This is an archived article that was published on sltrib.com in 2012, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Officials at Hill Air Force Base failed to report a mercury spill in 2007 and ordered untrained workers to clean up the hazardous waste with vacuum cleaners instead of calling in experts as federal regulations require, documents released Wednesday allege.
The spill may have put the health of thousands in jeopardy, as mercury leaked into the ground with the potential to contaminate water supplies in Davis County.
More than 60 pounds of mercury spilled during a retrofit when Hill Air Force Base (HAFB) workers removed more than a dozen ring balance meters from boilers that contained mercury, said Scot A. Boyd, an attorney with the Salt Lake City-based law firm Christensen and Jensen, which represents a whistleblower who reported the alleged improprieties.
Workers failed to properly dispose of the mercury filled meters, which were instead placed on pallets outside, where they leaked liquid mercury into the ground, Boyd said.
Workers weren't able to recover all of the mercury, and the material that was recovered was placed in plastic containers and placed in various locations around the base, he said.
The Utah Department of Environmental Quality had issued a notice of violations to HAFB in a March 2 letter addressed to Robert T. Elliott, chief of the base's environmental management division, demanding the base submit written verification that the violations have been corrected by April 2.
Meanwhile, questions remain as to how much damage the mercury has caused — and why the base allegedly put the public at risk by not taking proper measures to clean up the spill.
Mercury can damage the central nervous system, kidneys, liver and brain. Repeated exposure to low levels of mercury can cause muscle tremors, irritability and personality changes, according to the DEQ and U.S. Environmental Protection Agency.
The investigation into the spill began when a whistleblower called a hotline set-up by Christensen and Jensen, asking for help in reporting the spill. The whistleblower, a former employee at Hill, contacted the law firm last fall and the claims were passed onto the DEQ and EPA. Boyd said the employee had been reluctant to come forward earlier because he feared repercussions and possible criminal liability for following the orders given to him regarding clean-up of the mercury.
The whistleblower reported that instead of calling Hazmat teams or the National Response Center, a federal agency charged with handling toxic spills, Hill workers were instructed to use shop vacs, vacuum cleaners and other methods that environmental regulators don't recommend because of the risk to workers handling dangerous substances.
"As soon as I knew the size of the spill and that liquid mercury was involved, I knew we had to jump on this," Boyd said. "If not for this whistleblower, the mercury could have continued seeping into the ground, potentially poisoning the water supply."
The whistleblower, who has asked to remain anonymous, said he grew concerned about public safety and health risks after participating in the clean-up and storage of the mercury.
"I have friends and family that live near the base and I was really concerned about ground water contamination," the whistleblower said in a statement. Boyd said that although the whistleblower no longer works on the base, he is worried about other family members and friends still employed there who may be retaliated against for his actions.
Boyd said the reaction of HAFB officials to the mercury spill raises broader questions about whether the base has properly handled other dangerous toxins.
"A concern for us is whether or not the people responsible for this spill have been ignoring the Hill regulations and federal regulations on other hazardous materials," Boyd said.
HAFB spokesman Richard Essary said base leadership was notified in October 2011 about "an alleged spill of mercury"on Hill's east side. He said the base is cooperating with an ongoing investigation.
"Our first priority is to ensure the health and safety of our people and the community. When we learned of the allegations, we took immediate action. After the presence of mercury at the site was confirmed through sampling, the Air Force followed standard environmental regulations and developed a corrective action plan to remediate the mercury. This plan was reviewed and approved by the Utah Department of Environmental Quality."
He said the cleanup started in early December and completed in January. On March 5, Essary said, the base was notified of a Notice of Violation of its hazardous waste permit. "We are addressing that violation with regulatory agencies."
Boyd said the whistleblower led investigators to the containers of stored mercury at the base and "steps were taken to protect the health of the military personnel and civilians at Hill Air Force Base and the general public."
The possibility of criminal charges and a hefty civil fine are on the table. A criminal investigation by the U.S. Department of Justice is underway, and will include an examination into whether employees were ordered by an official to hide the mercury and keep quiet about their actions.
Anytime one pound or more of liquid mercury is released into the environment, the law requires that it must be reported to the National Response Center.
Hill could face fines of up to $13,000 per day for the four years during which the mercury was dealt with improperly. The Utah Department of Environmental Quality hasn't yet determined penalties.
According to the March 2 letter sent by DEQ to HAFB, several violations were discovered when officials investigated the mercury claim in October 2011.
The base stored mercury in buildings for longer than the allowed 90 days without a permit; it failed to report and clean up spilled waste; it stored mercury in unlabeled containers that were not in good condition; and it failed to inspect containers storing hazardous waste, wrote Scott T. Anderson, executive secretary of the Utah Solid and Hazardous Waste Control Board in the letter sent to HAFB.
Anderson said it will likely be several weeks or months before penalties are administered in the case. HAFB officials have an opportunity to respond to the alleged violations, he said.
Melodie Rydalch, a spokeswoman for the U.S. Attorney's Office, said Wednesday that she could not comment on any potential penalties or charges involving her office at this time.
Twitter: @mrogers_trib More information
Visit these sites or contact the following agencies about mercury and its health and environmental effects:
Bear River Health Department • 24-hour hotline: 1-877-229-8825
Central Utah Public Health Department • 435-896-5451 or 5452
Davis County Health Department • 801-451-3296
Salt Lake Valley Health Department • 24-hour emergency response: 801-313-6745
Southeastern Utah District Health Department • 435-637-3671
Southwest Utah Public Health Department • 435-986-2580
Summit County Public Health Department • 435-615-3918 (Park City); 435-336-3227 (Coalville)
Tooele County Health Department • 435-843-2300
Tri-County Health Department • 435-781-5475
Utah County Health Department • 801-851-7525
Utah Department of Environmental Quality • Environmental hotline: 800-458-0145
Wasatch County Health Department • 24-hour hotline: 435-657-3264
Weber-Morgan Health Department • 801-399-7160
SOURCES: http://www.mercury.utah.gov, Utah Department of Environmental Quality, U.S. Environmental Protection Agency, Minnesota Pollution Control Agency —
What are the federal regulations for mercury?
Anytime one pound or more of mercury is released to the environment (outside air, water, soil or sewer system), the spiller must call the National Response Center (NRC).
The NRC hotline operates 24 hours a day, 7 days a week. Call (800) 424-8802.
Note that because mercury is heavy, only two tablespoons of mercury weigh about 1 pound.
For more information
Visit these sites or contact the following agencies about Mercury and Its Health and Environmental Effects:
Bear River Health Department • 24-Hr Call Center: 1-877-229-8825
Central Utah Public Health Department • 435-896-5451 or 5452
Davis County Health Department • 801-451-3296
Salt Lake Valley Health Department • 24-Hr Emergency Response: 801-313-6745
Southeastern Utah District Health Department • 435-637-3671
Southwest Utah Public Health Department • 435-986-2580
Summit County Public Health Department • 435-615-3918 (Park City); 435-336-3227 (Coalville)
Tooele County Health Department • 435-843-2300
Tri-County Health Department • 435-781-5475
Utah County Health Department • 801-851-7525
Utah Department of Environmental Quality • Environmental Hotline: 1-800-458-0145
Wasatch County Health Department • 24 Hr Contact: 435-657-3264
Weber-Morgan Health Department • 801-399-7160
Sources: http://www.mercury.utah.gov, Utah Department of Enviornmental Quality, U.S. Enviornmental Protection Agency, Minnesota Pollution Control Agency —
Mercury Facts
What is mercury? • Mercury is a naturally occurring element found in rocks, soil, water, air and living things. Mercury is the only metal that is liquid at room temperature. In its pure form (often called metallic or elemental), mercury is a shiny, silver-white, odorless liquid. If heated, mercury vaporizes into a toxic, colorless gas that is odorless to people.
Mercury combines easily with other metals and expands and contracts evenly with temperature changes. Because of these properties, mercury has been used in many household, medical and industrial products. Although mercury performs many useful functions in our workplaces and homes, it is toxic and can impair our health. Mercury is a potent neurotoxin, meaning that it interferes with the way nerve cells function.
Why be concerned about mercury? • Mercury is a hazardous chemical. Mercury can damage the central nervous system, kidneys, liver and brain. Both high level/short-term and low level/long-term exposures can lead to serious health problems.
High level, short-term exposure can cause skin rashes, diarrhea, and respiratory distress. Repeated exposure to low levels, or long-term, low-level exposure, can cause muscle tremors, irritability, personality changes, or rashes.
Nerve damage from mercury may start with a loss of sensitivity in hands and feet, difficulty in walking, or slurred speech. In rare cases it has caused paralysis and even death. The risk varies depending on how much mercury a person is exposed to, how long a person is exposed to mercury, and how often the person is exposed.
Mercury is a particularly serious problem for pregnant women and children. Fetuses and young children suffer the greatest risk because their nervous systems are still developing. They are four to five times more sensitive to mercury than adults.
How might someone be exposed to mercury? • The greatest health danger from elemental mercury is through inhalation, or breathing in mercury vapor.
When elemental mercury is spilled or exposed to the air, it vaporizes slowly. In a warm environment (like a kitchen or on a hot plate) it will vaporize more quickly, resulting in higher indoor mercury levels. In its vapor form, mercury is easily inhaled and extremely toxic. If a person is exposed to mercury in air for a long enough time, even a small amount can affect his or her health.
If mercury is on the skin, there may be some irritation, and the best way to handle this is for the exposed person to shower with soap.
Mercury that is released outdoors will eventually vaporize into the air. Normally, the amount of mercury in outdoor air is extremely low, and this should not pose a health hazard.
SOURCES: http://www.mercury.utah.gov, Utah Department of Environmental Quality, U.S. Environmental Protection Agency, Minnesota Pollution Control Agency What should be done when mercury is spilled?
Mercury is a nerve toxin and is considered a hazardous waste. When products containing mercury are placed in the trash, the mercury doesn't disappear, it finds its way into the environment. That's why mercury-containing products should not be disposed of with regular trash or poured down the drain. Mercury products and compounds must be recycled or managed as a hazardous waste.
Households have a low- to no-cost method to properly handle mercury products at the end of their useful life. Towns and solid waste districts hold hazardous waste collection events every year. Households and small businesses can contact their local municipality or solid waste district for more information and collection event scheduling.
Spilled mercury, even small quantities in the home, should be cleaned up properly so that people don't come in contact with it or breathe its vapors. Some ordinary cleanup measures, such as sweeping and vacuuming, are not appropriate when trying to clean up spilled mercury; as they will increase the health risks.
Mercury vapor is odorless, colorless and very toxic. Even though liquid mercury evaporates slowly, a significant amount of mercury vapor can build up indoors after mercury is spilled, and it can be dangerous to breathe these mercury vapors.
You should not attempt to clean up spilled mercury yourself unless the amount spilled is no more than what is contained in a fever thermometer and the spill did not occur in a warm environment, such as on a hot surface, or in a device that vaporizes liquids, such as a humidifier.
Even the smallest amount of mercury needs to be treated as a serious issue. Care must be taken not to touch the mercury.
Never use a vacuum cleaner to clean up mercury. The vacuum will put mercury into the air and increase exposure. The vacuum appliance will be contaminated and have to be thrown away.
Never use a broom to clean up mercury. It will break the mercury into smaller droplets and spread them.
Never pour mercury down a drain. It may lodge in the plumbing and cause future problems during plumbing repairs. If discharged, it can cause pollution of the septic tank or sewage treatment plant.
Never wash mercury-contaminated items in a washing machine. Mercury may contaminate the machine and/or pollute sewage.
Never walk around if your shoes might be contaminated with mercury. Contaminated clothing can also spread mercury around.
What are the federal regulations for mercury?
Any time one pound or more of mercury is released to the environment (outside air,water, soil, or sewer system), the spiller must call the National Response Center (NRC).
The NRC hotline operates 24 hours a day, 7 days a week. Call 800-424-8802.
Note that because mercury is heavy, only two tablespoons of mercury weigh about one pound.