BNSF and Kootenai County appear to have resolved differences over conditions of operation at the poorly located railroad refueling station over the Rathdrum Prairie Aquifer near Hauser. Recall that BNSF objected to tougher new conditions the County proposed last year, and ran immediately to the courthouse. Now, scheduled for a hearing before a hearing examiner September 1st, are a new set of conditions that BNSF appears to have agreed to.
Some changes in the new conditions were minor. For example, the County had originally asked that BNSF finance a position at DEQ for aquifer protection for as long as the facility is in operation. Now, under the revised conditions, BNSF would continue to provide funding for a DEQ staff position for a period of 10 years, but after 10 years, BNSF would continue funding at a level of $100,000 per year as long as the facility is in operation.
The main change between what was proposed last year and what will go to the hearing examiner this year appears to govern what happens when something goes horribly wrong. Originally the County had insisted that if a potential petroleum leak had penetrated two of the three layers of containment protection, the facility would need to cease operations immediately, and they could not resume until they were cleared to operate by DEQ.
Now, however, the proposed condition is much more lenient. The new proposed condition states that, for any release outside all of the containment areas:
the initial response to any release of petroleum products shall include immediate action to prevent further release of petroleum outside the containment areas, which may include ceasing operations at the facility in whole or in part, if so directed by DEQ … until the release has been stopped, at which point operations may be resumed.
In other words, BNSF does not stop operating until the leak has passed through all the layers of protection. Indeed, it still doesn’t stop operating until an agency shuts them down. And BNSF starts right back up once the leak is stopped, regardless of any cleanup that might be necessary.
Basically, we’re deeply concerned that this condition is far too loose to be fully preventative. We’ve only got one sole-source drinking water supply. We need to be much more protective than these new operating conditions would allow for this facility.