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Please Come to Hearing Tomorrow on Coal’s Rollback of Laws
Bad Coal Truck Bill Introduced
Senator Vic Sprouse on Overweight Coal Trucks and Citizen Response
Our new billboard now up on I-64.
Storm Note: If you have been checking our website for daily news updates, please bear with us. Some of us are without electricity and phone lines (prediction 7-14 days to restoration) and some area news websites are behaving temperamentally.
PLEASE COME TO WED. HEARING ON COAL’S PET BILL TO ROLLBACK MINING LAWS
If you have dug out from the ice and snow and can do so safely, please come to the State Capitol tomorrow (Wed. Feb. 19). Please meet under the Capitol rotunda at 9:30 a.m. We’ll go together to the Senate’s Energy, Industry and Mining Committee hearing on Coal’s pet bill, which would ensure that no DEP mining regulations could be more stringent than any federal regulation. This bill would reverse a number of hard-won mining reforms, some directly related to mountaintop removal.
For more info on the rollback bill:
Industry
wants mining reforms reversed
Bill
prevents stricter environmental rules
Quick Web Action: Click on www.wchstv.com/. Go to “Question of the Day: Coal operators are calling for relaxed mining rules. What do you think?” (Feb. 18)
SB 583, CHAFIN’S BAD COAL TRUCK INTRODUCED
This bill was introduced Monday. Please call your Senators to tell them you are against this bill. If you like, take a moment to read the exchanges between Senator Vic Sprouse and citizens at the bottom of this action alert. Senator Sprouse and your own Senator need to hear from you on this issue.
This bill has been referenced to Senate’s Energy, Industry and Mining Committee and there may be action on it tomorrow. Meet us under the rotunda at 9:30, as per above, and we’ll see what’s up on this bill.
Please call Del. Virginia Mahan at (304) 340-3106 to thank her for her work in the House Judiciary Committee on HB 2603. She added an amendment that will implement the DEP's Flood Task Force recommendations. These rules will govern surface water runoff and sediment ponds. Most importantly, they are retroactive (which is good).
Please also thank House Judiciary Chair Jon Amores (304) 340-3252 for his work in getting this amendment passed (it passed unanimously).
Now the bill goes to the House floor where it should pass, but we need to call our Delegates and tell them to pass HB 2603 WITHOUT any further amendments.
Senator Snyder said he wants to take over as Secretary of the WV Department of Environmental Protection now that Mike Callaghan has left that position. On the Senate floor, Snyder reviewed his credentials and said, "DEP is a bureaucracy that is out of control." He stated that he as director he would get the mining permitting process down to a maximum of 90 days from application date. Perhaps under Snyder, DEP would stand for Department of Easy Permitting.
EXCHANGES WITH SENATOR SPROUSE ON OVERWEIGHT COAL TRUCKS
Dear State Senator Vic Sprouse:
I am one of the many West Virginians who oppose raising the weight limits for coal trucks operating in our state. I believe the weights should remain where they are and that enforcement and penalties should be increased.
Last year's vote in the House of Delegates confirms that a majority of West Virginians feel as I do. Please listen to your constituents and vote not to further jeopardize public safety. Also vote not to use more of my tax dollars to build up our roads and bridges to handle heavier loads. It's clear that without a tax increase, the money is simply not there to raise weight limits.
Raising coal truck weight limits is a bad deal for West Virginians! I urge you to support legislation like that recently introduced in the state House by Del. Mike Caputo. I support stepped-up enforcement and stiffer penalties, not increased weights.
Thank you, Kathryn A. Stone
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Kathryn,
Thank you very much for your email concerning overweight coal trucks and pending legislation.
I have laid out several issues that would need to be met before I would support any increase in truck weights.
#1 - Currently, trucks are averaging 160,000 to 170,000 with little to no enforcement. This would have to change. I would not support going over 120,000 lbs in any case.
#2 - Enforcement must be strict and must punish both shippers and receivers who take more than 120,000.
#3 - Fines for breaking this law (currently at $1,500), must be raised. I would support $10,000 or $20,000 a pop to guarantee trucks are not shipped overweight. This high of a fine would make it economically impossible for people to ship overweight.
#4 - Multiple speeding violations must mean suspension of the trucker's drivers license.
#5 - Only certain roads can be designated "coal hauling". These roads must be certified by DOH engineers that they can handle the load.
#6 - Damage to the roads must be paid for by the coal companies (some bonding must be in place)
#7 - Counties who do not mine coal should be ruled out of the legislation, i.e. only coal producing areas would be involved.
#8 - Strictly enforced speed limits on the coal hauling roads.
Thanks again for the email. I have done a great deal of research on the issue. I would support raising the limit to 120,000 only if the above stipulations are met.
I do not necessarily support a strict 80,000 lb limit for several reasons. For one, I think having double the number of coal trucks on the road (since most trucks are shipping today at 160,000) actually is less safe. While weight is certainly an important component, I also think that speed, driver skill, etc. are as much of a factor.
I think if all of the above stipulations would pass, then our roads would be much safer in the long run.
The current situation is unbearable. Our roads aren't safe and the situation gives huge instability to the industry. I think we can come to some reasonable compromise on this issue.
Thanks for taking the time to email me, it is much appreciated. Feel free to keep in contact with me as this issue moves forward.
Thanks again.
Vic (Sprouse)
----------------
Judy Bonds sent Sen. Sprouse an e-mail asking him, why, if he has researched this issue so much, he doesn’t mention that the legal limits on the secondary roads on which these oversized trucks run is 65,000-73,000 lbs.
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Kathryn, and Senator Sprouse
I would add the following:
The coal companies must reinforce ALL the roads and bridges BEFORE they are allowed a higher weight limit. They have too long a track record for abandoning mines and slurries and piles of waste. This State has a HUGE unfunded reclamation liability that NO ONE EVER Talks about.
Secondly, I would NOT recommend that the weights be increased to 120,000 without a strict guarantee and acceptance of any and all liability for accidents that can be attributed to higher weights.
Trucks of this proposed 120,000lb weight are normally only found in or on very restricted areas, or require an escort.
I have researched this with former clients who have all 8 classes of trucks in service--one has over 25,0000 trucks in service in North America. They are adamantly opposed to any class 8 truck being over 80,000 lbs. But because they are a very public firm, they will not go public with this posture. They do, however, use the same roads that the coal trucks use.
There is one very basic engineering fact to consider. As you load these coal trucks with coal, the center of gravity moves upward. The trailer becomes "tender" at these higher weights, and is exponentially more susceptible to rollover in a turn taken at higher, but legal speeds.
THIS NEEDS|TO BE RESEARCHED MORE CAREFULLY.
Sincerely, Allan Tweddle
---------------
Dear Senator Sprouse:
I have some information that might help you understand the dangers of overweight coal trucks, which might not have been explored.
I am taking the liberty of pasting your positions below with my comments following.
You said: I have laid out several issues that would need to be met before I would support any increase in truck weights.
#1 - Currently, trucks are averaging 160,000 to 170,000 with little to no enforcement. This would have to change. I would not support going over 120,000lbs in any case.”
My response: In the country where I lived in Ohio, the coal trucks weighing this much typically deliver between 3 to 4 AM when weigh stations are closed. They fly "under the radar" undetected. I feel certain this occurs in West Virginia. Have you ever wondered what the coal trucks are doing out so early? Follow them. They are delivering huge amounts of coal in the darkness of night to avoid weigh stations. I learned this from the drivers themselves.
#2 - Enforcement must be strict and must punish both shippers and receivers who take more than 120,000.
My response: Before you set any limits beyond 80,000 pounds please witness what happens to a coal truck when it is dumping it's payload. So much weight is shifted to the back of the vehicle that front wheels can come off the ground.
I am a physical therapist and treat coal mining injuries, coal-trucking injuries, and motor vehicle accident victim's injuries caused from overweight coal trucks. I have heard all their horror stories. I was most amazed to hear the coal bucket operators discuss amongst themselves their own fears of driving these heavy loads at night and backing up to unknown areas, and having their front tires lift off the ground. These men are under terrific pressures from the coal company to perform frightening, dangerous feats. Most of them are under so much pressure they refuse to list their previous injuries when I try to get a routine medical history from them for my records. NO ONE represents this horribly pressured population. They cannot speak for themselves out of fears of repercussion.
#3 - Fines for breaking this law (currently at $1,500), must be raised. I would support $10,000 or $20,000 a pop to guarantee trucks are not shipped overweight. This high of a fine would make it economically impossible for people to ship overweight.
My response: I agree that increasing the fine would mean a higher risk but they are not regulated well now. Will there be a mechanism built in the would assure improved regulation? For example, they will be fined only if they are caught. Delivering at night reduces risk of detection.
#4 - Multiple speeding violations must mean suspension of the trucker's drivers license.
My response: As I said these drivers are the little guys trying to stick to a schedule imposed upon them by the coal mine operators. It is a shame when victims are penalized for the schedules of the ruthless.
#5 - Only certain roads can be designated "coal hauling". These roads must be certified by DOH engineers that they can handle the load.
#6 - Damage to the roads must be paid for by the coal companies (some bonding must be in place)
#7 - Counties who do not mine coal should be ruled out of the legislation, i.e. only coal producing areas would be involved.
My response: It has been my experience that coal companies will cut through any other country to reach its destination. In time, they travel any undesignated thoroughfares that is to their advantage.
#8 - Strictly enforced speed limits on the coal hauling roads.
"Thanks again for the email. I have done a great deal of research on the issue. I would support raising the limit to 120,000 only if the above stipulations are met."
My response: Before raising the limit to 120,000 please check what happens with weight shifting during dumping. Everyone is aware that weight shifting on curves with high speeds are a dangerous mix. But I haven't heard anyone discuss dumping.
You said: I do not necessarily support a strict 80,000 lb limit for several reasons. For one, I think having double the number of coal trucks on the road (since most trucks are shipping today at 160,000) actually is less safe. While weight is certainly an important component, I also think that speed, driver skill, etc. are as much of a factor.
My response: in the case of dumping, speed, driver skill, etc. are not a factor. These men loose control of their trucks through sheer weight alone.
I would rather be on the road with twice as many SAFE TRUCKS than with one maverick overloaded speeding truck.
Thank you for your kind attention. I hope I have shed some light on this issue. Mining coal makes many victims: the surface owner, our precious land, the wildlife, the truck drivers, the miners, our earth's climate, and our enlightenment which instead has given way to blind niggardly determination to stick with fossil fuels.
If we had combined all the time, energy and resources we have spent trying to right this evil, we would have been long down the path of clean alternative energy by now and fortunes would have been made just the same.
Dianne Burnham
New Billboard on I-64 near Cabell - Putnam county line
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