Ron Curry
The New Mexico Environment Department announced settlements on Wednesday with the U.S. Air Force over hazardous waste management procedures at Kirtland Air Force Base in Albuquerque and with Helen Chemical Company over air quality violations at its plant in Mesquite.
The settlement with the military requires Kirtland to replace the fuel storage facility with a state-of-the-art unit, and to cease operations of a treatment unit that burns hazardous waste munitions, according to a news release. The agreement settles the department’s assessment of fines for alleged violations — some uncovered as a result of Kirtland AFB’s self-disclosures, and others by an NMED compliance inspection in July 2008.
The NMED’s agreement with Kirtland mandates $10.5 million in improvements at the base and settles all the department’s fines for alleged violations.
“Members of the local community have long complained about open hazardous waste burning at Kirtland,” NMED Secretary Ron Curry said in the release. “We have been listening and are proud to have helped end this practice once and for all.”
“I want to applaud the Air Force for sitting down and negotiating a solid agreement that will help protect Albuquerque’s air and aquifers for years to come,” Curry said.
“Kirtland AFB is committed to being responsible stewards of the environment, and will continue to evaluate existing base processes and programs to ensure full compliance with all environmental regulations,” Col. Michael S. Duvall, installation commander, said in the release.
Helena failed to test and monitor air quality
The $208,331 settlement with Helena Chemical Company stems from 10 violations of the company’s air quality permit detailed in a compliance order the department issued against the Tennessee-based business in July 2008.
Helena faced sanctions because it allegedly neglected to conduct testing and monitoring to make sure air quality standards were met and for failing to maintain records of plant operations.
“Helena must pay a considerable penalty for violating state air quality laws that any responsible business owner would find reasonable to follow,” NMED Environmental Protection Division Director Jim Norton said in a news release announcing the settlement. “We will continue to monitor the company to ensure its operations do not endanger residents or the environment.”
Helena disputed one violation. The department alleged that the company failed to close doors and openings at the facility during operations.
As part of the settlement, the company does not admit liability for that alleged violation. The department dismissed the open doors violation against the company.
The department first issued an air quality permit to Helena in November 2005. That came only after the department issued a notice of violation and assessed a penalty of $238,000 to the company in November 2004 for operating its facility without an air quality permit for a number of years.
In October 2008, the company submitted a request to the department to terminate its air quality permit. The department has not terminated the permit and Helena’s request is under review pending additional information to be submitted by the company.
In addition to two air quality enforcement actions, Helena had to pay a $30,000 penalty to the state in 2006 after the company failed to report a chemical fertilizer spill in that threatened ground water.