Case 2:19-cv-00894 Document 111 Filed 10/05/20 Page 1 of 24 PageID #: 4916

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

THE COURTLAND COMPANY,
-

Plaintiff,

v.
UNION CARBIDE CORPORATION,
-

Defendant

)
)
)
) Case No. 2:19-cv-00894
)
) Hon. John T. Copenhaver, Jr.
)
)
)

SUPPLEMENTAL DECLARATION OF DAVID SCOTT SIMONTON, Ph.D., P.E.
IN SUPPORT OF COURTLAND COMPANY’S MOTION FOR PRELIMIARY
INJUNCTIVE RELIEF FILED ON MAY 20, 2020
[ECF DOCKET No. 34]
1.

My name is David Scott Simonton, Ph.D., P.E. I am an adult and a resident citizen

of the State of West Virginia. I am also a Registered Professional Engineer (WV 013637, MS
29794, KY 35795) with over 29 years of professional experience in State environmental and public
health protection regulatory agencies, private consulting and academia. By appointment of
successive Governors of the State of West Virginia, I served from 2002 to 2017 as Member and
for a number of those years as Vice Chairman of the West Virginia Environmental Quality Board,
an administrative, adjudicatory agency of the State of West Virginia that functions as quasi-judicial
State Board of Review responsible for hearing and resolving appeals regarding the issuance or
denial of permits, permit conditions, or enforcement decisions rendered by the West Virginia
Department of Environmental Protection, Division of Water and Waste Management. I am a
Professor and Program Coordinator of the Master of Science Degree Environmental Science
Program at Marshall University. I provide consulting services and litigation support through my
own company. I have personal knowledge of the matters set forth herein and could truthfully and

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competently testify as to all such matters. I hold all of the opinions expressed herein to a
reasonable degree of scientific and engineering certainty.
2.

I have a Bachelor’s Degree in Civil Engineering from West Virginia Institute of

Technology, a Master’s Degree in Environmental Engineering from Marshall University, and a
Ph.D. in Engineering from the University of New Mexico (“UNM”). My coursework included
many graduate courses that either focused specifically on or included contaminant fate and
transport. My Doctoral research dissertation was titled “Stability of Arsenic and Selenium
Immobilized by In-Situ Microbial Reduction”. My work was funded by the U.S. Department of
Energy and focused on the fate and transport of metals and metalloids in the subsurface
environment. While at UNM, I also conducted research on the fate and transport of metals in
copper mining wastes. As a practicing engineer in private consulting and in working with State
regulatory agencies, my work has always included a significant amount of work in the area of
contaminant fate and transport, and I have worked on hundreds of projects involving fate and
transport of contaminants. That work has included fate and transport of organic and inorganic
contaminants in all environmental media, including air, soil, surface water and groundwater. I
teach graduate-level courses that include elements of fate and transport and site investigations, as
it is a major aspect of environmental science and engineering, and I have published peer-reviewed
articles and presented at national and international conferences on subjects that include fate and
transport. I have testified in numerous depositions and trials regarding fate and transport issues.
3.

In the course of my education described above, I also took many courses that

included elements of site investigation, site characterization, and risk assessment, or courses
specific to that subject matter. My 29+ years of experience has included hundreds of projects in
which I conducted site investigations, site characterization and risk assessments as a project

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manager or project engineer for these types of projects, or was a reviewer of work products
resulting from these types of projects.

This work includes experience with all classes of

contaminants, including organics, inorganics and radionuclides, in soil, air, surface water and
groundwater. I was a member of the team that developed the Risk-Based Corrective Action
Program for the State of Idaho, was one of the first Licensed Remediation Specialists in the State
of West Virginia, and in the past had a contract with the WVDEP to review site assessments and
risk assessments submitted under the State of West Virginia’s Voluntary Remediation Program. I
have been hired by consulting firms to review environmental site assessments and conduct
environmental and public health protection risk assessments when they did not have the internal
expertise. I teach graduate courses specific to the areas of environmental and public health
protection site investigation, site characterization and risk assessment, and many that include
elements of these subjects, as these are subjects that are central to what environmental scientists
and engineers do. I have testified in numerous depositions and trials regarding site investigation,
site characterization and risk assessment.
4.

In the education described above, I also had coursework that included elements of

the toxicological effects/toxicity of environmental contaminants to humans and ecological
receptors. I have also received training on this subject through short courses specific to the
development of the Idaho Risk-Based Corrective Action Program and through numerous
conferences. My risk assessment experience and training are described above. Environmental
Risk assessment includes a necessary knowledge and evaluation of toxicity and toxicological
effects. In this regard, the environmental engineering profession overlaps with the toxicology
profession. The toxicity of contaminants to humans and ecological receptors were central
components in many of the risk assessments I have conducted. I have presented at national and

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international conferences on the toxicity of contaminants, and published peer-reviewed journal
articles specific to toxicity of contaminants. I teach graduate courses that include elements of
toxicity and toxicological effects, as this is a central subject to what environmental scientists and
engineers do.

I have testified in numerous depositions and trials regarding toxicity and

toxicological effects of pollutants and contaminants.
5.

My professional experience includes considerable environmental engineering,

regulatory compliance, and project management experience. I have significant experience in the
areas of environmental and public health protection site investigations, fate and transport, process
engineering and wastewater treatment system operation and design, especially for industrial
facilities. I have dealt with many different groundwater, soil, process and wastewater issues,
including those for metal fabricators, natural gas compressor stations, chemical facilities, poultry
processors, quarry operations, coal mines and preparation plants, remediation systems, and glass
manufacturers. I also have considerable experience in risk assessment, Voluntary Remediation
and Brownfield’s programs, and in environmental and public health protection regulatory issues,
especially in the areas of water, waste and air quality permitting and compliance, and have an
excellent understanding of industrial processes. I have experience in the areas of risk based
corrective action, soil and groundwater remediation, surface water quality, and facility audits. My
professional employment experience includes positions with the West Virginia Division of
Environmental Protection and the Idaho Division of Environmental Quality, where I helped
develop the Idaho Risk Based Corrective Action Program.
6.

I have experience in environmental engineering, risk assessment, safety and

compliance as it pertains to complex litigation. I have filed testimony in state and federal courts.
In addition to consulting work, I teach and/or have taught environmental engineering and

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environmental science as a full professor. My curriculum vitae containing a description of my
education, professional experience as an environmental engineer, including prior testimony for the
past 12 years, publications and affiliations for the past 10 years is attached as Appendix A.
7.

In relation to this matter, I made field observations and took environmental samples

on September 11 and 12, 2020. The purpose of these activities was to observe and confirm the
presence of contaminants emanating from the Union Carbide Corporation (UCC) Filmont
hazardous waste dump where it borders the surface waters of Ward Branch, Davis Creek and the
South Boundary Creek in South Charleston, WV.
8.

These observations were made by boat while in Waters of the State, or on land via

The Courtland Company property.
9.

I arrived at the South Charleston public boat ramp at about noon on Friday,

September 11. That boat ramp is located on the south bank of the Kanawha River, immediately
west of where the Davis Creek intersects with that River. When I arrived, there were two men
fishing from the bank of the Kanawha River near the boat ramp. I asked if they’d “had any luck”
– they had not – and I advised them against eating anything they caught from that location. I
prepared my boat (a kayak of about 13 feet in length), launched it at approximately 12:25 P.M.,
and proceeded to paddle up Davis Creek, in a southeasterly direction. The creek is wide and very
shallow, and it was very challenging to get upstream in a kayak because of the sediment-filled
stream bed. Near the creek’s confluence with the Kanawha River, the sediment on the Davis Creek
bottom appears to be sand/silt. From the creek’s mouth (at the Kanawha River) all the way to the
Filmont dump, water in Davis Creek was slightly murky, with visible suspended materials. All
observations after launch of the kayak were made from the kayak on the water, and at no point

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during my field, observation, and sampling activities on September 11 did I get out of the kayak
or set foot on any bank or land.
10.

Meteorological conditions during the September 11 field activities were good.

Temperature was approximately 80 degrees Fahrenheit, with sunny skies, very good visibility, and
no precipitation.
11.

Upon reaching the confluence of Davis Creek and Ward Branch, I proceeded

upstream on Davis Creek, along the western edge of the Filmont hazardous waste dump, which is
built right up to the eastern bank of Davis Creek and in some locations it appears to be in contact
with the creek. In the vicinity of the Filmont dump, a chain-link fence is present on the eastern
bank of Davis Creek. The distance of the chain-link fence in this area was observed to be
approximately 10 to 20 yards from the creek. (See Photo #1) All along the eastern bank associated
with the Filmont open dump I observed orange sludge just below the waterline, the sludge
appearing to consist of fairly thick deposits of iron hydroxide/oxyhydroxides (See Exhibit 1,
Photos #1 and 8, Video #11). Orange deposits intermingled with and covered the creek sediments
in Davis Creek away from these sludge blankets, at times nearly the full width of the creek is
stained with orange deposits which extend beyond the heavy orange sludge deposits. These heavy
orange sludge deposits were present only on the eastern bank of the creek, on which bank the
Filmont dump sits and were notably absent on the western bank of Davis Creek.
12.

The orange sludge deposits were nearly continuous along that portion of the creek

bank which borders the Filmont hazardous waste dump up to the most upstream point I could
access via kayak. Just north of the confluence (i.e., about 30 or 40 yards from the confluence) of

1

This video may be viewed at the following link: https://drive.google.com/file/d/1ses-kfQsiV5ixIeqKCHWGaQUQ0-XGEv/view

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Davis Creek and South Boundary Creek (which flows from the Courtland Property), Davis Creek
became so shallow I could proceed no further via kayak. I headed back downstream and proceeded
up Ward Branch.
13.

Ward Branch was quite murky and was less clear than the Davis Creek. All along

the Filmont hazardous waste dump (south) bank of the Ward Branch, I observed landfill material,
including broken concrete, bricks, 5-gallon buckets, and a heavy orange sludge similar to what I
had observed on the east bank of Davis Creek. (see Photo #3) This material came all the way to
and into the creek as I proceeded east. Where the creek turned north to pass under a culvert, the
landfill material appears to be actually in the creek; it appears that this material either fell into the
creek as the creek eroded the landfill material and bank, or was placed there to prevent further
erosion and to support the fence, which had been “left hanging” as material had eroded from
underneath the concrete pier footings of the chain-link fence (see Photo #3). (Along the Ward
Branch, the fence is much closer to the water, even up to the water’s edge.) It appears from the
nature of the hanging vertical fence footing (bottom of post in a round cylinder of concrete), that
soil or landfill, or both, material(s) had originally surrounded the vertical fence supports but has
been eroded away into the creek, very likely carrying fill waste material and contaminates with
water and into the sediments. The volume of fill waste material that has migrated into the
waterways is unclear, but it is very likely that these fill waste materials have caused or contributed
to the sedimentation of the waterways.
14.

Just east of this material, I observed a continuous discharge of liquids and solids,

flowing from the Filmont hazardous waste dump and creating a blanket of orange sludge that

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entered the creek (see Photos #2 and 9, Videos #2 and #32). As the creek is very murky at this
point, I could not see the full extent of the sludge below the waterline, though it was evident, even
through the murky water, that orange sediments were present in Ward Branch along the Filmont
dump bank from this point for at least 50 yards, towards Davis Creek (to the west). It is my
understanding that an additional discharge or seep has been identified by UCC and/or its
consultants further upstream on the Ward Branch but I was not able to kayak to that section of the
Ward Branch to observe it.
15.

At the discharge which I did observe, as depicted in [Photos # 2 and 9, and/or

Videos # 2 and 3] dump materials and liquids flowed continuously, from a small ditch down onto
the sludge deposits and then to the creek. The orange sludge deposits were heavy at the point
where the liquid flowed from the landfill and at locations immediately west of that point along the
creek bank. I sampled the orange dump sludge immediately below where the liquid dropped from
the dump (Sample 3, at the waterline), the dump waste liquid from the discharge itself (Sample 1,
at the waterline), and water immediately upstream and across the creek from the liquid discharge
(Sample 2, in Ward Branch). I could proceed no further upstream due to shallow water. Location
of samples 1, 2, and 3 are shown in Photos #2, 9 and 11. See Exhibit 2-Sampling Results.
16.

I then made my way back to the boat ramp, observing the dump material all the

way down the Ward Branch to its confluence with Davis Creek.
17.

Upon my return to the ramp I observed a father and 2 small children fishing in the

Kanawha River immediately below the confluence with Davis Creek (Photo #10). I advised him
to not eat anything they caught from that location.

2

Video #2 may be viewed at the following link:
https://drive.google.com/file/d/1kkZqJaLqCLB8OqNp9sZX2WehBjUXDppt/view
Video #3 may be viewed at the following link:
https://drive.google.com/file/d/1jBBJKmzzrhXKeL4KmyAy1YORut4FWha1/view
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18.

On Saturday, September 12 at about 09:15 A.M., I returned to complete my

observation and sampling activities from the Courtland property. South Boundary Creek flows
from the UCC Tech Center area, across Courtland property, to Davis Creek. The Courtland
property is downgradient of UCC’s Filmont hazardous waste dump, the UCC Railyard, and the
UCC Tech Center facility. From the Courtland bank, I could observe that the orange deposits of
dump material along the Filmont hazardous waste dump bank extended 30 yards or so in Davis
Creek upstream of the confluence with the South Boundary Creek flowing across the Courtland
property, but it appeared to disappear beyond that point. Dump waste materials in the form of
heavy orange sludges were also observed in the South Boundary Creek immediately upstream of
the confluence (See Photos #4-7, Video 43). Photo #6 shows a channel of orange staining coming
from the Filmont Open Dump across the Courtland Property into the South Boundary Creek and
discharging to Davis Creek. It appears that the Filmont Open Dump has and continues to deposit
waste onto the Courtland Property on the north side, in the waters of and in the bed of the South
Boundary Creek.
19.

The samples were kept in an iced cooler until the morning of Monday, September

14, when they were transported to the lab (ALS) for analysis of Priority Pollutant metals and iron,
aluminum and manganese.
20.

I received sample results from the lab on September 22, 2020 (Exhibit 2-Sampling

Results, Attached). Results indicate that the dump material liquid as well as the associated sludge
is highly contaminated with toxic material from the dump.

Ward Branch is also highly

contaminated. Ward Branch originates at the UCC Technology Center and for its entire flow to
Davis Creek is either on, adjacent to or downgradient of areas of known UCC contamination

3

Video #4 can be viewed at the following link:
https://drive.google.com/file/d/1rJAS96oSzNHe8T0yf6uuum9F1u0lyDxi/view
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(https://www.epa.gov/hwcorrectiveactionsites/hazardous-waste-cleanup-union-carbidecorporation-technology-park-south; Exhibit 1, Figure 1; and Exhibit 3).
21.

The liquid obtained from the landfill discharge (referenced in para. 14, above) has

one of the highest concentrations of iron I have ever observed in a field sample (Sample 1). Exhibit
2-Sampling Results. It is also high in aluminum, manganese, arsenic and lead. Also present are
beryllium, cadmium, chromium, copper, nickel, selenium and zinc. Exhibit 2-Sampling Results.
22.
iron

by

Both Ward Branch and Davis Creek have been identified as impaired relative to
WVDEP

and

have

Total

Maximum

Daily

Loads

(TMDLs)

for

iron.

(https://dep.wv.gov/WWE/watershed/TMDL/grpb/Documents/LowerKanawha_TMDL_B2_201
1/Lower_Kan_EPA_Approved_2012/FINAL_EPA_Approved_LowKan_TMDL_Report_6-512.pdf). Additionally, when compared to WV Water Quality Standards (47CSR2), Sample 2
indicates that Standards for arsenic are also violated in Ward Branch. High concentrations of total
aluminum indicate that Standards for dissolved aluminum would also likely be violated.
23.

Arsenic has been reported by UCC to the City of South Charleston as one of the

contaminants that has flowed from the UCC Filmont hazardous waste dump across or under Davis
Creek onto City of South Charleston property immediately adjacent to a residential area (Exhibit
3). Additionally, arsenic is reported as a groundwater contaminant associated with the Ward
Hollow landfill at the UCC Tech Center, from which Ward Branch originates
(https://www.epa.gov/sites/production/files/201512/documents/ucc_techcenter_fdrtc_dec2010.pdf).
24.

Just based on observations of the dump material sludges in Ward Branch, Davis

Creek and South Boundary Creek associated with and emanating from the Filmont hazardous
waste dump, it is obvious from the appearance of these sludges (orange deposits indicative of iron

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oxides) that high concentrations of iron have been and are continuing to be added to Ward Branch
and Davis Creek, streams already compromised by iron, as well as the South Boundary Creek, by
the Filmont hazardous waste dump.
25.

Analytical results (Sample 3) of the solid dump material sludge flowing into Ward

Branch from the Filmont hazardous waste dump indicates that this dump material contains
extremely high concentrations of iron. Exhibit 2-Sampling Results. Results were compared to
WVDEP Soil Background Data 90th percentile concentrations (developed by USGS and found at
https://dep.wv.gov/dlr/oer/brownfieldsection/technicalguidanceandtemplates/Pages/default.aspx),
indicating that in addition to elevated concentrations of iron, the concentrations of arsenic,
mercury, copper, cadmium, lead, nickel, selenium and zinc all exceeded background levels. It is
reasonable to conclude that all or vast majority of the sludges associated with the Filmont
hazardous waste dump in Davis Creek and South Boundary Creek are similarly contaminated.
26.

Mercury is a hazardous waste that is known to have been disposed of by UCC into

the Filmont hazardous waste dump (Compliance Evaluation and Wastewater Characterization,
Union Carbide Company, South Charleston, West Virginia, USEPA 1979; Compliance Evaluation
and Wastewater Characterization, South Charleston Sewage Treatment Company, South
Charleston, West Virginia, USEPA 1979), and sampling reveals that mercury is currently being
discharged from the Filmont dump. In addition to mercury, cadmium and lead -- other waste
materials found in the liquid and solid waste coming from the dump -- bioaccumulate in aquatic
organisms, including fish, and present a clear endangerment to human health and the environment.
The presence of a popular fishing spot and boat landing in close proximity to and downstream of
the Filmont dump should be a matter of immediate public health protection concern.

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27.

Based on my observations on 11 and 12 September and related sample results set

forth on Exhibit 2-Sampling Results, I have concluded that waste material has contaminated
groundwater and is flowing from the Filmont hazardous waste dump — from the discharge
referenced in paragraph 14, above, and other locations — in the form of liquids and sludges
containing aluminum, arsenic, beryllium, cadmium, chromium, copper, lead, manganese, mercury,
nickel, selenium, and zinc, to the south, west and north into the South Boundary Creek, Davis
Creek, and Ward Branch, respectively. These sludges have covered the bottoms of the South
Boundary Creek, Davis Creek, and Ward Branch and with the contaminated liquids have likely
entered the Kanawha River, particularly (though not exclusively) during rain events that would
have caused or contributed to the migration of the contaminates down river. These observations
match groundwater flow maps developed for the Filmont hazardous waste dump by UCC/Jacobs
and provided to the City of South Charleston (Exhibit 1, Figure 1). Thus, it is a virtual certainty
that the contamination seeping, eroding, and migrating from the Filmont hazardous waste dump
have caused and contributed to contamination of sediments and possibly other media within the
Kanawha River and the groundwater hydrologically connected to South Boundary Creek, Davis
Creek, and Ward Branch.
28.

These conclusions are further supported by reports from UCC to the City of South

Charleston that contaminated groundwater has flowed from the Filmont hazardous waste dump
across or under Davis Creek onto at least City of South Charleston property (and likely beyond
such property, into an adjacent residential area) (Exhibit 3), at which such City of South Charleston
property UCC has already admitted that groundwater is contaminated by high concentrations of
1,4-Dioxane, Bis(2-chloroisopropyl)ether, and Arsenic (and likely other contaminants), all coming
from the Filmont dump.

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29.

This contaminated groundwater is also flowing into the alluvial deposits associated

with the South Boundary Creek (and the original Davis Creek Channel) and flowing into the South
Boundary Creek and Davis Creek. Heavy deposits of orange waste sludges from UCC’s Filmont
Dump are being discharged to the adjacent streams by way of this contaminated groundwater
flowing from UCC’s Filmont hazardous waste dump. These sludges are contaminated with toxic
metals and metalloids, at least, and likely by other non-metallic contaminants.
30.

Groundwater carrying waste material is flowing from the UCC’s Filmont hazardous

waste dump onto and under Courtland property and into the South Boundary Creek (Courtland
property) and Davis Creek. See Exhibit 1, Figure 1 and 2.
31.

In addition to the solid sludge material and the liquid material associated with the

discharge referenced in paragraph 14, above, other dump material is present in Ward Branch. As
described above, in a location near the same discharge this material has either fallen into the creek
because of erosion, or was placed there to support the fence after the original material into which
the fence was placed eroded away, or both. See Photos #2 and #3.
32.

At the discharge referenced in paragraph 14, above, solid and liquid landfill

materials flow continuously through a discernable, confined, and discrete conveyance, which is
clearly a ditch, channel, tunnel, conduit, or discrete fissure, from which pollutants (including toxic
metals and metalloids) are discharged into Ward Branch, which flows into Davis Creek, a stream
that flows into the Kanawha River. This unmonitored and uncontrolled discharge does not now
have and never has had an NPDES Permit and is, therefore, a clear violation of the federal Clean
Water Act and the West Virginia Water Pollution Control Act and contributes to the degradation
of the Ward Branch and Davis Creek environment and most certainly has downstream impacts on

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water and sediments within the Kanawha River including the likely bioaccumulation of
contaminates within wildlife in the watershed.
33.

These contaminated waters and sediments make their way approximately 1/3 of a

mile to the Kanawha River, discharging immediately adjacent to a public boat ramp and fishing
area. The nature and extent of the contamination and the bioaccumulation of these contaminates
within the wildlife poses or may pose an imminent and substantial endangerment to human health
and the environment.
34.

The full nature and extent of the contamination from the UCC Filmont hazardous

waste dump described above has not been determined.
35.

In addition to the site visits and sampling described above, I have read “Union

Carbide Corporations Response to Courtland’s Requests for Admission to Union Carbide
Corporation, Set Three”, served in this matter on September 30, 2020. UCC states in its Response
to Admission Request Number 43 that “Past investigations have generally delineated the general
scope of activities but have not adequately defined and delineated the boundaries of the area of
historical landfill activities.” UCC further states in Response to Admission Request Number 44
that “….insofar as the exact boundaries of the former Filmont landfill have not been adequately
defined and delineated.” In all declarations I have made in the case as well as those made in the
companion case, numbered 2:18-cv-01230 (“the 2018 Case”), I have consistently and similarly
observed that UCC has not fully delineated the nature and extent of the contamination coming
from their various facilities at issue in this matter and in Courtland’s 2018 Case against UCC into
the environment and onto neighboring properties. UCC’s recent admissions that it has yet to
adequately characterize and delineate the aerial extent and boundaries of its Filmont Hazardous

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Waste Dump in its responses to Courtland Requests for Admissions in this case are entirely
consistent with the observations in my declarations.
36.

A Remedial Investigation/Feasibility Study (“RI/FS”) performed in full compliance

with the applicable requirements of the National Oil & Hazardous Substances Pollution
Contingency Plan, 40 C.F.R., Part 300 (“National Contingency Plan” or “NCP”) is necessary and
appropriate adequately to delineate: (1) the nature and extent of the toxic and hazardous substance
contamination impacting Human Health and the Environment as a result of the more than three (3)
decades of past, unpermitted discharges, and the continuing unpermitted discharges, of hazardous
wastes and hazardous substances at and from UCC’s Filmont hazardous waste open dump facility;
and (2) all the endangerment to public health and the environment that may be presented by those
discharges and releases.
37.

A Time-Sensitive Interim Removal Action performed in compliance with the

applicable requirements of the NCP must be implemented by UCC to: (i) eliminate the continuing
introduction of hazardous substances, hazardous waste, solid wastes, and pollutants into the
environment from UCC’s Filmont hazardous waste open dump facility (referenced by UCC as the
“Filmont Landfill”); and (ii) adequately to control the resulting human health and ecological risks
during the time necessary to properly develop a final Site Remedial Action Plan (“RAP”).

____________________________________
D. Scott Simonton, Ph.D, P.E.

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 Case 2:19-cv-00894 DocumentAPPENDIX
111 Filed A
10/05/20 Page 16 of 24 PageID #: 4931

D. Scott Simonton, PE, PhD
1091 Haines Branch Rd.
Sissonville, WV 25320
(304) 552-7488
e-mail:simonton@marshall.edu

EDUCATION:
Ph.D. in Engineering, Department of Civil Engineering, University of New Mexico, 2002
Concentrations: Environmental Engineering, Environmental Microbiology, Geochemistry
Dissertation:
Stability of Arsenic and Selenium Immobilized by In-Situ Microbial Reduction
Advisor:
Dr. Bruce Thomson
M.S. in Environmental Engineering, College of Information Technology and Engineering, Marshall
University, 1997
Concentration: Groundwater Hydrology, Water Quality
Project:
Design of a Compressor Station Wastewater Treatment System Incorporating Peat
Biofilters
Advisor:
Dr. William Kroesser
Graduate Study, College of Engineering, Idaho State University, 1994-1995
Concentration: Hazardous Waste Management
B.S. in Civil Engineering, College of Engineering, West Virginia Institute of Technology, 1991

ACADEMIC EXPERIENCE:
Marshall University, College of Information Technology and Engineering
Professor of Environmental Science, 2001 – present
Program Coordinator, MS Environmental Science, 2001 - present
Tenured faculty. Teach graduate level environmental science and engineering courses, advise graduate
Environmental Science and Environmental Engineering students, serve(d) on university committees and
Faculty Senate, conduct research, program development.
University of New Mexico, Department of Civil Engineering
Research Assistant/Doctoral Candidate, 1999-2001
Coursework and research emphasis on bioremediation, geochemistry and waste containment. Primary
research was in groundwater/soil bioremediation and long term stability of toxic metals and radionuclides;
conducted USDOE funded research to determine removal and stability of metals, metalloids and
radionuclides using in-situ biological processes in groundwater and engineered systems. Conducted
studies of acid-mine drainage generation and control.
PROFESSIONAL EXPERIENCE:
Ashby-Tucker Environmental, LLC
Principal Scientist, 2003 - present
Provide extensive professional consulting, design and litigation support to various concerns. Specialize in
environmental site and risk assessment, hydrology, environmental engineering design, and litigation
support/expert testimony for complex environmental cases.

 Case 2:19-cv-00894 Document 111 Filed 10/05/20 Page 17 of 24 PageID #: 4932

Fayette County WV Board of Health
Special Agent and Investigator, 2017 – Present
State of West Virginia, Environmental Quality Board
Member, Vice-Chairman, 2002 – 2017
The 5-member West Virginia Environmental Quality Board (EQB) is appointed by the Governor, with
Senate approval. Prior to 2005, the Board issued rules that set the water quality standards for West
Virginia's surface and ground waters. The Board also had the authority to grant a variance from these
water quality standards for re-mining activities. The second function of the EQB, and the only current
function, is to hear appeals regarding the issuance or denial of permits, permit conditions, or enforcement
actions rendered by the WV Department of Environmental Protection's Division of Water Resources and
Division of Waste Management.
Triad Engineering, Inc.
Senior Engineer, 2001-2002
Provided environmental consulting, field engineering, project management compliance and design services
to local, regional and national clients. Conducted site investigations and assessments, remedial design, and
risk assessment, especially those pertaining to state-led voluntary remediation programs.
Terradigm, Inc.
Project Engineer/Manager, 2000-2001
Provided environmental consulting and project management to federal government clients, particularly
DOE. Projects included the upgrades for the Radioactive Liquid Waste Treatment Facility at the Los Alamos
National Lab, and the review of the DOE Off-Site Source Recovery Program.
Fluor Daniel GTI/IT Corporation
Project Engineer/Manager, 1998-1999
Provided environmental consulting, compliance, field engineering, project management and design services
to national clients, including: risked based corrective actions and closures; pilot plant design, construction,
testing and operation; waste and material handling system development; wastewater treatment system
design and operation; pollution controls; site assessments; permitting and regulatory services. Additionally,
served as employers Registered Individual in Responsible Charge for West Virginia operations.
Earth Tech
Project Engineer/Manager, 1997-1998
Provided environmental consulting, compliance, project management and design services to industrial and
manufacturing clients, including: prepared bids and cost estimates; developed contracts; managed
personnel, equipment, and subcontractors; managed all budgetary aspects of projects; provided on-site
supervision; maintained existing client base as well as developed new ones. Additionally, provided
permitting and regulatory services; recommended and designed remediation systems; conducted site
assessments and UST closures.
Terradon Corporation/Potesta and Associates
Project Engineer/Manager, 1995-1997
Provided environmental consulting, compliance, project management and design services to municipal,
industrial and manufacturing clients, including: permitting and regulatory services with emphasis in
remediation, air and water pollution; recommended and designed wastewater treatment and collection
systems; recommended and designed soil and groundwater remediation systems; managed client
permitting and compliance; conducted training in sampling procedures and permit compliance; conducted
facility audits for discharge minimization/elimination; prepared pollution prevention plans, groundwater
protection plans, and stormwater management plans; wrote draft permits for state agencies.
Idaho Division of Environmental Quality
Southeast Idaho Regional Office, Remediation Section

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Leaking Underground Storage Tank Program Manager, 1993-1995
Primary responsibility was overseeing all aspects of the Regional LUST Program, including: site
assessment and identification of groundwater/soil contamination and sources; identification of responsible
parties; review and approval of site assessments, risk assessments and corrective action plans; provide
technical guidance on site assessment, risk assessment and remediation; review sampling data and
remediation effectiveness; review and approve site closure requests; initiation and oversight of Consent
Orders, Compliance Schedules, and Notices of Violation. In addition, I performed duties with the Regional
Emergency Response Team; provided assistance regarding risk assessment, groundwater, surface water,
and soil to other programs, including CERCLA and RCRA; responded to problems not specifically covered
by other programs.
Prevention/Certification Section
Water Quality Specialist, Drinking Water Program, 1993
Primary responsibility was providing oversight and guidance to drinking water systems for pollutant
monitoring; enforced monitoring regulations and tracked compliance; reviewed and approved monitoring
waiver applications. Additionally, provided comments to Federal agencies regarding 401/404 permit
applications and performed general water quality duties.
West Virginia Division of Environmental Protection
Office of Water Resources
Water Quality Engineer, 1992-1993
Primary duty was writing NPDES permits for industrial point source and stormwater discharges. These
duties included: application review; industrial process and pollutant source review; recommend, review and
approve treatment and disposal systems; conduct site inspections, field reviews, and sampling; perform
limited benthic and environmental impact surveys; conduct statistical evaluations and develop discharge
limitations; determine requirements for and approve BMP's, remediation, and site investigations; enforce
State and Federal laws and regulations.
SELECTED PROJECT EXPERIENCE
Project Engineer, Phosphorous Handling, Recovery and Wastewater Treatment Pilot Project,
Chemical Industry.
For large international chemical company served as on-site project engineer during planning,
design, testing, construction and operation of pilot project for recovery of elemental phosphorous
from waste sludges at a former elemental phosphorous facility in Tennessee. Was part of team
responsible for developing phosphorous recovery and wastewater treatment processes at the
pilot plant level for later use on a full scale plant. Responsible for design, testing and reporting of
sludge delivery and handling systems (screens, crushers, dredges, washers, etc.) and associated
air pollution control equipment, as well as directing work crews associated with equipment setup
and operations.
Risk Consultant, Voluntary Remediation Program, Former Petroleum Facility
For national consulting firm provided fate and transport, risk and site assessment consulting
during party characterization, remediation and risk assessment.
Risk Consultant, Voluntary Remediation Program, Former Glass Manufacturing Facility
For national consulting firm provided fate and transport, risk and site assessment consulting
during party characterization, remediation and risk assessment.
Risk Consultant, Voluntary Remediation Program, Former Railroad Facility
For national consulting firm provided fate and transport, risk and site assessment consulting
during party characterization, remediation and risk assessment.
Risk Consultant, Litigation Support, Mined/Disturbed Lands Flooding

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For local property owners conducted investigation regarding flood damage and causation.
Risk Consultant, Litigation Support, Former Industrial Waste Dump
For local property owner provided fate and transport, risk and site assessment consulting during
3rd party characterization and remediation.
Risk Consultant, Litigation Support, Former Mined Lands
For local property owner provided fate and transport, risk and site assessment consulting during
3rd party characterization and remediation.
Risk Consultant, Litigation Support, Former Mined Lands
For local property owner provided fate and transport, risk and site assessment consulting during
3rd party characterization and remediation.
Risk Consultant, Voluntary Remediation Program, Former Petroleum Bulk Facility
For local property owner (municipal sanitary board) provided fate and transport, risk and site
assessment consulting during 3rd party characterization, remediation and risk assessment.
Risk Assessor, Voluntary Remediation Program, Former Tannery
For local owner, conducted preliminary and final risk characterization and assessment.
Risk Assessor, Voluntary Remediation Program, Former Glass Manufacturer
For local government owner, conducted preliminary and final risk characterization and
assessment.
Risk Assessor, Voluntary Remediation Program, Petroleum Bulk Facility
For local owner, conducted preliminary and final risk characterization and assessment.
Project Manager, LRS, Voluntary Remediation Program, Natural Gas Extraction Plant
For major natural gas supplier, acted as Licensed Remediation Specialist at a site with
groundwater and soil contaminated by organic compounds that were impacting an adjacent
stream. In accordance with WV Voluntary Remediation Program, conducted site investigation
and characterization, evaluated fate and transport, developed the conceptual site model,
conducted preliminary risk characterization and assessment, and developed remedy evaluation,
selection and design.
Project Manager, Voluntary Remediation Program, Municipal Site Development
For a municipal government economic development project, acted as Project Manager for a site
in which organic compounds were encountered during construction. In accordance with WV
Voluntary Remediation Program, conducted site investigation and characterization, evaluated fate
and transport, developed the initial conceptual site model, and conducted preliminary risk
characterization and assessment.
Project Engineer, Voluntary Remediation Program, Resort Development
For a nationally recognized resort conducting multiple expansion projects, acted as Project
Engineer for a site that had organic and inorganic contamination in multiple areas. In accordance
with WV Voluntary Remediation Program, conducted site investigation and characterization,
evaluated fate and transport, developed the preliminary conceptual site model, and assisted with
preliminary risk characterization and assessment.
Project Engineer, Phase I Environmental Site Assessment, Printing Industry. For major
manufacturer of business forms conducted property transaction Phase I assessments of active
printing facilities in Ohio and Virginia, and prepared reports detailing concerns and findings.

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Project Engineer, Stormwater Manual, LDAR Program, Chemical Industry. For chemical blending
facility developed stormwater NPDES permit compliance manual, trained facility personnel on
stormwater compliance. For facility air pollution permit requirements, developed leak detection
and repair program.
Project Engineer, Construction and Operation Air Pollution Permit, Auto Industry. For major
automobile manufacturer, prepared air pollution control permit application for new engine and
drive train facility. Conducted reviews of similar facilities, reviewed emission information for over
300 planned emission points and sources, acted as liaison with regulatory agency, assisted with
negotiations of permit requirements.
Project Engineer, Regulatory Audit/Permitting, Materials Handling Industry. For multiple facilities of
company engaging in materials handling, sizing, packaging and shipping by truck, rail and barge
of coal and various ores. Conducted facility audits to determine permit and compliance
requirements, negotiated with regulatory agencies in Ohio and West Virginia, and prepared air
and water permit applications and compliance plans. Prepared Groundwater Protection Plan for
WV facility.
Project Engineer, Title V Air Permits, Furniture, Mining, Coating. Prepared Title V permit applications
for several facilities, including a furniture manufacturer, a limestone crushing/screening operation,
and a can coating facility.
Project Manager, Contaminated Soil Removal, Railroad. Prepared bid and managed demolition, soil
excavation, removal and backfill project of petroleum contaminated soil for major railroad facility
in Indiana. Worked closely with local subcontractors and regulators to successfully complete
project quickly and below client cost estimates.
Project Manager, Phase I Environmental Site Assessment, Poultry Industry. Completed
environmental site assessment for major agro business client of operating poultry processing
facility with several satellite facilities in Moorefield, WV.
Project Engineer, Industrial Sludge Land Application Plan, Poultry Industry. Completed plan and
obtained regulatory approval for land application of industrial wastewater treatment sludge from a
poultry processing facility in Moorefield, WV. Developed application rates, crop types and
rotation schedule over 138 acre site. Obtained regulatory approval during period of close public
scrutiny of poultry industry in watershed.
Project Engineer, Sludge Holding Basin Design, Regulatory Approval, Municipal. For City of
Charleston, WV, assisted with the development of sludge handling plan that allowed the City to
temporarily store wastewater treatment sludges during construction of a new sludge composting
facility, saving the city landfilling costs over an 18 month period. Assisted with regulatory
negotiations and basin siting and design.
Project Engineer, Landfill Construction. Provided construction oversight and quality control for landfill
cap repair, storm sewer and toe drain replacement. Worked closely with construction manager
and owner to insure specifications and goals were met.
Project Engineer, Landfill Leachate Disposal, Municipal Landfill. Over two year period conducted
leachate investigations, prepared permit applications, negotiated with municipalities and
regulatory agencies for leachate acceptance, conducted investigations and negotiated for
innovative permitting strategies, including real-time water quality limits, conducted receiving
stream investigations, prepared pre-treatment investigations and system design, assisted in
preparation of legal documents to allow for the discharge of landfill leachate to a public

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wastewater collection system and wastewater treatment plant.
Engineer, Leachate Treatment System, Municipal Landfill. Developed preliminary design for municipal
landfill leachate treatment system for direct discharge to low-flow stream. Designed pilot
treatment system for metals removal.
Project Engineer, Leachate Treatment System, Municipal Landfill. Investigated compliance violations
of constructed wetlands landfill leachate treatment system, provided preliminary design for
system upgrades including aeration and recirculating sand filters, represented municipality in
public meetings and negotiated with regulatory agencies.
Project Engineer, Facility Wastewater Audits, Natural Gas. For major natural gas transmission
company conducted multiple facility audits in three states of process wastewater discharges.
Developed treatment and permitting strategies as well as flow minimization and elimination
designs to reduce or eliminate treatment, disposal and compliance costs.
Project Manager, Corporate NPDES Permitting, Natural Gas. For major natural gas transmission
company managed and conducted NPDES permitting services for facilities in eight states.
Conducted facility reviews, prepared applications, negotiated with regulatory agencies, insured
compliance, prepared facility specific compliance manuals and trained facility personnel.
Developed database system to track NPDES compliance of over 300 facilities.
Project Engineer, Wastewater Treatment System Design, Natural Gas. For major natural gas
transmission company designed replacement for sanitary treatment system that was not
maintaining permit compliance. Designed system that eliminated direct discharge by modifying
existing plant through the addition of biofilters and a subsurface disposal system, eliminating
permit and monitoring requirements.
Project Engineer, NPDES Permitting, Treatment System Design, Barge Cleaning. For a chemical
and petroleum barge cleaning operation designed parts of the wastewater treatment system,
prepared Groundwater Protection Plan, prepared permit application, and prepared draft NPDES
permit for the regulatory agency. This significantly decreased the time for permit issuance by
reducing much of the permit engineers work.
Project Engineer, Benthic Survey, Coal Mining. Conducted watershed benthic survey for state
abandoned mine lands regulators. Determined sampling sites, conducted sampling of benthic
population, analyzed stream and habitat characteristics.
Project Engineer, NPDES Coal Permit, Coal Mining. For a new coal preparation plant prepared the
NPDES portion of the coal permit application, assisted with design of stormwater retention
basins.
Project Engineer, Pre-Treatment Permit, GPP, Coating Industry. For can coating facility, prepared
pretreatment application for wastewater discharge to municipal system, prepared modification
application for municipality, developed Groundwater Protection Plan, negotiated with municipality
and State regulators.

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MILITARY EXPERIENCE
West Virginia Army National Guard
Detachment 1, Troop A, 1/150 Armored Cavalry
Detachment Commander, 1992-1993
Company D, 1/150 Armored Cavalry
Executive Officer, 1991-1992
Platoon Leader, 1986-1991
United States Marine Corps
Weapons Company, 3rd Battalion, 2nd Marines
Infantryman, Squad Leader, Training NCO, 1982-1986

PUBLICATIONS, PRESENTATIONS
Surber, S.J. and Simonton, D.S. Disparate impacts of coal mining and reclamation concerns for West
Virginia and central Appalachia; Resources Policy, Volume 54, December 2017, Pages 1-8
Eckstein, Y. and Simonton, D., Coal Mining Waste as a Source of Heavy Metals in Surface- and
Groundwater; Presentation and Abstract, The Geological Society of America Annual Conference, November
2015
Simonton, D. and Eckstein, Y. Mining Impacted Groundwater as a Source of Hydrogen Sulfide Gas in
Homes; Presentation and Abstract, The Geological Society of America Annual Conference, November 2015
Wait, I.W. and Simonton, D.S.: Calibration of Time of Concentration Models for Steep, Rural Watersheds,
Presentation and proceedings of EWRI Congress, May 2015
Huffman, D.R.; Surber, S.J.; Simonton, D.S.: Economic Sustainability Concerns for the Public Arising from
Large Scale Surface Mining, Presentation and proceedings of NAEP Conference, April 2015
Proceedings and Presentation, World Environmental & Water Resources Congress; Hydrogen
Sulfide Exposure and Human-Health Risk in Mining-Impacted Regions; Portland, OR, June 2014
Simonton, D.S.; King S.; Hydrogen Sulfide Formation and Potential Health Consequences in Coal
Mining Regions; Water Quality, Exposure and Health, March 2013
Presentation, Appalachian Studies Association, Coal Mining Waste Disposal Practices and Human Health
Risk: A Case Study; Boone, NC March 2013
Presentation, Environmental Health 2013: Science and Policy to Protect Future Generations (Elsevier);
Hydrogen sulfide gas exposure in Appalachian coal-field communities; Boston, MA March 2013
Simonton, D.S.; Report: An Alternative for Solid Waste Management in Developing Countries;
Proceedings of the Global Waste Management Symposium, November 2008
Simonton, D.S., Spears, M.; Human Health Effects from Exposure to Low-Level Concentrations of
Hydrogen Sulfide; Occupational Hazards, October 2007
Presentation, Air and Waste Management Association Seminar: 2005 Issues in Environmental Risk

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Assessment and Toxicology; Designing the Site Characterization to Meet Risk Assessment Objectives,
Charleston, WV, September, 2005
Presentation, Air and Waste Management Association Seminar: 2004 Issues in Environmental Risk
Assessment and Toxicology; Risk Assessment and Toxicology in the Development of Water Quality
Standards, Manhattan, KS, September, 2004
Simonton, S., Thomson, B., Barton, L.L. and Dimsha, M., Long Term Stability of Metals Immobilized by Insitu Bioremediation Processes. Proceedings of the 2000 Conference on Hazardous Waste Research, Great
Plains/Rocky Mountain Hazardous Waste Research Center, Denver, CO, February 2001
B. Thomson, D. Simonton, L. Barton, Stability of Arsenic and Selenium Immobilized by In Situ Microbial
Reduction, Proceedings of the 2001 Conference on Hazardous Waste Research, Great Plains/Rocky
Mountain Hazardous Waste Research Center, February 2002

COURSES TAUGHT, MARSHALL UNIVERSITY (with latest semester in which taught)
ES 550
ES 674
ES 620
ES 582
ES 582
ES 585
ES 602
ES 603
ES 604
ES 610
ES 614
ES 626
ES 630
ES 640
ES 646
ES 650
ES 652
ES 655
ES 662
ES 651
ES 646
ES 665
IST 423
ENVE 617
ENVE 650
ENVE 681
ENVE 625
ENVE 650
ENVE 670
ENVE 682
ENVE 683

Environmental Law and Policy
Epidemiological Health Research Techniques
Environmental Management Systems
SpTp: Sustainable Energy Systems
SpTp: Energy and the Environment
Introduction to Environmental Science
A Study of the WV Environment
Seminar in Current Environmental Issues
Air Pollution
Environmental Sampling
Environmental Risk Assessment
Remote Sensing and Map Use
Environmental Site Assessment
Groundwater Principles
Dynamics of Ecosystems
SpTp: Sustainability
SpTp: Mining and the Environment
Environmental Ethics
Environmental Policy
Environmental Microbiology
Dynamics of Ecosystems
Water Resources Management
Applied Statistics
Physiochemical Treatment of Water and Wastewater
Air Pollution Control
Environmental Engineering Design
Hazardous Waste Management
Energy and the Environment
Hydrology and Sedimentolgy
Environmental Remediation Technologies
Environmental Geotechnology

Sp20
F19
S19
Sp11
F18
Sp15
Sp20
F17
F15
F19
Sp19
F07
Sp18
Sp20
Sp03
F14
F11
F19
F14
F09
Sp03
F11
Sp02
Sp08
Sp04
Sp13
F07
F08
Sp04
F05
Sp07

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GRADUATE SUPERVISION
To date I have supervised over 100 graduate projects/theses.
PROFESSIONAL ASSOCIATIONS
American Society of Civil Engineers
American Society of Safety Engineers
Association of Environmental and Engineering Geologists
CERTIFICATIONS
Registered Professional Engineer (Environmental), WV, MS, KY (Active); NM, TN (Inactive)
ADDITIONAL EDUCATION, NONPROFESSIONAL ASSOCIATIONS, VOLUNTEER
-Marshall University 2019-2020 John and Frances Rucker Outstanding Graduate Advisor Award
-FAA Certified Private Pilot, Instrument Rated
-Volunteer Pilot, Southwings 2009-Pres
-Solar Electric Systems and Grid-direct Design, 8/10
-OSHA 1910.120 40 Hour HAZWOPER, 5/94; 8 Hour Refresher Annually
-OSHA 1910.120 8 Hour HAZWOPER Supervisor 10/98;
-OSHA Lead in Construction Awareness Training, 1/98
-ASTM Risk Based Corrective Action Courses, 2/95, 3/95
-U.S. Army Nuclear, Biological, Chemical Defense Course, 3/93
-USEPA NPDES Permit Writers Course, 1/93
-U.S. Army Armor Officer Basic Course, 8-12/89
-AOPA
-EAA