Shine light on waste plans
Denver Post, Wednesday, April 03, 2002 - Companies proposing or operating radioactive waste dumps should communicate their plans with local officials and nearby residents. A pending legislative proposal, HB 1408, thus would make a useful addition to Colorado law.
In its amended form, HB 1408 would reasonably require that companies planning to store radioactive waste hold two public hearings, at their expense, and gather and disclose information on potential environmental and economic effects of their plans.
HB 1408 passed the House Tuesday, so now it will be debated by the Senate. Its chances look good because its primary sponsors are two powerful lawmakers: Senate Majority Leader Bill Thiebaut, a Pueblo Democrat, and House Majority Leader Lola Spradley, a Republican representing Fremont County, whose district includes the Cotter Corp.'s radioactive waste site.
The measure, in fact, sprang from a dispute in Caņon City, where Cotter has contracted to accept 450,000 tons of radioactive soil from New Jersey. The plan provoked a public outcry largely because of historic fights between Cotter and residents of Fremont County, who say that contaminated dust and groundwater from Cotter's mill harmed their health and properties. From 1958 to 1987, the mill transformed uranium ore into yellowcake for nuclear reactor fuel. It was declared a Superfund site in 1984. Of four lawsuits filed against it, Cotter settled one and lost three. It is appealing one of the cases it lost.
Given that past, Fremont County residents were appalled to learn that Cotter not only will store its own radioactive material on its property just south of Caņon City, but also will bring in railroad freight cars of waste from elsewhere. Fremont County commissioners, Caņon City and Florence officials asked the state to impose a six-month moratorium on the shipments.
Cotter says it did quietly inform some local government officials and business leaders. But by not telling the general public about its plans early on, Cotter tossed political fuel on already-smoldering local resentments against the company.
However, Cotter's existing state hazardous-waste license lets it accept radioactive soil and similar waste - and doesn't limit Cotter to storing only waste from its own mill or other Colorado sites.

The state isn't helpless, though. Cotter says the New Jersey soils aren't as radioactive as waste it already keeps at its mill. But the Colorado Department of Public Health and Environment isn't sure, so it ordered Cotter to sample the New Jersey soil. Since Cotter can accept only naturally occurring radioactive materials, such as radium and thorium, the state could bar Cotter from accepting the New Jersey waste if it contains other radioactive substances. Gov. Bill Owens told the Colorado Department of Public Health and Environment to block the New Jersey shipments until Cotter can prove the material is safe and legal.
Regardless of what that study shows, Cotter - or any other nuclear waste site - should have to publicly explain its plans. Lawmakers should support HB 1408.

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