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| Spill caused by lightning begins a nightmare for Hoosier farmer |
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Dear Editor,
On May 31, 2009, lightning stuck one of our 1,100-gallon bulk tanks filled with 1,000 gallons (400 gallons of 9-18-9 and 600 gallons of 0-0-30). We discovered this on Sunday after going to church.
I called the local fire chief at his home. I got no response – told to let it go and to call the Emergency Management Agency out of Ripley County, I called and got a recorded message.
Then I called the Ripley County Sheriff’s office, and it was his day off. I drove to the Sheriff’s home, and he immediately called the Emergency Management person – who chose not to respond.
I proceeded to call the Indiana Department of Environmental Management (IDEM) and talked to a person who recommended that we put up sod dams in the sodded waterway and remove one foot of topsoil at the immediate site.
There was no water or liquid flowing. We put up two sod dams in the dry sodded waterway and hauled approximately 100 tons of topsoil onto the cornfield.
On Monday, June 1, 2009, two Department of Natural Resource conservation officers and two different IDEM fieldmen came. There was no running water. These officials had been to the Sunman sewer treatment plant before they showed up at our spill site. The Sunman sewer plant is approximately one mile from the spill site.
The conservation officer stated there would be an $8-$10 million fine for a fish kill of 300 fish. The intimidation, threats and harassment were unreal.
We attempted to work with the fieldmen from IDEM. Our sons were instructed to pump water at the dam above the Sunman sewer plant on the neighbor’s property. Our sons were ordered to pump water 24 hours per day. They rented two pumps and hoses and pumped it into the neighbor’s field. IDEM was testing for nitrate levels. Two parts per million was the acceptable level. The nitrate tester used mercury as the testing agent. The mercury was thrown on the water or the soil. From Monday until Friday, we tried to endure and do as the IDEM fieldmen recommended.
We also dammed a sodded waterway coming from Sunman Elementary School and neighboring farmland. The nitrate test came back 2 ppm. We had several small rains of two- and three-tenths of an inch of rain. We also got nine-tenths of an inch of rain. The school drainage sodded waterway tested 10 ppm nitrate level.
Crops were put in the fields and nitrogen applied. Our town neighbors had lawn service, and that drainage also tested 10 ppm.
When the fieldmen from IDEM left on Friday, he took his tester with him. I called the company that made the tester. I was told the company no longer made this model due to using mercury. I promptly ordered the replacement.
The freshly planted fields would carry the nitrates. The IDEM fieldman told us rainwater tested 0 ppm in nitrate. Rainwater at Sunman tested 3 ppm in nitrate.
We were required to excavate more soil at the immediate site. All the while the two pumps were running and had to be manned at all times. The consulting firm hired by the insurance company were here off and on. The insurance adjustor was also a frequent visitor. The consulting company documented what we did to try to satisfy IDEM.
Constantly we were threatened with IDEM bringing in contractors at our expense - $1,000 upon arrival. I requested in writing what needed to be done that our sons were not accomplishing in a timely fashion. We were told within two hours that IDEM’s chosen contractors could be here.
This was our private property with certain civil rights. Local contractors would have been here within the two-hour timeline, if called. Local contractors would respect our land and surroundings as they have been on this land before.
This situation lasted from Monday until Friday, and we did not see them since.
The court orders came. The civil penalty was $8,750 and the fish kill was $451.04 (DNR). IDEM required all property owners within one mile of the spill site to be notified. Notices were sent out approximately a month after the spill. The consulting firm hired by the insurance company sent out the notices by mail.
A remediation hearing was scheduled at 9 a.m. at a local restaurant with IDEM and DNR. The IDEM executive was on time as well as the IDEM fieldman. The DNR or a conservation officer failed to show up. We had to provide our W-2 tax forms from the previous year – due to inability to pay.
The insurance company’s attorney had the term fish kill changed to property damage. I objected to the circumstances of the fish kill. I was (am) willing to spend jail time as I know those fish were not killed by 9-18-9 and 0-0-30. I had requested an autopsy be done on the fish. Neither conservation officer could tell me at what nitrate level kills fish. The civil penalty was lifted.
Our sons were pumping water on Monday and were annoyed/amused by a turkey gobble sound in the afternoon, some distance from the pumping site. After watching and noticing a figure sneaking from one tree to another, the conservation officer had his cell phone ring while standing in our driveway. His ring tone was a turkey gobble.
In the business of government, common sense and respect are never present when it comes to a violation. If there had been a sincere concern for the environment, would it not have made sense to take the attitude “How may I help you?” and encourage respect for the land to keep the environment healthy.
Rather IDEM and DNR chose to flex their muscles and abuse their powers. The process is inept and needs to be adjusted. We notified them on Sunday, and they failed to respond until Monday.
What could/should have been done:
1. Document the spill of 1,000 gallons of 9-18-9 and 0-0-30.
2. Inspect and record the fact that immediate and appropriate action had been taken.
3. Save the State its money spent on this incident.
4. Save our insurance company the huge attorney fee and the consultant fees.
If you were a farmer in Ripley County, would you report a spill? (It’s the law.) This has been a very good example of government fraud. Yes, I signed off on the incident.
Sincerely,
Ruth J. Riehle
Sunman, Ind. |
| 12/9/2009 |
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