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Press Release of Senator Cantwell

Cantwell Hails ASARCO Superfund Cleanup Deal, Continues Push to Hold Corporate Polluters Accountable

Senator’s legislation would close existing loopholes, keep corporate polluters from skipping town and sticking taxpayers with cleanup costs

Tuesday, October 31,2006


TACOMA, WA – Tuesday, U.S. Senator Maria Cantwell (D-WA) applauded the finalization of an agreement transferring the former ASARCO copper smelter in Ruston to a Lacey developer, calling the agreement a win for local residents and the growing Pierce County economy. Cantwell has fought continuously to secure cleanup funds for the site, and authored legislation to close the loopholes that let corporate polluters evade cleanup responsibilities at contaminated sites. In the agreement finalized Tuesday between the developer, Point Ruston, and the Environmental Protection Agency (EPA), Point Ruston agreed to assume Superfund cleanup liabilities for the remaining lead and arsenic contamination on the site.

“We have been fighting for years to transform this highly-polluted property into a vibrant economic engine without sticking taxpayers with the bill, said Cantwell. “This landmark agreement is great news for Pierce County residents, our local economy, and the environmental health of the ‘south Sound.’ It is a big victory that will give us momentum as we continue the fight to clean up other sites polluted by ASARCO and to close the gaping loopholes that let corporate polluters skip out on their responsibilities. We can’t stand by and let another ASARCO happen, and we must not ask taxpayers to continue footing the bill for the reckless actions of corporate polluters.”

“This is a great economic opportunity for the region. A blighted piece of property on the shores of Puget Sound has once again become a productive member of the community,” said Pierce County Executive John Ladenburg.

Tuesday’s agreement marks the final step before development of the site can begin and follows a federal judge’s decision passed down last Monday giving Point Ruston until 2013 to finish cleanup at the site. Point Ruston expects to construct up to 35 single family homes, 800 condominiums, and commercial buildings starting as early as next summer. Most of $180 million cleanup costs at the Ruston smelter site had previously fallen to taxpayers since ASARCO declared bankruptcy, shirking cleanup responsibilities at its two sites in Ruston—a 67-acre property and a larger 97-acre Superfund site on Commencement Bay. In addition to massive cleanup needs on the Asarco sites themselves, between 700 and 1100 yards at nearby residences in Ruston and Tacoma may require cleanup.

“This agreement was the result of many months of detailed discussions,” said Mike Cohen of MC Construction. “We appreciate Senator Cantwell's hands-on involvement and speaking out on the issues. The pressure exerted by her office inspired Asarco to relinquish approximately 5 million dollars of the sales proceeds to the EPA, which provides assurance to the community that all remediation issues can be completed without taxpayer funds. The mutual benefits of completing this sale soon became apparent to all parties. The result is a contaminated site will be returned to the tax roles and to public use. We look forward to this opportunity and are proud to be associated with this uniquely situated site. We hope Senator Cantwell will help ensure the Superfund program remains a viable force in environmental clean-up.”

After Asarco first threatened to file for bankruptcy in 2002, Cantwell requested a Government Accountability Office (GAO) investigation to determine if companies were exploiting existing laws to avoid their cleanup responsibilities. The GAO report, released on August 18, 2005, confirmed that corporate polluters were using bankruptcy laws to evade environmental responsibilities and that the EPA could do more to prevent this. The report also noted several factors pointing to a rise in the number of companies without adequate financial resources to clean up their own pollution.

Building on the GAO report’s findings, Cantwell introduced the Cleanup Assurance and Polluter Accountability (CAPA) Act (S. 3515) along with Environment and Public Works Committee Ranking Member James Jeffords (I-VT) and Environment and Public Works Subcommittee on the Superfund and Waste Management Ranking Member Barbara Boxer (D-CA). This legislation would ensure that polluters, not taxpayers, pay to clean up contaminated sites. Significantly, it likely would have prevented Asarco from shirking their billion dollar cleanup obligations at more than 90 polluted sites across the country. For more on the CAPA Act, visit: http://cantwell.senate.gov/news/record.cfm?id=257123&&&search;_field=asarco

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