by John Dowd
Last week, the Montana Department of Environmental Quality (DEQ) met with citizens of Darby about the potential future use and current situation of the State Superfund Site located where the old SW Sawmill and lumber treatment facility used to sit. The presentation was done at the request of the Town of Darby, according to Darby Mayor Nancy McKinney.
According to DEQ representatives, during the sawmill’s operations, severe contamination of the site took place due to treatment of the wood, burning and other operations done in the 1960s and into the 1980s.
To speak for DEQ on the contamination was Environmental Project Manager for the site, Bob Roll. He has been dealing with the site for nearly 14 years, and started his presentation talking about the current state of the project. He explained that they are in the feasibility study phase, looking into what projects could be feasible on the current site. He then segued back to give background on the site and contamination.
Roll explained that the contamination was caused by the outdoor wood treatment in the main yard that allowed time for the treatment chemicals to drip onto the ground below treated wood and to seep below the soil. There were also several spills on the site, and run-off carried it into adjacent ditches and streams. Roll also mentioned, “We believe that just driving vehicles back and forth across the facility tracked contaminants through the area.” He cited studies and numerous tests that have been done on the area.
Roll explained that there were two main forms of contamination on the site. Pentachlorophenol and Chlorinated Dibenzo-p-Dioxins (CDDs). The first of these is water soluble and has been carried by water deep into the water table and across the surface of the site. The latter is not very water soluble, but attaches tightly to soil particles and was tracked up and down roadways across the site, where the tests showed contamination on the surface along old roadways.
The Pentachlorophenol is now in the water table and has formed what they call a “plume,” which DEQ, and other parties, have been tracking. The plume of contamination has a general motion northeast, away from the site, traversing with the natural movement of the groundwater.
Roll also explained that there has been what appears to be a decrease in contamination levels over the last few years amongst the plume area, when measurements have been compared from 2014 and 2020. However, the CDDs have increased, possibly from finding their way into the water table.
According to Roll, the liable persons were notified in 1997, and have been working to right the site. The lead liable party was International Paper Company. The company has made several steps over the years, including a cleanup of the main site. It was cleaned up to an industrial level, which is among several DEQ qualification clean-up levels. These levels refer to what would be considered safe use. The levels range from very strictly regulated to lower levels of regulation. One of the most strict is residential, considering use by a person living on the site for many years and having almost continuous and unlimited exposure to the site. Industrial would consider a person working on the site every day, but for limited stints of time. This means that the average level of contaminants ingested by the person over the course of a 24 hour day, or other stretch of time, would not exceed levels considered safe. In other words, when cleaned to an industrial level, only industrial use should be considered safe, according to DEQ. These are equivalent to nationwide standards in most cases.
The next step for the site, according to Roll, is to complete the feasibility study. He estimated that this will be done within the next year. Though DEQ cannot approve or disapprove of any uses on the site officially, they submit regulation violations to enforcing parties. “We just work with development to keep from making the contamination worse,” explained Roll.
According to Roll, by owning a Superfund property, the party also has the possibility to incur liability, and so it is in their best legal and moral interest to do everything possible not to make the contamination worse.
This was said in response to questioning by the general public, done through written questions on note cards turned in. These questions were answered aloud by Roll and other DEQ staff. One such card raised a question as to what ensures that the process will be done responsibly. Roll claimed that, as long as basic construction practices are followed, and contamination is not worsened, liability will not be incurred. He also mentioned during his presentation that every process needs to meet DEQ regulations and limitations, otherwise there is legal risk to the developing party. According to Roll and DEQ, there is great risk on the shoulders of the developer. “Redevelopment is a goal. We want to see the properties put back into positive economic use,” added Kevin Stone, with DEQ.
When the question of threats to the water supply for the surrounding area, and the town, was brought up, Roll answered, “The groundwater plume is moving away from the water supplies.” He also said that the closest town well is located to the south of the site, and away from the interpreted direction of contamination flow.
One of the site properties does already have development on the horizon. According to Darby mayor McKinney, the property next to Farmers State Bank, which also saw the least of the contamination, is seeking to develop. During a Darby Town Council meeting on Wednesday, July 19, after the presentation was given by DEQ, the council voted to approve the development, and to connect to water and sewer on the site, according to Resolution 725.
According to McKinney, the town invited DEQ to come out to do the presentation because of the confusion, both on the side of the general public and among the council. The presentation was meant to address many of the concerns about possible development and any threats the site may or may not pose to the general public.
When asked about the decision, McKinney explained that there were several considerations made beforehand. One of these was that “people have felt that space to have been an eyesore,” said McKinney. She also added, “We didn’t want them to build a private well because of the issues there.” Though there was concern about the site’s history, McKinney wanted to reaffirm that the site where the development is proposed is away from the direction in which the plume is traveling. She also wanted to mention, “At this time, the only approval that has been given is for a restaurant, bar and casino.” To this approval, numerous conditions are attached.
So far, according to Mayor McKinney, DEQ has approved the site for safe use up to the level of commercial and industrial use. This would include the possibility of a hotel. However, the town has not approved such a use.
Contradicting a report made in the Ravalli Republic in its July 22 issue regarding the possible Bitterroot Lodge Resort, McKinney said, “Approval has been given for one building only. No approval for housing, temporary or otherwise, has been given,” and “anything else would need to go back through for review, recommendation and approval.”
“The choice is theirs, it is private property,” said McKinney, “as long as they follow all the rules and regulations.” Anything beyond what was approved above would need to go through the approval process again, would need to address any other public concerns and there could be further restrictions applied, depending on what is proposed.