A resolution of Colorado Citizens Against ToxicWaste Inc. (CCAT) establishing our position on the issue of the Cotter Corporation, based on extensive research and pursuant to CCAT’s primary purpose of education for the public welfare, does now state the following:

Whereas, CCAT is the largest non-profit corporation in Fremont County investigating and researching the matter of radioactive waste disposal in our community and dedicated to organizing and educating citizens about the import of toxic and radioactive waste into Fremont County Colorado; and

Whereas, the publication on October 18, 2002, by the Canon City Daily entitled “The Cotter Files” was the first time facts were made available to the citizens in an understandable form and reveals documented past, present, and potential future incidents of contamination to Fremont County; and

Whereas, based on these revealed facts, the Canon City Daily Record arrived at conclusions published October 17, 2002 in an editorial entitled “Cotter’s time has come and gone,” calling for the Colorado Department of Public Health and Environment to initiate actions to bring about decom-

missioning of the Cotter facility; and

Whereas, this editorial reminds us that decommissioning would establish that the people of our community have a value greater than an industry that has polluted the environment, and that Fremont County would benefit from the increase in highly technical and entry level jobs that would be required during decommissioning and clean-up activities; and

Whereas, Cotter has been making substantial changes to their business; on a license that expired in 2000, while publicly stating radioactive waste is not their main business, when in fact Cotter’s December 2000 License Renewal Application and 5-year proposed business plan show their intent for some time has been to change their mission so that approximately 80% of their business would be the handling of radioactive waste (also referred to as “alternative feed material”) for profit; and

Whereas, the Nuclear Regulatory Commission (10 CFR 40, Appendix A,I) and Colorado Radiation Control Regulations (Part 18, Appendix A, Criterion 1A) state existing tailings ponds designated for disposal of waste should be remote from a populated area and Cotter’s tailings pond impoundment is within ¼ mile from a large Canon City residential area; and

Whereas, clean-up alternatives for the mill and Superfund site, as well as Cotter’s surety bond, were based on closure and decommissioning by the year 2000, according to the 1986 Feasibility Study prepared for the State of Colorado, Remedial Action Plan (RAP), pursuant to Colorado District Court Case 83-C-2389; and

Whereas, the Cotter Uranium Mill has allowed their impoundment ponds to evaporate, posing a clear and present danger of airborne radioactive particles, though the Remedial Action Plan governed by the Consent Decree requires complete coverage of the secondary impoundment pond by water; and

Whereas, Colorado is an “Agreement State” with regard to the nuclear industry and must enforce laws to the same level as defined by the Nuclear Regulatory Commission but retains the ability to enact stronger laws; and

Whereas, the Colorado Department of Public Health and Environment is the agency designated to uphold the laws of the state in these areas, and the mission of the CDPHE is to protect and improve the health and environment of the people of Colorado; and

Whereas, the Colorado Court of Appeals (No. 01CA1791, August 29, 2002) ruled that “Cotter had expected and intended a discharge of pollutants from the tailings ponds,” and the Court will not require coverage of these deliberate acts by the seven companies insuring Cotter, raising the question of insurability of Cotter’s operations; and Cotter has not posted an adequate financial assurance warranty, as legally required, to insure sufficient funds for site decommissioning.

Therefore, be it resolved, based on our research and overwhelming evidence, and in the interest of the public health and welfare, the Board of Directors of Colorado Citizens Against ToxicWaste calls for the Colorado Department of Public Heath and Environment to deny re-licensing of the mill, and requests the CDPHE, Environmental Protection Agency, and the Nuclear Regulatory Commission immediately begin decommissioning and clean-up of the Cotter Uranium Mill.

Be it further resolved, that CCAT, in the interest of the public health and welfare believes it urgent that these agencies continue on-going testing of the community to ensure the safety of all the residents of Fremont County in light of the existing Superfund site; and pledge the necessary financial resources required for decommissioning.

Adopted 7 November 2002

Board of Directors

Colorado Citizens Against ToxicWaste, Inc

/S/ /S/

Jeri L. Fry and Sharyn Cunningham

Co- Chairs

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