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Judge’s decision irks health dept.Frustrated by lack of movement to destroy chemical weaponsPeter Marcus, DDN Staff WriterFriday, September 25, 2009 | |
The health department is disappointed once again by a lack of movement to destroy chemical weapons stored outside of Pueblo.
A federal judge this week denied state health authorities’ request for an enforceable deadline for destroying toxic liquid mustard agent at the Pueblo Chemical Depot, located just 15 miles outside of Pueblo.
U.S. District Court Judge Richard Matsch cited recent federal legislation in his ruling, stating that the state’s authority is limited when issuing demands over timelines and deadlines, according to the health department.
“We are disappointed with the judge’s decision, since the practical effect of his decision would be to insulate the depot from enforceable schedules for waste treatment,” said Jim Martin, executive director of the Colorado Department of Public Health and Environment.
The Pentagon says it could cost as much as $3.2 billion over five years to construct the facilities needed to properly dispose of aging chemical weapons at two sites — the Pueblo Chemical Depot and the Blue Grass Army Depot in Kentucky. The two sites are among the last six remaining stockpile sites that need to be destroyed, and are of the highest priority.
Waiting for decades
For decades the residents of Pueblo have waited patiently for the chemical weapons to be destroyed. In Pueblo, the Army is storing about 2,611 tons of liquid mustard agent.
A leak this year of mustard agent vapor at the site has highlighted the urgency for expedited destruction. While the incident was minor, lawmakers from Colorado have repeatedly said that incidents like the leak this year highlight the need for the Defense Department to move quickly.
Congress has mandated that the chemicals be destroyed by 2017, but final completion — at best — would not come before 2021, well past the 2012 deadline set by the international Chemical Weapons Convention, according to a Defense Department budget proposal back in May.
The Defense Department has already in the past pushed back destruction deadlines set for 2007 and 2014.
In addition to filing a lawsuit calling for a deadline to treat and destroy chemical weapons stored at the site, the health department recently filed a second lawsuit hoping that a federal judge will force the Army to increase the frequency and level of monitoring at the depot.
In its concerns, the health department raises fears over hazards presented by the chemical agent, including respiratory troubles, skin blisters and death.
“Clearly, the munitions are hazardous waste and are subject to requirements of our state hazardous waste law,” said Martin. “We support the 2017 deadline set by Congress to complete destruction of the waste, and we intend to consult with our congressional delegation on how we can work together to set — and enforce — strict timelines for cleaning up these munitions.”
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