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HomeMy WebLinkAboutDSHW-1984-001161 - 0901a06880156441MORTON THIOKOL, INC. CERTIFIED MAIL - RETURN RECEIPT REQUESTED September 26, 1984 DSHW TN 1984.10015 Htc, eiueo oi&t, srP2« "^"^^^^^^^ A-t' ?• .Jls:-^^ )^ state of Utah Solid and Hazardous Waste Committee Utah Department of Health P.O. Box 2500 Salt Lake City, Utah 84110-2500 Dear Sir or Madam: Updated closure and post-closure cost estimates for hazard- ous waste treatment, storage, and disposal facilities to- gether with financial information for the fiscal year ended June 30, 1984 are enclosed. This submission is specified in 40 CRF Parts 264 and 265 or comparable state regulations. Thiokol Corporation, formerly a totally owned subsidiary of Morton Thiokol, Inc. was merged into Morton Thiokol, Inc. effective July 1, 1984. Therefore, "Thiokol Corporation" is deleted from the facility designation. Very truly yours. John P. Cdffin Manager of Safety & Environmental Protection JPC/vt cc: R. Taylor Enclosure; Letter from Chief Financial Officer Morton Thiokol, Inc. 1984 Annual Report Form lOK Report from Ernst & Whinney 110 North Wacker Drive. Chicago. Illinois 60606-1560 (312) 621--5200 MORTON THIOKOL, INC. John R. Bowen Vice President Finance DSHW TN 1984.10016 September 26, 1984 State of Utah Solid and Hazardous Waste Committee Utah Department of Health P.O. Box 2500 Salt Lake City, Utah 84110-2500 Dear Sir or Madam: I am the chief financial officer of Morton Thiokol, Inc., 110 North Wacker Drive, Chicago, Illinois 60606. This letter is in support of this firm's use of the financial test to demon- strate financial assurance, as specified in Subpart H of 40 CFR Parts 264 and 265. 1. This firm is the owner or operator of the following fa- cility for which financial assurance for closure or post- closure care is demonstrated through the financial test specified in Subpart H of 40 CFR Parts 264 and 265. The current closure and/or post-closure cost estimates covered by the test are shown for each facility: None. 2. This firm guarantees, through the corporate guarantee spec- ified in Subpart H of 40 CFR Parts 264 and 265, the closure or post-closure care of the following facilities owned or operated by subsidiaries of this firm. The current cost estimates for the closure or post-closure care so guaranteed are shown for each facility: None. 3. In States where EPA is not administering the financial re- quirements of Subpart H of 40 CFR Parts 264 and 265, this firm as owner or operator or guarantor, is demonstrating 110 North Wacker Drive, Chicago, Illinois 60606-1560 (312) 621-5445 - 2 - financial assurance for the closure or post-closure care of the following facilities through the use of a test equivalent or substantially equivalent to the financial test specified in Subpart H of 40 CFR Parts 264 and 265. The current closure and/or post-closure cost estimates covered by such a test are shown for each facility: COST-ESTIMATES Closure Post-Closure Care Morton Chemical Division $ 29,930 N/A 5005 Barnerd Mill Rd Ringwood, IL 6 0072 ILD062410550 Morton Chemical Division $ 14,216 N/A 2401 East Pratt Blvd Elk Grove Village, IL 60007 ILD025110834 Ventron Division $ 10,075 N/A Chicago Plant 1645 S. Kilbourne Avenue Chicago, IL 60623 ILD096787049 Morton Chemical Division $ 1,113 N/A 1177 East Slausen Ave Santa Fe Springs, CA 90670 CAD059798819 Elkton Division $ 10,990 N/A P.O. Box 241, Route 40 Elkton, MD 21921 MDD003067121 $234,845 $61,083 Morton Chemical Moss P. 0 5724 Moss MSDO Point Box Elder Point Plant 566 Ferry , MS 08186587 Division Road 39563 - 3 Dynachem Corporation P.O. Box 12047 2631 Michelle Drive Tustin, CA 92680 CAD008334260 Closure $ 12,630 Post-Closure Care N/A Wasatch Division P.O. Box 524, Route U-83 Brigham City, UT 84302 UTD009081357 $ 41,507 $50,076 Ventron Division Elma Plant P. 0. Box 1224, Route 12 Elma, WA 98541 WADO20231536 $ 12,797 N/A Morton Chemical Division Weeks Island Plant New Iberia, LA 70590 LAD059122077 $ 51,745 N/A 4. This firm is the owner or operator of the follwing hazard- ous waste management facilities for which financial assur- ance for closure or, if a disposal facility, post-closure care, is not demonstrated either to EPA or a State through the financial test or any other financial assurance mechanism specified in Subpart H of 40 CFR Parts 264 and 265 or equiva- lent or substantially equivalent State mechanisms. The cur- rent closure and/or post-closure cost estimates not covered by such financial assurance are shown for each facility: None. This firm is required to file a Form lOK with the Securities and Exchange Coimnission (SEC) for the latest fiscal year. - 4 - The fiscal year of this owner or operator ends on June 30. The figures for the following items marked with an asterisk are de- rived from this owner's or operators's independently audited, year-end financial statements for the latest completed fiscal year, ended June 30, 1984. ALTERNATIVE II 1. Sum of current closure and post-closure cost estimates (total of all cost estimates shown in the four para- graphs above) $ 531,007 2. Current bond rating of most recent issuance of this firm and name of rating service (Standard & Poor's) A+ 3. Date of issuance of bond. 4. Date of maturity of bond. October October lr 1, 1975 2000 *5. Tangible net worth (if any portion of the closure and post-closure cost estimates is included in "total liabili- ties" on your firms financial statements, you may add the amount of that portion to this line).. $ 472,291,000 *6. Total assets in U.S. (required only if less than 90% of firms assets are located in the U.S.).. $991,900,000 YES NO 7. Is line 5 at least $10 Million? 8. Is line 5 at least 6 times line 1.... *9. Are at least 90% of firms assets located in the U.S.? If not, complete line 10 10. Is line 6 at least 6 times line 1.... X I hereby certify that the wording of this letter is identical to the wording specified in 40 CFR 264.151(f) as such regula- tions were constituted on the date shown immediately below. . y ViAjwv^-i/-- R. Bowen Vice President Finance Date: September 26, 198 4 Ernst & Whinney 150 south wacker Drive Chicago, Illinois 60606 312/368-1800 Mr. John R. Bowen Vice President - Finance Morton Thiokol, Inc. We have examined the consolidated financial statements of Morton Thiokol, Inc. and subsidiaries for the year ended June 30, 1984, and have expressed our unqualified opinion thereon in our report dated August 1, 1984. At your request, we have compared the tangible net worth ($472,291,000) and total assets in the United States ($991,900,000), as set forth in your letters dated September 6, 1984 to representatives of environmental agencies, to the corresponding amounts derived from the aforementioned consolidated financial statements. In connection with performing this procedure, no matters came to our attention which caused us to believe that the specified data should be adjusted. This letter has been prepared solely to assist you in complying with the applicable requirements of environmental agencies and is not to be used for any other purpose. '^A'i-yt^i-^^'-^ Chicago, Illinois September 26, 1984 ima ••:•.-< '':^i^^r^^^^e!&^^^^ mm 'W-^3Jli'fe'il^r''-MTOlSf^ Report of Ernst & Whinney, Independent .\uditors To the Stockholders and Board of Directors Morton Thiokol, Inc. Chicago, Illinois We have examined the consolidated balance sheets offol^5>hTij[tfi'igl<Qll^I?^and subsidiaries as of June 30, and 1983, and the related consolidated statements of income and retained earnings and changes in financi position for each of the three years in the period ended June 30,1984. Our examinations were made in acci ance with generaily accepted auditing standards and, accordingly, included such tests of the accounting re and such other auditing procedures as we considered necessary in the circumstances. In our opinion, the financial statements referred to above present fairly the consolidated financial posit Morton Thiokol, Inc. and subsidiaries at June 30,1984 and 1983, and the consolidated results rjf their open and changes in their financial position for each ofthe three years in the period ended June 30, 1984 in conformity wilh generally accepted accounting principles applied on a consistent basis. Chicago, Illinois (7 August 1,1984 Report of Management We have prepared the accompanying consolidated financial statements of Morton Thiokol, Inc. in conformi with generally accepted.accounting principles appropriate in the circumstances. The integrity- and objecti\ data in these financial statements are the responsibility of management. Based on currently available infoi tion, management makes informed judgments and estimates ofthe effects of certain events and transactio when preparing the financial statements. Financial information included elsewhere in this .\nnual Report consistent with that contained in the financial statements. We maintain a highly developed accounting system and controls to provide reasonable assurance that as are safeguarded against loss from unauthorized use or disposition and that financial records are reliable fo preparing financial statements and maintaining accountability for assets. However, there are inherent limilations that should be recognized in considering the potential efi'ectiveness of any system of internal accounting control. The concept of reasonable assurance is based on the recognition that the cost of a systi internal control should not exceed the benefit derived and that the evaluation of those factors requires esti and judgments by management. The Company's systems pro\ide such reasonable assurance.' The functioning ofthe accounting ,system and controls over it are reviewed by an exiensive program of internal audits and by the Company's independent auditors, Ernst & Wliinney. The responsibility of the Boa Directors for the Company's financial statements is exercised through its Audit Committee which is compo: Directors who are not Company employees. The Audit Committee recommends to the Board of Directors th selection of the independent auditors and reviews their fee arrangements. It meets periodically with manai ment, the internal auditors and the independent auditors to assure that each is carrying out its responsibil The independent auditors have full and free access to the Audit Committee to discuss auditing and financij reporting matters. The Company's legal counsel has reviewed the Company's position with respect to litigation, claims, asse ments, and illegal or questionable acts, has communicated that position to our independent auditors, and i satisfied that it is properly disclosed in the financial statements. The Company has prepared and distributed to its employees a statement of its policies prohibiting certai activities deemed illegal, unethical, or against the best interest of the Company. Certification of complianci such policies is required and any apparent problems are reviewed by a committee of the Board of Directors consultation with our independent auditors we have developed and instituted additional internal controls a internal audit procedures designed to prevent or detect \iolations of those policies. We believe that the poll and procedures provide reasonable assurance that our operations are conducted in conformity^ with the law with a high standard of business conduct. John R. Bowen Vice President Finance •>••'•• ,•'. • "^.. .. .-'f CORPORATE GUARANTEE FOR CLOSURE,.' Guarantee malde this 15th day of February by Morton Thiokol, Inc.,a business corporation organized under the laws of the State of Dela- ware, herein referred to as guarantor, to the Utah Solid and Hazar- dous Waste Committee (Committee) obligee, on behalf of our subsid- iary, Thiokol Corporation of 110 N. Wacker Drive Chicago, IL. 60606. Recitals ; -. " \^^ ; ; ; 1. Guarantor meets or exceeds the financial test criteria -'["•' and agrees to comply with the reporting requirements for guarantors as specified in 40 CER 264.143(f), 264.145(f), 265.143(e), and 265.145(e). / 2. Thiokol Corporation owns or operates the following . hazardouVwaste management facility covered.by this'guaran- ||ft]:^'"'\l<^|^#^!' •'.'^"-'•'"/^•- '•-•^ tee:. .';-^^^^ ..:.;^;---v::r.:r;.y.;.;- :" -.••.•.• EPA I.D. // LOCATION UTD009081357 Wasatch Division Closure and Post P.O. Box 524, Closure Care Route U-83 ., . Brigham City, UT 80302 . 3. "Closure plans" and "post-closure: plans" as used below i,„ . . - refer to the plans maintained as required by Subpart G of 40 CFR Parts 264 and 265 for the closure and post-closure care of facilities as identified above. 4. For value received from Thiokol Corporation, guarantor guarantees to the Committee that in the event that Thiokol Corporation fails to perform closure of the above facility •-;•.-. in accordance with the closure or post-closure plans and '.' other, permit or interim status requirements whenever required to do so, the guarantor shall do so or establish a :.^;;i -: ;v trust fund as specified in Subpart H of 40 CFR Parts 264 or ;v' 265, as applicable, in the name of Thiokol Corporation in if :\ . ;;: ,ii_;j,:r, ; the amount of the current closure or post-closure cost \:l.:y-y.:y^'"••''•' estimates as; specified in Subpart H of 40 CFR Parts 264 and :;;:•;. ,'• j..'^:.'[ . 265. ....'.;. 5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantior shall send ^S: ; within 90 days, by certified mall, notice to the Committee ,. and Thlokol_Corporation that he Intends to provide alter- JixJiiKvv'-^-•'^•''^^^v^'^"^^^^^ ^ as:;.speclf led In Subpart H of 40 ^^:-T' : CFBTPart 264^and 265, as applicable, in the name of Thiokol i;;-, . . Corporation. Within 120 days after the end of such fiscal ':^^-'---: ^-'- •'-^'••-:.;. year, the guarantor shall establish such financial assur- rJ^:-:;V .V ance unless Thiokol Corporation has done so. 6. The guarantor agrees to notify the Committee by certi- fied mail, : of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming guarantor -as debtor, within 10 days after commencement of the proceed- 7. Guarantor agrees that within 30 days after being noti- fied by the Committee of a determination that guarantor no longer meets the financial test criteria or that 4he is disallowed from continuing as a guarantor of closure or post-closure care, he shall establish alternate financial assurance as specified in Subpart H of 40 CFR Parts 264 and 265, as applicable, in the name of Thiokol Corporation unless Thiokol Corporation has done so. 8. Guarantor agrees to remain bound under this guarantee notwithstanding aiiy or all of the following amendment or modification of the closure or post-closure plan, amendment or modification of the permit, the extension or reduction of the time of performance of closure or post-closure, or any other modification or alteration of an obligation of the owner or operator pursuant to 40 CFR Parts 264 or 265. 9. Guarantor agrees to remain bound under this guarantee for so long as Thiokol Corporation must comply with the applicable financial assurance requirements of Subpart H of 40 CFR Parts 264 and 265 for the above listed facilities, except that guarantor may cancel his guarantee by sending notice by certified mail to the Committee and to Thiokol Corporation, such cancellation to become effective no earlier than 120 days after receipt of such notice by both the CoiranittGe and Thiokol Corporation, as evidenced by the return receipts. 10. Guarantor agrees that if Thiokol Corporation falls to •provide alternate financial assurance as specified In Subpart H of 40 CFR Parts 264 and 265, as applicable, and obtain written approval of such assurance from the Commit- tee within 90 days after a notice of cancellation by the guarantor is received by the Committee from guarantor, guarantor shall provide such alternate financial assurance in the name of Thiokol Corporation. 11. Guarantor expressly waives notice of acceptance of this guarantee by the Committee or by Thiokol Corporation. Guarantor also expressly waives notice of amendments or modifications of the closure and/or post-closure plans and of amendments or modifications of the facility permit(s). •Vi^Vr^"-; t<» I hereby certify that the wording of this guarantee is identical to the wording specified in 40 CFR 254.151(h) a^ such regulations were constituted on the date first above written except that Utah Solid and Hazardous Waste Committee is used in place of United' States Environmental Protection Agency. Effective Date February 15, 1983 Morton Thiokol, Inc. SUBSCRIBED AND SWORN to before me this 15th day of February, 1983 Notary Public My commission expires October 31, 1986 '•x^i:'^:p\'}.:yif-f'-':V^'^:-i