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HomeMy WebLinkAbout82-09 RESOLUTIONRESOLUTION NO. 82-09 A RESOLUTION APPROVING THE DOUBLE EAGLE SUPERFUND SITE SMALL PARTY SETTLEMENT AGREEMENT WITH THE UNION PACIFIC RAILROAD IN THE AMOUNT OF $27,500.00; AND APPROVING A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves the Double Eagle Superfimd Site Small Party Settlement Agreement with the Union Pacific Railroad in the amount of $27,500.00. A copy of the Agreement, marked Exhibit A, is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a Budget Adjustment in the amount of $27,500.00. PASSED and APPROVED this 16th day of April, 2009. APPROVED. ATTEST: By Oh.ff v -O By: LI 1 ELD JO J'• N, Mayor 01:7,11214141/4. ���, "\ zZ••G\SY Oc ••(/' SG P/' .F; :• • •?3: ;FAY ETT EVILLE-• 'VP x9:QKANSP•\) HGTON C;o" anima SONDRA E. SMITH, City Clerk/Treasurer DOUBLE EAGLE SUPERFUND SITE SMALL PARTY SETTLEMENT AGREEMENT This Small Party Settlement Agreement (hereinafter "Agreement") is made and entered into by and between Union Pacific Railroad Company and City of Fayetteville (hereinafter "Small Party Generator"), as more fully described in the Definitions section below. The purpose of this Agreement is to provide the Small Party Generator with an opportunity to resolve all claims for Covered Costs (as defined below) in connection with the Double Eagle Superfund Site. This Agreement shall, for all purposes, be deemed to be fully executed on the latest dates of execution of this Agreement (hereinafter the "Effective Date"). 1. DEFINITIONS 1.1 "Union Pacific" means Union Pacific Railroad Company and each of its predecessors, successors, parents, subsidiaries, divisions, affiliates, assigns, directors, officers, and shareholders. 1.2 "Small Party Generator" means City of Fayetteville. 1.3 "Parties" means Union Pacific and Small Party Generator. 1.4 "Double Eagle Site" or the "Site" means the Double Eagle Refinery Superfund Site located at 1900 NE First Street in Oklahoma City, Oklahoma County, Oklahoma. The Site covers approximately 12 acres of land near the intersection of Martin Luther King and Reno Street in Oklahoma City, along with any areas where contamination released from the facility has come to be located. The Site is bounded by railroad tracks on the north, Martin Luther King Boulevard on the east, a wooded area on the west, and a truck stop on the south. 1.5 "Double Eagle Litigation" means the lawsuit styled "The United States of America and the State of Oklahoma v. Union Pacific Railroad," C.A. No. 5:06 -CV -00887-C, in the United States District Court for the Western District of Oklahoma. 1.6 "Natural Resource Damages" means damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury to, destruction of, or loss of natural resources resulting from releases at the Site. 1.7 "Response Costs" means all costs of "response" as that term is defined by Section 101(25) of CERCLA, 42 U.S.C. § 9601(25), including direct and indirect costs, interest, and Natural Resource Damages. 1.8 "State Response Costs" shall mean all costs for removal, remediation, or monitoring, including but not limited to direct and indirect costs, together with accrued interest incurred by the State of Oklahoma, including but not limited to the Oklahoma Department of Environmental Quality ("ODEQ") and any successor agencies, or instrumentalities of the same. 1.9 "Covered Costs" means any and all past, present and future claims, liabilities, contribution, or demands related to the Double Eagle Site falling within the definition of Response Costs and State Response Costs. 50164337.1 1.10 "Not Covered Costs" means claims related to the Double Eagle Site for the following: (a) any tort claims, including claims for personal injury or property damage claims (including without limitation diminution of value of property) (b) claims for breach or non- performance of this Agreement; (c) criminal liability; or (d) any other matters that do not fall specifically within the definition of Covered Costs. 2. BACKGROUND 2.1 From approximately 1929 to 1988, Double Eagle Refining Company operated a waste oil re -refining facility on the Double Eagle Site. Waste oil was brought to the Double Eagle Site by independent haulers and Waste Oil Service Company, an affiliate of Double Eagle Refining Company. 2.2 The United States Environmental Protection Agency ("EPA") added the Double Eagle Site to the National Priorities List of contaminated sites in 1989. EPA began a remedial investigation of the Double Eagle Site in 1990 and completed a Remedial Investigation/Feasibility Study ("RI/FS") for surface waters in 1992. In 1992, EPA issued a Record of Decision ("ROD") for the Double Eagle Site, which stated EPA's determination that the Site presented imminent and substantial endangerment to public health, welfare, or the environment. EPA completed an RI/FS for groundwater in 1993 and issued a second ROD in 1994. EPA and the ODEQ then conducted several remedial actions at the Double Eagle Site, completing the groundwater remediation in 1996 and the surface remediation in 1999. The United States and the State of Oklahoma have expended over $30 million in Response Costs and State Response Costs in connection with the Site. 2.3 On August 22, 2006, the United States and the State of Oklahoma filed a cost recovery action under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9607, and Title 27A O.S. §§ 1-2- 101, 1-3-101, and 2-3-101 against Union Pacific in the United States District Court for the Western District of Oklahoma (C.A. No. 5:06 -CV -00887-C) ("Double Eagle Litigation"). The plaintiffs allege that Union Pacific is liable under CERCLA § 107(a) as a former owner of the Double Eagle Site and as an arranger. Union Pacific is the only defendant in the Double Eagle Litigation, although Union Pacific has brought in additional potentially responsible parties ("PRPs") as third party defendants in the lawsuit. 2.4 This Agreement provides an opportunity for Small Party Generator, an entity that has also been identified as a PRP in the Site, to fully resolve its liability to Union Pacific for Covered Costs and avoid prolonged and complicated litigation. 2.5 Small Party Generator, by executing the certification on the signature page attached hereto, certifies that after conducting an investigation regarding its shipments to the Double Eagle Site or shipments transported by Waste Oil Service Company, it has not transported or arranged for the transportation of more than 10,000 gallons of waste oil and/or any other hazardous substances to the Site. Small Party Generator's volume for this Site has been calculated to be 3,930 gallons. 50164337.1 3. OBLIGATIONS OF THE PARTIES 3.1 Covered Matters Provided that Small Party Generator executes this Agreement and timely complies with the payment obligation set forth herein, such Small Party Generator will be released from all Covered Costs. 3.2 Not Covered Matters This Agreement does not provide a release, indemnity, or covenant not to sue for any Not Covered Costs. 3.3 Mutual Release and Indemnity In exchange for the Small Party Generator Settlement Payment described below, the receipt and sufficiency of which is hereby acknowledged, Union Pacific by this Agreement does hereby release, acquit, and forever discharge, and indemnify and hold harmless Small Party Generator from any and all Covered Costs, effective upon Union Pacific's receipt of the entire Small Party Generator Settlement Payment described in Section 3.7 herein. In exchange for this consideration, Small Party Generator does hereby release, acquit, and forever discharge Union Pacific from any and all Covered Costs. 3.4 Covenant Not to Sue Union Pacific and Small Party Generator agree and covenant not to sue or prosecute any claims or causes of action (including claims for contribution under CERCLA) that they may have for all matters falling within the definition of Covered Costs against each other at any time hereafter, with the exception of a suit to enforce the terms of this Agreement, or the payment set forth in Section 3.7 herein. 3.5 Waiver of Claims Small Party Generator agrees not to assert any claims or causes of action (including claims for contribution under CERCLA) that they may have for all matters falling within the definition of Covered Costs against any other person who is a PRP under CERCLA at this Site. This waiver shall not apply with respect to any defense, claim, or cause of action that Small Party Generator may have against any person if such person asserts or has asserted a claim or cause of action relating to the Site against Small Party Generator. 3.6 No Admission The Parties acknowledge and agree that this Agreement is intended to compromise, settle, and resolve disputed claims for the purpose of avoiding the expense and uncertainty of litigation. The Parties do not admit liability of any kind, including without limitation any liability to each other or any other person or entity or to any federal, state or local agency or any other third party under federal, state or local laws, rules or regulations. Neither this Agreement nor any of its terms, covenants, or condition shall be offered or received in evidence in any proceedings or 50164337.1 utilized in any matter whatsoever as an admission of any wrongdoing or liability on the part of any Party or Parties; provided, however, that nothing in this Paragraph is intended or should be construed to bar the enforcement of any term or condition of this Agreement by a Party against the other, or to prevent this Agreement from being used, offered or received in evidence in a proceeding to enforce or effectuate this settlement. 3.7 Small Party Generator Settlement Payment In consideration for the mutual release, indemnity, and covenants provided for herein, Small Party Generator will pay Union Pacific $27,500.00 (hereinafter "Small Party Generator Settlement Payment") within thirty (30) days of the Effective Date. Payment shall be made by cashier's or certified check (or wire transfer) to "Union Pacific Railroad Company" at the following address: Double Eagle Settlement Fund c/o Ms Janie Olivares Fulbright & Jaworski L.L.P. 1301 McKinney, Suite 5100 Houston, TX 77010-3095 Phone: (713) 651-5501 Fax: (713) 651-5246 4. CONFIDENTIALITY The Parties agree to maintain as confidential the terms of this Agreement; provided, however, Union Pacific may disclose to the United States, the State of Oklahoma and any other parties to the Double Eagle Litigation the names of any Small Party Generator who signs this Agreement. This Agreement shall not be admissible in any proceeding or action, except as may be necessary to interpret or enforce the terms of this Agreement. The Parties also agree that this Agreement, and, except as otherwise set forth in this paragraph, the terms and conditions herein, are confidential and shall not be disclosed unless disclosure is otherwise mandated by law or court order or except as may be necessary to secure insurance coverage or other contractual indemnities, or for tax and/or accounting purposes. If disclosure is required or necessary, the party seeking to disclose shall give reasonable and advance notice (so as to provide at least five (5) business days' notice) to all other Parties so as to allow the other Parties an opportunity to enforce this non -disclosure provision in the appropriate form. 5. WARRANTIES Union Pacific and Small Party Generator represent and warrant that: 5.1 This Agreement is executed with the Parties' full knowledge and understanding of its terms and meaning and on advice of their attorneys. 5.2 The Parties' representatives are of legal age and are legally competent to execute this Agreement and they do so of their own free will and accord without reliance on any representation of any kind or character not expressly set forth in this Agreement. 50164337,1 -4 6. MISCELLANEOUS 6.1 Attorneys' Fees and Costs Each Party shall bear all attorneys' fees and costs arising from the actions of its own counsel or consultants in connection with this Agreement and all matters or documents referred to herein. 6.2 Severability If any provision of this Agreement is held to be unenforceable for any reason, it shall be adjusted rather than voided in order to achieve the intent of the Parties to this Agreement to the extent possible. In any event, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remainder of this Agreement. The Parties expressly agree that the terms and provisions of this Agreement are contractual in nature and not merely recitals. 6.3 Entire Agreement This Agreement shall constitute the entire agreement among the Parties with respect to the subject of this Agreement and shall supersede and replace any previous agreements and understandings between the Parties, whether written or oral, with respect to the subject matter or this Agreement. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 6.4 Amendments The provisions of this Agreement may not be changed, discharged, terminated, altered or waived orally, but only by an instrument in writing signed by the Parties hereto. 6.5 No Third Party Beneficiaries It is expressly understood and agreed that this Agreement and the settlement are solely for the benefit of the Parties hereto, and that nothing in this Agreement or the settlement is intended or shall be construed to provide any rights or defenses to any other party. 6.6 Governing Law This Agreement is to be governed and construed in accordance with the laws of the State of Texas, without regard to its laws applicable to choice of law. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year respectively set forth below. [signature blocks on following pages] 50164337.1 UNION PACIFIC RAILROAD COMPANY By: Print Name. Title: Date: STATE OF TEXAS § COUNTY OF § Before me, the undersigned authority, on this day personally appeared , who known to me to be the person whose name is signed to the foregoing instrument, who acknowledged to me that he/she executed this instrument for the purposes and consideration expressed therein. GIVEN under my hand and seal of office, this SEAL• 50164337.1 day of 2009. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS NOTARY'S PRINTED NAME -6- SETTING SMALL PARTY GENERATOR SIGNATURE PAGE TO DOUBLE EAGLE SITE SMALL PARTY SETTLEMENT AGREEMENT The Small Party Generator identified below accepts and agrees to the foregoing Double Eagle Superfund Site Small Party Settlement Agreement. Pursuant to Section 2.5 of the Agreement, the Small Party Generator identified below certifies that it has conducted an investigation regarding its shipments to the Double Eagle Superfund Site and its use of Waste Oil Service Company, and the volume set forth in Section 2.5 is accurate. If, for any reason, the representations made in this certification are not accurate or become inaccurate as a result of newly discovered information that results in a change in volume of more than fifteen (15) percent, the Small Party Generator shall promptly provide the corrected information to Union Pacific Railroad Company. If the foregoing occurs, Union Pacific Railroad Company shall have the right to rescind this Agreement with respect to the Small Party Generator upon written notice and return any monies paid by the Small Party Generator. SMALL PARTY GENERATOR: City of Fayepeville B Print Name: Lio STATE OF ARKANSAS COUNTY OF WASHINGTON § Title: Mayor Date: /adA Before me, the undersigned authority, on this day personally appeared Lioneld Jordan , who known to me to be the person whose name is signed to the foregoing instrument, who acknowledged to me that he/she executed this instrument for the purposes and consideration expressed therein. GIVEN under my hand and seal of office, this 20th day of April 2009. 50164337.1 NOTARY PUBLIC IN AND FOR THE STATE OF Arkansas Clarice Buffalohead-Pearman NOTARY'S PRINTED NAME Correspondence Correspondence Correspondence Correspondence Correspondence O t1 Xi Cameron Kerran's Response to EPA's 104(e) Request Double Eagle's Response to EPA's 104(e) Requests Ltr from James Charles to Dr. R. Leroy Carpenter Ltr from Cameron Kerran to Preston Carter (2) Ltr from Cameron Kerran to Preston Carter (1) FILE LABEL 30 -Nov -1989 21 -Nov -1989 12 -Feb -1976 VD p CD n G (f N 7 tity Cameron Kerran's Response to EPA's 104(e) Information Request Double Eagle Refining Company's Response to EPA's 104(e) Information Request Letter to Dr. R. Leroy Carpenter of Environmental Health Services re: Waste Oil Facts from James Charles, Double Eagle Refining Company Letter to Preston Carter of the City and County Health Department from Cameron Kerran, Double Eagle Refining Company Letter to Preston Carter of the City and County Health Department from Cameron Kerran, Double Eagle Refining Company 03r tri Cameron Kerran provides information about the Double Eagle Site operations to EPA. Double Eagle Refining Company provides information about the Double Eagle Site operations to EPA. Requests a variance from the Oklahoma State Department of Health for waste oil sludge disposal. Details estimated quantities of waste oil processed at the Double Eagle Site, 'roduction of waste sludge on-site, and the relationship between the Hardage Site and the Double Eagle Site. Details estimated quantities of waste oil processed at the Double Eagle Site and production of waste sludge on-site. cn G1 �? of 0 0-1 7 COD 8 A N Depositions 0 0 0 0 N O 0 C Z C) CD Correspondence Correspondence Correspondence FOLDER Depo of Cameron Kerran (Hardage Litigation 1) Settco's Responses to EPA's 104(e) Request Double Eagle's Additional Responses to EPA's 104(e) Request Double Eagle's Response to EPA's 2nd 104(e) Request Waste Oil Service Co.'s Response to EPA's 104(e) Request FILE LABEL N y 1.611 1/40 W J N A IC.) N 20 1 NO W 19 -Apr -1990 N sv o a til Hardage Deposition of Cameron Kerran Settco, Inc.'s Response to EPA's 104(e) Information Request (adopted .y Double Eagle Refining Company, Cameron Kerran, Waste Oil Service Company, and Michael Kerran) Double Eagle Refining Company's responses to the EPA's 104(e) Information Request Double Eagle Refining Company's Response to EPA's Second 104(e) Information Request Waste Oil Service Company's Response to EPA's 104(e) Information Request r Cameron Kerran provided testimony in the litigation surrounding the Hardage Criner Superfund Site (which was used .y Double Eagle Refining Company for off-site disposal of its waste). The Kerran entities (Settco, Inc., Double Eagle Refining Company, Cameron Kerran, Waste Oil Service Company, and Michael Kerran) jointly respond to questions posed by EPA relating to the Double Eagle Site. Double Eagle Refining Company provides additional information about the Double Eagle Site operations to EPA. Double Eagle Refining Company provides additional information about the Double Eagle Site operations to EPA. Waste Oil Service Company provides information about its pickup and transport of waste oil to the Double Eagle Site. SIGNIFICANCE w 0 co o o -21 OS... .:;. o 0 0 c0 rilM w k) N zCIO IV 00 O� O 00 • EPA Costs Depositions Depositions Depositions Depositions Depositions EPA cost summary' of interest accrued through June 2006', Depo of Cameron Kerran (Double Eagle Litigation 2) Depo of James Charles Depo of Michael Kerran Depo of Cameron Kerran (Double Eagle Litigation 1) Swom Statements of Cameron and Michael Kerran Depo of Cameron Kerran (Hardage Litigation 2) FILE LABELI' 4 -Oct -2007 12 -Sep -2007 5 -Mar -1993 Certified by Financial Management Office Interest Cost Summary Double Eagle Refinery Oklahoma City, OK Site ID = 06 B1 Interest Accrued Beginning 09/26/1989 through 06/30/2006 Continuation of Deposition of Cameron Kerran Deposition of James "Jim" Charles Deposition of Michael Kerran Deposition of Cameron Kerran (Double Eagle Litigation) Sworn Statements of Cameron and Michael Kerran Hardage Deposition of Cameron Kerran y, r rrl EPA's cost summary detailing interest that has accrued on Double Eagle Site for response costs (through June of 2006). Deposition taken during the current litigation. Deposition taken during the current litigation. Deposition taken during the current litigation. Deposition taken during the current litigation. Prior to the initiation of the current litigation, Cameron and Michael Kerran provided sworn testimony regarding Double Eagle Site operations to EPA. Cameron Ken -an provided testimony in the litigation surrounding the Hardage Criner Superfund Site (which was used .y Double Eagle Refining Company for off-site disposal of its wastes). SIGNIFICANCE a Pleadings EPA Reports EPA Reports EPA Reports EPA Reports EPA Costs FOLDER Active Complaint Second Five -Year Report First Five -Year Report ROD for groundwater operable unit ROD for soil operable unit EPA cost summaryi through June 2007 FILE LABEL 29 -Oct -2007 N a O J N o".j 0N 19 -Apr -1994 N LO N w o 0 J m Union Pacific Railroad Company's Fourth Amended Third Party Complaint Second Combined Five -Year Review Report for the Double Eagle and Fourth Street Refinery Sites, Oklahoma City, Oklahoma First Combined Five - Year Review Report for the Double Eagle and Fourth Street Refinery Sites Oklahoma City, Oklahoma County, Oklahoma EPA Record of Decision, Double Eagle Refinery Site Groundwater Operable Unit Oklahoma City, Oklahoma EPA Record of Decision, Double Eagle Refinery Site Oklahoma City, Oklahoma Double Eagle OK Site 06-B 1 Summary of All Packages EPA ATSDR and Oklahoma Department of Environmental Quality (ODEQ) Inception through 06/30/2007 TITLE The active third -party complaint in the Double Eagle Litigation. Summary report prepared by EPA to detail Double Eagle Site response actions and status. Summary report prepared by EPA to detail Double Eagle Site response actions and status. EPA issued this Record of Decision to address the groundwater operable unit at the Double Eagle Site. EPA issued this Record of Decision to address the soil operable unit at the Double Eagle Site. EPA's cost summary detailing Double Eagle Site response costs (does not include interest) (through June of 2007). SIGNIFICANCE A A N CM Settlements Pleadings Pleadings Pleadings FOLDER Administrative Order on Consent Active Scheduling Order Active Response of Union Pacific no O ti, B cm. E w FILE LABEL ao OO In fU N O O '0 N '1"1 co C N co N n O J y tit Administrative Order on Consent Scheduling Order Union Pacific Railroad Company's Second Amended Answer and Counterclaim Complaint (Exhibit 1 to Union Pacific's Fourth Amended Third Party Complaint) TITLE Provides background information about the site and parties which have previously settled with the Environmental Protection Agency. The active scheduling order setting forth deadlines in the litigation. Union Pacific's active responsive pleading to the United States and State of Oklahoma's claims. The original complaint filed by the United States and the State of Oklahoma against Union Pacific. r n z n 2 n X When Applies New Change Other ORIGINAL INVOICE WASTE OIL SERVICE CO. 301 N. RHODE ISLAND' P.O. BOX 11257 OKLAHOMA CITY. OKLAHOMA 73136 (AC 405) 232-4825 / TWX 910-831-3120 Mailing Information: ll fft 11�v/ci v Tgy z T£vic U 't_ Phone k: AC Sar ! - S°A 1. ''1706 Pickup Information: Date Picked Up Customer P.O. N . Invoice Number 2426 Phone 0' AC Account No. Customer P.O. N . Driver # Route 8 SIale4 Cash T Charge I79 X 66 SSc oy N• ecaved paha m No. Desc lotion Pry Amount 5-G 6 005 - 053 00 00 GAL. - WASTE OIL - PICK UP SERVICE /3-V / a_ COMMENTS: Paid Check II Amount $ Sub -Total Tax TOTAL Paid Lash - Amount$ //o, Dryers Signature / ./.. Customer 'latur i�/�'t CONDITIONS OF SALE I. TM Gewab accept by Ne signature AID w siote pekoe by Waste 01 Sent. Company is la the cceOima recyclable used •JmbYve aaNcase SOW oils, bamnvim Us. and/or lyorafc sic The GenaiatOr Ivaae van r s b Wash. OI Santa Camp M Ing Neta olt Niro M bren bedded M Chemical a.aancet WI are considered bit ad/a hazardous by any bc* 04 telt a Sedated agency Y. The Genevan% acknowledges. MN INS noose does ns. refine are Generals znp nstMY Ude. RCM. OFFICE COPY TERMS: ALL.CHARGE INVOICES A ET UPON RECEIPT OF STATEMENT. A FINANCE CHARGE of 04% WILL BE CHARGED ON ALL PAST DUE BALANCES. THIS REPRESENTS AN ANNUAL RATE OF 18%. • VENDOR NO tatib CITY"OF FAYETTEVILLE ARKANSAS 66760 WASTE OIL SERVICE CO' 301 N RHODE ISLi;K0 PO BOX 11257 - OKLAHOf•1A CITY OR 73136 Each Package Must Be Marked Exactly As Shown Here City of Fayetteville. Arkansas NO. B-1167 5 DEPT. SYI tP 13 JACOBS k'FI : 7 f -LJ- NA MTV!! r.:: r f - DATE ACCOUNT NUMBER 77:--119tH-i:.: DELIVERY DATE NEEDED 1 1 VIA • Confirmation - Do Not Duplicate If Checked No Supplier In Arkansas • - 01.•• 1 L1 E- .S c_R__I £' T_1_0_11 V tli:_,. I'li'rE J..22. Oa AiliA/N_T_ 00 TERMS 1. Send to: Accounts P. Fayetteville, Show Mark . t. • Ole - Qua and 3. No 1. '.iscounls towing 5. Orders less 6. FOO agreed and 7. NO 8. Pre -pay Ship Entrance, Ifled. ADDITIONAL �i� �) AND CONDITIONS Itemized Invoice In duplcat Payable of Fayetteville O. Drawer F AR 72702-1751 P. O. Number on Invoice. all packages as shown In rel above. All orders must b mpanled by a packing slit My shipped, dale shlppe .O. number. ubstitutions without prior at effective to 10th of fo month. muse shipped In full ur musette otherwise notified. Fayetteville unless otherwis upon. No extra for packini delivery will be allowed. C.O.D. ORDERS freight and add to Invoice to 113 W. Mountain SI., Rea. unless otherwise spec INSTRUCTIONS 56SL&AL NAST_BIL — HELIOVEIT • - ._Ili' -City ----' • _ .. �, fI , -.. _ `- nY -lylyly"`�'"'l/"`/ / \ ____.._SI]_➢E_.lEIEILEQB_SIfUF_.HAINIELItiiLIE _ / /� 1 1�\ga/' !1J` Ll 6 s .. U 6\ 1 ll - .- -_-- - ; • -••• ._____, .. 1 -' ' - ' _ rye,•OO Qty a Owl TERMS AND CONDITIONS NOT OTHERWISE SPECIFIED ACCTS. PAYABLE... MAIL WITH REMITTANCE PURCHASING AGENT Char.,. Other ORIGINAL INVOICE WASTE OIL SERVICE CO. 301 N RHODE ISLAND PO BOX 11257 OKLAHOMA CITY. OKLAHOMA 73136 (AC 405) 232-4825 . TWX 910-831-3120 Mailing Information: C'1 / 1 A -7/7171a L r s % »i/C T 'C b %L U, 4" P1-1.7") 1 ,o I _ 5.41 -'77 O.3 Phone if: AC Pickup Information: Date Picked Up q _ c L7( .i � J Invoice Number 4573 Phone a AC Account No Customer P.O a Cay Te msCnarge Driver • Route a Stater i 7S /9 1 X 6( Stu 3 y Gallons Received InventoryDe Item No Description Und Amount Li 7 .3 005 - 053 00 00 GAL. - WASTE OIL - PICK UP SERVICE .1 P , 0'i l COMMENTS: Pail Check If Amount S - Sub -Total Tax TOTAL PaiD Casn - Amount $ 9y - Driven Signature //(-, Customer Signature R , //////////// // CONDITIONS OF SALE 1. Tr* Generator lccems by Na signature Mat IIB service gouged by Waste Od Service Company is to Iter collegial of recyclable used absomdrve crankcase mow oils. Iransmtssion ds. and rot hydrant oils. The Genera WIn4 *semis 10 Waste Gd Seneca Company that hese PO haw It bean Mantled wan channel suostarees Mal are CMSCerea toxic andror Ml rOOu$ by any local VIY. Vale. 0 federal +Sney. 2. The Generator acanoWeOges mV ass invoice Does nal release M Generators rHOannbd*Y under RCM OFFICE COPY - TERMS: ALL CHARGE INVOICES ARE NET UPON ' RECEIPT OF STATEMENT. A FINANCE CHARGE 01 11/2% WILL BE CHARGED ON ALL PAST DUE BALANCES THIS REPRESENTS AN ANNUAL RATE OF 1S%. • X When Applies New Change Other ORIGINAL INVOICE WASTE OIL SERVICE CO. 301 N. RHODE ISLAND P.O. BOX 11257 OKLAHOMA CITY. OKLAHOMA 73136 (AC 405) 232-4825 / TWX 910-831-3120 Mailing Information: ('J'Iv 4 fAI)/ef icc( Boicf thy E7 FEL/ cLe- 41 70I Phone a: AC ,c c I - 5 I — '77O ) Pickup Information: Date Picked Up Customer P.O. v Invoice Number 6451 Phone # AC Account No. Customer P.O. v Cass Ta msCMrge Driver a Route a State. . 19-57 N9IC SSS Dpi Gallons Received Inventory Imm No. Desc ippon Una Price Amount `� 1 3 005 - 053 00 00 GAL. - WASTE OIL - PICK UP SERVICE • -3 . C y COMMENTS: Paid Check 0 Amount $ Sub -Total Tax TOTAL Paid Cash - Amount 5 JY� pavers Signature (�J Customer hat ♦ 41 I CONDITIONS Df SALE I_ The Generales scotch by M Signature mal me lance or wale] by Moe Od Service Company a Ice the collection d recyclable used aNpnMue crankcase map. Ml transmission 0N. and/or nytakc da. TIN Generator loaner vanenla w Wasted sa me GMnpny I ori MM Ole net been Ua.J.d wen anneal substances NI are censers a.0 and red hasaraws by any (beat. ply. stale. re 'weal agency. 2. -TM Generated acknowldges mal nes entice aces not release the Generaio.s rnocnstNy under AGRA. OFFICE COPY TERMS: ALL CHARGE INVOICES ARE NET UPON RECEIPT OF STATEMENT. A FINANCE CHARGE of 11/2% WILL BE CHARGED ON ALL PAST DUE BALANCES. THIS REPRESENTS AN ANNUAL RATE OF 18%. h X When Applies New Change Other Mailing Information: ORIGINAL INVOICE WASTE OIL SERVICE CO. 301 N. RHODE ISLAND P.O. BOX 11257 OKLAHOMA CITY, OKLAHOMA 73136 (AC 405) 232-4825 / TWX 910-831-3120 BOX f/fy 61J- c L /-/Gk, ' 17a 7 ° Phone it: AC CO) - raj- / % Q V Pickup Information: Date Picked Up Q ii-Al Invoice Number 10093 Phone #- AC Account No. Customer P.O.a Cay, laAn° Charge Drivers Route* State* /25i 'I C l s-5-0 09 Received Inventoryx nem No. DescriptiOn p Amount 3 � 0 005 - 053 00 00 GAL. -WASTE OIL -PICK UP SERVICE ,�J 76 o� COMMENTS: Paid Checks Amount f sub -Total Tax TOTAL Paid Cash- Amwntf �� =' ' Drivers Signature �''1 ////���f�jf Q/����/) Customer Signature/..1 / !' 7 # d��\�/�"' s C . nlnNS OF SALE 1. The Generator accepts by N. sign.u.e that In senior gondola Wane ox Service cono.ry i. w ms collection Or recyclable used eulomolive crvac.ea molar d.. s.mmMSon oda and/or hydraulic alt The Gera Samar warrants to Weds 031 Service Company the, tree oas have ora Caen Wended Wm cMKY aW WCe. that sr. Mei* ed toxic .n4'a hazardous W M' local. Ott tete. lade& adenh. 2- The Omer star acknowledge Thal eel triode Oars not release to Ganeetola re.paibkty under RCM. OFFICE COPY • TERMS. ALL CHARGE INVOICES ARE NET UPON RECEIPT OF STATEMENT. A FINANCE CHARGE of 114% WILL BE CHARGED ON ALL PAST DUE BALANCES. THIS REPRESENTS AN ANNUAL RATE OF 187.. X When Applies New Change Other Mailing Information: ORIGINAL INVOICE WASTE OIL SERVICE CO. 301 N. RHODE ISLAND P.O. BOX 11257 ..aAHOMA CITY. OKLAHOMA 73138 UC 4051232.4825 / TWX 910-831-3120 ///&71 vi ccE ff91/EiiEVIcLF) %?1< // ?� 70) Phone*. AC Cb - CSI 00 Pickup Information: Date Picked Up 1-13-• Qt Invoice Number 13932 Phone*. AC Account No. Customer P.O.* cash CpolnONS OF 8111E • 1. leo Gaunter .coon by he *ewers that am.. Padded by Waste ON souks Calory 1a YM =Macaw rcycrhl. iced ..mud.a crankcase 117010W ea. a.n.N.em nae an ,a hydraulic Na. mi anew Yaw wmeW b Wal. OD Scoop Compel OS Mr oda Is. nal bear t4.etl MN serial .CN J. aw ars mrb..d emb.wa amiantus ly any loot city airs a Ydst pour. t 11r Gswaia activation dal et Mice don rut rocs dr Oewrar• nporeaM urs RCM. OFFICE COPY TERMS: ALL CHARGE INVOICES ARE NET UPON RECEIPT OF STATEMENT. A FINANCE CHARGE of 114% WILL BE CHARGED ON ALL PAST DUE BALANCES. THIS REPRESENTS AN Mt UAL RATE OF 18%. Tema GorgeDridar t Route * State t l 2 Si ya x “ 5-. .00 0 y 0eaans ed bmer.torN Men No. DescrOMn urn AmountReCO t 7 0 005 - 053 00 00 GAL. - WASTE OIL - PICK UP SERVICE ,a0 _ 9%, ---NS A NtPNtSFNTWITTE COMPANY. I NEAIFIY•AITIOIPF IF TNF NA!FI INF IFMAYAI CISTOMEI IF WAITF III !Ma BY WASTE 91 MIME COM?ANY IF TV REPRFSFIT THAT INANTITY OF «4RTr Ill DESCRIBED IMF ARO I TNI TIME IF IEEIIYAE NAS TIE MAW! TIE WASTE wit SII AtBD1H IF TIE WTI CISME,. CISTIWEIIIITUI '- PaidCMSt r Amoud $ Sue -Total Tex TOTAL COMMENTS: P.M Cash • Amount S �j %y MN01199Tums AVnvrIr ,d/ CpolnONS OF 8111E • 1. leo Gaunter .coon by he *ewers that am.. Padded by Waste ON souks Calory 1a YM =Macaw rcycrhl. iced ..mud.a crankcase 117010W ea. a.n.N.em nae an ,a hydraulic Na. mi anew Yaw wmeW b Wal. OD Scoop Compel OS Mr oda Is. nal bear t4.etl MN serial .CN J. aw ars mrb..d emb.wa amiantus ly any loot city airs a Ydst pour. t 11r Gswaia activation dal et Mice don rut rocs dr Oewrar• nporeaM urs RCM. OFFICE COPY TERMS: ALL CHARGE INVOICES ARE NET UPON RECEIPT OF STATEMENT. A FINANCE CHARGE of 114% WILL BE CHARGED ON ALL PAST DUE BALANCES. THIS REPRESENTS AN Mt UAL RATE OF 18%. X When Applies New Change Other Mailing Infonnation: ORIGINAL INVOICE WASTE OIL SERVICE CO. 301 N. RHODE ISLAND P.O. BOX 11257 OKLAHOMA CITY, OKLAHOMA 73136 (AC 405) 232-4825 / TWX 910-1331-3120 '74_7°1 Phone AC -SCI _ Sq l� t7 7 v Q Pickup Information: Date Picked Up Customer P.O. a Invoice Number 16443 Phone*: AC Amount No. Customer P.O. a Cue Tenn. Cllr Driver Route s State* /7549 614 SS o o y Received Item No. /7C DeeplM�ori Price Amount 3 3 005 - 053 00 00 GAL. - WASTE OIL - PICK UP SERVICE /6J-39 ( — AS A P:E:'P,ESFP.TtTIYE OF THE RAPED CDSTRUFR of Wec1F rg erlcec cr•TA''T. 1 HE.E3Y A1!Ti.".e,;FE THE REMOVAL BY WASTE Fr"t"y nr Tcr fIn!..1ILY Or WV CsE 'a 77:vr -TE DES;.f,BE9 AF EE7H;;E:iT THAT AT 113E TIRE OF REMOVAL THE WASTE 0 ;t 0;- - :o '; ' WAS THE fkGFERTY 6f TLE RANO GDSIottx. USTDIitf INN IAL COMMENTS: ld PeCheck• Amount nts SlArotel Tax TOTAL PaMCath-Amount $ Y n= omen ageetw. .0„,..; cw+onw sgtnen.e CONDITIONS OFSALE 1. The Gaza>sewed W te{Y.We tat the wake aai.Le by Week 01 SMa Oarcey Y Icy dr mYcfbnd r•CygEM used WMM crankcase =tor oak IW im GW. endue Newt aY. Tln Guns° Wrest wrnY 4 West* OS Soria Crown PIM M e4 Is not iron ended with then** sbbrcsa Met en rpridMM tat Mtl/a hazardous by W e kcal. CM. Meta a Want yrq. 2 The Gww.mr MrwbdWn 1St tit kwica dose nue coleus Ito Generator* rwpa+EitY USW ACM. OFFICE COPY TERMS: ALL CHARGE INVOICES ARE NET UPON RECEIPT OF STATEMENT. A FINANCE CHARGE c4 1%% WILL BE CHARGED ON ALL PAST OLE BALANCES. THIS REPRESENTS AN ANNUAL RATE OF 18%.