St. Augustine sells 'toxic soil' to county landfill

St. Augustine sells 'toxic soil' to county landfill
By Ryan Smith, Fernandina Beach News-Leader

A plan for Nassau County to accept landfill cover soil from St. Augustine has drawn fire from critics who say the material may be unsafe.

The Nassau County Commission approved an agreement with the city of St. Augustine May 12 to accept the cover soil.

The Florida Department of Environmental Protection ordered St. Augustine to remove the material from its landfill due to high levels of contaminants. Unable to use its landfill, St. Augustine approached Nassau County, which has a Class 1 landfill - a landfill capable of safely handling toxic material - for relief. St. Augustine has committed to screening the soil to remove solid waste prior to sending it to Nassau County.

"I don't think it's a question of 'it's not safe,' because there were analyses done and a written opinion by DEP that it's safe to be used as cover," said Nassau County Coordinator Ed Sealover. "We spent a fair amount of time with DEP and with our own engineers discussing this, and we don't feel it's any health hazard whatsoever. ... We spent a lot of time to make sure that it was blessed, so to speak, by DEP."

Sealover drew a distinction between the cover soil and "toxic waste." He said while the cover soil may have low levels of toxic material in it, a Class 1 landfill is designed to handle those levels safely. Once screened, the dirt's toxin levels should be comfortably within the landfill's limits.

However, some question whether the screening process is thorough enough to remove all the toxins in the soil. "They haven't screened (the soil) yet, and the process hasn't been tested yet," said St. Augustine activist Ed Slavin.

"The testing (St. Augustine) did originally wasn't done well," said St. Augustine Sierra Club member Dwight Hines. "The main thing is you should know what you're getting - arsenic and toxic elements."

In fact, a report on June 2006 field-testing does mention that arsenic was detected in one surface sample and two subsurface samples. The report describes the arsenic levels in the unscreened samples as "above the residential cleanup target level ... but below the commercial/industrial CTL."

Slavin and Hines have been fighting the DEP and St. Augustine on the waste issue. In a response to St. Augustine's report on toxin levels, Hines claimed the city's tests were not performed in accordance with generally accepted scientific procedure. He said that although the city tested the material for toxins, there were "quantitative and qualitative deficiencies" in the testing method, including failure to analyze samples within the required timeframe and breaks in the chain of custody.

Sealover insisted the cover dirt would be safe. "We were not going to bring it before the board (of commissioners) unless we were certain it posed no health hazard," he said.

Slavin, Hines and others are currently suing the city of St. Augustine for illegally dumping the waste in the city's old reservoir, as well as the DEP for failing to take adequate action against the city. In fact, Slavin said, St. Augustine is only partnering with Nassau County because the city was legally compelled to remove the waste.

"The DEP ordered the stuff be removed. ... The city fought putting the stuff in a Class 1 landfill and insisted on putting it in Lincolnville (a historically African-American neighborhood), which is environmental racism," Slavin said.

When St. Augustine was ordered to remove the waste, it approached Nassau County

and an agreement was struck

for the county to take the dirt after St. Augustine has screened it. The county will even make money on the deal - St. Augustine is paying $1 a ton to get rid of the dirt.

Commissioner Jim B. Higginbotham said he recognizes the controversy, but relies on expert advice. "Where are you supposed to stop (questioning)?" he said. "Are you supposed to say that the DEP is screwed up as well? ... We've just got to stay within the realm of 'who do we trust?' The DEP says, 'We don't have a problem with it if you do it this way.'"

Should environmental questions arise, the county's agreement with St. Augustine is not binding. "It's not a contract ... we have the right to cease and desist at any time," Sealover said. "It can only be used as cover material on a very specific site out at the landfill. ... If there's any suspicion on our part (that the dirt is toxic), we will cease receipt of the dirt."

Commissioner Mike Boyle did not attend the May 12 meeting.

rsmith@fbnewsleader.com