Judge won't block Umatilla incineration permit

From Bend.com news sources
Posted: Wednesday, July 28, 2004 1:15 PM
Reference Code: PR-17033


July 28 - Oregon Circuit Court Judge Michael Marcus issued his opinion Monday in a lawsuit filed against the Oregon Department of Environmental Quality and the Oregon Environmental Quality Commission by GASP and other environmental groups and individuals.

The lawsuit - informally referred to as "GASP III" - sought judicial review of the commission’s decision declining to revoke or modify the Umatilla Chemical Disposal Facility hazardous waste storage and treatment permit, as requested by the GASP petitioners.

Judge Marcus did not find any legal basis to reverse the commission’s decision not to revoke the permit. The judge also found no legal basis to require a permit modification, with one exception. The commission’s order was remanded for further consideration of a permit modification that would require the permittees to notify workers of their right to freely report any safety or other concerns to their employers and/or to DEQ without fear of retaliation.

DEQ officials said Wednesday they intend to promptly comply with Judge Marcus’ order. An appropriate permit modification to address the court’s concerns will be considered in the very near future.

If the permit is modified to comply with the court’s order and all other regulatory requirements are met, the EQC intends to proceed with its currently scheduled Aug. 13 meeting in Hermiston, during which it will decide whether to authorize the permittees to start incinerating chemical agent. UMCDF co-permittees are the U.S. Army Umatilla Chemical Depot, the Army’s Program Manager for Elimination of Chemical Weapons and the Washington Demilitarization Company.

For more information, contact DEQ by mail, e-mail or fax. Write to Shelly Ingram, Oregon Department of Environmental Quality, Umatilla Chemical Demilitarization Program, 256 E. Hurlburt Ave., Suite 105, Hermiston, OR 97838, fax Ingram at (541) 567-4741, or e-mail Ingram at ingram.shelly@deq.state.or.us.