[NukeNet] MOTHERS FOR PEACE APPEAL THE RENEWAL OF THE HAZARDOUS WASTE FACILITY PERMIT AT DIABLO CANYON NUCLEAR POWER PLANT
MJ
mollypj at yahoo.com
Mon Jul 31 16:10:15 CDT 2006
SAN LUIS OBISPO MOTHERS FOR PEACE
P.O. 164
Pismo Beach, CA 93448
www.mothersforpeace.org
(805) 773-3881
NEWS RELEASE
For Immediate Release: July 31, 2006
Contact: Jane Swanson, spokesperson
San Luis Obispo Mothers for Peace
(805) 595-2605
cell (805) 440-1359
June Cochran, spokesperson
San Luis Obispo Mothers for Peace
gradofcal at yahoo.com
MOTHERS FOR PEACE APPEAL THE RENEWAL OF THE HAZARDOUS WASTE FACILITY
PERMIT AT DIABLO CANYON NUCLEAR POWER PLANT
Today the San Luis Obispo Mothers for Peace (MFP) is submitting a petition
for review of the renewal of the hazardous waste facility permit at the
Diablo Canyon Nuclear Power Plant.
This appeal challenges the Department of Toxic Substances Control's
(DTSC's) decision to issue a California Environmental Quality Act (CEQA)
Notice of Exemption (NOE). The NOE has the effect of waiving the
requirements of current California Environmental law, theoretically on the
basis of a good past record by PG&E, operators of the nuclear plant.
However, the Diablo Canyon Nuclear Power Plant has had numerous violations
(see list below) which resulted in a fine levied against PG&E of
$193,715.00 ($161,060 as a civil penalty and $32,655 in costs incurred by
the DTSC) by the Department of Toxic Substances Control on
April 9, 2003. The required six years of data preservation to monitor and
prevent the recurrence of past problems extends until 2009.
The hazardous wastes included under this permit include various chemicals
and corrosive agents with the potential to damage human health and the
environment. Also included are some mixed wastes in which low-level
radioactive contamination is present.
June Cochran, spokesperson for MFP, states, "MFP is dismayed that the very
agency that found numerous violations at the Diablo Canyon nuclear plant
is willing to renew the hazardous waste facility permit."
GROUNDS FOR MOTHERS FOR PEACE'S OBJECTION TO THE PERMIT RENEWAL:
The San Luis Obispo Mothers for Peace (MFP) has actively opposed the
Diablo Canyon nuclear plant since 1973. MFP notes that DTSC found
violations at the plant which included 10 Health and Safety Code
violations, 25 California Code of Regulations violations and 9 Hazardous
Waste Facility Permit violations. And yet it has issued the renewal of
this permit with no added conditions to prevent recurrence of past
problems.
Some of the violations include "failure to keep containers of hazardous
waste closed", "treatment of hazardous waste in an unauthorized unit", and
"failure to maintain required information in the facility's Operating
Record including: description and quantity of hazardous waste received;
methods and dates of transfer, treatment, storage, or disposal of
hazardous waste at the facility; specific location of hazardous waste at
the facility; and discrepancies in waste manifests". The full list of
violations can be found at the following web site:
http://www.dtsc.ca.gov/HazardousWaste/Projects/upload/PGE_ENF_Consent-Order.pdf
Exempting a project from the California Environmental Quality Act (CEQA)
requires that "it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the
environmentŠ"* Mothers for Peace asserts that this exemption is completely
unjustified, with wastewater going into the ocean and the huge consumption
of water from Diablo Creek as well as the possibilities of earthquakes and
terrorist attacks.
The response from DTSC to comments from the San Luis Obispo Mothers for
Peace indicated that in DTSC's judgment against PG&E's handling of
hazardous wastes in 2003 "the primary focus was the financial
responsibility issue" and indicated "the other permit violations did not
involve any release of hazardous waste and were generally minor in
nature"**. Therefore, DTSC appears to conclude that the public should not
be concerned about the other numerous violations, including problems with
"a noticeable solvent smell" coming from open containers, the fact that
"the Respondent (PG&E) attempted to treat 500 gallons of hazardous
wastewater contaminated with copper by adding resins to the hazardous
wastewater in an unauthorized unit (a carboy) outside of the permitted
treatment area," or a whole host of other violations that have nothing to
do with "financial responsibility".
Jane Swanson, also a spokesperson, states, "By excusing PG&E from fully
meeting all requirements of California environmental law, the Department
of Toxic Substance Control strongly suggests it places a higher priority
on corporate convenience than on public safety."
The San Luis Obispo Mothers for Peace members are very concerned about the
possibility of leaks, in part because of the earthquake faults that are
located near the plant. The plant does not have an automated leak
detection system. A number of leaks have been discovered at nuclear
plants and other facilities during the past decade. Some of them had gone
undetected for as long as 12 years. Examples that can be verified by the
Nuclear Regulatory Commission records include the following:
Haddam Neck, discovered October 31, 2005, leakage from the spent fuel pool
was occurring at a rate of a few gallons a day.
Indian Point, discovered September 1, 2005, leakage was seeping from
cracks in concrete walls of Unit 2 spent fuel pool.
Salem, discovered September 18, 2002, leakage from Unit 1 spent fuel pool
was found to have been leaking through concrete and a steel liner at a
rate of 100 gallons a day. The leaking had been ongoing for at least five
years.
BWX Technologies, Inc, in Lynchburg, Virginia, leakage was discovered
September 19, 2000. Water was leaking from the cask handling area pool at
the rate of approximately 250 gallons per day.
Brookhaven National Laboratory, discovered January, 1997, leakage was
coming from the spent fuel pool from at the rate of 9 gallons per day for
up to 12 years.
Experience clearly shows that visual inspection is not assurance that
there are no leaks. The leaks above were in areas that had multiple layers
of containment and were heavily monitored because they stored water that
was known to be highly radioactive. And yet a combination of time,
structural or materials failure, and human error allowed these serious
leaks to occur undetected over time. Direct or indirect human inspection
is not sufficient to assure that no leaks are occurring.
In response to our concern that visual inspection is not enough to prevent
leaks, DTSC indicated that there is secondary containment for most units
and stated, "Leakage from the oily water separator sump would be more
difficult to detect, however if the concrete structure is fully intact,
leakage will not occur". That is a huge IF, and the examples above SHOW
that secondary containment is not a guarantee against leaks.
The Mothers for Peace urges the Department of Toxic Substances Control,
the state agency that found these violations, not to renew the permit
without modifications to reflect problems and violations in the recent
past as well as the many conditions that have changed since the prior
permits were issued in 1986 and renewed in 1996. PG&E should be required
to fully meet the CEQA requirements; it should not receive a free pass
with a notice of exemption.
*CEQA Article 5 Preliminary Review of Projects and Conduct of Initial
Study
15061 Review for Exemption Study (3)
** Partial list of violations from the Consent Order that DO NOT concern
financial issues:
3.3 "Respondent violated Health and Safety Code, section 25202,
subdivision (a), California Code of Regulations, title 22, section
66270.30, subdivision (a), and Hazardous Waste Facility Permit, section
11.4, in that on or about February 20, 2001, the Respondent attempted to
treat 500 gallons of hazardous wastewater contaminated with copper by
adding resins to the hazardous wastewater in an unauthorized unit (a
carboy) outside of the permitted treatment area ('the Central Hazardous
Waste Management Area in the bermed area where the storage tanks are
located')."
3.4 (d) "Mixed and hazardous wastes shipped off-site were not all
tracked in the Facility's operating records. Neither the manifests nor
the Waste Shipment Record identify the wastes shipped." There are seven
of these.
3.4 (e) "The operating record did not have any information on the amount
and date carminic acid was received in the Mixed Waste Management Area."
3.4 (f) "The treatment of hazardous wastewater contaminated with copper
is a violation of Respondent's permit." How can a NOE be issued to PG&E
which has so many violations of its permit during the previous permit
renewal period?
3.5 "Respondent violated Health and Safety Code, section 25202,
subdivision (a), California Code of Regulations, title 22, sections
66270.30, subdivision (a) and 66264.15 subdivision (d), and Hazardous
Waste Facility Permit section 14 and 11.19, and operation Plan, section
5.1.2., in that on or about April 17, 2001, inspection of the Maintenance
Shop Laboratory Wastewater Tank did not indicate the presence of liquid
(precipitation) in the secondary containment sump. Respondent also failed
to inspect the precipitation for oil sheen and to analyze it for pH as
indicated in its Operation Plan."
3.6 "Respondent violated Health and Safety Code, section 25202,
subdivision (a), California Code of Regulations, title 22, section
66264.193, subdivision (c) (4), in that on or about April 17, 2001, the
Respondent failed to drain and remove the accumulated precipitation from
the secondary containment system of the Maintenance Shop Laboratory
Wastewater tank within 24 hours as required."
3.8 (b) "On top of one of the drums were lab packs labeled waste mercury
compounds, phosphoric acid, waste solid organic hydrazine dihydrochloride,
sulfuric acid, and waste mercury."
3.9 "Respondent violated Health and Safety Code, section 25202,
subdivision (a), California Code of Regulations, title 22, section
66264.173, subdivision (a) (4), in that on or about April 17, 2001, the
Respondent failed to keep containers of hazardous wastes closed as
required, to wit: three (3) cubic yard cardboard boxes containing wastes
labeled, 'burn/burial' were not closed and there was a noticeable solvent
smell in the vicinity of the boxes."
Violations:
Health and Safety Code
Section 25202, subdivision (a) 9 times
Section 25187
California Code of Regulations
Title 22 Chapter 14, Article 8 4 times
Title 22, section 66264.143 subdivision (f)(6)
Title 22, section 66264.143 subdivision (f)(7) 3 times
Title 22, section 66264.143
Title 22, section 66264.143 subdivision (9(6)) 2 times
Title 22, section 66264.147 subdivision (g)(6) 3 times
Title 22, section 66264.147 subdivision (g)(7) 3 times
Title 22, section 66264.147 subdivision (a)
Title 22, section 66270.30 subdivision (a) 4 times
Title 22, section 66264.73 subdivision (b)
Title 22, section 66264.15 subdivision (d)
Title 22, section 66264.193 subdivision (c)(4)
Title 22, section 66270.35
Title 22, section 66264.173 subdivision (a)
Title 22, section 66264.175 subdivision (a) and (d)
Hazardous Waste Facility Permit
Section 11.4
Section 1.4 3 times
Section 11.9
Section 14
Operation Plan
Section 5.1.2
Section 8.3.1
Section 8.2.1
--
Jane Swanson
janeslo at slonet.org
janeslo at kcbx.net
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
"I just want you to know that, when we talk about war, we're really talking about peace."
Bush, June 18, 2002
"War is Peace"
Big Brother in George Orwell's 1984
Molly Johnson
6290 Hawk Ridge Place
San Miguel, CA 93451
Cell: 805 296-0524
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