"Muckraking local blows whistle on drain ooze." May 22, 2008. NYSUT: A Union of Professionals. www.nysut.org
NYSUT - A Union of Professionals
  
 

Muckraking local blows whistle on drain ooze

DEC finds 19 violations in Connetquot High science classrooms

 
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James McConnell shows his science classroom drain where toxic waste bubbled up. Photo by Bruce Gilbert.

As far back as 2006, Long Island parents were sending their teens off to Connetquot High every morning, unaware that toxic waste had been oozing up through science classroom floor drains. They also were unaware that the backup from a chemical waste storage tank had been gurgling into classroom sinks used by teachers and students for experiments and washing hands.

But a concerned science teacher and his proactive union sounded an alarm that has exposed more than 19 district violations of the state Industrial Hazardous Waste Act - and resulted in a state Department of Environmental Conservation report that determined students and staff were put at risk by the district's failure to properly dispose of potentially carcinogenic waste.

"It's shocking, all we've discovered," said Loretta Powell, president of the Connetquot Teachers Association, which led the charge for action. "We're talking about toxic waste."

In concert with NYSUT, the local union's advocacy prompted two levels of state inspection, culminating in a DEC report that found:

  • Indications "that the sink traps contain high levels of several toxic heavy metals and VOCs (volatile organic compounds)," which must be removed and should not be disposed of in science room sinks.
  • Cesspool waste "severely contaminated with toxic silver-containing wastes."
  • District waste treatment, storage and disposal violated state law. Hazardous waste containers were not labeled.
  • The district failed to train employees on waste handling and emergency procedures and lacked a written manual or emergency response plans.

"As a result of that inspection, we believe that your facility is operating a Small Quantity Generator of hazardous waste," DEC noted.


Connetquot Teachers Association Vice President Brad Lindell and President Loretta Powell.

Stuff bubbling up

Science teacher James McConnell was working after hours in October 2006 when the tank that collected science waste backed up through floor drains into his classroom.

"There was stuff bubbling up," he said. "Stuff was coming out and flooding the room. Luckily, there were no students there."

He sent a memo to the principal, asking the nature of chemicals spilling onto Room 122's floor and whether it was safe to use the room. His concern extended to the other classrooms linked through drains to the outdoor underground tank.

He got no response.

That's when the local union took the lead and called in NYSUT health and safety specialist Wendy Hord and NYCOSH, the New York Committee on Occupational Safety and Health.

Their November 2006 inspection found that backup from the chemical waste tank "presents an exposure hazard to the students and staff."

But incredibly, union leaders said, over the course of the following year, the district failed to remedy the problems, even as its Web site denied backups took place; assured the community that the classrooms were free of any contamination; and said concerns had been addressed.

www.stateofconnetquot.orgA district Web site post stated: "Before the winter holiday (December 2007), the tank-filled alarm sounded and was shut off by building staff. This alarm only sounds when the tank is near full and needs to be emptied. The problem was discovered in time and the tank did not overflow or back up into any classroom …" The Web site also said the area "was checked for contamination and VOCs, the area was found to have NO contaminates."

Yet despite district assurances, the monitoring system for the chemical waste tank "never worked," said Brad Lindell, a CTA vice president. "By their own admission they used a dipstick to see if the tank was full."

Chemistry teacher McConnell said he once saw someone using a sledgehammer on a pipe draining into the capped tank: "He whacked it. The cap popped off … It looked like a fire hydrant. It was squirting muck."

And backups continued into this year, with two more occurring in January. Administrators directed custodial staff to mop up the spills, which were placed in buckets covered with plastic, said Lindell, CTA's health and safety coordinator.

McConnell, who by this time had refused to use the lab where the spills occurred, said administrators insisted that an outside analysis found the chemicals were "far below the threshold for concern."

McConnell looked at the report. "They took samples from my room and mixed them with fluids from sink traps of 14 other sinks," he said. "They diluted everything!"

Lindell said the outside firm tested for VOCs but not heavy metals. "It wasn't done properly," he said, "so we had to call in the DEC."

In a report released in mid-April, DEC determined science sink traps contained "several toxic heavy metals" and other hazardous waste, and "severely contaminated" cesspool waste, primarily from photography chemicals.

Syed Raza, a DEC environmental engineer, told New York Teacher that some of the heavy metals are carcinogenic. Long-term, repeated exposure to the same chemical, he said, "could lead to cancer and other diseases."

Since DEC's inspection, the district for the first time is providing mandatory training for science teachers, Lindell said. He termed the training rudimentary at best.

Now the clock is ticking for the district, which was given 30 days to develop a plan to address the violations found by DEC engineers. Possible sanctions include fines up to $37,500 per day for the first violation and $75,000 per day for a second offense.

District officials released this statement through a public relations firm: "The Connetquot Central School District is in receipt of the report by the DEC regarding the plumbing back-up in the high school science laboratories. The district has made all the suggested adjustments to our facilities and procedures, and we are in full compliance with DEC recommendations. We have been granted a two-week extension to provide the necessary paperwork to document these corrective actions, which have already been implemented. The district wants to assure our students, staff and parents that this issue did not present a danger to our school community, and our corrective measures will ensure that it does not become an issue in the future."

NYSUT expertise

CTA leaders are grateful to NYSUT health and safety specialist Wendy Hord, who provided guidance on calling in NYCOSH and the DEC. "If it weren't for the guidance and support of Wendy Hord and NYCOSH, we wouldn't have been able to accomplish what we did," Lindell said. Teachers first reported sink drainage problems in 2004.

NYSUT President Dick Iannuzzi said Connetquot's experience illustrates the value of the union's role as independent watchdog. "This is an inspiring example of the necessary advocacy provided by unions on behalf of students, teachers and staff," he said.

NYSUT Vice President Kathleen Donahue, who oversees statewide health and safety issues, noted that "NYSUT labor relations specialists work closely with local unions on a daily basis to address health and safety concerns," linking them to Hord and other union experts as the need arises.

Next steps

The CTA continues to press health and safety concerns documented in other district buildings by NYSUT and NYCOSH, including water leaks that can lead to mold, insufficient numbers of safety showers or safety hoods and inadequate ventilation and eye wash equipment.

CTA officials originally were hopeful the district would correct the violations. After the NYCOSH inspection, administrators bought eye washes and held a successful voter referendum to replace most of the school roofs.

"They realize there's a problem with mold," Lindell said.

According to the school district's Web site: "The (health and safety) committee has developed a reporting system ... for the immediate correction of building safety."

But since the DEC report, administrators have actually canceled two health and safety committee meetings, Lindell said. He noted that the district's 2005 School Facilities report card claimed the health and safety committee met three to five times a year, yet the committee wasn't even formed until 2007 at the urging of the local union.

Now the district has forbidden NYCOSH from returning, Powell said. So in continued advocacy with NYSUT, the local union has filed a notice of claim, the first step in an improper practice charge that says the district is impeding the union's ability and obligation to represent staff on health and safety concerns.

The union started its own Web site (www.stateofconnetquot.org) to report to the community. The district has since blocked access to the site from district computers.

"The CTA is committed to the health and safety of staff, and especially students of this community," said CTA President Powell. "We are vigilant, and we will continue to pursue this until the district addresses and corrects problems and is honest with the community."

- Liza Frenette

New York Teacher cover

State of Connetquot

The Connetquot Teachers Association started its own Web site (www.stateofconnetquot.org) to report to the community. The district has since blocked access to the site from district computers.

"The CTA is committed to the health and safety of staff, and especially students of this community," said CTA President Loretta Powell. "We are vigilant, and we will continue to pursue this until the district addresses and corrects problems and is honest with the community."


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