Niagara Falls Water Authority launches taxpayer-funded probe to uncover whistleblower

These secretly taken pictures of illegal frack water stored at the Niagara Falls Water Authority on Buffalo Ave. were leaked to the Reporter and law enforcement officials. Now the law breakers want to find out who took the picture and punish the whistle blower who turned them in.

The Niagara Falls Reporter has learned that Paul Drof, the executive director of the Niagara Falls Water Authority, has launched an investigation to find out the identity of the person who leaked pictures of illegal frack water stored at the water authority treatment plant on Buffalo Ave to the Reporter.

According to Water Authority board member, Thomas Vitello, “private investigators are trying to recreate where the images were taken to see if they can expose how it was taken and where it was taken,” he said.

Vitello said the investigation is being conducted to find out “whether someone got entry onto the property and was able to take (secret) photos. … We are more concerned about the security of the facility than if there is a whistleblower.”

On August 16, the Reporter received photos of containers labeled “frack water," purportedly taken at the sewer facility. Storage of frack water is illegal in Niagara Falls since March 6, when the Council passed an ordinance banning hydrofracking-related activities, including treatment of “fracking” waste, as well as storing, transferring or disposing waste from fracking activities within city limits.

The photos were also sent to the city's acting Code Enforcement Director Dennis Virtuoso and Niagara Falls Police Chief John R. Chella who met with Water Board Executive Director Paul Drof that day.

According to Virtuoso, Drof admitted it was fracking water and it had been accepted by the facility prior to passage of the ordinance for testing.

He said he was unaware that the fracking water was there.
Drof told the Reporter shortly afterward, “The sample in question, fracking water, was removed by the consultant. It was his water. Within one hour of being notified that it was still on our premises, the water was removed.”

Water Board Member Renee Kimble identified the consultant as GHD (www.ghd.com) which has offices in Amherst New York.

The focus, however, has turned not on how illegal frack water was on site five months after the fracking ban was imposed, but rather how the pictures were taken and perhaps more significantly -- who took the photos.

Vitello admitted there is a desire to learn the identity of the photographer.
“One leads to the other,” he said. (if it is an employee) he would probably not be terminated, or given time off. He would probably be told ‘you work for us and what you did was wrong.’”
Shortly after the anti-hydrofracking ordinance was passed, Water Board chairman Mike McNally told the City Council they “overstepped their boundaries."

He, along with board member Nicholas Marchelos, voted to sue the city over the ban. Their measure failed when three board members Vitello, Renae Kimble and Ted Janese voted against filing the lawsuit.

Now the board has authorized the expenditure of public dollars to hire private investigators.

Vitello said he did not know what the final cost would be.

At least one investigator was at the plant earlier this month talking to employees.

Local 9434 United Steel Workers Union President, Jim Anthony, whose members work for the water authority, said he spoke with Drof about the investigation.

“They don’t know who took the pictures, but (Drof) is trying to find out,” he said. “I am not sure why they need an investigation into who took the pictures in order to determine if they need extra security. But we are going to stand up for our men, if they did something they thought was right.”

Anthony said “(Drof) did say that if there is somebody in the shop who took the pictures, he wants to see them punished.”
Water board member Renee Kimble said she initially supported the investigation because she was told it was based primarily on security concerns.

“That’s how they couched it,” Kimble said. “Beef up security. There is a possibility that a person from the outside is coming in and taking a picture. But I am against any witch hunt. Whistleblower laws are there to protect employees and the general public. To require someone to go tell the guy that breaks the law? Get real!

“This person was doing a service to the general public by making sure that this information got out before the general public, because they did not want a cover up.”

Choolokian, the man who crafted the fracking ban, has a stronger opinion about the purpose of the investigation.

“It is hard to swallow that they think that someone from the outside just happened to wander in and found frack water in the laboratory and took a photo,” Choolokian said. “Do you know how large that treatment facility is? Even if I told you how to find it, you probably couldn’t in that giant facility. This isn’t about an outsider getting in, but an attempt to find out who took the picture so they can punish that person. They are using that excuse to find out who blew them in when they were doing something illegal.”

When contacted by the Reporter Drof said he was too busy to speak and could not find time to make himself available for days.

“It is not a good time right now,” Drof said.

The Reporter contacted the individual who leaked the photos to get his/her view of the investigation.

“There are people in this world who are willing to poison your drinking water for their profit. What I did was for the people of Niagara Falls,” said the person. “Drof and others knew, or should have known, that frack water was there illegally. The sole purpose of their investigation is to retaliate. It is a witch hunt.”

Kimble agrees, “The water board did something illegal. They were not supposed to have fracking water. Now they are conducting this investigation about something illegal they did, so what’s the point?”