September 12, 2016

Honorable Andrew M. Cuomo
Governor of New York
The State Capitol
Albany, New York 12224

Re: Proposed Dominion New Market Pipeline Expansion Project

Greetings:

I write respectfully to request that you take immediate action with regard to the above-referenced regulatory matter. I also ask that my request be included as part of the official record that will be reviewed by your Department of Environmental Conservation (DEC).

First, I ask you to rescind a "blanket authorization" Section 401 Water Quality Certification improperly granted by DEC earlier this year for the proposed Dominion New Market Pipeline Expansion Project pursuant to Nationwide Permit Program 12 - Utility Line Activities (NWP).

See: Pre-Construction Notification for U.S. Army Corps of Engineers Nationwide Permit #12

Second, I ask you to use your authority to DENY any Section 401 Water Quality Certification, air discharge permits or other state regulatory approvals required for this massive pipeline expansion project to be built because it:

a) would cause pollution hazards along a 200-mile corridor in New York,

b) would exacerbate existing Dominion Pipeline contamination problems that were never cleaned up to state standards,

c) would perpetuate New York's dependence on fossil fuels,

d) would contribute to global climate change for decades to come and

e) received an improper "conditional approval" from FERC (Federal Energy Regulatory Commission);

I am pleased to document why I am making these important requests.

Improper "Blanket Authorization" Section 401 Water Quality Certification

The "blanket authorization" Section 401 Water Quality Certification was improperly granted by DEC for Dominion's proposed pipeline expansion project in clear contravention of U. S. Army Corps of Engineer requirements, Section 401 Water Quality Certification mandates pursuant to the U. S. Clean Water Act and DEC's own regulatory rules.

First, DEC's decision contravenes U. S. Army Corps of Engineers Nationwide Permit (NWP) requirements because the proposed project involves the massive expansion of a 200-mile existing pipeline that has already caused extensive contamination problems that were never cleaned up to state standards and whose cumulative effects have never been assessed.

This is unacceptable because the U. S. Army Corps of Engineers requires that:

"NWPs are a type of general permit designed to authorize certain activities that have minimal individual and cumulative adverse effects on the aquatic environment and generally comply with the related laws cited in 33 CFR 320.3. Activities that result in more than minimal individual and cumulative adverse effects on the aquatic environment cannot be authorized by NWPs (emphasis added)."

See: NWP 12 - U.S. Army Corps of Engineers

Second, DEC's decision violates its own NWP 12 "General Conditions" because the agency has already failed to fulfill its "'Non-contamination of Waters' requirements:

- All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, resins, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project (bold is emphasis added)."

DEC's own spill incidents data clearly document that both the construction as well as operation of the existing Dominion Pipeline have already caused multiple violations of water quality standards that were never cleaned up to state standards. Uncontrolled pollution releases involved "unknown petroleum," "waste oil/used oil," "natural gas," "natural gas distillates," "#2 fuel oil," "#4 fuel oil," "#6 fuel oil," "blacktop," and "auto waste fluids."

See spill summary below and full profiles compiled on 7/28/16: Dominion Pipeline (earlier known as CNG) spills

Based on this record of on-going Dominion Pipeline water quality problems, DEC cannot possibly certify that the proposed pipeline expansion project will fulfill the extremely strict Section 401 Water Quality Certification requirement:

"In accordance with Section 401 of the Clean Water Act, applicants for a Federal license or permit for activities (including but not limited to the construction or operation of facilities that may result in any discharge into waters of the United States) are required to apply for and obtain a Water Quality Certification from DEC indicating that the proposed activity will not violate water quality standards (emphasis added)."

See: Clean Water Act - Section 401 Certification

Third, DEC's NWP 12 requirements mandate that Dominion obtain a Section 401 Walter Quality Certification through an individual application proceeding because the proposed New Market Pipeline Expansion Project cannot meet the requisite "General Conditions."

See: NYS DEC Section 401 WQC for USACOE Nationwide Permits (PDF)

DEC's On-Going Failure to Prevent or Clean up Fossil Fuel Pipeline Hazards

There can be no doubt that the proposed Dominion New Market Pipeline Expansion Project would cause further water quality problems because DEC's inadequate regulation of fossil fuel transmission pipelines has failed for decades to prevent or require the comprehensive remediation of a total of 114 major explosions, fires, ruptures and toxic discharges involving crude oil, natural gas, gasoline and petroleum products.

See: Natural Gas, Crude Oil and Petroleum Product Pipeline Fires, Explosions, Accidents, Ruptures and Spills

Many of these toxic releases polluted both ground as well as surface waters, involved no remedial efforts whatsoever, continue to exceed state standards and remain administratively active many years after being reported.

Please note that some of these uncontrolled releases involved compressor station air discharges that caused airborne pollution as well as soil contamination. These spills were often never cleaned up to state standards.

In short, DEC's inadequate regulation of pipelines, compressor stations and storage facilities is shockingly unacceptable and must be fully rectified before any additional fossil fuel infrastructure projects are authorized.

Dominion Must Not Be Allowed to Circumvent Section 401 Requirements

Until I posted DEC's spill incidents data for public review on December 17, 2015, the agency's insufficient regulation of fossil fuel transmission pipelines was essentially unknown. As a result, intense public and media concern ensued.

My release of DEC's spill incidents data very likely persuaded Dominion to try to avoid obtaining a Section 401 Water Quality Certification for its New Market Pipeline Expansion Project through an individual application. The firm took action immediately after my data release. This is improper and must not be permitted by State and Federal authorities.

On 4/22/14 DEC required Dominion to submit an individual application for a Section 401 Water Quality Certification because the proposed New Market Pipeline Expansion Project involved potential impacts to aquatic resources in more than one DEC Region.

On 1/12/16 Dominion wrote DEC to withdraw its Section 401 Water Quality Certification individual application after the scope of work for its proposed project was altered to try to avoid that obligation. The firm asserted, "impacts to aquatic resources have been reduced to occur only in a single NYSDEC Region."

As a result, Dominion requested "blanket authorization" Section 401 Water Quality Certification for its proposed project pursuant to Nationwide Permit Program 12 - Utility Line Activities.

DEC's spill incidents data document that Dominion's existing pipeline caused multiple water quality violations that often were not cleaned up to state standards at locations across the state, including in Woodhull, Ithaca, New Hartford and East Greenbush, NY.

Given that those documented impacts to New York's aquatic resources are located in three DEC regions (8, 7 and 4), Dominion's assertion that its New Market Pipeline Expansion Project's Section 401 Walter Quality Certification should be authorized pursuant to NWP 12 must be rejected.

FERC "Conditional Approvals" Improperly Granted and Must be Rescinded

Finally, the spill incidents data presented herein clearly document that the FERC "compensatory mitigation" policy has not been fulfilled for the proposed project. As a result, I have written FERC to request that, at a minimum, its "conditional approval" be rescinded for the Dominion New Market Pipeline Expansion Project, Arlington Gas Storage and Constitution/Iroquois Pipeline.

These conditional approvals are based on FERC's fundamental conclusion that:

"Construction and operation-related impacts on waterbodies and wetlands will be further mitigated by ... compliance with the conditions of the COE [United States Army Corps of Engineers, not in the original] Section 404 and the New York State Department of Environmental Conservation (NYSDEC) Section 401 permits required under the Clean Water Act (including compensatory mitigation) and by implementing the wetland protection and restoration measures contained in ... ECPs [Environmental Construction Plans, not in the original], including its Wetland and Waterbody Construction and Mitigation Procedures (Procedures)."

See page 25: Notational Order - Federal Energy Regulatory Commission

FERC's conditional approvals rest on the policy of "compensatory mitigation:"

"According to these regulations, compensatory mitigation means the restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of wetlands, streams and other aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved."

See: https://www.epa.gov/cwa-404/compensatory-mitigation

I reviewed FERC's responses to all of the comments submitted as part of the above-referenced authorization proceedings. No information whatsoever was submitted to challenge this critical rationalization for conditionally approving the above-referenced proposed projects.

Since last December, I have compiled and posted for public review extensive DEC spill incidents data which directly contradict FERC's conclusion that, "impacts on waterbody and wetland resources will be effectively minimized or mitigated to the extent practicable."

On the contrary, DEC, the U.S. Army Corps of Engineers and EPA have collectively and repeatedly failed for decades to prevent or clean up to state and federal standards nearly 150 major explosions, fires, ruptures and toxic discharges involving transmission pipelines, gas storage facilities and other fossil fuel infrastructure projects all over New York.

In short, the compensatory mitigation policy has not been translated into reality with regard to these disasters. That is why FERC's above-referenced conditional approvals must be rescinded.

As you will see below, detailed government information proves beyond a shadow of a doubt that the existing 200-mile Dominion Pipeline and the existing Arlington gas storage facility in Reading, NY both caused toxic contamination hazards that FERC should have addressed in its reviews.

This information supports DEC's recent decision to deny the Section 401 Water Quality Certification required for Constitution Pipeline to be built. FERC similarly failed to include these data in its review of that proposed infrastructure project.

Given the profound shortcomings of its review, I request that FERC use DEC's precedent setting decision as the basis for rescinding its conditional approvals for all of the proposed projects I have referenced.

See: Dominion Pipeline (earlier known as CNG) spills

New Market FERC Order

See: Reading, NY Spill Compilation

Arlington Storage Company, LLC Docket No. CP13-83-000

See: Natural Gas, Crude Oil and Petroleum Product Pipeline Fires, Explosions, Accidents, Ruptures and Spills

Notational Order - Federal Energy Regulatory Commission

Requests for Regulatory Action Sent to Multiple Federal Authorities

I provide for your review, detailed self-explanatory letters which I just submitted to the Army Corps of Engineers, EPA and FERC.

See: Letter to U. S. Army Corps of Engineers Which Requests That the Section 401 Water Quality "Blanket Authorization" Be Rescinded For Proposed Dominion New Market Pipeline Expansion Project

See: Request that EPA Region 2 Rescind the Section 401 Water Quality Certification "Blanket Authorization" Improperly Granted by DEC for the Proposed Dominion New Market Pipeline Expansion Project

See: Letter Which Requests That FERC rescind its "Conditional Approvals" for Dominion New Market Pipeline, Arlington Gas Storage and Constitution/Iroquois Pipelines

Conclusion

Given the grave regulatory shortcomings that I am bringing to your attention, I believe urgent action is warranted to resolve my concerns.

For all the reasons documented herein, I respectfully request that you require the "blanket authorization" Section 401 Water Quality Certification granted pursuant to NWP 12 for the Dominion New Market Pipeline Expansion Project to be rescinded.

I also ask you to take further action in concert with EPA Region 2 and the U. S. Army Corps of Engineers to make sure that no Section 401 Water Quality Certification is granted for the proposed pipeline expansion project because neither DEC, EPA, the Army Corps of Engineers nor Dominion Transmission, Inc. can fulfill the strict requirements of that section of the U. S. Clean Water Act at this time.

I also ask you to withhold all other state approvals for the proposed pipeline expansion project.
With all respect, unless the requirements of State and Federal environmental protection laws are strictly enforced by your administration, EPA, the U. S. Army Corps of Engineers and other government authorities, the public will not be safeguarded according to applicable legal requirements.

You have received multiple requests to hold a public hearing in Ithaca, NY to accept comments from concerned citizens regarding water quality hazards. I request that you keep the comment period open until a public hearing is held.

Finally, you have received a respectful sign-on letter from a total of 22 State Legislators which requests that you adopt a moratorium on any state approvals for fossil fuel infrastructure projects. That request is echoed by a coalition letter with more than 1,100 signatories.

See: Assemblywoman Lifton 8/8/16 Letter Requests that DEC Commissioner Seggos Expand Scope and Number of Proposed Dominion New Market Pipeline Hearings and

Coalition Letter Which Requests That Governor Cuomo Adopt a Statewide Moratorium on Fossil Fuel Project Approvals

I trust that you will find my request self-explanatory, but please do not hesitate to contact me if you have any questions that I might be able to answer.

Thank you for your consideration.

Very truly yours,

Walter Hang
215 North Cayuga Street
Ithaca, NY 14850

cc: Honorable Judith A. Enck, Environmental Protection Agency
Region 2 Administrator
New York Section Chief, U. S. Army Corps of Engineers, Buffalo District
Honorable Barbara S. Lifton
Honorable Steven Englebright
Honorable Thomas F. O'Mara
Honorable Charles E. Schumer
Honorable Kirsten Gillibrand

Dominion Pipeline (earlier known as CNG) spills

"CNG TRANSMISSION
219 ELLIS HOLLOW CREEK RD ITHACA, NY

Spill Number: 9806491
Spill Date: 08/26/1998
Material Spilled: Unknown Petroleum
Meets Clean up Standards: No
Resource Affected: Groundwater

Caller Remarks:
CALLER IS WITH AN ENVIRONMENTAL CONSULTING AGENCY AND DISCOVERED AN OLD DISPOSAL AREA WHERE AN UNKNOWN HEAVY PETROLEUM HAS BEEN DUMPED

CNG TRANSMISSION
ELLIS HOLLOW RD ITHACA, NY

Spill Number: 9107079
Spill Date: 10/01/1991
Material Spilled: Waste Oil/Used Oil
Meets Clean up Standards: Unknown

Caller Remarks:
CONTAMINATED SOIL DISCOVERED DURING TANK REMOVAL.

WOODHALL COMPRESSOR STATION
974 COUNTY ROUTE 99 WOODHULL, NY 14898
Spill Number: 0912610
Spill Date: 03/03/2010
Material Spilled: WASTE OIL/USED OIL
Cause of Spill: EQUIPMENT FAILURE
Meets Cleanup Standards: No
Quantity Spilled: 20 Gallons

Caller Remarks:
APPROXIMATELY 15-20 GALLONS SPILLED TO SOIL. CLEANUP IN PROGRESS.

DEC Investigator Remarks:
03/04/2010: CK TO FOLLOW UP.
03/04/10 KEHOE CALL TO PRATT, COMPRESSOR BLOWS DOWN TO A TANK THAT WAS SUPPOSEDLY EMPTY OR AT LEAST HAD SOME SPACE FOR MORE OIL BUT DID NOT. THIS CAUSED OIL IN THE TANK TO BE BLOWN OUT, SOME CONTAINED IN SECONDARY BUT MOST WAS SPRAYED OVER THE GROUND SURFACE NEARBY. THEY HAVE A CREW WORKING TO COLLECT IMPACTED SOIL.

WOODHULL COMPRESSOR STA
COUNTY ROUTE 99 WOODHULL, NY
Spill Number: 9512515
Spill Date: 01/04/1996
Material Spilled: Natural Gas
Cause of Spill: EQUIPMENT FAILURE
Meets Cleanup Standards: No

Caller Remarks:
Threaded collar on 2in underground pipeline failed-line seperated [stet] allowing distillate to leak to surrounding soils. Line has been repaired and approx 67 tons of soil excavated in initial cleanup attempt.

CNG TRANSMISSION RIVERSIDE PORT
RIVERSIDE AVE PORT OF RENS PAPSCANEE CREEK EAST GREENBUSH PIPELINE RENS Z, NY
Spill Number: 9310557
Spill Date: 11/29/1993
Material Spilled: UNKNOWN PETROLEUM

Caller Remarks:
CNG DEWATERING FOR NAT GAS PIPELINE INSTALLATION, SHEEN ON DISCHARGE TO CREEK, SAMPLING.

03/15/95: CONSENT ORDER SIGNED AND PENALTY PAID.

CNG TRANSMISSION CORP
974 COUNTY ROUTE 99 WOODHULL, NY 14898
Spill Number: 9412219
Spill Date: 12/09/1994
Cause of Spill: Equipment Failure
Meets Cleanup Standards: No

Caller Remarks:
FILL LINE FROM NATURAL GAS TRANSMISSION LINE TO SEPARATION TANK SEPARATED AT A COLLAR. AREA WAS RECENTLY UNDER CONSTRUCTION & SETTLING IS BELIEVED TO HAVE CAUSED LEAK.

DEC Investigator Remarks:
LINE IS 2 DIAMETER, 3 FT BELOW GRADE. LEAK WAS DISCOVERED WHEN THEY WERE BLOWING DOWN GAS & WATER TO TANK. BACKHOE EXCAVATED SOME CONTAMINATED SOIL, BUT BECAUSE...
12/09/94: ...OF NEW CONSTRUCTION & SOFT SOILS BACKHOE KEPT GETTING STUCK. ABSORBENTS PUT DOWN TO COLLECT MATERIAL COMING TO SURFACE. NEAREST RESIDENCE IS STATION’S CARETAKER HOUSE APPROX 500 FT AWAY.

12/09/94: PBS # 8-445134; TANK #004, 8,000 GALLON TANK.
03/23/95: SR ON SITE; EXCAVATED SOIL PILE NEAR AREA OF SPILL, BOOMS DEPLOYED. NO VISUAL INDICATION OF CONTAMINATION, NO ODOR. CNG HAS TAKEN SOIL SAMPLES & PERFORMED BORINGS, RESULTS TO BE FORWARDED TO SR.

11/28/95 100 TONS OF CONTAMINATED SOIL EXCAVATED AND DISPOSED OF AT COUNTY ENVIRONMENTAL LANDFILL, PA. CONFIRMATORY SAMPLING SHOWS NON-DETECT EXCEPT FOR ONE SAMPLE. FURTHER EXCAVATION NOT POSSIBLE AS HIGH PRESSURE LINES EXIST. GROUNDWATER SAMPLES ON DOWNGRADIENT IMPACTED WELLS TO BE REQUESTED FOR SPRING OF 1996.

12/13/96 SOIL PILE FOR JAN 1996 RELEASE CLEAN PER STARS. MONITORING WELL RESULTS SHOW MW-1: 53 PPB BENZENE, APPROX 243 PPB BTEX; MW-2: NON-DETECT; MW-3: 79.6 PPB BENZENE, N.D. OTHERWISE. RESAMPLING TO BE SCHEDULED FOR SPRING 1997.

04/22/97 SAMPLE RESULTS SHOW:MW-1 WITH 43 PPB BENZENE, 72.5 PPB ETHYLBENZENE, 91.9 XYLENE; MW-2 WITH N.D; MW-3 WITH 64.5 PPB BENZENE.

CNG TRANSMISSIONS
1103 HIGBY RD NEW HARTFORD, NY
Spill Number: 9912031
Spill Date: 01/18/2000
Cause of Spill: Equipment Failure
Material Spilled: #2 FUEL OIL, #4 FUEL OIL, #6 FUEL OIL, AUTO WASTE FLUIDS, Unknown Petroleum
Meets Cleanup Standards: No

Caller Remarks:
SOIL CONTAMINATION DISCOVERED AT ABOVE LOCATION. SPILL IS HISTORIC IN NATURE.

DEC Investigator Remarks:
01/18/2000: SPOKE WITH CALLER. C & G TRANSMISSIONS DID A VOLUNTARY SITE ASSESSMENT AND DETECTED A PETROLEUM RELEASE. HAVE A REMEDIATION PLAN IN PLACE. WILL FORWARD SAR AND REMEDIATION PLAN FOR REVIEW (JA).

04/09/01: REVIEWED RAP. SENT LETTER THAT FIRE GATE BLD. AND TRASH PIT AREA ARE OK BUT NEED DISPOSAL RECEIPTS. OUTFALL ON HIGBY WAS NOT ADDRESSED.(JA)

RECEIVED SOIL DISPOSAL PAPERWORK. 2659.79 TONS SENT TO RAPP RD LANDFILL IN ALBANY. COVER LETTER REQUESTING CLOSURE AS DOT EXCAVATED DITCH IN FALL 1999. (JA)

7/3/2002: SOME CONTAMINATION REMAINS IN DITCH. INACTIVE. (DJ)"

Reading, NY Spill Compilation

US SALT 3580 SALT POINT ROAD SOUTH WEST SIDE WATKINS GLEN, NY
Spill Number: 1511923 Spill Date: 3/16/2016 Close Date: 05/18/2016
Cause of Spill: UNKNOWN
Meets Cleanup Standards: YES
Material Spilled: UNKNOWN PETROLEUM
Quantity Spilled: 0 GALLONS
QUANTITY RECOVERED: 0 GALLONS
Resource Affected: SURFACE WATER

Caller Remarks:
Seneca Lake, south west side caller states that there is sheen on water and gasoline odor by the warm water outfall from US Salt

DEC Investigator Remarks:
03/16/2016: TH TELECON WITH CALLER AT 1015. THE SHEEN WAS NOTICED THIS MORNING AT 0700. THE SHEEN WAS FAINT AND WIDESPREAD. NO ODOR WAS NOTICEABLE.

03/16/16 1340 KEHOE ON SITE TO CHECK REPORT. MET WITH DAVE CREA AND TODD REASONS. REASONS REPORTS THAT HE BELIEVES THE SPILL WAS THE RESULT OF POOR HOUSEKEEPING DURING AN ABOVEGROUND OIL/WATER SEPERATOR *(stet) CLEANING LAST WEEK. REASONS BELIEVES THE CREW SPILLED OIL ON THE FLOOR AND FAILED TO CLEAN IT UP. YESTERDAY, A BLOWDOWN LINE BROKE AND ALLOWED HOT WATER TO WASH OVER THE AREA OF SPILLED OIL. THE FLOW WASHED THE OIL INTO A DRAIN LEADING TO THE LAKE DISCHARGE. THE SEPERATOR IS USED TO COLLECT SEVERAL BOILER BLOWDOWNS PRIOR TO DISCHARGE TO THE FACILITY’S SPDES OUTFALL. THE AREA AROUND THE SEPERATOR WAS STAINED WITH OIL AND NEEDED TO BE CLEANED MORE. REASONS WILL HAVE THE AREA LCEANED (stet) AGAIN AND A STAINLESS STEEL PAN INSTALLED UNDER THE SEPERATOR. THE (BROEKN) (stet) PIPING FOR THE BLOWDOWN WILL BE REPAIED (stet) PERMANENTLY AS WELL. A CHECK OF THE LAKE FOUND ONLY A FAINT SHEEN NEAR THE DISCHARGE POINT. A SOUTHERN WIND AND ROUGH WATER APPEARS TO HAVE MITIGATED THE SHEEN ON THE LAKE. NO ACTION WOULD BE POSSIBLE ON THE LAKE.

A SPILL WAS REPORTED BY US SALT #1511925 & NRC REPORT #1143008.

US SALT 3580 SALT POINT ROAD WATKINS GLEN, NY
Spill Number: 1511925 Spill Date 03/16/2016 Close Date: 7/21/2016
Cause of Spill: HOUSEKEEPING
Meets Cleanup Standards: NO
Material Spilled: HYDRAULIC OIL
Quantity Spilled: .25 GALLONS
Quantity Recovered: 0 GALLONS
Resource Affected: SURFACE WATER

Caller Remarks: residual spillage found in oil water separator.

DEC Investigator Remarks:
REASONS BELIEVES THE CREW SPILLED OIL ON THE FLOOR AND FAILED TO CLEAN IT UP. YESTERDAY, A BLOWDOWN LINE BROKE AND ALLOWED HOT WATER TO WASH OVER THE AREA OF SPILLED OIL. THE FLOW WASHED THE OIL INTO A DRAIN LEADING TO THE LAKE DISCHARGE.

A SECOND SPILL WAS REPORTED BY A CITIZEN #1511923.

07/18/16 0840 KEHOE CALL FOR UPDATE, LEFT MESSAGE.

07/20/16 1145 KEHOE TELECON WITH REASONS, DUE TO POTENTIAL ISSUES WITH MORE DISCHARGES, US SALT DECIDED TO DISCONTINUE USE OF THE OIL/WATER SEPERATOR AND REPLUMB THE DISCHARGE INTO THE FACILITY’S PROCESS. NFA − CLOSED

INTERNATIONAL SALT I WATKINS GLEN, NY 14891
Spill Number: 8080221 Spill Date 2/22/1980 Close Date: 03/03/1980
Cause of Spill: EQUIPMENT FAILURE
Meets Cleanup Standards: UNKNOWN
Material Spilled: BRINE
Quantity Spilled: 470000 GALLONS
Quantity Recovered: 0 Gallons
Resource Affected: AIR

Caller Remarks:
INTERNATIONAL SALT COMPANY BRINE PUMPS FAILED, SO BRINE WHICH IS NORMALLY DEEP WELL INJECTED, WAS DISCHARGED ONTO SURFACE.

DEC Investigator Remarks:
NO ACTION RECOMMENDED. SPILLER REPAIRED PROBLEM.

SENECA LAKE TRIB. WELL WEST ROUTE 14 WATKINS GLEN, NY 14891
Spill Number: 7580228 Spill Date: 2/17/1975 Close Date: 02/17/1975
Cause of Spill: EQUIPMENT FAILURE
Meets Cleanup Standards: UNKNOWN
Material Spilled: #2 Fuel Oil
Quantity Spilled: 1500 GALLONS
Quantity Recovered: 0 Gallons
Resource Affected: GROUNDWATER

Caller Remarks:
PIPING BENT DUE TO AN ICE BUILD−UP AND DISTORTED THE PIPE (IN WELL #49)LEGAL ACTION PENDING 5311 (B)(5) VIOLATION − EPA.

AKZO SALT ROUTE 14 READING, NY 14876
Spill Number: 9508880 Spill Date: 10/17/1995 Close Date: 05/29/1996
Cause of Spill: UNKNOWN
Meets Cleanup Standards: NO
Material Spilled: #2 FUEL OIL
Quantity Spilled: 0
Resource Affected: SOIL

Caller Remarks:
WHILE NYSEG WAS DEVELOPING A GAS STORAGE THEY ENCOUNTERED CONTAMINATED SOIL THEY REMOVED ABOUT 200 YARDS OF SOIL.

DEC Investigator Remarks:
10/18/95 ALTHOUGH APPROX 200 CU YDS OF CONTAMINATED SOIL HAVE BEEN REMOVED, CONTAMINATION IS STILL EVIDENT.

10/19/95 SR INSPECTED; APPROXIMATELY 200−250 CU YDS OF SOIL EXCAVATED AND STAGED FOR DISPOSAL BY NYS ELECTRIC & GAS. CONTAMINATION CONTINUES ON WEST AND EAST, ZONE OF CONTAMINATION APPEARS TO BE 3−5 FT ZONE WITH NO APPARENT SOURCE. SAMPLES TAKEN FOR ANALYSIS, REPORT TO BE FORWARDED TO SPILLS. AT APPROX 5 FT, SOIL CLEAN PER NYSE&G, CONFIRMATORY SAMPLES TAKEN. AKZO SALT LIKELY RP FOR ADDITIONAL WORK. NYS E&G TO REVIEW LEASE AGREEMENT.

AKZO SALT HAS HIRED EMPIRE SOILS TO PERFORM SOIL BORINGS TO DELINEATE FUEL OIL CONTAMINATION. RESULTS TO BE FORWARDED TO SR.

PHASE II INVESTIGATION REPORT SUBMITTED 02/96. BASED ON RESULTS, NO FURTHER ACTIONS ARE NEEDED.

SENECA LAKE − AKZO SALT Spill SALT POINT ROAD READING, NY 14876
Spill Number: 9609404 Spill Date: 10/09/1996 Close Date: 12/02/1996
Cause of Spill: UNKNOWN
Meets Cleanup Standards: YES
Material Spilled: UNKNOWN PETROLEUM
Quantity Spilled: 0
Resource Affected: SURFACE WATER

Caller Remarks:
ECO Brazaukas received complaint of heavy sheen on Seneca Lake along Salt Point Road shore. Source appeared to be originating at Akzo Salt plant.

DEC Investigator Remarks:
10/10/96 SR MET WITH ECO’S BRAZAUKAS AND BURKE; SHEEN NOTED AT SENECA LAKE EXTENDING FROM AKZO PLANT SOUTH TO CAPT BILLS PIER (APPROX 1.5 MILES). CERTAIN SECTION OF SHORE ARE LIGHTLY COATED WITH APPARENT FUEL OIL; NO RECOVERABLE PRODUCT.

LIKELY SPILL SOURCE AT 275 GAL FUEL OIL AST AT AKZO.

11/15/96 JIM EDWARDS OF AKZO CONTACTED SR ON 10/15/96. SOURCE OF SPILL FOUND MONDAY PM DURING INSPECTION OF SUMP UNDER A GENERATOR LOCATED ACROSS RAILROAD TRACKS ON WEST SIDE OF MAIN BUILDING. SEALS ON STEAM DRIVEN AUXILIARY OIL PUMP LEAKED. OIL DRAINED TO SUMP AND EVENTUALLY DISCHARGED OUT MAIN OUTFALL. LOSS OF APPROXIMATELY 55−75 GALLONS OCCURRED.

US SALT WELL #65 3768 ROUTE 14 NORTH WATKINS GLEN, NY 14891
Spill Number: 1301354 Spill Date: 05/08/2013 Close Date: 06/10/2013
Cause of Spill: EQUIPMENT FAILURE
Meets Cleanup Standards: YES
Material Spilled: DIESEL
Quantity Spilled: 5 GALLONS
QUANTITY RECOVERED: 0 GALLONS
Resource Affected: SOIL

Caller Remarks:
pinhole in hose − cleanup in progress

DEC Investigator Remarks:
05/09/13 1150 KEHOE ON SITE TO MEET WITH MR. MOON. MR. MOON DESCRIBES A MUD LINE PASSING OVER A FUEL LINE AND WEARING A HOLE IN THE FUEL LINE. THE FUEL SPRAYED OUT AND FLOWED UNDER THE DRILL EQUIPMENT AND RAN ABOUT 50 FEET. REQUESTED MR. MOON DIG A COUPLE OF CUTOFF TRENCHES BELOW EQUIPMENT IN THE FLOW PATH TO CATCH FUEL AS IT FLOWED. ALSO ASKED THAT THEY USE A LITTLE WATER TO FLUSH THE FREE PRODUCT TO THE TRENCHES THEN COLLECT FUEL. EQUIPMENT WILL BE MOVED IN A WEEK AND THEN SOIL CAN BE CHECKED AND EXCAVATED IF NEED BE.

05/13/13 1200 KEHOE ON SITE TO CHECK STATUS. MET WITH MOON AND WALKED SITE. CREWS HAD EXCAVATED TRENCHES AND SHEEN WAS VISIBLE. CREW HAD FLUSHED UPPER AREA AND WAS PADDING SURFACE. NO LARGE AMOUNT OF FREE PRODUCT WAS VISIBLE AND NO LONGER STRONG ODOR OF FUEL. CREW IS ALMOST DONE WITH WELL AND WILL CHECK SOIL WHEN EQUIPMENT IS GONE.

05/21/13 1210 KEHOE CHECK OF SITE. EQUIPMENT HAS BEEN REMOVED. STAINING ON ROCKS EVIDENT. MOON WILL HAVE CREW PULL BACK ROCK PAD AND REMOVE IMPACTED SOIL FIRST PART OF NEXT WEEK.

05/28/13 1100 KEHOE ON SITE TO CHECK STATUS. CREW JUST FINISHED REMOVING IMPACTED SOIL. ABOUT 20 TONS OF SOIL REMOVED FOR SHIPMENT TO STEUBEN COUNTY LANDFILL IN BATH. NO SHEEN OR ODORS REMAIN. DUG DOWN ABOUT TWO FEET AT DEEPEST. GAVE OK TO BACKFILL.

06/10/13 EMAIL FROM BARRY MOON WITH SOIL DISPOSAL INFORMATION. 26.58 TONS OF SOIL SENT TO THE BATH LANDFILL.

SENECA LAKE COMPRESSOR 3768 STATE ROUTE 14 WATKINS GLEN, NY
Spill Number: 9707460 Spill Date: 9/24/1997 Close Date: 10/02/1997
Cause of Spill: OTHER
Meets Cleanup Standards: YES
Material Spilled: UNKNOWN PETROLEUM
Quantity Spilled: 20 GALLONS
QUANTITY RECOVERED: 0 GALLONS
Resource Affected: SOIL

Caller Remarks:
WHILE WOKRING ON AN ABANDONED NATURAL GAS PIPE LINE, THERE WERE APPROXIMATELY 20 GALLONS OF A PETROLEUM PIPELINE CONDENSATION INSIDE THE LINE WHICH WAS SPILLED WHILE WORK WAS BEING DONE.

DEC Investigator Remarks:
10/02/97 CLEANUP COMPLETED, TESTING DETERMINED NON−PCB.

AKZO BRINE POND OFF ROUTE 14@NYSEG STORAG READING, NY
Spill Number: 9610217 Spill Date: 11/15/1996 Close Date: 11/15/1996
Cause of Spill: OTHER
Meets Cleanup Standards: NO
Material Spilled: BRINE
Quantity Spilled:
Resource Affected: SURFACE WATER

Caller Remarks:
Brine pond filled by brine wells, pond monitored by Akzo and NYSEG; started to over flow approx 0400 hrs, brine wells shut down. Estimate approx 200 gal brine overflowed ran into small creek which feeds into Seneca Lake − No cleanup possible.

AKZO SALT COMPANY SALT POINT ROAD WATKINS GLEN, NY 14891
Spill Number: 9309549 Spill Date: 11/06/1993 Close Date: 11/06/1993
Cause of Spill: HUMAN ERROR
Meets Cleanup Standards: YES
Material Spilled: MOTOR OIL WASTE OIL/USED OIL
Quantity Spilled: WASTE OIL: 80 GALLONS
Resource Affected: SURFACE WATER

Caller Remarks:
A GENERATOR BEING RENTED BY AKZO SALT WAS BEING REPAIRED BY AUBURN ARMATURE. VALVE WAS LEFT OPEN & CRANK CASE OIL WAS LOST FROM THE UNIT. OIL FLOWED TO STREAM WHICH FLOWS TO SENECA LAKE (1000 FT TO LAKE).

DEC Investigator Remarks:
11/06/93: SAWDUST WAS PUT DOWN TO SOAK UP OIL. ABSORBENTS ALSO USED IN STREAM. BOOMS PUT ACROSS STREAM. SOME OIL DID REACH THE LAKE, CREATING AN OIL SLICK ON THE WATER SURFACE. NO CLEANUP POSSIBLE ON THE LAKE DUE TO WAVES BREAKING UP THE SHEEN. AKZO TO MONITOR AND MAINTAIN THE BOOMS. SAWDUST AND ABSORBENTS TO BE PICKED UP.

AKZO SALT BRINE POND ROUTE 14 @ SENECA LAKE READING, NY 14891
Spill Number: 9702666 Spill Date: 6/02/1997 Close Date: 10/03/1997
Cause of Spill: OTHER
Meets Cleanup Standards: NO
Material Spilled: BRINE
Quantity Spilled: 0
Resource Affected: SOIL

Caller Remarks:
BRINE POND HAS DEVELOPED LEAK − APPROX 1−1/2 GALLONS PER HR. CUT OFF TRENCH HAS BEEN DUG TO CAPTURE DISCHARGE. CARGILL TO PERFORM TESTING TO CONFIRM LEAK RATE, IDENTIFY LOCATION.

DEC Investigator Remarks:
09/16/97 PER JIM EDWARDS OF CARGILL, MINOR LEAK FOUND IN SEAM, HAS BEEN REPAIRED, WILL CONTINUE TO MONITOR. NO FURTHER ACTION NEEDED.

US SALT 3580 COUNTY ROAD 30 WATKINS GLEN, NY 14891
Spill Number: 1505025 Spill Date: 8/08/2015 Close Date: 08/11/2015
Cause of Spill: EQUIPMENT FAILURE
Meets Cleanup Standards: NO
Material Spilled: OTHER
Quantity Spilled: 2400 GALLONS
Resource Affected: SOIL

Caller Remarks:
lost to bank, on slow moving waterway− unk name. No recovery possible

DEC Investigator Remarks:
08/10/15: CH TELECON WITH TODD REASONS OF US SALT. SOMETIME LATE FRIDAY NIGHT OR EARLY SATURDAY MORNING ON 8/8/15, A PUMP THAT PUMPS BRINE WATER INTO STORAGE FAILED. THIS CAUSED AN OVERFLOW OF A BRINE WATER TANK. THE TANK HAS SECONDARY CONTAINMENT WHICH OVERFLOWS TO A COOKED BRINE TANK. THE COOKED BRINE TANK OVERFLOWED AND SOME OF THE BRINE WATER WENT DOWN AN EMBANKMENT AND INTO A POROUS CREEK BED WHERE IT APPEARED THE BRINE WATER SOAKED INTO THE BED. US SALT DID NOT THINK ANY OF THE BRINE WATER REACHED SENECA LAKE. REASONS ESTIMATED THE TOTAL OVERFLOW TO BE APPROX 4800 GALLONS OF WHICH HALF WENT BACK INTO THE PROCESS INSIDE THE PLANT AND THE OTHER HALF TO THE GORGE AND STREAM BED. WHEN DISCOVERED EARLY SATURDAY MORNING, US SALT BEGAN MAKING REPAIRS AND CALLED IN TRUCKS TO TRANSPORT BRINE WATER FROM THE OVER FLOWING TANK BACK INTO THE PLANT. BEING A WEEKEND IT TOOK SOME TIME FOR THEM TO GET THE TRUCKS ON SITE. BECAUSE THERE WERE ELECTRIC FAILURES AS WELL AS THE PUMP FAILURE, REPAIRS ALSO TOOK SOME TIME. DUE TO THE STEEP EMBANKMENT AND THE FACT THE BRINE WATER SOAKED INTO THE CREEK BED, NO OFF SITE RECOVERY WAS POSSIBLE. CH EMAILS NANCY RICE OF WATER AND LINDA COLLART OF MINERALS A COPY OF SPILL SHEET WITH BRIEF DESCRIPTION OF THE INCIDENT. WATER AND MINERALS TO DO ALL FOLLOW UP. NO FURTHER ACTION NECESSARY AT THIS TIME BY SPILLS.

US SALT CORPORATION 3580 SALT PLANT ROAD WATKINS GLEN, NY 14891
Spill Number: 1204539 Spill Date: 8/6/2012 Close Date: 09/06/2012
Cause of Spill: EQUIPMENT FAILURE
Meets Cleanup Standards: NO
Material Spilled: OTHER
Quantity Spilled: 15000 GALLONS
Quantity Recovered: 0 Gallons
Resource Affected: SURFACE WATER

Caller Remarks:
CALLER REPORTED THAT US SALT LOST POWER OVERNIGHT, AND AT APPROXIMATELY 05:00 HRS THIS MORNING SHUT OFF VALVE ON BRINE LINE (COMING FROM NORTH BRINE FIELD) IN PROXIMITY OF FACILITY TO PREVENT OVERFLOWS TO PRODUCTION TANKS, ETC.. VALVE CLOSURE RESULTED IN INCREASED PRESSURE ON THE APPROX. 1.5 MILE LONG PIPELINE, AND CAUSED A FAILURE AT PIPE JOINT, RESULTING IN DISCHARGE OF SATURATED BRINE SOLUTION. INITIAL ESTIMATE OF 15,000 GALLONS OF BRINE RELEASED, DISCHARGED TO CREEK WHICH THEN FEEDS INTO SENECA LAKE.

DEC Investigator Remarks:
SPILL REFERRED TO MINERALS PROGRAM FOR FOLLOW−UP, NFA REQUIRED OF SPILLS − CLOSED.

US SALT CORPORATION 3580 SALT POINT ROAD WATKINS GLEN, NY 14891 WELL #51
Spill Number: 1204437 Spill Date: 7/14/2012 Close Date: 09/06/2012
Cause of Spill: EQUIPMENT FAILURE
Meets Cleanup Standards: YES
Material Spilled: SALT WATER BRINE
Quantity Spilled: 1754
Quantity Recovered: 0 Gallons
Resource Affected: SOIL

Caller Remarks:
MINERALS PROGRAM RECEIVED REPORT VIA E−MAIL OF BRINE RELEASE THAT MAY HAVE OCCURRED JULY 21 − 22. US SALT HAS INVESTIGATED AND DETERMINED RELEASE FROM PINHOLE LEAK IN WELD ON PIPELINE THAT TRANSPORTS WEAK BRINE SOLUTION FROM SALT PLANT TO WELL 50. SPRAY FROM RELEASE HAS KILLED SOME VEGETATION, BUT THERE DOES NOT APPEAR TO BE SIGNIFICANT ACCUMULATION ON GROUND, NO APPARENT IMPACTS TO WATERS. AN INCIDENT REPORT HAS BEEN REQUESTED.

DEC Investigator Remarks:
08/03/2012: SR CONTACTED BOB TRAVER OF US SALT: RELEASE WAS IN FORM OF SPRAY/MIST, WAS FIRST REPORTED ON JULY 14 BY BOATER ON SENECA LAKE, BUT FACILITY REP’S COULD NOT LOCATE BASED ON THE REPORT. ON JULY 16 SPILL WAS FOUND, AND REPAIRS MADE. 1/16 INCH DIA. HOLE HAD DEVELOPED IN WELD OF PIPE. US SALT CALCULATED RELEASE, BASED ON LINE PRESSURE, AT .68 GAL/MIN., WHICH BASED ON 43 HR. DURATION BETWEEN INITIAL REPORT AND REPAIR, TOTALS 1754 GALLONS. LIQUID RELEASED WAS 30% BRINE SOLUTION, AND WAS FROM RETURN LINE FROM US SALT FACILITY TO WELL # 51 (NOT 50). INCIDENT REPORT BEING PREPARED FOR SUBMITTAL TO DEC MINERALS.

08/03/2012: MINERALS REPRESENTATIVE (COLLART) TO INSPECT RELEASE AREA THIS AFTERNOON. SPILL REFERRED TO MINERALS PROGRAM FOR FOLLOW−UP, NFA REQUIRED OF SPILLS − CLOSED.

US SALT CORPORATION 3580 SALT POINT ROAD WATKINS GLEN, NY 14891 WELL #50
Spill Number: 0903134 Spill Date: 6/14/2009 Close Date: 09/16/2009
Cause of Spill: OTHER
Meets Cleanup Standards: YES
Material Spilled: BRINE
Quantity Spilled: 2000 GALLONS
Quantity Recovered: 2000 Gallons
Resource Affected: SOIL, SURFACE WATER

Caller Remarks:
CALLER REPORTS A RELEASE OF 1500−2000 GALLONS OF SALT BRINE FROM PRODUCTION. WELL LEAK HAS STOPPED. INCIDENT REPORT COMING. MINERALS PROGRAM INVESTIGATING.

DEC Investigator Remarks:
06/17/09 KEHOE CALL TO BOB TRAVERS, LEAK OCCURRED FROM WELL WHILE WORK WAS BEING DONE ON IT. BRINE WENT ALMOST DIRECTLY INTO A STREAM THAT GOES TO SENECA LAKE. INVESTIGATION CONDUCTED BY MINERALS, NO FURTHER ACTION REQUIRED BY SPILLS. NFA − CLOSED

NYSDEC Name: US SALT CORP Facility Id: NYD002246361
NYSDEC Address: SALT POINT RD WATKINS GLEN, NY 14891

EPA (RCRA) Name: US SALT CORP
EPA (RCRA) Address: SALT POINT RD & RTE 14 N OF WATKINS GLEN, NY 14891

US EPA RCRA Type: CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR Notification date: 11/27/1998

Historically listed as the following USEPA RCRA Generator Size(s) as well:
LARGE QUANTITY GENERATOR
SMALL QUANTITY GENERATOR

US EPA RCRA Violations:
Violation Type: Generators − General Responsible Agency: STATE
Violation Number: 0001 Location: NY Violation Determination Date: 12/16/2003
Former Citation: SR − 372.2(a)(8)(i)/(iii) Violation Return to Compliance: 02/06/2004

Violation Type: Generators − General Responsible Agency: STATE
Violation Number: 0002 Location: NY Violation Determination Date: 12/16/2003
Former Citation: SR − 373−3.2(d)(4)(i) Violation Return to Compliance: 02/06/2004

INTERNATIONAL SALT CO. SENECA LAKE READING, NY
Spill Number: 7390211 Spill Date: 2/11/1974 Close Date: 04/16/1974
Cause of Spill: UNKNOWN
Meets Cleanup Standards: UNKNOWN
Material Spilled: WASTE OIL/USED OIL
Quantity Spilled: 250 GALLONS
Quantity Recovered: 0 Gallons
Resource Affected: SEWER

Caller Remarks:
STORM SEWER DISCHARGE ALLOWED KEROSENE AND HEAVY MEDIUM OIL AT DISCHARGE PT. OF STORM SEWER TO SENECA LK. CONTAINMENT BOOTH. NYSDEC STRAW AMD ABSPORBENT. NO CLEANUP POSSIBLE.

DEC Investigator Remarks:
FINED $500 WITH STIPULATION B1154.

INTERNATIONAL SALT READING, NY 14876
Spill Number: 7380221 Spill Date: 2/19/1974 Close Date: 02/20/1974
Cause of Spill: OTHER
Meets Cleanup Standards: UNKNOWN
Material Spilled: WASTE OIL/USED OIL
Quantity Spilled: 300 GALLONS
Quantity Recovered: 0 Gallons
Resource Affected: SURFACE WATER

Caller Remarks:
WASTE OIL SPILL FROM GARAGE. BOOM DEPLOYED AFTER ACTUAL SPILL. TOO LATE TO CLEAN UP. SLICKS IN SENECA LAKE AND POOLS IN SMALL STREAM.

DEC Investigator Remarks:
LEGAL ACTION PENDING FOR FAILURE TO NOTIFY DEC.

BOOM PLACED ACROSS TRIBUTORY TO SENECA LAKE AFTER ACTUAL SPILL.

PERSONNEL ON SCENE: NY STATE POLICY−HORSEHEADS; C O BRUCE BELL. ALSO, SCHUYLER COUNTY WATERSHED INSPECTOR NOTIFIED.

SMALL STREAM N OF PLANT AND SENECA LAKE.

HOYS POINT PUMPING STATIO (stet) SALT POINT ROAD READING, NY
Spill Number: 9712819 Spill Date: 2/14/1998 Close Date: 06/12/1998
SALT POINT ROAD READING, NY

Cause of Spill: EQUIPMENT FAILURE
Meets Cleanup Standards: NO
Material Spilled: BRINE
Quantity Spilled: 60 GALLONS
Quantity Recovered: 0 Gallons
Resource Affected: SURFACE WATER

Caller Remarks:
GRAVITY FED BRINE LINE, CARRYING 50% SOLUTION, CAME APART AT THE FITTING IN CLOSE PROXIMITY TO PUMPING STATION. LOSS OF APPROXIMATELY 30,000 GALLONS OF SOLUTION SATURDAY EVENING. REPAIRS WERE MADE, BUT PIPING SEPARATED AGAIN MONDAY EVENING, CAUSING AN ADDITIONAL LOSS OF 30,000 GALLONS OF BRINE. THE SPILLED MATERIAL FLOWED INTO A DEPRESSION ALONG THE LAKE SHORE, SEEPED DOWN (NO DIRECT FLOW INTO THE LAKE) AND LIKELY LEACHED INTO THE LAKE. SLUDGE IN DEPRESSION TO BE VACUUMED OUT TODAY.

DEC Investigator Remarks:
02/18 AAPEX ENVIRONMENTAL SERVICES VACCED UP REMAINDER OF SPILL MATERIAL. POLY LINE CONNECTION TO BE HEAT FUSED WHEN WARM WEATHER PERMITS. NO FURTHER ACTION.