July 9, 2002

 

Sent via Certified Mail

           

Spencer Abraham, Secretary

U.S. Department of Energy

1000 Independence Ave., S.W.

Washington, D.C.  20585

     

John Ashcroft, Attorney General

U.S. Department of Justice

5111 Main Justice Bldg.

10th and Constitution Ave., N.W.

Washington, D.C.  20530

                       

Christine Todd Whitman, Administrator

U.S. Environmental Protection Agency

401 M Street, SW

Washington, DC 20460

 

John Iani, Regional Administrator, Region X

U.S. Environmental Protection Agency

1200 Sixth Avenue                                                     

Seattle, WA 98101

 

C. Stephen Allred, Director

Idaho Department of Environmental Quality

1410 N. Hilton

Boise, ID 83706

 

Warren Bergholz, Jr., Acting Site Manager

U.S. Department of Energy

Idaho Operations Office

850 Energy Drive, MS 1108

Idaho Falls, ID  83401

                                         

60 Day Notice of Intent to Sue Over DOE’s Failure to Comply with the Resource Recovery and Conservation Act, (42 U.S.C. § 6901 et seq); the Clean Water Act (33 U.S.C. § 1251 et seq.); the Clean Air Act (42 U.S.C. § 7401 et seq.); Safe Drinking Water Act (42 U.S.C. 300 F, et seq.); the National Environmental Policy Act ( 42 U.S.C. § 4332 et seq.); the floodplain/wetlands requirements of 10 CFR 1021 et seq.; DOE Orders 5400.1, 5400.5; Plaintiffs’ rights to Due Process under the U.S. Constitution and the Administrative Procedures Act, 5 U.S.C. §§ 701-706 (APA) in operation of facilities at the Idaho National Engineering and Environmental Laboratory (INEEL) including the High Level Liquid Waste Evaporator (HLLWE), the Process Equipment Waste Evaporator (PEWE), the Liquid Effluent Treatment and Disposal facility (LET&D), New Waste Calcining Facility (NWCF), Tank Farm Facility (TFF), the Service Waste System (SWS), the two Percolation Ponds, ancillary equipment and injection well at located at INTEC.

 

Dear Sirs/Madame      ,

 

      The Environmental Defense Institute, Inc. (EDI), Keep Yellowstone Nuclear Free, Inc. (KYNF), both non-profit public interest organizations, and David B. McCoy, resident of Idaho Falls, ID, (collectively “Plaintiffs”) hereby give Notice of Intent to Sue to the U.S. Environmental Protection Agency  (EPA) , the Idaho Department of Environmental Quality (IDEQ) and the U.S. Department of Energy (DOE) pursuant to the above statutes.

      The Resource Conservation and Recovery Act (RCRA) requires permitted operations for hazardous waste treatment, storage, and disposal facilities.  None of the above cited INEEL  facilities located at the Idaho Nuclear Technology and Environmental Center (INTEC) operate with a RCRA permit. As shown below, the above cited INTEC facilities present an imminent and substantial danger to the public health and environment.  With respect to the cited INTEC facilities, DOE has knowingly and systematically violated RCRA, the Clean Water Act  (CWA), the Clean Air Act (CAA), the National Environmental Policy Act (NEPA), Executive Orders and DOE Orders.

 


I.        Summary of Issues

      Construction for the High-Level Liquid Waste Evaporator (HLLWE) at the Idaho National Engineering and Environmental Laboratory (INEEL) was initiated in 1993 and operation of the HLLWE as a new facility began in 1996.  The HLLWE has processed over 4 million gallons of high level radioactive liquid and mixed hazardous wastes without a RCRA permit. DOE is required but has failed to submit an application for a RCRA permit for the HLLWE.  The HLLWE has operated at all times without a RCRA permit and without interim status.

        The whole purpose of obtaining state and federal permits for a new facility in advance of construction and operation is to protect the public and environment from the operations of  facilities which have not received proper scientific and regulatory scrutiny.  The HLLWE has failed to comply with the RCRA requirements for new facilities. DOE failed to obtain a prerequisite RCRA permit 180 days before beginning construction.

      Moreover, DOE  has never complied with the statutory requirements to have obtained interim status for the HLLWE because the HLLWE was not “in existence” by July 3, 1986, i.e., under construction, in operation, or with unavoidable contractual commitments.  Interim status is granted only by statutory compliance.  Interim status cannot be conferred by a permitting agency, consent order or by merely listing a facility on the Part A application as DOE did for the HLLWE.

      The LET&D was also a new facility that required a RCRA permit prior to its construction and operation. The LET&D never met statutory requirements to qualify for interim status because the LET&D was not in existence by 7/3/86.   DOE failed to obtain a RCRA permit in advance of construction and operation of the LET&D.

      The public has been denied opportunity for notice and meaningful hearings for the HLLWE and LET&D, prior to their construction and operation as new facilities, including the right to review plans, comment, receive written responses, review a draft permit and challenge the draft. 

      DOE failed to provide proper notice in the Federal Register for the HLLWE, the LET&D and the PEWE, required because they are actions within the floodplain. 10 CFR 1022 et seq.  Floodplain requirements mandate an environmental impact statement and consideration of alternatives to constructing hazardous waste treatment, storage and disposal facilities in the floodplain above the Snake River Plain aquifer.

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[6481EWoi2-318aSlF7769xPjB1-810tNfX7279rJbT0-420nGyS6881kCwO0-032gAsK@64] From hannah134@aarhusfestuge.dk Sun Dec 9 19:22:13 2001 Received: from lowblow.svc.tds.net (lowblow.svc.tds.net [204.246.1.39]) by smithers.svc.tds.net (8.9.3/8.9.3) with ESMTP id TAA19972 for ; Sun, 9 Dec 2001 19:22:13 -0600 (CST) From: hannah134@aarhusfestuge.dk Received: from www.shin-wha.co.kr ([203.234.166.4]) by lowblow.svc.tds.net with SMTP id <20011210012211.PUBH1072.lowblow@www.shin-wha.co.kr>; Sun, 9 Dec 2001 19:22:11 -0600 Received: from hr (unverified [203.104.78.146]) by www.shin-wha.co.kr (EMWAC SMTPRS 0.83) with SMTP id ; Mon, 10 Dec 2001 09:35:35 +0900 Message-ID: <00006dfe2178$000008af$00002e3f@if.usp.br> To: Subject: Judgment Processing Professional Date: Sun, 09 Dec 2001 16:45:17 -0800 MIME-Version: 1.0 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook IMO, Build 9.0.2416 (9.0.2910.0) Status: RO X-INAT: INAT declared Unknown Thank you for your interest!!!

Judgment Courses offers an extensive training
course in
"How to Collect Money Judgments" . s"4"

If you are like many people, you are not even sure what a
Money Judgment is and
why processing Money Judgments
can earn you very substantial income
.

If you ever sue a company or a person and you win then you
will have a Money Judgment against them.

You are happy you won but you will soon find out the
shocking fact: "Its now up to you to collect on the
Judgment". The court does not require the loser to pay you.
The court will not even help you. You must trace the loser
down, find their assets, their employment, bank accounts,
real estate, stocks and bonds, etc.

Very few people know how to find these assets or what to do
when they are found. The result is that millions of
Judgments are just sitting in files and being forgotten.

"In 79% of the cases the winner of a Judgment never sees a
dime."

The non-payment of judicial debt has grown to epidemic
proportions. Right now in the United States there is
between
200 and 300 billion dollars of uncollected Money<= BR> Judgment debt . For every Judgment that is paid, 5 more
Judgments take its place.

We identified this massive market 8 years ago and have
actively pursued Judicial Judgments since. We invented this
business. We have perfected it into a well proven and solid
profession in which only a select few will be trained in the
techniques necessary to succeed.

With our first hand experience we have built a course which
teaches you how to start your business in this new unknown
and exciting field of processing Money Judgments.

By following the steps laid out in our course and with
reasonable effort you can become very successful in the
processing of Money Judgments.

The income potential is substantial in this profession.
We
have associates who have taken our course and are now
working full time making $96,000.00 to over $200,000.00 per
year. Part time associates are earning between $24,000.00
and $100,000.00 per year
. Some choose to operate out of
their home and work by themselves. Others build a sizable
organization of 15 to 25 people in attractive business
offices.

Today our company and our associates have over 126
million dollars in Money Judgments that we are currently
processing. Of this 126 million, 25 million is in the form
of joint ventures between our firm and our associates.
Joint ventures are where we make our money. We only break
even when our course is purchased. We make a 12% margin on
the reports we supply to our associates. Our reporting
capability is so extensive that government agencies, police
officers, attorneys, credit agencies etc., all come to us
for reports.


Many of our associates already have real estate liens in
force of between 5 million to over 15 million dollars.
Legally this means that when the properties are sold or
refinanced our associate must be paid off. The norm is 10%
interest compounded annually on unpaid Money Judgments.
Annual interest on 5 million at 10% translates to
$500,000.00 annually in interest income, not counting the
payment of the principal.

Our associates earn half of this amount or $250,000.00 per
year. This is just for interest, not counting principle
and not counting the compounding of the interest which can
add substantial additional income. Typically companies are
sold for 10 times earnings. Just based on simple interest
an associate with 5 million in real estate liens could sell
their business for approximately 2.5 million dollars.

92% of all of our associates work out of their ho= me; 43%
are women and 36% are part time
.

One of the benefits of working in this field is that you are
not under any kind of time frame. If you decide to take off
for a month on vacation then go. The Judgments you are
working on will be there when you return. The Judgments
are still in force, they do not disappear.

The way we train you is non-confrontational. You use your
computer and telephone to do most of the processing. You
never confront the debtor. The debtor doesn't know who you
are. You are not a collection agency.

Simply stated the steps to successful Money Processing
are as follows:

Mail our recommended letter to companies and individuals
with Money Judgments. (We train you how to find out who
to write to)

8% to 11% of the firms and people you write will call you
and ask for your help. They call you, you don't call them
unless you want to.

You send them an agreement (supplied in the course) to
sign which splits every dollar you collect 50% to you and
50% to them. This applies no matter if the judgment is for
$2,000.00 or $2,000,000.00.

You then go on-line to our computers to find the debtor
and their assets. We offer over 120 powerful reports to
assist you. They range from credit reports from all three
credit bureaus, to bank account locates, employment
locates, skip traces and locating stocks and bonds, etc.
The prices of our reports are very low. Typically 1/2 to
1/3 of what other firms charge. For example we charge
$6.00 for an individuals credit report when some other
companies charge $25.00.

Once you find the debtor and their assets you file
garnishments and liens on the assets you have located.
(Standard fill in the blanks forms are included in the
course)

When you receive the assets you keep 50% and send 50% to
the original Judgment holder.

Once the Judgment is fully paid you mail a Satisfaction of
Judgment to the court. (Included in the course)

Quote's from several of our students:

Thomas in area code 516 writes us: "I just wanted to drop
you a short note thanking you for your excellent course.
My
first week, part time, will net me 3,700.00 dollars
. Your
professionalism in both the manual and the video opened
doors for me in the future. There's no stopping me now.
Recently Thomas states he has over $8,500,000 worth of
judgments he is working on.

After only having this course for four months, Larry S. in
area code 314 stated to us: "
I am now making $2,000.00 per
week
and expect this to grow to twice this amount with= in the
next year. I am having a ball. I have over $250,000 in
judgments I am collecting on now."

After having our course for 7 months Larry S. in 314 stated
"
I am now making $12,000.00 per month and have approximately
$500,000.00 in judgments I am collecting on. Looks like I
will have to hire someone to help out"

Marshal in area code 407 states to us "I feel bad, you only
charged me $259.00 for this course and it is a goldmine. I
have added 3 full time people to help me after only having
your course for 5 months"

From the above information and actual results you can see
why we can state the following:

With our course you can own your own successful business.
A business which earns you substantial income now and one
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retire on and travel the world. A business which is
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None of your days will be hum-drum. Your brain is
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If the above sounds interesting to you then its time for you
to talk to a real live human being, no cost or obligation
on your part.

Please call us at 1--4 0 6 --6 5 2 --0 1 9 4 ..

We have Service Support
staff available to you from 8:00am to
9:00pm (Mountain Time) 7 days a week
. If you call this number
you can talk to one of our experienced Customer Support personnel.
They can answer any questions you may have - with no obligation.
Sometimes we run special pricing on our courses and combinations
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Thank you for your time and interest.















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From dns@dnsadmin.cw.net Sun Dec 9 19:24:09 2001 Received: from chruser.svc.tds.net (chruser.svc.tds.net [204.246.1.38]) by smithers.svc.tds.net (8.9.3/8.9.3) with ESMTP id TAA19978 for ; Sun, 9 Dec 2001 19:24:09 -0600 (CST) Received: from dnsadmin.cw.net ([204.70.128.3]) by chruser.svc.tds.net with ESMTP id <20011210012409.QDXO5615.chruser@dnsadmin.cw.net>; Sun, 9 Dec 2001 19:24:09 -0600 Received: (from dns@localhost) by dnsadmin.cw.net (8.9.1/8.9.1) id BAA01940; Mon, 10 Dec 2001 01:24:08 GMT Date: Mon, 10 Dec 2001 01:24:08 GMT Message-Id: <200112100124.BAA01940@dnsadmin.cw.net> From: CW DNS Suspension Reply-to: CW DNS Suspension Precedence: bulk To: dnsadm@tds.net, hostmaster@tds.net Subject: Suspension of Secondary DNS for ablretax.com X-NuKeMeNoW: this line is here to (hopefully) avoid nasty mail loops Status: RO X-INAT: INAT Deleted because this a cw Notify message X-INAT: Parsed Properly in parser 2 ********************************* * This is an automated message. * ********************************* Mon Dec 10 01:24:08 GMT 2001 You are receiving this message because you are registered as the point of contact for ablretax.com in the CW secondary DNS database. Here is the relevant database entry for this zone: action: new zone: ablretax.com billing ID: 02829571 primary server name: ns.tds.net primary server IP address(es): 204.246.1.20 primary contact name: TDSNET DNS Administrator primary contact email address: dnsadm@tds.net primary contact phone number: (608) 664-4688 alternate contact name: TDSNET Internet Services alternate contact email address: hostmaster@tds.net alternate contact phone number: 1-888-815-5992 changed: 001207-02:23:33 root@moe.svc.tds.net last template: 20011206-0052.0001.0001 secondary nameserver: ns.cw.net 204.70.128.1 Secondary DNS for: ablretax.com has been suspended, since the primary nameserver for this zone as registered with CW is unable to properly respond to a query for the SOA (start of authority) record. ********************************************************************** ** We have not disabled anything that wasn't already broken. ** ** Secondary DNS for this zone has either never worked, or has not ** ** worked for at least 60 days. This message is very typical if ** ** your CW circuit has not yet been activated. ** ********************************************************************** One of four conditions has been met: (1) CW has not been able to obtain a response to an SOA query for this zone from the primary nameserver listed above for the past three days, and no SOA response has ever been received previously. This is normal if the primary nameserver has not yet been installed at the IP address listed above. New customers should expect to see this message if their nameserver/connection is not yet up. (2) CW was formerly able to obtain a response to an SOA query for this zone, but the primary nameserver listed above has not responded to such queries for 60 days. You may need to review the configuration of your nameserver. If you are no longer using the zone listed above, please submit a secondary DNS template with an action of 'delete'. (3) CW has not been able to obtain an *authoritative* response to an SOA query for this zone from the primary nameserver listed above for the past three days, and no *authoritative* SOA response has ever been received previously. This can occur if the nameserver is misconfigured (syntax errors in the zonefile often cause this to happen), or if the nameserver is not configured to serve the zone in question at all, but has cached an SOA record (which it learned by recursively querying another nameserver) for the zone. (4) CW was formerly able to obtain an *authoritative* response to an SOA query for this zone, but the primary nameserver listed above has not responded *authoritatively* to such queries for 60 days. You may need to review the configuration of your nameserver. If you are no longer using the zone listed above, please submit a secondary DNS template with an action of 'delete'. SOA queries for this zone will be performed daily, and secondary DNS will automatically be re-enabled if the primary nameserver is found to be working properly. You will receive another email notification at that time. If the information listed in this template is not correct, then an updated CW secondary DNS template should be submitted for this zone. If secondary DNS for this zone is no longer needed, then an CW for this zone. CW DNS templates can be submitted via our web server, infopage.cw.net. It is necessary for CW to suspend secondary DNS for zones that are not being served properly. This removes unnecessary load from our nameservers, permitting them to operate more efficiently. If you need help debugging your name server, please contact hostmaster@cw.net. You should not receive another suspension notice for this zone for two weeks. Testing information: Last SOA response: never Failed SOA queries: 3 Last authoritative SOA response: never Non-authoritative SOA responses: 3 ************************************************************************* For further DNS information, please consult http://infopage.cw.net or ftp://ftp.cw.net/pub/dns/CW.dns.info. Any follow-up email should be directed to dns@cw.net. ************************************************************************* From caddex2@media5.magma.ca Sun Dec 9 19:29:41 2001 Received: from chruser.svc.tds.net (chruser.svc.tds.net [204.246.1.38]) by smithers.svc.tds.net (8.9.3/8.9.3) with ESMTP id TAA20119 for ; Sun, 9 Dec 2001 19:29:41 -0600 (CST) Received: from mx1.magmacom.com ([206.191.0.217]) by chruser.svc.tds.net with ESMTP id <20011210012941.QHFM5615.chruser@mx1.magmacom.com> for ; Sun, 9 Dec 2001 19:29:41 -0600 Received: from media5.magma.ca (media5.magma.ca [64.26.174.71]) by mx1.magmacom.com (8.9.3/8.9.3) with ESMTP id UAA10319; Sun, 9 Dec 2001 20:24:53 -0500 (EST) Received: (from caddex2@localhost) by media5.magma.ca (8.12.1/8.12.1/Submit) id fBA1NHpw018646; Sun, 9 Dec 2001 20:23:17 -0500 (EST) Date: Sun, 9 Dec 2001 20:23:17 -0500 (EST) Message-Id: <200112100123.fBA1NHpw018646@media5.magma.ca> To: Consumer@isp.com From: MakeMoneyOnline@isp.com () Subject: Six-figure income from home, guaranteed! 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Click below for more info http://www.instantempires.net/money2/ --------------------------------------------------------------------------- From g17666@fun.21cn.com Sun Dec 9 19:58:37 2001 Received: from chruser.svc.tds.net (chruser.svc.tds.net [204.246.1.38]) by smithers.svc.tds.net (8.9.3/8.9.3) with ESMTP id TAA21545 for ; Sun, 9 Dec 2001 19:58:37 -0600 (CST) From: g17666@fun.21cn.com Received: from ktcf.co.kr ([203.229.144.250]) by chruser.svc.tds.net with ESMTP id <20011210015836.QVIF5615.chruser@ktcf.co.kr>; Sun, 9 Dec 2001 19:58:36 -0600 Received: from lemailparisien.com (PPPa131-nas3rack6017.dialinx.net [65.44.224.131]) by ktcf.co.kr (8.11.1/8.11.1) with SMTP id fBA1p9f09853; Mon, 10 Dec 2001 10:51:10 +0900 (KST) Message-Id: <200112100151.fBA1p9f09853@ktcf.co.kr> To: Subject: OTCBB Investment Profile Date: Sun, 09 Dec 2001 21:10:39 -0500 MIME-Version: 1.0 Content-Type: text/plain; charset="Windows-1252" Content-Transfer-Encoding: 7bit X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 5.00.2615.200 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2615.200 X-INAT: INAT declared Unknown Knowledge Networks, Inc. (OTCBB : KWNR) Immediate & Strong BUY Recommendation Huge Analyst and Newletter Coverage this week for KWNR! This Wednesday, KWNR will be profiled by some major analysts and newsletters along with the release of significant news regarding explosive sales for the Company. There will be huge volume and a strong increase in price for several days. The same groups that featured CYLK wilount:2'>                                               

            For more information please contact:

 

 

                                   

__________________________   date:

David B. McCoy

2940 Redbarn Lane

Idaho Falls, ID 83404

V. 208 542-1449

F.  208 552-0565

E. dmccoy01@earthlink.net

 

 

____________________________ date:

Chuck Broscious, Executive Director

Environmental Defense Institute

P.O. Box 220

Troy, Idaho 83871

V. 208-835-6152

F. 208-835-5407

E. edinst@tds.net

 

 

____________________________ date:

Erik Ringelberg

Executive Director

Keep Yellowstone Nuclear Free, Inc.

P.O. Box 4838

Jackson, WY 83001

V. 307-732-2040

F. 307-732-0129

E.  kynf@yellowstonenuclearfree.com