Fayette Local School District’s legal firm recently addressed a pair of concerns lodged by the firm representing DH Holdings, the company charged with cleaning up pollution from the former Fayette Tubular Products.
David Nunn of the Eastman and Smith legal firm responded to a question from DH Holdings regarding the removal of underground storage tanks at the former high school site.
Nunn quoted the Settlement Agreement between DH Holdings and the school that calls for “surface demolition...of all of the buildings located on the property.” No provision was made for the removal of storage tanks which may or may not be present, Nunn wrote.
He added that the demolition contractors were unable to verify the presence of a fuel tank despite searching in a likely location.
DH also questioned the presence of asphalt parking lots, but Nunn pointed out that the Declaration of Restrictions does not forbid parking on the property nor does it call for the removal of residual asphalt.
Nunn stated the board will continue to use April 21, 2009 as the starting date for DH Holdings’ one-year option to buy the former school property.
Nunn told DH’s law firm that the school board appreciates the company’s cooperation in the school contamination issue.