The Front Porch Blog

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Erin Savage

While Erin prefers to be on rivers rather than at a desk, as our Central Appalachian Program Manager she devotes a lot of time delving through data to make it meaningful to others who care about the health of our waterways.

Connecting Kids to Their Watersheds

Monday, November 7th, 2011 | Posted by Erin Savage | No Comments

Here in Watauga County we are lucky to have relatively clean rivers and a public that is well connected with the health of the local environment. In order to support continued generations of residents who act as good stewards for the High Country and beyond, we must educate students about threats to our local environment and ensure that they feel pride and ownership of the world around them.

The Upper Watauga Riverkeeper has helped with school water-based programs at Hardin Park Middle School and Watauga High School this fall. At Hardin Park, science teacher Alan Felker invited me to speak with each of his 7th grade science classes about the many roles of a Riverkeeper. Our discussion ranged from local river cleanups to litigation against major polluters in Kentucky. I was impressed with the quality of both questions and answers I heard from many of the students. I met up with the students later in the week to assist with Mr. Felker’s aquatics lab on the New River. Students were game to get in the chilly fall water in order to measure water velocity and turbidity, and look for macroinvertebrates used as indicators of biological condition. I hope to see many of these same students for a Watauga cleanup in the spring.

On October 19th, I helped with one of several presentations focusing on marine mammals, climate change, pollution and our connection to those issues here in Watauga County. The North Carolina Museum of Natural Science and the North Carolina Fort Fisher Aquarium, through a grant from NOAA, brought in a geodome presentation that highlighted different marine mammals and threats to them resulting from global warming and plastic pollutants. Lisa Doty, the Watauga County Recycling Coordinator, and I presented a local perspective on recycling and reducing consumption in Watauga County, and the ways our efforts can impact the ocean environment.

I was pleased to find that at least one student in each group knew that plastics are made from fossil fuels, which are non-renewable resources. The students were surprised to learn that Watauga County does not have an operational landfill, so our garbage must be shipped to Lenoir. This means that not only is our waste management more costly, but it also uses more fossil fuel: an average of 8 tractor trailer loads of garbage are sent to Lenoir every day, which costs roughly $1.3 million per year. In contrast, as recycling technology has improved, the demand for recycled plastic has increased: other companies pay Watauga County for recycled plastics and recycling creates 14,000 jobs North Carolina.

We tried to impress upon students some simple every-day things they could do to help curb the influx of waste into our waterways and oceans. Two of the easiest changes that create a large and lasting impact are reducing your use of plastic water bottles and plastic grocery bags. According to the Earth Policy Institute, 1,500 plastic water bottles end up as garbage every second. Additionally, plastic grocery bags are more costly to produce from recycled material than from virgin oil. So when your Watauga High School students turn down that store-bought water in favor of a reusable container or tell you there will be no trip to the store without reusable bags, commend them for doing their part to create a healthier planet!

Another Successful Operation Medicine Cabinet in Watauga County

Monday, October 10th, 2011 | Posted by Erin Savage | No Comments

Boone Food Lion Volunteers

The fall Operation Medicine Cabinet held last Saturday was a big success, as we expected from previous OMC events. Volunteers around the county collected unused and unwanted drugs from community members so the drugs could be properly destroyed. This programs helps to keep drugs out of our rivers and away from kids.

Volunteers at the Foscoe Fire Department

This fall, we collected 86,030 pills, 4.9 gallons of liquids, 3 pounds of other solids, and 8,883 sharps. 126 individuals dropped off medications, often collecting the drugs from other family members and neighbors.

The participant in the video above brings up an important point — with only two days currently available to drop of drugs, there is still not a convenient way for people to discard drugs at other times. We hope to install a permanent drop box in Watauga County in the near future, so that people can dispose of drugs properly, on their own time, any time of year.

Thank you to all of the OMC volunteers and supporters, including: Watauga County Sheriff’s Department, Boone Police Department, Beech Mountain Police Department, Blowing Rock Police Department, Foscoe Fire Department, Beaver Dam Volunteer Fire Department, Seven Devils Police, Appalachian State University and the ASU Police, The Town of Seven Devils, Watauga River Conservation Partners, North Carolina Cooperative Extension, State Bureau of Investigation, Watauga County Recycling/Solid Waste Department, and Boone Drug.

To find out more about this program, check out our previous blog and press release.

Bring Us Your Drugs: Operation Medicine Cabinet This Saturday, October 8th

Monday, October 3rd, 2011 | Posted by Erin Savage | No Comments

This Saturday, October 8th, we will hold our 5th Operation Medicine Cabinet (OMC), a prescription and over-the-counter drug take-back program aimed at keeping drugs off the streets and out of our rivers.

The first OMC was held in October of 2009, as a result of collaboration between the MountainKeepers organization, the Upper Watauga Riverkeeper, Watauga County Recycling and Solid Waste Department, North Carolina Cooperative Extension and local law enforcement, including the Watauga County Sheriff. As the program has continued, it has grown to include many organizations, agencies and businesses. We could not continue to have so much success without help from the community.

Since the program began, we have held the event each May and October. In October 2010, we collected 350,000 pills – our biggest event yet. Through this program, we accept all prescription drugs, no questions asked. We also accept medical supplies including needles and other sharps, as well as over-the-counter drugs. Once we have collected the drugs, they are packaged by the Watauga County Sheriff’s department and sent away for incineration. Incineration is the safest means for disposing of expired and unused medications.

One obvious reason for holding a prescription drug take-back program is to reduce prescription drug abuse by kids. Kids often gain access to dangerous painkillers through the medicine cabinets of their friends and families. A second reason is to keep drugs out of the local rivers. When drugs are flushed down the toilet or washed down the sink, the drugs go through wastewater treatment facilities and are then released into the local waterways. Wastewater treatment facilities cannot remove antibiotics, hormones and other chemicals from wastewater. Even over-the-counter drugs such as acetaminophen and ibuprofen have been detected in some watersheds.

The accumulation of drugs in rivers, streams and lakes pose several problems. Antibiotics in waterways contribute to the development of antibiotic-resistant bacteria. Increased hormones in waterways act as endocrine disrupters, which have negative consequences on the development and reproduction of aquatic animals such as fish and amphibians. With new drugs being developed all the time, ongoing research is needed to catalogue the affects of these drugs on the environment. Our safest course of action is to do our part to keep all drugs out of our waterways.

You can drop off your drugs this Saturday, October 8th, from 10:00 am to 2:00 pm at the following locations:

Food Lion in Boone
Food Lion in Deep Gap
Food Lion in Blowing Rock
Foscoe Fire Department
Beech Mountain Town Hall
Beaverdam Volunteer Fire Department

Appalachian State University will also have a drop of location on Friday, October 7th from 11:00 am to 2:00pm in the Plemmons Student Union building.

Higher Fines For Big Coal, More Secrecy From The Kentucky Energy And Environment Cabinet

Wednesday, September 21st, 2011 | Posted by Erin Savage | 6 Comments

On September 14th, a conference was held with Hearing Officer Blanton in the Office of Administrative Hearing case brought by the Kentucky Energy and Environment Cabinet against Nally & Hamilton. The conference determined whether Appalachian Voices, Kentuckians for the Commonwealth, Kentucky Riverkeeper, and Waterkeeper Alliance, represented by Natural Resources Defense Council attorneys, may continue with legal proceedings as intervenors in the case. Unfortunately for Appalachian Voices and the citizens of Kentucky, the results of the hearing will allow the Cabinet to continue making deals with Nally & Hamilton behind closed doors.

This case is the Cabinet’s response to the Notice of Intent to sue Nally & Hamilton for 12,000 violations of the Clean Water Act, filed in March 2011 by Appalachian Voices and its partners. To address the violations identified by Appalachian Voices, the Cabinet settled with Nally & Hamilton for $507,000 in fines, topping the previous record-setting fines issued in Appalachian Voices’ other on-going cases against big coal in which Frasure Creek and ICG coal companies were fined $310,000 and $350,000, respectively.

Though these fines represent a great step toward holding coal companies accountable for the pollution they create, the fines are still insufficient. Under Kentucky law, Nally & Hamilton could be fined as much as $300 million for the 12,000 violations. The recognition that the Cabinet consistently does not adequately enforce the law is one reason Appalachian Voices and its partners stepped in as intervenors in the Cabinet’s case. Once the Cabinet and Nally & Hamilton proposed a token settlement in the case they then filed a motion for a continuance. In the conference, the Hearing Officer granted the motion for continuance, based on his determination that he did not have authority to require more discovery in our case.

Those of you without a legal degree are probably wondering what all of this means. I’ll do my best to explain – in short, the Cabinet continues to shield the coal companies, without adequate prosecution. The continuance effectively halts legal proceedings – in this case, it halts discovery, or our ability to request further documentation and other evidence from Nally & Hamilton and the Cabinet, which would likely strengthen and clarify our case. We will still be allowed to submit comments on the Agreed Order between the Cabinet and Nally & Hamilton before the order is sent to the Cabinet Secretary for review.

Besides filing the motion for continuance, the Cabinet has attempted to undermine our involvement in other ways as well. The Cabinet failed to respond to any of our discovery requests, despite the responses being due in August. Because of this, we have been unable to determine the facts the Cabinet considered when entering into the settlement with Nally & Hamilton. We do not know how fines were determined, what violations were identified, or how thorough an investigation was conducted.

The Clean Water Act violations that were identified indicate that pollution is being under reported and inaccurately reported. This improper reporting harms Kentucky’s waterways and the health of Kentucky’s citizens. The Cabinet failed to identify most of these violations until they were uncovered by Appalachian Voices. Despite the Hearing Officer’s request to the Cabinet and Nally that they include Appalachian Voices and its partners in the settlement negotiations, the Cabinet completed a closed-door settlement with Nally & Hamilton and is attempting to prevent further action by us. The current settlement provides a relatively low monetary penalty, does not provide for true stipulated penalties for future violations, ignores the potential of intentional fraud, and claims to resolve Nally’s liability for all previous violations of “the same type” despite there being no evidence the Cabinet bothered to identify different types of violations.

It is obvious the Cabinet is taking the side of big coal in this case. The settlement clearly does not provide for effective, ongoing protection of the people of Kentucky from corporate coal abuses. Kentucky citizens deserve better than this from their state officials.

Excel Mining Addresses Pike County Residents’ Flaming Well With A Solution Other Than Just Drilling More Contaminated Wells

Wednesday, September 21st, 2011 | Posted by Erin Savage | No Comments

In the end of July, Appalachian Voices was contacted by Ted Withrow of Kentuckians for the Commonwealth, who reported a family in rural Pike County, Kentucky, with possible methane contamination of their drinking water well, as indicated by flames shooting more than a foot out of the top of the well. The fire had been reported to local media by friends of the family. The contamination was believed to be the result of underground mining activities by the nearby Excel Number 2 Mine. As we looked into this case further to see how we might help, we realized the problem was more wide-spread and long-term than we originally thought.

Appalachian Voices initially provided heavy metal testing for four families – the Howard family, whose well was on fire, and three nearby families. Next, through the generous donation of 30,000 bottles of water from Keeper Springs Natural Spring Water and Nestle Pure Life Purified Water, KFTC and Appalachian Voices were able to provide safe drinking water to each affected family – 13 families in total.

Upon delivery of the water, we spoke with multiple affected families and collected additional water samples for volatile organic compound testing. We learned that some families had already been purchasing bottled drinking water for 8 years. In a country where we often assume our access to clean drinking water is a right, it was astonishing to realize that this right had been stripped from these families for so long. The families reported recent health problems, including hair loss, skin rashes, and burning sensations while showering. Several families also reported sounds of explosions and rocks falling underneath their homes. Pontiki Coal (an associate of Excel Mining, both subsidiaries of Alliance Resource Partners) reported operating an underground coal mine beneath these homes between 1985 and 1987. We heard anecdotal reports from the residents of recent underground slurry injection, a common use for abandoned underground mines, in the immediate area. The site of the coal waste injection was allegedly far from the road and difficult to relocate, as it may have been covered with brush by heavy machinery. Appalachian Voices is continuing to investigate the possibility of slurry injection in the area, though potentially illegal, unpermitted injection would be difficult to verify after the fact.

We learned of an ongoing history between the families and Pontiki coal. The Howard family had two wells drilled by Pontiki Coal. The first well was determined to be unusable and eventually exploded, burning down the pump house on May 1, 2011. Pontiki Coal had drilled new wells for at least two other families, but these wells were also determined to be unusable by the families. Following the well explosion, Pontiki Coal wanted to cap the burning well, but the family initially refused, fearing this would increase the chance of a methane explosion at their home. The well was tested for methane by Pike County Emergency Management, Mine Safety and Health Administration (MSHA), Kentucky Division of Mine Reclamation and Enforcement (DMRE), and Pontiki Coal on May 3rd and May 10th, 2011, with results ranging widely, from 9.0% to 92.2% methane. The Kentucky Energy and Environment Cabinet tested the composition of the gas emitting from the well and determined it to be similar to that of coal bed methane, a form of natural gas from coal beds, indicating that the gas was likely caused by mining activity. The coal seam in this area is also known for high methane concentrations.

Of the four wells tested for heavy metals by Appalachian Voices and KFTC, two came back with elevated levels of iron and manganese – the levels were above the EPA secondary maximum contaminant levels for drinking water. Not surprisingly, manganese and iron are two metals commonly associated with water pollution from coal mining. The Kentucky Energy and Environment Cabinet also inspected and tested several wells. The Cabinet declared the burning well “mine impacted” due to the methane presence. The Cabinet’s inspection also indicated elevated iron and manganese levels in the Howard’s well, but sulfate levels below those commonly found in mine impacted water. The Cabinet tested the wells of at least three other families for heavy metals. Though they found elevated levels of iron and manganese at a second home and elevated manganese levels at a third home, neither of these wells were declared mine impacted, apparently because the wells contained neither methane nor sufficiently high sulfate levels, nor were they on fire.

Despite only one well being declared mine impacted, it appears all families will soon receive a permanent water solution. With assistance from Excel Mining, the families should be able to connect to Martin County water lines. Though the families live in Pike County, the Martin County lines are closer to the homes – approximately 1.1 miles. Martin County Judge Executive Kelly Callihan met with Excel Mining representatives, persuading the company to pay for the water line extension and water meters. The families will have to pay for lines from the main meter to their homes. Shane Watts, General Manager for Excel, said, “We’re just trying to be good neighbors.” While we thank Excel Mining for addressing this issue, we are disappointed it took intense media coverage of the flaming well and the water donation before they found a permanent solution. According to Ronnie Ellis’s story, neither the families nor the Department of Natural Resources have received any notice of the pending water line extension or funding for the project. Appalachian Voices will continue to monitor this situation to be sure that a permanent solution is implemented. In the words of affected resident, Denise Howard, “When I see it running through my faucets, I’ll believe it.”

Cleaning Up The Watauga!

Tuesday, September 13th, 2011 | Posted by Erin Savage | 1 Comment

A big thanks goes out to all those who helped make the Watauga River a cleaner, more beautiful place to swim, fish, and boat.

On Saturday, September 10th, the Upper Watauga Riverkeeper helped to complete a cleanup of the Watauga River, as part of the nationwide river cleanup day. Wendy Patoprsty and staff from the Watauga County Cooperative Extension organized the event and several ASU professors recruited student volunteers.

A total of 114 volunteers removed 3,740 pounds of trash from the Watauga along Highway 105 between Foscoe and Boone, and along Highway 321. The total weight collected last fall was 1,940 pounds. Let’s hope this indicates that this year’s volunteers did an even better job of finding trash and removing hard-to-access objects, and not that more people have been discarding trash in the river.

I was privileged to take a group of Appalachian State freshman down to the Guy Ford bridge, off Highway 321. I was able to con about 13 students into joining me at the bridge with sincere promises that the area around Guy Ford bridge “wasn’t that bad.” Little did I know, some campers had half-burned camping equipment and left it with broken glass and other trash just downstream of the bridge. After the campsite was cleaned, students hiked up and down the river. The best finds were by volunteers who swam through the river, which had calmed after Tuesday’s rain, and dove to find tires, lumber and even a large road construction sign.

The collection from our site alone filled the back of a pickup truck.

I hope the volunteers who were new to the area took ownership and pride in their contribution and will return to enjoy the river in its spruced up state. When you are down at the river, keep in mind the awesome service the new students contributed to our community.

Other group leaders included: Barbara Michel of ASU Walker School of Business, Dick Hearn, Joan Hearn, and Teresa Buckwalter from the Watauga River Partners, Travis Small and Andi Cochran of Appalachian Geographical Society, Jaimie McGirt, and Andy Hill. Thanks goes out to GDS disposal service, Watauga County Sanitation, and Watauga County Maintenance for help with trash and recyclable disposal.

Check out the Watauga County Cooperative Extension blog for more information.

Big Coal’s Watergate Hearing Wrap Up

Wednesday, September 7th, 2011 | Posted by Erin Savage | No Comments

The hearing against the Kentucky Energy and Environment Cabinet, and ICG and Frasure Creek coal companies wrapped up last Friday. Appalachian Voices, Kentuckians for the Commonwealth, Kentucky Riverkeeper, and Waterkeeper Alliance intervened in the settlement between the Cabinet and the coal companies, arguing the settlement was not fair, reasonable or in the public interest. Appalachian Voices has identified more than 20,000 Clean Water Act (CWA) violations committed by the two companies between 2008 and 2009. Additional violations have been identified in 2011, but are the subject of a separate Notice of Intent to sue. Under the CWA, the violations could result in fines of more than $740 million dollars. The Cabinet originally fined the two companies a total of $1.25 million, but negotiated a consent judgment of $660,000 — $310,000 for Frasure Creek and $350,000 for ICG. These fines represent less than 1% of the total possible fines.

Wednesday, the first day of the hearing, began with opening statements, in which our attorney, Mary Cromer, argued the Cabinet’s fines were insufficient and did not account for the financial benefit gained by the companies through inaccurate reporting. The types of violations identified by Appalachian Voices included repeating data in reports from different quarters, and exceeding pollution limits. State employees, Jeff Cummins, Assistant Director of the Division of Environmental Protection, and R. Bruce Scott, Commissioner of Environmental Protection, were questioned to determine how violations were identified and counted, as well as how fines were assessed. Cabinet attorneys objected to many of the questions regarding the Cabinet’s deliberative process. Judge Shepherd, a former Cabinet Secretary, rejected most of the objections, stating that an understanding of the process was necessary to determine whether fines were adequate, and would probably help the Cabinet’s case.

The Cabinet employees reported that they did not know the total number of pollution discharges held between the two coal companies. Mark Cleland, Environmental Control Manager, attributed some of the violations to transcription and administrative errors. Recognizing the implications of inaccurate discharge monitoring reports (DMRs), Judge Shepherd later asked Scott, without accurate data, “how will the cabinet ever determine if there is a water pollution violation?”

On Thursday, the opposing counsel requested summary judgment from Judge Shepherd, but the judge declined. Tom Gabbard, manager of the Cabinet’s Compliance and Technical Assistance branch, was called as a witness. Gabbard testified to inspections of three sediment ponds. Gabbard reported high conductivity readings, as well as red-orange precipitate, indicative of acid-mine drainage, extending as far as 300 feet down a stream exiting one of the ponds. While the Cabinet’s settlement does require corrective action plans, Gabbard stated that, besides remedial action, the plans do not require anything further than what is already required under existing law.

Eric Chance, of Appalachian Voices, testified that he calculated $31,000 per month saved by Frasure Creek and $10,000 saved by ICG through the use of non-certified, and therefore less expensive, labs. Patrick Garrity, the state’s Drinking Water Laboratory Certification Officer, testified the previous day to the inadequacies of one of the labs used by the coal companies. He cited a lack of record keeping, failure to use proper quality control procedures, and disorganized equipment in the lab. The opposing counsel challenged Chance’s data interpretation. When asked by Frasure Creek attorney Jack Bender if he had included the instances of repeating data in his graphs, he replied, “It was not our priority to correct your DMRs.”

In the final day of the hearing, Bruce Scott was called as a witness for a second time, this time in defense of the Cabinet. He testified to the Cabinet’s efforts in addressing the violations of ICG and Frasure Creek, but claimed that the suit was interfering in the ability of the Cabinet to pursue other environmental problems within the state. Nevertheless, Scott also admitted that Appalachian Voices identified violations that had not been noticed by the Cabinet. Furthermore, the Cabinet has only investigated and fined the three coal companies original identified by Appalachian Voices as having violated the CWA. The coal companies each called a witness to assert that the problems were merely a result of substandard lab work and that the companies had quit using the offending lab, S & S Monitoring. ICG has recently hired a new company, East Kentucky Water Monitoring, to collect water samples. The company was founded and operated by the same employees who previously worked at S & S Monitoring.

At the end of the hearing, all parties agreed to submit post-trial findings and conclusions within 30 days, in place of oral closing statements. Judge Shepherd strongly urged all parties to attempt to settle through a second round of mediation. Judge Shepherd stated that he foresees “difficult and novel issues that are likely to keep the problem in litigation for a long time.”

Appalachian Voices is willing to consider a second round of mediation, provided the other parties come to the table in good faith. Any settlement reached must assure that these companies stop polluting Kentucky’s waterways. Barring successful mediation, we look forward to continuing with this precedent-setting litigation. Setting new legal precedents in clean water act litigation is something that makes Waterkeepers very happy. Regardless of the future outcome, we have already succeeded in achieving record-setting Clean Water Act fines against coal companies in Kentucky and changing the way they have to do environmental compliance.

Additional coverage of the hearing can be found in the following news articles:

Wall Street Journal
Courier-Journal
The Lexington Herald-Leader
The Independent: article 1, article 2, article 3

First Day Wrap-up of Kentucky Coal Trials

Thursday, September 1st, 2011 | Posted by Erin Savage | No Comments

The first day of the hearing against the Kentucky Energy and Environment Cabinet and ICG and Frasure mining companies concluded Wednesday evening. Appalachian Voices, Kentucky Riverkeeper, Kentuckians for the Commonwealth and Waterkeeper Alliance intend to show that the penalties assessed by the Cabinet for the two coal companies are not sufficient to address the severity of the Clean Water Act violations committed by the two companies. If the judge rules in our favor, we will be able to pursue further legal action against both ICG and Frasure Creek for their violations.

Over the course of the day, our attorneys built a case that demonstrated the violations found were not merely administrative violations, but substantive pollution violations that indicated clear disregard for the law. Patrick Garrity, of the Kentucky Department for Environmental Protection, testified to the poor condition of the lab used for many of the coal companies’ discharge monitoring reports, as well as the large discrepancies between testing results from the lab and the state during split sampling. The Cabinet was reluctant to disclose details of the means by which the number of violations and fine amounts were determined. Judge Shepherd acknowledged the need for “protection of the Cabinet’s deliberative process,” but explained that understanding this detail would allow the court to determine the appropriateness of the Cabinet’s actions against the coal companies. Throughout the proceedings, objections came quickly from the opposing counsel. For the most part, these objections were overruled or noted, rather than sustained. We were not allowed to call the Energy and Environment Cabinet Secretary, Len Peters, as a witness, as he was not directly involved with investigation of the companies. We were allowed to ask questions about his op-ed article addressing reasons for the Cabinet’s enforcement failures. You can read more on this in Ronnie Ellis’s story here.

Several interesting facts were revealed during the hearing. The Cabinet admitted to not knowing the total number of NPDES pollution discharges held between the two companies. Given that wastewater discharge pipes from sediment and slurry ponds on surface coal mines are required to be permitted under the Clean Water Act, it is reasonable to believe that an accurate count of such discharges would be known to the regulators. Additionally, the Cabinet acknowledged new, on-going violations by both companies in 2011. Unlike many earlier violations that consisted of repeating “cut and paste” data, the 2011 violations are often permit limit violations of heavy metals and pH levels. This confirms our suspicion that the earlier inaccurate data likely covered up excessive, illegal pollution discharges. The Cabinet has brought new enforcement actions against both companies for the new violations. Additional coverage of the trial can be found in James Bruggers’s article.

Appalachian Voices just received copies of the Notice of Violation (NOV) documents submitted by the Cabinet to both ICG and Frasure for their most recent violations. The violations, listed below, are clearly much more serious than mere administrative violations.

The violations cited for ICG are:

• 75 instances of permit limit violations for manganese, iron, total suspended solids and pH
• 17 instances of failing to report twice a month as required
• failure to submit any DMRs for the Left Fork Processing Waste Impoundment for January, February, and March 2011
• failure to submit iron, manganese and flow results for three outfalls

The violations cited for Frasure Creek are:

• failure to submit any DMRs for 260 outfalls at 32 facilities for January, February and March 2011
• 165 instances of monthly average and daily max permit limit violations for manganese, iron, total suspended solids and pH
• failure to get permit coverage for 9 outfalls (discharging without a valid permit)
• 4 instances of failing to sample twice a month as required

To put these violations in perspective, it would require all wastewater outfalls* from sewage and storm water treatment facilities between Pike, Letcher, Harlan, Martin, Floyd, Knott and Perry counties in eastern Kentucky discharging illegally for 7 months in order to equal the violations from 260 outfalls for which Frasure Creek submitted no DMRs in any one of three total months.

The Cabinet seems to be more stringent in its requirements of Frasure Creek, as compared to ICG. The Cabinet required Frasure to submit 21 corrective action plans to prevent additional pollution discharges above allowable levels; however, even though ICG had 75 pollution exceedences at 18 facilities, they were not required to submit any corrective action plans.

While we are pleased that the Cabinet has continued to investigate both companies for on-going violations, we realize we must not consider our job done. These violations would likely not have been identified had we not put pressure on both the coal companies and the Cabinet through the original notices of intent (NOI) to sue. This most recent set of NOVs came only after we filed our second set of NOIs against Frasure and ICG — the the NOVs were filed just inside the 60 day notice period. Furthermore, the Cabinet has only brought complaints against the companies we have identified. While we certainly hope this fact indicates that all other surface coal mines are operating within the law, we find this possibility unlikely. The fact remains that mountaintop removal mining and valley filling result in tremendous negative impact to water quality, making it both difficult and costly for mining companies to properly control their pollution discharge.

*as calculated from 35 total outfalls mapped by the state of Kentucky for the above mentioned counties.

Appalachian Voices’ First Clean Water Act Trial Beginning This Wednesday in Kentucky

Monday, August 29th, 2011 | Posted by Erin Savage | No Comments

After much preparation and anticipation, our first day in court will begin in just two short days. Appalachian Voices, along with its partners, Kentucky Riverkeeper, Kentuckians for the Commonwealth, and Waterkeeper Alliance will appear in court in Franklin County, Kentucky this Wednesday to begin the first portion of litigation against ICG, Inc. (now owned by Arch Coal) and Frasure Creek Mining, two of the largest coal mining companies in Kentucky.

We have filed two notices of intent to sue for a combined total of more than 24,000 violations of the Clean Water Act by both companies. This initial hearing serves to determine whether the $660,000 in fines issued by the Kentucky Energy and Environment Cabinet against the two companies are fair, reasonable and in the public interest. The fines were issued as a response by the Cabinet to our initial notice of intent to sue, but the amount represents less than 1% of the more than $700 million in fines allowable under the Clean Water Act. We think the fines are woefully inadequate and we hope the judge will decide the same.

The trial is open to the public. We appreciate any of our supporters in the Frankfort area taking the time to attend this groundbreaking trial. Your presence will show the coal companies that they cannot blatantly break the law and expect it to remain concealed from the public. For those who cannot attend, we will be providing updates via the Appalachian Voices twitter feed.

The trial information:

Date: Wednesday, August 31st, scheduled to continue through September 2nd
Time: 9:00am
Place: Franklin County Courthouse
669 Chamberlain Ave
Frankfort, KY 40601
Courthouse Telephone: (502) 564-7013

App Voices and Partners Enter into a Second Lawsuit against KY Coal Company Nally & Hamilton

Tuesday, August 23rd, 2011 | Posted by Erin Savage | No Comments

Appalachian Voices, Kentuckians For The Commonwealth, Kentucky Riverkeeper and Waterkeeper Alliance today sent Nally and Hamilton a 60-day Notice of Intent to sue over additional Clean Water Act violations with potential penalties of more than $180 million.

Based on a review of state water monitoring reports, the coalition identified more than 5,000 additional violations of the Clean Water Act on top of the 12,000 violations previously discovered in March.

“The undeniable pattern of coal companies blatantly disregarding the law in Kentucky is nothing new to our coalfield citizens,” said Suzanne Tallichet with Kentuckians For The Commonwealth. “Their ongoing pollution of the rivers and streams that our citizens rely on for drinking water is precisely why more and more health studies link mountaintop removal coal mining to a whole host of human health impacts from cancer to birth defects in babies.”
(more…)

Possible Methane Contamination of Drinking Water Wells in Kentucky

Thursday, August 11th, 2011 | Posted by Erin Savage | 2 Comments

“In all my 20 years of working on water quality problems, I have never seen a drinking water well catch on fire and burn continuously for days on end,” Donna Lisenby said in reaction to news reports of a well fire in Pike County, Kentucky.

Ted Withrow of KFTC observes the methane contaminated, flaming well. Photo credit: Sue Tallichet

Kentuckians for the Commonwealth Steering Committee member Ted Withrow contacted Appalachian Voices for assistance with heavy metal sampling for 4 Kentucky families whose wells may be contaminated with methane. One well has flames that shoot more than a foot high out of the top of their well. Families in the area report that the water sometimes runs orange or black, and causes their skin to burn upon contact. Some individuals suspect nearby Excel Number 2 mine to be the source of the contamination. The families reported the water problems to government officials in May, but no action has been taken to help the families.

Kentuckians for the Commonwealth and Appalachian Voices have organized the delivery of 30,000 bottles of water, donated by Keeper Springs Natural Spring Water and Nestle Pure Life Purified Water, to the families. This generous donation will hopefully fulfill the families’ water needs and alleviate some financial strain until a permanent solution can be found. Appalachian Voices is providing heavy metal testing to identify any other pollutants in the water.

The fact that many aspects of the coal cycle can damage drinking water supplies is nothing new – underground slurry injections and slurry ponds contaminate water in West Virginia, coal ash from power plants contaminates water in Tennessee and now underground mining operations may be contaminating drinking water wells in Kentucky. As we receive the results of heavy metal tests, we should be able to make progress on identifying the extent of the contamination. Stay tuned to the Front Porch Blog as this story develops.

Make Your Voice Heard: Support New Mercury Standards To Protect Human Health

Monday, July 25th, 2011 | Posted by Erin Savage | 3 Comments

The EPA has proposed new standards for mercury and other toxic air pollutants from coal and oil-fired power plants. You have until August 4th to make your voice heard at the EPA. Even if you are not concerned about the effects of mercury on your own health, you should be concerned for your future children, grandchildren, nieces and nephews and all unborn children. Here’s why:

Mercury emitted from power plants enters the air and then accumulates in our environment through atmospheric deposition. Atmospheric mercury spreads around the country, which means that concentrations in the air are thankfully not that high. The problem is that mercury bio-accumulates in fish when the mercury settles out of the atmosphere and is washed into our rivers, lakes and oceans. As fish live in mercury-contaminated water, they progressively accumulate greater amounts of mercury in their tissues. When we eat these fish, we consume the accumulated mercury.

The developing fetus is most susceptible to adverse effects of mercury consumption, making fish consumption by pregnant women very dangerous. Mercury exposure in children can lead to neurological deficits, including problems with attention, fine motor function, language skills, visual-spatial abilities and verbal memory.

Coal-fired power plants are the largest source of mercury emissions in the country. The proposal from the EPA would seek to reduce mercury emission by 91%. The additional standards for other toxic air pollutants would, according to the EPA, prevent “as many as 17,000 premature deaths and 11,000 heart attacks a year. The new proposed standards would also provide particular health benefits for children, preventing 120,000 cases of childhood asthma symptoms and about 11,000 fewer cases of acute bronchitis among children each year. The proposed standards would also avert more than 12,000 emergency room visits and hospital admissions and 850,000 fewer days of work missed due to illness.”

Coal companies are fighting the rule by claiming the new regulation would lead to the early closure of coal-fired power plants and the loss of jobs. Can we really claim that preventing the closure of out-dated, dirty power plants outweighs protecting the health of our children? Furthermore, a study by CERES and Political Economy Research Institute of the University of Massachusetts shows that this regulation and the Clean Air Transport Rule (CATR) will create a combined total of over 290,000 jobs.

Tell the EPA you support new mercury and toxic air pollutant standards!

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