By Doug La Rocque
When the issue of PFOAs first surfaced, the Berlin Town Board breathed a sigh of relief when test results showed the village water levels to be less than 10 parts per trillion (ppt), far below the levels set by the Environmental Protection Agency (EPA) as dangerous. That relief has now turned to concern, with the discovery of PFOA laden leachate at the dump they once shared with the Town of Petersburgh.[private] The leachate has been flowing into a small stream that in turn flows into the Little Hoosick River. At its workshop meeting, the Board decided to go ahead with the idea of retaining the law firm of Young/Sommer LLC, an Albany-based firm that is noted around the State for their work on environmental issues. No money has been put forth by the Town yet, but the Board did agree to the fee schedule, which Supervisor Rob Jaeger described as reasonable.
Looking for Old Insurance Policies
One of the first things Kevin Young advised the board to do was to search for evidence of liability insurance policies the Town had on their share of the dump. The environment attorney said that while policies may cap liabilities at levels deemed reasonable in the 1960s, they still carry an unlimited defense clause which includes chemical agents. Young also warned about the possible inclusion of the dump into the Superfund designation recently made by the EPA for Petersburgh naming Taconic as the responsible party. He indicates laws changed as early as 1971, which allows those targeted by the EPA for cleanup and remedial costs to in turn sue the owners, operators and even those who transported material to the dump.
A company known as Energy Answers was hired to close and cap the dump, but they were also allowed to bring in material from anywhere they could, to build up a sum of money to help with the closing costs. Young said that while there were requirements for these closings including stringent follow up and measuring guidelines, in many rural areas there was not much due diligence paid to these rules. He indicated this appears to have been the case for the Petersburgh facility. Jaeger and Councilman Steve Riccardi recently met informally with the State Departments of Environmental Protection and Health but no clear cut answers came out of the meeting.
Bears Are Becoming A Problem
The sight of a bear in the eastern portions of Rensselaer County is not usually newsworthy, but this year the bears are coming out of the woods in larger numbers than has been seen in some time. Berlin Planning Board member Chris Lecce awoke to find a bear feeding from one of his garbage cans, as have many other residents of area towns. Supervisor Jaeger said he saw a sow with two cubs and even heard reports of a bear sitting on a picnic table at Stewart’s one early morning.
Councilman Dean Maxon said some area teens chased a bear down his driveway, something he put an end to, warning the teens about the bear turning on them. The DEC tells The Eastwick Press the drought this summer is probably to blame. The dry conditions have hampered the berry crop and other natural sources of food, so the bears are on the move, seeking other forms of nourishment. DEC advised residents to move garbage containers inside where possible, and advises using lights and loud noises to scare them off. They do not plan to trap any bears for relocation at this time, as long as they remain simply a nuisance and not a safety concern. [/private]