Suit: Army Would Violate Law with VX Transit
By Jack Fichter
TRENTON: (12.28) Citing fear of spills, terrorist truck hijackings and danger to humans along 750 miles of roads -- and unknown danger to marine life, Delaware Riverkeeper Network has filed a complaint in U.S. District Court against the U.S Army to stop the transport of VX nerve agent waste to this New Jersey for further processing and dumping in the Delaware River.The suit filed by the Delaware Riverkeeper Network and five other organizations cites a federal statute that bans transportation of chemical weapons across state lines.
The Army proposes partial treatment of VX at Newport, Ind. Chemical Depot.
Spokespersons for the U.S. Army and DuPont were unavailable for comment.
It would then be transported by truck over public roads across four states, two to three tank trucks per day, over a period of up to three years.
Their destination: DuPont Chambers Works Plant in Deepwater, just south of the Delaware Memorial Bridge.
"It's dangerous to take this stuff across the highways," said Tracy Carluccio, deputy director of the Delaware Riverkeeper Network. "It's a toxic slurry, it's a mix of toxins."
Carluccio said VX waste (VXH) could be reconstituted in VX nerve agent under suitable conditions such as a significant drop in pH. She said DuPont claims any residual VX will be destroyed by its treatment system at the Salem County facility.
"Why would they go to that extra measure if there is going to be none in there?" asked Carluccio.
The risk from transport, intentional attack, theft, or accidental release is noted in the suit. The suit said while that is unlikely to occur accidentally, it could occur by addition of strong acid, as a deliberate action, which could be the impetus for terrorist attack.
The suit claims the Army has not undertaken necessary studies and documentation under the National Environmental Policy Act (NEPA) regarding impacts of the project.
Under NEPA, the Army would be required to study the details of handling of VXH, the treatment process at the DuPont facility, and how the discharge in the Delaware River would affect communities in the area, groundwater and surface water, and marine and wild-life in and along the river, said Carluccio.
Co-plaintiffs in the suit are the American Littoral Society, Chemical Weapons Working Group, Pennsylvania Clean Water Action, Audubon Societies of New Jersey and Delaware, and New Jersey Environmental Federation.
For the full story, see the Jan. 3, 2007 Herald.