clark county | Rosemere Neighborhood Association

EPA Testing Results at Camp Bonneville Show Contaminated Plume Growing & Moving

October 13, 2011 Author: admin
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EPA has released the initial results of its testing at Camp Bonneville, the former US Military installation in Clark County, Washington.

EPA is conducting assessment of the known and suspected release of hazardous substances at Camp Bonneville to determine whether it warrants listing under the Superfund Program following a petition from Rosemere Neighborhood Association (RNA).

The first round of samples was collected last May (2011) and EPA’s report on that testing can be found http://www.epa.gov/region10/pdf/sites/camp_bonneville/bonneville-p1-sample-results.pdf.

The second round of data was collected in August (2011) and that report is expected in January 2012. Following the secondary reports, EPA will score the site to determine Superfund status upon which a final report will be released.

RNA brought the Superfund petition in 2009 citing faulty clean-up efforts at the site where live munition drills and chemical warfare had been conducted for decades. RNA contended in its petition that contamination from buried military munitions and chemicals, including the continued rise of measured perchlorate and RDX, has leached into the soil and groundwater at the site. RNA was also concerned that the plume of toxic chemicals had become mobile threatening Lacamas Creek. Lacamas Creek feeds into Lacamas Lake and ultimately into the Columbia River.

EPA’s latest data reveal – as suspected by RNA – that the plume has traveled and has become larger, possibly entering the creek flow or infiltrating below the creek to the opposite shore. Although RNA had raised these concerns to the Washington State Department of Ecology for years, Ecology officials had maintained that topography would prevent any additional test wells from being established. Based on RNA’s petition and subsequent discussions regarding hydrologic flow, EPA successfully installed additional testing wells in suspect areas that proved the plume had moved.

The danger to surrounding groundwater and surface water would have gone undiscovered had it not been for the Superfund petition brought by RNA. Following the incomplete clean-up led by Mike Gage and BCCRT, property ownership of Camp Bonneville was to go back to Clark County over a month ago, but the transfer of ownership has been stalled due to a dispute that Gage has with the Washington State Department of Revenue. All other contractors who worked on the initial phases of clean-up at the site have paid their taxes, but Mike Gage has thus far refused to pay his taxes. Apparently clean-up will be stalled until Gage’s tax dispute is resolved.

Around $28 million has been spent on the Bonneville clean-up thus far including extensive efforts to alleviate the contaminated goundwater plume. The groundwater contamination was initially caused by munitions that had been buried in landfills. The landfills were evacuated but during that process the backhoes began to sink and they were not able to remove all of the contaminated soil. As a result, much of the contaminated soil was left behind and the remaining holes were filled with porous, loamy soil that was extremely permeable and allowed the plume to become mobile.

EPA Camp Bonneville page can be found here: http://yosemite.epa.gov/r10/cleanup.nsf/sites/CB

Direct link to the Camp Bonneville Phase 1 Sample Results Report is here: http://www.epa.gov/region10/pdf/sites/camp_bonneville/bonneville-p1-sample-results.pdf

UPDATE:

Responding to the EPA test results announcement, Clark County Department of Public Works Project Manager, Jerry Barnett, said, “The county will meet with Ecology and the EPA to determine the significance of these results. Findings include perchlorate in sediments and subsurface water adjacent to Lacamas Creek at concentrations below cleanup levels.”

However, while EPA might agree to discuss site assessment as a process, it is premature to be discussing the “significance” of the data. As explained above, EPA management will not conduct its complete review of the data until next year after all phases of testing have been completed.

The Washington Department of Ecology also announced Thursday that it is opening a period of public review and comment on an updated legal agreement for the cleanup of Camp Bonneville. Under the proposed Amended Prospective Purchaser Consent Decree between Clark County and Ecology, Clark County will take the lead role in the cleanup of Camp Bonneville. Ecology will accept comments on the proposal from Oct. 14 through Nov. 17, 2011.

For more information go to Ecology’s website here: http://www.ecy.wa.gov/news/2011/277.html

For the amended decree, click here: https://fortress.wa.gov/ecy/gsp/Sitepage.aspx?csid=11670

You can send comments to Ecology on the draft documents from Oct. 14 through Nov. 17.

Here’s how you can submit comments:

By US Mail:
Ben Forson, Site Manager
Washington Department of Ecology
Toxics Cleanup Program
P.O. Box 47600
Olympia, WA 98504-7600.

By Email to:
bfor461@ecy.wa.gov
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
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...]
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...]
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.
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...]
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.

*******

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.
Clark County Public Works Department Cited for Stormwater Discharge Violation

April 29, 2009 Author: admin
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Clark County Salmon Creek Wastewater Treatment Plant

The state Department of Ecology has issued a $2,000 civil penalty to the Clark County Public Works Department for violating technical requirements of a stormwater discharge permit at the Salmon Creek Wastewater Treatment Plant, county officials announced today.

Click here to read Clark County Press Release RE Stormwater Violation (PDF format)