Environment Department fines Cannon

SANTA FE — The New Mexico Environment Department has issued an enforcement action against Cannon Air Force Base following “the illegal discharge of hazardous PFAS chemicals in August 2024,” NMED announced in a news release on Tuesday.

“The incident involved the release of 7,300 gallons of toxic PFAS firefighting foam wastewater into a damaged retention pond, further threatening local groundwater and public health," the release stated. "The New Mexico Environment Department (NMED) is requiring the Air Force to justify why its operating permit should not be revoked, citing repeated violations and failure to protect New Mexico’s residents from toxic and hazardous wastes."

It wasn't immediately clear how the Air Force could justify Cannon's operating permit.

The enforcement order requires Cannon to

• Prevent further contamination of soil and groundwater through immediate correction actions

• Provide a detailed account of all PFAS-contaminated rinsate present or previously present at the base, and

• Pay a $98,780 fine to the hazardous waste emergency response fund for permit violations.

The news release also states Cannon must respond to NMED’s enforcement action and pay the civil penalty within 30 days or request a hearing.

Cannon on Tuesday night issued a statement in response. It read in part:

"Cannon Air Force Base leadership is aware that New Mexico Environment Department has taken action against the base for the rinsate release that occurred in July 2024.

"As a military institution serving the community, we have a responsibility to protect and preserve our environment. Since discovering the release, Cannon has transparently communicated to the public and NMED regarding the incident, follow-on investigation, testing, and pending remedial action plan.

"Cannon AFB is committed to preventing future incidents from occurring and ensuring transparency of information regarding all per- and polyfluoroalkyl substances, or PFAS, inventory on base."

Sid Strebeck, chair of the local Committee of 50, which lobbies Congress on Cannon’s behalf, said the rinsate release was not intentional.

"They (Cannon officials) have been working diligently with the Department of Defense to rectify this situation ever since it was identified as a potential problem.

"We are certainly committed, as the state of New Mexico, Curry County, and the Clovis Community to doing whatever is needed to protect our ground water and protect Cannon Air Force Base. Numerous solutions are being considered and our efforts will continue to promote and protect the mission and expansion opportunities of Cannon, as we move forward with our quest to ensure that it remains the premier military base in the entire Department of Defense, and that we are the greatest support community, as well."

Environment Secretary James Kenney in the news release called the discharge "reckless" and said it was "an example of Cannon AFB’s willful disregard for public health and environmental safety in the exact community in which they operate."

“Basic maintenance could have prevented this spill. The Air Force must now prove why the state should allow Cannon AFB to continue operating in Clovis if they cannot meet the basic conditions of their permit,” Kenney said in the release.

PFAS (per- and polyfluoroalkyl substances) are toxic, cancer-causing chemicals commonly used in firefighting foams, linked to health risks and long-term environmental contamination.

The news release continues:

“Cannon AFB’s failure to inspect the retention pond allowed contaminated rinsate — or liquid containing toxic chemicals — to seep into the ground and endanger the nearby aquifer. This discharge is in addition to the PFAS groundwater plume extending approximately four miles southeast of Cannon AFB. This toxic plume continues to threaten the community and resulted in the euthanizing of 3,500 dairy cows poisoned from drinking contaminated groundwater — devastating local agriculture. That release is currently the subject of multiple lawsuits seeking to hold the U.S. Department of Defense accountable.”

NMED stated it has spent more than $12 million in legal and technical costs on the lawsuits.

It claims Cannon “violated its state permit conditions by neglecting to maintain the retention pond properly and by failing to notify NMED of the spill within the required 24-hour window.”

Clovis Mayor Mike Morris called the environment secretary's comments "incredibly harsh and reckless."

"It is a privilege to share community with these heroes, never mind the $570 million annual economic impact of Cannon on our eastern New Mexico economy.

"To speak so flippantly about Cannon is to completely disregard the service and sacrifice of the men and women of the 27th (Special Operations Wing) as they defend our nation."

Morris said he's hoping to speak with Gov. Michelle Lujan Grisham about the secretary's comments.

"I do not discount the seriousness of the issue and NMED is within its rights to hold everyone accountable, but I've grown very tired of these types of comments from NMED."