Free Statement - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH

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Filed 09/21/2006

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Robert J Burm P. E.
1832 Union Drive Lakewood, Colorado 80215 (303) 232-4529
EXPERIENCE
1/96-present Consultant
General areas of expertise include the Clean Water Act, NPDES permit negotiations and reconciliation, Whole Effluent Toxicity problems, as well as other matters related to Clean Water Act compliance and enforcement. Specific areas of expertise and involvement include: (1) whether or not an NPDES permit is needed, (2) whether a facility is in or out of compliance with an existing NPDES permit, and (3) what NPDES permit limitations might be appropriate in proposed permits. Under the first area are situations involving Longmont Packing Company, CGB Waterfront in Cairo Illinois, Cripple Creek and Victor Mining (CCV) and El Paso Gold near Cripple Creek, Colorado, and the Cardinal Mill near Nederland, Colorado The second area includes the Young Life Camp near Fraser, Colorado, and CCV . The third area includes Doe Run Mining in Missouri, proposed pipeline projects in Colorado, and a proposed hog growing operation near Pierre, South Dakota. Whole Effluent Toxicity advice and determinations involved CCV and Doe Run.

2/92-1/96

US EPA Denver, Colorado Chief of the Permits Section
Until January 1996, responsible for the content of all discharge (NPDES) permits written in Region VIII of the USEPA. In the case of the majority of the permits, which were written by delegated states, the responsibility consisted of overview of the permits for conformance with the Clean Water Act (CWA) and its regulations. In the case of non-delegated permits such as federal facilities in Colorado, the entire content of the permits was the subject's responsibility. In addition, certain other related programs such as pretreatment and the sludge or biosolids programs were largely not delegated and responsibility for successful implementation also rested with the subject. The evolving storm water program was also addressed.

10/91-2/92

US EPA Denver, Colorado RCRA Project Engineer
Subject was a Project Engineer for four hazardous waste (RCRA) remedial action jobs in Wyoming. Projects were: Warren AFB, Burlington Northern Roundhouse, Amoco Refinery-Casper, and Frontier Refinery in Cheyenne. Duties included the responsibility for all corrective actions at these facilities as well as the routine RCRA operational requirements.

Case 1:01-cv-02163-BNB-MEH Robert J. Burm 3/88-2/92

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US EPA Denver, Colorado Whole Effluent Toxicity Coordinator
Served as the Regional program manager for policy, program analysis, and technical functions, pertaining to implementation of the Whole Effluent Toxicity (WET) Program in Region VIII. In 1988, the program represented an entirely new approach to the control of toxicity in effluents and reflected recently developed indicator empirical technology in which effluent toxicity is directly measured by exposure of test organisms to various effluent concentrations. Training for this area of expertise included a two-week assignment to the EPA research laboratory that developed the testing procedure. Provided guidance and direction on implementation of WET to other state and federal program offices, and acted as program contact with the regulated community. Reviewed all WET data and made recommendation on follow up actions including enforcement actions. Participated in national work groups and overviewed contract funds for WET in the Region. Basically responsible for the successful implementation of the program, which at the time was the major portion of the EPA's "Surface Water Toxics Control Program".

1/78-3/88

US EPA Denver, Colorado Chief of the Permits Section
Responsibilities included continued issuance of quality NPDES permits in all of the Region VIII states and assurances that EPA's interests, and the CWA's requirements were satisfied in the expanded number of delegated states. Responsibilities also included the control of indirect dischargers through the pretreatment program in all six Region VIII states. Activities included overview of the professional staff in their constant day to day activities concerning the drafting and review of NPDES permits; continuous contact with state staffs concerning operating and overview procedures to be followed, and, on occasion, subject also acted as the chief negotiator in selected permits.

10/81-12/82 International Joint Commission (IJC) Member of International Poplar River Water Quality Board
This assignment occurred simultaneously while an employee of EPA. The group was charged with recommending scientifically sound solutions to international pollution caused by a Canadian power plant. Duties included numerous meetings with Canadian federal and provincial employees. The responsibilities called for a high degree of technical knowledge, but also the ability to cooperate with and gain the respect of the Canadian delegation.

1/74-1/78

US EPA Denver, Colorado Chief of the Permit Section
This position represented a continuation of previous responsibilities with some changes in emphasis because of delegation of programs to some states. Activities involved much more emphasis on working in harmony with the delegated states, but continued contact with industrial and municipal permittees was also required. Notable achievements during this time period were national trend setting successful permits issued to United States Steel in Utah and Homestake Mining in South Dakota.

Case 1:01-cv-02163-BNB-MEH Robert J. Burm 10-71-1/74

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US EPA Denver, Colorado Chief of Technical Support Section
Position involved first line supervision of permit writing for the then newly created NPDES permit program. Staff consisted of environmental engineers, chemical engineers, mining engineers, and support personnel. Permits covered a broad spectrum including mines, refineries, power plants, sugar mills, smelters, feedlots, and publicly owned treatment works. Position involved continuous contacts with industry and the states in both a cooperative and adversarial role. Overall guidance was minimal because of the newness of the program, and the successful drafting of all the required permits was largely the result of self-initiative. At the time the Region was nationally recognized for achievement of permit writing deadlines.

5/69-10/71

FWQA-EPA Corvallis, Oregon Research Sanitary Engineer
Work was in the wastewater treatment section of a national EPA laboratory. The position allowed the subject to become extremely familiar with various waste treatment processes, and the inherent science involved. Subject was project officer on several contracts and oversaw technical progress, of several industrial demonstration projects. Other duties included start up and operation of a full-scale waste treatment plant at an industrial site in Spokane, Washington. During 1971, provided extensive advice to EPA Headquarters about technology based limits for the sugar industry under the anticipated revisions to the FWPCA

9/68-5/69

FWQA Honolulu, Hawaii Chief of Operations Pacific Islands Basin Office
Responsible for all field operations in Hawaii, Guam, and the Trust Territories. This included planning, implementation, and final reports of various projects conducted by the Basin Office. Included in this was a comprehensive aquatic survey of Pearl Harbor, including bottom characterization, shellfish studies, and water quality studies including aquatic sampling.

7/66-9/68

FWQA Honolulu, Hawaii Project Leader Hawaii Sugar Waste Study
Sole responsibility for the planning, hiring, organization, and implementation of a study of the sugar mills throughout the State of Hawaii. Study lasted two years and included off shore studies, comprehensive industrial surveys of sugar mills and storm water runoff comparisons between the sugar cane fields and undeveloped areas. Study involved the gathering of samples from industrial plants, ocean stations and storm water samples using automated sampling equipment in the latter case.

1/64-7/66

USPHS Detroit River Lake Erie Project Chief of Surveillance Actions
Subject had sole responsibility for surveillance operations of the FWPCA-PHS Detroit River Lake Erie Project. Operation included water quality monitoring of the Detroit River and Western Lake Erie. Operation also included the sampling and monitoring of over 50 industrial outfalls as well as the operation of a storm water overflow research study. Responsibilities included program planning, organization, and data tabulation and publication. Staff consisted of six samplers and boat operators.

9/62-1/64

US Public Health Service (USPHS) Detroit River Lake Erie Project Senior Sanitary Engineer
Project was a comprehensive pollution survey of the Detroit River and western Lake Erie. In essence, the study involved the taking of thousands of aquatic samples in the 50-mile study area to determine the extent of the pollution in the area. Duties included various responsibilities related to the pollution study. Specific duties were the planning and execution of comprehensive surveys of area sewage plants, river sampling, stream current studies and storm water overflow studies.

Case 1:01-cv-02163-BNB-MEH

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Robert J. Burm 1/61-9/61 City of Milwaukee , Wisconsin

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Subject was involved in the design of, and construction inspections of various sizes and types of storm and sanitary sewers for the City of Milwaukee.

EDUCATION
Wisconsin State Superior Marquette University Northwestern University 9/55-6/58 9/58-1/61 9/61-9/62 BSCE 1961 MSSE 1962

ATTRIBUTABLE PUBLICATIONS
Bacteriological Comparison Between Combined and Separate Sewer Discharges in Southeastern Michigan JWPCF 38,3,1966 Bacteriological Effect of Combined Sewer Overflows on the Detroit River JWPCF 39,3,1967 Chemical and Physical Comparison of Combined and Separate Sewer Discharges JWPCA 40,1,1968 The Hawaii Sugar Industry Waste Study U.S Environmental Protection Agency, Region IX, San Francisco California, June, 1971j

UNATTRIBUTABLE PUBLICATIONS and DOCUMENTS
Publications directly attributable to EPA regulatory employees are discouraged by the Agency. However, Mr. Burm's contributions include the following input which was often affected the content of EPA regulations and guidance documents. (1) Several research documents and papers for technical meetings during the 1969-71 period. (2) Extensive written technical advice to EPA in Washington concerning the feasibility of proposed CWA Section 301 Effluent standards for various industries. (3) Extensive written advice to EPA on the implementation of Whole Effluent Toxicity limitations. (4) Extensive written and oral advice to EPA on other NPDES regulations published throughout the period from the passage of the CWA through 1995.

EXPERT WITNESS EXPERIENCE
(1) Testimony in Federal District Court, Pierre, South Dakota, 2/18/99. Humane Farming Association vs. Rosebud Indian Reservation (2) Expert consultation in Sierra Club vs. Longmont Packing (3) Expert consultation in Sierra Club vs. Young Life Inc. (4) Expert report in Citizen Alliance for the Protection of Caribou vs. New Cardinal LLC (5) Expert report in Sierra Club vs. El Paso Gold Mine (6) Expert report in Sierra Club vs. CCV Gold Mine (CCV 1) (7) Expert report in Sierra Club vs. CCV Gold Mine (CCV 2) (8) Preliminary review and opinions expressed in Doe Run vs. State of Missouri

Case 1:01-cv-02163-BNB-MEH Robert J. Burm

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(9) Preliminary review and opinions expressed in CGB Waterfront operations (10) Deposition given in Sierra Club vs. CCV Gold Mine 9/12/03 (11) Deposition given in Sierra Club vs. CCV Gold Mine 12/17/04