1999 CPEO Military List Archive

From: CPEO Moderator <cpeo@cpeo.org>
Date: Wed, 22 Dec 1999 10:58:31 -0800 (PST)
Reply: cpeo-military
Subject: [CPEO-MEF] Sixty Day Notice for Hunters Point
 
[This message was posted to the listserve by Arc Ecology <arc@igc.org>]

Dear CPEO,

Please post the following to the list serve.  Thanks.

December 16, 1999

NAVY'S CHRISTMAS GIFT TO SAN FRANCISCO: POISON TO BE LEFT IN SHIPYARD. 
NAVY MISMANAGES CLEANUP OF PARCEL B, NOW ATTEMPTS TO ABANDON TOXINS


GROUPS SAY ENOUGH IS ENOUGH: SF ENVIRONMENTAL AND COMMUNITY GROUPS, AND 
BAYVIEW RESIDENTS NOTICE NAVY OF INTENT TO SUE OVER HUNTERS POINT 
CLEANUP

The Navy is attempting to renege on its agreement with the Environmental 
Protection Agency establishing levels and objectives for the cleanup of 
the 80-acre Parcel B on the Hunters Point Shipyard. The plan, which has 
widespread community support, requires the Navy to clean the Parcel for 
unrestricted reuse, which would allow vegetable gardens and residences. 
Instead of finishing the required cleanup, the Navy halted all work on 
the remaining toxic hot spots on Parcel B and now says the plan is 
unworkable.

"The Navy has failed and refused to fully perform the remediation of 
Parcel B as agreed in the ROD (Record of Decision or cleanup contract), 
and ESB (Explanation of Significant Difference), and is therefore in 
violation of the CERCLA (Superfund) and the Federal Facilities 
Agreement. First, although the Navy agreed to excavate contaminated soil 
from approximately 103 "soil excavation areas," located throughout 
Parcel B, the Navy has conducted excavation at only 83 such areas. 
Contamination thus remains unabated, at approximately 20 other areas and 
presents a risk to human health. Second, even in the 83 soil excavation 
areas where the Navy has conducted some amount of excavation, the Navy 
has failed to remove all soil containing hazardous substances at 
concentrations exceeding the cleanup goals, as it had agreed to do in 
the ROD and ESD. The Navy's own reports demonstrate that contamination 
in excess of the cleanup goals remains in numerous soil excavation areas 
with Parcel B, including without limitation at least 45 soil excavation 
areas where the Navy has conducted some excavation."  Notice of Intent 
to Sue, December 16, 1999

In response, a coalition of City-wide and Hunters Point Bayview 
Environmental and Community groups and individuals citizens has put the 
Navy on notice that they will take it to court over its bad faith 
management of the cleanup of the City's only federal Superfund site. 
"The subject of the suit will be the Navy's actions, or inactions, at 
Hunters Point Shipyard. Plaintiffs will allege the Navy has violated and 
continues to violate, the Comprehensive Environmental Response, 
Compensation and Liability Act, the Federal Facility Agreement for 
Hunters Point and the Solid Waste Disposal Act." Said the sixty day 
notice delivered today to the Navy.

"The situation is intolerable," said Saul Bloom, Executive Director of 
Arc Ecology, the group that organized the coalition filling the notice. 
"We have waited more than three years for the Navy to get on with the 
cleanup of this Parcel. Now, because of its incompetent investigation, 
the Navy is finding more pollution than it expected. Instead of rolling 
up its sleeves and getting on with its commitment, the Navy's strategy 
is to weasel out of its agreement unilaterally and force San Francisco 
to accept the property in a seriously contaminated condition." Arc 
Ecology has lead environmental efforts to get the Shipyard cleaned up 
since 1986.

"The contents of the agreement between the Navy and the EPA were based 
on the Navy's own data and the cleanup agreement has broad community 
support," said Olin Webb, a long term Bayview resident and director of 
Hunters Point Bayview Community Advocates. "The Navy's failure to get on 
with the cleanup is helping to keep this community in poverty by 
preventing the economic development of the base."

"As a Shipyard neighbor, and the current Community Co-Chair of its 
Restoration Advisory Board, with four years of experience as a volunteer 
on the RAB, I have been an eye witness to the Navy's disregard for 
community concerns," said Jill Fox. "The Navy has allowed schedules to 
slip without regard to its agreement with the EPA, or the community's 
strong desire for the rapid reuse of the base. The Navy has ignored our 
requests for a paid community liaison, an on-site information office 
although the base has hundreds of empty offices - and has not enforced 
the local hiring provisions in their cleanup contracts. Most 
importantly, the Navy has ignored the cleanup methods and levels in the 
Record of Decision that they themselves had negotiated with the EPA. I 
welcome the opportunity to participate in this action."

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