Navy Seeks Limits on Its Cleanup at El Toro

[Yoshie Furuhashi <furuhashi.1@xxxxxxx>]

*****   Los Angeles Times
June 27, 2000, Tuesday, Orange County Edition
SECTION: Metro; Part B; Page 1; Metro Desk
HEADLINE: NAVY SEEKS LIMITS ON ITS CLEANUP AT EL TORO;
UNIT WANTS TO CURB ITS RESPONSIBILITY TO $8 MILLION OF THE $35
MILLION NEEDED TO SOLVE THE BASE'S GROUND-WATER WOES.
BYLINE: SEEMA MEHTA, TIMES STAFF WRITER

Despite repeated pledges to clean up all pollution at El Toro Marine
Corps Air Station, the Navy now wants to be released from liability
for any water contamination that might be discovered there in the
future.

Under a proposed settlement signed by the Department of Justice this
month, the Navy would pay $8 million of $35 million required to clean
up a 3-mile-wide tainted ground-water plume "in exchange for not
being held responsible for any future liability that could result
from 'unknown contaminants,'" according to a report from the state
Regional Water Quality Control Board in Santa Ana.

The rest of the water cleanup would be funded by three area water
districts, which want to bring the water up to drinking standards.

Several Navy officials declined to comment on the proposed
settlement, directing inquiries to a Department of Justice attorney.
Attempts to reach the lawyer after business hours were unsuccessful.

The regional board, the U.S. Environmental Protection Agency and the
California Department of Toxic Substances Control share oversight of
cleanup of the site, which is on the federal Superfund list of toxic
hot spots. The ground-water cleanup is in addition to more than $100
million being spent by the Navy on other contamination at the base.
Plans to turn the base, which operated from 1943 to 1999, into a
commercial airport have sharply divided the county.

The plume flowing from under the base into ground water beneath
Irvine is tainted with decades-old contaminants. There are high
levels of dissolved solids, which likely originate from early
agricultural uses before the military took over the land.
Trichloroethylene (TCE), a possible carcinogen, is also present from
heavy use of a toxic solvent to degrease aircraft. The contamination
plume, stretching one mile by three miles, is moving one foot per
day, and is expected to contaminate local drinking water in 10 to 20
years if it is not cleaned up, said Ron Wildermuth, spokesman for the
Orange County Water District.

The $35-million cleanup project includes a de-salter, which would
reduce dissolved solids; and air stripping, which would force the TCE
out into filters. Operation and maintenance of the de-salter and air
stripping is projected to cost $2 million per year, with the Navy
expected to pick up $450,000. The projects are expected to bring the
water to drinking standards, Wildermuth said.

But, according to regional water officials, the water districts are
reluctant to sign the agreement because of recent concerns that the
water is also contaminated by radionuclides and MTBE, a so-called
oxygenate that helps gasoline burn more completely.

Wildermuth said the water districts are negotiating with the Navy
over the settlement and liability.

"That is a matter being looked at right now," he said.

He said both the MTBE and radionuclides, which come from natural
sources or landfills on the base, are probably treatable. "But we
just want to make sure if something comes up, we can go to the table
and discuss it," he said.

Wildermuth declined to comment on what the water district would do if
the Navy is unwilling to change its stance on future liability.

"We want to protect the public--it's our primary concern," he said.

However, liability is also a concern for county officials and
taxpayers, who unexpectedly were forced to pay $4 million to clean
decades-old ground-water contamination that was found during
construction of a terminal that opened in 1991 at John Wayne Airport.

It remains unclear who would accept liability if the settlement is
signed. County officials were either unreachable or declined to
comment Monday night.

Environmental contamination has been a longtime headache at the base.
In December, the State Lands Commission delayed turning over the
facility to Orange County because of concerns about environmental
cleanup.

* Times Staff Writer Jean O. Pasco contributed to this report.   *****

*****   Los Angeles Times
June 28, 2000, Wednesday, Orange County Edition
SECTION: Metro; Part B; Page 1; Metro Desk
LENGTH: 593 words
HEADLINE: CLEANUP AT EL TORO COULD HIT TAXPAYERS;
SUPERVISOR SMITH SAYS HE'LL BRING IT UP IN WASHINGTON. WATER
DISTRICTS ARE FIGHTING TO KEEP THE NAVY LIABLE.
BYLINE: DAVID REYES, STAFF WRITER

Concerned county supervisors say Orange County taxpayers rather than
the U.S. Navy would be forced to foot the bill for unexpected cleanup
or litigation costs from toxic El Toro Marine Corps Air Station
ground water, according to a proposed settlement.

Chairman Chuck Smith said he found such a proposal "totally unacceptable."

Smith said, "I'm headed back to Washington to speak with the under
secretary of the Navy and Department of Defense officials, and this
will be one of the things I'm going to raise."

But federal officials said there would be opportunity for public
comment before a final decision, and water district officials said
they were fighting to make sure the Navy would remain liable.

According to the proposed settlement, the Navy would pay $8 million
of $35 million required to clean up a three-mile wide, tainted
ground-water plume, and have no liability for future, unknown
contaminants in the plume, which has spread under Irvine.

News of the proposal did not stop the State Lands Commission from
voting 3-0 at a meeting in Los Angles to turn over to the county
authority to police the former air base. The decision moves the
county a step closer to eventual ownership of the 4,700-acre former
base and allows a handful of popular recreation programs, slated for
closure July 1, to continue.

The commission had postponed the turnover last December because of
environmental cleanup concerns. Gail Reavis, an outspoken Mission
Viejo resident who attended the meeting, urged the commissioners to
vote against the transfer, arguing for the Navy's cleanup guarantee
"now, upfront."

But in a prepared statement, Lt. Gov. Cruz M. Bustamante said, "I am
concerned that the Navy complete the necessary cleanup, but I voted
for (the hand over) because of the progress made on this issue since
December, and because of the support voiced by local government."

Supervisor Todd Spitzer wrote a letter to the commission favoring the
hand over, saying the board had authorized a consultant to conduct an
environmental assessment of conditions at the former base. In
addition, a legal consultant was hired to review the Navy's
environmental activities at El Toro to protect the county's
interests, he said.

But he acknowledged Tuesday that under the current proposal, the
county could be held liable for future cleanup costs.

"We potentially will be the owners of that base. . . . We're the ones
the water districts may look to if the cleanup doesn't work."

A Navy spokesman denied that the military branch's involvement in
settlement negotiations with the Irvine Ranch Water District and
Orange County Water District represented a change after repeated
pledges to clean up the base.

"The Navy is not changing its policy with regards to the cleanup,"
said Lt. William Speaks, a spokesman in Washington. However, Speaks
said he was unable to reach ranking officials in charge of base
environmental issues.

Representatives from both water districts said they want any proposed
settlement to include the ability to reopen negotiations and
reconsider the Navy's cleanup responsibility.

"This provides a safety net for our customers," said Marilyn Smith,
an Irvine Ranch Water District spokeswoman. "The Navy will have
continuing liability. They can't just pay and walk away."

The public will have input.

"Because public entities are involved in this, such as the water
districts, there definitely will be opportunity . . to weigh in
through public hearings," said Christine Romano, a Justice Dept.
spokeswoman.   *****