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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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