for more information contact:
Brenda Lindell: 256-236-1496
Keith Clark: 334-409-0636
for immediate release: Thursday, April 19, 2001
Reacting to what they call a "blatant disregard for the
safety of Alabama residents," nine community organizations
have joined together in petitioning the U.S. Environmental Protection
Agency (EPA) to take away the Alabama Department of Environmental
Management's (ADEM) authority to issue hazardous waste management
and treatment permits.
The group's Petition asks EPA to withdraw its approval of the
ADEM's hazardous waste program because, "Alabama's legal
authority no longer meets the requirements" contained within
the Federal Statute."
Montgomery attorney Keith Clark filed the Petition today on behalf
of: Families Concerned About Incineration of Nerve Gas (Families);
Serving Alabama's Future Environment (SAFE); Community Against
Pollution; Citizens for Environmental Justice; Annistonians for
a Clean Environment; Mothers' Environmental Coalition of Alabama
; Coosa River Basin Initiative; Friends of Terrapin Creek; and
Alabama Environmental Council.
According to the Federal Law (40 C.F.R. 271) cited in the Petition,
ADEM must ensure, prior to issuing a permit to treat hazardous
waste, that the owner or operator of such a facility has "a
contingency plan for his facility. The contingency plan must be
designed to minimize hazards to human health or the environment
from fires, explosions, or any unplanned sudden or non-sudden
releases of hazardous waste or hazardous waste constituents to
air, soil, or surface water."
The groups contend that ADEM did not follow these guidelines/regulations
when they approved the permit for the Army's chemical weapons
incinerator and that these guidelines have still not been followed.
If the Petition is granted, the EPA, rather than ADEM, would
have oversight and enforcement authority over the Army's incinerator.
SAFE President, Dr. Suzanne Marshall, said, "SAFE advocates
safety and contingency plans for the community forced to host
the chemical weapons destruction facility. ADEM has failed to
do that. The EPA must step in and ensure our safety."
Among the steps the groups ask the EPA to take are: an investigation
followed by an order for corrective actions that must be taken
by ADEM within "a reasonable time;" and, unless ADEM
complies with the corrective action order issued by the EPA, the
withdrawal of ADEM's hazardous waste program authority.
Families member Rufus Kinney said, "Last year, ADEM's oversight
committee rejected our appeal which included the Army's lack of
an adequate contingency plan. By rejecting our appeal they absolved
the Army of any responsibility to protect this community. To say
the least, ADEM in not enforcing the laws in place to protect
the people of Alabama. It's outrageous and unacceptable."
The groups filing the petition have been working together to address
the PCB contamination in West Anniston and other environmental
and public health issues.
Contact Chemical Weapons Working Group at 859-986-0868 for
a List of the Petitioning Organizations.
A copy of the Petition is available at : www.cwwg.org
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