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Wednesday October 16th, 2002

State denies Cotter Corp. waste plan By TRACY HARMON The Pueblo Chieftain CANON CITY

The Colorado Department of Public Health on Tuesday rejected a Cotter Corp. application to accept Maywood, N.J., Superfund waste at the uranium mill here, citing an incomplete environmental assessment. Cotter has been named the subcontractor to dispose of 470,000 tons of waste soils at its uranium mill here. Shipments have been held up pending an environmental assessment and other requirements of House Bill 1408, passed this year by the state Legislature. Department of Public Health acting executive director Doug Benevento said the state's decision to deny the application is not final - the application is still active pending submission and approval of a more comprehensive environmental assessment. The decision did not hinge on the makeup of radioactive and nonradioactive materials in the waste soil, Benevento said. Cotter Corp. Vice President Rich Ziegler said he was disappointed with the response from the state, but he still found parts of the state's decision to be positive. Ziegler said the state found the assessment to be acceptable in the analyses of public and occupational health risk and safety information. Specifically, the state found that the environmental assessment did not fully address key issues related to the transport of material and was insufficient in information provided concerning socioeconomic impacts on the community, Benevento said. "We are not expecting to have to go back to square one. We need to go back and address those specific issues - we've got all the material and data, we just have to update it," Ziegler said. Word of the decision both shocked and thrilled Cotter opponent Sharyn Cunningham, co-chairperson of the Colorado Citizens Against Toxic Waste in Canon City, a group which opposes the Cotter mill accepting waste material. "CCATs own review found the environmental assessment lacking. We've had to talk non-stop for eight months, but people have begun to hear, research and something is turning up under every rock," Cunningham said. "This may make it difficult for Cotter, but they don't need to be a waste disposer and recycler so close to the population (of Lincoln Park and Canon City). I am thrilled, but I have a hard time rejoicing because Cotter may submit another Environmental Assessment addressing those points," Cunningham said. Ziegler confirmed that Cotter will continue to pursue the waste application. Ziegler said Cotter may ask for expert help on items such as transportation issues from another subcontractor, Franklin Environmental Services company, which will be transporting the material. In a letter to Cotter Corp., David Butcher, Director of Laboratory and Radiation Services, pointed out that transportation data was lacking in areas of potential accident types, consequences and safety requirements. Butcher outlined seven areas that needed to be addressed including more current accident type and rate data for the transportation route within Colorado, in particular data concerning rail and highway crossing accidents. In terms of socioeconomic impacts, four areas were found to be insufficient including the area of up-to-date detailed recreation impact information for residents, passengers, rafters and tourists. "Without quantitative social sciences data, it is difficult to develop a systematic assessment of the significance or influence - whether favorable, neutral or negative - of the receipt in Fremont County of the Maywood soils on the community and tourist perception environment," Butcher wrote in his letter to Cotter. "We would have liked to have it (approval) right away but we will go forward and hope we will be able to do that fairly quickly," Ziegler said. Cunningham said she too will continue to work to oppose the shipments. Specifically, she said she is concerned about why the state health department is judging whether it will be OK for Cotter to accept the waste before it addresses how to regulate it through Cotter's license application renewal.

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