Mark Massingill and Indra Massingill - Page 8

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          stored in his work area.  Petitioner corresponded with DHS in               
          order to secure information and obtain administrative relief.               
          Petitioner also consulted with attorneys in the matter.  After              
          the seizure of the materials by DHS, petitioner expended money to           
          erect a fence on the property pursuant to DHS’s specifications.             
          This measure was intended to restrict public access to the                  
          allegedly hazardous materials still present at the property.                
          Petitioner spent several hundred dollars in efforts to comply               
          with DHS’s requirements by over packing materials.  Petitioner              
          also spent approximately 1 month in 1990 fabricating equipment              
          for customers.  He worked on a prototype device that was a waste            
          water cleaning machine.  With a pressure washer, the device was             
          intended to remove oils from contaminated water.  Petitioner also           
          had other projects for which he had orders.  The remainder of the           
          time was spent on general maintenance and shop housekeeping.  For           
          example, on August 17, 1990, petitioner placed zinc bearing                 
          residue on the ground for weed control.  Other such maintenance             
          activities included the cleaning, painting, and lubrication of              
          machinery, disassembly of apparatus for recovery of components,             
          and storage organization of parts and supplies.                             
               Petitioner maintained a contemporaneous daily record of his            
          activities during 1987 and 1988, until August 1988.  At that                
          time, for personal reasons, petitioner ceased recording the                 
          information in the logs.  Petitioner partially resumed                      
          maintenance of the journal in 1989, and with more detail in 1990.           




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