Picture postcard of the American Smelting and “Roofing” (actually Refining) Co., Omaha, Nebraska, from 1915. Found in an antique shop in Oklahoma by Rick Galusha.

The residents of Tacoma, Wash. are getting something Omaha taxpayers aren’t - protection from liability for the toxic contamination caused by ASARCO industrial plants.

ASARCO, formerly American Smelting and Refining Co., had extensive operations for decades in both cities - a copper smelter in Tacoma and a lead refinery along the Missouri River in downtown Omaha.

Citizens in both communities became concerned about pollutants discharged from the plants, sued, and the plants shut down.

Officials in Tacoma and Omaha had to decide what to do with the heavily contaminated property owned by ASARCO.

Tacoma city officials took a different approach than Mayor Daub’s administration.

Major differences:

Tacoma officials invited local environmental groups to help make decisions over a four-year period. The Daub administration shut environmental groups and other public organizations out of the negotiating and decision making. Daub has allowed ASARCO, city and state officials to work on plans.
Tacoma declined to take title to the ASARCO property, fearing ownership would open up Tacoma taxpayers to financial liability. Daub wants Omaha to take title, even though national environmental lawyers say if Omaha takes title or leases the property, the city assumes liability if the buried wastes cause environmental or health problems.

Tacoma officials said this is what happened in Tacoma and neighboring Ruston:

ASARCO operated a smelter along Commencement Bay, off Puget Sound, for decades until closing in the 1980s.

Fearing ASARCO would abandon the property and the toxins remaining on site, Tacoma and Ruston officials, ASARCO, the U.S. EPA and local environmental groups sat down and, over four years, worked out an agreement.

Originally, local residents wanted ASARCO to remove the toxins from the property and haul them to a hazardous waste disposal site. ASARCO objected, citing the cost.

In a compromise, ASARCO was allowed to bury toxins in a leak-proof pit on the site and cover it with clean material.

In exchange, ASARCO agreed to pay millions to develop park and public access areas on the remainder of the 100-acre site, plus prepare other portions and sell or lease them for commercial development. A public agency is overseeing the work.

The city of Tacoma isn’t taking title to any property. A metropolitan parks board - a separate taxing authority with its own governing board - is becoming owner of some land.

An agreement was worked out in which ASARCO retains liability for the buried toxins. The EPA was part of negotiations leading to that agreement. ASARCO retains title to the rest of the land.