Running head: MANAGER 1

Simply Green Products

James LeBlanc

Strayer University/Maitland Campus

Dr. Davis

Legal 100

December 14, 2014

MEMORANDUM OF RECORD

TO : President Shep Howard

FROM: James LeBlanc, Simply Green Products Risk Manager

SUBJECT : SafePack Materials Pollute Environmental Group

Mr. Howard, I have been charged with giving you the most advantageous and knowledgeable information so you will be able to make the best and most informative decision on whether to get legal counsel involved. I will answer three main questions and give you the most up to date information that you will need to make the best decision.

1.The Environmental Group is stating that we are in violation of Clean Water Act and Solid Waste Disposal Act. The elements that must be present in order for one to prove a valid claim under the law(s) specified under the Clean Water Act according to the Bureau of Energy Management “The CWA made it unlawful for any person to discharge any pollutant from a point source into waters of the United States, unless a NPDES permit was obtained under its provisions.”

2.To be in violation of the solid Waste Disposal Act there are seven elements that have to be met According to Cornell Law there are seven elements under 42 U.S. Code Chapter 82, Subchapter III - HAZARDOUS WASTE MANAGEMENT sub section 6928 in brief it states that a person cannot knowingly treats, stores, or disposes of any hazardous waste identified or listed under this subchapter, knowingly omits material information or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with regulations promulgated by the Administrator (or by a State in the case of an authorized State