No warning signs on PSEG penta-treated utility poles, despite new North Hempstead requirement

PSEG Long Island has yet to comply with a new North Hempstead Town law that requires companies to affix labels to recently installed utility poles that have been treated with one of several toxic preservatives.

"The law is in effect but to our knowledge PSEG has not complied," said Carole Trottere, a spokeswoman for the town.

PSEG spokesman Jeff Weir said the utility was "continuing to explore its options" and will make a decision about meeting the law in "the coming months."

The law, passed 7-0 by the town board, took effect Sept. 19 to address concerns about a wood preservative known as pentachlorophenol, or penta, after PSEG Long Island started transmission projects that set high-voltage power lines on fatter, taller poles in Port Washington and East Hampton.

The North Hempstead law requires utilities to place a 41/2-by-7-inch warning notice on the pole that states "This pole contains a hazardous chemical. Avoid prolonged direct contact with this pole. Wash hands or other exposed areas thoroughly if contact is made."

The measure applies to any utility pole installed in North Hempstead after Jan. 1, 2014, and requires the notice be placed no more than 5 feet high on every fourth pole in a line. Penalties of $500 for the first conviction and $1,000 for the second will take effect beginning March 1, Trottere said.

East Hampton Town officials also had considered a pole-labeling measure, but instead are working with East Hampton Village to conduct tests of groundwater around newly installed utility poles treated with penta to determine if the chemical is impacting water, said town Supervisor Larry Cantwell.

Samples were taken recently near at least three penta-treated poles to determine if traces of the chemical are present. The results are expected in two weeks, Cantwell said. He declined to say what action the town would take if traces are discovered. The testing cost of about $3,500 is being split by the town and village, he said.

About 95,000 of LIPA's 324,000 utility poles have been treated with penta, PSEG officials said.

The federal Environmental Protection Agency considers penta to be "extremely toxic" to humans and a "probable human carcinogen," but has approved its use on poles. The state Department of Health, citing federal findings, has said its use on poles "would not pose an unreasonable risk to humans or the environment."

In September, Assemb. Fred Thiele (I-Sag Harbor) and Sen. Kenneth LaValle (R-Port Jefferson) said they would introduce a state law to ban future use of penta for treating poles and require warning labels on existing penta-treated poles.

East Hampton residents first raised concerns about penta on utility poles earlier this year after PSEG installed hundreds of new poles in the town and village, including a residential neighborhood, to accommodate new high-voltage transmission lines. The town issued a stop-work order at an Amagansett substation where the transmission project ends, stalling the project since the summer and starting a legal battle that remains in State Supreme Court. Residents have also sued PSEG, saying the project affects their health, area aesthetics and property values. They want PSEG to cover costs to bury the transmission lines.

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.