Beyond the Rule of Thumb, Tip 15
By Steven De Lisi
Late one summer afternoon, your engine is sent to check on a suspicious container in a vacant lot. The dispatcher informs you that police have been on scene for awhile after having responded to a littering complaint called in by a neighbor. Upon arrival, you observe two police officers standing near three 55-gallon drums that are located on the street. The officers inform you that a citizen who lives next door noticed the drums on the lot earlier in the day and became suspicious when they were still there that afternoon.
In an effort to please the citizen, the officers rolled the containers to the street and called the public works department to pick them up. Unfortunately, everyone at that department had already gone home and the officers were now puzzled as to how to get rid of the containers.
The officers inform you that each drum appeared to contain some liquid, but probably only a few gallons each. They had attempted to look inside but they could not remove the caps.
Now it’s your turn to get involved! You take a spanner wrench and forcefully remove the cap from one of the drums. Due to the high summer temperatures, there is a sudden release of vapor with a pungent odor. Everyone (including a few curious neighbors) immediately steps back. Once you regain your composure, you hold your breath and place the cap back on.
You then notice some faded lettering on the outside of each container. Included are a chemical name and the name of a nearby chemical company. You contact them by phone and inquire as to how drums labeled with their name found their way to a vacant lot. They indicate that they have no idea, but in order to be good citizens, they agree to come by the site with a truck, pick up the drums, and take them away. While at the site, one of the company employees informs you that they pay another company to remove the drums once they are empty and they don’t know why these particular drums were disposed of in this manner. Regardless, by early evening the drums are gone, the neighbors are happy, and you return to the fire station confident that you did your job. But did you?
In reality, perhaps the only thing accomplished by your actions was the transfer of a problem from the neighborhood back to the chemical company. By handling the containers and making decisions on how to get rid of them, you also inherited much of the liability for the incident.
A first responder’s role during any incident such as this is to ensure public safety. Few job descriptions for firefighters and other first responders include a statement that they must coordinate the disposal of hazardous waste. In this scenario, the following problems existed:
- Despite what labels and other information are available on the outside of abandoned containers, first responders cannot be assured of the contents.
- Handling abandoned containers is an opportunity for disaster. The contents could be shock sensitive (especially during hot weather), and the container could already be damaged, resulting in a sudden release of contents once moved.
- Opening abandoned containers is an opportunity for an even greater disaster. Remember that most first responders are mentally programmed during basic hazardous materials training that in the event of a chemical exposure they should refer to the Emergency Response Guidebook (ERG) or a material safety data sheet (MSDS) for direction on emergency medical care. Good luck finding a MSDS for an abandoned container. And you can’t find a listing for abandoned containers in the ERG.
- By not knowing the contents of the container (but just assuming that the label was correct), the chemical company may have absorbed a tremendous legal liability in transporting the containers off site.
The actions of whoever disposed of the drums likely constituted an illegal activity far beyond just a violation of a local littering ordinance. Improper disposal of a hazardous waste likely violates state and federal statutes as well. Furthermore, abandoned containers are often classified as a “hazardous waste” as opposed to a “hazardous material”, and as such, the rules for handling these containers change. These rules can be confusing and complex and only those trained in the various laws and who work with them everyday can be expected to offer knowledgeable suggestions on how best to proceed for removal of the containers and prepare for any subsequent criminal investigation.
Why some first responders take it upon themselves to resolve incidents in the manner described in this scenario and needlessly expose themselves to potential physical, financial, and legal hazards remains a mystery. While their intentions are honorable, they only add to the potential for another line-of-duty death. Remember too that while some deaths are immediate following chemical exposure, death from some exposures can occur years later in the form of cancer or some other disease long after the incident is over.
First responders who handle containers also have the potential to destroy evidence, such as fingerprints. Furthermore, opening a container under these circumstances can complicate the job of a prosecutor who later in court may have to explain to a jury why a suspect should be charged with a felony for illegal disposal of an extremely dangerous hazardous waste, despite the fact that local first responders are reported to have opened the container, stuck their hand in the liquid, rubbed some between two fingers, sniffed it, and then and proclaimed, “It’s just oil.”
While some first responders may defend their direct intervention in these incidents as the only way to ensure public safety, remember that public safety can also be ensured by isolating the area, denying entry, and calling for help. Those to call for assistance include representatives from local and state environmental agencies, law enforcement agencies, and hazardous materials teams.
Members of haz-mat teams may be capable of obtaining a sample of the contents of each container that can be used later in court to prosecute those responsible. However, some teams may not respond if the containers are not leaking or stressed since under these circumstances the incident may not constitute an emergency. Furthermore, they may be reluctant to get involved if they have no guarantee of getting reimbursed for their expenses, since court cases and financial restitution can take years to resolve. Discussions with team members in advance of an incident involving abandoned containers is one way of knowing what type of response you should expect.
First responders can further enhance public safety by observing from a distance the condition, type, and number of containers, whether any appear stressed or bulging (which could indicate high internal pressure), and if any are leaking. During extremely hot weather, some containers that are bulging, especially those located in direct sunlight, may need to be cooled with water (possibly from unmanned nozzles) to reduce their internal temperature.
First responders can also look for physical evidence at the site, such as tire tracks near the area where the abandoned containers are located, and speak with bystanders who may have witnessed the incident. They can also attempt to contact the property owner or tenant who may have information regarding the status of the containers. Always remember that for some incidents, containers which at first appear “abandoned” might actually constitute nothing more than outdoor storage by a property owner or tenant.
Of course, some first responders may prefer to handle the incident themselves and attempt to dispose of abandoned containers quickly only because they do not want to “drag out” the incident for hours. However, an incident lasting hours but that is resolved safely by those with the knowledge and experience to do so will soon be forgotten while an incident that is “rushed” by first responders with disastrous consequences will truly last forever.
When dealing with abandoned containers, be smart, be safe, and remember, everyone goes home!
Discussion Points
- Has your department ever responded to reports of abandoned containers? If so, research these incidents and compare how each were resolved. Were some managed better than others? If so, what were the differences?
- Determine local, state, and federal points of contact that can provide assistance regarding the legal and financial issues related to dealing with abandoned containers. Determine how you can contact these individuals at night, during weekends, and on holidays. Remember that some of your worst incidents will occur during these time frames.
Click here for more info on Steven De Lisi’s book, Hazardous Materials Incidents: Surviving the Initial Response.
Steven M. De Lisi is a 27-year veteran of the fire service and is currently Deputy Chief for the Virginia Air National Guard Fire Rescue located at the Richmond International Airport. De Lisi is a Hazardous Materials Specialist and a former chairman of the Virginia Fire Chiefs Association’s Hazardous Materials Committee. He is also an adjunct instructor for the Virginia Department of Fire Programs and a former member of the NFPA committee on hazardous materials protective clothing. De Lisi began his career in hazardous materials response in 1982 as a member of the HAZMAT team with the Newport News (VA) Fire Department. Since then, he has also served as a Hazardous Materials Officer for the Virginia Department of Emergency Management and in that capacity provided on-scene assistance to first responders involved with hazardous materials incidents in an area that included more than 20 local jurisdictions.
