LEO BYFORD
5244 SOUTH IRVINGTON PLACE
TULSA, OKLAHOMA 74135
PHONE 1-918-622 6413
CELL 12-918-902-5730
FAX 1-918-622-7066
October 15, 2008
RE: Public Notice
Miami News Record
September 25, 2008
Assessment plan for Tar Creek
Public Comment
Ms. Suzanne Dugging
U.S. Fish and Wildlife Service
9014 East 21st Service
Tulsa, OK. 74129
Fax 1-918-581-7467
Phone 1-918-581-7458
I am somewhat confused at the report Published in the New Record by Fish and Wildlife. I would like to ask for answers to the following questions and that this plan be tabled until these answers are provided.
1. Since the inception of this superfund there has never been a permanent solution applied at Tar Creek, would any of the actions in your plan apply permanent solutions as required by federal law?
2. Since the EPA has jurisdiction over the environment and has never applied any permanent solutions and has allowed the continued discharge of hazardous materials from this superfund site, will EPA be held accountable as a PRP or not following the federal laws as mandated by CERCLA and Congress?
3. Are the owners of the chat Piles going to be held responsible as a PRP or will the owners of the hazardous material be excluded from this action plan and if they are excluded why?
4. Why does this plan not address the levels of ARSENIC, since government test reflects high levels being discharged?
5. How can anyone assess damages from anyone when the EPA has not corrected the problems and want to allow another twenty 25 years for this discharges from this superfund to continue and having negative results on fish and wildlife?
6. Why was this Public Notice not Published to any of the Downstream communities that have interest in fish and wildlife? Tulsa receives water from the downstream event and many has some type of interest in Grand Lake?
7. Since the owners of Hazardous materials are receiving compensation from sales of untreated hazardous materials being sold for public use, why does you plan omit these owners from your plan.
8. How will your plan stop the discharges being done at Tar Creek?
9. When will any monies recovered from this assessments be applied to improve fish and wildlife?
10. Why does your Public Notice not include the names of the Trustees and the Tar Creek Trustee Council and contact information?


Leo Byford
5244 South Irvington Place
Tulsa, Oklahoma 74135