Badger Ammo plan consultant gagged
Army said independent expert can't issue recommendation on cleanup proposal
Should an independent expert advising a citizens group about a proposed cleanup method for a contaminated site be able to express a professional opinion?
The way the Army sees it, the answer is "no." An expert paid for by the Army to analyze an upcoming cleanup proposal for a section of the Badger Army Ammunition Plant near Baraboo should only provide pros and cons, not a recommendation, say Army officials.
The 7,354-acre plant site, contaminated by years of explosives manufacturing from 1942 to 1975, was declared excess property by the Army 10 years ago, and is being decontaminated prior to its turnover to the state Department of Natural Resources, the Ho-Chunk and other agencies.
Laura Olah, a member of the Badger Restoration Advisory Board that represents community members in the area, says that restricting an expert's advice could limit his or her ability to do an adequate job. Sen. Herb Kohl, D-Wisconsin, shares Olah's concerns and has asked the U.S. Department of Defense to look into the matter.
Under the federally funded Technical Assistance for Public Participation (TAPP) program, the military service responsible for a contaminated site pays for independent technical advisers for local communities dealing with the complex technical issues involved in cleanups.
This summer the Badger Restoration Advisory Board asked for Army funding to hire a consultant to review a feasibility study being done by contractor SpecPro for cleanup at one of the contaminated sites on the plant. The study will evaluate cleanup methods for now-dry settling ponds that were contaminated with lead, mercury, explosives and other toxins.
"Residual soil contaminants could pose a risk to groundwater quality, wildlife, food crops and grazing animals such as cattle, deer and bison," said Olah, who chairs the board's TAPP committee and represents Citizens for Safe Water Around Badger. "An independent consultant will help the board identify solutions that are in the best long-term interest of public health and the environment. We expect that the Army will propose either no or minimal cleanup -- leaving the majority of soil contamination in place."
The Army's "scope of work" document to be sent out this month seeking applicants for the consultant job says the independent expert should "explain the function and implications, benefits and weaknesses of those technologies selected to investigate or clean up sites at the installation without expressing a professional opinion for or against the selection."
Badger plant administrator Joan Kenney says that language clarifies a general Army rule that restricts independent experts from disputing remedies proposed for a contaminated area by Army contractors.
But a California consultant who has provided analysis for other military facilities says he has never been restricted from expressing professional opinions on chosen cleanup methods.
"I find the restriction imposed by the Army disturbing," Peter Strauss wrote in an e-mail to Kohl. "It will cast doubt on the work of the professional hired by the Restoration Advisory Board. There is, in my opinion, an overwhelming argument that the community and the responsible parties benefit from independent technical assistance without any restrictions. ... After all, we are reading public documents, digesting them, and providing an independent view to the public."
But Kenney said the Army does not hire such consultants to provide recommendations, only to present the "pluses" and "minuses" of a proposal. She said there will be a public comment period to discuss the recommendation. The purpose of the independent expert is to interpret scientific and engineering issues for community members and contribute to the effectiveness and timeliness of environmental restoration work, she added.
Kenney said she and an Army contract official came up with the specific language about not allowing personal opinions in response to questions from Olah.
"We did not want to come up with anything that was afoul of regulations," she said. "We wanted to make sure there was not an issue regarding a dispute over the remedy that would make the contract ineligible for funding. We felt that stating pros and cons would eliminate the concern about complying with the requirements."
Mike DeVries/The Capital Times
Badger Army Ammunition Plant administrator Joan Kenney says independent experts may only give the pros and cons, not recommendations, on the upcoming cleanup proposal.
