On January 9, Cape Downwinders sent a letter to MassDEP Commissioner Bonnie Heiple calling for the state to intervene and enforce state regulations and the AGO-Holtec Settlement Agreement to stop Holtec from disposing the industrial wastewater via evaporation AND to initiate an independent investigation into the August whistleblower letter regarding worker and public health safety allegations. We are waiting for the response and state action. [See full letter link below.]
That Settlement Agreement specifically states in Sec. III 16-“Nothing in this Agreement shall release any person from the obligation to remediate new, undiscovered, or undisclosed releases of radiological contamination or non-radiological oil or hazardous materials in accordance with federal or Massachusetts statues and regulations.”
Since the state has already determined through the NPDES application process that the industrial wastewater is a new source of water at the Holtec-Pilgrim decommissioning site, why wouldn't that also hold true for that same contaminated wastewater now under forced evaporation entering our airways?
In addition to enviromental evaporation impacts, the whistleblower letter received by CDW and the MassDPH in August cited worker and public health and safety issues from the untreated, unfiltered, and unmonitored wastewater effluent going out the vent. The letter also included concern for direct worker exposure on the floor. There still has been no independent investigation.
On September 25, MassDEP instructed Holtec to inform them of any changes, and if evaporation was to be their method of discharge. While both engineering change and evaporation have been implemented since March 2023, Holtec has yet to contact the MassDEP as directed.
Pilgrim Watch leaders Mary and Jim Lampert also sent a letter to Governor Healey citing Massachusetts regulations that would halt the evaporation. They explain, "It seems clear that these evaporative emissions will end up in Cape Cod Bay, and that they are prohibited by the Ocean Santuaries Act, the Endangered Species Act, and the DEP anit-degradation regulations." [See full PW letter link below.]
Can the Mass Department of Public Health step up?
Under M.G.L. ch.111 sec. 5N, "The department of public health shall establish rules and regulations of the commonwealth insofar as they pertain to the health aspects of ionizing and nonionizing radiation. Such rules and regulations shall apply exclusively throughout the commonwealth."
The law goes on, "The duly authorized inspectors of the department shall have the power to enter at all reasonable times upon any private or public property subject to its jurisdiction for the purpose of determining whether there is compliance with or violation of sections five N to five Q, inclusive, or any rule, regulation, license, registration or order adopted or issued thereunder."
Without direct state oversight as supported in the Settlement Agreement,
Holtec is getting free reign to contaminate our communities.
Read full CDW to DEP letter here>>>
Read full PW letter here>>>
Read Settlement Agreement here>>>
Read full whistleblower letter here>>>
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