25 for 25: New Hampshire’s Underground Storage Tank Program – An Unseen Success Story

By Thomas S. Burack, DES Commissioner

In recognition of the 25th Anniversary of the New Hampshire Department of Environmental Services, over the course of the year, I will highlight 25 agency activities, programs, projects and accomplishments of the past 25 years. This article, the second in the series, relates to the DES Underground Storage Tank Program.

Twenty-five years ago, when the Department of Environmental Services (DES) was first formed, we couldn’t see them, but there were over 12,000 underground storage tanks (USTs) in the ground in New Hampshire. Virtually all of them were bare steel, single-walled tanks, with no corrosion protection. Some of them had been in the ground since the 1950s, or even earlier. Not surprisingly, many of them were not in very good shape – they had rusted over time and regularly leaked their contents of gasoline, diesel, or fuel oil. Those leaks were contaminating our soil, our groundwater, our rivers, lakes, and streams, and in many cases, our drinking water supplies. Cleanups, where possible, were protracted and expensive. If you were the unlucky owner of one of these facilities, you faced an uncertain future. For many small business owners, the costs of proper tank closure and replacement combined with the high cost of soil and groundwater cleanup amounted to a threat of financial ruin. This resulted in a drain on the state’s economy, and the abandonment and underutilization of previously valuable properties.

With these conditions reaching a critical stage, definitive action was required. New Hampshire’s successful approach was to address both the environmental and the economic problems directly. On the environmental front, state rules, bolstered by emerging federal requirements, emphasized release prevention and closure or upgrade of substandard tank systems. On the economic front, the NH Legislature established the Oil Discharge and Disposal Cleanup Fund (ODDCF), which was funded by a small import fee on motor fuels and provided vital funding to address releases and ensure that contaminated sites would not be abandoned.

In 1985, New Hampshire adopted its first UST regulations, which established a tank replacement schedule for older tanks and required secondary containment for new tank installations. In 1988, federal UST regulations further required that unprotected tanks either be upgraded with cathodic protection (a form of corrosion protection) or closed by 1998, and that new tank systems be either double-walled or that the owner provide financial assurance in the amount of $1 million per release for cleanup and third-party damages. DES worked aggressively to encourage early tank closures. As part of its “Don’t wait until ‘98” campaign, DES urged tank owners to accelerate removal of these risky tanks. This campaign was tremendously successful. Of the 12,000 known, unprotected steel tanks, only about 1% of them remained out of compliance by 1999. And by 2001, all of those tanks had been removed.

In 1990, recognizing that even compliant tank systems posed a risk of release, New Hampshire required that tank owners both maintain the federally-mandated financial responsibility for releases, and provide secondary containment for new tanks. But rather than imposing an unbearable burden on tank owners, this requirement was met by the ODDCF, which became operable that same year, serving as a secondary insurer for tanks that were in compliance. This combination of requiring first-rate tank installations and reliable funding for cleanups has put New Hampshire in the forefront nationally in addressing the UST problem. This approach protects small businesses from financial ruin while at the same time providing superior environmental protection.

In 1997, New Hampshire moved an important step further by setting a 2015 deadline to require permanent closure of all USTs that do not have secondary containment and leak monitoring; and requiring all new piping to be double-walled. We have a total of about 500 tank systems that need upgrading by 2015 under this requirement and we are optimistic that all systems will achieve compliance by that date. So, now in just a few years, ALL tank systems (the tank and associated piping) will be double walled and have leak monitoring. This is a monumental improvement over the conditions that existed in 1987, when unprotected bare steel, single-walled tanks were the norm.

So where were we, and where are we now? Remember, 12,000 unprotected bare steel tanks in 1987. Now, in 2012, we have no known unprotected tanks, and are less than three years away from all New Hampshire tank systems meeting state-of-the-art standards. And perhaps the most telling statistic: In 1993, our worst year ever, there were 245 reported releases from USTs. Last year, there were just 11. And those few releases were associated with tank closures, not operational failures of compliant tanks.

While it remains unseen, New Hampshire’s UST program is a 25-year story of success in providing vital protection of our precious water resources and our state’s economic health.

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Ten Years Later as the First Plane Hits

This week Joe Paradis asked”What will you be doing?” we offer his Tuesday column again and ask, what will you be doing and what have you done?  For we know that on that day, many did all.  From the first responders in Washington and New York, to the brave patriots on flight 93.

Thank you to the 2.9 million young men and women that have volunteered over ten years to fight the war against terror.  Also thanks to the federal government workers involved in the defense of our nation, for your efforts have kept America moving forward.

To the staff of both presidents in these ten years, thank you for understanding that the top priority must be the defense of our nation.  Thank you to president Bush and Obama for knowing that an attack on our land must be avoided and defended at all costs.

Much has been done in ten years, what has not been done is a successful terrorist attack on our nation by the enemy.  Thank you all and thank God for that.

As we turn our eyes to the next post 9/11 decade, we pray for peace, protection and prosperity of our community, state and nation.

Steve, Kathy, all our staff and volunteers send blessings to you all.

 

I heard it vaguely on the radio in the background, as I got ready for work. I thought the newsman said that an airplane had crashed into one of the World Trade Center towers. I assumed it was a small airplane that probably had a mechanical malfunction and went wayward, slamming into the building. It had happened before. I remember saying a quick prayer for the two or three people who, I’m sure, lost their lives that beautiful sunny morning in downtown Manhattan. And I headed out the door, sadly without much more than that brief prayer on my mind.

Half an hour later, while at work, I heard that another plane had slammed into the World Trade Center – this one into the second tower. I thought that, well…odd. We switched on the news and I listened a lot more carefully to this newsman. Details were sketchy, but he related how two commercial aircraft had apparently been hijacked out of Boston and Newark, left their normal flight patterns to California, and entered New York City airspace where they slammed into the towers. I just stood there, thinking “what the hell is this?” The towers were ablaze and incredibly, the network showed people leaping from windows 80 stories up and firemen rushing into the two skyscrapers as hundreds of employees began oozing out of the lobbies and emergency exits.

At work, we began to speculate whether John, our office manager and a Navy veteran, might have to go back into the service. He said no way and we grinned. But each of us harbored thoughts about what this all meant. Who would intentionally fly a commercial airliner into a major skyscraper? Who hated those people that much?

An hour later, we got the news that another airplane had slammed into the Pentagon, near Washington DC. I remember thinking ‘this doesn’t happen in America – it’s an act of war.’ Someone would pay dearly for this, I was certain. The word “terrorism” became a staple in America’s vocabulary that day. Osama bin Laden became a household name.

Not long after that we heard of another airliner that crashed in a grassy field in Somerset County, Pennsylvania. It took a while to get information on this one, but it seemed that a group of men had tried to hijack that plane as well. But through the grace of God and the courage of some brave passengers who rushed the hijackers and ruined their plans, that plane didn’t hit another building. It crashed with a horrific booming sound into that open field. We later learned that some of the passengers had called their families during that flight and told them they were being hijacked and were going to confront their assailants. There were final farewells, kisses and words of “I love you” to spouses kids and families – just minutes before these brave souls met their own deaths. No one really knows, but the general consensus is that that airliner was headed for the White House or the Capitol building.

President Bush received word of these catastrophic events as he was reading a book out loud to a group of elementary school children in Florida. The cameras caught his reaction. He nodded, swallowed hard, and probably with more determination than he had ever display till that day, continued reading that book. He later said he did not want to panic those children, by rushing out – and he actually had no idea of the extent of the tragedies. So he continued reading, then calmly thanked the class and walked out. The Secret Service whisked him off to Air Force One, which remained in the air for many hours. The military believed we were under attack and the Secret Service was not about to let the President return to the White House – or anywhere else other than Air Force One, which suddenly became the seat of government, as is the design when there is am eminent threat to the government.

All this news came fast. No one had any interest in work. We sat stunned, watching the office television as new information came in continuously. We eventually went home to continue watching the horror. The Pentagon was in flames, a large aircraft protruding from its west wall. The twin towers in New York City suddenly began to fall, story by story, like a deck of cards. Huge clouds of debris rose from the site and we watched them hurl down the streets between other buildings, coating those who were trying to flee. A third, smaller tower fell a little bit later. Strangely, I thought what a marvel of engineering those buildings were – they collapsed on top of themselves, rather than tipping over. Who knows how many countless others were saved from certain death because of that? It was little consolation.

Television thankfully, couldn’t bring the real horror into our homes – the screams of people burning to death as they frantically tried to exit those buildings. The sight of workers simply vaporized at their desks when those planes slammed into their offices. The sheer terror of the passenger on those airliners as they sat helplessly while airline crews were butchered in front of them or fellow passengers fought with assailants – just before they all hurdled to their deaths.

It was a surreal day – my kids’ equivalent of the JFK assassination in 1963. Everyone from my generation can recall exactly where they were and what they were doing when we heard that news. It will be no less with this generation.

Feeling quite helpless, we didn’t really know what to do that day. We took our flag from the basement and taped it to our mailbox. Someone stole it an hour later. You couldn’t buy an American flag for months afterwards. We gathered the kids and went to Church, where fellow parishioners were also streaming in. Father Bob held an impromptu memorial service. We still didn’t know everything that had happened, but we knew we all needed God that night.

Here we are ten years later. Tens of thousands of our military members have served in the Middle East since then, avenging this horrendous deed unleashed upon three thousand innocent civilians. Too many of them have also died bravely for that cause. I personally know of ten – yes, TEN – young men who will never return to their homes in New Hampshire. One was posthumously awarded the Navy Cross – but all of them are truly heroes…not many of us volunteer these days to get shot at.

My own son serves right now in Afghanistan, carrying on the fight against these terrorists who want to see America in ruins and all of us dead. These terrorists twist the tenets of their religion to justify this war against Western ideals. They haven’t lessened their hatred of us, even as America grows wary of war and many seem to forget why we send our family members over to the Middle East to begin with. Ask any Israeli about that phenomenon.

We have a new American flag on our mailbox these days, along with a Marine Corps flag in honor of our son. They’ve proudly flown, side by side, for years now, flapping in the wind with every passing car. Last week, someone stole the Marine Corps flag. Thankfully they left the yellow ribbon… Don’t get me started about the integrity of the Corps and how someone could live with the thought of stealing that flag, especially given the reason it was there…

What’s with America these days?

It will be interesting to see how we remember 9-11 next week. Will America honor the 10th “anniversary” of that fatal day as it now does Pearl Harbor – as some vague “holiday” whose date most can’t even recall? Or will we turn inward, pray to God, and firmly resolve that something like 9-11 can never happen to us again? I’m not convinced…

Nonetheless, I will be at the airport next Sunday, September 11, 2011 at 8:46 a.m., as TSA employees around the nation briefly cease their operations and pause for a moment of silence and prayer to honor America’s latest darkest hour. Something they’ve done every year since 2001.

May God help America to continue to help itself. We must never forget…

What will you be doing?

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The Importance of Lives

Earlier this year, my first grader came home from school telling me about the moment of silence her and her classmates had. When asked why, she explained that a woman was making a big speech and a man, who was messed up in the head and didn’t like what she was saying, took out a gun and started shooting people. Some people died and a lot were hurt, even the woman making the speech. I didn’t know how to respond.

First off, why is an elementary school telling my six-year-old the details of this incident? I’m not totally comfortable with that. She has never been faced with a death, be it pet, family member, etc., and probably doesn’t grasp the entire concept of it. I’m still not sure how I feel knowing the school was teaching my daughter about death.

Secondly, if the school is going to teach her about it, why stop there? This is, by no means, meant to sound insensitive to the people who have to live with anyone’s death. But why is it okay to portray to our children, the future of our country, that the lives of these people are more important than the lives that surround us more locally?

What makes the lives of the men and women who died or were injured in this horrible tragedy more notable than the life of Carol Camden, the Londonderry High School French Teacher, beloved by many, who recently passed away? What about the life of the young soldier, 20-year-old Lance Cpl. Michael E. Geary, who recently came home in a casket from fighting on behalf of our country?

Four young men died in a car accident on Route 293; two of them Londonderry High School Graduates and one having attended Londonderry schools. Becca Tenney, a Junior at Londonderry High School, succumbed to meningitis earlier this school year. Did the schools in Londonderry take a moment to remember those people?

Yes, in the grand scheme of things, the deaths and injuries in the Arizona shooting affected a larger amount of people both directly and indirectly. But if that’s your argument, what about the earthquake that hit New Zealand on February 22? Recent reports are indicating 160 people have been found dead, with many more still missing. Has that not affected a great number of people? What about the earthquakes in Japan?  Have the schools taken a moment for the loss of those lives?

I’m not saying we shouldn’t take a moment for the fallen, they all deserve remembrance. What I want to know is, who dictates which lives we remember? Why do we bow our heads and think about the lives lost in Arizona, but not our own hometown? After all, the deaths of these locals affect Londonderrians more than the deaths of the New Zealanders, more than the deaths of the people in Arizona.

Jacklynn is a Londonderry resident, mother and graduate of Londonderry High School.  She also was moved to contribute her opinion on this issue.  She has crafted many stories on our micro market Londonderry News Service and has helped hundreds to communicate their message on events and issues they care about in Londonderry and the region.

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Have a Merry Christmas

On this special day we would like to wish a very Merry Christmas to all of our readers and their families.

From the Staff of editors, authors and contributors!

Featuring

  • Steve Young as Santa
  • Kathy Wagner as Herbie
  • Jacklynn Weeks as Rodolph
  • John Robinson as the Abominable
  • Joe Paradis as Charlie
  • Jim Loisell as Yukon
  • EJ Lee as the Green Elf
  • Cassie  Viau as Clarisse
  • Kieth Tharp as Coach Donner
  • Chef Patti Anastasia as the squirt gun
  • Don Moskowitz as the snowman
  • Fat Phantom as the pink elephant
  • Cory Nader as the train
  • Brandon Cardwell as the plane
  • Cindi Caron as Sue
  • Heather Rojo as the blue elf
  • Lorraine Cookson as the cowboy
  • Our Ghost Editor as Moonraker

Happy New Year!

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Beware the Woodmont-ster

Hold on to your purse strings serfs of the fair Kingdom.  The C.A.V.E dwellers and denizens of the underground have taken up a new cause..  You may not have realized it but there is trouble a brewing in the forest.  According to the recent neurotic update from the snobs of the underground there is a devil in town.  A devil in town that none can save us from, nay but one.

An evil dragon has taken control of a small corner of the Kingdom.  A corner of the Kingdom abandoned by others with greed in their hearts and cold hard cash in their pockets.   From the denizens of the underworld the cry comes forth.

Beware the Woodmont-ster  !!!

The Woodmont-ster and his community will destroy life as we know it.  Their families, you know, “those people” will move into town.  The Woodmont-ster will bring business that pays taxes and other community resources.  The Woodmont-ster is doing this all within the laws of the realm and with input from the serfs of the Kingdom.  And what’s worst of all, the fiend,  he wants to do it for a profit that evil villain.  The Woodmont-ster may even build parks !!

Beware the Woodmont-ster  !!   Who can save us from this dastardly evil.  From the underground the cry comes forth, “Bring back the King !!”

Serfs of the fair Kingdom you remember the King.  Not satisfied with wearing out his welcome and spending all our money the first time.  He wants to press his luck again for another chance on taxing and spending us back to the stone age.

The King was the one who brought us an ethics law to punish his enemies then failed to enforce it on the owners of the forest who sold out to the Woodmont-ster.

The King who brought us the one-size fits all garbage bin that was supposed to reduce our taxes.

The King who brought us a secret plan to increase our taxes.

The King who approved the laws that brought the Woodmont-ster to town, and now wants to change the laws back.

The King now with dollar signs and other pompous monuments to his ego in his eyes, has only one thought in mind.  But he wont share his secret plans on how to spend the new tax dollars about to roll in.

Beware the Woodmont-ster Londonderry ?

Hardly.

Beware the King and his secret plans; and most of all, hide your purses.

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Londonderry Cannot Afford SB 381

Tom Freda, candidate for Londonderry Town ModeratorIf a new state law, SB 381, is adopted by the Town Council, the Londonderry Conservation Commission will have the power to spend taxpayer funds on conservation purchases without approval of the Town Council.

The new law has been under discussion at the Commission since October 14, 2008.  At that meeting, Commission member Mike Speltz urged passage of SB 381 citing “the improved opportunities the bill provides for greater and more efficient conservation of natural resources”, but noted “if such an article were to pass in Londonderry, there may well be objection to the idea that Town funds could be expended by residents who are not elected”.  At subsequent meetings, the Commission stated it wanted to change the wording of the Londonderry version of SB 381 to continue to allow the Town Council to retain final approval of conservation purchases.  However, at the July 14, 2009 meeting, the Commission reported the Town Attorney’s has concluded no changes can be made to SB 381 and that if the Town Council passes the law, the Conservation Commission will have sole final approval over conservation fund expenditures.  Whether the Commission can create a legally binding agreement with the Town Council to give them final approval over fund expenditures, as proposed by Speltz at the same July 14 meeting is unclear.

As the Town’s budget process begins it’s time that the full implications of SB 381’s provisions be reviewed.

If past behavior is the best predictor of future conduct, recent spending by the Commission could prove troubling for Londonderry if SB 381 is past.  Last February the Commission unanimously voted to purchase an easement over the Estey Saw Mill for $1,028,600 based upon an appraisal completed two years earlier in January 2007.  The Commission made a formal offer to the sellers in early 2008, based upon the 2007 appraisal.  Until the vote in February, 2009, the offer was not legally binding.  When questions concerning the price arose after the vote, (due to falling real estate prices) the Commission’s original response was that it believed it had a “moral obligation” to go forward with the sale.  Subsequent to the vote, the Commission attempted to justify the 2007 price by asserting that land of the type it was purchasing from Estey, hardly declined at all during this period, based upon information acquired by member Mike Speltz.  Yet by the time of the April Town Council hearing approving the purchase, Speltz did not produce any evidence that real estate prices had not declined and subsequently admitted that the value of the land may have declined by as much as 30%.  Still, despite this admission, Speltz urged the Town Council not to seek a reappraisal of the property, having earlier at a March Commission meeting noted if another appraisal were required, Harold Estey would back out of the deal.

The recent Commission’s proposal to buy an easement from Andy Mack on his Pillsbury Road parcel for an appraised value of $900,000, also raises questions.  Unlike the Estey purchase, the Commission utilized a recent appraisal to determine the value.  However, in order to close the deal, the Commission gave Mack the right to withdraw two lots of land for his own personal use, without any commensurate reduction in the purchase price.  At the appraised values of $58,000 for each lot, this effectively means the town is paying $900,000 for an easement that is worth less than $800,000.

Strangely, while not seeking to take any advantage of the downturn in the real estate market to obtain a decrease in purchase prices for these two parcels, this past summer, Mike Speltz urged the CIP Committee to endorse $6,000,000 in continued funding of open space, citing of all things a “leveling off of real estate prices”.

Given this history, if SB 381 is enacted and gives final authority to spend conservation funds to the Commission, can there be any doubt that these past practices will continue.  If passed, Londonderry taxpayers will no longer have any meaningful voice on such unrestrained spending.  This unelected Commission which has demonstrated that its first priority is to maintain good relations with sellers at whatever costs to the taxpayer should not be given the authority to spend taxpayer funds without review.

With the Town’s budget process soon to begin both the Town Council and/or the voters may decide it’s necessary to reduce spending in this difficult fiscal climate.  If we are to avoid a repeat of last year’s events, where in March, the Town engages in cost cutting only to see in April the Conservation Commission’s fiscally irresponsible behavior erase those savings, then now is not the time to give this Commission unlimited authority to spend taxpayer funds without review by elected officials.  The Town Council should decline to pass SB 381.  It is “morally obligated” to the taxpayers to do no less.

Other Stories on this topic.

Does Unelected Conservation Commission Overspend Taxpayer funds?

Town Council to take up order to Preserve 74 Acres on 102

Estey Sawmill may be conserved

Andy Mack Sr. Open Space, In His Own Words

Town Council will Vote to Preserve 24 acres

Tom is a contributor to Londonderry Online news.  When you comment on this story, in addition to your comment being displayed Tom will receive an email.

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