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CHFS Announces Settlement Agreement in Estill County Dumping Cas - LEX18.com | Continuous News and StormTracker Weather

CHFS Announces Settlement Agreement in Estill County Dumping Case

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FRANKFORT, Ky. (LEX 18) - The Kentucky Cabinet for Health and Family Services has reached a settlement with Fairmont Brine Processing, LLC in connection with the disposal of radioactive waste at the Blue Ridge Landfill in Estill County.

The Civil Penalty Order arose from allegations that Fairmont Brine arranged for the disposal of West Virginia Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) at an Estill County landfill.  Fairmont Brine, which operates a wastewater treatment facility in West Virginia, contracted with Advanced TENORM Services, LLC (ATS) for the pickup, transportation, treatment, and disposal of its waste.  Some of that waste contained TENORM that ended up at the Blue Ridge Landfill.

Fairmont Brine, while denying all liability, has agreed to pay CHFS a civil penalty totaling $168,000 over a 30-month period.  CHFS’s Civil Penalty Order against Fairmont Brine is one of several civil penalty orders filed against various companies—including ATS and its owner, Cory Hoskins—that are related to the disposal of out-of-state TENORM. 

“All settlement proceeds will be directed to the Estill County Public Health Department,” stated CHFS Secretary Vickie Yates Brown Glisson. “The funds will be used for radiation-related public health issues in Estill County, particularly radon education and detection.”

Fairmont Brine maintains that it did not intend to violate Kentucky law.  When Fairmont Brine contracted with ATS to dispose of its waste, Fairmont Brine relied upon ATS’s claims that ATS could safely and legally deposit TENORM waste in Kentucky.  Also, although it did not have jurisdiction over Kentucky disposal, a West Virginia regulatory authority approved FBP’s arrangement with ATS.  

Fairmont Brine has been cooperative with the Kentucky authorities.  Before CHFS issued any Civil Penalties, Fairmont Brine contacted CHFS to inquire about ATS’s allegedly improper disposal of TENORM.  Fairmont Brine also  helped CHFS establish the timeline of events leading up to ATS’s TENORM disposal at the Estill County landfill.

Monitoring and testing of areas at the Blue Ridge Landfill have shown no evidence that the TENORM disposal caused radiation or radioactive contamination above federal and state safety limits.  In addition, preliminary dose assessments on landfill workers indicate that the workers are not at risk for any negative health outcomes.

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