Colorado Department of Public Health and Environment News Release

FOR IMMEDIATE RELEASE

Thursday, September 24, 2009

CONTACT
Mark Salley
Director, Office of Communications
303-692-2013

Judge Denies State’s Request for Chemical Weapons Destruction Deadline

DENVER – On Tuesday, U.S. District Court Judge Richard Matsch denied state health authorities' request for an enforceable deadline for destruction of toxic chemical weapons at the Army's Pueblo Chemical Depot. Matsch interpreted recent federal legislation to limit the state’s authority for including timelines and deadlines in state administrative orders.

Responding to that ruling, Jim Martin, executive director of the Colorado Department of Public Health and Environment said, “We are disappointed with the judge’s decision, since the practical effect of his decision would be to insulate the depot from enforceable schedules for waste treatment. Clearly, the munitions are hazardous waste and are subject to requirements of our state hazardous waste law. We support the 2017 deadline set by Congress to complete destruction of the waste, and we intend to consult with our congressional delegation on how we can work together to set – and enforce – strict time lines for cleaning up these munitions.”

The ruling pertains to 2,600 tons of mustard agent stored in assembled munitions at the U.S. Army facility near Pueblo, as well as the state’s efforts to have the hazardous waste destroyed. Mustard agent is listed as a hazardous waste in Colorado, and environmental regulations prohibit indefinite storage of hazardous wastes.

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