PCB CONTAMINATION Senate backs lawsuit vs US

The Senate will press a lawsuit against the U.S. military to demand compensation for victims of the polychlorinated biphenyls (PCBs) contamination in Tanapag as well as immediate cleanup of the area believed to still have high concentration of the toxic materials.

A joint resolution asking the Tenorio administration to pursue the legal avenue is expected to be initiated by the upper house when senators hold a session scheduled for tomorrow on Rota.

Senate Floor Leader Pete P. Reyes will sponsor the legislative measure which he said will seek “forceful actions” from the CNMI to deal with growing concerns on the PCB contamination on the island.

He assured that members of the nine-seat chamber have thrown their support behind the move as they noted the lack of action from either the administration or the U.S. Armed Forces to respond to the critical situation.

“We found additional information dating as far back as 1988 where it indicated the military was aware of these toxic materials leaking in the village, but they did not do anything to reduce exposure of residents of Tanapag from their harmful effects,” said Mr. Reyes in an interview yesterday.

Senate legal counsels are currently drafting the resolution for review by senators, which will likely contain “strongly-worded” provisions because of their frustration over alleged lack of actions on the growing environmental and health menace.

“I will have to review the draft I have requested so that the resolution addresses what we want — which is to sue the military for its non-action on the cleanup, demand for compensation for the victims of the damage that occur because of the contamination,” added Mr. Reyes.

Not the first time

The outspoken senator has been urging the administration to take the issue to court so that the U.S. government will be compelled to get rid the island of the highly-toxic chemicals left decades ago by the military on Saipan.

This lawsuit will also seek compensation for victims who have been exposed long enough to the dangers of PCBs and others to suffer various illnesses and diseases since these chemicals found their way in the air, water and land resources here.

While open to the possibility of taking legal steps, Gov. Pedro P. Tenorio has assured the local government has been trying to address health and environmental concerns and that his administration will lobby support from the U.S. Congress to clean up Tanapag.

Two months since holding a public hearing in the village, authorities have yet to take concrete actions to resolve the problems, although temporary measures have been implemented, such as closure of a cemetery, to protect residents.

Juan N. Babauta, CNMI’s resident representative to Washington, has also asked the Department of Interior to provide funding to send a specialist to Saipan who will help local physicians monitor the health of the public for presence of PCB contamination. (See related story)

But Mr. Reyes believed a lawsuit will effectively send the CNMI’s message across to the federal government on the issue that demand urgent attention. A class action suit initiated by the residents themselves is also being mulled

“It seems the administration doesn’t want to take that action,” he explained. “And I think the general public needs an explanation. Why not a lawsuit? Why is the administration so hesitant in filing the lawsuit? Is there something we don’t know about this whole deal?”

Fresh concerns

The Legislature had drawn attention to the problems some eight years ago, but there has been no concrete action from the U.S. government.

The contamination in Tanapag, which has spread to the Lower Base Cemetery, has triggered fresh concerns on public health and safety of the area from the island government in recent months following complaints from residents.

In November, the governor ordered the cemetery off-limits to the public in an effort to prevent the contamination from becoming a serious health hazard as he expressed concern on the presence of PCBs through toxic waste left way back in the ’60s.

Residents have come out in the open recently with serious health problems and some of them have developed cancer — a condition that has burdened local families financially, according to the senator.

Abandoned electrical capacitors in Tanapag that were used by the military resulted in PCB and dioxin contamination in the village, endangering people’s health. They have been there since the 1960s, but it was only in 1988 that the Division of Environmental Quality was notified.

Studies show PCBs caused cancer in animals and that people exposed to the chemical for a long time can experience nose, lung and skin irritation.