To the Editor:

Is it in the best interest of Lovington’s citizens to build a $2.3 million swimming pool on top of an old pit?

That’s the question I asked myself when I found out the city’s proposed swimming pool location at the northeast corner of Chaparral Park was an old pit where potentially cancer-causing chemicals had been dumped in the mid-1990’s, along with other debris.

I first brought my concerns to Pat Wise, city manager, in November, 2006, and we discussed it in open meeting. However, it wasn’t until the New Mexico Environment Department received multiple anonymous complaints about dumping there that a thorough investigation of the site was conducted. The NMED investigates all complaints, anonymous or otherwise.

At their invitation, I attended a preliminary investigation/meeting with one of the anonymous complainants and an NMED representative on June 5. I agreed to honor the request of the individual and keep their identity anonymous to prevent potential repercussions. My role in the meeting was for the purpose of gathering information. Prior to this meeting, I had received conflicting information: Mr. Wise stated the pool site was 150 feet from the pit while the complainants who were directly involved in the dumping stated the pool will be built right on top of the pit. I attended the meeting with the hopes of finding the truth.

The NMED’s findings, released Tuesday, did not find any unacceptable levels of hazardous materials, but the findings stated “several borings showed misc. buried debris,” indicating a pit is indeed directly under the pool site. The NMED wants a condition included in the pool permit that states that if, during the excavation, questionable debris is discovered, then additional testing would be warranted.  Clearly this issue will need to be addressed with the city’s contractor.

Finally, at Monday’s city commission meeting, Rita Staton, in an attempt to discredit me, accused me of withholding information from city officials and my fellow commissioners, misrepresenting the city and the commission, and increasing the city’s liability on this issue. On withholding information: I am on record bringing my concerns to the city manager in November. On misrepresenting the city: Since when does a concerned citizen need permission from the city manager or commission to find out what’s really happening in their city? As a commissioner, I see it as my responsibility to be more proactive than a normal concerned citizen. On liability, I see the city is liable in three areas: First, the pit is an unauthorized landfill; second, if there was hazardous waste found in the pit, contractors building the pool and children using the pool could potentially be exposed to these hazardous chemicals; and third, building a heavy, concrete structure full of water, such as a swimming pool, on top of unstable ground would cause settling, in the EPA’s estimates, about a foot every 10 years.

By attending the June 5 meeting, I did not increase, in any way, shape, or form, any of these liabilities to the city. The liability has been there since the day the city began using it as an unauthorized landfill over 10 years ago. In fact, if hazardous waste was discovered in the testing, the liability to the city would have been decreased because it would have prevented contractors building the pool, and children playing in the pool, from being exposed to a serious health hazard. Also, now that it has been indicated that the pool will be built on top of a pit instead of solid ground, the city can reduce their liability by requiring the contractor to take necessary measures to prevent future settling and damage to the pool.

I would like to close by applauding Ms. Staton on sticking by her longtime friend and confidant Pat Wise and her willingness to attend commission meetings and address the commission about her concerns, however misplaced. I invite all Lovington citizens to use the public comment time at our meetings to address the commission as a body, as outlined in the city’s municipal code. Anyone wanting to address me directly, I encourage them to contact me at 396-1802 or my email, Neil@LovingtonOnline.com.

Sincerely,

Neil Granath

Published in the Lovington Leader and Hobbs News Sun.