Coalition to sue Kirtland over jet fuel cleanup

June 01-- Jun. 1--A coalition of state lawmakers, nonprofit groups and private citizens filed notice Friday that they intend to sue the U.S. Air Force in an effort to get firm deadlines for cleaning up a jet fuel leak near Albuquerque's Kirtland Air Force Base.

The state Environment Department has estimated between 5 million and 24 million gallons was spilled. The Albuquerque Bernalillo County Water Authority operates two drinking water production wells less than a mile from the leading edge of a plume from the fuel leak, which is believed to have been seeping into the ground for decades.

"It has been at least 20 years since the Air Force discovered the spill, and we still have no enforceable cleanup plan with meaningful schedules or deadlines," Charles de Saillan, a staff lawyer at the Environmental Law Center, said in a news release.

State Sens. Antoinette Sedillo Lopez and Mimi Stewart and state Rep. G. Andres Romero -- all Albuquerque Democrats -- along with the Southwest Organizing Project, New Mexico Voices for Children and three people who live near the military base say they will sue under a federal law that requires cleanup of hazardous wastes.

They will be represented by the New Mexico Environmental Law Center, which the release says was involved in a previous effort to negotiate a clean-up plan.

After an earlier group filed notice in November 2015, the statement says, "The Air Force began discussions with the plaintiffs and the Law Center on cleaning up the soil and groundwater contamination more effectively and quickly. However, after the [Donald] Trump administration came in, the Air Force abruptly ended discussions."

In the release, de Saillan said he wants the Air Force placed under a consent decree or some other kind enforceable agreement that establishes clear deadlines. "If the deadlines are missed without good reason, penalties should accrue," he said. "The Air Force needs to be held accountable."

Air Force officials have said they are committed to cleaning up the contamination. An Air Force spokeswoman contacted Friday did not respond to a request for comment on the newly filed notice.

The Air Force has spent $125 million cleaning up soil and water around the site. More than 585 million gallons of water have been extracted, treated to less-than-detectable concentrations of contamination and either used to water a golf course or injected back into the aquifer.

More than 4,200 tons of contaminated soil also was removed and vapor was pulled from the soil for over a decade.

The Air Force and Department of Defense have 90 days to respond to the notice. After that, the parties can seek a court order.

While the leak was discovered in 1999, it might have been leaking since the 1950s.

According to the news release, ethylene dibromide, a fuel additive, forms the leading edge of one plume. While the effects on people haven't been well-documented, the U.S. Environmental Protection Agency says animal studies indicate that chronic exposure may result in toxic effects to the liver, kidney and reproductive organs.

The good news is that recent installation and operation of groundwater extraction wells has partially arrested the migration of this plume.

Another plume that consists of jet fuel, gasoline and diesel fuel contains high levels of benzene, a known carcinogen; toluene, which is linked to birth defects; and naphthalene, which is linked to hemolytic anemia in infants.

Material from the Associated Press was used in this report.

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