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IndustrialUast~Recyc1ingi:orp PHONE

NO. :

847+891÷8331

Jul. 31 2003 01:59FM Fl

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InclustrLalhiasteRecyclinqCarp PHONE NO.

:

847+891+8331

Jul. 31 2083 81:59FM P2

MichaelStrln~ini

RespondewTt

~n

Response

to

the Motion for Summary Judgement

PaopI~v.

Strk~ini

PCBOI-43

-

•(RCRA

Enfor~enient)

•

F

object to this motion on the grounds

that

the activity I was engaged in, metal and

mfneral

recovery,

did notfa~under RGRAjurisdiction. From the time I first

• approached

Sloan I

was

interested in their scrap

metals

primarily, I had been in

•the scrap metal business since 1~69and had only recently become interested in

sand. Spent foundry sand not

as

valuable as dross or skirnmings, but sand is

much less hazardous, rich brass fines would be even more ha~rdous,my point

is thata

pile

of

rich bras~sfines would not fall under RCRA because it is Ji~ea p~e

of money waitthg to be scooped ~.rp,it

is only

because no erie scoops ft up that it

would

become

a

waste issue. When the Zimmerman property was being

remedisted

I

offered

to

recycle

the rnatenal

and

all

they

had to do w~

ship it. My

offer was not taken seriously, arid I believe

the

sand

went to a

lanth~i

which

• should never have

happened and was

~ufteaSainst

my wil’.

had

contacts with

• firms

who would

r~ycie

the

sand Into Portland cement Portland cement

rrwiufacture votves~heaUng

th~

sand

to suph a high

temperature that It tums

to

glass. Metals in the send become iiietasiilcatas which do not oxidize

and

are not

hazardous in any case. Portland cement

nufacturers routhely buy hIgh sU~ca

sand

for

their k~nsand so

do

Primary smelters,

In fact I

am

in

nego’tia~cnSwith

a

Primary

Smelter

to buy sand for

a

discount that ~ hazardous Waste under RCRA!

I’m gQing to get the

generators

delisted and

tho

sand recycled,

for the

Smelters

the metal

in

the sand

is a

bonus, the content

of metals

being equivalentto a

natural

mine. In

the case ofSloan the sand in question was

not a

hazardous

waste

under

RCRA

and

the

actMty 1 was engaged

in

was not regulated

by

RCRA,

was

not waste

related, was not

a landfill, I

was

engaged

in

mineral

recovery. With regard

to the

charge

of abandoning the sites

Sloan abandoned me,

misled

and deceived

me,

breaking

verbaIa~reements

we had

made!

which

c~use~me to

~o~emy

business,

that ws~

rlot according

to my wUl or under my

cbi~frO1or powar ‘to

change.

I mc~on

for

summary

dismissal.

Mike Stringlni

Page

2 of

Id

I1dLI~C ~88E IE

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