CONCERNED RESIDENTS OF PORTLAND, NEW YORK - PLUS PEOPLE LIKE US CROP PLUS A bottom ash analysis commissioned by CROP-PLUS revealed barium, chromium, lead and selenium were above EPA standards for hazardous waste. Our Mission Statement: Provide community education to protect the water resources of Chautauqua Lake, the Great Lakes and New York State. Fortunately, CROP-PLUS recently received a grant from Freshwater Future. The grant will be used for testing, legal counsel, and educating decision makers. CROP-PLUS is united in a national campaign to have coal ash regulated as hazardous waste. cropplus@gmail.com ~ CHAUTAUQUA UNITED - STOP COAL ASH POLLUTION ~ Tuesday, October 5, 2010 CROP PLUS Crop Plus wishes to acknowledge the contributions of the following: Freshwater Future League of Women Voters SUNY Fredonia FACE: Fredonia's Academic Community Engagement Center Environmental Integrety Project Earthjustice Unitarian Universalist Congregation of Northern Chautauqua CHEJ: Center for Health, Environment and Justice Tuesday, October 5, 2010 Presentation Synopsis o Overview of the Problem o Proof of Pollution o Proposed Solutions Tuesday, October 5, 2010 The problem includes the non-enforcement of state regulations and unmonitored "supposed beneficial use". New York State Applicable Regulation ! BUD #122-0-34 > Letter from DEC dated 2/12/1992 > Niagara Mohawk Power Corp's bottom ash has been approved for beneficial use > Ash must be tested twice a year (NOT enforced by DEC!!!) > Bottom ash can be used as a traction agent to control snow and ice on roads Tuesday, October 5, 2010 ?'Ska If -e 1 ff- 'yi A '?ff . ,s az, "1-trgetifv ua. fr fte~~- "um S., mm 5:2172 .. 5 Tuesday, October 5, 2010 This is the new Portland, NY highway department building. 6 Tuesday, October 5, 2010 Corell Creek is directly behind Portland's noncontained, coal bottom ash stockpile. 7 Tuesday, October 5, 2010 The dark pile on the right is the coal bottom ash stockpile that is located behind the Pomfret, NY highway department building. Tuesday, October 5, 2010 P: f',p 2 l"Tuesday, October 5, 2010 . 'a 1 Af _l -'ff 593 ww I I jpTuesday, October 5, 2010 ir_'Tuesday. October 5, 2010 I df! 1 .1 .1 _,Ir 'wi I., i .423 3,1 -as" .gs *x X., nw.PE _vig Yr_Qvf 21sys_"Tuesday, October 5, 2010 'f #4 feel gf 4117 I 4 . . '/:pf "ff Otb 52010 13 z.'Wiz ., 2.5; 1f>>i-bf* 'Jf-sf- _*mr 4 . .1 . . Tuesday, October 5, 2010 ,fr A -'Ivan fngfi-"` 1;-f '14 x* f. 1 . .EUR bf'11Tuesday, October 5, 2010 -sf 15 Regulation 360-1.15 (A-D) New York State -1993 !A Applicability " (2) Beneficial use determinations granted by the department before the effective date of this section shall remain in effect, subject to all conditions contained therein, unless specifically addressed by subsequent department action (NOT enforced by DEC!!) Tuesday, October 5, 2010 Regulation 360-1.15 (A-D) New York State -1993 ! Part B: List of 16 Pre-Determined BUD's that do not require testing Part C: A Special required report Part D: Several testing and management requirements for Case Specific BUD's ( Part D is NOT enforced!!!) ! ! Tuesday, October 5, 2010 Presentation Synopsis o Proof of Pollution Tuesday, October 5, 2010 DEC, FOIL files had no periodic test data. Freshwater Future provided a grant that allowed Crop Plus to test bottom ash, 5 surface waters, ditch sludge and 3 residential wells. to Daniel David, PE: Part 360 testing requirements supersedes the Route 20 Corell Creek (Downstream) Tuesday, October 5, 2010 The large blue triangle is near the Portland, NY Highway department which is locate on US Route 20, adjacent to the Town park and picnic area. The 4 locations in the upper trapezoid area are near the two coal combustion waste landfills located near the shore of Lake Corell Creek off of Rt-20 (Surface Water Sample #1) Surface Water sample #1 location chosen because it is downstream of the Portland bottom ash storage site off Rt-20 ! This would also be the area of highest concentration closest to the pile ! Tuesday, October 5, 2010 Thayer Pond Tuesday, October 5, 2010 Again, the trapezoid area is the general location of two coal combustion waste landfills. The lower two triangles identify Corell Creek directly behind the Portland bottom ash stockpile and the large blue triangle is the Thayer Rd location. Corell Creek off of Rt-20 (Surface Water Sample #2) Surface water sample # 2 location chosen because it is upstream of the coal ash pile ! This will provide a base level for any contaminates found downstream of the coal ash pile ! Tuesday, October 5, 2010 This covered walkway is in the Portland Town Park. Corell Creek Upstream Aluminum Arsenic Barium Chromium Iron Manganese Lead Selenium Downstream 80 72 64 56 48 40 32 0.049 0 0.076 0 0.213 0.017 0 0 46.1 0.034 1.84 0.050 77.0 14.9 0.0640 24 0.020 16 8 0 Aluminum Barium Iron Lead Tuesday, October 5, 2010 Arsenic Chromium Manganese Selenium Upstream Downstream Examine the table. In the line graph: Purple is Iron, BlueAluminum, the grey is manganese, gold is barium and the green line for arsenic hides the others that are low results. Thayer Rd Pond (Surface Water Sample #3) Surface Water Sample #3 chosen because of it's proximity to Thayer Rd which has received bottom ash de-icer for decades. ! Pond does not support aquatic life. ! Lab pH of 4.18 ! Tuesday, October 5, 2010 The home owner is a hunter and often finds diseased wildlife with tumors. Van Buren Creek (Surface Water Sample #4) ! Surface water sample #4 location chosen because Van Buren Creek runs through both coal ash landfill sites Tuesday, October 5, 2010 The closed Don Frame Trucking landfill is listed in the July 2007, EPA proven damages report. The current use landfill is owned by NRG. Van Buren Rd ditch (surface water sample #5 and sludge sample) ! ! The ditch sludge and surface water #5 samples were chosen because trucks trail ash on the concrete entrance to the coal ash landfill The ash is then washed into the ditch Tuesday, October 5, 2010 Vtvz-'G 40 4 4' .v.v.9 an 0 A v. WoofTuesday, October 5, 2010 QQlv' '5r~ tx 4 1 . .1207 _,Tuesday, October 5, 2010 I I la 'sian Itlgpi.. it '2"Lys 'ff 'Wh 5 1 . _ll ren; iff* I Tuesday, October 5, 2010 SURFACE WATERS 15.0 13.5 12.0 10.5 9.0 7.5 6.0 Aluminum Arsenic Barium Chromium Iron Manganese Lead Selenium 4.5 3.0 1.5 0 TR POND Tuesday, October 5, 2010 VB CREEK DITCH 30 FOUR SURFACE WATERS 80 72 64 56 48 40 32 Aluminum Arsenic Barium Chromium Iron Manganese Lead Selenium 24 16 8 0 TR POND Tuesday, October 5, 2010 VB CREEK DITCH CORELL D 31 Portland Bottom Ash 5/10 Aluminum Arsenic Barium Chromium Iron Manganese Lead Selenium Tuesday, October 5, 2010 Ditch Sludge 5/10 16100 11.8 846 17.2 20100 464 14.5 0 32 21100 6.62 1640 10.4 14900 88.2 4.42 1.57 Well #1 Van Buren Rd Total Dissolved Solids 946 mg/L Tuesday, October 5, 2010 A massive, NRG excavation project has begun on the north side of Van Buren Rd. ( left of the large blue triangle) Thayer Rd Well (Well sample #2) Well Sample #2 location chosen because of its proximity to the road that bottom ash is spread on ! Resident has had many problems with the well water quality ! Tuesday, October 5, 2010 Berry Road Well (Well sample #3) Well Sample #3 chosen because it is directly across from two coal ash landfills ! Resident has had problems with water quality and has experienced black sludge while using the water ! Tuesday, October 5, 2010 DEC files contain complaints from this residential well owner dating back to 1984. CONTAMINANT Aluminum Arsenic Barium Chromium Iron Lead Manganese Mercury Nickel Selenium Zinc Thallium Hex Chrom. pH Chloride Sulfate SO4 Floride TOC % Solids Iron & Mang. Tot. Hardness T Dissolve Solids NRG 5/07 25000 2.7 2080 14.8 21000 8 110 <.07 28.7 2.7 29 Crop P Crop P SLUDG 5/09 5/10 E 5/10 28300 4.04 2210 18.5 19000 5.57 97.9 0.02 1.87 44 21100 6.62 1640 10.4 14900 4.42 88.2 0.019 17.7 @1.57 24.2 3.22 8.19 255 13% 3.79% 80.4 70.6 8.58 104 16100 11.8 846 17.2 20100 14.5 464 0.297 33.5 Van Buren Rd Ditch 13.8 0.010 0.810 0.017 12.1 0.0115 0.415 0.018 0.008 Corell Creek Clean 0.049 0.076 0.213 0.017 0.0002 Corell Creek Dirty 46.1 0.034 1.84 0.05 77 0.064 14.9 0.106 0.02 0.527 Van Buren Creek 0.079 0.058 0.396 0.078 0.002 Thayer Rd. Pond 2.66 0.024 0.17 0.631 0.00009 0.041 0.092 Thayer Rd. Well 0.059 0.576 0.002 8.48 0.0066 4.73 Van Berry Buren Rd. Well Rd Well 0.026 0.335 0.386 0.048 0.160 0.084 2.42 0.0093 0.024 0.007 0.113 6.81 8.47 6.97 7.27 4.18 8.24 81.7 30.1 7.43 206 52.4 7.94 35.5 57.6 12.515 300 612 0.23 120 160 91.9 280 169 0.474 288 0.801 48 103 13.21 356 0.434 946 2.444 292 Ash / Sludge measures are mg/kg Tuesday, October 5, 2010 Liquid measures are mg/L 36 Please grant Crop Plus a meeting to discuss these results. We have researched this problem for 4 years. We traveled 11 hours to be able to testify for 3 minutes each. Corporate coal had several months to review and revise the initial ruling Presentatlon Synopsls Proposed Solutions Proposed Federal Solution o Regulate all coal combustion waste as "Special Wastes" under RCRA Subtitle C including coal wastes proposed for "Beneficial re-use". o Contact cropplus@gmail.com to review our test results. Tuesday, October 5, 2010 Questions?