into a value such as 5 piC/g
6
228
which often is reported for a combination of Raii. and Ra by states.
Thank you!
George
Definition of LLRW:
What is LLRW?
Compact defines LLRW as "radioactive waste not classified as (1)
-level radioactive waste, (2) transuranic waste (3) spent nuclear fuel,
(4) by-product material as defined in Section 11 e(2) of the Atomic
Energy Act of 1954. This definition shall apply notwithstanding any
declaration by the federal government, a state or any regulatory agency
that any radioactive material is exempt from any regulatory control."
Because it is defined by what it is not, some LLRW can have high
concentrations of radionuclides, irrespective of its name.
Functionally, LLRW is classified into four classes; A, B, C or greater than
class C (GTCC). LLRW is classified based on the concentration of key
short and long half-life radionuclides present in the waste. Class A has
the lowest concentration of these radionuclides. Class B has higher
concentrations of the shorter half-life radionuclides. Class Chas the
highest concentrations of both short and long half-life radionuclides.
GTCC contains short and long half-life radionuclides in concentrations
that exceed the limits established for Class C. The U.S. Nuclear
Regulatory Commission (US NRC) has determined that this waste is not
suitable for near surface disposal.
The federal Policy Act makes disposal of class A, B and C wastes a
responsibility of states and compacts and the disposal of GTCC wastes
a federal responsibility. In addition, LLRW that is (1) owned or generated
by the U.S. Department of Energy (DOE), (2) owned or generated by the
U.S. Navy as a result of decommissioning Navy vessels, (3) resulting
from research, development, testing or production of atomic weapons,
(4) identified by the federal government under its program to
. .ntaminate sites used during the Manhattan Project (the Formerly
Utilized Site Remedial Action Program) are also federal responsibilities.
In 1996 Public Law 104-134 was enacted clarifying that states are not
1
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responsible for LLRW originating from the operation, decontamination

and decommissioning of uranium enrichment facilities.
A half-life is the time in which half of the atoms of a particular radioactive
substance disintegrate to another nuclear form. Each radionuclide has a
specific half-life. Half-lives measure from millionths of a second to
billions of years. As a general rule, the passage of ten half-lives is
considered sufficient to reduce the radioactivity to a level (0.00097% of
the original amount) no longer considered hazardous.
(jeorge P. Partritfee Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
,
2
GP1319
.,,,,t:
A..m
To:
Cc:
Subject:

Cleveland, Daniel (EEC)
Daniel
Ohio has been investigating the TENORM shipping activity to Kentucky for me.
Please see correspondence below.
George

rorge,
- - - appreciate hearing any concerns Kentucky may have.
Industry.
from pursuing it.
Ron Trivisonno.
Sincerely,
!e
s~~~
1
GP1320
614-728-3611

Subject: RE: KY landfill Concern
Steve;
Advanced TENO RM Services (also associated with BES, LLC and BES Technical Solutions, LLC) and his activities
this email message.
TENORM Services {individual sitting at table we understand is Cory Hoskin's brother. Cory is standing in the
Materials Section)
./ Analytical results from Advanced TENO RM Services that was provided to Republic Services who manages Green
We appreciate the interest you are taking in our concerns regarding the disposal of TE NORM here in Kentucky. We
landfill. Preliminary site surveys indicates this took place but a more detail site survey and sampling protocol in the
future will confirm ifthat is the case and the extent of the contamination.
,
management of TE NORM waste in Ohio and most of all protect the well-being and health of the operators and manage
2
GP1321
Thank you again,

-cerely,
George
<george P. Partridge Jr., Pli'D, P/E., Q_'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651


~George,
---ase send what you can to better understand your concerns.
S~'ri'~
614-728-3611
... . . , '.10
10
h..... "..
. Dep.1rtm1nt of Ho~ Ith
delete this e-mail.
GP1322
m
. .nt:
To:
Cc:
Subject:
Attachments:

Daniel:
Trip report attached from Ohio for site visit to Pressure Tech and including in meeting was Cory Hoskins.
Associated email correspondence sent in a separate email message.
George


fyi
a..
-9nt
veHelmer
from my iPhone


FYI
delete this e-mail.
GP1323
m:
. .t:

RE: Pressure Tech trip report
To:
Subject:
Curt;
Sent trip report and associated email correspondence to both you and Jason.
Thank you,
George

To:
Cc: Anderson, Danny J (EEC); McKinley, Matthew W (CHS-PH)

..
pCi/g Ra, none of the waste was ever disposed of in Ohio.

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax: 502-564-1492
Website: http:Uwww.chfs.ky.gov/dph/radioactive.htm
..
vm.~)
l~-m
:g
floAtlJATitiN~H~U.tH

nt: Wednesday, February 24, 2016 4:00 PM
1
GP1324
Danny & Curt:

George
.from~~tephen.Helmer@odh.ohio.govEmailto~Stephen.Helmer@odh.ohio.govJ

fyi
Steve Helmer
Sent from my iPhone

FYI
delete this e-mail.
,
2
GP1325
A.it.om:
--nt:
To:
Subject:
Attachments:

RE: Meeting Notes for February 19th with Curt Pendergrass
Meeting Between Curt Pendergrass and Danny Anderson - 021916.docx
Danny;
Please find my notes from the meeting that you had with Curt Pendergrass on Friday afternoon, February 19th in
Conference Room 202A.
Thank you for the opportunity to join you and Curt. The meeting was very helpful to my understanding of the
regulations.
George
(jeorge P. Partricfge Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1326
,A..,m:
. . .nt:
To:
Subject:
Weems, George (EEC)

Thursday, February 25, 2016 7:40 AM
With the manifests, we should be able to correlate this to the quarterlies.

Subject: RE: Alternate daily cover, Marion
George;
Either way, the waste was not documented accurately.
~lso saw only 1.24 tons of wastes from the Norwich, Ohio area and multiple firms are shipping that waste to Kentucky
, . disposal at Blue Ridge. Billy and Dan have been withholding that information which would likely confirm additional
George P.

GP1327

m
. .nt:
To:
Subject:
Re: Kentucky Concerns
George,
If you need ODNR records let me know.
Steve Helmer
Sent from my iPhone
This e-mail is intended for the sole use of the intended recipient and may contain privileged, sensitive, or protected
health information. If you are not the intended recipient, be advised that the unauthorized use, disclosure, copying,
distribution, or action taken in reliance on the contents of this communication is prohibited. If you have received this email in error, please notify the sender via telephone or return e-mail and immediately delete this e-mail.
..
GP1328
m:
. .t:
To:
Cc:
Subject:

'Stephen.Helmer@odh.ohio.gov'
Pendergrass, Curt (CHFS DPH); Anderson, Danny J (EEC); Briggs, Lindsey (EEC)
RE: Kentucky Concerns
Steve;
Thank you,
George
-----Original Message----From: Stephen.Helmer@odh.ohio.gov [mailto:Stephen.Helmer@odh.ohio.gov]
Subject: Re: Kentucky Concerns
George,
If you need ODNR records let me know.
ve Helmer
ent from my iPhone
This e-mail is intended for the sole use of the intended recipient and may contain privileged, sensitive, or protected
health information. If you are not the intended recipient, be advised that the unauthorized use, disclosure, copying,
distribution, or action taken in reliance on the contents of this communication is prohibited. If you have received this email in error, please notify the sender via telephone or return e-mail and immediately delete this e-mail.
...
GP1329
m:
. .t:

Weems, George (EEC)
To:
Subject:
George;
I do not feel the quartiles reported the all the waste received. Even if things were entered in correctly for Marion
County (KV vs WV), then I am surprised we only got 1.24 tons from Muskingum County in Ohio when several companies
were shipping thir waste there.
Time will tell.
Thanks again for all you are doing!
I am glad we finally have the opportunity to work together. I appreciate and have had a wonderful experience working
with those that serve in our field offices.
Looking forward to the meeting this afternoon!
Thanks again,
.eorgeP.
--"--- ---~----~
~"''
(EEC)
..
..
""'"''""'
..............,........................................................................................ ........................................................ ..
From: Weems, George

With the manifests, we should be able to correlate this to the quarterlies.

George;
; e r way, the waste was not documented accurately.
GP1330
---
----------
I also saw only 1.24 tons of wastes from the Norwich, Ohio area and multiple firms are shipping that waste to Kentucky
for disposal at Blue Ridge. Billy and Dan have been withholding that information which would likely confirm additional
George P.

,
2
GP1331
e!;
To:
Subject:

Melton, Ken (EEC)
RE: Regulations Pertaining to Radioactive Materials
Ken;
Here are the critical regulations you need to cite highlighted in yellow. I included the other two for your own personal
reference since they are applicable.
Let me know if you need anything else.
George
In State Regulation:
Interstate Commerce:
.~~f~,i~~~'..~~~~~lo~s~~~~~f~}~~~~4~~t!;~t~)6~ctiv.~
. Waste.1n..
KRS 211.869 Penalties

902 KAR 100:012 Fee Schedule
andb.'ut&t.Kerfty,f~Y.z.PfRhl~~ioh~f:~~'5lifiRtJgJt
<george P. Partrid{Je Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1332
'5;;,:
To:
Subject:
Melton, Ken (EEC)

RE: RE: Regulations Pertaining to Radioactive Materials
Thanks George

To: Melton, Ken (EEC)
Subject: RE: Regulations Pertaining to Radioactive Materials

Ken;
Here are the critical regulations you need to cite highlighted in yellow. I included the other two for your own personal
reference since they are applicable.
Let me know if you need anything else.
George
In State Regulation:
~2 KAR:lOO;OOS General ARplicaBility
........................... ............7........ ........ ..... .... ........... ... . ....

.
....... . .... .... . . ..' .. . ............... .
.. .........
~~~j~~~'(f,t'~r~fJtifi~~~i~[i~~ 0;s"Posi!.bl R~~;o;,tt;v~ ijJOsi~

Interstate Commerce:
~~fff211.869
~f~~,~,~~~~~j~~~~~&~it!~~fit~~ft~i~t~1~ip~~t!~~.W~~!~~1b:ana &~iJc>f~~D:t4PkY~iP(bffj~;H9BfEE~~)tipfi,~d
KRS
Penalties
902 KAR 100:012 Fee Schedule
eorge P. PartridfJe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1333
-m:
Sent:
To:
Subject:
Attachments:

FW: TENORM - Compact Regional Management Plan
Compact Regional Management Plan.pdf
From: Carlton, John (EEC)

To:
Hatton, Tony (EEC); Anderson, Danny J (EEC); Aldridge, Louanna (EEC)
Cc: Cleveland, Daniel (EEC)

Subject: TENORM - Compact Regional Management Plan
ALL,
I just found this document which is very enlightening on the position of the Compact Commission regarding TENO RM. In
the Compact Commission's Regional Management Plan, attached, the Commission classifies "NORM, NARM, and
TENORM wastes as [Low-level Radioactive Wastes] and, as such, these wastes are subject to the LLRW policies
enumerated in the Plan." (p. 38)
Regarding imported TENORM, "For the present, the Commission intends to operate on the assumption that citizens are
-.iing to accept responsibility for LLRW generated within their own region, but not for LLRW generated by others ... It is
~Commission's policy to prohibit access to the regional LLRW disposal facility for imported LLRW." (p. 18) Pages 27-31
discuss the policies of NORM, NARM, and TENO RM to a fairly in-depth degree. The Compact also assigns a limit on the
radioactivity of TENO RM allowed for import into the region: "It is the Commission's policy to prohfbit the import of
TENO RM waste with concentrations equal to or greater than 5 pCi/g into the region for disposal." (p. 30)
Regarding disposal of LLRW at non-LLRW regional facilities, "The Commission's policy is to allow the disposal of exempt
quantities of LLRW in disposal facilities other than the regional disposal facility. The disposal of these exempted
quantities shall. be performed as specified in the current radiation control regulations of each of the party states." (p. 37)
Also, "It is the Commission's policy that TENORM waste with concentrations equal to or greater than 2000 pCi/g shall be
disposed at the regional LLRW disposal facility. TENORM waste with concentrations less than 2000 pCi/g shall be
disposed in accordance with the method approved by the appropriate party state regulatory agency."
The document is attached for your reference.
Thanks!
fl*~,~
Internal Policy Analyst II
.......~monwealth of Kentucky
_,-rgy and Environment Cabinet
1
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Program Planning & Administration Branch

Program Development Section
200 Fair Oaks Lane, 2nd floor
Frankfort, Kentucky 40601
john.carlton@ky.gov
phone: 502.564.6716 ext. 4023
fax: 502.564.4049
,ert
think before you ink
Please consider the environment before printing this email.
GP1335
-m
Subject:
Attachments:

Hatton, Tony (EEC)
RE: Photos from Site Visit to Advanced TE NORM Services
Advanced TENORM Services - Photos - 020416.pdf
Tracking:
Recipient
Delivery
Hatton, Tony (EEC)
Delivered: 2/25/2016 11:56 AM
Sent:
To:
Tony:
Photos from site visit attached.
Address is:

151 University Drive
West Liberty, KY 41472
Location: partitioned office area on upper floor of library building .
organ County Public Library

I have my cell phone with me if a question comes up and I am away from my desk:
Cell Phone: 859-221-8843
Thank you again for all you are doing for this project and our Division!
George
(]eorge P. Partricfee Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1336
--om:
To:
Sent:
Subject:
Microsoft Outlook
Hatton, Tony (EEC)
Delivered: RE: Photos from Site Visit to Advanced TENO RM Services
Your message has been delivered to the following recipients:

Hatton. Tony (EEC) (Tony.Hatton@ky.gov)
Subject: RE: Photos from Site Visit to Advanced TENORM Services
GP1337
-om:

Maze, Rodney (EEC)
Sent:
To:
Subject:
Attachments:
Rodney;
ODH made a site visit to Pressure Tech in Ohio. Please find attached the trip report we received from Steve Helmer.
also had sent it to Curt Pendergrass and his reaction is also included below in the email I received from him.
Please be sure to read this before our meeting today!
Will also send you notes I have from Steve as well.
Look forward to the meeting this afternoon!
George

~ Anderson, Danny J (EEC); McKinley, Matthew W (CHS-PH)
~bject: FW: Pressure Tech trip report
pCi/ g Ra, 'none of the waste was ever disposed of in Ohio.

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
~otified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
o s e of u~anted sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
Jfr!j
. -~-,.....
f!.J!;;tr~t"!Olll
.~--
li~t.:nt
1
GP1338

Danny & Curt:
George

To: Partridge, George (EEC}
fyi
Steve Helmer
Sent from my iPhone

FYI
delete this e-mail.
GP1339
,,om:

Maze, Rodney (EEC)
Sent:
To:
Subject:
Rodney;
Here is the correspondence I have had with Ohio following a phone I made to ask a question.
Look forward to us continuing to work together on this!
George

Subject: Re: KY Landfill Concern

Pressure Tech indicated they have sent TENO RM waste to Kentucky.
~veHelmer
~nt from my iPhone
Steve;
From the manifests we have reviewed for our Green Valley Landfill in the Ashland, KY area, it appears
that Pressure Tech has been shipping TENORM wastes from Muskingum County, Ohio managed by BES
Technical Solutions, LLC which is the firm associate with Cory Hoskins.
Shipment of TENO RM wastes from Ohio for disposal in Kentucky is prohibited by KRS.
When you met with Pressure Tech and Cory Hoskins, did they indicate they have been shipping waste
containing TENO RM to Kentucky?
George
To:
1
GP1340
George,
As a follow up to your email, I traveled with ODNR to their permitted facility, Pressure Tech (oil & gas
industry waste substance facility).
In the state of Ohio, ODNR (Ohio Department of Natural Resources) has sole and exclusive authority
over the.Oil and Gas Industry.
This Pressure Tech location uses the same Ohio address listed on Mr. Hoskins website .
. . .W~ln~tiitll ~!fil>J~~tQLLfIQHLPL~.S?.IJr:f!J~~.bj:l~ ~~U.ci.s <;9r:y H()S.~tl}sJr()l!lJtE?,. hL<::.(~rJ!E~J~~b_r:i~!lJ .. .
Solutions, LLC or Advanced TENORM Services, LLC.

Mr. Hoskins indicated he has no laboratory operation in Ohio. He was working to have a lab at this
facility, but the planning fell through when the site's owner passed away.
Mr. Hoskins indicated he had a website, but he took it down last Friday. He's getting questions, but
admitted "it's just a website" and he put a number of things on it that may not reflect what he does.
Our records show Mr, Hoskins tried to obtain an Ohio radioactive materials license in June 2015, but he
backed away from pursuing it.
Currently, I do not have much on Fairmont Brine Processing but I have forwarded your email to ODNR's
Beth Pratt and Ron Trivisonno.
Sincerely,
S~'ll~
614-728-3611
<image001.jpg>
Cc: Hatton, Tony (EEC) <Tony.Hatton@ky.gov>; Maybriar, Jon (EEC) <Jon.Maybriar@ky.gov>; Anderson,
Danny J (EEC) <Danny.Anderson@ky.gov>
Steve;
Thank you so much for calling today and allowing us to share our concerns regarding shipments of
TENO RM to our landfills here in Kentucky. We have been particularly concerned about the activities of
Cory Hoskins associated with Advanced TENORM Services (also associated with BES, LLC and BES
Technical Solutions, LLC) and his activities surrounding shipments of out of state TE NORM to Kentucky .
As requested I prepared a summary of how we became aware of the out of state shipments and have
attached that to this email message.
2
GP1341
-------------
-----
--------------
Also additional attachments are included that I hope you will find helpful as you understand our
situation and the investigation we are conducting. The attachments include:
./ Copy of the web pages from Advanced TENO RM Services and LLC information .
./ Photographs when we conducted an unannounced inspection visit to the offices and laboratory
of Advanced TENORM Services (individual sitting at table we understand is Cory Hoskin's
brother. Cory is standing in the doorway. The individual by the boxes scanning for radioactivity
is Chris Keffer with .our DPH - Radioactive Materials Section)
./ Fairmont Brine Processing Disposal Plan (waste we are particularly concerned about that was
disposed of at Blue Ridge Landfill in Irvine, KY)
./ Analytical results provide by Waste Management when they were involved with Fairmont Brine
Processing .
./Analytical results from Advanced TENORM Services that was provided to Republic Services who
manages Green Valley Landfill and was included with the manifest for the shipment of the
TENORM wastes.
We appreciate the interest you are taking in our concerns regarding the disposal of TE NORM here in
Kentucky. We believe the waste from Fairmont Brine Processing was used as Alternative Daily Cover at
the Blue Ridge Landfill. Preliminary site surveys indicates this took place but a more detail site survey
and sampling protocol in the future will confirm if that is the case and the extent of the contamination.
We also hope by sharing our experiences in Kentucky that this will provide helpful information related to
the management of TENO RM waste in Ohio and most of all protect the well-being and health of the
operators and managers of landfills that provide an important service to our respective communities.
Thank you again,
Sincerely,
George
(jeorne P. PartridiJe Jr., Pli'D, P.'E., Q.'EP

- Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image002 .gif>

-
HiGeorge,
3
GP1342
---~---
OhiO Department of Health
614-728-3611
<image001.jpg>
This e-mail is intended for the sole use of the intended recipient and may contain privileged,
sensitive, or protected health information. If you are not the intended recipient, be advised that
the unauthorized use, disclosure, copying, distribution, or action taken in reliance on the contents
of this communication is prohibited. If you have received this e-mail in error, please notify the
sender via telephone or return e-mail and immediately delete this e-mail.
GP1343
-m:
Sent:
To:
Subject:

Re: TENORM
On the news, but I think some of the information is wrong. WKYT's Facebook page has someone saying the material is
exempt.
Lindsey
>
>Lindsey;
>
> Not that I am aware of. There are on-going discussions with upper management and our attorneys.
>
>George
>
>Sent: Wednesday, February 24, 2016 9:20 AM
o: Partridge, George (EEC)
ubject: Re: TENORM
>
"
>Has there been an acceptance of authority by someone?
>
>Lindsey
>
>
>>
Lindsey;
>>
>>
>>
Have a nice week!
>>
George
>>
-----Original Message----~rom: Lindsey & Debbie Briggs [mailto:ldbriggs@bellsouth.net]
W-ent: Tuesday, February 23, 2016 1:53 PM
Subject: TE NORM
1
GP1344
-om:
Sent:
To:
Subject:

RE:TENORM
Lindsey;
We knew ahead of time of the news release and are aware of what is taking place.
George
Subject: Re: TENORM
On the news, but I think some of the information is wrong. WKYT's Facebook page has someone saying the material is
exempt.
Lindsey
- n Feb 24, 2016, at 9:40 AM, Partridge, George (EEC) <George.Partridge@ky.gov> wrote:
>
>Lindsey;
>
>Not that I am aware of. There are on-going discussions with upper management and our attorneys.
>
>George
>
>Sent: Wednesday, February 24, 2016 9:20 AM
>Subject: Re: TENO RM
>
>Has there been an acceptance of authority by someone?
>
>Lindsey
>
>
>>
. .indsey;
>>
1
GP1345
>>
Have a nice week!
>>
George
>>
-----Original Message---- From: Lindsey & Debbie Briggs [mailto:ldbriggs@bellsouth.net)
...?~-~gnt.Il,!~~~c!~,.Je ~.ntfil'i-1~.L.~QJ.J:?}~M ..
Subject: TENORM
>>
>>George,
>>
>>
Lindsey
>
GP1346
-om:
Sent:
To:
Subject:
Weems, George (EEC)

manifests
Let's do those manifests we have; I'll put them in a spreadsheet. Do we have anything new from those we were
emailed?
1.
I
'
GP1347
Subject:

Re: TENORM
The newspaper article is better than WKYT's press release. Why was McKinley unavailable for comment?
Lindsey
> On Feb 25, 2016, at 5:31 PM, Partridge, George (EEC) <George.Partridge@ky.gov> wrote:
>
>Lindsey;
>
>We knew ahead of time of the news release and are aware of what is taking place.
>
>George
>
> -----Original Message----> From: Lindsey & Debbie Briggs [mailto:ldbriggs@bellsouth.net]

>Sent: Thursday, February 25, 2016 5:10 PM
ubject: Re: TENORM
>
>On the news, but I think some of the information is wrong. WKVT's Facebook page has someone saying the material is
exempt.
>
>Lindsey
>
>
>>
Lindsey;
>>
>>
George
>>
-----Original Message---- From: Lindsey & Debbie Briggs [mailto:ldbriggs@bellsouth.net]
Subject: Re: TENORM
>>
- a s there been an acceptance of authority by someone?
Lindsey
>>
1
GP1348
>>
>>>
> Lindsey;
>>>
>>>
---- ?2?~-------~---
- ------------- --- --- ---- -------~
> Have a nice week!

>>>
>George
>>>
> Subject: TENORM
>>>
>>>George,
>>>
>>>
>Lindsey
>>
>
GP1349
m
nt:
To:
Subject:

Re: TENORM
The newspaper article is better than WKYT's press release. Why was McKinley unavailable for comment?
Lindsey
>On Feb 25, 2016, at 5:31 PM, Partridge, George (EEC) <George.Partridge@ky.gov> wrote:
>
>Lindsey;
>
>
>George
>
.ubject: Re: TENORM
>On the news, but I think some of the information is wrong. WKYT's Facebook page has someone saying the material is
exempt.
>
>Lindsey
>
>
>>
Lindsey;
>>
Not that I am aware of. There are on~going discussions with upper management and our attorneys.
>>
George
>>
Subject: Re: TE NORM
>>
, , a s there been an acceptance of authority by someone?
Lindsey
>>
1
GP1350
----------------
>>
I:
Lindsey;
>>>
>>>
> Have a nice week!
>>>
>George
>>>
>Subject: TENORM
>>>
>>>George,
>>>
>>>
>Lindsey
>>
GP1351
. . . . m
-:;,t:
To:
Subject:
Weems, George (EEC)

Green Hunter
Here is Green Hunter. http://www.greenhunterresources.com/
Cultivating and Delivering a Diversified Portfolio of OILFIELD FLUID MANAGEMENT SOLUTIONS.
GP1352
-om:
Sent:
To:
Subject:

Hoskins
Contribution Total : 250.00

HOSKINS. JASON
538 ALEC SPENCER

WEST LIBERTY1 KY, 414720000
Employer : ACERTECH
Occupation : OWNER
Click here to Generate Extract Files
Kentucky Regi
140
Frankfor
Phone: 502_573
Regular Hours of C
To return to the Regist,
Todd Hendricks, P.G.

Geologist
Kentucky Division of Waste Management
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716 ext. 4653
GP1353
----------
ti!::
To:
Subject:

Hoskins
Contribution Total: 250.00

HOSKINS, JASON
538 ALEC SPENCER
WEST LIBERTY, KY, 414720000
Employer : ACERTECH
Occupation : OWNER
Click here to Generate Extract Files
Kentucky Regi
140
Frankfor
Phone: 502_573
Regular Hours of C
To return to the Regist1

Geologist
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716 ext. 4653
GP1354
fl'-om:
Sent:
To:
Cc:
Subject:

Partridge, George (EEC); Higginbotham, Jeri (EEC)
Lamberth, Larry; Danois, Hector
Hi George and Jeri,

In prep for today's meeting, I'd like to share some resources:
https://www3.epa.gov/epawaste/nonhaz/industrial/special/oil/index.htm
And, specifically: https://www3.epa.gov/epawaste/nonhaz/industrial/special/oil/oil-gas.pdf
Take a look at "Scope of the Exemption", "Exempt/Non-exempt", "common misunderstandings". Also take a look at (p.
22) for the definition of "uniquely associated with".
Page 8 provides a "rule of thumb" to determine if the waste would be exempt:
1) Has the waste come from down-hole, i.e., was it brought to the surface during oil and gas E&P operations?
2) Has the waste otherwise been generated by contact with the oil and gas production stream during the
removal of produced water or other contaminants from the product?
In my review, I've taken a look at our guidance documents on E&P Waste, looked up the Fairmont facility in RCRAlnfo
ur national hazardous waste database), looked up the Fairmont facility website, and I also spoke to my R2 contact,
ich is the region that oversees West Virginia.
RAlnfo showed that the facility is the lowest generator of hazardous waste (a conditionally exempt small quantity
generator (CESQG}.
The process provided on their website explains that they pretreat the brine to remove Ba, Sr, TSS, O&G, turbidity and
organics. It doesn't specify how they do this. I'm assuming this where the waste filters are coming from? The treated
brine is then pumped to surface impoundments, where evaporation/crystallization occurs. I'm assuming the waste
sludge is coming from (the bottom of the surface impoundment)?
Also, I took a look at the analytical results. Based on these results, it doesn't appear that the waste would be hazardous,
if the waste was determined to be non-exempt. To gain better insight on the results, I spoke to our EPA lab (located in
Athens, GA}. He said it looked like the type of analysis usually used when waste is sent to a hazardous waste landfill,
which provides info on whether the waste meets Land Disposal Restriction requirements (which is odd, since they're
claiming the 261.4(b}(5} exemption from hazardous waste regulations). Also, in looking through the results, he said that
the material appeared to be fairly wet; it had a high% moisture and it failed the paint filter test.
Nancy McKee Perez

(404) 562-8674
- : Partridge, George (EEC) [mailto:George.Partridge@ky.gov]
1
GP1355
Hello Nancy;
Blue Ridge landfill in Irvine, Kentucky that received this waste is managed by Advanced Disposal.
Sincerely,
George
(jeorge P. Partrirfee Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1356
flam:
Sent:
To:
Cc:
Subject:
Mc Kee Perez, Nancy < McKeePerez.Nancy@epa.gov>

Hi George and Jeri,

https:ljwww3.epa.gov/epawaste/nonhaz/industrial/special/oil/index.htm
11
Take a look at "Scope of the Exemption 11 , "Exempt/Non-exempt11 , "common misunderstandings Also take a look at (p.
11
22) for the definition of "uniquely associated with
Page 8 provides a "rule of thumb11 to determine if the waste would be exempt:
ur national hazardous waste database), looked up the Fairmont facility website, and I also spoke to my R2 contact,
CRAlnfo showed that the facility is the lowest generator of hazardous waste (a conditionally exempt small quantity
generator (CESQG).
Athens, GA). He said it looked like the type of analysis usually used when waste is sent to a hazardous waste landfill,
claiming the 261.4(b)(5) exemption from hazardous waste regulations). Also, in looking through the results, he said that
the material appeared to be fairly wet; it had a high % moisture and it failed the paint filter test.
Nancy McKee Perez

(404) 562-8674
- : Partridge, George (EEC) [mailto:George.Partridge@ky.gov]
,
1
GP1357
Cc: Jeri.Higginbotham@kv.gov
Hello Nancy;

Sincerely,
George

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1358
.;
~~:
To:
Cc:
Subject:

Hi George and Jeri,

https:/fwww3.epa.gov/epawaste/nonhaz/industrial/special/oil/index.htm
(our national hazardous waste database), looked up the Fairmont facility website, and I also spoke to my R2 contact,
RAlnfo showed that the facility is the lowest generator of hazardous waste (a conditionally exempt small quantity
generator (CESQG).
if the waste was determined to be non-exempt. To gain better insight on the results, I spoke to our EPA lab {located in ,
which provides info on whether the waste meets Land Disposal Restriction requirements {which is odd, since they're
claiming the 261.4{b)(S) exemption from hazardous waste regulations). Also, in looking through the results, he said that
Nancy McKee Perez
(404) 562-8674
Partridge, George (EEC) [mailto:George.Partridge@ky.gov]

1
GP1359
Hello Nancy;

--
-----
=---~-
~----
Thanks again for reviewing these documen.ts and helping us understand how EPA regulates wastes from companies such

Sincerely,
George
~eor9eP.PartridfjeJ~
Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1360
fl!j.om:
Sent:
To:
Subject:

RE: TENORM
Lindsey;
Please direct all your questions to Tony Hatton and Jon Maybrair. They are the ones corresponding with everyone
considering all that happened.
George
-----Origina I Message----From: Lindsey & Debbie Briggs [mailto:ldbriggs@bellsouth.net]
Subject: Re: TENORM
The newspaper article is better than WKVT's press release. Why was McKinley unavailable for comment?
Lindsey
..
>
>Lindsey;
>
>
>George
>
>Subject: Re: TENO RM
>
>On the news, but I think some of the information is wrong. WKYT's Face book page has someone saying the material is
exempt.
> '
>Lindsey
>
>
indsey;
>>
1
GP1361
>>
George
>>
Subject: Re: TENORM
>>
_ <?_Hc:i_~ thgrgJ.:i~_~ruu1 g<;<;eptan~r:9f !'!_1.1ttiority by sorl'leoneO?
>>
Lindsey
>>
>>
>>>
> Lindsey;
>>>
>>>
>>>
> Have a nice week!
>>>
>George
>>>
>Subject: TENO RM
>>>
>>>George,
>>>
>>>
>Lindsey
>>
>
.....
2
GP1362
- - - - - - -
a.,m
~nt:
To:
Subject:
Young, Anita (EEC)

Thinking of you
I know you have had a rough last couple of weeks ....... Just wanted to let you know that I am praying for your health &
wellbeing during these difficult times.
Please take care of yourself and try to eat & get enough rest.
I appreciate your perseverance & determination in trying to resolve the issues that concern us all greatly.
I greatly appreciate all that you are trying to do to protect others and to hold the ones involved accountable.
Take care of yourself
Anita
GP1363
--m
~t:
To:
Cc:
Subject:

Kalt, Brian
McKinley, Matthew W (CHS-PH); Fowler, Kathy L (CHFS PH); Maybriar, Jon (EEC);
Anderson, Danny J (EEC); Partridge, George (EEC); Brock, Stephanie C (CHS-PH);
RE: Fairmont Brine Processing
Hello Mr. Kalt,

It was a pleasure speaking with you on the phone this morning. Again, I want to thank you and Fairmont Brine
Processing for reaching out to our office and to our colleagues in the Dept. of Environmental Protection as we work to
resolve the issues we are now facing. With this now making front page news in the local papers, the sooner we get a
firm grip on what we are dealing with and the potential impact to public health and safety, the better.
And I especially want to thank you for offering to provide samples of sludge from this same settling tank where the
material we are now dealing with first originated at FBP. The fact that the tank is used in the initial stage of settling and
precipitation of oil and gas flowback and produced fluids, I would imagine the sludge now in your tanks is fairly
representative of what was there last summer when these tanks were cleaned out and the material brought to KY. As
you said, you will understandably need to first discuss this with your attorneys to get their input, but I can assure you
that we will be more than happy to split those samples with FBP so you can have them analyzed by another lab of your
choosing for comparison. The Dept. for Public Health, Radiation Health Branch has its own Environmental Monitoring
AJ.poratory and the samples you provide would have the radiochemical analysis conducted by our laboratory and I am
~ my colleagues in Solid Wastes will wish to conduct their own analysis as well for other non-radioactive constituents.
We will probably reach out to our colleagues in the WV Office of Environmental Health Services/Radiation, Toxics and
Indoor Air Division to assist us in our sampling trip to your Fairmont WV facility.
As for your requests for documents provided by Mr. Cory Hoskins of Advanced TENORM Services/BES Technical
Solutions, Waste Management and Pace Analytical, I am going to have to forward that along to my colleagues in Solid
Waste for their input and consideration. As we discussed, the very preliminary radiation survey results by a staff
member from this office showed slightly elevated exposure rate readings in localized areas of the landfill cap but the
region where the landfill in question is located was found to have a high amount of shale which contains elevated levels
of natural uranium and thorium and decay daughters. Obviously, much more thorough and extensive radiation surveys
and sampling will need to be conducted to better characterize and quantify the radiological concerns.
Thank you again for reaching out to our office and we look forward to working with you and FBP to resolve this issue.
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
-502-564-3700 ext. 4183
502-564-1492
IT:
GP1364
Pay your fees on line at https://prd.chfs.kv.gov/rad epay/
Ynn(U~
l~!#<li~Mf~w:~f"'J\J)!ATltrf'ij&.HSiH.TH
From: Kalt, Brian [mailto:BKalt@fairmontbrine.com]
. ~to: Penoergrass;-curtTCHFs r>PH)

Subject: Fairmont Brine Processing
Mr. Pendergrass
Thank you for taking the time to talk with me today. Per our conversation, if you would, please send the following:
1. Any documentation that Cory Hoskins and or Advanced TENO RM Services presented to Blue Ridge Landfill, the
2.
3.
4.
Kentucky DEP and or The Kentucky Department for Public Health, Cabinet for Health and Family Services.
Any documentation and or results from Pace Analytical and or Waste Management.
Any links that can shed light as to whether or not the waste was exempt and or non-exempt.
You mentioned that your team did some radiation monitoring at the Blue Ridge Landfill, and the results
indicated 20 rem. Additionally, your team took a sample at the source of the reading. If you would, please
send analysis once received.
If anything else is needed on our end, please let me know.
Respcetfully,
Brian Kalt
President
Fairmont Brine Processing, LLC
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contents (including
any attachments) are confidential and may contain privileged information. If you are not an intended recipient you must not use,
disclose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
delete and destroy the message.
GP1365
--m
~t:
To:
Subject:
Razavi, Mohammad (EEC)

$275M SHALE BRINE PLANT SET IN W.VA. - FAIRMONT FIRM LOSES CONTRACT FOR
FACILITY
Perhaps, this was the reason they went with BES Technologies.
$275M SHALE BRINE PLANT SET IN W.VA. - FAIRMONT FIRM LOSES

CONTRACT FOR FACILITY
Page: D-1
The news that Antero Resources will build a massive $275 million wastewater
treatment plant to process shale brine in West Virginia wasn't a surprise for Brian
Kalt, general manager with Fairmont Brine Processing.
The surprise was learning that Antero would be building the plant with Veolia
Water Technologies, a branch of the French technology giant.
The Denver-based oil and gas company announced Wednesday that over the next
two years Veolia will design, build and operate the Sandstrom Wastewater
Treatment facility, a 60,000-barrel-a-day plant that will evaporate and crystalize
produced water - yielding fresh water and salt products to be used by the oil and
,. . industry.
GP1366
Clearing of the site, a patch of land near Route 50 in Doddridge County, has begun,
and Antero has filed two permits with the state, one for construction and another
for air emissions, over the past two months. That's how Mr. Kalt confirmed what
he'd been hearing - that his small company's major break was at risk.
f/j
Fairmont, a sister company of Pittsburgh-based Venture Engineering, has a small

ev~aporationand .crys1allizatton
pJant Jnfairmgnt, W.Va., wh~re~AnteroJ~Jts~- .
anchor client. The facility is a tenth of the size of what Veolia will be building.
Mr. Kalt said his company has spent the past year and $2 million on engineering
work for the large plant, which would have been tailored to Antero's needs but
also would have room for other producers' water.
Fairmont kept Antero apprised of its progress and forwarded all drawings and
descriptions of its treatment process, he said.
"Had we known that this was a possibility, we would not have allowed them so
much access to our patented process despite the non-disclosure agreement and
,
confidentiality agreement set forth in our contract," he said.
Alvyn Schopp, chief administrative officer and Antero's regional vice president of
Appalachia, said the company hasn't broken any confidentiality agreements and
did not share Fairmont's drawings with anyone.
"I'm sure they are disappointed," he said. "Fairmont and Veolia weren't the only
ones we looked at. We believe that we have been very fair with Fairmont, very
upfront with Fairmont."
Antero's contract for the existing Fairmont plant runs through 2016 and, despite a
recent pause, Mr. Schopp said the plan is to continue to send water to Fairmont
through the remainder of its contract.
After 18 months of planning, he said Antero chose the company that would deliver
"the most technologically advanced plant."
fll
"We think this will be closely watched by industry to see how successful this is," he
2
GP1367
said. If proven to be a viable alternative to disposal wells, Mr. Schopp said he

hopes more such plants will be built.
Veolia did not respond to calls for comment.
Antero said Wednesday that Sandstrom would be part of the company's water
division, which was incorporated in November and is being negotiated for sale to
Antero Midstream, a master limited partnership partly owned by Antero.
The oil and gas driller has operations in the Marcellus and Utica shales. Unlike
some operators that focus on exploration and production, and outsource
everything else, Antero is known to prefer to have control over all aspects, said
David Meats, an equity analyst with Morningstar Inc. That way it can tailor
infrastructure to its needs and control costs.
Antero said Wednesday that when the facility is ramped up, it will amount to a
$150,000 savings on each well.
. o u have to get rid of the water somehow. The need for water in tracking is huge.
-,,the other options were lower cost, they'd be doing that," Mr. Meats said.
Mr. Kalt said losing Antero will mean a "significant loss of revenue" for his
company. He said Fairmont will try to cobble together enough other producers to
justify building a large plant anyway.
Memo: Anya Litvak: alitvak@post-gazette.com or 412-263-1455.
Record: 15082018714642
Copyright: Copyright (c) 2015 Pittsburgh Post-Gazette
GP1368
-m:
Sent:
To:
Subject:

GreenHunter: Multistate Groups Demand Coast Guard Action to Protect Ohio River
Multistate Groups Demand Coast Guard Action to Protect Ohio River

Targeted News Service (USA) - February 19_, 2015Browse Issues
Section: Public Policy

COLUMBUS, Ohio, Feb. 18 -- The Ohio Valley Environmental Coalition issued the
following news release:
&ilting seriou.s public health and safety concerns, environmental and community
-,,oups opposed to barging of tracking waste sent a letter to the U.S. Coast Guard
requesting that the agency immediately initiate investigative action related to
GreenHunter, LLC to determine the true contents of waste that GreenHunter, LLC
may be transporting by barge on inland waterways, including the Ohio River and
the Mississippi River, both, sources of drinking water for millions of people.
The letter of February 17, addressed to Captain Richard Timme, also requests the
Coast Guard to issue a "cease and desist" order to GreenHunter, LLC to stop
transporting any "oilfield wastes" while the Coast Guard makes its determination
of what exactly is being shipped by the company. Additionally, the groups' letter
requests the Coast Guard to initiate an "enforcement penalty proceeding" if,
indeed, the Coast Guard finds Green Hunter in violation regarding possible
shipments of "shale gas extraction wastewater," or SGEWW.
For the past two years, GreenHunter, LLC ha.s been seeking U.S. Coast Guard
-mission to transport tracking waste on the Ohio River or other inland
waterways.
1
GP1369
The group's letter references a statement by Kirk Trosclair, COO of GreenHunter to

the Wheeling Intelligencer (2/6/15), 11 GreenHunter Water will continue to
transport 'oilfield waste' until such time as the Coast Guard ultimately decides on
the proper definition of 'shale gas extraction waste water' and the rules under
which such waste water can be transported. Once these rules are finalized,
__ GceenHunterwiJLcampJywitb~~these_rulesand_regulati.ons.
11
_______
-~
__________ _
The group reads Trosclair's statement that GreenHunter 'will continue to

transport' to mean that the company is actively shipping drilling wastes now, with
impunity and without legal authority."
Currently, tracking waste has too many legal exemptions, trade secrets, and
euphemisms associated with it making it difficult to ascertain the precise
components of the tracking waste. This in itself makes this situation not your
typical shipment for transport down the Ohio River. Obviously, the Coast Guard
needs to know exactly what substances are being transported on the waterways
so that they can protect the public interest.
~
Dr. Randi Pokladnik says she "is concerned with the ability of local public drinking
water systems to remove the numerous aromatic organic, carcinogenic and
endocrine disrupting chemicals contained in wastes from shale gas extraction."
"Just the thought of toxic and potentially radioactive unconventional gas well
waste being shipped by barge on the Ohio River sickens me" says Robin Blakeman,
organizer with the Ohio Valley Environmental Coalition in Huntington, WV. 11 1, and
three generations of my entire immediate family get our tap water from the
Huntington, WV intakes. I am appalled that a company like Green Hunter would
try to subvert the Coast Guard's authority and may already be shipping this
noxious substance by barge, as well as by truck near the river's edge. I hope the
Coast Guard and the US EPA will do everything in their power to fully investigate
Green Hunter's operations and stop them from any activity which endangers our
tap water!"
One only needs to consider the recent events of Charleston and Fayette County,
West Virginia and Toledo, Ohio to grasp the enormity of the consequences of
2
GP1370
fll'
losing - even temporarily - a source of drinking water.

-bruary 18, 2015
United States Coast GuardO
Sector - Ohio Valley
600 Martin Luther King Jr. Place
Louisville, Kentucky 40202
ATIN: Captain Richard Timme
SUBJ: Request for Investigative Action: GreenHunter LLC Dear Captain Timme:
We are a coalition of grassroots and nongovernmental organizations which have
long and actively opposed the allowance of barge shipments of oil and gas drilling
4'1tastes from hydraulic fracturing (tracking) - what the Coast Guard calls "shale gas
extraction wastewater," or SGEWW - on inland waterways.
We filed comments in the Coast Guard rulemaking as directed, via Regulation.gov,
and our members include persons imminently threatened with environmental and
health hazards by the content of "SGEWW" which may leak or be volatilized or
burned if barge shipment is permitted in your district. We are copying US EPA
Region IV in Atlanta which has jurisdiction over the Ohio River. Emergency
remediation and incident command control measures by the USCG and US EPA
would be needed if this SGEWW is allowed to be shipped. No public notice has
been given to first responders along the banks of the river that SGEWW shipments
would be allowed to commence in order for first responders to be given the
requisite training qnd response equipment to deal with the probable
consequences of SGEWW release or ignition.
M s with growing concern that we have witnessed the unfolding controversy in the
-Jlllllll!st three weeks, in which GreenHunter LLC has insisted during investor
presentations that the firm has received Coast Guard permission to ship oil and
3
GP1371
- - - - - - - - -
- .
gas drilling wastes via barge on the Ohio and Mississippi river systems.
GreenHunter, which has been pursuing permission to ship tracking wastes for
more than two years, has departed from its original scheme to add those wastes
to the Coast Guard list of legal cargoes, and now insists that Captain Richard
Timme has authorized "oilfield wastes" to be river-transported under the terms of
Navigation and Inspection Circular 7-87. As you know, Dr. Cynthia Znati of the
... _... USC.G_HQhaspubJidyd.ente.d_thatSGEWW is ~LPJ~cmitted ~arggforQhioRiYer_.
barge shipment, in part, because of the 70,000 comments received that must be
reviewed, some that include evidence of the radioactivity in the sludge
components which pose risks greater than that of classical "oilfield waste."
We're gratified that Dr. Znati's response to our concerns and news media
questions, correctly communicated the meaning of Captain Timme's
correspondence with GreenHunter, and that the agency is still deliberating the
question of whether USCG would permit SGEWW to be shipped.
We were therefore surprised when GreenHunter LLC defied the USCG authority
over SGEWW shipments by publicly stating its intention to ship these mixed
radioactive and toxic chemical sludge wastes.
On February 6, 2015,Kirk Trosclair, COO of GreenHunter, told the Wheeling

Intelligencer that, "GreenHunter Water will continue to transport 'oilfield waste'
until such time as the Coast Guard ultimately decides on the proper definition of
'shale gas extraction waste water' and the rules under which such waste water can
be transported. Once these rules are finalized, GreenHunter will comply with these
rules and regulations."
(http://www.theintelligencer.net/page/content.detail/id/624568/RadiationConcerns-Coast-Guard.html).
We read Trosclair's statement that GreenHunter "will continue to transport" to
mean that the company is actively shipping drilling wastes now, with impunity and
without legal authority. Regulation does not turn on semantic differences, but
instead, on physical evidence. In the instance of transporting radioactivity-laced
industrial toxins on public waterways, the lack of evidence of the true nature of
GreenHunter's cargoes is of grave concern. Therefore, we ask that the Coast Guan~
Criminal Investigative Service be asked to examine the contents of the current
4
GP1372
shipments and the dockside tanks owned by Green Hunter. If these contain
SGEWW as we believe they do, we ask the CGCIS to initiate enforcement penalty
.oceeding or criminal information proceeding in consultation with the Office of
the United States Attorney for the Southern District of Ohio.
The Ohio and Mississippi rivers are a source of drinking water for millions of
people. A January 2015 Pennsylvania Department of Environmental Protection
study of the tracking waste stream in Pennsylvania showed that inadequate
traceability and public protections are in place to handle the at-times highlyradioactive tracking emissions and wastes. That study, found here, has prompted
reconsideration of Pennsylvania's weak regulations. Among other findings, tracking
waste liquids (SGEWW) contained levels of radioactivity in excess of 26,600 pCi/L.
1 {Copy of pages excerpted from study enclosed). The federal drinking water
standard is 5 pCi/L. Leakage of GreenHunter cargoes into river waters in the
present circumstances, where the company insists it need not test or characterize
its "oilfield wastes" could be catastrophic, and at a minimum, could pose
continuing environmental and health hazards which would stress public water
. . . pp lies and various forms of wildlife.
For these reasons, we urgently request that the Coast Guard act immediately to
initiate a criminal investigation of operations associated with GreenHunter LLC.
Pending discovery of the contents of any barges and storage tanks, including
records of contents of any barge shipments, to issue an immediate cease and
desist order to Green Hunter to halt any shipments of "oilfield wastes" regardless
of the origins claimed by GreenHunter LLC.
Given GreenHunter's impunity in asserting that they will not follow the USCG HQ
Hazardous Materials Branch Directive, an immediate cease and desist order should
accompany the USCG CGCIS to visit to this shipper's site and its barges to take
evidence of the SGEWW movement that would be admissible in the courts.
Please respond immediately respecting the Coast Guard's planned response to
GreenHunter's defiance of the USCG authority over SGEWW in current and past
- g e shipments. Thanking you in advance,
Teresa Mills
5
GP1373
2319 Parkridge Court
Grove City, OH 43123

On behalf of the signatories that are provided on the following page.
cc:
RADM Kevin Cook, Commander,
Eighth Coast Guard District, Hale Boggs Federal Building,
500 Poydras Street
New Orleans, LA 70130
Office of Investigation, Coast Guard Criminal Investigative Service
245 Murray Dr. - Bldg. 410 Stop 2600, Washington, DC 20528
James Giattina, US EPA Region IV,
61 Forsyth St. Atlanta, GA 30303
Dr. Cynthia Znati
U.S. Department of Transportation
West Building, Ground Floor
1200 New Jersey Ave SE
Washington , DC 20590-0001
Signatories:
6
GP1374
"'on cern ed Citizens Ohio/Sha le rsvi lie

Mary Greer
Shalersville, OH
Fresh Water Accountability Project
Leatra Harper
Grand Rapids, OH 43522
Southeast Ohio Alliance to Save Our Water
Senecaville, OH 43780
.oncerned Citizens of Medina County

Kathie Jones
Medina, OH
CCLT/Uniontown IEL Superfund Site & Stark
County Concerned Citizens, Christine Borello
Plain Township, Ohio
Guernsey County Citizens Support on Drilling Issues
Greg Pace
eeernsey County, OH
Morrow County Power
7
GP1375
Donna Carver
Mt Gilead, OH
Radioactive Waste Alert
Carolyn Harding
Columbus, OH
Defenders of the Earth Outreach Mission
Rev. Monica Beasley-Martin
Youngstown, OH
Southeastern Ohio Fracking Interest Group

Betsy Cook
Lowell, OH Washington County
West Virginia Sierra Club
Jim Sconyers
Co-Chair, Marcellus Campaign
West Virginia
Center for Health, Environment and Justice
Ohio field office

Teresa Mills
8
GP1376
--
--~
----------
,lumbus,OH
Ohio Valley Environmental Coalition
Robin Blakeman
Huntington, WV
FaCT-OV
Patricia Jacobson
Wheeling, WV
Ohio Alliance for People and Environment
~ Joseph Cronin
Yellow Springs, OH
Buckeye Forest Council
Heather Cantino, board vice chair
Columbus, OH
Concept Zero Student Group
David Nickell
West Kentucky Community College, KY
-thwest Ohio No Frack Forum
Joanne Gerson
9
GP1377
Cincinnati, OH
Athens County Fracking Action Network
Roxanne Groff, steering committee member
Athens, OH
Licking County Concerned Citizens for Public
Health and Environment
Carol Apacki
Licking County, OH
Jefferson County Ohio Citizens for

Environmental Truth
Jonathan Smuck
Steubenville, OH
Cumberland Chapter Sierra Club
Judy Lyons, Chair
Lexington, KY
Frackfree America National Coalition
Diana Ludwig
McDonald, OH
10
GP1378
JICT-
Faith Communities Together
Ron Prasek, Convener

Ohio
Frackfree Mahoning Valley
Susie Beiersdorfer
Youngstown, OH
Guardians of Mill Creek Park
Lynn Anderson
..,ungstown, OH
Clean Water Action Pennsylvania
Steve Hvozdovich
Pittsburgh, PA
We Are Not Expendable
John Williams
Trumbull County, OH
People for Safe Water
rilyn Welker
Springfield, OH
11
GP1379
Network for Oil and Gas Accountability and

Protection Vanessa Pecec
Concord Twp., OH
Coshocton Environmental and Community
Awareness
Nick Teti
Coshocton, OH
Communities United for Responsible Energy
Caitlin Johnson
Youngstown, OH
Concerned Barnesville Area Residents
John Morgan
Belmont County, OH
Appalachian Ohio Sierra Club
Loraine Mccosker
Athens, OH
Northwest Ohio Alliance to Stop Fracking

Leslie Harper
12
GP1380
"'heeling Water Warriors

Robin Mahonen
Wheeling, WV
Friends of Bell Smith Springs
Sam Stearns
Stonefort, IL
Food & Water Watch
Alison Auciello, Ohio organizer
.ncinnati, OH
[Category: Environment]
TNS 24HariCha 150219 30FurigayJane-5034306 30FurigayJane
Memo: Teresa Mills, 614/507-5651, tmills@chej.org
Index terms: Trade Associations; Press Releases
Dateline: COLUMBUS, Ohio
Record: 5034306
Copyright: Copyright (c) 2015 Targeted News Service. All rights reserved.
13
GP1381
-om:
Nielsen, Jamie (EEC)

Young, Anita (EEC)
requested documents
Sent:
To:
Cc:
Subject:
George,
I'll bring you these documents for your files.
$&~~S
II~
:~;
~~f'l:
~It~
J~N~

200 Fair Oaks Ln, 2"d Floor
Phone: (502) 564-6716
GP1382
Cc:
Subject:

Frame, Jason R
Will do Jason and thanks for the offer and for all the help that you have given us. We literally could not have done this
without you. I have a feeling we are going to be spending a lot of time at Blue Ridge Landfill in Irvine KY.
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
From: Frame, Jason R [mailto:Jason.R.Frame@wv.gov]

Subject: RE: Fairmont Brine Processing
Let me know when you would like to go, it's about 1.5 hours from my office in Charleston.
Jason R. Frame B.S. R. T. (R), Chief Radiological Health Program

Office of Environmental Health Services/Radiation, Toxics and Indoor Air Division
350 Capitol Street, Room 313
Charleston, West Virginia 25301
Office: (304)356-4303
Fax: (304) 558-0524
Email: Jason.R.Frame@WV.gov
GP1383

From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Penderqrass@ky.gov]
To: Kalt, Brian
Cc: McKinley, Matthew W (CHS-PH); Fowler, Kathy L (CHFS PH); Maybriar, Jon (EEC); Anderson, Danny J (EEC);
Partridge, George (EEC); Brock, Stephanie C (CHS-PH); Higginbotham, Jeri (EEC)
,
Hello Mr. Kalt,
Laboratory and the samples you provide would have the radiochemical analysis conducted by our laboratory and I am
sure my colleagues in Solid Wastes will wish to conduct their own analysis as well for other non-radioactive constituents.
As for your requests for documents provided by Mr. Cory Hoskins of Advanced TENO RM Services/BES Technical
Regards,
2
GP1384
---------

ailstop HSlC-A
ankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Dispose of un~anted sources http:ljwww.crcpd.org/StateServices/SCATR.aspx

Mr. Pendergrass
1. Any documentation that Cory Hoskins and or Advanced TENORM Services presented to Blue Ridge Landfill, the
2. Any documentation and or results from Pace Analytical and or Waste Management .
3. Any links that can shed light as to whether or not the waste was exempt and or non-exempt.
4. You mentioned that your team did some radiation monitoring at the Blue Ridge Landfill, and the results
Respcetfully,
Brian Kalt
President
412-680-6244
GP1385
fl'om:
Sent:
To:
Cc:
Subject:

Frame, Jason R
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Website: http://www.chfs.ky .govI dph/radioactive. htm
Be notified of proposed regulation changes https:l/secure.kentucky.gov/Regwatch/
~~~s~ .of..~..n....w. a... ~'~ed. sources http://www.crcpd.org/StateServices/SCATR.aspx
~tj!l~
F~tllAritl-NtlaH!U';U~


Office: (304)356-4303
Fax: (304) 558-0524
GP1386
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]
Sent: Friday, February 26,

To: Kalt, Brian
2016 12:01 PM
Cc: McKinley, Matthew W (CHS-PH); Fowler, Kathy L (CHFS PH); Maybriar, Jon (EEC); Anderson, Danny J (EEC);
Hello Mr. Kalt,
sure my colleagues in Solid Wastes will wish to conduct their own analysis as well for other non-radioactive constituents.
Regards,
2
GP1387

ailstop HS1C-A
ankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
~
. .~
. . -l!!J;:~F!Ty
f-:A!Jl.l!CrtONm:tll~tH


Mr. Pendergrass
1.
2.
3.
4.
Any documentation that Cory Hoskins and or Advanced TE NORM Services presented to Blue Ridge Landfill, the
Any documentation and or results from Pace Analytical and or Waste Management.
You mentioned that your team did some radiation monitoring at the Blue Ridge Landfill, and the results
Respcetfully,
Brian Kalt
President
412-680-6244
disclose, diss.eminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
GP1388
Cc:
Subject:
Frame, Jason R <Jason.R.Frame@wv.gov>

I thought someone on your side said this material sent to multiple landfills.

Office: (304)356-4303
Fax: (304) 558-0524

To: Franie, Jason R
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
502-564-1492
. .ail: curt.pendergrass@ky.gov
1
GP1389

Jlgp!YJ_~
1'Jl~ttlAT40tlil~J-~~~AL'tH


Office: (304)356-4303
Fax: (304) 558-0524
Sent: Friday, Febr.uary 26, 2016 12:01 PM

To: Kalt, Brian
Cc: McKinley, Matthew W (CHS-PH); Fowler; Kathy L (CHFS PH); Maybriar, Jon (EEC); Anderson, Danny J (EEC);
Hello Mr. Kalt,
2
GP1390
my colleagues in Solid Wastes will wish to conduct the. ir own analysis as well for other non-radioactive constituents.
~_will probably reach out to our colleagues in the WV Office of Environmental Health Services/Radiation, Toxics and
.,a=
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
. a i l : curt.pendergrass@ky.gov
Dispose of unw~nted sources http://www.crcpd.org/StateServices/SCATR.aspx
m..
C..
IV...., ..
...
Z l
">.;::
from: Kalt, Brian [mailto:BKalt@fairmontbrine.com]

Mr. Pendergrass
1.
Any documentation that Cory Hoskins and or Advanced TENO RM Services presented to Blue Ridge Landfill, the
2. Any documentation and or results from Pace Analytical and or Waste Management.
3. Any links that can shed light as to whether or not the waste was exempt and or non-exempt.
4. You mentioned that your team did some radiation monitoring at the Blue Ridge Landfill, and the results

3
GP1391
Respcetfully,
Brian Kalt
President
412-680-6244 .
~-=---
----- - - - - - - - - - - - - -
GP1392
...A_m
Subject:
Attachments:

Template TENORM.docx
Template TENORM.docx
Sensitivity:
Confidential
~t:
To:
This draft letter is for internal use only .
GP1393
ENERGY AND ENVIRONMENT CABINET
Matthew G. Bevin
Governor
DEPARTMENT FOR ENVIRONMENTAL PROTECTION

DIVISION OF WASTE MANAGEMENT
200 FAIR OAKS LANE, 2ND FLOOR
FRANKFORT, KENTUCKY 40601
PHONE(502)564-6716
Charles G. Snavely
Secretary
www.dep.ky.gov
February 26, 2016
{Landfill Name and Address}
RE:
Request for Information to all Contained Landfills in Kentucky
To Whom It May Concern:
The Kentucky Division of Waste Management (DWM), Solid Waste Branch hereby
requests information pursuant to 401 KAR 47: 120, Section 1(8). DWM requests waste
manifests, profile sheets, and associated analytical data for any waste accepted by your facility
since January of 2015. This request includes, but is not limited to, documents that relate to
material that meets the following criteria:
1.
Associated with the following companies:

a. Advanced TENORM Services
b. Any company linked with the individual Cory or Jason Hoskins
c. BBU Services of West Virginia
d. BES
e. BES Technical Solutions
f. Buckeye Water Service (BWS)
g. Cambrian Well Services
h. E&R Energy
i.
Fairmont Brine
J. Fairmont Brine Processing
k. Goff-USTS
1. Greenhunter
m. Mountain States Environmental
n. Muskingum Iron & Metal
o. Nuverra Environmental Solutions
p. Pressure Tech
q. Salyer Branch Transport
KentuckyUnbridledSpirit.com
An
Equal Opportunity Employer M/F/D
GP1394
{Landfill Name, Date, and Al number}
'
2.
Waste with the following or similar descriptions:

a. Filter press solids
b. Drilling mud/sludge
c. Oil and Gas Exploration and/or Production Materials such as soil, debris, dirt, rock,
gravel, mud, solids, or sludge
d. Used filters or cartridges
e. Filter socks
f. Filter sludge
g. Tank bottom sludge
h. Dry cake or mud cake
i. Brine pit waste, including solids or sludge
j. Any waste associated with the oil and gas exemption per 40 CFR 261.4(b)(5)
3.
Any Industrial Waste or Special Waste generated in Ohio or West Virginia
Please include a table of contents and a cover letter signed by a person with signature
authority for the facility. All correspondence should also reference the facility Agency Interest
Identification number. Please submit the information no later than March 18, 2016 to the
address below:

Solid Waste Branch, Second Floor
200 Fair Oaks Lane
Should you have any questions regarding this request, please contact me at (502) 5646716, extension 4664 or Jamie Nielsen at extension 4773.
Sincerely,

Manager, Solid Waste Branch
DA/jnn
KentuckyUnbridledSpirit.com
An
Equal Opportunity Employer M/F/D
GP1395
--
----
------------- ----
e?~
To:
Subject:
jeremy.slucher@ky.gov
DEP- MOTOR POOL/FAIR OAKS - Change Request Completed (Request ID: R025202)
Your change request has been completed by the Motor Pool staff. Please review the information below to ensure that
your request meets your needs.
Your schedule can be viewed on-line at: https://eecppc.agilefleet.com/ MyScheduleBrowse.asp?Requests=Current
If the link above spans more than one line you may need to copy and paste.
Requestor: Partridge, George
Driver: Partridge, George
Request date/time: 02/26/2016 2:26:50 pm
Pick-up: 2/26/2016 3:00:00 PM
Return: 2/27/2016 8:00:00 PM
Duration: 1 day 5 hours
Request ID: R025202
Confirmation#:
Usage Type: Motor Pool
Site: DEP- MOTOR POOL/FAIR OAKS
Location:
Vehicle: Unassigned
Type:
License Number:
Options:
Account: DWM-SWB
Department: DEP
Destination: Site Visit at Irvine, KY t
Object Code: Y
Comments: Thank you! George
PLEASE NOTE: Due to some vehicles returning late to the motor pool, we may have to assign you a different vehicle on
the day of your reservation. You will also be notified prior to your scheduled trip if no vehicles are available so that
alternate transportation can be arranged.
Please pick up the vehicle at the Pick-up date and time indicated above .
GP1396
~~:
To:
Subject:
Attachments:

RE: TENORM Doc Draft
Template TENORM - GP.docx
Jamie;
I will send you updates as I add to the draft document. Each will have a GP added to the document name to know it is a
version I am work with.
Thank you,
George
<;eorge P. PartrUf.ae Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
'
GP1397
e!.7:'
To:
Subject:
Cooley, Tony (EEC)

EEC DEP DWM SWB
DVD burner now available for use
IT assigned an external DVD burner to me on my inventory. Because it is so portable and is on my inventory, I will
routinely keep this in my office rather than leave it with the mirror stereoscope CPU. It is a black 6 x 6 inch plastic
square labeled the name Transcend located under a stack of blank DVD-R's next to my phone.
If you need to burn a DVD, you can borrow it to use on your own CPU's and then return it afterwards. Use the blank
DVD's as needed.
Tony Cooley
P.E., P.G.
Environmental Engineer II
EEC-DEP Division of Waste Management
Solid Wasie Branch, Closure Section
502-564-6716
502-56-1-8158 ext 4654 (direct)
GP1398
-m:
Sent:
To:
Subject:
Attachments:

FBP
FBP.JPG

Geologist
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716 ext. 4653
GP1399

Maybriar, Jon (EEC)
Thomas, Richard F (EEC); Weems, George (EEC); Partridge, George (EEC)
Hatton, Tony (EEC); Anderson, Danny J (EEC)
FW: RHB and BERT surveys in Estill County on 2/27 /16
. .m:
Sent:
To:
Cc:
Subject:
Let's assume this is a go and be onsite in the morning.

To: Maybriar, Jon (EEC)
Subject: RE: RHB and BERT surveys in Estill. County on 2/27/16

As far as I know Jon. I believe everyone but the Secretary has given the green light and from what I hear, her approval is
a given. Are you planning to send anyone?
Mailstop HS1C-A
Frankfort, KY 40621
~I: 502-564-3700 ext. 4183
. .x: 502-564-1492
Dispose of un~anted sources http:Uwww.crcpd.org/StateServices/SCATR.aspx
Kr&JtUJ
'
f'J\tl(AilOl~~H~i:t'rH

Subject: RE: RHB and BERT surveys in Estill County on 2/27/16

Is this final yet

Subject: RHB and BERT surveys in Estill County on 2/27/16

.lloJon,
GP1400
Just to let you know, myself, my Branch Manager Matt McKinley, our Division Director Kathy Fowler and several
members of our Radiation Health Branch staff will be meeting Lt. Matt Blose of Winchester Fire Dept. and other
members of the Area 13 Bluegrass Emergency Response Team at 9:00 AM in the morning in the parking lot of the Estill
County High School across the street from Blue Ridge Landfill. Lt. Blose and his BERT colleagues are U.S. Dept. of Energy.
certified Radiation Specialist. We will be bringing our radiation detection instrumentation and plan on taking lots of
radiation and contamination surveys both outside and inside of the high school and middle school. If we have the time,
we may also conduct additional surveys of the landfill as well.
If you would please, contact those in charge in Estill County and see if they can arrange to have someone available to
.. .
g;iv~ ~s ~~cess to_ th~ ~~hoo~ r>remises.
Thanks,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
/(f2lf{!fg~
flA1Tt)NHzALTH
GP1401
-m:
Sent:
To:
Cc:
Subject:

Maybriar, Jon (EEC)
Partridge, George (EEC); Weems, George (EEC)
RE: RHB and BERT surveys in Estill County on 2/27/16
Sounds great Jon. Can we all plan on meeting up at some place besides the schools so we arrive on scene as a unit? I was
thinking maybe the McDonalds at exit 90A off 1-75 in Richmond at KY Hwy 25. From there it is pretty much a straight
shot into Irvine on 52. If we can leave there by 8:20 AM we should have plenty of time to make the 30 min. drive to
Irvine and be at the school by 9:00 AM. George and George, what do you think?
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Website: http://www.chfs.kv.gov/dph/radioactive.htm
. ~notified o. f pro.posed regulation changes https:ljsecure.kentucky.gov/Regwatch/
""'Wspose of unwanted sources http://www.crcpd.org/StateServices/SCATR.aspx
Ki?JJ~
r~.A!'J1A110:ta&H~J.TH

George Weems and Partridge


ntucky Radiation Health Branch
5 East Main Street
Mailstop HSlC-A
Frankfort, KY 40621
1
GP1402
Tel: 502-564-3700 ext. 4183

Fax: 502-564-1492
V,mAtufkflA
~t,..,....,..,..rw!'.I.
f;'.t\JJJ)l;'F!oN11V-J.. TH

Is this final yet

Hello Jon,
'
County High School across the street from Blue Ridge Landfill. Lt. Blose and his BERT colleagues are U.S. Dept. of Energy
radiation and contamination surveys both outside and inside ofthe high school and middle school. If we have the time,
give us access to the school premises.
Thanks,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
GP1403
ti!~=
To:
Cc:
Subject:
Kevin Koska <kevink@shalemtr.com>

David Patrick
Re: Conversation
George,
I recently noticed news stories about illegal TENORM dumping in Kentucky. Please keep my identity confidential
regarding the reporting of this activity. I would like all correspondence regarding this subject (written or verbal) to
remain confidential due to potential problems it may cause me with my customer base.
Thank you.
Kevin D KOSKO
Sent from .my iPhone
On Jan 28, 2016, at 4:04 PM, Partridge, George (EEC) <George.Partridge@ky.gov> wrote:
Kevin;
Delighted I could speak with Jason from WV today. He was very generous with his time and the
information he provided was both very informative and helpful.
Also we realized I had not received the correspondence that he sent last summer and earlier this month
since my name had been misspelled in the email address.
He brought me up to date on what has taken place which I appreciated so much.
Thanks again for all the helpful information you shared.
Look forward to keeping in touch as issues surrounding lENORM continue to develop.
Thanks again,
George
From: Kevin Kosko [mailto:kevink@shalemtr.com]
Sent: Thursday, January 28, 2016 12:22 PM

Cc: David Patrick
Subject: RE: Conversation
George,
I understand you spoke to Jason Frame; thank you for following up. Jason is a really good guy who
always seems to want to "do the right thing". I think WV was in relatively the same situation about a
year ago as Kentucky is in now. I worked with him and Ken Holiday from WVDEP and as hard as they are
1
GP1404
trying, I think they are finding it tough sledding when it comes to getting new rulemaking through the
state legislature. Hopefully, Jason's experiences with this issue might help you folks out.
I will continue to keep my eyes open for other instances where out of state TE NORM being disposed of
in Ky.
Best Regards,
Kevin
KErvinKosko
Vice President
Compliance/Regulatory Affairs
Shale Mountain Resources
Phone: (937) 470-2655
<image001.jpg>
Protect the future, recycle the past ...

Sent: Wednesday, January 27, 2016 12:25 PM
To: Kevin Koska <kevink@shalemtr.com>
Kevin,
Thank you so much for continuing to keep in touch with me on TERNORM.
You are correct on KRS 211.863. KRS is the Kentucky Revised Statues. The KAR (Kentucky Administrative
Regulations) which people follow closely, to my knowledge does not address what is required by KRS.
'
.'
I have been concerned that Green Valley may be targeted to receive TENO RM and want to investigate
the situation, checking their records on waste received.
To help me focus on where I need to be investigating, please help me with the following questions:
Who is telling the generators that this is a legal disposal option by the landfill facility?
Please provide any descriptions on how the waste would be contained, shipped or described.
Please provide a time period (days, months, etc.) that will help me narrow down the files I need to
review to identify waste received at Green Valley.
My plans are to make an unannounced site visit once I know better who I need to meet with and where I
need to focus my time on regarding the review of files/manifest for waste being received by the
facility. I will also be researching our files here in Frankfort.
The Green Valley Facility owned by Republic Services from my understanding. I know the engineers and
consultants that work for that facility, both with Republic as well as the contractors/consultants.
GP1405
With your help I will be able to document a situation which will help me to continue to build a case to
expedite the needed regulatory framework for Kentucky.
For this year I have been officially assigned to work on the TENO RM waste disposal issue for the Solid
Waste Branch and support the work that the Division of Waste Management in KDEP is doing to address
it.
I look forward to hearing from you!
Thanks again for all you are doing,
Sincerely,
George
<george P. Partrid{Je Jr., Pli'JJ, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image002.gif>
From: Kevin Koska [mailto:kevink@shalemtr.com]
Sent: Wednesday, January 27, 2016 11:03 AM

Cc: David Patrick

George,
I am writing to inform you that the amount of high concentration TE NORM waste being imported into
Ky. for disposal is larger than I originally thought. Just today, one of my salesman visited three facilities
in Norwich Ohio that are taking all of their TE NORM waste (that is too highly concentrated to enter or
that has been rejected by Ohio, PA, and/or WV) to Advanced Waste's Green Valley Facility located in
Ashland, Ky. Based on the regulation you sent (KRS 211.863) this is seemingly prohibited. The generators
are being told that this is a legal disposal option by the landfill facility. Is this correct? Is the Advanced
Waste Landfill facility truly a legal disposal option for highly concentrated TE NORM generated outside of
the region (KY and Illinois)? If so we would like to start sending the mass quantities of waste we have to
that facility instead of the specially constructed radioactive waste landfill where we currently send it.
Respectfully,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
3
GP1406
<image001.jpg>
From: Partridge, George {EEC) [mailto:George.Partridge@ky.gov]

Sent: Friday, January 15, 2016 7:55 PM
Kevin;
Thank you for contacting our Solid Waste Branch. It was a pleasure to speak to you over the phone
concerning a topic I have been concerned about and involved with for several years now.
Since we received two phone calls this week regarding TENO RM, the Director of the Division of Waste
Management has requested our Program Planning and Administration Branch to work with me to get
familiar with TENO RM and to look at how we need to respond here in Kentucky. This effort was
initiated as a result of your phone call. I did not share names, specifics, but only indicated in general
terms that if we ignore taking a position on TENORM, we will be witnessing its disposal in landfills
designated for other types of waste.
Please continue to stay in touch as you learn more.

I want an opportunity to identify a situation and use that to help establish the need for Kentucky to
develop a regulatory or policy framework while being sensitive to all parties involved, including landfill
management or companies that may not recognize or understand what they are facing as well as those
like yourself that share important information we need to work toward proper management of waste
disposal.
Thanks again for being so generous with you time and sharing all that you did with me.
Please do not hesitate to call or email me anytime.
I look forward to this coming week to continuing my work on TENO RM with other members of our
Division.
George
Sent: Wednesday, January 13, 2016 3: 12 PM

Cc: David Patrick
Subject: Conversation
George,
4
GP1407
Thank you for taking the time to talk with me today regarding TENO RM disposal regulations in the state
of Ky. You will also probably be getting a call from Leo Guzmondi from Nuverra regarding this issue. It
was ironic as I called him about taking their waste from several brine recycling facilities in Ohio and PA.
He stated that they were planning to take the 8-10 boxes (15 tons/box) that they produce daily to KY for
disposal. I told him of our discussion and KRS 211.863 and he was completely unaware of the statute.
The waste from those facilities and others similar (that currently take waste to KY) typically range from
300-600 pCi/g for Radium-226 and Radium-228. This is not only a significant concentration from a
worker/environmental protection standpoint (Ohio allows 6.99 pCi/g, North Dakota and Michigan allow
50 pCi/g) but compliant transportation of this material also requires DOT Radioactive LSA labeling or
Class 7 Radioactive Material placarding. I am not sure how the good people of Kentucky will feel about
seeing placarded loads of radioactive material going to local landfills.
This seems to be a similar situation that WV. was in about a year ago. The majority of TENO RM waste
rejected at PA and Ohio landfills was going to WV., when the press found out what was happening the
backlash was so severe the governor enacted emergency legislation to place a moratorium on TE NORM
disposal in all state landfills.
Please feel free to contact me if you would like.
Respectfully,
Kevin
Kevin Kesko
Vice President
Phone: {937) 470-2655
<image001.jpg>
Spam
Phi sh/Fraud
Not spam
Forget previous vote
Spam
Phi sh/Fraud
Not spam
Spam
Phish/Fraud
5
GP1408
f/&m:
Sent:
To:
Cc:
Subject:

'Kevin Koska'
Hatton, Tony (EEC); Maybriar, Jon (EEC); Anderson, Danny J (EEC); Pendergrass, Curt
(CHFS DPH)
RE: Conversation
Kevin;
I have been asked who initially let us know. My management knows since all my correspondence is now a record within
the state.
I am not identifying you or your company to anyone who calls.
George

Cc: David Patrick
Subject: Re: Conversation
.eorge,
I recently noticed news stories about illegal TENO RM dumping in Kentucky. Please keep my identity confidential
Thank you.
Kevin D KOSKO
Sent from my iPhone
Kevin;
since my name had been misspelled in the email address.
He brought me up to date on what has taken place which I appreciated so much .

Look forward to keeping in touch as issues surrounding TENO RM continue to develop.
1
GP1409
Thanks again,
George

Cc: David Patrick

George,
I will continue to keep my eyes open for other instances where out of state TE NORM being disposed of
in Ky.
Best Regards,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<imageOOl.jpg>
Protect the future, recycle the past...

Kevin,
Regulations) which people follow closely, to my knowledge does not address what is required by KRS .
I have been concerned that Green Valley may be targeted to receive TENO RM and want to investigate
2
GP1410
-----------------
---------
faeility. I will also be researching our files here in Frankfort.
consultants that work for that facility, both with Republic as well as t~e contractors/consultants.
For this year I have been officially assigned to work on the TENORM waste disposal issue for the Solid
Waste Branch and support the work that the Division of Waste Management in KDEP is doing to address
it.
Sincerely,
George
(jeorge P. PartridfJe Jr., Pli'D, P.P., QPP

Department for Environmental-Protection
Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image002.gif>

Cc: David Patrick

George,
I am writing to inform you that the amount of high concentration TE NORM waste being imported into
in Norwich Ohio that are taking all of their TE NORM waste (that is too highly concentrated to enter or
Waste Lanpfill facility truly a legal disposal option for highly concehtrated TENORM generated outside of
3
GP1411
Respectfully,
Kevin
Kevin Kosko
. . ...
ViceJ>residenL
Phone: (937) 470~2655
<image001.jpg>

To: Kevin Kosko <kevink@shalemtr.com>
Kevin;
Since we received two phone calls this week regarding TE NORM, the Director of the Division of Waste
Management has requested our Program Planning and Administration Branch to work with me to get
terms that if we ignore taking a position on TENORM, we will be witnessing its disposal in landfills
disposal.
GP1412

Division.
George

Cc: David Patrick
George,
50 pCi/g) but compliant transportation of this material also requires DOT Radioactive LSA labeling or
This seems to be a similar situation that WV. was in about a year ago. The majority of TENO RM waste
backlash was so severe the governor enacted emergency legislation to place a moratorium on TENO RM
Respectfully,
Kevin
Kevin Kesko
Vice President
Phone: {937)470-2655
<imageOOl.jpg>
Spam
Phish/Fraud
5
GP1413
Not spam
Spam
Phi sh/Fraud
Not spam
Spam
Phi sh/Fraud
Not spam
GP1414
!-m:

RE: RHB and BERT surveys in Estill County on 2/27 /16
Sent:
To:
Subject
Curt;
Sounds fine with me. I am still waiting to hear from George Weems. l went ahead and got a vehicle for tomorrow so I
could drive myself.
Can we exchange cell phone numbers in case we get delayed or something happens?
George
Cell: 859-221-8843 (personal cell phone number)

Cc: Partridge, George (EEC); Weems, George (EEC)
&_ounds great Jon. Can we all plan on meeting up at som. e place besides the schools so we arrive on scene as a unit? I was
~inking maybe the McDonalds at exit 90A off 1-75 in Richmond at KY Hwy 25. From there it is pretty much a straight
shot into Irvine on 52. If we can leave there by 8:20 AM we should have plenty of time to make the 30 min. drive to
Irvine and be at the school by 9:00 AM. George and George, what do you think?
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Dispose of u~anted sources http://www.crcpd.org/StateServices/SCATR.aspx
J(e11,.
.
.~
-l'llo

I
. n t : Friday, February 26, 2016 4:08 PM

: Pendergrass, Curt (CHFS DPH)

1
GP1415

Curt Pendergrass-PhD
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Kentu~
i~tlfZrfu~H~\ttri
-------~---------------oMo--~-----oOOO~~-- """"'''"-'''"""""'""""""""" '"'"'""" Oo ._,.,.,,,,.,,.,,,,, ,,,..,,,.,,.,,,,.,,,,,_
"""'""'' ,,,_,..... ,_,,,,~--""""""-""'-"""'""""""'"""'--'""'""'


Is this final yet


Hello Jon,
County High School across the street from Blue Ridge Landfill. Lt. Blose and his BERT colleagues are U.S})ept. of Energy
GP1416
Thanks,
urt Pendergrass PhD
pervisor, Radioactive Materials Section
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Kctltu~~
r~ot;;o~i~J..rH
GP1417
-m:
Sent:
To:
Subject:

'Kevin Kesko'
RE: Conversation
Kevin;
When you get this, for our internal information, if the TENO RM waste that was generated in Ohio was properly disposed
of according to Ohio's standards, what would the charge have been per ton?
All I am asking is a range representative of the companies that are the disposal business charge.
Please respond as soon as you can to my request.
Thank you,
George
From: Kevin Kesko [mailto:kevink@shalemtr.com]

Cc: David Patrick
.~bject: Re: Conversation
Sent:
George,
I recently noticed news stories about illegal TENORM dumping in Kentucky. Please keep my identity confidential
Thank you.
Kevin D KOSKO
Sent from my iPhone
Kevin;
since my name had been misspelled in the email address .
1
GP1418
Look forward to keeping in touch as issues surrounding TE NORM continue to develop.
Thanks again,
George

-ce:~oavia
Patrie!<
- ------- -

George,
I will continue to keep my eyes open for other instances where out of state TENORM being disposed of
in Ky.
Best Regards,
Kevin
'
Kevin Kosko
Vice President
Phone: (937) 470-2655
<image001.jpg>

Kevin,
Regulations) which people follow closely, to my knowledge does not address what is required by KRS.
GP1419
I have been concerned that Green Valley may be targeted to receive TENORM and want to investigate
facility. I will also be researching our files here in Frankfort.
consultants that work for that facility, both with Republic as well as the contractors/consultants.
For this year I have been officially assigned to work on the TENORM waste disposal issue for the Solid
Waste Branch and support the work that the Division of Waste Management in KOEP is doing to address
it.
Sincerely,
George
<george P. Partridjje Jr., PfiV, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image002.gif>

Cc: David Patrick
George,
I am writing to inform you that the amount of high concentration TENORM waste being imported into
in Norwich Ohio that are taking all of their TENO RM waste (that is too highly concentrated to enter or
3
GP1420
Waste Landfill facility truly a legal disposal option for highly concentrated TENORM generated outside of
Respectfully,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<image001.jpg>

Kevin;
Since we received two phone calls this week regarding TENO RM, the Director of the Division of Waste
Management has requested our Program Planning and Administration Branch to.work with me to get
terms that if we ignore taking a position on TE NORM, we will be witnessing its disposal in landfills
disposal.
4
GP1421
Division.
George

Cc: David Patrick
George,
1,
SO pCi/g) but compliant transportation of this material also requires DOT Radioactive LSA labeling or
This seems to be a similar situation that WV. was in about a year ago. The majority of TE NORM waste
backlash was so severe the governor enacted emergency legislation to place a moratorium on TENORM
Respectfully,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<imageOOl.jpg>
GP1422
Spam
Phish/Fraud
Not spam
Spam
.J?hish/F_raud_ . .
Not spam
Spam
Phish/Fraud
Not spam
'
GP1423
-m:
Sent:
To:
Subject:

Re: RHB and BERT surveys in Estill County on 2/27/16

Mailstop HS-1CA
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax: 502-564-1492
Website:http:Uwww.chfs.ky.gov/dph/radioactive.htm
Pay your fees on line athttps:Uapps4.chfs.ky.gov/Rad ePay/
Curt;
Sounds fine with me. I am still waiting to hear from George Weems. I went ahead and got a vehicle for
tomorrow so I could drive myself.
George
Sent: Friday, February 26,

2016 4:13 PM

Sounds great Jon. Can we all plan on meeting up at some place besides the schools so we arrive on
scene as a unit? I was thinking maybe the McDonalds at exit 90A off 1-75 in Richmond at KY Hwy 25.
From there it is pretty much a straight shot into Irvine on 52. If we can leave there by 8:20 AM we
should have plenty of time to make the 30 min. drive to Irvine and be at the school by 9:00 AM. George
and George, what do you think?

Mailstop HS1C-A
Frankfort, KY 40621
1
GP1424
--------
--
- -
Tel: 502-564-3700 ext. 4183

Fax: 502-564-1492
<imageOOl.jpg>
_F_!Q!fl;
M~yl:>riar,)011 (EEC)
- senfi -i=riday,-Fe&ruar}f 26~-:foT6-~E68--Ptvf


As far as I know Jon. I believe everyone but the Secretary has given the green light and from what I
hear, her approval is a given. Are you planning to send anyone?
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
<imageOOl.jpg>

Is this final yet


Hello Jon,
2
GP1425
Just to let you know, myself, my Branch Manager Matt McKinley, our Division Director Kathy Fowler and
several members of our Radiation Health Branch staff will be meeting Lt. Matt Blose of Winchester Fire
Dept. and other members of the Area 13 Bluegrass Emergency Response Team at 9:00 AM in the
morning in the parking lot of the Estill County High School across the street from Blue Ridge Landfill. Lt.
Blose and his BERT colleagues are U.S. Dept. of Energy certified Radiation Specialist. We will be bringing
our radiation detection instrumentation and plan on taking lots of radiation and contamination surveys
both outside and inside of the high school and middle school. If we have the time, we may also conduct
additional surveys of the landfill as well.
If you would please, contact those in charge in Estill County and see if they can arrange to have
someone available to give us access to the school premises.
Thanks,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
<image001.jpg>
GP1426
~~:
To:
Subject:

Partridge, George (EEC); Weems, George (EEC)
Re: RHB and BERT surveys in Estill County on 2/27/16
George, My cell phone number is 502-330-8379.

Mailstop HS-lCA
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website:http:ljwww.chfs.ky.gov/dph/radioactive.htm
Pay your fees on line athttps:ljapps4.chfs.ky.gov/Rad ePay/
Curt;
George



Mailstop HSlC-A
Frankfort, KY 40621
1
GP1427
Tel: 502-564-3700 ext. 4183

Fax: 502-564-1492
<image001.jpg>
seilI:i=r1aay~i=e-6rliaiY26~-2016 4:os-i:>rvi




Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
<image001.jpg>


Is this final yet

Hello Jon,
2
GP1428
-~-~----
Dept. and other members of the Area 13 Bluegrass Emergency Response Team at 9:00 AM in the
Thanks,
'

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
<imageOOl.jpg>
GP1429
----------------

.rom:
Sent:
To:
Subject:

Maybriar, Jon (EEC); Thomas, Richard F (EEC); Weems, George (EEC)
RE: RHB and BERT surveys in Estill County on 2/27/16
I went ahead and got a state vehicle and I am driving myself. I will meet at the location that Curt suggested unless I hear
otherwise.
George P.

To: Thomas, Richard F (EEC); Weems, George (EEC); Partridge, George (EEC)
Cc: Hatton, Tony (EEC); Anderson, Danny J (EEC)

Subject: FW: RHB and BERT surveys in Estill County on 2/27/16
Let's assume this is a go and be onsite in the morning.

" ' s far as I know Jon. I believe everyone but the Secretary has given the green light and from what I hear, her approval is
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.kv.gov/dph/radioactive.htm
Pay your fees on line at https:Uprd.chfs.ky.gov/rad epav/
Dispose of unwanted
sources http://www.crcpd.org/StateServices/SCATR.aspx
-,,,

o: Pendergrass, Curt (CHFS DPH)
ubject: RE: RHB and BERT surveys in Estill County on 2/27/16
Is this final yet
1
GP1430



Hello Jon,
-members~ofourRadiation Health-Bram:h staff-will be meeting Lt.- Matt Blose afWinC?hester Fire--Dept.-and other-------- ---members of the Area 13 Bluegrass Emergency Response Team at 9:00 AM in the morning in the parking lot of the Estill
County High School across the street from Blue Ridge Landfill. Lt. Blose and his BERT colleagues are U.S. Dept. of Energy
Thanks,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
'
N:!JJ!JJ
..
t~!:JJ.l.\T'lOf4~HeAttf\
h<
'
GP1431
.m:
Sent:
To:
Subject:

RE: RHB and BERT surveys in Estill County on 2/27 /16
Curt;
Thank you!
George

To: Partridge, George (EEC); Weems, George (EEC)
Subject: Re: RHB and BERT surveys in Estill County on 2/27/16

George, My cell phone number is 502-330-8379.
Mailsto HS-lCA
nkfort KY 40621
el: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website:http://www.chfs.ky.gov/dph/radioactive.htm
Pay your fees on line athttps://apps4.chfs.ky.gov/Rad ePay/
Curt;
George
..

GP1432
. - Mallstclp-HSIC=JX-- ..- ... - --- .
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
<image001.jpg>

'

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
<image001.jpg>
GP1433

Is this final yet

Hello Jon,
Dept. and other members of the Area 13. Bluegrass Emergency Response Team at 9:00 AM in the
'
Thanks,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
<image001.jpg>
GP1434
-
------
.m:
Sent:
To:
Subject:

Re: Conversation
George,
The Ohio waste acceptance criteria is only 6.99pCi/g for combined Radium-226/228 so that waste could never get into
Ohio.
Pa. disposal may have been an option as they accept up to 120uR/HR and there is a tiered pricing structure that tops out
at about $500/ton. We charge $460/ton to solidify, transport via rail and dispose of this type of waste at US Ecologies in
Grandview, Idaho.
Kevin
Sent from my iPhone
Kevin;
'
When you get this, for our internal information, if the TENO RM waste that was generated in Ohio was
properly disposed of according to Ohio's standards, what would the charge have been per ton?
Thank you,
George

Cc: David Patrick
George,
I recently noticed news stories about illegal TENORM dumping in Kentucky. Please keep my identity
confidential regarding the reporting of this activity. I would like all correspondence regarding this
subject (written or verbal) to remain confidential due to potential problems it may cause me with my
customer base .
Thank you.
GP1435
Kevin D KOSKO
Sent from my iPhone

Kevin;
Delighted I could speak with Jason from WV today. He was very generous with his time
and the information he provided was both very informative and helpful.
Also we realized I had not received the correspondence that he sent last summer and
earlier this month since my name had been misspelled in the email address.
Look forward to keeping in touch as issues surrounding TENORM continue to develop.
Thanks again,
George

Cc: David Patrick
'
George,
I understand you spoke to Jason Frame; thank you for following up. Jason is a really
good guy who always seems to want to "do the right thing". I think WV was in relatively
the same situation about a year ago as Kentucky is in now. I worked with him and Ken
Holiday from WVDEP and as hard as they are trying, I think they are finding it tough
sledding when it comes to getting new rulemaking through the state legislature.
Hopefully, Jason's experiences with this issue might help you folks out.
I will continue to keep my eyes open for other instances where out of state TENORM
being disposed of in Ky.
Best Regards,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
GP1436
<image001.jpg>
Protect the future, recycle the past.. .

Kevin,
You are correct on KRS 211.863. KRS is the Kentucky Revised Statues. The KAR
(Kentucky Administrative Regulations) which people follow closely, to my knowledge
does not address what is required by KRS.
I have been concerned that Green Valley may be targeted to receive TENORM and want
to investigate the situation, checking their records on waste received.
To help me focus on where I need to be investigating, please help me with the following
questions:
'
Who is telling the generators that this is a legal disposal option by the landfill
facility?
Please provide any descriptions on how the waste would be contained, shipped or
described.
Please provide a time period (days, months, etc.) that will help me narrow down
the files I need to review to identify waste received at Green Valley.
My plans are to make an unannounced site visit once I know better who I need to meet
with and where I need to focus my time on regarding the review of files/manifest for
waste being received by the facility. I will also be researching our files here in Frankfort.
The Green Valley Facility owned by Republic Services from my understanding. I know
the engineers and consultants that work for that facility, both with Republic as well as
the contractors/consultants.
With your help I will be able to document a situation which will help me to continue to
build a case to expedite the needed regulatory framework for Kentucky.
For this year I have been officially assigned to work on the TENORM waste disposal issue
for the Solid Waste Branch and support the work that the Division of Waste
Management in KDEP is doing to address it.
Sincerely,
3
GP1437
George
George P. PartrUljje Jr., Pfi'IJ, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image002.gif>

Cc: David Patrick
George,
I am writing to inform you that the amount of high concentration TENORM waste being
imported into Ky. for disposal is larger than I originally thought. Just today, one of my
salesman visited three facilities in Norwich Ohio that are taking all of their TENO RM
waste (that is too highly concentrated to enter or that has been rejected by Ohio, PA,
and/or WV} to Advanced Waste's Green Valley Facility located in Ashland, Ky. Based on
the regulation you sent (KRS 211.863} this is seemingly prohibited. The generators are
being told that this is a legal disposal option by the landfill facility. Is this correct? Is the
Advanced Waste Landfill facility truly a legal disposal option for highly concentrated
TENO RM generated outside of the region (KY and Illinois)? If so we would like to start
sending the mass quantities of waste we have to that facility instead of the specially
constructed radioactive waste landfill where we currently send it.
Respectfully,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<image001.jpg>
GP1438

Kevin;
Thank you for contacting our Solid Waste Branch. It was a pleasure to speak to you over
the phone concerning a topic I have been concerned about and involved with for several
years now.
Since we received two phone calls this week regarding TENO RM, the Director of the
Division of Waste Management has requested our Program Planning and Administration
Branch to work with me to get familiar with TENORM and to look at how we need to
respond here in Kentucky. This effort was initiated as a result of your phone call. I did
not share names, specifics, but only indicated in general terms that if we ignore taking a
position on TENO RM, we will be witnessing its disposal in landfills designated for other
types of waste.
I want an opportunity to identify a situation and use that to help establish the need for
Kentucky to develop a regulatory or policy framework while being sensitive to all parties
involved, including landfill management or companies that may not recognize or
understand what they are facing as well as those like yourself that share important
information we need to work toward proper management of waste disposal.
I look forward to this coming week to continuing my work on TENORM with other
members of our Division.
George

Cc: David Patrick
George,
Thank you for taking the time to talk with me today regarding TENORM disposal
regulations in the state of Ky. You will also probably be getting a call from Leo Guzmondi
from Nu\lerra regarding this issue. It was ironic as I called him about taking their waste
from several brine recycling facilities in Ohio and PA. He stated that they were planning
to take the 8-10 boxes (15 tons/box) that they produce daily to KY for disposal. I told
him of our discussion and KRS 211.863 and he was completely unaware of the statute.
The waste from those facilities and others similar (that currently take waste to KY)
typically range from 300-600 pCi/g for Radium-226 and Radium-228. This is not only a
5
GP1439
significant concentration from a worker/environmental protection standpoint (Ohio

allows 6.99 pCi/g, North Dakota and Michigan allow 50 pCi/g) but compliant
transportation ofthis material also requires DOT Radioactive LSA labeling or Class 7
Radioactive Material placarding. I am not sure how the good people of Kentucky will feel
about seeing placarded loads of radioactive material going to local landfills.
This seems to be a similar situation that WV. was in about a year ago. The majority of
TENORM waste rejected at PA and Ohio landfills was going to WV., when the press
found out what was happening the backlash was so severe the governor enacted
emergency legislation to place a moratorium on TENORM disposal in all state landfills.

Respectfully,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<imageOOl.jpg>
'
Spam
Phi sh/Fraud
Not spam
Spam
Phi sh/Fraud
Not spam
Spam
Phi sh/Fraud
Not spam
Spam
Phish/Fraud
6
GP1440
.From:
Sent:
To:
Cc:
Subject:

'BKalt@fairmontbrine.com'
Pendergrass, Curt (CHFS DPH); Anderson, Danny J (EEC); Maybriar, Jon (EEC)
RE: Phone Call on February 26, 2016
Hello Brad;
I appreciated you calling today and the opportunity for us to talk. Just wanted to briefly highlight the questions you
asked and what I shared with you.
The questions you asked addressed the following items or issues (my response is in blue):
Who notified us regarding the shipments from Fairmont Brine Processing to Kentucky?
We received calls from Ohio that shared TE NORM waste was being shipped from Ohio to Kentucky. One contact shared
that TE NORM waste was also being shipped from WV as well and referred us to Jason Frame. Jason Frame informed us
about the waste stream from FBP.
Was the waste solidified prior to being sent to the landfill.
Our understanding was the waste was sent directly to the landfill.
Kentucky does not regulate TENDRMJ
Yes, it is regulated by the CHFS-DPH and is noted in KRS 211.862 & KRS 211.863. The Solid Waste Branch issues permits
for contained landfills and they are not to accept any unpermitted waste. The DPH regulates the management and
disposal of radioactive materials and is responsible for licensure.
What fees did the landfill charge for the waste disposal?
I do not have that information.

I concluded our conversation by affirming that I am not aware of any concerns regarding how FBP managed the waste,
and that I am only seeking to understand what was received by Blue Ridge Landfill since their management has not
made a complete disclosure of the wastes they have received.
We would appreciate the assistance of your company in helping us obtain the following information, so we can address
the questions that are being presented to our Division by the press and public. The key questions I am seeking to
address in my role as a permit engineer ~ith the Solid Waste Branch are as follows:
1.
2.
3.
4.
5.
A description of the containers used for the shipment of the waste.

Who manufactured the shipping containers?
What was the total quantity of waste shipped in the 47 shipments that were received by Blue Ridge Landfill
between July and November of 2015?
Was all the waste similar in nature?
Is there analytical data on the waste available to help us understand the impact that will have on management
of the landfill?
1
GP1441
----------------
--
Thank you again for returning my call yesterday even though you were not able to address my questions without a
written request from KOEP. I am also glad you contacted me today and we got a chance to briefly address questions you
have. We are both seeking to understand better what has happened and to address the questions we are receiving
regarding the waste and how it was managed.

I appreciate very much that you are in contact with our Division and Dr. Curt Pendergrass. Any questions I have or
information I need will be directed to your attention through formal correspondence/letters from the appropriate
governing entities that we are working with.
Tnan1<v1:m,
George
<;jeorge P. Partrid{Je Jr., Pfi'D, P.'E., fl'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
'
GP1442
.From:
To:
Sent:
Subject:
Microsoft Outlook
Delivered: RE: Phone Call on February 26, 2016

Anderson, Danny J (EEC) (Danny.Anderson@ky.gov)
Subject: RE: Phone Call on February 26, 2016
GP1443

.From:
To:
Sent:
Subject:
Microsoft Outlook

Pendergrass. Curt (CHFS DPH) (Curt.Pendergrass@ky.gov)
'
GP1444

.From:
To:
Sent:
Subject:
Microsoft Outlook
Maybriar, Jon (EEC)

Maybriar, Jon (EEC) (Jon.Maybriar@ky.gov)
I'
I
GP1445
.From:
To:
Sent:
Subject:
Microsoft Outlook
BKalt@fairmontbrine.com
Relayed: RE: Phone Call on February 26, 2016
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
BKalt@fairmontbrine.com (BKalt@fairmontbrine.com)
GP1446
.From:
To:
Sent:
Subject:
Kalt, Brian <BKalt@fairmontbrine.com>

Read: RE: Phone Call on February 26, 2016
Your message
To:
Subject: Phone Call on February 26, 2016
Sent: Friday, February 26, 2016 5:36:34 PM (UTC-05:00) Eastern Time (US & Canada)
was read on Friday, February 26, 2016 5:36:32 PM (UTC-05:00) Eastern Time (US & Canada) .
GP1447
From:
To:
Sent:
Subject:

Your message
was read on Friday, February 26, 2016 5:43:29 PM (UTC-05:00) Eastern Time (US & Canada).
GP1448
.From:
Sent:
To:
Subject:

'Kevin Koska'
RE: Conversation
Kevin;
My understanding is the landfills are charging in the range of$ 23 - $ 26 per ton to dispose of the waste they have
received from out of state.
The numbers will help us understand more what is going on.
Thank you so much for all you are doing to support our concerns. I have shared you name with no one outside of my
work group. I have requested that your name be kept confidential.
Thanks again for all you help!
George

ubject: Re: Conversation
George,
'
Ohio.
Grandview, Idaho.
Kevin
Sent from my iPhone
Kevin;
When you get this, for our internal information, if the TENORM waste that was generated in Ohio was
properly disposed of according to Ohio's standards, what would the charge have been per ton?

Thank you,
1
GP1449
George

Cc: David Patrick
George,
I recently noticed news stories about illegal TE NORM dumping in Kentucky. Please keep my identity
confidential regarding the reporting of this activity. I would like all correspondence regarding this
subject (written or verbal) to remain confidential due to potential problems it may cause me with my
customer base.
Thank you.
Kevin D KOSKO
Sent from my iPhone
Kevin;
Delighted I could speak with Jason from WV today. He was very generous with his time
and the information he provided was both very informative and helpful.
Also we realized I had not received the correspondence that he sent last summer and
earlier this month since my name had been misspelled in the email address.
Look forward to keeping in touch as issues surrounding TENORM continue to develop.
Thanks again,
George

Cc: David Patrick
George,
I understand you spoke to Jason Frame; thank you for following up. Jason is a really
good guy who always seems to want to "do the right thing". I think WV was in relatively
the same situation about a year ago as Kentucky is in now. I worked with him and Ken
2
GP1450
----------
---
- -
Holiday from WVDEP and as hard as they are trying, I think they are finding it tough
sledding when it comes to getting new rulemaking through the state legislature.
Hopefully, Jason's experiences with this issue might help you folks out .
I will continue to keep my eyes open for other instances where out of state TENORM
being disposed of in Ky.
Best Regards,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<imageOOl.jpg>

Kevin,
You are correct on KRS 211.863. KRS is the Kentucky Revised Statues. The KAR
(Kentucky Administrative Regulations) which people follow closely, to my knowledge
does not address what is required by KRS.
I have been concerned that Green Valley may be targeted to receive TENORM and want
to investigate the situation, checking their records on waste received.
To help me focus on where I need to be investigating, please help me with the following
questions:
Who is telling the generators that this is a legal disposal option by the landfill
facility?
Please provide any descriptions on how the waste would be contained, shipped or
described.
Please provide a time period (days, months, etc.) that will help me narrow down
the files I need to review to identify waste received at Green Valley.
My plans are to make an unannounced site visit once I know better who I need to meet
with and where I need to focus my time on regarding the review of files/manifest for
waste being received by the facility. I will also be researching our files here in Frankfort.
3
l__
GP1451
The Green Valley Facility owned by Republic Services from my understanding. I know
the engineers and consultants that work for that facility, both with Republic as well as
the contractors/consultants.
With your help I will be able to document a situation which will help me to continue to
build a case to expedite the needed regulatory framework for Kentucky.
For this year I have been officially assigned to work on the TENO RM waste disposal issue
for the Solid Waste Branch and support the work that the Division of Waste
-Managemenf1ri-R0Ii5-1Scfoinit:O-a-adressit.
- -- - - I look forward to hearing from you!
Sincerely,
George
<jeorge P. PartrUfae Jr., PfiV, P.'E., Q'EP

Frankfort, KY 40601
{502) 564-6716 ext. 4651
<image002.gif>

Cc: David Patrick
George,
I am writjng to inform you that the amount of high concentration TENORM waste being
imported into Ky. for disposal is larger than I originally thought. Just today, one of my
salesman vi.sited three facilities in Norwich Ohio that are taking all of their TE NORM
waste (that is too highly concentrated to enter or that has been rejected by Ohio, PA,
and/or WV) to Advanced Waste's Green Valley Facility located in Ashland, Ky. Based on
the regulation you sent (KRS 211.863) this is seemingly prohibited. The generators are
being told that this is a legal disposal option by the landfill facility. Is this correct? Is the
Advanced Waste Landfill facility truly a legal disposal option for highly concentrated
TENO RM generated outside of the region (KY and Illinois)? If so we would like to start
sending the mass quantities of waste we have to that facility instead of the specially
constructed radioactive waste landfill where we currently send it.
Respectfully,
Kevin
4
GP1452
Kevin Kosko
Vice President
Phone: (937) 470-2655
<image001.jpg>
From: Partridge, George (EEC) [rnailto:George.Partridge@ky.gov]

To: Kevin Kosko <kevink@shalerntr.com>
Kevin;
Thank you for contacting our Solid Waste Branch. It was a pleasure to speak to you over
the phone concerning a topic I have been concerned about and involved with for several
years now.
Since we received two phone calls this week regarding TENORM, the Director of the
Division of Waste Management has requested our Program Planning and Administration
Branch to work with me to get familiar with TE NORM and to look at how we need to
respond here in Kentucky. This effort was initiated as a result of your phone call. I did
not share names, specifics, but only indicated in general terms that if we ignore taking a
position on TENO RM, we will be witnessing its disposal in landfills designated for other
types of waste.
I want an opportunity to identify a situation and use that to help establish the need for
Kentucky to develop a regulatory or policy framework while being sensitive to all parties
involved, including landfill management or companies that may not recognize or
understand what they are facing as well as those like yourself that share important
information we need to work toward proper management of waste disposal.
Thanks again for being so generous with you time and sharing all that you did With me.
Please do not hesitate to calf or email me anytime.
I look forward to this coming week to continuing my work on TENORM with other
members of our Division.
GP1453
George
From: Kevin Koska [rnailto:kevink@shalerntr.com]
To:

Cc: David Patrick
George,
~ --Thank-yofffortakingth~time
to-talkwithme todayregardinglENC>RMdisposa1
regulations in the state of Ky. You will also probably be getting a call from Leo Guzmondi
from Nuverra regarding this issue. It was ironic as I called him about taking their waste
from several brine recycling facilities in Ohio and PA. He stated that they were planning
to take the 8-10 boxes (15 tons/box) that they produce daily to KY for disposal. I told
him of our discussion and KRS 211.863 and he was completely unaware of the statute.
The waste from those facilities and others similar (that currently take waste to KY)
typically range from 300-600 pCi/g for Radium-226 and Radium-228. This is not only a
significant concentration from a worker/environmental protection standpoint (Ohio
allows 6.99 pCi/g, North Dakota and Michigan allow SO pCi/g) but compliant
transportation of this material also requires DOT Radioactive LSA labeling or Class 7
Radioactive Material placarding. I am not sure how the good, people of Kentucky will feel
about seeing placarded loads of radioactive material going to local landfills.
This seems to be a similar situation that WV. was in about a year ago. The majority of
TENO RM waste rejected at PA and Ohio landfills was going to WV., when the press
found out what was happening the backlash was so severe the govern~r enacted
emergency legislation to place a moratorium on TE NORM disposal in all state landfills.

Respectfully,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<image001.jpg>
Spam
Phi sh/Fraud
Not spam
GP1454
Spam
Phish/Fraud
Not spam
Spam
Phi sh/Fraud
Not spam
Spam
Phish/Fraud
Not spam
GP1455
.From:
Sent:
To:
Cc:
Subject:

Hendricks, Todd (EEC); Anderson, Danny J (EEC); Maybriar, Jon (EEC)
FW: Conversation
Information below from contact in Ohio who manages TENORM waste.
George,
Ohio.
Grandview, Idaho.
GP1456

.From:
Sent:
To:
Subject:

Re: Conversation
George,
Please call when you get a minute to discuss.
Thanks,
Kevin
Sent from my iPhone
Kevin;
My understanding is the landfills are charging in the range of$ 23 - $ 26 per ton to dispose of the waste
they have received from out of state.
'
The numbers will help us understand more what is going 011.

Thank you so much for all you are doing to support our concerns. I have shared you name with no one
outside of my work group. I have requested that your name be kept confidential.
George


George,
The Ohio waste acceptance criteria is only 6.99pCi/g for combined Radium-226/228 so that waste could
never get into Ohio.
Pa. disposal may have been an option as they accept up to 120uR/HR and there is a tiered pricing
structure that tops out at about $500/ton. We charge $460/ton to solidify, transport via rail and dispose
of this type of waste at US Ecologies in Grandview, Idaho.
Kevin
Sent from my iPhone
GP1457
Kevin;
When you get this, for our internal information, if the TENORM waste that was
generated in Ohio was properly disposed of according to Ohio's standards, what would
the charge have been per ton?
All I am asking is a range representative of the companies that are the disposal business
charge~
--

Thank you,
George

Cc: David Patrick

George,
I recently noticed news stories about illegal TENORM dumping in Kentucky. Please keep
my identity confidential regarding the reporting of this activity. I would like all
correspondence regarding this subject (written or verbal) to remain confidential due to
potential problems it may cause me with my customer base.
Thank you.
'
Kevin D KOSKO
Sent from my iPhone
On Jan 28, 2016, at 4:04 PM, Partridge, George (EEC) <George.Partridge@ky.gov>
wrote:
Kevin;
Delighted I could speak with Jason from WV today. He was very
generous with his time and the information he provided was both very
informative and helpful.
Also we realized I had not received the correspondence that he sent last
summer and earlier this month since my name had been misspelled in
the email address.
He brought me up to date on what has taken place which I appreciated

so much.
2
GP1458

Look forward to keeping in touch as issues surrounding TENO RM
continue to develop.
Thanks again,
George

Cc: David Patrick

George,
I understand you spoke to Jason Frame; thank you for following up.
Jasdh'is a really good guy who always seems to want to "do the right
thing". I think WV was in relatively the same situation about a year ago
as Kentucky is in now. I worked with him and Ken Holiday from WVDEP
and as hard as they are trying, I think they are finding it tough sledding
when it comes to getting new rulemaking through the state legislature.
I will continue to keep my eyes open for other instances where out of
state TENO RM being disposed of in Ky.
Best Regards,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<image001.jpg>

Kevin,
Thank you so much for continuing to keep in touch with me on
TERNORM.
3
GP1459
You are correct on KRS 211.863. KRS is the Kentucky Revised

Statues. The. KAR (Kentucky Administrative Regulations) which people
follow closely, to my knowledge does not address what is required by
KRS.
I have been concerned that Green Valley may be targeted to receive
TENO RM and want to investigate the situation, checking their records
on waste received.
'
-.-~
----
-~
To help me focus on where I need to be investigating, please help me

with the following questions:
Who is telling the generators that this is a legal disposal option by
the landfill facility?
Please provide any descriptions on how the waste would be
contained, shipped or described.
Please provide a time period (days, months, etc.) that will help me
narrow down the files I need to review to identify waste
received at Green Valley.
.j
My plans are to make an unannounced site visit once I know better who
I need to meet with and where I need to focus my time on regarding the
review of files/manifest for waste being received by the facility. I will
also be researching our files here in Frankfort.
The Green Valley Facility owned by Republic Services from my

understanding. I know the engineers and consultants that work for that
facility, both with Republic as well as the contractors/consultants.
With your help I will be able to document a situation which will help me
to continue to build a case to expedite the needed regulatory
framework for Kentucky.
For this year I have been officially assigned to work on the TENO RM
waste disposal issue for the Solid Waste Branch and support the work
that the Division of Waste Management in KOEP is doing to address it.
Sincerely,
George
<george P. PartrUfge Jr., Pfi'D, P:E., Q.'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
4
GP1460
<image002.gif>

Cc: David Patrick
George,
I am writing to inform you that the amount of high concentration
TENORM waste being imported into Ky. for disposal is larger than I
originally thought. Just today, one of my salesman visited three
facilities in Norwich Ohio that are taking all of their TENO RM waste (that
is too highly concentrated to enter or that has been rejected by Ohio,
PA, and/or WV) to Advanced Waste's Green Valley Facility located in
Ashland, Ky. Based on the regulation you sent (KRS 211.863) this is
seemingly prohibited. The generators are being told that this is a legal
disposal option by the landfill facility. Is this correct? Is the Advanced
Waste Landfill facility truly a legal disposal option for highly
concentrated TENORM generated outside of the region (KY and Illinois)?
If so we would like to start sending the mass quantities of waste we
have to that facility instead of the specially constructed radioactive
waste landfill where we currently send it.
Respectfully,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<image001.jpg>

Kevin;
5
GP1461
Thank you for contacting our Solid Waste Branch. It was a pleasure to
speak to you over the phone concerning a topic I have been concerned
about and involved with for several years now.
Since we received two phone calls this week regarding TENORM, the
Director of the Division of Waste Management has requested our
Program Planning and Administration Branch to work with me to get
familiar with TENORM and to look at how we need to respond here in
l<~rl~!.fC~Y'_ Thi?_ ~ffQrt was iriJtia!e_cla~ <:! r~sult ()f your R_Q()n~ccaH. Ldid_
not share names, specifics, but only indicated in general terms that if we
ignore taking a position on TENORM, we will be witnessing its disposal
in landfills designated for other types of waste.
I want an opportunity to identify a situation and use that to help
establish the need for Kentucky to develop a regulatory or policy
framework while being sensitive to all parties involved, including landfill
management or companies that may not recognize or understand what
they are facing as well as those like yourself that share important
information we need to work toward proper management of waste
disposal.
Thanks again for being so generous with you time and sharing all that
you did with me.

I look forward to this coming week to continuing my work on TENO RM
with other members of our Division.
George

Cc: David Patrick
George,
Thank you for taking the time to talk with me today regarding TENO RM
disposal regulations in the state of Ky. You will also probably be getting
a call from Leo Guzmondi from Nuverra regarding this issue. It was
ironic as I called him about taking their waste from several brine
recycling facilities in Ohio and PA. He stated that they were planning to
take the 8-10 boxes (15 tons/box) that they produce daily to KY for
disposal. I told him of our discussion and KRS 211.863 and he was
completely unaware of the statute. The waste from those facilities and
others similar {that currently take waste to KY) typically range from 300600 pCi/g for Radium-226 and Radium-228. This is not only a significant
concentration from a worker/environmental protection standpoint
6
GP1462
(Ohio allows 6.99 pCi/g, North Dakota and Michigan allow SO pCi/g) but
compliant transportation of this material also requires DOT Radioactive
LSA labeling or Class 7 Radioactive Material placarding. I am not sure
how the good people of Kentucky will feel about seeing placarded loads
of radioactive material going to local landfills.
This seems to be a similar situation that WV. was in about a year ago.
The majority of TENO RM waste rejected at PA and Ohio landfills was
going to WV., when the press found out what was happening the
backlash was so severe the governor enacted emergency legislation to
place a moratorium on TENORM disposal in all state landfills.
Respectfully,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<imageOOl.jpg>
Spam
Phish/Fraud
Not spam
Spam
Phish/Fraud
Not spam
Spam
Phi sh/Fraud
Not spam
Spam
7
GP1463
------~----
Phi sh/Fraud
Not spam
Spam
Phi sh/Fraud
Not spam
Forgerprevfo~U:s~
vote
GP1464

Re: Conversation
Subject:
George,
Please call when you get a minute to discuss.
Thanks,
Kevin
Sent from my iPhone
Kevin;
My understanding is the landfills are charging in the range of$ 23 - $ 26 per ton to dispose of the waste
they have received from out of state.
The numbers will help us understand more what is going on.
Thank you so much for all you are doing to support our concerns. I have shared you name with no one
outside of my work group. I have requested that your name be kept confidential.
George

George,
The Ohio waste acceptance criteria is only 6.99pCi/g for combined Radium-226/228 so that waste could
never get into Ohio.
Pa. disposal may have been an option as they accept up to 120uR/HR and there is a tiered pricing
structure that tops out at about $500/ton. We charge $460/ton to solidify, transport via rail and dispose
of this type of waste at US Ecologies in Grandview, Idaho.
Kevin
Sent from my iPhone
GP1465
Kevin;
When you get this, for our internal information, if the TENORM waste that was
generated in Ohio was properly disposed of according to Ohio's standards, what would
the charge have been per ton?
... All LC1rl1_a_~KiDg i~ (l r(lnKe r~preseritC1tiv~ Qf the ~ompaniesJbat are tbe disp()sal l;>lj~i11e?~
charge.
Thank you,
George
From: Kevin Kesko [mailto:kevink@shalemtr.com]

Cc: David Patrick
George,
I recently noticed news stories about illegal TENORM dumping in Kentucky. Please keep
my identity confidential regarding the reporting of this activity. I would like all
correspondence regarding this subject (written or verbal) to remain confidential due to
potential problems it may cause me with my customer base.
Thank you.
Kevin D KOSKO
Sent from my iPhone
On Jan 28, 2016, at 4:04 PM, Partridge, George (EEC) <George.Partridge@ky.gov>
wrote:
Kevin;
Delighted I could speak with Jason from WV today. He was very
generous with his time and the information he provided was both very
informative and helpful.
Also we realized I had not received the correspondence that he sent last
summer and earlier this month since my name had been misspelled in
the email address.
He brought me up to date on what has taken place which I appreciated

so much.
2
GP1466

Look forward to keeping in touch as issues surrounding TENO RM
continue to develop.
Thanks again,
George

Cc: David Patrick

George,
I understand you spoke to Jason Frame; thank you for following up.
Jason is a really good guy who always seems to want to "do the right
thing". I think WV was in relatively the same situation about a year ago
as Kentucky is in now. I worked with him and Ken Holiday from WVDEP
and as hard as they are trying, I think they are finding it tough sledding
when it comes to getting new rulemaking through the state legislature.
I will continue to keep my eyes open for other instances where out of
state TENORM being disposed of in Ky.
Best Regards,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<image001.jpg>

To: Kevin Kosko <kevink@shafemtr.com>
Kevin,
Thank you so much for continuing to keep in touch with me on
TERNORM.
3
GP1467
You are correct on KRS 211.863. KRS is the Kentucky Revised

Statues. The KAR (Kentucky Administrative Regulations) which people
follow closely, to my knowledge does not address what is required by
KRS.
I have been concerned that Green Valley may be targeted to receive
TENO RM and want to investigate the situation, checking their records
on waste received.
To help me focus on where I need to be investigating, please help me
with the following questions:
Who is telling the generators that this is a legal disposal option by
the landfill facility?
Please provide any descriptions on how the waste would be
contained, shipped or described.
Please provide a time period {days, months, etc.) that will help me
narrow down the files I need to review to identify waste
received at Green Valley.
My plans are to make an unannounced site visit once I know better who
I need to meet with and where I need to focus my time on regarding the
review of files/manifest for waste being received by the facility. I will
also be researching our files here in Frankfort.
The Green Valley Facility owned by Republic Services from my

understanding. I know the engineers and consultants that work for that
facility, both with Republic as well as the contractors/consultants.
With your help I will be able to document a situation which will help me
to continue to build a case to expedite the needed regulatory
framework for Kentucky.
For this year I have been officially assigned to work on the TENORM
waste disposal issue for the Solid Waste Branch and support the work
that the Division of Waste Management in KDEP is doing to address it.
Sincerely,
George
<;jeorge P. Partricf8e Jr., PfiV, P.'E., Q.'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
4
GP1468
<image002.gif>

Cc: David Patrick

George,
I am writing to inform you that the amount of high concentration
TENO RM waste being imported into Ky. for disposal is larger than I
originally thought. Just today, one of my salesman visited three
facilities in Norwich Ohio that are taking all of their TENO RM waste (that
is too highly concentrated to enter or that has been rejected by Ohio,
PA, and/or WV) to Advanced Waste's Green Valley Facility located in
Ashland, Ky. Based on the regulation you sent (KRS 211.863) this is
seemingly prohibited. The generators are being told that this is a legal
disposal option by the landfill facility. Is this correct? Is the Advanced
Waste Landfill facility truly a legal disposal option for highly
concentrated TE NORM generated outside of the region (KY and Illinois)?
If so we would like to start sending the mass quantities of waste we
have to that facility instead of the specially constructed radioactive
waste landfill where we currently send it.
Respectfully,
Kevin
Kevin Kosko
Vice President
Phone: (937) 470-2655
<image001.jpg>
From: Partridge, George (EEC} [mailto:George.Partridge@ky.gov]

Kevin;
5
GP1469
Thank you for contacting our Solid Waste Branch. It was a pleasure to
speak to you over the phone concerning a topic I have been concerned
about and involved with for several years now.
Since we received two phone calls this week regarding TENO RM, the
Director of the Division of Waste Management has requested our
Program Planning and Administration Branch to work with me to get
familiar with TENO RM and to look at how we need to respond here in
Ke_ntu_c;ky, l]Jj.?gffQrtwa_sinjtiated;:,1s1:i_ resuJt of yourphQne call Jdid
not share names, specifics, but only indicated in general terms that if we
ignore taking a position on TENORM, we will be witnessing its disposal
in landfills designated for other types of waste.
I want an opportunity to identify a situation and use that to help
establish the need for Kentucky to develop a regulatory or policy
framework while being sensitive to all parties involved, including landfill
management or companies that may not recognize or understand what
they are facing as well as those like yourself that share important
information we need to work toward proper management of waste
disposal.
Thanks again for being so generous with you time and sharing all that
you did with me.

I look forward to this coming week to continuing my work on TENORM
with other members of our Division.
George
From: Kevin Koska [mailto:kevink@shalemtLcom]

Cc: David Patrick
George,
Thank you for taking the time to talk with me today regarding TENORM
disposal regulations in the state of Ky. You will also probably be getting
a call from Leo Guzmondi from Nuverra regarding this issue. It was
ironic as I called him about taking their waste from several brine
recycling facilities in Ohio and PA. He stated that they were planning to
take the 8-10 boxes (15 tons/box) that they produce daily to KY for
disposal. I told him of our discussion and KRS 211.863 and he was
completely unaware of the statute. The waste from those facilities and
others similar (that currently take waste to KY) typically range from 300600 pCi/g for Radium-226 and Radium-228. This is not only a significant
concentration from a worker/environmental protection standpoint
6
GP1470
(Ohio allows 6.99 pCi/g, North Dakota and Michigan allow 50 pCi/g) but
compliant transportation of this material also requires DOT Radioactive
LSA labeling or Class 7 Radioactive Material placarding. I am not sure
how the good people of Kentucky will feel about seeing placarded loads
of radioactive material going to local landfills.
This seems to be a similar situation that WV. was in about a year ago.
The majority of TENO RM waste rejected at PA and Ohio landfills was
going to WV., when the press found out what was happening the
backlash was so severe the governor enacted emergency legislation to
place a moratorium on TENORM disposal in all state landfills.
Respectfully,
Kevin
Kevin Kosko
Vice President
Phone: {937) 470-2655
<image001.jpg>
Spam
Phish/Fraud
Not spam
Spam
Phish/Fraud
Not spam
Spam
Phish/Fraud
Not spam
Spam
7
GP1471
Phish/Fraud
Not spam
Spam
Phish/Fraud
Not spam
Forge1 previous
voten~Crn
GP1472
Cc:
Subject:

Hatton, Tony (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Maybriar, Jon (EEC);
Melton, Ken (EEC); Hendricks, Todd (EEC); Higginbotham, Jeri (EEC)
RE: Contact on TENORM from Ohio
Hello Everyone;
As I shared with Lindsey Briggs, Danny Anderson, and Tony Hatton - I was contacted by Kevin Koska (contact
information below) and was told that TENO RM waste was being shipped from Ohio to Kentucky. He also shared Jason
Frame's contact information as well and suggested I give him a call. Jason brought to my attention the waste shipments
from Fairmont Brine Processing to a landfill in Irvine, Kentucky. I have shared the specifics with you including dates and
correspondence.
Kevin has requested that we do not release his name to the public. He is a speaker for the TENO RM disposal industry,
his company is in the business for its disposal, and my understanding he is also the president of the "Oil and Gas
Association" (? - Ohio?).
Using Kevin's words "if the industry labels him as a whistle blower", it could be catastrophic to his career in the industry.
He has volunteered to be a speaker and work with us. He want to support efforts to see that all companies follow the
His firm charges around$ 460/ton to dispose of routine TENORM waste from 0 & G/Fracking operations
~ cannot compete with landfills in Kentucky that only charge in the neighborhood of$ 23 - 26/ton to dispose of the
same waste.
~ulations.
Please do not share Kevin's name with anyone outside of state

government or with the press or public. Also please remember
it was Jason Frame from WV that was responsible for us
knowing about Fairmont Brine Processing.
Kevin Kesko
Vice President
Phone: (937) 470-2655
Thank you,
-orge
(je<Yrge P. PartrUfae Jr.
1
GP1473

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1474
fl'_rom:
To:
Sent:
Subject:
Maybriar, Jon (EEC)

Your message
was read on Friday, February 26, 2016 7:14:11 PM (UTC-05:00) Eastern Time (US & Canada).
GP1475
~rom:
~~:
Sent:
Subject:

Your message
was read on Friday, February 26, 2016 8:51 :55 PM (UTC-05:00) Eastern Time (US & Canada).
GP1476
Cc:
Subject:

Saturday, February 27, 2016 1:00 PM
Pendergrass, Curt (CHFS DPH); Anderson, Danny J (EEC); Maybriar, Jon (EEC)
Dr. Partridge,
Thank you for putting this all together.
Under KRS 211.862 and 211.863, what levels of naturally occurring radioactive material has Kentucky set as being
acceptable?
Kind Regards,
Brian Kalt
President
412-680-6244
Ai;e i;;;~~;-mail is~;;fu~;;:;;~entity to~ ~~ddressed. lt;cont~~~

, . . y attachments) are confidential and may contain privileged information. If you are not an intended recipient you must not use,
From: Partridge, George (EEC) [mailto:Georqe.Partridge@ky.gov]

To: Kalt, Brian
Cc: Pendergrass, Curt (CHFS DPH); Anderson, Danny J (EEC); Maybriar, Jon (EEC)
Hello Brad;
I appreciated you calling today and the opportunity for us to talk. Just wanted to briefly highlight the questions you
~ received calls from Ohio that shared TENO RM waste was being shipped from Ohio to Kentucky. One contact shared
~t TENORM waste was also being shipped from WV as well and referred us to Jason Frame. Jason Frame informed us

1
GP1477
Kentucky does not regulate TENORM?
Yes, it is regulated by the CHFS-DPH and is noted in KRS 211.862 & KRS 211.863. The Solid Waste Branch issues permits
- Wh<!! fe~s9idth_~ 1~11dfilJ ~.h<!rgeforth_e waste dispo~al?

address in my role as a permit engineer with the Solid Waste Branch are as follows:
1.
2.
3.
4.
5.

of the landfill?
Thank you again for returning my calf yesterday even though you were not able to address my questions without a
written request from KDEP. I am also glad you contacted me today and we got a chance to briefly address questions you
regarding the waste and how it was managed.
I appreciate very much that you are in contact with our Division and Dr. Curt Pendergrass. Any questions I have or
information I need will be directed to your attention through formal correspondence/letters from the appropriate
Thank you,
George
(jeorge 'P. 'PartrU:fae Jr., 'Pfi'D, 'P.'E.! Q.'E'P

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1478
------------
---- --------------------------------
-------- - - - - - -----------
----
-----------------------
GP1479
-om:
Sent:
To:
Cc:
Subject:

Kalt, Brian
Partridge, George (EEC); Pendergrass, Curt (CHFS DPH); Maybriar, Jon (EEC)
Re: Phone Call on February 26, 2016
Mr Kalt:
Any questions you may have regarding KRS 211 and the related radiology regulations of 902 KAR 100 should be directed
to the agency responsible for the enforcement of those statutes and regulations which is the Cabinet for Health and
Family Services (CHFS).
Thanks,
Danny Anderson
On Feb 27, 2016, at 12:59 PM, Kalt, Brian <BKalt@fairmontbrine.com> wrote:
Dr. Partridge,
Under KRS 211.862 and 211.863, what levels of naturally occurring radioactive material has Kentucky set
as being acceptable?
Kind Regards,
Brian Kalt
President
412-680-6244
-----~-
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its
contents (including any attachments) are confidential and may contain privileged information. If you are not an
intended recipient you must not use, disclose, disseminate, copy or print its contents. If you receive this e-mail in
error, please notify the sender by reply e-mail and delete and destroy the message.

To: Kalt, Brian

Hello Brad;
I appreciated you calling today and the opportunity for us to talk. Just wanted to briefly highlight the
questions you asked and what I shared with you.
1
GP1480
We received calls from Ohio that shared TENORM waste was being shipped from Ohio to Kentucky. One
contact shared that TENO RM waste was also being shipped from WV as well and referred us to Jason
Frame. Jason Frame informed us about the waste stream from FBP .
Kentucky does not regulate TENO RM?
Yes, it is regulated by the CHFS-DPH and is noted in KRS 211.862 & KRS 211.863. The Solid Waste Branch
issues permits for contained landfills and they are not to accept any unpermitted waste. lhe DPH
regulates the management and disposal of radioactive materials and is responsible for licensure.

I concluded our conversation by affirming that I am not aware of any concerns regarding how FBP
managed the waste, and that I am only seeking to understand what was received by Blue Ridge Landfill
since their management has not made a complete disclosure of the wastes they have received.
We would appreciate the assistance of your company in helping us obtain the following information, so
we can address the questions that are being presented to our Division by the press and public. The key
questions I am seeking to address in my role as a permit engineer with the Solid Waste Branch are as
follows:
1. A description of the containers used for the shipment of the waste.

2. Who manufactured the shipping containers?
3. What was the total quantity of waste shipped in the 47 shipments that were received by Blue
Ridge Landfill between July and November of 2015?
4. Was all the waste similar in nature?
5. Is there analytical data on the waste available to help us understand the impact that will have on
management of the landfill?
Thank you again for returning my call yesterday even though you were not able to address my questions
without a written request from KOEP. I am also glad you contacted me today and we got a chance to
briefly address questions you have. We are both seeking to understand better what has happened and
to address the questions we are receiving regarding the waste and how it was managed.
I appreciate very much that you are in contact with our Division and Dr. Curt Pendergrass. Any
questions I have or information I need will be directed to your attention through formal
correspondence/letters from the appropriate governing entities that we are working with.
Thank you,
George
2
GP1481
George P. PartridiJe Jr., PfiV, P.T., QTP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image001.gif>
GP1482
To:
Cc:
Subject:

Dr. Pendergrass,
Under KRS 211.862, 211.863 and 902 KAR 100, what levels of naturally occurring radioactive material has Kentucky set
Kind Regards,
Brian Kalt
President
412-680-6244
A.sc1ose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
~lete and destroy the message.
From: Anderson, Danny J (EEC) [mailto:Danny.Anderson@ky.gov]
Sent: Saturday, February 27, 2016 1:14 PM

To: Kalt, Brian
Cc: Partridge, George (EEC); Pendergrass, Curt (CHFS DPH); Maybriar, Jon (EEC)
Subject: Re: Phone Call on February 26, 2016

Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
1
GP1483
Kind Regards,
Brian Kalt
President
412-680-6244
Jhe-infor:mation contained intbise~maiLisintended only for the individual or. entity to whom it is addr-essed. Its
From: Partridge, George (EEC) [mailto:George.Partridqe@ky.gov]

To: Kalt, Brian
Hello Brad;
Frame. Jason Frame informed us about the waste stream from FBP.
issues permits for contained landfills and they are not to accept any unpermitted waste. The DPH

2
GP1484
follows:
1.
2.
3.
4.
5.

What was the total quantity of waste shipped in the 47 shipments that were received by Blue
Ridge landfill between July and November of 2015?
Is there analytical data on the waste available to help us understand the impact that will have on
to address the questions we' are receiving regarding the waste and how it was managed.
Thank you,
George
(jearge P. PartridiJe Jr., PfiV, P.'.E., Q'.EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOi.gif>
GP1485
~:,:
To:
Cc:
Subject:

Kalt, Brian
Anderson, Danny J (EEC); Partridge, George (EEC); Maybriar, Jon (EEC)
Re: Phone Call on February 26, 2016
Hello Mr. Kalt,

We are at Estill County High School today across the street from Blue Ridge Landfill conducting radiological surveys. I will
send you a link to Central Midwest Interstate Low-Level Radioactive Waste Regional Management Plan when I get in the
office on Monday. But to answer your question, the RMP sets a threshold for TENO RM at 5 pCi/g Ra-226/228 with no
allowance for background. However the compact strictly forbids the importation and disposal of out of compact
TENORM regardless. I believe OH sets a limit at 5 pCi/g plus background which OH established at 2 pCi/g Ra-226.
Regards,
Mailstop HS-lCA
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax:502-564-1492
~ebsite:http:Uwww.chfs.ky.gov/dph/radioactive.htm
~your fees on line athttps://apps4.chfs.ky.gov/Rad ePay/
Dr. Pendergrass,
Under KRS 211.862, 211.863 and 902 KAR 100, what levels of naturally occurring radioactive material
has Kentucky set as being acceptable?
Kind Regards,
Brian Kalt
President
412-680-6244

1
GP1486
To: Kalt, Brian

Mr Kalt:
Any questions you may have regarding KRS 211 and the related radiology regulations of 902 KAR 100
should be directed to the agency responsible for the enforcement of those statutes and regulations
which is the Cabinet for Health and Family Services (CHFS).
Thanks,
1:5annYArffferson
Dr. Partridge,
Under KRS 211.862 and 211.863, what levels of naturally occurring radioactive material
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is
addressed. Its contents (including any attachments) are confidential and may contain privileged
information. If you are not an intended recipient you must not use, disclose, disseminate, copy or
print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and

To: Kalt, Brian

Hello Brad;
I appreciated you calling today and the opportunity for us to talk. Just wanted to briefly
highlight the questions you asked and what I shared with you.
The questions you asked addressed the following items or issues (my response is in
blue):
GP1487
Who notified us regarding the shipments from Fairmont Brine Processing to

Kentucky?
We received calls from Ohio that shared TENORM waste was being shipped from Ohio
to Kentucky. One contact shared that TENORM waste was also being shipped from WV
as well and referred us to Jason Frame. Jason Frame informed us about the waste
stream from FBP.
Yes, it is regulated by the CHFS-DPH and is noted in KRS 211.862 & KRS 211.863. The
Solid Waste Branch issues permits for contained landfills and they are not to accept any
unpermitted waste. The DPH regulates the management and disposal of radioactive
materials and is responsible for licensure.

I concluded our conversation by affirming that I am not aware of any concerns regarding
how FBP managed the waste, and that I am only seeking to understand what was
received by Blue Ridge Landfill since their management has not made a complete
disclosure of the wastes they have received.
We would appreciate the assistance of your company in helping us obtain the following
information, so we can address the questions that are being presented to our Division
by the press and public. The key questions I am seeking to address in my role as a
permit engineer with the Solid Waste Branch are as follows:
3. What was the total quantity of waste shipped in the 47 shipments that were
received by Blue Ridge Landfill between July and November of 2015?
5. Is there analytical data on the waste available to help us understand the impact
that will have on management of the landfill?
Thank you again for returning my call yesterday even though you were not able to
address my questions without a written request from KDEP. I am also glad you
contacted me today and we got a chance to briefly address questions you have. We are
both seeking to understand better what has happened and to address the questions we
are receiving regarding the waste and how it was managed.
I appreciate very much that you are in contact with our Division and Dr. Curt
Pendergrass. Any questions I have or information I need will be directed to your
attention through formal correspondence/letters from the appropriate governing
entities that we are working with.
GP1488
Thank you,
George
(jeor9e P. Partricfee Jr., Pfi'D, P.'E., Q'EP

Frankfort, KY 40601
.. {!59?1-~?4-E3?_1E3 ...~~t~.465J
<imageOOl.gif>
GP1489
~m
Sent:
To:
Cc:
Subject:

Anderson, Danny J (EEC); Partridge, George (EEC); Maybriar, Jon (EEC)
Dr. Pendergrass,
According to the Inverse Square Law, I imagine the readings to be at background. You've listed the threshold in pCi/g,
however, because your radiological surveys are being conducted via hand held radiation meters, it would help put the
numbers into perspective if you gave me the threshold in R.
Respectfully,
Brian Kalt
President
412-680-6244
A.&y attachments) are confidential and may contain privileged information. If you are not an intended recipient you must not use,
. .close, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and

To: Kalt, Brian
Cc: Anderson, Danny J (EEC); Partridge, George (EEC); Maybriar, Jon (EEC)
Hello Mr. Kalt,
We are at Estill County High School today across the street from Blue Ridge Landfill conducting radiological surveys. I will
send you a link to Central Midwest Interstate Low-Level Radioactive Waste Regional Management Plan when I get in the
office on Monday. But to answer your question, the RMP sets a threshold for TENO RM at 5 pCi/g Ra-226/228 with no
allowance for background. However the compact strictly forbids the importation and disposal of out of compact
TENORM regardless. I believe OH sets a limit at 5 pCi/g plus background which OH established at 2 pCi/g Ra-226.
Regards,
'lstop HS-1CA
nkfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
1
GP1490
Website:http://www.chfs.ky.gov/dph/radioactive.htm
Pay your fees on line athttps:f/apps4.chfs.ky.gov/Rad ePay/
Dr. Pendergrass,
Under KRS 211.862, 211.863 and 902 KAR 100, what levels of naturally occurring radioactive material
Kind Regards,
Brian Kalt
President
412-680-6244

Sent: Saturday, February 27, 20161:14 PM
To: Kalt, Brian
Mr Kalt:
Any questions you may have regarding KRS 211 and the related radiology regulations of 902 KAR 100
should be <;iirected to the agency responsible for the enforcement of those statutes and regulations
which is the Cabinet for Health and Family Services (CHFS).
Thanks,
Danny Anderson
Dr. Partridge,
Under KRS 211.862 and 211.863, what levels of naturally occurring radioactive material
Kind Regards,
Brian Kalt
President
2
GP1491

412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is
addressed. Its contents (including any attachments) are confidential and may contain privileged
information. If you are not an intended recipient you must not use, disclose, disseminate, copy or
print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and

To: Kalt, Brian
Hello Brad;
I appreciated you calling today and the opportunity for us to talk. Just wanted to briefly
highlight the questions you asked and what I shared with you.
The questions you asked addressed the following items or issues (my response is in
blue):
Who notified us regarding the shipments from Fairmont Brine Processing to

Kentucky?
We received calls from Ohio that shared TENORM waste was being shipped from Ohio
to Kentucky. One contact shared that TENO RM waste was also being shipped from WV
as well and referred us to Jason Frame. Jason Frame informed us about the waste
stream from FBP.
Kentucky does not regulate TE NORM?
Yes, it is regulated by the CHFS-DPH and is noted in KRS 211.862 & KRS 211.863. The
Solid Waste Branch issues permits for contained landfills and they are not to accept any
unpermitted waste. The DPH regulates the management and disposal of radioactive
materials and is responsible for licensure.

I concluded our conversation by affirming that I am not aware of any concerns regarding
how FBP managed the waste, and that I am only seeking to understand what was
received by Blue Ridge Landfill since their management has not made a complete
disclosure of the wastes they have received.
3
GP1492
We would appreciate the assistance of your company in helping us obtain the following
information, so we can address the questions that are being presented to our Division
by the press and public. The key questions I am seeking to address in my role as a
permit engineer with the Solid Waste Branch are as follows:
l.
2.

3. What was the total quantity of waste shipped in the 47 shipments that were
_ c~~Jx~_g_l}yfiJ1,t_Ridge J!'l_ncttil! l}gtwgen July ang J\Jo11em1Jer of 2Ql5? _
5. Is there analytical data on the waste available to help us understand the impact
that will have on management of the landfill?
Thank you again for returning my call yesterday even though you were not able to
address my questions without a written request from KDEP. I am also glad you
contacted me today and we got a chance to briefly address questions you have. We are
both seeking to understand better what has happened and to address the questions we
are receiving regarding the waste and how it was managed.
I appreciate very much that you are in contact with our Division and Dr. Curt
Pendergrass. Any questions I have or information I need will be directed to your
attention through formal correspondence/letters from the appropriate governing
entities that we are working with.
Thank you,
George
<jeor9e 'P. 'PartridiJe Jr., 'PfiV, 'P.'E., Q'E'P

Department for _Environmental Protection
Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
GP1493
#m:
Sent:
To:
Cc:
Subject:

'Kalt, Brian'
Anderson, Danny J (EEC); Pendergrass, Curt (CHFS DPH)
Mr. Kalt;
Thank you for the correspondence. I believe Danny Anderson responded to your question regarding interpretation of
KRS 211.862 and 211.863.
We look to CFHS-DPH with my contact being Dr. Curt Pendergrass.
I will check with Curt this coming week and be sure you questions get address.
Thank you,
George Partridge
KDWM
nt: Saturday, February 27, 2016 1:00 PM

: Partridge, George (EEC)
Dr. Partridge,
Under KRS 211.862 and 211.863, what levels of naturally occurring radioactive material has Kentucky set as being
acceptable?
Kind Regards,
Brian Kalt
President
412-680-6244
are confidential and may contain privileged information. If you are not an intended recipient you must not use,
~ose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
~attachments)
GP1494

To: Kalt, Brian
Hello Brad;
I ~ppre_ci'!!e~)'Ol.I calling today and th~ opeortunity for us to talk. Just wanted to briefly highlight the questions you
-The questions you asked addressed the following items or issues (my response is in blue):
We received calls from Ohio that shared TE NORM waste was being shipped from Ohio to Kentucky. One contact shared
that TENO RM waste was also being shipped from WV as well and referred us to Jason Frame. Jason Frame informed us
Yes, it is regulated by the CHFS-DPH and is noted in KRS 211.862 & KRS 211.863. The Solid Waste Branch issues permits~
91"

address in my role as a permit engineer with the Solid Waste Branch are as follows:

3. What was the total quantity of waste shipped in the 47 shipments that were received by Blue Ridge Landfill
5. Is there analytical data on the waste available to help us understand the impact that will have on management
of the landfill?
Thank you again for returning my call yesterday even though you were not able to address my questions without a
written request from KOEP. I am also glad you contacted me today and we got a chance to briefly address questions you
2
GP1495
regarding the waste and how it was managed .
. . .ppreciate very much that you are in contact with our Division and Dr. Curt Pendergrass. Any questions I have or
..-:formation I need will be directed to your attention through formal correspondence/letters from the appropriate
Thank you,
George
fjeorge P. Partrid{Je Jr., Pli'D, P.'E., Q.'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1496
Cc:
Subject:

Anderson, Danny J (EEC); Kalt, Brian
Hello Mr. Kalt,

As promised, below the applicable Kentucky Regulatory Statutes dealing with TENORM.
KRS 211.862 Definitions for KRS 211.861to211.869. http://www.lrc.ky.gov/statutes/statute.aspx?id=8501

(8) "Naturally-occurring radioactive material" (NORM) means naturally occurring materials not regulated
under the Atomic Energy Act of 1954, as amended, whose radionuclide concentrations have been increased by
or as a result of human practices. Naturally occurring radioactive material does not include the natural
radioactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
technologically enhanced by controllable practices (or by past human practices);
(301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.0.R.M., which has
. e n separated to various degrees from the original ore or other material, refining or implementing it.
(3) Naturally-occurring radioactive material (NORM) as defined in KRS 211.862(8) shall be the exclusive
regulatory responsibility of the states, except that no person shall import naturally occurring radioactive
material (NORM) from outside the region for disposal in Kentucky, or dispose of such imported material in
Kentucky, if the imports or disposal are inconsistent with polices of the commission.
regulations promulgated pursuant to KRS 211.859 or 211.865, or fails to comply with any order of the cabinet
issued pursuant to KRS 211.859 or KRS 211.863 and 211.865 shall be assessed a civil penalty not less than ten
thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). Each day of the violation
or noncompliance shall constitute a separate offense.
Central Midwest Interstate Low-Level Radioactive Waste Commission Regional Management
Plan, Adopted May 1999 (http:Uwww.cmcompact.org/publications/Regional Mgmt Plan.pdf)
Disposal of TENORM Waste at Facilities in the Region other than the Regional LLRW Disposal Facility
The public health and safety hazard presented by TEN ORM waste is a function of the
~Clionuclides, concentrations and waste form. At a concentration of 5 pCi/g, regulatory agencies will
require an analysis of the public health and safety concerns for any proposed waste management
aA
GP1497
activities whether it be disposal in place, disposal in a sanitary landfill, disposal in a licensed TENORM
waste site or disposal at a licensed LLRW disposal facility.
Regards,
MailstopHSlC~A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Zl'en .
.,.,~
l;'ViJfri~

To: Kalt, Brian
Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244
2
GP1498
contents {including any attachments) are confidential and may contain privileged information. If you are not an
From: Partridge, George (EEC) [mailto:George.Partridqe@ky.gov]
To: Kalt, Brian
Hello Brad;

follows:
1.
2.

GP1499
3.
4.
5.
Thank you again for returntng my call yesterday even though you were not able to address my questions
tQ_aciJirns~th!'! q1..1~e~!iQn~wg_9rn reJ:eJviog reg!'lrdiog the Wg~tejwd how it was managed, ...
Thank you,
George
(jeorge P. Partritfae Jr., Pfi1J, P.'E., Q_TP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
GP1500
-om:
Sent:
To:
Cc:
Subject:
Young, Anita (EEC)

998 Revised WQR 2015
I have entered the revised WQR's that were submitted to us on Feb 25 for Blue Ridge Landfill.
Thanks, Anita
GP1501
-m:

BKalt@fairmontbrine.com
Sent:
To:
Cc:
Subject:
Curt;
Thank you for responding to Mr. Kalt's question.
George Partridge
KDWM
To: Anderson, Danny J (EEC); Kalt, Brian
Hello Mr. Kalt,

'
' S 211.862 Definitions for KRS 211.861 to 211.869. http://www.lrc.ky.gov/statutes/statute.aspx?id=8501

11
(8) Naturally-occurring radioactive material" (NORM) means naturally occurring materials not regulated
11
11
(10) Region means the geographical area of the state of Illinois and the Commonwealth of Kentucky;
902KAR100:010. Definitions for 902 KAR Chapter 100. http://www.lrc.state.ky.us/kar/902/100/010.htm
11
(301) Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.O.R.M., which has
been separated to various degrees from the original ore or other material, refining or implementing it.
-ntucky, if the imports or disposal are inconsistent with polices of the commission.
GP1502
regulations promulgated pursuant to KRS 211.859 or 211.865, or fails to comply with any order ofthe cabinet
thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). Each day of the violation~
A..

Disposal of TENO RM Waste at Facilities in the Region other than the Regional LLRW Disposal Facility
- --- ~-rh-e~-p~b-lic-he-alth an_ci_satetvhazard prese-nied by rE:i\foRrvfwasteTs a functfon -of the.
radionuclides, concentrations and waste form. At a concentration of 5 pCi/g, regulatory agencies will
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Dispose of un~an!ed sources http://www.crcpd.org/StateServices/SCATR.aspx

To: Kalt, Brian
Mr Kalt:
Any questions you may have regarding KRS 211 and the-related radiology regulations of 902 KAR 100 should be directed
Thanks,
Danny Anderson

Dr. Partridge,
2
GP1503

Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian

Hello Brad;
We received calls from Ohio that shared TENO RM waste was being shipped from Ohio to Kentucky. One

3
GP1504
follows:

2.
3.
4.
5.

Thank you,
George
(jeorge P. PartridiJe Jr., Pfi'D, P.'E., fl'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
GP1505
~om:
W';:;nt:
To:
Subject:

RE: FBP
Todd;
Thank you,
George

Subject: FBP

Geologist
Solid Waste Branch
200 Fair Oaks Lane
~nkfort, KY 40601
~-564-6716 ext. 4653
GP1506
-rom:
Sent:
To:
Cc:
Subject:

Green, Robin C (EEC); Briggs, Lindsey (EEC)
TENORM fact sheet
George:
Robin is putting together a fact sheet for what has transpired at blueridge LF and Green Valley. Facts, timelines, data,
CHFS involvement, etc. Please be available today at her request to assist her on this effort. This has been requested from
the Director's office.
Thanks for all your efforts George!
Regards,

Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
.x:
502.564.3492
1.ee
1
GP1507
~~:
Subject:

Maybriar, Jon (EEC)
Anderson, Danny J (EEC); Weems, George (EEC); Hatton, Tony (EEC); Hendricks, Todd
(EEC); Briggs, Lindsey (EEC)
RE: Site Survey and Sampling - Irvine,KY - Saturday, Februray 27th
Tracking:
Recipient
Delivery
Read
Maybriar, Jon (EEC)
Delivered: 2/29/2016 10:34 AM
Read: 2/29/2016 10:36 AM
Delivered: 2/29/2016 10:34 AM
Read: 2/29/2016 10:36 AM
Weems, George (EEC)
Delivered: 2/29/2016 10:34 AM
Read: 2/29/2016 11:09 AM
Hatton, Tony (EEC)
Delivered: 2/29/2016 10:34 AM
Delivered: 2/29/2016 10:34 AM
Delivered: 2/29/2016 10:34 AM
To:
Cc:
Jon;
With the public meeting scheduled for Tuesday evening in Irvine, KY, the public will want to know the results of the
survey and sampling events that were conducted by the CFHS-DPH in Irvine, Kentucky.
~as asked to witness and participate in those activities.
, s important that we review and discuss those activities prior to the meeting so the public will be presented an
accurate representation of the activities conducted and what we can conclude at this point.
Please schedule a meeting where we can all meet and discuss this prior to the public meeting on Tuesday.
This is very important!
Thank you,
George
<georne P. PartridiJe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1508
~m:
Sent:
Subject:
Microsoft Outlook
Weems, George (EEC)
Delivered: RE: Site Survey and Sampling - Irvine,KY - Saturday, Februray 27th

Weems, George (EEC) (George.Weems@ky.gov)
Subject: RE: Site Survey and Sampling - Irvine,KY - Saturday, Februray 27th
GP1509
, Partridge, George (EEC)
~~m:
Sent:
Subject:
Microsoft Outlook

GP1510
.Arom:
'9';-o:
Sent:
Subject:
Microsoft Outlook

Briggs. Lindsey (EEC) (Lindsey.Briggs@ky.gov)
..
GP1511
.A_om:
97o:
Sent:
Subject:
Microsoft Outlook
Maybriar, Jon (EEC)
Delivered: RE: Site Survey and Sampling - Irvine, KY - Saturday, Februray 27th

GP1512

..Aom:
s;::
Sent:
Subject:
Microsoft Outlook

Hendricks, Todd (EEC) (todd.hendricks@ky.gov)
GP1513
..Aom:
~:
Sent:
Subject:
Microsoft Outlook
Hatton, Tony (EEC)
Your m~ssage has been delivered to the following recipients:

Hatton, Tony (EEC) (Tony.Hatton@ky.gov)
GP1514
~om:
To:
Sent:
Subject:

Read: RE: Site Survey and Sampling - Irvine,KY - Saturday, Februray 27th
Your message
Subject: RE: Site Survey and Sampling - Irvine, KY - Saturday, Februray 27th
GP1515
~m:
To:
Sent:
Subject:
Maybriar, Jon {EEC)

Your message
Subject: RE: Site Survey and Sampling - lrvine,KY - Saturday, Februray 27th
I ..
GP1516
Partridge, George (EEC}
-om:
Sent:
To:
Cc:
Subject:
Attachments:
Green, Robin C (EEC)

Briggs, Lindsey (EEC); Anderson, Danny J (EEC)
RE: TENORM fact sheet
TENORM MATERIALS IN KENTUCKY LANDFILLS TIMEUNE.docx
George,
Here is what I have put together as a start. I'd be happy to sit with you and compile more items, or
if you think it would be better for you to review your information and email a revised timeline back
to me, that is fine, too.
Thanks,
Ro bin C. Green
Environmental Scientist
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, Ky 40601
. 0 2 ) 564-6716 ext 4673
Cc: Green, Robin C (EEC); Briggs, Lindsey (EEC)
Subject: TENORM fact sheet
Sent:
George:
Robin is putting together a fact sheet for what has transpired at blue ridge LF and Green Valley. Facts, timelines, data,
Regards,

nkfort, KY 40601
. .ice: 502.564.6716 ext. 4664
Fax: 502.564.3492
GP1517
-om:
To:
Sent:
Subject:
Weems, George (EEC)

Your message
Subject: RE: Site Survey and Sampling - lrvine,KY - Saturday, Februray 27th
Sent: Monday, February 29, 201610:34:26 AM (UTC-05:00) Eastern Time (US & Canada)
was read on Monday, February 29, 2016 11 :08:33 AM (UTC-05:00) Eastern Time (US & Canada).
GP1518
-m:
Sent:
To:
Subject:
Weems, George (EEC)

RE: RE: Site Survey and Sampling - Irvine,KY - Saturday, Februray 27th
Do you have a list of participants?

Cc: Anderson, Danny J (EEC); Weems, George (EEC); Hatton, Tony (EEC); Hendricks, Todd (EEC); Briggs, Lindsey (EEC)
Jon;
I was asked to witness and participate in those activities.
It is important that we review and discuss those activities prior to the meeting so the public will be presented an
._ase schedule a meeting where we can all meet and discuss this prior to the public meeting on Tuesday.
Thank you,
George

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1519
~om:
Sent:
To:
Subject:
Bhattacharyya, Anjan
Swipe ssamples
Good morning George: .

My supervisor Curt Pendergrass is requesting any documentation that would accompany the swipe samples we took on
the field in front of the landfill entrance, done at different locations on either side of the entry access road to the facility.
If you recall these are samples F-1 through F-9 taken 12/27/16. I would appreciate it if you can scan and send me the
report which could be a short narrative and would include the readings, GPS locations and a sketch (or map) of the
approximate area at your earliest convenience. Thanks for your consideration.
Best Regards
AJ
AJ Bhattacharyya, Ph.D.
Radiation Health Specialist II
275 East Main Street, HS1C-A
Frankfort, KY 40601
Ph: 502-564-3700 x4171
FAX: 502-564-1492
https://prd.chfs.ky.gov /Rad ePay/
~TICE OF CONFIDENTIALITY: This e-mail, including any attachments, is intended only for the use' of the individual or
~ity to which it is addressed and may contain confidential information exempt from disclosure under applicable law.
If
the reader of this message is not the intended recipient, you are notified that any review, use, disclosure, distribution or
copying of this communication is strictly prohibited. If you have received this communication in error, please contact
the sender by reply e-mail and destroy all copies of the original message.
GP1520
t'-om:
Sent:
To:
Subject:
samples
Hello again George: I forgot to mention that the chain of custody of those swipe samples would have started with me.
Thanks
Regards
AJ
275 East Main Street, HSlC-A
Frankfort, KY 40601
Ph: 502-564-3700 x4171
FAX: 502-564-1492
https://prd .chfs.ky .gov/Rad ePavI
NOTICE OF CONFIDENTIALITY: This e-mail, including any attachments, is intended only for the use of the individual or
entity to which it is addressed and may contain confidential information exempt from disclosure under applicable law. If
~ying of this communication is strictly prohibited. If you have received this communication in error, please contact
._=
GP1521
..Aom:
~nt:
To:
Subject:

Maybriar, Jon (EEC)
Accepted: Blue Ridge Landfill Overview
GP1522
e!~:
To:
Subject:

Weems, George (EEC)
George;
Meeting scheduled for tomorrow mo ring!
George

Subject: RE: RE: Site,Survey and Sampling - Irvine,KY - Saturday, Februray 27th

. .bject: RE: Site Survey and Sampling - Irvine,KY - Saturday, Februray 27th
Jon;
'

Thank you,
George
<georee P. Partridfje Jr.

Fair Oaks Lane; 2nd Floor (SWB)
~nkfort, KY 40601
(502) 564-6716 ext. 4651
GP1523
GP1524
1-m:
Sent:
To:
Subject:
Weems, George (EEC)

Got it. Make a copy of the participant list from Saturday for me to put in TEMPO, S'il vous plait! Have you heard
anything from Curt? Do we know what came out yesterday?

Subject: RE: RE: Site Survey and Sampling - Irvine,KY - Saturday, Februray 27th
George;
Meeting scheduled for tomorrow moring!
George

-bject: RE: RE: Site Survey and Sampling - Irvine,KY - Saturday, Februray 27th
Do you have a list of p~rticipants?

Jon;
- " i s very important!

Thank you,
George
1
GP1525
<jeorge P. Partridge Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1526
#m:
Sent:
To:
Subject:

Weems, George (EEC)
George;
I am interested in learning the results from this weekend as well.

George


, .bject: RE: RE: Site Survey and Sampling
- Irvine,KY - Saturday, Februray 27th
George;
George


Jon;
- h the public meeting scheduled for Tuesday evening in Irvine, KY, the public will want to know the results of the
1
GP1527
Thank you,
--
~-
-.
George
<geor13e P. Partridge Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1528
~~:
To:
Subject:

Robin;
Thanks for taking time from your busy day for me to share correspondence with you regarding the event surrounding
the waste received by Blue Ridge Landfill.
George
From: Green, Robin C (EEC)

Cc: Briggs, Lindsey (EEC); Anderson, Danny J (EEC)
Subject: RE: TENORM fact sheet
George,
~ou think it would be better for you to review your information and email a revised timeline back
, . . .me, that is fine, too.
Thanks,
Robin C. Green
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, Ky 40601
(502) 564~6716 ext 4673


George:
1
-Director's office.
GP1529
Regards,
Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492
GP1530
m
nt:.
To:
Subject:
Attachments: .
Kalt, Brian <BKaft@fairmontbrine.com>

Sludge Disposal Plan_Approval Email-7-21-2015.pdf; Sludge_Profile_10583SWV_SWPU
ID_14-10-130_12-2-2014.pdf; Sludge_SOl-00001_9-12-2014.pdf
Gentlemen,
Please see the responses in green to your questions below.
1.
..,
Each box can hold up to 25 yards. Length 20', Height 6' and Width 8'. Empty Weight is 9,000 lbs .
2.
Stiff trying to track this information down.

3.
~er Fairmont Brine Processing's (FBP) Sludge Disposal Plan (Please see attached) was accepted and approved by Jason
-me, Chief Radiological Health Program at the Office of Environmental Health Services/Radiation, Toxics and Indoor
Air Division, Advanced TE NORM Services picked up 865.33 tons of material.
4.
FBP uses sodium sulfate, a soluble compound whose predominant use is in the manufacture of powdered soaps, to
capture barium, a toxic constituent in some brines, as barium sulfate and to capture radium, as radium sulfate, to form
an insoluble sludge. This chemical precipitation process also removes sand and some hydrocarbons. This sludge has
been determined to be non-hazardous.
When soluble barium is converted to insoluble barium sulfate, it's toxic nature becomes so benign that it is u.sed by
doctors as a contrast media to coat esophagus, stomach, or intestine so that diseased or damaged areas can be seen by
x-ray or CT scan.
FBP's sludge has been fairly consistent since operations began in 2013. Because of the possible co-precipitation of
radium with barium, FBP monitors the sludge with a handheld detector. In 2014 and early 2015, FBP's sludge had no
levels of naturally occurring radioactive materials above background. This sludge is similar in nature to sludge generated
at a typical drinking water treatment plant.
In the second half of 2015, FBP's sludge had exhibited very, very low levels of naturally occurring radioactive material
above background. The average reading of all samples (1 foot from the sludge) was only 0.2267 R/hr (0.0002267
hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As published by the
fear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA), both readings are lower
n the dose of drinking several glasses of beer per hour (0.07 mR per beer), and slightly lower than consuming one
banana (0.009863 mR per banana).
GP1531
Currently, FBP does not physically dewater the sludge on-site. The sludge is removed via pump into standard
watering boxes. After some dewatering period on-site, the boxes were received by Advanced TENORM Services for
atering and solidification, as appropriate to pass paint filter test, and then landfilled. Based on FBP's understanding
he dewatering process and solidification process, the extremely low levels of naturally occurring radioactive
materials were to be eliminated.
5.
of the landfill?
Please see the attached Non-Hazardous Waste Approval Notification Form from the West Virginia Department of
Environmental Protection's (WVDEP) Director, Scott Mandirola. Please see the attached analysis that was conducted on
the Non-Hazardous Material.
If anything else is needed, please let us know.
Kind Regards,
Brian Kalt
President
412-680-6244
attachments) are confidential and may contain privileged information. If you are not an intended recipient you must not use,
close, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and

Cc: Kalt, Brian
Curt;
George Partridge
KDWM

.ject: RE: Phone Call on February 26, 2016
Hello Mr. Kalt,
GP1532
As promised, below the applicable Kentucky Regulatory Statutes dealing with TENO RM.

"Naturally-occurring radioactive material" (NORM) means naturally occurring materials not regulated
der the Atomic Energy Act of 1954, as amended, whose radionuclide concentrations have been increased by
211.859 or 211.863, or with any administrative
9u1ations promulgated pursuant to KRS 211.859 or 211.865, or fails to comply with any order ofthe cabinet
~Any person who fails to comply with any provision of KRS

Plan, Adopted May 1999 (http://www.cmcompact.org/publications/Regional Mgmt Plan.pdf)
__Disposal of TENORM Waste at Facilities in the Region other than the Regional LLRW Disposal
Facility
_The public health and safety hazard presented by TE NORM waste is a function of the
Regards,
~East Main St.reet
. .stop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
GP1533
Fax: 502-564-1492
Y your fees on line at https://prd.chfs.ky.gov/rad epay/
notified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
~t!/ltu~
,,
'Vm.n,.~.
f:'Ji.til.i:YrJtiN.,HE.t'iLTH
To: Kalt, Brian
Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian
GP1534
Hello Brad;
We received calls from Ohio that shared TEN ORM waste was being shipped from Ohio to Kentucky. One

follows:
1.
2.
3.
4.
5.

GP1535
correspondence/letters from the appropriate governing entities that we are working with .
Thank you,
George
{]eorge P. Partridge Jr., Pli:n, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
GP1536
Kalt, Brian
From:
Sent:
To:
Cc:
Subject

Tuesday, July 21, 2015 3:02 PM
Kalt, Brian
Turner, Tony; Ivey, Walter M
'RE: FBP - Sludge Removal Plan
Mr. Kalt,
Your disposal plan is approved. You are required to submit manifest and chain of custody information for all loads. Thanks
Jason R. Frame B.S. R.T. (R), Chief Radiological Health Program

Office: (304)356-4303
Fax: (304) 558-0524
Sent: Tuesday, July 21, 2015 10:55 AM
GP1537
To: Frame, Jason R

Subject: RE: FBP - Sludge Removal Plan
Mr. Frame,
1
Fairmont Brine
Processing
Date:
To:
July 16t11 , 2015

West Virginia Office of Environmental Health Services
lndoorAir Division
Attn: Jason R. Frame, Chief Radiological Health Program
Charleston, WV 25301
~Rac.liation,'1"01dcsand
Re:
Sludge Disposal Plan
Dear Mr. Frame,

The purpose of this correspondence is in reference to the West Virginia Office of Environmental Health
Services' {OEHS) request that Fairmont Brine Processing (FBP) submit a plan for the disposal of its
sludge. The West Virginia Department of Environmental Protection (WVDEP) has received and
processed FBP's Notification of Regulated Waste Activity Form. As a result, FBP was assigned a U.S.
Environmental Protection Agency (US EPA) identification Number {WVR000521948).
FBP will contract the removal of all sludge through Advanced TENORM Services (ATS). Based out of
West Liberty, Kentucky, ATS is comprised of dedicated professionals with top level Ph.D. nuclear
physicists, health physicists, engineers, and geologists who have decades of experience with sludge
management.
On July 2ott', 2015, via DOT compliant trucks, ATS will transport 35 sealed containers from FBP's location
in Fairmont, WV to Ashland, KY. There will be no waste handling, solidification, or tank transfer taking
place in WV. All material will be solidified to pass the paint filter test. Upon completion of solidification
and as a special waste per 40 CFR 261.4(b)(5), the material will be disposed of in a Subtitle O landfill
located in Irvine, Kentucky. In order to track the disposal of each container, a manifest tracking log will
be maintained throughout the duration of the project. Before containers are returned for service, they
will be cleaned and issued a certificate. Any residue generated during the tank cleaning process will be
solidified and disposed of at the same Subtitle O landfill and documented in the manifest tracking log.
If you have any questions or comments, please don't hesitate to contact me.
Sincerely,
Brian Kalt
GM
Fairmont Brine Processing, LlC
412-680-6244
bkalt@fairmontbrine.com
GP1538
Waste Management
(
Non-Hazardous Waste Approval Notification Form

sposal Facility:
Meadowfill LF
enerator's Name:
WMI Waste Code:
Common Name of Waste:
WM SPWASTE PLANT
State Waste Code:
Volume of Waste:
2000
Residual Waste Code:
Frequency:
Year
Technical Representative:
Tons
EC#
WV/16
/12/2/2014/105835
14-10-130
John Wakin
Representative's Signature:
Date:
03-Dec-14
Phone Number:
Renewal Requirements
WCF - BIENNIAL
Conditions of Approval:
MANIFEST EACH WASTE SHIPMENT.
CONDITION #4: THIS WASTE MUST BE AERATED OVER AN
UNUSED LINED PORTION OF THE LANDFILL.
Other Waste Description:

SLUDGE FROM BRINE PROCESSING
Additional Renewal Requirements
Effective Date of Approval:
Tuesday, December 02, 2014
Expiration Date of Approval:
Thursday, November 24, 2016
Disposal Recommendation:
Landfill, Non Hazardous
Notes:
Conditions of Approval:
Page I of I
GP1539
I
west Virginia department of environmental protection
Division of Water and Waste Management
60 I 57t1t Street, SE
Charleston, WV 25304
Telephone: (304) 926-0499
Fax: (304) 926-0456
Earl Ray Tomblin, Governor

Randy C. Huffman, Cabinet Secretary
www.dep.wv.gov
Minor Permit Modification for

Disposal of Petroleum-Contaminated Materials
SWPU ID: 14-10-130
Landfill: Meadowfill
Generator: Fairmont Brine Processing
Request Received: October 29, 2014
Request Dated: October 28, 2014
Waste: Sludge From Brine Processing
Generated at: Marion County, WV
Comments and/or Conditions
The following checked (X) comments and/or conditions apply:
1.
~ The West Virginia Department of Environmental Protection, Office of Solid Waste, has
reviewed the information submitted by the Meadowfill Landfill. Based upon this
information, the WVDEP believes that this waste is not hazardous waste under the Resource
Conservation and Recovery Act. Consequently, a minor permit modification is granted for
the disposal of this waste at the Meadow:fill Landfill.
2.
l8] Quantity Approved: 2,000 Tons per Year
D
3.
l8] This amount may be received before November 25, 2016.
D
4.
This Quantity Approved is an increase of the amount allowed by the Minor Permit
Modification
granted
The above date represents an extension of the time allowed by the Minor Permit
Modification
granted
[gl Approved for disposal:

~ TPH (GRO + DRO + ORO)> 10,000 mg/kg: This waste must be aerated over an
unused lined portion of the landfill until test results are obtained showing that TPH
(GRO + DRO +ORO) is less than 10,000 mg/kg, TOVs are less than 100 ppm, and if
DRO is present at more than 100 mg/kg, until total PAH is less than 100 mg/kg, and
then disposed of within 30 days of obtaining those test results.
D TPH (.....) < 10,000 mg/kg:

a. DRO > 100 mg/kg and/or TOV s > 100 ppm: This waste must be aerated over an
unused lined portion of the landfill until test results are obtained showing that, as
Promoting a healthy environment.
GP1540
ID: 14-10-130
LF: Meadowfill
Generator: Fainnont Brine Processing
Page2
applicable, total PAH is less than 100 mg/kg and TOVs are less than 100 ppm,
and then disposed of within 30 days of obtaining those test results.
b. DRO < 100 mg/kg and TOVs < 100 ppm: This waste must be disposed of within
30 days of receiving the waste or this minor pennit modification, whichever is
later.
5.
D Approved for use as daily cover or disposal:

D TPH (.....) > 5,000 mg/kg: This waste must be aerated over an unused lined portion of
the landfill until test results are obtained showing that TPH (..... )is less than 5,000
mg/kg, TOVs are less than 100 ppm, and if DRO is present at more than 100 mg/kg,
until total PAH is less than 100 mg/kg, and then used as daily cover or disposed of
within 30 days of obtaining those test results.
D TPH (..... ) < 5,000 mg/kg

a. DRO > 100 mg/kg and/or TOV s > 100 ppm: This waste must be aerated over an
unused lined portion of the landfill until test results are obtained showing that, as
applicable, total PAH is less than 100 mg/kg and TOVs are less than 100 ppm,
and then disposed of within 30 days of obtaining those test results.
b. DRO < 100 mg/kg and TOV s < 100 ppm: This waste must be used as daily cover
or disposed of within 30 days of receiving the waste or this minor permit
modification, whichever is later.
6.
D After a minimum of thirty days of aeration, this waste must be tested for
and the
analytical results submitted to this office for review before disposal.
7. [gl Petroleum contaminated materials that are not used as daily cover shall be included in
monthly tonnage calculations.
8.
D Petroleum contaminated materials (PCM) that are used as daily cover may be excluded
from monthly tonnage calculations, provided that all of the following conditions are met:
a. Daily deposition of solid waste is confined to as small an area as practical in
accordance with the Solid Waste Management Rule, 33 C.S.R. 1-4.6.a.l.A.
b. Calculations for the amount to be used as daily cover and exempted from the tonnage
limits shall be based on an eight foot (8') vertical cell height for solid waste disposed
of daily.
c. Under no circumstances, shall the amount of PCM used as daily cover and exempted
from monthly tonnage calculations, exceed the rate of 0.14 tons per one (1) ton of
solid waste.
d. Example: A facility that receives 200 tons per day of solid waste, including PCM that
is suitable for use as daily cover, shall not exceed 28 tons per day for tonnage
exemption.
Required formula for calculation:
0.14 x tons of solid waste per day = tons of cover material permitted per day.
9.
IZl The disposal or use as daily cover of this waste must take place during nonnal working
hours, will not be exempt from assessment fees, and must be included in the monthly
tonnage report.
GP1541
ID: 14-10-130
10.
LF: Meadowfill
Generator: Fairmont Brine Processing
Page 3
~Additional comments and/or conditions: Waste must be solidified prior to disposal.
11. ~ If you have questions or need additional information, please contact Kenneth Holliday at
(304) 926-0499, extension 1615 or Kenneth.C.Holliday@wv.gov.
Director
GP1542

__.(._,,'(/.;..,;t...,0.._~::;,,_;:c:;p'"'"-~-1----- 'TEL.# _ _ _ _ __ FAX# _ _ _ _ __
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'DATE
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sAMPLER {S)
LABORATORY#
10:10
SAMPLES DO~O NOT_ _ _MEET USEPA GUIDELINES FOR HOLDING TIMES

REMARKS:
SAMPLES DO~DO NOT_ _ _MEET USEPA GUIDELINES FDR CHEMICAL PRESERVATIVES
SAMPLES DO~DO NOT_ _ _MEET USEPA GUIDELINES FOR SAMPLE CONTAINERS
SAMPLES ARE ARE NOT_ _ _ FOR REGULATORY COMPLIANCE PURPOSES
OATEfTIME
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'RECEIVED BY:
DATE: "'f{fz..JI~(
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'RELINQUISHED BY:
ADDITIONAL LABORATORY FEES MAY APPLY'..
PRINT:
PATE:
PRINT:
EXTENT OF LIABILITY
TIME:
SIGN:
SIGN:
PWS#~--~-------
cl..,t, / 7o'
av
t='""'---,,.-.,.----.---t..:.:.:!=---,,~,,..-----+:::='----:-=--...,.-----l SHOULD RELIANCE LABORATORIES, INC. BE AT FAULT ANO ANV DISPUTE ARISE FIEGAROING ANALYTICAL DATA GENERATED
lHE LAaOAAlORY,
DATEfTIME
'RELINQUISHED BY:
'RECEIVED BY:
THE EXTENT OF THE UASIUTV TO RELIANCE WIU. BE A DUPLICATE ANALYSIS OF THAT SAMPLE (PROVIDING
SAMPLE REMAINS) OA
A REFUND OF THE ANAl.VTICAL FEE. IN NO EVENT WILL RSLIANCE LABORATORIES BE LIABLE FOR DAMAGES INCWOING BUT NDT LIMITED TO
DATE:
PRINT:
PAINT:
DIRECT, INOl~l;C:T OR CONSECUENTIAL DAMAGES ARISING FROM SU'CH OJSPUTE.
ADEQUATE
TIME:
SIGN:
SIGN:
t==---------t-=~--====c=----+:=:;.._-.,,=====----1
~IiL~lf:~~:'JJ::~~~:~~~\~N~gjTIWs~~~:~v,~e~~r:~N:OODf'rigN:~~~ NOT AGUARANTEE THAT SAMPLES WILL BE
'DATEfTIME
'COURIER:
PATE:
'RECEIVED BY:
PRINT:
*TO BE COMPLETED BY CLIENT
TRACKING#:
TIME:
SIGN:
=====------~-""=----------'-"=""----------'
ORIGINALCHAfNOFCUSTCID'f DOOUMENTMUSTBE EXECU'TSDIN INK
WiilTE. LABOAATOR'I
GP1543
\'SUCW- c:uem
Reliance
LABORATORIES
Reliance Laboratories, Inc.
Martinsburg Laboratory
2044 Meadowbrook Road I P.O. Box4657

Bridgeport, WV 26330
Phone: 304.842.5285 I Fax: 304.842.5351
Ridgefield Business Center I 25 Crimson Circle

Martinsburg, WI/ 25403
Phone: 304.596.2084 I Fax: 304.596.2086
Certifications: WV Department of Health#: 00354, 00443
I WV Department of Environmental Protection#: 158, 181
MD Department of Environment#: 336, 337 \ US Environmental Protection Agency#: WV00042, WV00901
LABORATORY REPORT SUMMARY

Client:
C06407
Tuesday, October 14, 2014

Total Number of Pages: 4
FAIRMONT BRINE PROCESSING, LLC
(Not Including C.O.C.)
1501 Reedsdale Street, Suite 505

PITTSBURGH
PA
Page 1of4
15233-
Lab ID
Sample ID
Sample 102
Sample Date
218683-2014-SL
501-00001
SLUDGE-BOTIOM OF CONCRETE BASIN
9/12/2014
The enclosed results have been analyzed according to the referenced method and SOP. Any deviations to the method have been noted on the
report. Unless otherwise noted, all results have been verified to meet quality control requirements of the method. This report may not be
reproduced, except in full, without written approval of Reliance Laboratories, Inc.
Digitally signed by Tenley
Miller
ON: en=Tenley Miller,
Report Reviewed By:
o=Rellance Laboratories, Inc.,

ou, email=tmiller@wvdsl.net,
c=US
Date:2014.10.1415:49:40
-04'00'
J--~~~~~~~~~~~Envi ron menta I Analysts and Consultants
Reliancelabs@wvdsl.net I www.Reliancelabs.net
GP1544
),
Reliance
2044 Meadowbrook Road I P.O. Box 4657

Bridgeport, l/W 26330
Phone: 304.842.5285 I Fax: 304.842.5351

Martinsburg, l/W 25403
Phone: 304.596.2084 I Fax: 304.596.2086
Certifications: WV Department of Health#: 00354, 00443 WV Department of Environmental Protection#: 158, 181
MD Department of Environment#: 336, 337 US Environmental Protection Agency#: WV00042, WV00901
LABORATORIES

Page 2 of 4

PITTSBURGH,
Lab Number:
15233-
PA
218683-2014-SI
Sample ID:
501-00001
SLUDGE-BOTTOM OF CONCRETE BASIN
Parameter
Value
Analyte Group:
Units
Method
Date/Time Analyzed
Analyst
MDL
MCL
lnorganics
Percent Solids
SM2540B-97
9/15/2014
10:40 CT
Total Volatile Solids
EPA 160.4
9/15/2014
10:40 CT
SW1010A
9/18/2014
SW9045D
9/18/2014
SM4500CND-99 9/19/2014
14:25 KD
13:50 KV
9:10 KD
250
SW9030B
17:07 MC
500
~~~point
__
> 200
pH
Reactive Cyanide
8.00
<1
Deg F
S.U.
mg/kg
Reactive Sulfide
<1
mg/kg
--~--------------------------------------------------------------
9/26/2014
Remarks:
Date Sample Collected:
9/12/2014
Sample Submitted By:

Date Sample Received:
B.PLEMONS
9/12/2014
10:10
10:50
= Not Detected at the MDL or MRL
Sample temp. upon receipt: 20.6 Deg C
ND
MDL - Minimum Detectable Limit
MRL - Minimum Reporting Limit
MCL - Maximum Contaminant Level, USEPA Regulated
[MCL]
= Maximum Contaminant Level, Non-Regulated
'Method Code: STANDARD METHODS 19TH ED; US EPA METHODS FOR THE CHEMICAL ANALYSIS OF WATER AND WASTES, Rev. 83; US EPA METHODS FOR THE DETERMINATION
METALS IN ENVIRONMENTAL SAMPLES, May 1994; TEST METHODS FOR EVALUATING SOLID WASTE, SW-846, 3rd ED; USEPA Manual for Certification of Laboratories Analyzing
inking Water, 5th ED, In accordance with EPA Regulations, all reports, Including raw data and quality control data, are maintained by the laboratory for a minimum of 5 years.
DTE: ..mg/kg as received

NOTE: ..mgn in leachate
RLl.001
GP1545
Reliance
2044 Meadowbrook Road I P.O. Box 4657

Bridgeport, I/If\/ 26330
Phone: 304.842.5285 I Fax: 304.842.5351

Martinsburg, I/If\/ 25403
Phone: 304.596.2084 I Fax: 304.596.2086
Certifications: WV Department of Health#: 00354, 00443 WV Department of Environmental Protection#: 158, 181
MD Department of Environment#: 336, 337 US Environmental Protection Agency#: WV00042, WV00901
LABORATORIES

PITTSBURGH,

Page 3 of 4
PA
Lab Number:
15233-
218683-2014-SI
Sample ID:
501-00001

Parameter
Analyte Group:
Value
Units
Method
Date/Time Analyzed
Analyst
MDL
MCL
Total Petroleum Hydrocarbons

6.69
TPH - ORO ___________1596 ----~g/kg ___S_W801~E:l!.~~~OB 9/25/2014 __ __! 8:24_M_~ _______1_0______ _
o-T~ehenyl (Surrogat~-----~--~----~~015~-~~~2014
TPH - GRO
790
mg/kg
SW8015B/5035 9/24/2014
4-Bromochlorobenzene (Surrogate)
115
%
SW8015B
9/24/2014
-------------~------------
18:24 MC
18:52 MC
18:52 MC
0.5
Remarks:
9/12/2014

B.PLEMONS
9/12/2014
10:10
10:50
= Not Detected at the MDL or MRL
ND
MDL Minimum Detectable Limit
MRL. Minimum Reporting Limit
MCL Maximum Contaminant Level, USEPA Regulated
[MCL]
= Maximum Contaminant Level, Non-Regulated
nking Water, 5th ED. In accordance with EPA Regulations, alt reports, Including raw data and quality control data, are maintained by the laboratory for a minimum of 5 years.
OTE: "mg/l<g as received

NOTE: "mg/I in leachate
RLl.001
GP1546
Reliance
2044 Meadowbrook Road I P.O. Box4657

Phone: 304.842.5285 I Fax: 304.842.5351

Martinsburg, WV 25403
Phone: 304.596.2084 I Fax: 304.596.2086
I WV Department of Environmental Protection#: 158, 181

I US Environmental Protection Agency#: WV00042, WV00901
Certifications: WV Department of Health#: 00354, 00443

MD Department of Environment#: 336, 337
LABORATORIES

PITTSBURGH,
Lab Number:
Page4 of4
PA
15233-
218683-2014-SI
Sample ID:
501-00001
Parameter
Analyte Group:
Value
Units
Method
Date/Time Analyzed
17:21
--------------------------------
TCLP Hexachlorobutadiene**
------------
MDL
MCL
TCLP
TCLP Arsenic**
-----
Analyst
----
!~~~!~tr~~~1o~~~t~x1~~e
TCLP Trichloroethylene**
MC
--------------- -
ND
ND
ND
ND
0.01
5.0
---------- ----------
10/1/2014
19:24 MC
0.003
10/1/2014
19:24 MC
0.001
0.7
10/1/2014
19:24 MC
0.002
0.5
-19:24
--------- - - 0.2
0. 001
MC
TCLP Vinyl Chloride**

-----1,2-Dichloroethane-d4 (Surrogate)
50.6
10/1/2014
19:24 MC
4-Brom~uorobe_r:izene (Surrogate)
99.6
10/1/2014
19:24 MC
Toluene-dB (Surrogate)
96.6
10/1/2014
19:24 MC
10/1/2014
0.5
Remarks:
9/12/2014
B.PLEMONS
9/12/2014
10:10
10:50
ND = Not Detected at the MDL or MRL
MDL - Minimum Delectable Limit
MRL - Minimum Reporting Limit
MCL- Maximum Contaminant Level, USEPA Regulated
(MCL] =Maximum Contaminant Level, Non-Regulated
nking Water, 5th ED. In accordance with EPA Regulations, all reports, Including raw data and quality control data, are maintained by the laboratory for a minimum of 5 years.
OTE: "mg/kg as received

NOTE: "mg// in leachate
RLI.001
GP1547
.
M.
.
1
Summit Environmental Technologies, Inc.
3310 Win St.

ENV'J'RONMElllTAL TECHNOLOGl!:S, INC
Cuyahoga Falls, Ohio 44223
AntJlytiaaJ l...1.1bcratorfif!5'
TEL: (330) 253-8211 FAX: (330) 253-4489
Website: http://www.settek.com
October 13, 2014

Tenley Miller
Reliance Laboratories-Bridgeport
Benedum Industrial ParkP.O. Box 4657
TEL:
FAX:
RE:
218683
Dear Tenley Miller:
Order No.:
14092799
Summit Environmental Technologies, Inc. received 1 sample(s) on 9/25/2014 for the analyses
presented in the following report.
There were no problems with the analytical events associated with this report unless noted in the
Case Narrative .
Quality control data is within laboratory defined or method specified acceptance limits except
where noted.
If you have any questions regarding these tests results, please feel free to call the laboratory.
Sincerely,
Dr. Mo Osman
Project Manager
3310 Win St.
A2LA 0724.01, Alabama 41600, Arizona AZ0788, Arkansas 88-0735, California 07256CA, Colorado, Connecticut PH-0105, Delaware, Florida NELAC
E87688, Georgia E87688 aud 943, Idaho OH00923, Illinois 200061 and Reg.5, Indiana C-OH-13, Kansas E-10347, Kentucky (Underground Storage Tank)
3, Kentucky 90146, Louisiana 04061 and LAl2004, Maine 2012015, Maryland 339, Massachusetts M-OPH923, Minnesota 409711, Montana CERT0099,
New Hampshire 2996, New Jersey OH006, New York 11777, North Carolina 39705 and 631, Ohio Drinking Water4170, Ohio VAP CL0052, Oklahoma
9940, Oregon OH200001, Pennsylvania 68-01335, Rhode Island LA0003 l 7, South Carolina 92016001, Tennessee TN04018, Texas Tl 04704466-11-5,
Region 8 8TMS-L, USDA/APHIS P330-ll-00244, Utah OH009232011-l, Vermont VT-87688, Virginia 00440 and 1581, Washington C891, West
Virginia 248 and 9957C and E87688, Wisconsin 399013010
Page 1of4
Page 1 of 7
GP1548
'
..
U.)G!E$, !~lC

3310WinSt.
TEL: (330) 253-8211 FAX: (330) 253-4489
CLIENT:
Project:
218683
Lab SampleID Client Sample ID

14092799-001
218386-2014-SL
Tag No
Workorder
Sample Summary
WO#:
14092799
13-0ct-14
Date Collected
Date Received
Matrix
9/12/2014 IO: 10 00 AM
9/25/2014IO:15:00 AM
Sludge
Page 2 of4
Page 2 of 7
GP1549
'
ENVIRONMENTAL TECHNO
~...,Jl!fllllll/I Ani11ytit:-BI L<Jbcrat.arfe~
.
IT
$,INC.

3310 Win St.
TEL: (330) 253-8211 FAX: (330) 253-4489
CLIENT:
Project:
218683
Case Narrative
VIO#:
14092799
Date:
10/13/2014
This report in its entirety consists of the documents listed below. All documents contain the Summit
Environmental Technologies, Inc. Work Order Number assigned to this report.
Paginated Report including: Cover Letter, Case Narrative, Analytical Results, Applicable Quality
Control Summary Reports and copies of the Chain of Custody Documents supplied with this sample
set.
Concentrations reported with a J flag in the Qual field are values below the Limit of Quantitation
(LOQ) but greater than the established Limit of Detection (LOD). There is greater uncertainty
associated with these results and data should be considered as estimated.
Method numbers, unless specified as SM (Standard Methods) or ASTM, are EPA methods.
Estimated uncertainty values are available upon request.
Original
Page 3 of4
Page 3 of 7
GP1550
-
------
._
11
3310 Win St.

E!'WlflOJIJMENfAL TCl{NOU)Gi!:$, INC
Anslytiatfl t,.,barataries
TEL: (330) 253-8211 FAX: (330) 253-4489
WO#: 14092799
Date Reported: 10/13/2014
Company: Reliance Laboratories-Bridgeport

Address: Benedum Industrial ParkP.O. Box 4657
Bridgeport WV 26330
Received: 9/25/2014
Project#: 218683
SVOC 8270 TCLP BNA List

Client ID#
Lab ID# Collected Analyte
Rep Lmt Result Units
Matrix
Method DF RegLvl
Run
Analyst
AKE
218386-2014-SL
001
9/12/2014 1,4-Dichlorobenzene
0.10
ND mg/L
Sludge
EPA8270 C
7.5
10/11/2014
218386-2014-SL
001
9/1212014 2,4,5-Trichlorophenol
0.25
ND mg/L
Sludge
EPA8270 C
400
10/11/2014
AKE
218386-2014-SL
001
9/12/2014 2,4,6-Trichlorophenol
0.25
ND mg/L
Sludge
EPA 8270 C
2.0
10/11/2014
AKE
218386-2014-SL
001
9/12/2014 2,4-Dinitrotoluene
0.10
ND mg/L
Sludge
EPA8270 C
0.13
10/11/2014
AKE
218386-2014-SL
001
0.10
ND mg/L
Sludge
EPA8270 C
0.50
10/11/2014
AKE
AKE
218386-2014-SL
001
9/12/2014 Hexachloro-1,3butadiene
9/12/2014 Hexachlorobenzene
0.10
ND mg/L
Sludge
EPA 8270 C
0.13
10/11/2014
218386-2014-SL
001
9/12/2014 Hexachloroethane
0.10
ND mg/L
EPA8270C
3.0
10/11/2014
AKE
218386-2014-SL
218386-2014-SL
001
001
9/12/2014 Nitrobenzene
9/12/2014 Pentachlorophenol
0.10
0.25
ND mg/L
ND mg/L
Sludge
Sludge
Sludge
EPA8270 C
EPA8270 C
2.0
100
10/11/2014
10/11/2014
AKE
AKE
218386-2014-SL
001
9/12/2014 Pyridine
0.25
ND mg/L
Sludge
EPA 8270 C
5.0
10/11/2014
AKE
GP1551
'
RELIANCE LABORATORIES,
0
2044MEADOWBROOKROAD
POST OFFICE BOX 4657
BRIDGEPORT, WV 26330
TEL. (304) 842-5285 FAX (304) 842-5351
RIDGEFIELD BUSINESS CENTER

25 CRIMSON CIRCLE
MARTINSBURG, WV 25403
TEL (304) 596-2084 FAX (304) 5962086
I()
(I)
Cl
ca
a..
E~MAIL rellancelabs@wvdsl.net
INTERNET www.RelianceLabs.net
*CLIENT NAME
.I. -CHAIN OFCUSTODVRECORD
.......
R~t'im(p. La;fvrzr~y~::J2 lttC ~
*ADDRESS.~~------------~~~~--~~~--.~~~~~~~~~~~~*TEL.# _ _ _ _ _ __ FAX# _ _ _ _ __
CUSTOMER # --..,....-,..,.....,,...,......------71 hL..
.. ,..
*SAMPLER (S)
LABORATORY#
HN03 IH2S04I HCL
INaOHiBAC.Tlp~i?s.
~
SAMPLES 00....L.._DO NOT_ _ _MEET USEPA GUIDELINES FOR HOLDING TIMES

.!REMARKS:
SAMPLES DO / D O NOT_MEET USEPA GUIDELINES FOR.CHEMICAL PRESERVATIVES
SAMPLES DO .,.,-- DO NOT_MEET USEPA GUIDELINES FOR SAMPLE CONTAINERS
SAMPLES ARE "-~l_N9T_ _ _ FOR REGULATO~ COMPLIANCE PURPOSES
"OATElllME
DATE:
GP1552
SIGN:
Tl~
PRINT:
DATE:
SIGN
TIME:
"RECENED BY:
C/-f7- '-(-/ Y
PAINT~ ;J
I fa 0 <.J
srGN:.l""C'4
"DATI:ITIME
WEATHERfTEMPERATURE:
D RUSH STATUSc1NmALACCEFTANcE
BY:
PAINT;
----
- ADDITIONAL LABORATORY FEES MAY APPLY...
EXTENT OF LIABILITY
SIGN
*DA'WTIME
PWS#~~~~~~~~~.._~
:~=~~c~~AB~~~fe~r!:~w"i1't~e~0o~,~~A~~:i~ ~G;'.: ~~~';'~1:: :~=~~a:i~ =~~
*RECEIVED BY:
. 'REUNQUIStfEDBY:
PRINT:
DATE:
: PAINT:
i ~.:~I~~~: ~~~~;:~Ji.iri: ~~~..~~~~E~=s~':t~~1;?~~ SE LIABLE FOR DAMAGES INCLUOING BUT NOT LIMITED TD
SIGN:
TIME:
' SIGN;
, NarE:
L*COURIER;
JRAt::Kll\IG#:
DATE;
>TIME:
'OA'femME
'
. '
----
1. .
- -
.;..,,..;;t--v T SIGN;
_;,;S; .
i:S"t.:;:' ...
TYPICAL SAMPLE TUAN AROullll FOR .R<lUTINE. SAMPLES IS S TO 10 WORl<lNG DAYS. THIS IN NOT A GUARANreE THilT SAMPLE5 WILL BE
COMPLETED IN THIS TIME FRAME, HOWEVER. NON-llOl111NE SAMPLES MAY REQUllE ADDmONAI. Tll.IE.
jl
~~==
.~-
""""""~
"-------
f ()Iii Ul\11'1 I 11 /I Ill U I I \ 1
;,QRIGJNALCHAJNOFCUSTDDYDOCUl.IENTMUSTBEExECllTEDININK
WHITE LABOMrORY
veu.ow - CLIENT
..
RELIANCE LABORATORIES, INC.

ENVIRONMENTAL ANALYSTS AND CONSULTANTS
BRIDGEPORT, WV
'
'"
MARTINSBURG, WV
www.Reliancelabs.net
Cerlif1eat1ons: WV Department of Health #: 00354, 00433 I WV Department of Environmental Protection #: 1ss, 181
MD Department of Envlr~nment #: ~36,. 33?1 US Environmen~I P(l)teclio'n Agency#: WV00042, WV00901
.
I
Monday, Septemb~rlS, 2014

SfilnmitEnvrronmenial
3310 Win,Street
Cuyahoga Falls, OH 44223
Please anal~e the following.samplci(s) for: TCLP Semi-:Volatiles
Please id.enti~ as;

218683-2014-Sl
Sample Ip: 501-00001
9/12/2014 10:10
Sampled by: B.Plemons
PL~ASE SEND RESULT.S & INVOICE TO:

.. RELIANCE LAaORAToRIEs, INC.
ATT'Ni TENLEY.MILLER
. P.O. :aox 4657

BRIDGEPORT, WV 26330
tmiller@wvdsl.net
PLE~S)!ExECUTE THE ENCLOSED C:aAIN OF CUSTODYRECORD AND RETURN WITH
1~stJLts:
'TIW'1K tou.
-r ciP e'JCfta.l-h.if~ pu-br~ o/:i3~P I 'f
2044 MEADOWBROOK ROAD
I P.O. BOX 4657 I BRIDGEPORT, WV 2~330 I VOICE: 304-842-5285 I FAX: 304-842-5351
R1oaeF1ELo eus1NEss cENTER 125 qR1MsoN ciRcLe rMARr1NseuRa, wv 25403 1vo1cE: 304.ses-2084 I-FAX: 304.59e-2oaa
Page 6 of 7
GP1553
' '
Rev. 12
'
Date: 07127/13

Cooler Receipt Form
Initials of person inspecting cooler and samples:
e-...">"'l....l~~
....~-~-c-.---_.- - -
Client...............
,12-
..,.
....
Date Received:
9..,,.35~1'-l
Time Received:
Order Number:_ _ _ _ _ _ _ _ _ _ _ _ __
./oJI"
Number of Coolers/Boxes:
Shipper~
UPS
8 C..
Date cooler(s) opened and samples inspected:
Q.f)tf~lff
N/A
DHL
Airborne
US Postal
Walk-in
Pickup
Foam
Packaging:
Tape on cooler/box:
None
Other:._ _ _ _ _ __
Custody Seals intact
N/A
C-0-Clnp~
NIA
lce_
.. ..,..r_B
Blluuee ice _ _ __
Sample Temperature IR Gun #16020459 CF
Other: _ _ _ _ _ _ __
~absent I melted
.0 ...o
.s__c
c --~-]-
N/A
NIA
Radiological Testing Instrument serial #35127

Y
N
NIA
(see page 2 for scan results)
**Use 1 sheet per sample for Radiological Testing. If sample Is HOT, the Radiological Safety Officer must be notified
Immediately.
C(Q~ fiU~ QL!~ groperly
NIA
Samples in separate bags
NIA
"sample containers Intact"
NfA
*If no, list broken sample{s):._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
~
~
Sample label(s) complete (ID, date, etc.)

label(s) agree with C-0-C
Correct containers used
NIA
NIA
NIA
q=-
N/A
N/A
Sufficient sample received

Bubbles absent from 40 ml vials-
**Samples with bubbles <Smm are acceptable. Indicate bubble size if >6mm. - - - - - - - Was client contacted about samples
Will client send new samples
Client contact: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date/Time:._ _ _ _ _ _ _ _ _ _ _ _~----~~
Logged in by:. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
G:\QC SHARED\Document Control Templates -Tracklng\Cooler receipt fOrm Rev. 12 07-27-13.doc
Page 1 of 2
Page 7 of 7
GP1554
-!.~:
To:
Cc:
Subject:
Attachments:

TENORM MATERIALS IN KENTUCKY LANDFILLS TIMEUNE.docx
OK, I have attached my summary to this email. Please make any corrections necessary.,
Robin C. Green
Solid Waste Branch
Division of Waste 11anagement
200 Fair Oaks Lane
Frankfort, Ky 40601
(502) 564-6716 ext 4673
A.a: Green, Robin C (EEC)
~ject: RE: TENORM fact sheet

Robin;
George

George,
eenks,
Robin C. Green
1
GP1555
Solid Waste Branch

Division of Waste I\1anagement
200 Fair Oaks Lane
Frankfort, Ky 40601
(502) 564-6716 ext 4673
To: P_artridge, George (EEC)
George:
Robin is putting together a fact sheet for what has transpired at blueridge LF and Green Valley. Facts, time lines, data,
Regards,

Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492
GP1556
Subject:
Attachments:

Partridge, George (EEC); Pendergrass, .Curt (CHFS DPH)
Sludge Disposal Plan_Approval Email-7-21-2015.pdf; Sludge_Profile_105835WV_SWPU
Gentlemen,
1.
Each box can hold up to 25 yards. Length 20', Height 6' and Width 8'. Empty Weight is 9,000 lbs.
2.
Still trying to track this information down.

3.
a..er Fairmont Brine Processing's (FBP) Sludge Disposal Plan (Please see attached) was accepted and approved by Jason
. . . .me, Chief Radiological Health Program at the Office of Environmental Health Services/Radiation, Toxics and Indoor
Air Division, Advanced TENO RM Services picked up 865.33 tons of material.
4.
When soluble barium is converted to insoluble barium sulfate, it's toxic nature becomes so benign that it is used by
x-ray or CT scan.
~hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As published by the
W-lear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA), both readings are lower
than the dose of drinking several glasses of beer per hour (0.07 mR per beer), and slightly lower than consuming one
1
GP1557
dewatering boxes. After some dewatering period on-site, the boxes were received by Advanced TENORM Services for
dewatering and solidification, as appropriate to pass paint filter test, and then landfilled. Based on FBP's understanding~
of the dewatering process and solidification process, the extremely low levels of naturally occurring radioactive
5.
of the landfill?
Environmental Protection's (WVDEP} Director, Scott Mandirola. Please see the attached analysis that was conducted on
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contents (including.

Cc: Kalt, Brian
Curt;
George Partridge
KDWM

Hello Mr. Kalt,
2
GP1558
~ 211.862 Definitions for KRS 211.861 to 211.869. http://www.lrc.kv.gov/statutes/statute.aspx?id=8501
:'Naturally-occurring radioactive material" (NORM) means naturally occurring materials not regulated
(301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.O.R.M., which has
KRS 211.863 Control of comrierce of low-level radioactive waste in and out of Kentucky
-- Prohibitions -- Exemption. http://www.lrc.ky.govfstatutes/statute.aspx?id=8502
Kentucky, if the imports or disposal are inconsistent with polices ofthe commission.
KRS 211.869 Penalties. http://www.lrc.ky.gov/statutesfstatute.aspx?id=8505
Any person who fails to comply with any provision of KRS 211.859 or 211.863, or with any administrative
,ulations promulgated pursuant to KRS 211.859 or 211.865, or fails to comply with any order of the cabinet
8-i
Central Midwest Interstate low-level Radioactive Waste Commission Regional Management

__Disposal of TENORM Waste at Facilities in the Region other than the Regional llRW Disposal
Facility
_The public health and safety hazard presented by TEN ORM waste is a function of the
Regards,
East Main Street
. .!stop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
3
GP1559
Fax:502-564-1492
m. ~.
1.~R
v..en.
IV~"ffl>it~i!/M~rM"?JlJ:JJATJONtbl-ll::AtTH

To: Kalt, Brian
Cc: Partridge, George (EEC); Pendergrass, Curt (CHFS DPH); Maybriar, Jor:i (EEC)

Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian
GP1560
-----
--
--------
..

Hello Brad;
contact shared that TENORM waste was also being shipped from WV as well and referred us to Jason

follows:
1.
2.
3.
4.
5.

without a written request from KDEP. I am also glad you contacted me today and we got a chance to
GP1561
Thank you,
George
(jeorge P. Partricfee Jr., Pfi1J, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image001.gif>
..
6
GP1562
lorn:
Sent:
To:
Cc:
Subject:
Attachments:

RE: Key Email Correspondence from WV
Email Correspondence - DEP-DWM-02_29_16.pdf
Jamie;
Please find attached the scanned email correspondence you reviewed with me.
Please place it in TEMP0360.
Thank you,
George
<george P. PartrUfee Jr.

Frankfort, KY 40601
564-6716 ext. 4651
-2)
GP1563
To:
Cc:
Subject:
Attachments:

Kalt, Brian, President (BKalt@fairmontbrine.com)
Partridge, George (EEC); McKinley, Matthew W (CHS-PH)
FW: Phone Call on February 26, 2016
Sludge Disposal Plan_Approval Email_7-21-2015.pdf; Sludge_Profile_l05835WV_SWPU
Thank you Mr. Kalt for sending along the attached documentation and especially the results of the sludge analysis.
Unfortunately, looking through the analysis results from both Reliance Laboratories and the Summit Environmental
Technologies Laboratories I don't see where any radiochemical analysis on any of this material was performed which is
what we were really hoping to find. Something that actually put a number to the actual pCi/g for Ra-226 and Ra-228
from a certified referenced lab would be great to have. Would you mind reaching out to these two companies and
inquiring as to whether or not they retained the samples from last fall and if so, if our office could acquire a portion for
radiochemical analysis by our Environmental Monitoring Laboratory? We would be more than happy to come pick up
the samples if they are available.
Also, thank you for the information on the radiological surveys of this sludge material. Can you give me a little more
information on what type of survey instrument you were using when you took the surveys referenced below (make,
model, calibration date). If you took a background with this instrument, what did it read? You indicated you took your
readings 1 foot from the sludge. Is that 1 foot from the sludge samples before you sent them to Reliance and Summit or
1 foot from the sludge boxes or 1 foot from the sludge pit?
' -
In the second half of 2015, FBP's sludge had exhibited very, very low levels of naturally occurring radioactive
material above background. The average reading of all samples (1 foot from the sludge) was only 0.2267 R/hr
(0.0002267 mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As
published by the Nuclear Regulatory Commission (NRC) and United States Environment Protedion Agency (EPA),
both readings are lower than the dose of drinking several glasses of beer per hour (0.07 mR per beer), and
slightly lower than consuming one banana (0.009863 mR per banana).
Thanks again for your cooperation and assistance in this matter.
Regards,

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
your fees on line at https:ljprd.chfs.ky.gov/rad epay/
. .otified of proposed regulation changes https:ljsecure.kentucky.gov/Regwatch/
GP1564
Vou/U~
IVif;l.;.-,.,,.
...,
P~l.t\TiONAH~1t.'tH

Gentlemen,
1.
2.

3.
After Fairmont Brine Processing's (FBP) Sludge Disposal Plan (Please see attached) "'."as accepted and approved by Jason
Frame, Chief Radiological Health Program at the Office of Environmental Health Services/Radiation, Toxics and Indoor
Air Division, Advanced TENORM Services picked up 865.33 tons of material.
4.
x-ray or CT scan.
mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As published by the
Nuclear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA), both readings are lower
dewatering boxes. After some dewatering period on-site, the boxes were received by Advanced TE NORM Services for
2
GP1565
--------
--
----
dewatering and solidification, as appropriate to pass paint filter test, and then landfilled. Based on FBP's understanding
,terials were to be eliminated.

5.
of the landfill?
Kind Regards,
Brian Kalt
President
412-680-6244
- e t e and destroy the message.
From: Partridge, George (EEC) (mailto:George.Partridge@ky.gov]

Cc: Kalt, Brian
Curt;
Thank you for responding to Mr. Ka It's question.
George Partridge
KDWM

Hello Mr. Kalt,
lromised, below the applicable Kentucky Regulatory Statutes dealing with TENORM.

3
GP1566
radioactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is . . .
A..
{10) "Region" means the geographical area of the state of Illinois and the Commonwealth of Kentucky;
(301) ''Technically Enhanced Naturally Occurring Radioactive Material ''TENORl\/I'' rneans N.O.R.M., which has
regulatory responsibility ofthe states, except that no person shall import naturally occurring radioactive
thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). Each day ofthe violatio.
__Disposal of TE NORM Waste at Facilities in the Region other than the Regional llRW Disposal
Facility
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
GP1567
'
-------------
----

e o--f--u_ _ 11!'an-~ed sources http://www.crcpd.org/StateServices/SCATR.aspx

-R
-""'""""'
_,
f'A!:Jl.lrr101-~:&HJZJ!,LTH

To: Kalt, Brian
Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244
To: Kalt, Brian

Hello Brad;
5
GP1568
contacCs.hgrec! that TENQRM ~~s!e \f\l<:JS also l:Jeing shipped froll} WV as well and referr~q us to Jason
Frame. Jason/Frame informed us about the waste stream from FBP.

follows:
2. Who manufactured the shipping cohtainers?
3. What was the tot.al quantity of waste shipped in the 47 shipments that were received by Blue
Ridge Landfill between July and November of 20157
GP1569
Thank you,
George
(ieorge P. Partridge Jr., PfiV, P."E., Q'EP

Frankfort, KY 40601
{502) 564-6716 ext. 4651
<imageOOl.gif>
GP1570
elm:
Sent:
To:
Cc:
Subject:

'Kalt, Brian'
Mr. Kalt;
Thank you for responding to my questions and the documents you provided us.
Sincerely,
George Partridge
KDWM

Gentlemen,
ase see the responses in green to your questions below.
1.
2.

3.
After Fairmont Brine Processing's (FBP) Sludge Disposal Plan (Please see attached) was accepted and approved by Jason
4.
n determined to be non-hazardous.
GP1571
x-ray or CT scan.
-.
..
In the sernad half pf W15, Er:JP'.~ sJydge had exhibited very, very low levels of naturally occ.urrirg rac:Jioa.~!iye m.a!erial
5.
of the landfill?
Environmental Protection's (WVDEP) Director, Scott Mandirola. Please see the attached analysis that was conducted
If anything else is needed,
plea~e
o~.
..
let us know.
Kind Regards,
Brian Kalt
President
412-680-6244

Cc: Kalt, Brian
2
GP1572
Curt;
, n k you for responding to Mr. Kalt's question.
George Partridge
KDWM

Hello Mr. Kalt,

'
KAR 100:010. Definitions for 902 KAR Chapter 100. http://www.lrc.state.ky.us/kar/902/100/010.htm


Mgmt Plan.pdf)
. .__
,.Disposal of TENORM Waste at Facilities in the Region other than the Regional LLRW Disposal
Facility
a.A, Adopted May 1999 (http://www.cmcompact.org/publications/Regional
GP1573
----------
Regards,
supervisor, Radioactive Materials Section
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Kfb..t1ii:1ir~
~,,,,.~_:!/
f'...'li~IAT1fil'~~H!V\LTH

To: Kalt, Brian

Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
4
GP1574
President
412-680-6244

To: Kalt, Brian

Hello Brad;
Was the waste solidified prior to being sent to the landfill .

follows:
5
GP1575

Thank youagain for returni11g rnY callyesterday even though you were not able to ~ddre~s my questions
Thank you,
George
(jeorge P. Partridjje Jr., Pfi:D, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image001.gif>
GP1576
elm:
Sent:
To:
Subject:

Monday,.February 29, 2016 4:32 PM
Curt;
Thank you for copying me on correspondence.
George

To: Kalt, Brian, President (BKalt@fairmontbrine.com)
Cc: Partridge, George (EEC); McKinley, Matthew W (CHS-PH)
Subject: FW: Phone Call on February 26, 2016
Ai.iuiring as to whether or not they retained the samples from last fall and if so, if our office could acquire a portion for
. .iochemical analysis by our Environmental Monitoring Laboratory? We would be more than happy to come pick up
published by the Nuclear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA),
Regards,

aervisor, Radioactive Materials Section
ucky Radiation Health Branch
Mailstop HS1C-A
1
GP1577
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
~..~
'?7it;[!G~~~"i~I .
Gentlemen,

2.

3.
4.
x-ray or CT scan.
radium with barium, FBP monitors the sludge with. a handheld detector. In 2014 and early 2015, FBP's sludge had no
levels of naturally occurring radioactive materials above background. This sludge is similar in nature to sludge generat.
GP1578
....-/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As published by the
~clear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA), both readings are lower
dewatering and solidification, as appropriate to pass paint filter test; and then landfilled. Based on FBP's understanding
5.
of the landfill?
Kind Regards,
Brian Kalt
Aa:sident
,,.rmont Brine Processing, LLC
412-680-6244
----------
"-------------

Cc: Kalt, Brian
Curt;
George Partridge

3
GP1579

Hello Mr. Kalt,
As promised; below the applicable Kentucky Regulatory Statutes dealing with TENORM.
KRS 211.862 Definitions for KRS 211.861 to 211.869. http:l/www.lrc.ky.gov/statutes/statute.aspx?id=8501
(BJ "Nat_ur9l_ly-occurrir~~ ~adioactive material" (NORM) means naturally_occurring rnat~rials not regul~'!t~d
-- Prohibitions -- Exemption. http:ljwww.lrc.ky.gov/statutes/statute.aspx?id=8502
...
KRS 211.869 Penalties. http://www.lrc.ky.gov/statutes/statute.aspx?id=8SOS

Plan, Adopted May 1999 (http:ljwww.cmcompact.org/publications/Regional Mgmt Plan.pdf)
__Disposal of TENO RM Waste at Facilities in the Region other than the Regional LLRW Disposal
Facility
Regards,
4
GP1580

East Main Street
ilstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http :Uwww.chfs.ky.govId ph/rad ioactive. htm
~
l(rpJM~gR
.,.,it~"."
... ~"If"'''.'~ A.:. .,_,;..,,1 '\l<.u.
f<ilr'l;iHoi"'H ;;.(llh~ni:rt.t.i; n

To: Kalt, Brian
Mr Kalt:
A.inks,
Anderson
~ny

Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244
GP1581

To: Kalt, Brian
Hello Brad;
0
I appreciated you calllng today ana-the opportunity for us to tall< just wanted to briefly highlight: the

Kentucky does not regulate TENORM7

follows:

2.
3.
4.
5.

GP1582
I~
Thank you,
George
<george P. Partrit:fae Jr., PfiV, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
GP1583
-rom:
Sent:
To:
Subject:
Attachments:

TENORM MATERIALS IN KENTUCKY LANDFILLS TIMELINE (2) - GP.docx
Robin;
Attached is your document with a couple of minor additions for your consideration.
Thank you,
George

,

Cc: Nielsen, Jamie (EEC)
OK, I have attached my summary to this email. Please make any corrections necessary.
~obin
C. Green
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, Ky 40601
(502) 564-6716 ext 4673

To: Green, Robin C (EEC)

Robin;
George
GP1584

George,
if you think it would be better for you to review your information and email a revised timeline .back
Thanks,
Ro bin C. Green
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, Ky 40601
(502) 564-6716 ext 4673
George:
Regards,

Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492
GP1585
f#._om:
Sent:
To:
Subject:

RE: Swipe ssamples
AJ,
It was a pleasure to meet you Saturday and I appreciated so much all that you and Chris did in Irvine, KY to help us
understand the situation better.
Unless something changes unexpectedly regarding my schedule, I plan to work on the documentation for Saturday's site
visit and get that to you tomorrow.
Thanks again for all your help,
George
From: Bhattacharyya, Anjan
Sent:

Subject: Swipe ssamples
Aw,pod morning George:
~supervisor Curt Pendergrass is requesting any documentation that would accompany the swipe samples we took on
Best Regards
AJ
Frankfort, KY 40601
Ph: 502-564-3700 x4171
FAX: 502-564-1492
https://prd.chfs.ky.gov/Rad ePay/
GP1586
: f/lom:
Sent:
To:
Cc:
Subject:
Attachments:

Partridge, George (EEC); Nielsen, Jamie (EEC)
FW: TENORM fact sheet
TENORM MATERIALS IN KENTUCKY LANDFILLS TIMELINE.docx
Danny,
I made George's suggested change as well as your and Jamie's changes.
Ro bin C. Green
Solid Waste Branch
Division of Waste 11anagement
200 Fair Oaks Lane
Frankfort, Ky 40601
(502) 564-6716 ext 4673
Robin;
Thank you,
George

~inC.Green
~vironmental Scientist
Solid Waste Branch
1
GP1587

200 Fair Oaks Lane
Frankfort, Ky 40601
(502) 564-6716 ext 4673


Robin;
George


George,
Here is what I have put together as a start. I'd be happy to sit with you and compile more items, or ..A
if you think it would be better for you to review your information and email a revised timeline back.9"
Thanks,
Ro bin C. Green
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, Ky 40601
(502) 564-6716 ext 4673


George:
Robin is putting together a fact sheet for what has transpired at blueridge LF and Green Valley. Facts, time lines, data,
CHFS involvement, etc. Please be available today at her request to assist her on this effort. This has been requested f r o .
GP1588
"'-egards,
Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492
GP1589
.rom:
Sent:
To:
Cc:
Subject:
Attachments:

Sludge Disposal Plan_Approval Email-7-21-2015.pdf; Sludge_Profile_105835WV_SWPU
Email received from Mr. Kalt.

Gentlemen,
1.
'
2.

3.
4.
capture barium, a toxic constituent in some brines, as barium sulfate and to.capture radium, as radium sulfate, to form
x-ray or CT scan .
. .'s sludge has been fairly consistent since operations began in 2013. Because of the possible co-precipitation of
GP1590
-----
--------------
- - -
--
5.
Is there ar:ialytical data on the waste available to help us understand the impact that will have on management
of the landfill?
Kind Regards,
Brian Kalt
President
412-680-6244

Cc: Kalt, Brian
Curt;

George Partridge
KDWM
2
GP1591

~:Anderson, Danny J (EEC); Kalt, Brian
~nt:
Hello Mr. Kalt,

KRS 211.862 Definitions for KRS 211.. 861 to 211.869. http://www.lrc.ky.gov/statutes/statute.aspx?id=8501

been separated to various degrees from the original ore or other material, refining or implementing it .
.:...~ 211.863 Control of comm.erce of low-level. radioactive waste in and out of Kentucky
...... rohibitions -- Exemption. http://www.lrc.ky.gov/statutes/statute.aspx?id=8502

thousand dollars ($10,000} nor more than one hundred thousand dollars ($100,000}. Each day of the violation
Facility
~quire an analysis of the public health and safety concerns for any proposed waste management
WWivities whether it be disposal in place, disposal in a sanitary landfill, disposal in a licensed TENORM
GP1592
Regards,

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
- ___ Fax: 502-564.-:.1492 __
Website: http://www.chfs.ky.gov Id ph/rad ioactive. htm
Pay your fees on line at https:l/prd.chfs.ky.gov/rad epay/
Kr!!!~
t'Jl.DlATlOit~~Jl~\lTH

To: Kalt, Brian

Mr Kalt:
Family Services {CHFS).
.A
9"
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244
--------------------.. - - - - - - - - - - - The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its
4
GP1593
------------------------
--------

To: Kalt, Brian
Hello Brad;
contact shared that TE NORM waste was also being shipped from WV as well and referred us to Jason

we can address the questions that are beirig presented to our Division by the press and public. The key
follows:

5
GP1594
5.
gy~stJQns I h(!v~ or inf()rrnC!tiQD ln~~d_will be directed to your attention tbr9ugh fQfrn?l
Thank you,
George
{ieorge P. Partridjje Jr Pfi'D, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
GP1595
Aa,m
..,.nt:
To:
Cc:
Subject:
Attachments:

Sludge Disposal Plan_Approval Email_7-21-2015.pdf; Sludge_Profile_105835WV_SWPU
ID_14-10-130_12-2-2014.pdf; Sludge_SOl -00001_9-12-2014.pdf
Email received from Curt Pendergrass.

To: Kalt, Brian, President (BKalt@fairmontbrine.com)
samples if they are available.

Regards,

jii East Main Street
Wlstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
1
GP1596
Fax: 502-564-1492
From:
[ mailto: BKalf@fairmontbrine.com]
Gentlemen,

2.

3.
4.
x-ray or CT scan.
In the second half of 2015, FBP's sludge had exhibited very, very low levels of naturally occurring radioactive material -
2
GP1597
-rrently, FBP does not physically dewater the sludge on-site. The sludge is removed via pump into standard
5.
of the landfill?
Kind Regards,
Brian Kalt
President
.412-680-6244
~hi=~~;;;ddressed. cont~ud;;
trmation contained in
Its

Cc: Kalt, Brian
Curt;
George Partridge
KDWM


3
GP1598
Hello Mr. Kalt,

radioactivity of rocks er soils; or,background radiation, but instead refers to materials whose radioactivity is technologically enhanced by controllable practices (or by past human practices);
KRS 211.869 Penalties. http://www. Ire. ky.govI statutes/ statute.aspx?id=8505

Facility
_The public health and safety hazard presented by TENORM waste is a function of the
Regards,
..

4
GP1599
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
502-564-1492
~mail: curt.pendergrass@ky.gov
Dispose of u~!'anted sources http://www.crcpd.org/StateServices/SCATR.aspx
a.:
Ynnflii:J(/ff.":;,,
IW:,~~-...Y
rw.tJlA'flDl'~&.Htl:JJ.rH
To:
Kalt, Brian
Mr Kalt:
Thanks,
Danny Anderson
Feb 27, 2016, at 12:59 PM, Kalt, Brian <BKalt@fairmontbrine.com> wrote:
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244
GP1600
To: Kalt, Brian

Hello Brad;
I

follows:

6
GP1601
to address the questions we are receiving regarding the waste and how it was managed .
Thank you,
George
(jeorge P. PartrUJBe Jr., PfiV, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image001.gif>
I
I
e
7
GP1602
m
. .nt:
To:
Subject:

Robin;
Thank you,
George

Cc: Partridge, George (EEC); Nielsen, Jamie (EEC)
Subject: FW: TENORM fact sheet
Danny,
I made George's suggested change as well as your and Jamie's changes .
_..i.obin C. Green
wironmental Scientist
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, Ky 40601
(502) 564-6716 ext 4673

Robin;
Thank you,
George
GP1603
Robin C. Green
Solid Waste Branch
Division ofWasteManagement ~
200 Fair Oaks Lane
Frankfort, Ky 40601
(502) 564-6716 ext 4673

Robin;
George

George,
Thanks,
Ro bin C. Green
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, Ky 40601
(502) 564-6716 ext 4673
GP1604

: Green, Robin C (EEC); Briggs, Lindsey (EEC)
bject: TENORM fact sheet
George:
Regards,
Danny' Anderson, P.E.

Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492
GP1605

m
. .nt:
To:
Subject:
Tuesday, March 01, 2016 7:48 AM
RE: Swipe ssamples
Thank you, glad we could be of assistance.

Regards
AJ

To: Bhattacharyya, Anjan
Subject: RE: Swipe ssamples
AJ;
It was a pleasure to meet you Saturday and I appreciated so much all that you and Chris did in Irvine, KY to help us
understand the situation better.
Unless something changes unexpectedly regarding my schedule, I plan to work on the documentation for Saturday's site
visit and get that to you tomorrow .
hanks again for all your help,

9orge


Good morning George:
Best Regards
AJ

Frankfort, KY 40601
502-564-3700 x4171
: 502-564-1492
1
GP1606
copying ofthis communication is strictly prohibited. If you have received this communication in error, please contact
GP1607
8aom
~~t:
To:
Subject:

Blue ridge LF
George:
I thought you might find this interesting. The below graybar in tempo contains documents/application from when the LF
tried to permit the Martha oil waste.
Al998
APE19960003
Regards,
Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492
GP1608
8a,m
~nt:
To:
Subject:
Attachments:

Partridge, George (EEC); Anderson, Danny J (EEC); Nielsen, Jamie (EEC)
TENORM MATERIALS IN KENTUCKY LANDFILLS TIMELINE 3-1-2016
TENORM MATERIALS IN KENTUCKY LANDFILLS TIMELINE 3-1-2016.docx
All,
George received additional information last night about events of July 21, 2015. He and I have
made some additions to the timeline based on this information. New version is attached.
Thanks,
Robin
I. .
1
GP1609
-----------------
TENORM MATERIALS IN KENTUCKY LANDFILLS - Tl MELINE

1.
July 16, 2015 - Fairmont Brine sent a letter to West Virginia's Office of Environmental Health
(WVOEH) notifying WVOEH of their intent to send their waste stream to Advanced TENORM for
processing and then disposal at a Kentucky landfill.
2.
July 21, 2015 - Staff at WVOEH contact staff of Kentucky's Cabinet for Health and Family
Services (CHFS), Radiation Health Branch (RHB) about the proposed disposal of TENO RM in a
Kentucky class D landfill. At 1:19 pm, staff of RHB emailed WVOEM restating an earlier
conversation that there were currently no regulations in Kentucky regarding TENO RM and that
each landfill may have their own limits for the acceptance of radiation levels.
3.
July 21, 2015 - At 3:02 pm, staff of WVOEM notified Fairmont Brine that their disposal plan was
approved and that Fairmont Brine was required to submit manifest and chain of custody
information for all loads.
4.
July 21, 2015 - At 9:45 pm, a different staff member of RHB contacted WVOEM stating that due
to the Compact between Kentucky and Illinois, radioactive materials from WV could not be
brought to Kentucky for disposal, but also deferred to staff of the Division of Waste
Management, Solid Waste Branch (SWB) regarding disposal of hazardous NORM or TENO RM
materials at Kentucky landfills. In addition to the DWM Hazardous Waste Branch staff who were
notified, a SWB staff member was intended to be copied on the email from RHB, but the staff
member's name was typed incorrectly.
5 . July 24, 2015 through November 16, 2015- Illegal dumping of TE NORM materials in Kentucky
occurred at Blue Ridge Landfill.
6. January 13, 2016 -A consultant contacted a SWB staff member with an allegation of illegal
disposal of TENO RM in Kentucky.
7. January 18, 2016- The consultant notified a SWB staff member that WVOEH staff had been
notified of the allegations as well.
8. January 19, 2016-WVOEH staff emailed RHB staff stating that no response to the July 21, 2015
email had ever been sent by the SWB.
9. January 28, 2016 -SWB staff contacted WVOEH about the consultant's allegation. WVOEH staff
member copied email from July 21, 2015 to SWB staff member. SWB staff member sees email
intended for him, but incorrectly addressed.
10. February 22, 2016- Division of Waste Management (DWM) sent a notice to solid and special
waste facilities owner and operators notifying them of the issue and the applicable statues and
regulations.
11. February 26, 2016 - DWM employees met with representatives of Blue Ridge Landfill to obtain
additional information about waste shipments and disposal procedures.
12. February 27, 2016 - DWM and CHFS employees conducted radiation surveys at nearby school.
13. February 28, 2016- Estill County hires Eco-Tech to perform additional radiation surveys.
GP1610
...,m
~nt:.
To:
Subject:

RE: Blue ridge LF
Danny;
Thank you for sharing this! I look forward to reviewing the documents.
Thanks again for all you are doing regarding the Blue Ridge Landfill and Irvine, KY.
I wish you and the others in our Division the best as you proceed with the meetings today.
I am grateful to you all!
Thanks again,
George

Sent: Tuesday, March 01, 2016 9:09 AM
Subject: Blue ridge LF
9orge:
I thought you might find this interesting. The below graybar in tempo contains documents/application from when the LF
tried to permit the Martha oil waste.
Al998
APE19960003
Regards,

Frankfort, KY 40601
Office: 502.564.6716 ext. 4664
Fax: 502.564.3492
GP1611
~m
.,.nt:
To:
Subject:

Maybriar, Jon (EEC)
Accepted: Blue Ridge Landfill Overview
GP1612
8a,m:
~:
Sent:
Subject:
Hatton, Tony (EEC)

Your message
To: Hatton, Tony (EEC)
Subject: RE: Site Survey and Sampling - Irvine, KY - Saturday, Februray 27th
was read on Tuesday, March 01, 2016 9:43:04 AM (UTC-05:00) Eastern Time (US & Canada) .
GP1613
"'-rom:
To:
Sent:
Subject:
Hatton, Tony (EEC)

Read: RE: Photos from Site Visit to Advanced TENORM Services
Your message
Subject: RE: Photos from Site Visit to Advanced TENORM Services
Sent: Thursday, February 25, 2016 11 :55:30 AM (UTC-05:00) Eastern Time (US & Canada)
was read on Tuesday, March 01, 2016 9:43:09 AM (UTC-05:00) Eastern Time (US & Canada).
GP1614
- - - ------------
tt#,,rom:
Sent:
To:
Cc:
Subject:
Attachments:

Tuesday, March 01, 2016 3:39 PM
Partridge, George (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Maybriar, Jon
(EEC); Green, Robin C (EEC)
Litchfield, Arline (EEC); Aldridge, Tabitha (EEC); Melton, Ken (EEC); Razavi, Mohammad
(EEC)
Blue Ridge Surface Water Runoff
Blue Ridge Drainage.JPG; Blue Ridge Drainage 2.JPG
See attached photos from Google Earth. This is runoff from Blue Ridge.
We need to investigate the discolored water. There could be leachate impacts to surface water, and the surface water
could be a pathway for both dissolved and particulate constituents.

Geologist
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716 ext. 4653
GP1615
~rom:
.-;~nt:
To:
Cc:
Subject:

Partridge, George (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Maybriar, Jon
(EEC); Green, Robin C (EEC)
Litchfield, Arline (EEC); Aldridge, Tabitha (EEC); Melton, Ken (EEC); Razavi, Mohammad
(EEC)
RE: Blue Ridge Surface Water Runoff
Please note that prior to 6-20-12, the drainage was not red.
Were this naturally-occurring geologically-derived iron, it would probably not have started in 2012.
Sent: Tuesday, March 01, 2016 3:39 PM

To: Partridge, George (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Maybriar, Jon (EEC); Green, Robin C (EEC)
Cc: Litchfield, Arline (EEC); Aldridge, Tabitha (EEC); Melton, Ken (EEC); Razavi, Mohammad (EEC)
Subject: Blue Ridge Surface Water Runoff

I,,
Geologist
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716 ext. 4653
GP1616
- - - - - - -
Subject:
--------

Dr. Pendergrass,
Please note, for clarity, the values provided previously were numbers calculated above background. In
radiographic inspection, the radiation spreads out as it travels away from the source. Therefore, the intensity
of the radiation follows Newton's Inverse Square Law. This law accounts for the fact that the intensity of
radiation becomes weaker as it spreads out from the source since the same about of radiation becomes
spread over a larger area. The intensity is inversely proportional to the distance from the source.
In industrial radiography, the intensity at one distance is typically known and it is necessary to calculate the
intensity at a second distance. Therefore, the equation takes on the form of:
Ii
D2
I2
D2
'ordingly, we calculated our maximum dose (measured at 2 mR/hr at sludge contact) as follows:
Radiation Dose Rate and Dose Examples:
With a known dose rate reading at a given distance from the source (at contact, say 0.25", or 0.0208 feet), the fixed law
called the Newtown Inverse Square Law is applied to determine the dose rate at any other distance. Note: 1 mrem =
1000 rem.
Radiation dose= (Dose Rate, mrem/hr)*(Distance of the known dose rate, in feet)"2
(Distance where you want to calculate the dose rate, ft)"2
Examples: (Distance from source)
Based on the highest recorded Source reading: 2 mrem/hr @ contact (assumed 0.25" from source)
If you were standing on the sludge for one hour, the dose would be 2mrem
If you were standing 1 ft from the source for one hour, the dose would be:
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away)"2
iu
= 0.000866 mrem, or 0.866 rem
were standing 2 ft from the source for one hour, the dose would be:
Dose= (2 mrem/hr)*(0.0208ft)"2
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
GP1617
Note, at this distance, the reading would not be measured above background, as the detection equipment is not
sensitive enough.
If you were standing 10 ft away from the source for one hour, the dose would be:
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
Examples: (Time exposed to source)
Source reading: 2 mrem/hr@ contact (assumed 0.25" from source)
If you were standing on the source for 5 minutes (.083 hours), the dose would be 0.166 mrem.
If you were standing 1 ft from the source for 5 minutes (0.083 hrs), the dose would be:
Dose= (2 mrem/hr)*(0.083 hrs) * (0.0208 ft)"2
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian
Subject: FW: Phone call on February 26, 2016
2
GP1618
~ormation on what type of survey instrument you were using when you took the surveys referenced below (make,
F-~del, calibration date). If you took a background with this instrument, what did it read? You indicated you took your
(0.0002267 mR/hr). The highes_t reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As
Regards,

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax:502-564-1492
A...mail: curt.pendergrass@ky.gov
~bsite: http://www.chfs.ky.gov/dph/radioactive.htm
Dispose of un~~nted sources http://www.crcpd.org/StateServices/SCATR.aspx
Nz:t

Gentlemen,
2.
trying to track this information down.
GP1619
3.
4.
HW us~s ,sQdh!msuJf9Je, ;;i :mhible c;;ompQynd wh95g predorninci.nt use is .iD thg ma nufci~turn of po1N_der~cl s()aps1 t(J.
x-ray or CT scan.
Nuclear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA), both readings are lower~
5.
of the landfill?
Kind Regards,
Brian Kalt
President
412-680-6244
4
GP1620
information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contents (including

Cc: Kalt, Brian
Curt;
George Partridge
KDWM

~bject: RE: Phone Call on February 26, 2016
, l l o Mr. Kalt,

{10) "Region" means the geographical area of the state of Illinois and the Commonwealth of Kentucky;
-Naturally-occurring radioactive material (NORM) as defined in KRS 211.862(8) shall be the exclusive
GP1621
KRS 211.869 Penalties. http://www.lrc.ky.gov/statutes/statute.aspx?id=SSOS
or non<:Q.~RliCll')Ce shall constitute a separate off~.n~e ..
Facility
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564~1492
.. ;
.~
Keo!l!J
rAtflfo.TlO'f~."""",,,.,,.r.,... n

To: Kalt, Brian
Mr Kalt:
~
..
Thanks,
6
GP1622
Danny Anderson
Feb 27, 2016, at 12:59 PM, Kalt, Brian <BKalt@fairmontbrine.com> wrote:

Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian

Hello Brad;
Frarne. Jason Frame inforrned us about the waste stream from FBP.
GP1623

. manage_dthe waste, and.that Lam only seeking to understand what wasr.eceived by BJueJUdge Landfill
follows:
1.
2.
3.
4.
5.

Is there analytical data on the waste availab.le to help us understand the impact that will have on
Thank you,
George
(jeorne P. Partriaee Jr., Pfi1J, P.T.., Q..T.P

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
GP1624
t/lom:
Subject:

Hatton, Tony (EEC)
Maybriar, Jon (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Hendricks, Todd
(EEC)
RE: Safety of Irvine, KY Community
Tracking:
Recipient
Delivery
Hatton, Tony (EEC)
Delivered: 3/1/2016 6:15 PM
Maybriar, Jon (EEC)
Sent:
To:
Cc:
Tony;
Jon Maybriar requested for me to be present at the sampling and site survey that was conducted at the Irvine County
High School and Middle School on Saturday, February 27, 2016. I was hoping to have an internal meeting to discuss my
observations with both Danny Anderson and Jon Maybriar on Monday or at least prior to the public meeting this
evening so that when they meet with county officials Monday and Tuesday, they could make recommendations on steps
~take to protect their safety and well-being until we know more (such as a reconstructive exposure assessment, etc.)
~ich will be weeks to months in the future.
I am going to list my observations a~d recommendations below and also attached a copy of an email message I sent
requesting a meeting.
We met at approximately 8:20 AM at the McDonalds off of Exit 90 in Richmond to discuss the plans for the site
visit and to arrive in Irvine as a group. In the meeting I stressed that the exposure to the school and surrounding
area would include airborne particulate matter since the entrance to the landfill is directly across from the
school entrance. Both the school and the school grounds, particularly around the entrance and in front of the
school would experience particulate deposition.
When we arrived at the school shortly after 9 AM, Matt McKinley gathered the group in front of the entrance to
the school building and started his instruction to the group by stating "We are not here to look for particulates."
(That was the primary exposure of concern!).
Matt McKinley instructed Chris Keffer and A. J. Bhattacharya not to take the "back packs" (which were the most
sensitive detection equipment that was brought by DPH} across the street which resulted in the grounds of the
school where the grass was, not getting surveyed for deposited particulates.
I also mentioned to Matt McKinley that the schools needed to turn off the HVAC systems, remove the existing
filters and take wipe samples in the ductwork on the upstream side of the filter to check for particulate matter
containing radionuclides. This was not done to my knowledge.
I feel the following risk scenarios are still present to the school and community:
The maintenance workers at the school each time they work on, service, or replace the filters to the HVAC
systems for the school, which for one school occurs on a monthly basis.
Deposited particulate matter from the landfill and vehicular traffic coming and going from the landfill,
previously deposited on the school grounds; becoming re-suspended this spring when the grass on the school
1
GP1625
grounds is cut. The cutting of the grass and related landscape activity will expose both the workers, students,
and all individuals that may be present in the vicinity when those activities are conducted.
My message by text on the phone to Danny Anderson, sent to him at 1:58 PM on Saturday, February 27th stated the
following:
"Just Finished. Appears school building is ok. Will get wipe results Monday. As you go from entrance of school
building to main road entrance counts go up. Also numbers higher as you scan terrain going up toward gate of
landfill. Personally I feel we are seeing contamination from trucks and traffic to and from landfill. I do not see any
concernsonisksto the public due~to present activities. They should goabouttheirnormalactivmes. TbeJisk
concern and exposures to worry about occurred this past year. Will call you late afternoon or early evening and
discuss with you."
In my text messages I used the word "public" in my message and with the words "present activities." I still needed to
discuss the safety and well-being of the maintenance workers at the school who change the filters potentially being
exposed to particulates containing radionuclides. I am also concerned in the future when it is time to cut the grass
about the resuspension of previous particulate deposition that occurred and has contaminated the grounds in front of
the school near the entrance.
I called Danny that evening. I did not receive a return call. I sent an email message on Monday morning. Danny and I
have talked but it has either been walking down the hall or in his office when he was busy with other matters pertaining
to Blue Ridge. I appreciate all the Danny is doing and realize he has been extremely busy. I am grateful for the time he
has been available to spend with me. I also realize Jon is extremely busy as well.
I am also extremely worried that individuals will die a premature death or have serious health problems in the future
from this waste disposal at Blue Ridge. The latency period between exposure and the increase incidence of cancer
and other serious health effects is 10-40 years depending on exposure scenario and age at time of exposure.
I am also concerned about the operators and workers at the landfill and how .close they are working to
previollsly deposited waste. Are they maintaining a buffer distance to minimize exposure? Is the landfill
resuming their normal activities before they assess the extent of contamination? Are they continuing to let
the public drive up to the area of the working face and discharge waste materials they are dropping
off? Has the equipment at the landfill that was used for waste disposal been decontaminated as a
precaution?......
I want to conclude with the following comments:
../ I appreciate being an employee in the Division of Waste Management, it represents my life's work
and vocation .
../ I could not ask for a more talented group of coworkers
../ I appreciate the leadership of our Division and the time that Tony, Jon, and Danny has devoted to
listening to my concerns and observations.
I feel overwhelmed and terribly worried about the lives being affected and it helps me to talk. I feel like I
have been going at this alone as an employee for several years now and what I have feared would happen
and has happened in other states has now occurred in Kentucky and to a more severe degree since this
was processed TENORM rather than the TENORM that is produced at the 0 &. G drilling/fracking sites.
I also felt this was the last chance to get a message to you since management reads their emails when
they are away from the office!
Thanks again to everyone in the DWM for all you are doing. I wish you all the best as your work on this
and the Public Meeting tonight.
George
2
GP1626
AA
-W
~: Maybriar, Jon (EEC)
W"'c: Anderson, Danny J (EEC); Weems, George (EEC); Hatton, Tony (EEC); Hendricks, Todd (EEC); Briggs, Lindsey (EEC)
Subject: RE: Site Survey and Sampling - Irvine, KY - Saturday, February 27th
Jon;
Thank you,
George
(ieor9e P. Partridjje Jr.
:. .
Frankfort, KY 40601
I
(502) 564-6716 ext. 4651
GP1627
~om:
;JS~nt:
To:
Subject:
Hatton, Tony (EEC)

Automatic reply: RE: Safety of Irvine, KY Community
I will be out of the office March 2-4, 2016. If you need to speak with someone please contact Jon Maybriar or
Tim Hubbard at 502-564-6716 .
GP1628
-9.om:
T~:
Sent:
Subject:
Microsoft Outlook
Delivered: RE: Safety of Irvine, KY Community

Briggs, Lindsey (EEC) (Lindsey.Briggs@ky.gov)
Subject: RE: Safety of Irvine, KY Community
GP1629
~.rom:
To:
Sent:
Subject:
Microsoft Outlook
Maybriar, Jon (EEC)

GP1630
~om:
To:
Sent:
Subject:
Microsoft Outlook

Hendricks, Todd (EEC) (todd.hendricks@ky.gov)
\
I
..
GP1631
From:
To:
Sent:
Subject:
Microsoft Outlook

GP1632
--------
From:
To:
Sent:
Subject:
Microsoft Outlook
Hatton, Tony (EEC)

GP1633
!om:

'Kalt, Brian'
ent:
To:
Subject:
Mr. Kalt;
Thank you for copying me on this helpful information that you shared with Dr. Pendergrass.
Sincerely,
George Partridge
KDWM


Dr. Pendergrass,
ase note, for clarity, the values provided previously were numbers calculated above background. In
iographic inspection, the radiation spreads out as it travels away from the source. Therefore, the intensity
D2
2
D2
1
Accordingly, we calculated our maximum dose (measured at 2 mR/hr at sludge contact) as follows:
1000 rem.
!
~ation dose= (Dose Rate, mrem/hr)*(Distance of the known dose rate, in feet)A2
(Distance where you want to calculate the dose rate, ft)A2
GP1634
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away)"2
= 0.000866 mrem, or 0.866 rem
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.

(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
......
..
GP1635
om: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]

'1tl!a,.o: Kalt, Brian
W:'c: Partridge, George (EEC); McKinley, Matthew W (CHS-PH)

materi.al above background. The average reading of all samples (1 foot from the sludge) was only 0.2267 R/hr

Regards,

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
/(ftJfiir1!JIA)
.~~:~
.
.!;;~1t,,B;~~~;B~l1@fal,;~~1bri~;;;1- . . . . . . . . . . ..
3
GP1636

Gentlemen,
1.
Each box can hold up to 25 yards.CJength 20',Height 6' and Width

2.
a.
Empty WeighUs 9,00Qlbs.

3.
4.
x-ray or CT scan.
5.
of the landfill?
4
GP1637
,.Te
Aironmental Protection's (WVDEP) Director, Scott Mandirola. Please see the attached analysis that was conducted on
Non-Hazardous Material.
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addres.sed. Its contents (including

~: Kalt, Brian
Wl'bject: RE: Phone Call on February 26, 2016

Curt;
George Partridge
KDWM

Hello Mr. Kalt,
aier the Atomic Energy Act of 1954, as amended, whose radionuclide concentrations have been increased by
W'as a result of human practices. Naturally occurring radioactive material does not include the natural
5
GP1638
902 KAR 100:010. Definitions for 902 KAR Chapter 100. http://www.lrc.state.kv.us/kar/902/100/010.htm
-- ProhiiJition~_-- Exernptiol'l. http://www.lrc.kv.gov/statutes/statute.aspx?id=8502
material {NORM) from outside the region for disposal in Kentucky, or dispose of such imported material in
Kentucky, if the imports or disposal are inconsistent with polices ofthe commission.
thousand dollars {$10,000) nor more than one hundred thousand dollars {$100,000). Each day of the violation
Facility
_The public health and safety hazard presented by TENO RM waste is a function of the
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Dispose of un!"an!ed sources http://www.crcpd.org/StateServices/SCATR.aspx
~w~
1,"tZt~v..w
1~D1ATIO!iHlei.\t:rn
GP1639
om: Anderson, Danny J (EEC)
Wnt:
.;_o: Kalt, Brian
~c: Partridge, George (EEC); Pendergrass, Curt (CHFS DPH); Maybriar, Jon (EEC)

Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian
,
Cc: Pendergrass, Curt (CHFSDPH); Anderson, Danny J (EEC); Maybriar, Jon (EEC)
Hello Brad;
GP1640
- - - - - - - - - - - - -
- -

follows:
Thank you again for returning my calf yesterday even though you were not able to address my questions
Thank you,
George
(jeorge P. PartridiJe Jr., Pfi1J, P.'E., Q'EP

8
GP1641
,rtridge, George (EEC)
rom:
ent:
To:
Subject:
Attachments:

RE: Meeting Attendance List of March 1, 2016
Meeting Attendance List - DWM - DPH - 030116.pdf
Tracking:
Recipient
Delivery
Curt;
Will you please forward the attendance list for today's meeting to those in your Branch that need a copy.
I wished so much you could have attended this meeting. I was hoping to catch you before meeting started so I could
update you on correspondence I received from Mr. Kalt associated with FBP.
Between Mr. Kalt's phone calls and correspondence he shared with me along with Jason Frame from WV, we sought to
reconstruct the sequence of contacts between the DWM, DPH, ATS, and FBS.
It was very important to Kathy and your commissioner that we confirmed the dates that the state was contacted, who
knew how the shipments of waste from Fairmont Brine were being handled and when you and others were
contacted. They were under the impression that the first contact anyone had with the state was January of this year
.lowing the contacts I had with an out of state consultant.
.
They wanted to know the date I was first contacted and when in turn I contacted you. I made a copy of that email
message for them for their records.
Also Jon Maybriar had a stack of paper and indicated it included email messages between you and me from past
correspondence and referenced an email message from February of last year.
Jamie Nielson shared a stack of email correspondence with your management and we went over it.
It is a pleasure to know and interact with you. We have been looking at TENORM for several years now and I want so
much for us to continue to do so in the future with the hopes that all that has happened will lead us to a stronger
regulatory framework for the management of this waste in Kentucky.
Thanks again for all you, Chris, and AJ have done to help and work with us. You are an awesome team!
George
(jeorge P. PartrUfge Jr.

3/iJ..O Fair Oaks Lane; 2nd Floor (SWB)
nkfort, KY 40601
(502) 564-6716 ext. 4651
GP1642
.!
GP1643
From:
Sent:
To:
Subject:

RE: Blue Ridge Surface Water Runoff
Todd;
Thank you for your observations.
George

To: Partridge, George (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Maybriar, Jon (EEC); Green, Robin C (EEC)
Subject: RE: Blue Ridge Surface Water Runoff

Please note that prior to 6-20-12, the drainage was not red.
Were this naturally-occurring geologically-derived iron, it would probably not have started in 2012.
nt: Tuesday, March 01, 2016 3:39 PM
: Partridge, George (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Maybriar, Jon (EEC); Green, Robin C (EEC)
Subject: Blue Ridge Surface Water Runoff

Geologist
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716 ext. 4653
GP1644
9artridge, George (EEC)
rom:
ent:
To:
Subject:
Attachments:

RE: Meeting Attendance List of March 1, 2016
Tracking:
Recipient
Delivery
Curt;
update you on correspondence I received from Mr. Kalt associated with FBP.
Between Mr. Ka It's phone calls and correspondence he shared with me along with Jason Frame from WV, we sought to
contacted. They were under the impression that the first contact anyone had with the state was January of this year
.lowing the contacts I had with an out of state consultant.
Jamie Nielson shared a stack of em'ail correspondence with your management and we went over it.
It is a pleasure to know and interact with you. We have been looking at TENORM for several years now and I want so
George
{ieorge P. PartrUfae Jr.

~o Fair Oaks Lane; 2nd Floor (SWB)
nkfort, KY 40601
(502) 564-6716 ext. 4651
GP1645
GP1646

From:
To:
Sent:
Subject:
Microsoft Outlook
Delivered: RE: Meeting Attendance List of March 1, 2016

Pendergrass, Curt (CHFS DPH) (Curt.Pendergrass@ky.gov)
Subject: RE: Meeting Attendance List of March 1, 2016
GP1647
9artridge, George {EEC)
From:
To:
Sent:
Subject:
Microsoft Outlook
Delivered: RE: Wednesday - March 2, 2015

Subject: RE: Wednesday - March 2, 2015
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From:
To:
Sent:
Subject:
Microsoft Outlook
Delivered: RE: Wednesday - March 2, 2015

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~;m:
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Subject:

Read: RE: Meeting Attendance List of March 1, 2016
Your message
Sent: Tuesday, March 01, 2016 7:18:39 PM (UTC-05:00) Eastern Time (US & Canada)
was read on Tuesday, March 01, 2016 7:56:10 PM (UTC-05:00) Eastern Time (US & Canada) .
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Read: RE: Safety of Irvine, KY Community
Your message
Sent: Tuesday, March 01 , 2016 6: 14:41 PM (UTC-05:00) Eastern Time (US & Canada)
was read on Tuesday, March 01, 2016 9:19:20 PM (UTC-05:00) Eastern Time (US & Canada).
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..
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Sent:
Subject:

Read: RE: Wednesday - March 2, 2015
Your message
was read on Tuesday, March 01, 2016 9:21 :11 PM (UTC-05:00) Eastern Time (US & Canada) .
GP1652
t'-cm:
To:
Sent:
Subject:
Maybriar, Jon (EEC)

Your message
was read on Tuesday, March 01, 2016 8:41 :18 PM (UTC-05:00) Eastern Time (US & Canada).
II
GP1653
Subject:
Attachments:

Wednesday, March 02, 2016 8:11 AM
RE: RE: Meeting Attendance List of March 1, 2016
Will do George and thanks. Unfortunately, my presence was not requested by my Branch Manager at yesterday's
meeting with EEC or at last night's public meeting in Irvine. Though my Division Director did bring back a stack of copied
e-mails from your meeting, all from me, which makes it appear that I was the one who dropped the ball on the Fairmont
Brine shipments. I am somewhat surprised to see such an approach now that you and others in Solid Wastes have
uncovered the fact that our KY RCRA subtitle D municipal solid waste landfills have been accepting TENO RM
contaminated wastes for years from surrounding states from Pressure Tech, Green Hunter and others, most of which
exceeded limits for legal disposal at municipal landfills in those states where the wastes originated. Obviously, the FBP
wastes is just the tip of the iceberg. I am hoping this does not digress into a finger pointing match between our two
cabinets. I know for a fact that you and I have been trying our best to get a handle on this situation for years and to keep
KY from becoming a dumping ground for out-of-state TENO RM. Hopefully now that this whole issue is out in the open
our two cabinets can put their heads together to develop a complimentary set of TE NORM regs hopefully modeled on
Ohio's regs to prevent this from ever happening again here in KY.
I guess we will just have to wait and see how things turn out. In the meantime, I have been told to copy all of my e-mails
pertaining to this issue going back years for an open records request.
'rt
9..rakecare,
Pendergrass PhD
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
v.a.,_rn -- ). ; ;,
~!..~""'."''"'
f-'.AMATIONMEJ':.t\"rl


I
1
GP1654
update you on c0rrespondence I received from Mr. Kalt associated with FBP.
...
Between Mr. Kalt's phone calls and correspondence he shared with me along with Jason Frame from WV, we sought to
contacted; They were under the impression that the first contact anyone had with the state wasJanuary ofthis~year ~
following the contacts I had with an out of state consultant.
Jamie Nielson shared a stack of email correspondence with your management and we went over it.
It is a pleasure to know and interact with you. We have been looking at TENO RM for several years now and I want so
George
(jeor9e 'P. 'PartrUfge Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1655
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To:
Sent:
Subject:

Read: RE: Wednesday - March 2, 2015
Your message
To: Briggs, Lindsey (EEC)
Subject: RE: Wednesday- March 2, 2015
was read on Wednesday, March 02, 2016 8:31 :37 AM (UTC-05:00) Eastern Time (US & Canada) .
GP1656
elm:
Sent:
To:
Subject:

RE: RE: Wednesday - March 2, 2015
George,
You can use your accumulated time as you see fit to do; however I suggest using your comp time to reduce your
balance.
Lindsey
Lindsey;
I do not ever remember feeling so emotionally drained as I am today. I have been intensely pursuing the investigation of
TENO RM since January 13th when I first received news of shipments of TE NORM to Kentucky. Not only the hours I have
in officially at work, I have been reviewing materials at home on weekends and in the evenings seeking to learn as
as I can as a path forward is developed to address what has happened in Irvine, KY.
aut9ch
When I learned of the shipments of wastes from Fairmont Brine Processing, I felt totally overwhelmed knowing from my
years of research work and teaching as a faculty member at Penn State that individuals potentially will have their lives
shortened or adversely affected from the resulting exposures that occurred in Irvine, KY this past year.
I am requesting to take some sick time to allow me to go home and rest as much as I can so I can return to work feeling
more rested than I have been lately.
I also feel I have done all I can to support this investigation. My greatest strength is my technical skills and I am available
as needed as a consultant whenever anyone has a question or requests my participation.
Otherwise, I feel we are at a point that management has some decisions to make, Advanced Disposal has responsibilities
to develop a plan and hire the appropriate consultants, and the community has been informed of what has happened in
their community.
It is time for me to stop my investigation knowing that others in both cabinets has all the information I have and
everyone knows of my concerns as well as what I feel the path forward should be.
You are my supervisor, I work for you and I look forward to returning to work and resuming the everyday activities for
which we are here.
- n d to forward requests to your attention so you can coordinate my activities and work assignments.
Last year was a good year and I enjoyed all the experiences I had from the field work at all the sites I visited.
1
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I want this to be even a better year and return to what I enjoy doing the most - resource conservation and waste
management.
I appreciate the opportunity to work for you and look forward to focusing again on the work we were doing before all
the events happened in Irvine, Kentucky.
I anticipate coming in later in the day on Wednesday - hopefully feeling better than I do this evening.
Thanks again for everything, and most importantly listening patiently to my concerns and providing helpful feedback and
guidance.
George
(jeorge P. PartridBe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1658
Cc:
Subject:

Kalt, Brian
Thank you Mr. Kalt for the thorough explanation of the inverse square law. And thank you for letting us know that the
on-contact dose rate reading with the Fairmont Brine Processing sludge did indeed read 2 mrem/hr.
"Based on the highest recorded Source reading: 2 mrem/hr@ contact (assumed 0.25" from source)"
The 2 mrem/hr on contact dose rate reading is what we were led to believe this sludge read from others in WV.
You did not answer my question but would you be willing to contact those laboratories where you previously sent this
same FBP sludge for analysis to see if they retained a sample of that material and if so, would they mind releasing that
material to our office for radiochemical analysis? As I said, we would be more than happy to make the drive to OH or WV
to pick up the samples. And as long as we have your written permission to release these samples, assuming they still
exist, I would be more than happy to contact Reliance or Summit on your behalf and inquire as to whether they still
retained these samples.
Please let me know about the samples and thank you once again for your cooperation and assistance in this matter.

ervisor, Radioactive. M. aterials Section
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
v~..tutlir~
t~!Jrnnra~H~\t.r11
~t,.,~--~:!I

-endergrass,
1
GP1659
D2
2
-~--
Di
1
1000 rem.
Radiation dose= {Dose Rate, mrem/hr)*(Distance of the known dose rate, in feet)"2
Based on the highest recorded Source reading: 2 mrem/hr@ contact (assumed 0.25" from source)
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away)"2
= 0.000866 mrem, or 0.866 rem
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
2
GP1660
If you were standing on the source for 5 minutes {.083 hours), the dose would be 0.166 mrem .
. .ou were standing 1 ft from the source for 5 minutes {0.083 hrs), the dose would be:
Dose= (2 mrem/hr)*(0.083 hrs) * (0.0208 ft)A2
{1 ft away)A2
= 0.0718 rem {0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
-----------~---~------------
delete and destroy the message .
Kalt, Brian
~:Partridge, George (EEC); McKinley, Matthew W (CHS-PH)

information on what type of survey instrument you were using when you took the surveys referenced below {make,
material above background. The average reading of all samples {1 foot from the sludge) was only 0.2267 R/hr
{0.0002267 mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr {0.0008652 mR/hr). As
published by the Nuclear Regulatory Commission {NRC) and United States Environment Protection Agency {EPA),
both readings are lower than the dose of drinking several glasses of beer per hour {0.07 mR per beer), and
slightly lower than consuming one banana {0.009863 mR per banana).
3
GP1661

Regards,
Mailstop HS1C-A
- Frankfort, KY40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Dispose of u~anted sources http:ljwww.crcpd.org/StateServices/SCATR.aspx

Gentlemen,
1.
Each box can hold up to 25 yards. length 20', Height 6' and Width 8'. Empty Weight is 9,000 lbs.
2.

3.
What was the total quantity of waste shipped in the 47 shipments that were received by Blue Ridge landfill
4.
GP1662
e"!..y
or CT scan.
dewatering boxes'. After some dewatering period on~site, the boxes were received by Advanced TENORM Services for
5.
of the landfill?
.Environmental Protection's (WVDEP) Director, Scott Mandirola. Please see the attached analysis that was conducted on
Kind Regards,
Brian Kalt
President
412-680-6244
----------------------~------------

Cc: Kalt, Brian
5
GP1663
Curt;
George Partridge
KDWM
To: Anderson,Danny J (EEC~; Kalt, Brian
Hello Mr. Kalt,
technologically enhanced by C:ontrollable practices (or by past human practices);
902 KAR 100:010. Definitions for 902 KAR Chapter 100. http://www.lrc.state.ky.us/kar/902/100/010.htm -
(301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.0.R.M., which has W
Plan, Adopted May 1999 (http:ljwww.cmcompact.org/publications/Regional Mgmt Plan.pdf)
--Disposal of TENORM Waste at Facilities in the Region other than the Regional LLRW Disposal
Facility
6
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1
- u i r e an analysis of the public health and safety concerns for any proposed waste management
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Pay your fees on line at https://prd.chfs:ky.gov/rad epay/
m: Anderson, Danny J (EEC)

Kalt, Brian
'
Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
7
GP1665
President
Fairmont Brine Processing, LLC .
412-680-6244
----------------- ----The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its
..

To: Kalt, Brian
Hello Brad;

follows:
8
GP1666

2.
3.
4.
5.

Thank you,
George
(jeorae P. PartrUige Jr., Pfi:n, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
..
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rtridge, George (EEC)
.From:
Sent:
To:
Cc:
Subject:

Dr. Pendergrass,
I heard back from Reliance this morning, and they only keep samples for a couple of months before they dispose of
them. I will try and get an answer from Summit today and get back with you.
Kind Regards,
Brian Kalt
President
412-680-6244
-----------------------------------------------
any attachments) are confidential and m. ay contain privileged information. If you are not an intended recipient you must not use,
lose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
ete and destroy the message.
Ii.
Sent: Wednesday, March 02, 2016 9:02 AM

To: Kalt, Brian
on-contact dose rate reading with the Fairmont Brine Processing sludge did indeed read 2 mrelil/hr.
I would be more than happy to contact Reliance or Summit on your behalf and inquire as to whether they still
et,
.etained these samples.
1
GP1668

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Website:http://www:chfs:ky.govtdph/radioactive.htm
VoHfUeJir~
~~-.Y
r~OlATltH~JAMjzAliH

~ubject: RE: Phone Call on February 26, 2016
Dr. Pendergrass,
radiographic inspection, the radiation spreads out as it travels away from the source. Therefore, the intensity.
of the radiation follows Newton's Inverse Squ~re Law. This law accounts for the fact that the intensity of
D2
2
D2
1
1000 rem.
Radiation dose= (Dose Rate, mrem/hr)*(Distance of the known dose rate, in feet)A2
2
GP1669
.ou were standing on the sludge for one hour, the dose would be 2mrem
. I f you were standing 1 ft from the source for one hour, the dose would be:
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away)"2
= 0.000866 mrem, or 0.866 rem
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
~rce reading:
2 mrem/hr@ contact (assumed 0.25" from source)
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
ose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
te and destroy the message.
GP1670

To: Kalt, Brian
..
what we were really hoping to find. Something that actually put a number to the actual pCi/gforRa-226 and Ra~228
Th<rnks again for your cooperation and assistance in this matter.
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Dispose of unwa~ted sources http://www.crcpd.org/StateServices/SCATR.aspx
KtzJ.t/4~
'PJJ.tlIA'fi\.l'NGAH~l:tH
4
GP1671
'tlemen,

2.

3.
After Fairmont Brine Processing's {FBP) Sludge Disposal Plan {Please see attached) was accepted and approved by Jason
4.
~en
soluble barium is converted to insoluble barium sulfate, it's toxic nature becomes so benign that it is used by
x-ray or CT scan.
above background. The average reading of all samples {1 foot from the sludge) was only 0.2267 R/hr {0.0002267
mR/hr). The highest reading {1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As published by the
5.
of the landfill?
GP1672
Environmental Protection's (WVDEP) Director, Scott Mandirola. Please see the attached analysis that was conducted o A
W
Kind Regards,
Brian Kalt
President
412-680-6244

Cc: Kalt, Brian
Curt;
George Partridge
KDWM

Hello Mr. Kalt,

GP1673
A...
-~
KAR 100:010. Definitions for 902 KAR Chapter 100. http://www.lrc.state.ky.us/kar/902/100/010.htm


-..;: Disposal of TENORM Waste at Facilities in the Region other than the Regional LLRW Disposal
.,..cility
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
: 1.
os.e of un!'.a.n. te.. d sources http://www.crcpd.org/StateServices/SCATR.aspx
. 't!n
.
~~'
.
f';,J\tflJ.\"rJtil~ ' .HiAt.l'H
GP1674

To: Kalt, Brian
Mr Kalt:
.. Family Services(CHFS) ...
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian
Hello Brad;
8
GP1675

follows:
1.
2.
3.
4.
5.

Thank you,
George
(jeorge P. PartrUfae Jr., Pfi'D, P.'E., Q'EP

9
GP1676
'
rtridge, George {EEC)

1
.From:

Kalt, Brian
Sent:
To:
Cc:
Subject:
Thank you sir.

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
~From:
Kalt, Brian [mailto:BKalt@fairmontbrine.com]

Dr. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244
~,-;;;;;:;;;;:;; fortt;;;jndivid:;;;i or-;,;;;ty to wh~~con~n7"

~---- --~-
-~
GP1677

To: Kalt, Brian
Jhankyoy_l\/lr. Ka_ltJgr the thQJQ.ugb explanation of the inverse square law. And thank you for letting us knowthatthe on-contact dose rate reading with the Fairmont Brine Processing sludge did indeed read 2 mrem/hr.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Vn"fU~
I~!.,...._
f'Jl~ftlATI-rlN~Hat1LTH

Dr. Pendergrass,
ofthe radiation follows Newton's Inverse Square Law. This law accounts for the fact that the intensity of
2
GP1678
-------------------------
.ead over a larger area. The intensity is inversely proportional to the distance from the source.
1
. I n industrial radiography, the intensity at one distance is typically known and it is necessary to calculate the
D2
2
Di
1
1000 rem.
Examples: {Distance from source)
Based on the highest recorded Source reading: 2 mrem/hr @ contact {assumed 0.25" from source)
~ou were standing on the sludge for one hour, the dose would be 2mrem
~ou were standing 1 ft from the source for one hour, the dose would be:
Dose= (2 mrem/hr)*(0.0208 ft)"2
{1 ft away)"2
= 0.000866 mrem, or 0.866 rem
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
{10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough .
mples: (Time exposed to source)
GP1679
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards-,
Brian Kalt
President
412-680-6244

To: Kalt, Brian
published by th. e Nuclear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA)&._
Thanks again for your cooperation and assistance in th.is matter.

4
GP1680
.ards,
.Curt Pendergrass PhD
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext .. 4183
Fax: 502-564-1492

Gentlemen,
tl9ase see the responses in green to your questions below.
1.
2.

3.
What was the total quantity of waste shipped in the 47 shipments that were received by Blue Ridge La'ndfill
After Fairmont Brine Processing's {FBP) Sludge Disposal Plan (Please see attached) was accepted and approved by Jason
4.
nsoluble sludge. This chemical precipitation process also removes sand and some hydrocarbons. This sludge has
n determined to be non-hazardous.
..
GP1681
doctors as a contrast media to coat esophagus, stomach, or intestine so that diseased or damaged areas can be seen
x-ray or CT scan.
ba
In the second halfof20151FBP's sludge had exhibited very, very low levels of naturally occurring radioactive material
dewatering boxes. After some dewatering period on-site, the boxes were received by Advanced TE NORM Services for
5.
of the landfill?
Environmental Protection's (WVDEP) Director, Scott Mandirola. Please see the attached analysis that was conducted
Kind Regards,
Brian Kalt
President
412-680-6244

Cc: Kalt, Brian
6
GP1682
on.A
9""
Curt;
enk you for responding to Mr. Kalt's question .
George Partridge
KDWM

Hello Mr. Kalt,
(10) "Region" means the geographical area ofthe state of Illinois and the Commonwealth of Kentucky;
' K A R 100:010. Definitions for 902 KAR Chapter 100. http://www.lrc.state.ky.us/kar/902/100/010.htm
KRS 211.869 Penalties. http://www.lrc.ky.gov/statutes/statute.aspx ?id=8505
or noncompliance shall constitute a separate offense .
tral Midwest Interstate Low-Level Radioactive Waste Commission Regional Management

1 Adopted May 1999 (http://www.cmcompact.org/publications/Regional Mgmt Plan.pdf)
Facility
7
GP1683
..
Regards,
~YI1:P~J1_d~rgrn~s _pf1[)

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Kt!Jt~
r~.t.t!ATlON~H~,1.;rn

To: Kalt, Brian
Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
8
GP1684
.tridge, George (EEC)

.From:
Sent:
To:
Cc:
Subject:

Dr. Pendergrass,
I just spoke with Summit, and they keep samples on file for sixty days unless a client requests a longer period oftime
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
a...::1ose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
.,...ete and destroy the message.
To: Kalt, Brian


Thank you sir.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
bsite: http://www.chfs.ky.gov/dph/radioactive.htm
y your fees on line at https://prd.chfs.ky.gov/rad epay/
1
GP1685


Dr.Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian

You did not answer my question but would you be willing to contacF those laboratories where you previously sent this
GP1686

ervisor, Radioactive Materials Section
.275 East Main Street

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http:/lwww.chfs.ky.gov/dph/radioactive.htm
',-,,~
\t~J\!Jl;fflON~H:et\LlH
Dr. Pendergrass,
~iographic inspection, the radiation spreads out as it travels away from the source. Therefore, the intensity
~he radiation follows Newton's Inverse Square Law. This law accounts for the fact that the intensity of
1000 rem.
{Distance where you want to calculate the dose rate, ft)"2
.xamples: (Distance from source)

3
GP1687
Dose= (2 mrem/hr)*(0.0208 ft)A2
(1 ft away)A2
= 0.000866 mrem, or0.866 rem
Dose= (2 mrem/hr)*(0.0208ft)A2
(2 ft away)A2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
(10 ft away)A2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.

(1 ft away)A2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
delete and destroy the message ..
GP1688
President
412-680-6244

To: Kalt, Brian
Hello Brad;
..
We received calls from Ohio that shared TENO RM waste was being shipped from Ohio lo Kentucky. One
Yes, it is regulated by the CHFS-DPH and is noted in KRS 211.862 & KRS 211.863. The Solid Was~e Branch
since their management has not made a complete disclosure of the wastes they have received .
follows:
9
GP1689
1.
2.
3.
4.
5.

Thankyou again for returningmy call yesterday even though you were not able to address my questions
Thank you,
George
(jeorge P. PartridiJe Jr., Pn'D, P.'E., Q.'EP

Frankfort, KY 40601
{502) 564-6716 ext. 4651
<imageOOl.gif>
10
GP1690

~ent: Monday, February 29, 2016 4:29 PM
91:>: Kalt, Brian

model, calibration date}. If you took a background with this instrument, what did it read? You indicated you took your
published by the Nuclear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA},
Thanks again for your cooperation and assistance, in this matter.
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Website: http://www.chfs.ky.gov/dph/radioactive .htm
Dispose of un.wanted sources http://www.crcpd.org/StateServices/SCATR.aspx
,"""""''
....--
rAti-IA1'iOl~
'
H~.llH
-------..--- .................~-~------"'""''' , .
~m: Kalt, Brian [mailto:BKalt@fairmontbrine.com]

Subject: RE: Phone call on February 26, 2016
5
GP1691
Gentlemen,
'

1.
-2.
Who manufacruredtlie shippingtontainers?

3.
4.
x-ray or CT scan.
mR/hr}. The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As published by the
Nuclear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA}, both readings are lower
than the dose of drinking several glasses of beer per hour (0.07 mR per beer}, and slightly lower than consuming one
5.
Is there analytical data on the waste available to help us understand the impact that will have on management '
of the landfill?
GP1692
~vironmental Protection's (WVDEP) Director, Scott Mandirola. Please see the attached analysis that was conducted on
. e Non-Hazardous Material.
. I f anything else is needed, please let us know.
Kind Regards,
Brian Kalt
President
412-680-6244

Cc: Kalt, Brian
-bject: RE: Phone Call on February 26, 2016
Curt;
George Partridge
KDWM
Hello Mr. Kalt,
As promised, below the applicable Kentucky Regulatory Statutes dealing with TE NORM.

s a result of human practices. Naturally occurring radioactive material does not include the natural
oactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
GP1693
902 KAR 100:010. Definitions for 902 KAR Chapter 100. http://www.lrc.state.ky.us/kar/902/100/010.htm '
(3) Naturally-occurring radioactive material (NORM) as defined in KRS 211.862(8} shall be the exclusive
thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). Each day ofthe violation
Facility
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Vm.tu~."N.
IV""'"'"-~~
MEriATH'JttMEM.TH
GP1694

: Kalt, Brian
: Partridge, George (EEC); Pendergrass, Curt (CHFS DPH); Maybriar, Jon (EEC)
'Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian
Hello Brad;
questions you asked and what I shared with you .
9
GP1695
'
.. -- KelittJtky dtfeS~ffOt 'teg(Hate TENORM? Yes, it is regulated by the CHFS-DPH and is noted in KRS 211.862 & KRS 211.863. The Solid Waste Branch

I concluded our conversation by affirming that ram not aware of any concerns regarding how FBP
follows:
1.
2.
3.
4.
5.
A ~escription of the containers used for the shipment of the waste.

Thank you,
George
<jeorge P. PartridiJe Jr., Pli1J, P.'E., Q'EP

10
GP1696
Cc:
Subject:

Kalt, Brian
Sorry to hear that Mr. Kalt but I was thinking that was probably going to be the case given the amount of time that has
transpired. But thanks for checking on the samples with Summit and Reliance just the same. Looking back your earlier emails, you mentioned that the sludge was being dewatered on site in dewatering boxes. Do you have any of this sludge
material currently on site that we can easily access to take a sample of what you are now processing that you would
mind us coming to get? I am not familiar with your facility but I really don't wish to get in a boat to float on your settling
pond or don scuba gear to take sludge sample at the bottom of a deep settling pond. The picture of.the pond on your
website looks like it would be difficult to sample.
dewatering boxes. After some dewatering period on-site, the boxes were received by Advanced TENORM
Services for dewatering and solidification, as appropriate to pass paint filter test, and then landfilled. Based on
FBP's understanding of the dewatering process and solidification process, the extremely low levels of naturally
occurring radioactive materials were to be eliminated .
GP1697

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
2
GP1698
Vanh~
~;~!U,.~rrr!l
ellli'1Ttot~A_H!ZJ.\t:rH
1
'
;;;~;;;;-1<~lt~-5;1;~-[~~ilt~:6K:;itt~i~~~~tbri~;:~~~]
.... .. ... . ....... .

Dr. Pendergrass,
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
Ai!_sclose, disse. minate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
,..lete and destroy the message.

To: Kalt, Brian
Thank you sir.
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
bsite: http:ijwww.chfs.ky .govId ph/rad ioactive .htm
your fees on line at https://prd.chfs.ky.gov/rad epay/
notified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
Dispose of unwanted sources http:l/www.crcpd.org/StateServices/SCATR.aspx
GP1699

Dr. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian
GP1700

.pervisor, Rad. ioactive Materials Section
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Dispose of u~wanted sources http://www.crcpd.org/StateServices/SCATR.aspx
Rt!lm~
n..'\ts1.tr:n&NJ&J-1~.tnt
Dr. Pendergrass,
diographic inspection, the radiation spreads out as it travels away from the source. Therefore, the intensity
the radiation follows Newton's Inverse Square Law. This law accounts for the fact that the intensity of
D2
2
D2
1
1000 rem.
5
GP1701
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away)"2
= 0.000866 mrem, or 0.866 rem
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.

(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
GP1702
ent: Monday., February 29, 2016 4:29 PM
.Cc:
9: Kalt, Brian
what we were really hoping to find. Something that actually put a number to the actual pCi/g for Ra-226 and Ra~128
material above background. The average reading of all samples (1 foot from the sludge) was only 0,2267 R/hr
(0.0002267 mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (o.qoo8652 mR/hr). As
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Kf/JJ!JJ>
r~trJA-rib1'4AJ.ii~.t<rH
.A-------~--~,,-,,,,,...............


7
GP1703
Gentlemen,
'
1.
2.
Who rrrannfacturedtheshipping-tontainers?

3.
4.
x-~ay or CT scan.
(
5.
of the landfill?
GP1704
le
Kind Regards,
Brian Kalt
President
412-680-6244

Cc: Kalt, Brian
.bject: RE: Phone Call on February 26, 2016
Curt;
George Partridge
KDWM

Hello Mr. Kalt,

{8) "Naturally-occurring radioactive material" {NORM) means naturally occurring materials not regulated
a result of human practices. Naturally occurring radioactive material does not include the natural
emioactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
technologically enhanced by controllable practices {or by past human practices);
As
GP1705
902KAR100:010. Definitions for 902 KAR Chapter 100. http://www.lrc.state.ky.us/kar/902/100/010.htm '
Facility
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
VeJih~
IV....,J.!!
.
~.A~lATJbraAHlEAt.TH
10
GP1706

: Kalt, Brian
'
Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian
Hello Brad;
11
GP1707
'
Kentucky does not regulateTENORM?

follows:
1.
2.
3.
4.
5.

without a written request from KD.EP. I am also glad you contacted me today and we got a chance to
Thank you,
George
(jeorge P. Partridj]e Jr., Pfi'D, P.'E., Q'EP

12
GP1708
To:
Cc:
Subject:

Mr. Pendergrass,
The sludge does not accumulate in either of the large ponds you see in the picture below, but rather in the middle of the
picture in what looks like a rectangle ("concrete basin"). With proper planning, we can access the sludge easily. What
day would work for you and or your team?
Kind Regards,
Brian Kalt
President
412-680-6244
lose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
From: Pendergrass, Ci.Jrt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]
To:
Kalt, Brian

material currently on site that we tan easily access to take a sample of what you are now processing that you would
mind us coming to get? I am not far,niliar with your facility but I really don't wish to get in a boat to float on your settling
pond or don scuba gear to take sludge sample at the bottom of a deep settling pond. The picture of the pond on your
occurring radioactive materials were to be eliminated.
GP1709

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky.gov/dph/radioactive.htrn
Pay your fees on lirie at https://prd.chfs.ky.gov/rad epay/
Dispose of unwanted sources http://www.crcpd.org/StateServkes/SCATR.aspx
2
GP1710
Fromi Kalt, Brian [mailto:BKalt@fairmontbrine.com]

Dr. Pendergrass,
I just spoke with Summit, and they keep samples on file for sixty days unless a client requests a longer period of time
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
.
~close, diss.e.minate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
. . = t e and destroy the message.
-----------------------~------------

To: Kalt, Brian
Thank you sir.

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
bsite: http://www.chfs.ky.gov/dph/radioactive.htm
, _ your fees on line at https:ljprd.chfs.ky.gov/rad epay/
~e notified of proposed regulation changes https:ljsecure.kentucky.gov/Regwatch/
GP1711
___
Sent: Wednesday, .March 02, 2016 9:06 AM
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contehts (including

,

To: Kalt, Brian

Please let me know about the samples and thank you once again for your cooperation and assistance in this matter,
GP1712

Mervisor, Radioactive Materials. Section
.tucky Radiation Health Branch
. 7 5 East Main Street
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http:{/www.chfs.ky;gov/dph/radioactive;htm
Dispose of unwanted sources http:ljwww.crcpd.org/StateServices/SCATR'.aspx

To: F>endergrass, Curt (CHFS DPH)

Subject: RE: Phone Call on February 26, 201~
Dr. Pendergrass,
' Afiidiographic i.nspection, the radi.ation spreads out as it travels away.from the source. The. refore, the intensity
"'119the radiation follows Newton's Inverse Square Law. This law accounts for the fact th.at the intensity of
D2
2
D2
1
Accoraingly, we calculated our maximum dose (measured at 2 mR/hr at sludge contact) as follows:
1000 rem.
Radiation dose= (Dose Rate, mrem/hr)*(Distance of the known dose rate. in feet)A2
.
.Examples: (Distance from source)
5
GP1713
- - - - - - -
--
'
Dose= (2 mrem/hr)*{0.0208 ft)A2
(1 ft away)A2
= 0.000866 mrem, or 0.866 rem
(2 ft away)11.2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)11.2
(10 ft away)11.2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
(1 ft away)11.2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
GP1714
--~---.------~--------~~------------~----------------
From: Pendergrass, Curt(CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]

Monday, February 29, 2016 4. :29 PM
Kalt, Brian
c: Partridge, George (EEC); McKinley, Matthew W (CHS-PH)
,&.nt:
Unfortunately, looking through the analysis results from both Reliance Laboratories.and the Summit Environmental
what we were really hoping to find. Somethingthatactually put a number to the actual pCi/g for Ra~226 and Ra-228
'inquiring as to whether or not they retained the samples from last fall and if so, if our office could acquire a portion for
readings 1 foot from the sludge. Is that 1 footfrom the sludge samples before you sentthem to Reliance and Summit or
1 foot trom the sludge boxe.s or 1 foot frorri the sludge pit?
(0.00022G7mR/hr). The highest reading (1 footfrom the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As
published by the Nuclear Regulatory Commission {NRC) and United States Environment Protection Agency (EPA),
Thanks again for your cooperation and assistance in this matter,
Regards,
Cu.rt Pendergrass PhD
275
. East Main Street
.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502564-3700 ext. 4183
Fax:502-564-1492
Dispose of u.nwan~ed sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
m: Kalt, Brian [mailto:BKalt@fairmontbrine.com]

sent: Monday, February 29, 2016 3:33 PM.
7
GP1715
Gentlemen,
'

1.
Each box can hold up to 25 yards. length 20', Height 6' and Width 8'. Empty Weight is 9,000 lbs.

3.
After Fairmont Brine Processing's (~BP) Sludge Disposal Plan (Please see attached) was accepted and approved by Jason
4.
capture barium~ a toxic constituent in some brines, as barium sulfate and to capture radium, as radium sulfate, to form
x-ray or CT scan.
at a typic:aldrinking water treatment plant.
In the second half of 2015, FBP's sludge had exhibited very, very low levels of naturally occurring radioac:tive material
mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 inR/hr). As published by the
dewatering boxes. After some dewatering period on-site, the boxes were received by Advanc:ecl TENORM Services for
5.
Is there analytical data on the waste available to

of the landfill?
~elp us understand the impact that will have on management '
GP1716
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom..it is addressed. Jts contents (including
any attachments) are confidential and may contain privileged information. If you are not an intended recipient you must not use, .

February 29, 2016 10:07 AM
Cc: Kalt, Brian
Sent: Monday,
~~
'

George Partridge
KDWM

Hello Mr. Kalt,
KRS 211.862 Definitions for KRS 211.861to211.869. http:ljwww.lrc.ky.gov/statutes/statute.aspx?id=8501

~s a result of human practices. Naturally occurring radioactive material does not include the natural
~-ioactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
GP1717
902 KAR 100:010. Definitions for 902 KAR Chapter 100. http:l/www.lrc.state.ky.us/kar/902/100/010.htm '
.-- Prohibitions -- Exemption. http:l/www.lrc.ky.gov/statutes/statute.aspx?id=8502
KRS 211.869 Penalties. http:l/www.lrc.ky.govI statutes/statute.aspx?id=8505
(11 Any person who fails to comply with any provision of KRS 211.859 or 211.863, or with any administrative
Plan, Adopted May 1999 (http:Uwww'.cmcompact.org/publications/Regional Mgmt Plan.pdf)
Facility
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Website: http://www.chfs.ky.gov/dph/radioactive. htm
Dispose of 1.:1.nwanted sources http://www.crcpd.org/StateServices/SCATR;aspx
10
GP1718

: Kalt, Brian
: Partridge[ George (EEC); Pendergrass, Curt (CHFS DPH); Maybriar, Jon (EEC)
'
Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
..
Kind Regards,
Brian Kalt
president
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. I.ts
intended recipient you must not use, disclose, disseminate, copy or print its c~ntents. If you receive this e-mail in

To: Kalt, Brian

Hello Brad;
11
GP1719
'
regulates the management and disposal of radioactive materials and is responsible for IJcensure.

managed the waste.1 and that I am only seeking to understand what was received by Blue Ridge Landfill
questions I am seeking to address in my role as a permitengineer with the Solid Waste Branch are as
follows:
Ridge landfill between July and November of 2015?
4. Was all the waste.similar iri nature?
. managementof.the landfill?
Thank you again for returning my call yesterday even though you wefe not able to address my questions
Thank you,
George
<jeor9e P. PartridfJe Jr., PfiV, P.'E., Q,'EP

Department for Environmelltal Protection
12
GP1720
To:
Cc:
Subject:

Kalt, Brian
Partridge, George (EEC); McKinley, Matthew W (CHS-PH); Fowler, Kathy L (CHFS PH)
How about we pay you a visit on Friday Mr. Kalt? I would need to reach out to my counterparts in WV just to see if they
wish to accompany us on this sampling trip to your Fairmont, WV facility. We never go into another agencies jurisdiction
without first checking with them. And I believe Mr. Jason Frame has quite a bit of experience working with you and your
facility. You said the sludge would be easily accessible with proper planning. What would that entail exactly just so we
can bring the proper sampling equipment.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Website: http:Uwww.chfs.ky.govI dph/radioactive.htm
~~your fees on line at https:Uprd.chfs.ky.gov/rad epay/
. . . . .notified of proposed regulation changes https:Lfsecure.kentucky.gov/Regwatch/
Dispose
of unwanted
sources http:Uwww.crcpd.org/StateServices/SCATR.aspx
,.
"
.,
.
----------

To: Pendergrass, Curt {CHFS DPH)
Cc:: Partridge, George (EEC); McKinley, Matthew W (CHS-PH)
Mr. Pendergrass,
Kind Regards,
,.,,an Kalt
~sident

412-680-6244
1
GP1721
The informati.on contained in this e-mail is intended only for the individual o. r entity to whom it is addressed. Its contents (including\.
any attachments) are confidential and may contain privileged information. If you are not an intended recipient you must hot use,
=-~~Et:ct_Dl_U?.e_ndergra__ss,~Curt~C-ctlS~DE.l:IJ [mailto:Curt.E.endergrass@.k.gruL"J-._~~~-~~--~---~- _--~~-~---- ~---~~

Sent: Wednesday, March 02, .2016 9:38 AM
To: Kalt, Brian
mind us coming to get? I am not familiar with your facility but I really dor(t wish to get in a boat to float on your settling
Currently, FBP does not physically dewater the sludge oh-site. The sludge is removed via pump into standard
Services for dewatering and solidification, as appropriate to pass paint filter test, and then landfilied, Based on
FBP' s ~nderst_andi~g of the ~ewatering proc~ss _and solidification process, the extremely low levels of naturally
occurring rad1oact1ve materials were to be ehmmated.
-
GP1722
9"
I
1

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
curt.pendergrass@ky.gov
site: http:ljwww.chfs.ky.gov/dph/radioactive.htm
.ii:
GP1723
-------------
- -
'

To:

Dr. Pendergrass,
I just spoke with Summit, and they keep samples on file for sixty days unless a Client requests a longer petiod of time
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contents (inclucfirig
disclose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e~mail and
delete cind destroy the message.
...
..A
From: Pend~rgrass, Curt (Cf-If~, OPH) [mailto:Curt.Pehdergrass@ky.gov]

Sent: Wednesday, March 02, 2016 9:08. AM
To:
Kalt, Brian
Cc: Partridge; George (EEC); McKinley, Matthew W (CHS~PH)
Subject: RE: Phone Call on February 26't2016
. .
.
Thank you sir.

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
E..:ma.il: curt.pendergrass@ky.gov
Pay your fees on line at httbs://prd:chfs.ky.gov/rad epay/
GP1724
,______,,___,,.,...,..,._______
~-----------


Dr. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244
~close, disseminate; copy or print its contents, If you receive this e-mail in error, please notify the sender by reply e-mail and
~te and destroy the message.
,
------------ ------------------

To: Kalt, Brian

The 2 mrem/nr on contact dose rate reading is what we were led to believe this sludge read from others in WV.
~' I would be more .than happy to contact Reliance or Summit on your behalf and inquire as to whether they still
I . . .ned these samples.
I
'
GP1725

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax: 502-'564-1492
E..:mail: curt.pendergrass@ky.gov
.---- weosife: ffffPfl7www.cnf5.RV:imVZC1on/f'aai0aeTIW:tmn~ ~~~---~-H - -
'
---~~~~ --~--- ~~~--~--~~~~~-~-
---- ---~~--
Be notified of proposed regulation changes https://secure.kentuckv.gov/Regwatch/

unwanted sources http://www.crcpd.org/StateServices/SCATR.aspx
Dispose of ,;
.
.
.
'

TO: Pendergrass, Curt (CHFS DPH)
Dr. Pendergrass,
radiographic i.nspection, the.radiation spreads out a.s ittravels awayfrom the source. Th. erefore,the intensity
of the radiation follows Newton's Inverse Square Law. This law accounts for the_ fact that the intensity of
radiation becomes weaker as if spreads out from the source since the same about of radiation becomes
spread over a larger area. The intensity is inversely proportional to the distance from the source,
W"'
With a known dose rate readtng at a given distance from the source (at contact, say 0.25", or 0.0208 feet), the fixed law
1000 rem.
(Distance where you want to calculate the dose rate, ft}"2
6
GP1726
If you were. standing on the sludge for one hour, the dose would be 2mrem
flvou were standing 1 ft from the source for one hour, the dose would be:
Dose= (2 mrem/hr)*(0.0208 ft)"2 . = 0.000866 mrem, or 0.866 rem
(1 ft away)"2
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
~rce reading:
2 mrem/hr@ contact (assumed 0.25" from source)
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
.ee
and destroy the message.
GP1727

To: Kalt, Brian

~-what-we~wefe~feally~i'l0piAg..t0~find.-SomethiRg~t-hat~aGtually;..puta..numberJ:~the,actuaLpCi{~fac.Ra:22..6__arulB_g-228 .
the samples ifthey are available.
'
information on what type of survey instrument you were using when you tookthe surveys referenced below (make,
model, calibration date). If.you took a background with this instrument, what did it read? You indicated you tookyour
In the second half of2015, FBP's sludge had exhibited very, very low levels of naturally occurring radiqactive
material above background. The average reading of all samples {1 foot from the sludge) was only Q,2267 R/hr
(0.0002267 mR/hr). The highest reading (lfoot from the sludge) was only 0.8652 R/hr {0.0008G52 mR/hrl As
published by the Nuclear Regulatory Commission {NRC) and United States Environment Protection Agency (EPA),
both readings are lower than the dose.of drinking several glasses of beer per hour (0.07 mR per beer), and
Thanks again for your cooperation and assis.ta.nce in this matter,
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Pay your fees on line at https:ljprd.chfs.ky.gov/rad epay[
Dispose of l:lnwanted sources http:ljwww.crcpd.org[StateServices/SCATR.aspx
-.......,-,...,.........,.~----,.,......-.~.---
"-------~-


8
GP1728
Gentlemen,
# a s e see the responses in green to your questions below.

1.
Each box can hold up to .25 yards. Length 20', Height 6' and Width 8'. Empty Weight is 9,000 lbs.
2.

3.
4.
FBP uses sodium sulfate; a soluble compound wbose predominant use is in the manufacture of powdered soaps, to
capture barium, a toxic constituent in some brines, as barium sulfate and to capture radium, as radium sulfate, to fqrm
' e n soluble barium is converted to insoluble barium sulfate, it's toxic nature becomes so benign that it is used by
x-ray or CT scan.
In 1:he second half of 2015, FBP's sludge had exhibited very, very low levels of naturally occurring radioactive material
mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 tnR/hr). As published by the
than the d.ose of drinking several glasses of beer per hour (0.07 mR per beer), and slightly lower than consuming one
Currently, FBP does not physicaUy dewaterthe sludge on-site. The sludge is removed via pump into standard
dewatering boxes. After some dewatering period on~site, the boxes were received by Advanced TENORM Services for
dewaterlng and solidification, as appropriate to pass paint filter test, and then landfilled. Based on FBP's understanding
- Is there analytical data on the waste available to help us understand the impact that will have on management
of the landfill?
GP1729
'
Kind Regards,
Brian Kalt
President
412-680-6244
From: P.artridge, George (EEC) [mailto:George.Partridge@ky.gov]

..
.
.
..
'
Sent: Monday; February 29,
2016 10:07 AM
Cc: Kalt, Brian
Curt;
Thank you for responding to M.r. Kalt's question.
George Partridge
KDWM
sent: Monday, February 29, 2016 8:53 AM

Hello Mr: Kalt,
KRS 211.862 Definitions for KRS 211.861to211.869. http:ljwww.lrc.ky.gov/statutes/statute.aspx?id=8501

(8) "Naturally-occurring radioactive material" (NORM} means naturally occurring materials not regulated
...
radioactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is , . _
10
GP1730
-9>2 KAR 100:010. Defin.itions for 9.02 KAR. Chapter 10.0. http://www.lrc.state.ky.us/kar/902/100/010.htm
411J{301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.O.R.M., which has
-- Prohibitions -~ Exemption. http://www.lrc.ky.gov/statutes/statute.aspx?id=8502
{3) Naturally-occurring radioactive material (NORM) as defined in KRS 211.862(8) shall be the exclusive
D.ispos.al of TENORM Waste at Facilities in the Region other than the Regional LLRW Disposal
cility
.
..
activities whether it be disposal in place, disposal .in a sanitary landfill, disposal in a licensed TENORM
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
se of unwanted sources http:f/www.crcpd.org/StateServices/SCATR.aspx
11
GP1731
--------.- - - - ---------

To: Kalt, Brian

Mr Kalt:
~-~ramihrS'ervices(eHPS)~--~ . "~ .-~-- --- ~--~-~~-~----~---~--~--~-.~~-~-
1
Thanks,
Danny Anderson
On Feb 27, 2016, at 12:59.PM, Kalt, Brian <BKalt@fairmontbrine.com> wrote:
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed, Its

Sent: Friday, February 26, 2016 5::36 PM
To: Kalt, Brian

Cc: Pendergra!:;s, Curt (CHFS DPH); Anderson, Danny J (EEC); Maybriar, Jon (EEC)
Subject: RE: Phone Call on Febrllary 26, 2016
Hello Brad;
questions you asked and. what I shared with you.
The questions you asked addressed the following items or issues (my response is in blue}:
12
GP1732
'
Our understanding was the waste was serit directly to the landfill.

..
follows:
1.
2.
3.
4.
5.

questions I have or information I need.will be directed to your attention through formal
Thank you,
George
{]eorne P. Partridfle Jr., Pli'D, P.'E., Q'EP

13
GP1733

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
14
GP1734
Sent:
To:
Cc:
Subject:

Wednesday, March 02, 201610:15 AM
Dr. Pendergrass,
Friday will work, but please confirm when you know for sure. The concrete basin is around 20' deep so if you could
bring a "sludge judge" or similar apparatus, we should be able to pull a sufficient volume sample.
Kind Regards,
Brian Kalt
President
412-680-6244
y attachmen ts) are confidential an. d may contain privileged information. If you a.re not an intended reci. pient you must not use,

To: Kalt, Brian
Cc: Partridge, George (EEC); McKinley, Matthew W (CHS-PH); Fowler, Kathy L (CHFS PH)
Subject: RE: Phone Call .on February 26, 2016
wish to accompany us on this sampling trip to your Fairmont, WV fatility. We never go into another agencies jurisdiction
Mailstop HS1C'-A
~kfort, KY 40621
~02-564-3700 ext. 4183
Fax: 502-564-1492
1
GP1735

Dispose of unwaii~ed sources http://www.crcpd.org/StateServices/SCATR.aspx
'

1
-- ..... :ro:,..Pem;le1"g1"assr-curt~~CH~S~DRl::I~. .. .. ... . . . ... . ~-~-.~. ----~~~~-~~~---~---~-~~-------~-""------ .~-.-.~~--~~~~
I
1
Mr. Pendergrass,
Kind Regards,
Brian Kalt
President
Fairmont Brine Processing,LLC
412-680-6244
-----~--------~'
sent: Wednesday, March 02, 2016 9:38 AM

To: Kalt, Brian
Cd Partr.idge, George (EEC);. McKinley, Matthew W (CHS-PH)
SUbject: RE: Phone Call on February 26, 2016
material currently on site that we caii easily access to take a sample of what you are now processing that you would
Currently, FBP does not physically dewater the sludge on-site. The sludge is removed via pump into standard ~
..
GP1736
FBP's understanding of the dewatering process and solidification process, the extrernely low levels of naturally

Mailstop HSlC-A
Frankfort, KY 40621
~502-564-3700 ext. 4183
~: 502-564-1492
E-mail: curt.peridergrass@ky.gov
3
GP1737
Pay yourfees on line at https:ljprd.chfs.ky.gov/rad epay/

.

t:(): P~ndergrass, Curt (CHFS DPH)
Dr. Pendergrass,
I just spoke with Summit, and they keep samples on file for sixty days unless a clienfrequests a longer period of time
prior to analysis.
Ki.nd Regards,
Brian Kalt
President
Fai.rmont Brine Processing, LLC
412~680~6244
The inf()rmation contained in this e-mail is intended only for the individual or, entity to whom it is addressed. Its contents (including.,.
any attachments) are confidential and may contain privileged information. If you are not an intended reC:ipient you must not use, .
disclose, disseminate, copy or print its contents . If you receive this e-mail. in error, please notify the sender by reply e~mail ar:id
deiete and destroy the message.
'
,'
F~om: Penc:IE;?rgrass, Curt (~HFS PPH) [mailto:CurtPeilderqrass@ky.gov]

Se11t: Wednesday, March 02, 2016 9:0SAM
Kalt, Brian
Cf::;d>artridge, George (EEC); McKinley, Matthew W (CHS-PH)
To:
Thank you sir.

Supervisor, Radioact.ive Materials Section
Kentucky Radiation Health .Branch
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
E-'mail: curt.pendergrass@ky.gov
Website: http://www.chfs.ky.govI dph/radioactive .htm
GP1738
------------------------------

Dispose of unwan!ed sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
I-

Sent: Wednesday, March_02, 2016 9:06 AM
Cc: Partridge,_ George (EEC); McKinley, Matthew W (CHS-PH)
subjed:: RE: Phone CalloflFebruary 26, 2016
Dr. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244
e information_ contained in this e-mail is intended only forthe individual or entity to whom it is addressed. Its contents (including
y attachments) are confidential and may contain privileged information. If you are not an intended recipient you must not use,
sclose, disseminate, copy or print its contents. lfyou receive this e-mail in error, please notify the sender by reply e-mail and
delete and destroy themessage.
From: Pendergrass, Curt (C:HFS DPH) [mailto:Curt.Pendergrass@ky.gov]

To: Kalt, Brian
"Based pn the highest recorded Source reading: 2 mrem/hr@ contact (assumed 0.25" from source)"
You did not answer my question but would you be willing to contad those laboratories where you previously sent this
~ick up the samples. And as long as_ we have your written permission to release these_- samples, assuming _they still
~st, I would be niore than happy to contact Reliance or Summit on your behalf and inquire as to whether they still
GP1739
Mailstop-HSlC-A Frankfort, KY40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-:1492
~~~~~~ . ~~~~. .
.E-mail: curt.pendergrass@kv.gov
Dispose of unwanted sources.http://www.crcpd.org/StateServices/SCATR.aspx
'

Dr. Pendergrass,
Please note, for clarity, the values provided previously were numbers calciilated above backgrouOd. In
of the radiation follows Newton's Inverse Square Law .. This law accounts for the fact that the intensity of
In industrial radiography, the intensity at one distance is typically known and it is necessary to cakulate the
With a known dose rate reading ~t ~ given distance from the source (at contact, say 0.25", or 0.0208 feet), the fixed law
1000 rem.
(Distance where you ~~nt to calculate the dose rate, ft)"2
6
GP1740
' flvou were standing on the sludge for one hour, the dose would be 2mrem
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away)"2
= 0.000866 mrem, or 0.866 rem
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough .
..,mples: (Time exposed to source)

Source reading: 2 mrem/hr @ contact (assumed 0.25" from source)
Dose= (2 mrem/hr)*(0.083 hrs)* (0.0208 ft)"2
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
~ttachments) are confidential and may contain privileged information. If you are not an intended recipient you must not use,
~lose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
GP1741

To: Kalt, Brian
Subject: FW: Phone call on february 26, 2016
Unfortunately, looking through the analysis results from both Reliance Laboratories and the Summit Erwiro11mental .
Technologle.s Laboratorie~ 1 d~n'tsee \;h~re any radiochemical analysis on any of thi; ~aterial was performed which is
from a certified referenced lab would be great to have. Would you mind reaching out to these two companies an~
In the second half of 2015, FBP's sludge had exhibited very, very .low levels of naturally occurring radioactive
publ.ished _by the Nude. ar.Regulatory Comm'.ssio.n (NRC} arid United States Environn'!entProtection Agency (EPA),
both readings are lower than the dose of dnnkmg several glasses of beer per hour (0.07 mR per beer), and
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502~564-1492
Pay your fees on line at https:ljptd;thfs.ky.gov/rad epay/

8
GP1742

-tlemen,
1. A description of the containers used for.the shipment of the waste.

3.
4.
~insoluble sludge. This chemical precipitation process also removes sand and some hydrocarbons. This sludge has
- - n determined to be non-hazardous.
x-ray or CT scan.
radium 1J11ith barium, FBP monitors the sludge with a handheld detector. In 2014 and early 2015, FBP's sludge had no
levels of naturally occurring radioactive materials
above background.
This sludge is. similar
in nature to sludge generated
.
.
.
\
above background. The average reading of all samples (1 foot from the sludge) was only 0.2267 R/hr (0~0002267
dewatering and solidification, as appropriate to pass paint filter test, and then landfilled. Based on FBP' s understanding
he dewatering proces.s and solidification process, the extremely low levels of naturally occurring radioactive
eriaJs were to be eliminated.
'
5.
Is there ana!ytical data on the waste available to help us understand the impact that will have on management
of the landfill?
9
GP1743
--------
--------
Environmental Protection's (WVDEP) Director, Scott Mandirola. Please see the attached analysis that was conducted o.....
~
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contents {including

Cc: Kalt, Brian
Crt;
George Partridge
KDWM

Hello Mr. Kalt,
KRS. 211.862 Definiti.ons for KRS 211.861 to 211.869. http://www~lrc.ky.gov/statutes/statute.aspx?id=8501

or as a result ofhuman practices. Naturally occurring radioactive material does not include the natural
10
GP1744
{10) "Region" means the geographical area of the state of Illinois and th~ Commonwealth of Kentucky;
. .2 KAR 100:010. Definitions for 902 KAR Chapter 100. http://www.lrc.state.ky.us/kar/902/100/010.htm

{301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.O.R.M., which has
".'- Prohibitions".'- Exemption. http:/lwww.lrc.ky.gov/statutes/statute.aspx?id::;8502

regulations promulgated pursuant to KRS 211.859 or 211.865, or fails to comply with any order of.the cabinet

.cility
require an analysis of the public health and safety concerns for any proposed. waste management
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http:ljwww.chfs.ky.gov/d ph/radioactive .htm
I
Be notified of proposed regulation changes https:ljsecure.kentucky.gov/Regwat.ch/
' . .ose of ~nwa.nted sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
1.
Ki
~~i\\~Qij
-.nl
11
GP1745

To: Kalt,. Brian
Mr Kalt:
~"~~- tf)_ th_~ ag~l'l.Yresi;ionsibl~ fQr: the enfQrcern~nt of those stcitutes (lnd r:eEulatiom; whichjs _the Cabinet for He_alth and
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
.Fairmont Brine Processing, LLC
412-680-6244
The information contained in this e~mail is intended only for the individual or entity to whom it is addressed. Its
intended recipient you must not use, disclose, disseminate, copy or print its contents. If you receive this e-ma.il in

To: Kalt, Brian
Hello Brad;
12
GP1746
issues permits for contained landfills and they are not to accept any unpermitted waste. lhe DPH

I conduded our conversation by affirming that I am not aware of any concerns regarding how FBP
managed the waste, and that I am only seeking to understand what was received by Blue Ridge LandfiH
follows:
Thank you,
George
(jeor9e P. Partriffee Jr., Pli'D, P.'E., Q,'EP

13
GP1747

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
14
GP1748
Partridge, George {EEC}
-!:=
To:
Subject:
Weems, George (EEC)

Thomas, Richard F (EEC); Partridge, George (EEC)
Manifests so far
So far I have loads almost into February, in fact the 2ih of January.
..
GP1749
-m:.
Partridge, Geor:ge (EEC)

Pendergrass, Curt (CHFS DPH); Kalt, Brian
Sent:
To:
- Cc:
Subject:
Curt,
I would like to accompany you on this visit. Thanks

Office of Environmental Health Services/Radiation, Toxics and Indoor Air Division_
Office: (304)356~4303
Fax: (304) 55.8".0524
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pehdergrass@ky.gov]

Sent: Wednesday, March 02, 2016 10: 11 AM
To: Kalt, Brian
Supervisor; Radioactive Materials Section
. . East Main Street
Mailstop HSlC-A
Frankfort, KY 40621
----,
--
~--
GP1750
Tel: 502-564-3700 ext. 4183

Fax: 502-564-1492
Website: http://www.chfs.ky'.gov/dph/radioactive.htm
Dispose
of unwanted
'
,,: .;
.
.
.
..
. ...

Mr. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244
.
.. .
..
disclose, disseminate, copy or print its contents. If you receive this e-mail in error; please notify the sender by reply e-mail and
To: Kalt, Brian

Cc: Partridge, George (EEC); McKinley, Matthew W (CHSPH)
Subject: RE: Phone Call on February 26,.2016

tr~mspired. But thanks for checking on the samples with Summit and Reliance just the same. Looking back your earlier emails, you mentioned that the sludge was being dewatered on site in dewatering boxes. Do you have any of this sludge
min..d. us coming tog.et? I am not familiar wit. h your facility but I really don't ~ish to get in a ~oatto float on your settling.
GP1751
dewatering boxes. After some dewatering period on-site, the boxes were received by Advanced IENORM
FBP's understanding of thedewatering process and solidification process, the extremely low levels of naturally
occurring radioactive materials were to be eliminated ..

1
East Main Street

lstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
GP1752
Fax: 502-564-1492
Dispose of unwanted sources http:/fwww.crcpd.org/StateServices/SCATR.aspx

Sent: Wednesday, March 02, 2016 9:11 AM:
To: Pendergrass, Cl1rt (CHFS DPH)
Dr. Pendergrass,
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
The informati<;m contained in this e~mail is intended ohly for the individual or entity to whom it is addressed. Its contents (in~ll.lding
any attachments) are confidential and may contain privileged information. If you are not an intended recipient you must ri~{lJse,
de,ete and destroy the message.

h:~~B~n
..
Cc: Partridge, George (EEC); McKinley; .Matthew W (CHS-PH)

Thank you sir.
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
GP1753
...Jl.vour fees on line at https://prd.chfs.ky.gov/rad epay/
~otified of proposed regulation changes https:Lfsecure.kentucky.gov/Regwatch/

Dr. Pendergrass,
Kind Regards,
Brian Kalt
President
.12-680-6244
any attachments) are confidential and may contain privileged information. If you are not an intended recipient you must riot use,

To: Kalt, Brian
"Based on the highestrecorded Source reading: 2 mrem/hr@ contact (assumed 0.25" from source)"
~ did not answer my question but would you be willing to contact those laboratories where you previously sent this
_.,ne FBP sludge for analysis to see if they retained a sample of that material and if so, would they mind releasing that
5
GP1754

~~ _______ JY1~.!l_~~Q-~ HS1~~A________
~~="=-=,-~,--.~-~-7- -~~~----~~------~=-c---"~_____,___-~
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
E-mail: curt.f)endergrass@ky.gov
Website: httP:llwww.chfs.ky.gov/dph/radioactive.htm
Pay your fees on line at.https://prd.chfs.ky.gov/rad epay/
Be noti.fied of proposed regulation changes https://secure.kentucky.gov/Regwatch/
'
-;',
From: Kalt, Brian [maUto:BKalt@fairmogtbrine.com]

C~: Partridge, George (EEC); McKinley, Matthew W (CHS-PH)
Dr. Pendergrass,
11
11
D2
D2
. 1
With a _known dose rate reading at a given distance from the source (at contact, say 0.25", or 0.0208 feet), the fixed law
1000rem.
Radiation dose= (Dose Rate. mrem/hr)*(Distance of the known dose rate. in feet)A2
6
GP1755
#pies: (Distance from source)

If you were. standing 1 ft from the source for one hour, the dose would be:
Dose= (2 mrem/hr}*(0.0208 ft}"2
(1 ft away}"2
= 0.000866 mrem, or 0.866 rem
Dose= {2 mrem/hr}*(0.0208ft}"2
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
. o t e , at this distance, the reading would not be measured above background, as the detection equipment is not
--esitive enough.
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
--~~~~~--~~~~
7
GP1756
From:
Pendergrass, Curt (CHFS DPH) [mailto:Curt.Penderqrass@ky.gov]

To: Kalt, Brian
Subject: FW:- Phone Call on February 26, 2016
~-~--~----~-~---=-=---~---~~~-_..,,._-,------,--_-~..,,..,,---~~--~"-~--,,."-,..-=r=<r---=~-~.,~------==o~='""~""""~--~-=--.-~------=----=-=--~
-----~------ ___________ ----~~~~-~~-~---~~-
what we were really hoping to find. Something that actually put a number to the actual pCi/g for Ra-226 and Ra~228
radiochemical_ analysis by our Environmental Monitoring laboratory? We would be more than happy to come pick up
readings 1 foot from the sludge. Is that 1 foot from t~e sludge samples before you sent them to Reliance and Summit or
In the _second half of 201-5, FBP's sllJdge h-a_d ex_h_ ibited very, very low levels of natural-ly o-c.curring radioac.tiv_e ___
material above background. The average reading of all samples (1 foot from the sludge) was only 0.2?67 R/hr
(0.0002267 mR/hr). The highest reading (1 foot from the sludge) was only 0,8652 R/hr (0.0008652 mR/hr). As
Regards,
Supervisor, Radioactive Materials Section_
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
GP1757
From:
. . .t: Monday, February 29, 2016 3:33 PM

~~Partridge, George
(EEC); Pendergrass, Curt (CHFS DPH)

Gentlemen,
'
Each box can hold up to 25 yards. length 20', Height 6' a.nd Width 8'. Empty Weight is 9,000 lbs.
3.
4.
...... _ uses sodium sulfate, a soluble compound whose predominant use is in the manufacture of powdered soaps, to
barium, a toxic constituent in some brines, as barium sulfate and to capture radium, as radium sulfate, to form
-~ture
When soluble barium is converted to .insoluble barium sulfate, it's toxic nature becomes so benign that it is used by
x-ray or CT scan.
FBP' s sludge has been fairly consistent since operations began in 2013. Because of the possible co-precipitation of
above background. The average reading of all samples (1 foot from the sludge) was only 0.2267 R/hr (0~0002267
Nuclear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA), both readings are l()Wer
banana (0.009863 mR per banana) .
.-.ilrrently, FBP does not physically dewater the sludge on-site. The sludge is removed via pump into standard
~atering boxes. After some dewatering period on-site, the boxes were received by Advanced TENORM Services for
dewatering and solidification, as appropriate to pass paint filter test; and then landfilled. Based on FBP's understanding
GP1758
5.
Is there analytical data on the waste availab_le to help us understand the impact that will have on management'
of the landfill?
Kind Regards,
Brian Kalt
President
412-680~6244
The information contained in this e-mail Is intended only for the individual or entity to whom it is addressed. its contents (including
Froh1: Partridge, George (EEC) [mailto:George.Partridge@fsy.gov]

Cc: Kalt, Brian
Subject: RE:
Phone Call on February 26, 2016
Curt;
George Partridge
KDWM

Cc: Partridge,. George (EEC); Maybriar, Jon (EEC)
Subject: RE:
Hello Mr. Kalt,


10
GP1759
(8} "Naturally-occurring radioactive material" (NORM} means naturally occurring materials not regulated
~ioactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
technologically enhanced by controllable practices (or by past human practices};
902 KAR 100:010. Definitions for 902 KAR Chapter 100. http:/lwww.lrc.state.ky.us/kar/902/100/010.-htm
(3} Naturally-occurring radioactive material (NORM} as defined in KRS 211.862(8) shall be the exclusive

1
issued p.ursu antto KRS 211.8..5.9. or KRS 211.8.63 an d 211.865 sha. II be assessed a civil penalty not less than ten
ousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). Each day of the violation
. .noncompliance shall constitute a separate offense.
Central Midwest Interstate low-level Radioactive Waste Commission Regional Management

Plan, Adopted May 1999 (http://www.cmcompact.org/publications/Regional Mgmt Plan.pdf}
_._Disposal of TE NORM Waste at Facilities in the Region other than the Regional llRW Disposal
Facility
-._The public health and safety hazard presented by TE NORM waste is a function of the
activities whether it be disposal in place, disposal in a sanitary landfill, disposalin a licensed TENORM
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
~ 502-'564-3700 ext. 4183
~: 502-564-1492
11
GP1760
Pay yourfees on line at https:ljprd.chfs.ky.gov/rad epay/

T~
Kalt,,_B.r,.,.ia,.,,ob'.._.~~~~~~~~~=~~
Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Thank you for putting this all together;
Kind Regards,
Brian Kalt
President
412-680-6244
The inforn;iation contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its

To: Kalt, Brian
Hello Brad;
12
GP1761

managed the waste, andthat I am only seeking to understand what was received by Blue Ridge Landfill
follows:
1.
2.
3.
4.
5.

Is there analytical data on the waste available to help us u.nderstand the impact that will have on
13
GP1762
Thank you,
..
George
(ieorge P. Partridfie Jr., Pfi1J, P.1:., !!.,PP

Frankfort, KY 40601
~,~______________.(5ll2)~5Jl.4~6Zt6-ext.~465:1~~~~----- ---~---~-~~--~----~~-~-----~--------~~~-~---------
c __ -
-~--~-------~--~-----
<imageOOl.gif>
14
GP1763
9tridge, George (EEC)

.rom:

Frame, Jason R
Sent:
To:
Cc:
Subject:
Thanks Jason. I would very much appreciate your accompaniment and your assistance on our visit to Fairmont Brine.
Hopefully Friday works well for you. The sooner we get these sludge samples to our lab for radioche.mical analysis, the
better.

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax:502-564-1492
. B.e notified of p.roposedregulation changes https://secure.kentucky.gov/Regwatch/
pose of unwanted sources http://www.crcpd.org/StateServices/SCATR.aspx
,-.;
_,..
'
From: Frame, JasonR[mailto:Jason.R.Frame@wv.go\f]

To: Pendergrass, Curt (CHFS DPH); Kalt, Brian
Cc: Partridge, George (EEC); McKinley, Matthew w (CHS-PH); Fowler, Kathy L (CHFS PH)

Curt,
Jason R. Frame B.S. R.T. (R), Chief Radiological Health Program

Office: {304)356-4303
Fax: {304) 558-05,24
Email: Jason.R.Fr~me@WV.gov
GP1764
From: Pendergrass, Curt {CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]

To: Kalt, Brian
facility. You said the slu~ge would be easily accessible with proper planning. What would that entail exactly just so we
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-5643700 ext. 418~
Fax: 502~564-1492
Website: http://www.chfs.ky.gov/dph/r'adioactive.htm
Pay your fees on line at https://prd:chfs.ky.gov/rad epay/
-~
From: Kalt,Brian[mailto:BKalt@fairmontbrine.cbm]
Sent: Wednesday, .March 021 2016 10:0.0 AM.
'
Mr. Pendergrass,
The sludge does not accumulate in either of the large ponds you see in the picture below, but rather in the middle of t h e '
picture in what looks like a rectangle ("concrete basin"). With proper planning, we can access the sludge easily. What .
GP1765
Regards,
.rianKalt
President
412-680-6244
The information contained in tfil~ -e~mail is intendei:fonlyfor'the iffdividUal or ehtity-to whom it is ad<;lresse&lts contents-fincluding
disclose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-ma.il and
----~---~~-----~~-----,,-

To: Kalt, Brian
transpired. But thanks for checking on the samples with Summit and Reliance jusfthe same. Looking back your earlier e~
mails, you mentioned that the sludge was being dewatered on site in dewatering boxes. Do you have any of this sludge
81jnd us. co. m_ .i.ng...to get? I am_ no_ t f.amiliar w_ith. yo.r fad.lity but I really do.n't _w_ ish to get in. a.. boat to float oil you r settl-ing
~nd or don scuba gear to take sludge sample at the bottom of a deep settling pond. The picture of the pond on your
website looks.like it Would be diffkultto sample.
Currently, FBP does n9t physically dewater the sludge on-site. The sludge is removed via pump into standard
dewatering bo)(es. After some dewatering period on-site, the boxes were received by Advanced TENORM
Services for d~watering and solidification, as appropriate to pass paint filter test, and then landfilled. Based on
FBP's understanding of the dewatering process and solidification process; the extremely low levels of naturally
occurring radioactive materials were to.be eliminated .
GP1766

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
E-mail:curt.pendergrass@kv.gov
Be notified of proposed regulation changes https://secure.kentucky.gov /Regwatch/
Dispose of unwanted sources http://www.crcpd.org/StateServices/SCATR;aspx.
4
GP1767
'
~~~It, B:~:allto:BKalt@fuinnonllirine.com]

Dr. Pendergrass,
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only forthe individual or entity to whom it is addressed. Its contents (including
disclose, diss.e. minate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
~
From: Pendergrass, Curt (C:HFS DPH) [mailto:Curt.Pendergrass@ky.gov]

To: Kalt, Brian
Cc: Partridge; George(EEC); McKinley, Matthew W (CHS-PH)
Thank you sir.
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
~your fees on line at https://ptd.chfs.ky.gov/rad epay/
. .notified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
Dispose of unwanted sources http:/fwww.crcpd.org/StateServices/SCATR.aspx
GP1768
~-_______,__--'-----________~----'--~'
Kind Regards,
Brian Kalt
President
412-680.:6244
The information contained in this. e-mail is intended only for the individual or entity to whom it is addressed. Its contents (including
disclose, disseminate, copy or print its contents. lfyou receive this e-mail in error, please notify the sender by reply e~mail and

To: Kalt, Brian
Thank you Mr. Kalt forthe thorough explanation of the inverse square law. And thank you for letting us know that the
on-contact dose rate reading With the Fairmont Brine Processing sludge did indeed read 2 mrern/hr.
"Based on the highest recorded Source reading: 2 mrem/hr @ contact (assumed 0.25" from source)"
same FBP sludge for analysis to see-if they retained a sample of that material and if so, would they mind releasing that
material to our office for radiochemical analysis? As I said, we would be more tha.n happy to make the drive to OH or WV
to pick up the samples. And as
long
as we have your
written permission to release these samples, assuming they
still
.
.
.
. .
exist, I would be more than happy to contact Reliance or Summit on your behalf and inquire as to whether they still.
Please let me know about the samples and thank you once again for your cooperation and assistance iri this matter,
GP1769

~pervisor,. Rad.ioactive Materials Section
.tucky Radiation Health Branch
. 7 5 East Main Street
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http:t/www.chfs.ky.gov/dph/radioactive.htm
Dispose of unwante.d sources http:ljwww .crcpd.org/StateServices/SCATR.aspx


Dr. Pendergrass,
diographic inspection, the radiation spreads out as it travels away from the source. Therefore, the intensity
the radiation follows Newton's Inverse Square Law. This law accounts for the fact that the intensity of
intensity at a second di.stance. Therefore, the equation tak.es on the form of:
1000 rem.
7
GP1770
'
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away)"2
= 0.000866 mrem, or 0.866 rem
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.

lfyou were standing on the source for 5 minutes {;083 hours), the dose would be 0.166 mrem.
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
GP1771

: Kalt, Brian
: Partridge, George (EEC); McKinley, Matthew W (CHS-PH)
'
what we~were really hoping to-find;Something that actually put a number to the actual pCi/g for Ra;;226 and Ra~228
In the secorid half of 2015, FBP's sludge had exhibited very, very low levels of naturallyoccurring radioactive
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
.fa
1
.~n [mailt;,:BKalt@falnnontbrine.rom]

9
GP1772
Gentlemen,
Each box can hold up tci 25 yards. Length 20', Height 6' and Width 8'. Empty Weight i.s 9,000 lbs.
2.
Wh() mani.JfacturedfheSfiipping containers r-. --

3.
Air Division, AdvancedTENORM Services picked up 865.33 tons of material.
4.
FBP uses sodium sulfate; a soluble compound whose predominant use is in the manufacture of powdered soaps, to
x.:ray or CT scan.
radium with barium, FBP monitors the sludge with a handheld detector. In 2014 and early 2015, FBP's Sludge had no
at a typical drinking water trecitment plant.
In the second half of 2015, FBP' s sludge had exhibited very, very low levels of naturally occurring radioactive material
above background. The average reading of all samples (1 foot from the sludge) was only 0.2267 R/hr {0.0002267
mR/hr). The highest reading (1 foot from the sludge} was only 0~8652 R/hr {0.0008652 mR/hr). As published by the
Nuclear Regulatory Commission {NRC) and .United States Environment Protection Agency (EPA), both readings are lower
than the dose of drinking several glasses of beer per hour {0.07 mR per beer), and slightly lower than consuming one
banana {0.009863 mR per banana).
dewatering boxes. After some dewatering period on..:site, the boxes were received by Advanced TENORM Services for
of the dewatering process and solidification process, the extremely low levels of naturally occurring rcidioactive
5.
Is there analytical data on the waste available to help us understand the impact that will have on management'
of the landfill?
10
GP1773
I:_
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individ1.1al or entity to whom it is addressed. Its contents (including

Cc: Kalt, Brian
.bject: RE:' Phone Call on February 26, 2016

Curt;
George Partridge
KDWM

Cc: Partridge, George (EEC);.Maybriar, Jon (EEC)

Hello Mr. Kalt,

..-...9s a result of human practices. Naturally occurring radioactive material does not include the natural
I
'.
~-ioactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
.technologically enhanced by controllable practices (or by past human practices);
11
GP1774
----------
902KAR100:010: Definitions for 902 KAR Chapter 100. http:llwww.lrc.state.ky.us/kar/902/100/010.htm '
-- Prohibitions -- Exemption. http:llwww.lrc.ky.gov/statutes/statute.aspx?id=8502
KRS 211.869 Penalties. http:llwwwJrc~ky.gov/statutes/statute.aspx?id=8505
Central Midwest Interstate Low".'Level Radioactive Waste Commission Regional Management
__Disposal of TE NORM Waste at Facilities in the Region other than the Regional LLRW Disposal
Facility
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: htfo:Hwww .chfs.ky;gov/dph/radioactive.htm
Dispose of unwanted sources http:ljwww.crcpd.org/StateServices/SCATRaspx
"'
-;'1i:
12
GP1775

: Kalt, Brian
Subject: Re: Phone call on February 26, 2016
'
Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt.
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed, Its
To: Kalt, Brian

Subject: RE: Phone Call on February 26, 201.6
Hello Brad;
13 .
GP1776
------------ ----------------
'
issues permitsfor contained landfills and they are not to accept any unpermitted waste. The DPH

managed the waste, and that I am only seeking to understand what was received by Blue Ri<;lge Landfill
questions I am seeking to address irt my role as a permit engineer with the Solid Waste Branch are as
follows:
without a written request from KOEP. l_am also glad you contacted me today and we got a chance to
briefly address questions y()u have. We are both seeking to understand better what has happened and
Thank you,
George
<jeor9e P. Partrirfae Jr., Pfi1J, P.'E., Q'EP

GP1777
Cc:
Subject:

Friday is fine, but I'm not s9 sure about the sludge being easily accessible.

Charleston, WestVirginia 25301
Office: {304)356-4303
Fax: (304) 55g..:0524

To: Frame, Jason R
Thanks Jason. I would very much appreciate your accompaniment and your assistance on our visit to Fairmont Brine.
Hopefully Friday works well for you. The sooner we get these sludge samples to our lab for radiochemical analysis, the
better.
Mailstop HSlC-A
Frankfort, KY 40621
~I: 502-564-3700 ext. 4183
9"ax: 502-564-1492
1
GP1778

Dispose of u.nwallted sources http://www.crcpd.org/StateServices/SCATR.aspx
">.:::::

~----ccfPaftriClge;~George
(EEC);-McKifileY,MattfiewW (CHS:;PH);R>wler, Katnyr(CHFS-PHy--- -.. - -- ~----- -- -- -----
-------~------

Curt,

Office: {304)356-4303
Fax: (304) 558-0524
------------------------

To: Kalt, Brian

How about we pay you a visit on Friday Mr. Kalt? I would need to reach out to rny counterparts in WV just to see if they

2
GP1779
- - - - - - - - - - - - - - ---
-~
Mailstop HS1C-A
Frankfort, KY 40621
502-564-3700 ext. 4183
.Ja=
~x:502-564-1492
Pay your fees on line at https:Uprd.chfs.ky.gov/rad. epay/
Sent: Wednesday, March 02, 201610:00 AM

Mr. Pendergrass,
~ . i n d Regards,
Bri.an Kalt
President
412-680-6244

Sent,: Wednesday, March 02, 2016 9:38 AM
To: Kalt, Brian
Sorry to hear that Mr. Kalt but I was thinking that was probably going to be the case giv~n the amount of time that has
transpired. But thanks for checking on the samples with Summit and Reliance just the same. Looking back your earlier e~ails, you mentioned that the sludge was being dewatered on site in dewatering boxes. Do you have any of this sludge
' 9fnaterial currently on site that we can easily access to take a sample of what you are now processing that you would
1
GP1780
Currently, FBP does not physically dewater the sludge on-site. The sludge is removed via pump into standard '
FBP's understanding of the dewatering process and solidificC!tion process, the extremely low levels of naturally

4
GP1781
Mailstop HS1C-A
Frankfort, KY 40621
~: 502-564-3700 ext. 4183
r:~: 502-564-1492
Pay your fees on line at https://prd'.thfs.ky.gov/rad. epay/
Dispose of unwanted sources http:Uwww .crcpd.org/StateServices/SCATR.aspx
----.- - - - - - - .-.-.-------------
----~~


SUbject: RE: Phone can on February 26, 2016
Dr. Pendergrass,
prior to analysis.
Kind Regards,
.rianKalt
President
412-680-6244
disclose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-.mail and

To: Kalt, Brian
Thank you sir.
~pervisor, Radioactive Materials Section
~entucky Radiation Health Branch
Mailstop HS1C-A
5
GP1782
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492


Dr. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244
--------

To: Kalt, Brian
Cc: Partridge,.George (EEC); McKinley, Matthew W (CHS-PH)

GP1783
~terial to our office for radiochemical analysis? As I said, we would be more than happy to make the drive to OH .or WV
~.pick up the samples. And as long as we have your written permission to release these samples, assuming they still
exist; I would be more than happy to contact Reliance or Summit on your behalf and inquire as to whether they still
c_urt Peng~_rgniss Ph[)
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 50.2-564-1492
Web~ite: http:L/www.chfs.ky.gov/dphfradioactive.htm
-~ul1: Kalt, B~ia~ [mailto:BKalt@fairmontb~

~nt: Tuesday, March 01, 2016 5:01 PM

Dr. Pendergrass,
radiati.on becomes weaker as it spreads out from the source since the same about of radiation becomes
intensity a~ a second distance. Therefore, the equation takes on the form of:
.ccordingly, we calculated our maximum dose (measured at 2 mR/hr at sludge contact) as follows:
GP1784
1000 rem.
'
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away)"2
= 0.000866 mrem, or 0.866 rem
Dose= (2 mrem/hr)*(0.0208ftl"2
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
Dose= (2 mrem/hr)*{0.083 hrs) * (0.0208 ft)"2
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
8
GP1785
412-680-6244
e information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contents (including
disclose, disseminate, copy or print its contents. lfyou receive this e-mail in error, please notify the sender by reply e-mail and
--
---
~-
--
From: Pendergrass, Curt (CHFS

[mailto:Curt.Pendergrass@ky.gov]
To: Kalt, Brian

what we were really hoping to find. Something that actually put a number to the actual pCi/g for Ra-226 a.nd Ra-228
. formation on what type of survey instru.ment you were using when you took the surveys referenced below (make,
odel, calibration date). If you took a background with this instrument, what did it read? You indicated you took your
material above background. The average reading of all samples (1 foot from the sludge) was only 0'.2267 R/hr
published by the Nuclear Regulatory Commission (NRC} and United States Environment Protection Agency (EPA),
both readings are lower than the dose of drinking several glasses of be.er per hour (0.07 mR per beer), and
slightly lower than-consuming one banana (0.009863 mR per banana).
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-56473700 ext. 4183
~x:502-564-1492
WE~mail: curt.pendergrass@ky.gov

9
GP1786
'

Gentlemen,
1.
2.

3.
Air Division, Advanced TENORM Services picked up 865.33 tons of material
4.
capture barium, a toxic constituent in some brines, as barium sulfate and to capture radium, as radium su,lfate, to form
x-ray or CT scan.
10
GP1787
...8:'atering and solidification, as appropriate to pass paint filter test, and then landfilled .. Based on FBP's understanding
~~t~e dewatering process and solidification process, the extremely low levels of naturally occurring radioactive
5.
Is there analytical data on the waste available to help us understand the impact that will have on management.
of the landfill?
Please s~ethe attache<:I Non-H(3Z<trdous_ W<lst~ Approval Notification Form from the_ West Virginia Department of
the Non-Hazardous
. Material.
.
.
Kind Regards,
Brian Kalt
President
Fairmont .Brine Processing, LLC
412-680-6244
8.isclose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
~elete and destroy the message.
-----,....,........---~----------------
From: Partridge, George (EEC) [rnailto:George.Partridge@ky.gov]

Cc: Kalt, Brian

Curt;
George Partridge
KDWM
------------------

6lubject: RE: Phone Call on February 26, 2016

WHello Mr. Kalt,
11
GP1788
KRS 211.862 Definitions for KRS 211.861to211.869. http:l/www.lrc.ky.gov/statutes/statute.aspx?id=8501
&.
under the Atomic Energy Act of 1954, as amended, whose radionuclide concentrations have been increased byW



Facility
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
12
GP1789
~~~otified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
_IJt
F_r~m: ~ll~~rs9n1 pcinny J. (EEc:)

To: Kalt, Brian

Cc: Partridge, George (EEC); Pendergrass, C:urt (CHFS DPH); Maybriar, Jon (EEC)

Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,

Under KRS 211.862 and 211.863, what levels of naturally occurring radioactive material has Kentutky set
Kind Regards,
Brian Kalt
President
412-680-6244
----------------------.--.-----From: Partridge, George (EEC) [mailto:George.Partridge@ky.gov]

To: Kalt, Brian


13
GP1790
Hello Brad;
'
regulates the management and disposal of radioactive materials and i~ responsible for licensure.

I concluded our conversation by affirming that I am not e1ware of any concerns regarding how FBP
follows:

2.
3.
4.
5.

14
GP1791
Thank you,
. George
<george P. PartridiJe Jr., PfiV, P.'E., Q'EP

. P~g~r_tment tm Environmental Protection
Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
15
GP1792
To:
Cc:
Subject:

Frame, Jason R; Pendergrass, Curt (CHFS DPH)
All,
What time works best for everyone this Friday?
Kind Regards,
Brian Kalt
President
412-680-6244
. l e t e and destroy the message.

Subject: RE.: Phone Call on February 26, 2016
Curt,
.Jason R. Frame B.S. R.T. (R), Chief Radiological Health Program

Office ofEnvironmental Health Services/Radiation, Toxics and Indoor Air Division
Office: (304)356-4303
Fax: (304) 558-0524
GP1793

To: Kalt, Brian
Cc: Partridge, George (EEC); McKinley, Matthew W {CHS-PH); Fowler, Kathy L (CHFS PH)
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax: 502-564-1492


Mr. Pendergrass,
picture in what looks like a rectangle {"concrete basin"). With proper planning, we can access the sludge easily. What
GP1794
Kind Regards,
- a n Kalt
President
412-680-6244
. TheJnformation contained in thise".".mailisintendedonlyforthe.individual or entity.towhom.itis.addressed.Jtscontents (ioc:luding

disclose, disseminate, copy or print its contents. lfyou receive this e..:mail in error, please notify the sender by .reply e-mail and

Sent: Wednesday, March 02, 2016 9:3.8 AM
To: Kalt, Brian
.
.Cc: Partridge, George (EEC); McKinley, Matthew W (CHS~PH)
Sorry to hear that Mr. Kalt but I was thinking that was probably going to be the case given the amount oftime that has
transpired.But thanks for checking on the samples with.Summit and Reliance jusfthe same. Looking back your earlier emails, you mentioned that the sludge was being dewatered on site in dewatering boxes. Do you have any of this sludge
material currently on site that we can easily access to take a sampleof what you are now processing thatyou would
Tnd us c. qm.ing.to get? I am. n. ot fam

.. ilia. r. with your f.ac.ilit.y but I re.ally do.n't. w. ish to get in.a boatto float on yor set.tl.ing
ond or don scuba gear to take sludge sample at the bottom of a deep settling pond. The picture of the pond on your
website fooks like it would be difficultto sample.
Currently, FBP does not physically dewater the sludge on..:site. The sludge is removed via pump into standard .
Services for d~Watering and solidification, as appropriate to pass paint filter test, and then landfilled. Based on
FBP's. understahding of the dewatering process and solidification process, the extremely low levels of naturally
occurring radioactive matedals were to be eliminated .
GP1795

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: htfo:Uwww.chfs.ky.gov/dph/radioactive.htm
4
GP1796
Dr. Pendergrass,
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contents (incluaing
close, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply .e~mail and
lete and destroy the message.

To: Kalt, Brian
Thank you sir.
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
your fees on line at https:Uprd.chfs.ky.gov/rad epay/
. e notified of proposed regulation changes https:ljsecure.kentucky.gov/Regwatch/
.Y
GP1797


--~ar:Pendergrass,-
Kind Regards,
Brian Kalt
President
412-680-6244
-------------

To: Kalt, Brian

Please let me know about the samples and thank you once again for your cooperation and assistance in this matter,
GP1798

___ tucky Radiation Health Branch
r.:
East Main Street

Mailstop HS1C-A
Frankfort, KY 40621
Tet: 502-564-3700 ext. 4183
Fax: 502-564-1492
Dispose of unwanted sources http:ljwww.crcpd.org/StateServices/SCATR'.aspx
To:

Subject: RE: Phone can on February 26, 2016
Dr. Pendergrass,
diographic inspection, the radiation spreads out as it travels away from the sou.rce. Therefore, the intensity
f the radiation follows Newton's Inverse Square Law. This law accounts for the fact that the intensity of
spread oyer a larger area. The intensity is inversely proportional to the distance from the source.
lOOOrem.
Radiation dose
=(Dose Rate, mrem/hr)*(Distance of the known dose rate, in feet)A2

-xamples: (Distance from source)

7
GP1799
(1 ft away)A2
= 0.000866 mrem, or 0.866 rem
(2 ft away)A2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
(10 ft away)A2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.

(1 ft away)A2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
GP1800
------.
--.--------~--
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ey.gov]

Kalt, Brian
Unfortunately, looking through the analysis results from both Reliance Laboratorie.s and the Summit Environmental
from_a_certlfied referencecffob woulcfbe great to-ha\le, \A/ould you mind reaching ol.ri:-tothese two companies and
inquiring as to whethe.r or not they retained the samples from last fall and if so, if our office could acquire a portion for
<
information on what type of survey instrument you were using when you took the surveys referenced below {make,
material above background. The average reading of all samples {1 foot from the sludge) was only 0,2267 R/hr
(0~0002267 mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr)~ As
both readings (lre lower than the dos.e of drinking several glasses of beer per hour (0.07 mR per beer), and

Regards,

Kentucky Ra<;:liation Health Branc.h
Mailstop HS1C~A
Frankfort, KY 4062_1
Tel: 502-564-3700 ext. 4183
Fax: .502-564-1492
Website: http:llwww.chfs.ky.gov/dph/radioactive.htm
.A;::-m: Kalt, Brian [mailto:BKalt@fairmontbrine.com]

Ws~';;t: Monday, February 29, 2016 3:33 PM
9
GP1801
Gentlemen,

3.
After Fairmont Brine Processing's (FBP) Sludge Disposal Plan (Please see attached) was accepted and approved by .Ja.son
4.
FBP uses sodium sulfate; a soluble compound whose predominant use is in the manufacture of powdered soaps, to
an insoluble sludge. This chemicai precipitation process also removes sand and some hydrocarbons. This sludge has
been determined. to be. non-hazardous.
do.ctors as a contrast media to coat esophagus, stomach; or intestine so that diseased or damaged areas <:an be seen by
x-ray or CT scan.
levels of naturally occurring radioactive materials above background. This sludge is similar in nature fo sludge generated
above background. The average reading of all S<Jmples (1 foot from the sludge) was only 0.2267 R/hr (0.0002267
mR/hr). The highest reading {1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As published by the
than the dose of drinking several. glasses of beer per hour (0.07 mR per beer), and slightly lower than consuming one
dewatering boxes. After some dewatering period on-,site, the boxes were received by Advanced TENORM Services for
of the dewatering process and solidification process, the extremE!IY low levels of naturally occurring radioactive
5.
of the landfill?
10
GP1802
Kind Regards,
Brian Kalt ..
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its con.tents (induding
disclose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the senderby reply e-mail and
Sent: Monday, February 29, 201610:07 AM

Cc: Kalt, Brian
.ubject_: RE: Phone Call on February 26, 2016
Curt;
George Partridge
KDWM

Hello Mr. Kalt,
KRS 211.862 Definitions for KRS 211.861to211.869. http:l/www.lrc.ky.gov/statutes/statute.aspx?id=8501

.Jajr as a result of human practices. Naturally occurring radioactive material does not include the natural
wradioactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
11
GP1803
902KAR100:010. Definitions for 902 KAR. Chapter 100. http://www.lrc ..state.ky.us/kar/902/100/010.htm
A...
(301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.O.R.M., which has . . .
-~-(3)~Naturatiy:occurrlng.racffuact:lvemaTeria1
(f..fo~rf!Vi) as definecfin.KRS :n:i:S62{8) shaTfl)ethe-exclusTve . ~-~~-- --
KRS 211.869 Penalties. http:ljwww.lrc.ky.gov/statutes/statute.aspx?id=8505

Central Midwestlnterstate Low-Level Radioactive Waste Commission Regional Management

Facility
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Pay your fees on line at https://prd.chfs.ky;gov/rad epay/
Dispose of u_11.wanted sources http:f/www.crcpd.org/StateServices/SCATR.aspx
M ..
<':'.':-~:,,.
~'nett
12
GP1804

: Kalt, Brian
Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Und:er KRS 211.862 and 211.863, what levels of naturally occurring radioactive material has Kentucky set
Kind Regards,
Brian Kalt
President
412-680-6244
contents (including any attachments) are confidential and may contain privileged informr;ition. If you are not an
intended recipient you must not use, disclose, disseminate, copy or print its contents. If ybu receive this e-mail in
Sent: Friday, February 26, 2016.5:36 PM
To: Kalt, Brian
.
Cc: Pendergrass, Curt (CHFS DPH); Anderson, Danny J (EEC); Maybriar, Jon {EEC)
Subject: RE: Phone Call
February 26, 2016
on
Hello Brad;
13
GP1805
We received calls from Ohio that shared TENO RM. waste was being shipped from Ohio to Kentucky. One
contact shared that TENORM waste was also being shipped from WV as well and referred us t<? Jason
Our understanding wa,s the waste was sent directly to the landfill.
What fees did the landfill charge for the wa_ste disposal?

follows:
1. A description of the contain.ers used for the shipment of the waste.

4. Was all the waste similar iri nature?
5. Is there analytical data on the waste available to help us understand the impact that will have on'
management of t_he landfiil?
Thank you,
George
<;ieor9e P. Partridfle Jr., PfiV, P.'E., Q,'EP

14
GP1806
To:
Cc:
Subject:

Kalt, Brian; Pendergrass, Curt (CHFS DPH)
Partridge, George (EEC); McKinley, Matthew W (CHS-PH); Fowler, Kathy L {CHFS PH)
I will work around whatever time KY chooses.

Office: (304)356-4303
Fax: (304) sss..:0524

To: Frame, Jason R; Pendergrass, Curt (CHFS DPH)
All,
What time works best for everyone this Friday?
Kind Regards,
Brian Kalt
President
a.airmont Brine Processing, LLC
. 12-680-6244
GP1807
&,.

-~-~cf Partridge;Georgec'tEEC);
Ma<irirey;rvrattnewW~(t:fl~:pR);-rowter, l@hy-[ lCAFS~PAr~---~.

Curt,
Jason R. Frame B.S.R.T. (R), Chief Radiological Health Program

Office of Environmental Health Services/Radia.tion, Toxics and Indoor Air Division
Office: (304)356-4303
Fax: (304) 558-0524
Email: Jason.R.Frarne@WV.gov
To: Kalt, Brian


.Supervisor, Radioactive Materials Section
2
GP1808
Mailstop HS1C-A
Frankfort, KY 40621
~: 502-564-3700 ext. 4183
~: 502-564-1492
E:rnail: curt.pendergrass@ky.gov
Pay your fees on line at https:flprd.chfs.ky.gov/rad epay/
Dispose of ~nwanted sources http:Uwww.crcpd.org/StateServices/SCATR.aspx
From: Kalt,
[mailto:BKalt@fairmontbrine.com]
Sent: Wednesday, March 02, '201610:00 AM
Mr, Pendergrass,
..
day would work for you and or your team? .
Cd
.
Regards,
~ianKalt
President
412-680-6244
disclose, disseminate, copy or print its contents, Ifyou receive this e-mail in error, please notify the. sender by reply e-mail and

Sent: Wednesday, March 02, 2016 9:38 AM.
To:. Kalt, Brian

transpired. But thanks for checking on the samples with Summit and Reliance just the same. Looking back your earlier e~ails, you mentioned that the sludge was being dewatered on site in dewatering boxes. Do you have any of this sludge
~terial currently on site that we can easily access to take a sample of what you are now processing that you would
GP1809
--
----
-----------
occurring radioactive materials were to be eliminated. ,

GP1810
Mailstop HSlC-A
Frankfort, KY 40621
, ~: 502-564-3700 ext. 4183
~: 502-564-1492
E-mail:.curt.pendergrass@ky.gov
Pay your.fees on line at https://prd'.chfs.ky.gov/rad epav!
Dispose of unwan!ed sources http://www.crcpd.org/StateServices/SCATR.aspx
From:..Kalt, Brian [mailto:BKalt@fairmontbrine.com]

.
. ...

Dr. Pendergrass,
prior to analysis.
-Kind Regards,
.ianKalt
President
412-680-6244
The information contained in this e7mail is intended only for the individual or entity to whom it is addressed. Its contents (including
disclose, disseminate, copy or print its co.ntents. If you receive this e-mail in error, please notify the sender by reply e-mail and

To: Kalt, Brian
Thank you sir.
..&upe. rvisor, Radioactive Materials Section
~ntucky Radiation Health Branch
Mailstop HSlC-A
5
GP1811
Frankfort, KY 40621
Tel; 502-564-3700 ext. 4183
Fax: 502-564-1492
Dispose of u~~nted sources http://www.crcpd.org/StateServices/SCATR.aspx


Dr. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244
Tt)e information contained in this e-mail is intended only for the individual or entity to whom. it is addressed. Its contents (including
any attachments) are confidential and may contain privileged information. If you are not an intended recipient you mustnot use,

To: Kalt, Brian
"Based on the highest recorded Source reading: 2 mrem/hr@ contact (assumed 0.25'' from source)"
GP1812
,.aiterial to our office for radiochemical analysis? As I said, we would be more than happy to make the drive to OH or WV
..::pick up the samples. And as long as we have your written permission to release these samples, assuming they still
Please let me know about the samples and .thank you once again for your cooperation and assistance in this matter.
.Curt PencleJgra~~J'b_D
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-5.64-1492
om:

nt: Tuesday, March 01, 2016 5:01 PM
Dr. Pendergrass,
2
D2
D2
1
-ccordingly, we calculated our maximum dose (measured at 2 mR/hr at sludge contact) as follows:
GP1813
1000 rem.
Radiation dose= (Dose Rate, mrem/hr)*(Distance of the known dose rate, in feet)l\2
(Distance where you want to calculate the dose rate, ft)l\2
Dose= (2 mrem/hr)*(0.0208 ft)l\2
(1 ft away)l\2
= 0.000866 mrem, or 0.866 rem
Dose= (2 mrem/hr)*(0.0208ft)l\2
(2 ft away)l\2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
(10 ft away)l\2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.083 hrs)* (0.0208 ft)l\2
(1 ft away)A2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
8
GP1814
412-680-6244
,. _. -
----------.___,. ,.
---------~~..,.,,.,..."="""~~~~....,,.,,~--

To: Kalt, Brian
Thank you Mr. Kai~ for sending along the attached documentation and especially the results of the sludge analysis.
Unfortunately{ looking through the analysis results from both Reliance Laboratories and the Summit Environm.ental
Technologies Laboratories I don'tsee where any radiochemical analysis on any of this material was performed which .is
~formation on what type of survey instrument you were using when you took the surveys referenced below (make,
,..odel, calibration date). If you took a background with this instrument, what did it read? You indicated you took your
readings 1 foot from t.he sludge. ls that 1 foot from the sludge samples before you sent them to Reliance and Summit or
. published by the Nuclear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA),
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
~x:502-564-1492
9"-mail: curt.pendergrass@ky.gov
Website: http://www.chfs.ky .govI dph/radioactive.htm
Pay your fees on line at https://prd.chfs.ky.gov/rad epavL
9
GP1815


-~ --
- ~"=,~-,,~-~-"7""-=-=~~=* ------- -~~~--~-~~"""""""~~...,...,,.~.....__,,_,____,,-=--- ~----~- --~-- ---~-- _______ . .,_ - - ,_ ~ ----- ~--~~-=-=e=-"="=-=-~---~--;-----.,.~~-=--e!-- - - -- _;:-__ ~...,,.~~~~~
Gentlemen,
1.
2.

3.
What was the total quantity ofwaste shipped in the 47 shipments that were received by Blue Ridge Landfill
4.
capture barium, a toxic constituent in some brines, as barium sulfate an(:! to capture radium, as radium sulfate, to form
been determined to tre non-hazardous.
When soluble barium is converted to insoluble barium sulfate, it's toxic nature becomes so benign that it is used. by
x-ray or CT scan.
FBP's sludge .has been fairly consistent since operations began in 2013. Because of the possible co-precipitation of
levels of naturally occurring radioactive .materials above background. This sludge is similar in nature to sludge generated
Nuclear Regulatory Commission (NRC} and United States Environment Protection Agency (EPA), both readings are lower
banana (0.009863 mR per banana),
10
GP1816
dewatering boxe.s. After some dewatering period on-site, the boxes were received by Advanced TENORM Services for
~~atering and solidification, as appropriate to pass paint filter test, and then landfilled. Based on FBP's understanding
~he dewatering process and solidification process, the extremely low levels of naturally occurring radioactive
5.
of the landfill?
Please~~~ t~~ att<!fl1~<! Nof'}~Hazardo1.1s\Afaste Al:>proval Notification Formftom th~ West Virginia Department of
If anything else is needed, please .let us know.
Kind Regards,
Brian Kalt
President
412-680-6244
. any attachments) are confidential and may contain privileged information. If you are not an intended recipient you must not use,
A.iisclose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
~elete and destroy the message.
.
.

Cc: Kalt, Brian
Curt;
George Partridge
KDWM

1
. e l l o Mr.
Kalt~
11
GP1817
KRS 211.862 Definitions for KRS 211.861 to 211.869. http:/lwww.lrc.ky.gov/statutes/statute.aspx?id=8501

11
{8) Naturally-occurring radioactive material" (NORM) means naturally occurring materials not regulated
under the Atomic Energy Act of 1954, as amended, whose radionuclide concentrations have been increased b
technologically enhanced by controllable practices {or by past human practices);
902 KAR 100:010. Definitions for 902 KAR Chapter 100. http:/lwww.lrc.state.ky.us/kar/902/100/010.htm
{301) 11 Technically Enhanced Naturally Occurring Radioactive Material 11TENORM 11 means N.O.R.M., which has
(3) Naturally-occurring radioactive material {NORM) as defined in KRS 211.862(8) shall be the exclusive
(1) Any person who fails to complywith any provision of KRS 211.859 or 211.863, or with any administrative
thousand dollars ($10,000) nor more than one hundred thousand dollars ($IOO,OOO). Each day of the violation
Facility
Regards,
Kentucky Radiation Health Bra,nch
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
12
GP1818
~your fees on line at https:l/prd.chfs.ky.gov/rad epay/
~~otified of proposed regulation changes https:f/secure.kentucky.gov/Regwatch/
f_!()l!I: .A11de,rs()n1 Danny J (Ege)

To: Kalt, Brian
Cc: Partridge, George (EEC); Pendergrass, Curt (CHFS DPH); Maybriar, Jon (EEC).
Mr Kalt:
to the agency responsible for the enforcement of those statut_es and regulations which is the Cabinet for Health and
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412~680-6244
error, please notify the sender by reply e-mail and delete. and destroy the message.

To: Kalt, Brian
13
GP1819
Hello Brad;

I concluded our conversation by affirming that I am not aware of any Concerns regarding how FBP
follows:
L
2.
3.
4.
5.

Thank vou again for retamlngmy call yesterday even though you were not able to address my questions
14
GP1820
Thank you,
George
George P. PartrU:fae Jr., Pli1J, P/.E., {!:EP

. Q~p~q_r_tmentfor Envirnomental Protection
Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl .gif>
15
GP1821
-m:
Sent:
To:
Cc:
Subject:
Maybriar, Jon (EEC)

Anderson, Danny J (EEC); Hatton, Tony (EEC)
RE: RE: Safety of Irvine, KY Community
George,
It appears that something has changed since your text on Saturday which stated: "Just
Finished. Appears school building is ok. Will get wipe results Monday. As you go from entrance of school building to
main road entrance counts go up. Also numbers higher as you scan terrain going up toward gate of landfill. Personally
I feel we are seeing contamination from trucks and traffic to and from landfill. I do not see any concerns or .risks to
the public dt1e to present activities. They should go about their normal activities. The risk concern and exposures to
worry about occurred this past year. Will call you late afternoon or early evening and discuss with you/'.
Please work with Danny to schedule a time to meet with me to better understand your
observations and concerns.
Thank you,
Jon

Cc: Maybriar, Jon (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Hendricks, Todd (EEC)
Tony;
to take to protect their safety and well-being until we know more (such as a reconstructive exposure assessment, etc.)
which will be weeks to months in the future.
I am going to list my observations and recommendations belolN and also attached a copy of an email message I sent
,.,
area would include..airborne particulate matter since the entrance to the landfill is directly across from the
GP1822
the school building and started his instruction to the group by stating "We are not here to lookfor particulates."
Matt McKinley instructed Chris Keffer and A. J. Bhattacharya not to take the "back packs" (which were the mosL,,.
sensitive detection equipment that was brought by DPH) across the street which resulted in the grounds of the
school where the grass was, not getting surveyed for deposited particulates.
I also mentioned to Matt McKinley that the schools needed to turn off the HVAC systems, remove the existing
filters and take wipe samples in the ductwork on the upstream side of the filter to check for particulate matter
.A..
: The maintenance workers at the school each time they work on, service, or replace the filters to the HVAC
systems for the school, which for one school e>ccurs on a monthly basis.
! Deposited particulate matter from the landfill and vehicular traffic coming and going from the landfill,
previously deposited on the school grounds; becoming re-suspended this spring when the grasson the school
grounds is cut. The cutting of the grass and related landscape activity will expose both the workers, stt.1dents,
and all fridividuals that niay be present in the vicinity when those activities are conducted.
My message by text on the phone to Danny Anderson, sent to him at 1:58 PM on Saturday, February 27th stated the
following:
"Just Finished. Appears school building is ok. Will get wipe results Monday. As yo1,1 go from entrance of school
concerns or risks to the. public due to present activities They should go abol,lt their normal activities. 'The risk
concern and exposures to worry about occurred this past year. Will call you late afternoon or early eveiiiiig and
discuss with you."
In my text messages I used the word ''public'' in my message and with the words "present activiti~s." I still needed to
discuss the safety and well~bein8. of tbe maintenance workers atthe school who change the filters poter1tially being
exposed to particulates containing rcidionuclides. I am.also concerned in the future when it is time to cut the grass
about the resuspension
of
deposition that. occurred
and has contaminated
the grou. nds in front of
.
.
. previous particulate
. .
.
. .
,
I called Danny that evening. I did not receive a return call. I sent an email message on Monday morning. oanny and I
have talked but it: has either been walking down the hall or in his office when he was busy with other matters pertaining
to Blue Ridge. I appred;;ite all the Danny is doing and realize he has been extremely busy. I am grateful for the time.he
has been available to.spend With me. I .also rea.lize Jon is extremely busy as well.
from this waste disposal at Blue Ridge. The latency period between exposure and the increase incidence of cancer
and other serious health effects is 10-40 years depending on exposure scenario and age at time of exposure.
I am also concerned about the operators and workers at the landfill and how close they are working to
previously deposited waste. Are they mC1intaining a buffer .distance to minimize expbSllre? Is thE! landfill
resuming their norma.I activities before they assess the extent of contamination? Are they colltinuing to let
the public drive I.Ip t() the area of the working face and discharge waste materials they are dropping
precaution?......

2
GP1823
I appreciate being an employee in the Division of Waste Management, it represents my life's work
and vocation.
v' I could not ask for a more talented group of coworkers.
v' I appreciate the leadership of our Division and the time that Tony, Jon, and Danny has devoted to
listening to my concerns and observations.
v'
was processed TENORM rather than the TENORM that is produced at the O & G drilling/fracking sites.
J:a-lso felftiliswas tile last chance to get a message to you since management reads-their emailswhe~
George
Jon;
.urvey and sampling events that were conducted by the CFHS-DPH in Irvine, Kentucky.
Please schedule a meeting where we can all meet and discus~;this prior to the public meeting on Tuesday.
This is very important\
Thank you,
George
P~ Partrirfee Jr.
Frankfort, KY 40601
(502) 564-6716 ext 4651
{ieorge
GP1824
#m:
To:
Sent:
Subj~t:
Hatton, Tony (EEC)

Your mes~ge
To:Hatton,Tony(EEC)
was read on Wednesday, March 02, 2016 11 :57:46 AM (UTC-05:00) Eastern Time (US & Canada) .
,,
1
GP1825
..A..m:
.;:;,t:
To:
Subject:
McKee Perez, Nancy < McKeePerez.Nancy@epa.gov>

Wednesday, March 02, 2016 1:07 PM
George,
When you have a chance; give me a call. I spoke to my R2 contact, Carol Amend, and she said that she would coordinate
a meeting between ya;ll and the State of West Virginia. West Virginia may be able to shed some light on the Fairmont
Brine Processing's process. Would this be something you all would be interested in?
Nancy McKee Perez

(404) 562-8674

: Jeri.Higginbotham@ky.gov
bject: RE: RCRA Question & Fairmont Brine Disposal
Hello Nancy;
Thankyou for taking with us regarding the RCRA regulations and how they may apply to a waste that was received by a
Waste Prpfile Sheet and Approval Review Form from Advanced Disposal for the waste shipments they received
from Fairmont Brine Processing. Also attached is the "Detailed Customer Activity Report'' provided by the
TENORM related wastes. Also attached are their records of incorporation as an LLC here in Kentucky
hanks again for reviewing these documents and helping us understand how EPA regulates wastes from companies such
1
GP1826

Sincerely,
George
~~~Ji~Q!"fje . P. '}'a'!1ri:!!jJ{.Jr. ~-~--~~--mDepartment for Environmental Protection

Frankfort, KY 40601
(502) 564-6716 ext. 4651
.-" ~~~-~~--.-----~~-- ~-- -~---~------ --~ --~---------
GP1827
#:
Sent:
To:
Subject:

FW: RCRA Question & Fairmont Brine Disposal
Jeri;
Could we make this call together?
I am available anytime.
Thank you,
George

Sent: Wednesday, March 02, 2016 1:07 PM

George,
Althen you have a chance, give me a call. I spoke to my R2 contact, Carol Amend, and she said that she would coordinate
~meeting between ya'll and the State of West Virginia. West Virginia may be able to shed some light on the FC1irmont
Brine Processing's process. Would this be something you all would. be interested in?
Nancy McKee Perez

Hazardous Waste, UST, PCB &CPA Programs
(404) 562-8674
Ftom: Partridge, George (EEC) [mailto:George.Partridge@ky.gov]
0
Hello Nancy;
landfill in Kentucky from Fairmont Brine Processing in WV .
lease find attached the following documents:
GP1828
~
A..
Correspondence to the "West Virginia Office of Environmental Health Services'' from Fairmont Brine Processing
~---- .,,~-.-~. C:f>l'l)~e,red to co11~r,actfe>r disP-osal of this was.te~--- ______
. --.- ~ ~~--.-~~-- ------~----~~--~---~----~------~--
Sincerely,
George
{1eor9e P. PartritflJe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1829
~ro~
Sent:
To:
Subject:

Weems, George (EEC)
RE: manifests
Ge9rge;
I have been so ov_erwhelmed by emails, phone calls, and all our activities on TENORM. I am just getting caught up on my
backlog of emails.
If I miss anything you have requested or need, I apologize.
Please send me a reminder if there is anything you requested and I have not gotten it to you.
Thank you!
George

Subject: manifests
. e t ' s do those manifests we have; I'll put them in a spreadsheet. Do we have anything new from those we were
emailed?
I
1
GP1830
flom: . . ..
Piirtridge, George (EEC)
Sent:
To:
Subject:

Jeri;
I am still struggling to understand how a processed or treated waste frorn a primary industry (O&G) is considered
"intrinsically derived" and still meets the exemption. It goes through processing and chemicals are added to precipitate
and separate the contaminants.
Hope we can continue to get some clarification regarding this.
Look forward to our ongoing discussions and dialogue with EPA.
Thank you,
George

To: Part.rid.ge., George (EEC); Higginb.otham, Jeri (EEC)
: Lamberth, Larry; Danois, Hector
ubject: RE: RCRA Question & Fairmont Brine Disposal

Hi George and Jeri,
In prep for today's meeting; I'd like to share some resources:
https:ljwww3.epa.gov/epawaste/nonhaz/industrial/special/oil/index.htm
And, specifically: https:ljwww3.epa.gov/epawaste/nonhaz/industrial/special/oil/oil-gas.pdf
Takea look at "Scope of the Exemption", "Exempt/Non-exempt", "common misunderstandings". Also takea look at (p.
Page 8 provides a "rule of thumb'' to determine if the Waste would be exernpt:
1) Ha$ the waste come from down-hole, i.e., was it brought to the surface during oil and gas E&P operations?
which is the region that oversees West Virginia.
RCRAlnfo showed that the facility is the lowest generator of hazardous waste (a conditionally exempt small quantity
generator (CESQG) .
he process provi.de. d o.n their website. expla.. ins that they pre. treat the brine to remove Ba, Sr, TSS, O&G, turbidity and
9?rganics. It doesn't specify how they do this. I'm assuming this where the waste filters are coming from? The treated
1
GP1831
Also, I took a look at the analytical res.ults. Based on these results, it doesn't appear that the waste would be hazardous,
if the waste was determined to be non~exempt. To gain better insight on the results, I spoke to our EPA lab (located in
claiming the 261.4(b)(S) exemption from hazardous waste regulations). Also, in looking through the results, he said that
&..
Nancy McKee Perez

Haza~dous ~aste, U~TJ'CB . cSi:. QPAP!C>aralTls --~~---~----~---"~-~~~--~- -~---~~~--~--. --~~~~--~~---~~-~
'
(404) 562-8674

Cc:Jeri.Higginbotham@ky.gov
Hello Nancy;
Blue Ridge Landfill in Irvine, Kentucky that received thiswaste is managed by Advanced Disposal.
describing how they plannedto dispose of the waste.
Web Site pages for Advanced TEN ORM Services advertising their capabilities/expertise in the management of

Sincerely,
GP1832
George
Aorge P. PartridiJe Jr.
~partment for Environmental ProtectionKY Division of Waste Management

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1833
.rtridge.. George (EEC)

.From:
Sent:
To:
Subject:

Jeri;
I am still struggling to understand how a processed or treated waste from a primary industry (O&G) is considered
"intrinsically derived" and still meets the exemption. It goesthrough processing and chemicals are addedto precipitate
and separate the contaminants.
Hope we can continue to get some clarification regarding this.
Look forward to our ongoing discussions and dialogue with EPA.
Thank you,
George
From: McKeePerez, Nancy [mailto:.McKeePerez.N~mcy@epa.gov]


To: Partr.idge., G.eorge (EEC); Higg
.. inb.otham, Jeri (EEC.)
: Lamberth, Larry; Danois, Hector
ubject: RE: RCRA Question & Fairmont Brine Disposal
Hi George and Jeri,
In prep for today's meeting; I'd like to share some resources:
https:lfwww3.epa.gov/epawaste/nonhaz/industrial/special/oil/index.htm
And, specifically: https:Uwww3.epa.gov/epawaste/nonhaz/industrial/special/oil/oil-gas.pdf
Take a look at "Scope of the Exemption", "Exempt/Non-exempt", "common misunderstandings". Also take
alook at (p.

which is the region that oversees West Virginia.
RCRAlnfo showed that the facility is the lowest generator of hazardous waste (a conditionally exempt small quantity
generator (CESQG).
~he process provi.ded on their website explains that they pretreat the brine to remove Ba, Sr, TSS, O&G, turbidity and
90rganics. It doesn't specify how they do this. I'm assuming this where the waste filters are coming from? The treated
sludge is coming from (the bottom of the surface. impoundment)?
1
GP1834
-&...
"W
Nancy McKee Perez

.Ha~argous .Waste, l,JST,J?CEL~_QEAProgrB:ms____ _ ----- ______ --~~----- _ ~- --. _ _~. _-~--~- ~---- ~--~~~-----Enforcement & Compliance. Branch
{404) 562-8674
Hello Nancy;
Thank you for taking with us regarding the RCRA regulations and how they may apply to a waste tha_t was received by a

Sincerely,
GP1835
George
or9e P. Partritfee Jr.

partment for Environmental Protection
Frankfort, KY 40601
(502) 564-6716 ext. 4651
I.
GP1836
rom:
Sent:
To:
Subject:

Weqnesday, March 02, 2016 2:27 PM
FW: $275M SHALE 13RINE PLANT SET IN W.VA. - FAIRMONT FIRM LOSES CONTRACT
FOR FACILITY
Curt;
A news article that Mohammad Razavi, an engineer in our Section shared with me.
George
--------.---- - - -
---------
-.
From: Razavi, Mohammad (EEC)

To: Anderson, Danny J.(EEC); Partridge, George (EEC)
Subject: $275M SHALE BRINE Pl.ANT SET IN W.VA. -: FAIRMONT FIRM LOSES CONTRACT FOR FACILITY
Perhaps, this was the reason they went with BES Technologies.

llt,ittsburgh Post-Gazette (PA) - August 20, 20158rowse Issues
Author/Byline: Anya Litvak, Pittsburgh Post-Gazette

Edition: SOONER
Section: BUSINESS
Page: D-1
The news that Antero Resources will build a massive $275 million wastewater
treatment plant to process shale brine in West Virginia wasn't a surprise for Brian
Kalt~ general manager with Fairmont Brine Processing.
Water Technologies,. a branch of the French technology giant.
~wo years Veolia will design, build and operate the Sandstrom Wastewater
rreatment facility, a 60,000-.barrel-a-day plant that will evaporate and crystalize
produced water - yielding fresh water and salt products to be used by the oil and
1
GP1837
gas industry.
p~tch
Clearing of the site, a

of land near Route 50 in Doddridge County, has begun'
evaporation and crystallization plant in Fairmont, W.Va., where Antero is its
anchor client. The facility is a tenth of the size of what Veolia will be building.
much access to our patented process despite the non-disclosure agreement and
confidentiality agreement set forth in our contract," he sajd.
"I'm sure they are disappointed/' he said. "Fairmont and Veolia weren't the only
Antero's contract for the existing Fairmont plant runs through 2016 and, despite a
recent pause, Mr. Schopp said the plan is to continue to send water to Fairmont
"the most technologically advanced plant."
2
GP1838
ll'_e think this will be closely watched by industry to see how successful this is," he
.said. If proven to be a viable alternative to disposal wells, Mr. Schopp said he
Antero said Wednesday that Sandstrom would be part of the company's water
Antero Midstream, a master limited partnership partly owned by Antero.
The oil and gas driller has operations in the Marcellus and Utica shales. Unlike
some operators that focus on exploration and production, and outsource
David Meats, an equity analyst with Morningstar Inc. That way it can taitor
.150,000 savings on each well.
"You have to get rid of the water somehow. The need for water in tracking is huge.
If the other options were lower cost, they'd be doing that," Mr. Meats said.
Record: 15082018714642
Copyright: Copyright (c) 2015 Pittsburgh Post-Gazette
,
3
GP1839
'"-=
Sent:
To:
Subject:

RE: $275M SHALE BRINE PLANT SET IN W.VA. - FAIRMONT FIRM LOSES CONTRACT
FOR FACILITY
Mohammad;
Thanks again for sharing this news article with me.
Have a nice afternoon!
George
-~-------
From: Razavi, Mohamrnad (EEC)

Sent: Friday, February 26, 2016 .1:17 PM
Subjed:: $275M SHALE BRINE PLANT SET IN W.VA. - FAIRMONT FIRM LOSES CONTRACT FOR FACILITY
Perhaps;this was the reason they went with BES Technologies .

Pittsburgh Post-Gazette {PA} - August 20, 2015Browse Issues
Author/Byline: Anya Litvak, Pittsburgh Post-Gazette

Edition: SOONE'R
Section: BUSINESS
Page: D-1
~The news that Antero Resources will build a massive $275 million wastewater
~eatment plant to process shale brine in West Virginia wasn't a surprise for Brian
9'Kalt, general manager with Fairmont Brine Processing.

1
GP1840
Water Technologies, a branch of the French technology.giant.
two years Veolia will design, build and operate the Sandstrom Wastewater
Treatment facility, a 60,000-barrel-a-day plant that will evaporate and crystalize
,~-~,. _pr~oduced~wate~L~)tielding Jr:esb~wa1ecand~saJt~.PLO~d_u~cttlD~b~e~yse~d b~,t the. oi I and
gas industry.
Clearing of the site, a patch of land near Route 50 in Doddridge County, has begun,
evaporation and crystallization plant in Fairmont, W.Va., where Antero is its
anchor client. The facility is a tenth of the size of.what Veolia will be building.
much access to our patented process despite the non.,.disclosure agreement and
confidentiality agreement set forth in our contract," he said.
"I'm sure they are disappointed," he said. "Fairmont and Veolia weren't the only
2
GP1841
__Mtero's contract for the existing Fairmont plant runs through 2016 and, despite a
pcent pause, Mr. Schopp said the plan is to continue to send water to Fairmont
"the rno~ttechnolQgiqdlyadvaoc:ed_ pl~nt II
"We think this will be closely watched by industry to see how successful this is," he
said. If proven to be a viable alternative to disposal wells, Mr. Schopp said he
Antero said Wednesday th~t Sandstrom would be part of the company's water
,Antero Midstream, a master limited partnership partly owned by Antero .
he oil and gas driller has operations in the Marcellus and Utica shales. Unlike
some operators thatfocus on exploration and production, and outsource
David Meats, an equity analyst with Morningstar Inc. That way it can tailor
$150,000 savings on each well.
"You have to get rid of the water somehow. The need for water in fracking is huge.
If the other options were tower cost, they'd be doing that," Mr. Meats said.
GP1842
f#-,

Wednesday, March 02, 2016 2.:29 PM
FW: GreenHunter: Multistate Groups Demand Coast Guard Action to Protect Ohio River
Sent:
To:
Subject:
C::urt;
Article that Mohammad shared with me that mentions Green Hunter, one of the firms that shipped wasted to Blue
Ridge Landfill.
George

T(): Anderson, Danny J (EEC); Partridge, George (EEC)
Subject: Green Hunter: Multistate. Groups Demand Coast Guard Action to Protect
Ohio River
.
Multistate Groups Demand Coast Guard Action to Protect Ohio River

Targeted News Service {USA) - February 19~ 2015Browse Issues
Section: PublicPolicy
Citing serious public health and safety concerns, environmental and community
groups opposed to barging of tracking waste sent a letter to the U.S. Coast Guard
requesting thatth~ agency immediately initiate investigative action related to
GreenHunter, LLC to determine the true contents of waste that GreenHunter, LLC
may be transporting by barge on inland waterways, including the Ohio Riv.er and
the Mississippi Riv~r, both, sources of drinking water for millions of people.
The letter of February 17, addressed to Captain Richard Timme, also requests the
Coast Guard to issue a 11 cease and desist 11 order to Green Hunter, LLC to stop
transporting any 11 oilfield wastes" while the Coast Guard .makes its determination
. o f what exactly is being ship~e~_by the company. Additionally, the gro~p~: !etter
equests the Coast Guard to 1nit1ate an "enforcement penalty proceeding 1f,
I
indeed, the Coast Guard finds GreenHunter in violation regarding possible
<
GP1843

For the past two years, Green Hunter, LLC has been seeking U.S. Coast Guard
permission to transport fracking waste on the Ohio River or other inland
waterways.
~~---Ibe_gio~up~sJetter__Lefex~nc~.s~a_s_tate~me~otb~\cKirkJLQStla1r, . COQ~oLG_ce,e_nJ:tunte_rto_~~-
the Wheeling Intelligencer (2/6/15), "GreenHunter Water will continue to

GreenHunter will comply with these rules and regulations."
Currently, fracking waste has too many legal exemptions, trade secrets, and
euphemisms associated with it making h difficult to ascertain the precise
components of the fracking waste. This in itself makes this situation not your
typical shipment for transport down the Ohio River. Obviously, the Coast Guard
Dr. Randi Pokladnik says she "is concerned with the ability of local public drinking
water systems to remove the numerous aromatic organic, carcinogenic and
organizer with the Ohio Valley Environmental Coalition in Huntington, WV. 11 1, and
noxious substance by barge, as well as by truck near the river's edge. I hope the
Coast Guard and the US EPA will do everything in their power to fully investigate
2
GP1844
,water!".
One only needs to consider the recent events of Charleston and Fayette County,
February 18, 2015

Louisville, Kentucky 40202
.TTN:
Captain Richard Timme
SUBJ: Request for Investigative Action: GreenHunter LLC Dear Captain Timme:
wastes from hydraulic fracturing (tracking) - what the Coast Guard calls "shale gas
Region IV in Atlanta which has jurisdiction over the Ohio River. Emergency
remediation and incident command control measures by the USCG and US EPA
. .een given to first responders along the banks of the river that SGEWW shipments
requisite training and response equipment to deal with the probable
GP1845
It is with growing concern that we have witnessed the unfolding controversy in the'
past three weeks, in which GreenHunter LLC has insisted during investor
presentations thatthe.firm has received Coast Guard permission to ship oil and
gas drilling wastes via barge onthe Ohio and Mississippi river systems.
~~~ ~Gr:eenHunte.r:rwhtch.has~he.en.~pursuing_p~e[mis.sloJ1!o~sllip_f ra___t:_kLng .wastesJo r . ~~-~-~~
Navigation and Inspection Circular 7-87. As you know, Dr. Cynthia Znati of the
USCG HQ has publicly denied that SGEWW is a permitted cargo for Ohio River
barge shipment, in part, because of the 70,000 comments received that must be
components which pose risks greater than that of classical "oilfield waste. 11
. question ofwhether USCG would permit SGEWW to be shipped.
We weretherefore surprised when GreenHunter LLCdefied the USCG authority

On February 6, 2015,Kirk Trosclair, COO of GreenHunter, told the Wheeling
Intelligencer that, uGreenHunter Water will continue to transport 'oilfield waste'
be transported. Once these rules are finalized, Green Hunter will comply with these
(http://www.theintelligencer.net/page/content.detail/id/624568/RadiationConcerns-Coast-Guard.html).
We read Trosclair's statement that GreenHunter "will continue to transport" to
mean that the company is actively shipping drilling wastes now, with impunity and
4
GP1846
---
-------
- - -
_.stead, on physical evidence. In the instance of transporting radioactivity-laced
pdustrial toxins on public waterways, the lack of evidence of the true nature of
GreenHunter's cargoes is of grave concern. Therefore, we ask that the Coast Guard
SGEWW_as we beli~v~ th_~y do, we a_S_k the CGCIS to initiate enforcement penaJty
proceeding or criminal information proceeding in consultation with the Office of
The Ohio and M,ississippi rivers are a source of drinking water for millions of
reconsideration of Pennsylvania's weak regulations. Among other findings, tracking
1 (Copy of pages excerpted from study enclosed). The federal drinking water
.tandard is 5 pCi/L. Leakage of GreenHunter cargoes into river waters in the
continuing environmental and health hazards which would stress public water ,
supplies and various forms of wildlife.
initiate a criminal investigation of operations associated with GreenHunter LLC.
of the origins claimed by Green Hunter LLC.
'
'
Given Green Hunter's impunity in asserting that they will not follow the USCG HQ
~ccompany the USCG CGCIS to visit to this shipper's site and its barges to take
5
GP1847

Green Hunter's defiance of the USCG authority over SGEWW in current and past
barge shipments. Thanking you in advance,
A..
'W
Teresa Mills
~-------~~J9 P~Jkri~g~-c~_u_r_L ------~----------- ___________________________________ -~---~--~---~---------~.~~---

cc:
500 Poydras Street

Dr. Cynthia Znati
West Building, Ground Floor

6
GP1848
tl'ashington, DC 20590-0001
Signatories:
Concerngd C:iti~ens Ohio/Shalersville
Mary Greer
Shalersville, OH
Freshwater Accountability Project
Leatra Harper
.outheast Ohio Alliance to Save Our Water
Concerned Citizens of Medina County
Kathie Jones
Medina, OH
County Concerned Citizens, Christine Borello
.Guernsey County Citizens Support on Drilling Issues

7
GP1849
Greg Pace
Guernsey County, OH
Morrow County Power
Mt Gilead, OH
Carolyn Harding
Columbus, OH

Youngstown, OH
Betsy Cook
Jim Sconyers
West Virginia
8
GP1850
f#l,io field office

Teresa Mills
Columbus, Qtl
Robin Blakeman
. Huntington, WV
FaCT-OV
Patricia Jacobson
.heeling, WV
Dr. Joseph Cronin
Yellow Springs, OH
Columbus, OH
~avid Nickell
9
GP1851
Southwest Ohio No Frack Forum

Joanne Gerson

Athens, OH
Carol Apacki
Licking County, OH
Environmental Truth
Jonathan Smuck
Steubenville, OH
Judy Lyons, Chair
Lexington, KY
10
GP1852
-ana Ludwig .
McDonald, OH
FaCT - Faith Comml1nJties Together
Ron Prasek, Convener
Ohio
Susie Beiersdorfer
II
Youngstown, OH
! tlltiardians of Mill Creek Park

Lynn Anderson
Youngstown, OH
Steve Hvozdovich
Pittsburgh, PA
We Are Not Expendable
John Williams
T r um bu 11 County, OH
11
GP1853

Marilyn Welker
Springfield, OH
~,~~~ttelW<:>Ik_fQr Oil_anq Gas.P..c.c.oyritctb.ility_g_,ng __~-----------~~~~------------~-~~~-~-~~~~--~-~--~~~~

Concord Twp.,"OH
Awareness
Nick Teti
Coshocton, OH
Caitlin Johnson
Youngstown, OH
John Morgan
Belmont County, OH
Loraine Mccosker
12
GP1854
Athens, OH
~orthwest Ohio Alliance to Stop Fracking

Leslie Harper
Wheeltng Water Warriors
Robin Mahonen
Wheeling, WV
Sam Stearns
Stonefort, IL
- o d & Water Watch
Cincinnati, OH
Index terms: Trade Associations; Press Releases
Dateline: COLUMBUS, Ohio
Record: 5034306
Copyright: Copyright (c) 2015 Targeted News Service. All rights reserved .
13
GP1855

RE: GreenHunter: Multistate Groups Demand Coast Guard Action to Protect Ohio River
Mohammad;
Thank you,
George

Subject: GreenHunter: Multistate Groups Demand Coast Guard Action to Protect Ohio River
.ultistate Groups Demand Coast Guard Action to Protect Ohio River

Targeted News Service (USA} - February 19, 2015Browse Issues
Section: Public Policy

Citing serious public health and safety concerns, environmental and community
groups opposed to barging offracking waste sent a letter to the U.S. Coast Guard
requesting that the agency immediately initiate investigative action related to
GreenHunter, LLC to determine the true contents of waste that Green Hunter, LLC
may be transporting by barge on inland waterways, including the Ohio River and
the Mississippi River, both, sources of drinking water for millions of people .
~letter
of February 17, addressed to Captain Richard Timme, also requests the

~ast Guard to issue a "cease and desist" order to GreenHunter, LLC to stop
transporting any 11 oilfield wastes" while the Coast Guard makes its determination
1
GP1856
of what exactly is being shipped by the company. Additionally, the groups' letter
requests the Coast Guard to initiate an "enforcement penalty proceeding" if,
indeed, the Coast Guard finds Green Hunter in violation regarding possible
For the past two years, GreenHunter, LLC has been seeking U.S. Coast Guard
~~-P~ermissio~n~to~tr:ans.p_ortfcatkjngJ,yaste oJ1theJ)hio Riv~r or othe?r inland
'
~-~-~-- ~-~,~,
waterways.
The group's letter references a statement by Kirk Trosclair, COO of GreenHunter to
the Wheeling Intelligencer {2/6/15), "GreenHunter Water will continue to
GreenHunter will comply with these rules and regulations."
.
t
"
i
Currently, tracking waste has too many legal exemptions, trade secrets, and
euphemisms associated with it making it difficult to ascertain the precise
components of the tracking waste. This in itself makes this situation not your
typical shipment fortransport down the Ohio River. Obviously, the Coast Guard
Dr. Randi Pokladnil< says she "is concerned with the ability of local public drinking
wate~r systems to remove the numerous aromatic organic, carcinogenic and
organizer with the Ohio Valley Environmental Coalition in Huntington, WV. "I, anda.
,..._
2.
GP1857
~oxious substance by barge, as well as by truck near the river's edge. I hope the
.oast Guard and the us EPA will do everything in their power to fully investigate
tap waterl"
One Qnlyneeds to consider the recent events ofCharlestonandayette-County,
February 18, 2015
-uisville, Kentucky 40202
ATTN: Captain Richard Timme
SUBJ: Request for lnvestig~tive Action: GreenHunter LLC Dear Captain Timme:
wastes from hydraulic fracturing (tracking) - what the Coast Guard calls "shale gas
ion IV in Atlanta which has jurisdiction over the Ohio River. Emergency
remediation and incide,nt command control measures by the USCG and US EPA
3
GP1858
been given to first responders along the banks of the river that SGEWW shipments
,..
requisite training and response equipment to deal with the probable
It is with growing concern that we have witnessed the unfolding controversy in the
~~--,pas~Lth(e~e~~e~e_ks,,Jn_whicbGre_enl:Lunt..er L.LC,has insistect dl1J:ing_investor ___
presentations that the firm has received Coast Guard permission to ship oU and
gas drilling wastes via barge on the Ohio and Mississippi river systems.
GreenHunter, which has been pursuing permission to ship tracking wastes for
Navigation and Inspection. Circular 7-87. As you know, Dr. Cynthia Znati of the
USCG HQ has publicly denied that SGEWW is a permitted cargo for Ohio River
barge shipment, in part, because of the 70,000 comments receive~ that must be
components which pose risks greater than that of classical "oilfield waste."
question of whether USCG would permit SGEWW to be shipped.
We were therefore surprised when GreenHunter LLC defied the USCG authority
On. February 6, 2015,Kirk Trosclair, COO of GreenHunter, told the Wheeling
Intelligencer that, "GreenHunter Water will continue to transport 'oilfield waste'
be transported. Once these rules are finalized, GreenHunter will comply with these
(http://www.theintelligencer.net/page/content.detail/id/624568/Radiation~
Concerns-Coast-Guard~html).
4
GP1859
..
--
--------------
-------
_lje read Trosclair's statement that GreenHunter "will continue to transport" to

P'ean that the company is actively shipping drilling wastes now, with impunity and
instead, on physical evidence. In the instance of transporting radioactivity"."laced
industrial toxins on public waterways, the lack of evidence of the true nature of
Gr~~nHunte_r's cargoes isofgrave concern. The[efore, we ask that-the Coast Guard
SGEWW as we believe they do, we ask the CGCIS to initiate enforcement penalty
proceeding or criminal information proceeding in consultation with the Office of
The Ohio and Mississippi rivers are a source of drinking water for millions of
9iliconsideration of Pennsylvania's weak regulations. Among other findings, tracking
1 (Copy of pages excerpted from study enclosed). The federal drinking water
standard is 5 pCi/L. Leakage of Green Hunter cargoes into river waters in the
continuing environmental and health hazards which would stress public water
supplies and various forms of wildlife.
initiate a criminal investigation of operations ass.ociated with GreenHunter LLC.
of the origins claimed by GreenHunter LLC.
.
. Given GreenHunter's
impunity in asserting that they will not follow the USCG HQ
GP1860
accompany the USCG CGCIS to visit to this shipper's site and its barges to take
GreenHunter's defiance of the USCG authority over SGEWW in current and past
barge shipments. Thanking you in advance,
Teresa Mills
2319 Parkridge Court
cc:
500 Poydras Street
Dr. Cynthia Znati
6
GP1861
.~-
---------
"'est Building, Ground Floor

Washington, DC 20590-0001
Signatories:
Concerned Citizens Ohio/Shalersville
Mary Greer
Shalersville, OH
Freshwater Accountability Project .
:. .atra Harper
Southeast Ohio Alliance to Save Our Water
Concerned Citizens of Medina County
I
'
Kathie Jones
Medina, OH
nty Concerned Citizens, Christine Borello
7
GP1862
Guernsey County Citizens Support on Drilling Issues

Greg Pace
Guernsey County, OH
Morrow County Power
Donna Carver
Mt Gilead, OH
Carolyn Harding
Columbus, OH
Youngstown, OH
Betsy Cook
Jim Sconyers
8
GP1863
"'est Virginia
Ohio field office
Teresa Mills
Columbus, OH
Robin Blakeman
Huntington, WV
-CT-OV
Patricia Jacobson
Wheeling, WV
Dr. Joseph Cronin
Yellow Springs, OH
umbus, OH
9
GP1864
David Nickell
Southwest Ohio No Frack Forum
Joanne Gerson
Cincinnati, OH
Athens, OH
Carol Apacki
Licking County, OH
Environmental Truth
Jonathan Smuck
Steubenville, OH
Judy Lyons, Chair
10
GP1865
"'xington, KY
Diana Ludwig
McDonald, OH
FaCT - Faith Communities Together
Ron Prosek, Convener
Ohio
sie Beiersdorfer
!. .
Youngstown, OH
Guardians of Mill Creek Park
Lynn Anderson
Youngstown, OH
Steve Hvozdovich
Pittsburgh, PA
- A r e Not Expendable
John Williams
11
GP1866
Trumbull County, OH
Marilyn Welker
Springfield, OH
Network for Oil and Gas Accountability and
Concord Twp., OH
Awareness
Nick Teti
Coshocton, OH
Caitlin Johnson
Youngstown, OH
John Morgan
Belmont County, OH
12
GP1867
,raine Mccosker
Athens, OH
Northwest Ohio Alliance to Stop Fracking
Leslie Harper
Wheeling Water Warriors
Robin Mahonen
Wheeling, WV
.;rnstearns
Stonefort, IL
Food & Water Watch
Cincinnati, OH
. . Index terms: Trade Associations; Press Releases
. . . . Dateline: COLUMBUS, Ohio
Record: 5034306
13
GP1868
f/!om
:~;
To:
Subject:

RE: Swipe ssamples
AJ;
Please send me the analytical results from all the wipe samples that we collected that day and I will incorporate it with
my notes, the coordinates, etc.
I want the results from the school as well. Ideally, I would like to see us merge the our reports and conclusions since
this was a join effort.
Thank you,
George
______
____________ ______
......,,..;

od morning George:
' . . supervisor Curt Pendergrass is requesting any documentation that would accompany the swipe samples we took on
Best Regards
I
I
AJ
275 East Main Street, HS1C-A
Frankfort, KY 40601
Ph: 502-564-3700 x4171
FAX: 502-564-1492
GP1869
--om:
:nt
To:
Subject:
Attachments:
Weems, George (EEC)

Thomas, Richard F (EEC); Partridge, George (EEC)
manifests
Blue Ridge Landfill.xlsx
Here is the breakdown on the manifests; some material left off; some unreadable.
GP1870

Weems, George (EEC)
RE: Attendees: Site Survey and Sampling - Irvine,KY - Saturday, Februray 27th
To:
Subject:
George;
I am still waiting and requesting the results from all the wipe samples that were taken, both for the school as well as the
ones we took surrounding the entrance to the landfill.
I asked Matt at the meeting the names of others there and he could not remember their names. Said it would be in
there reports. Hopefully I will get a copy we can combine with our notes.
The names I have are to the best of my recollection:
(AJ) Anjan Bhattacharya (CFHS)

Curt Pendergr~ss (CHFS)
Kathy L. Fowler (CHFS)
Matthew (Matt) W. McKinley (CHFS)
Christopher J. Keffer (CHFS)
Lt. Matt Blose of Winchester Fire Department
~mbers of the Area 13 Bluegrass Emergency Response Team

Estill County Judge-Executive Wallace Taylor
Jeff Saylor - Estill County School District Superintendent
Sent: Monday, February 29, 2016.2:32 PM

anything from Curt? Do We know what came out yesterday?

George;
.eting scheduled for tomorrow moring!
George
GP1871

..

___ cc-Io:JY1abr:iar,_Jon_(EEC)
c
__
__
__
Jon;
.
With the public meeting scheduled for Tuesday evening in Irvine, KV, the public will want to know the results of the
accurate representation of the activit.ies conducted and what we can conclude at this point.
Please schedule a meeting where. we can all meet and discuss this prior to the public meeting on Tuesday.

Thank you,
George
<jeor9e P. Partritfee Jr~

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP1872
~om:
To:
S~!'t:
Subject:
Microsoft Outlook
Pendergrass, Curt (CHfS DPH)
Delivered: RE: RE: Meeting Attendance List of March 1, 2016
Your message has been,cielivered to the following recipients:

Pendergrass, Curt (CHFS DPH) (Curt.Pendergrass@ky.gov)
Subject: RE: RE: Meeting Attendance List of March 1, 2016
GP1873
Sent:
Subject:

Read: RE: RE: Meeting Attendance List of March 1, 2016
Your messagf3
. Subject: RE: RE: Meeting Attendance List of March 1, 2016
Sent: Wednesday, March 02, 2016 4:57:21 PM (UTC-05:00) Eastern Time (US & Canada)
was read on Wednesday, March 02, 2016 5:07:39 PM (UTC-05:00) Eastern Time (US & Canada).
GP1874
#om:
Sent:
To:
Subject:

Ct1rt;
Thanks you for responding to Mr. Kalt regarding the measurements that were shared regarding the waste. Most of all,
thanks for following up on obtaining samples of the waste that was shipped.
I am happy to join you for any trips or sites visits to assist with all we need to learn about the waste.
Thanks again for all you are doing!
George

To: Kalt, Brian
A"iiank you Mr. Kalt for the thorough explanation .of the inverse square law. And thank you for letting us know that the
,...contact dose rate reading with the Fairmont Brine Processing sludge did indeed read 2 mrem/hr.
You did not answer my question but would you be willing to Contactthose laboratories Where you previously sent this
Kentucky Ra.diation Health Branch
Mailstop HS1C-A
Frankfort, KY 40621
_..Jll 502-564-3700 ext. 4183
~ 502-564-1492
Website: http://www.chfs.ky.gov{ dph/radioactive.htm
1
GP1875
Pay your fees on line at https://prd.cllfs.ky.gov/rad epay/

Dispose of unwanted sources http:ljw\Vw.crcpd.org/StateServices/SCATR.aspx
~
To:
~~~--~cc:PartriClge~ GeoFge-(EEC};McRTfiley;-MattneWW"(CRS=PHr~~-~-
-~ ~- ---~------------
' -----~------- -
~--- --~ ~'--

Dr. Pendergrass,
D2
2
11
12
D2
l
Accordingly, we calculated our maximum dose (measured at 2 rriR/hr at sludge contact) as follows:

With. a known dose rate reading at a given distance from the source (at contact, say 0.25", or 0.0208 feet), the fixed law
1000 rem.
(1 ft away)A2
= 0.000866 mrem, or 0.866 rem
GP1876
(2 ft away)A2
= 0.0002163 mrem, or 0.2163 rem
---te, at this distance, the reading would not be measured above background, as the detection equipment is not
sensitive enough.
= 0.000000086 mrem, or 0.0086 rem
(lg ~_away)A2
sensitive enough.
(1 ft away)A2
= 0.0718 rem (0.0000718 mrem)
'dRegards,
Brian Kalt
President
412--680-6244

To: Kalt, Brian
~rtunately, looking through the analysis results from both Reliance Laboratories and the Summit Environmental
3
GP1877
ra.diochemical analysis by our Environmental Monitoring Laboratory? We would be more than happy to come pick up
Also, thank you for the information on the radiological surveys of this sludge material. Can you give me a Uttle more
readings 1 foot from the sludge. ls that 1 foot from the sludge samples before you sent them to Reliance and Summit or
- -- --"'--
-~---
.- __,___
,_.-~~---~--~~-..-~,,.....-
_;-_-___ :
--~~--~-~~-.
~~~
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky,govI dph/radioactive.htm
Pay your fees online at https:ljprd.chfs.ky.gov/rad epay/
Be notified of proposed regulatfon changes https:ljsecure.kentucky.gov/Regwatch/
Dispose of ~m.\lanted sources http://www.crcpd.org/StateServices/SCATR.aspx
To:

Gentlemen,
2.

4
GP1878
Still trying to track this information down .

. . . . 3.
...
4.
Was all the waste --similar in nature?

----~
-----
'
been determined to be non~hazardous.
x-ray or CT scan.
FBP's sludge has been fairly consistent since operations began in 2013. Because of the possible co-precipitation of.
radium with barium, FBP monitors the sludge with a handheld detector. In 2014 and early 201.5, FBP's sludge had no
. A..ove. background. The average. reading of all s~mples (1 foot from the sludge) was only 0.2267. R/hr (0.000?267
~/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr): As published by the
.Nudear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA), both readings are lower
Currently, FBP does not physically dewater the sludge on-site. The sludge is removecl via pump into standard
dewatering boxes. After some dewatering pedod on-:site, the boxeswere received by Advanced TE NORM Services for
dewateririg and solidification, as appropriate to Pass paint filter test, and then landfilled. Based on FBP's understanding
of the dewatering pro~ess and solidification process, the extremely low levels of naturally occurring radioactive
materials were to be ellminated.
.
5. Is th~re analytical data on the waste available to help us understand the impact that will have on rpanagement
of the landfill?
Please see the attached Non"'.Hatardous Waste Approval Notification Form from the West Virginia Department of
Environmental Protection's (WVDEP) Director, Scott Mandirola. Please see the attached analysisthat was conducted on
If anything else is needed, please let us know .
. . Regards,
Brian Kalt
President
5
GP1879
412.:680-6244
The information contained in this e-mail ls Intended only for the individual or entity to whom It Is addressed. Its contents (including
disclose, disseminate, copy or print its contents. If yqu receive this e-mail in error, please notify the sender by reply e-mail and

Cc: Kalt, Brian
Curt;
George Partridge
KDWM

Hello Mr. Kalt,
KRS 211.862 Definitions for KRS 211.861to211:869. http://www.lrc~ky.gov/statutes/statute.aspx?id=8501

{8) "Naturally-occurring radioactive material" {NORM) means naturally occurring materials not regulated
radioactivity ofrocks or soils, or background radiation, but instead refers to materials whose radioactivity is
technologically en.hafrced by controllable practices (or by past human practices);

{301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.0.R.M., which has
-- Prohibitions -- Exemption. http://www.lrc.ky.govfstatutes/sfatute.aspx?id=8502
{3) Naturally-occurring radioactive material {NORM) as defined in KRS 211.862(8) shall be the exclusive
6
GP1880
- 5 211.869 Penalties. http:ljwww.lrc.ky.gov/statutes[statute.aspx?ld=SSOS

or noncompliance shall constitute a separate offe_nse.
Central Mid~est Interstate Low-Level Radioactive Waste Commission Regional Management
Facility
-.__The public health and safety hazard presented by TENORM waste is a function of the
activities whether it be disposal in place, disposal in a sanitary landfill, disposal in a licensedTENORM
waste site or disposal at a licensed -LLRW disposal facility.
Regards,

5 East Main Street
Mailstop HSiC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564~1492
E-m.ail: curt.pendergrass@ky.gov
ri_
" .
~~~

To: Kalt, Brian
Mr Kalt:
: ...8:he agency res. ponsible for the enforcement of those statutes and regulations which is the Cabinet for Health and
~ily Services (CHFS).
Thanks,
7
GP1881
Danny Anderson
Dr. Partridge,
-~-~-~~.-- -~~~~J~~~~~-~p~a-~l~} -----~----
----- -- -- - ~------ -- ~--------~-----~- ----~-. ------~~-~-~--~-~-----
Kind Regards,
Brian Kalt
President
412-680-6244
From:
Partridge, George (EEC) [mailto:George.Partridge@ky.gov]
To:
Kalt, Brian
Hello Brad;
contact shared that TENORM waste was also being shipped from WV as well and referred u.s to Jason
GP1882

man(lgec:I the waste, a_ndthat I am only seeking to understand what was received by Blue Ridge landfill
follows:
Thank you again for returning my ccill yesterday even though you were not able to address my questions
Thank you,
George
{ieorge P. Partritfae Jr., Pfi'D, P.'E., Q,'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
GP1883
To:
Subject:

'Kalt, Brian'
Mr. Kalt;
Thank you,
George Partridge
KDWM

To:. Pendergrass, Curt (CHFS DPH)
Dr. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Penderqrass@ky.gov]

To: Kalt, Brian
---nk you Mr. Kalt for the thorough explanation of the inverse square law. And thank you for letting us know that the
.
1
GP1884
The 2 mrem/hr on contact dose rate reading_ is what we were led to believe this sludge read from others in WV.
You did not answer my question but would you be willing to contact those laboratories where you previously sent this '
same FBP sludge for analysis to see if they retained a sample of that material and if so, would they mind 'releasing that
Please let me know about the samples and thank you once again for your cooperation and assistance in this matter;
Supervisor, lfadioactive Materials Section
Mailstop HS:LC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Dispose of unwanted sources http://www.crcpd.org/StateServices/SCATR,aspx

Dr. Pendergrass,
radiation becomes weaker as it spreads out from the source since the same about of radic,ition becomes
spread over a larger area, The intensity is inversely proportional to the distance from the source.
D2
2
D2
1
2
GP1885

a known dose rate reading at a given distance from the source (at contact, say 0.25", or 0.0208 feet), the fixed law
~~ed the Newtown Inverse Square Law is applied to determine the dose rate at any other distance. Note: 1 mrem =
1000 rem.
,.,6J;lh
Examples:
(Distance fr()rn ~()urce)
---- -
---
---
' -
Dose= (2 mrem/hr)*(0.0208 ft)"2
(~ft away)"2
= 0.000866 mrem, or 0.866 rem
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
41i1t1sitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
Note, at this distance, the reading would not be measured above background, as the det~ctiOn equipment is not
sensitive enough.
Examples: {Time exposed to source)
If you were standing on the source for 5 minutes {.083 hours), the dose would be 0.166 mrem.
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
-dRegards,
Brian Kalt
3
GP1886
President
412-680-6244

To: Kalt, Brian
In the second half of.2015, FBP's sludge had exhibited very, very low levels of naturally occurring radioactive
both readings are lower than the dose of drinking several glasses ofbeer per hour (0.07 mR per beer), and
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
GP1887
From: Kalt,Brian[mailto:BKalt@fairmontbrine.coni]
sent:
- fo:Part:i-1ci9e~Geor9e-(EEc);--Pencier9rass,-curt-(tt=ii=sbPH)
Gentlemen,
2.

3.
What was the total quantity of waste shipped in the 4.7 shipments that were received by Blue Ridge Landfill
After Fairmont Brine Processing's(FBP) Sludge Disposal Plan (Please see attached) was accepted and approved by Jason
Frame, Chief Radiological Health Program at the Office of Environmental Health Services/Radiation, Toxics'and Indoor
Air Division, Advanced TENORM Services picked up 865.33 fons of material.
4.
FBP uses sod.iurn sulfate, a soluble compound whose predominant use is in the manufacture of powdered soaps, to .
capture barium, a toxic constituent in sdme brines, as barium sulfate and to capt~re radium, as radium sulfate~ to form .
been determined to be non:..hazardous.
x-ray or CT scan.
, ~the second half of 2015., FBP's slud~e had exhibited very, v_ery.low levels of n.atur.ally.occurring ra_dioac.t.i.ve material
ve background. The average reading of all samples (1 foot from the sludge) was only 0.2267 R/hr (0.0002267
5
GP1888
'
.. Js there anal~tical data.Pnihe.wa~~~a.vailabLELto-.b.elp.us.w1dersJand~theJmpact,tbatJ11dlLbaY.e~on,maoagemenL ~~~
~~s_
of the landfill?
the Non:.Hazardous Material.
Kind Regards,
Brian Kalt
President
412-680-6244
~--~~~~~~~~~
The information 1=ontained in this e-rnai.1 is intended only for the individual or entity tp whom it is ciddressed. Its contents (including
disdose, disseminate; copy or print its contents. lfyou receive this e-mail in error, please notify the sender by reply e:.mail and
From: Partridge, George (EEC) [rnailto:George.Parttidge@ky.gov]

Cc: Kalt, Brian
Curt;
George Partridge
KDWM

6
GP1889
Hello Mr. Kalt,
,_promised, below the applicable Kentucky Regulatory Statutes dealing with TENORM.
technologically entfahce-d by controllable practices {or by past human prai::tices);
(301) "Technically Enhanced Naturally Occurring Radioactive Material 11 TENORM 11 means N.O.R.M., which has
-- Prohibitions -- Exemption. http:l/www.lrc:.ky.gov/statutes/statute.aspx?id=8502
regulatory responsibility of the states, except that no person shall import naturally occurring radioactive -material (NORM) from outside the region for disposal in Kentucky, or dispose of such imported material in
tits
211.869 Penalties. http:((www.lrc.ky.gov/statutes/statute.aspx?id=8505
issued pursuant to KRS 211.859 or KRS 211.863 and 211.865 shall be assessed a-civil penalty not less than ten
Plan, Adopted May 1999 (http://www.cmcoinpact.org/publications/Regional Mgmt Plan.pdf)
____Disposal of TENO RM Waste at Facilities in the Region other than the R~gional LLRW Disposal
Facility
_The public health and safety hazard presented by TENO RM waste is a function of the
activities whether it be disposal iri place, disposal in a sanitary landfill, disposal in a licensed TENORM
Regards,

.A>ervisor, Radioactive_ Materials Section
Wlre'ntucky Radiation Health Branch
Mailstop HS1C-A
7
GP1890
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
E-mail: curt.pendergrass@ky~gov
Dispose of unwanted sources http:Uwww .crcpd.org/StateServices/SCATR.aspx

To: Kalt, Brian
Subject: Re: Phone Ccill on February 26, 2016
Mr Kalt:
Thanks,
Danny Anderson

Dr. Partridge,
Kind Regards,
Brian Kalt
President
412~680-6244
----------------,.--------,----------~------,-----~--

8
GP1891
..
To: Kalt, Brian

Subject: RE: Phone Callon February 26, 2016

Hello Brad;
--
Our understandirig was the waste was sent directly to the landfill.
regulates the management and disposal of radioactive materials and is responsible for licensure .

since their management has not made a complete disclosure of the wastes they have r_eceived.
follows:
A description of the containers used for the shiprnent of the waste.
.management of the landfill?
1.
2.
3.
9
GP1892
Thank you,
George
<geor9e P. Partrirfae Jr., PfiV, P.'E., Q:EP

- - .. C -
~-~-~~--D-epai:tmentJor:mLir:onmentaLerotection ---~~~~-~-~---~
..~~~~~---~- --

200 Fair Oaks Lane; 2nd Floor {SWB)
Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
10
GP1893
tlam:
Sent:
To:
Cc:
Subject:

'Kalt, Brian'
Mr. Kalt;
Thank you for your assistance,
George Partridge
KDWM

Dr. Pendergrass,
. o r to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
disclose, disseminate, topy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and

To: Kalt, Brian
t/l,bjed-. RE: Phone Call on February 26, 2016

Thank you sir.
1
GP1894

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky.govI dph/radioactive.htm
~~~- ~ea~yaudees.11nJine~at~https:tpr:d'.chfs.ky_go\lhr:ad~epavl~~-~=
. -~~~--- _
Dispose of unwanted sources http:Hwww.crcpd.org/StateServices/SCATR.aspx
Rtt1Jl4~
r~t>\n.~&M~tl.f

Dr. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian
2
GP1895
The 2 mrem/hr on contact dose rate reading is what.we were led to believe this sludge read from others in WV.
did not answer my question but would you be willing to contact those laboratories where you previously sent this
same FBP sludge for ~malysis to see if they retained a sample of that material and if so, would they mind releasing that
exist, I would be more than happy fo contact Reliance or Summit on your behalf and inquire as to whether they still

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
E-mail: curt.pehdergrass@ky.gov

Dr. Pendergrass,
D2
- = -2-
]l
D2
1
3
GP1896

With a known dose rate reading at a given distance from the source (at contact, say 0.25", or 0.0208 feet), the fixed law&_
1000 rem.
Radiation dose= (Dose Rate. mrem/hr)*(Distance of the known dose rate, in feet)"2
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away)"2
= 0.000866 mrem, or 0.866 rem
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
Example~: (Time exposed to source)

If you were standing 1 ft from the source for 5 m,inutes (0.083 hrs), the dose would be:
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
4
GP1897
President
,2-680-6244

To: Kalt, Brian

Unfortunately, looking through the analysisresults from both Reliance Laboratories ancl the Summit Environmental
Techncilogie~Laboratories I don't see where any radiochemical analysis on any of this material was performed which is
what we were really hoping to find. Som<i!thing that actually put a number to the actual pCi/g for Ra-226 and Ra~228
inquiring as to whether or not they retained the samples from last fall and if so, if our office could acquire a portionfor
the samples if they are available .
o, thank you for the information on the radiological surveys of this sludge material. Can you give me a little more
information on wbat type of survey instrument you were using when you took the surveys referenced below (make,
.model, calibration date). If you took a background with this instrument, what did it read? You indicated you took your
readings 1 footfrom the sludge. Is that 1 foot from the sludge samples before you sent them to Reliance and Summit or

Regards,
~lstop HS1C-A.
- k f o r t , KY 406.21
WTel: 502-564-3700 ext. 4183
Fax: 502-564-1492
5
GP1898
Website: http://www.chfs.ky,gov/dph/radioactive.htm
Be notified of proposed regulation changes https://secure.kentuckv.gov/Regwatch/
Dispose of unwanted
,.',.,..,,.
.
. .
.
.
.

_-_ To: Partridge, George (EEC}; Pendergrass, curt(CHFS DPH)
~~-~-~~--~~-~-----~--~-~-
-----
-------------~-~------~~--~-=-~-~-
Gentlemen,
1.
Each box can hold up to 25 yards. Length 20', Height 6' arid Width 8'. Empty Weight is 9,000 lbs.
2.
Still tryingto track this information down.

3.
After Fairmont Brine Processing's {FBP) Sludge Disposal Plan {Please see attached) was accepted and approved by Jason
Frame, Chief Radiological Health Program atthe Office of Environmental Health Services/Radiation, Toxics and Indoor
Air Division, Advanced TENORM Services pkked up 86.5.33 tons of material.
-
4.
capture barium, a toxic constituent in some brines, as barium sulfate and to capture radil!m, as radium sulfate, to form
an insoluble sludge. This_ chemical precipitation process also removes sand and some hydrocarbons. This sludge has
to be non-hazardous.
been determined
.
.
.
-
When soluble barium is converted to insoluble barium sulfa~e; it's toxic nature becomes so benign that it is used by
x-ray or CT scan.
at a typical drinking water treatment plant. In the second half of 2015, FBP's sludge had exhibited very, very low levels of naturally occurring radioactive material above background. The average reading of all samples (1 foot from the sludge) was only 0.2267 R/hr (0~0002267
mR/hr). The highest reading {1 foot from the sludge) was only 0.8652 R/hr {0.0008652 mR/hr). As published by the
Nuclear Regulatory Commission {NRC) and United States Environment Protection Agency (EPA), both readings are lower
6
GP1899
~~rrently, FBP does not physically dewater the sludge on-site. The sludge is removed via pump into standard
5.
of the landfill?
Environmental Protection's (WVPEP) Director, Scott Mandirola. Please see the attached analysis that was conducted on
Kind Regards,
Brian Kalt
President
412-680-6244
I l l e informati.on
contain~
in this e-mail is intended only for the individual or entity to whom It is addressed. Its contents (including
From: Partridge, George (EEC) [mailto:George.Parttidge@ky.gov]

Cc: Kalt, Brian

Curt;
George Partridge
KDWM

7
GP1900
Hello ML Kalt,

-~,~ ~ret:hnolo-gita"lly-~n-h-a-nce-d-byctrntrallable practices-( or lly pasrh-urrfaf1p-racfices );"~-~~--~~--~-~~-~~ -3
(301) "Technically Enhanced Naturally Occurring Radioactive Material 11TENORM 11 means N.O.R.M., which has
material (NORM) from outside th.e region for disposal in Kentucky, or dispose of such imported material in
Kentucky, if the imports or disposal are inconsis}ent with polices Qf the commission.
KRS 211.869 Penalties. http:l/www.lrc.ky.govI statutes/statute.aspx?id=8505
(1) Any person who fails to comply with any provision of KRS 211.859 or211.863, or with any administrative
regulations promulgated pursuant to KRS 211.859 or 211.8651 or fails to comply with any order of the cabinet
thousand dollars ($10,000} nor more than one hundred thousand dollars ($100,000}. Each day of the violation

Plan, Adopted May 1999 (http://www.cmcotnpact.org/publications/Regional Mgmt Pian.pdf)
Facility
Regards,
Mailstop HSlC~A
GP1901
'
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
ax: 502-564-1492
-mail: curt.pendergrass@ky.gov

To: Kalt, Brian
Mr Kalt:
Thanks,
Danny Anderson
. n Feb 27, 2016, at 12:59 PM, Kalt, Brian <BKalt@fairmontbrine.com> wrote:
Dr. Partridge,
Thank"you for putting this all together.
Under KRS 211.862 and 211.863, what.levels of naturally occurring radioactive material has Kentucky set
Kind Regards,
Brian Kalt
President
412-680-6244

9
GP1902
To: Kalt, Brian

Hello Brad;
""""""''-~.-~-----~-----=-~---,.,,,~~--=~~~~~~,.~-,..-
-----------
-------'C __
-g.-___
-_.:_ __ _:~====-~~-~-~-~--~~----
.-,-----~~-~...,.....--....,,.,,......-=--~--7"------"---=--="----------=---------'="~~~
regulates the management and disposal of radioactive materials and is responsible for licerisure.

follows:
3. What was the total quantity of waste shipped .in the 47 shipments that were received by Blue
10
GP1903
Thank you,
George
(jeorge 'P. Partricfae Jr., Pfi'D, P.'.E., Q.'.EP

Departmentfor Environmental Protection.
Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image001.gif>
11
GP1904
. . . . .
--r~m:
Sent:
To:
Subject:

RE: Phone Call on F~bruary 26, 2016
Cu_rt; ...
Thank you for keeping me updated and all the helpful information you are receiving.
George

To: Kalt, Brian
cc: Partridge, George (EEC); McKinley, Matthew W (CHS-PH)
Subject: RE: Phone Cail on February 26, 2016
Sorry to hear that Mr. Kalt but I was thinking that was probably going to be the case given the ~mount of time that has
transpired. But thanks for checking on the samples with Summit and Reliance just the same. Looking back your earlier emails, .you mentioned that the ~IL1dge was being dewatered on site in dewatering boxes. Do YPl1 have any of thi.s sludge
A..Pna or don. scuba gear to take sludge sample at the bottom ofa deep settling pond.The picture of the pond on your
~ebsite looks like it would be difficult to sample.
.
.
.
Currently, FBP cjoes not physically dewater the sludge on-site. The sludge is. removed via pump into standard
Services for de\/1/atering and solidification, as appropriate to pass paint filter test, and then landfilled. Based on
FBP's understanding of the dewatering process and solic:fification process, the extremely low levels ()f naturally
GP1905

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
E-mail: turt.pendergrass@ky.gov
Website: http://www;chfs.ky.gov/dph/radioactive.htm
2
GP1906
I
I
.~.'
TIOft: np.i.1"*
C,
Kalt, Brian [mallto:BKalt@fairmontbrine.com]


Subject: RE: Phone.Call.on February 26, 2016
Dr. Pendergrass,
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
-sclose., disse. minate, copy or print its contents . lfyou receive this e-mail in error, please notify the sender by reply e-mail and
~lete and destroy the message.
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.~v]

To: Kalt, Brian

Cc: Partridge, George (EEC); McKinley, MatthewW (CHS-PH)
Subject: RE: Phone Call on February 26,.2016
Thank you sir.
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
E~mail: curt.pendergrass@kv.gov
your fees cm line at https:Uprd.chfs.ky.gov/rad epay/
~notified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
Dispose of unwanted sources http://www:crcpd.org/StateServices/SCATR.aspx
.A'
GP1907

To:

Kind Regards,
Brian Kalt
President
412-680-6244
disclose, disseminate, copy or print its contents. lfyou receive this e~mail in error, please notify the sender by reply e-mail and
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergtass@ky.gov]

. .
..
To:
Kalt, Brian
Cc: Partridge, George (EEC); McKi,nley, Matthew W (CHS-PH)

Thank you Mr. Kalt for the thorough explanation ofthe inverse square law. And thank you for letting us kl1ow that the
on-contact dose rate reading with the Fairmont Brine Processing sludge did indeed read 2 mtern/hr.
to pick up the samples. And as long as we have your written permission to release these samples, assumihgthey still
GP1908

Mntucky Radiation Health Branch
East Main Street
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564.:.3700 ext. 4183
Fax: 502-:564-1492
We~~ite: http://www.chfs.ky'.gov/dph/rad ioactive.htm
Dispose of ~.nwanted sources http://www.crcpd.org/StateServices/SCATR.aspx
.-:.s
From: Kalt, Brian [mailto:BKalt@fairmontbrine.com1

Dr. Pendergrass,
a!llliidiograp.hi.c inspe.ction, the.ra.diation spreads out as it travels away from the source. Th.. erefore, the intensity
. .the radiat.ion follows Newton's Inverse Square Law. This law accounts for the fact that the intensity of
1000 rem.
Radiation dose= (Dose.Rate, mrem/hr)*(Distance of the known dose rate, in feet)"2
- p i e s : (Distance from source)
5
GP1909
(1 ft away)A2
= 0.000866 mrem, or 0.866 rem
(2 ft away)A2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
(10 ft away)A2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
Source reading:, 2 mrem/hr@ contact (assumed 0.25" from source)

(1 ft away)A2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
GP1910
M_o: Kalt, Brian
. : ; c : Partridge, George (EEC); McKinley, Matthew W (CHS-PH)

Unfortunately, looking through the analysis results from both Reliance laboratories and the Summit Environmental
Technologies laboratories I don't see where any radiochemical analysis on any of this material was performed which is
from certified referenced lab woUJd be great to have. Would you mind reaching out to these two companies and inquiring as to whether or not they retained the samples from last fall and if so, if our office could acquire a portion for
radiochemical analysis by our Environmental Monitoring. Laboratory? We would be more than happy
to come pick
up
..
.
information on what type of survey instrument you were using when you too.k the surveys referenced below (make,
material above background. The aver:age reading of all samples (1 foot from the sludge) was only 0.2267 R/hr
(0,0002267 mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 niR/hr), As
published by the Nuclear Regulatory Commission (NRC) and .United States Environment Protection Agency (EPA),
Thanks again for your cooperation and assis.tance in this matter.
Regards,
Supervisor, Radioac;tive M.aterials Section
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Dispose
of unwanted
sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
.
.
.
~
~: Kalt, Brian [mailto:BKalt@fairmontbrine.com]

7
GP1911
Gentlemen,


3.
After Fairmont Brine Processing's (FBP) Sludge Disposal Plan (Please see attached) was accepted and approved by Ja:son
4.
capture barium, a toxic constituentin some brines, as barium sulfate and to capture radium, as radium sulfate, to form
.doctors as a contrast media to coat esophagus, stomach, or intestine so that diseased or damaged areas can be seen by
x-ray or CT scan .
. FBP's sludge has been fairly consistent since operations began in 2013. Because of the possible co-precipitation of
raclium with barium, FBP monitors the sludge with a handheld detector. In 2014 arid early 2015, FBP's sludge had no
levels of naturally occurring radioactive materials above background. This sludge is similar in na:ture fo sludge generated
mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As. published by the
than the dose ()f drinking several glasses of beer per hour (0.07 mR per beer), and slightly lower than consuming one
dewatering boxes. After some dewatering period on~site, the boxes were received by Advanced TENO RM Services for
5.
of the landfill?
GP1912
. e Non-Hazardous Material.
Kind Regards,
Brian -Kalt President

412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom .it is addressed. Its c;ontents (including
any attachments) are confidential and may contain privileged information: If you are not an intended recipient you must not use,

Cc: Kalt, Brian
.bject: RE: Phone can on February 26, 2016

Curt;
Tha_nk you for responding to Mr. Kalt's question.
George Partridge
KDWM

Hello Mr. Kalt,

s a result of human practices. Naturally occurring radioactive material does not include the natural
oactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
..
GP1913
(3) Naturally-o-ccurring ~adioacti\/e-materia-1 (NOR-M) as defined in KRS 21i.862(B)
shalibe the e>Cdus~iv-e~~-~~~~
KRs 211.869 Penalties. http://www.lrc.ky.govI statutes/statute.aspx?id=8505
Facility
activities whether it be disposal in place, disposal in a sanitary landfill, d~sposal in a licensed TENORM
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky;gov/d ph/radioactive.htm
Dispose
of ..unwanted
. .
:;ti,
-
10
GP1914
--.
---------~-~------~---------

o: Kalt, Brian
c: Partridge, George (EEC); Pendergrass, Curt (CHFS DPH); Maybriar, Jon (EEC)
Mr Kalt:
Any questions you may h.ave regarding KRS 211 and the related radiology regulations of 902 KAR 100 should be directed
Fa_mily Services (CHFS).
Thanks,
Danny Anderson
Dr. Partridge,
Thank you for .Putting this all together.
Under KRS 211.862 and 211.863, what levels of naturally occurring radioactive material has Kent1,.1cky set
Kind Regards,
Brian Kalt
President
Fairmont Brine
412-680-6244
Pro~essing,
LLC
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. I.ts
contents(including any attachments) are confidential and may contain privileged information. If you are not an
intehded recipient you rnust not use, disclose, disseminate, copy or print its contents. If you receive this e~mail in

Sent:, Friday,
February 26.
2016 5:36 PM
.
. 1
To: Kalt, Brian

Hello Brad;
"
I appreciated you calling today and the opportunity for us to talk. Just wanted to briefly highlight the.
11
GP1915

I concluded our conversation by affirming tha.t I am not aware of any concerns regarding how FBP
follows:

Ridge ~andfill between July and November of 2015?
5. Is there analytical data on th~ waste available to help us understand the impact that will have on
manageme11t of the landfill?
I appreciate very much that you are in contact with our Division arid Dr. Curt Pendergrass. Any
Thank you,
George
(1eor9e P. PartridfJe Jr., PfiV,, P.'E., Q,'EP

12
GP1916
._rom:
Sent:
To:
Subject:

C:t.Jrt;
Thank you for following up on this!
George

To: Kalt; Brian
How about. we pay you a visit on Friday Mr. Kalt? I would need to reach out to my counterparts in WV just to see if they
without first checking with them .. And I believe Mr. Jason Frame has quite a bit of experience working with you and your
can bring the proper sampling equipment .
rt Pendergrass PhD
Mailstop HS1C~A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502~564-1492
E-mail: curt;pendergrass@ky.gov
Website: http://www.c:hfs.ky.gov/dph/radioactive.htm
Pay your fees on line at https:ljprd'.chfs.ky.gov/rad epay/
Be notified ofproposed regulation changes https://secure.kentucky.gov/Regwatch/
Dispose of ~nwanted sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
--....-,--------..,..--~---

Subject: RE: Phone Call on Februar.y 26, 2016
Pendergrass,
GP1917
Kind Regards,
Brian Kalt
President
...C..
Fairmont~Brine1>rocessing1ll
412-680-6244

To: Kalt, Brian
Cc: Partridge, George (EEC); McKinley; Matthew W (CHS-PH)

Subject: RE: Phone Call on February26, 2016
Sorry to hear that Mr. t<alt but I was thinking that was probably going to be the case given the amount of time that has
transpired. But thanks for checking on the samples with Summit and Reliance just the same.
back your earlier e- .
mails, you mentioned that the sli.idge was being dewatere.d on site in dewatering boxes. Do you have any of this sludge
material
currently on site that we can easily. access to take a sample of what you are now processing.
that Y
.. ou would
.
.
mind us coming to get? I am not familiar with your facility but I really don't wish to get in a boat to float on yQur settling
pond or don scuba gear to take sludge sample at the bottom of a deep.settling pond. The picture of the pond on your
website looks like it would be difficultto sample.
~ooking
Currently, FBP does not physically dewatei" the sludge on-site. The sludge is removed via pump into standard
dewatering boxes. After some dewatering period on-site, the boxes were received by Advanced TENORIVI
Services for dewatering and solJdific~tion, as appropriate to pass paint filter test, and then (anc:lfilled, Based on
GP1918

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
.....Asite: http://www.chfs.ky.gov/dph/radioactive.htm
W'Wv
GP1919
.From:
.Kai~, ~rian [mailto:BKalt@fairmontbrine.co_m_]-..,,;,~----_..,....-----~-_._,..,.;..-..---~----~----

To: Pendergrass, Curt (CHFS DPlO
Subject: RE: Phone Call .on February 26, 2016
~~or:Peneletgrass,
I just spoke with Summit, and they keep samples on file for sixty days unless a tlient requests a longer period oftime
prior to analysis.
Kind Regards,
Brian Kalt
President
412-6800:6244
The information contained in this e-rnail is intended only for the individual or entity to whom it is addressed. Its conterlts(induding
disclose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply .e-'mail and
delete an<;! destroy the message.
from:
Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]
$~nt: Wednesday, March 02, 2016 9:08 AM
To::Kalt, Brian

Thank you sir:
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
E-'mail: curt.pendergrass@ky.gov
Pay yourfees on line at https://prd.chfs.ky.gov/rad epay/
Be. notified of proposed regulation changes https:Usecure.kentucky.gov/Regwatch/
GP1920

Dr. Pendergrass,
Kind Regards~
Brian Kalt
President
412-680..:6244
~sdose, disseminate, copy or. print its contents. If you receive this e-mail in error, please notify the sender by reply .e~mail and
,..lete and destroy the message. .
.

To: Kalt, Brian
Thank you Mr. Kalt for the thoro1,.1gh explanation of the inverse square law. And thank you for letting us know that the
on-contact dose rate reading with the Fairmont Brine Processing sludge did indeed read 2 rnrern/hr.
material to our office for.radiochemical analysis? As I said, we would be more than happy to make the drive to OH or WV
- i n e d these samples.
GP1921

Mailstop HSlC-A.
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
.. ... , ~Webstte:..httn:Llwww~cbfs.k:t.gmtLdnbLrad.i.oactiY,e.btm
Pay your fees on line at https://prd;chfs.ky.gov/rad epay/


Dr. Pendergrass,
Please note, for clarity, the values provided previously were numbers .calculated above background. In
radiograp~i.c.inspection1 the radiation spread. s outas it tr~vels away f.rom th. e source. Therefo.re, th: intensity.
of the rad1at1on follows Newton's Inverse Square Law. This law accounts for the fact that the intensity of
In industrial radiography, the intensity at one distance is typically known and it is necessary to cakl11ate the
called the Newtown Inverse Square Law is applied to determine the dose rate at any other dist!'mce. Note: 1 mrem =
1000 rem.

6
GP1922
you were standing 1 ft from the source for one hour, the dose would be:
(1.ft away)A2
= 0.000866 mrem, or 0.866 rem
Dose= (2 mrem/hr)*(0.0208ft)A2 . = 0.0002163 mrem, or 0.2163 rem
(2 ft away)A2
sensitive enough.
(10 ft away)A2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
4!11turce reading: 2 mrem/hr@ contact (assumed 0.25" from source)
Dose= (2 mrem/hr)*(0.083 hrs)* (0.0208 ft)A2
(1 ft away)A2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
te and destroy the message.
GP1923

To: Kalt, Brian

from a certified referenced labwouid
great to ~have. Would you mind reaching out to these
companies and .
inq1,1iring as to whether or not they retained the samples from last fall and if so, if our office could acquire a portion for
be
tWO
model, calibration date). If you took a background with this instrument, what. did it read? You indicated you took your
material above background. The average reading of all samples (1 foot from the sludge) was only 0;2267 R/hr
(0,0002267 mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008GS2 mR/hr). As

Regards,
IViailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax: 502-564-1492
E..:mail: curt.pendergrass@ky.gov
Pay your fees on. line at https://prd.chfs.ky.gov/rad epav/
sent: Monday, February 29, 2016 3:33 PM.

8
GP1924
Gentlemen,
.lease see the responses in green to your questions below.

2 ... Whomanufactur:ed the shipping containers? .
3.
What. was the total quantity of waste shipped in the 47 shipments that were received by Blue Ridge Landfill
4.
FBP uses sodium sulfatE!; a soluble compound whose predominant use is in.the manufac;ture of powdered soaps, to
been determined to be non-hazardous .
. . .hen .soluble barium is converted to insoluble barium sulfate, it's toxic nature becomes so benign that it is used by
x-ray or CT scan.
radium with barium,.FBP monitors the sludge with a handheld detector. In 2014 and early 2015, FBP's sludge had no
In the second half of 2015, FBP's sludge had exhibited very, very low levels of naturally occurring radioactive materi_al
. mR/hr). The highest reading (1 fobt from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr). As published by the
than the dose of drinking sevi;?ral glasses of beer per hour (0.07 mR per beer), and slightly lower than consuming one
dewatering boxes. After som~ dewatering period on:site, the boxes were received by AdyanC:ed TENORM Services for
dewatering and solidification, as appropriate to pass paint filtertest, and then landfilled. Based on FBP's understanding
of the dewatering process and solidification process, the extremely low levels of nat~rally occurring radioactive
- 5 . Is there analytical data on the waste available to help us understand the impact that will have on management
of the landfill?
GP1925
Kind Regards,
~. ----~Brian~Kalt~--
--
.~. --~-=~.-~~~----
.----=-= ~~--~~- -.
-----------=
.-~---~.~~~~~-
President
412-680-6244
disclose, disseminate, copy or print its contents, If you receive this e-mail in error, please notify the sender by reply e-mail and
From: Partridge, George (EEC) [mailto:.George.Partridge@ky.gov]

Cc: Kalt, Brian
Sent: Monday, February 29, 2016 io:07 AM
Curt;
Thankyou for responding to Mr. Kalt's question.
George Partridge
KDWM
Sent: Monday, February29,2016 8:53 AM

To: Anderson, Danny J (EEC); i<alt,Brian
Cc: Partridge, George (EEC); Maybriar, Jon_ (EEC)
Hello Mr. Kalt,
KRS 211.862 Definitions for KRS 211.B~l to 211.869. http:ljwww.lrt.ky.gov/statutes/statute.aspx?id=8501

(8) "Naturally-occurring radioactive material" (NORM) means naturally occurring materials not regulated_
under the Atomic Energy Act of 1954, as amended, whose radionudide concentrations have been increased by
10
GP1926
11
11
902 .KAR 100:010. De.finitions for 902 KAR Olapter 100. http:ljwwwJrc.state.ky.us/kar/902/100/010.htm
11
1) Technically Enhanced Naturally Occurring Radioactive Material 11 TENORM 11 means N.O.R.M., which has
en separated to various degrees from the original ore or other material, refining or implementing it.
-- Prohibitions -- Exemption. http:ljwwwJrc.ky.gov/statutes/statute.aspx?id=8502
(3) Naturally-occurring radioactive material (NORM) as defined in KRS.211.862(8) shall be the exclusive
Kentucky, ifthe imports or disposal are inconsistent with polices ofthe commission.
Facility
.
A
~dionuclides, concentrations and waste form. At a concentration of 5 pCi/g, regulatory agencies will
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky;gov/dph/radioactive.htm
Pay your fees on line at https://prd.chfs'.ky.gov/rad epay/
Dispose of ~.nwanted sources http://www.crcpd.org/StateServices/SCATR.aspx
11
GP1927
To: Kalt, erian

Cc: Partridge; George (EEC); Pendergrass, Curt (CHFS DPH); Maybriar, Jon (EEC)
F~bruary 26, 2016
Subject: Re: Phone Call on
Mr Kalt:
Family
Services
(CHFS).
__ ...,._. ____, -. - - -
~-~~-~-'--------
--~--- -=""'-~~~---0~-=----------~~~~-==-.,.-----
-=~--~-~--
----=~~-~~--~-~~-~~-~-,,,~-------~-=~-~"=--"""""",,--~
Thanks,
Danny Anderson
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680-6244

To: Kalt, Brian


Hello Brad;
12
GP1928
cont~ct shared that TENORM waste was also being shipped from WV as well and referred us to Jason
Was the waste solidified priorto being sent to the landfill.
Our c,mderstanding was the waste was sent directly to the landfill.
Kentucky does notregulate TENORM?

we can address the questions that are being presented .to our Division by the press and public. The key
follows:
1.
2.
3.
4.
5.

Thank you,
George
<jeor9e P. Partricfee Jr., PfiV, P.'., Q,'EP

13
GP1929
a.,m.
..._.-nt:.
To:
Subject:

Curt;
Thank you for following up on this!
George

To: Kalt; Brian

wish to accompany us on this sampling trip to your Fairmont, WV facility. We never go into another agencies jurisdic~ion
~rt
Pendergrass PhD
Wpervisor, Radioactive .Materials Section
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
~-------

To: Pendergrass; Curt. (CHFS DPH)

. _ . Pendergrass,
GP1930
Kind Regards,
Brian Kalt
I
President
,__c_. ~--palrmOTITBriffe-ProtKsfnrttC-c_c_ ...~-~-~~---~~-~~~~412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addres.sed. Its contents (including
Te>:
Kalt, Brian
Cc: Partridge, George (EEC); McKinley, MatthewW (CHS-PH)

tra. nspired. But th._anksfo r_ checking on the. sa. m_ pies with Summit. an. d Reliance j.u. st the. sam. e. Looking
.. ba.ck. y.our earlier.e-.
mails, you mentioned that the sludge was being dewatered on site in dewatering boxes~ Do you have any of this sludge
material currently on site that we can easily access to take a sample of what you are now processing that you would,....
mind us coming to get? I am not familiar with your facility but I really don't wish to get in a boatto float on your settling
pond or don scuqa gear to take sludge sample at the bottom of a deep settling pond. The picture ofthe pond on your .
Services for dewatering and solidification, as appropriate to pass paint filter test, and then landfilled~ Based on
,
2
GP1931

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
.your fees on line at https:f/prd.chfs.ky.gov/rad epay/
otified of proposed regulation changes https:f/secure.kentucky.gov/Regwatch/
3
GP1932

Sent: Wednesday, March 02, 2016 9:11 AM.
To: Pendergrass, Curt (CHFS DPH) .

Cc: Partridge, George (EEC); McKinley, Matthew W (CHS-:PH)
I j{jst spoke with Summit, and they keep sarnples on file for sixty days unless a client requests a longer period of time
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-rnail is intended only forthe individual or entity to whom it is addressed. Its contents (including
anv attachments) are confidential and may contain privileged information. 1fyou are not an intended recipient you rmist not use,
disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply
and
..
.
dis~lose,
e~mail
:9
-
From: Pendergrass, Curt (CHFS DpH) [mailto:Curt.Pehdergrass@ky.gov]
S~nt: Wednesday, March 02, 2016 9:08 AM

TQ.:. Kalt, Brian
Cc: Partridge, George (EEC); McKinley, Matthew W(CHS-PH)
Subject: RE: Phone call on Febr\,lary,26, 2016
Thank you sir.

Ken.tucky Radiation Health Branch
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky.govId ph/radioactive.htm
Pay your fees on line at https://prd.chfs.ky.gov/rad epav{
Be notified of proposed regulation changes https:ljsecure.kentuckv.gov/Regwatch/
Dispose of unwanted sources http:ljw\11/w.crcpd.org/StateServices/SCATR.aspx
GP1933
't:

To:
Dr. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or. entity to whom it is addressed. Its contents (including
dis.close, disseminate, cop.y or print its co11tents. lfyou receive this e~mail in error, pleas.e notify the sender by reply e-mail and
.

To: Kalt, Brian

Thank you Mr, Kalt for the thorough explanation of the inverse square law. And thank you for letting us know that the
on-contact dose rate reading with the Fairmont Brine Processing sludge did indeed read 2 mrein/hr.
"Based on the highest recorded.Source reading: 2 mrem/hr@ contact (assumed 0.25" from source)"
You did not answer my question but would you be willing fo contact those laboratories where you previously sent t.his
ease let me know about the samples and thank you once again for your cooperation and assistance in this matter.
GP1934

Kentucky Ra.diation Health Branch
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-'1492
EMmail: curt.pendergrass@ky.gov
Website: http://www.chfs.ky.gov/dQh/rad_ioactive .~ti:n
Be notified of proposed regulation changes https:l!secure;kentucky.gov/Regwatch/
'
~~
..
..

To: Pendergrass, Curt {CHFS DPH)

Dr. Pendergrass,
radiati.on becomes weaker as it spreads out fr()m the source since the same about of radiation becomes
called the Newtown Inverse Square Law is applied to determine the dose rate at any other distance. Not.e: 1 mrem =
1000 rem.
(Distance where you want to calculate the dose. rate, ft)"2

6
GP1935
. o u were standing 1 ft from the source for one hour, the dose would be:
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away}"2
= 0.000866 mrem, or 0.866 rem
(2 ft away}"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
.ource reading: 2 mrem/hr@ contact (assumed 0.25" from source)
9'ou
were standing on the source for 5 minutes (.083 hours), the dose would be 0.166 mrem.
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
, ~ete and destroy .the message.
GP1936
---~---
----------From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]
Sent: Monday,
To: Kglt, Brian
February 29, 2016 4:29 PM

Technologies Laboratories I don't see where any radiochemical analysis on any of thi.s material was performed which is
- .. from a certified referenced lab would be great to have. Would you mind reachlng-out~to-these-two companies.and
the samples if they are available ..
readings 1 foot from the sludge. Is that 1 foot from the sludge samples before you sent them to Reliance ar;id Summit or
In the second. half of2015, FBP's sludge had exhibited very, very low levels of naturally occurring rad.ioactive
material above. background. The average reading of all samples (1 foot from the sludge) was only 0,2267 R/hr
(0.0002267 mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.00086S2 mR/hr). As
Thanks again for your cooperation and assis.tance in.this matter.

Regards,
Kentucky RadiC1tion Health Branch
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax: 502-564-1492
Dispose of u11wanted sources http://www.crcpd.org/StateServices/SCATR.aspx
__
-----
.. --------~-------------

8
GP1937
Gentlemen,
. .ase see the responses in green to your questions below.

Each box can hold up t.o 25 yards. length 20', Height 6' and Width 8'. Empty Weight is 9,000 lbs.
2. Who manufactured_the shipping containers? .
3.
4.
.been determined to be non-hazardous.
9ctors as a contrast media to coat esophagus, stomach, or intestine so that diseased or damaged areas can be seen by
x-ray or CT scan.
radi.um with barium, FBP monitors the sludge with a handheld detector. In 2014 and early 2015, FBP's sludge had no
at a typical drinking water trecitment plant.
above background. The average reading of all samples (1 foot from the sludge) was only 0.2267 R/hr(0.0002267
mR/hr). The highest reading (1 foot from the sludge) Was only 0.8652 R/hr (0.0008652 mR/hr). As published by the
Nuclear Regulatory Commission (NRC) and l,lnited States Environment Protection Agency (EPA), both readings are lower
than the d.ose of drinking several glasses of beer per hour (0.07 mR per beer), and slightly lower than consuming one
Currently, FBP does not physically dewater the sludge on-site. The sludge is rernoved via pump into standard
materials were to be eliminated .
5.
of the landfill?
GP1938
Kind Regards,
-------
-Br:ian~Kalt---~---------~~-----------------
----
--------
---~----~------- ---~--~--~~-~---~~----~--~--~~-----~~
President
412-680-6244
From: Partr_idge, George (EEC) [mailto:George.Partridqe@ky.gov]

..
'.

Cc: Kalt, Brian
Curt;
George Partridge
KDWM
-------------------------------

To: Anderson, Danny J (EEC); kalt, Brian
Hello Mr. Kalt,

under the Atomic Energy Act of 195~, as amended, whose radionuclide concentrations have been increased by
or as a result of human practices. Naturally occurring radioactive _material does not _include the natural
10
GP1939
11
11
902 KAR 100:010. D.efin. itions for 90.2KAR.Chapter100. http:l/www.lrc.state.ky.us/kar/902/100/010.htm
1) "Technically Enhanced Naturally Occurring Radioactive Material 11 TENORM 11 means N.O.R.M., which has
en separated to various degrees from the original ore or other material, refining or implementing it.
KRS 211.863 Control of commerce of low-level radioactive waste in:and out of Kentucky
{3) Naturally-,occurring radioactive material {NORM) as defined in KRS 211.862(8) shall be the exclusive
material {NORM} from outside the region for disposal in Kentucky, or dispose of such imported material in
KRS 211.869 Penalties. http:L/www .lrc.ky.govI statutes/ statute.aspx?id=8505
issued pursuant to KRS 211.859 or KRS 211.863 and 211.865 shall be assessed a civil penalty not less th~n ten
Plan, Adopted May 1999 (http://www'.cmcompact.org/publications/Regional Mgmt Plan.pdf)
--.Disposal of TENORM Waste at Facilities in the Region other than the Regional LLRW Disposal
Facility
dionuclides, concentrations and waste form. At a concentration of 5 pCi/g, regulatory agencies will
activities whether it be disposal in place, disposal in a sanitary landfill, disposal in a licensed TEN ORM
Regards,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Pay your fees on line at https:/jprd.chfs.ky.gov/rad epay/
Be notified of proposed regulation changes https:/jsecure.kentucky.gov/Regwatch/
Dispose of unwanted sources http:/jwww.crcpd.org/StateServices/SCATR.aspx
11
GP1940

To: Kalt, Brian
Mr Kalt:
~~l~l!li!Y Seryt~~s (~Hfi}. _..~~~~. ..... ~~~- --~~ _-.~.-. --~-~~~--~.~--.~- . . ---~---~-~~--~-~--~~~~--~~-~~~Thanks,
Danny Anderson
On Feb 27, 2016, at 12:59 PM, Kalt, Brian.<BKalt@fairmontbrine.com> wrote:
Dr. Partridge,
Kind Regards,
Brian Kalt
President
412-680~6244

To: Kalt, Brian
Hello Brad;
12
GP1941
Frame. jason Frame informed us about the waste stream from FBP.
Our understanding was the waste wa~ sent directly to the landfill.

follows:
1. A description of the conta.iners used for the shipment of the waste.

3. What was the total guantity of waste shipped in the 47 shipments that were received by Blue
5. Is there analyticaldata on the waste available to help us understand the im~actthat will have on
without a written requestfrom KOEP. I am also glad you contacted me today and we got a chance to
questions I have or information I need will be dir~cted to your attention through formal
Thank you,
..
George
(jeor9e P. Partritfee Jr., Pfi'lJ, P.'E., e:EP

13
GP1942

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
I
14
GP1943

om:
. .nt:
To:
Subject:

Weems, George (EEC)
RE: Manifests so far
George;
Thank you!
George

To: Thomas, Richard F (EEC); Partridge, George (EEC)
Subject: Manifests so far
So far I have loads almost into February, in fact the 2ih of January.
GP1944
A.om
~t:
To:
Subject:

'Frame, Jason R'
Jason;
I appreciate all you are doing to assist our respective Cabinets that Dr. Curt Pendergrass and I serve in.
George Partridge
KDWM
From: Frame, Jason R [mailto:Jason.R.Frame@WV.gov]

Curt,
.ason R. Frame B.S. R.T. (R), Chief Radiological Health Program

.itfice of Environmenta.I Health Services/Radiation, Toxics and Indoor Air Division
.
Office: (304)?56-4303 ,,
Fax: (304) 558-0524
.
Wo Capitol Street, .Room 313

o Kalt, Brian
.
Partridge, George (EEC); McKinley, Matthew W (CHS-PH); Fowler, Kathy L {CHFS PH)
. .~ect: RE: Phone Call on February 26, 2016

1
GP1945
without first checking With them. And I believe Mr. Jason Frame has quite a bit of experience working with you and your
fa.c. ility. You said the s. ludge would be easily accessible with proper planning. What would that entail exactly just so we
Supervisor, Radioactive Materials Sec.tion
. -.~.-Z.7.-l)-6ast-Main~trnet-~~--CC....... _~--~~~-- -~-~----C---.--~ . ---~-~-~-.. ~--~~-~---~---~-~--.~~-~~~-~-~.~=~
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Be notified of proposed regulation changes htt~s://secure.kentucky.gov/Regwatch/
To:F>endergrass,.Curt (CHFS DPH)

Cc: Partridge, George (EEC); McKinley, Matthew ,W (CHS-PH)
M.r. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244

2
GP1946
To: Kalt, Brian
.
Partridge, George (EEC); McKinley, Matthew
Subject: RE: Phone Call on February 26, 2016 .
cc:
w(CHS-PH)
' r r y to hear that Mr. Kai! but I was thinking thatwas probably going to be the case given the amount of.time that has
transpired. But thanks for checking on the samples with Summit and Reliance just the same. Looking back your earlier emails, you mentioned that the sludge was being dewatered on site dew;:itering boxes. Do you have any of this sludge
mind us coming to get? I am not familiar with your facility but I really don't wish to get in a boat to floaton your settling
pond or don scuba gear totake sludge sample atthe bottom of a deep settling po11<J~Ih~_p_if1l!I~J>Hh~_PQ!ld~cmyQlJ_(
website lool<ifike-it would be difficult io sample.~ - --~------
in
----c-
..
'
----- ----
..
Currently, FBP cfoes not physically d.ewater the sludge on:-site. The sludge is removed via pum.p into .standard
dewatering boxes. After some dewatering period on-site, the boxes were received by Advanced TE NORM
FBP's understanding of the dewatefing process arid solidification process, the extremely low levels ()f naturally
GP1947

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
4
,
GP1948
Dr. Pendergrass,
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended onfy for the individual or entity to whom it is addressed. Its contents (including
~ close, dis.semi.nate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e~mail and
. . . . .ete and destroy the message.
.

To: Kalt, Brian
Thank you sir.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
E~mail: curt.pendergrass@ky.gov
Website: http:Uwww.chfs.ky.govI dph/radioactive .htm
. .notified of proposed regulation changes https:Usecure.kentucky.gov/Regwatch/
Dispose of unwanted sources http:ljwww.crcpd~org/StateServices/SCATR.aspx
GP1949
---
- - - - ----


~~~r: Pencfergrass,
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is add_ressed. Its contents (including
any attachments} are confidential and may contain privileged information. If you are not an intended recipient you must not use,
ra
Sent: Wednesday, March 02, 2016 9~02 AM
To:
Kalt, Brian

on-contact dose rate reading With
the Fairmont Brine
Processing
sludge
did indeed
read 2 mrem/hr.
.
.. .
.
.
..
.
.
same FBP sludge for analysis to see. if they retained a sample of that material and if so, would they mind releasing that
material to our office for radiochemical analysis? As I said, we would be more than happy to make the drive to OH o~ WV
.to pick up the samples. And as long as we have your written permission to release these samples, assuming they still
exist, I would be more than happy t() contact Reliance or Summit on your behalf and inquire as to whether they still
Please let me know about the samples and thank you once again foryour cooperation and assistance in this matter,
GP1950

~tucky Ra.diation Health Branch
~ East Main Street
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website:. http:f/www.chfs.ky.gov/dph/radioactive .htm
Dispose of unwant~d sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
From: Kalt, 6rian [mailto:BKalt@fairmontbrine.com]


Dr. Pendergrass,
~diographic i.nspection, the radiation spread. s out.as it travels awayfro. m the source. T.herefore, the intensity
. .the radiation follows Newton's Inverse Square Law. This law accounts for the fact that the intensity of
radiation becomes weaker as it spreads out from the source since the same about of radiat.ion becomes
11
Di
l2
D1
Accordingly, we calculated our maximum dose {measured at 2 mR/hr at sludge contact) as follows:
With a known dose rate reading at a given distance from the source {at contact, say 0;25", or 0.0208 feet), the fixed law
1000 rem.
Radiation dose= (Dose Rate, mrem/hr)*(Distance of the known dose rate, in feetl''2
{Distance where you want to calculate the dose rate, ft)/\2
-mples: {Distance from source)
Based on the highest recorded Source reading: 2 mrem/hr@ contact {assumed 0.25" from source)
7
GP1951
(1 ft away)A2
= 0.000866 mrem, or 0.866 rem
(2 ft away)A2
= 0.0002163 mrem, or 0.2163 rem
Note,.at this distance, the reading would not be measured above background, as the detection equipment is 11ot
sensitive enough.
(10 ft away)A2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.

(1 ft away)A2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
GP1952

: Kalt, Brian
Partridge, George (EEC);. McKinley, Matthew W (CHS-PH)
Technologies Laboratories I don't see where any radiochemical analysis on any of thi.s material was performed which is
what we were really hoping to find, Something that actually put a nmbertQJf'le ac.t.!JaJpCj/gforJ~a:226_and_Ba~228 .
from a certifie-ct reterenceci..iat>wo-uld be great to have. would you mind reaching out to these two companies and
the samples if they are availabl.e.
information.onwhat type of survey instrument you were using when you took the surveys referenced below (make,
model, ccilibration date). lfyou took. a background with this instrument, what did it read? You indicated you took your
'
material above background. The average reading of all samples (1 foot from the sludge) was only 0,2267 R/hr
(0.0002267 mR/hr). The highest reading (lfoot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr), As
both readings are lower thanthe dos.e of drinking several glasses of beer per hour (0.07 mR per beer), and
Thanks again for your cooperation and assista.nce in this matter,
Regards,
Curt Pendergrass PhD .
Mailstop HlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502'."564-1492
Email: curt.pendergrass@ky.gov
Website: http:Uwww.chfs.ky.goV/dph/radioactive.htm
Pay your fees onllne .at https://prd.chfs.ky.gov/rad epay/
Be notified of proposed regulatic>n changes https:ljsecure.kentucky.gov/Regwatch/
Dispose of.~nwanted sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
,.,.-~-~------~-~-----------------------~..~--------'~-
: Kalt, Brian [mailto:BKalt@fairmontbrine.com]
ent: Monday, Februa~ 29, 2016 3:33 PM

9
GP1953
- - - - -
Gentlemen,
~- -~ ~~-2 ... Who~manufac;tur:ed~tl:ie-Shipping.cor:itainers1~.~
__ . ~--

3.
After Fairmont Brine Processing's (FBP) Sludge Disposal Plan (Please see attached) was accepted i;ind approved by Ja.son
4.
capture barium, Cl toxic coristitu~htin some brines, as barium sulfate and to capture radium, as radium sulfate; to form
been determinedto be non-hazardous.

x-ray or CT scan ..
radium with barium, FBPmonitors the sludge with a handheld detector. In 2014 and early 2015, FBP's sludge had no.
at a typical drinking water tre(ltment plant.
mR/hr). The highest reading (1 foot from the sludge) Was only 0~8652 R/hr (0.0008652 mR/hr). As published by the
Nuclear Regulatory Commission (NRC) and United States Environment Protection Agency (EPA), both readings are lower.
Currently, FBP does not physically dewaterthe sludge on-site. The sludge is rernoved via pump into stamfard
dewatering
period on~site, the boxeswere received by Advanced
TENORM Serviees
for
dewatering boxes. After some
.
.
.
.
..
of the dewatering process and solidification process, the extremely low levels of naturally occurring radiocictive
'
5.
'
of the landfill?
10
GP1954
Environmental Protection's (WVDEP) Director, Scott Mandirola. Please see the attached analysi.s that was conducted on
~ Non-Hazardous Material.
tr::nything else is needed, please let us know.
Kind Regards,
Brian:Kalt
President
412-680-6244

Cc: Kalt, Brian

Curt;
George Partridge
KDWM


Hello Mr. Kalt,

..,...A~s a result of human practices. Naturally occurring radioactive material does not include the natural
~ioactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
11
GP1955
902 KAR 100:010. Definitions for 902 KAR Chapter 100. http:llwww.lrc.state.ky.us/kar/902/100/010.htm
(301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.Q.R.M., which has
&..
"W
-- Prohibitions -- Exemption. http://www.lrc.ky.gov/statutes/statute.aspx?id==8502
~~~---~~~~~--~--~----~~
--~~~
Central Midwest Interstate Low".'Level Radioactive Waste Commission Regional Management
Plan, Adopted May 1999 (http://www'.cmcompact.org/publications/Regional Mgmt Plan.pdf)
__-Disposal of TENORM Waste at Facilities in the Region other than the Regional LLRW Disposal
Facility
radionuclides, concentrations and waste form. At a concentration of 5 pCi/g, regulatory agendes will
Regards,
MailStop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Wet?site: htfo://www.chfs.ky.gov/d ph/radioactive. htm
Be notified C>f proposed regulation changes https://secure.kentuckv.gov/Regwatch/
~ispose of u1;1wanted sources_http://www:crcpd.org/StateServices/SCATR.aspx
12
GP1956

..8 Kalt, Brian
~Partridge, George (EEC); Pendergrass, Curt (CHFS DPH); Maybriar, Jon (EEC)
. .
Mr Kalt:
Any questions you may have regarding KRS 211 and the related radiology regulations of 902 KAR 100 should pe directed
Family Services {CHF~).
Thanks,
Danny Anderson
Dr. Partridge,
Under KRS 211.862 a~d 211.863, what levels of naturally occurring radioactive material has Kentucky set
Kind Regards,
Brian Kalt
President
412-680-,.6244
The information contained in this e-mail is intended only for the. individual or entity to whom it is addressed. I.ts
intMded recipient you must not use, disclose, disseminate, copy or print its contents. If. you receive this. e-mail in
error, please notify the sender by reply e~mail and dele.te and de~troy the message.

To: Kalt, Brian
Hello Brad;
questions you asked and what I shared, with you.
13
GP1957
Our understanding' was the waste was sent directly to the landfill.
issues permits for contained landfills and they are not to accept any .unpermitted waste. The DPH
regulates th~ management and disposal of radioactive materials and is responsible for licensure.

managed the waste, aricfthat I am only seeking to understand what was received by Blue Ridge Landfill
questions I am seeking to address in my role.as a permit engineer with the Solid Waste Branch are as
follows:
1. A description of the cont(liners used for the shipment of the waste.

2. Who manufactured .the shipping containers?
without a written request from KDEP. I am al.so glad you contacted me today and we got a chance to
briefly address questions you have. We are both seeking to understa-nd better what has happened and
Thank you,
George
<geor9e P. Partri<fee Jr., PfiV, P.'E., Q.,'EP

KY Division of Waste Ma,nagement
14
GP1958
ttlam:
Sent:
To:
Subject:

Curt; .
Thank you!
George

To: Frame, Jason R
.
Ct: Partridge, George (EEC); McKinley, Matthew W (CHS-PH); Fowler, Kathy L (CHFS PH)
Thanks Jason . .I would very much appreciate your accompaniment and your assistance on our visit to Fairmont Brine.
Hopefully Friday works well for you. The sooner we get these sludge samples to our lab f9r radiochemical analysis, the
bett,fr.
Curt Pendergrass PhD .:
~erv.is.or, R. adioactive Materials Section
~tucky Radiation Health Branch
275 EastMain Street
Mailstop HS1C-A
Frankfort,.KY 40621
Tel: 502-564""3700 ext. 4183
Fax: 502-564-1492
Webs.ite: http:/jwww .chfs.ky.gov(dph/radioactive.htm
Pay your fees on line at https:/jprd.chfs.kv.gov/rad epay/
Be notified of proposed regulation changes https:/jsecyre.kentucky.gov/Regwatch/
Dispose of unwanted sources http:/jwww .crcpd.org/StateServices/SCATR'.aspx

Curt,
. .uld like to accompany you on this visit. Thanks

1
GP1959

Office: (304)356-4303
Fax: (304) 558-0524

To: Kalt, Brian

How about we pay you a Visit on Friday Mr. Kalt? I would need to reach out to my counterparts in WV just to see if they
wish to accom. p.. any us on this.samp.Hng trip to yo.ur Fa.irmont, WV facility. We.never go int.o another agencies jurisdict.ionJl!a
without first checking with them, And I believe Mr. Jason Frame has quite a bit of experience working with you and y o u .
Mailstop HSlC-A
Frankfort, KY40621
Tel: 502-564~3700~;:'.l}83
:.'}
Fax: 502-564-1492 :
Website: http://\N'J.JW.chfs.ky.gov/dph/radioactive.htm
Pay your fees on line at https://ord;chfs.ky.gov/rad epay/
Dispose
of unwanted
.
.";:;.
...
.
.
.


2
GP1960
Mr.
Pendergrass~
slud~e
th~ mlddl~
-e
does not accumulate Jn either of the Jarge ponds you see in the picture below, butrather in
of the
picture in what loo!<s like a rectangle ("concrete basin"). With proper planning, we can access the sludge easily .. What
day wpuld work for you and or your team?
"''
Kind Regards,
Brian Kalt
President
412-680-6244
The Information cor:itained in this e-mail is intended only for the individual or entity to whom it is addre~sed. Its contents (including
any attachments) are confidential and may contain privileged information. If you are not an inte.nded retipient yqu'must notuse, '
disdose, disseminate, copy 6r;print its contents. If you receive this e~mail in error, please notify the seride~ byr~ply:e~mail arid
delete and destroythe message.
From: Pendergrass, Curt (CHFS DPH) [mailto:CurtPendergrass@ky.gov]

Sent: Wednesday, March 02, 2016 9:38 AM .
To: Kalt, Brian
.
.
.
; Pa.rtridge,.Geol'.ge (E~C); McKinley, Matthew W (CHS-PH)

119'>Ject: RE: Phone Call on February 26, 2016 .
Mr.
Sorry to hear that

Ka it but I was thinking that wa.s probably going to be the case given the an10unfoftime that has
transp)red.J~ut thariks for cheC:klng on the samples with Summit and Reliance just the same, tookiog back your earUer emails, you rnE!QtJohed;tii~t the slUdge was being dewatered on site in dew~tering boxes. Do you have any of this'sllJ~ge
material currently on"site that we can ea~ily access to take a sample of what you are now processing that ybu would
mind us corning to get? I am not familiar with your fadlity but I really don't wish to get in a boat to floa~ on ypur settling
pond or dpn'scl.lba;geartotak.e sJllqge sample at the bottom of a deep settling pond. The picture oft.he ppndpnyoiir ..
website looks like.it~ould be~ifficult1:o sample.
'
dewatering. boxes. After some dewatering period on-site, the boxes were received by Advanced TENORM
FBP's understanding of the dewatering process and solidification process, the extremely low levels 'of naturcilly
..
3
GP1961

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
4
GP1962
--~-'------~-,...~~---------------------~..,..-------~-

Dr. Pendergrass,
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
, ~~ose, disse.minate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
. ~te and destroy the message.

To: Kalt, Brian

Thank you sir.
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http:ljwww.chfs.ky.gov/dph/rad ioactive.htm
. .otified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
GP1963

I
~~-~~orPenoergras-s7~~------~~-
-_ ------
--~-~-~------~~~-~--~=---~~~-~~~~--~~--~~--~~-- --~~~-----~~--
Kind Regards,
Brian Kalt
President
412-680-6244
disclose, disseminate, copy or print its contents. lfyou receive this e-mail in error, please notify the sender by reply e-mail and.
Sent: Wednesday,
To: Kalt, Brian
March 02, 2016 9:02 AM

1
You did not answer my question b_ut would you be willing to contact those laboratories where you previously sent this
same FBP sludge for analysis fo see if they retained a sample of that material and if so, would they mind releasing that
m()terial to our office for.radiochemical analysis? As I said, we would be more than happy to make the drive to OH or WV
Please .let me know about the samples and thank you once again for your cooperation and assistance in this matter,
GP1964

. . . .ntucky Radiation Health Branch
~.5 East Main Street
.
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-'564..:1492
Website: http:/jwww:chfs.ky.gov/dph/radioactive.htm

To: Pendergrass, Curt (CHFS DPH) ,

Dr. Pendergrass,
-iograp. hic inspection, the rad. ia.tion spreads out as it travels away from the s.ource.. Th. erefore, the intensity
. h e radiation follows Newton's Inverse Square Law. This law accounts for the fact that the intensity of
In industrial radiography, the intensity at one distance is typieally known and it is necessary to calculate the
D2
2
D2
1
1000 rem.
I
. - p i e s : (Distance from source)

1.
7
GP1965
(1 ft away)A2
= 0.000866 mrem, or 0.866 rem
--~~-~---~~- -----=-=-:='~~-.,...,----"=----
>7-"'-""'"'-~c"'-"'""~-~-~-~~-
(2 ft away)A2
--,,,--~~~-~.,.,._~-~-~-~~~~
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*{0.0208 ft)A2
(10 ft away)A2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
If you were standing on the source for 5 minutes (.083 hours), the dose would be 0;166 mrem.
(1 ft away)A2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
GP1966
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@!(y.gov]
: Kalt, Brian
: Partridge, ~eorge (EEC); McKinley, Matthew W (CHS-PH)
,
Unfortunately, looking through the analysis results from both ~eliance Laboratories and the Summit Environmental
what we were really hopin~ to find. Somethin:S that actually put a number to tile actual J.>C::i/gfor fta-226 cind Ra,i28
inquiring as to whether or not they retained the samples from last fall and if so; if our office could acquire a portion for
the samples if they are av.ailable.
Also, thank you for the information on the radiological surveys of this sludge material. tan you give me a .little more
information on what type of survey instrument you were using w.hen you took the surveys referenced below (make,
model, calibration date). lfyou took a background with this instrument, what did it read?You indicated you took your
readings 1 foot from the sludge. Is that 1 foot from the sludge samples before you sent them to R~liance and Summit or
In the second half of2015, FBP's sludge had exhibited very, very low levels of naturally occurring radioactive
material above background; The average reading of all samples (1 foot from the sludge) was only 0,2267 R/hr
(0.0002267 mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 mR/hr)~ As
published by the Nuclear.Regulatory Commission (NRC) and United States Environment Protection Agency (EPA),
both readings are lower than the dos.e of drinking several glasses of beer per !lour (0.07 mR per beer), and
Thanks again for your cooperation an.d assistance in this m;:itter.
Regards,
Supervisor, Radioactive Materi~ls Section
Kentucky Ra.di.ation Health Brarich
Mailstop HSlC-A
Frankfort, KY 4Q621
Tel: 5Q2~564.:.3700 ext. 4183
Fax: 502-564-1492
Website: httb:ljwww.chfs.ky.gov/dph/radioactive.htm
Dispose of unwante.d sources http:ljwww.crcpd.org/StateServices/SCATR.aspx
..a:-:~K-a-lt-,~B~ria-n-[m-a--i-lto_:_B~Ka-1-t@_t__a-ir_m_o-nt-b-ri-ne-.-co-m~]~~-------
Wlfn't; Monday, February 29, 2016 3:33 PM

To: Partridge, George (EEC);

9
GP1967
Gentlemen,
1.

3.
Frame, Chief Radiological Health Program atthe Office of Environmental Health Services/Radiation, Toxics and Indoor
4.
FBP uses sodium sulfate, a soluble compound whose predominant use is in the manufacture of powdered soaps, to.
When soluble barium is converted to insoluble barium sulfate, it's toxic naiure becomes so benign that it is u:;ed by
doctors as a contrast media to coat esophagus, stomach, or intestine so that diseased or damaged areas can
seen by
x-ray or CT scan.
be
4'
FBP's sludge has been fairly consistent since operations began in 2013. Becau!;e of the possible co-precipitation of
radium with barium, FBP monitors the sludge with a handheld detector. In 2014 ahd early 2015, FBP's sludge had no
at a typic:al drinking water treatment plant.
mR/hr). The highest reading (1 foot from the sludge) was only 0'.8652 R/hr (0.0008652 mR/hr). As published by the
Currently, FBP does not physically dewater the sludge on'-site. The sludge is removed via pump into standard
dewatering boxes. After some dewatering period on..:site, the boxes were received by Advanced TENORM Services for
of the dewatering process and solidification process, the extremely low levels of naturally occurring r(ldioaC:tive
5.
of the landfill?
10
GP1968
Non-Hazardous Milterial.
fl/!_
Kind Regards,
Brian Kalt
President
412-680-'6244
'
The information contained in this e-mail .is intended. only for the individual or entity to whom it is addressed. Its contents (including
From: Partridge, George (EEC) [maHto:George.Partridge@ky.gov]

Cc: Kalt, Brian

. b j e c t : RE: Phone Call on February 26, 2016
Curt;

George Partridge
KDWM


Hello Mr. Kalt,
KRS 211.862 Definitions for KRS 211.861 to 211.869. http://www.lrc.ky.gov/statutes/statute.aspx?id:::i8501
'
(8) "Naturally-occurring radioactive material" {NORM) means naturally occurring materials not regulated
~oactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
'
11
GP1969
------
-----
AA
902 KAR 100:010. Definitions for 902 KAR Chapter 100. http:l/www.lrc.state.ky.us/kar/902/100/010.htm
{301) "Technically Enhanced Naturally Occurring Radioactive.Material "TENORM"means N.0.R.M., which has .._.,
-- Prohibitions -- Exemption. http:l/www.lrc.ky.gov/statutes/statute.aspx?id=8502
---~~
.--
~.
-=--
-~~~~~-~-,~~--~=~:.:
.. ----
~~~~~~~.-~~-
.. --
.. - .
~~ -~
.....
-~~~~~~-
(3) Naturally-occurring radioactive material {NORM) as defined in KRS 211.862(8) shall be the exclusive
Kentucky, if the imports or disposal are inconsistent with polices of the commission .
.KRS 211.869 Penalties. http:l/www~lrc.ky.gov/statutes/statute.aspx?id=8505
Central Midwest Interstate L.ow-tevel Radioactive Waste Commission Regional Management
Plan, Adopted May 1999 (http://www'.cmcompact.org/f)ublications/Regional Mgmt Plan.pdf)
__Disposal of TENO RM Waste
Facilities in the Region other than the Regional LLRW Disposal
Facility
waste site or disposal at a licen.sed LLRW disposal facility.
at
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky;gov/dph/radioactive. htrn
Pay your fees on line at https://prd.chfs.ky;gov/rad epay/
Dispose
of unwcinted
'.
.. sources http:Uwww.crcpd.org/StateServices/SCATR.aspx
.
.
.
.
12
GP1970
-------.-.------.--.--
-~~-----~-----~--.-.
.
Kalt, Brian
Mr Kalt:
Thanks,
Danny Anderson .
Dr. Partridge,
Under KRS 211.862 and 211.863, what levels of naturally occurring r~dioactive material has Kentucky sel:
Kind Regards;
Brian Kalt
President
412-680-6244
contents (in~luding any attachmen!s) are confidentialand may contain privileged information. If you are not an
intended recipient you must not use, disclose, disseminate, copy or print its con.tents. If you receive this e-mail in
To: Kalt, Brian

..
.
.
Hello Brad;
13
GP1971
------------------
---
Was the waste s9lidified prior to being sent to the landfill.
'
regulates the management and disposal of radioactive materials and is-responsible for licensure.

since their management has not made a complete disclosure ofthe wastes they have received.
follows:
4. Was all t_he waste similar in nature?
5. Is there analytical data on the waste available to help us understand the impact that Will have on
management of tile landfill?
!appreciate very much that you are in contact with our Division and Dr. Curt Pendergrass. Any
Thank you,
George
<jeor9e P. PartririiJe Jr., Pfi'D, P.'E., Q,'EP

14
GP1972
To:
Subject:

No problem
Sent via the Samsung Galaxy Note 3, an AT&T 4G LTE smartphone
-------- Original message -------From: "Partridge, George (EEC)" <George.Partridge@ky.gov>

Date:03/02/2016 5:30 PM (GMT-05:00)
To: "Frame, Jason R'' <lason.R.Frame@wv.gov>
Cc:
Jason;
I appreciate all. you are doing to a.ssist our respective Cabinets
that Dr. Curt Pendergrass and I serve in.
I
-~ Partridge
---------


Office: (304)356-4303
Fax: (304) 558-0524

GP1973

To: Kalt, Brian
without first checking with them .. And I believe Mr. Jason Frame has quite a bit of experience working with you and your
can.bring the proper sampling equipment.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax: 502..:564-1492
Websit.e: http://www.chfs.ky.govI dph/radioactive.htm
Pay your fees on line at https:/fprd.chfs.ky.gov/rad epay/


Mr. Pendergrass,
tt"A.
The sludge does not accumulate in either of the large ponds you see in the picture below, but rather in the .middle of
GP1974
Kind Regards,
t!llianKalt.
President
Fairmont Brine
412-680-6244
Processing~
LLC
The information contained in thise~mail is intended only for the individual- or entity to whom it is addressed. ltscontents-(including.
any attachments) are confidential and may contain privileged information. If you are not an intended retipient you must not uSeJ:
disclose, disseminate,
copy
or print its cc'>'htents;
If you receive this e-mail .in error, please
.
.
.
. notify. the sender
. by reply e-mail and
From: Pendergrass, Curt (CHFS DPl-I) [mailto:Curt.Pendergrass@ky.gov]

To: Kalt, Brian
.
transpired. But.thanks for checking on the samples with Summitand Reliance just the san:ie. Looking back your earlier emails, you mentioned that the sludge was being de_watered on site in dewatering boxes. DO you have any of fbis.slu~ge
material currently on site that we can easily access to take a sample of what you are;nciw processingthatyou would
Ali!.nd u__ s c_ om__in_gto get? '_am n_ ou_a__rniliarwith yo-ur fctc_ i-lity but 1r~ally- don'tw-_ish to get1n_a___ boat_ to_ float oil yo_ u_-_-_r__settl_i~g
~d or don scuba gear to take sl11dge sample at the bottom of a deep settling pond. The picture of the ponq on your -_
--- website looks like it would be difficult to sample.

.
Curre.ntly, 'F~P d~es hot physically dewater the sludge on-site. The sludge is ~ernd\/ed via pump ,into standard
dewaterif)g boxes. After some dewaterlng period on-site, the _boxes were receiveg.by Advanced TENORM
Services for g~waterfrig and solidification, as appropriate to pass paintfilter test, (Ind then landfilled., Based on
FBP1s unc.iersf~h~ing of th~ dewatering process and solidification process, th extremely low levels pf naturally
occurring radio~ctive materials were to be eliminated.
GP1975

Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Be notified of proposed regulation changes https://secure.kentucky;gov/Regwatch/
4
GP1976
..... "!fl~
~:
~tff
Kalt, Blian
[mailto:BKall:@fairmontbrine.~]

Dr. Pendergrass,
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
~lose, d. isse. minate, copy or print its contents. If you receive thi~ e-mail in error, please notify the sender by reply e-mail and

To: Kalt, Brian
Cc: Partridge; George (EEC); McKinley, Matthew W (CHS-PH)

Thank you sir.

Supervisor, R~dioactive Materials Section
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax:502-564-1492
Ayour fees on line at https:ljprd.chfs.ky.gov/rad epay/
Fnotified of proposed regulation changes https:ljsecure.kentucky.gov/Regwatch/
Dispose of unwanted sources http:ljwww .crcpd.org/StateServices/SCATR.aspx
GP1977
--------------
-------

Kind Regards,
Brian Kalt
President
412-680-6244
~
~
To: Kalt, Brian

Subject: RE: Phone.Call on February 26, 2016
on-contact dose rate reading with the Fairmont Brine Pr'6cessing sludge did indeed read 2 mrern/hr.
"Based on the highest recorded.Source reading: 2 mrem/hr@ contact (assumed 0.25" from source)"
to pick up the sarnples. And as long as we have your written permission to release these samples, assuming they still
GP1978

~ntucky Radiation Health Branch
~-5 East Main Street
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564.:.3700 ext. 4183
Fax: 502-564-1492
W_ebsite:http:l/www.chfs.ky'.gov/dph/radioactive.htm
Pay your fees on line at https:Uprd.chfs.ky.gov/rad epav/
from: Kalt, Brian [mailto:BKalt@fairmontbrine.com]

Sent: TueSday, March 01, 2016 5:01 PM
To:

Cc: Partridge, George (EEC); McKinley, Matthew W {CHS-PH)
Dr. Pendergrass,
~diog.raphic.. inspection, the.rad. iation spreads out as it travels a. wayfrom the source. The
.. refore, the inte. nsity
. .the radiation follows Newton's Inverse Square Law. This law accounts for the fact thatthe intensity of
radiation becomes weaker as it spreads otfrom the source since the same about of radiati.on becomes
D2
2
Di
1
called the Newtown Inverse Square law is applied to determine the dose rate at any other distance. Note: 1 mrem =
1000 rem.
i . .mples: (Distance from source)

7
GP1979
(1 ft away)l\2
= 0.000866 mrem, or 0.866 rem
Dose= (2 mrem/hr)*(0.0208ft)l\2
(2 ft away}l\2
= 0.0002163 mrem, or0.2163 rem
sensitive enough.
(10 ft away)l\2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.083 hrs)* (0.0208 ft)l\2
(1 ft away)l\2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-680-6244
The inforrnation contained in this e-rnail is intended only for the individual or entity to whorn it is addressed. Its contents (including
any attachrnents) are confidential and rnay contain privileged inforrnation. If you are not an intended recipient you rnust not use,
disclose, disserninate, copy or print its contents. If you receive this e-rnail in error, please notify the sender by reply e-rnail and
delete and destroy the rnessage.
GP1980

: Kalt, Brian
: Partridge, George (EEC); McKinley, Matthew W (CHS-PH)
Unfortunately, looking through the analysis results from both Reliance Laboratorie.s and the Summit Environmental
Technologies Laborato.ries I don't see where any radiochemical analysis on any of this material was performed which is
what we were really hoping to find.Something that actually put a number to the actual pCi/g f()r ~<!.-226 and Ra-22~
information on what type of survey instrument you wen~ using when you took the surveys referenced below (make,
material a.bove. background. The average reading of all samples (1 foot from the sludge) was only 0;2267 R/hr
(0.0002267 mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0.0008652 lilR/hr). As
both readings are lower than the dos.e of drinking several glasses of beer per hour (0.07 mR per beer), and
Th.an ks again for your cooperation and a~sistance in this matteL
Regards,
'275 East Main Street
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564.:.3700 ext. 4183
Fax: 502-564-1492
Payyour fees on line at https://prd.chfs.ky.gov/rad epay/
Be notified of proposed regulation ctianges https:ljsecure.kentucky.gov/Regwatch/
~, Brian [mailto:BKalt@fairmontbrine.co~-]~~------~-~~--------
To:
GP1981
Gentlemen,
1.
I
~--~--~2k W_hOJWRUfa.c_tuLej;IJJle..shiRPlng_containers]
_ _____
~~-~--~~~ ___ - ____ ------~-~--~-- ____ -'-~c.-~ -~~

_
_________
-----~~-~~-~--~-
St.ill trying to track this information down.

3.
What was the total quantity of waste shipped in the 47 shipments that were received by Blue Ridge Landfill''
4.
an insoluble sludge. This.chemical precipitation process also removes sand and some hydrocarbons. This sludge has
x-ray or CT scan.
radium with barium, FBP monitors the sludge with a handtield detector. In 2014 and early 2015, FBP's sludge had no
mR/hr). The highest reading (1 foot from the sludge) was only 0'.8652 R/hr (0.0008652 mR/hr). As published by the
dewatering boxes. After some dewatering period on-site, the boxeswere received by Advanced TENORM Services for
5.
of the landfill?
10
GP1982
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail.is intended only for the individual or entity to whpm it is addressed. Its con.tents (including
dis~lose, disseminate, copy or print its contents. If you receive this e-mail in error; please notify the sender by reply e-mail and

Cc: Kalt, Brian
:,
.bject: RE: Phone call on February 26, 2016
Curt;
George Partridge
KDWM
Hello Mr. Kalt,
KRS 211.862 Definitions for KRS 211.861 to 211.869. http://www.lrc.:ky.gov/statutes/statute.aspx?id=8501

.-:1oactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
11
GP1983
902 KAR 100:010. Definitions for 902 KAR Chapter 100. http:Uwww.lrc.state.ky.us/kar/902/100/010.htm
{301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.O.R.M., which has
A..
--~,~~=~,~--~-.~--~--~
~--~~~~~
in
(3) Naturally-occurring radioactive material (NORIVlf as definecl KRS 21l.B62(8fshall 6e'H1e exdusive
KRS 211.869 Penalties. http://ww\N.lrc.ky.gov/statutes/statute.aspx?id=8505
Central Midwest Interstate Low".Level Radioactive Waste Commission Regional Management
Facility
Regards,
Supervisor, Radioactive Materials. Section
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502~564-3700 ext. 4183
Fax: 502-564-1492
Website: http://www.chfs.ky;gov/dph/radioactive.htin
Pay your fees on line at https://prd.cbfs.ky:gov/rad epay/
Dispose
of unwanted
.
' sources http://www.crcpd.org/StateServices/SCATR.aspx
.
.
.
.
12
GP1984
_,,
~~
----------------------
-.-.-.-
-------------.
~--------.

: Kalt, Brian

Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Under KRS 211.862 and 211.863, what levels of naturally occurring radioactive material has Kentucky ~et
Kind Regards,
Brian Kalt
President
412-680-6244
The information cqntained in this e-mail is intended only for the individual or entity to whom it is addressed. Its
contents (including any atta,chments) are confidential and may contain privileged information. If you are not an
intended recipient you must not use, disclose, disseminate, copy or printits contents. If you, receive this e-mail in

To: Kalt, Brian
Hello Brad;
13
GP1985
Frame. Jason Frame informed us aboutthe waste stream from FBP.
regulates the management and disposal of radioactive materials and is responsible for ticensure.
managed the waste,andthat I am only seeking to understand what was received by Blue. Ridge Landfill
follows:
1.
2.
3.
4.
5.
A description of the containe.rs used for the shipment of the waste.

Is there analytical data on the waste available to help us understand the impact that will have
on management of the landfill?
#
without a written request from KDEP. I am also glad you contacted me today and ~e got a chance to
briefly address questions you have. We are bOth seeking to understand better what has happened and
correspondence/letters from the appropriate governing enti.ties that we are working with.
Thank you,
George
<;eor9e P. PartridfJe Jr., Pfi'J?, P.'E., Q'EP

14
GP1986
.!
flom:
To:
Sent:
Subject:
Microsoft Outlook
Delivered: RE: RE: Safety of Irvine, KY Community

Subject: RE: RE: Safety of Irvine, KY Community
GP1987
#m:
To:
Sent:
Subject:
Microsoft Outlook
Maybriar, Jon {EEC)

Maybriar. Jon (EEC) (Jon.Maybriar@ky.gov)
I,
GP1988
#m:
To:
Sent:
Subject:
Microsoft Outlook
Hatton, Tony {EEC)
Your me$sage has been delivered to the following recipients:

Hatton. Tony (EEC) (Tony.Hatton@ky.gov)
GP1989
"""
.
To:
Sent
Subject:
Maybriar, Jon (EEC)

Read: RE: RE: Safety of Irvine, KY Community
Your message
GP1990
-rom:
Subject:

Tracking:
R~ipient
Delivery'
Re<1d
Read: 3/3/2016 8:04 AM
Sent:
To:
Cc:
Danny;
I just finished reviewing all my email messages.

Please find below the correspondence between Jason, Curt and I regarding Fairmont Brine and samples.
As you read the chain of emails below Curt Pendergrass is planning a visit to Fairmont Brine to collects samples and
Jason Frame from West Virginia will be accompanying him.
I have told Curt I will be available to join and assist with any sites visits as we investigate thia wa~te received by Blue
Ridge Landfill.
.
' n k you again for all you are doing and for the helpful insights in the regulatory aspects you
me.
~ave beensha,r;i~g
with
Hope your day goes well!

George


Subject: RE: Phone Call on Febn,iary 26, 2016
No problem
Sent
via lhe Samsung Gaiaxy Note 3. an AT&T 40 LTI'l smartphone.
-------- Original message ------'-From: "Partridge, George (EEC)" <George.Partridge@ky.gov>

.
Date:03/02/2016 5:30PM (GMT-05:00)
To: "Frame, Jason R" <Jason.R.Frame@wv.gov>
l e c t : RE: Phone Call on February 26, 2016
Jason;
1
GP1991
----
-~-----
--
I appreciate all you are doing to assist our respective Cabinets that Dr. Curt Pendergrass and I serve in.
George Partridge
KOWM

-~-- .!:i:::J~artrldge,J3ll!>Lge~(EJ;~); McKi11leY1~~9tthew w (Cf-i~-Ptil; f9Wl(:!r, ~thy L {CHFS P!il~~~~-~~ - ..... --- .... --~---~~~
curt,

Office: (304)356-4303
Fax: (304) 558-0524

Sent: Wednes(jay, March 02, 201610:11 AM
To: Kalt, Brian
CC: Partridge, George (EEC); McKinley, Matthew W (CHS-PH); .Fowler, Kathy L (CHFS PH)
without first checking with them, _And I believe Mr. Jason Frame has quite a bit of experience working with yo a11d your
2
GP1992
Mailstop HS1C-A
Frankfort, KY 40621
502-564-3700 ext. 4183
. . .ax: 502-:564-1492
Pay your fees on line at https:/fprd.thfs.ky.gov/rad. epay/
Be notified of proposed regulation changes https:/fsecure.kentucky.gov/Regwatcn/
_.a-1:
~;
From~ K~lt, Brian[mailto:BKalt@fairmontbrine.cbm]
02, 2o1:6 10:00 AM .

~~~-~~ffi~~
sent: Wednesday, March
Cc: Partridge, George (EEC)i McKinley, Matthew W (CHS-PH)
Subject: RE:
Mr. Pendergrass,
'!>
~~
The sludg~does not accumulate hi either of the large ponds you see in the picture below, hut rather.in the middle of toe
picture iri what looks like a rectangle ("concrete basin"). With proper planning, we can access the sludge easily. What
.Cf
Regards,
Bri~.n Kalt
President
412-680-6244
The i~formati011 contained in this e~mail is intended only for the individual or entity to.whom it is addressed. Its content~ (incl.udtng
any attachments) are confidential and may contain privileged information .. Ifyou aren~t an Intended recipient you rriu;;t not u~~,
disclo~e, .disseminat~, copy print its contents .. lfyou receive this e-m~il in. error, please notify the sender by reply .e-mail and
delete and d~~troy the message.
or
,' ':J
- .'
From: .P~rldergrass! Curt (CHFS D~H) [mailto:Curt.Pehdergrass@ky.gov]

Sent: Wednesde1y, March 02, 20~6 Q:~8 AM
To: Kalt, Brian
SubJect: RE: Phone Call on February 26,'2016
transpired, But thanks for checking on the samples with Summit and Reliance just the same. Looking back your earlier eAs, you mentioned that the sludge was being dewatered on site in dewatering box.es. Do you have any of this sludge
ii!ferial currently on site that we can easily access to take a sample of what you are now processing that you would
GP1993
-----------------
---

4
GP1994
Mailstop HSlC-A
Frankfort, KY 40621
~I: 502-564-3700 ext. 4183
9:'a_x: 502-564-1492
Pay your fees on line at https://prd'.chfs.ky.gov/rad epay/

Dr. Pendergrass,
prior to analysis.
Kind Regards,
' a n Kalt
President
412-680-6244
disclose, disseminate, copy' or print its contents, If you receive this e-mail in error, please notify the sender by reply e-mail and

To: Kalt, Brian
Thank you sir.
rvisor, Radioactive Materials Section
ucky
..
Mailstop HSlC-A
5
GP1995
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492

Subject: RE: Phone Call on February 26, 2016.
Dr. Pendergrass,
Kind Regards,
Brian Kalt
President
412-680-6244
any attachments) are confidential and may contain privilegedinformation. If you are not an intended recipient you must not use,
To: Kalt, Bric:m

on-contact dose rate n:iading with the Fairmont Brine Processing sludge did indeed read 2 mrem/hr.
GP1996
~aterial to our office for radiochemical analysis? As I said, we would be more than happy to make the drive to OH or WV
~ pick up the samples. And as long as we have your written permission to release these samples, assuming they still
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700~ext. 4183
Fax: 502-5.64-1492
A.om: Kalt, Brian [mailto:BKalt@fairmontbrine.com]
~t: Tuesday, March 01, 2016 5:01 PM

Subject: RE: Phon.e Call on February 26, 2016
Dr. Pendergrass,
In industria.I radiography, the intensity at one distance is typically known and it is necessary to calculate the
-rdingly, we calculated our maximum dose (measured at 2 mR/hr at sludge contact) as follows:
GP1997
1000 rem.
I
I
I ~~--~Based~oo~the"highes'lrecorderlSi:mi:c~t~jlrung:~_mr:e~m/fil..@cont_act {ass,tJmed 0.25"_from source}_
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away}"2
= 0.000866 mrem, or 0.866 rem
(2 ft away}"2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
Dose= (2 mrem/hr)*(0.0208 ft)"2
(10 ft away)"2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
Source reading: 2 mrem/hr @> contact (assumed 0.25" from source)
(1 ft away)"2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
8
GP1998
412-680-6244
e information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contents (including
From: Pendergrass, Curt (CHi=S DPH) [maiito:Curt.Pendergrass@ky.gov]

To: Kalt, Brian

Unfortunately, looking thrg,ugh the analysis results from both ReUance Laboratories.and the Summit Environmental
Technologies Laboratories I don't see where any radiochemical analysis on any of this material was performed Which is
the.samples if they are avail.able.
Also, thank you for the information on the radiological surveys of this sludge material. can you give me a little more
information on '#hat type of survey instrument you were using when you took the surveys referenced below (make,
del, calibration date). If you took a background with this instrument, what did it read? You indicated you took your
dings 1 foot from the sludge. Is that 1 foot from the sludge samples before you sent them to Relie1nce and S.ummit or
In the second half of 2015, FBP's sludge had exhibited very, very low levels of naturally occurring .radioa<;tive
ma~erial above background. The average reading of all samples (1 foot from the sludge) was only 0.2267 R/hr
(0'.0002267 mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr (0,0008652mR/hr). As
published by the Nuclear Regulatory Commission (NRC) and United States Environment Protectipn Agency (EPA),
both readings are lower than the dose of drinking several glasses of beer per hour (0.07 niR per beer), and
Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
502-564-1492
- ail: curt.pendergrass@ky.gov
Pay your fees on line at https:/jprd.chfs.ky.gov/rad epay/
.1
GP1999
------
----

Dispose of unwanted sources http:llwww.crcpd.org/StateServices/SCATR.aspx
From: Kalt,Brian [mailto:BKalt@fairmontbrine.com]

Gentlemen,
1.
Each box can hold up to 25 yards. Length 20', Height 6' and Width 81 Empty Weight is 9,000 lbs.
2.

3.
After F.airr~ont B~ine. ~roces sing's. {.FBP) Sludge Disp~s.al Plan (_Please.see at. tached) w~saccep~e~ and ap~roved by Jason ,A
Frame, Chief Rad1olog1cal Health Program at the Office of Environmental Health Serv1ces/Rad1atu;m, Toxics and Indoor .,,..
Air Division, Advanced.TENORM Services picked up 865.33 tons of material.
.
4.
FBP uses sodium sulfate, a soluble compound whose predominant use is in the manufacture of powdered soaps~ to
been determined to be non..:hazardous.
x-ray or CT scan ..
FBP' s sludge has been fairly consistent since operations began in 2013. Because of the possible co-precipitation of
radium with barium, FBP monitors the sludge with a handheld detector. In 2014 and early 2015, FBP's sludge had rio
above background. The average reading of all samples (1 foot from the sludge) was orily 0.2267 R/hr (0.0002267
mR/hr). The highest reading (1 foot from the sludge) was only 0.8652 R/hr {0.0008652 mR/hr). As published ,by the
Nuclear Regulatory.co.mrnission {NRC) and United States Environment Protection Ag~nty {EPA), both readings.are low~.
than the dose of drmkmg several glasses of beer per hour (0.07 mR per beer), and slightly lower than consuming one ~
.
.
10
GP2000
dewatering boxes. After some dewatering period on-site, the boxes were received by Advanced TENORM services for
watering and so. lidificat.ion, as appropriate to pass paint filter test, and the.n. landfilled.. Based on. FBP' s understanqing
the dewatering process and solidification process, the extremely low levels of naturally occurring radioactive
materials were to be el.iminated.
5.
of the landfill?
'
Please see the attached Non-Hazardous Waste Approval Notification Form fromthe West Virginia.Departmenfof
Environmental Protection's
Director, Scott Mandirola. Please see the attached analysis that was conducted on
(WVDE'P)
Kind Regards,
Brian Kalt
President
412-680-6244
any attachments) a.re confidential and may contain privileged information. If you are not an intended recipient you rnust not use,
-..~lose,d is.se.m.. i.nate, copy or p. rintits contents. If you receive this. e-mail in error, please notify the sender by r~ply e-mail a.nd
~ete and destr:oy th~ message:
. ,

Sent: Monday, February 29, 2016 '10io7AM
To: Pendergrass, Curt (CHFS OPH)
Cc:. Kalt, Brian
.. Subject: RE: Phone Call on February26, 2016

Curt;
George Partridge
KDWM

Mr. Kalt,
11
GP2001
KRS 211.862 Definitions for KRS 211.861 to 211.869. http:ljwww.lrc.ky.gov/statutes/statute.aspx?id=8501

(8) ".Naturally:..o~curring radioactive. ma.terial" (NORM.) mea. ns ~atu. ra.lly oc.curring. ~aterials not reg~. lated . .
'
or as a result of human practices. Naturally occurring radioactive material does hot include the natural
technologitally enhanced by controllable practices (or by past human practices);
(10) "Region" means.the ~e.og~~~hical_a_r~ao_~the state of Illinois andthe Commonwealth of Kentucky;
902 KAR 100:010. Definitions for 902 KAR Chapter 100. http:ljwww.lrc.state.ky.us/kar/902/100/010.htm
{301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.0.R.M., which has
KRS 211.863 Control of commerce of lc;w;.level radioactive waste in and out of Kentucky
KRS 211.8~~ Penaltie~. http://www.lrc.ky.gov/statutes/statute.aspx?id=8505
(1) Any person ~ho fails to comply with any provision of KRS 211.859 or 211.8G3, .or with any administrative
regulations promulgated.pursuant to KRS 211.859 or 211.865, or fails to comply with any orderofthe cabinet
thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). Each day ofthe violation
.A
W"
Central Midwest interstate Low-Level Radioactive Waste Commission RegiOnal IV!ariagement
Plctn, Adopted May 1999 (http://www.cmcompact.org/publications/Regional Mgmt Plan.pdf)

__Disposal of TE NORM Waste at Facilities in the Region other than the Regioriai LLRW Disposal
Facility
-.-The public health and safetY hazard presented by TEN ORM waste is a function of the
radionuclides, concentrations and waste form. At a concentration of 5 pCi/g, regulatory agencieswill
require an analysis of the public health and safety concerns for any proposed waste mai:iagement
activities whether it be disposal in place, disposal in a.sanitary landfill, disposal in a licerisedTENORM
Regards,
Kentucky Radiation Health !Jranch
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564~3700 ext. 4183
Fax: 502-564-1492
..
12
GP2002
.
. . .y your fees on line at https://prd.chfs.ky.gov/rad epay/
~notified of proposed regulation changes https:/fsecure.kentucky.gov/Regwatch/
"O:',
From: Andt;!rson, Danny J (EEC)
Sent: Safoi~ay, February 27, 2016 1:14 PM

To: Kalt, Brian
Mr Kalt:
Thanks,
Danny Anderson
On Feb 27, 2016, at 12:59 PM, Kalt, Brian <BKalt@fairmontbrine.com> wrote:'
Dr. Partridge,
UndElr KRS 211.:862.and 211.863, what levels of naturally occurring radioactive material has Kentucky set
Kind Regards,
Brian Kalt
President
412-680-6244
'
'
contents (including any attachments) are confidential and may contain privileged information. If you are _not an
intended reCipient you must not use, disclose, disseminate, copy or print its contents. If you receive this e-mail in
error, please notify the sender by reply e-mail and delete and destroy the. message.
From: Partridge, George (EEC) [mailto:George.Partridge@ky:Qov]

To: Kalt, Brian
13
GP2003
Hello Brad;
'

The questions you asked addressed the following items or issues (rny response is in blue):
---
'
-~
Or understanding was the waste was sent directly to the landfill.
issues permits for contained landfills and they are not to accept any unpermitted waste; The DPH
.regulates the management and disposal of radioactive materials and is responsible for licens'1re.
I concludeq our conversation by affirming that I arn not aware of any concerns regarding hqw FBI'
managed the waste.1 and that I am only seeking to understand what was received by Blue Ridge Landfill
since their manage~ent has not made a complete disclosure of the wastes they have received. .
We woilld appreciate the assistance of your company in helping us obtain the following informatjqn, so
follows:
1.
2.
3.
4.
5.

.
Was all the wast~ similar in nature?
Is there analytical data on the waste available to help us understand the impact that w.ill have
to address the questions we are receiving regarding the waste and how .it was managed.
14
GP2004
Thank you,
George
<jeorge P. Partritfee Jr., PfiV, P.'E., Q:EP

O~R~Itment
for Environmental Protection

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image001.gif>
,,
15
GP2005
.-Am
~
Sent:
Subject:
Microsoft Outlook
Delivered: FW: Phone Call on February 26, 2016
Your messEtge has been (lelivered to the following recipients:

Anderson. Danny J (EEC) (Danny.Anderson@ky.gov)
GP2006
------
-------
----~
-----------
~m-
Sent:
Subject:
Microsoft Outlook
Delivered: FW: Phone Call on February 26, 2016
Your mes~~ge l'las b~en delivered to the f()llowing recipients:

GP2007
flam:
To:
Sent:'
Subject:
Hatton, Tony (EEC)

Read: RE: RE: Safety of Irvine, KY Community
Yot.Jr message
1'
GP2008
-m
Sent:
To:
Subject:
Thursday, March 03, 2016 7:54 AM
RE: Swipe ssamples
Will do. I believe they have the analysis done.

Regards
AJ

AJ
I
I want the results from the school as well. Ideally, I would like to see us merge the our reports and conclusions since
this was a join effort .
ankyou,
George
------:---------------~------,---------

Good morning George:
Best Regards
AJ
275 East Main Street, HSlC~A
~kfort, KY 40601
....,.. 502-564-3700 x4171
FAX: 502-564-1492
https:Uprd.chfs.ky.gov/Rad ePay/
1
GP2009
the reader ofthis message is not the intended recipient, you are notified that any review, use, disclosure, distribution o r '
copying of this communication is strictly prohibited. ff you have received this communication in error, please contact
GP2010
"-=
Sent:
To:
Subjed:
Weems, George (EEC)

RE: manifests
Put everything you have scanned under that link I gave you and I'll see what I haven't got.
--------------------

Subject: RE: manifests

George;
I have been so overwhelmed by emails, phone calls, and all our activities on TENORM. I am just getting caught up on my
backlog of emails.
Tharik you!
'orge

Subject: manifests
Let's do those manifests we have; 1;11 put them in a spreadsheet. Do we have anything new from those we were
emailed?
..
1
GP2011
'5::=
To:
Subject:
Weems, George (EEC)

RE: manifests
Put everything you have scanned under that link I gave you and I'll see what I haven't got.


George;
I have been so overwhelmed by emails, phone calls, and all our activities on TENORM. I am just getting caught up on my
backlog of emails.
Thank you!
-orge
----------~-----

Subject: manifests
Let's do those manifests we have; I'll put them in a spreadsheet. Do we have anything new from those we were
. emailed?
GP2012

..Aom:
~:.
Sent:
Subject:

Read: Phone Call on February 26, 2016
Your message
Sent: Wednesday, March 02, 2016 6:33:37 PM (UTC-05:00) Eastern Time
(~S
& Canada)
was read on Thursday, March 03, 2016 8:03:35 AM (UTC-05:00) Eastern Time (US & Canada) .
..
1
GP2013
--:
To:
Sent:
Subject:

Your message
was read on Thursday, March 03, 2016 8:05:01 AM (UTC-05:00) Eastern Time (US & Canada) .
..
1
GP2014
,-m:
Sent:
To:
Cc:
Subject:

Maybriar, Jon (EEC)
Hatton, Tony (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC)
Trackiflg:
Recipient
.Delivery
Maybriar, Jon (EEC)
Delivered: 3/3/2016 8:11 AM
Hatton, Tony (EEC)
Delivered: 3/3/2016 8:11AM
Read: 3/3/2016 8:12 AM
Read: 3/3/2016 8:14 AM
Read
Jon;
Nothing has changed since my text.
Please read it carefullyl
School building ok (safe for students to go to school)

' . . From entrance to school building to main road entrance
counts go up (indicated particulate deposition on school
grounds in front of school)
I feel we are seeing ~ontamination from trucks and traffic to
and>frorn landfill. (Landfill entrance across frorn
schoot Traffic to and from landfill has potential.I\'
contaminated the area around
the entrance to the landfill
"'
shared by the school.')
I do not see any concerns or risks to the public due to
present activities. (AU t\4atf McKinley focused on was the
school building so families would feel safe for their children
to return to school. I feel school activities are presently
safe).
-
99
GP2015
The risk concern and exposures to worry about occurred this

past year. (The high exposure levels from airborne
particulates from last year posed a risk to not only the

operators at the landfill, but to the people that visited the
landfill to dispose of waste, as well as the people in the
~~~~-~--.Cc. victntty-of~t11l:~ntrance
tCJ tlTe-sch~ool.-
L~- -
Will call you late afternoon or early evening and discuss

with you. {There were additional details _that needed to be
shared based on our observations.)
Things that needed to be Discussed:
./Deposition profile from front of school building on grounds
leading .t() entrance and continuing across street \JP to gate
of hmdfUL This indicates there was a potential inhalation
hazard. When grass cutting season starts. (not presenfly),
there could be potential resuspension of deposited
particulates.
<I" If airborne particulates were pre~ent last year, t~en there is
the potential that particulate rcidionuclide m~terialsjs .
. present i~_the HVAC ductwork and maintenance individuals
at the school need to take precautions.
I see no cqncerns regarding regularly attendance or activities at

the present moment forthe school. -f
.
The analytical results from soil wipe samples that I took near the
entrance of the school leading up to the gate of the landfill
where deposition of radionuclides were being check has not

2
GP2016
-------~-
been provided to me as of today, March 3rd.
I was told they
. ,ould try to have someone run the samples Sunday ~r have the
results no later than Monday and they would be provided to

us. I have not received them.
If radionuclides show up in the ductwork of the HVAC system

then that confirms that the maintenance workers at the school
are at risk and also that the individuals in the school building
have previously been exposed to airborne particulates.
I did notice the news from the public hearing and I understood it
was stated "There are no immediate health concerns."
I hope the public realizes that the latency period between
lal><posure and health concerns (increased incidence of cancer) is
~ 40 years.
_,,o
This situation is very serious and we need to both calm the

present fears of the community from present exposures which I
support, but we also need to be collecting data that wouJd
assess if the community is going to be experiencing health
concerns 10+ years from now from what took place last
year. We also need to remember that not only Fairmont Brine
waste was disposed of at this landfill, but TENORM waste in
general was received from other companies .
. _J.Mvanted to convey my concerns to you before the public
'~eeting on Tuesday, so that you and the others could place the
present situation in proper perspective.
3
GP2017
----------
Thank you,
George
c
,,,+,,,..;d"ri
.r,
mC.tTl m
rr::!
(YJ:'m
~--~~ 9 etrrt:Je~':r.-:r6l..'rr-'c~Wlfle-;:,'Y-.,~Fvol.7)~.ri-F.ti;)~...,..%~~--~~~-~.. ~~.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
SE!nt: Wednesday, Marc:h 02, 2016 11:30 AM

Cc: Anderson, Danny J (EEC); Hatton, Tony (EEC)
Subject: RE: RE:. Safety... of Irvine, KY Community
.
.
George,
Finished. Appears school buil~iQg is ok. Will get wipe results Monday. As you go from entrance of school building to
main road entrance counts go up. Also numbers higher as you scan terrain going up toward gate of landfill. Personally
I feel we are seeing tcintamination from trucks and traffic to .and from landfill. I do not see any concerns or risks to
the public due to present activities They should go about their normal activities. The risk concern and. exposures to
worry about6ccurred this past year. Will call you latE! afternoon or early evening and discuss with you.".
Please work with. Danny to schedule a time to meet with me to better understand your
Thank you,
Jon
~.

4
GP2018
-----------------------

fll!...ject:
RE: Safety of Irvine, KY c.ommunity
Tony;
Jon Maybriar requested for me to be present at. the sampling and site survey that was conducted at the Irvine County
evening so t.hat when they meet with county officials Monday and Tuesday, they could make recommendations 011,st~ps
to take to' protect thei,r safety anci well-being until we know more (such as reconstructive exposure assessment, etc.)
a.
I am going to list my observations and recommendations below and also attached a copy of an email message I sent
~school entrance. Both the school and the school grounds, particularly around the entrance and front of the.
the school building and started his instruction to the group by stating '~We are not here to look for particulates."
Matt McKinley instructed Chris Keffer and A. J. Bhattacharya not to take the "back packs" (which were the most
school Where the grass was, not getting surveyed for deposited particulates.
. . I.also rnentiori~,d to Matt McKinley thatthe schools needed to turn off the HVAC systems, remove the"existing
filters and take wipe samples in the ductwork on the upstrearn side of ~he filter to chetk for particulate matter
in
! The maintenanceworkers atthe school each time theyworkon, service, or replace the.filters to the HVAC
! Deposited particulate matter from the landfill and vehicular traffic coming and going from the landfill,
and all individuals that may be present in the vicinity when those activities are conducted.
My rnessage by text on the phone to Danny Anderson, sent to him at 1:58 PM on Saturday, February 27th stated the
following:
concerns or risks to the public due to present activities They should go about their normal activities. The risk
concern and exposures to worry about occurred this past year. Will call you late afternoon _or early evening and
- u s s with you."
.
In my text messages I used the word "public" in my message and with the words "present activities." I still needed to
discuss the safety and well-being of the maintenance workers at the school who change the filters potentially being
exposed to particulates containing radionuclides. I am also concerned in the future when it Is time to cut the grass
5
GP2019
.thE! school near the entrance.
4'
to Blue Ridge. I appreciate all the Danny is doing and realize he has been extremely busy. I am grateful for the time he
has been available to spend with rne. I also realize Jon is extremely busy as well.
~~~~,fr:om~this,waste~disposaLat,.Blue~Ridge~~theJa1ency_p.e.do1l~etween.eJCPQsUre and the. increase .incidence of canc~r
and other serious health effects is 10-40 years depending oil exposure scenario and age at time of exposure;
.
-.
I am also concerned about the operators and workers ilt the landfill and how close they are working to
previously deposited waste. Are they maintaining a buffer diStance to minimize exposure? Is the landfill
resuming their normal activities before they assess the extent of contamination? Are they continuing to let
the public drive up to the area of the working face and discharge waste materials they are dropping
off? Has the equipment at th.e landfill that was. used for waste disp~I been decontaminated as a
precaution?......
I want to condude With the following comments:
./ I appreciate being an employee in the Division of Waste Management, it represents my life's work.
and vocation
./ I could not ask for a more talented group of coworkers
./ I appreCiate the leadership of our Division and the time that Tony, Jon, and Danny has devoted to
listening to my c9nc:erns and observations.
I,
fee. '. ov.erw.helmed and. t.er.ri. bly worri.e.d about. t.he lives being affect.ed and it. h.e.lps. m.e. to. ta.. lk
...:. -.I 11.e.el . lik..e
have been going at this ctlone as an employee for several years now and what. I have feared would happen
was processed. TEN ORM rather than the TEN ORM that is produced at the 0 8t Gdrilling/tracking sites.
"' Thanks again to everyone in the DWM for all you are doing. I wish you all the best as your work on this
and the PulJlic Meeting tonight.
George

Jon;
It is important that we review and d.iscuss those activities prior to the meeting so the public will be presented an
accur~te representation of the activities conducted and wl)at we can conclude at this point.
GP2020
film:
Microsoft Outlook
Maybriar, Jon (EEC)
To:
Sent:
Subject:
Your message has been.delivered to the following recipients:

Maybriar, Jon (EEC) (Jon.Maybria~ky.gov)
Subject:
RE~
Safety of Irvine, KY Community
..
I1
GP2021
-om:
To:
Sent:
Subject:
Microsoft Outlook
Hatton, Tony (EEC)
Your message has been delivered to the following recipient$:

Hatton, Tony (EEC) CTony.Hatton@ky.gov)
GP2022
-om: . .
Pe1rtridge, George (EEC)
To:
Sent:
Subject:
Microsoft Outlook
Thursday, March 03, 2016 B:il AM
Your mt:tssage has been delivered to the following recipients:

..
GP2023
'-m: . .
To:
Sent:
Subject:
Your mess1:1ge hi:!S
b~en
Microsoft Outlook
del.ivered to the following recipients:
..
GP2024
--om:
To:
Sent:
Subject:
Hatton, Tony (EEC)

Your message
To:Hatton,Tony(EEC)
Sent: Thursday, March 03, 2016 8:11 :OO AM (UTC-05:00) Eastern Time (US & Canada)
was read on Thursday, March 03, 2016 8:11 :50 AM (UTC-05:00) Eastern Time (US & Canada) .
..
GP2025
-m:
Sent:
To:
Cc:
Subject:
Attachments:
Hatton, Tony (EEC)

. Maybriar, Jon (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC)
Re: Safety of Irvine, KY Community
imageOOl.gif
Have we brought these issues up to CHFS?

Sent from my iPad
On Mar 3, 2016, at 8:11 AM, Partridge, George (EEC) <George;Partridge@ky.gov> wrote:
Jon;
carefully!
Please read it
School btJilding ok (safe for students t:o go to

school)
From entrance to school building to main road
entrance counts go up (indicated particulate.
deposition on school grounds in front of school)
I feel we are seeing contamination 'fr'om trucks and
traffic to and from landfill. (Landfill entrance across
from school. Traffic to and from landfill has
potentially contaminated the area around the
entrance to the landfill shared by the school.)
. I do not see any concerns or risks to the public due
to present activities. (All Matt McKinley focused on
was the school building so families would feel safe
GP2026
~~~-~~
for their children to return to school. I feel school

activities are presently safe).
The risk concern and exposures to worry about
occurred this past y,ear. {The high exposure levels
from airborne particulates from last year posed a
rtsk-t<nrot~only-th-e-operators-&H"'1-e-litr1dfill, hut-t-e .
..
the people that visited the landfill to dispose of

waste; as well as the people in the vicinity of the
entrance to the school.
Will call you late afternoon or early evening and
discuss with you. (There were additional details
that needed to be shared based on our
observations.)
Things that needed tQ. be Discussed:

"' Depqsition profile from front of school building on
grounds leadi,ngto entrance and continuingacross
street up: to gate of landfill. This indicates there
was~ potenti~I inhalation hazard. Wh~n grass
c~tting see1son starts (not pres~ntly), there could be
potential res~spension of "'eposited particulates.
"' If airborn~ p~rticulates were present last year, then
there is the potential that particulate radionuclide
materials is present in the HVAC dL1ctwork and
maintenance individuals at the school need to take
precautions.
GP2027
I see no concerns regarding regularly attendance or

activities at the present moment for the school.
The analytical results from soil wipe samples that I took
near the entrance of the school leading up to the gate
of the landfill where deposition of radionuclides were
being check has not been provided to me as of today,
March 3rd. I was told they would try to have someone
run the samples Sunday or have the results no later
than Monday and they would be provided to us. I have
not received them.
If radionuclides show up in the ductwork of the HVAC
system then that confirms that the maintenance
workers at the school are at risk and also that the
individuals in the school building have previously been
exposed to airborne particulates.
I did notice the news from the public hearing and I
understood it was stated "There are no immediate
health concerns."
I hope the public realizes that the latency period

between exposure and health concerns (increased
incidence of cancer) is 10 - 40 years.
This situation is very serious and we need to both calm
the present fears of the community from present
exposures which I support, but we also need to be
3
GP2028
collecting data that would assess if the community is

going to be experiencing health concerns 10+ years
from now from what took place last year. We also need
to remember that not only Fairmont Brine waste was
disposed of at this landfill, but TENORM waste in
=~~-~~generalwas receivectfrom other cornpanie"s~
..,.,..,._~~~~ .
"'~~~--~--
I wanted to convey my concerns to you before the

public meeting on Tuesday, so that you and the others
could place the present situation in proper perspective.
Thank you,
George
'
<george P. PartridfJe Jr., .'J'fi'JJ, P.'E.,. Q.'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
To: Partridge, George (El:C)

_
George,
4
GP2029
It appears that something has changed since your text on Saturday which
stated: "Just Finished. Appears school building is ok. Wiil get wipe results Monday. As you go
from entrance of school building to main road entrance counts go up. Also numbers higher as you
scan terrail) going up toward gate of landfill. Person~lly I feel we are seeing c<mtamination from
trucks and traffic to ancl .from landfill. I do not see any concerns or risks to the public due to present
activities TheY should go about their normal agivities. The risk concern and exposures to worry
about osc:urrecl this past year. Will c;:ill you la~e a~ernoon or early evening and discuss with VO!J.".
Ple~se
work with ~[lanny to schedulEj a time to meet with me to better,

understand your ol:>seniations and c1oncerns.
Thank you,
Jon
From: Partridge,. George (EEC)

Sent: Juesday,Mar<:h 01, 201.66:15 PM
. . .
.
.
.,
Cc: Maybriar, Jon (EEC);~Anderson, Danny J (EEC); Briggs, Undsey (EEC); Hendricks, Todd (EEC) .
Subject: RE: Safety of Irvine1 KY Community
Tony;
Jon Mayb'riar requested for me to be present at the sarnpling and site survey that was conducte'CJ at the
lrvineCounty High School and Middle School9rti Saturday, February 27, 2016. I was hoping to have an
internal meeting to discuss my observations whh both Danny Anderson and Jon IVlaybriar on Monday Or
at least prior to the public meeting this evening so that when they meet with county officials Monday
and Tuesday, they could make recommendations on steps to tak~ to protect their safety and well-being
until we know more (such as a recoristructive exposure assessment, etc.) which will be weeks to months
in the future.
I arn going to list my observations an'CJ recommendations below and also attached. a copy.of an ernail
message I sent requesting a meeting.
We met at approximately s:20 AM at the McDonalds off of Exit 90 in Richmond to discuss the
plans for. the site visit and to arrive in Irvine as group. In the meeting I stressed that the .
exposure to the school and surrounding area would include airborne particulate matter since
the entrance to the landfill is directly across from the school entrance. Both the scfiqol and the
school grounds, parti1:;ularly around the1entrance and in front of the school would experience
.
.
.
particulate depositi6Q.
. ;. . . n
W.hen we arrived at the schooi shortly a1fter 9 AM, Matt McKintey gathered the group in front of
the entrance to the schooi builc:ling and ~tarted his instruction to the group by stating "We are
not here to look for particulates." (That was the primary exposure C>f concern!).
Matt McKinley instruded Chris Keffer amd A. J. Bhattacharya not to ta.ke the "ba.ck packs"
(which were the most sensitive detection equipment that was brought by DPH) across the street
which resulted in the grounds of the school where the grass was, not getting surveyed for
deposited particulates.
.
.
I also mentioned to Matt McKinley that the schools needed to turn off the HVAC systems,
remove the existing filters and take wipe samples in the ductwork on the upstream side of the
GP2030
filter to check for particulate matter containing radionclides. This was not done to my
knowledge.
. I feel the following risk scenarios are still present to the school and community:
! The maintenance workers at the school each time they work on, service, or replace the filters
to the HVAC systems for the school, which for one school occurs on a monthly basis.
! Deposited particulate matter from the landfill and vehicular traffic coming and going from the
landfill, previously deposited on the school grounds; becoming re-suspended this spring when
. ~-- ---~-~the,gca5-S,,.OJl.:tbe,.sm'"oJgro11ncls is cut.]lle cutthigJ?ftl!~_grass andrelat~-~ land~cape_ac~i\li!Y ____ ---~-~~will expose both the workers, students, and all individuals that may be present in the vicinity
when those activities are conducted.
My message by text on the phone to Danny Anderson, sent to him at 1:58 PM on Saturday, February
27th stated the following:
"Just Finished. Appears school building is Qk. Will get wipe results Monday. As you go from entrance
of school building to main road entrance counts go up. Also numbers higher as you scan terrain going
up toward gate of landfill. Personally I feel we are seeing contamination from trucks and traffic to and
from landfill. I do not see any concerns or risks to the public due to present activities They should go
about their normal activities. The risk concern and exposures to worry about occurred this past
year. Will call you late afternoon or early evening and discuss with you."
In my text messages I used the word "public" in my message and with the words "present
activities." I still needed to discuss the safety and well-being of the maintenance workers at the
school wbo change the filters potentially being e)(posed to particule1tes cQntaining radionclides. I am
also concerned in the future when it is time to cut the grass about the resuspension of previous
particulate deposition that occurred and has contaminated the grounds in front of the school near the
entrance.
I called Danny thatevening. I did not receive a return call. I sent an email messag_e on Monday
morning. Danny and I have talked but it has either been walking down th~ hall or in his office when he
was busy with other matters pertaining to Blue Ridge. I appreciate all the Danny is doing and realize he
has been extremely busy. Jam grateful for the time he has been available to spend with me. I also
realize Jon is extremely busy as well.
I am also extremely worried that individuals wm die a premature death or have serious health
problems in the future from this waste disposal at Blue Ridge. The latency period between exposure
and the increase incidence of cancer and other serious health effects is 1040 years depending on
exposure s~enario and age at time of exposure.
I am also concerned about the operators and worker$ at the landfill and how close they are
working to . previo11sly depq_sited waste. Are they maintaining a buffer.distance to minimize
expos11re? Is the landfill resuming their normal activities before they assess the extent of
contamination? Are they continuing to let the public drive up to the area of the working face
and discharge waste materials they are dropping off? Has the equipment at the landfill that
was used for waste disposal been decontaminated as a precaution?
./ I appreciate bein9 an employee in the Di~ision of Waste Management, it represents
my life's work and vocation
./ I could not
for a more talented group of coworkers.
ask
GP2031
./ I appreciate the leadership of our Division and the time that Tony, Jon, and Danny
has devoted to listening to my concerns and observations.
I feel overwhelmed and terribly worried about the lives being affected and it helps me to
talk. I feel like I have been going at this alone as an employee for several years now and
what I have feared would happen and has happened in other states has now occurred in
Kentucky and to a more severe degree since this was processed TENORM rather than the
TENORM that is produced at the O & G drilling/tracking sites.
I also felt this was the last chance to get a message to you since management reads their
emails when they are away from the office!
Thanks again to everyone in the DWM for all you are doing. I wish you all the best as your
work on this and the Public Meeting tonight.
George
Cc: Anderson, Danny J (EEC); Weems, George (EEC); Hatton, Tony (EEC); Hendricks, Todd (EEC);
Jon;
With the public meeting scheduled for Tuesday evening in Irvine, KY, the public will want to know the
results of the survey and sampling events that were conducted by the CFHS-DPH in Irvine, Kentucky.
'

It is importa,nt that we review and discuss those activities prior to the meeting so the public will be
presented an accurate representation of the activities conducted and what we can conclude at this
point.
Please schedule a meeting where we can all meet and discuss this prior to the public meeting on
Tuesday.
'
Thank you,
George
GP2032

GP2033
..Am
~
Sent:
Subject:

Read: Safety of Irvine, KY Community
Your message
Sent: Thursday, March 03, 2016 8:11:00 AM (UTC-05:00) Eastern Time (US & Canada)
was read on Thursday, March 03, 2016 8:14:13 AM (UTC-05:00) Eastern Time (US & Canada).
GP2034
~-
Weems, George (EEC)

To:
Subject:
AJ was the one I needed for CHFS. Still need the other two BERT members~ Next time we get together for something
like this we need to just get everyone to sign an attendance list.

Subject: RE: Attendees: Site Survey and Sampling - Irvine,KY - Saturday, Februray 27th
George;
I a?ked Matt at the meeting the names of others there and he could not remember their names. Said it would be in
there reports; Hopefully I will get a copy we can combine with our notes.
The names I have are to the best of my recol.lection:

' ) Anjan Bhattacharya (CFHS)
.
Curt. Pendergrass (CHFS)
Lt. Matt Blose Qf Winchester Fire Department

Members ofthe Area 13 Bluegrass Emergency Response Team
Estill County Judge-Executive Wallace Taylor
Jeff Saylor-- Estill County School District Superintendent

Got it. Make a copy of the participant list from Saturday for me to put in TEMPO, S'il vous plait! Have you.heard

,...._
~rtridge, George(EEC)
___________ ___

1
GP2035
George;
George

~~-----'TO:-Rai:t.r:idge-,-Geoi:ge-(EEC)~------ -- --~----~~ --- : -----~-~-~-~-~---~--~- ~--~- ----~----~---~-~""~~~--~-~-~- . -C-C~~--~=-~--~--
Subject: RE: RE: Site Survey and Sampling - Irvine,KY - Saturday, Februray27th

Jon;
Thank you,
George
~eor9eP.PartrUfneJ~
Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP2036
-m:
Sent:
To:
Subject:

Hatton, Tony (EEC)
Tracking:
Recipient
Delivery
Hatton, Tony (EEC)
Tony:
Not yet. I wanted to meet first with Danny Anderson and Jon Maybriar and let them proceed as appropriate. I know I
have been very passionate and emotional at times as I sought to understand this waste disposal situation at Blue Ridge
Landfill. ltismy desire tq share what I know with my immediate management and let them proceed as they feel
appropriate since they represent us.
.
'
It means so much to me to be part of this Division. It represents my vocation and life's work. I appreciate all that
everyone is doing to investigate this situation. r realize that everyone is extremely busy and doing t.he best they can
under the circumstances. I do not question that everyone wants to do the right thing and has the best interest of the
community at heart.
.
Thank you so much for all you are doing. I hope you are feeling better.
titltu::~~~k you so much for t~,king to from you very busy schedule t~ allow me update ~ou o~ my understanding of the
Thank you for having me as an employee in your Division and the opportunity to serve under you leadership. I truly feel
blessed.
Sincerely,
George
------~---------~---'--~
--------------
From: Hatton, Tony (EEC)

Sent: Thursday, March 03, 2016 8:13 AM
Cc: Maybriar, Jon (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC)
Subject: Re: Safety of Irvine, KY Community
Have we broughtthese issues up to CHFS?

Sent from my iPad
On Mar 3, 2016, at 8:11 AM, Partridge, George (EEC} <George.Partridge@ky.gov> wrote:
Jon;
1
GP2037

carefully!
Please read it
School building ok (safe for students to go to

school)
~--~~.--~~-~--From en1rancetoschool bu11ding-to mainroa?r-~~-~--~--~~----~-
entrance counts go up (indicated particulate

deposition on school grounds in front of school)
I feel we are seeing contamination from trucks and
traffic to and from landfill. (Landfill entrance across
from school. Traffic to and from landfill has
potentially contaminated the area around the
entrance to the landfill shared by the school.)
I do not see any concerns or risks to the public due
to present activities, (AH Matt McKinley focused on
was the school building so families would feel safe
for their children to return to school. I feel school
activities are presently safe).
The risk concern and exposures to worry about
occurred this past year. {The high exposure levels
from airborne particulates from last year posed a
risk to not only the operators at the landfill, but to
the people that visited the landfill to dispose of
waste, as well as the people in the vicinity of the
entrance to the school.
Will call you late \afternoQn or early evening and
discuss with YOIJ. (There were additional details
that needed to be shared based on our
observations.)
2
GP2038
..
Things that needed to be Discussed:

./ Deposition profile from front of school building on
grounds leading to entrance and continuing across
street up to gate of landfill. This indicates there
was a potential inhalation hazard. When grass
cutting season starts (not presently), there could be
potential resuspension of deposited particulates .
./ If airborne particulates were present last year, then
there Js the potential that particulate radionuclide
materials is present in the HVAC ductwork and
maintenance individuals at the school need to take
precautions.
I see no concerns regarding regularly attendance or
activities at the present moment for the school.
The'.;analytical results from soil wipe samples that ,I took
near the entrance of the school leading up to the gate
of the landfill where deposition of radionuclides were
being check has not been provided to me as of today, .
March 3rd. I was told they would try to have someone
run the samples Sunday or have the results l'lo later
than Monday and they would be provided to us. I have
not received them.
If radionuclides show up in the ductwork of the HVAC
system then that confirms that the maintenance
3
GP2039
---------------
workers at the school are at risk and also that the

individuals in the school building have previously been
exposed to airborne particulates.
I did notice the news from the public hearing and I

~~------ ~-- -crneletstooC11t-~wasstated--''Therear1rn-o--imm~ed1crt~---~--------~---------------
hea Ith concerns."
I hope the public realizes that the latency period

between exposure and health concerns (increased
incidence of cancer) is 10 - 40 years.
This situation is very serious and we need to both calm
the present fears of the community from present
exposures which I support, but we also need to be
collecting data that would assess if the community is
going to be experiencing health concerns 10+ years
from now from what took place last year. We also need
to remember that not only Fairmont Brine waste was
dispos~d
ofat this landfill, but TENORM waste in
general was received from other companies.
I wanted to convey my concerns to you before the public meeting on Tuesday, so that you and the others
could place the present situation in -proper perspective.
Thank you,
George
4
GP2040
<jeor9e P. Partrlifne Jr., Pfi'D, P.'E., Q'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651

._

Subject: RE: RE: Safety of Irvine,. KY Community
George,
It appears that something has changed since your text on Saturday which
.
stated: "Just Finished. Appears school building is ok. Will get wipe results Monday. As you go
'
'
from entrance of school building to main road entrance cbunts go up. Also numbers higher as you
scan terrain going up toward gate of landfill. Personally I feel we arE! seeing contamination from
trucks and traffic to and from landfill. I do not see any concerns or risks to the public due to present
aitivities They should go about ttteir normal activities. The risk concern and exposures to worry
about occurred this past year. Will call you late afternoon or early evening and discuss with you.".
Please work with.Dannyto schedule a time to meet with me to better

understand your observations and concerns.
Thank you,
Jon

Sent: Tuesday, March 01, 2016 6: 15 PM

Tony;
5
GP2041
Jon Maybriar requested for me to be present at the sampling and site survey that was conducted at the
Irvine County High School and Middle School on Saturday, February 27, 2016. I was hoping to have an
internal meeting to discuss my observations with both Danny Anderson and Jon Maybriar on Monday or
at least prior to the public meeting this evening so that when they meet with county officials Monday
and Tuesday, they could make recommendations on steps to take to protect their safety and well-being
until we know more (such as a reconstructive exposure assessment, etc.) which will be weeks to months
in the future.
I am going to list my observations and recommendations below and also attached a copy of an email
~~~~-~~--me-ssage-l~sent-r:equesting-a-mee-ting.--~.~~~~~.-~----~~--~~.-~~---~~-~-.~~~-~~~.... ~~---~---~
We met at approximately 8:20 AM at the McDonalds off of Exit 90 in Richmond to discuss the
plans for the site visit and to arrive in Irvine as a group. In the meeting I stressed that the
exposure to the school and surrounding area would include airborne particulate matter since
the entrance to the landfill is directly across from the school entrance. Both the school and the
school grounds, particularly around the entrance and in front of the school would experience
particulate deposition.
When we arrived at the school shortly after 9 AM, Matt McKinley gathered the group in front of
the entrance to the school building and started his instruction to the group by stating "We are
not here to look for particulates." (That was the primary exposure of concern!).
Matt McKinley instructed Chris Keffer and A. J. Bhattacharya not to take the "back packs"
(which were the most sensitive detection equipment that was brought by DPH) across the street
which .resulted in the grounds of the school where the grass was, not getting surveyed for
deposited particulates.
I also mentioned to Matt McKinley that the schools needed to turn off the HVAC systems,
remove the existing filters and take wipe samples in the ductwork on the upstream side of the
filter to check for particulate matter containing radionuclides. This was not done tp my
knowledge.
! The maintenance workers at tl)e school each time they work on, service, or replace the filters
to the HVAC systems forthe school, whic.h for one school occurs <>n a monthly basis.
! Deposited particulate matter from the landfill and vehicular traffic coming and going from the
landfill, previously deposited on the school grounds; bec()ming re-suspended this spring when
the grass on the school grounds is cut. The cutting of the grass and related landscape activity
will expose both the workers, students, and all individu~ls that may be present in the vicinity
when those activities are conducted.
My message by text on the phone to Danny Anderson, sent to him at 1:58 PM on Saturday, February
27th stated the following:
"Just Finished. Appears school building is ok. Will get wipe results Monday. As you go from entrance
of school building to main road entrance counts go up. Also numbers higher as you scan terrain going
up toward gate of landfill. Personally I feel we are seeing contamination from trucks and traffic to and
from landfill. I do not see any concerns or risks to the public due to present activities . They should go
about their normal activities. The risk concern and exposures to worry about occurred this past
year. Will call you late afternoon or early evening and discuss with you."
In my te><t messages I used the word "public" in my message and with the words "present
activities." I still needed to discuss the safety and well-being of the maintenance workers at the
school who change the filters potentially being exposed to particulates containing radionuclides. I am
---------
GP2042
---
also concerned in the future when it is time to cut the grass about the resuspension of previous
particulate deposition that oc:curred and has contaminated the grounds in front of the school near the
entrance.
I called Danny that evening. I did not receive a return call. I sent an email message on Monday
morning. Danny and I have talked but it has either been walking down the hall or in his office when he
was busy with other matters pertainingto Blue Ridge. I appreciate all the Danny is doing and realize he
has been extremely busy. I am grateful for the time he has been available to spend with me. I also
realize Jon is extremely busy as well.
I am also extremely worried that individuals will die a premature death or have serious health
problems in the future from this waste disposal at Blue Ridge. The latency period between exposure
and the increase incidence of cancer and other serious health effects is 10-40 years depending on
exposure scenario and age at time of exposure,
I am also concerned about the operators and workers at the landfill and how close they are
working to previously deposited.waste. Are they maintaining a buffer distance to minimize
exposure? Is the landfill resuming their normal activities before they assess the extent of
contamination? Are they continuing to let the public drive up to th_e area of the worki'1g face
and discharge waste materials they are dropping c;>ff? Has the equipment at the landfiU. that
was used for waste disposal been decontaminated as a precaution?......
./ I appreciate being an employee in the Division of Waste Management, it represents

my life's work and vocation.
./ I could not ask for a more talented group of coworkers

./ I appreciate the leadership of our Division and the time that Tony, Jon, and Danny
has devoted to listening to my concerns and observations.
1.
------------~-
..
I feel overwhelmed and terribly worried about the lives being affected and it helps me to
talk. I feel like I have been going at this alone as an employee for several years now and
what I have feared would happen and has happened in other states has now occurred in
Kentucky and to a more severe degree since this was processed TENORM rather than the
TENORM that_ is produced at the () & G drilling/tracking sites.
I also felt this was the last chance to get a message to you since management reads their
emails when they are away from the office!
Tha.nks again to everyone in the DWM for all you are doing. I wish you all the best as your
work on this and the Public Meeting tonight.
George
FrolTI: Partridge, George (EEC)
Cc: Anderson, Danny J (EEC); Weems, George (EEC); Hatton, Tony (EEC); Hendricks, Todd (EEC);
Jon;
With the public meeting scheduled for Tuesday evening in Irvine, KY, the public will want to know the
results of the survey and sampling events that were conducted by the CFHS-DPH in Irvine, Kentucky.
7
GP2043

It is important that we review and discuss those activities prior to the meeting so the public will be
presented an accurate representation of the activities conducted and what we can conclude at this
point.
Please schedule a meeting where we can all meet and discuss this prior to the public meeting on
Tuesday.
Thank you,
George
GP2044
,rom:
To:
Sent:
Subject:
Microsoft Outlook
Hatton, Tony (EEC)

Hatton, Tony (EEC) CTony.Hatton@ky.gov)
GP2045

RE: Swipe ssamples
To:
Subject:
AJ
I
I will get my notes, the GPS coordinates, and all from Saturday as soon as possible.
Thanks again for everything!
Geor~e.

Will do. I believe they have the analysis done.
Regards
AJ
1111:
'
m:
: ::.
. .

ent: Wednesday, March 02, 2016 3:15 PM
AJ;
I want the results from the school as Well. Ideally, I would like to see us merge the our reports and conclusions since
this was a join effort.
Thank you,
George

To: Partridge, GeQrge (EEC)
d morning George:
supervisor Curt Pendergrass is requesting any documentation that would accompany the swipe samples we took on
1
GP2046
:;st
Regards
.'
Radiation Health Specialist ll
- --- ~~~--~--~-~------~~-~--------~--~ ----~ -- - -~-----~~~~-~~------------ --~~--~ -- --C---~------Ph: 502-564-3700 x4171

FAX: 502-564-1492
~----;:;rankfort7"~y~40601~
GP2047
---~------------
Partridge, George.(EEC)
,rom:
Weems, George (EEC)

RE: Manifests so far
Sent:
To:
Subject:
Regrettably Richard has the inspection checked out so I can't add the other names to the inspection.

Subject:.RE: Manifests so far
George;
Thank you!
George
-----------------

To: Thomas, Richard F (EEC); Partridge, George (EEC)
Subject: Manifests so far
far I have loads almost into February, in fact the 2ih of January.
GP2048
~rom:
Sent:
TO:
Subject:
Weems, George (EEC)

I need the coordinates of the sample sites near the landfill. Will you be around for me to copy them?
sent: Wednesday, March 02, 2016 4:04 PM

George;
I asked Matt at the meeting the names of others there and he could not remember their names. Said it would be in
there reports. Hopefully I will get a copy we can combine with our notes;
. . . .) Anjan Bhattacharya (CFHS)

rt Pendergrass (CHFS)
ChristopherJ. Keffer (CHFS)
. .

Members ofthe Area 13 Bluegrass Emergency Response Team
Estill County Judge:"'Executive Wallace Taylor
Jeff Saylor- Estill County School District Superintendent

An: Partridge, George (EEC)
t: Monday, February 29, 2016 2:16 PM

1
GP2049
George;
Meeting scheduled fortoinorrow moring!
George

T(): Partridge, George (EEC)
=-~~~~Subject:.RE:JlE:~Site..SurYey~aad~Saropling~IOioe,~Saturday~Eebll.lcay22tb.~~~~.~.--~--


Jon;
Please schedule a meeting where we can all meet and discuss this prior to the public meeting on Tues~ay.
Thank you,
George
(jeorlJe P. Partri<fee Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP2050
..",
,,
:_
.rom:
To:
Subject:
Attachments:

Weems, George (EEC)
RE: Attendees: Site Survey and Sampling - lrvine,KY - Saturday, Februray 27th
Google Earth View - 022716.pdf; GPS Coor & Sample Locations - 022716~pdf
George;
Notes from this past Saturday. I plan to type a narrative and attach my photos as well as soon as possible.
Thank you,
George
Sent: Thursday, March 03, 2016 8:~1 AM

I need the coordinates of the sample sites near the landfill. Will you be around for me to copy them?
From: Partridge, George(EEC)
~nt: Wednesday, March 02, 2016 4:04 PM

"1111111111111:
Weems, George (EEC)
George;
I am still waiting and requesting the results from all the wipe sarnples that were taken, both for the school as well as the
I asked Matt at the' meeting the names of others there arid he could not remember their names. Said it would be in
there reports. Hopefully I will get a c6py we can combine with our notes.
(AJ) Anjan Bhattacharja (CFHS)

Curt Pendergrass (CHFS)
Matthew (Matt)W. IVlcKinley {CHFS)
Members of the Area 13 Bluegrass Emergency Response Team
e!1
County Judge-Executive Wallace Taylor

. Jeff Saylor - Estill County School District Superintendent
GP2051
--------------
- - - -
--
From: Ween:is, George (EEC)

_ .
Got it. Make a copy of the participant list from S~turday for me to put in TEMPO, S'il vous plait! Have you heard
~~from:-Partridge1<3eorge~EEe)~-~--~-~-~-~----~-~--~-~~~---~~-----
- -----~----~--~---~~-~~-~~F--~~~--~

Subject: RE: RE: Site Survey and Sampling - Irvine,KY - 5aturday, Februray 27th
George;
Meeting scheduled for tomorrow mo ring!
George

Sent: Monday, February 29, 2016 11:24 AM. .
Subject: RE: RE: Site Survey and Sampling - Irvine,KY :- Saturday, Februray 27th_
~~~~~~~~~~~~~~___,
Jon;
With the public meeting scheduled for Tuesday evening in Irvine, KY, the public will want to know the results of the.
survey and sampling events that were conducted_ by the CFHS-DPH in Irvine, Kentucky.
Thank you,
George
{ieor9e P. Partrid{Je Jr.

2
GP2052

200 Fair Oaks Lane; 2nd Floor (SWB}
.ankfort, KY 40601
.o02} 564-6716 ext. 4651
I-
GP2053
1-rom:

Sent:
To:
Subject:
Jeri:
. Correspondence leading up to the planning of a site visit to Fairmont Brine Processing.
Thank you,
George
Fro,n: Frame, Jason R [mailto:Jason.R.Frame@wv.gov]

No problem
......
Sent via the Samsung Galaxy Note 3. an AT&T 4G LTE smartphone
'
-------- Original message -------From: "Partridge, George (EEC)" <George.Partridge@ky.gov>

Date:03/02/2016 5:30 PM(GMT-05:00)
To: "Frame, Jason R" <Jason.R.Frame@wv.gov>
.
.
Cc:
Jason;
I appreciate all you are doing to assist our respective cabinets that Dr. Curt Pendergrass and I serve in.
George Partridge
KDWM

Subject: RE: PhOne call on February 26, 2016
.t,
I
I

l
GP2054


Office: (304)356-4303
Fax: (304) 558-0524
Email: Jason.R.Fr'ame@WV.gov
'

To: Kalt, Brian
How about we pay you a visit on Friday ML Kalt? I would need to reach out to my counterparts in WV just to see if they
w~sh to a~compan~ us o~ this sampling trip.to your Fairmont, WV facili~y. We _never go i~to anothe_r age~cies jurisdiction~
without first checking with them. And I believe Mr. Jason Frame has quite a bit of experience working with you cind your. . .
facility. You said the sludge would be easily accessible with pr~per planning. What would that entail exactly just 'so we
can bring the proper sampling equiprnent.
Curt Pendergrass-PhD
Mailstop HS1C-A
Frankfort,_KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-'564-1492
E-mail: curt.pendergr'ass@ky.gov
Website: http://w'Nw.chfs.ky.gov/dph/radioactive.htm

To:

Subjec:t: RE: Phone Call on February 46, 2016
2
GP2055
Mr. Pendergrass,
r~e
sludge does not accumulate in either of the large ponds you see in the picture below, but rather in the middle of the
picture in what looks like a rectangle f'<oncrete basin"). With proper planning, we can access the sludge easily. What
day wo.uld work for you
~nd
or your team?
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e-mail is intended onlyfor the individual or entity to whom it is addressed. Its' contents (including
any attachments) are confidential and may contain privileged information. If you are not anJntended recipient you must not use,
disdose, disseminate, copy or print its contents. If you receive this.e-mail in error, please notify these.nder by.reply e-rriail and

To: Kalt Brian
:
=.~art~idg.~I Geo,rge (EEC); McKinl,ey, Matthe.w w(CHS-PH)

: . . .bJ~:. ~E: Phone call on February 26, 2016
.
I. .
',~,:.
'', ;!1~(~;
'
Sorry to hear that f\llr. Kalt Qut I was thinking that was probably going to be the case given the amount oftime that has
transpired. But thanks for checking on the samples with Summit and Reliance just the s~me. looking ba~k your earlier.emails, younientioned thatthe sl~dge was beil1gdewatered on site in dewatering boxes, Do yoUhave any of this sludge
material currentiy on site that we can easily access to take a sample of what you are now processing that you would
rrilnd vs toming to get? I am not familiar with your fa,!'.:illty but I really don't wish to get in a boa.t to float on your settling
p~nd ord6risp'.Jba gearto takeslu~ge sample the b.ottom of a deep settling pond. The picture of the pond on your
w.ebsite looks like it Would be.ffifficult to sample.
at
Currently, FBP does not physically dewaterthe sludge on-site. The sludge is removed via pump into standa'rd
GP2056
------
----
-----------------
---

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Dispose of unwanted sources http:ljwww .crcpd.org/StateServices/SCATR.aspx
4
GP2057
,/!;,:It,
::ailto:Bf<alt@fairmontbrine.oom]

Dr. Pendergrass,
prior to analysis.
Kind Regards,
Brian Kalt
President
412-680-6244
~close, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e7mail and
,
From:
Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]

To: Kalt, Brian
Thank you sir.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-.564-3700 ext. 4183
Fax: 502-564-1492
~your fees on line at https:/lprd.chfs.ky.gov/rad epay/
~otified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
Dispose of unwanted sou~ces http:Uwww.crcpd.org/StateServices/SCATR.aspx
GP2058

I
~~--,or.-Penoergras-s,
~~-~=-,
~-~~-~-
..~- ~..-.. --~--,,---~------~-- ........._-----~~
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this. e-mail is intended only for the individual or entity to whom it is add.ressed. Its contents (including
disclose, disseminate, copy or print its contents. lfyou receive this e:..mail in error, please notify the sender by reply e-mail and
..A
9"'

To~ Kalt, Brian.

on-contact dose rate reading With the Fairmont Brine Processing sludge did indeed read 2 mrem/hr.
"Based on the highest recorded Source reading: 2 mrem/hr @ contact (assumed 0.25" from_ source)"
The 2 mrem/hr on contact dose rate reading is what we were led to believe this sludge read trom others in WV.
You did not answer my question but would you be wilJing to contact those laboratories where you previously sent this
to pick up the samples. And as long as we have your written permission to release these samples, assumjhg they still
exist, I would be more than happy to contact Reliance or Summit on your l;>ehalf and inquire as to whether they still
GP2059

~tucky Radiation Health Branch
~ East Main Street
.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564.:.3700 ext. 4183
Fax:502~564~1492
Website: http;//www .chfs.ky.govI dph/radioactive .htm
Pay your.fees on line at https://prd.chfs.ky.gov/rad epay/
Dispose of .u.nwanted sources http://www.crcpd.org/StateServices/SCATR.aspx

Sent: Tuesday,' March 01, 2016 5:01 PM
To= Pendergrass,.C:urt (CHFS DPH)
Dr. Pendergrass,
~iogr.ap.h'.1c inspection, the radiation spread. s out.. as it trav.els a\Nayfrom the source. T.herefor~, the inte.nsity
~he radiation follows Newton's Inverse Square Law. This law accounts for the fact that the intensity of
radiation becomes weaker as it spreads out from the ~ourcesince the same about of radiation becomes
1000 rem.
- p i e s : (Distance from source)
7
GP2060
~~--
(1 ft away)A2
= 0.000866 mrem, or 0.866 rem
(2 ft away)A2
= 0.0002163 mrem, or 0.2163 rem
sensitive enough.
(10 ft away)A2
= 0.000000086 mrem, or 0.0086 rem
sensitive enough.
Source reading:. 2 mrem/hr@ contact (assumed 0.25" from source)
(1 ft away)A2
= 0.0718 rem (0.0000718 mrem)
Kind Regards,
Brian Kalt
President
412-6806244
GP2061
From: Pendergrass, Curt(CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]

: Kalt, Brian
: Partridge, George (EEC);. McKinley, Matthew W (CHS-PH)
Unfortunately, looking through the analysis results from both Reliance Laboratories and the Summit En:vironmental
what we were really hoping to find. Something that actually put number to the actual pCi/g for Ra-226 and ~a-228
the samP,les if they are available.
Also, thank you forthe information on the radiological surveys of this sludge material. Can you give me a .little more
information on what type of survey .instrume11t you were using when you took the surveys referenced below (m~,J~e,
model, calibration d.ate). lfyo4 ~Qok a background.with this instrument, what did it read? You indicated you took your.
'
material above background. the average reading of all samples (1 foot from the sludge) was only 0;227 R/hr
(O.OQ02267 mR/hr). The highest reading (1 foot from the sludge) IJV!:ISOnly 0.8652 R/hr (0.0008652 niR/hr), As
published by ttie Nucle~r Regulatory Commission (NRC) and United States Environment Protection Agency (EPA),
both readings are lower than the dose of drinking several glasses of beer per ti,our (0.07,mR per beer), and
Thanks agair;i for your cooperation and assistance in this matter,
Regards,
Curt PendergrassphD
Kentucky. Rat!hation Health Branch
Mailstop HS1~-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183 '
Fax: .502-564-1492,;
Fm ail:. curt.pendergrass@ky.gov
.
Pay your fees on line .at https://prd.chfs.ky.gov/rad epay/
Dispose of un_wanted sourceshttp://www.crcpd.org/StateServices/SCATR;aspx
..-=:
~t;
[m~:BKalt@fairm~ntbrine.com]
Kalt, Brian
9
GP2062
Gentlemen,
1.
Each box can hol.d up to 25 yards. Length 20', Height 6' and Width 8'. Empty Weight is 9,000 lbs.
Still trying to trackthis information down.

3.
4.
FBP uses sodium sulfate, a soluble compound whose predominant use is in the manufacture of powdere<;l soaps, to
capture barium, a toxic constituent in some brines, as barium sulfate and to capture radium, as ratliurri sulfate, to form
an Insoluble.sludge. This chemical precipitation process also removes sand and some hydrocarbons. This sludge has
been determined. to be. non-hazardous.
When soluble barium is converted to insoluble barium sulfate, it's toxic nature becomes so
beni~n that it is used by .
x-ray or CT scan.
FBP's sludge has been fairly consistent since operations began in :2013. Because of the possible co-precipitation of
radium with barium, FBP monitors the sludge with a handheld detector.. In 2014 and early 2015, FBP's sludge had no
mR/hr). The highest reading (1 foot from the sludge) was only 0'.8652 R/hr (0.0008652 tnR/hr). As published by the
Nuclear Regulatory Commission {NRC) and United States Environment Protection Agency (EPA), both readings are lower
than the tlose of drinking several glasses of beer per hour (0.07 mR per beer), and slightly lower than consuming one
banana
(0.009863. mR per banana).
.
Currently, FBP does not physically dewaterthe sludge on-site. The sludge is removed via pump into standard
dewatering boxes. After some dewatering period on~site, the boxes were received by Advanced TENORM Services for
dewatering and solidification, as appropriate to pass paint filter test, and then landfilled. Based on FBP's under,stariding

5.
Is there analytical data on the waste available to help us understand the impact that will have 011managemen.
of the landfill?
10
GP2063
fl!!_
If anything else is needed, please let us kno~.
Kind Regards,
Brian Kalt
President
412-680-6244 ..
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed.. Its contents (including
any attachments) are copfidential and may contain privileged information. If you are not an intended recipient you must not use,
.

Cc: Kalt, Brian
.
-bject: RE: Phone Call on February26, 2016
~rt;
George Partridge
KDWM


Hello Mr. Kalt,

. . i l l s a result of human practices. Naturally occurring radioactive material does not include the natural
~oactivity of rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
11
GP2064
A..
902KAR100:010. Definitions for 902 KAR Chapter 10.0. http://www.lrc.state.ky.us/kar/902/100/010.htin

(301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.O.R.M., which has , .
been separated
various degrees from the original ore or other material, refining or implementing it.
to
-- Prohibitions -- Exemption. http:ljwww.lrc.ky.govfstatutes/statute.aspx?id=8502
- H-(3) Natur~iY-o~~~rringcracti'O~aC:iiVe-materiaTfN-ORM) as defi'rled in KRS 211.862(8) shaff be the exclusive

KRS 211.869 Penalties. http://wwwJrc~ky.gov/statutes/statute.aspx?id=8505
(1) Any person who fails to cornply with any'provision of KRS 211.859 or 211.863, or with any administrative
Regards,
Mailstop HSlC-A
Frankfort,
KY: 40621
.: ..
/.'
Tel: 502-564-3700 ext.. 4183
Fax: 502-564-1492
Website: htlp:/lwww .Chfs.ky.gov/dph/radioactive.htm
Pay your fees on line athttps://prd.chfs.ky.gov/rad epay/
Dispose
of unwanted
sources.http://www.crcpd.org/StateServices/SCATR;aspx
- - '.
.
.'
~.
~~:
12
GP2065
-------.
-~---~-~------..-
.6J= Kalt, Brian
~: Partridge, George (EEC); Pendergrass, Curt (CHFS DPH); Maybriar, Jon (EEC)

Mr Kalt:
Thanks,
Danny Anderson
Dr. Partridge,
Und~rKRS
211.862 and 211.863, what levels of naturally occurring radioactive material has Kentucky set
..
Kind Regards,
Brian Kalt
President
412-680-6244
The inforrnation contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its
contents (inch,1ding any attactirnents) are confidential and may contain privileged information. If you are not an
intended recipient you must not use, disclose, disseminate, copy or print its contents. If you receive .this e-mail in
Sent: Friday, February 26, 20i6 5:36 PM

To: Kalt, Brian
Cc: Pendergrass, Curt (CHFS DPH); A11derson, Danny J (EEC); Maybriar, Jon (EEC)
Hello Brad;
I appreciated you calling today and the opportunity for us to talk. Just wanted to briefly hlghlight the
13
GP2066
issues permits for contained landfills and they are not to accept any unpermitted wa?te. The DPH
follows:
1.
2.
3.
4.
5.

Ridge La.ndfill between July and November of 2015?
Was all the waste similarin nature?
Is there analytical data on the waste available to help us understand the impact that will have
Thank you,
George
{ieor9e P. Part:rUfee Jr., Pli1J, P.'E., Q,'EP

\
14
GP2067
-m:
Sent:
Te>:
Cc:
Subject:

Hi George and Jeri,

https:Owww3.epa.gov/epawaste/nonhaz/industrial/special/oil/index.htm
And, specifically: https://www3.epa.gov/epawaste/nonhaz/industrial/special/oil/oil-,gas.pdf

1} Has the waste come from down-hole, i.e., was it brought to the surface during oil and gas E&P operations?
~(ournational. h.azardous was.te database), looked up the. F.airmont facilit.y w.e. b.site, and I a.I.so.. spo.ke to rriy R.2 con.tact,

Info showed that the facility is the lowest generator of hazardous waste (a conditionally exempt small quantity
generator (CESQG).
Athens, GA). He said it looked like the type of analysis usually used when waste is senfto a hazardous waste landfill,
Nancy McKee Perez

(404) 562-8674
- : Partridge, George (EEC) [mailto:George.Partridge@ky.gov] .
1
GP2068
Hello Nancy;
---~-
.,.._~~~~,-~~-~~~~-""~~~-~
Waste Profile Sheet and Approval Review Form from Advanced Disposal for the waste shipments they l"ecefve~d
landfill manager that confirms receipt of 47 shipments between July 24; 2015 and November 16, 2015. The
Blue Ridge Landfill in Irvine, Kentucky that rec;:eived this waste is managed by Advanc:ed Disposal.
Correspondence to the "WestVir~inia Office of Environmental Health Services" from Fairmont Brine Processing
TENORIVI related wastes. Also attC'lc::hed are their recor(ls of incorporation as an LLC here in l(entuc:ky.
We look forward to talkingwith you again .next week.
Sincerely,
George
(jeor9e P. PartrirfBe Jr.

Frankfort, KY 40601
(502) 564~6716 ext. 4651
GP2069
-m:

Kalt, Brian
McKinley, Matthew W (CHS-PH); Fowler, Kathy L (CHFS PH); Maybriar, Jon (EEC);
Anderson, Danny J (EEC); Partridge, George (EEC); Brock, Stephanie C (CHS-PH);
Sent:
To:
Cc:
Subject:
Hello Mr. Kalt,

It was a pleasure speaking with you on the phone this morning. Again, I want to than~ you and {airrr,lont Brirye
Processing for reaching out to our office and to our colleagues in the Dept. of Environmental i>rotectiOn as we work to
resolve the ~ssues we are now. facing. With this now making front page news in the local papers, the sooner we get a
<
'.
..
'
.'
And I especially want to thank you for offering tq provide samples of sludge from thi? same settlingtahk wh~re the
material we are now dealing with first originated at FBP. The fact that the tank .is used in the inltial stage of settling and
precipitation Qf oil and gas flowback and produced fluids, I would imagine the sludge now in your tanks is fairly
representative of what was there last summer when these tanks were cleaned out and the material bro1,1ght to KY. As
you said, you will understandably need to first discuss this with your attorneys to get their input, but I call assure you
choosin. g for co..mpar.ison, T.he. Dep.t. for Public He. alth., Ra. diation Health Br.anch has its ow.n Envir.onrnelltal Mon.itorin.g.
oratory and the samples you provide would have the radiochemical analysis conducted by our laboratory and I am
e my colleagues in Solid Wastes will wish to conduct their own analysis as well for other non'."radioactive const.ituents.
We will probably reach out to our colleagues in the WV Office of Environmental Health Services/Radiation; Toxics and
. . .
Solutions, Waste Management and Pace Analytical, I am going to have to forward that along to rny tolleagt:ies in Solid
member from this office showed slightly elevate.d exposure rate readings in localized areas of the landfill cap but the
region where the landfiUinques.tion is located was found to have a high amount of shale which contains elevated levels
of natural ur.a.nium and thorium and decay daughters. Obviously, much more thorough and extensive radiation surveys
and sa.Tpling will need.to be conducted to better characterize and quantity the radiologic:al conberns.
.
...
Regards,
Mailstop HSlC-A
kfort, KY 40621
. .502-564-3700 ext. 4183
Fax: 502-564-1492
1
GP2070
Di~pose of unwanted sources http://www.crcpd~org/StateServices/SCATR.aspx
Sent: FriQfly, Februa!Y 26, 2016 11:14 AM
To: Pendergrass,
curt (CHFS DPH) - - --
-~~~~~~-~~----~-~-~~~~- ~~- ~~--- --~-~~~~----~~~
----- --~-- -

Mr. Pendergrass
1. Any documentation that Cory Hoskins and or Advanced TENORM Services presented to Blue Ridge Landfill, the
2.
3.
4.
Kentucky DEP ano or The Kentucky Department for Public Health, Cabinet for Health and Family Servkes.
Any documentation and or re_sL1lts from Pace Analytical and or Waste Management.
You mentioned tha_t your team did some radiation mohitoring at the Blue Ridge Landfill, and the re~ults
send anaiysis once received,
If anything else is needed on our end, please let rrie know.
Respcetfully,
Brian Kalt
President
Faii"mont Brine Processing, LLC
412:..680-6244
.
"
'
. .
..
....
The information contained in this e"mail is intended only for the individual or entity to whom it is addressed. Its .contents (including
any attachments) are confidential and rnay contain privileged information. If you are not an intended recipient you must 11ot use,
disclose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail ~hd
GP2071
f/L, .
Subject:

Maybriar, Jon (EEC)
Anderson, Danny J (EEC); Hatton, Tony (EEC)
RE: RE: Safety of Irvine, KY Community
Tracking:
RE!cipient
Delivery
Rei!d-
Maybriar, Jon (EEC)
Read: 3/2/2016 6:20 PM
Read: 3/3/2016 8:05 AM
Hatton, Tony (EEC)
Reiid: 3/2/2016 7:57 PM
Sent:
To:
Cc:
Jon;
I will follow up with Danny as requested. I c::lo not know what could have changed since Saturday since my text message
was sent at the end of our visit at the schools in Irvine, KY. The consultant from what Matt McKinley shared that .
afternoon that was going to be on. site Sunday, was not certified and therefore could notconduct any sampling or
sample analysis. "Pre~ent" means to me t~at the students can go to school and not be concerned this coming week.
Please keep infoind that the text was sent from my cell phone and I wanted to go into more detail in a follow-up phone
call and meeting.
'
tha~
instru~.
the~e
i~.the
AALhat c.oncer.n.s nie is

Matt Mc.Kinley
ted everyone .that th. e. y. we. re.. not
to. look f.or. part.ides. T.hat
~ary exposure scenario we are concerned with. At this pomt we are concerned with the resuspension of deposited
particulate matter that might potentially become a radionuclide inhalation hazard. That was not addressed by IVlatt
McKinley's group Saturday.
To look for an elevated ionizing radiation level off of the ground or the building surfaces above an acceptable level of
exposure would be unexpected, considering the type of exposure scenario we are dealing with.
I feel we have a dusting of particulate deposition on top of existing shale geology which makes the total cps measured
only slightly above or within the background level range for the shale alone. The shale will stay in place, but the
deposited radionuclide waste particulates if inhaled in the compartments of the respiratory system, are in direct contact
with lung tissue/cells and the continued exposure for extended periods of time raises the risk of increased cancer risk
with a latency period of 10 to 40 years.
Depending on the emitter, the internal dosimetry analysis for an individual walking on a shale formation is minimal and
nothing to be concerned about.
I felt the survey Saturday was more for the public and news crew rather than an assessment of the exposure concerns
we have forthe critical receptors.
I felt the present exposure concerns were minimal to the public even without what was done this past weekend .
want to note that I have not received the sample results from Saturday yet that I requested and were supposed to
. .been completed either Sunday or no later than Monday.
.
GP2072
In closing I want you to know that I appreciate what you, Danny, Tony, and everyone is doing to address the situation at
Blue Ridge. I also realize the extreme demands on everyone's time and schedule presently and thatthere is no way to
meet with everyone. I am very passionate about this situation since it reflects and surrounds so much of my teaching ~
and research work at Penn State when I was a faculty member.
~
Please do not take niy emotions and concerns to be questioning what you all are doing. I am happy to be part of this
Division and I appreciate all those l know and work with and know everyone has the best interest of the Irvine
Community at heart;
George
March 02, 2016 11:30 AM
Sent: Wednesday,
George,
Finish~d. Appears school building is ok. Will get wipe results Monday. As you go from entrance of school buildiflg to
main road entrance counts go up. Also numbers higher as you scan terrain going up toward gate of landfill. Person~lly
I feel we are seeing contamination from trucks and traffic to and from landfill. I do not see any concerns or risks to
..A
the pu..b.l.ic du. ..e to prese.nt a. ct.il(.ities... They should. go a.. bout th. eir no.rmal activities. The . risk co.ncern and exposures to
worry about occurred this past year. Will call you late afternoon or early evening and discuss With you.".
...
Please work with Danny t<> schedule a time to meet with me to better understand your
Thank you,
Jon
From; Partridge, George (EEC)

March 01, 2016 6:15 PM
To:Hatton,Tony(EEC)
Sent: T1:1esday,
Tony;
to ta.keto protect. their. safety and we.II-being until we know more (such as a reconstructive exposure assessment, e t c . ) .
.
,
GP2073
I am going to list my observations and recommendations below and also attached a copy of an email message I sent
the school building and started his instruction to the group by stating "We are not here to look for.:particulates."
Matt McKinley instructed Chris Keffer and A. J. Bhattachar)ta not to take the "back packs" (which were the most
school where the grass was, not gettir;ig surveyed for deposited particulates.
.
.
I also me!1tioned to Matt McKinley that th~ schools needed to turn c:>ff the HVAC systems, remove the existing'
filters and take wipe samples in the ductwork on the upstream side of the filter to check fqr.particulate matter
containing radionuc::lidE!s. This was not done tQ.!llY knowledge.
! The maintenance workers at the school each time they work on, service, or replace the filters to the H.VAC
! Deposited particulate matter.from the landfill and vehicular traffic coming and going from the landfill,
and all individuals that may be present in the vicinity when those activities are conducted
. . message by text on the phone to Danny Anderson, sent to him at 1:58 PM on Saturday, February 27th stated the
following:
concerns or risks to the public due to present activities . they should go about their normal activities. The risk
concern and exposures to worry c;tbout occurred this past year. Will call you late afternoon or early evening and
discuss with you."
In my text messages I used the word "public" in my message and with the words "present activities;'' I still neede(:I to
discuss the safety and well-being of the maintenance workers at the school who change the filters poten,tialiy being
exposed to particulates containing radi.onuclides. I am also concerned in the future when it is time to cut the grass
to Blue Ridge. I appreciate air the Danny is doing and realize he has been extremely busy. I am grateful for the time he
has been available to spend with me. I also realize Jon is extremely busy as well.
..-.,iso.extremely worried that individuals will die a prema.ture death or have seri.ous health pro.blem.s in the future
~ this waste disposal at Blue Ridge. The latency period between exposure and the increase incidence of cancer
and other serious health effects is 10-40 years depending on exposure scenario and age at time
of exposure.
GP2074
I am also concerned about the operators and workers at the landfill and how close they are working to
previously deposited waste. Are they maintaining a buffer distance to minimize exposure? Is the landfill
resu. m...ing th. e.ir. normal activities before they ass.ess .the e.xten.t. o.f con
... tamination? A.re t.hey continuing to l e ' the public drive up to the area of the working face and discharge w.aste materials they are dropping
precaution?
../ I
'1
appr~iate
being an employee in the Division of Waste Management, it represents my life's work

-~-~~,-~~and.Yeo.cation.
......
-_____ -:_ _:
__
../ I could not ask for a more talented group of coworkers
../ I appreciate the leadership of our Division .and the time that Tony, Jon, and Danny has devoted to
listening to my concerns and.observations.
-~--e-~
~~-----_-
c-. .::-~~--""to-=--~"'~"""'""-~~=--=---~~
was processed TENORM rather than the TENORM that is produced at the O & G drilling/fracking sites.
George

Cc: Anderson, Danny J (EEC); Weems, George (EEC); Hatton, Tony (EEC); Hendricks, Todd (EEC); Briggs, Lindsey (EEC) .
Jon;
With the public meeting scheduled for Tuesday evening.in Irvine, KY, the public will wantto know the results of the
Please schedule a meeting where we can all meet and discuss this prior to the public meeting on iuesday.
Thank you,
George
<geor9e P. Partricfae Jr.

4
GP2075
Frankfort, KY 40601
(502) 564-6716 ext. 4651
..
..
GP2076
------
-----
---
f#om:
Sent:
To:
Cc:
Subject:

Gents,
I've _been trying to get ahold of Cory Hoskins from Advanced TE NORM Services for over a week now, but he seems to
have gone silent. I'm going to send him an email, and I was wondering if there were any questions you wanted me to
include because I'm guessing you have not heard from him either,
Kind Regards,
Brian Kalt
President
412-680-6244
The info_-rmatio-n contained in this e-m_-a-ii is intended o_ nly for__ the individual or e_ntit-y to whom it is a_ ddres_s_e_d-. Its-content_s (in_cl-uding
. .lose, disseminate, copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and

To: Kalt, Brian

SUbject: RE: Phone Call on February 26, 2016
Mr. Kalt;
Thank you for your assistance,
George Partridge
KDWM

~artridge, George (EEC); McKinley, Matthew W (CHS-PH)
ewect:
Dr. Pendergrass,
1
GP2077
prior to analysis.
Kind Regards,
Brian Kalt
President
~--~-4~1~~680~62'44=~--~--~-~-~~~----~----- -----~~~-~~~-~~----~---~-~~~-~-~--
The information contained in this e-mail Is intended only for the individual or entity to whom it is addressed. Its contents {induding
From: Pendergrass, Curt (CHFS DPH) [hlailto:Curt.Pendergrass@ky.govl

To: Kalt, Brian
Than_k you sir.
MaHstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-'564-1492
Pay your fees on line at https:Oprd.chfs.ky.gov/rad. epay/
Be notified of proposed regulation changes https:Osecure.kentucky.gov/Regwatch/
Dispose of ~nwanted sources http:Owww.trcpd.org/StateServices/SCATR.aspx

To:. Pendergrass, Curt (CHFS DPH)
Dr~
Pendergrass,
GP2078
tl!.nd Regards,
Brian Kalt
President
412-680-6244
The information contained in tnis e-mail is intended only for the individual or entity to whom it is a.ddressed. Its contents (including
any attachments) are confidential and may contain privileged information. If you are not an intended recipient you must not us~;.
disclose, disseminate, copy or print its contents. If you receive this e-mail in error/please notify the sender by reply e~mail and
From: Pendrgrass, Curt (CHFS DPH) [lllailfo:Curt.Pendergrass@ky~gov]

To: Kalt, Brian
.contact dose rate reading with the Fairmont ~rine Processing sludge did indeed read 2 mrem/hr.
"Based on the highest recorded Source reading: 2 mrem/hr@ contact (assumed 0.25" from sour~e)"
The ~ rnrern/hr ~n colita.ct ~OS~ rate reading is what we were led to be.lieve this sludge read from others in W'I/.
You did not answer my question but would you be willing to contact those laboratories where you pre~iously sent this
material to our office for radiochemical analysis? As I saip, we would be m9re than happy to rn~~e the drive to OH or W.V
to pick up the samples. And as long as we have your written permission to; felease these samples, assuming they still
exist, I would be more than happy to contact Reliance or Summit on your behalf ~~d inquire as io whether they still
,
Please let me know about the samples and .thank you once again for your cooperation and assistance in this matter.

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
..... ~502-564-1492
~ii: curt.pendergrass@ky.gov
Website: http:Uwww.chfs.ky .gov/dph/radioactive.btm

Be notified of proposed regulation changes https:ljsecure.kentucky.goV/Regwatch/
3
GP2079

Dr. Pendergrass,
Please note, for clarity, the valUes provided previously were numbers calculated above background. In
radiographic inspecticm, the radiation spr~,ads out as it travels away from the source. Therefore, th~ intensity
In industrial radiography, the intensity at one dist,ance is typically known and it is necessary to calculate the
Radiation Dose Rate and Dose Examples:,
,
With a known dose rate reading at given distance from the source (at contact, say 0.25", or 0:0208 feet), the fixed law
called, the Newtown Inverse Square Law is applied to determine the dose rate at any other distance. Note: 1 mrem =
1000rem.
Radiation dose= {Dose Rate, mrem/hr)*(Distance of the known dose rate, in feet)"2
(Distance where you want to calculate the dose rate, ft)"2'
Dose= (2 mrem/hr)*(0.0208 ft)"2
(1 ft away)"2
= 0.000866 mrem, or 0.866 rem
(2 ft away)"2
= 0.0002163 mrem, or 0.2163 rem
GP2080
-nsitive enough.
Dose= (2 rnretn/hr)*(0.0208 ft)A2
(10 ft away)A2
= 0.000000086 tnrem, or 0.0086 rem
sensitive enough.
(1 ft away)A2
= 0.0718 rem (0.0000718 mrem)
~dRegards,
, a n Kalt
President
412-680-6244
The information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its conte.ots (ioc;lucjing
any attachments) are confidential and may contain privileged information. If you are not an intended recipient you musfnot use, '
Sent: .Monday, February 29, 2016 4:29 PM

To: Kalt, Brian

Subject~ FW: Phone Call on February 26, 2016
nologies Laboratorie.s i don't see. wh. ere any radiochemica.I a. nalysis on any of this material was performed which is
t we were really hoping to find. Something that actually put a number to the actual pCi/g for Ra-226 and Ra-228
inquiring as to whether or not theyretained the samples from last fall and if so, if our office could acquire a portion for
5
GP2081
tbe samples if they are available.
model, calibration date). If you took a background with this instrument, what did it read? You indicated you to.ok your
readings 1 foot from the sludge. Is that 1 foot from the sludge samples before you sent them to Reliance and Surrimit or
1 foot from 1:he sludge boxes or 1foot from the sludge pit?
-~~-,~-7~1r:i~tha.second,baliot2015~..EBJ?:s.slu~dge__b~a.i:Lexblruted.vef, v..erJ l2v.1. lev~ls of natl!rajl_~ occurring radic>active
. _ ~ .......
published by the Nuclear Regulatory Commission ((\JRC) and United States Environment Protection Agency (EPA),
both readings are lower than the dose of drinking several glasses of beer per hour (0.07 mR per beer), an.d

Regards,
Mailstop HSlC-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564;..1492
Website: http://Www.chfs.ky.gov/dph/radioactive.htm
Pay your fees on line at https:ljprd;chfs.ky.gov/rad epav/
Be notified of proposed regulation changes https:ljsecure.kentucky;gov/Regwatch/
-;.',

Sllbject: RE: Phone Call on February 26, 2016
Gentlemen,
Each box can hold up to 25 yards. length 20', Height()' and Width 8'. Empty Weight is 9,000 lbs..
2.

6
GP2082
3.
""
What was the total quantity of waste shipped in the 47 shipments that were received by Blue Ridge Landfill.
Frame; Chief Radiological Health Program at the Office of Environmental Health Services/Radiation,. Toxics and Indoor
4.
Was all the waste similar in nature? ,
an insoluble sludge. This chemical precipitation
process also removes sand and some hydrocarbons. This sludge has
.
been determined to be non-haza.rdous.
.
When. soJublebarium isJ:onverted to insoluble barium sulfate, it's toxic nature becomes so benign that it.is-used by
doctors as a contrast media to coat esophagus~ stomach, or intestine so that diseased or damaged areas can be seen by
x-ray or CT scan.
~/hr). The highest reading (1 footfrom the sludge) was only 0.8G52 R/hr (0.0008652 mR/hr): As published by t~e
. . .clear, Regulatory Commission (NRC) and United States Environment Protection Agency (EPA), both readings are lower
banana (0'.009863 mR per banana).
dewatering boxes. After some dewateririg period on-site, the boxes were rece_ived by j\dvanced TENORM Services for
dewatering and solidification, a~ a,ppropriate to pass paint filter test, and then landfilled. Based on FBP's understanding
of the de.watering process and solidification pro~ess, the extremely low. levels of naturally occurring radioactive
5.
Is th.ere analytical data oh the waste available to help us understand the impact that will have on management
of the landfill?
Please see the attached Non-Haz.ardous Waste.Approval Notification Form from the West Virginia Department of
the Non-Hazardous Material. .
Kind Regards,
i. .nKalt
I
President
GP2083
412-680-6244
~--~~-
i=romti'aitrli:lge; Geor9eri:i:cf[rnailto:Geor9e.Pa-rtridge@kY.gov]
Cc: Kalt, .Brian
Curt;
Thankyou for responding to Mr. Kalt's que~tion.
George Partridge
KDWM

Hello Mr. Kalt,

As promised, below the
applicabl~
Kentucky Regulatory Statutes dealing with TENORM.
KRS 211.862 Definitions for KRS 211.861 to 211.869. http:ljwww.lrc.ky.gov/statutes/statute.aspx?id=8501

or as a result of human practices. Naturally occurring radioactive material does not includethe natural
radioactivity C>f rocks or soils, or background radiation, but instead refers to materials whose radioactivity is
technologically enhanced by cont~ollable practices (or by past human practices);
902KAR100:010. Definitions for 902 KAR Chapter 100~ http:ljwww.lrc.state.ky.us/kar/902/100/010.htm

(301) "Technically Enhanced Naturally Occurring Radioactive Material "TENORM" means N.O;R.M., which has
8
GP2084
- - - - -
"RS 211.869 Penalties. http:l/www.lrc.ky.gov/statutes/statute.aspx?id=8505

regulations promulgated pursuant to KRS 211.859 or 211.865, or fails tq comply with any order of the cabinet
thousand dollars ($10,000) nor more than one hundred thousand dollars {$100,000). Each day ohhe violation

Plan, Adopted May 1999 (http://www.cmcornpact.org/publications/Regional Mgmt Plan.pdf)
_Disposal of TE NORM Waste at Facilities in the Region other than the Regional LLRW Disposal
Facility
activities whether it be disposal in place, disposal in a sanitary landfill, disposal in .a licensed TENORM
waste site, or disposal at a licensed LLRW disposal facility.
Regards,
~ntuc. ky Radia.tion Health Branch
~ East Main Street
Mailstop HSlC~A
'
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Website: http:ljwww.thfs.ky.gov/dph/radioactive.htm
Pay your fees on line at https:ljprd.chfs.ky.gov/rad. epay/
Be notified of proposed n:!gi.fl~tion changes https:ljsecure.kentucky.gov/Regwatch/

To: Kalt, Brian
Mr Kalt:
*1e agency responsi.ble for the enforcement of those statutes and regulations which is the Cabinet for Health and
~~ily Services (CHFS).
Thanks,
9
GP2085
Danny Anderson
Dr. Partridge,
~-~-- _-~ asb_eirrg Cil:~~J2~-~IE!? --~~ .________ ~---~- -~~ ______ -~~~~~------~~~ -------~--- -~ --------~~------ :_____ -~-~~~--~-~--~---~
Kind Regards,
Brian Kalt
President
412-680-6244
The information contained in this e_-mail is intended only for the individual or entity to whom it is addressed. Its
From: Partridge, George (EEC) [mailto:George~Partridge@ky.gov]

To: Kalt, Brian
Subject: RE: Phone Call on February 26, WH~
Hello Brad;
I appreciated you calling today and th_e opportunity for us to talk. Just wanted to briefly highlight the
questions you asked and what I _shared with you.
We received callsfrom Ohio that shared TENORM waste was being shipped from Ohio to Kentucky. One
Ou_r understanding was the

waste was sent directly
to the landfill.
.
.
10
GP2086
issues permits for contained landfills and they are not to accept any unperrnitted waste. The DPH

since their management ha$ not made a complete disclosure of the wastes they have received.
We would appreciate the assistance bf your company in helping us obtain the following information, so
follows:

2.
3.
4.
5.

Ridge Landfill between July and November of 201S?
Is there. analytical data on the waste available to help us understand the impact that will have on
briefly address questions you have. we.are both seeking to understand better what has happened and
Thank you,
George
<;ieor9e P. Partri<fee Jr., PfiV, P/E., Q,'.EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<image001.gif>
11
GP2087
--om:
To:
Sent:
Subject:
Maybriar, Jon (EEC)

Thursday, March 03, 2016 1:42 PM
Your message
To: Maybrier, Jon (EEC)
Sent: Thursday, March 03, 2016 8:11 :00 AM (UTC-05:00) Eastern Time (US & Canada)
was read on Thursday, March 03, 2016 1:42:18 PM (UTC-05:00) Eastern Time (US & Canada) .
..
..
1
GP2088
#_rom:
Sent:
To:
Subject:

Weems; George (EEC)
RE: KAR
George;
Where is it in KAR that requires the manifests to be available or kept on file for three years?
Thanks for your help!
George
(jeorge P. Partrirfae Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP2089
-tte
PartridQe, George (EEC)

Weems, George (EEC)
RE: RE: KAR
Sent:
To:
Subject:

George
__________________________________

Sent: Thursday, March 03, 2016 2:14 PM

Subject: RE: RE: KAR
Let me check the permit.


Subject: RE: KAR
-orge;
George
(jeorge P. Partrilf{Je Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
..
1
GP2090
GP2091
.,_,
Sent:
To:
Subject:
Weems, George (EEC)

RE: RE: KAR
---

Subject: RE: KAR
--------
George;
George
(ieor9e P. PartrUfae Jr.

Depa~!'"~nt. fo.r En.vironme. ntal .Protection
D1v1s1on of Waste Management

Frankfort, KY 40601
(502) 564-6716 ext. 4651
I
I
.
!
-
GP2092
To:
Subject:

RCRA Question & Fairmont Brine Disposal
Curt and George,

I will be sending the message below by email to Nancy Perez, USEPA. I wanted to get your availability for what I assume
will be a conference call first.
Jeri
Hi Nancy,
We would indeed be interested in a meeting, conference call, or other arrangement between Kentucky and West
Virginia. I know Dr. Curt Pendergrass (Kentucky) has been making arrangements to travel to Fairmont Brine Processing
with Jason Frame (West Virginia), and this may happen as early as tomorrow. I think it would _be a helpful follow up for
all three regulatory entities (KY, WV, and USEPA) to talk among themselves sometime next week or at everyone's
earliest convenience. I am available. at any time next week.
We appreciate your efforts,
Jeri

- - To: Higginbotham, Jeri.(EEC)
~ject: F\ftj: RCRA Quest\on & Fairmont'Brine Disposal

Jeri;
Thank you,
George

Sent_: Wednesday, March 02, 2016 1:07 PM
To: Partridge,-George (EEC)
Subject:_RE: RCRAQuestion & Fairmont Brine Disposal
George,
When you have a chance, give me a call. I spoke to my R2 contact, Carol Amend; and she said that she would coordinate
a meeting between ya'll and the State of West Virginia. West Virginia may be able to shed some light on the Fairmont
~cy McKee Perez

1
GP2093
------~--

(404) 562-86.74
Hello Nancy;
Waste Profile Sheet and Approval Review Form from Advanced Disposal for the waste. shipments they received
"
Thanks again for reviewing these documents and helping us understand how EPA regulates wastes from compani~s such
Sincerely,
George
(jeor9e P. PartrUfge Jr.

200 Fair Oaks Lane; 2nd Fioor (SWB)
Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP2094
...
I ..
GP2095

Subject:
It is a conference call with WV Hazardous Waste folks .. Curt, are you interested? George, should
us?
we ask Maridelyto join

Subject: RCRA Question & Fairmont Brine Disposal
Curt and George,
I will be sending the message below by email to Nancy Perez, USE PA. I wanted to get your availability for what I assume
Jeri
Hi Nancy,
with Jason Frame '(West Virginia), and this may happen as early astomorrow. I think it would be a helpful follow up for
~three reg.ula.tory entities(KY, W
.. V, and USEPA) totalk .among themselves sometime next week or at everyone's
~liest conve.nience. I am available at any time next week.
.

Jeri
Subject: FW: RCRA Question & Fairmont Brine Disposal
Jeri;
Thank you,
George.

~-~artridge, George (EEC)
~ect:
George,
1
GP2096
When you have a chance, give me a call. I spoke to my R2 contact, Carol Amend, and she said that she would coordinate
.
I
Nancy McKee Perez

8 6~:~cv@epa.Qov
I ~~-~ ~~~r~e~: z
I
-~-~-~- _-~-~---- ___ -~----~-~-~~ ___ ---~~~~~---~- _: ___ ___ -~~-~--- ________ -~-----~~

Hello Nancy;
Waste Profile Sheet and Approval Review Form from Advanced Disposal for the waste shiprnents they received
from Fairmont Brine Processing. Also attached is the "Detailed_ Customer Activity Report" provided by the
landfill manager that_ confirms receipt of 47 shipments between July 2,4, 2015 and November 16, 2015. The . , , .
Blue Ridge Landfill in Irvine, Kentucky that received this waste is managed by Advanced Disposat
6/A
Sincerely,
George
<;eorne P. Partridjje Jr.

2
GP2097

~ankfort, KY 40601
' r02) 564-6716 ext. 4651
..
GP2098
#m:
Sent:
To:
Subject:
Attachments:
Weems, George (EEC)

RE: RE: KAR
401 KAR 47_190..pdf
401KAR47.190 Section 8(b)

Section 8(c) describes the records to be kept for 3 years.
Sent: Thursday, l\r'larch 03, 2016 2: 15 PM

George

To: Partridge, George (El:C)
-bject: RE: RE: KAR

Subject: RE: KAR
George;
George
<;ieor9e P. Partritfae Jr.

Frankfort, KY 40601
) 564-6716 ext. 4651
GP2099
~~------------
---
GP2100
f#om:

Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Partridge, George (EEC); Weems, George
(EEC); Nielsen, Jamie {EEC); Aldridge, Tabitha (EEC); Litchfield, Arline (EEC); Green, Robin
. C (EEC); Green, Lawrie (EEC)
FW: Fracking Waste
Sent:
To:
Subject:
Jim answered in the negative, as I recall.

This is a good article, nevertheless.
Sent: Tuesday, November 25, 20141:35 PM

To: Gallagher, James (EEC)
Subject: FW:
Do you know if any regs
~r~o~the way in your agency re: TENORM a1J<:lfracking wastes?
Radioactive
waste B.ooms With Frackinga$ N~~ .
ule_ s Mull~d _,_. _.

.
.
.
..
......... .
'
By Alex NussbaumA.prJ6,20i4 iO:Ol AM ET
eographer: Matthew Staver/Bloomberg

North Dakota wells may produce 27 tons a day of filter socks alone, Scott Ra dig, director of the North Dakota Health
Department's Division of Waste Management said, citing a private hauler's estimate.
1
GP2101
While most material is handled properly, it's "clearly not enough. There is definitely some illegal dumping going on."
Oilfields are spinning off thousands of tons of low-level radioactive trash as the U.S. drilling boom leads to a surge in
illegal dumping and states debate how much landfills can safely take.
State regulators are caught between environmental and public health groups demanding more regulation and the
industry, which says it's already taking proper precautions. As scientists debate the impact of small amounts of radiation
on cancer risks, the U.S. Environmental Protection Agency says there's not enough evidence to say what level is safe.
Left to police the waste, state governments are increasing their scrutiny of well operators. Pennsylvania and West
Virginia are revising limits for acceptable radiation levels and strengthening disposal rules. North Dak<:>ta's doing the
same, after finding piles of garbage bags filled with radioactive debris in an abandoned building this year.
"We have many more wells, producing at an accelerating rate, and for each of them there's a higher volume of
waste," said Avner Vengosh, a professor of geochemistry at Duke University in Durham, North Carolina, who) studied
the issue. Without proper handling, "we are actually building up a legacy of radioactivity in hundreds of point$;~here
people have had leaks or spills around the country."
Source: North Dakota Dept of Health via Bloomberg

On Feb. 28, North Dakota officials found hundreds of irradiated "filter socks" -- used to strain wastewater from wells -dumped in an abandoned building in Noonan, just south of the Canadian border. The filters registered about 40
micro rems of radiation: about eight times the naturally occurring "background level" in the area, the state said.
The waste is a byproduct of the drilling renaissance that has brought U.S. oil and natural gas production to its highest
levels in three decades -- while also unlocking naturally occurring radium from rock formations far underground.
Lengthening List
It's the latest environmental challenge for an industry that's pushed the U.S closer to energy independence while facin~.
questions about the effects on water supplies and air pollution-- and even a surge in earthquakes.
~
GP2102
"There's all kinds of regulations about how to deal with waste and how to transport waste and we follow them all," said
Andrew Paterson, a vice president at the Marcellus Shale Coalition, a trade group that represents companies active in
~nnsylvania d_rilling including Range Resources (RRC) Corp. and Noble Energy Inc. (NBL) "It's very safe and the levels
we're talking about are really low-level."
rat
Questions to Fort Worth, Texas-based Range, a pioneer of Marcellus drilling, were referred to the Shale Coalition. A call
to Noble, based in Houston, wasn't returned.
Studies have found higher radiation levels at oil wellssince fhe 1970s; said Vengosh. What's new is the volume of
material being produced. '~It's just become much more abundant right now with the .intensity" of drilling, he said.
Radium Contamination
The issue is shale rock, the dense formations found to hold immense reserves ofgas and oil. Shale often contains higher
levels of radium -- a chemical element used in industrial X-ray diagnostics and cancer treatments -- than traditional oil
fields, Vengosh said.
Freeing gas and oil is a water-intensive process called hydraulic fracturing, or fracking, in which drill bits cut thousands of
feet through shale fields to make way for high-pressure water streams that pulverize the rock. The process displaces
radium-tinged subterranean water that comes up through the wells, where it can taint soil and surface equipment.
Radiation levels can build up in sludges at the bottom of tanks, pipeline scale,and other material that comes in extended
contact with wastewater.
i
Buried Waste
Some states allow the contaminated material to be buried at the drill site. Some is hauled away, with varying
requirements for tracking the waste. Some ends up in roadside ditches, garbage dumpsters or is taken to landfills in
violation of local rules, said Scott Radig, director of the North Dakota Health Department's Division of Waste
-nagement.
,.
In that state's Bakken oilfields, "it's a wink~and-a-nod situation," said Darrell Dorgan, a spokesman for the North Dakota
Energy Industry Waste Coalition, a group lobbying for stricter rules. "There's hundreds of thousands of square miles in
northwestern North Dakota and a lot of it is isolated. Nobody's looking at where all of it is going."
That's one of the problems the state is trying to fix with rules announced last week requiring well operators to install
leak-proof containers for temporary storage onsite and to use licensed waste haulers and landfills. North Dakota, the
biggest oil-producing state after Texas, has commissioned a study of radiation risks that may spur further changes, Radig
said.
In the meantime, North Dakota landfills have installed radiation detectors to try to catch loads exceeding the state's
current limits. Anything higher must be trucked hundreds of miles to dumps in neighboring states that have less
restrictive limits.
Radioactive Socks
On Feb. 28, North Dakota officials found hundreds of radioactive "filter socks" -- used to strain wastewater from wells -dumped in an abandoned building in Noonan, just south of the Canadian border. The filters registered about 40
microrems an hour of radiation, about five times the naturally occurring "background level" in the area, Radig said.
That's below the 1,500 microrems delivered from a typicaldental x~ray. Still, it could be a danger if people got close
enough to inhale or ingest radioactive dust, Radig said. Radiation levels also can increase if material accumulates in the
-onment.
GP2103
"Just mention the word 'radioactive' and it scares a lot of people," Radig said. ''They're angry about what's going on."
His agency has received more than a dozen reports this year of oilfield debris rejected by landfills because of radiation
concerns.
Illegal Dumping
North Dakota wells may produce 27 tons a day of filter socks alone, Radig said, citing a private hauler's estimate. While
most material is handled properly, it's "clearly not enough. There is definitely some illegal dumping going on."
'
The state hired a contractor last week to remove the Noonan filter socks. The operation will cost about $13,000 and use
- --~ . =mon6'yJr:o.m-at:1~ir:idustcy.,.,backedJundio~lean~p,.ahandnneclailaru:tgas~Jls,.aa;Dn:lingJ.Q~i3ltb Cle.Rartment .
statement.
Oil and gas companies have been dealing with radioactive waste for decades, said Kari Cutting, vice president of the
North Dakota Petroleum Council, an industry trade group in Bisrnarck. ''The majority of companies that have been active
in other shale plays know how to deal with it," she said. "We do not condone illegal dumping or improper management
in any form."
Landfill Restrictions
In West Virginia, on the edge of the gas-rich Marcellus formation, lawmakers voted last month to require landfills to
I
install radiation monitors and to build separate, lined cells designed to contain drilling debris. The law, signed by
Governor Earl Ray Tomblin March 31, also expanded the amount of oil and gas waste landfills can accept.
With proper precautions, landfills are the safest place for the debris, said Thomas Aluise, a spokesman for the state
Department of Environmental Protection. "A lot of operators were just burying them onsite, unchecked, all over the
state'\ he said.
While it's unclear ho. w much drilling waste is produced nationally, state totals are rising. West Virginia. landfills accepted .
721,000 tons of drilling debris in 2013, a figure that doesn't include loads rejected because they topped radiation limits.
The per-month tonnage more than tripled from July 2012, when records were first kept, through last December.
In Pennsylvania, epicenter of the Marcellus boom, the oil and gas industry sent 1.3 million tons to landfills last year; That
included 16,000 tons of radioactive material, according to Lisa Kasianowitz, a spokeswoman for that state's Department
of Environmental Protection.
R;:idiation Study
Pennsylvania allows producers to bury some waste onsite in lined pits. It's drafting rules to discourage that as a
permanent option, Kasianowitz said in a telephone interview. Further changes could come after Pennsylvania completes
a studyof radiation risks that's looking at everything from worker safety at the wellhead to allowable levels in landfills.
Results are due later this year, she said.
Texas last revised its rules on radioactive material in 2003 and currently has no plans to change them, said Ramona Nye,
a spokeswoman for the state's Railroad Commission, which oversees drilling. T.he state allow~ the waste to be taken to a
landfill, buried onsite or mixed into the soil near a well as long as it's treated to reduce radiation below setlevels.
The rules are "more than adequate" to handle oil and gas waste safely, Nye said in an e-mail.
To contact the reporter on this story: Alex Nussbaum in New York at anussbauml@bloomberg.net
To contact the editors responsible for this story: Susan Warren at susanwarren@bloomberg.netTina Davis, Steven Frank
GP2104
._,

Weems, George (EEC)
RE: RE: KAR
Sent:
To:
Subject:
George;
Thank you!
George

401KAR47.190 Section 8(b)

Sent: Thursday, March 03, 2016 2: 15 PM
To : Weem. s, G.eorge (EEC)
. . . .1
bject: RE: RE: KAR
AiU.

George

From: Partridge, George (EEC) .

Subject: RE: KAR
George;
- k s for your help!
George
1
GP2105
{ieor9e P. Part:ridfJe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
'
GP2106
#m:
Sent:
To:
Subject:

Maridely is the representative for the HWB on TENORM. Yes, I feel we should extend an invitation to her.
Thank you,
George


It is a conference call with WV Hazardous Waste folks. Curt, are you interested? George, should we ask Maridely to join
us?

.:~ Partridge; George (EEC); Pendergrass, Curt .(CHFS DPH)
..,,,,.,,,J>Ject: RCRA Question & Fairmont Brine Disposal
Curt and George,

I will be sending the message below by email to Nancy Perez, USEPA. I wanted to get your availability for what I assume
Jeri
Hi Nancy,
with Jason Frame (West Virginia), and this may happen as early as tomorrow. I think it would be a helpful follow up for
all three regulatory entities (KV, WV, 'and USEPA) to talk among themselves sometime next week or at everyone's
earliest convenience. I am available at any time next week.
Jeri


Jeri;
. - d we make this call together?
1
GP2107
Thank you,
George
'

When you have a chance, give me a call. I spoke to my R2 contact, Carol Amend, and she said that she would coordinate
Nancy McKee Perez

(404) 562-8674
Hello Nancy;
Thanks again for reviewing these documents and helping us understand how EPA regulates wastes from companies suc"1
2
GP2108
,_an ks again for your assistance!

Sincerely,
George
lgeorge P. Partri<fne Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP2109
I
I
~~~=-
-~.~~-~-.~~~-~~~~=--~~----~-~-~--
-------~~~~--~
--- -
-~--~~
-- -
GP2110
Partridfle, George (EEC)
#m:
To:
Weems, George (EEC)

Subject:
RE; RE: KAR
Sent:
George, you're way too appreciative ...


George;
Thank you!
George


'
KAR 47.190 Section 8(b)



George


From:. Partridge, George (EEC)

t: Thursday, March 03, 2016 2:05 PM
Weems, George (EEC)
Subject: RE: KAR
George;
1
GP2111

George
<jeur9e P. Partritfne Jr.

~-~IQ'~ivisiOtl~of~Waste.,MaoagemeDt--~~~~- ~~ ~~~~-~-~~~---~-~-~~--~---~-~-c~~ ~-~-~-~-
__--=- c____________ ~~-~

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP2112
#-:
Sent:
To:
Subject:

Maybriar, Jon (EEC)
Accepted: Blue Ridge Landfill
Jon;
I know so much is going on right now and how extremely busy you are.
Just wanted to say thank you again for all you are doing.
George
GP2113

Friday, March 04, 2016 7:25 AM
'Chlebowy, William'
Anderson, DannyJ (EEC); Pendergrass, Curt (CHFS DPH)
RE: Radiation Detectors
To:
Cc:
Subject:
Hello Bill;
I look forward to reviewing the material you shared. with us on radiation detectors. I will follow up with you next week.
I would like very much to visit the Sycamore Landfill arfd see the Radcom RCW34 detector.
It is pleasure to know you and the others associated with Republic. I appreciate all that Republic does for the waste
management industry and the services you provide.
'
'
I appreciate all you are doing and how supportive you have been as we seek to better understand the waste
management aspects of TENO RM.
I look forward to us keeping in touch and wil.1 get back with you next week regarding radiation detectors.
Thanks again for all you are doing to support this important work!
- e a nice day!
George
{ieorge P. PartridfJe Jr., Pfi'D, P.'E., Q.'EP

Frankf()rt, KY 40601
(502) 564-6716 ext. 4651
From: Chlebowy, William [mailto:WChlebowy@republicservices.com]

To: Pendergrass, Curt (CHFS DPH); Partridge, George (EEC); Anderson, Danny J (EEC)
.ect:
Radiation Detectors
. H i all:
GP2114
--------------
-~
Republic intends to install more sophisticated radiation detection systems at its Kentucky landfills that
are better suited to detect NORM and TENORM than the systems currently in place. Attached is
literature and a picture of a Radcomm RCW34 unit installed last year at the Sycamore Landfill in
Hurricane, WV that we are considering to install at our Kentucky landfills.
A..
In 2014, West Virginia enacted regulations to control disposal of E&P drilling waste which included
provisions for radiation detection. As a result, Republic installed the Radcomm RCW34 detector at the
Sycamore Landfill, a small (200 ton per day) facility that only takes MSW; E&P waste is riot accepted.
Before proceeding, can you provide comments on this unit and, more importantly, inform us whether
or not any pending legislation to address NORM and TENORM would render the Radcomm RCW34
detector rion-compliant (We do not want to be proactive and install this type of unit then find out it
doesn't meet the regulations.)
Let us know your availability if you would like to schedule a visit to the Sycamore Landfill a.Q.d check
out the Radcomm RCW34 detector. Feel free to contact us with any questions or comments or if you
need additional information.
Thank yori.
William L. (Bill) Chlebowy, P.E.
Environmental Manager
Heartland Area
2157Highway151
Frankfort, KY 40601
e WChlebowy@republicservices.com
0 502-209-3816 c 502-403-8908
w www .republicservices.com
t/_'pR.,..,,.,_.C
Ir\\
SERVICES
We'll handle it from here."'
GP2115
'
~j
flam:
Sent:
To:
Subject:

Maybriar, Jon (EEC)
Accepted: Blue Ridge Landfill
GP2116
Ballard, Alexandra (EEC)

Blue Ridge Landfill
Jon has a Director's meeting this morning and needs to move this meeting back to 11 :00.
Alexandra L Ballard
DIVISION OF WPSTE MANAGEMENT
200 FAIR OAKS LANE, 2ND FLOOR
FRANKFORT, KY 4060 l
502-564-6716, X4629
FAX 502-564-4049
ALEXANDRA.BALLARD@KY .GOV
NOTICE OF CONFIDENTIALITY: This e-mail including any attachments, is intended only for the use of the individual or entity to whicf) it is addressed
and may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If the reader of this message Is
not the intended recipient you are notified that any review, use, disclosure, distribution or copying of this communication is strictly prohibited. If you
have received this communication In error, please contact the sender by reply e-mail and destrc;>y all copies of the original message.
..
GP2117
'#m:
Sent:
To:
Cc:
Subject:

Briggs, Lindsey (EEC); Maybriar, Jon (EEC)
FW: Radiation Detectors
George:
Please review in the context of our solid and special waste regulations. Specifically, the following regulations, but there
may be more I am missing:
1. 401KAR 47:190 Section 8
2. 401 KAR 48:070 Section 9 and 12
3. 401 KAR 48:090 Sections 2, 8, 10, 11
Please let Curt or others in the RHB branch comment on the specifications of the instrument, its adequacy, etc. for
detecting LLRW in shipments.
Basically, a joint response is what I am asking for here George.
Thanks,
Danny
Sent: Friday, March 04, 2016 7:25 AM.

To: Chlebowy, William .
Cc: And~rson, Danny J (EEC); Pendergrass, Curt (CHFS DPH)
Subject: RE: Radiation Detectors
Hello Bill;
1lool< forward to reviewing the material you shared with us on radiation detectors: I will follow up with yo~ next week.
I would like very much to visit the Sycamore Landfill and see the Radcom RCW34 detector.
It is pleasure to know you and the others associated with Republic. I appreciate all that Republic dOes for the waste
management aspects of TENORM .
k forward to us keeping in touch and will get back with you next week regarding radiation detectors.
1
GP2118
Have a nice day!

George
<geor9e P. Partritfae Jr., Pfi'IJ, P.~.,

e:EP
-
------~-- . =Eraokfar1,..KY__~Hl6~Q1__" ___ ,~~="--~~-------~---==-----~--~~---~~- -----~-- -~--~-~~~--~------------~~-~~----~~-~--(502)
564~6716
ext. 4651
- - - --
From: Chlebowy, )#Villiam [mailto:WChlebowy@repubUcservices.com]
Sent: Thursday, March 03, 2016 12:57 PM To: Pendergrass, Curt (CHFS DPH); Partridge, George (EEC); Anderson, Danny J (EEC)
Subject: Radiation Detectors
-
Hi all:
In 2014, West Virginia enacted regulations to control disposal of E&P dfilling waste which included
Sycamore Landfill, a small (200 ton per day) facility that only takes MSW; E&P waste is not accepted.
detector non-compliant.(We do not want to be proactive and install this type of unit then find out it
Let us know your ayailability if you would like to schedule a visit to the Sycamore Landfill and check
Thank you.
William L. {Bill) Chlebowy, P.E.

2
GP2119
Heartland Area
,,.57 Highway 151

Frankfort, KY 40601
0 502-209-3816 c 502-403-8908
w www.republicservices.com
.1-~
.~
UB. IC
~V RPi.
SERVICl:S
81/l..
. .
W~'ll
L.
handle it from here."'
GP2120
To:
Cc:
Subject:

Friday, March 04, 2016 12:50 PM
Maybriar, Jon (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Webb, April (EEC);
Hughes, Larry (EEC); Martin, Jerri (EEC); Jump, John (EEC)
Partridge, George (EEC); Loyselle, Maridely (EEC)
RCRA conference call
All,
George Partridge and I have been communicating with Nancy Perez, USEPA Region 4 RCRA specialist,
concerning whether or not Fairmont Brine Processing is subject to RCRA law. She contacted another USEPA
RCRA specialist in WV's region, Carol Amend, to set up a conference call with WV Hazardous Waste
people. The conference call was going to be scheduled for some time next week. Maridely Loyselle, George
Partridge, and I were going to be on the phone from Kentucky. Others on the call will be WV regulators and
USEPA.
Should we proceed with scheduling this conference call for next week?
Jeri
:vision of Waste Management
200 Fair Oaks Lane

Frankfort. KY 4060 I
502-564-6716
GP2121
-rom:
Sent:
To:
Cc:
Subject:

George:
Please review in the context of our solid and special waste regulations. Specifically, the following regulations, but there
may be more I arn missing:
1. 401KAR 47:190 Section 8

2. 401 KAR 48:070 Section 9 and 12
3. 401 KAR48:090 Sections i, 8, 10, 11
Please let Curt or others in the RHB branch comment on the specifications of the instrument, its adequacy, etc. for
detecting LLRW in shipments.
Basically, a joint response is what I am asking for here George.
Thanks,
Danny
Sent: Fri~ay, March 04, 2016 7:25 AM

To: Chleb6wy, William
Cc: AndeirSOn, Danny J (EEC); Pendergrass, Curt (CHFS DPH)
Subject: RE: Radiatlqn Detectors
Hello Bill;
I look forward to reviewing the material you shared with us on radiation detectors.. I will follow up witnvou next week.
It is pleasure to know you and the others associated with Republic. I appreciate all that ~epublic does for the waste
management industry and theservites you provide.
management aspects ofTENORM .
k forward to us keeping in touch and will get back with you next week regarding radiation detectors.
1
GP2122
Ha,ve a nice day!

George
<george P. Partritfee Jr., Pfi'D, P.'E., Q'EP

~----~-----i;'.t:al'.lktoli,~l!Y,-~lOBOj~~---~-- ~-~~~~-=----~-~----~~~--"-----~----------~-~~-=--~~~ --~(502) 564~6716 ext. 4651
_ _ -~---~--~~-~----~---~~~~-~-~~~~--~~
From: Chlebowy, William [mailto:WChlebowy@republicservices.com]Sent: Thursday, March 03, 2016 12:57 PM
-To: Pendergrass, Curt (CHFS DPH); Partridge, George (EEC); Anderson, Danny J (EEC)
Hi all:
Republic intends to installmore sophisticated radiation detection systems at its Kentucky landfills t h a t .
literature and a picture of a Radcomril RCW34 unit installed last year at the Sycamore Landfill in
provisions for radiation detection. As a result, Republic installeq the Radco~ RCW34 detector at the
Sycamore Landfill, a small (200 ton per day) facility that only takes MSW; E&P wast~is not accepted.
Before proceeding, can you provide comments on this unit and, more importantly,_inform us whether
detector non-compliant. (We do not want to be proactive-and install this type of unit then find out it doesn't meet the regulations.)
Let us know your availability if y~u would like to schedule a visit to the Sycamore LandfiJl and _check
out the Radcomm RCW34 detector. Feel free to contact us with any questions or comments Qr if you
Thank you.

2
GP2123
Heartland Area
"-157Highway151
Frankfort, KY 40601
0 502-209-3816 c 502-403-8908
JlTJ
1J-.\\ .REPUBLIC
SERVICES
GP2124
Cc:
Subject:

Maybriar, Jon(EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Webb, April (EEC);
Hughes, Larry (EEC); Martin, Jerri (EEC); Jump, John (EEC)
Partridge, George (EEC); Loyselle, Maridely (EEC)
RCRA conference call
All,
concerning whether or not Fainnont Brine Processing is subject to RCRA law. She contacted. another US EPA
RCRA specialist in WV's region, Carol Amend, to set up a conference call with WV Hazardous Waste
USEPA.
Jeri
r ~vision of Waste Management
1
.
ZOO Fair Oaks Lane

Frankfort, KY 40601
502-564-6716
GP2125

To:
Cc:
Subject:
Danny;
I was corresponding with Bill before the meeting with you and Jon today.
How would you like for me to proceed from here?
George
-~---
...
--
William l. (Bill) Chlt:lbowy, P.E.

Heartland Area
2157 Highway 151

Frankfort, KY 40601
e WChlebowy@repubHcservices.com
0
502-209-3816 c 502-403-8908
w www.repubHcservices.com
8
s.. .
~1
.
P
.
.
.
uic
1111i.
.. . SEllVICES .
: Partridge, George (EEC) [mailto:George.Partridge@ky.gov]

To: Chlebowy, William
~nt:
GP2126
Hi Bill;
The week of March 21 is excellent for me.

Please select a time and date and I will be available.
Thank you!

Serit: Friday, March 04, 2016 8:47 AM
Hi George:
I am out on vacation most of the Mar 14 week. Right now, I am open the entire week of Mar 2 h l will
be out of the office most of the week of Mar 28. Let me know what works best for you.
Thanks.

Heartland Area
2157 Highway 151

Frankfort, KY 40601
0
502-209-3816 c 502-403-8908
w www.republicservices.i::om
. . ....
. .' . . RIJPU8LIC
~
SERVICES
We'll handle it from here~"'
----- ---
From: Partridge, George (EEC) [mailto:Georqe.Partridqe@ky.gov]
Sent: Friday, March 04, 2016 7:25 AM


Cc: Ander5on, Danny J (EEC); Pendergrass, Curt (CHF$ DPH)
Hello Bill;
GP2127
I look forward to reviewing the material you shared with us on radiation detectors. I will follow up with you next week.
-would like very much to visit the Sycamore Landfill and see the Radcom RCW34 detector.
It is pleasure to know you and the otl)ers associated with Republic. I appreciate all that Republic does for the waste
I appreeiate all you are doing and how supportive you have been as we seek to better understand the waste
management aspects C>fTENORM.
I look forward to us keeping i.n touch and will get back with you next week regarding radiation detectors.
Have a nice day!
George
<ge_or9e P. PartridfJe Jr., Pfi'D,
P.~.,
Q'EP
Department f()r Environmental Protection

Frankfort, KY 40601
(502) 564'.'6716 ext. 4651
From: Chlebowy, William [mailto:WChleboWy@republicservices.com]

Sent: Thursday, March 03, 20i6 12:57 PM
To: Pendergrass, Cutt (CHFS DPH); Partridge, George (EEC); Anderson, Danny J (EEC)
Hi all:
. flj_amore Landfill, a SJllll]l (200 ton per day) facility that only takes MSW; E&P waste is not aq;epted.
GP2128
detector non-compliant. (We do not want to be proactive and install this type of unit then find out it
Let us know your availability if you would like to schedule a visit to the Sycamore Landfill and check
out the Radcotnm RCW34 detector. Feel free to.contact us with any questions or comments.or if yc)u
Thank you.
William L (Bill) Chlebowy, P.E.

Heartland Area
2157 Highway 151
Frankfort, KY 40601
0 502-209-3816 c 502-403-8908
/l,.. . lf&PllB
. LIO
SERVICES
\!5:f.
.
'
GP2129
-rom:

RE: Radiation Detectors
Sent:
To:
Cc:
Subject:
George:
I'm sorry, but no outof state travel is authorized. As far as visiting Green Valley, that's fine, but please do not offer any
cornrnent as to the effectiveness of the instrument. This couJd b.e construed as a permit review (and Approval) without
an actual application submittal to us. If Green Valley wants to modifY their waste inspection procedures, they are free to
do so as a permit modification submitted to us on the appropriate forrn, with the appropriate supporting ciocumentation
and with the appropriate fee and signatures. We would most likely get CHFS input. during our review as
Well if it involves
..
radiation detection equipment
'
'
See me if you would like to discuss further.

Thanks, George.
Danny
From: Partridge,George (EEC)

Sent: Friday., M.arch 04, 20.16 1:48 PM
: Anderson, Danny J (EEC)
: Briggs, Lindsey (EEC)
Subject: FW: Radiation Detectors
Danny;
I was corresponding With Bill before the meeting with you and Jon today.
How would you like for me to proceed from here?
George
From: Chlebowy, William [mailto:WChlebowy@republiC:services.com]
Sent: Friday, March 04~ 2016 1:21 PM

Hi George:
How does Tues, Mar 22 at 1:00 look?
.Aiam L. (Bill) Chlebowy, P.E.
~ironmental Manager
Heartland Area
GP2130
2157Highway151
Fnmkfort, KY 40601
0 502-209-3816 c 502-403-8908
,R..,..
~~c-~wenhandte itfrom here:"
____,~~~~~~~~~~-~~~~~~~~~~~-,-~~--~~-:--:-~~~

Hi Bill;
The.week of March 21 is excellent for me.
Please select a time and date and I will be available.

Thank you!
George
From: Chlebowy,William[mailto:WChlebowy@repoblicservices~com]

Subject: RE; Radiation Detectors
Hi George:
I am out oil vacation most of the M'1f 14 week. Right now, I am open the entire week of Mar 21. I will.
you.
'
be out of the office most of the week of Mar 28. Let me kllow what works best
for
Thallks.
William L. (llill) Chlebowy, P.E.

Heartland Area
2157 Highway 151

Frankfort, KY 40601
o so2~209-3B16 c 502-403-8908
2
GP2131
We'l.1 handle it from here.Ti;
Fro.m: Partridge, George (EEC) [mailto:George.Partridge@ky.gov]

Cc:: Anderson, Danny J (EEC); Pendergrass, Curt (CHFS DPH)
H~llo Bill;
I look forward to reviewing the material you shared with us on radiation detectors. I will follow up with you next week.
It is pleasure to know you and the others associated with Republic. I appreciate all that Republic does for the waste
managerrient industry and the services you provide.
'ppreciate all you are doing and how supportive you have been as we seek to better understand the waste
management aspects of TENORM.
I look forward to us keeping in touch and will get back with you next week regarding radiation detectors.
Have a nice day!
George
<geor9e P~ PartrfdBe Jr., Pli1J, P.'E., Q:EP

200 Fair Oa,ks Lane; 2nd Floor (SWB)
Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP2132

To: Pendergrass, Curt (CHFS DPH); Partridge, George (EEC); Anderson, Danny J (EEC)
'
Hi all:
Republic intends to install more sophisticated radiation detection systems at its Kentuclfy lan4fills_~a,t
are better suited to detect NORM and TENORM than the systems currently in place. Attachetlis
I ~----nteramreanaapfcmre-ora~Raucomm ltC'.W37*--um.t instatled"tam year m1lre-Sycanmre-tan-dfitlin= -~--~,.~
provisions for radiation detection. As a result, Republic installed the Radcomm RC)V34 detecfor at the
Sycamore Landfill, a small (200ton per day) facility that only takes MSW; E&P waste is not accepted.
Before proceeding, can you provide comments on this unit and, more importantly, inform us whether.
detector non-compliant. (We do not want to be proactive and install this type of unit then find out it
Let us know your availability if you would lil\e to schedule a visit to the Sycamore Landfill and check
Thank you.

Heartland Area
2157Highway151
Frankfort, KY 40601
0 502-209-3816. c 502-403-8908
R, . .
81. ~ RSP.U.Bl...IC
SEFIVICES
'1J-.v
We'll handle it from here:"
GP2133
To:
Cc:
Subject:
Atta.chments:

amend, carol
Higginbotham, Jeri (EEC); Partridge, George (EEC); Lamberth, Larry
Adv Disposal Profile Sheets & Approval Review Form.pdf; Fairmont Brine plan.pdf
Carol,
About two weeks ago, KYDEP requested that I offer them a regulatory interpretation (whether it could be a potential
HW) on a waste t.hat was received by a Subtitle D landfill located in Kentucky. The waste originated from the clean out of
an unknown process at a brine processing facility located in Fairmont, West Virginia, called Fairmont Brine
(http:ljfairmontbrine.com). The facility is claiming that the waste is exempt per the O&G exclusion, 40 C.F.R. 261.4(b)(S).
As such, no Waste profile was provided before the waste was disposed in the fandfill. KYDEP and I wanted to find out
.more information about the wast~ generation process before was agree that this waste is indeed exempt.
Fairmont Brine is a brine processing facility that specializes in processing "flowback and produced fluid" (brine) from oil
and gas exploration .. Based on information f.rom their website, they process the brine by filtering the material to remove
organics, TSS, turbidity, Ba, Sr, and O/G. After filtration, the material is allowed evaporation/crystallization, resulting in
salt and water, which they sell or give away. The material the landfill received was generated from the clean out of some
process at the West Virginia facility. KYDEP was provided with the facility's Sludge Disposal Plan from the West Virginia
Office of Environmental Health Services; so. we are assuming it was some sort of sludge that was in need of dewatering.
~ ~ren't sure w~~re the dewat~ring occurred, at t~e facility or at some point ~hile it wa.s in transi: (if it matters) .. The
,...-iltty used a fac1hty called Advanced TENO RM .services to transport the material from Fairmont Brme to the landfill.
'ff
from KVDEP called Fairmont Brine to get inf()rmation on their process and how the material was generated;
however, the facility wouldn't provide them any information. We were wondering if the State of West Virginia has any
knowledge about this facility and/or about the process that would generate this waste.
I've attached a couple of documents that were provided by KVDEP:

1) [)isposal Profile Sheets provided by the landfill located in Kentucky
2) Fairmont Brine's Sludge Disposal Plan
It would be great if we could get everyone on a call to discuss this. My contacts at KVDEP are Jeri Higginbotham and
George Partridge, cc'd~We are available to meet next week, either Tuesday 'afternoon (except from 2:00,... 3:00), March
8, or any time on Thursday (except from 9:30-10:30), March 10 (EST).
Thank you for your help!
Nancy McKee Perez

ee erez.nanc @e a. av
.) 562-8674
GP2134
From: Partridge, George (EEC) [mailto:George.Partridge@ky.gov}

Cc: Jeri.Higginbotham@kv.gov
Hello Nancy;
~--"~lcmtlfill~;n-~e'ntm:ky'from"Fcirrmont~Brine-Processingi~--~-~----~-- --~--.~..-- -----------~-~- -~---~~-.~~-

landfill manager that confirms receipt of 47 shipments between July 24, 2015 and Nove_mber 16, 2015. The
Web Site pages for Advanced TE!"!ORM Services advertising their capabilities/expertise in the management of
TENORM related wastes. Also attached are their records of Incorporation as an LLC here in Kentucky.
Than~s again f~r reviewin~ these documents and helping us understand how EPA regulates wastes from companies suchA

Sincerely,
George
()eorne P. Partridf:Je Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP2135
'
e (EEC)
To:
Subject:
Maybriar, Jon (EEC)

Higginbotham, Jeri (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Webb, April
(EEC); Hughes, Larry (EEC); Martin, Jerri (EEC); Jump, John {EEC}; Partridge, George {EEC);
Loyselle, Maridely (EEC); Hatton, Tony (EEC)
RE: RCRA conference call
Good afternoon,
I wanted to bring everyone up to speed on the RCRA portion of DWMs
investigation into TENORM generated outside of Kentucky and disposed of in
, Kentucky landfills. A request was recently sent to Advance TENORM Services
requiring information. Their responses will be reviewed by the Hazardous Waste
Branch to make a determination whether this material is subject to RCRA
regulation. The Hazardous Waste Branch will review the findings of this
investigation and decide a future course of action. At this time there will be no
need for Kentucky to participate in a call with US EPA or the State of West
Virginia.
c~cerely,
e
Sent: Friday, March 04, 2016 12:50 PM
To:.Maybriar, Jon (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Webb, April (EEC); Hughes, Larry (EEC);
Martin, Jerri (EEC); Jump, John (EEC)
Cc: Partridge, George (EEC); Loyselle, Maridely (EEC)

Subject: RCRA conference call
All,
concerning whether or not Fairmont Brine Processing is subject to RCRA law. She contacted another USEPA
RCRA specialist in WV' s region, Carol Amend, to set up a conference call with WV Hazardous Waste
USEPA.
. ,W. Higgmbolluun, Ph.D.

1
GP2136
Attachments:

Maybriar, Jon (EEC); Hatton, Tony (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC);
Weems, George (EEC)
RE: Notes and Observations Requested for February 27, 2016
Irvine KY - 022716.pdf
Tracking:
Recipient
To:
Cc:
Subject:
Delivery
Maybriar, Jon (EEC)
Hatton, Tony (EEC)
Weems, George (EEC)
FYI - Requested notes and field measurement taken in Irvine, KY on February 27,2016.
<george P. Partrirlge Jr.

0.. Fair Oaks Lane; 2nd Floor (SWB)
nkfort, KY 40601
2) 564-6716 ext. 4651
.,
1
GP2137
Irvine, KY - School Site Visits

High School and Middle School
Saturday, February 27
9;10 AM -1;58 PM.
Sample Number
F-1
F-2
F-3
F-.4
37
83.98611
37.73663; 83.98605
37.73684; 83;98617
37.73676; 83.98641
37,73669; 83.98665
37.73704; 83.98628
37,73770; 83.. 98629
37.73692; 83.98669
37.73679; 83.98706
F~S
<t=-6
Meter CPS
GPS Coorctinates
37~73673;
. F-7
F..:8
F-9
35~36
33-36
48
26
27
25-26
J8
22
Notes:
1. Counts in front ofschool building; 9 - 12 cps (5-8 with same meter used for measurements in
table.)
Counts increased .as one walked across grounds from front of building to hig~way running
parallel to school: 15- 23 cps (Different handheld meter than one used for table.)
3. Counts on grounds adjacent to entrance road leading from highway to front of building: (23-25
cps) (Different handheld meter than one used for table.)
4. Counts from highway to gate at landfill entrance increased: 22, 26 to 27, 37, 36; general trend
was an increase in counts from school to landfill entrance which could potentially be attributed
to particulate deposition on the surface of shale geology.
2.
with handheld
Attachment: Figure,
notes and photograpahs
taken in field at time of measurements
.
...
..
.
instruments.
'
3&-37---------------~-
Not drawn to scale, just for

illustrative purposes!
CPS23:24
CPS trom PartlcUlate Deposfton
CPS from Shale Geolo&v
School Building
Landfill Gate
GP2138
GP2139
I
GP2140
PhotographsfromSiteVisit on February 27'" 2016
GP2141
lfl'
GP2142
GP2143
I. .
GP2144
~m
Sent:
Subject:
Microsoft Outlook
Delivered: RE: Notes and Observations Requested for February 27, 2016
Your meS$i19e has been delivered to the following recipients:

Briggs, Lindsey (EEC) (Undsey.Briggs@ky.gov)
Subject: RE: Notes and Observations Requested for February 27, 2016
GP2145
~m:
To:
Sent:
Subject:
Microsoft Outlook
Maybriar, Jon (EEC)
Delivered: RE: Notes and Observations Requested for February 27, 2016 '.

Maybriar. Jon (EEC) (Jon.Maybriar@ky.gov)
..
1
GP2146
~m:
To:
Sent:.
Subject:
Microsoft Outlook
Delivered: RE: Notes and ObseNations Requested for February 27, 2016

..
1
GP2147
fl!am:
To:
Sent:
Subject:
Microsoft Outlook
Weems, George (EEC)

Weems,
George
{EEC)
{Georqe.Weems@ky.gov)
.
t
.
..
.
Subject: RE: Notes and
Obs~rvations
Requested for February 27, 2016
..
..
1
GP2148
flam:
To:
Sent:
Subject:
Microsoft Outlook
Hatton, Tony (EEC)

GP2149
'--=
To:
Sent:
Subject:
Microsoft Outlook
Your rne$sage has been delivered to the following recipients:

Bhattacharyya, Anjan (anjan.bhattacharyya@ky.gov)
GP2150
"--=
To:
Sent:
Subject:
Anderson, Danny J .(EEC)

Read: RE: Notes and ObseNations Requested for February 27, 2016
Your message
Subject: RE: Notes and ObseNations Requested for February 27, 2016
Sent: Friday, March 04, 2016 6:02:47 PM (UTC-05:00) Eastern Time (US & Canada)
was read on Friday, March 04, 2016 6:07:54 PM (UTC-05:00) Eastern Time (US & Canada) .
..
1
GP2151
e!-=
To:
Sent:
Subject:
Maybriar, Jon (EEC)

Read: RE: Notes and Observations Requested for February 27, 2016
Your message
(

Sent: Friday, March 04, 2016 6:02:47 PM (UTC-05:00). Eastern Time (US & Canada)
was read on Friday, March 04, 2016 9:26:52 PM (UTC-05:00) Eastern Time (US & Canada).
GP2152
To:
Cc:
Subject:
Attachments:

Saturday, March 05, 2016 1:18 PM
Fairmont Brine Processing - Manifests_Email 1 of 3
Quote_Sludge Disposal_Advanced TENOPRM Services_7-7-2015.pdf; Manifests_Sludge
Disposal_l of 3.pdf
Dr. Pendergrass,
Attached is the quote from Advanced TENORM Services as well as the first of three attachments, which contain the
manifests and tickets from Blue Ridge Landfill.
Email one of three.
Kind Regards,
Brian Kalt
President
. . .2-680-6244
GP2153
To:
Cc:
Subject:
Attachments:.

Saturday, March OS, 2016 1:19 PM
RE: Fairmont Brine Processing - Manifests_Email 2 of 3
Manifests_Sludge Disposal_2 of 3.pdf
Dr. Pendergrass,
Email two of three.
Kind Regards,
Brian.Kalt
President
Fairmont Brine Processing, LL<;
412:-680-6244
The .information contained in this e-mail is intended only for the individual or entity to whom it is addressed. Its contents (including
any atta. ch. m.e.nts) are confidential and may contain privileged i.nformation ..If you are .not an. intend..ed rec. ipient you rnust. not use,
From: Kalt, 13rian
Sent: Saturday, March OS, 2016 1:19 PM

To: curt.pendergrass@ky.gov
cc: 'Partridge, George (EEC)'
Subject: Fairmont Brine Processing - Manifests--Email 1 of 3
Dr. Pendergrass,
Attached is the quote from Advanced TENO RM Services as well as .the first of three attachments, which contain the
Email one .of three.
Kind Regards,
Brian Kalt
President
. . . . .montBrine Processing, LLC
9"2-680-6244
GP2154
L.
~
GP2155
Cc:
Subject:
Attachments:

Saturday, March OS, 2016 1:20 PM
RE: Fairmont Brine Processing - Manifests_Email 3 of 3
Manifests,..Sludge Disposal_3 of 3.pdf
Dr. Pendergrass,
Email three of three.
Kind Regards,
Brian Kalt
President.
412-680-6244
any attach. me.nts) are con'fidential an. d m. ay contain pr.ivilege.d information. If you are not an intended recipient yo. u mustn ot use,
close, disseminate; copy or print its contents. If you receive this e-mail in error, please notify the sender by reply e-mail and
lete and destroy the message.
.
From: Kalt, Brian

Sent: Saturday, March 05, 2016 1:20 PM
Cc: ;Partridge, George (EEC)'
Subject: RE: Fairmont Brine Processing - Manifests_Email 2 of 3
Dr. Pendergrass,
Email two of three.
Kind Regards,
Brian Kalt
President
412-680-6244
1
GP2156
From: Kalt, Brian Sent: Saturday, March OS, 2016 1:19 PM

Cc: 'Partridge, George (EEC)'
Subject: Fairmont Brine Processing - Manifests_Email 1 of 3
Dr. Pendergrass,
~ Attac-hecTiSft1eq~~ot;f~~~~~Adva~~ecirENORIVrserviCe~sasweTfa-stilefirst-of1firee ahacchme-ntS,\vhTcficontaTn- tlle---~~

Email one of three.
Kind Regards,
Brian Kalt
President
412~680-6244
The infqrmation contained in this e~mail is intended only for the individual or entity to whom it is addressed. Its contents (including
ariy attachments) are confidential and may contain privileged information. If you are not an intended recipient you must not use,
disclose, disseminate, copy or print its cont~nts. If you receive this _e-mai_I in error, please notify the sende_r by reply e-mail and
...
_.A
GP2157
e (EEC)
To:
Cc:
Subject:
Attachments:
George Partridge <gjpartridge@windstream.net>

Sunday, March 06, 2016 12:26 PM
Pendergrass, Curt (CHFS DPH); Hendricks, Todd (EEC)
Partridge, George {EEC); Delong, Deborah (EEC); 'George Partridge'
RE: Article from UT
UT - Quest - Cover Pagejpeg
Hello Curt and Todd;

Please find attached an article from one of my UT publications that I wanted to share with you. Because of the file size, I
will be sending you the pages of the articles separately. This will be my last email to you or anyone related to any of the
issues surrounding the investigation that is taking place regarding shipments of TENO RM into Kentucky and the Blue
Ridge Landfill or any references related to TENORM.
I was called into Jon Maybriar's, our Assistant Director's Office for the DWM on Friday morning, March 4 at 11:00
AM. Jon and Danny Anderson, our Solid Waste Branch Manager were present.
Jon shared that there are meetings taking place with attorneys frorn both the state and companies involved. Also Daniel
Cleveland has instructed him what he could share with me or others.
I have been instructed to stop all the investigative work I am doing which included working with EPA Region's 2 and 4
. who were h. elping u.s understand better the waste from a "brine processing facility" as well as obtaining records (waste
termination on materials generated by that facility, process information, etc.) related to Fairmont Brine
ocessing. Tt)ey were also helping us understand how other states are managing and regulating this type (TENORM) of
waste. Anything regarding EPA that I was involved with will b.e handled by April Webb from this point forward.
From this point on I am not to acknowledge any emails or phone calls I receive from anyone both with our own state
government as well as anyone contacting me from the outside such as EPA andthe state governments of Ohio and West
Virginia.
Jon specifically mentioned you Curt and the DPH. If I receive anything from the DPH I am not to reply or even
acknowledge I received the email message. I am to forward all phone call messages and emails as I received them to
Danny Anderson for him to handle appropriately.
I am one to at least say "thank you" when an email message is sent to me and I instructed to no longer do that.
I am also not going to say anything, mention anything, or acknowledge anything with my co-workers related to what is
going on.
In essence, I have been totally "silenced" on anything related to our landfills, TENORM, the 0 & G industry, or any of the
events leading up to what has occurred here in Kentucky regarding the receipt of out of state wastes that are potentially
radioactive.
When I return to work Monday, I will be going about my routine work in the Solid Waste Branch. I will be acting and
. . .ng about my daily work responsibilities as if I had no knowledge or interests in what has taken place unless I am
~tructed otherwise by Danny. I will not be talking or discussing anything associated with TENORM with anyone
Including those I work with in the Solid Waste Branch.
GP2158
I also feel my time is limited with the Solid Waste Branch and I will be relocated in the future.
I appreciate all that everyone has done, the support and encouragelllen.t I have recei.ved from others, and espeCially for&...
those that listened and took an interest in my concerns regarding the well -being and health of our operators at our
.....
landfills and the surrounding communities they serve.
I wish you all the best,
Sincerely,
George Partridge
GP2159
Cc:
Subject:
Attachments:

Partridge, George (EEC); Delong, Deborah (EEC); 'George Partridge'
RE: Article from UT
Article - Page 2Jpeg
Page 2 of Article
GP2160
---
---~
------
9t~=
To:
Cc:
Subject:
Attachments:
George Partridge < gjpartridge@windstream.net>

RE: Article from UT
Article - Page 4jpeg
Page 4 of article
'
GP2161
.m:
Sent:
To:
Cc:
Subject:
Attachments:

Pendergrass; Curt (CHFS DPH); Hendricks, Todd (EEC)
RE: Article from UT
Article - Page 3jpeg
Page 3 of Article
GP2162
tit~=
To:
Cc:
Subject:
Attachments:
George Partridge <gjpartridge@windstream.net> .

RE: Article from UT
Article - Page ljpeg
Page 1 of article.
GP2163
'Partridge, George (EEC)
~m:
~nt:

Partridge, George (EEC); Delong, Deborah (EEC)
RE: RE: Article from UT
To:
Cc:
Subject:
Just wanted to be _sure you all received my email message if the article did not go through because of its size and being
an attachment.
Thank you,
George
From: George Partridge [mailto:gjpartridge@windstream.net]

Sen~: Sunday, March 06, 2016 11:57 AM
To: 'Curt.Pendergrass@ky.gov' <Curt.Pendergrass@ky.gov>; 'todd.hendricks@ky.gov' <todd.hendricks@ky.gov>.

Cc: 'george.partridge@ky.gov' <george.partridge@ky.gov>; 'Deborah.Delong@ky.gov' <Deborah.Delong@ky.gov>;
'George Partridge' <gjpartridge@windstream.net>
Subject: RE: Article from uT
-Please find attach. ed an a.rt
.. icle fr.om o_ne of my UT publications that I wanted to. shar.e w_. ith you. This will be my last
- - a i l to you
anyone related to any of the issues surrounding the investigation that is taking place regarding
shipments of TENO RM into Kentucky and the Blue Ridge Landfill or any references related to TENO RM.
or
I was called into Jon Maybriar's, our Assistant Director's Office for the DWM on Friday morning; March 4 at 11:00
Jon shared that there are meetings taking place with attorneys from both the state and companies involved. Also Daniel
Cleveland has instructed him what he could share with me or others.
I have been i_nstructed to stop all the investigative work I am doing which included working with EPA Region's 2 and 4
who were helping us understand better the waste from a "brine processing facility" as well as obtaining records .(waste
determination on materials generated by that facility, process information, etc.) related to Fairmont Brine
Processing. They were also helping us understand how other states are managing arid regulating this type (TENORM) of
waste. Anything regarding EPA that I was involved with will be handled by April Webb from this point forward.
government as well as anyone contacting me frorn the outside such as EPA and the state governments of Ohio and West
Virginia.
. n y Anderson for him to handle appropria~ely.
GP2164
going on.
In essence, I have been totally "silenced" on anything related to our landfills, TENO RM, the O & G industry, or any of t h e .
radioactive.
going about my daily work responsibilities as if I had no knowledge or interests in what has taken place unless I am
=~-~jostOl_cted~otb~erwls~.byJlanuy_.J~will JJOt.be_Jitlkin.~Qr_dis~ys~LDg auy.!bl'1K~~~QCj[!~d_Y!!i!Jl~!~NORM with an'[one --- ~--~-~~
including those I work with in the Solid Waste Branch.
.- -
..
.~
I appreciate all that everyone has done, the support and encouragement I have received from others, and especially for
those that listened and took an interest in my concerns regarding the well -being and health of our operators at our
Sincerely,
George Partridge
GP2165
~-
a.m
~nt:
To:
Cc:
Subject:

Sunday, March 06, 2016.12:41 PM
Partridge, George (EEC); Delong, Deborah (EEC)
RE: RE: Article from UT
Just wanted to be sure you all received my email message if the article did not go through because of its size and being
an attachment.
Thank you,
George
Sent: Sunday, March 06, 2016 11:57 AM

To: 'Curt.Pendergrass@ky.gov' <Curt.Pendergrass@ky.gov>; 'todd.hendricks@ky.gov' <todd.hendricks@ky.gov>
Cc: 'george.partridge@ky.gov' <george.partridge@ky.gov>; 'Deborah.Delong@ky.gov' <Deborah.Delong@ky.gov>;
'George Partridge' <gjpartridge@windstream.net>
Subject: RE: Article from UT
.lease find attached an article from one of my UT publications that I wanted to share with you. This will be my last
Aail to you or anyone related to any of the issues surrounding the investigation that is taking place regarding
~pments of TENO RM into Kentucky and the Blue Ridge Landfill or any references related to TENO RM.
I was called into Jon Maybriar's, our Assistant Director's Office for the DWM on Friday morning, March 4 at 11:00
Jon shared that there are meetings taking place with attorneys from both the state and companies involved. Also Daniel
Cleveland has instructed him what he could share With me or others.
I have been instructed to stop all the investigative work I am doing which included working with EPA Region's 2 and.4
who were helping us understand better the waste from a "brine processing facility" as well as Obtaining records (waste
determination on materials generated by that facility, process information, etc.) related to Fairmont Brine
Processing. They were also helping us understand how other states are managing and regulating this type (TENORM) of
waste. Anything regarding EPA that I was involved with will be handled by April Webb from this point forward.
government as well as anyone contacting me from the outside such as EPA and the state governments of Ohio and West
Virginia.
. n y Anderson for him to handle appropriately.
GP2166
going on.
In essence, I have been totally "silenced" on anything related to our landfills, TENORM, the O & G industry, or any of t h .
radioactive.
going about my daily work responsibilities as if I had no knowledge or interests in what has taken place unless I am
I
~-~~~. -:~~~~~~~:~~!~:rt:~~::~~~~~~~~h~~~~::~:i!a~~~;~-~~~iscussingAUY1binK~~s9cl~t~ct\f\/.!lt} TEN.() RM with .'1f!YOnf!_-~---~~~-~-.-~

I appreciate all that everyone has done, the support and encouragement I have received from others, and especially for
those that listened and took an interest in my conc~rns regarding the well -being and health of our operators at our
Sincerely,
George Partridge
GP2167
IJtm:
Sent:
Subject:
Monday, March 07, 2016 8:17 AM
Your me}~sage
was read on Monday, March 07, 2016 8:17:22 AM (UTC-05:00) Eastern Time (US & Canada) .
19
..
1
GP2168
GP2169
.m:
Sent:
To:
Subject

Monday, March 07, 2016 8:26 AM .
Nielsen, Jamie (EEC); Razavi, Mohammad (EEC); Hendricks, Todd (EEC); Litchfield, Arline
(EEC); Partridge, George (EEC)
FW: TENORM disposition
FYI.
Specifically, this is about Blue Ridge and Green Valley, but I suspect there are other sites.
Lindsey Briggs, PE
Environmental Engineer Supervisor
502 5646716
-----Original Message----From: Anderson, Danny J (EEC)

Sent: Monday, March 07, 2016 7:36 AM
To: Briggs, Lindsey {EEC); Young, Anita {EEC); Bickner, Bob (EEC); Melton, Ken (EEC); Green, Robin C (EEC); Green, Lawrie
{EEC)
-~bject: FW: TENORM disposition
. e below and make sure staff in your section are aware of this protocol.
Thanks,
Danny
-----Original .Message----From: Scott, R. Bruce (EEC)

Sent: Saturday, March OS, 2016 11:39 AM
To: Horne, John (EEC); Quarles, Jackie (EEC); Cleveland, Daniel (EEC); Hatton, Tony (EEC); Maybriar, Jon {EEC); Anderson,
Danny J (EEC); Keatley, Aaron (EEC); Brannock, Lanny (EEC); Price, Ronald (EEC); Carlson, Brandon (EEC); Cummins, Jeff
(EEC); Alteri, Sean (EEC); Goodmann, Peter (EEC); Gabbard, Tom (EEC); Akers, Paulette (EEC); Taylor, Larry (EEC); Mura,
John A
Subject: TENORM disposition
Reminder:
In light of the ongoing investigation(s) and evaluation of TENORM disposition and landfill related matters, this is a
reminder to DEP staff of both long-standing protocol and procedures regarding our interactions with ongoing
estigations. This will help ensure that all of the appropriate parties within the agency are better informed,
' communication is better coordinated, and decisions appropriately made to best resolve the issues.
GP2170
1. Because this is currently primarily a DWM issue within the Department, any responses, discussion, and inquiries
regarding the specific matters of these investigations and evaluations from parties outside of the department are to be
first coordinated thru both the DWM Director's office and OGC (Daniel Cleveland and Jackie Quarles). This would include
DNR, CHFS, or any of the agencies that we routinely interact with, in addition ~o the public, regulated entities, and local.
officials.
2. Any media inquiries and responses, consistent with prior protocol, are to be coordinated and referred first to Lanny
and John Mura (EEC Communications Director) with notification to the DWM Director's office and OGC (Daniel Cleveland
and Jackie Quarles). John will be lead on determining who and how the agency is to respond.
3. Any inquiries with the Attorney General's office, consistent with long-standing protocol, are to coordinated and
referred first with OGC {Daniel Cleveland and Jackie Quarles) with notification to the DWM Directos's office.
4. Any open records request response regarding these specific issues, consistent with with prior agency protocol, are to
be coordinated with both the DWM Director's office and OGC prior to finalization.
The above procedures will help ensure that the agency appropriately manages and oversees our actions, interactions,
and responses. I greatly appreciate your continued efforts on this important issue as we work collectively to resolve the
issues.
If you have any questions, please let me know at any time.
Thanks,
Bruce
Sent from my iPad
'
GP2171
-m:
To:
Sent:
Subject:

Your message
was read on Monday, March 07, 2016 8:27:20 AM (UTC-05:00) Eastern Time (US & Canada) .
GP2172
~~:
To:
Subject:
RE: RE: Notes and Observations Requested for February 27, 2016
Thank you George I will turn these over to Matt.

Regards
AJ

.
Cc: Maybriar, Jon (EEC); Hatton, Tony (EEC); Anderson, Danny J (EEC); Briggs, Lindsey (EEC); Weems, George (EEC)
Subject: R!=: Notes and Observations Requested for February 27, 2016
FYI - Requested notes and field measurement taken in Irvine, KY on February 27,2016.
{ieorge P. Partriffee Jr.

200 Fair Oaks Lane; 2nd Floor (SWB}
Frankfort, KY 40601
~2) 564-6716 ext. 4651
..
1
GP2173
-m:
Sent:
To:
Cc:
Subject:
Hatton, Tony (EEC)

Monday, March 07, 201611:47 AM
EEC DEP DWM Dir. Office; EEC DEP DWM SWB; EEC DEP DWM HWB; EEC DEP DWM SFB
Central Office
Cleveland, Daniel (EEC); Quarles, Jackie (EEC)
FW: TENORM disposition
I understand that most of you are not involved in this issue so I apologize upfront for you being included. For those who
are, and may become involved as the issue progresses see below. If you have any questions please let me know.
Anthony R. Hatton, P.G.

Director, Kentucky Division of Waste Management
200 Fair Oaks, 2nd Floor
Frankfort, KY 40601
502-564-6716
'
-----Original Message----From: Scott, R. Bruce (EEC)

Sent: Saturday, March 05, 2016 11:39 AM
Horne, John (EEC); Quarles, Jackie (EEC); peveland, Daniel (EEC); Hatton, Tony (EEC); Maybriar, Jon (EEC); A.nderson,
ny J (EEC); Keatley, Aaron (EEC); Brannock, Lanny (EEC); Price, Ronald (EEC); Carlson, Brandon (EEC); Cummins, Jeff
C); Alteri, Sean (EEC); Goodmann, Peter (EEC); Gabbard, Tom (EEC); Akers, Paulette (EEC); Taylor, Larry (EEC); Mura-,John A
Subject: TENORM disposition
Reminder:
In light of the ongoing investigation(s) and evaluation of TENORM disposition and landfill related matters, this is a
reminder to DEP staff of both long-standing protocol and procedures regarding our interactions with ongoing
investigations. This will help ensure that all of the appropriate parties within the agency are better informed,
communication is better coordinated, and decisions appropriately made to best resolve the issues.
1. Because this is currently primarily a DWM issue within the Department, any responses, discussion, and inquiries
regarding the specific matters of these investigations and evaluations from parties outside of the department are to be
first coordinated thru both the DWM Director's office and OGC (Daniel Cleveland and Jackie 0.uarles). This would include
DNR, CHFS, or any of the agencies that we routinely interact with, in addition to the public, regulated entities, and local
officials.
2. Any media inquiries and responses, consistent with prior protocol, are to be coordinated and referred first to Lanny
and John Mura (EEC Communications Director) with notification to the DWM Director's office and OGC (Daniel Cleveland
and Jackie Quarles). John will be lead on determining who and how the agency is to respond.
-Y
~onsistent
inquiries with the Attorney General's office,

with long-standing protocol, are to coordinated and
referred first with OGC (Daniel Cleveland and Jackie Quarles) with notification to the DWM Directos's office.
GP2174
4. Any open records request response regarding these specific issues, consistent with with prior agency protocol, are to
be coordinated with both the DWM Director's office and OGC prior to finalization.
The above procedures will help ensure that the agency appropriately manages and oversees our actions, interactions,
and responses. I greatly appreciate your continued efforts on this important issue as we work collectively to resolve the
issues;
If you have any questions, please let me know at any time.
~~.J:ha r:iksr~- ....~-~~ --.~....~~~...... -" -,.----
Bruce
Sent from my iPad
......,
GP2175
.m:
Sent:
To:
Cc:
Subject:
Attachments:

Monday, March 07, 2016 7:43 PM
Hatton, Tony (EEC); Maybriar, Jon (EEC)
RE: Hydraulic Fracking
Looking for Action - UT - Quest - FW.pdf
Arti~le from UT highlighting the work of Dr. Sherry Cable, Professor of Sociology.
The disposal and management of waste from the "Fracking Industry'' has the potential of being another Love Canal
where the industry was producing waste and disposing of it before an adequate regulatory structure was in place and
the contaminant migration and health effects did not surface for 30 years or so later. Love Canal was a chemical
exposure scenario. TENORM is radionuclides.
The latency period between exposure and the emergence of health effects from radionuclides is 10-40 years.
Radionuclide.shave a low solubility and tend to partition to the solid phase and therefore their Chemical migration in
environmental systems takes years.
I appreciate everyone's patience with me since January. I have just been so worried about the implications of the
disposal of TENORM in Kentucky and want to do all I can to protect the well-being of our communities .
m back devoting my full attention to our submittals in solid waste and my routine job responsibilities .
anks again for all you are doing for our Division and the communities we serve.
George
(ieorge P. PartridiJe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
..
1
GP2176
GP2177
et~=
To:
Subject:

RE: Voice Mail Message from Fairmont Brine Processing
Tracking:
Recipient
Delivery
Delivered: 3/9/2016 11:32 AM
Danny;
I received a voice mail message at my extension; 4651 while we were in the meeting in Conference Room 2028 between
10 AM - 11:20 AM today.
The message was:
"Dr. Partridge# this is Brian Kalt. I work with Fairmont Brine Processing. If you would please give me a call when you_,
get a chance. My number is 412-680-6244. Thank you;''
George
(ieor9e P. Partritfee Jr., PfiV, P.'E., Q'EP

part.me.nt .f.or Environm. ental Protection
Frankfort, KY 40601
(502) 564-6716 ext. 4651
...
1
GP2178
'
GP2179
~:
Sent:
Subject:
Microsoft Outlook
Delivered: RE: Voice Mail Message from Fairmont Brine Processing

Subject: RE: Voice Mail Message from Fairmont Brine Processing
GP2180
-om:
To:
Sent:
Subject:

Read: RE: Voice Mail Message from Fairmont Brine Processing
Your message
Sent: Wednesday, March 09, 2016 11 :32:27 AM (UTC-05:00) Eastern Time (US & Canada)
was read on Wednesday, March 09, 2016 11 :35:38 AM (UTC-05:00) Eastern Time (US & Canada).
'
GP2181

-rom:
Sent:
To:
Subject:

RE: RE: Voice Mail Message from Fairmont Brine Processing
George:
Do notreturn the call. I will forward on per the email notice from Bruce Scott of 3/5/16.
Danny
From: Partridge; George (EEC)
Danny;
I received a voice mail message at my extension; 4651 while we were in the meeting in Conference Room 202B between
10 AM -11:20 AM today.
.Dr.
The message was:
Pa.rtridge, this is Brian Kalt . I work With Fairman.t.Brine Processing. If you would please give me a call when you
~t a chance. My number is 412-680-6244. Thank you. 11
George
<;eorge P. Partricfee Jr., Pli'D, P.'E., fl'EP

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP2182
.om:
Sent:
To:
Subject:
Attachments:

Aldridge, Tabitha (EEC); Green, Robin C (EEC); Green, Lawrie (EEC); Partridge, George
(EEC); Patrick, Kevin {EEC); Shingleton, Allan {EEC)
DNA Damage in Chernobyl Catfish
233-DNA%20damage%20in%20catfish-Sugg%20et%20al-1996.pdf
Interesting reading ...

Geologist
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716 ext. 4653
'
GP2183
-om:
To:
Sent:
Subject:
Weems, George (EEC)

Your message
Subject: RE: Notes and. Observations Requested for February 27, 2016
Sent: Friday,March 04, 2016 6:02:47 PM (UTC-05:00) Eastern Time (US & Canada}
was read on Friday, March 11, 2016 8:57:36 AM (UTC-05:00) Eastern Time (US & Canada).
'
GP2184
GP2185
.rom:
Sent:
To:
Cc:
Subject:
Attachments:

Partridge, George (EEC); Aldridge, Tabitha (EEC); Litchfield, Arline (EEC); Briggs, Lindsey
(EEC); Anderson, Danny J (EEC); Green, Robin C (EEC); Green, Lawrie (EEC); Nielsen,
Jamie (EEC); Melton, Ken (EEC)
Weems, George (EEC); Simpson, Mark (EEC)
Estill County KGS Study
ri18_12.pdf
FYI, a KGS study regarding sulfide mineral damage to the schools across the road from Blue Ridge Landfill.
Although the pyrite is indeed naturally occurring, if the landfill operations expose it, fracture it, or use it for fill and/or
cover, the minerals are exposed to oxygen and water and surface water and groundwater can be affected.
So, landfill operations can still be the source of the problem, even though the sulfides, metals, etc. are naturally
occurring in the shale.
Geologist
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, KY 40601
"2-564-6716 e><t. 4653
GP2186
GP2187
Partridge, George (EEC} .
fl'rom:. .
Sent:
To:
Subject:

RE: Estill County KGS Study
The part about simply not using the shale as fill is something we need to remember re: the landfill.

Subject: RE: Estill County KGS Study
Todd:
Thank you!!!!!!!!!!!!!!!
George

To: Partridge, George (EEC); Aldridge, Tabitha (EEC); Litchfield, Arline (EEC); Briggs, Lindsey (EEC); Anderson, Danny J
(EEC); .Gre.en., Robin C (EEC); Green, Lawrie (EEC); Nielsen, Jamie (EEC); Melton, Ken (EEC)
c: Weems, George (EEC); Simpson, Mark (EEC)
ubject: Estill County KGS Study
cover, the minerals are exposed to oxygen and water and surface water and groundwater can be affected.
Geologist
. ISentucky Division of Waste Management
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716 ext. 4653
GP2188
-om:
Sent:
To:
Subject:

RE: Estill County KGS Study
I hope so, too.

Sent: Friday, March Jl, 2016 1:56 PM
T9:.Hendricks, Todd (EEC)
Todd;
I have seen the impacts of shale at other landfills and the statement is "it's the shale, not leachate" is what I hear. The
runoff is still coming from the landfill because the shale has been disturbed.
I hope we can address this in the future!
ahank~ou!
.._eorge

Sent:. Friday, March 11, 2016 1:30 PM

The part about simply not using the shale as fill is something we need to remember re: the landfill.

Sent: Friday, March 11, 20161:22 PM

Todd:
Thank you!!!!!!!!!!!!!!!
George

nt: Friday, March 11, 2016 1:14 PM
:Partridge, George (EEC)i Aldridge, Tabitha (EEC); Litchfield, Arline (EEC); Briggs, Lindsey (EEC); Anderson, Danny J
EC); Green, Robin C {EEC); Green, Lawrie (EEC); Nielsen, Jamie (EEC); Melton, Ken (EEC)
Cc: Weems, George (EEC); Simpson, Mark (EEC)
Subject: Estill County KGS Study
1
GP2189
cover, the minerals are exposed to ()xygen and water and surface water and groundwater can be affected.
___ ----~i::orldJ:lsr:idrJcks,~~.-G.~=-~~~~=-~,.-~~-~~---------~~ ---~---~~-----~- ,.. ----~--~--~--~~~~--~-~~--~= -~----~~--~- ----~~........~~~

Geologist
Solid Waste Branch
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716 ext. 4653
'
GP2190

.rom:
Sent:
To:
Subject:
Attachments:

Saturday, March 12, 2016 6:41 PM
FW: Poster on Penn State Research Work
Partridge Jr._38-V2.ppt

Sent: Saturday, March 12, 2016 4:17 PM
To: 'todd.hendricks@ky.gov' <todd.hendricks@ky.gov>
Cc: 'danny.anderson@ky.gov' <danny.anderson@ky.gov>; 'Briggs, Lindsey (EEC)' <Lindsey.Briggs@ky.gov>
Subject: RE: Poster on Penn State Research Work

Hi Todd;
I was looking over my research work I did at Penn State and saw a poster I did that highlighted some of the work I was
doing and wanted to share it with you!
Have a nice week!
GP2191
.rom:

Melton, Ken (EEC); Hendricks, Todd (EEC); Partridge, George (EEC)
2257 SHF20020006 - DAFCO NORM
Sent:
To:
Subject:
Catem>ry:I..._S_Ub!:riiltals
__
. _.__ _ _ _...._,I
Program: SOiid Waste
Status: 1
......[ALL_._)----~~
.... 1
Cla$8: 1
.......
~_lt._J_.___ _ _ _....._,,
Year:
l._____.I !
J~N~

200 Fair Oaks Ln, 2"d Floor
Phone: (502) 564-6716
GP2192
'
GP2193
.m:
Sent:
To:
Subject:
Attachments:
Tracking:

RE: Reference Materials
211.859 Central Midwest Interstate Low-Level Radioactive Waste Compact.pdf; Compact
Regional Management Plan.pdf
Recipient
Delivery
Delivered: 3/15/2016 6:24 PM
Jeri;
Let me know if this was what you were looking for. Attached all the info I have including what you already have
obtained.
Website for CMC is: http://www.cmcompact.org/
I am respecting what has been requested of me. I am glad to provide any information on what I have previously done if
that will help others. I am also restricting any literature or document reviews to historical materials that are not related
to the current investigation.
~nks again for stopping by. It is always a pleasure to visit with you and with my teaching interests in the risk
ssment area, it is a pleasure to look at topics with someone with your many years of experience and expertise in
area.
.
Thank you,
George
{ieorge
P~ Partrid{Je Jr.

200 Fair Oaks Lane;.2nd Floor (SWB)
Frankfort, KY 40601
(502) 564-6716 ext. 4651
..
1
GP2194
-m:

anthony.kryfka@dot.gov
Jason R Frame; Pendergrass, Curt (CHFS DPH); Partridge, George (EEC); Easter, Matthew
P (KYOAG)
Fairmont Brine Processing
Sent:
To:
Cc:
Subject:
Mr. Kryfka,
Thank you for taking the time to reach out today. Per our conversation, the names Cc'd on this email are those with
which we have been communicating with since everything has transpired.
Gents-- Tony Kryfka is with the Federal Motor Carrier Safety Administration and is investigating what has been
transported on West Virginia roads.
If anything else is needed, please let me know.
Kind Regards,
rianKalt
sident
mont Brine Processing, LLC
412-680-6244
any attachmt!nts) are confidential and may contain privileged information. If you are not an intended recipient you must not use,
GP2195
GP2196
Partridge, Georpe (EEC)
ta!~:
To:
Subject:

nutrition
George,
This might be something that could be done through the Extension Office.
http:Uwww.uky.edu/superfund/about/news/superfund-community-action-through-nutrition-scan-program~presented
cooperative-extension
GP2197
-m:
To:
Sent:
Subject:
Microsoft Outlook
Delivered: FW: Fairmont Brine Processing

Subject: FW: Fairmont Brine Processing
GP2198
i-m:
Partridge, George (EE(:) .
To:
Sent:
Subject:
Microsoft Outlook
Delivered: FW: Fairmont Brine Processing

GP2199
GP2200
,eem=
To:
Sent:
Subject:

Read: FW: Fairmont Brine Processing
Your message
was read on Wednesday, March 16, 2016 6:04:31 PM (UTC-05:00) Eastern Time (US & Canada) .
..
1
GP2201
I..,:
Partridge, G~orge (EEC)
Sent:
To:
Subject:

RE: Meeting in Your Office on Wednesday 23 from 3:00 - 3:30 PM.
Tracking:
Recipient
Delivery
Read
Anderson, Danny J, (EEC)
Delivered: 3/23/2016 8:15 PM
Read: 3/23/2016 8:16 PM
Danny;
You scheduled me to meet with you in your office today, March 23, 2016 and I accepted the meeting invitation in
Outlook that you sent me at 11:22 AM this morning.
In the meeting we discussed the following topic areas:
1. If I had any concerns regarding my work.
2. Why I seem discouraged or worried at times and what you could do to address it.
3. The fact that when Ken included Catherine that I expressed an interest in staying in Frankfort and leaving at my
regularly schedule time rather than attending a preconstruction meetingthat starts in Glasgow at 3 PM CT
which would result in me getting in late.
4. The nee,d for our Section ~ngineers to work overtime (Blo~k-SOs) again this year considering thatl earned 8Block sos in a row last year and started last year out with very little comp time accrued .
. , 5. The concern I expressed to Ken, who is my acting Supervisor that we have continued to hire geologists when
..
there is a need for the engineers to work overtime and the geologists typically work there regularly scheduled
hours.
6. I expressed an interest in a transfer to Tony and copied Lindsey, you, and Gary Logsdon on it.
I want to documentour discussion and also be sure we are clarified on the points we discussed. If you had invited .Ken
to the meeting you woLild have had a different understanding rather than communicating separately with him and then
with me at~ later time. I Wish
parties could .be present and there would not be a breakdown in communication: Ken
is my acting Supervisor and I shared my concerns with him. My understanding is if we have a concern we should take
that first to our supervi.sor and I did that since Ken is my supervisor for this wee.k. By starting off the meeting with the
questioning if you had "a disgruntle employee" put me on the defensive and I did not feel relaxed from that point on in
the meeting.
all
I am confirming and clarifying my position on the above topics and as well as documenting what was discussed.
ltem1:
No, I am very pleased having you as my Branch Manager and am especially delighted the skills you bring regarding
interpretation and the identification of relevant regulations as WE! address su.bmittals .and perrnitting situations. Ken
has been an wonderful friend, mentor, and co-worker and I could not have been more delighted to have the
opportunity to work closely with him when I first started as well as having opportunities for us to still do things
togethe~
,
l.m2:
1
GP2202
I have over 5 years of full time study and research on particulate behavior as a tenured faculty member at Penn
State. The modeling and health effects of airborne environmental contaminants (including radionuclide.s) and their
impact on human health was my area of teaching and expertise at Penn State. I taught Human Health and Ecological
Risk Assessment for the 12.5 years I was at Penn State. With regard to the exposure assessment of the risk
assessment process I have over 20 years of experience. My academic studies and research work both in industry and
academia makes me acutely aware of the health risks of inhaled rad.ionuclides and I am gravely concerned that both
the operators at the landfill and individuals in the community in Irvine, Kentucky will potentially suffer serious health
concerns or shortened lives in the future from the potential exposure of the low-level radioactive waste that was
disposed of at Blue Ridge Landfill. I am still deeply concerned about the potential for re-suspension of deposited
. ~~~~~partiGleseGOnt-aiRing-radionuclides.on.botbJ:ba.gmunds.surrauodiogJ;h.e~~entr.an~_jo the S!;:bools as well as whe.n t,he .
I
school maintenance workers service the HVAC systems. To my knowledge that has not been addressed, but I have
been cut-off from any communication regarding TENORM both within the Division of Waste Management and with
the CHFS-DPH. Not being copied on any emails concerning the assessment of the site contamination or getting the
analytical results from the soil samples I took on the grounds surrounding the entrance to the schools on February 21,
2016 or not being allowed to contact the DPH to request the analytical results only raises my anxiety.
There is n()t anything I expect you to do regarding my concerns since the management of the NOVs and investigation
is being handled by upper levels of management and beyond our Section (enforcement and ()ffice of Gent;!ral
Counsel?). I am just worried and feel helpless.
ltem3:
I told Ken I was glad to be the primary contcict for the CD&D LF in Glasgow, but I would prefer stayi11g iil Frankfort this
Thursday, particularly since Catherine (a lady) would be with us who I haven't met or been introd!Jced to yet. I told.
you and Ken I have been very stressed out over all that has been going on regarding TENORM, particularly since I am
acutely aware of the health effects. My anxiety level is very elevated and when that Happens mycoloii.acts
up. W,hen I get stressed I have the symptoms of IBS. When we travel out in rural 'areas I wor..Y sometimes I will be , .
too far 'away from a bathroom. I feel so close to Ken and he also has his own personal issues regarding his
dig~stive health, I would not be self-conscious or embarrassed if something happened in his presence. Since I was
not feeling well this week, to go out with a lady I have never met I just didn't feel relaxed. That was my only reason I
declined when it was more than Ken going this week. I am also on a medication presently I hoJ>e to stop taking once
this T~NORM situation is behind us. I enjoy working with ladies and it was only a personal reaso11 I was declining. I
also ate way too much BBQ when I was on vacation this past week and weekend and that only up~et tny eolon
more! With that being said I hope I will have opportunities to work with Tabath'a in the future. I value.her
analytical/lab experience as well as her expertise in the geology area; She is a very talented individual and I feel
fortunate to be in the section with her. We also have other very talented men and women-in our Section that I am
learning so much from since my back~round is in the hazardous waste area.
My work is my vocation and pcission. I am here because I enjoy what I do. We all need to work to support our
families but maximizing income is a low priority to me. Doing work that makes a difference in the well-being of
others and provides a service to communities is what brings me pleasure. Titles and income are not my highest
priorities. I have been blessed with both over the years because if we pursue work that brings happiness and
meaning in our lives, we will be more productive employees and often the rewards follows. They have for me in both
industry and academia. Also i am a Conservative Mennonite-Friend by faith traditions and live simply. The is the
window through which I see life. I do not mind working Block..s.os or earning comp time if that add.resses a need in
the branch, but I am not doing it beca'use I want the overtime or money, I just want to do an exceflent job and be of
se. r.vi c:e to our Div.ision. L.insey Briggs has. s.tressed to me o. n.thr.ee occasions this. yea.r I am not to go. over my reguiarly.
schedule work hours in a week. If I do, I have been instructed to take Friday off. I did express my thoughts to both
Lindsey and my acting Supervisor, Ken Melton that I would like to see the work load more evenly distributed among
the employees of our Section ; where we do not have engineers working 8-Block 50s in a row (Ken and I) and other
2
GP2203
employees leaving at their regularly scheduled time. I left academia sol could be home in tbe evenings to ,be with my
wife Jan. She does not work and is home all the time. I want to be ,there to enjoy time with her. She understands,
~d I am glad to contribute the extra effort as needed at times, but neither of us want to see the long hours a regular
~rt ofmy "'fOrk ~chedule as they have been, in the past. I also take resp()f1Sibility for some ofthose long !)ours sjnc:e I
was ,seeking to accommodate the consul,tants and their work weJnspect. I was e.nj0ying meeting many ofthem for
the fir~tti~e la~t year an,d it was a plecisure seeing their work and getting a cha11ce to know them and I sought to
accommod,;:j~e their sche~IJle beyond what we are required to do by regulations.
This item was addressed to a significant extent above. I feel all employees should be asked to put in a similar Jevel of
in ollr Section and -I have- felt that more overtime and effort
is expected of the engineers than our scientists at
effort
.
times, even though their contribution to the work we do is equally important. I wanted to be a PhD Environmental
Chemist but was ,educated as a PhD Chemical-Civil Engineer. I actually .have more chemistry than a chemistry major in
my educational background and have a love and appreciation for the sciences. It has beeri a pleasure taking trips and
being with Tabatha and Todd in our Section. When I was growing up I was into rock collecting and it has been fun to
learn more about the geology of Kentucky!
-
Regarding a transfer or working in another Branch, I.have the following to share. I did riot apply or interview for the
.. position I .have now in the Solid Waste Branch. Ken Melton and Lindsey Briggs knew I enjoyed the waste
management area and was seeking to learn more about solid waste and its management (and that includes both what
our Solid Waste Branch as well as th~ RLA Branch does) and approached Ille about the position that Rich D~wson
vacated. Both the SWB and Ri.A are of special interest to me and .1 have been participating in activities~ workshops,
and site visits for many years which predates both you and qary Logsdon as Branch Managers. You both came from
er jobs toyourpre~entp~sitions a.nd ~hen a challenging opp?rtunity arises I wouldhopethatydlJWC?l..ildbe happy
en a member of your section pursues 1t and that you would wish the best for them.
.~
I look forward to many more years with state government and would like to work ~s long as I am in good heaith and
feel productive. I would be delighted to work one day for the RLA Branch as I continue my career development in the
waste management area. I al.so feel that would be an excellent job for .meto retire from sinC:e the service
opportunities I enjoyed for so many years are in the recycling, resource management, and resqrce conservation
areas ..That way could transition easily from a position with pay to a position where I would .be a volunteer and there
would be plelit.Y of voluntee.r opportunities in the local community. A.s I pointed out, the ema.il that I copied you on
was sent at 11:07 at night. I was not feeling well, Jan was upset with me, and I was worried and depre~sed on the
processed TENORMthat was trucked into Kentucky and wa:s illegally disposed of in a contained landfill. I have a
personal passion regarding protecting employees in the solid waste industry. The industry is bl.lilt on trust, that
others will do the right thing.and not th.row something into a garb~ge can or load a truck with a waste that would
harm an unsuspecting employee receiving it at a transfer station or landfill. I feef that trust was violated last year
here in Kentucky. I also feel that as a state agency we are piaced iri a position of tru.st by the public to ove'rsee the
protection of human health and the. environment, and I want to honor that trust.
We all need new challenges as employees that help us grow and learn as individuals. That is a lifelong process. If and
when I corisic:ler a job change in the future, please to not take it personally. Since maximizing income and titles are of
little interest to me, I am only doing it to experience a new. learning curve and make contributions in another area of
society. I will leave. th.e Solid Waste Branch thankful for tf)e experiences and learning opportunities it provided me
and for the pleasure of working and knowing the co-workers that make up our Branch.
- k you for the opportunity to meet with you.
GP2204
I request that you send me an email acknowledging that you received and read this email message. Please
indicate if there are any concerns or questions that we still need to address.
~dd
that I do not plan to express any more concerns regarding the TENO RM issues facing
.. '
I also want to
Kentucky or approach you C>r anycfoe in the Division of Waste Management with questions regarding th~
site assessment: for contamination or exposure assessments that were requested as part of the NOV for .
.Blue Ridge Landfill. I plan to focus only on my assigned work (by you, Lindsey, or an acting supervisor such
as Ken) and am glad to work where ever I can be of service or needed.
Thank you,
Have a nice day!

Sincer:ely,
Gorge
(jeorne P. PartridjJe Jr., Pfi'D; P.'., Q:EP

KY DivisioncofWaste Management
200 Fair Oaks L,ane; 2nq Floor (SWB)
Frankfoi:t, KY 40601
(502) 564..~?H> ~xt)i6s1
GP2205
#m:
To:
Sent:
Subject:
Microsoft Outlook
Delivered: RE: Meeting in Your Office on Wednesday 23 from 3:00 - 3:30 PM.

Anderson, Danny J (EEC) (Danny.Anderson@k.y.gov)
Subject: RE: Meeting in Your Office on Wednesday 23 from 3:00 - 3:30 PM.
GP2206
--------
-om:
To:
Sent:
Subject:

Read: RE: Meeting in Your Office on Wednesday 23 from 3:00 - 3:30 PM.
Your message
Subject: RE: Meeting in Your Office on Wednesday 23 from 3:00 - 3:30 PM.
was read on Wednesday, M?lrch 23, 2016 8:15:31 PM (UTC-05:00) Eastern Time (US & Canada).
GP2207
-m:
Sent:
To:
Subject:

Aldridge, Tabitha (EEC); Anderson, Danny J (EEC); Arnett, John M (EEC); Bickner, Bob
(EEC); Briggs, Lindsey (EEC); Cooley, Tony (EEC); Crystal, Angie M (EEC); belong,
Deborah (EEC); Green, Lawrie (EEC); Green, Robin C (EEC); Hendricks, Todd (EEC);
.
Litchfield, Arline (EEC); Melton, Ken (EEC); Nielsen, Jamie (EEC); Partridge, George (EEC);
Razavi, Mohammad (EEC); Rogers, Tim (EEC); Skees, Catherine; Whitney, Frank D (EEC);
Young, Anita (EEC)
.
RE: Comments or Questions Regarding Estill County, TENORM, or a1ue Ridge Landfill
Hello Everyone;
As you all know, I was very involved in investigating the shipments of TENO RM waste when Danny Anderson received
the call notifying us of the illegal shipments and gave me the number of the "whistle blower" to call and follow up on
which I did as of January 13 of this year.
Presently I have been isolated from any correspondence or activity regarding the investigation or all that is taking place
surrounding the site investigation or exposure assessments.
For someone that was a tenured faculty member at Penn State and taught Human Health and Ecological Risk
Assessment along with research on airborne particle behavior in environmental systems, resuspension of deposited
particulates: e~pos~re asse:sments or risk asse.ssment, and modeling of radio~uclide depos~tion i_n the respira~ory
tern - this s1tuat1on has impacted me acutely from both personal and emotional perspectives since I was so intimately
. .olved in this area of research for many years and continued to follow the work in the area during my tenure with the
Hazardous Waste Branch and now the Solid Waste Branch.
i.
I owe you all an apology for how my emotions and concerns took time from the work you needed to do and must have
been very distracting at times. Thank you all for your kindness and patience during a very difficult time for me.
It doesn't take much, just a comment or a short question by a co-worker to get me thinking again about all my years of
research and teaching on health effects of environmental contaminants. When that happens, not only am I burden to
others, but I also am distracted from the work th.at I a.m assigned to do.
These days, I do not know anymore that what is printed in the newspaper or has been entered into TEMPO.
In the best interest of us all, I request that no one mention TENORM to me, ask a question, make a comment. or joke
with me about the situation that Kentucky is facing these days regarding the shipments of out of state radioactive waste
that was shipped illegally into Kentucky this past year.
At the same time I want you all to know that I want to be a supportive coworker and available wherever I can be of help
or service to the mission of this Branch.
Thanks again for your kindness, patience, being a good listener, and your words of support and encouragement during a
very challenging time in my career.
h you all the best and look forward to serving alongside of you in the months/years ahead.
Thanks again,
1
GP2208
George
{1eor9e P~ PartrUfge Jr.

Frankfort, KY 40601 .
(502) 564-6716 ext. 4651
GP2209
#m:
Sent:
To:
Subject:

RE: Voicemail
Danny;
Voicemail message on my phone from Kevin Kosko.
George
(Jeorne P. PartritflJe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP2210
#m:
Sent:
To:
Cc:
Subject:

Re: Voicemail
George
Please forward to Daniel Cleveland his phone number.
Thanks,
Danny
On Mar 25, 2016, at 8:11 AM, Partridge, George (EEC) <George.Partridge@ky.gov> wrote:
Danny;
George
<geor9e P. Partridj]e Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
GP2211
GP2212
-om:
Sent:
To:
Cc:
Subject:

FW: Voicemail
Kevin Kosko
937-470-2655
From: Anderson; Danny J (EEC)


Cc: Cleveland, Daniel (EEC)
Subject: Re: Voicemail
George
Please forward to Daniel Cleveland his phone number.
Thanks,
Danny
. . Mar 25, 2016, at 8:11 AM, Partridge, George (EEC) <George.Partridge@kv.gov> wrote:
Danny;
Voic:email message on my phone from Kevin Kosko.
George
{iecrrge P. Partrit:fee Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
GP2213
GP2214
-om:
Sent:
To:
Subject:

Re: Voicemail
George
Is this an old message from Kevin or a new one left today or yesterday ?
Thanks,
Danny
On Mar 25, 2016, at 8:11 AM, Partridge, George (EEC) <George.Partridge@ky.gov> wrote:
Danny;
George
(jeorge P. Partritfae Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
GP2215
#m:
Sent:
To:
Subject:

RE: Voicemail
Danny;
New one from yesterday, March 24, 2016.
George

Subject: Re: Voicemail

George
Is this an old message from Kevin or a new one left today or yesterday ?
Thanks,
Danny
Mar 25, 2016, at 8:11 AM, Partridge, George (EEC) <George.Partridge@ky.gov> wrote:
Danny;
Voicerriail message on my phone from Kevin Kosko.
George
<georne P. Partri<fae Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
<imageOOl.gif>
..
1
GP2216
'm:
Sent:
To:
Cc:
Subject:

Maybriar, Jon (EEC); Partridge, George (EEC)
FW: Interview
Danny,
I need to find a time for the AG investigator to speak with George Partridge per their request. I'm calling George directly
to get some times in place.
Thanks
Daniel Cleveland, Attorney
Energy and Environment Cabinet
Office of General Counsel
2 Hudson Hollow
Frankfort, KY 40601
ph.(502) 564-2356 ext. 640
fx, (502) 564"9212
Daniel.Cleveland@ky.gov
Confidentiality Notice: This communication contains information which is confidential, attorney work product and
,. . . .
overed by t.he. attorney-client privi.lege. It is for the exc.lusive use of the intend. ed recipient(s). Please note that any form. of
,
tribution, copying, forwarding or use of this communication or the information therein is strictly prohibited and may be
lawful. If you have received this communication in error please return it to the sender and then de.lete the
communication and destroy any copies.
From: Whaley, Barbara Maines (KYOAG)

To:. Cleveland, Demiel (EEC)
Cc: Easter, Matthew P (KYOAG)
Subject: Interview
Daniel: We would like to set up a time for Matt to meet with George Partridge on this Fairmont Brine situation. Thanks,
Barbara
Barbara Maines Whaley, J.D., M.Div.
Assistant Attorney General
1024 Capital Center Dr.
Frankfort, KY 40601
502-696-5337
NOTICE OF CONFIDENTIALITY
This message is intended only for the use of the individual or entity to which it is addressed and may contain confidential information that is. legally privileged and
exempt from disclosure under applicable law. If the reader of this message is not the inte.nd.ed recipient, you are notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received this communication in error, please notify this office by telephone and return this message
e Office of the Attorney General immediately. Thank you.
r Kentucky Rule of Evidence 503, this communication is confidential and not intended to be disclosed to third persons other than those to whom disclosure is
e in furtherance of the rendition of professional legal services to or on behalf of the Office of the Attorney General.
. .
GP2217
lrtridqe, George (EEC)

.From:
Sent:
To:
Subject:

FW: Martha NORM Site Management Plan & Addendums
------------
_From: Gilbert, George (EEC)

Sent: Tuesday, September 30, 2014 4:06 PM
To: Melton, Ken (EEC); Baker;.Gorley, Virginia (EEC); Briggs, Lindsey (EEC); Cecil, Shawn (EEC); Hubbard, Tim (EEC);
Hatton, Tony (EEC); Hughes, Larry (EEC)
Subject: RE: Martha NORM Site ManC!gement Plan & Addendums

CHFS & EEC would jointly regulate radioactive wastes going to solid waste landfills.
SWB looked at this issue when Ashland, Inc. proposed taking NORM at 13 pCi/gm Ra 226 to Estill Coo. Landfill, then
owned by WM!.
We were prepared to let them accept up to 30 pCi/gm and wrap it in a synthetic liner rburrito") plus add the
radioactive indicators from the EPS to GWM.
Esti.11 Co. Fiscal Court threatened to not approve the next HEX, so Blue Ridge dropped it.
- o u r studies, we found that Michigan allows up to SO pCi/gm Ra 226 in their MSW landfills.
We also found that water treatment and WWTP sludge; and coal ash has some Ra 226.
(jeorge :f. (ji(bert, P.'.E.

Environmental Engineer Consultant
Director's Office
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716
D.irect 502-564-8158 ext. 4601
Mobile 502-598.,9860
From: Melton, Ken (EEC)
Sent: Tuesday, September 30, 2014 9:41 AM
To: Baker-Gorley, Virginia (EEC); Briggs, Lindsey (EEC); Cecil, Shawn (EEC); Gilbert, George (EEC); Hubbard, Tim (EEC);
Hatton, Tony (EEC); Hughes, Larry (EEC)
Subject: RE: Martha NORM Site Management Plan & Addendums

.ess l'.11 t~row.my two cents in:I don't rea.lly have a~ issu~ with setti~g alim~t for landfi~ls to tak~ "natur.ally o~curring"
1oact1ve waste. However, I think we have a much bigger issue after 1t gets disposed of m a landfill. On what Lindsey
on, we only have two landfills in the state that have a double liner (Aleris and West KY -Jones) due to either their
specific wastestream or liner orientation. Even these two have/are getting contamination spikes in their groundwater
wells. I wholeheartedly believe in what we try to do as an agency, but it is silly to believe that a landfill liner
"monitoring
'
1
GP2218
is a 100% leak proof. One of SWB's biggest challenges is trying to get a proper groundwater assessment plan and report
from landfills after they are placed in Assessment.
My opinion is that if a landfill facility takes NORM waste then we should consider adding a constituent or two to their '
groundwater monitoring program. Otherwise we aren't placing safeguards for the! citizens or the environment and are
doing t.hem a disservice.
From: Baker-Gorley, Virginia (EEC)

~- SentiT-uesda~ptember36;52.0t4~8:4!:l"A"M-'~~~~~~~~~~~~~~
To: Briggs, Lindsey (EEC); Cecil, Shawn (EEC); Gilbert, George (EEC); Hubbard, Tim (EEC); Hatton, Tony (EEC); Hughes,
Larry (EEC)
Cc: Melton, Ken (EEC)
Disposal of radioactive material is regulated by CHFS. They should be contacted..
Virginia Baker Gorley

Manager, Litigation Section 2
2 Hudson Hollow Road
Frankfort, KY 40601
502-564-2356, Ext 513
Fax - 502-564-9212
From: Briggs, Lindsey (EEC)

.
To: Cecil, Shawn (EEC); Gilbert, George (EEC); Baker-Gorley, Virginia (EEC); Hubbard, Tim (EEC); Hatton, Tony (EEC);
Hughes, Larry (EEC)

The practical answer is to construct sites to handle radioactive waste. Typical landfills constructed to minimum
standards are not these sites.
Lindsey Briggs, PE
502 564 6716
From: Cecil, Shawn (EEC)
-------------:---------------,.---..,....,.--

To. : Bri.ggs, Linds.ey (EEC); Gilbert, George (EEC); Baker-Gorley, Virginia (EEC); Hubbard, Tim (EEC); Hatton, Tony (EEC)'
Hughes, Larry (EEC)
Subje.ct: RE: Martha NORM Site Management Plan & Addendums
GP2219
No one really wants stacks at power plants emitting waste ... but if they're provided for in the law, it sort of is what it
is. We all know permits can be interpreted to be just as protective of the rights of the permitted activity as they are of
41tig protective of the environment. The fact is that there has to be an answer for this or we will have wished it went
mto a landfill, just like Martha (even if it's not spent fuel). History says that often when you can't get a permit, waste
will end up spread all over (which is job security for Superfund, but no good for our mission of protecting human health
and the environment).
I think Curt is just looking for a practical answer. Anything we can do to help on that would be welcome. Naturally
Occurring Radioactive Material in a typical landfill at 30-50 pCi/gm is closer to our mission than allowing or passively
encouraging it be placed in a green field where there is no engineering.
From: Briggs, Lindsey (EEC)
Sent: Monday, September 29, 2014 3:02 PM

To: Gilbert, George (EEC); Baker-Gorley, Virginia (EEC); Cecil, Shawn (EEC); Hubbard, Tim (EEC); Hatton, Tony (EEC);
Hughes, Larry (EEC)
I would not want to permit radioactive waste to be placed in any typical landfill.
Lindsey Briggs, PE
502 564 6716
.___-----------'-'-
From: Gilbert, George (EEC)

Sel1t: Tuesday, September 23, 2014 9:51 AM
To: Baker-Gorley, Virginia (EEC); Cecil, Shawn (EEC); Hubbard, Tim (EEC); Hatton, Tony (EEC); Hughes, Larry (EEC)
Cc: Melton, Ken (EEC); Briggs, Lindsey (EEC)
And for frackin,g Norm wastes coming into KY MSW landfills from other states.
(ieorge :f.
(ii{6ert~
'P.T.

Director's Office
200 Fair Oaks Lane
Frankfort, KY 40601
502-,564-6116
Direct 502-564-8158 ext. 4601
Mobile 502-598-9860
From: Baker-Gorley, Virginia (EEC)

Gilbert, George (EEC); Cecil, Shawn (EEC.); Hubbard, Tim (.EEC); Hatton, Tony (EEC); Hughes, Larry (EEC)
Melton, Ken (EEC); Briggs, Lindsey (EEC)
~ect: RE: Martha NORM Site Management Plan & Addendums

Is this for the Waste Pile?
3
GP2220
---------------------
Virginia Baker Gorley

Manager, Litigation Section 2
-- ----
~d~Gf-IGW..RG~-~
Frankfort, KV 40601
502-564-2356, Ext 513
Fax- 502-564-9212
From: Gilbert, George (EEC)
Sent: Tuesday, September 23, 20149:44 AM

To: Cecil, Shawn (EEC); Hubbard, Tim (EEC); Hatton, Tony (EEC); Hughes, Larry (EEC)
Cc: Melton, Ken (EEC); Briggs, Lindsey (EEC); Baker-Gorley, Virginia (EEC)

We may need some legal help on this.
KRS 224.46-530 is a hazardous waste statute and inapplicable to Superfund or solid waste sites.
Therefore, CHFS may co-regulate radioactive sources under their statute, if they wish.
Technically speaking, The SWB did a study in 1997 when Al proposed taking the NORM material to Estill Co, Landfill, theri.A;
owned by Waste Mgt. Inc.
_
. ~
We did an all-states study, and found that states like Ml allo\llfed up toSO pCi/gmof Ra-226 in its MSW landfills.
We were prepared to allow 30 pCi/gm at Estill with additional liners ("burrito"), but Estill withdrew the application in the
face of a threat by Estill Co. Fiscal Court to never approve another expansion.
What do you all think?
(jeorge ]'. (ji{6ert, 'P.'E.

Director's Office
200 Fair Oaks Lane
Frankfort, KY 40601
502-564-6716
Direct 502-564-8158 ext: 4601
Mobile 502-598-9860
From: Cecil, Shawn (EEC)
Sent: Tuesday, September23, 2014 9:18 AM

To: Hubbard, Tim (EEC); Hatton, Tony (EEC); Hughes, Larry (EEC); Gilbert, George (EEC)
Subject: FW: Martha NORM Site Management Plan & Addendums
GP2221
~t: .Tuesday, September 23, 2014 8:38 AM
~ Partridge, George (EEC)
Cc: Cecil, Shawn (EEC)
Subject: FW: Martha NORM Site Management Plan & Addendums

Hello again George,
I was talking w.ith Shawn Cecil yesterday about this NORM topic and he brought up the issue of the NORM
contamination at Ashland's Martha Oil Fields in Johnson and Lawrence Counties and all the time, effort and expense
that was devoted to c_leaning up those sites. As you probably know, all of the Ra-226 waste material that was collected
over the years by the remediation contractor has been piled on the top of a hill in Blaine, KY in an old coal seam high
wall cut over which they placed a rubber barrier. Evidently, EEC has agreed to some sort of site management plan for
this NORM contaminated landfill back in July. No one from our office has been approached about issuing any kind of
radioactive materials license to this facility and if we were, our regulations would probably prohibit us from doing so.
However, based on the attached letter it appears that EEC has reviewed its statutes, regulations and guidance
documents and found this NORM landfill acceptable. !just want to know what those EEC regulations and guidance
documents address and if KRS 224.46-530 (http:Uwww.lrc.ky.gov/Statutes/statute.aspx?id=10449) is part of those
applicable statutes. That being the case; I hope you have something we can share with Republic Services and other
landfill operators that are wanting to accept NORM contaminated drilling and tracking wastes from out of state as well
as all the scrap metal haulers who get stuck with loads of oil and natural gas production piping contaminated with Ra226 containing scale.
Thanks again for the assistance.
A . t Pendergrass PhD
~ervisor, Radioactive Materials Section
Kentucky Radiation Hea.lth Branch
Mailstop HS~lCA
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
Pay your fees o~ line at https://apps4.chfs.ky.gov/Rad ePay/
---~-------
From: Bentley, Nathan (EEC)

Sent: Wednesday, July 30, 2014 9:12 AM
To: McKinley, Matthew W (CHS-PH); Gresham, Robert D (CHS-PH); Pendergrass, Curt (CHFS DPH)
Cc: Hatton, Tony (EEC); Hubbard, Tim (EEC); Gilbert, George (EEC); Hughes, Larry (EEC); Lovitt, Ron (EEC)
Subject: Martha NORM Site Management Plan & Addendums
Mr. McKinley,
The
Kentuc~y Department for Environmental Protection - Division of Waste Management has

iewed and approved the Site Management Plan and its addendums for the Ashland Oil
tha Oil Field NORM site in Johnson County .. I am attaching a PDF of our approval letter
the managed closure of the site. A physical copy was mailed last week as well.
Thank you.
5
GP2222
---
-------
t/lm:
Sent:
. To:
Subject:
Weems, George (EEC)

manifests
Are we still out of the loop on the BRLF? Just asking since I heard a box full of manifests were delivered.
GP2223
To:
Subject:

Weems, George (EEC)
RE: manifests
Not a word; you just shared with me more than I am aware of.
I am delighted we had the chance to work together.

George

(
Subject: manifests
GP2224
it/lm:.
Sent:
To:
Subject:
Weems, George {EEC)

RE: manifests
You too. Now, enjoy the lack of Blue Ridge Landfill hassle. Act like it never existed!

Not a word; you just shared with me more than I am aware of.
I am delighted we had the chance to work together.
George

ent: T.hursd.ay, March 31, 2016 11:29 AM
: Partridge, George (EEC)
bject: manifests
-.i
GP2225
Subject:

Monday, April 04, 2016 7:48 AM
RE: Interview with AG for Friday, April 8th
Tracking:
Recipient
Delivery
Read
Read: 4/4/2016 8:14 AM
Anderson, Danny J (EE()
Read: 4/4/2016 8:19 AM
Daniel;
I am preparing for the meeting next Friday by printing out email messages which will b.e helpful to refer to. I plan to
bring those in a binder as well as my file on TENORM. After the meeting I will be recycling all the documents in the
paper bins since everything is backed up electr~nically.
I work for the Solid Waste Branch and my preference is for Danny Anderson to be present (and Lindsey Briggs too if
Danny desires for him to be present). I have sought to keep them both informed on all the correspondence and
meetings/field trips that took place related to the incidents that are being investigated.
erything I do goes through Danny since he represents our Branch and I feel any meeting that pertains to anything I am
olved with or working on should include him or give him an opportunity to attend if he desires and feels it would be
e pful.
.
.
The Division of Waste Management reflects my life's work/vocation; it means a lot to me to be part of this Division and I
have its best interests at heart.
Thank you,
George
{ieor9e P. Partritfne Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
GP2226
.I
I~
GP2227
Im=
ro:
Sent:
Subject:
Microsoft Outlook
Delivered: RE: Interview with AG for Friday, April 8th

Anderson, Danny J (EEC)(Danny.Anderson@ky.gov)
Subject: RE: Interview with. AG for Friday, April 8th
'
GP2228
.. Partrid&e, Georae (EEC)
'm:
Sent:
Subject:
Microsoft Outlook

Cleveland, Daniel (EEC) (Daniel.Cleveland@ky.gov)
Subject: RE: Interview with AG for Friday, April
6th
1
I
,
1
GP2229
.om: .... .
";:
Sent:
Subject:
Microsoft Outlook
Your me$sage has been delivered to the following recipients:

Subject: RE: Interview with AG for Friday, April 8th
'
GP2230
l~m:
o:
Sent:
Subject:

.Monday, April 04, 2016 8:15 AM
Read: RE: Interview with AG for Friday, April 8th
Your message
To: Cleveland, Daniel (EEC)
Subject: RE: Interview wit~ AG for Friday, April 8th
Sent: Monday, April 04, 2016 7:47:49 AM .(UTC-05:00) Eastern Time (US & Canada)
was read on Monday, April 04, 2016 8:14:21 AM (UTC-05:00) Eastern Time (US & Canada) .
'
GP2231

. .om:
~o:
Sent:
Subject:

Read: RE: Interview with AG for Friday, April 8th
Your message
Sent: Monday, April 04, 2016 7:47:49 AM (UTC-05:00) Eastern Time (US & Canada)
was read on Monday, April 04, 2016 8:18:51 AM (UTC-05:00) Eastern Time (US & Canada) .
GP2232
GP2233
Partridae, Georae (EEC)
A.._m

~artridge, George (EEC)
RE: RE: Interview with AG for Friday, April 8th
-,mt:
To:
Cc:
Subject:
"
No problem George. I'll advise the AG investigator of your request.
Daniel Cl~veland, Attorney

2 Hudson Hollow
Frankfort, KY 40601
ph.(502) 564-2356 ext. 640
fx. (502) 564~9212
Daniel.Cleveland@ky.gov
Confidentiality Notice: This communication contains information which is confidential, attorney work product and
covered by the attorney-client privilege. It is for the exclusive use of the intended recipient(s). Please. note that any form of
distribution, copying, forwarding or use of this communication or the information therein is strictly prohibited and may be
unlawful. If you .have received this communication in error please return it to the sender and then delete the
communication and destroy any copies.
From:
Partridge,
(EEC)
~nt: Monda.y, April 04, 2016 7:48 AM
91: Cleveland, Daniel (EEC)
Cc: Anderson, Danny J (EEC); Briggs, Lindsey (EEC)

Daniel;
I am preparing for the meeting next Friday by printing out email messages which will be helpful to refer to. I plan to
bring those in a binder as well as my file on TENO RM. After the meeting I will be recycling all th.e documents in the
paper bins since everything is backed lip electronically.
I work for the Solid Waste Branch and my preference is for Danny Anderson to be present (and Lindsey Briggs too if
Danny desires for him to be present). I have sought to keep them both informed on all the correspondence and
meetings/field trips that took place related to the incidents that are being investigated.
Everything I do goes through Danny since he represents our Branch and I feel any meeting that pertains to anything I am
involved with or working on should include him or give him an opportunity to attend if he desires and feels it would be
helpful.
The Division of Waste Management reflects my life's work/vocation; it means a lot to me to be part of this Division and I
have its best interests at heart.
~nkyou,
.rge
GP2234
<;ieorge P. Partri.tffJe Jr.

Frankfort, KY 40601
(502) 564-6716 ext. 4651
1~-
I .
.2
GP2235
'
~rom:
~ent:
To:
Subject:

Wednesday, April 06, 2016 1:09 PM
FW: Where is the outrage over illegal dumping of tracking waste?
http://www.kentucky.com/opinion/op-ed/article70127627.html
GP2236

. . .om:

Wednesday, April 06, 2016 1:16 PM
RE: Where is the outrage over illegal dumping of fracking waste?
~ent:
TO:
Subject:
Todd;
Thank you!
_____________ ___
George
"

Sent: Wednesday, April 06, 2016 1:09 PM
Subject: FW: Where is the outrage over illegal dumping of fracking waste?
http://www.kentucky.com/opinion/op-ed/article70127627.html
GP2237
----------
~- bject:
~cation:
"
Interview with AG
Start:
End:
Show Time As:
Fri 4/8/2016 9:30 AM

Fri 4/8/2016 12:00 PM
Tentative
Recurrence:
(none)
Meeting Status:
Accepted
Organizer:
Required Attendees:
Optional Attendees:

-Partridge, George (EEC)
Categories:
Green Category
UPDATED TIME - Hon. Barbara Whaley and Matt Easter will be at the office at approximately 10 AM. I've set this for
9:30 so I can try to answer any questions SWB might have ahead of time.
Just putting this in as a tentative meeting holder. I'm still waiting on a response from Matt Easter at the AG's office
GP2238

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Dr.

Partridge, George (EEC)

Anderson, Danny J (EEC)

See comments below in red

From: Partridge, George (EEC)

Cc: Briggs, Lindsey (EEC)

Blue Ridge Landfill [NOV Items]

Violation for disposing of unpermitted waste in landfill

Violation for refusal to provided requested ma~ifests in a timely manner.

Blue Ridge Landfill [Action Items]

Kentucky for 2015 through first quarter of 2016.

Long-Term Regulatory Goals

I hope you will find this helpful.

{ieorge P. Partridjje Jr.

Partridge, George (EEC)

Partridge, George (EEC)

From: Higginbotham, Jeri (EEC)

From: Partridge, George (EEC)

From: Pendergrass, Curt (CHFS DPH)

Sent: Friday, February 12, 2016 5:02 PM

To: Partridge, George (EEC)

From: Partridge, George (EEC)

Sent: Friday, February 12, 2016 4:48 PM

From: Pendergrass, Curt (CHFS DPH)

Sent: Thursday, February 11, 2016 2:20 PM

. l have neve LSee n suchmisrepresentalion.in.theenvirnn ment.alfLeldin_my.c.areechy.Lndiv.idu.als.!hatknow~~~~~,----

(jeorge P. PartridiJe Jr.

From: Pendergrass, Curt (CHFS DPH)

Sent: Tuesday, February 09, 2016 8:13 AM

Subject: RE: Vice President of Advanced TENORM Services

211.863 Control of commerce of low-level radioactive waste in and out of Kentucky

-f~ttt!f:'~' ': r;[~tlllilti~it~f~filf~mcky,

211.862 Definitions for KRS 211.861to211.869. http://www.Irc.ky.gov/statutes/statute.aspx?id=8501

,' '- '''-~--.

?. ' ,,_ : ,,,~ . ' , / - ,_,. '""''-, q, .,

_!S "- . -,'- _. (>": "'; ~

'-'7<, '.' 'f -

Curt Pendergrass PhD

Kentucky Radiation Health Branch

From: Partridge, George (EEC)

Sent: Monday, February 08, 2016 5:52 PM

Cc: Briggs, Lindsey (EEC)

Subject: RE: Vice President of Advanced TENORM Services

From: Dr. Leong Ying [mailto:leong.ying@klytec.com]

Sent: Monday, February 08, 2016 5:29 PM

Cc: Cory Hoskins ; Robert Brenna ; Richard Yuen

Subject: RE: New Comment from KLYSTAR.com

Dr. Leong Ying

From: george.partridge@ky.gov [mailto:george.partridge@ky.gov]

502-564-6716 Ext 4651

No virus found in this message.

Partridge, George (EEC)

Higginbotham, Jeri (EEC)

That's great. We will call at 11:00.

From: McKeePerez, Nancy [mailto:McKeePerez.Nancy@epa.gov]

Sent: Thursday, February 18, 2016 3:02 PM

Nancy McKee Perez

Sent: Thursday, February 18, 2016 2:59 PM

.bject: RCRA question

Kentucky Radiation Health Branch

From: Higginbotham, Jeri (EEC)

Sent: Friday, February 19, 2016 2:01 PM

Partridge, George (EEC)

Partridge, George (EEC)

_ ,_,,_,__ ,,,,_,,,,,.,,..