Mrs. MORELLA. And before I recognize Mr. Harrop and Mr. Miller, let me point out our new member of the subcommittee, Todd Platts from Pennsylvania, and recognize him for any opening comment. Mr. PLATTS. Thank you, Madam Chairman. I just appreciate you and Eleanor Norton holding this hearing and allowing what I believe will be a very productive discussion to occur on a very important issue, and I appreciate those who are here on the first panel and the panels to follow for their taking the time to show their knowledge and wisdom with us on this important issue. Thank you. Mrs. MORELLA. Thank you. Thank you. And now, Mr. William Harrop, who is president of the Spring Valley-Wesley Heights Citizens Association. Mr. HARROP. Thank you very much, Madam Chairman. The Spring Valley-Wesley Heights Citizens Association was created in the last century to promote the welfare of our two adjoining northwest Washington communities. I've been present since February 1997. We thank the committee for holding this public hearing to explore the contamination of our neighborhood by military toxic chemicals. Our members have several principal worries and fears. All of these are aggravated by a sense of uncertainty. We have learned that several times the Army Corps of Engineers and the Environmental Protection Agency decided to withhold and not act upon information that proved highly relevant to our welfare. The American University appears on some occasions to have been complicit. This has created an uneasy mistrust complicating the relationship between the Army, EPA, and American University with Spring Valley residents. The health of our families is, of course, our first concern. People worry that their children have for many years played and dug in the dirt, that gardening may have been a risky hobby. Rumors are rife about risk of cancer and other fatal diseases but nobody really knows. The Spring Valley area needs and deserves a comprehensive medical monitoring program to determine the level of harm that has been caused by the contaminants in our neighborhood. It is our understanding that the Comprehensive Environmental Response Compensation and Liability Act of 1980, the Superfund, contains provisions to allow for extensive public health studies. Superfund designates the Agency for Toxic Substances and Disease Registry as the lead agency. We ask your help in getting a comprehensive medical monitoring program under way immediately. We are very puzzled as to why this has not already occurred. Citizens' investment in their homes is the major asset of many people. On anecdotal evidence, residents believe there is already an accelerating turnover of properties caused by fear of contamination. They believe they should be protected from losses attributable to the presence of military toxins. The Federal Government seems unwilling or legally unable to indemnify homeowners against such loss. The D.C. Department of Health has formally warned citizens to minimize exposure to soil, to wear protective masks in the presence of dust and not to eat homegrown vegetables. The identification of concentrations of hazardous materials and the cleanup of such areas will not be completed for many months, probably not for many years. Meanwhile, citizens are puzzled and concerned that District authorities permit widespread construction, earth disturbance and excavation to spread on nearly every street in Spring Valley. New projects have begun in recent weeks. Either there is danger to the public from toxic deposits at locations not yet pinpointed, or there is not. We are particularly disturbed that, on July 19th, the D.C. Zoning Commission, against the recommendations of two neighborhood advisory commissions and six neighborhood associations, approved American University's 10-year expansion plan. This is a green light for extensive excavation and earth movement at specific campus locations prior to the identification and cleanup of chemical contamination. The primary purpose of the Superfund program enacted by Congress in 1980 is to identify contaminated sites so that a proper remedial investigation and evaluation can be conducted. The evaluation process and the process for selecting a remedy appropriate to address the risks discovered is contained in the National Contingency Plan. To ensure that all sites are properly and promptly identified, Superfund Section 103 requires that those who, "own or operate," such sites report them to EPA. This reporting obligation became effective in late 1980 when Superfund became law. It applies to both the United States and to American University. Based on their involvement in the chemical weapons program conducted at AU, both the United States and AU had sufficient knowledge of the presence of contamination to require that the Spring Valley site be identified to EPA in 1980 or 1981. It is certainly possible that the United States and American University should be given the benefit of the doubt as to whether reporting was required as of the early 1980's. However, there is no excuse for their failure to file the required report in 1986 when both AU and the United States received information from the analysis of aerial photography and a search of the records that contamination was likely present in Spring Valley. It appears that, in 1986, the United States and American University jointly decided to ignore the contamination and the potential harm it was causing instead of making the required Superfund report. If either had made a timely report, the national contingency plan provisions for a thorough investigation and appropriate remedial action in consultation with the community would long since have been implemented. Despite this background, the allocation of historical blame is not of great interest to residents of Spring Valley. We want to see the work of identifying toxic materials and undertaking a full cleanup completed as rapidly as is consonant with care and professionalism. Citizens want assurance that the problem is behind us. However, the fact remains that no agency has implemented and completed all of the evaluation steps specified by the National Contingency Plan. We ask that the subcommittee make certain that adequate resources be allocated to complete this work expeditiously. We ask that the subcommittee look into the question of indemnification of property owners. We ask that the subcommittee query the District about its authorization of continuing earth disturbance in potentially contaminated areas. We ask that the subcommittee press for an immediate and responsible medical survey. We do not believe that new bureaucratic layers or supervisory commissions would serve a useful purpose. The Restoration Advisory Board can be a citizen watchdog on our behalf. We ask that you maintain a continuing interest in our complicated problems and that you leave open the possibility of further hearings if circumstances warrant it. Thank you very much for holding this hearing. Mrs. MORELLA. Thank you very much, Mr. Harrop. [The prepared statement of Mr. Harrop follows:] SPRING VALLEY-WESLEY HEIGHTS July 25, 2001 Honorable Constance Morella Chair, District of Columbia Subcommittee United States House of Representatives Dear Ms. Morella: This letter is for the record of your hearing of July 27 regarding the contamination of Spring Valley by military chemicals. I will outline for the Subcommittee some of the concerns of the residents of Spring Valley, who are represented by our Association. We very much appreciate your holding a hearing to explore this very unusual problem in our community. You know the extensive history of the affair from other witnesses, and I will not rehearse it. Uncertainty and Mistrust Our members have several principal worries and fears, all exacerbated by a sense of uncertainty. We have learned that on several occasions the Army Corps of Engineers and the Environmental Protection Agency (EPA) decided to withhold and not act upon information that proved highly relevant to our welfare. American University (AU) appears on some occasions to have been as much in the dark as private citizens, and at other times to have been complicit. This has created an uneasy mistrust, complicating the relationship between the army, EPA and AU, on the one hand, and Spring Valley residents on the other. While residents are grateful to the DC Government for inducing the return of the Corps of Engineers in 1999 to complete a job only partially accomplished earlier, there is anxiety at the failure of District authorities, as I will explain, to contain potentially dangerous excavation and earth disturbance. Health The health of our families is of course the first concern. People worry that their children have for years played and dug in the dirt, that gardening may have been a risky hobby. Here uncertainty is great. Rumors are rife about unusual incidence of cancer and other fatal diseases, but nobody really knows. This is not a good situation. The completion as soon as possible of a professional and thorough historical medical survey to establish the facts is an urgent need. Why this work is so delayed is a mystery to the citizens affected, and we hope that the Congress can obtain action. Property Values Citizens' investment in their homes, expensive in this area, represents the major asset of many people. On anecdotal evidence, residents believe there is already an accelerating turnover of properties caused by fear of contamination, and they believe they should be protected from losses attributable to the presence of military toxins. The federal government is apparently unwilling or legally unable to indemnify homeowners against such loss. The army has not agreed to provide each Spring Valley property owner, at the conclusion of cleanup operations, with a certification— one the United States will stand behind-that the property is free of contaminants. Continued Excavation in Spring Valley The DC Department of Health has formally warned citizens to minimize exposure to soil, to wear protective masks in the presence of dust, and not to eat homegrown vegetables. The identification of concentrations of hazardous materials, and the cleanup of such areas, will not be completed for many months, perhaps years. Meanwhile, citizens are puzzled and concerned that District authorities permit widespread construction, earth disturbance and excavation to proceed on nearly every street in Spring Valley. Some new projects have begun in the past few weeks. Either there is danger to the public from toxic deposits in locations not yet pinpointed or there is not. Particularly disturbing is that on July 19 the DC Zoning Commission, against the recommendations of two Neighborhood Advisory Commissions and six neighborhood associations, approved American University's ten-year expansion plan, a green light for extensive excavation and earth movement in specific campus locations prior to the identification and remediation of chemical contamination. Importance of Accelerated Remedial Action The allocation of historical blame for the current state of affairs is not of great interest to the residents of Spring Valley. Sensitivity to public concerns on the part of the Corps of Engineers and EPA is much improved. We want to see the work of identifying toxic materials and undertaking a full cleanup completed as rapidly as possible consonant with care and professionalism. Citizens want assurance that the problem is behind us. We ask that the Subcommittee make certain that adequate resources have been and in future will be allocated to complete this work expeditiously. We ask that the Subcommittee look into the question of idemnification of property owners. We ask that the Subcommittee query the District about its authorization of continuing earth disturbance in potentially contaminated areas. We ask that the Subcommittee press for an immediate and responsible medical survey. We do not believe that new bureaucratic layers or supervisory commissions would serve a useful purpose. The Restoration Advisory Board should be able to provide a serviceable watchdog structure, supplemented by the ability of citizens to appeal back to your Subcommittee if matters go awry. We ask that you maintain a continuing interest in our complicated problems, perhaps leaving open a possibility of further hearings if circumstances warrant. Respectfully, IISII |