Jeremy L. Dillon
RW Monitor
8/22/2014
EnergySolutions filed a motion for re-hearing with the South Carolina Court of Appeals late last week in an attempt to reverse the court’s decision from earlier this month that asserted the Barnwell low-level waste disposal facility’s disposal practices were not in compliance with safety regulations. The court did not immediately revoke the license, but it did give Chem-Nuclear, a subsidiary of EnergySolutions, 90 days to establish an action plan that would address the areas where the site was not in compliance, especially in regards to rain water contamination. Should the plan fail to adequately address these areas, the court would then revoke the license.
EnergySolutions, however, maintains the site is in full compliance and protective of public safety. “We filed a motion for rehearing to correct errors in the court’s opinion,” EnergySolutions spokesman Mark Walker said. “It is important to note that the opinion is based exclusively upon a record created in 2005. We have made improvements to the facility and operating procedures since 2005 proceeding with concurrence of our State regulator. These improvements should resolve the issues raised by the court’s opinion. We remain committed to compliance and safety.”
The case was brought forth by the local Sierra Club, who argued the site’s failed responsibility to prevent the spread of tritium by rain and groundwater through its exposure to waste. The state’s Department of Health and Environmental Control announced last year at a meeting of the Atlantic Compact Commission that tritium levels were trending upwards in six locations, and in the most recent annual trending report from Chem-Nuclear, the company released similar results of tritium in the groundwater. DHEC, for its part, also maintained that the site is in full compliance of regulations and protective of public safety. “The Court of Appeals based yesterday’s opinion on findings from a 2005 order of the Administrative Law Court,” DHEC spokesman Mark Plowden said earlier this month. “As a result, the court did not have the benefit of all information related to its concerns. DHEC diligently enforces the regulations to ensure the facility is operated in a safe manner and closely monitors compliance at the facility.”
