Notice the only two names on this filing are D Ferrell and J. Clifford Forrest. apps.sos.wv.gov/business/corporations/organization.aspx?org=302929 In his affidavit, Lafferty writes that, “Freedom, through certain of its key personnel, was long aware” of the “inadequacies” in the MCHM storage area’s containment dike. “I have talked to employees who had worked for the Etowah Facility’s previous owner, before [Etowah River Terminal] purchased the site in 2001, and they have told me that they were aware of deficits in the dike wall at that time,” Lafferty wrote. “A company hired by Freedom to perform tank inspections in 2008 also noted the deteriorating condition of the dike wall, in particular in areas near the location of Tank 396, the tank from which the MCHM leaked. Nonetheless, Freedom never repaired the dike wall.” Lafferty alleged that Freedom also failed to properly inspect Tank 396, the tank from which the MCHM leaked and spilled into the Elk River. “Tank 396 was a riveted tank, a type of construction that had not been used for above-ground storage tanks for many years,” Lafferty wrote. “In 2008, when Freedom made arrangements to have all of the large tanks at the facility inspected, it deliberately excluded Tank 396 and the two othre smaller tanks that were used to store MCHM, Tanks 395 and 397, which were also riveted tanks.” Lafferty describes discussions he has had with former Freedom plant manager Michael Burette, who was charged through an “information,” a procedure that typically means a defendant is cooperating with investigators and has or will reach a plea agreement. “Burdette even stated that in 2008, almost seven years after Freedom first took possession of the Etowah Facility, that Freedom would get rid of Tanks 395, 396 and 397, that is, take them out of service, because they were old,” Lafferty wrote. “Freedom, however, never took them out of service. Instead, Freedom continued to use them for MCHM storage.” - See more at: wvgazette/article/20150108/GZ01/150109425/1419#sthash.V9arUcOm.dpuf
Posted on: Thu, 08 Jan 2015 15:47:54 +0000
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