UXO incident at McClellan not the first for contractor

By Jessica Centers
Star Staff Writer
08-20-2004

The investigation into UXO cleanup at McClellan is not the first time the Army and contractor Tetra Tech-Foster Wheeler have been accused of illegally hiding military munitions instead of destroying them. A similar investigation at Rocky Mountain Arsenal in Colorado was resolved two years ago. “I am very much aware of what happened at McClellan, and there’s a lot of similarities between what happened in Alabama and at Rocky,” said Jeff Edson, manager of the facilities remediation and restoration unit of the Colorado Department of Public Health and Environment. “First and foremost, it was the same contractor.” Two years ago in Colorado, a Grand Jury report released to the public said that the Army and Foster Wheeler had lied about finding an M-74 munition, put it back where they found it, and then staged a phony discovery a month later as part of a cover-up. The grand jury report – which the Army disputes – only recommends corrective action and does not indict any individuals or institutions. The matter was later settled with a fine of about $18,000. Last month, the Alabama Department of Environmental Management issued an administrative order stopping the Army’s UXO cleanup at McClellan. The order accuses the Army and contractor Tetra Tech-Foster Wheeler (formerly Foster Wheeler) of removing munitions and then hiding them a short distance away behind trees and under leaves and dirt instead of detonating and disposing of the rounds. A total of 24 “hidden” 81 mm rounds have now been found and determined to be practice rounds, which are not highly explosive. The Army still must investigate everything previously cleared of UXO. Tom Lederle, director of the Army Base Realignment and Closure field office in Hampton, Va., said a few weeks ago he was not aware of any violation similar to what had happened at McClellan. He has since heard about the past investigation in Colorado. “That’s kind of upsetting that the same contractor has had a similar problem at two installations,” Lederle said. Lederle believes an isolated group of individuals was responsible for the incident at McClellan. For Pete Conroy, a member of the Anniston-Calhoun County Joint Powers Authority board, the jury is still out. “This situation has clearly gone from bad to worse,” Conroy said. “But operating under the premise that crisis is opportunity, I have to be hopeful that the Army and ADEM will do the right thing.” The right thing, Conroy said, is to convince the community that the cleanup will be done properly. Charlie Scharmann, program manager for cleanup at Rocky Mountain Arsenal, said an Army investigation found that Foster Wheeler did not do anything wrong. The company, under its new name of Tetra Tech-Foster Wheeler, still is the major contractor at the arsenal. Scharmann said the subject of controversy was a shell casing and did not pose a safety risk. The state and Army ultimately agreed to disagree, he said, determining only that they could have communicated better. ADEM said what happened in Colorado would not influence their investigation. “We are aware of the historical nature of what occurred and what was published on the matter but what was factored into ADEM’s order was of its own accord and not related to anything out west,” said Jim Grassiano, ADEM chief of engineering services. Edson – who backs up the grand jury report – said the problems at both bases cause him to question how persistent these types of violations are in the world of UXO cleanup. Both the Rocky Mountain and McClellan investigations were sparked by a whistleblower within the company, Edson said. “If in these two incidents we didn’t have the honest folks in the field, would we ever know about it?” Edson asked. “The answer is probably no.” Perhaps, he said, the military’s contracts might be so incentive-laden that they actually encourage contractors to do unlawful cleanups. “I think McClellan and the arsenal has opened our eyes,” he said. “There is discussion as to whether we need to create some sort of policy or objectives to change the way contractors are overseen.” Edson questioned whether the investigation in Colorado was considered when Tetra Tech-Foster Wheeler was awarded the contract. Adequate documentation and research of violations are needed, especially when awarding multi-million dollar contracts, he said. Dan Coberly, spokesman for the Army Corps of Engineers- Huntsville, said the Fort McClellan contract with Tetra Tech was awarded in 1999, prior to the Colorado incident. Regardless, he said, there was never any definite finding of wrongdoing against the company resulting from the Colorado investigation. If there had been, Coberly said, that information would have gone into the system.

About Jessica Centers

Jessica Centers, a University of Missouri graduate, covers business for The Anniston Star.