Toxic Waste Solution

As problems with the cleanup of our nation’s toxic waste dumps continue to grow, San Diegans read that Convair Lagoon, emptying into San Diego Bay, has some of the highest levels of PCB contamination ever recorded in the state Mussel Watch program. Teledyne Ryan, faced with incriminating scientific evidence gathered by several different labs, denies any responsibility. This kind of reaction is unfortunately typical of companies accused of toxic pollution. The case of the PCB contamination of Convair Lagoon demonstrates the nationwide problems of toxic waste cleanup.

Teledyne Ryan’s initial reaction to the charges was to encourage a widening of the investigation. A company spokesman noted that there are many other possible sources of PCBs around San Diego Bay. Inherent in this statement is the idea that Teledyne Ryan is not solely responsible for the PCB pollution of San Diego Bay.

A few days later, company lawyers denied wrongdoing. They questioned the procedures used to gather the data as well as the interpretation of that data. The lawyers had undoubtedly informed company executives that it does not matter that other PCB sources exist in the San Diego Bay area--Teledyne Ryan can still get stuck with the full cleanup bill.

William Ruckelshaus, former Enivronmental Protection Agency head, delivered a lecture at UC San Diego last year in which he discussed the problems involved in cleanup of toxic wastes. He noted that Japan had the same problems that the United States has now with its toxic waste dumps. The Japanese recognized the problem, got together and cleaned it up. The United States, however, has “deep pocket” liability laws. Any company that admits that it was involved in the dumping of toxic wastes at a dump site may be liable for 100% of the cleanup costs for the site. American companies are too busy defending themselves from such a massive financial responsibility to “get together” as the Japanese have done.

The national toxic cleanup situation brings to mind an image of a group of people standing by a doorway. While each sees the tremendous benefit in getting through the door, he is fearful that he will be stabbed in the back if he is the first to pass through.

Could it be that the “deep pockets” liability laws are counterproductive to the cleanup of toxic wastes in this country? Yes, it certainly could be. The threat that the government can force one company to pay for a cleanup kills the chance that any one company, much less the several needed, will cooperate in the cleanup.

Would Teledyne Ryan’s reaction, or that of any company accused of toxic pollution, be different without deep pockets laws? We cannot say for sure. We can say, however, that our current liability laws guarantee an adversarial relationship between industry and regulators.

It is time to withdraw the threatening knife of deep pockets liability as it applies to toxic cleanup and allow these companies the opportunity to step through the door--to establish a plan for the cleanup of our toxic waste sites.

Locally, Teledyne Ryan’s offer to assist in further studies of contamination of Convair Lagoon should be accepted enthusiastically, including the rejected offer to develop alternate techniques for measuring PCB contamination. Voluntary groups such as the Industrial Environmental Assn. (of which Teledyne Ryan is a member) could be helpful in establishing a cooperative atmosphere. Active assistance from General Dynamics, PSA and the Port District would also be tremendously beneficial. The main objective in any cleanup situation should be to get the relevant companies and the government working together toward a solution.

Milton once wrote that “who overcomes by force hath overcome but half his foe.” We live in a tremendously litigious society, but I am confident that American companies recognize our toxic waste problems. I am also confident that, working together with an environmentally activist government prodded by public opinion, they could build the consensus needed to clean up the sites. Our laws, however, are working against us. By trying to force it to happen, the laws don’t allow it to happen.

BILL HAUER

Del Mar