DTSC Steps Forward in Benicia

[Lenny Siegel <lsiegel@cpeo.org>]

DTSC STEPS FORWARD IN BENICIA

At the end of our last episode, the residents of the Bay Area community
of Benicia were left dangling over a procedural precipice as
California's Department of Toxics Substances Control (DTSC) decided what
role to play in the remediation of the Tourtelot property, part of the
former Benicia Arsenal where unexploded ordnance has been found. Now the
Department has taken a decisive, carefully considered step. On May 20,
Ed Lowry, the new DTSC Director, sent a letter to Benicia's city
manager, Otto Giulani. Lowry wrote: 

"I have decided that, given the nature and complexity of this site, DTSC
will issue an enforcement order under the Health and Safety Code to
oversee this investigation and remediation. As you know, DTSC has been
established by law as the primary agency for the cleanup of hazardous
wastes and hazardous substances. Your letter mentions a 'confirmatory
oversight role' for DTSC. Such a role is not a normal role for DTSC, nor
one for which we have authority under the Health and Safety Code.
Participating in such a way, which is outside our normal regulatory
role, could also raise liability issues for the State....

"There is little history to guide us on the investigation and
remediation of UXO property for residential purposes. In some cases,
there have been tragic consequences no one wants to see repeated. There
are sites in California and elsewhere in the country where ordnance
clearance has take place but where subsequent accidents have occurred.
One such property is the former Camp Elliot (Tierrasanta) in San Diego
County. In 1983, two children were killed by a 37 mm high explosive
shell in a residential area open space, not unlike the south valley area
at the Tourtelot property where similar ordnance has been found.

"Through discussions with your staff and USACOE [the U.S. Army Corps of
Engineers], we understand that the agreement between the City and USACOE
provides for the oversight of field work to ensure the ordnance and
explosive workers and/or the surrounding neighborhoods are not placed at
unacceptable risk during the investigation and remediation. The
agreement does not provide for USACOE to evaluate or approve that the
level of effort by the developer will be sufficient to protect the
anticipated future residential use planned at the site...."


-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@cpeo.org
http://www.cpeo.org