Ventura County weighs legal action in cleanup of Boeing-owned former nuclear test site

Clarification: Under a settlement with the state, Boeing is tasked with cleaning up radioactive contamination in the soil at the Santa Susana Field Lab to the most stringent "background" level.

Ventura County is partnering with Simi Valley, Los Angeles County and the city of Los Angeles to consider litigation if the long-delayed cleanup of the Santa Susana Field Lab isn't as stringent as possible.

The Ventura County Board of Supervisors unanimously approved the partnership last week in closed session. County Counsel Tiffany North announced the action in open session.

North said the two counties and the two cities, plus other potential public entities, will possibly take legal action to enforce the remediation of the site to so-called background levels if the responsible parties "adopt a program for cleanup at a lesser level."

"Background" is the most stringent cleanup standard.

North said if litigation is initiated, details of the case, including plaintiffs and defendants, will be disclosed to the public.

The 2,850-acre site in unincorporated hills outside of Simi Valley at the Los Angeles County border experienced a partial nuclear meltdown in 1959 when it was the Rocketdyne/Atomics International rocket engine test and nuclear facility.

The site was a premiere research facility for the United States during the Cold War and also experienced other chemical and radioactive contamination over the years.

Erodes: Cleanup activists say new agreement with Boeing weakens field lab remediation

Aerospace giant Boeing owns most of the location.

NASA administers a smaller portion, while the federal Energy Department doesn't own any land there but is responsible for cleaning up sections of it.

Under 2007 and 2010 legally binding agreements with the state, the remediation of soil and groundwater at the site was supposed to have been completed by the end of 2017. But it hasn't begun yet.

The California Environmental Protection Agency in May announced a new settlement agreement with Boeing, saying it will strengthen the cleanup of the company's portion of the site.

The EPA says that under the pact, Boeing is indeed tasked with cleaning up radioactive contamination in the soil to background level.

But cleanup activists say the long-delayed remediation will be significantly weakened by the May agreement, leaving at least 90% of Boeing's contaminated soil not cleaned up.

The Los Angeles County County Board of Supervisors earlier this year directed county attorneys to explore potential legal action to ensure the 2007 and 2010 agreements are carried out and a full cleanup is completed as soon as possible.

In voting to partner with Los Angeles County, Ventura County Supervisor Carmen Ramirez said Monday the board and county residents who live near the site are deeply concerned about the remediation being done thoroughly.

"The board is poised to do what's necessary to ensure a proper cleanup that might involve litigation," said Ramirez, who chairs the county panel. "We're watching and we're hopeful and it remains to be seen what will happen."

State EPA spokeswoman Erin Curtis said in a statement Tuesday "it would be unfortunate if litigation continued to delay the cleanup this community is seeking and deserves."

She said the settlement agreement "stops the endless delays, imposes a cleanup standard that has been rigorously analyzed to protect the health of nearby communities and finally holds Boeing accountable.

"We're confident in our legal position," she added.

Simi Valley Mayor Keith Mashburn said in a statement Monday the city is looking forward to partnering with the counties in an effort to "avoid litigation and ensure that the Santa Susana Field Lab is cleaned up as soon as possible.”

Cleanup activist Melissa Bumstead praised Ventura County for joining the partnership.

"It's amazing," said Bumstead, a West Hills resident who founded the activist group Parents Against Santa Susana Field Lab, on Monday. "We've been getting a lot of good support from elected officials."

Water board meeting

Meanwhile, the Los Angeles Regional Water Quality Control Board on Thursday will consider adopting a memorandum of understanding with Boeing. The MOU is separate from the state's settlement with Boeing but related to the cleanup.

The board provides government regulatory services related to water pollution and control for Los Angeles and Ventura counties.

The MOU would establish the processes that the board will use to evaluate the quality of Boeing's stormwater discharges following the aerospace company's soil cleanup, according to the board.

Axed: Were Boeing's fines after Woolsey Fire reduced due to conflict of interest?

Runoff from the site has been contaminated and has gone into neighboring communities and waterways, cleanup activists say.

If Boeing completes its soil cleanup to the board's satisfaction, the board will then consider lifting Boeing's pollutant discharge elimination system permit, which regulates its surface water discharges.

That would mean Boeing's discharges would no longer be regulated, according to the cleanup activists.

Since Boeing's settlement agreement with the state would leave at least 90% of the company's contaminated soil not cleaned up, stormwater runoff from that portion could be still be toxic but unregulated, the activists say.

Thus, they're urging the board to reject the memo of understanding.

The board's vote Thursday "may be the most consequential decision, in terms of protecting or harming public health and the environment, that board members will make during their time on the board," wrote Dan Hirsch, a leading cleanup activist, in a statement to the board.

Boeing declined comment Tuesday.

The water board's meeting starts at 10 a.m. Thursday at Santa Clarita City Hall, 23920 Valencia Blvd., #120, Valencia. It can be viewed online at cal-span.org.

Mike Harris covers the East County cities of Moorpark, Simi Valley and Thousand Oaks, as well as transportation countywide. You can contact him at mike.harris@vcstar.com or 805-437-0323.

SUPPORT LOCAL JOURNALISM and get all the latest Moorpark, Simi Valley, Thousand Oaks, and transportation news from Star reporter Mike Harris. Get a digital subscription.

This article originally appeared on Ventura County Star: Ventura County weighs legal action in Santa Susana Field Lab cleanup