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w <br /> f <br /> 1 - <br /> Page 4 . , <br /> COUNSEL: the system that was there, , renew it, in the course of doing- <br /> this Mr. Hinnian had instructed the contractor to . dick down <br /> because- he wanted to know what kind of soil was down below <br /> A the sludge and why the system was malfunctioning. She in- <br /> dicated to. me that when the duck down they encountered some <br /> impervious soil types , clay type soils, sugar sand, so called, <br /> which is fine sand which when it becomes wet it becomes <br /> extremely densely packed. The water perculates very slowly <br /> through it. They encountered these types of' things so that <br /> Mr, Hinm an instructed the contractor to remove them and <br /> this occassioned , a delay. . Now this is what bonnie told me . <br /> I don' t know whether equipment has been- up there steadily <br /> working over the past three weeks or not. " <br /> H i. THOMAS-: "No it has not. " <br /> TOWN OU EL: "Okay, I am just repeating to you, I submit, a very accurate <br /> summation of what Nonnie told me . So nay next question to her. <br /> was ; well, Donnie, when are we going to be in a position to <br /> afford some relief to this person? She told me- Monday , ay- <br /> be Friday, very- probably Monday they would be male to -partial- <br /> ly get this thine working so at Least one load could be taken. <br /> Mrs .. Anderson also ,indicated to me that, ' in response to a <br /> question that I had put to her, that she did not' know if any <br /> supervision had been exercised over the construction of this <br /> facility three gears ago, when it was built. That' was in <br /> response to my question'.-.to her, as to why does this condition <br /> exist' . I thought we had to do borings , determine soil types . <br /> She said she thought they were-- done also . I said did you <br /> supervise it She said no. I said did .the engineer super- <br /> vise it, because I distinctively remember this was a Holmes <br /> and McGrath project, they drew up the plans . I had to lend <br /> some assistance to the Board of Health, getting the plan <br /> through DEE for its approval.. I know that Holmes and McGrath <br /> designed that, system', My memory fails me -as to whether or not <br /> Holmes and McGrath were also retained -to be a supervising en . <br /> cineer for the construction of it, I know we laid we paid <br /> them to design the system. I -don't know if we paid them to <br /> supervise it. I can't remember that. I asked Nonn-ie. She <br /> couldn't remember that either. She told me that she didn't <br /> supervise it. 'So she doesn' t know -if anybody supervised it. <br /> So, okay, 'so than mfr next- question was ,. who build the system? <br /> The reason I asked that question was I was prepaired to suggest <br /> to the court that we sue- whoever build the system, and she <br /> informed me that Gilpam Construction build i t. W611 , Gilpam <br /> Construction was a firm that was owned by one Wayne Gilmore , <br /> who was killed in a car accident approximately one year age . <br /> His corporation is out ' of business . . So we have a problem there * <br /> We have no recourse back to the original cntrator that put <br /> that system in. Also indicated to nye by Nonnie , that when <br /> they clue it out that some of the pipes were broken, that were <br /> in the lagoon, indic ting perhaps that they had been broken <br /> during the construction. . Although, I asked her if she had <br /> reason to .believe that, that was so. She indicated to me that <br /> she felt that perhaps- they were broken during construction, <br /> but she couldn' t really answer yes or no that they had been <br /> broken during the construction as opposed -to just breaking <br />