Sole Source Aquifer | Rosemere Neighborhood Association

National Marine Fisheries Service Says Clark County’s Stormwater Plan is Deficient and Will Harm Salmon

June 23, 2010 Author: admin
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Under a lopsided deal reached in early January 2010, the Washington State Department of Ecology (Ecology) agreed to allow Clark County to retain inadequate stormwater standards for new development in exchange for a promise to implement county-funded stormwater mitigation projects. In February 2010, Rosemere Neighborhood Association, along with Columbia Riverkeeper, and Northwest Environmental Defense Center, appealed Ecology’s special deal with Clark County to the State Pollution Control Hearings Board in an attempt to repeal Clark County’s faulty stormwater management plan. The three conservation groups also filed a 60-day Notice of Intent to Sue Clark County in federal court for violations of the Clean Water Act. Earthjustice, a public interest law firm, represents the three conservation groups in these legal challenges.

Local residents and clean water advocates argue Washington State authorized inadequate development standards in Clark County’s stormwater permit that will generate illegal stormwater pollution, and that the stormwater pollution will also harm endangered species of salmon and their habitats.

Clark County’s Phase I municipal stormwater permit is issued under the National Pollutant Discharge & Elimination System program (NPDES) and is administered by the US Environmental Protection Agency. In turn, EPA defers management and enforcement of the federal stormwater management permit to Ecology. In the appeal, Rosemere et al cite that Ecology is not properly enforcing the federal stormwater permit.

In June 2010, The National Marine Fisheries Service (NMFS, part of the National Oceanic and Atmospheric Association) issued public comments on Clark County’s alternative municipal Phase I stormwater permit. Clark County is home to 15 endangered species of salmon, steelhead, smelt and sturgeon. NMFS states that Clark County’s stormwater plan will not meet required goals to protect these fisheries and concludes that “adverse effects to listed (endangered) salmon will be significantly increased.” Stephen W. Landino, the Washington State Director for Habitat Conservation, states that NMFS “strongly encourage(s) the EPA to object to the issuance of this (Clark County) permit.”

To read the NMFS comment letter, please click here. [Read More...]
Columbia River Crossing Project Environmental Impact Analysis

May 31, 2010 Author: admin
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I-5 Interstate Bridge Over Columbia River

In Summer 2008, a Draft Environmental Impact Statement (DEIS) was released on the Columbia River Crossing Project, and various environmental organizations, including Rosemere Neighborhood Association, submitted public comment to show that the draft document was incomplete and full of data gaps. Concerns were also raised regarding the draft’s compliance with the National Environmental Policy Act.

Since the release of the DEIS, Rosemere has met several times with Columbia River Crossing (CRC) staff and has raised concerns regarding the project’s impact on the environment, including the aquifer system that provides Clark County residents with drinking water and local streams within the construction footprint.

In 2005, Rosemere submitted a petition to EPA requesting that agency to designate the Troutdale and Unconsolidated Alluvium Aquifer System in Clark County, Washington, as a Sole Source Aquifer. The EPA defines the Sole Source Aquifer Program as a tool used to protect drinking water supplies in areas with few or no alternative sources to groundwater resources, and where such an aquifer is vulnerable to contamination. Sole Source designation requires at least a 50% dependence on an aquifer for its potable water supply. Factual analysis provided by Rosemere and its partners shows that 99.4% of the potable water used in Clark County is obtained from groundwater. In August, 2006, EPA officially granted Rosemere’s petition and designated Clark County’s Troutdale Aquifer System as a federally protected Sole Source Aquifer. One of Rosemere’s goals was to ensure adequate environmental review of the CRC project under the federal Sole Source Aquifer program. [Read More...]
EPA Moves Forward With Site Inspection of Camp Bonneville for Consideration to List as Superfund Site

March 6, 2010 Author: admin
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The US Environmental Protection Agency (EPA), Region 10 Office has announced the results of its Preliminary Assessment of Camp Bonneville, the former US Military installation in Clark County, Washington.

In a letter dated March 1, 2010, EPA informed Camp Bonneville cleanup contractors and the Washington State Department of Ecology that based on the information gathered in the Preliminary Assessment Report, “additional investigation is warranted” of the Camp Bonneville Site under CERCLA [Superfund*].

According to the EPA’s report,
“the objectives of a Preliminary Assessment are:
- To determine whether the site is releasing or has the potential to release hazardous constituents into the environment;
- Identify potential public health and/or environmental threats posed by the site;
- Assess the need for additional investigation and/or response action at the site; and
- Determine the potential for placement of the site on the National Priorities List (NPL).”
The report states the Preliminary Assessment was conducted in response to a formal Preliminary Assessment Petition dated February 3, 2009, submitted by the Rosemere Neighborhood Association and Columbia Riverkeeper under Section 105(d) of CERCLA.

EPA is directing its own contractor, Ecology and Environment, Inc., of Seattle, Washington, to arrange the followup investigations, also known as Site Inspection:

From the EPA website:

“The Site Inspection program identifies potential cleanup sites that have a high probability of qualifying for the National Priorities List (Superfund), and provides the data needed for Hazard Ranking System scoring and documentation. Site Inspection investigators typically collect samples to determine what hazardous substances are present at a site, and whether they are being released into the environment.”

EPA Preliminary Assessment Report of Camp Bonneville finds

“the sources that appear most likely to contribute current or future contamination at the site are the firing target area, the Central Impact Target Area, the OB/OD area and Landfill4.”

The firing target area is of concern because of “previous detections of heavy metals in the soil and because UXO [unexploded ordinance] has historically been present in these areas….there is still the possibility that people may wander outside of the cleared areas and encounter UXO.” There is “confirmed presence of lead and RDX contaminated soil” in the Central Impact Target Area and “it is possible that contamination may migrate from this source through ground water or surface water runoff to Lacamas Creek….The OBD/OD area is of concern due to the presence of historic RDX and arsenic contaminated soil. Landfill 4 is of concern due to the continued presence of perchlorate in the ground water.” Ground water sampling has found “a perchlorate ground water plume is present at the site in the area surrounding Landfill4/Demolition Area 1.”

The report recommends more “robust” modeling and testing of groundwater flow and transport to determine the impact on the Troutdale Sole Source Aquifer.

You can view EPA’s Preliminary Assessment report by clicking on the following links (pdf format):

EPA Preliminary Assessment Report – Camp Bonneville

Tables & Maps for EPA Preliminary Assessment Report

You can view Rosemere Neighborhood Association’s Preliminary Assessment Petition from February 3, 2009, by clicking on the following links (pdf format):

Preliminary Assessment Petition – Camp Bonneville

Tables & Maps for Preliminary Assessment Petition – Camp Bonneville

Here is a snapshot of the Summary and Conclusions, Section 4, (which can be found on Pages 79 & 80) from EPA Preliminary Assessment Report:

*CERCLA is The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), amended in 1986 by the Superfund Amendments and Reauthorization Act, (SARA), commonly known as Superfund. For more information on CERCLA and Superfund designations go to the EPA website at http://epa.gov/superfund/policy/cercla.htm.
Press Release: Rosemere Neighborhood Association, Columbia Riverkeeper, Northwest Environmental Defense Center Challenge Clark County Over Weak Stormwater Controls

February 18, 2010 Author: admin
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Stormwater Outfalls

FOR IMMEDIATE RELEASE: February 18, 2010

Contact: Jan Hasselman, Earthjustice, (206) 343-7340 ext. 25

Clark County Challenged for Weak Stormwater Controls
Clean water advocates put county on notice illegal loopholes must be closed

Vancouver, WA–Clean water advocates, represented by Earthjustice, today formally put Clark County on notice it could be sued under the federal Clean Water Act for on-going failure to protect fish, drinking water supplies, and rivers, and comply with laws limiting stormwater pollution.

The 60-day notice letter says Clark County’s inadequate pollution standards will generate illegal stormwater pollution that will harm salmon, streams, groundwater and other natural resources. Damage to rivers and streams from the new development will force taxpayers, rather than the developers, to pay for the impacts of urban stormwater runoff, including flooding, property damage caused by erosion, and threats to the county’s drinking water supply.

Stormwater is a toxic mix of grease, metals, pesticides, herbicides, bacteria and nutrients. When dirty stormwater runs off parking lots, buildings, and other urban development, it carries with it toxic metals, particularly copper and zinc, which harm salmon and other aquatic life. Large unnatural flushes of runoff during storm events also cause damaging erosion in streams that destroys salmon habitat and that gets worse with each additional storm.

The National Research Council, an independent institute created by Congress which produces peer-reviewed studies, recently issued an exhaustive report on the impacts stormwater runoff and warned of its long-term, costly impacts. According to the National Research Council, “[s]tormwater runoff from the built environment remains one of the great challenges of water pollution control, as this source of contamination is a principal contributor to water quality impairment of waterbodies nationwide.” Urban Stormwater Management in the United States, National Research Council (Oct. 15, 2008)

“There needs to be a level playing field for all cities and counties,” said Earthjustice attorney Jan Hasselman, who is representing the groups. “Every other jurisdiction in Western Washington is required to meet updated standards for reducing stormwater impacts, but Clark County got a special deal that hurts taxpayers and clean water.”
The letter emphasizes the advocate’s interest in finding solutions that don’t require litigation. “We’re asking Clark County to come to the table to discuss what can be done to reduce stormwater pollution and comply with the law,” said Brett VandenHuevel, the Executive Director of Columbia Riverkeeper.

Earthjustice attorneys Jan Hasselman and Janette Brimmer are representing Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center in the notice. Earlier this month, Earthjustice filed an appeal on behalf of these groups asking the Washington State Pollution Control Hearings board to throw out a lopsided agreement between Clark County and the Washington Department of Ecology that allowed Clark County to maintain its inadequate stormwater standards.

Federal law required Clark County to adopt new rules governing runoff from development by August of 2008. Rather than comply with Clean Water Act requirements, the county knowingly adopted a significantly weaker flow control standard for new development. While Ecology initially sought to bring an enforcement action against the county for failing to adequately manage stormwater pollution, it later agreed to let Clark County retain the insufficient standards that don’t meet the requirements of clean water laws.

For a pdf version of the 60- Day Notice, click here.
Press Release: Rosemere Neighborhood Association, Columbia Riverkeeper, Northwest Environmental Defense Center Fight For Stronger Stormwater Controls in Clark County

February 1, 2010 Author: admin
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FOR IMMEDIATE RELEASE
February 1, 2010

Contacts:

Jan Hasselman, Earthjustice, 206-343-7340 ext. 25
Dvija Michael Bertish, Rosemere Neighborhood Association, 360-281-4747
Brett VandenHeuvel, Columbia Riverkeeper, 503-348-2436
Mark Riskedahl, Northwest Environmental Defense Center, 503-768-6673

Clean Water Advocates Fight For Stronger Stormwater Controls in Clark County
Lawsuit filed to protect salmon and close illegal loopholes

Lacey, WA.–Local residents and clean water advocates today filed a challenge to Clark County’s on-going failure to protect rivers, streams and comply with laws limiting stormwater pollution.

The public interest law firm Earthjustice filed an appeal on behalf of three local conservation organizations asking the Washington State Pollution Control Hearings Board to throw out a recent agreement between Clark County and the Washington Department of Ecology. Local residents and clean water advocates argue the state authorized inadequate development standards that will generate illegal stormwater pollution.

“Clark County’s refusal to comply with state stormwater requirements is unfair to other cities and counties that are working hard to clean up our polluted waterways,” said Earthjustice attorney Jan Hasselman, who is representing the groups. “When it comes to clean water, everyone needs to do their share.”

Stormwater contains toxic metals, oil, grease, pesticides, herbicides, bacteria and nutrients. Last year, the Environmental Protection Agency released a startling report on toxics in the Columbia Basin, which identified stormwater as a leading cause of toxic pollution in the Basin. When stormwater runs off parking lots, buildings, and other urban development, it carries with it toxic metals, particularly copper and zinc, which harm salmon and other aquatic life.

Under a lopsided deal reached in early January, Ecology agreed to allow Clark County to retain inadequate stormwater standards for new development in exchange for a promise to implement county-funded stormwater mitigation projects.

However, Clark County is already required to implement these projects under federal law. Additionally, the agreement allows Clark County to mitigate new development anywhere in the county, up to three years after the development occurs.

“Clark County’s approach to stormwater is a bad deal for clean water and species like salmon because developers will continue to use outdated and inadequate building standards,” said Dvija Michael Bertish of the Rosemere Neighborhood Association, one of the appellant groups. “It’s also a bad deal for taxpayers because it transfers the burden of mitigating stormwater from developers to the public.”

“From subsistence to recreational fishing, so many people in our area rely on fish from local streams and rivers,” explained Brett VandenHeuvel, Executive Director of Columbia Riverkeeper. “Given the direct harm of stormwater toxics on salmon, we need our state and Clark County to comply with the law to protect the salmon and the people who rely on them.”

Federal law required Clark County to adopt new rules governing runoff from development by August of 2008. Rather than comply with Clean Water Act requirements, the County knowingly adopted a significantly weak flow control standard for new development. While Ecology initially sought to bring an enforcement action against the county, it later agreed to let Clark County retain the insufficient standards.

“Clark County is allowing development that does not change the rate of stormwater flow even though this flow continues to damage creeks and rivers,” said Dennis Dykes, an expert hydrogeologist who has reviewed the Clark County’s proposal. “The stormwater ordinance and the proposed flow control program are not protective of water quality and endangered species like salmon. There is simply no scientific basis for allowing continued degradation of one watershed in exchange for a plan to do something beneficial somewhere else.”

The appealing groups include Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center. They are represented by attorneys Jan Hasselman and Janette Brimmer of Earthjustice. A copy of the appeal is available by contacting Jan Hasselman, 206-343-7340 ext. 25.

A copy of the EPA’s toxics report for the Columbia is available here at http://yosemite.epa.gov/r10/ecocomm.nsf/Columbia/SoRR/

About the Pollution Control Hearings Board

The Pollution Control Hearings Board acts like a court for appeals of state environmental regulations. The three board members hear appeals from orders and decisions made by the Department of Ecology and other agencies as provided by law. The Board’s function is to provide litigants a full and complete administrative hearing, as promptly as possible, followed by a fair and impartial written decision based on the facts and law. The Board is not affiliated with the Department of Ecology or any other state agency. The Board consists of three members, who are appointed by the governor and confirmed by the State Senate for staggered six-year terms.

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For a pdf version of this Press Release, click here.

To view the Notice of Appeal to Washington State Pollution Control Hearings Board, click here.

From The Oregonian, read article here.

From The Columbian, read article here.

From the Lake Stevens Journal, read article here.
Toxics at Vancouver Lake

October 25, 2009 Author: admin
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Thursday, October 22, marked the 5 year anniversary of the Vancouver Lake Watershed Partnership, created to address longstanding problems that prevent the lake from being swimmable and fishable, including toxic blue green algae.

Patty Boydon, Port of Vancouver Environmental Director, gave a presentation on the installation of an air stripping facility installed to remediate toxic groundwater plumes produced by Cadet/Swan Manufacturing. Groundwater plumes that have expanded into the Fruit Valley Neighborhood were caused by the use of industrial chemical solvents. The shallow groundwater plumes were first discovered in 1998 during road construction, marking the largest groundwater cleanup in Washington State. [Read More...]
Press Release: RNA Wins Landmark Environmental Justice Case Against EPA’s Office of Civil Rights

September 18, 2009 Author: admin
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FOR IMMEDIATE RELEASE

Contacts:

Chris Winter
CRAG Law Center

Dvija Michael Bertish
Rosemere Neighborhood Association

ROSEMERE NEIGHBORHOOD ASSOCIATION WINS LANDMARK ENVIRONMENTAL JUSTICE CASE AGAINST EPA’S OFFICE OF CIVIL RIGHTS

Ninth Circuit Court of Appeals Criticizes EPA for a “Pattern of Delay” in Implementing Title VI of the Civil Rights Act

(September 18, 2009) Rosemere Neighborhood Association (“Rosemere”) is a non-profit community organization in Clark County, Washington, dedicated to environmental protection and the pursuit of improvements to low-income environmental justice communities.

In February 2003, Rosemere first filed a Title VI administrative complaint with EPA’s Office of Civil Rights (“OCR”) alleging that the City of Vancouver, WA had discriminated in the provision of municipal services in violation of the Civil Rights Act of 1964. Rosemere alleged that Vancouver failed to use EPA funds to address fairly long-standing problems in low-income and minority neighborhoods in West Vancouver.

[Read More...]
Comments wanted on Camp Bonneville Cleanup Plans

May 29, 2009 Author: admin
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WA Department of Ecology News Release – May 28, 2009

OLYMPIA – The Washington Department of Ecology (Ecology) seeks comments on draft documents related to cleaning up part of the Camp Bonneville military reservation in Clark County.

This phase of the ongoing cleanup focuses on the Central Impact Target Area. The former artillery target area covers roughly 465 acres. [Read More...]
Press Release: Sixty Day Notice of Intent to file a Citizens’ Lawsuit Against Clark County

April 27, 2009 Author: admin
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Stormwater outfall during dry weather conditions

PRESS RELEASE****PRESS RELEASE****PRESS RELEASE

Today Rosemere Neighborhood Association delivered a Sixty Day Notice of Intent to file a Citizens’ Lawsuit against Clark County, Washington, under the Clean Water Act. A copy of the Sixty Day Notice is attached to this press release. Rosemere Neighborhood Association is represented by attorneys Theda Braddock, of Steilacoom, Washington, and Paul E. Brain of Smith, Alling, Lane, PS, of Tacoma, Washington. [Read More...]
Rosemere Neighborhood Association Honored with Public Health Community Award

April 24, 2009 Author: admin
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On April 22, 2009, Clark County’s Board of Health (also known as the Clark County Commissioners) presented community awards to various organizations and individuals that have worked toward improving public health and safety. RNA was awarded a certificate of honorable mention as a “Community organization advocating for health promotion, disease prevention, and social justice through water quality advocacy and monitoring and improving neighborhood livability.” A total of ten community awards were given, including medical and dental caregivers, and health educators.

Click here to view the 2008 Public Health Community Award recipients and RNA’s Health Award Certificate in full view (pdf format). [Read More...]