Canadian Enviro Enforcement Criticized

An environmental lobby group in Canada says the Ontario Ministry of Environment watches industrial plants pollute the Great Lakes, but rarely enforces pollution laws. The Great Lakes Radio Consortium’s Lester Graham has the details:

Transcript

An environmental lobby group in Canada says the Ontario Ministry of Environment watches industrial plants pollute the Great Lakes, but rarely enforces pollution laws. The Great Lakes Radio Consortium’s Lester Graham reports.


Between 1995 and 1999, polluters’ violated Ontario’s water pollution laws ten thousand times, but only eleven plants faced any penalties. Elaine McDonald is a staff scientist with the Sierra Legal Defense Fund, based in Toronto, which published a report on the findings. She says the problem started when the government cut the Ministry of Environment’s budget by about 40-percent:


“This resulted in lax enforcement in the field and– basically a policy of lax enforcement and therefore we saw this sudden increase in violations and very few charged being made.”


The Sierra Legal Defense Fund is calling on the Ontario government to crack down on Great Lakes polluters. The environmentalists say they do see signs of improvement, with more charges being filed in recent months against repeat pollution offenders. For the Great Lakes Radio Consortium, I’m Lester Graham.

Activists Sue State Epa

To get more states to comply with the federal Clean Water Act, environmental activists are taking them to court. Ohio is the latest example. The Great Lakes Radio Consortium’s Bill Cohen has more:

Transcript

To get more states complying with the federal clean water act….environmental activists are taking them to court. Ohio’s the latest example. The Great Lakes Radio Consortium’s Bill Cohen reports:


Mercury from power plants, run-off from farm fields, and poisons from manufacturers – they’re all in Ohio rivers and streams. In fact, nearly 900 are officially called “impaired.”


The state EPA has asked legislators for extra cash to prepare clean-up plans….but the money has never come through. So now, activists like Jack Shaner of the Ohio Environmental Council have filed a court suit. It demands the feds force Ohio to act.


“The Ohio EPA has told the feds it will take 25 years just to come up with the cleanup plans and that doesn’t include the cleanup itself.”


A key senator says Ohio’s made what he calls great strides. Jim Carnes cites the revival of Lake Erie. He’d like the clean-up to move faster but he notes Ohio has a budget crisis – “there’s not an unlimited supply of money.”


For the Great Lakes Radio Consortium, I’m Bill Cohen in Columbus.

Community Wins Suit Against Egg Farm

An Ohio jury has awarded neighbors of a large factory farm $19.7 million in damages. People living near Buckeye Egg Farm in central Ohio have complained for years of fly infestations and odors. The outcome is seen as a victory by those living next to large-scale farm operations throughout the region. The Great Lakes Radio Consortium’s Natalie Walston has the story:

Transcript

An Ohio jury has awarded neighbors of a large factory farm 19.7 million dollars in damages. People living near Buckeye Egg Farm in Central Ohio have complained for years of fly infestations and odors. The outcome of the lawsuit may or may not affect similar cases in other states. The Great Lakes Radio Consortium’s Natalie Walston reports.


(Natural sound of locusts, wind, dog barking in the distance)

Freda Douthitt’s house sits at the end of a gravel lane. The driveway is surrounded by trees and wild flowers. She’s always liked it here because it’s secluded … she’s a couple miles from a rural road. She likes to sit on the multi-tiered back patio that overlooks a small pond. That’s where she grades composition papers from her Freshman English class at Ohio University.

(sound of flies)


But she has also had to swat at flies for the past ten years. Douthitt collects flies in a container that is nearly the size of a gallon milk jug. She estimates this one has about 2-3 inches worth of decomposing flies and maggots collected since August 22.


“It smells out here. That’s the flytrap. That keeps some of them from getting in the house. Today there’s a few flies out here. There are days when that wall would be just polka dotted with them.


Douthitt has frozen the containers of flies and collected them over the years. She took them to court with her to prove the problems she deals with living near a factory farm.
That’s what helped her win a 1.2 million dollar share of a settlement with Buckeye Egg Farm. It’s one of the world’s largest egg-laying producers. Douthitt’s house is three-quarters of a mile from one of the company’s egg-laying plants. The flies come from the vast amounts of manure produced by millions of chickens housed at the company’s barns. The manure gets spread on farm fields that surround Douthitt’s house after harvest season in the fall. Since then … she has watched as run-off from Buckeye Egg properties killed tens-of-thousands of fish in a nearby creek. She has even seen the creek water turn purple.


She says she never expected to win in court against the company when she began the legal battle 9 years ago.


“I never thought about suing. Until one of the neighbors I’d been working hard with trying to get the EPA to do something … trying to get the county health department interested … um, we were both frustrated at that point. She called up one evening and said we’re ready to call a lawyer, are you? And I said, yeah, I’ll meet with you.
As the years went by I became pretty frustrated, and wondered what would make a difference.”


Douthitt and 20 of her neighbors won a 19.7 million dollar lawsuit against Buckeye Egg.
This win has other people in Great Lakes states hopeful they too can win in court against large factory farms.


Julie Janson of Olivia, Minnesota knows Douthitt’s story all too well. Janson has been fighting hog factory farm owner Valadco for 6 years. Her house sits sandwiched between two of the company’s hog barns. Janson and her husband filed a lawsuit this spring against the company. They are asking for close to 200-thousand dollars because Janson says her family of eight gets sick from manure odors.


Janson says she took her 11-year-old daughter to a specialist in California to prove she has brain damage from smelling hydrogen sulfide.


Decomposing manure creates hydrogen sulfide gas and ammonia that smells like rotten eggs.


“Sometimes it’s enough to gag a maggot. The stink is putrid. And, it penetrates through your house, through the windows and doors. Every little crack in your home.”


Janson says her family has spent one hundred thousand dollars to fight Valadco.
She had to close her daycare center, which she ran from her home, partly because of the stench. Her husband is supporting the family with his truck-driving job that brings in nearly 38-thousand dollars a year.


She says a win over Buckeye Egg farm in Ohio is a victory that can help her cause.


“There’s finally been some justice served. Some of these people have been fighting for over ten years. And … to me … it just says no matter how long and painful it is, you need to fight for justice because if us citizens don’t fight it’s never gonna happen.”


Both Janson and Douthitt say it’s not the money that will make them happy.
Douthitt says she will probably never see the money that she is owed.
But … she says the county judge may force the company to clean up its farms and the surrounding communities.


“How can they have that many animals and that much manure and let it just pour out and not treat it? They let it just pour out onto the land.”


Buckeye egg farm officials have said they may appeal the verdict. The company says it has already spent millions of dollars to try and clean up its facilities. Earlier this year, Buckeye Egg settled a multi-million dollar lawsuit with Ohio’s attorney general’s office. The state sued the company for dumping dead chickens in a field and polluting creeks by spilling contaminated water. The state has since filed seven sets of contempt charges against Buckeye Egg for not correcting the problems. It’s still undecided whether Buckeye Egg will file for bankruptcy following the verdict.


For the Great Lakes Radio Consortium, I’m Natalie Walston.

Long Road to River Recovery

  • Aerial view of industry along the Fox River. Photo by Great Lakes United.

One of the rivers that flows into Lake Michigan is polluted so badly that it’s being treated much like a Super Fund site…an environmental disaster. It’ll be decades before it’s cleaned up, and some environmentalists think it might never be cleaned up properly. The Great Lakes Radio Consortium’s Lester Graham reports:

Transcript

One of the rivers that flows into the Great Lakes (Lake Michigan) is
polluted so badly that it’s being treated much like a Super Fund site –an
environmental disaster. It’ll be decades before it’s cleaned up. And some
environmentalists think it might never be cleaned up properly. The Great
Lakes Radio Consortium’s Lester Graham reports:


(Sound of fish splash)


It’s late at night. The moon’s out. And the fish are flopping on the Fox
River. In downtown Green Bay, Wisconsin, Robert Hageman and a few of his
friends have been fishing. A couple of the guys are bragging about the big
fish they caught. But they’re not taking any home with them tonight.


LG: “Had any luck?” RH: “Yeah, I caught 23 fish.”
LG: “And wwhat did you do with them? RH: “Let ’em right back.” LG: “why?” RH: “Because it’s dirty. Fox River’s dirty.”
LG: “What have you heard about the Fox River?” RH: “The fish ain’t good for you. They can’t hurt you, but they ain’t good for you.
(friends in background say “PCBs, man.”) “yeah.”
LG: “What do you know about PCBs?
RH: “I don’t know nothing about it. That’s why I ain’t eatin’ them.” (all laugh)


Hageman and his friends are right when they say there are PCBs in the Fox
River. But apparently they haven’t heard that eating fish from the river
probably can hurt you in the long run. There are 60-thousand pounds of
PCBs, or poly chlorinated byphenyls, in the 39 mile run of the Fox
River. Of that, 50-thousand pounds – that’s 25 tons – is in the sediment of
the last seven mile stretch just before the river flows into Green Bay and
on into the rest of Lake Michigan. It’s that final stretch where Hageman
and his friends have been fishing.


The Environmental Protection Agency says seven paper mills along the Fox
River are the likely polluters. The EPA says PCBs were produced as a
by-product of the paper manufacturing process, and from the 1950s to the 1970s
they were dumped into the river. Now, the agency intends to make those
mills pay for cleaning up the contaminants.


Dennis Hultgren works for Appleton Papers, and is a spokesperson for a group
that represents the seven companies. Hultgren says the paper mills want to
clean up the pollution. But they don’t want to pay more than they have to.


“What we want to do is make sure that the money that we do spend
is spent wisely and it does the most environmental good for the region. And
so, we have one chance to do it right and we want to do it right the first
time.”


The paper mills have been working closely with government agencies to try to
determine where the PCBs are concentrated and how best to clean up the
pollution. Some of the companies have spent millions of dollars on tests in
the river. Just recently, Hultgren’s firm offered 40-million dollars… ten-million dollars a year for four years… for data collection and preliminary clean-up tests. The government agencies praised the decision and some environmental groups voiced their approval. But a local grassroots group, the Clean Water Action Council of Northeast Wisconsin, does not approve. Rebecca Katers is with the council and says it’s a delay tactic by the paper mill companies.


“It makes the company look generous. But, in fact, they should be doing this anyway. They should have done this ten years ago.”


Giving the money now, Katers says, only manages to delay legal action
against the company for four more years. Besides, she says, while
40-million dollars might seem like a lot of money, the estimated clean-up
could cost as much as 30 times that amount.


The Clean Water Action Council says this money and the government’s
willingness to accept it are representative of the cozy relationship the
companies seem to have with regulators. But Katers says the state and
federal agencies are forgetting about the people who live here. She
bristles when she hears the government agencies talk about how close they
are to the paper mills.


“They talked at the announcement about ongoing discussions they
have on a daily basis with the paper industries on this issue. But, they
haven’t met once face-to-face with the public. They haven’t held a public
discussion or debate on this issue.”


And it appears there won’t be many opportunities in the future. Although
the Fox River is not a Superfund site, the EPA is generally following the
process used for Superfund sites. The EPA says that means the public can
submit comments in writing. But there won’t be a lot of public discussion
until the EPA actually has a proposed plan. Katers thinks the people
should have a voice a lot earlier in the process.


But, the paper mills’ representative, Dennis Hultgren says it’s better to
let the experts work first.


“It’s complicated. For the normal citizen, it’s going to be very difficult to comment on it because they’re going to be looking at the technical merits
of their comments. And a general citizen, not having been involved, it’s going to be very difficult to have germane comments.”


The companies say they’ve been studying and testing and they’ve found
disturbing the sediment by trying to remove it proves that the PCBs should
be left in the sediment, allowed to slowly break down… a process called
natural recovery. And where there’s risk that sediment laden PCBs might
be disturbed by the river’s currents, engineered caps could be put in place.


The Clean Water Action Council says the paper mills tests were designed to
end up with that conclusion because that would be the cheaper way to deal
with the PCBs. The council wants the PCBs removed from the river and
disposed of safely… a much more expensive job.


The acting regional administrator for the USEPA, David Ullrich, says
there’ll likely be some combination of natural recovery, capping, and
removal. But, Ullrich says none of that will happen anytime soon. It’s a
big job, and it looks as though it will take up to ten years to deal with
the PCBs. And Ullrich says that’s just the beginning.


“The actual recovery of the resource, getting fish contaminant
levels down to acceptable levels and getting the PCB loadings to Green Bay
and out to Lake Michigan down, could take a longer period of time than that,
perhaps up to twenty years.”


And over that 20 year period, experts say that contamination will
naturally spread farther and farther into Green Bay and Lake Michigan.


For the Great Lakes Radio Consortium, this is Lester Graham.

LONG ROAD TO RIVER RECOVERY (Short Version)

The Environmental Protection Agency says it could be a decade before a river that feeds Green Bay and Lake Michigan will have tons of PCBs cleaned up. And a lot longer before the river recovers from the effects of the pollution. The Great Lakes Radio Consortium’s Lester Graham reports:

Acid Rain Problem Continues

Emissions from power plants in the Midwest are still causing acid
rain in the eastern United States. The Great Lakes Radio Consortium’s
Lester Graham reports:

The Latest on Frog Deformities

An X-ray study of deformed frogs lends new support to the idea
that there are many different causes for the frog deformities found in
the
Great Lakes region and across the nation. The Great Lakes Radio
Consortium’s Mary Losure reports:

COMPANY DROPS ‘SLAP-SUIT’ AGAINST ENVIROS

In recent years, environmentalists and consumer advocates have
been the target of what they’ve termed "slap suits." When the
activists
have blasted companies for alleged pollution or consumer rip-offs, the
companies have returned fire, by filing counter suits. In Ohio,
there’s
a
new development in one of the nation’s longest running environmental
battles — the owner of a hazardous waste incinerator has just
suspended a
so-called slap suit. The Great Lakes Radio Consortium’s Bill Cohen has
more:

City Bans Mercury Thermometers

Duluth, Minnesota recently banned the sale of mercury
thermometers. It’s the latest in a series of grassroots efforts to get
mercury out of the environment. The Great Lakes Radio Consortium’s
Stephanie Hemphill reports:

Controversy Over Clean-Up Funds

The most toxic hot spots around the Great Lakes would receive an extrafifty million dollars in clean-up funds, if a Clinton administrationbudget proposal goes through. But some environmental groups don’t wantthe money dribbled out in small doses. They argue the best thing to dowould be to spend all the cash on comprehensive clean-up projects atjust a few sites. The idea is controversial, as the Great Lakes RadioConsortium’s Chuck Quirmbach reports:

Transcript

The most toxic hot spots around the Great Lakes would receive an extra fifty million dollars in

clean-up funds, if a Clinton Administration budget proposal goes through. But some environmental

groups don’t want the money dribbled out in small doses. They argue the best thing to do would be

to spend all the cash on comprehensive clean-up projects at just a few sites. The idea is

controversial, as the Great Lakes Radio Consortium’ s Chuck Quirmbach reports:


The most polluted parts of the Great Lakes are known as Areas
of Concern. There are over 40 of these hot spots in harbors and
bays, or in rivers that dump into the lakes. At many sites, the
pollution has led health agencies to tell people to be careful
about eating certain types of fish.
But that hasn’t stopped some anglers from doing their thing.


“That was the best cast I’ve
seen today.”


Marl and his buddy Paul are standing underneath an elevated
freeway in Milwaukee. They’re casting their fishing lines into
Lake Michigan for brown trout, perch or whatever wants to bite.


Through Milwaukee’s estuary, that’s the harbor and nearby rivers, is a toxic hot spot, Marl says he

pays little attention to fish consumption warnings.


“Whatever I catch I eat, I eat it on whatever basis I feel like eating it. If I want to eat fish

every night for a week, I eat it… doesn’t seem to affect me in any way.”


But nearby in the Milwaukee harbor, researchers point to pollution that seems to make the casual

approach to fish consumption here quite risky.


(sound of horn)


This tugboat is pushing a barge that’s about to take a load of coal from a huge coal pile at the

water’s edge. The pile is uncovered and during heavy rains or snowmelt, there’s runoff from the

coal into the harbor. Great Lakes researcher Jeffrey Foran says that’s hardly the only pollutant in

the area.


“It’s a virtual alphabet soup of pollution and we can name a few. PCBs, PAHs, contaminants from

sewage runoff historically, metals, cadmium chromium.”


Foran heads the Great Lakes Water Institute at the University of Wisconsin – Milwaukee. He says

there’s actually been some improvement in the surface water quality over the last couple decades.

But Foran warns the sediment in the Milwaukee harbor by and large remains toxic muck, and those

toxins make their way into the food chain. Foran says Milwaukee’s problems aren’t unique.


“If you took the problems and simply dropped the name Milwaukee harbor, you could insert those

problems into probably the majority of areas of concern throughout the Great Lakes basin.”


Hundreds of millions of dollars have been spent on cleanup work at the various sites, but only one

project – at Waukegan, Illinois – is largely done. So environmental groups hope Congress during its

EPA budget deliberations this spring will approve the extra 50 million dollars in cleanup funds

President Clinton proposed. But Great Lakes United executive director Margaret Wooster says the

money should be targeted to just a few hot spots.


“And do the complete cleanup right. From soup to nuts kind of thing. That is the initial making

sure if there’s a polluter, polluter pays their fair share as has happened in many cases, to good

dredging techniques.”


Wooster also says there needs to be good places to dump the dredged material. Then should come

monitoring to make sure the water body doesn’t become fouled again, if there are more
success stories around the Great Lakes, environmentalists believe
lawmakers will then allocate additional money to finish work on
the other sites. But the Great Lakes community isn’t completely
sold on the targeting of funds. William Smith is a citizen
advisor to the Clinton river area of concern north of Detroit.
He wonders how fast news of complete clean-ups would spread.


“And when these one demonstration projects are done,
they’re distant. You hear about them the transfer of information
is long is coming. And sure it’s nice for some harbor to go after
this. But if you’re looking across the board on the Great Lakes
it would be much better used to go after problems in individual
Areas of Concern instead of 2 to 3 separate sites.”


Smith says
funneling just a million or two dollars to some of Michigan’s
smaller hot spots would move clean-up of those sites forward in a
big way. That’s because state officials would probably match the
federal funds. But whether the federal money is targeted to a
couple sites or divided evenly in all the areas, Smith does agree
with the large environmental groups on one thing. He says the
recreation and drinking water needs of Great Lakes citizens
should prompt Congress to approve the president’s plan.


For the Great Lakes Radio Consortium, this is Chuck Quirmbach in Milwaukee.