bookmark_borderDEP Fines First Student Inc.

The Department of Environmental Protection Fined First Student Inc. $121,520 for Bucks County Fuel Spill

NORRISTOWN — The Department of Environmental Protection has assessed First Student Inc. and its parent company, FirstGroup America Inc., a $121,520 penalty to resolve violations associated with a November 2010 release of diesel fuel from its school bus terminal in Newtown, Bucks County.

“This incident at First Student required the emergency response of five government agencies and disrupted a water utility’s operations for six days,” Southeast Regional Director Joseph A. Feola said. “With proper operation and maintenance of its above-ground storage tank, the company could have prevented this incident.”

On Nov. 8, 2010, a First Student employee opened a valve to drain rainwater from a containment tank that housed a 10,000-gallon leaking fuel tank. The valve remained open overnight and allowed a mixture of water and diesel fuel to run from the terminal into Newtown Creek and, eventually, into Neshaminy Creek, upstream from a public water system operated by Aqua Pennsylvania Inc.

In spite of corrective actions made by First Student, including the use of absorbent booms, vacuuming and the excavation of contaminated soil and gravel, it became necessary on Nov. 9 for Aqua PA to shut down its Neshaminy water treatment plant intake. This required the utility to maintain a drinking water supply for more than 100,000 people through interconnection, increased production and the purchase of additional water.

The incident resulted in violations of Pennsylvania’s Storage Tank Act, Clean Streams Law, Safe Drinking Water Act and Fish and Boat Code. Inspections of the facility after the Nov. 8 release revealed an ongoing lack of required tank maintenance and leak detection equipment that allowed for pollution.

First Student has paid civil penalties of $41,550 to the state’s Storage Tank Fund, $13,619 to the Clean Water Fund and $56,250 to the Safe Drinking Water Account. The company has also reimbursed DEP for $7,600 of expenses incurred in response to the release and paid $2,500 in civil damages to the Pennsylvania Fish and Boat Commission.

For more information, visit www.depweb.state.pa.us or call 484-250-5900.

bookmark_borderRadon Contractor to Surrender Certification

NORRISTOWN — The Department of Environmental Protection ordered Christopher Ford, of Abington Township, Montgomery County, to surrender his state radon testing certification and pay $58,875 in civil penalties for numerous violations of the Radon Certification Act and Radiation Protection Act.

“Mr. Ford misrepresented the type of state certification held by his firm, and allowed an uncertified employee to perform radon system work,” DEP Southeast Regional Director Joseph A. Feola said. “Our inspectors documented 82 violations of radon system installation standards, along with eight violations of testing and quality assurance regulations.”

DEP noted the violations during June 2010 inspections of 15 radon systems installed by Ford’s firm, Environmental Concepts Technology, and cited him for not discharging radon above roof lines; not sealing floor and wall joints; failing to conduct post-mitigation testing; and not attaching system documentation to radon system units.

During a July 15, 2010, inspection of the contractor’s radon testing and mitigation programs, DEP inspectors found that Ford had failed to track his and his employee’s exposure to radon, a key component of his own quality assurance plan. He also failed to submit, analyze and monitor field samples required to ensure accurate testing and analysis, or perform duplicate testing in 2008, 2009 and 2010, which is required by the U.S. Environmental Protection Agency.

Following a Feb. 18 meeting, Mr. Ford was to submit to DEP a list of all radon systems he installed between Oct. 27, 2008, and Oct. 27, 2010, along with business tax returns for that same period. To date, the department has not received this information.

Ford’s mitigation certification expired Oct. 27, 2010, and will not be renewed. DEP is seeking surrender of his testing certificate, which is due to expire Dec. 14, 2011.

For more information, visit www.depweb.state.pa.us or call 484-250-5900.