Getting Through The River Cleanup

To all of Warrenville: Be Patient! Do NOT panic!!! Be informed!

Yes, it is undeniable that when the radioactive thorium cleanup in the river and banks hits Warrenville, to quote Brook MacDonald, President & CEO, The Conservation Foundation, it is “going to be ugly . . . .” The good news is, the City will get past it and if diligence is exercised throughout the cleanup and restoration, Warrenville will be an even better and more desirable community.

Perhaps one of the lessons that can be learned is what happened in West Chicago. West Chicago, spirited by the efforts of the Thorium Action Group (TAG), recognized and embraced the fact there was major radioactive material contamination in the City. Their apparent goal was to get it removed and the impacted areas restored. The City negotiated for the an incredible resolution and restitution. West Chicago is emerging as a vibrant, vital, environmentally responsible, progressive community. Warrenville can learn and emulate from what has transpired.

What can the community do?

Everyone needs to be diligent. Stay on top of what is happening, stay informed, stay aware. This cleanup is happening in OUR community. As a community, consider the need to lobby for the river to be restocked, the ecosystem to be restored and habitat to be recreated. Improved river bank stabilization should perhaps also be encouraged. The DuPage County Forest Preserve owns significant portions of the river that will be impacted. If you have concerns/questions/suggestions regarding the removal or restoration plans for the Forest Preserve property, contact your District 6 Forest Preserve Board member, Roger Kotecki and/or attend the Board meeting(s).

When the contaminated material removal for each “reach” area on the river is imminent, the US EPA hosts an open house for the public to “answer questions and provide specific information to the public concerning the cleanup of [that reach] . . . . Detailed information about the project can be obtained at the open house . . . .” The first such meeting for areas in Warrenville is likely to be for Reach 5C which extends from the confluence of Kress Creek with the West Branch of the DuPage River to Mack Road. The estimated construction schedule for that reach is Fall 2006 to Late Spring 2007. This is to be followed by Reach 5D, from Mack Road to about the southern most portion of River Oaks, in the same timeframe. Since reach 5D includes the portion of Blackwell Forest Preserve that includes the dog area, it may be of great interest to its users. These open houses are a tremendous opportunity to talk one-on-one with the key individuals involved with the cleanup. Typically, in addition to the host, there are representatives from the company actually doing the physical cleanup, Kerr-McGee, and Christopher Burke Engineering West.

These are public information meetings, NOT public hearings. Therefore, there have not been public notices in the newspapers. Perhaps the City of Warrenville could provide a public service by including such meeting announcements on the City’s website and on Channel 10? If there is sufficient notice to include it in Warrenville Today, the Editors have committed to publishing it.

Private Property Owners:

You may have choices as to what you want in restoration. You do not have a choice as to whether or not you want the thorium removed. It is Court Ordered.

Property owners who have not entered into an agreement with Kerr-McGee granting access for the removal of the thorium and restoration, may want to consider including the following:

an indemnification clause,

liability for any damage to the property,

Kerr-McGee obligated to provide flood insurance,

Three year minimum obligation to warranty and maintain the restoration and longer if the restoration fails to become established,

A termination date to the agreement,

A penalty clause should Kerr-McGee fail to meet the terms and conditions of the agreement,

Notice of coming on your property (e.g. twenty-four hours to be watchful of when to NOT put the dog in the yard or move sound sensitive animals),

Addressing alternative ways to provide greater stability of the river bank, if that is a concern,

Restoring the disturbed area with environmentally sound Best Management Practices (BMPs) including the use of native plants to provide a vegetation filtration buffer,

Reimbursement for animal boarding costs,

Limits on the light pollution,

Limits on the sound pollution,

Limit hours of major work to 8AM to 6PM on weekdays and 9 to 6 on the weekend, for example, or even later start time on Sunday to minimize disruption to neighboring places of worship, and

Banding together for a greater negotiating position.

When negotiating, consider what will have to be removed. If it is grand old Oak Trees, that may be more negotiating leverage than an area populated with Buckthorn and Box Elder. Property owners may want to seek legal advice, especially a lawyer specializing in environmental law, to review agreements proposed by Kerr-McGee.

Bottom Line:

This cleanup is necessary, as determined by the US EPA and the ruling of the Court to order the cleanup. It will pass. If the effected property owners and the entire community work together and are vigilant in the planning and oversight, Warrenville could emerge with a healthier, cleaner river that any City could be proud of. This will not be accomplished without effort. Following are a few suggestions:

Consider encouraging the City to publish information including what is planned and happening in a timely manner,

Consider encouraging the City and DuPage County Forest Preserve to have public meetings to provide information and a forum for discussion,

Should the City have an on-sight overseer, informed and knowledgeable of the obligations of Kerr-McGee and BMPs?, and

Focus on the positive outcomes, while being circumspect.

Again, be patient, do not panic, be diligent, be concerned. Make this cleanup and community involvement a model for the rest of the nation in terms of how to deal with a superfund site cleanup and restoration!