AYER -- As construction of Pan Am Railway's expansion of a rail-to-truck automobile-transfer facility nears completion, state and local officials are concerned about the standards of Pan Am's stormwater-management system.
The automobile unloading facility sits about 8 to 9 feet below the surface of the Spectacle Pond aquifer, Ayer andLittleton
In January 2010, Pan Am completed construction of an 800-car facility off
Willow Road . By Thanksgiving, Pan Am hopes to complete the expansion of the facility, which will be able to house about 1,500 vehicles, according to Pan Am Executive Vice President Cynthia Scarano.
Ayer has asked the state Department of Environmental Protection and the federal Environmental Protection Agency for technical assistance in looking at the effectiveness of Pan Am's stormwater-management system for Phase 2.
MassDEP has told Pan Am that improvements need to be made to the system.
"In looking at the proposal that Pan Am has offered, we believe that work needs to be done to the stormwater-management system," said MassDEP spokesman Joe Ferson.
He said Pan Am needs to make changes to its plans to put the same level of protections in place that the railroad had with the first phase of its project.
In Phase 1, Pan Am used Stormceptor devices to manage runoff. Now Pan Am has installed Water Quality Outlet devices, said Scarano.
She said only the brands are different, but the standards are the same.
MassDEP disagrees.
Department of Public Works Superintendent Daniel Nason is pressing for Pan Am to use the same brand of stormwater-filtration devices for the sake of uniform construction, maintenance and crisis-management protocols across the Pan Am offloading facility, he said at a Board of Selectmen meeting in July.
Both DEP and the EPA signed off on the Stormceptor system during the first phase of construction.
This latest disagreement between the town and Pan Am is the latest in a line of clashes. The town fought with Pan Am in federal court over permitting in Phase 1, which resulted in a settlement that allowed the town to monitor construction of the automobile-transfer facility.
Scarano said the facility is used to transfer Ford automobiles from the rail lines to trucks, so the cars can be delivered to dealerships throughoutNew England
The proximity of the facility to the aquifer is what has state and local officials concerned.
Congresswoman Niki Tsongas will hold a meeting to address growing concerns with Pan Am's expansion.
"It's important that the concerns raised by Ayer andLittleton
Local activists inLittleton
"For people in Ayer andLittleton
In 2009, a Middlesex Superior Court jury convicted Pan Am Railways of failing to report a hazardous spill and contamination on its railyard property in Ayer in 2006. The conviction resulted in the company being fined $500,000.
State Sen. James Eldridge, D-Acton, attended the meeting held by the Coalition for Aquifer Protection last month.
"The concern now is that Pan Am is not upholding their end of the bargain in terms of the water-monitoring equipment," he said.
"There needs to be proper enforcement by the DEP and federal government to make sure those protections are there," he added.
The Littleton Board of Selectmen are also pledging its support to enforce stronger standards in Pan Am's stormwater-management system.
Town Administrator Keith Bergman said there is great concern for the quality of water in the aquifer with the expansion of Pan Am's facility.
Bergman also noted that the term "rail-roaded" comes from the fact that American law grants a special status to the railroad.
DEP and the EPA do not regulate the railroad, it is overseen by the Federal Railroad Administration.
Schultz said there is an immediate concern to ensure the storm-water management system is up to standard because Pan Am has almost completed its construction.
"There is more work to be done and we're highly concerned because they're about to pave," she said. "We would have a system that might contaminate the water."
Schultz said that contaminated water would not only affect residents, but businesses like Nestle and Cains that use water from the aquifer.
"They area all coming here because we have the cleanest water in the whole area," she said. "They could leaveMassachusetts
But Schultz did say that Pan Am has been cooperative in meeting with the town, although they are not required to have any local approvals.
Scarano said that residents shouldn't be concerned about the protections that are in place.
"We have committed to a state of the art facility and we will continue with our commitment," she said.
SOURCE: The Lowell Sun / By Sarah Favot, sfavot@lowellsun.com
The automobile unloading facility sits about 8 to 9 feet below the surface of the Spectacle Pond aquifer, Ayer and
In January 2010, Pan Am completed construction of an 800-car facility off
Ayer has asked the state Department of Environmental Protection and the federal Environmental Protection Agency for technical assistance in looking at the effectiveness of Pan Am's stormwater-management system for Phase 2.
MassDEP has told Pan Am that improvements need to be made to the system.
"In looking at the proposal that Pan Am has offered, we believe that work needs to be done to the stormwater-management system," said MassDEP spokesman Joe Ferson.
He said Pan Am needs to make changes to its plans to put the same level of protections in place that the railroad had with the first phase of its project.
In Phase 1, Pan Am used Stormceptor devices to manage runoff. Now Pan Am has installed Water Quality Outlet devices, said Scarano.
She said only the brands are different, but the standards are the same.
MassDEP disagrees.
Department of Public Works Superintendent Daniel Nason is pressing for Pan Am to use the same brand of stormwater-filtration devices for the sake of uniform construction, maintenance and crisis-management protocols across the Pan Am offloading facility, he said at a Board of Selectmen meeting in July.
Both DEP and the EPA signed off on the Stormceptor system during the first phase of construction.
This latest disagreement between the town and Pan Am is the latest in a line of clashes. The town fought with Pan Am in federal court over permitting in Phase 1, which resulted in a settlement that allowed the town to monitor construction of the automobile-transfer facility.
Scarano said the facility is used to transfer Ford automobiles from the rail lines to trucks, so the cars can be delivered to dealerships throughout
The proximity of the facility to the aquifer is what has state and local officials concerned.
Congresswoman Niki Tsongas will hold a meeting to address growing concerns with Pan Am's expansion.
"It's important that the concerns raised by Ayer and
Local activists in
"For people in Ayer and
In 2009, a Middlesex Superior Court jury convicted Pan Am Railways of failing to report a hazardous spill and contamination on its railyard property in Ayer in 2006. The conviction resulted in the company being fined $500,000.
State Sen. James Eldridge, D-Acton, attended the meeting held by the Coalition for Aquifer Protection last month.
"The concern now is that Pan Am is not upholding their end of the bargain in terms of the water-monitoring equipment," he said.
"There needs to be proper enforcement by the DEP and federal government to make sure those protections are there," he added.
The Littleton Board of Selectmen are also pledging its support to enforce stronger standards in Pan Am's stormwater-management system.
Town Administrator Keith Bergman said there is great concern for the quality of water in the aquifer with the expansion of Pan Am's facility.
Bergman also noted that the term "rail-roaded" comes from the fact that American law grants a special status to the railroad.
DEP and the EPA do not regulate the railroad, it is overseen by the Federal Railroad Administration.
Schultz said there is an immediate concern to ensure the storm-water management system is up to standard because Pan Am has almost completed its construction.
"There is more work to be done and we're highly concerned because they're about to pave," she said. "We would have a system that might contaminate the water."
Schultz said that contaminated water would not only affect residents, but businesses like Nestle and Cains that use water from the aquifer.
"They area all coming here because we have the cleanest water in the whole area," she said. "They could leave
But Schultz did say that Pan Am has been cooperative in meeting with the town, although they are not required to have any local approvals.
Scarano said that residents shouldn't be concerned about the protections that are in place.
"We have committed to a state of the art facility and we will continue with our commitment," she said.
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