City drafts ordinance to prevent transfer of nerve agents
By Ryan Garrett/Register News Writer

After years of fighting to prevent the Army from transporting nerve agents from the Blue Grass Army Depot, local leaders are again taking up the battle.

Richmond city officials drafted an ordinance Thursday that would fine drivers and impound any vehicles carrying chemical weapons within the city's limits.

"The gist of (the ordinance) is they will not move certain weapon-related chemicals on city streets," Mayor Connie Lawson said.

The first reading of the ordinance will be heard at Tuesday's city commission meeting. Lawson is not sure "It has any teeth," but hopes it will be supported by other communities.

"My greatest hope is that every city in America will adopt this ordinance and maybe slow this thing down," she said.

Under the proposed ordinance, any company transporting nerve agents within the city limits via street, road, highway, rail or other passageway can be fined between $2,500 and $5,000.

The city's move came a day after the Army confirmed reports that it was considering transporting the depot's 523 tons of chemical weapons to another site to meet the Chemical Weapons Convention's demilitarization deadline of 2012.

However, any such transport would be a tricky maneuver.

Chemical transfer prohibited

The National Defense Authorization Act of 1995, which prohibits the transfer of chemical munitions across state lines, would have to be trumped by an executive order or the declaration of a national state of emergency, according to the Chemical Weapons Working Group.

"At this point, to try to speculate on the seriousness of what (the Army is) doing when everyone is totally shocked that they're doing it is difficult," said Craig Williams, director of the Berea-based citizen's watchdog organization.

Still, there must be some level of intent behind the notion, Williams said.

"They're spending your tax dollars on studying this option," he said.

The Army's announcement stands in stark contrast to its 1988 Record of Decision for the Chemical Stockpile Disposal Program, which noted that any shipment "would be accompanied by handling risks, chance of transportation accidents and threat of terrorist activities, which in turn increase public health and safety risks."

Severe funding cuts

Last week, the Chemical Weapons Working Group released a preliminary Department of Defense budget request showing severe funding cuts for Blue Grass and Pueblo (Colo.) Chemical Depot that would make it impossible to destroy the weapons on-site as planned.

Defense officials may slash funding at Blue Grass and Pueblo to a combined $31 million for fiscal year 2006, the documents showed, well below the $105 million Blue Grass alone received last year.

The Army needs to spend about $200 million at each site to meet the accelerated disposal pace that has been called for since the terrorist attacks of Sept. 11, 2001.

Whether the Army decides to transport the weapons to incinerator facilities in other states will be decided by the results of a cost analysis of the alternative, Williams said.

"Unfortunately, this is all driven by dollars," he said. "If the studies show that a significant amount of dollars could be saved, then we better watch out."

Despite being a resident of Berea, Williams said he supports Richmond's proposed ordinance.

"I would speak on behalf of it if asked to, or just applaud it without comment if it moves forward," he said. "This is the kind of vigilance that we need to take to these hair-brained ideas that come out of bureaucrats hundreds of miles away that don't have a clue what's going on."

Not the only ordinance

Richmond will not be the first city to consider an ordinance preventing chemical weapons transport.

In 1985, Berea City Council adopted a similar ordinance to the one Richmond will consider.

Berea Mayor Steve Connelly said the council will review the ordinances if transportation appears to be an imminent possibility.

Madison Fiscal Court also has taken action in support of a ban on weapons transport in the county, and Judge-Executive Kent Clark plans to address the issue again during Tuesday's fiscal court meeting.

Other states and municipalities throughout the country have similar ordinances.

In Richmond, as long as there is no executive order allowing the transport, city police will enforce the ordinance, should it be adopted by the city commission, Lawson said.

"Absolutely," Lawson said.

"Any transport device found in violation of this ordinance," she said reading from a draft, "shall be forced to return to the point of origin and be impounded at that location."

Ryan Garrett can be reached at rgarrett@richmondregister.com or at 623-1669, Ext. 234.