This is an aerial view of a portion of the Chem Nuclear Radioactive Waste Landfill near Barnwell, South Carolina.
This is the on-going appeal of the renewal of the permit for the Chem-Nuclear low level radioactive waste landfill near Barnwell. After extensive discovery and a trial in the Administrative Law Court, the case is now on appeal to the SC Court of Appeals. We are asking the court to reverse the permit approval. The Administrative Law Court ruled that although the landfill is leaking radioactive materials to groundwaters and the Savannah River, the permit complies with the regulations requiring “isolation of wastes from the biosphere inhabited by man and his food chains.” We have submitted final briefs and oral arguments are scheduled.
The Chem Nuclear landfill in Barnwell has a convoluted history and is a symbol of South Carolina’s status as the nation’s dumping ground. Opened in 1971, it is only one of three low level radioactive waste landfills in the country. It was limited to regional use and slated for closure in 1992 under the former Governor Richard Riley’s 1982 Southeast Interstate Low Level Radioactive Waste Management Compact. The closure deadline was extended twice by former Governor Carroll Campbell, and then former Governor David Beasley scrapped the Compact and opened the facility to the entire nation.
Under a law promoted by former Governor Jim Hodges, it is now limited to waste from the Atlantic Compact states of New Jersey and Connecticut, and a limited amount from other states.
Our appeal challenged the operating conditions of the permit. The landfill operates under an old design that does not incorporate all appropriate modern safeguards to protect the environment and human health from radiation. If the landfill is to continue operating, we believe it needs to employ the safest practical safeguards.
Our appeal was heard on February 16-18 and February 22, 2005 in the Administrative Law Court.
Chem-Nuclear is seeking to expand its radioactive waste landfill. To help educate legislators and citizens, SCELP put together Special Reprint of our newsletter articles on this leaking landfill.
See Robert Ariail's editorial cartoon from The State on March 4, 2007.
The ALC decided to uphold the decision to allow the renewal of the Chem Nuclear license. However, the ALC Judge's order recognized that leaking radiation that has contaminated groundwater and a nearby stream presents a "monumental hazardous condition that... cannot be overlooked."
With that sort of disconnect between recognizing the danger yet still approving the renewal license- SCELP did not hesitate to appeal to the South Carolina Court of Appeals. We expect to receive a hearing date for this soon.