LEADWOOD — An environmental investigator who is looking into the lead situation in Leadwood told residents that one lawsuit has been filed and another is planned in the case involving The Doe Run Company’s remediation of the Leadwood mine tailings.

Robert Bowcock of California, who is investigating the case, also praised state officials Wednesday night for their help but criticized federal legislators for staying silent.

Bowcock, who has been investigating the lead situation for nearly a year, was in town with members of his legal team to update residents on the findings and actions during the past six months. About 40 people attended the two-hour meeting in West County High School.

“A lot has transpired since we first met, and a lot has happened in the past six months,” Bowcock said. “Come spring you’re potentially going to see some changes and we want some input from you on those changes.”

Bowcock, fellow activist Erin Brockovich and an investigative team have tested 65 properties for lead. About 80 percent of those properties had significantly higher than acceptable levels of lead in the soil. The Environmental Protection Agency (EPA) considers remediation is necessary when soil has lead levels of 400 parts per million (ppm) or higher at residences where children live. Bowcock said some of the properties had at least 10,000 ppm.

About 60 more properties are on a list to be tested, but that cannot be done until there are at least five consecutive days when the ground is not frozen or wet, he explained.

Blood lead levels in most of the children were equal to or higher than acceptable levels for children, Bowcock said. In September, Jodi Briley filed a lawsuit for his minor child, Dakota Briley, against Doe Run Resources and John Carter, who oversees the five Superfund sites in the Parkland. The personal injury suit alleges damages to Dakota from lead exposure.

In addition to the high levels of lead found on residential properties, some foundations and lawns have been eroded by water that percolates out of the ground behind the dams at the tailings and then runs down into the properties, Bowcock said.

“We struggled a long time with going with property damage,” he said. “But we feel there’s enough evidence gathered to file a suit.”

Attorney Tom Wagstaff said property claims include loss of value of homes. Complaints would depend on individual circumstances, but could include legal actions involving issues such as trespass, nuisance claims or fraud.

“When I say fraud, I know of property bought directly from Doe Run and there was no disclosure,” Wagstaff said.

Bowcock reminded the crowd about the EPA’s modified Unilateral Administrative Order issued last summer that established completion dates and expanded security measures for the Leadwood remediation project. He explained that when he says Leadwood, he also means the areas of Frankclay, Wortham and Davis Crossing.

Although they have stopped spraying biosolids and they have removed the contaminated soil from the baseball field behind the elementary school, Doe Run has not met some of the other terms, Bowcock said.

“Their management plan was due August 2009, but it’s three months late and all it is a bunch of forms signed by Rock Creek, who wants to bring the biosolids there,” he added. “The monthly reports say all is well. But none of our complaints is in there, although they are supposed to be.”

Carter was out on leave and did not return a phone call after the meeting. A Doe Run spokesman tried to find someone else to comment, but no one had called by press time.

At past meetings and in interviews, Carter has said that Doe Run is a member of the community and is doing the work at the Leadwood tailings according to an EPA-approved plan. He said the company is doing the right things to protect the health of people who live in the community.

West County School Superintendent Stacy Stevens told Bowcock that he was beginning to worry what this investigation would lead to in the school district.

“Number one, I want our kids to be okay,” Stevens said. “But everything you’re saying is negative. And as a school official, I’m thinking it is hurting us. We need children and we need a tax base.

“At the end of the day, we’re still going to be here and you’ll be gone.”

Bowcock said that lost revenues to the district that resulted from lead contamination could be recovered from Doe Run through a lawsuit if too many families moved out of the district.

Two residents told Stevens that they knew people who wanted to move away from the mine tailings, but still wanted to stay in the school district.

“We’re looking to stay in the district, Stacy,” said Christie Briley, who lives next to the tailings and called Brockovich and Bowcock for help last year. “My kids don’t want to leave West County.”

By spring, Bowcock expects to expand the investigation into areas around chat piles in Bonne Terre, Desloge, the former Elvins area and the Park Hills Industrial Park.

“For every call I get about Leadwood, I get three from the other communities,” he said.

Bowcock said he is frustrated by Rep. Jo Ann Emerson’s lack of response about the issue.

“Your federal representative is absolutely silent,” he said. “Unless the Congress person for this district weighs in, it’s very difficult to get the EPA to do the right thing.

“The federal government is letting you down here in Leadwood.”

Three residents said they had called U.S. Rep. Jo Ann Emerson, the district’s Congresswoman, but she had not replied.

However, a spokesman for Emerson said later in the evening that Emerson has been involved in the issue and has discussed it with state regulators and State Sen. Kevin Engler, R-Farmington. Every constituent complaint has been responded to with a letter, a phone call from Emerson’s Farmington staff, or a call from Emerson herself. Because there is a lawsuit, Emerson said her ability to intervene is limited.

Emerson was in Washington D.C., for the legislative session and was not notified about Wednesday’s meeting until late in the day, according to her office.

Bowcock introduced Tommy Sowers, who attended part of the meeting. Sowers is running against Emerson in the November election.

“I’m very frustrated by a system that is set up to (benefit) the big over the small,” Sowers said.

Bowcock said state officials have been very cooperative. One of the St. Francois County commissioners; State Rep. Linda Fischer, D-Bonne Terre; and the state attorney general’s office have been “very engaged” in the case and Engler has also been helpful, he said.

View the Original Article

Back to News