Lake Roosevelt study is no cleanup plan

Hold the confetti and party hats. Cleanup of the upper reaches of the Columbia River after nearly a century of pollution by a Canadian smelter is no closer after a settlement announced by the Environmental Protection Agency.

The deal between EPA and Teck Cominco calls for a study of contamination from 10 miles north of the U.S. border in Northeast Washington all the way down 150 miles to Lake Roosevelt, the reservoir behind Grand Coulee Dam. Trouble is, the settlement is uncomfortably vague about what happens after the pollution is logged and cleanup options are listed. Smelting operations used the river as a sewer for generations, even dumping 6,300 pounds of mercury into the Columbia in 1980.

Teck Cominco's commitment to cleanup and the ability of the EPA to enforce what it wants done are not clear to the state Department of Ecology, which is not party to the agreement.

The sweep of future cleanup is not clear, nor is the ability of the state and local tribal interests to participate fully in the cleanup process.

State officials describe the agreement as unique and untested. Ecology Director Jay Manning said the arrangement departs from normal settlement and cleanup procedures under federal and state cleanup laws.

EPA describes the deal as fully enforceable and consistent with U.S. Superfund models and policy.

Likely, no settlement would have been made without the hot breath of a federal lawsuit filed by two Colville tribal leaders and joined by the state. In November 2004, a federal district court judge ruled Teck Cominco was subject to Superfund laws for polluting U.S. waters. The company appealed to the 9th U.S. Circuit Court of Appeals. A ruling is expected any time.

As the legal wrangling goes on and a squishy settlement is negotiated, Lake Roosevelt is under a health alert, issuing warnings for pregnant women and young children about high mercury levels in walleyes. Other contamination surveys continue. The EPA reported Monday that 15 beaches were safe for limited use.

Three years ago, EPA seemed to be on the job, alert and vigorous. This result looks like delay, not accountability and overdue cleanup.