Testing of 'black dust' delayed due to waivers Mill's waiver asked residents to give up rights before it tests BY MICHAEL ACKER Staff Writer A steel mill's request that Sayreville residents sign waivers has delayed testing of dust material that the mill's neighbors say come from the plant. Gerdau Ameristeel, Crossman Road, distributed waivers for residents to sign stating that they agree to waive and relinquish "any and all claims" they might have against the steel mill with regard to its sample collection activities. The waivers state that the residents "forever" release even claims "of which I am not aware and those not mentioned in this waiver." Ronald Green, vice chairman of the Sayreville Environmental Commission, said officials have issues with the language in the waivers, but he hopes the matter can be resolved by next week so that the steel mill can begin its testing of the "black dust" materials found on residents' properties. "There were 15 people that signed up to have the testing done," Green said. "The Environmental Commission has decided that we didn't like the wording of the waiver, so what we did was we sent a copy of the waiver to the borough attorney for his review." Green said the commission advised the plant of its displeasure with the waiver, saying it is not in the best interests of residents. "There were a few words in there that you could interpret in two different ways, and we didn't like that," Green said. Prior tests conducted by the local environmental group Edison Wetlands Association found that the dust material on properties near the mill contained iron, lead, mercury, arsenic and other materials. Residents have for several months complained about emissions, noise and other problems they say are coming from the steel mill, and more than a dozen of them attended the Environmental Commission's meeting earlier this month to raise concerns about the waivers distributed by the mill. They also wanted to know if and when Gerdau Ameristeel was arranging for an analysis of dust material. The steel mill has not taken responsibility for the material that residents are finding on their properties. Its representatives have said they are working to find the source of the problem and that the plant was taking measures to control emissions. The issue of responsibility was a point of discussion at the June 4 meeting of the Environmental Commission. "It is important that the steel company take ownership of this material, and that is the thing that this testing will do," Commission Chairman Patrick Walsh said. Resident Pat Boccassini, who has lived near the steel mill on Modzelewski Terrace since 1972, attended her first commission meeting June 4. She said later that she is concerned about the noise coming from the plant and residue on her property. "Some of it is a rusty color and some of it is black," Boccassini said of the material. "Sometimes you see a mist on the whole street." Boccassini described explosion-like noises that shake her home and that she said form cracks in the walls. The noises tend to occur four to five times a year and are more frequent in the winter, she said. "[The steel mill says] that they can't do anything about the explosions, but our houses shake very badly," Boccassini said. Walsh said he too has heard these explosion-like noises near his house, which is also in the area of the steel mill. He recalled hearing what sounded like an explosion on Christmas Eve. "The dishes were clanging," he said. Walsh said the mill installed a device on his property to determine how much noise was being generated by the mill, and the company is in the process of installing its third weather system to determine wind patterns. Regarding the dust material, Walsh told the public that the mill is having samples from its site collected and tested. He noted that it appears as if the dust problems are not confined to his neighborhood, which is east of the plant, and said it appears to be affecting residents elsewhere on Main Street. "A lot of people on Main Street have the same problems," Walsh said. Green told the public that the lab chosen by Gerdau Ameristeel to take samples is an independent agency approved by the state Department of Environmental Protection. "As soon as the testing is completed, we will be on them," Green said. With regard to a train that can be heard in the area as late as 10 p.m., Green said that neither the steel mill, the borough nor the state has control over the railroad's operating times. He noted that the rail operator has not adhered to recommendations that it run the train earlier in the day. Ann Mazanec, of Wilbur Terrace, told the commission that she would like the borough to collect its own samples and test them for purposes of comparison with the findings of the steel mill's hired lab. "The borough is not doing the testing," Mazanec said. "They are just watching the samples being taken." Green responded by saying that the commission discussed the matter with the steel mill and felt that the company, not the borough, should pay for the tests. He added that the testing will be done under the commission's supervision. "We felt that it was their responsibility to pay for this," Green said. The borough can do independent testing if there is a need after the steel mill releases the results, he said. Representatives from the steel mill are expected to attend the commission's next meeting, scheduled for July 9. The commission advised residents to call 1-800-WARN-DEP and to keep a record of dates and times when they notice problems. "If it is not documented, we can't bring it to the steel plant," Green said, "because they are going to say, 'You have no proof here.' "