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Planners propose annual public reporting on BNSF cleanup and monitoring affecting Whitefish Lake and River
Summary
Planning participants proposed an objective to obtain periodic public reports summarizing BNSF cleanup and monitoring activities for the Whitefish Lake and Upper Whitefish River, drawing on DEQ and EPA records; staff to define scope and how to obtain records.
City planning participants discussed adding an objective to obtain periodic reports summarizing cleanup and monitoring activities conducted by BNSF (the railroad) that affect the Whitefish Lake and Upper Whitefish River, relying on existing records from state and federal agencies.
One planning participant described a narrow, achievable step: request the documents BNSF submitted to the Montana Department of Environmental Quality (DEQ) and the U.S. Environmental Protection Agency (EPA) — for example, records about PCBs, mercury, and other contaminants — and ask a third party (WLI or a contracted consultant) to summarize findings in a public report. The draft language under consideration was: "Annually report on BNSF cleanup and monitoring activities related to Whitefish Lake and River." Participants suggested reporting to the city council and making the summaries public.
Why it matters: The railyard and past incidents (including an on-site fuel/oil spill mentioned in the meeting) were discussed as potential sources of contamination. Participants said accessible summaries of agency records would help the public assess contamination and cleanup progress without waiting for litigation or external reports.
What was not decided: The board did not adopt enforcement powers over BNSF, nor could it compel BNSF to produce reports; participants acknowledged that oversight and remediation authority rest with DEQ and EPA. The proposal focuses on the city obtaining and summarizing agency-held documents, not on directing BNSF cleanup actions.
Next steps: Staff will draft objective language specifying scope (lake, river or both), frequency (participants suggested annual or five-year reporting), and the responsible entity (city staff or contracted partner such as WLI) and will work with the public works or legal teams about how to request and summarize DEQ/EPA submissions from BNSF.
