Saturday, June 15, 2024

“OMBUDSMAN REAUTHORIZATION ACT OF 1999” published by Congressional Record on Nov. 4, 1999

Volume 145, No. 154 covering the 1st Session of the 106th Congress (1999 - 2000) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“OMBUDSMAN REAUTHORIZATION ACT OF 1999” mentioning the Environmental Protection Agency was published in the Senate section on pages S13921-S13922 on Nov. 4, 1999.

The publication is reproduced in full below:

OMBUDSMAN REAUTHORIZATION ACT OF 1999

Mr. ALLARD. Mr. President, in the Summer of 1998, I met with a group of concerned citizens from the Overland Park neighborhood, which is located in southwest Denver. The dozen or so residents had requested a meeting with me to discuss an issue that had taken up more than six years of their lives and had driven them to distrust anything the Environmental Protection Agency had told them about a Superfund site located in their neighborhood called Shattuck.

The story surrounding the Shattuck Superfund site and what the EPA did to this community will have a lasting impact not only on the residents of the Overland Park neighborhood, but on each and everyone of us who look for the EPA to be the guardian of our nation's environmental health and safety.

For those who have not followed the Shattuck case, these are the facts that have been uncovered thus far. In 1991, the local Region 8 EPA office and the Colorado Department of Health began to look at possible remedies for the cleanup of the old S.W. Shattuck Chemical Company located on South Bannock Street in Denver. Initially, it was determined that the safest and most effective cleanup was removal of the radioactive waste to a registered storage facility in Utah. But following a secret meeting between Shattuck's attorneys, EPA and the Colorado Department of Health the decision was made to store the waste on-site. Residents in the area were never told that the remedy chosen by the EPA had never been used before anywhere in the United States, and more importantly documents calling into question the reliability of the remedy were kept from the public. In 1993, the EPA signed the Record of Decision (ROD) and the radioactive waste at the Shattuck Superfund site was entombed on-site.

Over the next five years the citizens of Overland Park fought to get their neighborhood back. They petitioned the EPA for a review of the decision and were denied. They attempted to submit new information about the safety of the remedy selected and were told by the EPA the remedy was safe. Finally, last summer the residents concerns were brought to my attention. After meeting with area residents and business owners, I determined their questions deserved answers and together we began a journey to find the truth about Shattuck.

Last October, I asked the EPA to meet with the community to answer their questions and was informed they would not conduct such a public meeting. Outraged by their answer, I exercised my right as a U.S. Senator to hold up Senate confirmation of a key EPA official. The move resulted in the EPA agreeing to my request for an independent investigation of Shattuck by the National Ombudsman. Earlier this year he began his investigation and quickly determined the claims made by residents were not only meritorious, but that EPA officials had engaged in an effort to keep documents hidden from the public.

In fact, the Ombudsman was so successful at uncovering the facts surrounding Shattuck, his investigation has resulted in EPA officials now looking at eliminating his office. A meeting was recently held among all ten EPA regional administrators and staff from EPA Administrator Carol Browner's office to discuss eliminating the Ombudsman position. This can not be allowed to happen! Nor will I allow it to happen. Without the Ombudsman's investigation on Shattuck the residents of Overland Park would have never learned the truth. The Ombudsman's investigation brought integrity back into the process.

The EPA's efforts to curtail the Ombudsman's independence is an attempt to seek revenge for the on-going Shattuck investigation and to intimidate citizens who dare question the answers they are given by the EPA. I have recently introduced Senate Bill 1763, the ``Ombudsman Reauthorization Act of 1999,'' which will preserve the office of the National Ombudsman. The battle to enact this legislation could be tougher than getting the EPA to admit they made a mistake at Shattuck.

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SOURCE: Congressional Record Vol. 145, No. 154