May 24, 1995

Some local officials involved in the Avtex cleanup say the agencies running the project have failed to communicate their plans for the 440-acre site.

Fred Foster, president of the Warren County Redevelopment Corp., said officials from the Environmental Protection Agency wouldn't return his phone calls, and that only the intervention of Rep. Frank Wolf (R- 10th) got him an invitation to an upcoming meeting between EPA and FMC, the corporation that once owned Avtex.

Foster has deep misgivings about at least one project the two groups have planned for the site-a pit filled with the demolished ruins of Avtex buildings.

The pit and other cleanup issues are on the agenda when Foster and officials of the Environmental Protection Agency and FMC Corp., meet at the EPA's Philadelphia office at an unspecified date in the near future.

Foster has heard that the pit may have a brighter future than its name indicates.

"The plan is, after they line the bottom and sides of (the pit) and fill it with dirt, they're going to put in a park," Foster said. But Foster and other local officials say EPA and FMC are making decisions about the site without informing the community that lives near it.

Town officials say they've been "left out of the loop" in discussions about cleanup, according to Stephen Heavener, executive director of the Front Royal-Warren County Economic Development Authority.

"We've felt a bit frustrated in the information flow. There should be a lot going on there. The only information we received is through a newsletter from FMC Corp.," Heavener said.

"Our position is that, as the host community, we would like to be at the table. We would ask EPA and FMC that Fred Foster or me be involved in the day-to-day, week-to-week decisions that are being made." Heavener said.

So far, the agency has shared information with the town after the fact, he added.

Foster questioned whether the proposal might "cause problems down the road" with ground water pollution.

He wondered whether the state-of-the-art rubber liners would be strong enough to prevent toxic substances from leeching into underground cavities of ground water.

Seepage of toxic substances from the pit could also threaten the quality of water in the Shenandoah River, about 200 yards away, he said.

"What does this create? If the pit is lined, it's supposed to be state-of-the-art. When EPA comes out with a statement, it's supposed to, be the truth. Maybe it is, maybe it isn't. With a rubber liner, what happens if it gets punctured?"

The pit would be two stories tall, two football fields wide, and four football fields long, he said.

Foster said he tried to get more information about the pit and other cleanup activities, but EPA officials in Philadelphia never returned his phone calls. Only when Rep. Frank Wolf (R-10th) recently intervened on his behalf, did EPA agreed to a meeting.

Local officials have also expressed concern at the snail-like progress toward cleanup.

They say they are anxious to work out an agreement to declare some buildings fit for new industries to occupy soon. So far, the fear of liability under Superfund has kept potential industries at bay.

Under the federal statute's retroactive liability clause, past, present and future owners of Avtex and other Superfund sites could potentially be held liable for millions of dollars in cleanup costs.

Removal of the provision would require an act of Congress or the Virginia General Assembly.

At present, no such legislation is pending, said Wolf.

Asked if he would consider introducing such legislation, Wolf said, "We're looking at that, but there may be an opportunity to introduce legislation at the state level" which would be more effective, he said.

"I would like to see happen at Avtex what Fred Foster and people of Front Royal want. That's what I want. I'm not there to interpose," the congressman said.

While Front Royal may be booming now, continued economic development is "important" to the town, Wolf noted, saying he would work with local officials toward getting part of the site designated as clean so new industry can move in.

That area consists of 400,000 square feet of warehouse space which once held shipping, finished products departments, a corporate office, and employee medical facility, Foster said.

"That area is pretty clean," Foster said. "There's some roof damage."

If the liability issue is addressed, the Warren County Redevelopment Corp. could either lease the buildings or take title to the property, or eventually sell it, Foster said.

Cleanup of the entire 440-acre site could take from 10 to 20 more years, Foster said.

Avtex was shut down by the state Attorney General's office at midnight, Nov. 10, 1989.

Since then, said Foster "They've been working very slowly.

"Why has it taken five years to get done as little as they've done? They only tore down one building and removed 3,000 barrels of waste from on site."

"We feel a little left out and as a community, we should at least be informed," Foster said of the cleanup plans.

"As taxpayers we don't want to create something that may come to haunt us down the road."