News
Shipyard Caught Red-Handed
The Puget Soundkeeper was looking for illegal pollutant
discharges and found what she was looking for. A pipe,
haphazardly jutting from Duwamish Shipyard’s graving dock, was pouring foul-smelling water directly into the Duwamish River.

The Soundkeeper team went to work immediately. Skipper Paul Frederickson backed the Soundkeeper vessel into the discolored pool forming below the pipe. Puget Soundkeeper Sue Joerger got on her cell phone to the regional Department of Ecology inspector to report the water quality violation. Richard Woo, Executive Director of the Russell Family Foundation, who was on the boat for a tour with the Soundkeeper, took photos to document the incident. They filled over a dozen water
bottles with samples of the discharge. Later, analysis at the King County Environmental Lab indicated high levels of copper, zinc, fecal coliform, and sediment.

A citizen had reported a similar event to the Soundkeeper’s Pollution Hotline the previous week. Later, a third incident was documented by another Puget Soundkeeper patrol.

The Duwamish Shipyard is a ship repair facility that services tug boats, barges, fishing vessels, passenger ferries, and pleasure craft.
The Duwamish River drains into Elliott Bay in Seattle, Washington.
On October 1, the Washington State Department of Ecology issued a Notice of Violation to the Duwamish Shipyard. On October 27 the Duwamish Shipyard denied two of the three events. The State is now assessing whether to issue a penalty. The Soundkeeper is continuing its patrols.

Terry Tamminen, Former Santa Monica Baykeeper,
Appointed California Cabinet Secretary
Governor Schwarzenegger has tapped Terry Tamminen to fill the position of Cabinet Secretary beginning December 1, 2004. Tamminen founded Santa Monica Baykeeper in 1993, initiating the recently settled City of Los Angeles sewage case, and serves on the California Coastkeeper Alliance Board. Tamminen previously served as California’s Secretary of the Environment.
In his new position he will serve as a direct liaison between the
governor and cabinet members, which includes all agency and department directors.

Chicken Parts Lawsuit Settles
This summer Columbia Riverkeeper discovered that the Point Adams chicken processing facility was illegally dumping hundreds of thousands of pounds of Foster Farm raw chicken parts waste into the Columbia River. After surveillance of the facility and an investigation, the Riverkeeper
alerted the plant that they were preparing a lawsuit and alerted authorities at the U.S. EPA's criminal division. EPA raided the facility shortly thereafter, seizing documents and computers for possible criminal prosecution.

The processing facility ceased the illegal chicken discharges and agreed to pay $200,000 to settle violation claims. Under the settlement, Columbia Riverkeeper will direct funds to groups working for river protection to restore and defend the Columbia River. Eighty Thousand dollars will go to support restoration on the Skipanon River, important salmon spawning habitat for Columbia River salmon. An additional $40,000 will go to the Columbia Springs Environmental Education Center to purchase some of the last spawning habitat for chum salmon in the Columbia Basin. The settlement will go a long way to restore damage to the river and dissuade other polluters.

Internal EPA Investigation Slams Agency
Environmental Protection Agency’s own Office of the Inspector General issued a scathing report on Thursday, February 3, harshly criticizing the methodology and the content of its proposed
mercury emissions rule.

Under the Clean Air Act, Congress instructed EPA to create a mercury reduction plan that reflected the mercury emission levels that top
performing units are actually achieving in their day-to-day operation – a
standard that is referred to under the Act as the Maximum Achievable Control Technology or MACT. Instead, the Inspector General’s report found that "EPA senior management instructed EPA staff to develop a MACT standard for mercury that would result in national emissions of 34 tons annually."

These EPA officials set a goal that would save industry money, instead of one that was truly achievable by the industry and protective of human health. Not coincidently, 34 tons is the same amount of mercury that would be emitted by the industry if they installed absolutely no mercury control technologies, but simply complied with other provisions of the Clean Air Act that require reductions in emissions of other dangerous gases from
coal-fired power plants.

EPA’s proposed rule is due to be finalized by March 15, 2005.

Oil Spill on the Delaware
On the evening of November 26, as many were enjoying Thanksgiving leftovers, the Delaware River was suffering its worst oil spill in decades. As many as 473,000 gallons of Venezuelan crude spewed into the River from the Greek oil tanker Athos I.

The oil tanker was maneuvering to come in to dock when it hit a 15 foot curved hunk of rusting steel resting at the bottom of the Delaware. The impact tore two holes into the bottom of the single-hulled tanker.
The thick crude oil spread quickly, covering more of the River and, with the tides, flowing up tributary streams contaminating sensitive habitats, wildlife, and water quality. Dense slugs of tar (some five feet thick), small tar balls, and a slick oily sheen spread over 60 miles down the River to the Delaware Bay and into the ocean. A toxic, industrial stench hung heavy over riverside communities. After just two weeks, 119 miles of shoreline were contaminated.

Delaware Riverkeeper Maya van Rossum’s first order of business was to help the community learn what had happened and how they could help. More than 95 Delaware Riverkeeper Network volunteers joined in to
gather information on the environmental harm; identify areas in need of
protective measures such as booms; spot where protective measures were failing and in need of repair; and locate and report injured wildlife. While oil continued to spread, tanker owners and operators looked for a way out, publicly blaming the Army Corps of Engineers, the federal agency
responsible for dredging the Delaware River’s main navigation channel.

But responsibility for an oil spill falls squarely on the shoulders of the tanker owners and operators. Navigating an oil tanker is always risky.
It is also a privilege that comes with the responsibility to avoid and repair this kind of harm. The Riverkeeper, along with Delaware Riverkeeper Network members, volunteers, and the surrounding communities, will now work to ensure that those responsible pay natural resources damages to support scientific studies of the environmental impacts of the spill and
projects that will help the River heal.

Erie Canal Fuel Spill
Ice and Delay Hampers
Cleanup of
Shawn and John Lessord with the Erie Canalkeeper in Western New York have been busy this holiday season with a nearly 30,000-gallon fuel oil spill from a pipe owned by Buckeye Pipe Line Company. The spill was discovered December 15, several days after a 10-inch underground pipe was apparently ruptured by an excavator, spilling gasoline and diesel fuel. Unfortunately, the spill was not reported until alert citizens contacted officials about the strong smell of oil and oil visible in the Canal. About 700 barrels of fuel leaked into the ground around the underground pipeline, which then flowed 200 feet into the canal. Oil has contaminated 20 miles along the Canal and is now feeding into local streams. Cleanup has been hampered by ice, which interferes with the booms and vacuum trucks designed to handle spills in free-moving water. Buckeye has signed a long-term cleanup plan, or "stipulation agreement," with the state Department of Environmental Conservation. Erie Canalkeeper commends the agency and Op-Tech Environmental spill response teams for their diligent efforts during subzero weather. Erie Canalkeeper will now work with state officials to set more stringent response procedures for future spills.

Lower Miss. Riverkeeper
and Friends Brief Louisiana Officials
The Lower Mississippi Riverkeeper together with the Louisiana Environmental Action Network and the Bluff Swamp Wildlife Refuge and Botanical Gardens gave senior staff from the Louisiana Department of Environmental Quality a tour of fragile wetlands that are part of the historical Mississippi River basin. During the tour the agency staff were briefed about environmental problems along the "chemical corridor" (the stretch of the Mississippi River between Baton Rouge and New Orleans).

When Is a Georgia Stream Not a Stream?
Georgia’s rivers were recently dealt a vicious blow by the Board of the Georgia Department of Natural Resources. Despite strong public opposition, the Board voted 11-5 to remove protections for small streams. This decision demonstrates an insidious process at work within the political system.

At a recent meeting, a Board member, who is also a real estate developer,
proposed ostensibly off-the-cuff revisions to regulations designed to protect water quality. Serendipitously, four Georgia Riverkeepers were scheduled to meet for an outing on the Canoochee River two days after the Board meeting. That outing turned into an on-the-water strategy session to save Georgia’s rivers.

The Georgia Riverkeepers and other conservationists mounted extensive opposition to the proposed revisions. In response, the DNR Board replaced the legally questionable, hastily worded
language of the previous meeting with a revised definition of "stream flow" which effectively removed protection for small streams. Of the nearly 1000 public comments submitted to the DNR Board, better than 50 to 1 were strongly against the change. In spite of this opposition, and the opposition expressed immediately before the final vote by landowners testifying about the property destruction downstream from developments, by bass and trout fishermen who talked about the impact of stream destruction on
fishing, and by outfitters and business
owners discussing the importance of clean, clear water to their economic interests, the Board still voted to remove protections for small streams.

But the fight for Georgia’s streams is not over. "The Georgia Riverkeepers will continue the effort to protect these small streams until they are afforded
the protection they deserve," said Sally Bethea, Upper Chattahoochee Riverkeeper. "We are not going to take this lying down."

58 Years
Too Long to Wait For Clean Water in Maryland
On December 10, the Potomac Riverkeeper, Assateague Coastkeeper, Chester Riverkeeper, and South Riverkeeper filed suit against U.S. EPA to compel the federal government to take responsibility away from Maryland for setting pollutant limits for state waterways. The federal Clean Water Act requires states to set "total maximum daily loads" (TMDLs) for pollution into waterways that are unsafe for their "designated uses" (including drinking, swimming, and boating). The initial deadline for setting TMDLs was 1979. The Maryland Department of the Environment did not submit its first TMDL to EPA until 1998, and currently is setting limits for an average of 19 impaired water bodies a year. At this rate, the state will not be finished until 2037, 58 years after the initial deadline to set these limits.

Waters throughout the state are impaired by pollutants such as bacteria, metals, nutrients, sediments, and toxic substances. The University of Maryland Environmental Law Clinic is representing the Chesapeake Waterkeeper programs.

Proposition O
For Clean Water Passes in Los Angeles
On November 2, 2004, voters in Los Angeles went to the polls and declared a historic mandate for clean water. Faced with increasingly stringent regulations, city officials have recently been struggling with how to pay for solutions to water pollution problems. Over several months, Santa Monica Baykeeper and other environmental organizations worked with the city to carefully craft Proposition O – a measure to increase funding for water improvement projects. These projects will benefit every L.A. neighborhood by upgrading storm drains, eliminating flooding, creating community parks, restoring wetlands, and improving water quality. Along with environmentalists, neighborhood organizations, business groups, and dozens of city and state officials supported the measure, which had no
formal opposition.

The $500 million bond secured a 75 percent "yes" vote, easily
surpassing the two-thirds margin necessary. Monies will be raised through property taxes, averaging about $35 a year on a $350,000 home for 24 years. The measure provides a strong accountability element, including the
appointment of a citizens oversight committee that will review proposed projects to make sure they are responsible, cost-efficient, and result in real water quality improvements. Also notable about Proposition O is that it passed with such a high margin of victory. Several other spending measures on the local ballot failed, but the public clearly put the basic need for clean water as a top priority.

State Officials Back North Carolina Riverkeepers to Stop Sewage
The Upper Neuse Riverkeeper Dean Naujoks and Lower Neuse Riverkeeper Larry Baldwin successfully defeated a controversial proposal that, if approved, would have more than doubled nitrogen pollution into the drinking water supply for 380,000 people. In spring 2004 the town of Butner, North Carolina, purchased water pollution trading credits for 61,300 pounds of nitrogen per year from a downstream municipality. This permit, if allowed, would transfer the pollution more than 250 miles up the Neuse River into Falls Lake – headwaters of the River. Town officials claimed the expansion was necessary for needed plant expansion and economic growth.

But Falls Lake already suffers from too many nutrients. Neuse Riverkeepers argued that increased nitrogen loading would further degrade water quality in Falls Lake, imperiling the waterbody, and that the trade violates the federal Clean Water Act, which forbids expanding
discharges that "contribute to a violation of water quality standards."

This fall, the North Carolina Division of Water Quality agreed to host a public hearing after the two Neuse Riverkeepers brought this issue to the attention of state officials, EPA, and the media. Public turnout exceeded the capacity of the room and a second hearing was scheduled so that all
speakers could be heard. A strong, coordinated grassroots campaign
covering both ends of the Neuse river basin generated about 1000
comments asking the agency to deny the permit. The Riverkeepers also obtained support from municipalities and numerous state legislators throughout the river basin, including State Senate President Marc Basnight and State Attorney General Roy Cooper. The Attorney General’s office went even further, questioning the merits of water pollution trading. City officials have withdrawn the proposed trade until a study of Falls Lake is completed and a new nutrient management plan is completed.

Sweet Home
Turning Around Alabama’s Department of Environmental Management.
By Casi Calloway
When I was growing up, I never thought that I would return to Alabama after college. Many of my friends felt the same way. We wanted to live and work in big, fast-paced cities in the north, until we realized the potential of the great state we had left behind.

Unfortunately, many things must change for this state to live up to the
slogan we all used to sport on our license plates; "Alabama the Beautiful."
Our state currently ranks 50th in the nation in spending on matters of
environmental protection. Alabama was among the last states to create an
environmental protection agency, and that only happened at the federal
government’s behest. Even then the Alabama Department of Environmental Management" (ADEM) seemed to be nothing more than a "one-stop" pollution permitting shop. ADEM’s lax enforcement of permits and failure to collect fines from known violators made headlines and brought even more negative attention to Alabama.

In 2002, however, seven environmental organizations joined forces to form the ADEM Reform Coalition. The Coalition is guided and supported by Mobile Baykeeper, Black Warrior Riverkeeper, Hurricane Creekkeeper, and Choctawhatchee Riverkeeper. I am happy to report that we are making real progress in our mission to make sure that ADEM works "for the people (and) by the people" as it claims to do. Our most recent achievement is the replacement of ADEM’s long-time director Jim Warr. Mr. Warr’s unwillingness to work toward environmental protection has long been a source of contention.

ADEM’s Board of Directors finally acknowledged the problems with Mr. Warr’s leadership on October 19, 2004 and elected to terminate his tenure as director. Now Mobile Baykeeper and coalition members will play a direct role in the selection of a new director by serving on the stakeholder committee charged with that task.

Alabama is at a crossroads. We can select a new
director who will uphold ADEM’s mission "to protect and improve the quality of Alabama’s environment and the health of all its citizens," or we can hire another industrialist fat-cat. We will fight for the appointment of a responsible director committed to the protection of Alabama’s natural resources. We will do all we can to ensure that Alabama remains a place worth coming home to.