Guest opinion: Send comments or send check

I believe the Environmental Protection Agency owes the City of Libby $2 million in restoration compensation on Operable Unit 1.

EPA’s own contractual documents support this position. Paul Peronard wrote letters to W.R. Grace & Co. stating that they had to restore our property. The Unilateral Administrative Order states that Grace had to obtain an appraisal and either restore the property to that value or pay cash compensation, whichever was approved by the City of Libby.

Grace offered us $2 million on Aug. 21, 2000, after they had rescinded their initial offer of $500,000 made in July 2000. They were in desperate negotiations and we were in the driver’s seat. What happened?

I have the documents to support my case. EPA simply states that the city accepted a waterline in return for the value of the buildings and relies only on their credibility. That is a $15,000 waterline in exchange for a commercial power supply system, railroad spurs, 23,820 square feet of buildings, sewer systems and truck scales. The premise that we needed a waterline is even false. Very adequate water supply existed prior to the cleanup.

I call that fraud since EPA accepted all of Grace’s obligations in the $250 million settlement. There is absolutely no documentation that the city took any action on restoration, including accepting any waterline. Those statements rely only on the credibility of those involved.

I have to ask the big questions. Given that our civic leaders are constantly on their knees begging for grant money, why does D.C. get so much flak for trying to secure $2 million for the restoration compensation of city property that is contractually owned to us? Where is this opposition to $2 million for taxpayer relief coming from? Who wouldn’t support this?

OU1 will be developed as a city park. That will cost a ton of money and $2 million would go a long way toward that goal. Why do I have to fight for something so beneficial to the people of Libby? EPA destroyed our buildings … they owe us.

If this effort is not successful, the money to build the Riverfront Park will come out of your pocket. Two million dollars divided among roughly 2,000 taxpayers comes out to around $1,000 each. Send the check. If that is unpalatable to you, I need your help.

The Dec. 16, 2009 comment period for the Record of Decision will forever bar a legal remedy to obtain restoration. If you want to pay for this park out of your own pocket, stop reading now and send the check for $1,000. If you want to become involved in an effort to receive rightful restoration, make comments reflecting that decision.

It is this simple – Dear EPA, Restoration of OU1 must be required as a part of any remedy put in place on this site. Send us $2 million. Signed, Taxpayer.

I will be printing comment cards and setting up a collection network. This is a simple way of settling the issue by working through the political process. That’s just good government, of the people, at work. This isn’t just a city issue, RODs are coming to everyone and OU1 will set precedent for your property. Feel free to comment no matter where you live.

Watch for ads coming in the future that will provide advice on the steps necessary to protect your pocketbook.

Send the comments or send the check. The choice is yours.

(D.C. Orr is a member of the Libby City Council and longtime participant in community involvement regarding the Libby asbestos issue).