News Release

For release: June 21, 2007

Contacts:
Rich Duval, Umatilla Chemical Demilitarization Program Administrator, Hermiston, (541) 567-8297, ext. 22
Les Carlough, Office of Compliance and Enforcement, Portland, (503) 229-5422
Phil Hodgen, Communications and Outreach, Pendleton, (541) 278-4609

DEQ Issues Multiple Penalties Totaling $284,600 To Co-Operator of Chemical Weapons Incinerator in Hermiston

Washington Demilitarization Co. LLC reported numerous hazardous waste and permit violations that occurred in late 2006 and early 2007

The Oregon Department of Environmental Quality (DEQ) has issued three separate penalties against Washington Demilitarization Co. LLC, which operates the Umatilla Chemical Agent Disposal Facility in Hermiston along with the U.S. Army. The facility, which operates under a Hazardous Waste Treatment and Storage Permit issued by DEQ, incinerates stockpiled chemical weapons from the Army-owned Umatilla Chemical Depot.

The penalties are for a wide range of permit and hazardous waste violations that occurred in late 2006 through early 2007. Most of the violations were self-reported by Washington Demilitarization and others were discovered through DEQ investigations.

The three combined penalties total $284,600.

A penalty totaling $206,400 covers violations that occurred during the last half of 2006. DEQ conducted an investigation of the violations after they were reported in Washington Demilitarization's Quarterly Self-Reported Noncompliance Reports.

The violations included:
á        Failing to properly operate its Automatic Waste Feed Cut-Off systems while feeding hazardous waste into the facilityÕs Deactivation Furnace System and Metal Parts Furnace
á        Exceeding the permitted waste feed rate to the Metal Parts Furnace
á        Failing to properly operate one chemical monitor for a twelve hour period.
á        Improperly operating exhaust filters in the Metal Parts Furnace
á        Failing to determine whether waste generated at the facility was hazardous waste prior to shipment off-site for recycling.

DEQ identified three other violations after investigating the facility:
á        Failing to keep a container of hazardous waste closed
á        Failing to follow the facility's Contingency Plan
á        Failing to notify DEQ of changes in operation of equipment from approved designs and specifications within the time frame required by the permit.

After additional self-reporting from Washington Demilitarization and follow-up investigations by DEQ in January and February 2007, DEQ assessed another penalty, totaling $22,200. Violations cited included improperly operating the Automatic Waste Feed Cut-Off System while treating hazardous waste, and failing to keep a container of hazardous waste (a 55-gallon container of personal protective equipment) closed.

In its March 1, 2007 Potential Noncompliance Report, Washington Demilitarization reported that it failed to conduct annual inspections of nine primary containment sumps and one secondary sump in the Munitions Demilitarization Building, as required by its permit. These violations led to a penalty totaling $56,000.

"DEQ is concerned about the repeated violations at the facility involving improper operation and monitoring of incineration equipment," said DEQ Eastern Region Administrator Joni Hammond. "I know that Washington Demilitarization has taken major steps to correct these violations and is working to reduce the frequency of the violations. Overall, we are satisfied with the direction the facility is moving."    

Washington Demilitarization and the Umatilla Chemical Depot have undertaken extensive investigations to determine the system limitations that led to these noncompliance events. Several procedural changes and system upgrades have been implemented, which have greatly improved the facilityÕs compliance performance during the second quarter of 2007.

Appeal procedures allow 20 days for Washington Demilitarization to appeal these most recently assessed penalties.