Washington D.C. – Today Science, Space, and Technology Committee Chairman Lamar Smith (R-Texas) convened the first congressional hearing to examine the actions that took place at the Gold King Mine in Colorado on August 5th that led to the U.S. Environmental Protection Agency (EPA) spilling over three million gallons of toxic wastewater into the Animas River. 

Chairman Smith: “The EPA should be held accountable. The same standards that the EPA applies to private companies should also apply to the EPA itself. The EPA’s negligence is especially inexcusable since there were known procedures that could have prevented the river’s pollution. This Committee asked for information from the EPA almost a month ago and we have yet to receive all the documents that were requested. Given the EPA’s consistent failure to provide information to this Committee and the American people, the EPA can be assured that our oversight efforts will continue.”

The Committee today heard directly from the EPA and its private contractor that was working on the mine at the time of the spill as well as local officials and a representative from the Navajo Nation who was impacted by the spill. The toxic spill was so substantial that it traveled nearly 300 miles through Colorado, New Mexico and Utah, to Lake Powell on the Arizona-Utah border. The wastewater contained lead, arsenic, thallium and other heavy metals that may cause health problems and harm aquatic life.

Many questions have been raised about the timeliness of EPA’s communications with state and local officials immediately following the spill. In some instances, the appropriate authorities were not notified of the spill until 24 hours after the incident. EPA was also slow to provide the public and the House Science Committee with information about the accident.

Members today questioned apparent varying standards EPA holds itself to, compared to if this spill had been caused by a private company. To date, no individual has been held responsible and EPA has yet to admit any negligence. Yet witnesses today said that EPA officials knew the potential for a blowout of toxic wastewater from the mine more than a year before the spill occurred. Witnesses also highlighted concerns over direct conflict of interest with EPA investigating a spill that the agency caused.

Members today also questioned EPA’s attempt to cover up its lack of preparedness at the scene  of the spill, despite warnings issued prior to the spill. In response to a Committee letter specifically requesting videos from the spill, the EPA posted footage online with a disclaimer on their website that reads: “EPA removed profanity contained in the audio of the videos and obscured visible license plates for privacy purposes. EPA did not edit the videos in any other way.” However, Members today questioned why then EPA censored the last few seconds of a video where the team on the ground appeared to attempt to flee the scene and asked, “What do we do now?

 

The following witnesses testified today:

The Honorable Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response, Environmental Protection Agency

Mr. Dennis Greaney, President, Environmental Restoration LLC

The Honorable Donald Benn, Executive Director, Navajo National Environmental Protection Agency

The Honorable Dean Bookie, Mayor, Durango, Colorado

Dr. Mark Williamson, Geochemist, Geochemical Solutions LLC


For more information about the hearing, including witness testimony and a link to the webcast, please visit the Committee’s website