State engages with communities affected by cleanup efforts, but is rarely required to do so, audit finds

While the state is appropriately working with communities around some hazardous waste sites, community engagement requirements only apply to a fraction of the contaminated sites across Washington, according to a new performance audit. 

The audit, published today by the Office of the Washington State Auditor, examined how the Department of Ecology collects and incorporates feedback from the communities and Native American tribes living near contaminated sites. 

Federal and state laws require the cleanup of sites contaminated with toxic substances like diesel fuel, mercury and dioxins. They also require Ecology to engage with nearby communities and tribes, to ensure local perspectives are considered during the cleanup process. 

Auditors evaluated community engagement activities at six cleanup sites and found Ecology met most legal requirements and leading practices. The audit also solicited the views of tribal representatives regarding their experiences with Ecology and its engagement. Most participants said the agency’s engagement met their tribe’s needs. The audit did find areas where the agency could improve its process. 

However, only a small number of the state’s 6,378 active cleanup sites fall under community engagement requirements. Ecology manages 8% of active contaminated sites, where it provides required engagement. Most sites – 57% – are managed by third parties like property owners and so are not subject to the community engagement required by law for sites that are managed by Ecology.  

That means the communities affected by 212 higher risk sites managed by third parties may not receive engagement activities, nor will Ecology know what community engagement the third parties might have conducted, the audit found. 

“When the state manages a project, it for the most part effectively engages surrounding communities and affected Native American tribal governments in the cleanup process,” said State Auditor Pat McCarthy. “However, I believe Washington should consider how an equitable approach to engagement can become the norm for higher risk site cleanup efforts, not just the comparatively small share under the state’s direct supervision.” 

The full report, including recommendations to Ecology, summary material, and a Spanish-language version of the report, can be found on the State Auditor’s Office website: Community Engagement During Contaminated Site Cleanups

Media questions: Assistant Director of Communications Adam Wilson, Adam.Wilson@sao.wa.gov, 564-999-0799