Depot should be held accountable

BNSF Railway and the Idaho Department of Environmental Quality are satisfied with the $10 million overhaul of the railroad’s “state of the art” refueling depot near Hauser. The railroad was allowed to resume operation. And the state regulators were granted authority to expand monitoring.

Local residents, however, aren’t happy.

Although most area water users appreciate IDEQ’s move to shut down the depot after a second major leak was discovered in February, many remain upset that the railroad is allowed to operate at all over the Spokane Valley/Rathdrum Prairie Aquifer. About 5,000 have signed petitions asking that the depot be moved off the sole-source aquifer. The Kootenai County commissioners’ office is looking into the possibility of ordering just that.

It’s questionable whether Kootenai County has the authority to order the controversial depot closed after the state environmental agency decided it no longer posed a threat to the aquifer. But the commissioners deserve credit for scheduling an informational meeting with the railroad and state regulators to discuss the extensive repair work at the depot and violations of the county’s operating permit. Kootenai County should remain an active player in regulating the depot.

Now, the commissioners and their legal staff are determining if they have the authority to close the depot. Also, they want to know if they can demand an independent review of the facility and if a $5 million bond posted by the railroad would pay for the study. In early May, after the railroad was given court clearance to reopen its refueling station, Commissioner Gus Johnson said he wanted the depot shut and moved. He has since backed away from that stance.

With or without authority, the county commissioners have leverage in the court of public opinion to make the railroad pay attention to local concerns. Obviously, BNSF officials are bothered by its image and trying not to repeat the mistakes and practices that have left contaminated sites throughout the region. In this era of environmental sensitivity, BNSF can no longer bank on the federal government or the courts to give them permission to operate if local authorities try to revoke its operating permit for contaminating a two-state underground water system.

Clearly, the refueling depot poses less of a threat to the aquifer today than it did on Feb. 23 when IDEQ obtained a court order forcing temporary closure. For more than two months, teams of experts redesigned the depot, overhauled underground plastic liners, installed additional leak protection and monitoring devices, and drilled special air vapor wells to suck an estimated 2,000 to 3,000 gallons of fuel from depot operations that leaked into the aquifer.

The depot should be given a chance to succeed at its current location. But it also should be held accountable by county government for any misstep that threatens the water supply.