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Document - Historical information/data - Information on petition signed by Eagan residents regarding ground pollution by Gopher Smelting. - 1/7/1963
'EDWARD B. McMENOMY ASST. DAKOTA CO.ATTORNEY SAMUEL H. HERTOGS CITY ATTORNEY, HASTINGS McMENOMY AND HERTOGS ATTORNEYS AT LAW FIRST NATIONAL BANK BUILDING HASTINGS, MINNESOTA AHERN BUILDING ROSEMOUNT, MINNESOTA 'January 7, 1963 TELEPHONES HASTINGS GE 7-3148 ROSEMOUNT GA 3-4801 TWIN CITIES CA 4 - 9307 ,Mrs. Alyce Bo1ke Clerk of Eagan :Township 1365 Deerwood Drive :Saint.Paul (Dakota County), Minnesota Re Leonard Des`Lauriers vs. Gopher. Smelting and .Refining-Cp. Dear Ivlrs. .Bolke.:• ,Pursuant to our telephone conversation of January 4, 1963 please be advised that.we represent Leonard Des Lauriers in the above matter. You"are aware that the matter concerns alleged pollution of the ground and 'air in the vicinity of.:the Gopher Smelting & Refining Co. by said -Company. Mr. Des Lauriers has had one cow die and now has three Under - treatment for leadpoisoning. 'He believes that there. may' be`a Continuing danger both.to livestock and human life in the- area. As his attorneys we are concerned about the methods presently.;being-used•by the company to control the exhaust from their production.operation.• • We request that this matter be taken up at the next town board --•meeting ;and that the board pass a resolution authorizing and directing a representative of the board to inspect the plant. We ..further request that we.be notified as -to who will make the.inspection-and when it will,be made. Mrs. Alyce Bolke January 7, 1963 Page Two It is our hope that the inspector will permit an expert" witness -to be employed by us to accompany him. Thank you for your consideration. Very truly yours, McMENOPIY AND HERTOGS by Edward B. McMenomy. EBM:mlb cc Mr. E. C. Meisinger Attorney for Fees 940 South Robert Street West Saint Paul, Minnesota January 15, 1963 We, the undersigned residents and/or property owners of Egan township, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. Copies To: 1±!ROME:KLUCK, County Attorney PAUL THUET,.State Senator WALTZ KLAUS, State Representative ip Lae ,(0.„0 ca.z, ..54PazeL/04-7/e.-0 P- gA2/ O We, the undersigned residents and/or property owners of Egan township, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. - 5-75 6h-re-,X-v-c-e, ae/-141,6i_) - -7 3- 47-z-e if 4-id — 5- 3 5- c,,Jk 11 - 6- gA‘47/tfae 1,(a/ne 4111 66(441. //, /7111 212 ./971a,aa-trYt. / (fej /4/ - y yr-) e W(A ,iLitIA-) L‘ 0 *714<7 ‹Ic7; //r ( eac-f-eY As21//` x)4 f , , I( () . /14, RA4 A)7t-Pct.c.i. 7/ /(/ 1 li We, the undersigned residents and/or property owners of Egan township, request that . our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to publie health or property. `7&..c /7, 7i-- dtAA-eiC SCaa 72'7?71/ °*122" 2P-*:,./Otc>1/1 224 , '3 3 ) a 3 /'.4e '/2 -/ 18 a I P 1' sus (r -0 W c/`t-' - A'/J% ti if 14.2 4) iC / .36a bea)i/x 4' X 2 ioef.� ?� 4, /Pig , aPxte `R4 ¥-in C- - -7--6) I L.1. ,4 We, the undersigned —residents and/or property owners of Egan township, request that our Town Board take the necessary action to establish regulations, regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. cpf) 17214-. it fro . l / GU. Zgeel__ 7144-v. ,Pa,ka IL,v.)( (/) g (-kr(}'11),V (;)°- TraiD 9 6)///,,Aze '40.4frel Avt-x-, �sJ 510 o 11-vr_c_ iRo-mepr e� 01-;yie_ ,1l6I fie71 a o c -mac, Uea /ems, ( d ocatikRood- latv()dPeQ, fe,,,z. cad 6 6 �—rA_k./ ( J<Y v, g,,,,,e// X7ig 7 /3 -40--A-g 6164 -c-19, /#2-0/-c_ Odi of, 7Z, 47° ifdt.(„e_ f--e-6-7*-1-4/rcz 411- v1 \ We, the undersigned residents and/or property -owners of Egan township, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. 14-z)-(4J.,6:1 *A/ Ate' ge,t --JZL.Z6z it U 7 aik ..,A .c.*,4 /110-1A-401'1-)/4i .A*) G)d-kAll / /4/. jo.,-9-((, 6 e e,a,„/ )r._(„L, / 7_ ,)te/t 1.1 / 4/6 Poeie-e// 3.."./.767ae4.6/ R -laj 2a oa. 3 Si G ` ©a.lc CR-6k cc-k �3SG gs—t Xee 3 � S` j- omd'6��� We, the undersigned residents and/or property owners of Egan township, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. 777"- /—id "a/ ?/Vt /' r 7/ CA4V. ,41 7/ g,e-11-6 // /, ‘,24 J Qed/ We, the undersigned residents and/or property owners of Egan towhship, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. :!f 7.5' r • ?10 tjr2 � (/1?.,i14.;2.2—‘ ,z91 f-e14-a--br-e-e_ O e1 :‘/(71 .41,e-jpq 3 ell gz-re2 ,P J- 44,4- °*4--//' '. , — )/1-14, — ✓' 6 v6:/ 2 6 ,eee 4,''4 4 Li N.; • We, the undersigned residents and/or property owners of Egan township, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. 2-4,44 91/ace-I &--6 �G rho/- 'a ,_„ C'us17: „,-171.0./.41 ///6 1-7 7,--7/1 ro,„0: •6:)c.,„ez a14 JL11 t4 (k1 Po 5/-1- q, 4 3 D- ,/gA-L(/' 9Y---/);e-u-( / 3 (31,2,e-~-e-e--7-t-,--, -v 7/7 We, the undersigned residents and/or property owners of Egan township, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. ,e,e: 4,...,4_, 33 y! C) „(4/cM &ct--66 gce / n,64-1-& 1(5-/ i Pc7,,,eZ j717(1,1 0 _0/ I --0 czA-6/// ILi �-,-� ,p,c) Iv, ow 9 (yri,v 6-? g,e,e6, _4; �4. c ! ' ( j/ , fi�;>;�� G( .3070 1`6 f . 3 Z y /` // 4 . - r '2')/Z6e4-x-L7-1 .A..<24t/L evM c ,°\ \ . We, the undersigned residents and/or property owners of Egan township, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. %47,A_&pi efri J}"—Ir'e} We, the undersigned residents and/or property owners of Egan township, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. 21(k, Aert--48)0.0f1,.., -4, 271A_ 9g7 �P7 X4e& 7z- vdt" igt/S / V - /� u v,eerc---)-C- i 4 We, the undersigned residents and/or property owners of Egan township, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. ijoScL) 2 A We, the undersigned residents and/or property owners of Egan township, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. 4~ 2 0 L e/v ®4-/: D 42tailot We, the undersigned residents and/or property owners of Egan township, request that our Town Board take the necessary action to establish regulations regarding atmospheric, soil or water pollution which may be injurious or detrimental to public health or property. -A4r a4/7/40 seo if,(-er z/zel4 /41) xfQAAJ l l TO: Board of Supervisors Township of Egan Dakota County, Minnesota. Gentlemen: or The undersigned, being all residents and/property owners in the Township of Egan, County of Dakota, State of Minnesota, do hereby petition and respectfully demand that the said Town Board immediately revoke any and all licenses and permits issued to the Gopher Smelting and Refining Company for the operation of its plant located in Egan Township and, in addition thereto, institute such legal proceedings as may be necessary to temporarily and permanently restrain the said company from the operation of its said plant. This petition is based upon the fact that a substantial number of residents of Egan Township, including the undersigned, have been for a long period of time and are now and will continue to be subjected to irreparable injuries and damage to their personal health and to their property interests, including livestock, plant life and land. This request is further based upon the fact that all attemps to correct this dangerous situation by the Gopher Smelting and Refining Company have failed and, in fact, have created new dangers to the community. There is also substantial evidence that there has been bad faith exhibited on the part of Gopher Smelting and Refining Company in cooperating with the Town Board and with the Bain City Testing Laboratories in making tests and solving these problems. Your petitioners feel that damage done to the personal health of the residents of Egan Township and the injuries to their property interests far outweigh any advantage to the Township in allowing this plant to continue operations. We trust that the Town Board will assume the responsibilities delegated to them by the community and take the action requested herein. 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(c/f-2k- 6'4 `)J- e s( c4,tAl at I r-La )/11,ie - 3 2. k odec A3eLct_62 » )1)LQ- r3CLIEre- retwe 91/ \IVY\ LN-9",„ 1.k._ 3 k4 ,G ,fritze-4 Q a44.+41 r3T. .Pi/ 44i.%t )/4e:- /044(444d&Q14 (/&<,e 4 Q44414-r aLe.6a,d-e Pae-e / )11A)441- • G "� -- . 2 8 /0 A9 re.i,,/P44-1 ,;L •-; r 41"4-. e 70-7n 4,L-c-dio-- /c/a,e,aVJe' 98t1 /Pei/ Si/ • ./E.) ;c2 efiA)-7-7 d 71A-4 12.44, zak 11,1 e/m7144,41 ' • • 6 rduAe •-•4‘ n\)\"; t/`- AQ4/edd 1 724. /324J i1z 6 Zetrir-Z. 14 4". oCcf' y .(Feet ce_./ /104/ 6?-e-At'C - .f 4 612-296-7373 March 18, 1975 Mr. Irvine Kutof_f Gopher Si:e:l Ling Cc. 3 3 8:, South Highway 49 Eagan, nA 55121 Dear Mr. Kutoff: This will confirm items discussed during our inspection of March 11, 1375. You suggested and I agreed that inasmuch as you have a number of items underway wnich can affect either emissions from the stack or ambient concentrations or both, it would be reasonable to postpone testing. In particular, you have ordered a baghouse for cleanup of the air from the hooch over the lead refining pots, which are scheduled for delivery in Mid -tray. Accordingly we agreed to begin testing of the stack and the ambient air the first of July. You need an installation permit for the rew baghouse. Therefore you should send us information on this unit together with the flowsheet and flow information previously requester?. I also want to stress that a satitfactory methoc for recycling dust from the large baghouse back to the furnace is mandatory. We cannot issue an operating permit until this system is copc:ratiry reliably. I will call you later to arrange for my being there to observe dust released during unloading oxide from boxcars. We still ere nnc?ecided about the baghouse bypass. We need the flow - sheet information we have requested plus information on the procedures and alarm system which opens the bypass and shuts down the plant. Will you please furnish drawings detailing this system plus a description in writing as to how (including how fast) plant is shut down. EIC/sk i::nclosure : Sincerely, Li) I. CROWLEY, P.E. Engineering and Enforcement Section Division of Air Quality 4 MINNESO.TA POLLU T ION CONTROL AGENCY 1935 W. County Road 32, / Roseville, Minnesota 55113 612-296-7373 November 20, 1975 Mr. Irving Kutoff, President Gopher Smelting Co., Inc. 3385 South Highway 49 Eagan, MN 55121 Dear Mr. Kutoff: The Minnesota Pollution Control Agency stack test team made a test on the new stack at Gopher Smelting Company on October 21, 1975. This stack is the outlet for the two new baghouses as well as the large, older; baghouse. At the time of the test, the reverberatory and the blast furnaces were operating-atnormal production rates, according to plant•officials. Also, two refining pots were in operation and fumes therefrom were being exhausted through the two new baghouses: A two hour test of the exhaust was made using EPA Method. five. The results of this test show an emission concentration of 0.002 grains per standard cubic foot. This value is well under the limit allowed in Minnesota Pollution Control Agency' Regulation APC-5, namely 0.053 grains per standard cubic foot, and indicates compliance with this regulation. This emission is also well under the limit of 0.022 grains per standard cubic foot specified by the U.S. Environmental Protection Agency for Secondary Lead Smelters (40CFR Part 60 "Standards of Performance for New Stationary Sources") In addition the stack :was in compliance with APC-11 on Visible Emissions.. Determination of compliance of the plant with all Minnesota Pollu- tion Control Agency regulations is proceeding and.a decision on the operating permit will be .made soon. Yours truly, _" TIBOR KOSA, P.E.,.Chief Engineering and Enforcement Sect2c,n Division of Air Quality TK:EIC/if cc: D. Farkas, Davair Inc. B. Bloomquist, City of Eagan R. W. Rosene, Bonestroo, Rosene, Anderlik & Associates, Inc. J. Kolar E. Crowley AN EQUAL OPPORTUNITY EMPLOYER Hr. Irving kutoff Page 02 7/16/75 We have reviewed the Davair proposal for the refining area. Oar comment on this is that the cloth air ratio of 6.2 is considerably above the recommended value: for the industry of 2 square feet per cubic foot. And if the proposed future expansion to 50,000 CFF4, re- sulting in a cloth air ratio of 11.0 is iripierented, this system is likely to have plugging, pressure drop, and low filtering ef- ficiency problems. Very truly yours, TIBOR KOSA, P.}.,, Chief Engineering and Enforcement Section Division of Air Quality TK/mp cc: DAQ File 11675 Bill Prig, Suburban Engineering Beatta Bloomquist, Eagan Planning Commission Paul Hauge, Eagan City Attorney Bob Rosene, Eagan City Engineer Davin Bolschau, Davair, Inc. Al Mitchell, HPCA, SPAG E.I. Crowley 4 FAN FLANGE DAMPER FOUR THREE 0 L 0 IN. PIPE COUPLINGS WELDED AS INDICATED GOPHER LARGE FAN SMELTING TEST SITE TO GHOUSE r, 612-29G-7373 March 7, 1975 Mr. Irving L. Kutoff Gopher Smelting & Refining Co. d-3385 So. Highway 49 %Eagan,., MN 55121 "Dear Mr. Kutoff:. This letter is a response to your letter of January 22,,1975, which was a response to our letter of December 20, 197. Please be aware that you are in violation of Minnesota Pollu- tion Control Agency Regulation APC-3 which says in Section (b)(1), "No person shall operate any emission facility or control equip- mentwithout an•operating permit therefor from the Agency." Issuance...of a permit to Gopher Smelting will occur after receipt of a•:Ietter requesting same, and the receipt of other informa- tion'sufficient to satisfy the Minnesota Pollution Control Agency that this facility is in compliance with the YPCA Regulations. Comments about your response to our letter of December 20, 1971 are as follows: ;;'Item „1 - The aerial photo you supplied did'. not' indicate;: ;those parcels which belong to you. We need to know exactly the location of your plant, your property lines, which parcel is proposed for plotting at this time, and the location of the proposed condominium'. Item 2 - You did not furnish all the information re- quested. 'We request again that you expeditiously submit a process' flowsheet with production and feedrates, unit sizes, duct sizes, flue gas flow rates, temperatures, correct diameter of'the;`stack. In your Emission Inventory you"submitted for ;1973•, the;:stack' diameter was stated to be 3 feet, instead of 5 ' feet .in •'your' Letter of January 22, 1975. The flowsheet should Mr. Irving L. Kutoff .Page # 2 3/7/75 .include all process sources including the battery washing oper- 'ation, recycling of dust back to the furnaces, and vents to the :.outside whereby dust in the building can exit into the ambient air. Itern'.3'- The "source of electrical power requested was not furnished. Because we are in a different season, we have decided to change the location request. Accordingly, please furnish' a 110 volt ten ampere service line to the land parcel on which the smelter is located, in that corner which is lo- cated;1200 feet northwest of stack and 800 feet west of the highway. Item 4 - We will visit the plant on March 10, 1975 to -.select a -site and -inform you Hof • requirements for the site for sampling the stack. • Item 5:- We need information on the system that you are planning for recycling the dust from the.collector back to the :.Jurnace,.:especially, drawings and specifications. ."Item 6 At this point we are keeping an open mind about .your,.•proposal to use -a wall around the dust pile inside the build- ing to control the dust. Assuredly, diligent housekeeping can be a significant. aidin reducing dust in the air. However, a good ducted ventilation system exhausting through a baghouse may be required. a, ,Item 8•-.Bag replacement upon failure means frequent episodes of leaking bags and excessive emissions. The recom- mendedprocedure for bag replacement is a scheduled replacement of all bags at the same time. In some instances of compart- mentalized baghouses, this could be modified to replacement of all bags in a compartment at the same time. Very truly yours, TIBOR KOSA, P.E., Chief Engineering and, Enforcement Section Division, of Air Quality TK:EIC/mp cc: E.M. Wiik E.I. Crowley Beatta Bloomquist DAQ File #675 PHONE 454-3310 GOPHER SIT1ELTIflG & REFIflIflG CO. Manufacturers LEAD PRODUCTS 3385 So. Hwy. 49 Eagan, Minnesota 55121 Mr. Tibor Kosa Minnesota Pollution Control Agency 1935 W. County Road B2 Roseville, Minn. 55113 Cffn Jan. 220 1975 Dear Mr. Kosa; #1 - Enclosed please find aerial photo of our plant and area around showing our property. #2 - Our feed rates average about 24 ton per day and our blast furnace is rated 3500 SCFM and our reverb furnace is rated 5400 SCFM. Our duct size varies about 30" to 36" and our stack dia- meter is 5ft. and is 185ft.high. There is a bypass vent0 however, we do not use it because of an air damper which ccoiis tie baghouse so that the bypass is not necessary. #3 & #4 0 Will have to be determined when you come here again. We are working on an enclosed system to transfer the baghouse gist back to the furnace and we hope this will be operative during the next few months. (#6 We are building barriers in the plant area to prevent its movement. n7 - Enclosed please find letter from Wheelabrator Company which I hopeis self-explanatory. #8 - Our baghouse is checked biweekly unless we feel there is a leak L" at which time it is given immediate attention. - The settling chambers of the cooling system are emptied every to 30 days depending on our production. We hope this meets all of your requests as outlined in your letter of. 12/20/74 and we will continue to attempt to cooperate with you in every way. Yours sincerely Gopher Smelting & Refining Co. ILKiwm Irving L. Kutoff Richard F. Jones Governor Dummer Academy, Byfield, MA 01922 The case .study method, widely used in busi- ness and law schools, is a learning technique in which students tackle problems designed to he as much like those encountered in real life as possible. The case is a collection of facts about a plausible situation. The stu- dent analyses the facts, decides what should be -done, and plans the strategy which will accomplish his goal. In this case study, the problem is to devel- op a position on. lead pollution for a politi- cian campaigning for an approaching elec- . tion. Thus, in addition to the chemistry of lead and lead poisoning, aspects of political science, economics, mass communications, and medicine will have to be considered. You are on the staff of a United States Con- gressman from a district in which a large chemical company is IOcated. It is the fall of 1975 and the Congressman wishes to take ad- vantage of the popular concern about the en- vironment by running on a plank involving lead pollution. Your committee has assem- bled the following facts and now, using only these facts, you must put together a good po- sition for the Congressman to take. The Con- gressman has instructed you to do the fol- lowing: — Decide the hest issue concerning lead pollution for the Congressman to use. This will he the theme of the campaign plank. A number of good issues are possible. —Using the chosen issue, propose at least three positions from which the Congressman may choose. Your positions should include all reasonable solutions to the problem you have chosen to highlight. — Analyze the probable consequences of each solution giving its pros and cons. — Select the most favorable position and give your reasons for the choice. —Propose a detailed plan of action for the Congressman to follow during the coming campaign. This should include the argu- ments the Congressman will use, how he will address his audience, to which audience he will appeal. In preparing your case, you will have to balance contradictory goals with data that are less than perfect. Need to obtain the hacking of the strong environmental groups with what they consider an ecologically cor- rect plank must he balanced against the need to obtain money to finance the campaign. The Congressman will he wary of doing any- thing that might disrupt the economy of the region. Environmental issues are often com- plex and you must ensure that the average voter will he able to understand the issue and its importance to him. Some of the facts which follow will be use- ful, some will he irrelevant, some will be con- b 12 CHEMISTRY VOL 48 NO 3 tradictdry (numbers in parentheses indicate r.?ference and page). Part of your task is to evaluate each fact and decide which to use. Information that you might want may be missing; nonetheless additional research is not allowed. As is often the case in real life, your decision will have to be made with in- complete information. Thus your task in- volves risk -taking in that judgment is at the center of your case decision. There is no sin- gle correct answer: This is often the way it is. Lead Pollution Fact Sheet —The surface waters of Earth's oceans today contain 10 times as much lead as they did before man learned to smelt lead (3, 68). —The early Romans, in their quest for sil- ver, smelted large amounts of ore that con- tained lead. About 400 tonnes of lead were recovered for each tonne of silver. —Mining and smelting were done by slaves, who undoubtedly often died of lead poisoning. The Romans used lead for a wide variety of purposes, including roof sheathing and cooking and wine vessels. Because the ruling classes used leaden vessels most, they were the group most poisoned. The result was a declining birth rate and an impairment of their creative and governing ability (3, 68). —During the early years of the 20th centu- ry, lead poisoning was common among house painters (3, 68). —Convulsions, delirium, coma, severe and irreversible brain damage, blindness, paraly- sis, mental retardation, and death can result from lead poisoning (3, 69). —Lead content of the Greenland icecap, traced back to —800, shows an explosive in- crease during the last half century (3, 69). —Low-compression engines get fewer high-speed kilometres per litre of fuel (3, 70). —Unlike many other pollutants, lead is a cumulative poison (3, 70). —Most lead entering the human body does so through food. This lead, which enters the stomach, is rather inefficiently absorbed by the body, and. only about 5 to 10% of the lead actually enters the blood stream (3, 69). —The United States now consumes more than half' the world's production of lead — about 1.3 million of the 2.2 million tonnes (3, 70). ' —The Environmental Protection Agency (EPA) recently reported that lead-free gaso- line could be available across the country by 1975 at an additional cost to the motorist of between 0.05 and 0.23 cents per litre of fuel (3, 75). —Governors of the Massachusetts Bay Colony in New England outlawed the distil- lation of rum in lead vessels in order to pre- vent what were called the dry gripes (3, 68). — Lead inhaled from automobile exhaust is dangerous because the fine particles retained within the alveoli of the lungs are absorbed by the body with an efficiency of about 40% (3, 69). — The total daily intake of lead in the food and drink of an individual American is typi- cally about 300 µg (3, 69). —The level considered indicative of lead poisoning in healthy males is 0.8 part of lead per million (ppm) parts of blood (3, 69). — Grass harvested from alongside high- ways has been found to contain as much as 100 times the lead concentration of grass not exposed to automobile exhaust (3, 69). —Thre is some evidence that emission of aromatic hydrocarbons increases as lead con- tent of fuel falls (3, 70). —Man's manufacturing, use of pesticides, combustion of coal, incineration of refuse, and use of leaded gasoline are the leading sources of lead in the biosphere (2, 42). — The maximum lead concentration al- lowed in drinking water -by the U.S. Public Health Service is 0.05 milligram per litre (2, 42). — To achieve the same octane rating in lead-free gasoline, more aromatic hydrocar- bons are needed. These additives are expect- ed to produce in exhaust more 3,4-benzopy- rene, which is know❑ to cause cancer in labo- ratory animals (4, 178). ----There is a very high correlation between lead in rainfall and sales of leaded gasoline (2, 42). —Lead is a cumulative poison and its con- tinued use will eventually build up dangerous levels in the environment (4, 178). — Lead exhausted by automobiles origi- nates in the antiknock ingredient in the gaso- line (2, 43). — Significant sources of naturally occur- ring lead in air include silicate dusts from soils and particles from volcanoes (2, 42). —Removal of lead from gasoline means that engines would run on fuel of a lower oc- tane rating than that for which they were de- signed. 'Thus, engines would run less effi- ciently, producing more carbon monoxide and oxides of nitrogen and spewing more un- burned gasoline into the air (4, 178). —The main inorganic compounds in auto- mobile exhaust are lead hromochloride and three species in which lead hromochloride is combined with ammonium chloride. Very small amounts of the lead alkyls in the gaso- line escape to the air by evaporation (2, 43). —Concentrations of lead aerosols in a sam- pling of urban areas were 1 to 5 µg per cubic metre (µg/m'); air in rural areas contained a MARCH 1975 CHEMISTRY 13 Probable Upper Limits for Intake of Lead (5) Solid food Air Water • Beverage • r Mg/day 1200.0 0.225 0.200 0.030 few tenths of a microgram per cubic metre (2, 43). —The air pollution threat was worse in Los Angeles in 1.970 despite the virtual elimi- nation of industrial pollution and the re- quirement of pollution control devices on all new motor vehicles since 1.965. Increases in the number of cars wiped out gains made by technological improvements (4, 178). • —About two thirds of the lead consumed in gasoline is exhausted to the atmosphere, and 25 to 50% of that amount becomes air- borne (2, 54). — The atmosphere of the Northern Hemi- sphere contains about 1.000 times more lead than it would if man were not a contributor (2, 42). —In a major study of the lead in urban air, annual concentrations of lead averaged 1 to 3 µg/m3. Average concentrations of lead over relatively short periods of time in heavy traf-. fic ranged from 14 µg/m3 in a vehicular tun- nel (2, 42). —Lead used in electric batteries, solder, and pewter can he recycled (3, 70). — Today the average American's blood lead concentration is about 0.2 ppm (3, 69). — In midtown Manhattan average values of 7.5 µg/m3 of lead in air have been reported (3, 69). —Theoretically, but as yet not practically, lead particles can he removed from the ex- haust stream by special filters and separation devices (3, 70). — Of the many methods proposed to con- trol the amount of hydrocarbons, carbon monoxide, and oxides of nitrogen leaving the exhaust pipes of automobiles, one of the most discussed is the catalytic converter. The cata- lytic converter uses filtering by porous mate- rial having a large surface area in proportion to the volume occupied. The pores in the ma- terial fill rapidly with lead particles when leaded gasoline is used, and the process of converting other pollutants to their harmless constituents is blocked (3, 70). —Ethyl Corp. and Du Pont, the primary makers of tetraethyllead (the gasoline anti- knock additive), contend that continued use of lead in gasoline will provide needed engine lubrication and avoid a controversial phe- nomenon called valve seat pound -in, which may cause rapid wear of valve seats in cars using unleaded gas (3, 70). — The average city dweller experiences an atmospheric lead level of about 2 µg/m3. He inhales about 20 m3 of air per day (3, 69). — T. J. Chow of Scripps Oceanographic In- stitute recently reported that in San Diego average values of lead are now 8 pg/m3 of air; he noted that the concentrations are rising at a rate of 5% per year (3, 69). —The most commonly used indicator of exposure to lead is its concentration in the blood (3, 69). —Heavy metals owe their toxicity primari- ly to their ability to react with and inhibit sulfhydryl (—SH) enzyme systems such as those involved in the production of cellular' energy. For example, 2 glutathione + metal ion (M2+) M(glutathione)2 + 2H+ (5, 409). —The average human rids himself of about 2 milligrams (mg) of lead a day through the kidneys and intestinal tract (5, 411.). — Lead, like mercury and arsenic salts, can affect the central nervous system (4, 178). —Even though lead -pigmented paints have not been used in this country for interi- or painting during the last 30 years, children are still poisoned by lead from old paint. In 1969,.about 200 children in the United States died of lead poisoning and untold thousands suffered permanent damage (5, 411-12). —Probable upper limits for the intake of lead are shown in the margin (.5, 412): — Surveys in Massachusetts have shown that in all cities and towns where there has been extensive testing of children, between 5 and l(Y0, of the children have some degree of lead poisoning. In older districts (where there is likely to he more old paint) 20 to 30% of children were poisoned (1, 3). — It has been suggested that airborne lead particles could combine with iodine vapor to form lead particles that could seed clouds and thus modify climate (2, 44). —There is little direct evidence of the composition (type of compounds) and reac- tions of lead aerosols in the air (2, 43). —Though it has been illegal to make lead - based paint for indoor use for many years, most houses built before 1950 have several old coats_of lead paint under the new non - lead paint. If the paint chips, the old layers chip off too (1, 3). — No national standards now exist for emission of lead compounds by automobiles (2, 54). —The amount of lead used in gasoline av- erages 0.6 gram of the metal (as tetraethyl - and tetramethyllead) per litre (2, 54). =A simple finger prick blood test can be used to determine if a child is suffering from lead poisoning and to what degree (1, 3). —Extensive research on nonpolluting oc- . tane improvers for gasoline has failed to pro- duce any that approach lead in overall effec- tiveness (2, 55). (Continued on page 21) 14 CHEMISTRY VOL 48 NO 3 1Vhich simplify to: e, + (e;; = e_, e3 = 2t'1 Thus the solution for the ums in terns of is: et = 1/2 c' 3 1/3 e, = ,/2 (•3 1/2 I t = Considering the LCM, e;l is assigned the value 2. Thus: e3 = 2, t'1 = 1, e2 = 3, and 11 = 4 The balanced equation is: CO2 + 3CH, + 2H20 4CH3OH In summary: —Consider the unbalanced equation: Cu + HNO3 Cu(NO3), + H2O + NO —Assign the ums: a1Cu + a2HNO3 --- h1Cu(NO3), + 621120 + 63N0 —Prepare the set- of simultaneous equa- tions: for Cu: n1 = h1 for 11: a2 = 2h2 for N: tt2 = 2b1 + h3 for 0: 3(12 = 6b1 + b2 + h3 —Solve the set of equations. The solution in terms of bl is: n1 = 61 1/2 (r2 = 1/3 bt 1/2 62 = 1 b 1/2 b3 = 13, h1 —Assign the first um's value: b1 = 3 —This determines the remaining ums' values: rrl = 3, (12 = 8, b2 = 4, ctnd b3 = 2 —The balanced equation is: 3Cu 8HNO3 -- 3Cu(NO3)2 + 4H20 + 2NO DA VID G. S. GI{El NE, who has taught at. Towson Since 1970, received his BA. in phys- ics from Allred University in 1957 and his PhD in electrical engineering from the Universi- ty of Wisconsin. His interests include J1remsstraltlung radio: lion from plasma, statistical analysis of time and length measurements, and bluegrass music•. LEAD. A Case Study (Continued from page 14) —In 1967, the four U.S. producers of lead alkyls made 308 million kilograms of tetra- ethyl- and tetramethyllead valued at $254 million (2, 55). —Petroleum refiners now increase octane ratings and otherwise upgrade their feed- stocks by manipulating molecular structures of the gasoline itself (2, 55). -Paint can be tested for lead in just a few minutes using a small portable X-ray fluo- rescent analyzer (1, 4). To approximate more closely a real life sit- uation, students should work in teams of three or four. In class, each team will present its proposal to the Congressman (the instruc- tor). The rest of the class will act as members of the Congressman's staff. With each mem- ber actively participating, the presenting team should take about 15 to 20 minutes to give their case to the class. Then, the class will debate with the team the merits of their platform plank. Purpose of the class discus- sion is to provide a forum for the testing of the case study against opposing views and to experience group decision making. Criteria of evaluation are: familiarity with the case facts; worth of the issue chosen; completeness of the alternative positions, consistency in the handling of the facts; co- gency of presentations (written or oral); and participation in class debate and team pre- sentation. References (1) Braver, Barbara, "bead Paint Poisoning called `Hid- den Epidemic' by State," "North Shore '74" supplement in The Daily News, Newburyport, Mass., January 5, 1974. (2) "Cleaning Our Environment: The Chemical Basis for Action," 1969, The American Chemical Society, ‘Vashington, D.C. (:1) Craig, Paul P., "Lead, The Inexcusable Pollutant," .Solurduy Review, October 2, 1.971. (4) Hill, John W., "Chemistry for Changing Times," 1972, Burgess Publishing Co., Minneapolis, ,Minn. (5) Jones, Mark M., Netterville, John T., Johnston, David O., Wood, James L., and Blackburn, John It., •'Chemistry, Man and Society," 1972, W. B. Saunders Co., Philadelphia, Pa. I?ICHARD 1•'. JONE.S, chemistry teacher at Gov- ernor Durnrner Academy, earned a IBS from Mar- ietta College and a PhD from Purdue University. In addition to seel'hing new ways to teach the ap- plications o/ chemistry to nonscientists, he is an amateur glassblower. MARCH 1975 CHEMISTRY 21 December 27, 1974 Mayor City of Eagan Council member Planning members Bob Rosene and myself met with Mr. Kutoff of Gopher smelting on Dec. 27, 1974. We met at the plant site and spent time talking with Mr. Kutoff about the proposed P U D site and plant operations and testing of operations. We covered the letter sent out by the M P C A. (enclosed A) Mr. Kutoff also indicated he would 1) Send a site plan to M P C A. 2) Would give test results. 3) Pro- vide power (110 volts). 4-8) He explained by pass operations on bag house and talked about an enclosed system for removal of lead from bag house, so that it can be reproccessed. There are 480 bag in the bag house system. He talked about their system for maintainance and on broken bags. They are checked twice a week to watch for leaks. 9) It is 15 to 30 days for empty- ing the chambers in the gas flue cooling chamber. Mr. Kutoff indicated they are upgrading the present facility to be in compliance with 0 S H A. (enclosed B) We also toured the plant and went over the refinery proccesses. The only thing that concerned me that was not already covered in M P C A or O S H A reports, was the stock piling of old battery materials. There are lead plates and other material stock piled in open areas, besides being unsightly it is also hazardous. Mr. Kutoff will contaci`Di'.. Krupa, reguarding present testing. He seemed to be willing to go along with the present testing. I also talked about a buffer zone surrounding the plant if developement were allowed. This should be considered after the plant is brought up to E P A standards. The amount of buffer can be determined only after the tests;:are evaluated. Sincerely, Bea Blomquist MINI' ESOTi4 POLLUTION ; CONTROL AGENCY 1935 W. County Road B2,. / Roseville; Minnesota 55113 612-296-7373 December 20, 1974 r t D f f Gopher Smelting 3385 Highway 49 Eagan, MN 55121 Dear Mr. Kutoff: Following the reinspection. of your secondary. lead plant in Eagan on December 3, 1974, the position of the Air Quality Division is unchanged from. that stated in the letter of November 20, 1974 from Mr. Wiik to Ms Bolke (enclosed). Specifically, we need a great deal more information than we presently have in order to determine compliance with Minnesota Pollution Control Agency Regulations. Therefore, we request the following: 1. A site plan which shows the relevant parcels of land, with dimensions and compass directions,.including the lead plant. 2. A complete process flowsheet with production 'and. feed rates, unit sizes, duct sizes, flue gas flow'rates,. +'PmnPrat1 _res . stack diameter, stack height, etc. This should include a statement as to.whether there is -a. bypass vent to the atmosphere in the duct from the cupola to the baghouse. 3. For testing of particulates in the ambient air, a -source of 110 volt power for a.high volume sampler should be provided.• This source should be 500-1000 feet south of lead plant. stack and 200 feet west of highway. 44: For determination of emissions from the lead plant stack, an acceptable test site must be provided and a stack test performed. A satisfactory test.site is eight stack diameters downstream_of and two diameters upstream of any flow disturbance- such as an .elbow. A satisfactory stack test comprises two one hour runs, collecting isokinetic samples on an MSA-1106BH..fiber- glass filter. AN EQUAL OPPORTUNITY EMPLOYER Mr. Irving Kutoff Page #2 12/20/74 5. A commitment on an enclosed system to transfer the ,baghouse dust back to the furnace must be made. 6. We are concerned about general dust from the plant and the yard. For this reason we believe that improved control of the air in the plant should be provided, such as a ventilation system should be vented to the atmosphere through a baghouse. 7. Furnish documentation from the manufacturer or en- gineering firm that the baghouse and the. fabric of dustubes is recommended for the conditions currently in effect. 8. What is the replacement program for the dustubes in your baghouse? • 9. What is the frequency of emptying of settling chambers in the flue gas cooling system? 10. When the preceding have. been furnished, we will meet with you to formulate a stipulation agreement, which specifies in detail the compliance plan to bring your facility into compliance with Minnesota Pollution Control Agency Regulations. TK:EIC/mp Enclosure: (1) cc: Ms A. Bolke r �.r uwicy, P.E. J. Kolar, PCS DAQ File #675 Sincerely, TIBOR KOSA, Engineering Division of . e 1; P.E., Chief and Enforcement Section Air Quality :)-,36 - .733 </ �s� Ms. Alyce Bolke, City Clerk, City of Eagan, 3795 - Pilot Knob Road, 'Eagan, }in. 55122. 'November 20, 1974. RBI Gopher Smelting Company; Dear Ms. Bolke: Eagan Realty, Inc, Please be assured that the Minnesota Pollution Control Agency will cooperate in determining the facts of this matter. In our most recent inspection of the Gopher Smelting Company plant, the stack emission was observed to be borderline regarding APC-11, the regulation for visible emissions. In addition, the plume opacity was of such a degree that a stack test may be requested to determine compliance with APC-5, the regulation on mass of 'emission from processes.• Finally,. a tour of the plant divulged very dusty conditions inside the buildings. These plumes and dusts can be prey„mew to largely comprise lead or compounds of "lea3. We -are in' the ;p,roc.ess-vf-,ad.o,p:t,g -*ze, ;ul-a.1ions .,.on ,,:raa=n=y hazardous.tnaterials including lead,.but we do not presently have regulations which specifically control lead emissions and we are especially careful about this type of emission. For this reason .and to assist Eagan officials in their decision,.I am instituting the following plant I. The plant will be reinspected by an_MPCA team of engineers -on November 21, 1974. If this team believes that a stack test should be made, it will be immediately requested of :.,..s. Gopher'offieials. I will send you a copy of..the inspection report. 2. We will set-up an ambient air sampling station to determine the_ dust loading in the air in the vicinity. The material GO collected will be analyzed for lead.and other possible toxic or hazardous materials. When these results are re- ceived., you will be given a copy of the findings. 3. If the preceding efforts indicate that the Gopher plant is not in compliance with MPCA regulations, we will seek.a ie,gal stipulation agreement with the company to correct the problems. You will be.notified of such a decision if and when made. Regarding other agencies who have jurisdictional interest, I can. suggest the following public agencies: Ms. Alyce Bolke. .2- November 2.0, 1974. 1. Hazardous stack emissions -- EPA, Region V, Chicago, I11., is interested in and has tested for emissions containing lead, mercury, nickel, arsenic, and such hazardous chemical elemaata. 2. Contaminated soil and plant associated hazards -- Minnesota Department of Public Health, Minneapolis, Minnesota. 3. Information on air contamination inside the plant Minne.sota Department of Labor & Industry, Occupational Safety. It would seem inappropriate to re -zone this property to PUD at this time in'view of what we know, as well as what we don't know, cnncerning poll-** n and pollutant levels from this Rsonrc- EMTA:TK/rmg cc: G. 'Eckhardt. E. Crowley. DAQ Jacket. Sincerely yours, EDWARD M. WIIKs P.E.. Director Division of Air Quality .Minnesota Pollution Control Agency LAW OFFICES JOSEPH L. BARD PHILIP J. LEvY STEPHEN A. BARD JEFFREY A. LEVY NATHANSON, BARD 8c LEVY 1027-IO28 PLYMOUTH BUILDING 12 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 8B4O2 December 12, 1974 Mr. Donald H. Segel Office of the Solicitor U. S. Department of. Labor 230 South Dearborn Street Chicago, Illinois 60604 TELEPHONE 336- 0091 AREA COOS 012 JOSEPH L. NATHANSON 1902 - 1973 Re: Secretary of Labor vs. Gopher Smelting & Refining Co. OSAHRC DocketNo. 9516 Dear Mr. Segel: You have requested that we submit to you a summary of the steps which Gopher Smelting & Refining Co. has taken to date in an attempt to comply with 0.S.H.A. guidelines and regulations. pertaining to lead fume and lead dust concentrations in the air in its plant. At my request, my client has furnished me with this infor- mation and 1 pass it on to you in this letter based on the .information supplied to. me by my client. The following are the actions taken by Gopher Smelting & Refining Co. in the past year to conform with 0.S.H.A. regula- tions: 1. Gopher has changed its cooling system from horizontal pipes to vertical pipes thereby lessening the exposure of the.worimen during certain clean-up processes. •10 effect this change in.the cooling system, Gopher has • paid to the Lovegren Company over $50,000 and to the Moorhead Company the sum•of $12,899.40. • 2. Gopher has purchased a modern floorsweeper unit from the Tennant Company for the sum of $5,035.68 to help in its housecleaning and to more thoroughly remove particles of lead dust from the floor.'. • 3. Gopher has attempted to change its method of transfer- r.i.ng dust from its dust collector (bag house) to the furnace directly without being loaded. To accomplish . this, Gopher has spent•over $6,000 with the Davair . Company in addition to internal costs incurred by Gopher :-' NATHANSON, BARD & LEVY Mr. Donald H. Segel Page Two December 12, 1974 in making this change in method,of dust transfer. To the disappointment of Gopher this has not been a good permanent solution to the problem, apparently due to certain problems in the principal involved in the Davair system. 4. Gopher Is in the prnc, s.5 9r c� i ,,. .. ns, ruc ing a sa_paraLe building for equipment maintenance. and repair. This should reduce the activity in the present building and hopefully.reduce the amount of dust being stirred up. This building will cost approximately $30,000 per an estimate by the Olson Company who is doing the construc-. tion work. 5. Gopher has built physical barriers to isolate the battery plates from the working area. • 6. Gopher has replaced cement to make its roadway smoother and therefore reduce spillage of materials containing .lead dust. The estimated cost of this work is approxi- mately $10,000. . 7. .Gopher has retained the services of Interpoll, Inc., a consulting firm specializing in air polution control to aid them in future efforts to comply with O.S.H.A. regulations. I am enclosing for your convenient reference a report by Dr. Milos Tomaides,'Ph.D., Director of Air Engineering Section for Interpoll, Inc. which report is dated November 15, 1974. It is -Gopher's -intent to imple- ment Interpol L s suggest tu:rs .._. soon as possible by undertaking the following affirmative action program: (a). To continue testing the air in its plant. (b) To improve the furnace hoods as suggested in that report in detail. .(c) To attempt a new method of transferring dust to the furnaces automatically, probably by a screw conveyor. (d) To continue its efforts to improve internal house- keeping with particular stress on employee's'own hygiene practices. This has been the policy of Gopher it NATHANSON,I3ARD a LEVY Mr. Donald '1-1. Segel Page Three December 12,-1974 for sometime but there have been problems in the past in getting the employees to continually .ob- - serve the hygiene steps necessary to keep down their.exposure to lead dust. (e) If necessary and:possible, officers of Gopher will visit other plants which are meeklAmp, 04thiAl Vo.,. quirements and look for arty other possible control. systems which Gopher might incorporate into its, operation. . ... .•_ I think you can see from the' foregoing that Gopher has made an -enormous effort for a company its size to comply. with -both -the , • ;-., spirit and the letter of' the Occupational Safety and Health Act and its implementing regulations. • Gopher wishes to comply with- • • , O.S.H.A. regulations and. it is attempting to do everything possible ..ltrt to meet those requirementsthin the limits of financial possibility. In other words, if the only way to strictly comply with .the air standards is to spend such an enormous amount of money on pollution control equipment that it Would be beyond the means of the company . . to do, then serious consideration would have to be given to closing ••: ,. down operations and simply going out of businesIs I trust this will -. not be necessary•since I am convinced that my client is making an - . ,...., .extremelY concerted good -faith .effort to comply., I hope that this letter satisfies your request for information and, I will be pleased .- to furnish you with any further specific information you would require Perhaps after reviewing this material you may have some, suggestions as to how to settle' the pending case on a mutually satisfactory basis. Very truly yours, NATHANSON, BARD & LEVY Stephen A. Bard SAB/smo cc: Mr. Irving Kutoff • Gopher Smelting & Refining Co. 3385 South Highway.49 Eagan, MN 55121 (without enclosure) • NATHANSON, BARD 8c LEVY Mr. Donald H. Segel Page Three December 12, 1974 for sometime but there have been problems in the past in getting the employees to continually ob- serve the hygiene steps necessary to keep down their exposure to lead dust. (e) If'necessary and possible, officers of Gopher will visit other plants which are meeting O.S.H.A. re- quirements and look for any oi7ner possible cancrol systems which Gopher might incorporate. into its operation. I. think you can see from the foregoing that Gopher has made an enormous effort for a company its size to comply, with both the spirit and the letter_ of the Occupational Safety and Health Act and its implementing regulations. • Gopher wishes to comply with O.S.H.A. regulations and. it is attempting to. do everything possible to meet those requirements. within the limits of financial possibility. In other words, if the'only way to strictly comply with the air standards is to spend such an enormous amount of money on pollution control equipment that.it would be beyond the means of the company to do, then seriousconsideration would have to be given to closing down operations and simply going out'of business. I trust this will not be necessary. since I am convinced that my client is making an extremely concerted good faith effort to comply. I hope that this letter satisfies your request for information and. I will be pleased to furnish you with any further specific information you would require. Perhaps after reviewing this material you may have some suggestions as to how to settle the pending case on a mutually satisfactory basis. Very truly yours, NATHANSON, BARD & LEVY Stephen A. Bard SAB / sto cc: Mr. Irving Kutoff Gopher Smelting 4 Refining Co. 3385 South Highway.49 Eagan, MN 5512i (without enclosure) 12 THE WALL STREET JOURNAL, Friday, Scptornber 27, 1074 Specter of Lead Poisoning Envelops Town -lilt Idaho Sineltei in Shadow of Bunker • FDA Recalls TeakettlesFort)Inortlr,r C,ui i n i'nlnl For Lead -Poison Hazard read poloning in a potnnlfnily fatal dis- 13y I-1s:nn):stT G. Lnw'3orr 111af/Reportern/Trrr ,Nall.FITREETJOURUAI. Deadwood Gulch Ls the nomewhnt forbid- • ding name for,nn area of lames right held the big lead nmelter In Kellogg, Idaho. It may soon become a no-rnan'n land. The area 1n among thone within a mile or two of the smelter where a high incidence of lead polp,oning of children hag been discov- ered, touching off a far-reaching federal- irLate Investigation. The children affected live near the smelter of Bunker I-1111 Co., a unit of Gulf Re.9ourccs & Chemical Corp., I-louaton. The lnvcntlgn.t-ion began when two children were hospitalized In February withvnlde hunt stor lend prolsoning, P P ' other vlctlmn, L.aat month, health lnvestiga- torn made a startling discovery: Nearly every child tented who lived viflhin one mile of the nmelter hail dangeroun blood levels of lead and more than 20in had levels indicat- ing "frank lead poisoning" requiring hospi- talization or outpatient treatment. The, children generally don't show "neri- oun ma.nlfoata.Urms" of pxilrnning, meaning clinical symploms, nays Dr. Thomas Roads, a local pediatrician who has treater) about a dozen cases. Treatment con.'dnth of men- sures to reduce the blood'n lead level. The major question In what hidden, long-term 'nor -vow -system damage may cippcar Yearn later, he says. "There In great concern among physicians 1n Kellogg," he adds. . The CA-9e is the Second In the U.S. to as- sociate lead poisoning w•1th large numbers of children Living near a lead smelter, •In 1972, doctors In El Paso, Texan, found that at iea_at 35 children living near the nmelter of. American Smelting & Refining Co. had abnormal lead levels. The Center for Din - ease Control, an arm of the U.S. Public Health Service In Atlanta, nays: "ingestion and inhalation of particulate lead emitted by the smelter were considered to be the most Important mechanisms of lcad uptake . in E1 Paso." Illghrst Level Ever Seen In Kellogg, the incidence of lead poison- ing apparently In far higher than in El_Pn.io. Only about half of the clilldren aged one -to - nine In El Paso who lived within n. mile of the nmelter showed "undue, lead absorp- Lon" a9 defined by the U.S. Surgeon Gen- eral, the disease center nays, compared with ell but one of 171 children tested within • n male of the Bunker 1-1111 nmelter. "some of the lead levels In blood ra.mplcn here in Kcl• log g were among the highest ever peen by the Center for Dlscas)e, Control," nays Jarnes A. Bax, director of the Idaho De- partment of Health and Welfare, The researchers in Kellogg nay that the frequency of high blood lcvcln of lead drops off "directly with distance from the nmelter," according to the dinea.se center report. "These data nuggest that the nv a WALE. STnr.ET JOURNAL tllnf Reporter WASHINGTON — Four brands •of electric teakettles are being recalled because they prenent n potential hazard from lead contamination, the Food and Drug Administration nald. , The products, all made. In Cn.nadrt where the problem was first detected, are the Toastmaster and Evcrhol ket- tles, made by a Toronto -tensed nubnidl- ary of McGraw -Edison Co. of Elgin, ill., and the Hamilton Peach and Dominion Electric hetllen, distributed by Senvlll Manufacturing Co. and its Dominion Electric Corp. tsubsldlary, bath haled In Waterbury, Conn, The Hamlllon Beach and Dominlcn Electric models were built by flamnon Dominion Ltd. of To- rcnlo, the FDA nald. FDA tents showed the kettles could produce lead levels of In ercens of 0.05 part per million In the water, whlch Is considered a dangerous • lead. The metal leaches from lead -soldered jolht9 when water is heated. But. the FDA said the conlamination problem dlminfnhen after the first few times the kettle Is used. In Elgin; Ill., McGraw•Edinon said the Canadian subsidiary stopped mak- ing the lead soldered kettles in June and the kettles were never made in the U.S. A spokesman declined to estimate how many of the Canadinn•made kettles were distributed In the U.S. A Scovill spokesman Said his com- pany stopped using lead solder In 1972 and Stopped distributing electric teaket- tles In May 1973 because "sales were so bad." Slnce 1t Started the recall a month ago, he nafd the company has turned up only three of Its lead -soldered teakettles for sale In the entire U.S. 9/27/74 L'CI -.Air and Water Standards Committee Members order.•I1 ntLackn the centre] nervous nyatem '.there ' it can cnune permanent damage, even after lead Is removed from the blond ntrenm. It may r.nu.9e, npe.ech lmpndrment and other nervoun dlnordern an well an hy• pertcnsion and more •gene_ral nymptomn of Illness. It's hard to diagnono, whlch helps explain why It presumably wan undetected In Kellogg until recently. The blood test for lend poisoning Is a complex one and wasn't routinely performed by local doctors, nayn Dr. Reeds. Even n relatively low level of lead, be- tween 10 and PO micron -rat -tin of lend per 100 mfllllltern of blood, can lead to "a elgnlfl- en.nt loan of ICE," nays Mr, Bar.. Every child hut one living wllhln a mile of the nmelter here tend n rnlcmgram level of nt least 40. And of 191 children tested who lived be- t'.veen one and 2% miles away, 151 had n level ct 40 or more. Among the 171 children living within a mile, :311 had levels nlnve P0, whlch the disease center nnid indicates out- right lend pokoning. Adult membern of the community haven't been tented. 1.iost of the 'concern centers on the young because lead poisoning Is most dangerous In Use early, formative years. Researchers at 1<eilogg plan to follow 1,- 000 children, including a control group from a city 60 miles away, from whom blood ,samples were taken. Also being studied are 7,000 samples of household dtudt, yard dlrl, plants, exterior and Interior paint, potter; and vegetables In the area. "We want to get a really complete picture of the environment in the valley," including the possible effects of other metals, nays Mr. Bax. The area around li.ellogg contains major silver, lead, :inc and copper mines. Meanwhile, no one has decided exactly hcw to prevent further poisoning while the research goes on. "We're going to have to _hinge the environment or remove the kids irorn It," says Mr. Bax. He. says Bunker 1-lill nmelter may be an important source of the'wanL9 to rnopernte with the stale, though lead absorbed by children living in thinliey aren't admitting culpability." He adds, area." 'I'm not prepared to nay" the company 1.9 Ray Chapman, public relations director le cause of the poisoning. "The facto will • for the nmelter, declined to return repented Nak for themnelves." telephone Inquiries from a reporter. A ne_crc• terry said Mr. Chapman la the only official of the company who can comment on the mat- ter. The •nmelter L9 continuing to operate and, according to trade nourcel, producers about 130,000 tons of lead annually. Mr. Bax, who 1n leading the ntnte'n re- search effort Into the poiaoningn, nayn there aren't any federal or state nlandardn on lead emlarlfonn. ile prcdlct3 that out of n broad-aon]e follow-up to the lllnessen in Kel- logg will come new federal Slandardn. The Kellogg findings, he says, may be useful 1n netting public-hen.11h goals and reg'illalfon:r for lead contamination 1n general. .Most re- search until now has been bailed on pxrlsrm- Ing, cases In alum areal where children c^t old paint contnlning lend pig -merlin. Duch paints were once widely used. Q.1) MELD REA XI NOMEEPIONCi Main Office • ; . 784.6066. 6875 Highway No..65 N. E. Minneapolis, Minnesota 55432 Civil, Municipal & Environmental Engineering Land Surveying o Land Planning O Soil Testing Minnesoata Pollution Control Agency 1935 West County Road B2 Roseville, MN 55113 Attn: Mr. 'Tybar Kosa,' Chief, Engineering & Enforcement Air Quality South Office 1101 Cliff Road Burnsville, Minnesota 55337 July 7,1975 Ref: 74-52 Re: Gopher Smelting Eagan, MN Dear Mr. Kosa: This is to summarize the discussions of our meeting of July 3, relative to air quaff l i ty tests to be taken at and near Gopher Smelting Plant in Eagan. The testing parts will be installed and electrical service made available by July 14 th, for you to inspect. The stack tests are scheduled for the week of July 21st and the smelter will be in operation that week. Ambient air tests will be made in several locations on the site beginning, the same time as the stack tests and continuing for 3 to 6 months. 890-6510 The part of the property to be reserved for the smelter is shown on Sheet 9 of 14 of Block 5 in the set of exhibit drawings we left with Ed Krowling at the meeting. Block 5 is located northerly of County Road 28 and westerly.. of trunk Highway 49. Other exhibit drawings are for your use and information. If you need additional information or assistnace,please let us know. Thank you for your cooperation. Sincerely, SUBURBAN ENGINEERIN William E. Price, P.E. cc: Gopher Smelting Ed McMenemy Bob Rosene Bea Bloomquist' Bill Rydrych WEP/lh Robert Minder, Reg. Eng. 4n, E. A. Rathbun, Reg. Suru. Wm. E. Jensen, Reg. Eng. Wm: K. Meyer, Reg. Eng. • Charles'L Lenthe. Reg. Eng.. John F. Dwyer, Reg. Suru. Wm. E. Price, Reg. Eng. Jeffrey J. Roos, Reg. 'Eng. Donald E. Wadleigh, Reg. Eng. . December 27, 19�4 Mayor. City of Eagan Council member Planning members Bob Rosene and myself met with Mr. Kutoff of . Gopher smelting on Dec. 27, 1974. We met at the plant site and spent time talking with Mr. Kutoff about the proposed P U D site and plant operations and testing - of operations.. We covered the letter sent out by the M P C A. (.enclosed A) Mr. Kutoff also indicated he would 1) Send a'site. plan to M P C A. 2) Would give test results. 3) Pro 7. vide power (110 volts). 4-8).He explained by pass operations on bag house and.talked about an enclosed system for removal of lead from bag house, so that it can be reproccessed. ,There are 480 bag in the bag house system. He talked about their system for maintainance and on broken bags. They are checked twice a week to watch for leaks. 9) It is 15 to 30 days for empty- ing the chambers in the gas flue cooling chamber. Mr. Kutoff indicated they are upgrading the present facility to be in'compliance with 0 S H A. (enclosed B) We also toured the plant and went over the refinery proccesses. .The only thing that concerned me that was not already covered in M P C.A or 0 S H A reports, was the stock piling of old battery materials. There are lead plates and other material stock piled in open areas, besides being unsightly it is also hazardous. Mr. Kutoff will contact:.Dr= Krupa, reguarding present testing. He seemed to be willing toTgo along with the present testing. .I also talked about a buffer zone surrounding the plant if developement were allowed. This should be•considered after the plant is brought. up to E P A standards. The amount of buffer can be determined only after the tests..are evaluated. Sincerely, Bea Blomquist �4, MINNESOTA POLLUTR)FN .CONTROE. AGENCY 1935 Vi. County Road B2,./. Roseville;•Minnesota 55113 612-296-7373 December 20, 1974 Irvig Gopher Smelting 3385 Highway 49 Eagan, MN 55121 Dear Mr. Kutoff: Following the reinspection.of your secondary lead plant in Eagan on December 3,_1974, the position'of the Air Quality Division is unchanged from that stated in the letter of November 20, 1974 from Mr. Wiik to Ms Bolke (enclosed). Specifically, we need a great deal more information than we presently have in order to determine compliance with Minnesota Pollution Control Agency Regulations.. Therefore,. we request: the following: 1 1. A site plan which shows the relevant parcels of land,'with dimensions and,compass directions, including._ the lead plant.' 2. A complete process flowsheet with production and feed rates, unit sizes, duct sizes, flue, gas flow'rates, +.71reratures ; • stack . diameter , stack.. height etc _Theis_ _: should include a statement as to.whether there is a bypass vent to the atmosphere in the duct from the cupola to the baghouse: 3. For testing of particulates in the' ambient air, a source of 110 volt power for a high volume sampler should be provided. This source should be 500-1000 feet south ' of ,lead plant stack and 200 feet west of highwaTip 4:' For determination of emissions from the lead plant stack, an acceptable test site must be provided and a stack test performed,. A satisfactory test site is eight stack diameters downstream.of and two diameters. upstream of any flow disturbance. such as an elbow. A' satisfactory stack test comprises two one hour runs, collecting isokinetic:samples on an MSA 1106BH fiber- glass filter. • AN EQUAL OPPORTUNITY EMPLOYER Mr. Irving Kutoff Page #2. 12/20/74 5. A commitment on an enclosed system to transfer the ,baghouse dust back to the furnace must be made. 6. We are concerned about general dust from the plant and the yard. For this reason we believe that improved control of the air in the plant should be provided, such .as a ventilation system should be vented to the atmosphere through a baghouse. 7. Furnish documentation from the manufacturer or. en gineering firm that. the baghouse and the. fabric of. . dustubes is recommended for .the conditions currently in effect. • 8. What is the replacement program for the dustubes .}in your baghouse? 9. What is,the frequency of emptying of settling chambers in the flue gas cooling system? 10.. When the preceding have been furnished, we will, meet with you to formulate a'stipulation.agreement, which. specifies in detail the compliance plan to bring your facility into .compliance with. Minnesota Pollution.. Control Agency Regulations. Sincerely, TK:EIC/mp Enclosure: (1) cc: Ms A. Bolke .. ._.. L" . I : ...0 ovule , P.E. J. Kolar, PCS DAQ File #675 TIBOR KOSA, P.E., Chief Engineering and Enforcement Section Division of Air'Quality J.k6- 733�/ • Ma. Alyce Bolke, City Clark, City of Eagan, 3795 - Pilot Knob Road, Eagan, Mn. 55122. November 20, 1974. REY. Gopher Smelting Company; Dear Ma, Bolkes' • - Eagan Realty, Inc. Please be assured that the Minnesota Pollution Control Agency will cooperate in determining the facts of this matter. In our most recent inspection of the Gopher .Smelting Company plant, the stack emission was observed to be borderline regarding APC-11, the regulation for visible emissions. In addition, the plume opacity waa.of such a degree that a stack test may be requested. to determine compliance sith APC-5, the regulation on mass of emission from proceeses. • Finally,•a tour of the plant divulged very dunty conditions inside the buildings. These plumes and duct e can be presumed to laranly compritin lead or compounds of . Ws are in the-procsa-nf--.,adeptIng-reguLetions on -many • hazardous materials including lead,'bUt we do not presently.have regulationa which specifically control lead emissions and we are. : especially careful about•thie •type of.emission. tFor this reason and to assist 1agan officials in their-decision,,I am instituting the following plant . • • • . ' • - - • 1. The plant will be reinspected by an MPCA team of engineern :On November 21, 1974. If this team believesthat a stack test•should be made; it,will beimmediately.requestod of tt •Gopher -officials. I will send you a copy of.the inspectinn _ . report. 2. We will set-up an ambient air sampling station to determine the dust loading in the air in the vicinity. The material co collected will be analyzed for lead and other possible:, toxic or hazardous materiale. When these results are re- ceived, you will be given a copy of the findinga. 3. If the preceding efforts indicatn that the Gopher plant is not in compliance with MPCA regulations, we will seek a legal stipulation agreement with the company to correct the problem. You will be notified of such a decision if and when redo. 'Regarding other Agencies who have jurisdictional interest, I can suggeet the following public agencies; Mo. Alyce Welke. -2- November 20, 1974. 1, hazardous stack emissions EPA,• Region Vo Chicago° Ill., is interested in and has tested for emissions containing lead, • mercury, nickel, arsenico and such.hazardous,chemical elementc.• 2. Contaminated soil•and plant associated hazards-- Minnesota Department of Public Health° Minneapoliso Minnesota. 3. Information on'air contamination inside the.plant--- Minnesota • Department of Labor, & Industry, Occupational Safety. . It would seem inappropriate.to re -zone, this property to PUD,at this time in view of what we know, as well as what we don't know'o concerniilg pollution and pollutant-leVeit fiom thi • • • EMW1TK/rmg cc: G. Eckhardt. E. Crowley. DAQ Jacket. Sincerely yours, EDWARD M. WIIK, P.E. Director. Division of.Air Quality .„, Minnesota Pollution Control. Agenry LAw OrrICF_o NA HANSON, I3AItD a Lcvy JOS(PH L. eAn0 PHILIP J. L(VV DT(PH(N A.9ARD J(rrp(T A,L(VV I027- 102n PLTM0UTH SUILOIN0 IR SOUTH SIXTH 9TnEET MINNEAPOLIS, MINNE90TA 65462 December-12, 1974 T(L(PNONC ]36-eeon AR(A COO( eI? JOSCPH L. NATNANSON 1002- 1D73 Mr. Donald H. Segel Office of the Solicitor U. S. Department of Labor 230 South Dearborn Street Ch,i.cngu,' I . ,.i.iluia3 60604 • • Re: Secretary of Labor vs. Gopher Smelting & Refining Co. OSA1b2C Docket No, 9516. - -. Dear Mr. Segel: You have requested that we submit to you a summary of the steps which Gopher Smelting & Refining Co. has taken to date..in an attempt to comply with O.S.H.A. guidelines and regulations. 'pertaining to lead fume and lead dust concentrations in the air.. in its plant. At my request; my client has furnished me with this infor mation and I pass it on to you in this letter based on the information supplied to me by my client. The following are the actions taken by Gopher Smelting & Refining Co: in the past year to conform with O.S.H.A. regula- tions: 1. Gopher has changed its cooling system from horizontal pipes to vertical pipes thereby Lessening the exposure of the.workmen during certain clean-up processes. •iu effect this change in.the cooling system, Gopher has • paid to the Lovegren_Company over $50,000 and to the Moorhead Company the sum•of $12,899.40. 2. Gopher has purchased a modern floorsweeper unit from the Tennant Company for the sum of $5,035.68 to help in its housecleaning and to more thoroughly remove particles of.lead dust from the floor. 3. 'Gopher has attempted to change its method of transfer- ring dust from its dust collector (bag house) to the furnace directly without being loaded.. To accomplish this, Gopher has spent'over $6,000 with the Davair . • Company in addition to internal costs incurred by Gopher Mr, Donald U. Segel Pge Two December 12, 1974 in making th disappointmentis change in method of dust transfer. To' the of Gopher this has not been a good - permanent so ution o the problem, apparently due to : certain probllt ems In the principal involved in e Davair: tem. 6sys t,opfler is fu the the prnco; or constrnct-fug a separact:: building for equipment maintenance and repair, Th4t4.. should reduce the activity in the oeeP(40: bullding'and hopefully .reducri fihe emowlt of dust being stirred up. • 7.61,s hi4Ilding will cost approximately $30,000 per an estimate by the Olson Company who is doing the construc— tion work. 5. Gopher has built physical barriers to isolate the. battery plates from the working area. 6. Gopher has replaced cement to make iti roadway.Smoother and. therefore reduce .spillage of materials containing lead dust The estimated cost of this work is approxi— mately $10,000. , 7. .Copher has,retained the services of.Interpoll, consulting.firm specializing In air poluti control to - .• aid them in future efforts'—o comply with o.s.n.A. • regulations. I am enclosing for You e convenient reference a report by Dr. Milos Tomaides, Ph.D., Director of Air Engineering Section for.interpoll,:inc. which report is dated November 15, -1974. Tt is-Copher's-intent.to • ment UUfl dS possible by • _ . undertaking the following affirmative action program: (a) To c6ntinue testing the air in its plant. (b) To improve the furnace hoods as suggested in that report in detail. • (c) To attempt a. new Method of transferi• rng dust h to nveyor. the furnaces_automatically, screw co (d) probably by a To continue its efforts to improvinternal house-. • keeping witparticular stress one employee's min hygiene practices.. This has been the policy of Gopher NATIiANS0N, I ARI) a L.PVY Mr. Donald '}i. Segel Page Three December 12, .974 for sometime but there have been problems in the past in getting the employees to continuallyo�nb- serve the 'hygiene steps necessary to keep their exposure to lead•dust. •(e) Tf•necessary and possible, officers of Gopher will visit other plants which are meant quirements and look for ogler possible control systems which Gopher might incorporate into its operation. • I. think you can see from th�tsforegoing to complyGopher ith bothmthe an•enormous effort for a company spirit and the letter of the Occupational Safety and HealthActht and its implementing regulations.• Gopher wishes to comply F O.S.H.A. regulations and. it is attempting•to do. everything possiblety. to meet those requirements'within the limits of financial poswith p air In other words, if the only way to strictly comply standards is to spend such an enormous amount of -money on pollution control equipment that.it would be beyond the means of the companing y to do, then serious.coiisidera°nUf: businesswould haV.tbe �rtrustothisswill down operations and simply going outo • � not be necessary since I am convinced that my clienth is making tan extremely concerted good•faith .effort to comply., leased letter satisfies your request for information and•I wi11 be.pleased to furnish you with any further specific information you would require. Perhaps after reviewing this material you may have some • suggestions as to hoW to settle the pending case on a mutually satisfactory basis. Very truly yours, NATHANSON, BARD & LEVY Stephen A. Bard SAB/smo cc: Mr. Irving Kutoff Gopher Smelting & Refining. Co. 3385 South }Highway.49 Eagan, MN 55121 (without enclosure) TWIN CITY TESTING AND ENGINEERING LABORATORY, INC. 2440 FRANKLIN AVENUE ST^ PAUL 14, MINNESOTA FINAL REPORT AIR ANDVATER POLLUTION STUDY GOPHER SMELTING AND REFINING CO. MAY 28, 1963 LABORATORY NUMBER 3..388 MIDWAY 5-6446 TWIN CITY TESTING AND ENGINEERING LABORATORY, INC. PROJECT: REPORT OF: Township of Eagan REPORTED TO: Dakota County C/o Luther Stalland 2340 Rand Tower Minneapolis, Minnesota ENGINEERS AND CHEMISTS 2440 Franklin Avenue - St. Paul 14, Minn. AIR AND WATER POLLUTION STUDY LABORATORY No. 3-388 DATE: May 28, 1963 FURNISHED BY: COPIES TO: Gopher Smelting & Refining Co. R. Rosene - Bonestroo, Rosene & Assoc, Final Report of. Air and Water Pollution Study This is the final report on the air and water pollution study of the smelting operations at the Gopher Smelting and Refining Company, Highway 49 and Yankee Doodle Road, Eagan Township, Dakota County, Minnesota, Introduction This laboratory was designated to act independently and impartially in behalf of Eagan Township and Gopher Smelting and Refining Company in determining the de- gree of pollution caused by the smelting company. This study was jointly financed by both parties. • Many complaints have been made in good faith by the residents in the area on the conditions existing in the area of the smelter. Simple denials to many of these complaints have been given by the smelting company in equally goodlfaith. Many charges and counter charges have been made, to the detriment of the good will which should exist between an industrial plant and the residents of the area__ - and thus delaying the reaching of a definite amicable settlement of differences. - which exist, It was unfortunate that in the fall of 1962 that breakdowns occurred i.n.the plant,: which allowed lead compounds to grossly contaminate the surrounding land. This however, pointed out to the smelting company that better means of fume and dust collection were necessary. They proceeded and installed a water -jet spray dust and fume washing unit. This equipment was installed by the Moorhead Machinery and Boiler Company, Minneapolis, Minnesota, This study was made with this new equipment installed and operating, Scope. of Investigation The pollution study -was divided into the following phases. Phase I - Air Pollution (a) Analysis of stack gases. . (lb) Extent of deposition of lead compounds onto the surrounding land. (c). Odor survey. Phase II - Water Pollution (a) Analysis of water from wells in the surrounding area to determine whether or. not lead pollution was occurring. ,py AS A MUTUAL PROTECTION TO CLIENTS, THE PUBLIC AND OURSELVES. ALL. REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OF CLIENTS, AND AUTHOR. IZATION FOR PUBLICATION OF STATEMENTS, CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS 18 RESERVED PENDING OUR WRITTEN APPROVAL. MIDWAY O-044v TWIN CITY TESTING AND ENGINEERING LABORATORY INC. ENGINEERS AND CHEMISTS 2440 Franklin Avenue - St. Paul 14, Minn. LABORATORY No. REPORT OF: AIR AND WATER POLLUTION STUDY 3-388 Pollution Study DATE: May 28, 1963 PAGE: Two Phase I - Air Pollution (a) Analysis of stack gases.. Samples of the gases in the large stack were taken weekly with an impingement sampler. The samples were analyzed for lead and sulfur dioxide. Table I gives the results of the analysis. These samples are "grab" samples and represent the conditions only at the time of sampling. Date and Operation 2.18-63 Reverberatory 2-27-63 Reverberatory 3-6-63 Blast furnace 3-20-63 Reverberatory (water recycled) 4-19-63 Reverberatory (water recycled) 4-25-63 Reverberatory (water recycled) 5-8-63 Reverberatory (water recycled). Table I - Analysis of Stack Gases Sulfur . dioxide Milligrams of Pounds of Sulfur Cu. ft. lead/cu. meter Lead in 24 hrs. dioxide (ppm) in•21.hrs. 34.5 25.9 1,511 • 18,189 19.1 14..3 2,714 32,671 135.9 102,0 1,7011. , 20,513 23.8 17.9 1,014 12,207 19.0 14.3 8,285 99,735 9.3 7.0 8,760 105,1153 14.3 10.8 908 10,093 Calculations based on stack velocity of.8,360 cu. ft./min. (b) Plant Operation Data During the study periods the smelting plant operated as below: 1- Period February 22 - March 22, 1963 Number of days operation 29 Number of days reverberatory furnace operation 23 Number -of days blast furnace operation 6 swvv AS A MUTUAL PROTECTION TO CLIENTS. THE PUBLIC AND OURSELVES, ALL REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OF CLIENT., AND AUTHOR. IZATION FOR PUBLICATION OF STATEMENTS, CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR WRITTEN APPROVAL. MIowAY 5-6446 TWIN CITY TESTING AND ENGINEERING LABORATORY, INC. ENGINEERS AND CHEMISTS 2440 Franklin Avenue - St. Paul 14, Minn. REPORT OF: AIR AND WATER POLLUTION STUDY LABORATORY No. 3-388 2- Period March 23 - May 8, 1963 Number of days operation Number of reverberatory furnace operation Number of days blast..furnace operation 32 26 6 DATE: May 28, 1963 PAGE: Three (c) Lead Deposited on Land From Stack Gases The amount of lead deposited on the surrounding land was determined by placing 12 collectors around the plant area. Six were spaced at a distance of 0.3 mile and six at 0.6 mile, (See map). The exact locations of the collection jars were: Jar #1- 0n pole, 101 north of access road to farm, approximately 501 west of Highway 49. In SW quarter of NW quarter of section 12. ar #2- On fence post at end of Chapel Lane, First post on the left. Jar #3- 0n power pole by railroad tracks. South of Leroy Chapdelane home. Jar #4- On access road to John Trevis farm. 2nd power pole from railroad tracks. Jar ##5- On NE corner fence post of orchard on north side of house. Farm by "Hy - Line Eggs". Jar #6— On fence post in corner of field near creek. In NW quarter of SE quarter of section 12. 0n fence post on Fee Farm. In SE quarter of SE quarter of section 12. Jar #7- Jar #8— On Walter Johnson farm on corner fence post. In SW quarter of SW quarter of section 70 Jar #9 o On fence post about 4001 from sand pit. 130 NW quarter of NW quarter of section Jar #10- Down Yankee Doodle Road to fence and or fence post down the hill. In SW . quarter of SW quarter of section 12. Jar #11- On top of hill behind home at end of road at Wescott Garden lots. In NE quarter of SE quarter of section 14. Jar #12- 0n fence post 2501 north of first turn in access road to Henry Heuer farm. In SE quarter of SE quarter of Section 11. The collections �/weQVre madeain two periods from February 22 - March 22, 1963 aAS A MUTUAL PROTECTION TO CLIIENT d March PUBLIC3AND OURBELVEa. LL REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OF CLIENTS, AND AUTHOR= IZATION FOR PUBLICATION OF STATEMENTS, CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS 18 RESERVED PENDING OUR WRITTEN APPROVAL. MIDWAY 5-6448 TWIN CITY TESTING AND ENGINEERING LABORATORY, INC. REPORT OF: LABORATORY No. 3-3$8 Jar Number 2 3 14 5 6 7 8 9 10 11. 12 ENGINEERS AND CHEMISTS 2440 Franklin Avenue - St. Paul 14, Minn. AIR AND WATER POLLUTION STUDY DATE: PAGE: May 28, 1963 Four After the collection period the jars were taken down, brought to the laboratory and the contents analyzed for total lead. Table 11 is a tabulation of the results: Results of Analysis Milligrams Lead per sq. ft. per month 1st 2nd period period 1,.3. 7.7 0.84 5.7 2.0 0.50 0.67 1.3 7.7 7e14 1.3 1.6 2.9 3.4 1.14 0.90 1.2 Broken 1.1 1.3 0.39 0.90 0.62 1.0 The following factors were used Table 1:I for Lead in Collection Jars. Pounds of lead Lead, p.p.m. in per acre per 2" top soil per year deposited year deposited 1st '2nd 1st' 2nd - Ave. period period period period 4.96 8.88 6.5 15.2 11.9 0.97 1.50 1.7 2.6 2.2- 6.57 8.88 11.3 15.2 13.3 2.30 8.53 3.9 1.4.6 9.3 0.58 1.50 1.0 2.6 1.8 0.77 1.84 1.3 3.2 2.3 3.34 3.92 5.7 6.7 6.2 1.61 1.04 2.8 1.8 2.3 1.38 - 2.4 - 2.4 1.27. 1.50 2.2 2.6 2.4 0.38 1.04 0.7 1.8 1.3 0.71 1.15 1.2 2.0 1.6 in the foregoing calculations 1 acre = 43,600 sq. ft. 1.acre foot of soil 3,500,000 pounds The calculations are based on the deposition of the lead to the top 2 inches of soil and assuming that all of the lead will remain there. AS A MUTUAL PROTECTION TO CLIENTS, THE PUBLIC AND OURSELVES. ALL REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OF CLIENTS, AND AUTHOR: IZATION FOR PUBLICATION OF STATEMENTS, CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR WRITTEN APPROVAL. 0 N s 1112 1.6 Yankee Wescot Garden 14 e il1 Lot/1P LEAD IN TOPSOIL CONTOUR MAP (shows lead deposited, p.p.m., at location of test jars) SCALE: 1" = 1000' County Road 63A '4i8 MIDWAY 5-6446 TWIN. CITY TESTING AND ENGINEERING LABORATORY. INC.. REPORT OF: LABORATORY No: 3-388 ENGINEERS AND CHEMISTS 2440 Franklin Avenue - St. Paul 14, Minn. AIR AND WATER POLLUTION STUDY DATE: May 28,.1963 PAGE: Five The results of Table II were plotted on the map and lead in top soil contours lines were drawn in. The most significant results of this data is: 1. In only the northwest section is the lead deposited in amounts greater than 9 p.p.m. (location 1, 3, & 4). 2. In locations over 0.3 mile from the plant the land deposited in the top soil per year is less than 3 pep.m. 3. At location #7 which is in a northeast direction from the plant the lead deposit- ed is 6.2 p.p.m. 1. From the contour lines the prevailing wind directions generally appear to be. northwest, northeast and southeast in this area. Factors or conditions effecting the amount of lead deposition in the collection jars would be the wind velocity, weather conditions, plant production and height of stack. D. 0dor. Survey Our personnel sampling near the plant were instructed at the beginning of the survey to be on the alert for foreign odors in the area that, would be directly - traced back to the smelter. Twice during sampling an odor'of sulfur dioxide was noted, ata distance of_about 300 yards from the plant. This was during the period of April 19 --April 25, 1963. -.To date -we have re- ceived no calls from the parties involved as to odor* E. Survey of Small Stack The small tall stack exhausts the fumes from lead pots. .The fumes go into a,bag filter before being exhausted into the stack. Sawdust an.d sodium nitrate are used as fluxes and refining agents in the pots. These give a.color to the smoke exhausted. A;..gas sample taken during the refining operations showed a lead content of 3.6 mg/cu. meter or a contribution to the atmosphere of 2.7 lbs. per 24 hours. In order to make arsenical lead arsenic trioxide is added to the molten lead in the pots. Arsenical lead is made to order approximately 3 times a year. The amount of arsenic trioxide used is about 600 lbs. per pot. No tests were made on the exhaust gases from the small stack for arsenic as no arsenical lead was pro- duced during the tasting period of this survey. AS A MUTUAL PROTECTION TO CLIENTS, THE PUBLIC AND OURSELVES. ALL REPORTS ARE SUBMITTED AS THE CONFIDENTIAL. PROPERTY OF CLIENTS, AND AUTH R• IZATION FOR PUBLICATION OF STATEMENTS, CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS 18 RESERVED PENDING OUR WRITTEN APPROVAL. °3 MIDWAY 5-8446 TWIN CITY TESTING AND ENGINEERING LABORATORY, INC. ENGINEERS AND CHEMISTS 2440 Franklin Avenue - St. Paul 14, Minn. REPORT OF: AIR AND WATER POLLUTION STUDY LABORATORY No. 3-388 F. 'Conclusions - Air Pollution DATE: May 28, 1963 PAGE: Six From the above survey it is our opinion that the waste. gas filtering system now is use at the smelter is giving satisfactory performance in removing the lead from the waste gases, In our opinion a minimum of pollution is occurr- ing at this time. As chemists, we can only appraise the'chemistry involved in this survey. • It is our opinion that an agronomist should be consulted in regard to the effect of the lead in the soil upon plants and the growing of crops in this area. Phase II -.Water Pollution A. Water Sampling and Analysis A well water sampling program was undertaken to determine whether or not the ground water in the area around the smelter was being polluted with lead. The analysis of the water samples showed the 'lead content to be less than 0.01 p.p..m. (see our previous' report dated April 10, 1963). B. Conclusions - Water In our opinion no pollution of the ground water with lead is occurring at this time. AS A MUTUAL PROTECTION TO CLIENTS. THE PUBLIC AND OURSELVES. ALL REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OF CLIENTS, AND AUTHOR. IZATION FOR PUBLICATION OF STATEMENTS, CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR WRITTEN APPROVAL. Twin City Te in and Engineering Laboratory, Inc. By _ Fo‘..DER SecwINIS FORR INDV;'itT gy The WHEELABRIAT®R COO Bonestroo, Rosene and Associates, Inc. Consulting Engineers 1381 Eustice Street St. Paul, Minnesota Attention: Mr. Robert W. Rosene Plant Engineer ORATION O°11N5••, MISHAWAKA, INDIANA 46544, U.S A. Telenh921e. RI 5 2141 Wll Ift 6X :25-813 Tcle �y pe. 219 25;-3151 Cable W! 1FF: NRA 1 E December 9 1964 Our 56th Year RE: GOPHER SMELTING AND REFINING COMPANY Gentlemen: TOWNSHIP OF EAGAN AIR POL_LUTZUN_ CODF,_ ORDINANCE NO.__ 12 This letter will serve as a confirmation of o nday, November 23, 1964, and of our meeting on November my appearance with the p p Gopherfromo Smelting and Refining Company e° Township of Eagan, ,�, P Y at a special board meeting November 2g which was held at 8:0C n of the 1964, o'clock on Monday evening, We have made the following guarantee to Gopher Smelting and Re- fining Company: We guarantee that this equipment properly installed, operated and maintained in- structions will , in accordance with our in - produce a discharge free of visible solid particles. Our equipment has met air pollution codes in the major American communities, including Los Angeles County code". We believe that the above set forth in sub- guarantee exceeds the requirements as paragraph 2, paragraph 12.04, in the subject ordinance, Sub -paragraph 1, under aparanraph 12.04, deals with the intangible qualities of nuisance jury to health. defined in the sense of measurable units. Bothnuanc not onll A nu is not always one to another. isance to one man subjects within the medical Health hazards are debatable sub - profession. As an example, the matter - continued - WHEELABRATOR CORPORATION DUST & FUME CONTROL DIVISION MISHAWAKA, INDIANA Bonestroo, Rosene and Associates, Inc. Page 2 of cigerette smoking and the hazards resulting from this practice. As engineers, we cannot judge the ability of our equipment to abate either a nuisance or a health hazard because finite values are not assigned to these items. We do have the assurance from the follow- ing customers that our equipment has met their neighborhood air pollution requirements for the identical operation to that of Gopher Smelting and Refining Company: Continental Smelting and Refining - McCook, Illinois U. S. Lead Company - East Chicago, Indiana Bers Company - Philadelphia, Pennsylvania Southern Lead Company - Dallas, Texas Southeastern Lead Company - Tampa, Florida Willard Smelting and Refining - Charlotte, North Carolina Goldsmith Brothers, Division of National Lead - Chicago, Illinois Douglas Battery - Winston-Salem, North Carolina Toronto Refining and Smelting - Toronto We have also met the local air pollution requirements in other in- dustries throughout the country, including installations in Los Angeles, California. We feel that this equipment, properly operated and maintained, is the most efficient equipment which Gopher Smelting and Refining could have purchased for this application. JHP:mc cc: Very truly yours, J. H. Phelan Regional Engineer Mr. John Valene Gopher Smelting and Refining Company St. Paul 11, Minnesota Baosetibtaist, Rom, 4odenlsh a 4dac , .'l ac. e g#tfinee4d 1381 e.stss sbceet St. maul, Mom. 55108 PHONE: 646-4886 C 0 V Eagan Town Board c/o Mrs. Alyce Bclke, Clerk 1365 Deerwood Drive St.Paul, Minn. 55111 Re: Gopher Smelting - Eagan Township Our File No. 6049 Gentlemen: OTTO G. BONESTROO ROBERT W. ROSENE JOSEPH C. ANDERLIK BRADFORD A. LEMBERG ROBERT D. FRIGAARD December 7, 1965 On December 3, 1965, tract undersigned made an inspection trip to Gopher Smelt- ing to check the reported installation of a gas line and to check the operation of the dust collection equipment. The proposed gas lime is a 3/4" line from an existiu natural gas stub in the Locker and Lunch Roomy Building to the Office Building. It is to provide natural gas for heating the office and alloy elimination of the LP gas supply to that heater. ir. Walene stated that the line is being installed by Northern }natural Gas Co. The location end manner of installation appeared to be proper. 10 safety hazards are anticipated. The operation of the plant and dust collecting equipment vas checked. The plant was in operation but apparently with a small number of men. The dust col- lecting equipment was in operation and no visible particles were in evidence issuing from the stack. The recording type pressure loss indicator has not been installed and no written procedure of maintenance was available. These two items were recommended to he required in our letter relative to the approval of the dust collecting system Upon discussion with Mr. Kutoff and Mr. Valene on these items, correspondence vas sham which indicated a different type of recording device was being recommended by the Wheelabrator Co. They were requested to submit in writing to the Town Board copies of this correspondence and also to prepare the written maintenance program. During the inspection, at our request, the dust collection system was by-passed for a few seconds. The dust emitting from the stack was very great. After the collection system was back on the line, the stack cleared up within 20 seconds to have no visible particles issuing from it. At the time of this inspection, plant operation was proper. It is recommended that the recording device and maintenance program be required to help insure that the operation is continuously satisfactory. Very truly yours, BONESTROO, R0SINE, ANDERLIK & ASSOCIATES, INC. Robert W. Rosene RWR:as cc: Mr. Rahn ,/ Mt. Klein - v _ _ '£nclosad tb tip; a # +l ac itrvsd, grc ►'WhOo' tho labrator Corvotottoti4tmtiecrp anus ge taaa a . tboey .; stool ttto Gopher _died! ny a -00 aeot--dust.. collect; • i :Ch sue..pv pos 'to tioteili. ; Rstad 1 k fir. 'Ph to .oit , our toottot With. btu c ► 1500Obeir 23 »s P ..We.-bavo plAno of bog b uea dust col . t . Oystoo. - A 'aeplecial rift moo' _ the ;d b . , C tvisor- itl+gia o d 7f tt : r srsa td 1407 Itittobble, 'Of the" . tffutoscts Disport : 11 alth to d erns,-.1syatoe . ltr.;-.l bba. that Ow. l,a� brato r soy' fs 11Auteeni..iii • f i lid off: obawe►t oaotl la�ctt t - + bao st+po *e,pco •Lor pad a - ito lity�:.. prods ot....8e tog to ,t lath pope. atia tea' `t t t va uld do .sae t a ,jib of, sir potictioot `oaonttol 4to,:opit4.'ibet-obtained oend t t tt�is soput0,014: oe a d fat 2th 14 M so ssJa>;ta ieii► bat t 1 � est k x" .po11u t - ets rd. : It , vas fOrthOr a rra t d: tba :. a ti rd proemur* lob* tatter f tst1sd la .;t a syeta as a1d ' bs dss*Table , to di+ to !ice .the prellOto dotty •acrets - ti 'to; r ro .vartee, SOW Sj ei told std of . . prpoar. msls •'aaotd t a�'ld 11. s . cowl: :.t o: o zd a tbo operot s, .A lstter bat ? * tts a, its, :tb .& a` •tie loli�stllao. iccs ttsol'a py. r eittSOf i o twat t poi their tbodds- o . t tat•,a at ct asd <QrO . oplrt~ott . Do nee laws, yot boeata r.cstvatd a its* this liefotodettoo-prividod by ratar _ by di*cuocies with tb Kttteoo sots _lepattotot of 11Q4101 ;it is_ r that- the:: testa11st Of the ► etutt cb%lsbtios emote* b approvod set -to .tho do1Lov •retuttt 1. £ .cording41128'0P0 prsrsur'a ,1055 gat of '1aa it tetll+4 to- provider a + t v tord; of tbs prootatO „'bet i woes taltoe: ' tit collaet2eigsqa - oast. t,loitottoi: goober ®d poems°'yet etc °pisso r berms is to - boe-iiiiiii004-oboold be sa r cc a+ d:4y. tboe retetofOOOrtat of ce11tctiu oq►ipolott ate jectt -esitivvvol by eTo :Toro 110444 Iced Deeember .14, 1 c/o Wes. A. #olke..Cif It.` Pin U. lie.. .Oar Pilo- 40049 • iv+ 02)- I.:.: - e u t collecting *yetis' shall be Ope rateet so that aC.-no time will- it be .Used. .y ite ' rcatsd ca$city with 'one cra.paarecee mct --imitable for sbake►do t or as standby . 'A detailed lealeeeneeet Dielleate se ' lard` by bus t be . prepared im writing' -01d, is • approvled.:,b r 'abe Tel • Iaud, •, r be- fel/Aw ed by theGerber . la ;wow. Witten, records_ :et the . . eat perfo�d condition of - then . Rquig it bs kept by the r and. a-- vapor .submitterd annually ite ihr Tema $Card. • 6.: prenieea bi open to`offli#ally= desia *ttd; sera oiuio : of tompia tor. inspection att may. a.lar. Datatle of how *n ",iv! epeetiena are: to .:be cardsted out and vb t of#taisl perselaerl af ,ram Gopher- - hear may aim to be ce s# ted , each .t &, o :.bc 4d( b.• worked out Wine., i. C+a may so that Pit s&f.ty .astsd .8ecuriti,regu- lama are 'fo11cws4.. ah iaspectious:eboull.4 inAtoOrdaett with fttotatendatioiliveipeutted to be.- received treat the toe vies Comt'y Air Pollution - trol Dt.atrict. = mb. Kleist Schwanta" • wirit verytruly, osemi December 7, 1964 Eagan Planning Commission c/o Mr. Jim Klingal, Chairman 2633 Pilot Knob Road St. Paul 18, Minnesota Re: Gopher Smelting Warehouse Addn. Eagan Township Our File 6049 Centlamsn: Attached hereto is one copy of the plats for the proposed warehouse addition to the Gopher Smelting Company. Also en* closed are a layout of a new reverbatory furnace and the menu- facturers bulletin on the burner to be used in this furnace. The plans of the building have been prepared by a registered engineer and meet the normal building code requirements of the Township. The furnace and burner are of standard construction for this type of equipmsnt. Under another project, the company is engaged in construct- ing a new bag type dust collector which is rated as large enough to handle the flue gases from the new furnace as well as the present two furnaces the Gopher Smelting Company has stated that at this time they do not intend to operate all furnaces at the same time. The installation of the new reverbatory has been discussed with the Minnesota Department of Health. It was their opinion that the new furnace would be desirable to enable the old furnace to be shut down for reconstruction. Having two furnaces would enable the plant to maintain one operating furnace in good repair at all times. It was also believed that the new building will enable the company to keep more items enclosed which will be * benefit to the surrounding area both in appearance and safety. With proper assurance of good maintenance and operation of the dust collecting system and further assurance that the new facilities will not create additional air pollution problems in the area, it is recommended that the construction of the nay building and furnace be approved. Yours very truly, R00, DOWNS 6 ASSOCIATES, INC. f Burt W. Rome RWR:h cc : A. Rain A. Holks L. Stalland December 7, 1964 Air Pollution Control District 434 South San Pedro Street Los Angeles, California Re: Air Pollution Eagan Township, Minn. Our File 6049 Gentlemen: We are serving as Township Engineers for Eagan Township. The Township is faced with an air pollution problem due primarily to a lead reclaiming plant which melts down old storage batteries. In reviewing this with the Minnesota Department of Health, they suggested that you could possibly furnish the information desired. The Smelting Company has previously installed a cyclone washer type of dust collector which seems to be satisfactory when operating properly but which has had some maintenance 'ifficultiee causing peri- odic emiss=ono of smoke. Previous to the installation of this equip- ment a bag type collector was in poor state of repair and the resulting contamination of the agricultural land around allegedly caused the deaths of a number of cattle and horses due to lead poisoning. The Town Board of Supervisors is interested in obtaining infor- mation on known regulations on the emission of lead and also administra- tive procedures on policing the maintenance and upkeep of dust collect- ing systems. We are also evaluating a new bag type dust collector which the smelting plant is proposing to install which they claim will be more maintenance free than the cyclone washer type. This new equipment is manufactured by the Wheeiabrator Company and is guaranteed by the manu- facturer to meet air pollution standards of any part of the country in- cluding Los Angeles County. We would appreciate any information you may be able to give on regulations of this type of industry and any suggestions you may have on insuring proper maintenance or on policing. Yours very truly, BONESTROO, ROSKNE 6 ASSOCIATES, INC. /?4't•/ ( Robert W. Rosen RWR:h cc: A. Rahn J.Klein A. Bolke v February 17, 1964 Town Board Eagan Township c/o Mrs. Alyce Bolke, Clerk 1365 Deerwood Drive St. Paul 11, Minnesota Re: Gopher Smelting Co. Bldg. Addition Eagan Twp. File #6049 Gentlemen: We are transmitting herewith one copy of the plans of the building addition to Gopher Smelting Company as prepared by Ackerberg & Associates, Registered Architects. These have been reviewed and are approved as submitted. It is recommended that the building permit be issued accordingly. Yours very truly, BONESTROO, ROSENB & ASSOCIATES, INC. Robert W. Rosene RWR:h cc: Art Rahn Luther Stalland Golpher Smelting Co. Encl. STATE OF MINNESOTA DEPARTMENT OF HEALTH July 11, 1963 Mr. K. W . McKase, a seai<icn General BeverBeverace Company 2755 Highway 55 $t. Paul, Minnesota Dear Mr. Ham Tic refer to an roves ;i4atirsi of waste dimose1 at the planet in Dakota County on June 18, by R. D. Miller, Assistant Public Health 1 n : in.eer of this Seeti* • . The investigation was reds because of complaints from 1 residents concerning nuisance odorsori�=,it�atti otes �ii sci ed from the plant. The field observations generally confirmed the complaints and indicated a need for improved facilities for dieposaal of the wastes which contain sugar or sort drink concentrate, spike, and general clean-up Este. Disposal of the sewage and ether wastes appeared to be satisfactory. You will recall that thiea utter was discuese1 with you, and A. F. Dectk, Vice President, at that time. It is our uncierst n i. from the discuesaian that the company will. provide soitional chemical treatteWtit of the roadside ditch and pond which receive he wastes in order to reduce tho odors. In addition; i`. rtb s r jteprovements are to be movie in the physical face l i ties to provide ,tisfactor;,; disposal of the wastea in the future. It is rocommended that the r crzpany employ a constating engineer �o make a study of the plant vestas, and prepare plans for, adequate waste diaposal facilities. Consideration may be riven to a soil absorption ayst+r , althou ie pre-trestnont of the wastes which omatain ouantities of raw zateriala or products may be necoe to i:tevid possible o1o<>,t;in of the soil absorption system. Plans for the proposed Imsorevements should be submitted, in duplicate, to this )1,partuelat for review and consideration by the 'dater Pollution Control it Commission before constructionis started. If you have any questions eonceraire;r this matter, please let us know. Yours very truly, Lyle :. Smith, Chief :5ecti cn of :meter Pollution Control. FEDERAL 2-5517 LAW OFFICES OF JOSEPH L. BARD 1027-28 PLYMOUTH BUILDING MINNEAPOLIS 3,.MINNESOTA July 3, 1963 Mr. Art Rahn Chairman Eagan Township Board 3920 Rahn Road St. Paul 11, Minnesota In re: Ordinance No. 12 Pollution Ordinance. Dear Sir: I was one of the attorneys present on July 2nd at the Eagan Township Hall when the above pollution ordinance was discussed and recommended for passage. Mr. Vance Grannis.and myself represented the Gopher Smelting and Refining Company. I believe you will recall that during the evening several of the attorneys representing industry spoke, not in opposition to the 'ordinance generally, but they did make certain constructive suggestions which would eliminate confusion and make the enforcement of said ordinance much simpler. The suggestions might also give valid, fair and equitable consideration to the several industries who, I believe, are the largest taxpayers in your township, I believe it was suggested that prior to your passage of Ordinance No. 12 you ask your attorneys to review the Minneapolis and St: Paul smoke ordinance and the new Minneapolis zoning ordinance. We representing industry feel that especially the new Minneapolis zoning ordinance has set out certain definitions of terms and formulas for the court's use in determining whether a violation exists. This would materially benefit not only industry but also all the citizens of Eagan Township. You must realize that if industry is faced with an ordinance as broad as the one you have proposed for adoption, in most cases, it will take a lengthy, protracted trial, not only in the District Court but in all probability review of result would reach the Minnesota Supreme Court. We feel this is unneces- sary, and that our request to amend the ordinance , and the further request to meet with your attorneys in order to obtain an ordinance which industry and the residents could live under, is of greater benefit to the Township residents and taxpayers in your community than the passage of Ordinance No: 12 in its present form: Mr: Grannis and myself moved for two amendments which we consider absolutely necessary, and a failure to include them we consider makes the ordinance arbitrary and ccapricious. The amendments that we suggested are as follows: In 2. under 12.04, page 3 of your proposed ordinance, the following should be added to said paragraph: "Except when building.a new fire, cleaning a fire, or when breakdown of equipment occurs such as to makeit evident that Mr. Art Rahn JOSEPH L. BARD - 2 - July 3, 1963 the emission was not reasonably preventable. For the purpose of grading the shade or density, the Ringelman Chart, as published and used by the United States Bureau of Mines, which is hereby made a part of this chapter by reference, shall be the standard." We further recommend that 12.05 of the ordinance should have the following added to the same: "If at the time of any inspection it is found by the inspector and the Board of Supervisors that the equipment is in such condition that it cannot be operated within the provisions of this chapter, the town engineer or such other person as the board of supervisors shall appoint as the pollution inspector, shall give notice in writing to the person, company or corporation owning, operating, or in charge of such equipment, of the defects at1 found and order to correct, repair or replace the defective equipment within 30 days from the date of the serving of the notice." I feel that the suggestions I make in this letter are fair, equitable,, and should merit a reappraisement and a reconsideration on the part of the Board. Respectfully submitted by myself as attorney for Gopher Smelting and Refining Company, JLB/mhp cc: Mr. Luther M Stalland Suite 2340, Rand Tower.' Minneapolis 2, Minn. Bonestroo, Rosene & Associates, Inc: 1381 Eustis St. St. Paul 8, Minn. Attention: Mr. Robert W. Rosene Joseph L. Bard i j C is r. ' Ji 4 January 7, 1963 Town Board Eagan Township c/o Mrs. Alyce Bolke, Clk. 1365 Deerwood Drive St. Paul 11, Minn. Re: Gopher Smelting Co. Eagan Township - File 6049 Gentlemen: On the afternoon of January 3, 1963 we inspected the Gopher Smelting Company particularly to see if offensive odors or fumes were being given off. The smelting portion of the plant was closed down at the time and only one hot lead kettle was in oper- ation from which ingots were being poured. A small amount of smoke was noticed from the oil furnace stack. This was corrected immedi- ately by Mr. Kutoff, the superintendent, by adjusting the oil supply. Mr. Valine, the president, was not present but a lengthy dis- cussion was held with Mr. Kutoff and all parts of the plant were in- spected. The plant was shut down due to their making some additional improvements in the suction piping leading to the new cyclone equip- ment which is designed to remove all objectionable matter from the flue gases. They believe the new piping will eliminate several sources of difficulty with the new system. It is expected to be back in operation next week though additional modifications will continue to be made until all of the operations giving off bad fumes are controlled by the new equipment. A number of improvements to the structures have been made which improve both the appearance and the safety of the plant. New equipment being installed with the cyclone equipment indicated considerable in- vestments are being made to improve the plant. Mr. Kutoff stated that he believed the recent lead poisoning of nearby cattle was caused by difficulties experienced last summer before the new equipment was installed. He indicated they are very conscious of their responsibility to keep the cyclone equipment properly oper- ating and that they intend to shut down when it is not operating. -1- -2- Town Board Eagan Township c/o A. Bolke, Clk. January 7, 1963 Gopher Smelting Co. In summary, we believe the present management is trying to improve the plant so it will not be a nuisance or health hazard. A number of improvements are yet to be completed. Also, the plant should be in- spected relatively frequently and at random times to insure that they operate the plant as they should and as they have stated they will. RWR:h cc: A. Rahn L. Stalland �JJ Yours very truly, BONESTROO, ROSENE & ASSOCIATES, INC. Robert W. Rosene TWIN MIDWAY 5-6446 PROJECT: REPORTED TO: 0/0 ENGINEERS AND CHEMISTS 2440 Franklin Avenue - St. Paul 14, Minn. REPORT OF: AIR POLLUTION STUDY Township of Eagan Dakota County Luther Stallard 2340 Rand Tower Minneapolis, Minnesota DATE: July 170 19614 FURNISHED BY: COPIES To: Gopher Smelting & Refining Co. Bonestroo, Rosene & Assoc.. LABORATORY- N 3-788 (Page 1 of 2) Report of Air Pollution Study This report covers the analysis and results of a one year air pollution survey conducted in the vicinity of Gopher Smelting and Refining Company. The study was made as before by placing 12 collection jars around the plant and in the same lo- cations as previous reports. The jars were set out on June.13, 1963 and taken in on June 15, 1964. the Jar Number and location (same °as previous reports) RESULTS: Tabulated below are the results of the chemical analysis of the contents of collection jars. 1 # 3 4 5. 6 7. 8 9 10 11 12 Milligrams Lead per sq. ft. per year Pounds of Lead per area per year deposited Broken by vandals 1107 51.1 23.3 8.8 1607 2107 10.0 17.2 13.3. 702 10.0 1.12 Ii .91 . 2.24 0.84 1.60 2.08 0.96 1.65 1.28 ;0.69 0.96 Lead, p.p.m. in 211 top soil per year deposited NOTE: The same factors were used in calculatingthe above the previous reports. Collection jar had about 2 1.9 .. 8.tt `3.8 2.7 3.6 1,6.: 2.8 2.2 1.2 1.6 results as Lead, p.p.mo in 2n top soil per year a pre- vious report average 1109 202 13.3 9.3 108 2.3 6.2 2.3: 2.4 204 1.3 1.6 those given in handfulls of sand in it when taken down. AS A MUTUAL PROTECTION TO CLIENTS. THE PUBLIC AND OURSELVES. ALL REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OF CLIENTS, AND AUTHOR• IZATION FOR PUBLICATION OF STATEMENTS, CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR WRITTEN APPROVAL. AY TWIN CITY TESTING AND ENGINEERING LABORATORY, MIDWINC.5-8448 ENGINEERS AND CHEMISTS 2440 Franklin Avenue - St. Paul 14, Minn. REPORT OF: AIR POLLUTION STUDY' LABORATORY No. 3.788 DATE: July 17s 1964 PAGE: 2 DISCUSSION: A review of the results in comparison to the previous report (Final Report dated May 28s 1963) shows:_ 1e That the same general pattern of deposition of lead compounds was founds, (See map in Final. Report). 2e A marked reduction'in the amount of lead deposited is indicated' for the collection points #38 #its #7A 3.- A small reduction as shown at collection points #2, #, #8, #10 and #11.. • A small increase is noted for collection points #6 and #9. ,From the,,above results it is our opinions that the filtering and washing system -for the stack gases is being operated more efficiently and effectively, REMARKS.s: • The above reported results and conclusions are based on the analysis of the contents of the jars, AS A MUTUAL PROTECTION TO CLIENTS, THE PUBLIC AND OURSELVES. ALL REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY. OF CLIENTS, AND AUTHOR. IZATION FOR PUBLICATION OF STATEMENTS. CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS' 1S RESERVED PENDING OUR WRITTEN APPROVAL. Twin City T=st' g an • Enineering Laboratory, Inc. g By TWIN CITY TESTING 1 MIDWAY. 5-6446 ENGINEERING �BORATORY, INC. PROJECT: REPORTED TO: ENGINEERS AND CHEMISTS 2440 Franklin Avenue - St. Paul 14, Minn. REPORT OF: TEST OF WATER ( AMENDED REPORT ) Township of Eagan Dakota County C/o Luther Stalland - Rand Tower .Minneapolis, Minnesota DATE: April 10, 1963 FURNISHED BY: COPIES To: Gopher Smelting,- O0• LABORATORY No. 3-388 Report of Test of Water (Amended Report) This report covers the recheck analysis of well waters collected Township in the vicinity of Gopher Smelting and Refining Companyo Following are.the results: Location 10 '; Leroy Chapdelaine #11 - St. Paul Water #12 -•Minneapolis Water #13 Roseville Area Water #14 - St. Anthony Village Area Water #15 = Frank Heuer #16-i Gopher Smelting Co. #17 ® Roger Schaaf - 51:5 Chapel Lane #18 --Virgil Schaaf - 520 Chapel Lane #19 - Clyde Roe - 530 Chapel Lane #20 a Earl Roe - 534 Chapel Lane #21-Harry Rosacker - 540 Chapel Lane #22 - Don Tietzen .;..Chapel Lane #24 - Douglas Witt - Chapel Lane #25'- Don Chapdelaine - 575 Chapel Lane #26 - '0*Brients Half Way House #27 - Wm. Bird - 3225 Randon Road #28 - Paul. Schlesinger - 640 Lon 0ak #29 - M. Barficnecht - 835 Lone Oak #30 - Geo. Kirchner - New home #31 — Geo. Kirchner - Old home #32 - N. W. Bell Telephone #33 - Gerber 'Hatteberg - -1033 McKee #34 McKee Garage #35 - C. W.-Groth --735 Lone Oak Road Lead (p op'omo )' '.Less than 0.01 Less than 0.01 Less than 0.01 • Less Less Less Less Less Less Less Less Less Less Less Less Less Less Less Less Less Less Less Less Less Leas than 0.01 than 0.01 than 0.01. -than 0.01 than 0.01 than 0.01 than 0.01. than 0.01 than 0.01 than 0.01 than 0.01 than 0.01 than 0.01 than 0.01 than 0.01 than 0.01 than 0.01 than 0.01 than 0.01 than 0.01 than 0.01 than 0.01 in Eagan The original method of analysis used for the determination of lead was the one - given on page 149 of the 11th Edition.of !'Standard Methods for the Examination of Water and Wastewater!' published by the American Public Health Association. AS A MUTUAL PROTECTION TO CLIENTS, THE PUBLIC AND OURSELVES, ALL. REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OP CLIENTS.' ND AUTHOR. IZATION FOR PUBLICATION OP STATEMENTS, CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS IS RESERVED PENDING OUR WRITTEN APPROVAL. MIPWAY TWIN CITY TESTING it ENGINEERING aBORATORY, INC.5-6446 ENGINEERS AND CHEMISTS 2440 Franklin Avenue - St. Paul 14, Minn. REPORT OF: TEST OF WATER (AMENDED REPORT) LABORATORY No. 3-388 DATE: April 109 1963 PAGE: Two In conferences with the Minnesota Department of Health it was agreed that the method is marginal in the amount of potassium cyanide used to complex the zinc(' Thus, for waters containing large::. amounts of zinc the method is inadequate(' This was the cause for the reported high determinations of the first analysis. .The analytical procedure was modified so as to eliminate the zinc interference. -The waters were then analyzed for lead by a modified procedure* The samples no. 1-9 were used up during the previous testing, thus no further analysis could be made, but from the above we expect the lead content to be 0.01 p('p.m. or below® -Zinc in the water results from the corrosive action of water on galvanized parts in the system. It is our opinion, from the above results that no ground water contamination from lead, is occurring from the operations of the Gopher Smelting and Refining Company, AS A MUTUAL PROTECTION TO CLIENTS. THE PUBLIC AND OURSELVES, ALL REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OP CLIENTS, AND AUTHOR- IZATION FOR PUBLICATION OF STATEMENTS, CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS' IS RESERVED PENDING OUR WRITTEN APPROVAL. Twin City Tstin9 and Engineering Laboratory, Inc. By March 5, 1963 Town Board ,:agan Township c/o Mrs. Alyce Bolke, Clerk 1365 Deerwood Drive St. Paul 11, Minnesota AY Re: Gopher Smelting Investigation Gentlemen: As requested by the Town Attorney, we have investigated the possibility of having the University of Minnesota follow up on their tests of lead content in the soil in the vicinity of the Gopher Smelting Company. Professor Paul Hammond of the Department of Veterinary Physiology and Pharmachology was contacted. He stated they could not go into an extensive program but agreed to retest the various areas of the Fee farm where they made tests last fall. They will take samples when the ground is thawing, once again in mid summer and again in the fall. It is understood that they will notify the board of their findings when the tests are com- pleted. Yours very truly, BONESTROO, ROSENE ASSOCIATES, INC. Robert W. Rosene RWR:h cc: Art Rahn L. Stalland LAW OrrICES LUTHER M. STALLAND SUITE 2340, RD TowER MINN$ApoISs 2, MINNESOTA PAUL H. HAUGE Board of Supervisors Eagan Township Dakota County, Minnesota Gentlemen: January 29, 1965 Re: Gopher Smelting Company Application for Permits for Furnace and Building I have reviewed the applications of Gopher Smelting Company for building and special use permits to construct an additional reverberatory furnace and furnace building because of the possibility of litigation in the event you deny them at your next meeting. I have also examined to some extent the applicable decisions of the Court and our own ordinances. It appears to me that if you deny these applications, the Board is faced with two situations. First, assuming you determine that the present Gopher operation is a non -conforming use, (i.e. the smelting operation is Heavy Industry in an area zoned Light Industrial) it is possible that the special use permit could be denied on the ground that Section 3.01, Ordinance 6, does not permit any substantial change or addition to the plant and operation. Secondly, it is possible for the Board to deny the permits on the ground that the extension or alteration of the operation is injurious to health, a safety hazard, a nuisance, or contrary to the general welfare, if specific and cogent reasons can be shown to this effect. The cases are uniform in stating that each zoning situation must be based upon its own particular facts. It should be appreciated that neither the facts here in question nor our particular ordinances are identical with those which have arisen in any other case. At any trial, we can count on the fact that Gopher would produce expert witnesses to show that the contemplated improvements are for the benefit of not only their own employees but also the surrounding residents. We are going to have great difficulty opposing this theory in view of the recommendations of our own Town Engineer and the statements and proposals of the Minnesota Industrial Commission, the State Health Department and. the private engineers who have recommended this type of system. YE 6-8361 - 2 - Board of Supervisors January 29, 1965 It may well be that our strongest position is under the non- conforming use clause mentioned above whereby the Board would take the position that the Ordinance does not permit the material or substantial alteration or extension of the plant facility which, in fact, the addition of the second reverberatory furnace and building would be. However, to offset this, Gopher will be able to show the addition of the bag house which has been approved by the Board and the addition last May of the employee locker room and warehouse facility and such other improvements as they have made from time to time over the course of the past several years. Gopher could, and no doubt will, contest the validity of the ordinance, and particularly the non -conforming use provision on the ground that it is unreasonable or ambiguous and unreasonably deprives Gopher of its constitltional rights to conduct a lawful business. How the Court might pass on this would depend upon how it read the ordinance provision and related it to the practices of the Board in the past. Another aspect in favor of Gopher is the fact that the plant has been in operation for quite a number of years, was there at the time of the adoption of the ordinance, and that not a great many residences have been built in the surrounding area; and, more important, the Planning Committee several years back zoned the property through that area as Industrial contemplating a development in that area of industrial use. We have railroad trackage through this zoned area, highway access and a natural extension of the industrial area further to the north. The Court could well hold that the improvements which Gopher is making are not of such a nature as to be considered substantial structural alterations simply because the additions are improvements in the existing operation and neither greatly expand the operation nor create any detrimertal effect by virtue of the additions. Conversely, we would contend that the alterations are substantial, would likely increase the capacity of the plant and therefore would be in violation of the non- conforming use provision. I am writing this letter to you simply to apprise you generally of the situation with which we are faced. I cannot determine the outcome of any litigation which might arise over your denial of the application. I do feel, however, at this point that at best we have a rather weak case. Naturally, this does not mean that we will not do our best to substantiate the denial if you decide to do so and to prevail in the courts if it comes to that. -3 - Board of Supervisors January 29, 1965 I suggest that this letter not be made public at this time since it will only hurt us in any lawsuit. Consequently, I am not submitting this to the Board as an official opinion. I am, however, enclosing a proposed resolution for your consideration prior to next Tuesday's meeting in the event you decide to deny the application. If you decide to grant the application, a simple resolution will suffice. If you have any question before the meeting about this, kindly call me. Yours very truly, LMS:bh Lut er M. Stalland CC: Arthur F. Rahn John J. Klein Edward Schwanz February 4, 1963 Board of Supervisors Cagan Township St. Paul 11, Minnesota Re: Li-40;er dmeitane 1,emeene Gentlemen At the January 15th meeting cf the Board of Supervisors, the Town Engineer and the undersigned were requested to conduct an investigation relative to the Gopher emelting Company as the result of complaints presented to the Board of Supervisors by residents in the vicinity of the smelting plant. The complainants alleged that this plant on Highway #49 had been emitting poisonous lead particle"; inte the atmosphere in such quantity to endanger humane, animals and other real and personal property in the area. In support of their allegations and oral report was submitted by Dr. Arthur Aronson of the University of Minnesota covering soil and forage tests for lead on the Fee and des Lauriers farms, together with statements by the resdients' spokesman, Don Chapdelaine, that noxious odors and smeke had been evident in the area over a long period of time. It appearedthat a number ef cattle had died from lead poisoning and that toxic quantities of lead existed in silage, forage, and sells on these farms. The Town Engineer and/or the undersigned have contacted members cf the staffs of the State Health Department, University of Ainnesota and Twin City Testing Laboratories to determine appropriate steps for checking the plant operations and the surrounding area for pollution and contamination. It has been determined that twin City Testing Laboratories is the one concern qualified and equipped to do the job. In addition, we have inspected the Gopher plant and equipment, have talked with cempany cfficials and Mr. Chapdelaine. It has been agreed by the company and the residents that Twin City lasting is satisfactory for the purpose of making such tests as the Board of Supervisors deems appropriate. Twin City Testing proposes that the following tests be made: Phase Apx les; - samples of stack gases to be taken 3-4 times during a one month period. litmsaisPher Particle 1-st - 20 jars to be placed through- out area surrounding plant twice during a 2 month period. Comparative profiles to be prepared. A Board of Supervisors -2- Phase ri'41: Stack Gas 4rnd 4Vartigle Test - 4 tests during a one month period of gas and materials emitted frum stacks. Ef£luergt L�gt - samples of effluent to be taken from settling tank outlets once per week for a month. Cf,iri.cgcy Study - contrasting influent and effluent at the settling tanks. water F g11 Survey- 15 wells within half mile radius; of plant to be tested for pullution. `.e-tests on same wells to be tested b months and i year following first tests. The costs of making these tests is 4900 for phase '1 and 4600 for phase #2, or a total of 41,500. By agreement with Gopher :smelting Company, it will pay for phase 7 1 test: and the township will pay for the phase #2 tests. it has also been agreed that the tests result will be made available to the company and to the interested residents in the area fur the sole purpose of determine; about what steps should be taken by the Board of Supervisors to protect the public health, safety and welfare, but shall not be used by any individual in private litigation against the company. in addition, to be foregoing we have prepared proposed Eagan Township ordinance No. X1 called "pagan Township Smoke Ordinance." in preparing this ordinance consultation was had with officials of the cities of Minneapolis, Bloomington and Sest St. Paul and Twin City Testing Laboratories with respect to similar ordinances and appropriate provisions addressed specifically to the needs of Eagan Township. Copies of the proposed ordinance are hereto attached. Upon completion of the above tests it is contemplated that a full report with recommendations will be submitted to the Board, the company and the interested residents. After that it will be up to the Board to take whatever action it may deem necessary. i_Ms : mg Yours very truly, outher M. :etalland February 9, 1963 Mr. Art Rahn 3920 Rahn Road R # 1 St. Paul 11, Minnesota Dear Mr. Rahn; , In accordance with your instructions, we are reporting the following offensive emissions of smoke and odor from the Gopher Smelting Plant, which have been observed. Listed below are the dates, time, descriptions of emissions and the names of the parties reporting the complaint. Date: February 5, 1963 Time: ,5:00 P. M. Description: Black smoke was exhausted from newest stack. Reported by: LeRoy Chapdelaine, Clyde Roe and verified by our Town Constable, Mr. Martin DesLauriers whom I contacted after failing to get an answer in my attempt to call you. Date: February 5, 1963 Time: 10:00 P. M. Description: Very offensive, acrid odor was exhausted and carried by the southerly wind over the area north of the plant. Reported by: Don Chapdelaine Date: February 9, 1963 Time: 11:30 to 12:15 P. M. Description: Heavy black smoke was exhausted from the newest stack. (This is the stack servicing the new filtering system.) Reported by: LeRoy Chapdelaine. There have been many periodic emissions of light blue smoke from a very short stack; however, this condition, which proves to be offensive, does not last for long enough intervals so that we may contact you to observe this condition personally. If further long term emissions of black smoke occurs, such as it did on Tuesday evening, February 5, we shall -call you immediately. YoL rs truly, R. # 1 411, ���:��-4 St. Paul 11, i �� 575 Chapel Lane DC km Donald Chapdelaine Minnesota C.C. Irving Beaudoin Luther Stalla.nd Mr. Art Rahn 3920 Rahn Road R. # 1, St. Paul 11, Minn. March 7, 1963 Dear Mr. Rahn, Please be advised that on Saturday March 2nd, it was reported to me, by LeRoy and Joseph Chapdealine thtt the Gopher Smelting Plant was the -source of periodic exhaustion of heavy, black, acrid smoke from the tall new stack, the windows and. every opening in the building. These emissions lasted for periods of about one half hour, making it dif`'iclut for them to contact you to observe this situation personally. We believe this is just further evidence that the present system of filtering is in the experimental stage at this time. C.C. Irving Beaudoin Luther Stalland Yours Truly Don Chapd.elaine R. # 1, St. Paul 11 Minnesota Mr.. Art Rahn 3920 Rohn Road R #1, St. Paul 11, Minn. Feb. 26, 1963 Dr. Mr. Rahn, We are reporting the following offensive emissions of smoke and odor from the Gopher Smelting Plant in writing so that there may be a record for future reference. Listed below are the dates, time descriptiong of emissions and the names of the parties reporting the complaint. Hate: Feb. 9, 1963 Time: 2:00 P. M. Description: Black smoke from the tall slim stack Reported by: Mrs. Willard Berfelz, Wilfred Heuer, and LeRoy Chapdelaine Date: Sunday Feb. 10, 1963 Time: 2:00 P. M. Description: Heavy Black Smoke exhausted from tall slim stack Reported by: Clyde Roe, LeRoy Chapdelaine, Joseph Chapdelaine Don Chapdelaine Date: Feb. 15, 1963 Thme: 10:30 A. M.- Description: Black Acrid Smelling smoke from the big new stack Reported by: LeRoy Chapdeline Date: Feb. 16, 1963 Time: 1:30 to 3:00 P. M. Description: Acrid smelling smo} eo from large new stack Reported by Wilfred Heuer d waft Chapdelaine and LeRoy Chapdelaine Date:Sun. Feb. 24, 1963 Time 12:30 P. M. Description: Heavy exhaustion of blue smoke from roof of plant. Reported by: Mrs. Wilfred Heuer and Joseph Chapdelaine As you will note, most of these situdittions occured beforedur meeting at the Plant on Feb. 18th, however we felt that it was proper to report the complaints to you in this manner. C.C. Irving Beaudoin Yours Truly Luther Stalland Don Chapdelaine R._# 1, St. Paul 11 Minnesota THE METHODIST BUILDERS OF THE ST. PAUL DISTRICT ST. PAUL, MINNESOTA W-2581 First National Bank Building March 4, 1963 Mr. Arthur Rahn 3920 Rahn Road St. Paul, Minnesota Dear Sir: This letter is written to you and copies are being sent to Mr. Schwanz and Mr. Trapp as members of the town board of Egan Town- ship. Methodist Builders is a religious organization interested in acquiring tracts of land for prospective use as church sites. We are presently purchasing on contract for deed a five -acre tract situated on the southeast corner of the intersection of South Lexington Avenue and County Road 10. We understand that Robert Schumacher has made application to your board for a license permitting him to operate a dog kennel on his property situated on South Lexington Avenue to the south of our tract. Please be advised that our organization opposes the granting of such license. We regard it as detrimental to the expected future use of our property as church property. Yours very truly, '1'liS METHODIST BUILDERS the St. Paul District 121)12- MJB:mj Moritz J. Blomquist, Secretary cc: Mr. Edward Schwanz Mr. Louis F. Trapp 'ir.. Art Rahn 3920 Rahn Road R. # 1,_ St. Paul 11 Minnesota March 17, 1963 Dear Mr. Rahn, Please be advted of the following offensive emissions of smoke and con- taminates from the Gopher smelting plant. Listed below are the dates, time descriptions of emissions and the names of the parties reporting the complaint. Date: March $ 1963 time: 5:30 P; M. Description: Intermittent heavy emissions of orange colored smoke from the tall slim stack and constant release of black smoke from openings in roof. Reported by;LeRoy Chapdelaine and Donald Stricker Date: March 9th, 1963 time: 9:30 A. M. To 10; 30 A. M. Description: Acrid odor from plant in spite of the fact that there was not any black smoke. Reported by: LeRoy Chapdelaine Date: March 14th, 1963 Time: 9:30-A. M. to 10:30 A. M. Description: Heavy gray and black smoke from the large new stack Reported by: Mrs. Sylvia Chapdelaine and Mrs. Donald Chapdelaine Date: March 16th, 1963 Time: Intermittently throughout the entire day Description: Heavy black and grey smoke which carried up to one mile before trails broke up. Reported by: Don Chapdelaine, LeRoy Chapdelaine, and Joseph Chapdelaine Date: Sunday March 17, 1963 Time: Intermittently thoughout the entire day Description: Heavy Black and grey smoke carrying up to one mile. Reprted by; LeRoy Chapdelaine, Donald Chapdelaine and Joseph Chapdelaine. Saturday, March 16th I made a mat visit to the plant and inquired why this offensive condition existed but was unable to recieve ang7 explat.ation why. CC Irving Beaudoin Luther Stalland rs Tru1�L, onald Cha'del5'ne R. R. # 1, St. Paul 11 Minnesota Art Rahn 3920 Rahn Rd. R. R. # 1, St. Pa.tllll Minnesota April 12,1963 Dear Mr. Rahn Please iule�advised that at 4:30 P.. M. on April 11, 1963 Heavy black smoke was exhasted from the Gopher Smelting Plant. This smoke was so,heavy_.and in such large quantities that it was imbossible to tell which stack it was coming.from. Report of this was made by Mrs. Donald Chapdela.ine and Mr. Wilfred Heuer. Yours Truly Donald Chapdelaine R. R. # 1, St. Paul 11 Minn. Arthur Rahn 3920 Rahn Rd. R.R. # 1, St. Paul 11 Minn. April 13,1963 Dear Mr. Rahn, Please be advised that at approxihately 5:00 P. M. on April 12, 1963, large amounts of black smoke was exhaustedfrom all openings in the Gopher Smelting Plant except the smoke stacks. About 5:30 P. M. the smoke was again exhausted from the new stack but was still very black and carried up to two mils. This situation'as witnessed by: Wilfred Heuer, Willard Berfelz, LeRoy Chapdelaine, Donald. Chapdelaine and Joseph Chapdelaine. These situatmtns further indicate that experimentation is still taking place in the operation of the new filt- ering equipment. As this is a highly dangerous condition we must have this situation corredted . The patience of the Egan Town residents is being tried to the breaking point with this deplorable condition. Yours Truly Don Chapdelaine R. R. # 1, St. Paul 11 Minnesota CC- Luther Stalland Irving Beaudoin Date: Wed., May 1st, 1963 Time: 9:40 A. M. Description: Large amount of smoke from all openings in building. Reported by: Miss LaDonna Chapdelaine and Mrs. Don Chapdelaine Date: Thur s . , May 2, 1963 Time: 7:00 P. M. Description: Large volume of smoke from all openings in building. Reported by: Mrs. Paul Schlessinger, LeRoy Chapdelaine and Joseph ChapdelPine. LeRoy Chapdelaine called and recieved a report fro,n the foreman on duty at the smelting plant that the furnace was plugged. These are just a few of the breakdowns which occur et the Gopher Smelting plant which we are reportirg. It is our sincere, desperate hope that our Town Board will bring about a just solution to this problem soon. Yours Truly �-(7,r1c Don Chapdelaine 575 Chapa&lLane R. R. # 1, St. Paul 11 Minnesota CC Irving Beaudoin Luther Stalland John Klein Mr. Arthhn Rahn 3920 Rahn Road St. Paul 11, R. R. #r 1 Minnesota Dear Mr. Rahn, May 5, 1963 Please be advised of the following conditions concerning the Gopher Smelting Plant. Listed below are the dates, time description of emissions and the names of the parties reporting these donditions. Date: Sunday, April 14, 1963 Time: 5:40 A. M. Description: He>vy black snake from a very short stack Reported by Mr. and Mrs. Wilfred Heuer Date: April 15, 1963 Time 5:00 P . M. to 5:30 P. M. Description: White smoke, acrid smelling, out of roof eopenings, which carried past the Wilfred Heuer and LeRoy Chapdelaine residences Reported by Mr. and Mrs. Wilfred Heuer and LeRoy Chapdelaine Date: Sunday, April 21, 1963 Time: 6:15 A. M. Description: De rk smoke exhausted from all openings in building Reported by: Joseph Chapdelaine Dete: Tues. , April 30, 1963 Time: 6:00 P...M. Description: Dark gray smoke exhausted from all openings in building. Smoke drifted for twenty minutes before d.tssipating. Reported by: Mrs. Don Tietdjen, Mrs. Fred Hewitt, Mrs,Wilfred Heuer, LeRoy Chapdelaine and Don Chapdelaine. I called the smelting plant and recieved a report from the foreman on duty that the furnace plugged! Date: Wed. April 24, 1963 - Time: 6:00 P . M. Description: Large volume of smoke from newest stack which drifted more than v one mails mile Reported by: Joseph Chapdelaine, Don Chapdelaine and LeRoy Chapdelaine LeRoy Chapdelaine called the smelting plant to asked that this be stopped. The foreman on duty reported that the fan on the new scrubbing system had broken down!!! UNIVERSITY OF COLLEGE OF VETERINARY MEDICINE • DEPARTMENT OF VETERINARY PHYSIOLOGY AND PHARMACOLOGY • ST. PAUL, MINNESOTA 55101 October 15, 1964 Mr. Luther M. Stalland Suite 2340, Rand Tower Minneapolis 2, Minnesota Dear Mr. Stallard: I am enclosing two copies of a paper summarising the events and data involving the lead smelter episode which occurred in 1962_3, Eagan town- ship. I would particularly call to your attention the data presented in Table 5. I think it is evident that old dead vegetation close to major highways contains a high concentration of lead while fresh vegetation does not (compare items 7 and 9). It is also evident that the contamina- tion of vegetation in the vicinity of the smelter cannot be ascribed to proximity to busy highways (compare items 4 and 6 to items 17 and 18). I would at this point like to introduce the data for fresh and wintered - over vegetation collected this year. Table 1 represents data collected from a field adjacent to highway 36 about half a mile east of Rice Street. This is the same field identified in Table 5 as items 15-18. The data were collected in September and October, 1964. Material Fresh grass Grass, wintered -over Fresh grass Grass, wintered -over Fresh grass Grass, wintered -over Fresh grass Grass, wintered -over Fresh grass Grass, wintered -over Table 1 Location 2 yds. no. of road n n n n a 12 n n n n II n n n n 33 " n n n " n It n n 78 n It. n II It 11 n n n, 98 n n n ,, u " n n n p.p.m. Fb, dry wgt. 9/1/64 10/1/64 54 113 543 43 24 171 --- 15 25 124 --- 7.3 18 62 _-- 7.9 17 64 • Mr. Luther M. Stalland --2- October 15, 126 Table 2 represents comparable data obtained in September, 1964 from the field just north of the Fee Farm, on the east side of highway 49. Table 2 Material Location p.p,m, Pb, dry wgt. Fresh grass 12 yds. east of 49, south edge of field 37 Fresh grass 50 yds. east of 49, south edge of field 59 Fresh grass 100 yds. east of 49, south edge of field 77 Fresh grass 12 yds. east of 49, north edge of field 25 You will note the higher concentration of lead in grass obtained from the fiela along highway 49 as compared to that obtained in a field at comparable distances from highway 36; this in spite of the greater traffic density along highway 36. It suggests continuing contamination of vegetation in 1964 from smelter fumes. This contamination is appreciably less than that prevailing during the winter of 1962-3. The alfalfa grown in that same field in 1962 contained 250-284 ppm Pb. and was responsible for the death of several cows at Farm B (Leonard Des Lauriers), see Table 4 of the enclosed reprint. I would estimate that the concentration of lead in the vegetation would have to rise to at least 150 ppm (dry weight) before the health of livestock would be endangered. In summary, I think the data suggest that the smelter is still responsible for some contamination of vegetation, but that the degree of contamination is not sufficient to threaten the health of livestock. It must be kept in mind that we are not certain that this continuing contamination is the result of atmos- pheric deposition of lead. The grasses may be picking up lead from the soil contaminated in previous years. Greenhouse studies using contaminated soil would settle this point. I am in the process of trying to arrange some limited studies of this type. If I can be of any further help, please feel free to call upon me. Sincerely, e AL.,.-k P. B. Hammond, Professor Department of Veterinary Physiology and Pharmacology as enc. FEDERAL 2-5517 LAW OFFICES OF Jos Pii L. BARD 1027-28 PLYMOUTH BUILDING MINNEAPOLIS 2, MINNESOTA October 9, 1963 Mr. Luther M. Stalland Suite 2340 Rand Tower Minneapolis 2, Minn. In re: Eagan Township - Gopher Smelting. Dear Mr. Stalland: I am herewith enclosing an original and two copies of Permit Applica- tion for special use permit under Ordinance No. 6 for and in behalf of Gopher Smelting & Refining Co., Highway 49 and 55, St. Paul, Minn- esota, together with my check in the amount of $5, as per your letter of October 4, 1963. I wish to state at this time that this application and payment is pursuant to demand set out in letter of October 4, 1963, and that the company nor its counsel are in agreement that the present Ordin- ances Nos. 12 and 6, as they exist, are applicable to Gopher Smelting & Refining. I believe that the same only applies to new construc- tions. The Permit Application which is herewith enclosed is also evidence of the fact that the ordinance contemplated and the special use permit contemplated under Ordinance No. 6 are to apply to new constructions only. We feel by reason of the fact that we have been in.this area and operated our plant for more than 13 years in this area prior to the passing of any type of ordinance of this nature, that the same is not applicable. However, in order to avoid any further arguments at this time, I, in behalf of Gopher Smelting & Refining Co., am submitting the Permit Application and the check for $5, it being understood that by filing of this Permit Application and payment of the $5, that Gopher Smelting & Refining Co. is not waiving any of its rights to contest the validity of the ordinance. Very truly yours, JI.B/mhp Enclosures PERMIT APPLICATION (Submit in Triplicate) STATE OF MINNESOTA) COUNTY OF HINNE IN3 88. I - We, the undersigned, being first duly sworn, hereby make the following application to the Board of Supervisors and/or Advisory Planning Committee of Eagan Township, Dakota County, Minnesota: 1. Full name, present address and phone number of applicant: Gopher Smelting & Refining Co., R 1, Hiway 49, St. Paul 18, Minn. Glenview 4-3310. 2. Application is hereby made for: (Check appropriate item(c)) 0 Dumping permit under Ordinance No. I. C1 Trailer Coach Park permit under Ordinance No. II. a—, Building permit under Ordinance No. III. (J Kennel permit under Ordinance No. V. J Re -zoning under Ordinance No. VI. j Special Use permit under Ordinance No. VI. Gravel Pit permit under Ordinance No. VIII. ED (Other) 3. Legal description of land to be affected by application including acre- age or square footage of land involved, and street address, if any: Parcel No. 3109 B, Sec. 12, town. 27, Range 23, Dakota County, Minn. 1't. of SE'4 of Sw14 com. 214o- ft. E of SW cor. of Sec. E 333.1 ft. to w line RR NI1 on RR 1072.14 ft. SW at Rt. Agl. 300 ft. S 25°40' E 290 ft. SE'ly to Beg. 6.32 acres. Parcel No. 317b0.1, Sec. 13, NVY'q of Nai & of NE - of Nrv4, Parcel No. 3176-C, Sec. 13, N 776.5 ft. of W 698.5 ft. Parcel No. 3177B, Sec. 13, 185 ft. of NE-4 of NW4. Town. 27, Range 23, Dakota County, Minn. All W of RR. of ex. N 776.5 ft. Town. 27, Range 23, Dakota County, Minn. S 591.5 ft. of of NE4 of NW4. 9.48 acres. Town 27, Range 23, Dakota County, Minn. W 698.5 ft. of N Parcel No. 3180, Sec. 13, Town 27, Range 23, 40 acres. Parcel No. 3181, Sec. 13, Town. 27, Range 23, ex. S 957 ft. & that part of SW4 of NE4 lying Dakota County, Minnesota. NW4 of NW4. Dakota County, Minnesota. S2 of NW-14 W of RR ex. S 957 ft. 24.66 acres. Parcel No. 3184, Sec. 13, Town. 27, Range 23, Dakota County, Minnesota. Beg. at Int. of N line Sec. 13 & Wily line of CMSTP&P Ry; SE'ly on 1111 865.15 ft. W & Par. with N. line 623.7 ft. N. to N. line, E. to beg. 8.60 acres. Wll.nlit ULM yeaa: G11.c1 .i004Acuit.c vi i✓c.aws.v Not applicable 11. Attached to this application and made a part hereof are: Not applicable. [D Plot plan p Sketch of improvement layout IEj Plans and specifications CD Photographs M (Other) Dated: October % , 19 03 . GOPI ER / By Sub ibed and sworn to before me this _1_16y of October , 19 63 . LEVY 1NntaryPudic Nnnnppillrniintx Mint FELTING plicant '". commission Expire.0ef tiat 'Write below this line) 0 Approved n Disapproved: ADVISORY i'LANNING COMMITTEE (Date) cqApproved 0 Disapproved: BOARD OF SUPERVIS0RS /7 /96 3 (Date) PERMIT APPLICATION (Submit in Triplicate) STATE OF MINNESOTA) COUNTY OF 1U NE''c.IN) ss. I - We, the undersigned, being first duly sworn, hereby make the following application to the Board of Supervisors and/or Advisory Planning Committee of Eagan Township, Dakota County, Minnesota: 1. Full name, present address and phone number of applicant: Refining Co., it 1, Iliway 49, St. Paul 18, Minn. Glenview 4-3310. Gopher Smelting & 2. Application is hereby made for: (Check appropriate item(s)) ED Dumping permit under Ordinance No. I. CI Trailer Coach Park permit under Ordinance No. II. ED Building permit under Ordinance No. III. En Kennel permit under Ordinance No. V. [] Re -zoning under Ordinance No. VI. 00 Special Use permit under Ordinance No. VI. Cj Gravel Pit permit under Ordinance No. VIII. ED (Other) 3. Legal description of land to be affected by application including acre- age or square footage of land involved, and street address, if any: 4. The present zoning of the above described property is: Heavy Industrial 5. The name and address of the present owner of the above described land is Ps,alty Conix mj, E. 1, Hiwav 49, St_ Paul 18, Minn_ 6. Estimated cost of improvements to be made within one year after issuance of permit applied for, if granted, is $ .The nature of improvements is: nt nppli Ch1P 7. If proposed improvements consist of buildings or structures, specify in detail: Dimensions: Number of stories: Type of Construction: Not applicable 8. All real estate taxes on the above described land have been paid through the year 1962 except: Last half of 1962 taxes due in 1963 and first half of 1963. 9. The method of financing the above improvements will be: Not applicable. 10. Persons, firms, corporations, or other than applicant and present owner who may or will be interested in the above described land or proposed improvements within one year after issuance of permit applied for, if granted, are: ;got applicable 11. Attached to this application and made a part hereof are: Not applicable. 0 Plot plan 0 Sketch of improvement layout Plans and specifications Photographs ni (Other) Dated: October 7 , 19 63 . GOPHER By plican Subeeyibed and sworn to before me this 1" .4y of October , 19 63 . H1LIP J. LEVY 1;11etarypigjir Hanna.: minty Minn Mycommission Expir (D & t larite below this line) 0 Approved n Disapproved: ADVISORY x'LANNING CCMMITTH:r; (Date) RtApproved 123 Disapproved: BOARD OF SUP RVISORS _ /7 /96 (Date) LAW OrricEs LUTHER. M. STALLAND SUITE 2340, RAND TOWER MINNEAPOLIS 2, MINNESOTA PAUL H. HAUGE June 4, 1963 Board of Supervisors Eagan Township Dakota County, Minnesota Re: Gopher Smelting Co. Gentlemen: During the past number of months we have been conducting an investigation of the Gopher Smelting Plant operations on Highway #49 with respect to complaints of lead contamination of local water supplies and air in the area of the plant. In addition to the facilities and testing of Twin City Testing Laboratories, you have been utilizing the services of the State of Minnesota, Department of Health and the Town Engineer in checking the plant equipment and operations. Futher we have obtained a report from the U. S. Government regarding spot checks for lead contamination made by the Department of Health, Education and Welfare. Inspections have been made by town officals at various times and by interested residents who have reported varying situations existing and occuring at the plant. Prior to this writing I have checked with various individuals at the Air Pollution Division, State Department of Health, the Industrial Commission, Division of Accident Prevention and the University Farm School. These sources have informed me that the testing methods used by Twin City Testing Laboratories are the standard methods and except in period of time are the established procedures determing whether contamination of the air and water is the result of the plant operations. In short, there appears to be nothing futher by way of testing to be done at this time to conclude the situation that exists presently. However, this is not to say that an appropriate ordinance should not be adopted to control this type of operation which would include periodic inspections by qualified people to determine that the continued operation of the plant is proper. FE 6^6361 Board of Supervisors Eagan Township RE: Gopher Smelting Co. Page 2 I recommend to the Board that the sollution to this problem is the adoption of such an ordinance as soon as possible. It is my opinion at this time on the basis of all the evidence at hand from the overall investigation that the plant is operating presently in a manner which is not injurous to human life and property. very t i uther . Stalland LMS:mg STATE OF MINNESOTA DEPARTMENT OF HEALTH UNIVERSITY CAMPUS MINNEAPOLIS 14 April 15, 1963 Board of Supervisors Eagan Township c/o Mrs. Alyce M. Bolke, Clerk 1365 Deerwood Drive St. Paul 11, Minnesota Gentlemen: In accordance with the request contained in the resolution of the Board of Supervisors dated April 3, 1963, this Department conducted a survey of well water supplies in Eagan Township. The purpose of the survey was to determine whether the water from these supplies contained lead in sufficiently high concentrations to constitute a health hazard to persons drinking the water. The survey consisted of the collection of 32 samples of water from 18 well water supplies located throughout the community, and the chemical examina- tion of these samples by the Minnesota Department of Health's Engineering Laboratories Section. The laboratory analyses showed all of the samples of water to contain less than 0.01 milligrams per liter of lead. (Milligrams per liter is the metric equivalent of parts per million.) This is less than the limit of 0.05 milligrams per liter set forth in the Public Health Service Drinking Water Standards of 1962. Additional analyses of a number of the samples showed the water to be relatively stable and would not be expected to dissolve appreciable amounts of lead from the water supply system. 0n the basis of the results of this survey it is concluded that the well waters in this area do not contain lead in significant concentrations, and that further testing of the well waters for lead is not necessary. If you have any questions concerning this matter, please call or write us. Yours very truly, r`"Pl"-f- F. L. Woodward, Director Division of Environmental Sanitation cc:Luther M. Stalland Twp. Attorney M'INNESOTA DEPARTMENT OF HEALTH.. DIVISION OF ENVIRONMENTAL SANITATION ANALYTICAL DATA . Field Number :_ 6237:.. . 6238 6239, • 6240 6241 • L L. Town, County, Etc. .Eagan,.Twp.:, •Dakota :Co.' tt Sampling Point and Source of Sample :Cedar Grove; Community W.S. Timberline .Community WS. Valley View Community W.S. Hillside Inn Estab. W.S. Lost Spur:RanchrClub. W.S. 'Drilled well Drilled well Drilled well Drihed well ' Drilled, well L -6242 ff 5th. Wheel Cafe Estab. W.S.• Drilled :well. Sample Number.' Date. Collected' Time Collected ' Temperature 'OF • a 6237' .6238. b 6239 c 6240 d •6241: e 6242 4/4/6 Date Received by Lab. BACTERIAL: Exam..b Bacteria per ml. '35° C. 24' hours, y 4/4/63, -- 10:00 10:10 10:20 . 10:30 10:40. wommilimiommmommommimodimem 10:50 • Coliform group 100 ml. organisms ' M. P.N. per' 100 ml. 'PHYSICAL lc CHEMICAL: ..Exam. by Settleable solids'm1. per,aiter.'•, Total Solids Total Volatile Matter Suspended Solids Suspended' Volatile Matter'. Turbidit Color Total hardness as CaCO Alkalinity as=CaCO3. pH•value Iron y 3 • Manganese Chlorides: Residual Chlorine. Sulphates Fluor.ides Dissolved• Oxveen • Biochemical Oxygen Mama n d Phosphorus • Ammonia Nitrogen Organic Nitrogen Nitrite Nitrogen Nitrate Nitrogen Lead i,ive-day, <0.01 c0.01.. <0.01. c 0:01 <0.01 0.01 = less than- * 4esultS' are in millig.rams Per liter exce4t as noted. M I•NNESOTA DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL SANITATION ANALYTICAL DATA Samples Collected'By Field Number 6243 6247 L 6248 Town, County, Etc.. Inver Grove Twp.; Dakota Co. tt It tt • - It. tt tt Sampling,Point and Source of Sample .. Trestle Inn•Estab. W.S. • Frank's Place Estab. W.S. Cabin City 'Estab. . W.S. . Frank Heuer: Res. 'Frank Heuer Frank Heuer •Rest. W.S W.S. Res'. W.S. .Drilled well Drilled .' well Drilled well• Drilled well Drilled well Drilled well •Sample'Number Date'Cdllected Time Collected :'Temperature of Date'Received by Lab. a 6243 6 6425 • c 6246 6247 e 6248 BACTERIAL: Exam. by Bacteria per .ml. 35°'C. 24 hours 4/4/63 4/4/63 11:00 11:10 11 s'20 11:30 • 11:35 ammilmomimmommoommememelm 11:45 'Coliform group .t .100+m1. organism's M. P. N: .per 100. ml.' 'PHYSICAL & CHEMICAL: Exam. by Se.ttleable_ solids ml. per'lite'r Total Solids Total Volatile Matter ' Suspended Solids Suspended Volatile Matter, 'Turbidity Color Total hardness as. CaCO Alkalinity as CaCOR ' pH value - :Iron :-Mangane'se Chlorides • Residual Chlorine.: •Sulphates • Fluorides " 3 260' 7-3 Dissolved Oxygen five-day' Bigchemical Oxygen l amand )( Phosphorus Ammonia Nitrogen Organic: Nitrogen NiLri<te, Ni rogen '1Nitrate Nitrogen• Lead': ' Calcium as CaCO3 pHs 0.01 c0.01 <_0:01 0.01 < 0.01 180 7.5 < 0.01 * Rest l'ts -are in nilligrarns per liter_except as .noted. 208. Samples 'Col:lected By= M I NNES.OTA DEPARTMENT •OF -.HEALTH - DIV'ISION OF ENVIRONMENTAL SANITATION ANALYTICAL: - DATA RN Field Number" • ;; 6249 6250 • .6251 6252 6253', .. 6254 Town, County, Etc.: -Sampling Point and Source. of Sample L L L Eagan Twp., Dakota Co: 1t . 11 • 'LeRoy Chapdelane'Res. W.S. -: Drilled:well,`,: LeRoy '.Chapdelane . Res. W.S: =« 'Drilledwe; •LeRoy.Chapdelane,Res. W.S. - Drilled well -Don Chapdelane Res. W. S. Dori Chapdelane.Res. W.`S. . 'Don Chapdelane .Res;. , W. S.. 'Drilled well.. Drilled well `Drilled. well ' Sample Number: Date Collected .• • -Time Collected Temperature °F 4/4/63 b •.6250' 6251 -6252 d Date Received by Lab. .BACTERIAL: Exam: b Bacteria per ml. 35° C. 24-hours , Coliform group•- 100 m1i organisms '.�J'M. P: N'. per 100 ml. 'PHYSICAL & CHEMICAL: "...Exam.' b'y, 4/4/63 y • Settleable solids ml.-,per liter Total Solids. Total Volatile Matter • Suspended Solids. Suspended Volatile. Matter 'Turbidity Color Total hardness as'CaCO3 Alkalinity. as.'CaCO. • pH .value ` Iron • •• •• Manganese' Chlorides: • Residual_Chlorine, Sulphates • Fluorides -• Dissolved "'Oxygen five-da.y Biochemical Oxygen• llama nd • 'Phosphorus ,Ammonia Nitrogen.- 0r,ganic Nitrogen .Nitrite Nitrogen NitrateNitrogen- .. •Lead 4 0.01. 270 7.7 ' <•0.01 ; 0.01.; 220'_ ' 7.3. 0.01 • ;0.01 Cal ci iim as CaCO3 pHs - 180 • 7.5 • '180 .7.6 Results.are .in milligrams per l'i.ter 'except as noted 6255 6256 5.7 6258 59 L L L L 'M.I'NNESOTA DEPARTMENT OF HEA.LTM• DIVISION OF. ENVIRONMENTAL SANITATION ANALYTICAL DATA- .. Town, County, Eagan Tyr., Dakota -Co. • Sample Number • Date :Collected' Time Collected Temperature °F tt ft tt..•ft. •tT ft • if Date Received by Lab. •BACTERIAL: Exam.. by Bacteria per ml.; 35°.C. 24' hours - Conform group 100 ml: ' • organisms . 5• M..P.N. per 100 ml. 4/4/63 4/4/63 ft ft ft .11 7 6255. 12:30 a Sampling Point and. Source of Sample . •:ClydeRoe- Res. W. • S. • ,.Clyde Roe Res. W S. 'Clyde -Roe Res. W. S.,• Drilled well • Drilled well Drilled, well 'O'Brien's Halfway House Estab.-Drilled' well.: O'Bries,•Halfway.House.;Estab.-Drilled well • 0 f Brien 's Halfway: House Estab.-Drilled well 12:35 6257 12:45 6258 . . 1:15 6259 1:20 e ...PHYSICAL .& CHEMICAL: , Exam.'by.' '.Settleable solids mi.'per�lter Total Solids •Total Volatile Matter :.Suspended Solids Suspended Volatile Matter. ,Turbidity - Color Total hardness as .CaCO `Alkalinity as CaCOR pH value •Iron Manganese Chlorides Res idual.Chlorine Sulphates •'Fluorides, .•Dissolved. Ox vg en ..Biochemical Oxygen• nPma n d Phosphorus Ammonia Nitrogen Organic Nitrogen• Ni'trite Nitrogen Nitrate Nitrogen • • Lead Calcium PHs • as -'CaCO3•• 33o• ' : <-001;: ;.<0.01 270'- 7.2. <001 280 7.5 0.01 • 200 •7.5- '.Results -are •in milligramsPer liter except as. noted.. cium as CaCO3 190 'MINNESOTA DEPARTMENT OF HEALTH DIVISION OF ENV -IRONMENTAL SANITATION ANALYTICAL DATA' Samples Collected By Field ' Number 6261 6262 626 :626 3 4 6265 6266. Sample Number L L L L� Date'Collected Time Collected,` Temperature °F Town, County,' Etc. Eagan Twp., Dakota Co. TT. TT TT..IT 11. • T t 4/4/63 Ti 11 • TI T4 • TT 6261. a ' Sampling Point and Source of Sample C. W. Groth Res. W. S. - Drilled well . C. W.Groth"Res..W. S. ,C. W...Groth Res. W. S. - Drilled well -. Drilled well - Terrace Motel, Estab. W. S. - Drilled well Terrace Motel Estab. W. S. _: Drilled well Terrace Motel,:Estab. W. S. 6262 6263 c 1:40 . . 1.45 1:55 .6264.. 2:20 d Drilled well 6265 e 6266 mrommammmisommpaimmmmilmailmommommoolommmilio 2:25 • 2: 35 Date Received 'by Lab. 4/4/63 BACTERIAL: •Exam. b Bacteria per ml. 35° C. 24 hours y ,Coliform group j 100 ml: organisms s M. P.N. per 100 m1. 'PHYSICAL & CHEMICAL Exam. by Settleable solids ml. per liter: 'Total Solids' Total Volatile Matter Suspended Solids . Suspended. Volatile Matter. Turbidity Color • Total hardness as'•CaCO3 Alkalinity as'CaCO `280 pH value Iron 7•.5 Manganese Chlorides • Residual Chlorine, Sulphates • Fluorides • Dissolved:Oxygen -Biochemical Oxygen •nama,,d • five-day •Phosphorus Ammonia Nitrogen Organic Nitrogen • Nitrite Nitrogen Nitrate, Nitrogen Lead . 0.01 <0.01 < 0.01 < 0.01 < 0.01 < 0..01 Cal pHs " ' Results are in milligrams,?er liter except .as noted. dos_ WFNNESOT•A QEPARTMENT .OF HEALTH DIVISION -_OF ENVI-RONMENTA L SANITATION ANALYTICAL• DATA Samples Collected By RMH • Field Number . 6267' 6268 L IL L L Sample Number.;.• Date Collected Time.Collected Temperature °F Town, County, Etc. Eagan Twp., Dakota Co..' Eagan Twp.,' Dakota Co.. 4/4/63 6267 Sampling"Pointand Source or. Sample•. Spruce Motel Estab. W..S. Drilled well Airliner Motel Estab. W.S. Drilled well a IMO— amommanim•Ilma,m.i=0. 2:05. Date Received by Lab. 4/4/63-------- ---- BACTERIALt Exam. by Bacteria per m1. 35° C.. 24 hours. Coliform'group. 100 ml: organisms 1•M.P.N. per 100 ml. 'PHYSICAL & CHEMICAL: Exam. by 'Settleable solids 'nil. per liter b 6268 2:10 c d Total Solids 'Totai•Volatile Matter Suspended Solids . •.SuspendedVolatile Matter -'Turbiditq " Color.' • . Total.hardness as CaCO Alkalinity. as.CaCO3 pH-.value1 :Iron Manganese Chlorides Residual. Chlorine Sulphates Fluorides Dissolved 3 Ox ve en five-day Biochemical Oxygen namand • Phosphorus • Ammonia Nitrogen Organic Nitrogen . Niirite Nitrogen. ,Nitrate Niirogen Lead .4. -0.01 "'Results. are in /ni lligrams per liter except' as -noted. eaan Civic 4iiociation EAGAN TOWNSHIP DAKOTA COUNTY, MINNESOTA 2832 Beam Lane St. Paul 18, Minnesota March 29, 1963 Board of Supervisors Eagan Township, Dakota County Minnesota Gentlemen: Members of this organization are alarmed that wells lying near to the Gopher Smelting and Refining Company are proved contaminated. You are requested to take immediate corrective action to eliminate this condition. The alleged source of this contamination, the Gopher Smelting and Refining Company, has operated in a manner which is consideredimprudent by a majority of our residents. A 'public be damned' attitude of an industry is easily detected. This is not the attitude which progressive industries foster, in- dustries which want to be good members of the community and who readily accept their responsibilities to the welfare of the community and the employee. If such an attitude had been evidenced by the Gopher Smelting and Refining Company, it would be difficult to see how the present condition could exist; it would not have begun operation until it was certain that no harm to the community would result from the chemicals it used, and from its methods of , handling them. It is evident that this has not been the case. Recent changes in operation were not made until the township rightfully questioned the firm's method of operation. Not until cattle had been poisoned, not until wells were contam- inated, not until a testing firm, paid for in part by the township, started to uncover irregularities, did this firm reluctantly take corrective action. Continued operation of the Gopher Smelting and Refining Company would be a crime against the order and economy of this community. The performance of this firm, or failure to perform prudently, has resulted in severe annoyance and injury, and has endangered the public safety and health. It has rendered a considerable number of residents of this community insecure in life and the use of property. The continued operation d'this firm would be unconscionable in view of the present findings. It is apparant from its past method of operation and its unfortunate attitude toward the public that this firm will continue to be a threat to the welfare of this community and neighboring communities. In view of the bad faith al— leged in the past, the present nuisance, and the future menace to the health and economy of the community, it is requested that this firm be closed as soon as legally possible. Its reopening and continued future operation should be conditioned upon bonded guarantees, submitted to the Board by an independent engineering firm, that future operation of this firm will not be a nuisance to the community. The expense of such guarantees would rightfully be borne by the Gopher Smelting and Refining Company. The residents affected by Gopher Smelting are to be commended on their level headedness in not advertising the extent of present conditions in a way that would discourage future industrial expansion in Eagan. The Eagan Civic Assn would heartily endorse ordinances which encourage the location of progressive industriesApy2protecting them against the hazards and nuisances of.unconscion— able operators. Very truly yours, R bert C. Marien Chairman: Eagan Civic Association BarseS4i J, Rade-me L 4s iocialed, 90sc. MIDWAY 6-4886 ecsma ii4. '.z gee4S 138t a aI s steed, 8, mesa. April 16, 1963 Eagan Town Board c/o Mrs. Alyce Bolke, Clk. 1365 Deerwood Drive St. Paul 11, Minnesota Re: Gopher Smelting Co. File #6049 Gentlemen: OTTO G. BONESTROO ROBERT W.ROSENE JOSEPH C. ANDERLIK 0n April 9, 1963 information was received that retesting of the wells in the vicinity of Gopher Smelting Company had been completed and no evidence of ground water contamination was found. On April 10, 1963 the undersigned inspected the tanks at the Gopher Smelting which had been gunited and painted. Thickness of the gunite could be measured on the walls and was found to be approximately 32" at several points. Thickness on the floor could not be measured. All vertical and horizontal corners were coved with approximately a 10" radius. Additional compartments had been added in the first tank to provide for better settling and sludge removal. Enclosed herewith is a letter from Baker Pools who did the guniting and painting explaining what was done and the type of paint used. During the April loth inspection, the balance of the equipment was inspected and a standard operating procedure was. discussed with Mr. Valene. Enclosed herewith is a letter from him describing their intended daily procedure. It is recommended, however, that this procedure be supplemented with the following: A. Item 2 should include an inspection of the pump and pressure gages not less than twice each shift. System is to operate at approximately 60 psi. water pressure. B. C. Twice each. shift the condition of the smoke issuing from the stack should be checked and noted in a log. Exhaust fan should be briefly checked each shift and the bearings and condition more thoroughly checked each week. -1- Ben , Rc eHe a y4dtacuaIes, MIDwaY 6-4886 eon alla ei en9ineeitd 1381 £ ai/i . sheet, Si Pao 8, Mina. OTTO G. BONESTROO ROBERT W.ROSENE JOSEPH C. ANDERLIK Eagan Town Board April 16, 1963 c/o Alyce Bolke Gopher Smelting (page 2) It is understood that with the intended operation, all water will be recycled and none allowed to overflow into the surrounding area. All gases from the reverberatory furnace and from the blast furnace will pass through the scrubber system with only one being operated at a time. All other melting pots are also to be connected to the high stack to minimize odor or smoke problems. Preliminary reportsonthe jar studies for deposits on the land from stack gases do not indicate a serious pollution problem. However, final conclusions should not be drawn until this study is completed. Enclosed herewith is a report from Moorhead Machinery descri Og.'' their equipment and the results it should produce. We have also reviewed their complete drawings of the equipment. It appears that this system, properly operated, will give very good dust and smoke abatement. Final evaluation can only be made upon completion of the tests and continued observation of the plant operation. It is recommended that periodic inspections be made at random times by a representative of the Township to observe the routine preventive maintenance outlined herein. Good co-operation of the management of the plant is essential for the effectiveness of this 'program. A continued evaluation of the effectiveness of the system should be made as the operation is observed and as additional test data is available. Yours very truly, BONESTROO, ROSENE & ASSOCIATES, INC. Robert W. RWR:h cc: A. Rahn E. Schwantz J. Klein L.Stalland, Atty. osene ,.,�-* �:..�.,.,�...���•�^.,.�.�.., �..sa„�,�,,�•.�w-tip, By Pools, Incorporated • 229 West 60th St. • Minneapolis 19, Minn. • Phone: TAylor 3-5111 On weekends and evenings please call: 929-3133 April 12, 1963 Mr. Bob Rosene , Eagan Twnp. Engineer 1381 Eustis Street St. Paul 8, Minnesota Dear Sir: As per your telephone request of today the following is a resume of the work we did at Gopher Smelting & Refining works . Hiways #49 & 55. We lined two taroks of approxim gly 38'/ 38'/ 7' with a minimun of three inches of gunne and 3 1/2" to 4" on the floors. This was the same mix that we have used in repairing leaks on municipal water storage tanks and commercial installations. It makes a very dense surface and is resistant to fumes and chemicals. Many utility companies use this as a liner in their large smoke stacks. It is also used very extensively in oil and gas refineries. In addition to this gunite lining we applied two coats of an acid resistant enamel which was formulated for us by Marwin Paints of Minneapolis. This paint had a minimun of 20% chlorinated rubber in its makeup. We feel that this will give Gopher a leak proof system of tanks which will last many years. It is our understanding that they are now controlling the Ph in the discharge water in the 9 range instead of in the 3 range as it previously was. This has been accomplished by our having lined three settling tanks with gunite. and by treating the water with lime in these three tanks before it goes into the two larger tanks. In our opinion this willmake for a permanent solution of their discharge water problem. veryntruly Inc. ames M. Day Tress% CC Gopher smelting and Refining. ONE OF AMERICA'S LARGEST POOL BUILDERS • GOLD MEDAL NATIONAL AWARD WINNERS .STEEL • STAINLESS STEEL • ALUMINUM ENGINEERING • FABRICATION • ERECTION • BOILER REPAIR • CHAIN LINK FENCING MOORHEAD MACHINERY & BOILER COMPANY MAIN OFFICE AND PLANT 3477 UNIVERSITY AVENUE N. E. MINNEAPOLIS 18, MINNESOTA TELEPHONE: STERLING 9-2431 February 14, 1963 REPORT - Gopher Smeltin& Co. In an effort to solve the dust collection problem at the above - named plant, an analysis of the different principles of particle separation were considered; they are 1. Entrainment in another fluid. 2. Filtration in which the dustladen gases are passed through fiber filters where the small openings serve to catch the solid particles. • Ionization in which the dust particles are given an electrostatic charge and withdrawn from the gas stream by the attraction of a charged electrode. 4. Inertia which utilizes an abrupt change in direction of flow path. Gravitation in which there is a sudden change in the flew velocity. 6. Centrifugal force as with the whirling action of a cyclone separator. The relative efficiencies of a mechanical collector (principles 6 and 4), a filter type collector, a scrubber type of collector (principle 1) along with an electrostatic precipitator (principle 3) were considered. The filter type collector was eliminated because of the high temperature (result- burning of collector bags); the electrostatic precipitator has an inability to be efficient when used with gases having high "loadings". It is also a "custom" installation and is exceedingly costly. This type of collector is very effident but requires very skilled operators and performs efficiently only over a narrow range of capacity. The mechanical collector has a lower efficiency than desired; i.e. in the range of 78 to 83 percent. REPORT. - Gopher. Smelting Co. page 2 Upon investigation, we found that the smelting industry has and is using the type of equipment now installed at Gopher. This installation is a copy of the installation at Exide Battery in metropolitan Philadelphia. The writer visited the installation in Philadelphia and made his layout from same. We wish to call your attention to our equipment layout and follow through the flow which is as follows: Step 1. The exit gases enter the primary scrubber and the heavy particles are removed, using principles 1, 4 and 5. The particles collected are washed down a sluiceway to the settling pond. Step 2. The gases then flow through venturi section where atomized water is intimately mixed with the gases (a wetting action occurs here), using principle 1. The smaller or finer particles are washed down the sluiceway to the settling pond. Step 3. The gases enter a cyclone collector and the remainder of the particles are washed out of the gas stream. Step 4. The scrubbed, mixed, scrubbed and cleaned gases enter the fan inlet and are discharged up the stack. For your information, dust size particles are classified as Dia. of particle Smoke - .01 micron to 0.1 micron Fumes - 0.1 micron to 1. micron Dusts -temporary 1.0 micron to 100 microns Dusts -industrial 100 microns to 4000 microns For comparison, 1 micron = 0.000039 inch or.1/25000 of an inch. Basically, any smallparticles from 100 to•30 microns discharged from a stack will settle in still air. The results of applying microns formulae for rate of settling - V-gD2 (p - p ) show that 18 high stacks with a high issuing velocity contribute greatly to the dissemination of particles. The dust deposit rate per sq.ft. is reduced in proportion to the cube of the stack height. Using above formulae to calculate percentage of dust still in suspension at various distances from a stack, it calculates that at 8 miles from the stack approximately 88% is still in suspension and there- fore the exit particles are widely dispersed in any industrial area. REPORT - Gopher Smelting Co. page 3 Based on the anticipated performance, we would expect 98% by weight of the particles in the exit gases would be collected. (Some manufacturers claim up to 99.5% efficiency) The remaining particles exhausted would be as follows: 40% 0 - 10 microns 24% 20 - 44 tt 3%9% 4►4. - 74 74 - 149 Th,e installed equipment will not perform properly if not operated properly. The following conditions must be maintained as a minimum. /I 1. Water pressure at nozzles - 30 lb./sq.in. / 2. Static pressure, minimum across venturi - -" H2O. 3. PH of water in pond - 8-10. 4. All nozzles cleaned daily. 5. Check fan weekly. 6. Check system daily for a) leaks, b) plugging. 7. Maintain constant visual inspection of stack. 8. Use one system for the blast furnace and one system for the reverberatory furnace. The system will not handle the two systems at once. 9. Use specified nozzles. The system as installed now should be capable of easily meeting the ASME standards with normal precautions. The maximum loading anticipated would be in the range of 6 grains per .cu.f t. before entering system. See enclosures - drawings PHONE GLENVIEW 4-3310 GOPHER 9E11ELTIflG & REFIflIflG CO. Manufacturers LEAD PRODUCTS ROUTE 1. ST. PAUL 11. MINNESOTA April 12, 1963 Bonestroo, Rosene & Assoc., Inc. 1381 Ustis St. Paul, Minn. Att: Mr. Rosene Dear Sir: Per your request, the preventive maintainence of the Venturi fume collector is as follows: 1. Daily inspection and cleaning of spray nozzles. 2. Daily inspection of pump and pressure guages. 3. Daily replenishment of lime in automatic hopper. Key personnel directed to immediately stop smelt- ing operation if Venturi system is not functioning properly until repairs are made. JV/ds GOPHER SMELTING & REFINING CO. April 16, 1963 Eagan Town Board c/o Mrs. Alyce Bolke, Clk. 1365 Deerwood Drive St. Paul 11, Minnesota Gentlemen: On April 9, 1963 information was received that retesting of the wells in the vicinity of Gopher Smelting Company had been completed and no evidence of ground water contamination was found. On April 10, 1963 the undersigned inspected the tanks at the Gopher Smelting which had been gunited and painted. Thickness of the gunite could be measured on the walls and was found to be approximately 3h" at several points. Thickness on the floor could not be measured. All vertical and horizontal corners were coved with approximately a 10" radius. Additional compartments had been added in the first tank to provide for better settling and sludge removal. Enclosed herewith is a letter from Baker. Pools who did the guniting and painting explaining what was done and the type of paint used. During the April 10th inspection, the balance of the equipment was inspected and a standard operating procedure was discussed with Mr. Valene. Enclosed herewith is a letter from him describing their intended daily procedure. It is recommended, however, that this procedure be supplemented with the following: A. Item 2 should include an inspection of the pump and pressure gages not less than twice each shift. System is to operate at approximately 60 psi. water pressure. Twice each shift the condition of the smoke issuing from the stack should be checked and noted in a log. Exhaust fan should be briefly checked each shift and the bearings and condition more thoroughly checked each week. -1- Eagan Town Board April 16, 1963 c/o Alyce Bolke Gopher Smelting (page 2) It is understood that with the intended operation, all water will be recycled and none allowed to overflow into the surrounding area. All gases from the reverberatory furnace and from the blast furnace will pass through the scrubber system with only one being operated at a time. A11 other melting pots are also to be connected to the high stack to minimize odor or smoke problems. Preliminary reports on the jar studies for deposits on the land from stack gases do not indicate a serious pollution problem. However, final conclusions should not be drawn until this study is completed. Enclosed herewith is a report from Moorhead Machinery describing their equipment and the results it should produce. We have also reviewed their complete drawings of the equipment. It appears that this system, properly operated, will give very good dust and smoke abatement. Final evaluation can only be made upon completion of the tests and continued observation of the plant operation. It is recommended that periodic inspections be made at random times by a representative of the Township to observe the routine preventive maintenance outlined herein. Good co-operation of the management of the plant is essential for the effectiveness of this program. A continued evaluation of the effectiveness of the system should be made as the operation is observed and as additional test data is available. Yours very truly, BOti&STROO, ROSENE & ASSOCIATES, INC. Rober= W.' Rasene RWR:h cc: A. Rahn E. Schwantz J. Klein L.Stalland, Atty. By Pools, Incorporated • 229 West 60th St. • Minneapolis 19, Minn. • Phone: TAylor 3-5111 On weekends and evenings please call: 929-3133 April 12, 1963 Mr. Bob Rosene Eagan Twnp. Engineer 1381 Eustis Street St. Paul 8, Minnesota Dear Sir: As per your telephone request of today the following is a resume of the work we did at Gopher Smelting & Refining works . Hiways #49 & 55. We lined two tamks of approxim•ly 38'/ 38'/ 7' with a minimun of three inches of gunQlee h 3 1/2" to 4" on the floors. This was the same mix that we have used in repairing leaks on municipal water storage tanks and commercial installations. It makes a very dense surface and is resistant to fumes and chemicals. Many utility companies use this as a liner in their large smoke stacks. It is also used very extensively in oil and gas refineries. In addition to this gunite lining we applied two coats of an acid resistant enamel which was formulated for us by Mapwin Paints of Minneapolis. This paint had a minimun of 20% chlorinated rubber in its makeup. We feel that this will give Gopher a leak proof system of tanks which will last many years. It is our understanding that they are flow controlling the Ph in the discharge water in the 9 range instead of in the 3 range as it previously was. This has been accompli.shec by our having lined three settling tanks with gunite and by treating the water with lime in these three tanks before it goes into the two larger tanks. In our opinion this wil make for a permanant solution of their discharge water pr blem. veryntruly Is' Inc. James M. Day Treas". CC Gopher smel.ting and Refining. ONE OF AMERICA'S LARGEST POOL BUILDERS • GOLD MEDAL NATIONAL AWARD WINNERS , uE.n,:Nl 0 FABRICATION STAINLESS STEEL ▪ ERECTION • BOILER REPAIR MOORHEAD MACHINERY & BOILER COMPANY MAIN OFFICE AND PLANT 3477 UNIVERSITY AVENUE N. E. MINNEAPOLIS 18, MINNESOTA TELEPHONE: STERLING 9-2431 fi`el)•7'1u37°y ILL, 1963 ?iRPO,.:l: - Gopher Smr lti ng Co. 'ALUM; U M CHAIN LINK FENCING In an effort to solve the dust collection problem at the above - named plant, an analysis of the different principles of particle separati_rl were considered; they are 1. Entrainment in another fluid. 2. Filtration in which the dustladen gases are passed through fiber filters where the small openings serve to catch the solid. particles. 3. Ionization in which the dust particles are given an electrostatic charge and withdrawn from the gas stream by the attraction of a charged, electrode. L. Inertia which utilizes an abrupt change in direction of flow path. Gravitation• in which there is a sudden change in the flow velocity. 6. Centrifugal force as with the whirling action of a cyclone separator. The relative efficiencies of a mechanical collector (principles 6 and 4); a filter type collector, a scrubber type of collector (principle 1) along with an electrostatic precipitator (principle were considered. The filter type collector was eliminated because of the high temperature (result- burning of Collector bags); the electrostatic precipitator has an inability to be efficient when used with gases having high "loadings". It is also a "custom" installation and is exceedingly costly. This type of collector is very efficient but requires very skilled operators and performs efficiently only over a narrow range of capanity. The mechanical collector has a lower efficiency than desired; i.e. in the range of 78 to 83 percent. REPORT - Gopher Smeltl�, page 2 Upon investigation, w found that the smelting industry has and is using; the type of equipment now installed at Gopher. This installation is a copy of the installation at Exide Battery in metropolitan Philadelphia. The writer visited the installation in .Philadelphia and made his layout from same. We wish to callyour attention to our equipment layou.t and follow through the flow which is as follows: Step 1. The exit gases enter the primary scrubber and the heavy particles are removed, using principles 1, 4 and 5. The particles collected are washed down a sluiceway to the settling pond. Step 2. The gases then flow through venturi section where atomized water• is intimately mixed with the gases (a wetting action occurs here), using principle 1. The smaller or finer particles are washed down the sluiceway to the settling pond. Step 3. The gases enter• a cyclone collector and the remainder of the particles are washed out of the gas stream. Step 4. The scrubbed, mixed, scrubbed and cleaned gases enter the fan inlet and are discharged up the stack. information, dust size particles are classified as Dia. of particle For your Smoke - Fumes - Dusts -temporary Dusts -industrial micron to 0.1 micron micron to 1. micron micron to 100 microns microns to 4000 microns For comparison, 1 micron = 0.000039 inch or 1/25000 of an inch. Basically, any small particles from 100 to 30 microns discharged from a stack will settle in still air. The results of applying microns formulae for rate of settling - V-gD2 (p - p ) show that 18 high stacks with a high issuing velocity contribute greatly to the dissemination of particles. The dust deposit rate per sq.ft. is reduced in proportion to the cube of the stack height. Using above formulae to calculate percentage of dust still in suspension at'various distances from a stack, it calculates that at 8 miles from the stack approximately 88% is still in suspension and there- fore the exit particles are widely dispersed in any industrial area. REPORT - Gopher Smelting Co. page 3 Based on the anticipated performance, we would expect 98% by weight of the particles in the exit gases would be collected. (Some manufacturers claim up to 99.5% efficiency) The remaining particles exhausted would be as follows: 401 0 - 10 microns 24,4. 10 - 20 " 24% 20 - 44 " 9% 44-74 " i 3% 74 - 149 E° The installed equipment will not perform properly if not operated properly. The following conditions must be maintained as a minimum. a 1. Water pressure at nozzles - 30 lb./sq.in. /'7 2. Static pressure, minimum across venturi --2" H20. 3. PH of water in pond - 8-10. 4. All nozzles cleaned daily. 5. Cheek fan weekly. 6. Check system daily for a) leaks, b) plugging. 7. Maintain constant visual inspection of stack. 8. Use one system for the blast furnace and one system for the reverberatory furnace. The, system will not handle the two systems at once. 9. Use specified nozzles. The system as installed now should be capable of easily meeting the A ME standards with normal precautions. The maximum loading anticipated would be in the range of 6 grains per cu.ft. before entering system. See enclosures - drawings PHONE GLENVIEW 4-3310 GOPHER $EI1ELTIfl & REFIDIflG C MmmicalUmm LEAD PRODUCTS ROUTE 1. ST. PAUL 11. MINNESOTA April 12, 1963 EonestiCoo, Rosen & As soc . , Inc. 1381 Ustis St. Paul, Minn. Att s Mr. Roscoe Deer Sirs Per your request, tho preventive z ixteinence of the Venturi fuse collector is s follows: 1. Daily Inspection and cleaning of spray noaal a. 2. D ily inspection of pomp and pressure see. 3. . i1y reploni4bment of lie in a+Utic hopper. Rey personnel directed to ,&te]y as Olt�- xation if Venturi systamlanot,fUnctloning primly until repairs sr tsde. 41Vids MOLT & Imo co. BanesI oa, Rode#ie g lksociates, Ste. MlDwav 6-4886 eomaaltia9 €'49imee s 1381 a iia SSieet, Si Pad 8, mina. Town Board Eagan Township c/o Mrs. Alyce Bolke, Clerk 1365 Deerwood Drive St. Paul 11, Minnesota Gentlemen: OTTO G. BONESTROO ROBERT W.ROSENE JOSEPH C. ANDERLIK March 5, 1963 Re: Gopher Smelting Investigation As requested by the Town Attorney, we have investigated the possibility of having the University of Minnesota follow up on their tests of lead content in the soil in the vicinity of the Gopher Smelting Company. Professor Paul Hammond of the Department of Veterinary Physiology and Pharmachology was contacted. He stated they could not go into an extensive program but agreed to retest the various areas of the Fee farm where they made tests last fall. They will take samples when the ground is thawing, once again in mid summer and again_in the fall. It is understood that they will notify the board of their findings when the tests are com- pleted. Yours very truly, BONESTROO, ROSENE & ASSOCIATES, INC. Robert W. Rosene RWR:h cc: Art Rahn L. Stalland LAW Or-r ICES LUTHER M. STALLAND SUITE 2340, RAND TOWER MINNEAPOLIS 2, MINNESOTA PAUL H. IIAUGE January 8, 1962 • Board of Supervisors Eagan Township St. Paul 11, Minnesota Re: Gopher.Smelting Co. Gentlemen: FE 6-6361 At your request because of the recent death and illness of cattle in the area of the Gopher Smelting Plant, I have recently contacted the Air Polution Division of the State of Minnesota Department of Health. I discussed the entire matter with a Dr.• Lawson who is in charge of this division'and is a medical 'doctor and chemist who was familiar with the situation. Before considering the position of the State Board of Health in re- gard to this matter it is well to recognize the nature and extent of the authority and responsibility of the Township. To begin with, the Town Board, by state law, is constituted as the local Board of Health (M.S.A. Section 145.01). This Board of Health has the power, pursuant to M.S.A. Section 145.22 to order the owner or occupant of property upon which any nuisance, source of filth, or cause of sickness is found to remove same at the owner's or occupant's expense. It should, however, be pointed out that this chapter of the law refers to communicable diseases affecting human life. The powers and duties of the local Board of Health in respect to animals is found in M.S.A. Chapter 35 which are completely subservient to the dictates of the State Livestock Sanitary Board. Further, the duties of the local Board of Health are confined to "assisting the State Board in the prevention, supression, control and irradication of contagious and dangerous diseases among domestic animals when directed so to do by the Secretary or any member thereof" (the State Livestock Sanitary Board). It should also be pointed out at this time that the law requires generally that a local Board of Health appoint a health officer to oper- ate on behalf of the local Board. The Attorney General has ruled that such health officer must be a medical doctor; however, the statute it- self is silent on this point. Nevertheless, I would suggest that the Board of Supervisors for any future health problems which may arise should . appoint a medical doctor for this purpose. In addition to the powers and responsibilities conferred on the lo- cal Board of Health by these laws, the Township Ordinance No. VI confers upon the Board of Supervisors regulatory powers as far as industry in.the township is concerned that, through its operations, creates any extra- hazardous, noxious, or nuisance situations by reason of odor, noise, or fumes. • - 2-- Specifically, with respect to the Gopher Smelting Plant, the Board of Supervisors has the power and the duty to investigate and determine whether a dangerous or unhealthful situation exists from the operations of this plant which will affect persons and property by these operations. For these reasons Dr. Lawson was contacted to a request that the State Board of Health conduct an investigation of this plant to determine whe- ther its continued operation would likely cause harm to persons and pro- perty. Dr. Lawson explained that the death and illness of the cattle in the vicinity of the plant reported to the State Department of Health had been caused by lead poisoning presumably from the stack discharge at the plant. He explained that the poisonous lead particles in the smoke after leaving the stack would be carried in the atmosphere to surrounding areas where it would fall to the ground and contaminate hay and soil. The cattle became sick from the ingestion of the high concentration of poison- ous lead particles in the soil and plantlife, not from breathing the fumes in the atmosphere. He further stated that in spite of these poisonous concentrations on the ground, the concentration of poisonous materials in the atmosphere would be so difused that there was little likelyhood of any harm to human beings from breathing he air in this vicinity. For this reason he stated further that any either at the mouth of the stack or in the atmosphere itself would be wholly inconclusive and unworthy of consideration as to the danger to either humans or animals. The only other alternative would be for individuals living in the area to submit a blood test to determine the extent of lead in the system. Dr. Lawson did state that there was equipment available to concerns engaged in this type of business adequate to control poisonous flumes and smoke as in this case. To this end, the Board has directed the Town Engineer to inspect the plant installation of equipment and he has advised me that he is making a separate report to the Board on this aspect of the matter. Luther M. St land LAW OFFICES LUTHER M. STALLAND SUITE 2340, RAND TowER MINNEAPOLIS 2, MINNESOTA PAUL H. HAUGE February 4, 1963 Board of Supervisors Eagan Township St. Paul 11, Minnesota Re: Gopher'Smelting Company Gentlemen FE 6-8361 At the January 15th meeting of the Board of Supervisors, the Town Engineer and the undersigned were requested to conduct an investigation relative to the Gopher Smelting. Company as the result of complaints presented to the Board of Supervisors by residents in the vicinity of the smelting plant. The complainants alleged that this plant.on Highway #49 had been emitting poisonous lead particles into the atmosphere in such quantity to endanger humans, animals and other real and personal property in the area. In support of their allegations and oral report was submitted by Dr. Arthur Aronson of the University of Minnesota covering soil and forage tests for lead on the Fee and Des Lauriers farms, together with statements by the resdients' spokesman, Don Chapdelaine., that noxious odors and smoke had been evident in the area over a long period of time. It appeared that a number of cattle had died from lead poisoning and that toxic quantities of lead existed insilage, forage, and soils on these farms. The Town Engineer and/or the undersigned have contacted members of the staffs of the State Health Department, University of Minnesota and Twin City Testing. Laboratories to determine appropriate steps for checking the plant operations and the surrounding area for pollution and contamination. It has been determined that Twin City Testing Laboratories is the one concern. qualified and equipped to do the job. In addition, we have inspected the Gopher plant and equipment, have talked with company officials and Mr. Chapdelaine. It has been agreed by the company and the residents that Twin City Testing is satisfactory for the purpose of making such tests as the Board of Supervisors deems appropriate. Twin City Testing proposes that the following tests be made: Phase #1: Odor Test - samples of stack gases to be taken 3-4 times during a one month period. Atmosphere Particle Test - 20 jars to be placed through- out area surrounding plant twice during a 2 month period. .Comparative profiles to be prepared. Board of Supervisors 2 Stack Gas and Solid Particle Test - 4 tests during a one month period of gas and materials emitted from stacks. Phase #2: Effluent Test samples of effluent to be taken from settling tank outlets once per week for a month. Efficiency Study - contrasting influent and effluent at the settling tanks. Wa.ter'Well Survey- 15 wells within half mile radius of plant to be tested for'pollution. Re -tests on same wells to be tested 6 months and i year following first tests. The costs of making these tests is $900 for phase #1 and $600 for phase #2, or a total of $1,500. By agreement with Gopher Smelting,Company, it will pay for phase #1 tests and the township will pay for the phase #2 tests. It has also been agreed that the tests result will be made available to the company and to the interested residents in the area for the sole purpose of determing about what steps should be taken by the Board of Supervisors to protect the public health, safety and welfare, but shall not be used by any individual in private litigation against the company. h e, In addition, to be foregoing we have. prepared proposed Eagan Township Ordinance No X11 called "Eagan Township Smoke Ordinance." In preparing this'ordinance consultation was had with officials of the cities of Minneapolis, Bloomington and West St. Paul and Twin.City Testing Laboratories with respect to similar ordinances and appropriate provisions addressed specifically to the needs of Eagan Township. .Copies of the proposed ordinance are hereto attached. Upon completion of the above tests it is contemplated that a full report with. recommendations will be submitted to the Board, the company and the interested residents. After that it will be up to the Board to take whatever action it may deem necessary. LMS:mg J Gl Gat Civic Aiociation EAGAN TOWNSHIP DAKOTA COUNTY, MINNESOTA 1495 Lone Oak Road St. Paul 11, Minn. Hoard of Supervisors, Fagan Township, Minnesota Attn: Arthur Rahn, Chairman February 4, 1963 Gentlemen, The Eagan Civic Association discussed the subject of air, soil, and water pollution at its' January meeting, and the members are under— standably alarmed. Tha present dangerous condition in land surrounding the lead plant is of grave concern, not only from the health aspect, but also the nuisance of testing and policing, and anticipated cost of such testing. We would like to see a strongly worded ordinance stopping the present hiffhly irresponsible pollution, and placing controls on all present and future industry in the township. The people of Eagan should not have to support the higth costs of these testa, but where pollution is suspected and proven, the offending industry should be charged for tie testing expenses. Sincerely Klein Chairman /3oote4 O4, Ro terte a "(Woe -dates, '`rc. MIDWAY 6-4886 eossdattiaq emeti see/id f381 Cad. Sfiieet, SZ Awl 8, Allan. January 7, 1963 Town Board Eagan Township c/o Mrs. Alyce Bolke, Clk. 1365 Deerwood Drive St. Paul 11, Minn. Re: Gopher Smelting Co. Eagan Township - File 6049 Gentlemen: OTTO G. BONESTROO ROBERT W.ROSENE JOSEPH C. ANDERLIK 0n the afternoon of January 3, 1963 we inspected the Gopher Smelting Company particularly to see if offensive odors or fumes were being given off. The smelting portion of the plant was closed down at the time and only one hot lead kettle was in oper- ation from which ingots were being poured. A small amount of smoke was noticed from the oil furnace stack. This was corrected immedi- ately by Mr. Kutoff, the superintendent, by adjusting the oil supply. Mr. Valine, the president, was not present but a lengthy dis- cussion was held with Mr. Kutoff and all parts of the plant were in- spected. The plant was shut down due to their making some additional improvements in the suction piping leading to the new cyclone equip- ment which is designed to remove all objectionable matter from the flue gases. They believe the new piping will eliminate several sources of difficulty with the new system. It is expected to be back in operation next week though additional modifications will continue to be made until all of the operations giving off bad fumes are controlled by the new equipment. A number of improvements to the structures have been made which improve both the appearance and the safety of the plant. New equipment being installed with the cyclone equipment indicated considerable in- vestments are being made to improve the plant. Mr. Kutoff stated that he believed the recent lead poisoning of nearby cattle was caused by difficulties experienced last summer before the new equipment was installed. He indicated they are very conscious of their responsibility to keep the cyclone equipment properly oper- ating and that they intend to shut down when it is not operating. -1- % o-km.114w, Rode#te & 4uociates,. 9Hc. MIDWAY 6-4886 eondscdia9 en9inee4 1381 &4SIss S 2eet, SI Paul 8, Musa. -2 - Town Board Eagan Township c/o A. Bolke, Clk. OTTO G. BONESTROO ROBERT W. ROSENE JOSEPH C. ANDERLIK January 7, 1963 Gopher Smelting Co. In summary, we believe the present management is trying to improve the plant so it will not be a nuisance or health hazard. A number of improvements are yet to be completed. Also, the plant should be in- spected relatively frequently and at random times to insure that they operate the plant as they should and as they have stated they will. Yours very truly, BONESTROO, ROSENE & ASSOCIATES, INC. Robert W. Rosene RWR:h cc: A. Rahn L. Stalland January 8, 1962 Board of Supervisors Sagan Township St, Paul 11, Minnesote Re: Gopher Smelting Co. Gentlemero At your request because of the recent death and illness of cattle in the area of the Gopher Smelting Plant, I have recently contacted the Air Polution aivialon of the State of Minnesota eepartmeet of Health. I discussed the entire matter with a Dr. Lawson who is Its charge of this division and is a medical doctor and chemist who wee familiar with the situation. aefore considerine the position of the SLate Board of Health in re- gard to this matter it is well to recognize the nature and extent of the authority end responsibility of the Tawnship, To begin with, the Town Boerd, by otate law, Is constituted as the local Board of Health (M.Selt. Section 145.01). This Board of Health has the power, pursuant to M.S.A. Section 145.22 to rder the oweer or occupant of property upon which any nuleance, source of filth, or cause ef sickness is found to remove same at the owneee or oceupant's expense. It should, however, be pointed out that this chapter of the law refers to cemmunicable diseases affecting human life. The powers and duties of the Feral Board of Health in respect to animals is found in M.S.e. Chapter 35 which are completely subservient te the dictates of the State Livestock Sanitary Board. Further, the duties of the local Board of Health are confined to "aseisting the State lord in the prevention, supreseion, control and irradication of contasious and dangerous dieceses twos% domestic animals when directed so to de by the Secretary or any member thereof" (the State Livestock Seniteey Board). It should also be pointed out at this time that the law requires aenerally that a local Board of Health appoint a health officer to open ate on behalf of the local Board. The Attorney General hue ruled that such health officer must be a medical doctor; however, the statute it- self Is silent on this point. Neverthelees, I would auggest that the Board cf Supervisors for any future hnelth problems which may arise should appoint a medical doctor for this purpose, In addition Li) thQ power e and responsibilities conferred on the lo- cal Board of Health by the laws, the Township Ordinance No, VI confers upon the Board oE Superviecre regtiLatorypowers as far as industry in the township is concerned that, through its operatiens, creates any extra hazerdoue, neeioue,cr nuisance situations by reason of odor, noise, or fumes. Specifically, with respect to the Gopher Smeltina Plant, the Board of Supervisors has the power and the duty to investigate and determine whether a dangezeus or unheelthful situation exists from the operations of this plant which will affect persons and property by these operations. For these reasons !he Lawaon was contacted to a request that the tate Board of Health conduct an investigation of this plant to determine whe- ther its continued operation would likely cause herm to persons and pro - Dr. Lawson explained that the death and illness of the cattle in the vicinity of the plant reported to the State Department of Health had been caused by lead poisoning presumably from the stack discharge at the plant. He explained that the poisonous lead particles. in the smoke after leaving the stack would be carried in the atmosphere to surrounding areas where it would fail to the ground and contaminate hay and soil. The cattle became sick from the ingestion of the high concentration of poisone ous lead particles in the soil and plantlifc, not from breathina the fumes in the atmosphere. He further stilted that In apita of these poisonous coneentrations on the ground, the concentration of poisonous materia/s in the atmouphere would be uo difused that there was little likelyhood of any harm to human beings frem breathiag the air in this vicinity. For this reason he stated further that anyleeWeither at the mouth. of the stack or in the atmosphere itself would be wholly inconclusive and unworthy of consideration as to the danger to either humans or animals. The only other alternative would be for Individuals living in the aree te aebmit a blood test to determine the extent of lead In the system. Dr. Lawson did state that there was equipment available to concerns engaged In this type of business adequate to control poisonous frumes and smoke as in this case, To this end, the Board has directed the Town engineer to inspect the plane installation of equipment and he has advised. me that he is making a separate report to the 3oard on this aspect of the matter. MIDWAY 5-6446 TWIN CITY TESTING AND ENGINEERING LABORATORY, ,INC. SAMPLE: REPORTED TO: ENGINEERS AND CHEMISTS 2440 Franklin Avenue - St. Paul 14,.Minn. REPORT OF QUANTITATIVE CHEMICAL EXAMINATION WATER Gopher Smelting & Refining Company Highway 49 & Highway 55 . St. Paul,.Minnesota . Attn: Mr. John Valene DATE: January 15, 1963 COPIES TO: Laboratory No. 3-339 Sample Identification: (1) Pump water (2) Water from system. Results: CONSTITUENT Sulfate (SO.) p H (1) : (2) P.P.M. P.P.M. 5.4 L 6o 7.4 9.7 Remarks: The samples were received for analysis January 15, 1963. AS A MUTUAL PROTECTION TO CLIENTS, THE PUBLIC AND OURSELVES, ALL REPORTS ARE SUBMITTED AS THE CONFIDENTIAL PROPERTY OF CLIENTS, AND AUTHOR- IZATION, FOR PUBLICATION OF STATEMENTS, CONCLUSIONS OR EXTRACTS FROM OR REGARDING OUR REPORTS 19 RESERVED. PENDING OUR WRITTEN APPROVAL. SAMPLES WILL BE HELD TWO (2) MONTHS FROM DATE RECEIVED, THEN DESTROYED, UNLESS WRITTEN INSTRUCTIONS TO THE CONTRARY ARE SUBMITTED BY THE CLIENT. .. FORM NO. 419 Twin City Testing and Engineering Laboratory, Inc. By # " .ead eve s too hig i in Eagan air, EPA reports Minnesota Pollution Control Agency says Gopher Resource is addressing emissions by Erin Johnson from 1.5 to 0.15 micrograms. THISWEEK NEWSPAPERS The amount of lead in the air around Gopher Resource LLC, a re- cycling plant in Eagan, is too high, according to the U.S. Environmental Protection Agency. The EPA this week named Eagan one of 16 areas nationwide that is out of compliance with air quality stan- dards for lead. A roughly 4.5-square-mile area around Gopher Resource did not meet the agency's new standards, set in 2008, which lowered the acceptable amount of lead per cubic meter of air The area was out of compliance over a three-year period, from 2007 to 2009, during which levels as high as 0.70 were recorded. According to the Minnesota Pol- lution Control Agency, Gopher Re- source has been in compliance with federal standards for the past year due to emission reduction measures it implemented after 2008. And computer modeling, which is used to predict areas of high lead con- centration, shows that all residential areas within Eagan continue to meet See Lead, 15A Gateway Bank is proud to congratulate .Cindy on being honored as a 2.010 Outstanding Woman in Banking by NorthWestern Financial Review. MEMBER FDIC . to bring theirs. He interactive' Web ac with students usin phones 'to send res to questions. Eagan Brl Trinity School concert is Dec. Trinity School at Ridge ninth- ' and grade students will songs of the season i "Gifts of Heaven" c at 7:30 p.m. Thursda: - 9. The concert will i the traditional "Ca the Bells" by the girl; and "The Boar's He; the boys choir. The Lead/from 1A the federal standards for air quality, said Ralph Pribble, public information officer with the MPCA. "Even the 'closest residen- tial facility (to: Gopher Re- source) would be within the federal standard as predicted by the computer modeling," he said. • Gopher Resource process- es and recycles more than 10 million lead -acid batteries and other lead -bearing materials each year, according to the company. . The facility is doing a "good thing" by recycling 1,) Lik- 1!C/I?r2J lead products because it keeps people from dumping them in landfills, Pribble said. "It's a difficult business to do cleanly," he Said. "They seem to be doing a pretty good job." - Gopher Resource has been cooperative with the MPCA in trying to reduce its emis- sions, he said. In 2008, after learning of the stricter federal standards, the facility installed addition- al negative pressure systems to keep "fugitive" lead dust from leaving the building. The company is planning to implement more measures in the near future, as well, said THISWEEK November 19, 2010 15A Steve Yates, environmental health and safety manager at Gopher Resource. "Obviously it's a'concern. People know what lead is and they're concerned about it," Yates said. "So. when the numbers came . out in 2008 we knew we had to jump on it quickly and get those num- bers down. We're taking it very seriously." Compliance is based on 'a three-year period, so the facil- ity will need to meet the new standards for three years be- fore the 20'16 deadline. "If things keep going the way, they have been, they should have no problem meet- ing that," Pribble said. According to the EPA, ex- posure to, lead can result in a broad range of 'adverse health effects, including damage to the central nervous system, cardiovascular function, ,kid- neys, and immune system. Children are particularly vulnerable to lead exposure, which can cause IQ loss, poor academic achievement, long- term learning disabilities, and an increased risk of delin- quent behavior. For more information, vis- it www,epa.gov. Erin Johnson is at, eagan., thisweek@ecm-inc.co 6A November 19, 2010 THISWEEK Burnsville Performing Arts Center holiday lineup includes `Nutcracker,' Lorie Line, 'A Christmas Carol' ' A season of holiday entertainment kicks off this month at the Burnsville Per- forming Arts Cen- ter, ,12600 Nicollet Ave. `Nutcracker' The Twin Cit- ies Ballet of Min- nesota will pres- ent a full-length professional production of "T ack- the second banana who dreams of singing a ballad, and the trumpet - playing sound effects man who chooses a fighter plane over Glenn Miller. Lorie Line (sold out) Popular pianist Lorie Line will pres- ini Los Angeles 'that starred Christopher .Lloyd and John Goodman. The nar- ration for this production was recorded in London in 1992 by the legendary, Academy Award -winning actor Sir John Gielgud. Girl Singers of • the Hit Parade The Girl Singers of the Hit Parade's "Christmas Show" on Dec. 20 is sure .to leave guests feeling that Delarmo/from 1A "I wouldn't say it was blighted, but it needed renew- al," he said: The Heart of the City committee arranged for Saturday -morning visits from the S. Paul Farmers _Market beginning in 1999. "That was' the summer draw," ssaid Delmoro, who pictured holiday lighting pro- gram as the winter attraction. In September 1999 Del- moro opened his Burnsville Chamber of Commerce direc- tory and began cold -calling to raise funds for the lighting program. "I thought, 'You know J PPP Eagan /j,/g/i_cic� PIaiitT�n. track to hit pollution target It must meet .EPA standards for lead emissions by 2015 By Jessica Fleming jfleming@pioneerpress.com Two years ago, when the federal Environmental Protection Agency changed its standards for airborne lead pollution, Eagan -based Gopher Resources knew it would • have to makesome changes. • The company spent $2.3 million on a new ventilation system, and for most of the past year, it has hit the lower mark. But because the emissions are averaged over a three-year period, numbers released this week by the EPA still show an area of Eagan sur- rounding the plant, which processes and recycles hazardous waste, including lead batteries, to be above the standard. The company has until December 2015 . to . meet the new standard, which is 0.15 micrograms per cubic meter, a tenfold decrease from the old standard of 1.5 micrograms. The, measurements are always averaged over three years. "The bottom line is, we need to meet it, and we'll meet it," . said GOPHER RESOURCES, 313 > Dakota County • the $ S'ER GROVE ‘,11,E!GHTS > co Bridge fire covered '• t i 1, .under insurance Insurance will cover the cost w,of repairing fire damage to the o (914 Rock Island Swing'Bridge in Inver Grove Heights as it is , A renovated into a public pier. tiple .4, No one was hurt when bery flames engulfed • the bridge .s Burn Nov. 4 while it was under con- crimi • struction. Workers accidental- We ly started the fire, said Eric: Dm Carlson, the city's Parks and whos Recreation director. enter An inspection found no struc- Burn tural steel would need to be 2:50 repaired or replaced due to the hand fire, the city reported Wednes- cash, :day However, the lower lateral plaint •bracing and the deck spans The will need to be replaced. Dam- brown j age estimates have not been face: T determined. undiscl The contractor, Lametti & into a G oils of Hugo, will repair the Two ridge this winter, according stopped o ,the city. The builder's risk Buckne ance policy will cover the Officers epair costs. Cub Foi The city reported it's "fully in his recommitted to seeing this proj- said: wet through to completion." When ri'lie 670-foot bridge, which was ney, he pMilt in 1894 over the Mississip- the robb i River, is expected to be reno- • Bucknl Vated by June 2011. aggrava — Maricella Miranda assault ,y=m 'EAGAN > previous Driver in crash was felony charges, allegedly drunk • i le to Hbe e bE A 23-year-old Bloomington to Count, man is accused of driving the uled courtJ wrong way on an Eagan high- way while drunk and Colliding• with a car, inflicting significant l„ injuries on its driver. North Victor Manuel Meda-Camey RO EVII Awas charged in Dakota County District Court with two felony Man g I';counts of criminal vehicular for fail ioperation and a misdemeanor :count of fourth -degree driving A Rose` while impaired, a criminal ed guilty v •complaint filed Wednesday return wa Thursday 11-18-2010 D ,3B - CONTINUED FROM 1B > Gopher. Resources Gopher Resources environ- mental health and safety manager Steve Yates. Gopher Resources plans to spend'$325,000 on addition- al .equipment to ensure it meets the standard, Yates said. . Lead emitted into the air can be inhaled or ingested after it settles, according to 1 the EPA. Children are most susceptible- to the effects of lead, which can impair their IQs, learning capabilities and behavior. • The Minnesota Pollution Control Agency has been working with thecompany to lower its emissions. Spokesman Ralph Pribble said new science often causes standards to change. . "Emerging evidence shows adverse effects from lead occurred at lower levels than previously thought," Pribble said. Pribble also said air in resi- dential areas closest to the plant were within the new • standards. "We suggest that. people •with concerns about 'health Gopher Resources Yankee Doodle LRd PIONEER PRESS 4 TO LEARN MORE Residents with health concerns should call the state Health Department's Dan Symonik at 651-201-4928. contact the Department of Health," Pribble said . Yates said Gopher • Resources did what it could in two years and expects that additional changes will bring its emissions into compli- ance. "That was a pretty drastic drop," Yates said. "It takes time to order and install equipment." ! Jessica Fleming can be reached at 651-228-5435. + 4B D ' twincities.com St. Paul Pioneer Press State wins praise fo ER nursing group notes strides in laws By Kaitlyn Egan kegan@pioneerpress.com - Minnesota has made the. greatest progress of any state in enacting laws aimed at mak- ing roads safer, according to a report Wednesday by the Emergency Nurses Associa- tion. "(Minnesotans) are the real stars when you look at who's improved from 2008 to 2010," said Anthony Phipps, an asso- ciation spokesman: "They went from the bottom third to the top third in two years, and that's real impressive. Clearly they saw the light." The- association's "national • scorecard on state roadwa; laws" scored each state an the District of Columbia o roadway safety. The scores were based on 14 types of leg islation that address seat -belt use, child passenger safety graduated driver licensing for teens, all -rider motorcycle he1• met requirements, ignition interlock devices to prevent drunken driving, distracted driving, anil the authority tc develop, maintain and evalu ate a state trauma system. The distracted driving law was added this year to the report, which began in 2006 Distracted driving involves drivers entering, sending Obituary > Laura Bachman Stillwater shocked as Chefs Gallery owner was a `blessing By Mary Divine mdivine@pioneerpress.com \x/1.nn TAatt Ctabort nw Laura Bach- man died unexpectedly Ti tperiav at !ONEER PRESS DISPA`PCH AKOTA WEST EAGAN ■ APPLE VALLEY ■ ROSEMOUNT ■ LAKEVILLE ■ BURNSVILLE ■ WEDNESDAY, OCTOBER 26, 1988 Gopher Ordnance Works smokestacks, above, are a towering reminder of the complex built during World War II at Rosemount. At right, trees and vegetation gradually take over remaining structures at the plant. Photos by Craig Borck Powder plant now monument to war -torn past File photo Army officers inspect plant construction in 1942. By Wayne Wangstad Staff Writer The concrete smokestacks still tower over the Dakota County countryside, aging sentinels and eerie reminders of an era when the world was a different place and everyone was at war. Now more than 40 years old, the power plant stacks show evidence of weather and vandalism but are easily'surviving the nudging encroachment of the pigeons, pine and cottonwood that have invaded that stage of Rosemount history known as the Gopher Ordnance Works. The same cannot be said for remnants of other buildings and structures that were part of the 12,000- acre GOW in Rosemount and neighboring Empire Township. The GOW was constructed during World War II to manufacture cannon and rifle powder for the war against Germany and Japan. An incredible amount of money, material and manpower went into building the powder plant once construction started in May 1942, just six months after the Japanese attacked Pearl Harbor. But today, a walk through the old plant is like exploring an ancient archaeological ruins. The smokestacks stand alone, next to a wide base of concrete that provides a clue they were intended to be part of a more elaborate scheme. Although never completely finished, the ordnance works and its 856 buildings, including 25 homes, cost nearly $120 million. During construction, it employed more than 19,000 workers who taxed Please see Plant/2 66 After they started work on the plant, the roads were black with cars going to and from work mornings and evenings. Rosemount was just an entirely different community. It's never been the same since. 19 Mary Hynes Resident DEBRA O'CONNOR Cocooning not new; but it's 'in' thing now More Minnesotans now live in the suburbs than in the big cities, rural areas or small towns. Across the country, we suburbanites wield vast political and social power, and that is why one of our lifestyle quirks has become trendy. We, who are affluent, well- educated and well -traveled, especially those of us in the baby - boom generation, are staying home for recreation. This phenomenon, which has swept over the nation at roughly the same rate as this generation has produced small children — last year, with 3.8 million births, set a recent record — has come to be known as cocooning. There are two reasons boomers cocoon: 1. Because when we're home, we can enjoy the company of our children in the comfort and beauty of the possessions we've carefully purchased over the years. 2. Because we can't afford to go out. (See above.) Unlike the ingenuous answer given on many a Playboy bunny's data sheet ("My idea of a perfect evening is to watch a movie on TV and eat popcorn with a sensitive man," quoth she, an adult who dots her is with circles), true cocooners really do prefer to stay home. This was not always so. When we were younger and single, our homes were merely bases of operation, often an apartment shared with a roommate who later went on to become our best man or maid of honor. It was where we changed clothes between work and going out, and usually where we slept. The refrigerator was empty except for a six-pack of Coors, a lemon and yogurt with a freshness date in the previous season. Staying home on a weekend had no cachet whatever. Now we have moved to the suburbs, and our lives have changed. Dakota County has the highest proportion of two -income families of any county in the entire country. We make pretty good money at interesting jobs and we Please see O'Connor/ ry 2DW /FROM THE SECTION FRONT Wednesday, Oct. 26, 1988 Plant Continued from Page 1 living quarters in the Rosemount and Twin Cities areas, and caused what then seemed massive traffic jams when their shifts ended. When the plant, which was managed by E.I. du Pont de Nemours and Co., started production, it em- ployed about 3,000 workers. The production lasted only eight to 10 months. The ordnance facility boasted 75 miles of railroad track, 60 miles of road and two 42-inch steel and con- crete lines that transported water from the Mississip- pi River. There also were four deep wells, one of which could provide 8,000 gallons per minute. There were two power plants. One had five smoke- stacks and was on the east side of the powder plant grounds. The other had four stacks — one was never finished — and was on the west. From the start, the plant sparked controversy and litigation, and there were several people who said it was a boondoggle, according to an article by Minneso- ta Historical Society employee Patricia Dooley in the summer 1985 issue of the society's magazine, Minne- sota History. The lawsuits started soon after the government an- nounced plans to construct the Rosemount powder plant, which was to be the second government -owned, contractor -operated defense plant in Minnesota. The first such plant was the Twin Cities Army Ammuni- tion Plant in Arden Hills. Work on that plant started on Aug. 28, 1941, more than three months before the Japanese attack. Thousands and thousands of acres would be needed for the Rosemount plant, which meant farmland would have to be acquired through condemnation pro- ceedings. Rosemount area farmers were as patriotic as anyone else. But when they couldn't get what they considered a fair price for their land, they sued. Mary Hynes, who still lives in Rosemount and is now 86, recalled that she and her late husband, John, had only six weeks to leave their 160-acre farm south of Rosemount. Another Rosemount resident, Donal Carroll, 70, said he and his father had but two weeks to leave their farm southeast of Rosemount's business district. "After they started work on the plant, the roads were black with cars going to and from work morn- ings and evenings. Rosemount was just an entirely dif- ferent community. It's never been the same since," Hynes said. According to Carroll, "The only thing that really prospered was the liquor store, I guess." "People don't realize what it's like to go through that kind of move. They didn't tell us what we were going to get per acre; it was just move, go. I think we should have been paid like the Japanese for moving; they were compensated for their discomfort. We were not paid damages or anything. All we did was get paid for the acre. And they were tight when it came to buying the land, but not when it came to the plant. The contractors were guaranteed at least 10 percent prof- it," Carroll said. By the time the farmers' lawsuits were settled, World War II was over. Ironically, when some of the land was declared surplus, there were some farmers who got to buy their land back — but at a price lower than they had originally received. In the meantime, Dooley wrote in the Minnesota History magazine: " ... Rosemount farmland was being transformed into an industrial complex of mas- sive proportions. The town was swamped with thou- sands of workers who came to take the jobs offered there. As soon as the farmers started vacating their homes in early May, work began to prepare the site for construction; telephone, telegraph and teletype lines; and on May 27 (1942) all of the roads on the plant site were closed to public traffic," There were powder magazines, laboratories, ballis- tic ranges, fences and storage areas to be built, along with facilities for carpentry, car repair, blacksmith shops, pipe fitting, welding, medical buildings, admin- istrative buildings and cafeterias, according to the magazine article. Wet weather during the summer of 1942 delayed opening of the plant until October 1943. Construction ceased in the spring of 1943, when the plant was more than 70 percent complete, and government officials said the ordnance works was not needed "because the nation's other powder manufacturing plants were pro- ducing more than originally anticipated, and the cur- rent demand for artillery explosives was lower than expected," the magazine reported. Workers started dismantling the ordnance works in January 1944. But seven months later, the War De- partment said the plant would be rebuilt and powder production started. "Unexpected heavy use of artil- lery" by American fighting men in Italy and other fronts was cited as the reason. In December 1944, a $60 million expansion to double the powder plant's production was started. In early 1945, powder production finally began. But the war was coming to a close and the order to close the plant was handed down in August 1945. The last cannon powder was packed in October 1945. Federal authorities ordered the plant dismantled and its equipment sold. Buildings, tools, machinery, railroad ties, railroad track, nuts, bolts, screws, sho- vels, roofing and water pipe were sold and stripped from the plant. Some buildings were demolished and 4 million pounds of unusable gunpowder was destroyed. In 1947, the University of Minnesota acquired about 8,500 acres of the property and 168 buildings to use for research. About 5,000 acres is now under the con- trol of the university's Rosemount Research Center, which no longer conducts research, while about 3,200 acres is controlled by the university's Rosemount Ag- ricultural Experiment Station. Today, a drive down the old plant's narrow roads reveals half -hidden concrete foundations, fallen walls of crumbling brick and rusted fire hydrants. Rusted barbed wire hangs on wooden posts that sag with age. A drive down the old plant's narrow roads reveals half -hidden concrete foundations, fallen walls of crumbling brick and rusted fire hydrants. Rusted barbed wire hangs on wooden posts that sag with age. Before the plant was dismantled, there were build- ings used either for manufacture or transfer of pow- der to railroad cars, buildings that apparently were fashioned from corrugated metal and what are now called "T" walls. 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