Depot hearing delayed

Operations at BNSF Railway’s refueling depot near Rathdrum, Idaho, will likely remain suspended for another week following a postponement of a court hearing Wednesday.

Last week, a Kootenai County judge ordered the depot to suspend refueling operations until leaks at the facility are identified and fixed. A hearing on the fate of the emergency closure order was scheduled for Wednesday, but the railroad asked the court to delay the proceedings for a week.

BNSF would not say why it asked for the postponement or if it will appeal the decision in federal court, but Deputy Idaho Attorney General Garrick Baxter said the state agreed with the request as long as it was “clear the temporary restraining order remains in effect.” More time is needed, Baxter said, to fully investigate the problems at the facility that opened six months ago.

“There’s a need for additional information out there at the site,” Baxter said. “They’re working around the clock. We’re out there just about as much trying to continue the investigation.”

Testing and repairs continue at the depot, company spokesman Gus Melonas said. A fuel leak detected two weeks ago appears to have been caused by a faulty fitting where a drain pipe passes through a protective membrane buried below the refueling platform.

Three other industrial wastewater system leaks have been detected at the site since December, with one of the crushed pipes spilling diesel-tainted wastewater for three months directly into the soil. Trace amounts of diesel have since been found in the aquifer 160 feet below the depot, but health officials say nearby groundwater remains safe to drink.

The state of Idaho will not agree to the facility reopening until the entire depot is tested, said Baxter, adding that the railroad has been working in good faith with state officials at the site, about five miles north of Post Falls.

“The effort and cooperation that has been going on back and forth is amazing. Burlington Northern has been welcoming our folks out there and keeping them up to date,” Baxter said. “The department is pleased with the actions of Burlington Northern to date.”

BNSF has about 80 experts at the depot involved with the investigation and repairs, Melonas said. “That’s more than we had for the original construction.”

The latest leak reported at the depot has been traced to a faulty seal between an industrial wastewater drain pipe and a buried plastic liner, Melonas said. State and railroad officials originally believed there were holes in at least one of the two plastic membranes buried 10 feet beneath the refueling platform. Tests using helium and water have shown the liners to be intact, but additional snooping is occurring, Melonas said.

“We will test until we can assure the liners are safe. … We are aggressively working to ensure protection of the aquifer,” he said.

The engineering project manager for the depot’s construction, Kenny Hancock, of Kansas City-based Hanson-Wilson Inc., could not be reached Wednesday. Although BNSF has previously blamed at least one of the leaks on faulty construction practices, Melonas declined to respond when asked if the railroad planned to seek damages from Hanson-Wilson.

Costs for finding and fixing the first leak have topped $1 million, Melonas said in an earlier interview. The newest leak is expected to be much more expensive. The entire refueling operation has been halted, cuts have been made in the concrete platform, dozens of outside experts have been brought in – including attorneys – and about 40 employees at the depot have been transferred to other BNSF operations in the Northwest.

“We don’t have a number yet,” Melonas said, when asked for an updated cost estimate.

Marc Kalbaugh, site manager with the Idaho Department of Environmental Quality, said it’s too early to tell if the two plastic liners are undamaged. Holes will be cut in the liners near the suspected faulty gasket to provide access to the soil below the barriers.

“We’re going to grab soil samples and have those analyzed to determine if contaminants have reached outside the third membrane,” Kalbaugh said.

Two sets of samples are taken, Kalbaugh said. One is tested by a laboratory chosen by the railroad. The other is handled by the state and sent to a different laboratory.

Holes cut in the membrane will be sealed shut under the direction of experts from the company that manufactured the liners, Kalbaugh said. The entire 35,000-square-foot refueling platform is also being resealed with a heavy-duty industrial coating to cover any cracks.

Although Wednesday’s court hearing over the closure of the depot was postponed, about 40 protesters marched in front of the Kootenai County Courthouse at dawn, chanting slogans such as, “What were you thinking? Water is for drinking!” and “Get it out or get it fixed!”

The marchers, led by a group of North Idaho College students, called on the railroad to continue suspending refueling operations until independent investigators can verify the integrity of the facility. Protest leader Shane Garner said the railroad should have agreed to shut down the facility without having to be ordered by a judge.

“The public isn’t going to stand for any more heel-dragging,” he said. “We really want to thank the DEQ for pursuing this.”

The next court hearing is scheduled for 9 a.m. Wednesday at the Kootenai County Courthouse in Coeur d’Alene. Protesters say they will hold another march before the hearing.