ATG bankruptcy waste return

[NSSIHOU@AOL.COM]

Posted this to RadSafe several days ago but I never saw it  online. If this is a duplicate, I apologize. 


Many previous customers that shipped waste to ATG in Washington in rosier times have received phone calls and letters from ATG indicating that the State of Washington is requiring that wastes shipped to ATG prior to bankruptcy be removed from the site or that the generator of the waste pay ATG again for the waste so that ATG can ship the waste to another permitted facility for treatment and/or disposal. The State has indicated that it has not placed this requirement on ATG or authorized ATG to issue a letter requiring such removal.


Several questions seem to be in order:


1.  Is anyone aware of what authority such requests are being made? If the State has not required such removal or repayment of treatment and disposal fees, has any regulatory body? Under the hazardous waste rules, if a company goes  into bankruptcy and out of business, the EPA moves in and identifies Potentially Responsible Parties (PRP) and then seeks to get financial recovery for the site clean up costs from these PRPs.  


It would appear that ATG is still accepting wastes from some generators and brokers under their existing permits and is still doing business under the protection of the bankruptcy laws. If ATG is still an ongoing business, it's permits are still in place, and it is still soliciting and treating wastes, how does it justify requests to pay a second time for disposal of wastes it had on site prior to bankruptcy?


3. Some generators have gone to the ATG site to inspect their their wastes  prior to having the waste transported back to the generating site. Rumor has it that in some cases the waste was not at the ATG site. In other cases, the generator waste had been mixed with other generators wastes. Is anyone aware of the validity of such rumors. 


It would appear that the problem of rebilling for wastes shipped to the ATG site includes hundreds of generators. As ATG attempts to double bill generators for treatment of their wastes, ATG is negotiating with several potential purchasers but it appears that all the bidders refuse to complete the purchase until the issue of prebankruptcy waste is dealt with. It almost appears that ATG is attempting to rid itself of all prebankruptcy liability so that any funds from the sale can go into the pockets of the previous owners of ATG. 


I have not seen this subject aired on Radsafe previously and would appreciate any response or clarification that any of you can provide either on Radsafe or privately.


Robert D. Gallagher

NSSI

713 641-0391

rdgallagher@nssihouston.com