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The Charlotte News & Observer - 12/02/2006

Panel on hazardous waste: Clue neighbors in

by Wade Rawlins, Staff Writer

Neighbors of hazardous waste storehouses should get regular notices, and the facilities should have 24-security or electronic fire detection systems, according to a task force convened by the governor.

North Carolina has 11 commercial hazardous waste storage warehouses that receive truckloads of spent chemicals from manufacturers and laboratories, consolidate them and ship them to incinerators, landfills and recyclers in other states. One of them, Environmental Quality in Apex, erupted in a fireball in October, forcing the evacuation of thousands of residents and highlighting some gaps in current regulation.

Gov. Mike Easley appointed the task force with representatives from state and local emergency response, public health and environmental agencies and asked for a report by mid-December. The task force's report will recommend that the governor ask the General Assembly to tighten the law in a number of ways.

"One of the biggest considerations involved the consequences of these facilities being sited in areas that are highly urbanizing communities," said Dempsey Benton, deputy secretary of the Department of Environment and Natural Resources and co-chairman of the panel. "Clearly, there is an intent to increase general public awareness of these special facilities and increase the level of engagement of local governments in the contingency planning."

Residents and businesses within a quarter-mile of the facilities would receive a notice in the mail every two and a half years about the facility's activities and when the permit is up for renewal or major modification, under the recommendations. Currently, the facilities are required to provide a public notice of permit change.

Rob Thompson, an advocate for N.C. PIRG, a group that advocates for consumer protection and clean air and water, urged the task force to go further. He said all residents within one mile of the facilities should be notified.

"There are residences around many of these plants," Thompson said. "We have people making $100,000, $200,000 and $300,000 investments in property when they don't know they'll be living within a mile of one of these facilities.

"I believe the state of ignorance is absolutely unacceptable and could lead to loss of life if not corrected," he said.

The task force's recommendations also include 24-hour security by trained hazardous waste personnel or electronic fire detection systems at the warehouses and more frequent inspections as the number of people living nearby increases.

The task force compromised on a recommendation from the state Division of Waste Management to require trained hazardous waste personnel at the facilities 24 hours a day.

"I can't see how it would really help," Tim McQueen, operations manager for ECOFLO in Greensboro, told the task force in response to questions about requiring around-the-clock staffing. "If you have somebody on site physically, is that different than having electronic systems that are triggered immediately?"

The task force agreed to a compromise recommendation that facilities have trained personnel or advanced fire detection equipment acceptable to state regulators.

Dexter Matthews, director of the Division of Waste Management, which proposed 24-hour security by trained personnel, said personnel on site might be able to stop an uncontrolled chemical reaction from turning into a fire.

Among other recommendations:

* Requiring waste warehouses to get comments from local fire departments on the adequacy of the plan. Currently they're simply required to send them a copy.

* Requiring greater financial assurance by the facilities to pay the state's cost for cleanups and screening for off-site contamination in the event of fire.

* Renewing permits on a five- year cycle rather than every 10 years, to increase scrutiny of facilities.

* Requiring facilities to maintain a backup copy of data about hazardous waste off-site so firefighters can get it easily in an emergency.

The task force will meet again Dec. 12 to finalize its recommendations

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