Posts Tagged ‘Pollution Control Hearings Board’

Federal Judge Suspends County’s Inadequate Polluted Runoff Standards

Dec 29th, 2011

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FOR IMMEDIATE RELEASE: December 29, 2011

Contacts:

Janette Brimmer, Earthjustice, 206-343-7340 ext. 1029
Dvija Michael Bertish, Rosemere Neighborhood Association, 360-281-4747
Brett VandenHeuvel, Columbia Riverkeeper, 503-348-2436
Federal Judge Suspends County’s Inadequate Polluted Runoff Standards
Injunction requires Clark County to shelve fish-killing loopholes in its development standards

Tacoma, WA.—A Washington state county’s controversial development standards appear to violate federal laws to protect clean water, according to a preliminary ruling by a U.S. District Court Judge.

The decision, issued December 28 by U.S. District Court Judge Ronald B. Leighton, means Clark County must comply with federal clean water laws, like other cities and counties in the state, to protect rivers, streams and salmon threatened with extinction. The ruling applies to development projects permitted or approved by the county on or after the court’s order while a related state court appeal is pending.

Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center, represented by Earthjustice, challenged Clark County’s failure to protect threatened salmon.

“Many cities and counties in our state are working hard to clean up polluted waterways and now Clark County must finally do the same,” said Janette Brimmer, an Earthjustice attorney who is representing the groups. “The ruling recognizes that everyone needs to do their share to protect our precious streams, rivers and salmon and that Clark County, like everyone else, must follow the law.”

PRESS RELEASE: Pollution Control Board Rules Clark County Development Standards Illegal

Jan 6th, 2011

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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.

Stormy Weather for Clark County Stormwater Plan

Sep 28th, 2010

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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 [...]

Press Release: Pollution Control Board Hearing

Sep 17th, 2010

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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 [...]

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

Jun 23rd, 2010

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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.