Jan. 17, 2001-- Critics of the Magcorp magnesium plant on the western shore of the Great Salt Lake say the huge pollution lawsuit filed yesterday by the federal E.P.A. is long overdue.
And they say state officials dropped the ball by not cracking down years ago.
Environment Specialist John Hollenhorst has the story.
The Magcorp plant has been violating the law for many years, the federal lawsuit says, dumping thousands of gallons a day of highly acidic, corrosive and hazardous wastes into unlined canals, ponds and sludgepiles.
One canal looks so vividly contaminated, employees call it The Red River.
The federal E.P.A. is taking Magcorp to court. The state never did.
DENNIS DOWNS/UTAH DEPT. OF ENVIRONMENTAL QUALITY: "WE REALLY HAVE DEFERRED TO E.P.A. ON THAT."
CHIP WARD/CITIZENS AGAINST CHLORINE CONTAMINATION: " I THINK THE STATE DID A VERY POOR JOB."
State officials say they were waiting for the feds to decide a complex regulatory dispute. Magcorp claims the waste is exempt from hazardous waste laws because Congress created a special exception for mining and mineral waste.
State regulators questioned that interpretation: after all, Magcorp doesn't have a true mine. But the state never filed suit to challenge Magcorp's interpretation.
DENNIS DOWNS/UTAH DEPT. OF ENVIRONMENTAL QUALITY: "WE COULD NOT COME TO AGREEMENT. AND BECAUSE THESE DECISIONS HAD NATIONAL IMPLICATIONS, WE DEFERRED TO E.P.A. TO MAKE THAT DETERMINATION."
CHIP WARD/CITIZENS AGAINST CHLORINE CONTAMINATION: "THEY DROPPED THE BALL, AND IT DOES NOT EXACTLY BUILD CONFIDENCE OR CREDIBILITY FOR THEM."
Critic Chip Ward says no one did anything until Tooele County citizens started agitating.
CHIP WARD/CITIZENS AGAINST CHLORINE CONTAMINATION: "IF YOU HAVE A GOVERNOR AND A LEGISLATURE WHO ARE INDIFFERENT TO OR EVEN HOSTILE TO ENVIRONMENTAL REGULATION, YOU GET WEAK INTERPRETATION AND WEAK ENFORCEMENT."
DENNIS DOWNS/UTAH DEPT. OF ENVIRONMENTAL QUALITY: "I THINK WE'VE GOT A GOOD TRACK RECORD...."
Even today, state officials say, there's no proof Magcorp is a health threat.
DENNIS DOWNS/UTAH DEPT. OF ENVIRONMENTAL QUALITY: "WHETHER OR NOT THERE ARE ENVIRONMENTAL THREATS OF A LONG-TERM NATURE, THAT'S NOT BEEN STUDIED YET."
JOHN HOLLENHORST, REPORTING: "BUT CRITICS SAY THE HEALTH AND ENVIRONMENTAL ISSUES ARE A NO-BRAINER. AND EVIDENTLY THE FEDS AGREE. THE CHARGES THEY'VE FILED COULD RESULT IN HUNDREDS OF MILLIONS OF DOLLARS IN FINES. JOHN HOLLENHORST, EYEWITNESS NEWS."
The huge fines attached to each charge are only theoretical at this point. Federal officials have not said how big a fine they'll actually push for.
