Two shipping firms based in Germany and Cyprus recently pleaded guilty to felony obstruction of justice charges and violating the Act to Prevent Pollution from Ships related to the deliberate concealment of vessel pollution from four ships that visited US ports in New Jersey, Delaware, and Northern California, announced the Department of Justice Environment and Natural Resources Division, the US Attorney’s Offices in New Jersey and Delaware, and the US Coast Guard.
US Attorney for the District of New Jersey Paul J. Fishman and US Coast Guard Deputy Commander of the Delaware Bay Sector Capt. Todd Wiemers announced the plea agreement—which includes a $10.4 million penalty, $2.6 million of which will be used address environmental damage caused by Hurricane Sandy—at a press conference in Newark, New Jersey.
According to a multi-district plea agreement arising out of charges brought in the District of New Jersey and District of Delaware, Columbia Shipmanagement (Deutschland) GmbH (CSM-D), a German corporation, and Columbia Shipmanagement Ltd. (CSM-CY), a Cypriot company, have agreed to pay a $10.4 million penalty and be placed on probation for four years. During probation, the companies will be subject to the terms of an environmental compliance program that requires outside audits by an independent company and oversight by a court appointed monitor. The shipping firms admitted that four of their ships (three oil tankers and one container ship) had intentionally bypassed required pollution prevention equipment and falsified the oil record book, a required log regularly inspected by the US Coast Guard. The case is the largest vessel pollution settlement in either New Jersey or Delaware. The guilty pleas were entered before US District Judge Susan D. Wigenton in Newark federal court. Sentencing is set for June 24, 2013.
“Deliberate pollution and intentional falsification of ship records to hide environmental crimes are serious offenses. These reprehensible actions not only damage the marine environment, but also put law breakers at a competitive advantage over those who respect the law and play the by rules” said Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “We intend to send a message with these prosecutions that those engaged in deliberate despoiling of our precious natural resources will be vigorously prosecuted.”
“We in New Jersey are as sensitive as anyone to the need to preserve the shoreline,” said US Attorney for the District of New Jersey Paul J. Fishman. “Shipping companies who foul the water by deliberately discharging oil and lying about it to the Coast Guard can expect to be prosecuted.”
“This prosecution is a fine example of multi-district cooperation in enforcing federal environmental law and achieving a just sentence,” said US Attorney for the District of Delaware Charles M. Oberly III.”
“This was a case of willful pollution and deliberate falsification of records designed to deceive the Coast Guard,” said Captain David Fish, Chief of Investigations for the Coast Guard. “It takes both resources and a culture of compliance to abide by the law. We are hopeful that the remedial measures required as part of this criminal conviction will have a positive impact on these companies and serve as a message to other maritime companies as to what is expected.” The proposed $10.4 million penalty includes $2.6 million in organizational community service payments to assist the coastal maritime environment in New Jersey and Delaware damaged by Hurricane Sandy. The plea agreement directs the funds to environmental projects that will be selected by the National Fish & Wildlife Foundation to help conserve, preserve, and restore the coastal environment of New Jersey and Delaware hit by Hurricane Sandy.
The investigation into the M/T King Emerald was launched on May 7, 2012, after several crew members provided cell phone photos and other evidence to Coast Guard officers conducting a routine inspection. The King Emerald was engaged in various types of illegal discharges of bilge waste dating back to at least 2010. In pleading guilty, the defendants admitted that illegal discharges of both sludge and oily bilge waste were discharged at night off the coast of Central America, including a discharge within the Exclusive Economic Zone of Costa Rica where a national park is located. The ship’s second engineer pleaded guilty previously and will be sentenced in Newark on April 3, 2013.
The Delaware investigation began in October 2012, after several crew members of the M/T Nordic Passat provided the Coast Guard with a thumb drive containing photographs and video showing how illegal discharges had been sent overboard through the ship’s sewage system. They also alleged that sludge had been put into the ship’s cargo tanks and that logs showing sludge had been incinerated onboard had been falsified. The charges involving the M/V Cape Maas stem from a whistleblower report to the Coast Guard when the ship visited the port in San Francisco. He provided a video showing the operation of the oily water separator pumping overboard without the use of the oil content monitor to detect and prevent oil from being illegally discharged.
Just two weeks prior to the plea, the defendants and their attorneys disclosed violations on a fourth ship, the M/T Cape Taft that was then anchored in New York waters and destined for New Jersey. After the ship disclosed problems to the company, an internal investigation revealed that the ship’s oily water separator had been used improperly for some time. Instead of sensing a sample of overboard discharges, it was instead flushed with fresh water by the crew. The ship’s oil record book was revised by CSM-D to reveal 16 instances where it was false. The defendants cooperated with the investigation and provided the government with video replays of the oil content monitor showing when the crew had “tricked” the sensor with fresh water.
In pleading guilty, the defendants have admitted the following in a detailed joint factual statement filed in court:
- The King Emerald oil tanker used three different methods to illegally dispose of oily bilge waste. In April 2012, approximately five tons of oily waste was discharged in the exclusive economic zone of Costa Rica approximately 45 miles from a national park.
- At least three chief engineers and the second engineer were involved in illegal discharges and intentional falsification of the oil record book for the King Emerald. In one instance, the oily water separator was operated solely for the purpose of generating data on the ship’s electronic recording device to account for an illegal discharge that had already taken place.
- During the Coast Guard boarding in Carteret, New Jersey, the second engineer lied to inspectors and then hid a valve used to make illegal discharges in an overhead space on the ship.
- Oil contaminated bilge waste was illegally pumped overboard from the M/T Nordic Passat on the orders of the chief engineer and second engineer with a portable pump and “magic hose” that was draped down three levels of the engine room to dump overboard through the sewage system.
- Illegal discharges have been made from the M/T Nordic Passat since 2006 by “tricking” the sensor designed to detect oil with fresh water during overboard discharges on a regular and routine practice by or at the direction of the chief engineer and second engineer. As a result, virtually every discharge totaling approximately 2,000 tons of unmonitored and oil contaminated bilge waste were discharged into ocean waters illegally and in violation of MARPOL over at least a six year period and all of the corresponding entries in the oil record book were false.
- During the Coast Guard boarding of the Nordic Passat, senior ship engineers lied to the Coast Guard and told lower level crew members to lie.
- On the M/V Cape Maas, a container ship, the manufacturer’s seal on the oil content monitor had been broken and fresh water had been used to trick the sensor.
The plea agreement sets forth the counts charged as to each defendant in each district including six counts involving three vessels in New Jersey and four counts involving one ship in Delaware. The guilty pleas include violations of the Act to Prevent Pollution from Ships for failing to maintain an accurate oil record book; obstruction of justice, and making false statements. The maximum penalty for each of these felony offenses is $500,000 or up to twice the gross gain or loss from the offense for a corporation.
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How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, material safety data sheet (now called “safety data sheet” or SDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on SDSs.
DHEC Launches Permit Central to Streamline Permitting Process
“Anyone who has ever run or owned a small business knows just how hard it can be, and today South Carolina has taken steps to help reduce this burden,” said Governor Nikki Haley. “It’s a great day in South Carolina when we can save our businesses time because time is money.”
“Government needs to run like a business, and that is exactly what we’ve done today,” said DHEC Director Catherine Templeton. “We talked to our customers and created a way to help. Permit Central enables us to work proactively with the private citizens and business owners who need permits. Safeguarding public health and the environment doesn’t mean hiding the ball. We will work through Permit Central to meet people where they are and help them understand the process.”
Permit Central consists of a series of customer service tools that provide applicants with information about permits in plain, helpful language. The Permit Central initiative comprises:
- The Permit Central Team—a panel of permitting specialists with expertise ranging from air to solid waste to healthcare. This team will talk with applicants about business plans and help determine necessary approvals.
- The Small Business Team—a specially trained team equipped to understand the unique challenges faced by small businesses.
- The Permit Central website—an interactive site that offers topical questions about business activities that might require permits. The site produces a report based on the responses that applicants can use to plan. Also, the website will include time frame estimates, tips for expediting the permitting process, application forms, and a database that allows customers to check the status of their application.
- A board review committee—a panel consisting of three of seven members of the South Carolina Board of Health and Environmental Control to expedite the review process for challenges to agency actions. Although state law requires the board to decide whether to hear formal disagreements within 60 calendar days, this rotating panel will work to shorten the appeals process concerning the issuance, denial, renewal, suspension, or revocation of permits.
SF6 Reporting Deadline Just Around the Corner
The March 30th regulatory deadline for reporting sales and research usage of SF6 in California is fast approaching. California regulations (Title 17, California Code of Regulations, sections 95340 to 95346) require distributors and sellers of sulfur hexafluoride (SF6) in California to submit annual sales data to ARB no later than March 30 of the following year. These data must provide information on individual transactions including the intended use by transaction.
Data for the 2012 calendar year must be reported by March 30, 2013. We thank those who have already sent in their reports.
In addition, research users of SF6 in California must report their usage in the state and other data as outlined in Section 95345 of the regulation. For those researchers who have not yet sent in their information, please do so via letter or email documentation.
The regulation to reduce emissions of SF6 from non-electric and non-semiconductor applications was approved by the Board on February 26, 2009. The California Office of Administrative Law subsequently approved this regulation and filed it with the Secretary of State. The regulation became effective January 1, 2010.
EPA Approves Arkansas Greenhouse Gas Program
The Arkansas Department of Environmental Quality (ADEQ) worked closely with EPA to develop a state program to replace the existing federal program and submitted it for EPA review in November.
Arkansas’ authority to issue air permits for new or modified GHG pollution sources will become effective in April, just four months after the EPA’s proposed approval of the program. Arkansas is the first state in the Region to replace a federal implementation plan with their own State program, which will eliminate the need for businesses to seek air permits from two separate regulatory agencies. This action will increase efficiency and allow for industry to continue to grow in Arkansas.
“Business and communities benefit when environmental regulators are effective and efficient in doing their job,” said Regional Administrator Ron Curry. “We look forward to working with our partners at ADEQ as we continue to address our common goal of protecting people and the environment. I am especially pleased to recognize Director Marks and her team for this important accomplishment.”
“This is an important step forward for our agency and the state. This gets us back to a one-stop permitting shop, allowing businesses requesting air permits to take their entire application to one agency and for us to review the complete package,” said the Director of ADEQ, Teresa Marks. “We have worked toward this goal for several years and appreciate the cooperation of EPA in the process.”
EPA believes states are best equipped to run GHG air permitting programs, and the EPA will now rescind the federal program for GHG permitting in Arkansas. Arkansas serves as a model for other states in developing state-lead GHG permitting programs and successfully collaborating with EPA on the review and approval for issuing GHG air permits.
A Milestone for New Carbon Dioxide Capture/Clean Coal Technology
An innovative new process that releases the energy in coal without burning—while capturing carbon dioxide, the major GHG—has passed a milestone on the route to possible commercial use, scientists are reporting.
Liang-Shih Fan and colleagues explain that carbon capture and sequestration ranks high among the approaches for reducing coal-related emissions of the carbon dioxide linked to global warming. This approach involves separating and collecting carbon dioxide before it leaves smokestacks. Fan’s team has been working for more than a decade on two versions of carbon capture termed Syngas Chemical Looping (SCL) and Coal-Direct Chemical Looping (CDCL). They involve oxidizing coal, syngas, or natural gas in a sealed chamber in the absence of the atmospheric oxygen involved in conventional burning. Metal compounds containing oxygen are in the chamber. They provide the oxygen for oxidation, take up coal’s energy, release it as heat in a second chamber, and circulate back for another run in the first chamber.
Their report describes the longest continuous operation of the CDCL test system. It operated successfully for 200 hours without an involuntary shutdown. The system used sub-bituminous and lignite coals, which are the main source of carbon dioxide emissions at US coal-fired power plants. Carbon dioxide captured during operation had a purity of 99.5%.
NOAA Plans to Address Environmental Injuries from 2005 Gulf Oil Spill
The draft plan describes the steps NOAA has taken to see if natural resources, such as marine habitats, were injured by the nearly two million gallon spill, as well as the extent of those injuries. The spill began on November 11, 2005 when the Tank Barge DBL 152 struck submerged remains of a pipeline service platform that collapsed during Hurricane Rita approximately 50 miles southeast of Sabine Pass, Texas.
“Sometimes effects of oil spills are immediate and clearly visible, but often the effects are less obvious and require expertise and time to properly evaluate,” said Troy Baker, NOAA’s Assessment and Restoration Division acting southeast branch chief who has been leading this project, “Developing this draft plan and the comment period for it is the next step in an ongoing process.”
The draft plan also describes environmental restoration proposed by NOAA to compensate the public for environmental injuries resulting from the oil spill. To help address this, NOAA has proposed estuarine shoreline protection and a salt marsh creation project at the Texas Chenier Plain National Wildlife Refuge Complex in Galveston Bay. Once the plan is finalized, NOAA would apply to the Oil Spill Liability Trust Fund—which is funded through costs and penalties recovered from polluters as well as taxes on the petroleum industry—to fund the restoration.
Public comments on the draft plan may be submitted by mail or electronically through April 15.
Following the public comment period, NOAA will consider any comments received and release a final restoration plan. This comment period is the last step before restoration projects are selected and funding is sought from the Oil Spill Liability Trust Fund.
Portland Maine Fined for Sewer Overflows
As part of the settlement, the City has agreed to address erosion along the banks of Dole Brook. EPA also previously issued a related order requiring Portland to better manage its sewer system to prevent additional overflows.
Portland’s wastewater collection system is comprised of combined sewers, in which stormwater and sewage are carried in the same pipes, and separate sewers that are designed to carry only sewage and not storm water. On at least 22 occasions over the past five years, Portland’s separate sewer system has overflowed and released raw sewage to surface waters. Some of these overflows have spilled tens of thousands of gallons of sewage. These overflows are caused, in part, by known problems that have developed as the City grows and its collection system ages.
The EPA Order requires the City to correct physical deficiencies and to better maintain the sewer system, to better manage high flows that contribute to overflows, and to stop future overflows as quickly as possible. Sewage overflows carry harmful bacteria and viruses as well as other pollutants and can create serious health risks.
“Because of the known health risks associated with discharges of raw sewage into the environment, working with cities and towns to proactively manage sewer systems is one of EPA’s highest priorities,” said EPA Regional Administrator Curt Spalding. “In New England, overflows from sewer systems are among the largest remaining sources of water pollution. The actions called for in this settlement should result in addressing that problem in Portland.”
Dole Brook has seriously eroded its banks, particularly during large storm events. As part of the settlement of the EPA’s penalty claims, the City will implement a $45,000 project to prevent future erosion along a 1,000 foot stretch of the Brook. Unchecked erosion can impair water quality. This project is intended to help control that problem.
West Virginia Fined for Underground Storage Tank Violations
As part of the settlement, W.Va. DOT has also agreed to statewide improvements of its UST monitoring procedures.
With millions of gallons of petroleum products and hazardous substances stored in USTs throughout the US, leaking tanks are a major source of soil and groundwater contamination. EPA and state UST regulations are designed to reduce the risk of underground leaks and to promptly detect and properly address leaks thus minimizing environmental harm and avoiding the costs of major cleanups.
EPA cited W.Va. DOT for not complying with federal and state safeguards designed to prevent, detect, and control leaks of petroleum and other hazardous substances from underground tanks. EPA alleged that the W.Va. DOT failed to perform and/or document required release detection activities at a total of 17 USTs used to store diesel fuel and used oil at Division of Highway facilities. These facilities are located in the following West Virginia municipalities: Barbourville, Berkeley Springs, Buckhannon, Forest Hill, Gassaway, Harrisville, New Creek, Peterson, Wilkinson, and Williamson.
In addition to the $30,000 penalty, W.Va. DOT has agreed to improve release detection procedures at 43 underground fuel tank facilities statewide by upgrading to a more sophisticated monitoring system, which complies with regulatory requirements.
The settlement penalty reflects the W.Va. DOT’s cooperation with EPA in correcting the alleged non-compliance and resolving this matter.
Dairies Face Penalties for Water Code Violations
The owner/operator of the John Jacobi Dairy faces a penalty of $6,000 for failure to respond to a directive to submit a monitoring well installation and sampling plan to conduct groundwater monitoring at the dairy or to join a representative groundwater monitoring coalition.
The owner/operator of the Alcaraz Dairy faces a penalty of $9,300 for failure to respond to a directive to submit a monitoring well installation and sampling plan to conduct groundwater monitoring at the dairy or to join a representative groundwater monitoring coalition, and for failure to submit an annual report for the 2011 calendar year, which was due by July 1, 2012.
The directive to install groundwater monitoring or join a representative groundwater monitoring coalition and the requirement to submit annual reports are necessary to detect ground water degradation and determine whether the dairies’ current operational practices comply with the General Order for the adequate protection of ground water quality.
The complaints are scheduled to be heard by the Central Valley Water Board at a public hearing scheduled for May 30 or 31, in Rancho Cordova.
Green America Recycling Receives Final Hazardous Waste Permit Modifications
The Missouri Department of Natural Resources has approved hazardous waste permit modifications that would allow a Marion County recycling company to convert processed solid hazardous waste into a clean synthetic gas to be used as alternative fuel for a cement kiln operated by Continental Cement Company, LLC, at the same location.
The department issued final hazardous waste permit modifications to Green America Recycling, LLC, 10107 Highway 79, Hannibal, allowing it to build a treatment unit to convert processed solid hazardous waste debris into a clean synthetic gas to be used as alternative fuel in the precalciner portion of the kiln system.
The final permit modifications identify the facility name as Green America Recycling, LLC, however, the permits are issued to and regulate activities performed by both Continental Cement Company, LLC, and Green America Recycling, LLC.
Continental Cement Company, LLC, operates a dry process cement kiln permitted to burn hazardous waste, and Green America Recycling, LLC, operates an active hazardous waste treatment and storage facility at the site. Continental Cement uses mainly pulverized coal to heat its kiln and calciner. Some of the hazardous waste comes from on-site operations, but most comes from off-site hazardous waste generators or third party hazardous waste blenders or brokers. The hazardous wastes are blended and stored in tanks until they are fed to the kiln as fuel.
Green America is operating under two hazardous waste permits. The department issued the Missouri Hazardous Waste Management Facility Part I Permit. The EPA issued the Hazardous and Solid Waste Amendments Part II Permit.
The final Part I Permit Modifications are available on the department’s website at www.dnr.mo.gov/env/hwp/permits/notices.htm. Supporting documents are not available on the department’s website due to their size. The public can review and copy the final Part I Permit Modifications and supporting documents at the Hannibal Free Public Library, 200 S. Fifth St., Hannibal, during its normal business hours; by appointment only at the department’s Elm Street Conference Center, 1730 E. Elm St., Jefferson City; or EPA’s Library, 11201 Renner Blvd., Lenexa, Kansas.
There were no comments made on the draft Part I Permit Modifications during the public comment period. Any parties adversely affected or aggrieved by the department’s decision to issue the final Part I Permit Modifications may be entitled to pursue an appeal before the Administrative Hearing Commission by filing a petition within 30 days, as more fully described on page 7 of the final Part I Permit Modifications. The final day to appeal the approval of these permit modifications is April 19.
Maine DEP Concerned By State Board’s Overturning of Department Wind Power Project Denial
Officials with the Maine Department of Environmental Protection say a decision recently by a state board to overturn its denial of a proposed wind farm on Passadumkeag Mountain threatens the state’s scenic character.
Maine’s Board of Environmental Protection voted 5–1 to reverse DEP’s permit denial of a proposed 14-turbine, 42-megawatt wind farm atop Passadumkeag Ridge in Grand Falls Township. The board’s decision authorizes Texas-based Quantum Utility Generation to move forward with the development of the wind farm once DEP writes the permit as ordered to do by the citizen board.
The state’s leading environmental agency had rejected the application in November because the array of 459-foot-tall turbines would critically compromise views from Saponac Pond, considered a scenic resource of state and national significance. Analysis concluded the turbines would be visible from 97% of the pond, creating an adverse effect on the pond’s character and existing uses dependent upon it, such as fishing, canoeing, and kayaking.
The decision was the first denial of a grid-scale wind project by the DEP and came after six months of review. It was celebrated by the region’s residents and visitors who recreate or make a living by guiding within view of the 1,470-foot Passadumkeag Mountain.
In its appeal of the department’s decision, developer Quantum and landowner Penobscot Forest, LLC, contended the value DEP placed on scenic character was “arbitrary” and because there were already small camps and a history timber harvesting operations on the mountain, it was already developed.
“My predecessor picked wind as the energy favorite, and that came at a high price for Maine people and our state’s natural resources and outdoor heritage,” said Governor Paul R. LePage. “While the initial—and largely taxpayer funded—investment in wind-power projects may be attractive to some, one-of-a-kind views like the ones from Saponac Pond have great value, and are long-term drivers of Maine’s tourism and natural resource-based economy. I applaud DEP for subjecting wind-power projects to the same robust review as other industrial development in our state. I am deeply disappointed in the Board of Environmental Protection’s decision. To say camps and logging operations have the same visual impact as 459-foot-high turbines flies in the face of common sense, and it is an insult to Maine’s centuries-old sustainable forestry community.”
DEP Commissioner Patricia W. Aho said her agency reviews each wind-power application thoroughly, making its permitting decisions within the context of the state’s environmental standards.
The Passadumkeag project was the first reviewed under a new internal process established by Commissioner Aho that requires two public meetings instead of one on all grid-scale wind projects to ensure transparency. Dozens spoke out passionately at those meetings and sent written comments to the department expressing serious concerns about how the project would dramatically degrade the region’s character.
“We not only heard those citizen concerns loud and clear, but when we looked at the photo simulation of this project, we could see them,” said Commissioner Aho. “Our agency is entrusted to review each site on its individual merits within the parameters of the State’s standards. Sometimes we need to say no, and the board’s vote today calls into question whether we can truly do that when it comes to mountaintop wind development. I stand fully behind our licensing staff’s decision that this was the wrong project for this special place.”
Every decision made by DEP on whether to permit grid-scale wind power has been appealed. The vote marks the first time the Board of Environmental Protection has not upheld a department decision.
There are three other proposed wind developments now under review by DEP, including FirstWind’s 18-turbine Hancock Wind and 16-turbine Bowers Wind and Patriot Renewable’s eight-turbine Canton Mountain project.
Cape Cod Commission to Develop Water Quality Management Plan
A recently signed memorandum of understanding (MOU) will initiate the development of a comprehensive water quality management plan for Cape Cod and provide $3.35 million to accomplish the plan. Under the MOU, a draft plan will be submitted for public review within a year, and a final plan thereafter.
The Cape Cod Commission is the regional agency charged with developing the water quality plan which, when implemented, will reduce nutrient pollution of Cape waterways to meet state and federal water quality standards. The $3.35 million to fund the management plan was approved in January by the Massachusetts Water Pollution Abatement Trust, which is jointly administered by the Treasurer’s Office, the Massachusetts Department of Environmental Protection (MassDEP) and the Office of Administration and Finance.
“Addressing the Cape’s wastewater crisis is a crucial challenge we must face for the sake of our economy, as well as our environment,” said Governor Deval Patrick. “The Commonwealth stands ready to be a strong partner in that effort.”
“The signing of this MOU is a significant step towards eliminating an environmental threat. It demonstrates our ongoing commitment to the economic well-being of those who live on the Cape,” said State Treasurer Steven Grossman. “As a homeowner on Cape Cod for the last 30 years, I know first-hand how dealing decisively with this crisis will benefit the environment, tourism and our economic future.”
Excessive nutrients, such as nitrogen, discharged from septic systems and other sources have contaminated Cape Cod bays, rivers, and streams. Nitrogen overload causes growth of nuisance plants, weeds, and algae, destroying habitat for native finfish, shellfish, and plants. Nutrient pollution can also lead to a decline in fishing, shell-fishing, tourism, and property values.
“Nutrient pollution is a serious threat to the quality of life on Cape Cod, and finding a solution to this complex problem is a priority for the Commonwealth,” said Energy and Environmental Affairs Secretary Rick Sullivan. “We will work with the Cape Cod Commission and local communities to ensure that a regional, watershed-based plan will be drafted to protect the Cape for generations to come.”
Cost estimates for implementing a solution to the nutrient problem range from $3 to $8 billion; the lower amount depends upon achieving a locally driven regional approach built on communities partnering around shared watersheds. This funding will provide the Commission with the resources they need to develop the most cost-effective and environmentally sound approaches to managing water quality across the Cape.
The Commission will use $3 million to develop a plan that will prioritize water resources, identifying the most impaired or endangered, and the actions needed locally to achieve water quality goals as quickly as possible. The plan will also limit the amount of infrastructure needed by prioritizing those areas requiring “shared” systems to restore water quality. It will also provide an opportunity to more fully evaluate decentralized and innovative approaches, and identify preferred solutions for nutrient management in nitrogen-sensitive watersheds. A portion of those funds have now been transferred to the Commission to begin work on the plan.
An additional $350,000 appropriated by the Trust will be used to build a Cape Cod Wastewater “SmartMap” and cost model. It will link land-use data with newly developed scientific and financial planning data to help Cape communities identify environmentally appropriate and affordable wastewater infrastructure solutions. It will also support the development of the regional management plan.
MassDEP will oversee the plan development, in conjunction with other officers of the Trust. Once the plan is finalized and certified by Governor Patrick, it will be submitted to the EPA for approval.
“MassDEP will partner with the Commission and local officials to develop and implement a cost-effective solution that addresses the serious nutrient problems that exist in watersheds across the Cape,” said MassDEP Commissioner Kenneth Kimmell. “We will ensure that this process includes significant citizen participation and public input every step of the way.”
“Cape Cod’s environment is its economy,” said Cape Cod Commission Executive Director Paul Niedzwiecki. “Our state environmental partners have provided the means to forge years of local planning into watershed-based solutions that are effective and efficient.”
“The Cape Cod Commission has been working for years to find a cost-effective solution to the region’s wastewater problems and I want to thank Governor Patrick and Treasurer Grossman for understanding that this is a pressing environmental issue for the Cape Cod region,” Senate President Therese Murray said. “It is clear that the problem is only going to get worse if action is not taken in the immediate future and this funding will allow the Cape Cod Commission to take the next step in developing a water quality plan.”
“Our working motto on the Cape, facing the most significant environmental challenge of our generation, is that we have to think regionally, and act locally,” said Sen. Dan Wolf. “This strong support at the state level allows us to do just that: plan watershed by watershed, implement community by community, garner all available resources to do so, and keep the final price tag as low as possible.”
“The need to preserve and protect Cape Cod’s sole source aquifer and coastal waters is not only critically important to our fishing and tourism industries, but also the health and well-being of people who live on Cape Cod,” said Rep. Brian Mannal. “This step will enable the Cape Cod Commission to begin developing a wastewater management plan that will serve as the roadmap for avoiding a looming environmental catastrophe in our region.”
“Much like the recent discussions in Boston have been around transportation infrastructure, on Cape Cod, our focus has been on the long-standing need for improved wastewater treatment,” said Rep. Timothy Madden. “Those of us who live on and visit the Cape come here to enjoy the wonderful natural resources. This agreement is an important step towards ensuring an improved quality of life for future generations. Doing nothing cannot be an option, and it will take a substantial investment from the state and our towns to make this a reality.”
“This funding is very helpful to all of us on the Cape. It will enable us to move the process along and develop a plan that is environmentally sound and cost effective,” said Rep. Sarah Peake.
“Water quality, wastewater and the economy are regional issues for the Cape and are inherently tied together so it is essential that we have a regional plan for dealing with water quality issues that affect the Cape as a region,” said Rep. Cleon Turner. “We are grateful to the Patrick-Murray Administration and State Treasurer Steve Grossman’s office for providing the funds necessary to develop this plan.”
The MOU was signed by Treasurer Grossman, MassDEP Commissioner Kimmell and Commission Executive Director Niedzwiecki. Also signing on were Barnstable County Commissioners Mary Pat Flynn, Sheila Lyons and William Doherty.
The MOU designates the Commission as the area-wide planning agency for Cape Cod and it requires the Commission to draw up the water quality management plan. The agreement also outlines the responsibilities required to be carried out by the Trust, MassDEP and the Commission.
Among the items listed in the MOU Scope of Work is establishment of a regulatory agency working group to oversee the Sec. 208 planning process, and the creation of a robust public participation process that will include advisory committees at the Commission level, watershed level, and municipal level.
ConGlobal Fined for Polluting Duwamish Waterway
ConGlobal Industries, a Seattle industrial firm faces a $35,000 fine for failing to provide required treatment and for violating pollution limits for water discharged into the Duwamish Waterway.
The Department of Ecology (Ecology) issued the penalty to ConGlobal, which leases, repairs and maintains shipping containers just south of Harbor Island on the waterway’s eastern shore.
The company operates under a state water quality permit that requires monitoring and treatment of stormwater that drains from 23 acres of outdoor industrial areas. Storm water drains from these areas to the Duwamish Waterway via four stormwater outfalls.
The permit required ConGlobal to implement stormwater treatment in 2011 in response to high concentrations in 2010 of copper, zinc and turbidity, a measurement of water’s silt content. Ecology found the company had not completed adequate treatment for three of the four drainage systems.
ConGlobal’s stormwater discharges also repeatedly violated limits for total suspended solids (TSS), a measurement of solid particles in stormwater runoff. The company failed to report at least 16 of these violations from 2010 through 2012. Although ConGlobal implemented stormwater treatment, Ecology found the treatment measures did not adequately treat stormwater.
“Reporting and treatment are crucial tools for controlling and preventing pollution,” said Kelly Susewind, who manages Ecology’s water quality program. “Prompt reporting means Ecology can start technical assistance to the company on solutions right away. At ConGlobal, properly treating the metals would also solve the total solids problem.”
ConGlobal can appeal the penalty to the Washington State Pollution Control Hearings Board.
Copper and zinc in water and sediment can be toxic to fish and other aquatic and marine life. Silty particles can damage fish gills and may carry metals that settle in sediments.
Ecology’s penalty is part of the Duwamish Urban Waters Initiative, a program to visit facilities that are potential sources of pollution to storm drains or sanitary sewers, lack environmental permits, or are potential generators of hazardous waste. A technical specialist helps each company identify whether it needs permits or can make voluntary improvements to its environmental practices.
The Urban Waters Initiative is a cooperative program aimed at controlling sources of pollution to the Duwamish Waterway and two other water bodies. The 2007 Legislature established the Initiative, which also operates along Tacoma’s Commencement Bay and the Spokane River in Spokane.
The Initiative supports Ecology’s work as a co-manager with the US EPA of the Lower Duwamish Waterway sediment cleanup site, a 5.5-mile stretch of the Duwamish upstream from Harbor Island. The Initiative also aids in Ecology’s priorities of reducing toxic threats and supporting the Puget Sound Initiative, a comprehensive effort by local, tribal, state, and federal governments, business, agricultural, and environmental interests, scientists, and the public to restore and protect the Sound.
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Trivia Question of the Week
How many PCs are thrown out each year in the US?
a. 14 to 20 million
b. 4 to 6 million
c. 8 to 13 million
d. 25 to 30 million
