Polluting Thy Neighbor – U.S. & Canada Crosswise Over Transboundary Waste

08/16/2004

Top US and Canadian officials are continuing private talks to resolve a trans-border pollution dispute. It involves a British Columbia smelter that for decades flushed toxic waste down the Columbia River into the American Northwest. The negotiations could showcase environmental cooperation. But various industries also fear the pollution case could spark a downward spiral of tit-for-tat retaliation. Correspondent Tom Banse reports from the banks of the upper Columbia River near Northport, Washington.

TRAVEL CONNOISSEURS KNOW THERE ARE JUST A FEW PLACES IN THE WORLD WHERE YOU CAN FROLIC ON A BLACK SAND BEACH. COLVILLE TRIBE ENVIRONMENTAL PLANNER PATTY STONE SHOWS US ONE SUCH PLACE SURPRISINGLY CLOSE TO HOME, BUT IT'S UNLIKELY TO MAKE IT ON A TRAVEL MAGAZINE'S TOP 10 LIST.

STONE: "It's basically a slag beach. It's black.”

IT'S A LITTLE BIT LIKE IN HAWAII, BUT THERE'S NOT A LAVA FLOW HERE GENERATING THE BLACK SAND. STONE: NO, THIS IS NOT HAWAII. IT DOES LOOK VERY NICE. IT'S JUST THAT MOST PEOPLE DON'T KNOW THAT THIS A BYPRODUCT OF THE SMELTING PROCESS JUST UP ACROSS THE BORDER AT TECK COMINCO.

FOR MOST OF THE LAST CENTURY, THE TECK COMINCO LEAD AND ZINC SMELTER IN TRAIL, BRITISH COLUMBIA DUMPED FACTORY WASTE LACED WITH ARSENIC, CADMIUM, MERCURY AND LEAD DIRECTLY INTO THE BROAD, FAST-FLOWING COLUMBIA RIVER.

THE RIVER CROSSES INTO WASHINGTON STATE A SHORT WAYS DOWNSTREAM AND ON A RIVER CURVE A MILE LATER COMES THE FIRST OF THESE BLACK SAND BEACHES, WHERE WE ALSO FIND RETIRED MACHINIST TERRY BENSON AND A BUDDY LAUNCHING A SMALL SPEEDBOAT TO GO FISHING.

BENSON: "Walleye and trout, whatever gets on my hook."

BENSON SAYS HE'S AWARE THE STATE DEPARTMENT OF HEALTH HAS ISSUED AN ADVISORY FOR MERCURY CONTAMINATION IN LOCAL FISH.

BENSON: "They say there's a problem with it. But I'll eat them four times a month. I ain't sick. You know, you're going to die of something anyway."

PATTY STONE, THE ENVIRONMENTAL PLANNER, STILL SWIMS IN THE RIVER AS SHE HAS SINCE CHILDHOOD, BUT IS NOW AFRAID TO EAT THE FISH. SHE'S FRUSTRATED BY THE DIFFICULTY OF ASSESSING THE TRANS-BORDER POLLUTION.

STONE: "We know there's a problem. The extent of the problem is the question and the risk is the question that needs to be answered, that has to be answered. People really don't know what to tell their children."

TWO OTHER COLVILLE TRIBAL MEMBERS HAVE GONE TO FEDERAL COURT SEEKING TO ENFORCE A US ENVIRONMENTAL PROTECTION AGENCY ORDER AGAINST TECK COMINCO. THE EPA THREATENS TO FINE THE CANADIAN COMPANY UNLESS IT AGREES TO INVESTIGATE AND CLEAN UP LINGERING POLLUTION TO US STANDARDS. UNIVERSITY OF WASHINGTON LAW PROFESSOR MICHAEL ROBINSON-DORN SAYS THE COURT WOULD CREATE A PRECEDENT IF IT RULES THAT TECK COMINCO MUST ANTE UP.

ROBINSON-DORN: "Whether or not you can require a company in another country to pay for the pollution that affects the country, in this case the United States, I think it's an open question still."

ROBINSON-DORN OBSERVES THAT FINDING A SUITABLE FORUM TO SEEK REDRESS IS A CHALLENGE HERE -- AS IT IS FOR CRITICS OF THE CITY OF VICTORIA'S PRACTICE OF DUMPING OF RAW SEWAGE, OR AIR POLLUTION FROM A PROPOSED SUMAS, WASHINGTON POWER PLANT, AND COAL BED METHANE DRILLING IN BC NEAR THE MONTANA BORDER. TECK COMINCO'S POSITION IS THAT THE U.S. HAS NO JURISDICTION OVER A CANADIAN COMPANY OPERATING LEGALLY IN CANADA. SENIOR VICE PRESIDENT DOUG HORSWILL SAYS THE SMELTER IS WILLING TO TAKE RESPONSIBILITY FOR CONTAMINANTS THAT HAVE WASHED DOWNSTREAM. HE FAVORS A CANADIAN GOVERNMENT PROPOSAL TO SET UP A COMMISSION WITH THE US TO JOINTLY INVESTIGATE ALL OF THE SOURCES OF HEAVY METALS IN THE UPPER COLUMBIA RIVER AND APPORTION BLAME FAIRLY.

HORSWILL: "We're disappointed that a mechanism hasn't been found that would allow us to get on with the study work and if necessary the cleanup that arises because of past discharges of the company in a cooperative and forward moving way."

AMERICAN INDUSTRY TRADE GROUPS HAVE RALLIED TO THEIR NEIGHBOR'S SIDE. IN LETTERS TO THE BUSH ADMINISTRATION, US MINING AND ELECTRICITY COMPANIES WARN AGAINST PROVOKING CANADA. THEY OPENLY STATE THEIR FEAR THAT CANADA MIGHT RETALIATE BY APPLYING ITS ENVIRONMENTAL LAWS ACROSS THE BORDER, FOR EXAMPLE TO AMERICAN POWER PLANTS THAT SEND ACID RAIN NORTH.

AS SHE WATCHES JET SKIS AND HOUSEBOATS PLY THE LAKE ROOSEVELT RESERVOIR, PATTY STONE CAN'T SEE WHY THE CONTAMINATION INVESTIGATION SHOULD BLOW UP INTO AN INTERNATIONAL INCIDENT.

STONE: "This pollution is in the United States. We want to deal with it in the United States. It's here. We're not trying to regulate the smelter."

WHILE THE DIPLOMATS DICKER, EPA IS PROCEEDING WITH A PROBE INTO THE SEVERITY AND EXTENT OF COLUMBIA RIVER CONTAMINATION. RIGHT NOW, THE AMERICAN TAXPAYER IS PICKING UP THE TAB, RATHER THAN THE UPSTREAM POLLUTERS. I'M TOM BANSE NEAR NORTHPORT, IN NORTHEAST WASHINGTON.