Off Base Sampling

[Steven Pollack <themissinglink@eznetinc.com>]

I remember reading in CERCLA somewhere in a section detailing public
participation, that the public can recover remediation and testing costs
from the responsible party when the party has not done the work
themselves.  This should be an area to look into.

Also, if the DOD is making a distinction between base and off-base
contamination through the use of selective testing, then for purposes of
the National Contingency Plan the off base toxins should be considered
for a separate Superfund site.  I successfully petitioned the EPA to
force the Army to conduct a Site Investigation  into the off base
artillery in Lake Michigan after their initial refusal.  You can too.
E-mail me and I will send you a copy of my petition.


U.S.C. Title 42, Chapter 103,subchapter 1, § 9605. National contingency
plan
Any person who is, or may be, affected by a release or threatened
release of a hazardous substance or pollutant or contaminant, may
petition the President to conduct a preliminary assessment of the
hazards to public health and the environment which are associated with
such release or threatened release. If the President has not previously
conducted a preliminary assessment of such release, the President shall,
within 12 months after the receipt of any such petition, complete such
assessment or provide an explanation of why the assessment is not
appropriate. If the preliminary assessment indicates that the release or
threatened release concerned may pose a threat to human health or the
environment, the President shall promptly evaluate such release or
threatened release in accordance with the hazard ranking system referred
to in paragraph (8)(A) of subsection (a) of this section to determine
the national priority of such release or threatened release.

In carrying out this subsection, the President shall ensure that the
human health risks associated with the contamination or potential
contamination (either directly or as a result of the runoff of any
hazardous substance or pollutant or contaminant from sites or
facilities) of surface water are appropriately assessed where such
surface water is, or can be, used for recreation or potable water
consumption. In making the assessment required pursuant to the preceding
sentence, the President shall take into account the potential migration
of any hazardous substance or pollutant or contaminant through such
surface water to downstream sources of drinking water.


Steven Pollack
steve@familyjeweler.com