[CPEO-MEF] REUSE: "Wisconsin Challenges Army on Pesticide Liability" at Badger plant

[Lenny Siegel <LSiegel@cpeo.org>]

From: "Laura Olah" <cswab@merr.com>

CSWAB UPDATE
November 15, 2012

Wisconsin Challenges Army on Pesticide Liability

The Wisconsin Department of Natural Resources (WDNR) is challenging  
an Army proposal to shift liability to the state for any disturbance  
or release of pesticide residues that may be found in soils at the  
Badger Army Ammunition Plant.

The Army included the language in a draft Finding of Suitability to  
Transfer (FOST) document for three land parcels slated for transfer  
to the WDNR for recreational activities.  The parcels consist of a  
total of 503.68 acres and no buildings.  The Army previously used  
this land for the manufacture of double-base propellant used in  
rocket motors.

The Army's September draft FOST gives notice that pesticides were  
applied in accordance with federal law and includes a clause  
stipulating that if the state takes "any action with regard to the  
property, including demolition of structures or any disturbance or  
removal of soil that may expose, or cause a release of, a threatened  
release of, or an exposure to, any such pesticide, [the state]  
assumes all responsibility and liability therefor."

In an Oct. 31 letter to the Army, the WDNR said that it wants the  
pesticide liability deferral language dropped, arguing that the Army  
is responsible for such contamination. "This is not acceptable to  
WDNR and the Department requests this section be removed," the state  
said.

"[W]e expect the Army to fulfill its responsibility for defining the  
degree and extent of the contamination and promptly completing any  
remedial actions deemed necessary to meet applicable rules in the  
event pesticide contamination requiring a response action is  
discovered," WDNR said.

The draft language shifting responsibility from the Army to land  
recipients coincides with a new federal policy which could require  
cleanup of residual pesticides found in soil.

The U.S. Environmental Protection Agency (EPA) recently determined  
that the Army is required to remediate residual pesticides left in  
soil if they are no longer serving their intended uses.  The Army and  
EPA are currently at odds over this policy which requires that  
residual pesticides can be regulated as hazardous waste and trigger  
cleanup requirements.

EPA determined that pesticide residues that are considered  
"discarded” are a solid waste that is subject to environmental  
regulation.  The determination is dependent on site-specific factors  
such as plans to demolish buildings or future land use plans.  For  
example, at the Kansas Army Ammunition Plant, EPA found that residual  
termite treatments on buildings that were later demolished were  
subject to such regulation.

Citizens for Safe Water Around Badger has asked state and federal  
regulators to help clarify the potential implications for the  
environment and future use at Badger.  More information is available  
on the organization’s website at www.cswab.org .

-END-

Help support CSWAB by making an on-line donation today!  The  
following link will take you to the Community Shares of Wisconsin  
website.  Under the Gift Information section select “Citizens for  
Safe Water Around Badger”.

https://app.etapestry.com/hosted/CommunitySharesofWisconsin/ 
OnlineGiving.html
 (CSWAB is a registered non-profit organization so your gift is tax- 
deductible.)

--
Laura Olah, Executive Director
Citizens for Safe Water Around Badger (CSWAB)
Merrimac, WI  53561
(608)643-3124
info@cswab.org
www.cswab.org


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