Ripples

Super Wal-Mart Developers Must Obey the Law
A settlement in a lawsuit brought by Ogoochee Canoochee Riverkeeper and Altamaha Riverkeeper compels developers around a Super Wal-Mart complex to preserve more than 15 acres of wetlands and streams that flow into the nearby Ohoopee River. The lawsuit was brought after developer, Pine Tree II, illegally trenched a stream, removed a stream buffer, filled in wetlands and violated federal law by discharging excessive amounts of dirt into the surrounding streams and a downstream lake.
Development in the Swainsboro area has exploded in recent years, as have citizen complaints about pollution. The 15 acres of permanently protected wetlands and streams will help treat stormwater, prevent downstream flooding and provide vital wildlife habitat.

Affordable Heavy Metal Testing
Scientists at the University of North Carolina, Thermo Scientific and the Ohio Network for the Chemically Injured have created a new low-cost heavy metal testing program. The program allows anyone to test the levels of toxic metals in their home, school or work environments. Samples are analyzed for 26 different heavy metals including mercury, lead and chromium using innovative x-ray technology.

The program is part of research on the link between heavy metals and health problems. Identification of the sources of the heavy metals can help reduce or eliminate unnecessary exposures and can prevent diseases and injuries. Chronic daily exposure can cause permanent health damage. For further information visit the Detect and Protect Project at: www.ohionetwork.org

Quick California Action on Cooling
California Coastkeeper Alliance, a plaintiff in the federal court decision that ordered power plants to stop killing trillions of fish through once-through cooling technology, is making the court’s decision a reality in California.
To operate the three Southern California coastal power plants that use once-through cooling, the State Lands Commission leases land from the public.

Following the court’s decision in January, California Coastkeeper quickly drafted comments demanding that the leases be reopened within five years to ensure an expedited public review of the continued need for those systems. The Coastkeeper and partners also called for annual reports on the plants’ compliance to be clearly posted on the Internet, and asked the Commission to delete a rule that it conduct an additional review of the “feasibility” of new 316(b) requirements. The Chair of the Commission, incoming Lt. Governor John Garamendi and the other commissioners approved these changes unanimously and added that the plants must account for any public sand lost as a result of power plant siting.

Finally, as a result of a Coastkeeper Alliance exposé last year on the virtually nonexistent lease fees paid by wealthy plant operators — a mere $18 to $42 per year for two of the leases reviewed — the Commission raised the lease fees to $82,000 and $350,000/year, a long-overdue change that better reflects the value of the resources used.

Beachwalk
On Saturday, February 25, Indian Riverkeeper members joined Beachwalkers Stein Kretsinger and Robert Weinman as they traversed Florida’s Treasure Coast on their way from Miami to New York by foot and kayak. The pair is making the 1,600 mile trip to raise awareness of the need to protect coastal waters and to raise funds for Waterkeeper Alliance and Waterkeeper programs.

HONORS
Hackensack Riverkeeper
Hackensack Riverkeeper Captain Bill Sheehan was honored by Bergen Catholic High School at their 50th Anniversary special awards luncheon in Tenafly, NJ, for the pivotal role his environmental education tours have played in influencing public policy decisions in Bergen County.

Georgia Riverkeepers
The Georgia River Network, which works to empower Georgians to protect their rivers, recognized Ogeechee Canoochee Riverkeeper Chandra Brown as Conservationist of the Year, calling her an exemplary organizer and champion for her watershed as well as all of coastal Georgia. The Network praised Altamaha Riverkeeper as Watershed Group of the Year.

Upper and Lower Neuse Riverkeepers
The Neuse River Foundation was recognized as Conservation Organization of the Year for 2006 during the 45th Annual Governor’s Achievement Awards of the North Carolina Wildlife Federation Banquet held in Raleigh. The Foundation and the two Neuse Riverkeepers were commended for their continued work to preserve the health of the Neuse River

Supremes Uphold Trout Creek Case
The U.S. Supreme Court affirmed a stunning victory for fishermen and clean water advocates in the Hudson River watershed this February. The high court denied the appeal of a lower court decision stopping New York City from polluting Esopus Creek, a pristine, world-renowned trout stream in the Catskill Mountains.

In March 2000, a coalition of fishing and environmental groups including Riverkeeper, sued to stop the New York City Department of Environmental Protection from operating a tunnel that discharged polluted water into Esopus Creek. The city violated the Clean Water Act by transferring water with high levels of sediment through the 18-mile Shandaken tunnel to Esopus Creek without the requisite Clean Water Act permit. The city’s operation of the tunnel turned the clear Esopus Creek murky brown, destroying its renowned trout fishery.

In October 2001 and again in June 2006, a federal court unanimously held that transfers of polluted water between streams in different watersheds requires a Clean Water Act pollution permit — which the city failed to obtain.
“The Supreme Court’s action confirms that any transfer of pollutants between distinct and unconnected waterbodies without a permit is illegal. Our tireless efforts over these last seven years have affirmed the plain language and intent of the Clean Water Act,” said Daniel Estrin, Supervising Attorney at the Pace Law School Environmental Litigation Clinic. With the resolution of this case, the New York’s Department of Environmental Protection must pay a $5,225,000 penalty to the U.S. Treasury for violating the Clean Water Act.

Marsh Island Restored/Returned to the Public
Twenty-two acre Marsh Island in New Bedford, MA, will now be permanently protected after Buzzards Baykeeper and partners secured the last remaining eight acres. The island was once a rich coastal habitat dominated by a large salt marsh and two tidal creeks. But the island significantly deteriorated after becoming a dredge spoils disposal site in the late 1930s and early 1950s. With the site now fully protected, plans are underway to restore the salt marsh and make the island accessible to the public for recreation.

Seattle Stormwater on Trial
Polluted runoff is the number one source of water pollution in the nation and in Puget Sound. A lawsuit filed against the state by Puget Soundkeeper Sue Joerger will hold officials accountable for the damage polluted runoff causes to her watershed. Sue has enlisted a team of top-flight attorneys to challenge a pollution permit that relies on expensive, ineffective engineering methods to treat or slow down stormwater, rather than more effective and affordable methods that can eliminate stormwater runoff altogether. These advanced ‘green’ technologies have been adopted in other states and represent Puget Sound’s best hope for recovery. The Puget Soundkeeper Alliance is currently involved in 26 Clean Water Act citizen suits against egregious industrial stormwater polluters.

Roads & Tyranny
On January 30, Satilla Riverkeeper Board Member Kathy Wainright was cut short and ejected in handcuffs from a Brantley County Commission meeting as she tried to make headway with the Chairman Terry Thomas on critical road issues facing the county.

Roads in Brantley County are a major concern. The 700 miles of dirt roads that weave through Brantley are home to nearly a third of the county’s population. Schools, residents, utility providers and the Satilla River are regularly affected by mismanagement of the roads. When Kathy raised the County Commission’s unwillingness to budge over the issue at the meeting, Thomas cut her off before her time limit was up. Kathy defended her right to continue, but Thomas demanded that she promise not to speak for the rest of the meeting. When Kathy refused, Thomas called the Brantley County Sheriff’s Office and the Nahunta Police Department to have her handcuffed and removed from the meeting room. She was quickly bailed out by local realtor and Chairman of the Airport Commission Mary Gibson. Satilla Riverkeeper and Waterkeeper Alliance commend Kathy’s backbone and willingness to stand up for our rights and speak truth to power.

CRIME AND PUNISHMENT
Delaware Riverkeeper Boat Stolen and Vandalized
Last fall, Pennsylvania Yacht Club members and officials in Bensalem, PA, found Delaware Riverkeeper’s patrol boat 20 miles north of its home dock in Philadelphia. Riverkeeper recovered the 18-foot fiberglass patrol vessel, which had been stripped of its electronics, gear shaft and motor. Large gashes and holes had been cut into the boat’s hull in multiple locations — perhaps an effort to sink the boat.

The Riverkeeper patrol boat was the only boat taken from the marina that day and no unusual behavior was observed. The question remains unanswered whether the vandalism was done in retaliation for Delaware Riverkeeper’s firm stance on issues to protect Delaware Bay, such as their opposition to deepening the river or the development of Petty’s Island. If you have more information, or would like to make a donation towards a new boat go to www.delawareriverkeeper.org

Three Years Later — Russian Riverkeeper Boat Returns
This January, Russian Riverkeeper Don McEnhill received a call from the California Highway Patrol. Apparently, someone tried to register Russian Riverkeeper’s patrol boat, stolen from Don’s driveway three years ago, immediately after the group busted a major mining firm for a permit violation.

The boat was in almost the same condition as it was when stolen, except for scrapes where decals were located. The man who registered the boat said that he got it “from someone for free, who got it from someone else, who got it from someone else, who ‘found’ it.” After some touch ups, the Russian Riverkeeper boat will be back on the water.

Crime Doesn’t Pay on San Francisco Bay
Years ago, San Francisco Baykeeper busted a small shipyard that was dredging at night and dumping the heavy-metal waste outside. Shortly afterwards Baykeeper’s boat was broken into, their GPS, depth sounder and radar were stolen and their log book was shredded and thrown into the bay.

Baykeeper reported the crime to EPA’s Criminal Investigation service. EPA sent in a team who removed all of the shipyard’s records and filed a criminal case, which ultimately resulted in the first criminal conviction for an environmental incident on the bay. The shipyard owner was sentenced to one year in jail and his assistant sentenced to six months for the environmental crime.

End in Sight:
Court Rules On Shenandoah Nutrient Pollution
On February 22, Honorable Judge James V. Lane ruled favorably on the State of Virginia’s lawsuit against the S.I.L. wastewater treatment plant in Timberville, VA. Shenandoah Riverkeeper, Potomac Riverkeeper and Waterkeeper Alliance initiated the case that state officials later took over on behalf of the people of Virginia.

Judge Lane’s decision will force the wastewater treatment facility to take immediate steps to upgrade treatment equipment and eliminate illegal discharges.

“Though the court’s ruling is a temporary injunction, many of these changes will likely result in a permanent improvement in downstream waters,” said Bill Gerlach, Waterkeeper Alliance staff attorney. Judge Lane set the hearing for the Permanent Injunction for July.

The owner of the wastewater treatment plant has filed for Chapter 11 Reorganization under federal bankruptcy law. “The facility argued it needs bankruptcy protection to reorganize and make the needed upgrades,” says Shenandoah Riverkeeper Jeff Kelble. “We just want them to do whatever it takes to stop this pollution. These improvements, along with steps that farmers and others in the watershed are taking, will make a big difference in the health of the North Fork Shenandoah River and Chesapeake Bay.”

This litigation was initiated by Shenandoah Riverkeeper, Potomac Riverkeeper and Waterkeeper Alliance on August 11, 2006. The groups filed a notice of intent to sue S.I.L. Cleanwater LLC, also known as the North Fork Modular Reclamation and Reuse Facility, under citizen’s provisions of the Clean Water Act. The environmental groups’ research showed that S.I.L. Cleanwater amassed astounding violations of annual permitted limits for phosphorous and nitrogen release into the North Fork Shenandoah River over several years. The groups’ greatest concern was that S.I.L. had violated its phosphorous limits by about 900 percent during 2005, which means they had released nearly 56,960 pounds more phosphorous than they were allowed under the law during a single year. They also violated their phosphorous discharge by more than 300 percent in 2004 and 500 percent in 2006. There were also a host of violations relating to raw sewage overflows.

As a part of the pending case Shenandoah Riverkeeper worked to document the environmental degradation of the North Fork associated with these illegal discharges. Shenandoah Riverkeeper collected water samples above and below the plant’s outflow. Certified lab results showed substantial increases in nitrogen and alarming amounts of phosphorous — up to 140 times greater below the outflow. Shenandoah Riverkeeper also gathered evidence of massive algae growth in rocky riffles below the discharge, where little or no such algae was present upriver.

The Clean Water Act citizen suit legal provisions require that citizens file a ‘notice of intent to sue’ with the polluter and the state, and then allow 60 days before moving forward with a lawsuit. In this case, the Virginia Attorney General filed their own lawsuit against S.I.L., preempting the Riverkeepers’ citizen suit.

“Concerns we had about the Virginia taking over this case were alleviated by the Attorney General’s aggressive prosecution of the case,” said Shenandoah Riverkeeper Jeff Kelble.

Contractor Fined
South Riverkeeper Drew Koslow was running an errand near an outfall in the Annapolis Town Center this January when he pulled over and got out of his car. For weeks, Drew suspected that illegal discharges were happening regularly from the outfall, but wanted to catch the polluters in the act. Drew found muddy water flowing from a construction site through the outfall. Drew notified the County Inspections and Permits Office who caught a contractor pumping water from one sediment trap into another, causing the receiving trap to overflow. The contractor was fined $500 and was required to stop pumping water immediately. 

Chemical Weapon Dumping Plan Defeated
This January chemical giant Dupont announced that it would pull out of a U.S. Army plan to dump byproducts of a deadly chemical weapon in the Delaware River. The plan called for the transportation of 1,250 tons of the nerve agent VX hydrolysate from Indiana to Deepwater, NJ for treatment and disposal. VX is one of the deadliest nerve agents ever produced and presents a disposal challenge because it is difficult to break down, highly flammable and not uniform in its constituents. The transportation and disposal of the waste would have seriously endangered aquatic life and the public health of millions.

Since the plan first surfaced in 2004, NJ elected officials have remained steadfast in their opposition to the plan to treat VX byproducts at Dupont’s Salem County facility and dump the waste into the Delaware River. The final blow to the plan came when Delaware Riverkeeper and co-plaintiffs from New Jersey, Pennsylvania, Delaware and Kentucky filed a complaint in federal district court against the Army in December. The lawsuit challenged the Army’s plan to import on the grounds that federal law bans the transportation of chemical weapons across state lines. Delaware Riverkeeper also called on the Army to complete an environmental impact statement for the project. Until then, the Army had not undertaken the necessary studies on the project’s impact on the Delaware River and the surrounding environment. On Friday, January 5, Dupont made the unexpected announcement that it would pull out of the proposed treatment project putting an end to the proposal.

Initially, the U.S. government had plans to destroy the waste onsite in Indiana, but the facility there had yet to be built and the federal administration sought a faster way to dispose of the waste after the attacks of September 11, 2001.

Delaware Riverkeeper has asked the Army to destroy the VX onsite in Indiana using the most environmentally safe method possible and will continue to follow the issue to ensure that the Army safeguards the public and the environment.

Radioactive Sign
For over a decade SRB Technologies — a company that makes glow in the dark signs — has been fouling the air and groundwater of Pembroke, Ontario with radioactive tritium. Local residents can no longer eat vegetables from their gardens due to dangerous levels of tritium, while groundwater at the site is contaminated far beyond Canadian drinking water guidelines.

The company planned to solve the problem by diverting the toxic stack drippings and groundwater through Pembroke’s sewage treatment plant into the Ottawa River — diluting the pollution rather than cleaning up their mess. The Concerned Citizens of Renfrew County and Ottawa Riverkeeper alerted media outlets and the public on the company’s misguided plans. After a two-day hearing, the Canadian Nuclear Safety Commission officially denied SRB Technologies license to process tritium at its Pembroke facility.