Water Board Expected to Order Closing of Toxic Dump Facing $6.2-Million Fine

The state Regional Water Quality Control Board is expected to approve a proposal today that will shut down the landfills at Casmalia Resources, one of two toxic waste dumps in Southern California.

The U.S. Environmental Protection Agency recently had ordered Casmalia to close most operations by Oct. 28 and proposed a $6.2-million fine against the dump for accepting more waste than it was authorized to handle. EPA officials say that the landfill’s owners could appeal both the fine and the closure order and stay open long beyond the mandated closing date.

But the proposal before the state water board to prohibit the site from accepting regular toxic waste shipments after Nov. 26 cannot be appealed. Water board officials say they expect the proposal to be passed, largely because legislation mandates that the dump be closed.

In 1984, the Legislature ordered that toxic landfills that did not meet stricter new standards would be effectively prohibited from accepting toxic materials in five years. Next month, Casmalia’s five years are up.

Santa Barbara County officials have been critical of the water board for waiting until the last day of the five-year period to take action.

“They’ve waited until the 12th chime of the clock before doing anything,” said Mary Ann Scott, a hazardous waste specialist for the county. “This should have been looked at years ago, especially considering the history of alleged health violations as a result of the dump.”

While the four landfills at Casmalia will soon be shut down, this does not mean that Casmalia Resources is out of business. The EPA has announced a controversial decision to grant draft permits for two new toxic landfills at the site. The owners of the dump have applied to build two large landfills and five “evaporation” ponds to treat contaminated ground water and other toxic liquids. But their proposal must first complete the lengthy local, state and federal approval process.

And after Nov. 26, the water board will still allow the dump to accept about 20 truckloads of waste a month for the specific purpose of drying up seepage under the landfills. The water board will give Casmalia one year to complete this process and then will not allow any more waste to be brought to the site. The county and Casmalia now are involved in litigation over this controversial cleanup method.

The water board waited until now to order the closure of Casmalia because “coordinating all the closure requirements” is a time-consuming process, said Eric Gobler, a senior engineer for the water board.

“I sympathize with some of the frustration,” he said. “But people should also realize there’s only a few places in the state to dispose of hazardous waste. If we closed all those areas, this state would be in a world of hurt.” The only other toxic dump in Southern California is at Kettleman City in Kings County.

The water board also was under criticism earlier this year for fining Casmalia only $130,000 for contaminating ground water outside the boundaries of the dump. The board had the authority to fine the owners of the dump up to $1.45 million.

Residents of the small town of Casmalia, about 70 miles north of Santa Barbara, claim there have been extensive health problems in the community because of the dump. Many say they are outraged that the dump has received draft permits for more landfills and plan to turn out in force when the EPA holds a public hearing Nov. 8 in Santa Maria on the issue.

“The government gives them a $6-million fine and at the same time gives them the permit to expand the dump. What a joke,” said Nick Irmiter, a longtime Casmalia resident. “After all the medical problems we’ve had and all the violations at the dump . . . the whole thing is criminal.”

But EPA spokesman Al Zemsky said the proposed $6.2-million fine and the permit for Casmalia’s expansion “are unrelated.” Casmalia applied for the permit and the EPA is “obligated by law to accept the application, regardless of the history of the facility,” he said.

The fine, subject to revision depending on further information about Casmalia’s profits, was the largest ever imposed under federal toxic waste disposal laws. The EPA charged that Casmalia violated the law by accepting too much waste and improperly expanding its landfills. Casmalia has until the end of the month to respond to the proposed penalty.

Officials at Casmalia Resources did not return numerous phone messages left at their Montecito headquarters.

Casmalia officials had long maintained that the landfill was one of the safest in the country because an “impermeable” natural clay vault prevented contamination of ground water.

But in the last year, ground water contamination has been detected in four areas outside the boundaries of the dump. Many residents now fear that even if local or state authorities block Casmalia from building new landfills, the existing contamination will continue to plague the area.

“Years after the dump is closed, the contamination’s going to be causing serious problems,” said Hugh Hanna, a member of Casmalia Community Advisory Committee. “If this contamination starts seeping into the water basin you’re going to see massive health problems.”

But water board officials said they do not believe off-site contamination will seep into the area’s water basin because water beneath the site is flowing to the south, away from the area’s drinking water supplies.

The town of Casmalia has a population of only 175, but since 1982, 15 residents have died, three have contracted rare blood diseases and there have been three stillborn births and five miscarriages, according to Kenneth McCalip, principal of Casmalia School and unofficial toxic waste spokesman for the town.

A recent county-commissioned medical study conducted by nine doctors could not definitively link the serious health problems among residents to the dump. But the study concluded that the dump could pose long-term health hazards to residents, and five of the nine doctors endorsed closure of the dump.

“While the commission could not confirm an imminent . . . substantial endangerment to health, that by no means implies a clean bill of health for operation of the facility,” the report said. “The major adverse effects might not manifest themselves for decades.”

Residents say the commission did not have access to their medical records so it could not accurately assess the health problems caused by the dump. A number of residents have filed a class-action lawsuit against Casmalia Resources, the state and county, and they have been advised by their attorneys not to turn over medical records.

BACKGROUND

Casmalia Resources, one of two toxic waste dumps in Southern California, opened in 1972. The dump has been beset by controversy for years, and many residents of the nearby town claim they have suffered serious health problems because of the facility. The dump will soon be prohibited from accepting regular shipments of toxic waste, state officials say. But Casmalia already has applied for permits to open new landfills.