Residents of an East Hardwick,Vermont, neighborhood that endured and then fought the pollution and noise of heavy-dutytruck idling daily in a Compact Residential zoning district for nearly nineyears won a Notice of Violation (NOV) judgment orderfrom the State of VermontSuperior Court Environmental Division on March 4, 2015 that effectively prohibitsa truckingcompany from continuing operation of commercial truck tractors inthat district.
John Mandeville, an appellantin the case, following issuance of judgment, stated, “…the whole neighborhoodis much relievedthat this is over and that we were successful in our casebefore the Environmental Court and, as a result, we will get our nice,quietvillage back.”
A summary of the facts in thecase:
· Atrucking company has owned property in an East Hardwick Compact Residential neighborhoodsince 2006, with twotrucking related businesses registered at their address. Residentsof two properties who are the appellants in the case,are located next to andacross the street from the trucking company. The street encompasses a quietneighborhood ofresidential dwellings.
· The truckingcompany has had two diesel-powered commercial truck tractors (that pulltrailers) stored on their property,used for long and short haul trucking.
· On-sitemaintenance on the tractors combined with long warm up periods resulted inprolonged engine idling. The idlingoccurred for up to 45 minutes at a time atall hours of the day or night. Associated with this idling was noise,vibrations,and diesel exhaust fumes that would prevent the appellants fromopening their windows or sitting on their porches.
· TheEnvironmental Court judgment overturned a Town of Hardwick Development ReviewBoard determination in favorof the trucking company, ruling that they were notin compliance with Town Bylaws; the Town intends to abide by thecourt’s decision.
In the wake of this case, itis important to note that, 1. engine manufacturers and experts in the truckingindustry make it clearthat prolonged idling is rarely necessary and, 2. continuedexposure to vehicle exhaust chemicals, particularly from heavy-dutyvehicles, isharmful to human health. Children and the elderly are most vulnerable. Theseexhaust chemicals can causecancer and respiratory illness such as asthma;Vermont has elevated levels of asthma.
Idle-Free VT Inc. is a 501c3 nonprofitorganization with a goal of raising awareness ofunnecessary vehicle idling (idling whenparked) in Vermont primarily througheducation. It also encourages adoption of policies and procedures, andenactment oflaws, to limit vehicle idling.