NH Agency Investigating Dust Claims

The New Hampshire Department of Environmental Services is looking into the latest complaints of airborne "rust dust" from scrap metal being handled at the Port of New Hampshire causing a nuisance to local residents and businesses.

The City Council on Monday viewed a 10-minute videotape made by resident Tom Carroll, a longtime critic of scrap metal operations at the port's Market Street terminal, which showed workers at the port struggling to control rust dust. The videotape recorded operations on July 21, 2005.

Two members of DES also attended the meeting and answered questions posed by Carroll and councilors about what actions could be taken to correct any problems.

Complaints about the port's scrap metal business have been ongoing for several years, with residents and businesses claiming the red dust has covered nearby cars and businesses. In addition, residents have said fragments falling off trucks carrying scrap to the port has resulted in flat tires.

"It really is a mess down there," Carroll said before showing the footage.

The tape was shown by Carroll at a special work session in the hope it will spur the City Council to take action to resolve the issue.

Carroll said state law governs against "fugitive dust" leaving the property. His tape footage showed a large amount of dust being kicked up despite efforts by crews to wet down a pile containing small pieces of scrap, commonly known as "frag scrap."

This dust becomes airborne and has been landing on vehicles of neighbors and thus is a violation of the fugitive dust law, he said.

Carroll told the council the port has yet to install the proper safeguards to handle this type of frag scrap.

"This is not the place for this type of stuff. It's too difficult to control the dust," he said.

The tape showed the dust clouds rising up into the sky. He said the problem is these piles of frag scrap get very dry in the middle despite efforts to water them down.

"You can't stop this stuff no matter what you do," he said.

Carroll said it is not only the Portsmouth residents that have to live with this, but people across the Piscataqua River in Maine.

He also showed color footage of scrap metal fragments falling off the pier and into the river. Carroll said there are not sufficient barriers to prevent material from falling into the river.

Mayor Evelyn Sirrell said she found the tape informative. "Excellent, Tom. That picture is worth a thousand words," she said.

Councilor Harold Whitehouse Jr. asked Carroll if things had changed at all in the months since the videotape was produced.

Carroll said he believes port officials have started using a "huge sprayer" to wet some of the piles down. However, he also said the port still lacks a proper storm water runoff prevention program so runoff from spraying the piles is going right into the water.

Pamela Monroe, compliance bureau administrator for the Department of Environmental Services, said the office investigated a complaint by abutters of rust dust at the port in March 2004.

Following this incident, the PDA had a hose installed so it can wet down the piles.

DES is also investigating these more recent complaints. She said she has had discussions with George Bald, executive director of the PDA, about concerns of rust dust and storm water runoff at the port.

"They represented they're more than willing to work with us to correct any of those concerns," she said.

Carroll questioned whether DES had any plans to fine Grimmel Industries — the parent company of the scrap metal operations — for the fugitive dust and spillage of material into the river.

Monroe said there were no plans at this time. The goal is to get the facility into compliance. Fines are used if a business fails to correct the problems.

Tim Drew, another administrator for DES, said he believes the port terminal is in the process of trying to correct the runoff problem. It has filed a notice of intent to implement a storm water runoff plan.