Chemical Waste officials, CAC discuss truck concerns

by Terry Duffy
Lewiston Porter Sentinel, December 9, 2006

Leaky Trucks

As to the issue of leaky trucks or non-covered loads, Strickland admitted, “It’s a violation of DEC conservation laws,” but added that it’s difficult to monitor and enforce due to staff limitations.

Witryol suggested perhaps further CWM involvement to assist DEC monitors could be considered.

Bill Choboy, who represents Porter CAC interests, asked why DEC monitor staffing could not be increased, using CWM fines to help pay for it. Strickland said fines collected from the CWM incidents go directly into the state’s general fund, and that neither CWM nor DEC collects fines on site or per incident.

Moving onto the recent PCB waste spill and questions over the protocol governing such transports, and the reports of trucks spraying materials on Creek Road and pulling over en route to CWM, Strickland said two New York State Troopers escorted the trucks directly to the site from the Military Road location in Niagara Falls. There were no DEC agents involved. He said that Mangiardi Trucking Co. the contracted carrier, and not DEC, had arranged for removal of 40 tons of soils and asphalt from the site and performed actual testing of the materials. Strickland said testing revealed “no PCBs detected in the soil – only semi-volatile compounds.”

Jill Banaszak, technical manager at the CWM Porter facility, said the company has an established Waste Analysis Plan for outside carriers transporting materials to the site to adhere to and that it was the responsibility of the Massachusetts originator involved in the leak incident, not CWM, to both identify the materials and abide by the three protocols used in profiling it. “It is the responsibility of the generator to determine the waste level of materials, hazardous or non-hazardous,” said Banaszak.

She added that once the “diapered trucks” arrived at the CWM gates, company officials determined that additional rainwater had accumulated in the soils, which resulted in leaks. CWM responded by containing, vacuuming and removing the excess for further treatment.

Bill Rolland, a Porter CAC member, told the CWM reps, “It appears there is no method of enforcement; it appears CWM’s role is limited to a slap on the wrist to transporters for violations. It’s a serious problem.”

Banaszak again responded that CWM provides criteria governing transports to its carriers “We have some preventative controls, information is provided to customers and transporters. It is their responsibility to abide by it.” She added the company does provide information on permitted routes and abidance areas to customers; however it does not require it.

Both Rolland and Witryol suggested CAC work with the company to establish a volunteer task force comprised of such participants as state and local officials, both town highway supervisors, and others for purposes of establishing recommendations on transporter rules and regulations addressing problem trucks, truck convoys, designated routes and prohibited hours issues. Also establishing improved communication with the carriers on transportation issues, and better working with the public on such issues of Creek Road traffic monitoring.

The matter closed with the two groups in agreement on the idea of the task force proposal, with input to be provided by the Lewiston and Porter town boards and Niagara County on how to carry out any recommendations – which could range from suggestions on regulating to improved monitoring of trucks en route to CWM for any violations.

CWM has been considering advertising “to better educate the public. People would need to be very specific of the violators,” Sturges said, adding that information such as location, days and times, the color of vehicles, license plate or truck ID numbers “would be ideal.”

“CWM is open to alternatives and has been pursuing this matter with our state representatives,” said CWM Community Relations rep Lori Caso. “We welcome your input.”

She added that CWM, which met with Lewiston-Porter School District officials on Thursday to discuss truck traffic concerns, would await the task force input before taking further action.

More expected when the CAC addresses this issue at its next meeting, scheduled for March 2007.