A South Carolina court issued
a scathing decision yesterday against the Barnwell low-level waste disposal facility’s disposal practices, questioning the state’s Department of Health and Environmental Control’s license renewal for the EnergySolutions-owned Chem-Nuclear site amid concerns of water contamination. The South Carolina Court of Appeals determined the administrative law court (ALC) erred on four counts in the suit filed by the Sierra Club questioning the license renewal. “In conclusion, we find the record in this case conclusively demonstrates Chem- Nuclear has taken no action whatsoever to prevent even one rain drop from migrating onto one active vault or trench,” the court opinion said. “Additionally, while initial clay caps and enhanced caps reduce the migration of water onto inactive disposal units, there is no evidence and no finding by the ALC that DHEC has required, or that Chem- Nuclear has taken, any action that would reduce this migration to the smallest possible amount.” The opinion later stated, “The fact that DHEC did not require Chem-Nuclear to take any action or make any changes to its disposal practices casts doubt upon DHEC’s decision to renew the license.”
The court did not immediately revoke the license, but it did give Chem-Nuclear 90 days to establish an action plan that would address the areas where the site was not in compliance, especially in regards to rain water contamination. Should the plan fail to adequately address these areas, the court would then revoke the license. According to EnergySolutions spokesman Mark Walker, the company is still reviewing the decision. "We are reviewing the ruling and will formally respond at the appropriate time to the courts," Walker said. "Our commitment to safety and compliance of the Barnwell disposal facility remains a top priority for EnergySolutions."
