Mayor Insists Oil Stored In A Shed For Nearly A Year Is Safe

By Gordon HopkinsConcerns about the possibility of hazardous substances, such as PCBs (polychlorinated biphenyls), in used oil stored in a shed on city property have resurfaced after it was learned no analysis of the oil is on file with the City of Fairbury. Last week, FJN filed a Public Records Request for the results of chemical analysis of approximately 38 drums of used oil that came from a storage tank demolished in January of this year. City clerk Erin Reimer advised FJN, “In reference to the testing of the oil storage tank- IES subcontracted the testing out and did not provide the results to the city, IES has retained said results.”IES is Industrial Engineering Solutions, the company that contracted with the city to drain and demolish the tank in 2022, as well as remove various large machines from the now-disused municipal power plant. That company is now being sued by the city for breach of contract. Testing the OilLast year, FJN was contacted by a former employee of the power plant, who wished to remain anonymous for fear of possible reprisals by the city. That person expressed concern that there is more than just oil in the tank but other chemicals, including possibly PCBs. The EPA (Environmental Protection Agency) regulates the handling of PCBs through the Toxic Substances Control Act (TSCA) of 1976.At that time, then-city administrator Matthew Jacobs said, “I have only been told by city staff there is oil in the tank. There may be PCBs or other chemicals in it, but until I am able to conduct a more thorough investigation on the matter I am unable to comment on whether there are actually PCBs or other chemicals inside the tank. Should a prevailing party emerge, they will be responsible to remove the contents of the tank and dispose of them in a manner that is consistent with all state and federal laws.”In February of 2023, FJN asked Fairbury Mayor Spencer Brown if the oil had been tested for PCBs. He responded, “The oil was tested and had a concentration of 4ppm (part per million) PCBs which is well under the EPA (Environmental Protection Agency) guideline of 50 ppm for oil.”According to the U.S. Bureau of Reclamation, anything over 50 ppm is considered hazardous waste.However, after being informed the test results were not on file, the mayor told FJN, “I believe that number was verbally told to us by IES. Which they would know, since they did the testing.”The mayor could not confirm the testing was ever actually done by IES. FJN has been unable to reach IES for comment.On April 25, 2023, Brian Gorman, an Environment Specialist with the Nebraska Department of Environment and Energy, Waste Compliance Section, asked Mayor Brown to forward the analytical results. Gorman wrote in an email, “We would like to see what else may have been tested besides PCB’s.”The mayor responded, “I think we are going to go ahead and get another testing done of the oil. Even if the demo crew has the results, it will just take more time and hassle than just getting it redone because of the ongoing litigation.”Despite this, city clerk Erin Reimer confirmed that testing was never done, “The mayor states, ‘I THINK we are going to go ahead….’. NDEE requested results if available, and at this time, no further testing has been completed therefore no results are able to be shared with NDEE or provided in your request.” PCBsPCBs are a known carcinogen and can cause a number of other health problems, including liver damage and immune system problems.The use of PCBs was banned in the United States in 1977, but the chemical can still be found in products made prior to that date. They were commonly used in electrical equipment, including transformers and machines containing hydraulic oils, according to the U.S. Department of Veterans Affairs.In 2022, IES hired several local contractors to work in the power plant. They have asked to remain anonymous on the advice of legal counsel. The workers responded to questions from FJN in writing, with approval of their attorney. According to their statement, “4 guys were told to get into the oil tanks and remove all the oil and put it in 55 gallon plastic drums and they don’t know where it went from there. They were all covered in oil from head to toe.”Given this information, FJN asked the mayor if he had any plans to have the oil tested. He responded, “It is not required by the oil recycling company at this time.”FJN reached out to members of the Fairbury City Council and asked if they believed the oil should be tested. As of press time, none has responded. Storage of the OilFor most of this year, the oil drums have been stored on city property, first outside and later moved into a shed.The U.S. Bureau of Reclamation warns that, “PCBs can and do leach into and out of their metal containers. It’s not the fault of the PCB fairy.”Mayor Brown told FJN, “They are in brand new sealed poly barrels, not metal.”When asked how he could be sure the oil was secure when he did not know what was in the oil, the mayor did not respond.Mayor Brown denied a request by FJN to view the oil drums in person, “I am not going to derail someone’s schedule to take pictures of oil drums.”The mayor added, “(I)ts a limited access facility, not open to the public and I do not see a need to disrupt my staff for pictures.”When FJN told the Mayor the purpose of the request was not for pictures but for transparency, he responded, “My answer is the same.”

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