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FOR IMMEDIATE RELEASE
Nov. 14, 1997
97-179
Contact: Bob Wilson (509) 736-3031
Alisa Huckaby (509) 736-3034
OLYMPIA, WA - The Washington State Department of Ecology (Ecology) has formally denied a request by the U.S. Department of Energy (USDOE) and two of its contractors for relief of a $90,000 penalty originally issued by Ecology last April.
Along with declining to withdraw the penalty, the state is formally issuing a revised penalty to the USDOE, its prime contractor, Fluor Daniel Hanford Inc., and Waste Management Federal Services of Hanford, Inc. (formerly known as Rust Federal Services of Hanford, Inc.).
The penalty stems from a November 1996 Ecology inspection of Hanford's 222-S Analytical Laboratory that uncovered six violations of the state's dangerous-waste regulations. The inspection was prompted by earlier incidents at the laboratory that resulted in the accidental discharges of radioactive and corrosive waste into the work area of the laboratory.
After the initial events, Ecology issued a "notice of correction" that carried no monetary penalty. In addition, Ecology offered the USDOE and its contractors an opportunity to voluntarily comply with the state's regulations. USDOE responded with a series of requests for more time to comply. Ecology granted all of the requests and offered new schedules for compliance.
A follow-up inspection in February 1997 revealed that the USDOE and its contractors had failed to complete corrective measures to address the violations -- despite a report sent to Ecology earlier in the month stating that the measures had been completed. Ecology then issued a second notice of correction in March, followed by the monetary penalty in April.
In May, USDOE and its contractors formally asked to be relieved of the penalty, claiming that Ecology had overlooked or not received pertinent information. Ecology then met with USDOE and its contractors several times throughout the summer to examine additional information, but Ecology found no relevant or justifiable argument to reduce or rescind the penalty.
Ecology Director Tom Fitzsimmons said his department found that the USDOE and its contractors have shown a lack of control and knowledge over the waste stored and generated at the 222-S Laboratory. Consequently, there was a serious threat to worker safety because of the violations.
"In the spirit of cooperation and collaboration, Ecology has made numerous attempts to allow the USDOE and its contractors to voluntarily comply with the state's regulations," said Fitzsimmons. "Unfortunately, they made insufficient progress in the management of their wastes, therefore the penalty stands as assessed. In addition, the penalty represents a statement of support for protecting the laboratory workers."
The USDOE has 30 days to appeal Ecology's decision to the Washington State Pollution Control Hearings Board. If the penalty stands, Ecology is recommending that the USDOE consider an "innovative settlement," where the money collected goes toward an environmental cause rather than into the state's general fund.
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
