Missouri DNR downplays risk at popular park

By: Leisa Zigman

KSDK -- First, they failed to warn the public about dangerously high levels of e-coli at the Lake of the Ozarks.  Then; they failed to warn swimmers about sewage pollution at Castlewood State Park. Now the I-Team is raising serious questions regarding whether those running Missouri's Department of Natural Resources are misleading the public about hazardous lead levels at one of the state's most popular parks.

St. Joe State Park is the third largest park in Missouri with more than 700,000 visitors last year. It is a paradise for many off road vehicle enthusiasts because of the wide open sand flats. But it is not sand. The swirling dust being inhaled and ingested is actually lead tailings left over from more than a century of mining.

The area is covered with an estimated 75,000,000 tons of lead tailings. According to the Environmental Protection Agency (EPA) the only safe level of lead is zero but recent tests show hot zones at the park. Levels top 1,000 parts per million. The greatest concern is for children, especially those younger than seven.

Riding enthusiast Dr. John Martin of St. Louis County explains, "During a hot summer day this area is one gigantic dust cloud."

Dr. Martin loved riding ATV's with his son, Alex.  He knew there was lead but figured it was safe because the state's website says it is.

Dr. Martin said, "There are warnings about lead based paint. When you remove lead from a house you seal everything up and vacuum particles from the air. Down there everybody is exposed to it, even the youngest kids."

In 1993 the federal government declared the area a superfund or toxic site and made it a national priority. While parts of the park have been cleaned up the tailings in the ORV area have not.

Martin said, "There are motor cross events where they have 5,6, 7 year old children riding in the dust and when they're done, they look like Pig Pen from 'Peanuts."

Martin's nephew Derek tore up the track at a motor cross event. You can see the lead laced particles in the air, on his clothes, and by the end of the race, all over his mouth.

"If you went out and rode a bike through it one time, it's probably not a big deal. If you're out there a lot, it's a whole different issue," said Cherri Baysinger, the Bureau Chief for Missouri's Department of Health.

While Governor Jay Nixon's Department of Natural Resources says the area is safe, his health department says parts are not.

We asked Jonathan Garoutte, the Health and Risk Assessment Program Manager for Missouri's Department of Health if there was a risk from lead exposure, especially to young children. Garoutte said, "Certainly there is."

But that is not what the Department of Natural Resources tells the public. Its website, updated in August of 2009, has a  statement on lead that  quotes an outdated, six year old report.

The statement says, "Recent press coverage has discussed the possibility of closing St. Joe State Park. Please be assured that St. Joe State Park is not closing. The recent discussions were the result of comments made by the U.S. Environmental Protection Agency (EPA) that the department should phase out off-road vehicle riding on the mine waste piles (the sand flats) over a five-to-seven year period. A 2003 Human Health Risk Assessment, which was approved by EPA and others, showed through statistical modeling that risks associated with recreational exposures from off-road-vehicle riding at the site were within acceptable levels. The Department of Natural Resources plans to work with EPA to develop designs and technology to allow some type of riding on the sand flats. There will be no final decision on what will happen with the riding area until this process has been completed. Until this happens, the park will continue to operate as it has in the past. Even if there is a modification of the riding area on the sand flats, the remainder of the park will continue to provide recreational opportunities. "

Dr. Matin said, "People will read that statement and take it at face value. They'll trust the state."

It's unclear why Missouri's DNR is quoting the 2003 Risk assessment.  No one from that agency would sit down and grant the I-Team an on camera interview. But Experts with the EPA and Missouri's Department of Health say that 2003 assessment was flawed because it never considered those most at risk, children under seven.

That is why a new massive sampling was ordered in 2008. The 2008 results are now considered the gold standard for highlighting the potential risk.

Baysinger explained the results by saying, "The lead concentration level is higher then we like to see people exposed to."

The DNR never mentions the 2008 sampling. Instead a spokesperson issued the following statement: "The DNR puts park visitor health and safety first. Since 1993, the department has conducted a number of tests, and none has shown unacceptable levels of risk to park staff, on-site residents or recreational off-road vehicle users."

Public documents from the EPA, the Agency for Toxic Substances , and even the DNR show that statement isn't true.

In 1994, an EPA and DNR site evaluation concluded:" The soil and air exposure pathways pose a threat to human health and the environment."

The Missouri Department of Health and the Agency for Toxic Substances recommend ..."limiting exposure of young children to lead sources such as lead contaminated soil and the tailings and chat found at the park..."

In 1997 a human health exposure study by the Missouri Department of Health showed that 17% of the children under seven years old living near the park, had blood-lead concentrations exceeding the health-based standard.

EPA officials concluded after the 2008 mass sampling . ....."Wind erosion and airborne dust.....are a potential hazard to on-site workers, residents, and children...... "

Only after the I-Team questioned the accuracy of the DNR statement, did a spokesperson issue a new statement that was an apparent about face. The new statement says: "Studies have shown that occasional off-road riding is acceptable, but more frequent riding could subject visitors to unacceptable levels of risk. That is a concern...."

Monday night, the DNR changed its website and is no longer stating lead levels are within an acceptable risk level.

Some enthusiasts think they know the risks but love of the sport keeps them coming back.
ORV rider Leslie Parke said, "I don't see it being a real big issue, to the people who ride here everybody is aware of it, everyone has been coming out for years and years."

Dr. Martin said at the very least DNR should put up signs and let the public know which specific riding areas contain high levels of lead. That way parents can make an informed decision for their children.

DNR officials insist nine signs are prominently displayed throughout the park including inside bathrooms and campgrounds. While we did not see any of the signs and while Dr. Martin says he's never seen one of the signs, its content is the strongest statement yet about park safety. 

The flyer produced by DNR states ..."Children six and younger should not play in the ...ORV areas."

Not one official we spoke to for this report says there is a need to shut down the park.

In fact, the EPA has developed a plan that would bring the lead levels down to what it calls an "acceptable risk."  Only DNR has the power to close the park but EPA believes the clean-up can be done while keeping the park open.

The EPA plan includes bringing in sand to cover the tailings where lead levels are higher than 600ppm and using vegetation to clean up some of the other "hot spots."

The state DNR and the Doe Run Company would be responsible for the clean up. In 1976, The St. Joe Minerals Corporation, Doe Run's predecessor donated the park land to the State of Missouri.

During the course of this investigation, DNR spokesperson Travis Ford offered three conflicting pieces of information regarding safety at St. Joe State Park. To view the evolving statements click here