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LOCAL NEWS
Anniston facility cited for 9 violations of state work permit
By Todd South
Star Staff Writer
10-31-2007
on Anniston Chemical Agent
Diposal Facility (.pdf)
The Alabama Department of Environmental Management fined the Anniston Chemical Agent Disposal Facility $49,600 on Tuesday for nine violations of the facility's state work permit that occurred between Aug. 1, 2006 and Aug. 7, 2007.
The violations ranged from incorrect processing procedures to using equipment that was not working properly.
At no time did the facility release chemical agents or expose workers or the public to danger, ADEM and ANCDF officials agreed.
The fine is part of a civil action known as a consent order, the highest level of citation ADEM can order, said Scott Hughes, spokesman for the department.
The department can send a warning letter, basically telling an organization that it needs to correct behavior, and a notice of violation, which informs the offender that it has violated its permit parameters.
ADEM issued notices of violation to the facility on Dec. 18, 2006, and April 12, 2007.
The department does not have to go through the process; it can issue a consent order immediately depending on related factors to the violations.
To establish the fine ADEM looks at seven factors, including seriousness of the violation, the standard of care the offender took to prevent the violation, and history of previous violations.
ADEM found that ANCDF "did not cause any detected releases of agent or hazardous constituents," which lowered the severity of the violation, according to the consent order.
The order also read that ANCDF addressed issues immediately and took correct actions to solve problems.
But the agency did decide that the facility did not exhibit appropriate standard of care to prevent the violations.
And it found that ANCDF "has a history of similar violations." Within the last 65 months ANCDF has had six warning letters, six notices of violations and one consent order, according to the report.
ADEM bases the amount of the fine on the seven factors, said Jerome Hand, a spokesman for the department.
Hand said the lowest fine is around $1,000 and the most the department can issue is a $250,000 fine.
The current fine is a negotiated settlement between ADEM and ANCDF.
The department has lowered what it believes is the appropriate amount of fine to resolve the problem and avoid expensive litigation, according to the consent order.
Mike Abrams, public affairs officer for ANCDF, said most of the violations involved monitoring or disposal of decontamination solution or carbon monoxide.
The violations were isolated incidents, which have been resolved and there is no trend of problems with procedures at the facility, Abrams said.
Timothy Garrett, project site manager for ANCDF, said all of the violations had been addressed and in each instance workers have received additional training to reinforce proper procedure.
He added that all equipment problems had also been corrected.
Abrams said the facility reported six of its violations to ADEM. The department discovered others through a review of records.
ADEM monitors the facility 24 hours a day and seven days a week and regularly reviews logs and records from operations, said Hughes.
Since chemical munitions disposal began in August 2003 more than 97 percent of the storage risk has been eliminated.
Abrams said the facility has demilitarized 34.4 percent of the chemical weapons stockpile.
All chemical munitions disposal should be finished by August 2013, according to the contract the U.S. Army has with Westinghouse Anniston.
The consent order is open for public comment within 30 days of the Oct. 30 notice. Interested persons may write to the Alabama Department of Enviornmental Management, attention Mr. Wm. Gerald Hardy, Chidf of the Land Division, PO Box 301463, Montgomery, AL 36130-1463.