Report lists 90 Mosquito District violations
By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 08/24/08
ST. AUGUSTINE BEACH -- For 30 years, Anastasia Mosquito Control District field sprayers washed accumulated dirt and pesticides off their service trucks while they parked above an open drain at the Anastasia Island base station.
Last week, Kelly Murray, a risk management inspector for MACTEC Engineering & Consulting Inc., of Jacksonville, warned the district's Board of Directors that no one knows where that drain pipe has been flowing and she advised them to find out.
She doubted serious contamination was probable, saying, "At this point, we don't know that the conditions exist to report anything."
Even so, board members voted unanimously to authorize $12,000 to hire a consultant to find out where that drain empties.
Board member John Sundeman said the drain was probably installed in the 1970s.
"An employee told me that they have been dumping all kinds of things down that drain for years and years," he said. "If that is true, we could be liable for enormous penalties."
At an emergency board meeting last week, St. Augustine resident Ed Slavin told the board that the district has had a "lackadaisical attitude" about chemical and pesticide contamination for 60 years and he suggested that someone now call the National Response Center.
"I think we have a groundwater contamination problem," Slavin said.
Sundeman agreed, saying, "If there is (groundwater) contamination, we have a responsibility to clean it up."
The MACTEC audit listed 90 deficiencies in its audit.
Of those, 24 were Level 1, meaning they needed immediate attention, 42 were Level 2, or "priority action required," and 24 were Level 3, which are "action required."
The Level 1 offenses are "situations that could result in substantial risk for the environment, the public, employees, customers or in civil or criminal liability for knowing violations."
The ones listed by the audit concern multiple counts of hazardous waste management, emergency planning, fire protection and bulk liquid storage tanks plus best management practices concerning safety and industrial cleanliness.
The Level 2 and Level 3 violations are minor and a large part of them have been addressed already, district staff said.
Murray also noted that the district should supply a list of its chemicals on site to local emergency service units. "This is so they know what you have on hand in case they need to respond," she said.
On the positive side, the report also noted that the district "generally meets regulatory requirements" and uses "especially commendable practices" in employee training, cleanliness of its stations, monthly inspections, solid and liquid waste management, chemical management, record keeping, safety, bulk liquid storage tank management and pesticide management.
"The team was impressed in your efforts in those areas," Murray said.
Board Chairwoman Jeanne Moeller said the district is always trying to reach compliance with regulations.
"We just didn't hit the bulls-eye this time," she said.
Sundeman said there were enough listed deficiencies for him to wonder about accountability.
"Where does the buck stop?" he said, asking if Director Rie-de Xue should have known of the violations.
Board member Linda Wampler chastised Sundeman for accusing Xue for being responsible.
"I'm tired of having our director accused for previous board mistakes," Wampler said.
Sundeman made a motion to require two unannounced annual inspections of district facilities every year "to ensure the district is in compliance with all local, federal and state regulations."
The motion passed 2-1, with Sundeman and Moeller for and Wampler against.
Board member Emily Hummel was absent.
Sundeman thanked Porpoise Point resident Cathy Brandhorst, a former expert witness for the Department of Agriculture, for letting the district know of mistakes in pesticide use and storage.
"This shouldn't be brought to our attention by a private citizen," Sundeman said.
Two years ago, Ms. Brandhorst was at her home and smelled malathion. When it happened again, she called Xue. When nothing was done, she called the Department of Agriculture, which cited the district for allowing sprayers to work in short sleeves and shorts.
Sundeman then asked for an outside audit, which cost $10,000.
"If Ms. Brandhorst had never come along, none of this would have come out and the district might have been liable for huge fines or a lawsuit," Sundeman said. "If we broke the law, we'll pay the price. We'll admit it and pay the consequences."
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