Oregon hits depot with fines for error
This story was published
Tuesday, May 11th, 2004
By John Stang Herald staff writer
Oregon has levied fines totaling $184,800 against the Umatilla Chemical Depot for a computer error that took two safety systems off-line during an 11-day test of chemical weapons incinerator systems last year.
The Army and its contractor, Washington Demilitarization Co., have until May 30 to decide whether to appeal.
Washington Demilitarization acknowledges the computer glitch occurred, but believes the fines are too high for a violation that resulted in no danger to people, said company spokesman Rick Kelley.
The violation took place from July 18 to July 31.
The depot is preparing four incinerators to destroy 3,717 tons of Army nerve agents and mustard gas over the next several years.
Two incinerators will begin burning GB nerve gas and its accompanying rockets in late July or this fall, depending on when the state gives a green light.
The violation occurred during a test of a third incinerator, dubbed a "metal parts furnace," which will burn contaminated metal munitions casings when the depot starts cutting up and incinerating gas-filled shells.
Washington Demilitarization routinely uses "surrogate materials" when testing incinerators. These are hazardous liquids that mimic liquid poison gas agents in the tests.
During tests with surrogate materials, the depot must have specific safety and pollution control systems functioning. In test runs with nonsurrogate materials, the safety and pollution control systems are not required.
Last July, the depot -- through computer software -- took two systems off-line for tests with non-surrogate materials. Those were a carbon filter system in the pollution control network and an automatic shutdown system.
But when the tests started using surrogate material, the software set-up was forgotten, and those two systems remained off-line for 11 days of tests with surrogate materials. Washington Demilitarization discovered the error and reported it to the state.
The state calculated that the error called for a fine of $4,200 per day per off-line safety system, said Dennis Murphey, the Oregon Department of Environmental Quality's administrator for the depot demilitarization program. That translated to a $46,200 fine for one system being off for 11 days, and $92,400 for both systems.
The state levied one $92,400 fine against the Army and a second $92,400 fine against Washington Demilitarization.
In a related matter, the Army and Washington Demilitarization are to meet with the state on Wednesday to begin informal talks on resolving two $15,000 fines. Those were levied because the depot temporarily rerouted some waste water during a test of an evaporator system.
The state contends the depot did not obtain the necessary approval before rerouting the waste water. The Army and Washington Demilitarization contend they did not need permission for a temporary alteration, and have appealed the fines.
Wednesday's meeting is for the two sides to begin discussing a possible compromise before the formal appeals hearings begin.