104(E) RESPONSE - GEORGE A. SPANOS LIVING … D.C. in around 1959 or 1960 and receiving some training in dry cleaning machine maintenance, ... Michael A. Hendershot, Esq. May 4, 2012

Arent Fox LLP I Wasning~on, O<C I N'3w 'tmk, NY I Los Angeles, (;;\

Arent Fox

May 4, 2012

BY FEDERAL EXPRESS

Michael A. Hendershot, Esq. Senior Assistant Regional Counsel UIJ.ited States Environmental Protection Agency, Region III 1650 Arch Street (3RC43) Philadelphia, Pennsylvania 19103-2029

Re: Georgia A venue PCE Site Response to Section 104(e) Information Request

Dear Mr. Hendershot:

Donald B. Mitchell, Jr. Attorney

202.857.6172 DIRECT

202.857.6395 fAX

mitchell [email protected]

This Firm represents Mr. George A. Spanos, as an individual and in his capacities as

trustee of the George A. Spanos Living Trust, as former trustee of the testamentary trust of

Anthony Spanos, and as a shareholder a.nd putative officer of Anthony Spanos Inc. We have

been asked to prepare the response of Mr. Spanos to the Agency's March 19, 2012 Section

104(e) information request letter. By agreement ofMarch 27,2012, you agreed that Mr. Spanos

would have until May 4, 2012 to respond to the information request.

RESPONSE TO "INSTRUCTIONS"

Instruction C: Instruction C requests that "[ f]or each question, provide the names,

titles, areas of responsibility, addresses, and telephone numbers of all persons consulted in the

preparation of the answers to this Information Request."

Response to Instruction C: Mr. Spanos consulted only with his counsel in the

preparation of this Response.

Instruction E: Instruction E states that the information request is sent to Mr.

SMART IN YOUR WOP.LO'

1 050 Connecticui Avenue, NW

l./1/ashington, DC 200:33-5339

r 202.B57.Booo F 202 857.6395

I 675 Broadway

i\iew York, I\IY I 001 8-5820

T 212.484.3900 F 212.484 3990

445 S. Figueroa Street, Suite 3750 Los Angeles, CA 90071-160 I

T 213.629.7400 F 213_629.740 '1

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Michael A. Hendershot, Esq. May 4, 2012 Page 2

Spanos "as an individual, in your capacity as Trustee of the George A. Spanos Living Trust, as

Trustee of the Anthony G. Spanos Trust, as an Officer/director/shareholder of Anthony G.

Spanos, Inc., as a Executor of the Estate of A_nthony G. Spanos [sic, M_r. Spanos was not

executor of the Estate of Anthony G. Spanos, his mother Catherine Spanos was] and in any other

capacity that may have resulted in your having access to information.... In light of this, if your

response is limited to you, acting in a limited capacity such as Trustee, Officer or Executor, you

are to disclose the role by which you obtained this knowledge, as well as, all other roles that may

have provided you with information that is responsive to each question."

Response to Instruction E: The events inquired about in the Agency's information

_request occurred over a period of a half century. Mr. Spanos is not always able to distinguish the

"capacity" in which he learned information. Virtually everything he knows he learned as the son

of Anthony and Catherine Spanos, as a person involved in the administration of their estates

and/or trusts, including the 6143 Georgia Avenue property, a.'ldlor as a member of the Spanos

family. He has also learned some information simply by being involved in this matter with the

Agency and related litigation with a neighbor of the property. He learned virtually nothing "as

an Officer/director/shareholder of Anthony G. Spanos, Inc." When anything was learned in his

purported corporate role, that is stated; otherwise, the information presented was learned in his

capacity as the son of Anthony and Catherine Spanos and/or as a person involved in the

administration of their estates and/or trusts, or in his individual capacity.

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GENERAL STATEMENT:1


This matter arises out of the long-time operation of a dry cleaning business at 6143

Georgia Avenue, NW by two Greek immigrants, the late Anthony Spanos ("Anthony") and his

nephew Gus Dinos ("Dinos") . George Spanos is Anthony's son, and thus Dinos's cousin.

Declaration of George A. Spanos ("GS Decl.") ~ 5. George Spanos was born in May 1944; he is

now a retired school teacher. !d. at ~ 21 .

The family patriarch, Anthony Spanos, was born in Greece in 1911 and later immigrated

to the United States. Anthony was married to Catherine, who was born in Greece in 1919.

Anthony and Catherine had three children, George, Sevasti, and Lucia. George was the oldest,

and was born in 1944. In about 1957, Anthony started a dry cleaning business at 6143 Georgia

Avenue, called "Tony's One-Hour Martinizing," as a sole proprietorship, leasing storefront space

from the then-landowners. GS Decl. W 2, 3, & 6.

Gus Dinos is the son of Anthony's sister Fedra. Dinos was born in Greece in 1941 and

immigrated to the United States in the 1950s. After graduating from Roosevelt High School in

Washington, D.C. in around 1959 or 1960 and receiving some training in dry cleaning machine

maintenance, Dinos went to work with Anthony at Tony's One-Hour Martinizing. Id at~~ 5 &

7.

The matters set forth in this General Statement are verified in the Declaration of George A. Spanos ("GS Decl."), attached to the "Information Submission and Request for Meeting Regarding the Agency's Proposed Filing a Lien Pursuant to CERCLA § 107(/)" (the "Lien Response Submission") submitted to the Agency simultaneously herewith on May 4, 2012. That Declaration and the Lien Response Submission and exhibits thereto are incorporated herein as if set forth in full herein. George Spanos reiterates that he is not a liable person under CERCLA and that the George Living Trust is not a liable person or "debtor" under CERCLA, since it acquired the property by "inheritance or bequest" within the meaning ofCERCLA § 101(35)(A)(iii).

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Michael A. Hendershot, Esq. May 4, 2012 Page4

In 1964, Anthony incorporated the dry cleaning business as Anthony Spanos, Inc.

(hereafter, "Spanos Inc."). There were 252 shares of stock. In recognition ofDinos's role in the

business, Anthony owned 2/3 ofthe shares (168 shares) and Dinos mvned 113 of the shares (84

shares) of Spanos Inc. from the time of its formation. !d. at~ 8.

In 1965, Anthony began to experience health problems and moved with his wife and

youngest daughter, Lucia, to Arizona, where both his son, George, and his daughter, Sevasti,

were already students at the University of Arizona. ld at~ 9. Because he found Arizona too

dry, he moved back to Maryland in about 1966 until his daughter Lucia graduated from high

school in 1968. After Lucia graduated from high school, Anthony then moved to Clearwater

Beach, Florida with Catherine in about 1968·, spending most of each year there for the rest of his

life. ld at ~ 12.

The Spanos Inc. corporate records reflect that in March 1966, shortly after Anthony

moved to Arizona, Dinos was appointed Vice President and Manager of Spanos Inc. Anthony

remained President, though he was now retired in Arizona or, later, Florida. ld at~~ 11-13. In

February 1973, in recognition of the fact that Dinos was running Spanos Inc., since Anthony was

living in Florida, Anthony conveyed 42 shares of his Spanos Inc. stock to Dinos. ld at~ 14.

Thus, as ofthat date, Anthony and Dinos each owned 126 shares of Spanos Inc. stock. Dinos has

maintained that 50% ownership of Spanos Inc. ever since.

In September 1967, Anthony Spanos- the man, not the corporation- bought the real

estate at 6143 Georgia Avenue, NW on which the business was operating. !d. at~ 15.

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Michael A. Hendershot, Esq. May4, 2012 Page 5

Following the purchase, in 1968 a formal Lease was executed from Anthony Spanos, as

Landlord, to Spanos, Inc. -the dry cleaning business- as Tenant. Spanos Inc. then remained

the tenant for the next 40-plus years under a series of leases. !d. at ,, 16-1 7. Because Dinos was

family, the rent was below market, peaking at $1,200 per month in 2010.

In June 1988, Anthony Spanos died. !d. at, 23. His Will, executed May 10, 1988,

appointed his wife Catherine as Executrix. See Will§ 1.1. Under the Will, all of Anthony's

personal property (including his 126 shares of Spanos Inc. stock) was bequeathed to Catherine.

Anthony Will, at § 2.1 (A). Thus, in March 1990, a stock certificate for Anthony's 126 shares of

Spanos Inc. was conveyed from A.nthony' s estate to Catherine Spanos. The stock certificate was

signed by Dinos as "President" of Spanos Inc. GS Decl., 24. The "Remainder" of Anthony's

estate- which included the 6143 Georgia Avenue Property- was handled differently,

. depending on whether his wife Catherine survived him. If Catherine died first, then the

Remainder of the Anthony's estate would go directly "to my children, in equal shares." !d. at

§ 2.3. But if Catherine survived him - as was, in fact, the case - "I give the remainder of my

estate to my Trustee."- !d. at 2.2. Pursuant to this provision, the remainder of Anthony's estate

- including the Georgia A venue real estate - went into a testamentary trust that was described

in the Will as "Catherine's Trust," see Will§ 3.1 (title), that would pay all ofthe income to

Catherine for her life. !d. at §3.l(A). Anthony's Will appointed Catherine and his son George as

co-trustees of the trust under the Will. !d. at § 1.2. As required by the Anthony Will, in 1989

Catherine Spanos, as Executrix of the estate, transferred the Georgia A venue real estate to

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Catherine Spanos and George Spanos, as Trustees of the testamentary trust. GS Decl. ~ 25.

Part Three of Anthony's Will governed what happened next to the property in

"Catherine's Trust." During her lifetime, Anthony' s widow Catherine was entitled to all of the

net income from the Anthony Testamentary Trust. ld at §3.l(A). After her death, one of two

tbings would happen: either (1) the remaining principal of the trust (including the 6143 Georgia

Avenue Property) would be paid "to any child or grandchild ofmine, or the spouse of any of

them, in such shares and in such manner as Catherine may bv will appoint," id. at§ 3.2(B)

(emphasis added}, or (2) the trustee would " [d]istribute any unappointedproperty as provided in

Part 2.3 above ["to my children, in equal shares"]." Id at § 3.2(C). See also GS Decl. ~ 28. '

In February 1989, after Anthony's death, Catherine executed her Will. Her Will

appointed her son George as Executor. See Catherine Will,§ l(A). Catherine gave her personal

property to her children "George, Seva, and Lucia, in shares as nearly equal in value as

practicable .... " ld at§ 2.1. As such, the 126 shares of Spanos Inc. stock she inherited from

Anthony passed 113 each to each of her three children. In March 2001 , stock certificates for 42

shares were issued by Spanos Inc. to each of her children, George, Sevasti, and Lucia. GS Dec I.

~27.

The Remainder of her estate was distributed as follows:

I give the remainder of my estate to my children, in equal shares, per stirpes, provided, that, pursuant to the provisions of Part 3.2(B) of the Will of Anthony Spanos, I appoint to George from the principal of the Trust created by that Will, so much of the Trust's interest in the real property located at 6139-43 Georgia Ave., NW, Washington, DC 20011 as he elects, and if he does so elect, then his share of the

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remainder of my estate shall be reduced by the amount which will cause his share of the combined total of my estate and the Trust to be equal to the shares of my other children in the combined estate and Trust.

Catherine Will,§ 2.2 (emphasis added); GS Decl. ,-r 29. George's election was that he and sisters

would inherit and share everything equally.

Catherine Spanos died at the age of 80 in January 2000. GS Decl. ,-r 26. By this time, her

son and Executor George Spanos was 45 years old, married with children of his own. George

was a school teacher in Arlington, VA. ld. at ,-r 20.

As Executor ofh~s mother's estate, George was bound to follow her wishes and distribute

her estate as she directed. And as the sole remaining Trustee of the testamentary trust created

under the Will of Anthony Spanos he was also obligated to distribute the trust property of the

"Catherine Trust" as Catherine directed in her Will pursuant to the power of appointment

Anthony had granted to in her in his 1988 Will.

George attempted to exercise those directives starting in 2001. On June 26, 2001,

following the advice of counsel, George formed "6143 Georgia LLC." See GS Decl. ,-r 30. The

next day he executed a deed, as the sole remaining trustee of the Anthony Testamentary Trust, to

6143 Georgia LLC. The deed was submitted for recordation together with a claim for an

exemption from the District of Columbia real property deed recordation or transfer tax. The

submission was rejected and the deed was not recorded, because the D.C. Recorder of Deeds

alleged that the transfer was, in fact, taxable. ld.

George tried to transfer the Georgia Avenue property out of the testamentary trust again a

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few years later. In early 2006, George executed a deed transferring the property from Anthony's

testamentary trust to himself as the trustee of the newly-formed George A. Spanos Living Trust

(the "George Living Trust"). Id at~ 32. Simultaneously, an amendment was made to the terms

of the George Living Trust. That First Amendment recited that by a Deed dated February 16,

2006, the 6143 Georgia Avenue Property had become part of George Living Trust, and recited

that George, as Trustee of the George Living Trust, "holds legal title of the Georgia A venue

Property as nominee for the Grantor [George] and his two sisters .. . in equal shares." As

Trustee, George was directed to distribute all income and losses from the 6143 Georgia Avenue

Property in three equal shares to George and his two sisters, and "in the event of a sale of the

Georgia Avenue Property gains and net proceeds will be distributed in the same manner." This

transfer, too, was ineffective. Apparently, the D.C. government had changed the parcel number

for the property and this April2006 deed used the former (and now incorrect) parcel number and

so could not be recorded.

Finally, in November 2008, George, as the trustee of the Anthony Testamentary Trust

and as Executor of his mother's Will, succeeded in following the instructions in Catherine's

Will. GS Decl. ~ 33. On November 12, 2008, the 6143 Georgia Avenue property was

transferred from the Anthony's testamentary trust to the George Living Trust.

None of the three Spanos children- George, his sister Sevasti, and his sister Lucia-

worked at Spanos Inc. or were otherwise involved in its operations. Indeed, Sevasti has lived in

Chicago since 1976, while Lucia has lived in Pennsylvania since 1982. George left Washington,

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D.C. in 1962 to attend college in Arizona, and remained in the western United States and

overseas throughout the 1960s and 1970s, living in Arizona, California, and China. /d. at~ 18.

He.eventually received a Ph. D. in Oriental Studies from the University of Arizona in 1977. !d.

at~ 19. He did not return to the Washington area until1979, and thereafter became a teacher in

the fields of applied linguistics, English and philosophy; primarily, he taught high school in the

Arlington County, Virginia Public Schools. He retired as a school teacher in 2010. /d. at~~ 20-

21.

All during that time, Dinos continued to own 126 shares (as he had since 1973), and was

the President of Spanos Inc. He was the sole operator of the Spanos Inc. business from the time

of the retirement of Anthony Spanos and the latter's relocation to Florida in 1968, until it closed

in 2011. /d. at~ 30. In around 1990, after the death of his father, George Spanos was appointed

an officer of Spanos Inc., but it was a titular position in recognition of the Spanos family's

continuing stock ownership. George Spanos had no role in the operation of the business and did

not attend corporate meetings about the business. /d. at~ 34. What he knew about the business

he learned when he would meet his cousin Gus, either at the store to pick up the rent or at family

gatherings such as holidays or weddings. Thus it came as a surprise to Mr. Spanos when, on or

around March 16,2009, he received a telephone call from Mr. Rick Rupert of the USEPA

requesting access to the 6143 Georgia Avenue Property in order to conduct tests. Mr. Spanos

granted the access requested, and has cooperated with all such requests since that time.

In September 2010, after the Spanos Inc. lease had expired according to its own terms,

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Michael A. Hendershot, Esq. May4, 2012 Page 10

George Spanos, as trustee of the landlord Living Trust, issued a notice to quit to Spanos Inc.

When Spanos Inc. did not leave, Mr. Spanos filed D.C. Superior Court Landlord-Tenant Branch

litigation see}l:Jng an order of eviction to enforce the notice to quit. Spanos Inc. moved out of the

Georgia A venue premises and ceased doing business at the end of April 20 11. /d. at ~ 3 1.

Information Reauested concerning Activities at the Site

l. State the date when: dry cleaning activities first began at the Property. Provide a thorough explanation of the dry cleaning operation. This explanation should include, but not be limited to, the name of the entity that conducted dry cleaning activities, th-e fictitious names used by each entity, the number of people employed, the names and last known addresses of those employees, the procedure followed for the dty cleaning of items, a description of the chemicals used in the dry cleaning operation and a description of how the various chemicals are/were handled or disposed from the date dry cleaning operations began at the Property to the present.

Response No.1 : See General Statement. The business was incorporated as Anthony

Spanos Inc. in December 1964. George Spanos has no knowledge regarding the operations at

the site. Further information regarding this question may be available from Mr. Gus Dinos.

2. Provide the amount of perchloethylene ("PCE ") used on an annual basis. The submittal should estimate the amount ofPCE sent to the Property, each year, as well as the amount of PCE sent from the Property each year. If spent PCE was sent from the Property, please identify the name and last known address for the disposal facility that accepted the spent PCE materials and the transporter that delivered the spent PCE materials to the disposal facility.

Response No. 2: See General Statement. George Spanos has no knowledge regarding this

question. Further information regarding this question may be available from Mr. Gus Dinos.

3. Identify all current and/or past production records kept by the Anthony G. Spanos, Inc. and describe the contents of such records.

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Response No.3:


See General Statement. George Spanos has no knowledge regarding this

question. Further information regarding this question may be available from Mr. Gus Dinos .

... 4. Identify all leaks, spills, or 'releases into the environment of any hazardous

substances, pollutants, or contaminants that have occurred at or from the Site. In addition, identify:

a. When such releases occurred;

b. How the releases occurred (e.g. when the substances were being stored, delivered by a vendor, transported or transferred (to or from any tanks, drums, barrels, or recovery units), and treated).

c. The amount of each hazardous substances, pollutants, or contaminants so released;

d. How such releases occurred;

e. All activities undertaken in response to each such release or threatened release, including the notification of any agencies or governmental units about the release.

f. Any and all investigations of the circumstances, nature, extent or · location of each release or threatened release including, the results of any soil, water

(ground and surface), or air testing undertaken; and

g. Persons with information relating to these releases.



5. Was there ever a spill, leak, release or discharge of hazardous substances into any subsurface disposal system or floor drain inside or under the building? If the answer to the preceding question is anything but an unqualified "no," identify:

a. Where the disposal system or floor drains were located;

b. When the disposal system or floor drains were installed;

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c. Whether the disposal system or floor drains were connected to pipes;

d. Where such pipes were located and emptied;

e. When such pipes were installed;

f. How and when such pipes were replaced, or repaired; and

g. Whether such pipes ever leaked or in any way released hazardous substances, pollutants or contaminants into the environment.

Response No.5: See General Statement. George Spanos has no knowledge regarding this


6. Has any contaminated soil ever been excavated or removed from the Site? Unless the answer to the preceding question is anything besides an unequivocal "no," identify:

a. The amount of soil excavated;

b. The location of excavation;

c. The manner and place of disposal and/or storage of excavated soil;

d. The dates of soil excavation;

e. The identity of persons who excavated or removed the soil;

f. The reason for soil excavation;

g. Whether the excavation or removed soil contained hazardous substances, pollutants·or contaminants and why the soil contained such substances;

h. All analyses or tests and results of analyses of the soil that was removed from the Site; and

i. All persons, including contractors, with information about (a) through (h) of this request.

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Response No. 6:


Mr. Spanos has no information indicating that contaminated soil has ever

been excavated or removed from the Property. Further information regarding this question may

be available from Mr. Gus Dinos.

7. Provide information and documentation concerning all inspections, evaluations, safety audits, correspondence and any other documents associated with the conditions, practices, and/or procedures at the Site concerning insurance issues.

Response No. 7: See General Statement. Except as stated in the next sentence, George

Spanos has no knowledge regarding this question. In late 2011 or early 2012, as a result of

discovery in litigation, Mr. Spanos came into possession of reports of inspections of Spanos Inc.

conducted by the D.C. Government in 2008. Because we assume that the Agency already

possesses these documents, they are not produced herewith. Further information regarding this

question may be available from Mr. Gus Dinos.

8. Describe the waste handling and disposal history of the Site for all facilities and all operations, including but not limited to transportation, shipping and/or receiving, storage, manufacturing, research, quality control, waste containment, and waste disposal facilities, between December 31, 1964 and the present. This description is to include the names, addresses and activities of waste disposal contractors, and copies of all supporting documents (manifests, invoices, contracts, etc.).



9. Do you know of any other person who may have used PCE on or near the Site? Unless the answer to the preceding question is anything besides an unequivocal "no," identify:

a. The name and last known address of the person who may have used PCE;

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b.

c.

Response No.9:


The approximates dates when the PCE was used; and

The nature of the business that used the PCE.

See General Statement. As an individual who visited the area, George

Spanos has general knowledge that other dry cleaners exist or existed in the neighborhood, one

in a strip shopping center to the north and another on Georgia A venue to the south. Further

information regarding this question may be available from Mr. Gus Dinos.

Financial Information concerning the George A. Spanos Living Trust

10. On behalf of the Trust, please complete the attached document titled "Financial Statement of Corporate Debtor" (Enclosure 3). For all assets and debts identified on the questionnaire, please indicate how and by whom each asset and debt is owned (e.g., owned individually, owned jointly with affiliate/subsidiary/parent, or owned with other parties).

Response No. 10: The George Spanos Living Trust is not a corporation, nor is it a "debtor."

The completed fmancial statement of the Trust is enclosed.

11. Previously, you provided to EPA a document dated December 22,2005 entitled "George A. Spanos Living Trust, Declaration of Trust" ("George Spanos Trust Document"). Has the George Spanos Trust Document been amended, revised or terminated? If your response is "yes," provide a copy of each amendment, revision or termination.

Response No. 11: Yes. See Exhibit 8 to "Information Submission and Request for Meeting

Regarding the Agency's Proposed Filing a Lien Pursuant to CERCLA § 107(/)." A Second

Amendment was executed in 2011 appointing Wells Fargo Bank, N.A., as a back-up substitute

trustee; a copy of that document, which is not substantive, is also enclosed.

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12. The George Spanos Trust Document references an "Exhibit A." Provide a copy of Exhibit A. Also, identify all other assets contributed to the Trust. In your response, identify each asset, the person who granted the asset to the Trust, the date of the transfer and the estimated fair market value as of the date each asset was granted to the Trust.

Response No. 12: A copy of Exhibit A to the George Spanos Trust Document is enclosed; it

was intentionally left blank with regard to listing specific assets being conveyed at the moment

of trust formation. No assets were conveyed at trust formation; they were conveyed later. The

financial statement provided in Response No. 10 identifies the assets of the George Living Trust.

The assets were contributed by Mr. Spanos.

13. For purposes of the payment of federal income taxes, how does the Trust · report its income and expenses (e.g., is this reported on Form 1041, U.S. Income Tax Return for Estates and Trusts, Form 1041, or Form 1040, U.S. Individual Income Tax Return)? Provide a complete copy for the last five years of income tax returns that were filed with the Internal Revenue Service that reflect the income and expenses of the Trust.

Response No. 13: The George Living Trust does not file tax returns. A revocable living trust

such as the George Living Trust is disregarded by the IRS; for federal income tax purposes the

grantor of a revocable living trust is treated as the owner of all property in the trust, because of

the grantor's retention of control over the property via ability to revoke or amend. Mr. Spanos,

as the grantor, is required to report all income and loss in respect of trust property on his personal

return. The last five years of individual returns of Mr. Spanos and his wife, who file jointly, will

be made available for inspection upon request, but are not attached hereto because of their

privacy and sensitivity.

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Insurance Information Requested


14. Provide copies of all property, casualty and/or liability insurance policies, and any other insurance contracts in which you are identified as an insured, an additional insured, a loss payee or a beneficiary (including such additional specialized insurance policies including but not limited to, Environmental Impairment Liability, Pollution Legal Liability, Cleanup Cost Cap or Stop Loss Policies, Institutional Controls and Post Remediation Care Insurance) from December 31, 1964 until December 31, 1987.

Response No. 14: Mr. Spanos interprets this question as asking about property, casualty

and/or liability insurance policies, including specialized policies, that may apply to the Georgia

Avenue Property. Therefore, he is not providing copies of"other insurance contracts" such as

homeowners' policies insuring his personal residence in Arlington, Virginia, or life or health

insurance policies covering him or his wife.

After the matter of the alleged contamination at the Georgia A venue Property was

brought to his attention by Mr. Rupert in 2009, and after the filing of the Quickie Becky lawsuit

in 2011,2 Mr. Spanos began to inquire about insurance that might cover the George Living Trust,

the Anthony Spanos testamentary trust or him personally, as landowner or in any other capacity.

The most relevant thing that he learned was that, due to the family relationships and history, and

just because "it was always done this way," the insurance issues at the Georgia Avenue Property,

including property, casualty and/or liability issues, had been handled by Spanos Inc. Each year

Spanos Inc. would renew the policies using the brokerage of Early Cassidy & Schilling. This

2 In July 20I 1, a lawsuit captioned Quickie Becky Child Care Development, LLC, et al., v. Anthony G. Spanos, Inc., eta!., D.C. Superior Court No. CA-005236-I I, was tiled in District of Columbia Superior Court by a neighbor of the Georgia Avenue Property seeking damages for business interruption. Mr. Spanos was dismissed from that litigation by Order of the Court on November 4, 20 I I.

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practice was terminated in 2011. All of the policies of which Mr. Spanos is aware are enclosed

herewith. The carriers on those policies denied all coverage to Mr. Spanos; a copy of that denial

is also enclosed herewith.

15. Subsequent to December 31, 1987, were you identified as an insured, an additional insured, a loss payee or a beneficiary for policies in which the standard environmental coverage was modified or amended or worded in a manner that was different from the standard form or in which the Respondent was identified as an insured, an additional insured, a loss payee or a beneficiary for a specialized insurance policy such as Environmental Impairment Liability, Pollution Legal Liability, Cleanup Cost Cap or Stop Loss Policies. Institutional Controls and Post Remediation Care Insurance? If you were an insured, an additional insured, a loss payee or a beneficiary on such a policy, please provide a copy of each of these policies.

Response No. 15 : We are uncertain what or who the term "Respondent" in this inquiry refers

to. Assuming it means Mr. Spanos, the answer is "no."

16. To the extent not provided in Question 14 and 15 above, provide copies of all insurance policies that may potentially provide the George A. Spanos Living Trust with insurance for bodily injury or property damage (including, but not limited to, Comprehensive General Liability). Include, without limitation, all primary, excess, and umbrella policies in which any Respondent is identified as an insured, an additional insured, a loss payee or a beneficiary between December 31, 1964 and the present.

Response No. 16: We are uncertain what or who the term "Respondent" in this inquiry refers

to. Assuming it means Mr. Spanos, all information regarding insurance that may pertain to the

Georgia Avenue Property in the possession of Mr. Spanos or his counsel is enclosed.

17. If there are any such policies from Questions 14, 15 or 16 above of which you are aware but have no copies, identify each such policy to the best of your ability by identifying:

a. The name and address of each insurer and of the insured;

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b.

c.

d.

Response No. 17:

The type of policy and policy numbers;

Michael A. Hendershot~ Esq. May 4, 2012 Page 18

The per occurrence policy limits of each policy; and

The effective dates for each policy.

See letter from Travelers dated November 21, 201 L.

18. Identify all insurance brokers or agents who placed insurance for you at any time during the period being investigated as identified in Question 14 and identify the time period during which such broker or agent acted in this regard.

Response No. 18: The only brokerage known to Mr. Spanos is Early Cassidy & Schilling,

Inc. (or its predecessors, if any), now located in Rockville, Maryland.

19. Identify all communications and provide all documents that evidence, refer, or relate to claims made by or on behalf of you under any insurance policy identified in questions 14, 15, or 16. Include any responses from the insurer with respect to any claims.

Response No. 19: The requested documents are enclosed.

20. Identify any previous settlements with any insurer identified in your response to questions 14, 15 and 16 in connection with any claims for environmental liabilities during the time period in question. Please include an identification of any policies surrendered or cancelled by the Respondent and/or insurer in connection with each such settlement. You are also to identify the name of the insurer, the date of the settlement, the policies that were settled, the amount of the settlement and a description of how the proceeds or the settlement were used.

Response No. 20: We are uncertain what or who the term "Respondent" in this inquiry refers

to. Assuming it means Mr. Spanos, the answer is "None."

21. Identify all communications and supply all documents that provide evidence of or refer or relate to the existence of policies and/or contracts from December 31, 1964 to the present for which you do not have a copy. Evidence of insurance coverage may consist of, but is not limited to, General Ledger Entries; Pre-Paid Assets Accounts; correspondence regarding insurance to/from creditors, attorneys, claims adjusters,

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insurance companies, insurance brokers, government regulatory authorities, contractors and contractees, banks, rental and leasing companies or lessors themselves, premium audit companies, auditors, and others; and claims made by or on behalf of the Respondent and/or Related Party under any insurance policy or contract. Include any responses from the insurer with respect to any claims made against any policy that is identified in your response to Question 14, 15 and/or 16.

Response No. 21: See Response No. 19. Mr. Spanos does not possess any other ofthe

records identified.

22. Identify all Trusts that were created as a result of any settlement described in your response to question 20.

Response No. 22: None.

23. Identify all staff, including management and clerical (present, past and/or retired), with telephone numbers and addresses, who had access to insurance records, purchased insurance, approved the purchase of insurance, or were responsible for insurance and/or the records maintained by the company.

Response No. 23: We are uncertain what the term "company" in the inquiry refers to. If it

refers to the George Living Trust (which is not a "company"), the answer is "None." If it refers

to Spanos Inc., the answer is "Unknown, though Mr. Gus Dinos may have further information."

24. Identify the company employee(s) who searched for insurance policies and records in response to this inquiry.

Response No. 24: We are uncertain what the term "company" in the inquiry refers to. If it

refers to the George Living Trust (which is not a "company"), the answer is Mr. Spanos and the

undersigned counsel, and employees of the broker and Travelers. If it refers to Spanos Inc., the

answer is "Unknown, though Mr. Gus Dinos may have further information."

Additional Information Requested

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25. Identify the company employee(s) who searched for insurance policies and records. If you have any other information about any other party(ies) who may have information that may assist the Agency in its investigation of the Site, or who may be responsible for the generation of, transportation to, or release of contamination at the Site, please provide such information. The information you provide in response to this request should include the party's name, address, type of business, and the reasons why you believe the party may have contributed to the contamination at the Site or may have information regarding the Site.

Response No. 25: See Response No. 24. Mr. Gus Dinos "may have information." He is

identified because he was the President of Spanos Inc. since at least 1988, and was the person in

charge of Spanos Inc. on a day-to-day basis since at least 1968.

26. If you have reason to believe that there may be persons able to provide a more detailed or complete response to any of these questions or who may be able to provide additional responsive documents, identify such persons and the additional information or documents that they may have.

Response No. 26: Mr. Gus Dinos, president of Spanos Inc.

27. ' If any of the documents solicited in this information request are no longer available, please indicate the reason why they are no longer available. If the records were destroyed, provide us with the following:

a. the document retention policy between December 31, 1964 and the present.

b. a description of how the records were destroyed (burned, trashed, etc.) and the approximate date of destruction.

c. a description of the type of information that would have been contained in the documents.

d. the name, job title and most current address known by you of the person(s) who would have produced these documents, the person(s) who would have been responsible for the retention of these documents; the person(s) who would have been

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responsible for the destruction of these documents; and the person(s) who had and/or still may have the originals or copies of these documents.

e. the names and most current address of any person(s) who may possess documents relevant to this inquiry.

Response No. 27: Not applicable.

* * *

The Responses set forth above incorporate the Declaration of George A. Spanos attached

to the "Information Submission and Request for Meeting Regarding the Agency's Proposed

Filing a Lien Pursuant to CERCLA § 107(/)" submitted to the Agency on May 4, 2012 (the "Lien

Response Submission") and the Lien Response Submission itself. Please call the undersigned if

you have any questions.

cc: Mr. George A. Spanos

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Documents

104(E) RESPONSE - GEORGE A. SPANOS LIVING … D.C. in around 1959 or 1960 and receiving some training in dry cleaning machine maintenance, ... Michael A. Hendershot, Esq. May 4, 2012