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Superfund On January 21, 1997, a new sequel to the Superfund story premiered in Washington, D.C. Called S. 8, it is brought to us by the studios of the Senate Republicans, with Executive Producers Bob Smith, John Chafee and Trent Loft. The severely weak story line, unbelievable with its perverted ideas, is based on a version written and directed by the country's leading corporate polluters. Like most sequels this one is a bad imitation from the original. In fact, this new version would be considered a comedic spoof, if not for the fact that the authors are indeed serious. If you remember, the original Superfund attempted to address the important issues raised from tragedies like Love Canal and Stringfellow Acid Pits, where community after community found themselves victims of corporate pollution leaving families with sick and dying children, unusable land, contaminated water and unhealthy air. Out of these tragedies came a Superfund program with some common-sense principles such as - the polluters pay, not taxpayers, for the mess they've created; that the health of the affected community be the top priority in considering cleanup options; that emergency situations and the most highly contaminated sites be dealt with first; that permanent treatment is better than Band-Aid solutions; that land should be returned to productive use; and, that those most affected have an absolute right to participate in decisions of how the site will be cleaned up. Over the years, those of us in impacted communities across the country have complained (and rightfully so) that the Superfund program wasn't working and needs to be fixed. But we were referring to its poor implementation resulting in a lack of action to clean up sites and protect our communities. Congress, directed by their polluter friends and contributors, reinterpreted those complaints to mean that the program needs to be fixed because -hold on to your hats- it's unfair to polluters! They complain about how unfair it is to hold polluters liable for actions that occurred before the law was passed; and, that risk estimates and permanent cleanups are "overly protective" and cost too much. This latest sequel has changed the story line so dramatically to be almost unrecognizable. For the second year in a row, we are facing in Congress, a proposed remake of the program that turns it from one designed to protect public health to one that protects private profits. The corporate polluters and insurance companies developed a script with some of the most radical ideas imaginable. Congress, with their pockets full of contributions, is giving some of the best performances ever seen. With straight faces no less, they actually argue the merits of these preposterous ideas. What was unveiled in January, is a Superfund full of absurd proposals to make the program "more fair" for polluters. It includes proposals that eliminates the preference for permanent cleanups, reducing the hopes of many communities to have land returned to productive use, thus hampering a community's revitalization. It puts the polluters In charge of cleanups, and limits EPA's ability to make polluters keep their agreements. It makes cost the primary factor in determining remediation with risk estimates that puts highly exposed and sensitive people (like those with asthma) and children in jeopardy. It reduces the legitimate role of affected communities, rendering them to mere spectators by putting public participation in the hands of a few through the creation of Community Response Organizations (GRO's) to act as "conduits of information to and from the community, and "represent" the community during the remedial action. It limits the number of sites to be added to the Superfund list no matter how much risk the pollution poses to the surrounding community, thus dumping the responsibility on states who rarely have the resources (or desire), to deal with them. Affected communities know that most of these contaminated sites would not exist if not for local and state officials allowing them to exist. The bill repeals polluter-pays liability by relieving responsibility at hundreds of "co-disposal" sites. Estimates are that up to 90% of the sites would be in this category. When we left Superfund last year, the evil corporate barons with the help of their puppets in Congress, pulled the tax that funds the program, forcing cleanups to rely on residual money left over in the fund. While that will allow some work to continue for a while, it can't last. As the new Superfund is reviewed and critiqued on the Hill, our communities must play the leading role in this act. Being an extra in the background won't work. We must rally our forces, and raise our voices to protect our interests and communities. We are faced with three tasks: 1) reinstate the tax for Superfund; 2) stop the absurd bills now in Congress; and, 3) promote our agenda reforming Superfund in a way that truly protects our communities. The reforms must include such things as medical assistance, real public participation and real complete cleanups at the expense of the polluters. (As our Moms always said, "if you make the mess you clean it UP.") Here's some suggestions on how you can help right now:
A word of caution. Let's keep Superfund in perspective. No bill, no matter how good it sounds, even if we're able to get everything we want in it, is the magic potion that solves all the problems at our sites. We clearly saw that with the 1986 reauthorization that outlined the original program, with its TAG'S, preference for permanence and treatment, direction to ATSDR to do health assessments and assistance, etc., the polluters have found the loopholes. Given the political system we now have, with its overwhelming influence from the corporate thugs on our elected officials, it is difficult to win in Congress or the courts. The only time communities have won in getting their-demands met, has been through a unified, well-organized effort on the local level that focuses on continued, political and personal pressure. If we ever forget that, and start relying on "someone else" to solve our problems, whether it's an individual, an attorney, or a new law - we lose. It is through the flexing of our "people power" muscles that we have won - over and over. Superfund simply provides some tools for us to use - Technical Assistance Grants, dictated cleanup standards with a preference for permanence, keeping polluters under control and liable are terrific tools that make our battle easier. The current bill, S.8, takes away some very important tools and creates some major obstacles for us to overcome. Heaven knows, we don't need any more handicaps than we already face. Penny Newman, a longtime activist at the Stringfellow Acid Pits, is Director for the Center for Community Action and Environmental Justice, an organization that assists communities in fighting polluting industries. Penny, along with Florence Robinson from Alsen, LA, coordinates Communities At Risk, a network of communities near contaminated sites. For the past 4 years they have led the effort to establish a Superfund program that actually meets the needs of the impacted community.
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