NCD980602163_19970616_Warren County PCB Landfill_SERB C_Responses to Memo from PCB Working Group Chair to Members re Meeting with Secretary Howes-OCR

t 06 /15/1997 05:06 9192572504 CHAPELSOUTHERNLIGHTS F"AGE 01
; bcl ~;1/f:
ti?--:J,,Lune 16, 1997
~ To : Bishop Robert Johnson, The Episcopal Diocese of North Carolina
Bishop Gary Gloster, The Episcopal Diocese of North Carolina
From: Ken Ferruccio
Subject: Reaponsea to Enclosed Memo from PCB Working Group Acting
Co-Chairs Dome Burwell and Henry Lancaster to PCB Working Group
Membera Concerning May 29 Meeting with Secretary Jonathan B. Howes
Number c:A Pages: Six ( This cover page, a four page statement, and the memo to
whieh I'm responding)
' 06/16/1997 06:06 9192572504 CHAPELSOUTHERt~LI GHT~;
~ elraptlo{tk~~
acumenieal education. ~
environmental
.,,. Date: June 16, 1991
To : PCB Working Group Members and Science Advisors
Copies: James B. Hunt, Jr., Governor of North Carolina
From :
Joan Weld, Environmental Advisor to Governor Hunt
Jonathan B. Howes, Secretary, NC DEHNA
BUI Meyer, Division Director, NC Solid and Hazardous Waste
John Hankinson, Region IV EPA Administrator, Atlanta, Georgia
Bishop Robert Johnson, The Episcopal Diocese of North Carolina
Bishop Gary Gloster, The Episcopal Diocese of North Carolina
Local I State/National News Media
Internet
erruccio, Spokesperson, Warren County Citizens Concerned
About PCBs, 1978 -1981
Spokesperson/President. Warren County Citizens
Concerned About PCBs. 1981 -1983
Co-Chair, Joint Warren County/State PCB Landfill Working
Group, 1993-1996
F"AGE 02
Subject: Responaea to Enclosed Memo From PCB Working Group Acting
Co-Chairs Donte Burwell and Henry Lancaster to PCB Working Group
Members Concerning May 29 Meeting with Secretary Jonathan B. Howes.
I would llke to respond to two statements In the encloaed memo:
( I ) "'[Secretary Howes] encouraged the Co•Chafrs to propose a new
structure for the Working Group as soon aa possible."
Re1pon1e
The PCB Working Group already voted more than six months ago on hOw it is to be
restructured. When the membership expired in December 1996, the acting co-chairs
submitted to the Working Group a draft proposal that the original seven cittzen seats
ha rllillf'U annrf tn fn11r: hnuwu ,n.-, I• •-"•• ••• •k• •• •• • .a. .1.J ~..,--t ...... Ill-..,, , , ..,~, w.-., •Mo11~1..,, ,,
the Working Group voted to increase citiZen representation to nine seats. An ad was
placed in The Warren Record to invite new citizens to join citizens who wished to
continue on the Working Group. The citizens wishing to continue on the Working
Gn;>t.l) _pl~a me. nflW Giti~nJJlftmbflrR Game !D.1' tn.t~. t'UJJi[l'. .r~ .r~,;iostltvrD'i, I '-V-
ohoir mo11e,9 Tti.i~ was tl-.a ~ro~MI ti ,al avU11~ vv-1;.;li~lr H~rn y Lancaster was m nave
111111111 1•1 11 I ! II fl I I !
06/16/1997 06:06 91 92572504 CHAPELSOUTHERNLIGHTS PAGE 0~:
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Working Group has yet to be offlclatly and legally reconstituted.
Furthermore, It 11 to be noted that the Working Group Intended that lte
recommendations tor restructuring go vie Lancaster directly to the
Secretary for hla direct response to the Working Group. The Working
Group did not vote that the acting co-chairs submit to the Secretary a
restructuring proposal different from what the Working Group had voted
on or that a "new structure" be presented to the Worktng Group prior to
the Secretary's response to the Working Group's orlglnal restructurtng
propoeal.
( 2 ) "The Secretary Is Interested tn moving the project forward at
a reasonable pace and recognizes the need for stable leadershlp and
Input."
fttlPRDI!
I agree with the Secretary that the project should move along at a reasonable pace ;
however. the fact that the Working Group has not been officially and legally
reconstituted for more than six momhs does not indicate a reasonable pace. The fact
that the PCB Wort<ing Group was formed in 1993 and has yet to complete two simple
pilot studies on which to base the detoxtflcatjon decision does not indicate a
reasonable pace.
I agree With the Secretary that the PCB Working Group needs stable leadership and
input. Therefore, since according to Mike Kelly's statement in the Henderson Qi§Patch
(June 12: I A), there is" no urgency tor detoxification,· there would seem to be (from
the state/ EPA point of view) no urgency to detoxify the water in the landfill before the
case for technical feasibility of full-scale detoxification of the landfill has been
decided one way or the other. This would be consistent with the stable and
responsible position that some members of the Working Group have taken from the
beginning and is consistent with the framework that informs the Working Group.
Concerning the history of the PCB/dioxin landfill crisis, It Is r99rettable
"\¥.\J[l~f:JDnll~' lft'&'\;llHL'i:.W'\W'"alm, /n&/3', '!l'Q•~IIUl~rlWi'p 'iR~' .~iut
would seem to be lncompatlble with the followlng facta:
( 1 ) Hunt's 1981 Waste Management Act , preempting the democratic process and
human rtghts of communities targeted for toxic, hazardous and nuclear waste facilities
on matters of siting. An enlightened and stable teadershlp would have understood the
fundamental incompatibility of such preemptions with the preservation of political/
social stability.
06 /16/1997 06:06 9192572504 CHAPELSOUTHERNL I GHT'.::; F'AGE [14
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( 2 ) Hunt's using a million dollars of force in 1982 to open a PCB landfill in one of the
most economiealty deprived counties in North Carolina and thus triggering the largest
nol'lVk:>tent civil di90bedience in the South since Dr. Martin Luther King, Jr., marched
through Alabama would not seem to reflect stabte state I EPA leadership and input.
( 3 ) EPA's approval of the PCB landfill In noncompliance with federal regulations ( for
example, the absence of the indispensable bottom leachate collection system) would
seem Incompatible with stable EPA I state leadership and input
( 4 ) The state's capping a ·dry tomb" landfill containing a million gallons of PCB -
contaminated water and arguing for years that the landfill is successful instead of
admitting that the landflll failed and is in fact illegal in its present condition does not
reflect stabte state I Epa leaderShip and input.
( 5) The decision in 198:3 to pump water from the landfill into nearby Fishing Creek,
thus triggertng the second civil rights movement, would not seem to reflect stable EPA/
. state leadership and input.
( 6 ) Concealmg data documenting significant levels of PCB air emissions from the
landfln in 1983 and not putting a $180. filter on the landfill's vent until December 1997
( and onty after kidependent scientists had disctosed the air emissions data to the
Worktng Group ) would not seem consistent with stable EPA / state leadership and
input.
( 7 ) The recent EPA/state strategy to try to pump and decontaminate the water from
the landftll before the data on which to base a deeision concerning full-scale
detoxtic8tton has been evaluated would seem to be incompatible with stable EPA I
state leadership and input. Thia would seem eepeclally true In light of the
state•• recent pubtlc atatement In Jhe Hender1gn Dfapatch that there la
"no urgency for detoxification," and because from my view auch an action
would tacmtate circumventing Govemor Hunt's 1982 pledge of full-acale
detoxtflcatton (given technlcal feaslblllty) and thus trlgger yet another
clvll rtgttta ,..ponee to this stable EPA / state leadershlp and Input.
( 8) GOY9rnor Hunt's 1982 promise to the people of Warren County to detoxify
the landftlt was based on the technical feasibility of detoxification, not on whether
or not the tandfttt was leaking. The purpose of the Working Group since 1993 has been
to estabHsh whether or not detoxifieaUon is technicalty feasible and to present its
recommendations to the Governor. Yet, for more than four years now, the state
hae yet to do the one thing neceaaary for detoxification --namely, to
complete two almpte pllot studies on which to base the Working Group'•
I ·• I
I ,
1...,~l'""t:.LOULI I nt:.r<:l'lL J. <.:In I ~ r Hi...1C.. t_::_1
4
~ldlltlone. The atate's four-year Inaction concerning the
tectmn.f te■afbHtty study for fufl-acale detoxHlcetlon Ind the atete••
ln•stlon to pump prior to lta completion of the teaslblllty atudy· mtect•
neither an tnleteel to move the project forward et a reaaonable pace nor
an ,,,.,... tc prO'ltde atable leadership tor the cltlze~• of Warren County.
On Jllnftry ,, 197'1, EPA-held a publlc hearing In Wltrenton and told
the P'OPI• ttm a state-of•tt.art PCB landffll would bt con1tru~.
How•..,, •CCOtdtt'tg to Independent actenttets, the l>Ottom leachate
coUectlon eyatem which appeared In the orlglnat des~gn ••• never
lnstlll.ct, end t,_ lanclfll1 waa therefore built In nonc<>mpllance with
federal regutatfona, nevet worked properly, and has blNn In
noncompnance ever since. In September, 1982, the •bite opeMd
the tandftff wfth the u• of force. Since then, the state and the EPA
haw CMWed up the truth about the landfm because of laauea pertaining
to co,tffleflng 11 ........ ta and llablnty. The mo.t obvtoua; cover-up tactic ha•
been 1o delay the comptetton of the technical fNalblll'y atudy for full-
acate CNto,cfflcatton becauee full-scale detoxification •ould require
opefttng ·the lancfflll and expoatng the truth about lta ¢bntenta and
condfttOfl, ...,_ eertou1 Hablllty and confllct-of.;lntereat question., and
requtf9 MUiiane Of dollars.
Aevtewmg the history, I find that whlle ctUzena continue to try to pu9h the
ctetoxtftc•tlon ;:,roce.a forward at a .-.aaonable rate, s141te and l!PA
offl~ try to nold the truth concerning the faffed PCEI landfill
and· te d!May detoxification action, no matter the coat to Warren
COuftt;'• enltfronment, health. and natural resources, no matter the coat
to NcA It, C.rot1na'• reputation. The ltlte'e avolehlnce • and denlal
etrategt .. do not reflect the kind ot leaderahlp that wlll te•d to • at.ble
economtc and environmental future for Warren County and for North caronea. 1 :
I I
I M
June 12, 1997
To :
From:
Re:
PCB Workina Group Members
Dollie 8urwell
Henry M. Lancaster, U
Information l.lpdatc
Th~ Co-Chairs met 'Nith S~<'rtt&ry Howt$ or, Ma.y 29, 1997 to revtf'W several issues
related to the PCB Jandfi)l in \\'men County . Secretary Howes restated thf! Administration '5
commitffltnt to detoxification of the landfill. He pled1ed continued support of the effort Md
exprencd his si1'cere appredation for tht p~r!!m,al sac.nfice v.orking group member, have rnade
to advance detoxification efforu.
Secretary Howes al,o rea.ftinned his commitment to a joint stafe/citizen approach to input
and ovcrsipt of the effort. Ht encouraged the Co -Chairs to propose a n~w structure for the
working aroop as soon as possible . The Secretary is interested in n,ovin11 the project forward !t a
reasonable paee and ~snizes the need for stable leadership and 1nput
Secretary Howes 4''<prc1sed support for continued use of the ,cience advi,or model . Ht
too appreeiatl!s the need tor translation of highly t~chnicaJ information intn lay pcrs<ln t~rms and
understads that a bettf!t informed cttizenn· will foster conscn!IUJ. Secretary Howt, ~t11ted that
the bu!ineu of the Wor1dns; Group 9hould go cm as usual UJ1til further notice.
The Co-Chairs met with Mike Kelley on June 11. I 997 to plan for and address a nu.m~r
of issues, includin& budaet, for dhcussiM with the Working Grnup. Thof:e items will be placed
on the next meetina •a~nda. One it~m in particular however will be the convenin1 ol a tcehnical
committee meeting {Ot a tour and npdatt of activity at the IAndfill. Membeu will be cl'ntAc1ed by
Doris Fleetwood about the mectinR . The nnt workini group meenng will be 5Cheduled when
the Science Advisou indicate that they are P"'pared to present the results of the rccetit samplmi;
at the landfiU.
h~ clo!in1. the Co~Chain will be meeting with Scnaror frank Ballance to updal~ him on
is,ues and di,c.uss funding strateaits