Storm Water | Rosemere Neighborhood Association

MEDIA RELEASE: Community Groups Give Notice of Clean Water Act Suit to Planned Coal Export Terminal on Columbia River

August 9, 2011 Author: admin
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Train unloading coal at Millennium terminal in June 2011

MEDIA RELEASE
–FOR IMMEDIATE RELEASE –

August 9, 2011

CONTACTS:
Gayle Kiser, LCSC
(360) 749-7029
Dvija Bertish, Rosemere
(360) 281-4747

Longview, WA – Community groups from Longview and Vancouver Washington have filed formal notices of suit for violations of the federal Clean Water Act against the corporation planning to export coal from Longview to China. The sixty-day notice of suit is a legal prerequisite to filing the Clean Water Act suit that will be filed in the Federal District court in Tacoma sixty days from today. The suit targets the fact that Millennium Bulk Terminals and its parent company Ambre Energy are currently importing, storing and exporting coal to their Longview facility absent any permits that allow for such activities under the Clean Water Act.

For complete Press Release please click here: MEDIA RELEASE_8-9-2011

To view complete 60 Day Notice please click here: 8-9-11_FINAL_ 60_DAY_ Ambre_ Energy

More about this story from The Daily News Online: Groups sue Millennium over alleged Clean Water Act violations in Longview
Camp Bonneville Sampling and Quality Assurance Plan

May 16, 2011 Author: admin
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This Sampling and Quality Assurance Plan is the next stage in Rosemere Neighborhood Association’s effort to obtain Superfund status for Camp Bonneville. (Click HERE to view previous articles on RNA Superfund Petition for Camp Bonneville)

Environmental Protection Agency contractors, Ecology and Environment, Inc., of Seattle, will collect soil samples for lab analysis from all over the site and will be installing additional monitors in wells to test groundwater contamination as well as in-stream monitoring in Lacamas Creek.

The Sampling and Quality Assurance Plan details where sampling will occur and how it will be analyzed to determine what clean-up needs to be achieved to ensure public health and safety. Data gathering began May 16 2011, and will take about a year before beginning a report on findings to make recommendations on superfund status.

View the plan here (NOTE: this is a large file – please be patient! Allow a couple of minutes for it to download): Camp Bonneville_Final Sampling and Quality Assurance Plan
Deloitte Consulting LLP Final Report on EPA Office of Civil Rights: “Poor Performance”

April 7, 2011 Author: admin
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EPA, under the direction of Administrator Lisa Jackson, has released a redacted version of the Deloitte Consulting LLP Final Report on the Evaluation of the EPA Office of Civil Rights (OCR).

Rosemere Neighborhood Association (RNA) Title VI Complaint and subsequent Settlement Agreement between RNA and EPA of March 2010 figure prominently in the Report (See page 2 of Deloitte Report, link provided below):

This situation has exposed EPA’s Civil Rights programs to significant consequences which have damaged its reputation internally and externally. In the Rosemere Neighborhood Association case regarding the timeliness of a Title VI complaint response, it was found that “OCR’s failure to process the Retaliation Complaint in accordance with the timeline set forth in 40 C.F.R. S7.115(c)(1) constitutes agency action unlawfully withheld pursuant to the Administrative Procedures Act, 5 U.S.C. S706(1).” 5 OCR’s performance has also damaged its reputation within EPA. It was noted repeatedly in interviews with EPA staff and management that OCR has been viewed as an organization that performs poorly and does not offer specialized expertise.

Deloitte’s assessment reveals a bleak accounting of the anti-discrimination processes within the OCR, listing, among others, these issues:
- The Office of Civil Rights lacks “the rudiments of organizational infrastructure,” such as established procedures, defined staff duties or the ability to track cases. Its handling of employee complaints “is known for poor investigative quality and a lack of responsiveness”;
- Dismally “poor performance” with backlogs and long delays in investigations of discrimination complaints. A review of complaints from EPA employees found that none received a final agency decision on time, with many several months overdue; and
- A confused “fire drill mentality has resulted in significant financial and reputational consequences for the Agency” in the form of large cash settlements from botched discrimination investigations. [Read More...]
PRESS RELEASE: Pollution Control Board Rules Clark County Development Standards Illegal

January 6, 2011 Author: admin
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PRESS RELEASE****PRESS RELEASE****PRESS RELEASE

FOR IMMEDIATE RELEASE
January 6, 2011

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

Appeals Board Rules– Clark County Development Standards Illegal
Taxpayer subsidy & fish-killing loopholes scrapped

Tumwater, WA.-In a major decision with statewide impacts, a state appeals board today ruled that Clark County’s controversial development standards violate state and federal laws to protect clean water.

The ruling, by the state Pollution Control Hearings Board (PCHB), means the county is out of compliance with federal clean water laws. It signals an end to the county’s on-going failure to protect rivers, streams and salmon threatened with extinction.

“Clean water is our future. Clark County has the potential to be a leader in low impact development, parks and green space. These are real growth sectors in our economy and will put people back to work,” said Dvija Michael Bertish of the Rosemere Neighborhood Association.

Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center, represented by Earthjustice, challenged Clark County’s adoption of development standards that were too weak to prevent significant harm to the County’s already-stressed rivers and streams. [Read More...]
White House Forum on Environmental Justice: Dec 15, 2010

December 29, 2010 Author: admin
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CEQ Chair Nancy Sutley, EPA Administrator Lisa P. Jackson, NEJAC Chair Elizabeth Yeampierre, and South Carolina State Representative Harold Mitchell deliver opening remarks at the White House Forum on Environmental Justice, December 15, 2010 (Photo by Eric Vance, US EPA)

Rosemere has attended various meetings held by the Oregon Environmental Justice Task Force, and the Task Force has been supportive of Rosemere’s work. To date, Lisa Jackson, director of EPA, has refused to meet with Rosemere to discuss the 9th Circuit Case in Rosemere v. EPA, where the court found EPA had broken the law by failing to investigate Title VI complaints filed with EPA’s office of Civil Rights. Environmental Justice Communities around the nation have experienced the same failures by EPA, and have called for the Office of Civil Rights to be be revamped.

Professors Will Collin and Robin Collin of Willamette University attended the White House Forum on Environmental Justice in Washington DC as recipients of the national award to Oregon Environmental Justice Task Force. This was the first convening for the cause of Environmental Justice in a decade. Mrs. Collin was able to provide some important remarks on what is needed to support the Environmental Justice movement, as noted in Part 3 of the Youtube video [Read More...]
Progress on Rosemere’s Superfund Petition for Camp Bonneville WA

December 13, 2010 Author: admin
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From left to right: Renee Nordeen, Ecology and Environment, Inc.; Daniel Wright, geologist; Monica Tonel, USEPA Region X Office of Environmental Cleanup, Site Assessment Manager Assigned to Rosemere's Superfund Petition. Group is reviewing maps of Camp Bonneville in preparation of EPA site inspection plans and data gathering efforts, Dec 8, 2010

Background: Camp Bonneville Superfund Petition, Submitted by Rosemere Neighborhood Association & Columbia Riverkeeper

In February 2009, following Rosemere’s extensive involvement in what we consider a faulty clean up action plan at the Camp Bonneville military installation, Vancouver WA, Rosemere and Columbia Riverkeeper submitted a formal petition to the US Environmental Protection Agency to list the property on the National Priorities Superfund List.

See the original Superfund petition here: http://www.rosemerena.org/home/2009/04/06/preliminary-superfund-petition-for-camp-bonneville-february-3-2009/

The goal of the petition was to bring EPA back into the project in order to correct failing cleanup efforts, currently at a complete standstill. EPA had been a major participant in cleanup efforts more than 10 years ago, but in 2003, EPA withdrew its involvement citing a lack of cooperation from Clark County government, the Washington State Department of Ecology, and the US Department of Defense that owned the contaminated property. Camp Bonneville was a former 4000 acre international military training site where munitions, including missiles, grenades, and chemical warfare were used in live drills.

Documented groundwater contamination at the site has entered the Troutdale Aquifer System, a federally designated Sole Source Aquifer that was petitioned by Rosemere and Columbia Riverkeeper and established in 2006. The source of the contamination is a vast collection (both known and unknown) of buried military munitions and chemicals that have leached into the soil and groundwater throughout the site. Rosemere contends that the plume of toxic chemicals has been mobile for many years, and may have exited to compound, threatening Lacamas Creek and its tributaries, and Lacamas Lake which is hydrologically connected to the Columbia River. [Read More...]
Rosemere Neighborhood Association & Columbia Riverkeeper Submit Letter to Ecology RE: Alcoa/Evergreen Aluminum Smelter Supplemental Cleanup Action Plan

December 7, 2010 Author: admin
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Alcoa Power Plant, Vancouver, WA

Rosemere Neighborhood Association and Columbia Riverkeeper have for years raised serious concerns about Washington Department of Ecology’s cleanup and oversight at the former Alcoa/Evergreen Aluminum Smelter. One of the major concerns is Ecology’s delay of the cleanup process by separating the East Landfill groundwater contamination decision from other cleanup actions.

As part of the public comment process on the Alcoa/Evergreen Vancouver Aluminum Smelter Supplemental Cleanup Action Plan and Consent Decree Amendment for the East Landfill, Rosemere and Columbia Riverkeeper submitted a letter urging Ecology to take additional steps to address the contaminants at the site to ensure the protection of human health, salmon, and other aquatic, terrestrial, and avian life in and around the Columbia River.

To view the letter, please click on this link:
http://www.rosemerena.org/home/wp-content/uploads/2010/12/Alcoa-Vancouver-East-Landfill-12-6-10.pdf
Stormy Weather for Clark County Stormwater Plan

September 28, 2010 Author: admin
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New story from the Public News Service – Washington:

September 28, 2010

Stormy Weather for Clark County Stormwater Plan

TUMWATER, Wash. – How tough should counties be on developers in planning and controlling storm water runoff, a major source of water pollution? That’s the issue in a case to be argued this week at the Washington Pollution Control Hearings Board. It alleges that Clark County has what amounts to a special deal with builders for managing the stormwater effects of their projects, allowing them to put off planning for runoff control and let the county take care of any problems.

The Rosemere Neighborhood Association and two environmental groups behind the complaint – Columbia Riverkeeper and the Northwest Environmental Defense Center – say water quality has suffered as a result. Their attorney, Jan Hasselman with Earthjustice, explains.

“Clark County is effectively subsidizing developers out of very limited county funds. The idea is that developers don’t have to take on the burden of dealing with the storm water from their projects – the county will pay for it from general funds.”

The Washington Department of Ecology approved the Clark County plan, and will explain its reasons at the hearing. The problem, says Hasselman, is that if one county has a weaker storm water control policy, state law allows others to adopt it.

“That’s why this case is so important, not just for Clark County, but statewide. This threatens to really undercut our collective efforts to begin improving the health of rivers and streams, and recover Puget Sound.”

At issue is how strict counties should be with developers in order to meet federal Clean Water Act requirements. Clark County has said new development hasn’t posed much of a stormwater problem, and that it has enough money to mitigate such problems. The complaint asks that Clark County abide by the same standards as other counties.

The hearing runs Tuesday, Sept. 28 to Friday, Oct. 1, 9 a.m. to 5 p.m. daily, 1111 Israel Road SW, Tumwater.

Click here to view this story on the Public News Service RSS site and access an audio version of this and other stories: http://www.publicnewsservice.org/index.php?/content/article/16097-1
Press Release: Pollution Control Board Hearing

September 17, 2010 Author: admin
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Press Release******Press Release******Press Release

September 17, 2010

Pollution panel to weigh closing illegal loopholes in Washington’s building rules and strong controls for polluted runoff

WHAT: The Pollution Control Hearings Board will begin a trial to determine whether to throw out Clark County’s “special lopsided deal” under the state stormwater code.

The County’s plan allows harmful development without proper runoff controls.

The hearing raises issues of statewide importance, including the question of whether state vesting laws should trump efforts to protect rivers, streams and Puget Sound.

The vesting law allows developers to build projects under whatever rules are in place when they file a development application. This lets developers avoid any new rules that may be adopted later, even if the rules are adopted before anything is actually built.

WHEN: September 28, 2010 – October 1, 2010

Time: 9 a.m. to 5 p.m.

WHERE: Pollution Control Hearings Board

Environmental Hearings Offices—Room 301

1111 Israel Road S.W.

Tumwater, WA 98501

CONTACTS: Jan Hasselman, Earthjustice, 206-719-6512 (cell)

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

BACKGROUND: In February 2010, local residents and clean water advocates filed a challenge to Clark County’s on-going failure to protect rivers, streams and comply with laws limiting stormwater pollution. The county’s contested plan was developed with the Department of Ecology, the agency charged with regulating Clark County under state law and the federal Clean Water Act.

The public interest law firm Earthjustice filed an appeal on behalf of the Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center 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.

Stormwater runoff is federally regulated as a major source of water pollution. It 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.

The appealing groups are represented by attorneys Jan Hasselman and Janette Brimmer of Earthjustice.

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.
Alexandra Cousteau — Expedition Blue Planet 2010

July 26, 2010 Author: admin
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Alexandra Cousteau onstage at the Bagdad Theatre for Expedition Blue Planet 2010

July 21, 2010, Bagdad Theatre, Portland Oregon

Alexandra Cousteau, granddaughter of Jacques Cousteau, continues her family legacy with another journey, a 138-day interactive tour of the US, Canada and Mexico, to explore critical water issues. Accompanied by a production crew who film, broadcast, blog, and edit on a biodiesel bus, Ms. Cousteau will travel more than 14,500 miles to film water problems and host community watershed programs. The tour includes coverage of the dwindling Colorado River, the Gulf Coast plagued by the BP Oil Spill, the Great Lakes that are experiencing hot temperatures and low levels, Chesapeake Bay suffering from stormwater pollution and sewage, and the Tennessee Valley where coal ash and mountaintop removal mining poison the water.

On Day 20 of the tour that started in Washington DC, the crew appeared at the Bagdad Theatre in Portland after traveling from Vancouver BC. The Portland stop was sponsored by Willamette Riverkeeper, where Ms. Cousteau discussed the project, showed film footage, and fielded questions from the audience. The Blue Legacy project was started in 2008 by Ms. Cousteau as a dedication to her grandfather’s famous call, “You have to go and see.”

Biodiesel bus used by the tour, parked outside the Bagdad theatre. The bus was formerly owned by Sir Paul McCartney

Last year, Blue Legacy traveled 100 days across five continents to study global water problems, discovering similar themes among various cultures: water is a source of spirituality, conflict, and the basis of agribusiness. From the Ganges in India, the plains of Botswana, the Jordan River in Israel and Palestine, and the Cajun lands of the lower Mississippi River, a universal statement recorded from people of all these cultures shows how humanity has common ties, regardless of age, status, or religion: “Water is life.” [Read More...]