Who's responsible for old landfill?

By Pat Jenkins The Dispatch Eatonville officials are gearing up for a possible fight over legal responsibility for the cleanup of a long-abandoned landfill that was once used by the town. The Town Council was expected to approve Monday the hiring of an attorney who specializes in environmental laws to represent Eatonville in discussions with private interests and government agencies about what to do with the site. Town officials were contacted last year by Weyerhaeuser Co., the former owner of the site. In a letter from Sara Kendall, a Weyerhaeuser vice president, the company said that based on prior arrangements with Eatonville and the state for use of the property, the town is responsible for "any current or long-term issues relatedGÇ¥ to the former landfill. Inspections of the site by the Tacoma-Pierce County Health Department and the state Department of Ecology have found environmental problems, including nearby natural water sources that drain through the five-acre site, which is located near the intersection of State Route 7 and Medical Springs Road outside the town limits. Starting in 1950, Eatonville leased the land from Weyerhaeuser and used it as a landfill. The site was closed in 1980. State regulations for shutting down a landfill were followed, but concern has been raised by officials about the site's condition and impact on the environment. In a report issued in 2010, the Health Department recommended capping the site with a new layer of soil to help reduce the amount of hazardous material leaching from buried waste. The department also said a spring near the top of a slope on the western side of the site should be rerouted away from the dump. At the base of the dump, creeks and springs flow into the Mashel River, a tributary of the Nisqually River. According to the department, residents of Eatonville and surrounding areas used the site to dispose of automobile bodies, appliances, household garbage and tree stumps. Some waste and debris is uncovered, health authorities said. In 1998, Weyerhaeuser sold the forested land around the dump site to the State Parks system as part of the state's plans and development of Nisqually Mashel State Park. According to Kendall, Weyerhaeuser and Eatonville acknowledged in 2002 that environmental improvements of the site were needed, but a rehabilitation project was never finished. Weyerhaeuser now wants to convey ownership of the land to Eatonville and have the town free the company of any current or future liability for environmental measures. Other options proposed by Weyerhaeuser include having the town undertake any actions recommended by the Health Department or Department of Ecology, Kendall said. She said Weyerhaeuser might also ask the state to undertake a study to determine the threat of hazardous substances at the site, which "would ultimately lead to a rigorous and conclusive regulatory outcome.GÇ¥ Costs for a cleanup haven't been determined. In addition to hiring a lawyer, Eatonville has hired Schwyn Environmental Services to study the situation and recommend steps for resolving it. The town is paying $14,285 for Schwyn's help. The contract that was before the council Monday for legal advice is capped at $10,000.

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