The timber company was sued in 2006 by Humboldt Baykeeper and Californians for Alternatives to Toxics (CATs). Tests were conducted, and dioxin was found at levels tens of thousands of times higher than Environmental Protection Agency (EPA) standards, some of the highest levels found in the nation. The test sites were near where Simpson commonly sprayed plywood with the now-widely-banned wood preservative pentachlorophenol in the 1960's.
Further indications that dioxin, which is one of the most potent carcinogens known, had persisted in the environment came last year when the State Water Resources Control Board, at the urging of Humboldt Baykeeper, listed Humboldt Bay as impaired after dioxin was found in the tissues of local fish and oysters.
Under the settlement, Simpson is required to dig up contaminated sediment in the ditch, which is adjacent to Humboldt Bay's only public fishing pier, and haul it to a licensed disposal site. The company also must restore the ditch as a functioning wetland and install a network of groundwater-monitoring wells to ensure that residual subsurface contamination doesn't leave the site. In addition, a Humboldt Bay Wetlands Restoration Fund will be established at the Humboldt Area Foundation for restoration projects designed to offset environmental damage caused as a result of the contamination.
Humboldt Baykeeper director Pete Nichols said, "This settlement is a pivotal step in addressing and fixing the dioxin problem in and around Humboldt Bay. The work required under this agreement will help protect those who fish from this public pier and throughout the Bay, in addition to the fish and other inhabitants of the Bay."
The suit was brought under the Federal Resource Conservation and Recovery Act, which was established by Congress to address hazardous waste issues and prevent sites, such as the old plywood mill, from creating an ongoing threat to public health and the environment. Michelle Smith, Humboldt Baykeeper's staff attorney, said, "This is precisely what Congress had in mind when they crafted provisions in environmental laws that allow citizens to take legal action to protect their communities and the environment."
The settlement is a tremendous victory for the community, wildlife, and Humboldt Bay, and we greatly appreciate the outpouring of community support as we work to keep Humboldt Bay healthy and vibrant. The settlement agreement can be viewed at our website: www.humbodltbaykeeper.org
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TOC for Forest & River News, Spring 2008