Although it’s been one year since the Environmental Protection Agency released millions of gallons of toxic waste into the Animas River, there are still many questions left unanswered and many individuals, businesses and localities that have not been wholly compensated.
That’s why I remain committed to seeing that the EPA is held fully accountable for its actions and to the same standard it expects private companies to meet.
On Aug. 5, 2015, the EPA released approximately 3 million gallons of contaminated water from the Gold King Mine into the Animas River and Cement Creek. In the days that followed the incident, I visited the site and spoke with EPA representatives and urged them to share all necessary information with state, local and tribal officials.
While the immediate focus was to stop the heavier flow of contaminants, I also spoke with EPA Administrator Gina McCarthy about the EPA’s long-term restoration plan and urged the expeditious reimbursement of all of the parties affected by the spill.
The EPA’s response, however, was insufficient and untimely. In fact, the initial response to the spill was largely from state, local and tribal officials. For example, the Colorado Department of Public Health and the Environment was the first to notify the city of Durango, and the Colorado Department of Natural Resources was the first to notify the Southern Ute Indian Tribe of the release on Aug. 5.
Furthermore, the La Plata County Sheriff closed public access to the Animas River on Aug. 6. It was not until Aug. 10 that the EPA established a unified command center in Durango. Because of the EPA’s communication failure, lack of coordination with local officials and disbursement of factually incorrect information, frustration mounted – and rightly so – over the need for a timely release of a simple, straightforward interpretation of the water quality monitoring data from the EPA.
Although significant time has passed, I share the same frustration with area officials, and that’s why I look forward to the Inspector General’s report as well as the results of the criminal investigation. The people of Colorado and all of those affected by the EPA’s recklessness deserve answers, and moreover, accountability.
In the meantime, I am focused on fighting to make sure the EPA fully and expeditiously compensates all communities impacted by the spill.
To date, not a single private sector claim has been paid by the EPA, and there are more than 65 federal tort claims that have not yet been paid. This is unacceptable.
I introduced legislation, the Gold King Accountability and Compensation for Taxpayers, that directs the EPA to process and pay these claims, and last month, I wrote congressional leaders requesting that they give this legislation swift consideration.
Additionally, I expect the EPA to make a more permanent commitment to keeping the water treatment plant in Gladstone running past November. Before touring the facility, I contacted the EPA urging additional funding for water quality monitoring, and later welcomed the news that the EPA committed to providing $600,000 in additional funding to support spring runoff as well as real-time monitoring efforts.
The EPA, however, can and must be doing more.
Lastly, it’s important that Congress acts to ensure another preventable disaster of this magnitude is not repeated.
That includes passing good Samaritan legislation that I’m working on that would allow good Samaritans – like the mining industry, state agencies, local governments, nonprofits and other groups – the ability to clean up the environment and improve water quality conditions in and around abandoned mines.
As we learn more about how the EPA failed the people of Southwest Colorado through the ongoing investigations, I expect full transparency and will fight to make sure that those who are responsible are held accountable.
Republican Cory Gardner is the junior United States senator from Colorado. Reach him at https://www.gardner.senate.gov/contact-cory/email-cory.
