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. ~'. the water analysis of the North Fork Gunnison above the West Elk Mine (1994 AHR report). Flows measurements of the North Fork range from 1534 cfs to 88609 cfs. The spring is roughly .Ol cfs. The flow from the spring that could possibly pick up these metals in the soil is insignificant to the flow and water quality of the North Fork River. Based on this information, I recommend that the soils remain in place rather than placed in a landfill. This additional money ($1,650) could be used for the additional incineration cost. The "generator" issue needs to be resolved by DMG and possibly the Attorney General's office prior to disposal of this toxic material. According to TSCA, 40 CFR Part 661, a generator is defined as the following; ..any person whose act or process produces PCBs that are regulated for disposal under subpart D of this part or whose act first causes PCBs or PCB items to become subject to the disposal requirements of subpart D of this part or who has physical control over the PCBs when a decision is made that the use of the PCBs has been terminated and therefore is subject to the disposal requirements of subpart D of this part. Unless another provision of this part specifically requires aaste-specific meaning "generator of PCB waste" includes all of the sites of PCB waste generation owned or operated by the person who generates PCB waste. According to Dan Bench of EPA, in our case the State of Colorado, or the landowner is the "generator" of the waste at Hawk's Nest. Western Slope Carbon was the operator of the site at the time of forfeiture, but we can't list Western Slope as the generator because none of the officers are around to sign the Waste Profile Sheet (unless we go after Peter Mathesis). The land owner is either BLM or Somerset, and I highly doubt we can get them to sign off as being a "generator". I also spoke with a representative with the Colorado Department of Transportation. In a situation similar to this where material has been abandoned on highways, CDOT does sign the waste profile sheet as a "generator". According to TSCA, PCB substances must be properly disposed within 30 days. I have requested that Walsh Environmental send the Division a blank Waste Profile Sheet so we may determine who will be listed as the "generator". It is important that we dispose of this material as soon as possible to avoid regulatory problems with the EPA. We need to determine who is the "generator" of the waste and who will sign the Waste Profile Sheet that is required for proper disposal of the material. c:\wp51\hawk\951012