This story was originally published by the Louisiana Illuminator.
Millions of gallons of oily water and spilled petrochemicals from the Smitty’s Supply fire and explosion have been handled at three different sites, but state officials have granted an emergency request to bring some of the liquid and solid waste to a Jefferson Parish landfill.
River Birch LLC, which operates a landfill in Avondale, received a permit exemption last month from the Louisiana Department of Environmental Quality to accept waste recovered after the Aug. 22 fire disaster in Tangipahoa Parish, according to LDEQ records the agency published this week.
Although River Birch’s Class 1 injection wells are permitted for only non-hazardous materials, a 1996 federal law allows them to be used to dispose of certain hazardous materials mixed when with water. River Birch uses its injection wells for petrochemical wastewater, industrial sludge, oily waters, solvents, acids, contaminated groundwater and stormwater, and other liquid wastes that would otherwise be considered hazardous, according to the company’s website.
River Birch’s injection well permit allows it to accept liquid waste statewide, but its solid waste permit is limited to a 13-parish area that doesn’t include Tangipahoa. The company requested the emergency solid waste exception on Oct. 13, and the state approved it two days later.
“This is a unique opportunity for Smitty’s to manage all of its contaminated waste at a properly permitted facility,” Chris Casteix, River Birch’s environmental compliance manager, wrote in the company’s emergency request to the agency.
In its approval letter to River Birch, the Department of Environmental Quality said the waste from Smitty’s Supply “will have no significant adverse impact on the public health, safety, welfare, and the environment.”
It’s unclear how much waste Smitty’s Supply will send to the River Birch landfill. Neither company has responded to calls or emails.
More than 12 million gallons of liquid waste from Smitty Supply had been recovered from impacted areas as of Oct. 28. Roughly half of that amount has already been disposed of at other facilities, according to information from the U.S. Environmental Protection Agency and the state.
As of Oct. 16, EPA contractors brought 2.7 million gallons of recovered waste to Preston Environmental Solutions in Baton Rouge for recycling and 3.7 million gallons to Woodside Landfill in Livingston Parish for solidification.
Another 595,000 gallons has been taken to a landfill in Liberty, Mississippi, and injected underground, according to LDEQ records.
Underground injection of liquid waste is an accepted disposal practice under state and federal laws.
Whether it’s an injection well for waste disposal or an oil well for extraction, the structure is mostly the same. A hole is drilled to a desired depth, typically around 4,000 feet for Class 1 wells, and supported with long sections of pipe cemented in place to prevent cave-ins. Often an additional layer of tubing lines the inner walls of the pipe to prevent leaks. There is no encasement or container at the bottom of the well. The liquid waste is pumped through the tubing and into the ground, filling the tiny spaces in porous rock underground.
The EPA requires a Class 1 well to extend below the lowermost formations containing drinking water within a quarter-mile vicinity. Patrick Courreges, spokesman for the Louisiana Department of Conservation and Energy, said there must be a good enough barrier of impervious rock to prevent any of the waste from seeping upwards. He said the injection pressure at the wellhead is constantly monitored to prevent fractures and blowouts.
River Birch’s website says its wells are positioned 6,500 feet underground.
Injection wells are generally the cheapest option to dispose of contaminated liquid waste, but they do carry some risks such as well leaks and groundwater contamination, according to the EPA and other sources. The federal agency says underground injection is safe when the wells are placed at an appropriate site and properly maintained.
As for the kinds of solid waste River Birch will accept from Smitty’s Supply, LDEQ officials wouldn’t provide any specifics when reached for comment Wednesday.
“River Birch will be disposing of non-hazardous solid waste that they are already permitted to dispose of,” LDEQ spokeswoman Meagan Molter said.
Lisa Karlin, a River Ridge resident and longtime citizen watchdog of Jefferson Parish government, raised several concerns about River Birch accepting waste material from Smitty’s Supply. She wants to know who determines whether the waste going to River Birch is hazardous or not and if any kind of testing is required to make that determination.
“Even if it’s technically OK, should the parish take in waste from Smitty’s?” Karlin said. “Everything I’ve seen suggests that the Smitty’s waste is likely highly toxic.”
Members of the Jefferson Parish Council have not responded to her questions about River Birch’s permit, she said.
Jefferson Parish President Cynthia Lee Sheng and Councilmembers at-large Jennifer Van Vrancken and Scott Walker have not responded to a reporter’s request for comment.
Karlin also questioned whether River Birch’s permit exemption warranted expedited approval when waste from Tangipahoa Parish was already going to other landfills that were closer in distance.
“Why drive over an hour to get to River Birch?” Karlin asked.
The 180-day emergency permit exemption will remain in effect until mid-April.
Smitty’s Supply faces a lawsuit from the state and EPA that seeks fines and penalties that could exceed a billion dollars for years of environmental violations. The Louisiana Environmental Action Network has also given notice that it intends to sue the company over violations of the federal Clean Water Act.
The company also faces a lawsuit from a Roseland farmer who says his property is no longer suitable for raising livestock.
