BWRK Press Release "Alabama Coal Ash Ponds Receive Most Toxic Metals in the Nation in 2010"

For Immediate Release: January 6, 2012
Contact: Nelson Brooke, Black Warrior Riverkeeper: 205-458-0095


New Report: Alabama Coal Ash Ponds Receive Most Toxic Metals in the Nation in 2010

According to the Environmental Integrity Project (EIP), Alabama power plants lead the way in disposal of wastes containing toxic metals into coal ash ponds.

Ten states accounted for three quarters of total pond disposal in 2010, including (in rank order): Alabama, Georgia, Illinois, Kentucky, Missouri, Ohio, Indiana, North Dakota, Minnesota, and Michigan. Just 20 facilities account for more than half of the toxic metals (57 million pounds) contained in power plant waste and disposed of in surface impoundments in 2010. Four of these are in Alabama, with Alabama Power’s Miller Steam Plant (Jefferson County) ranked first in the nation in this category. Alabama Power’s Gaston, Gorgas and Barry Steam Plants round out the top twenty.

These figures are based upon information compiled in a national database called the Toxics Release Inventory. Power companies are required to report by volume the toxic chemicals that are contained in coal ash and other coal combustion wastes dumped into surface impoundments, or ponds, every year. 

In 2010, power plants reported disposal of wastes containing 112.8 million pounds of toxic metals or metal compounds, a category that includes arsenic, chromium, lead, and other pollutants that are hazardous in small concentrations and difficult to remove from the environment once released. According to EIP, that reflects a nine percent increase in toxics disposals since 2009, and is higher than the total reported in 2008.

Most of these surface impoundments are unlined, which means the toxins in the ash are likely to seep into groundwater or nearby creeks and rivers. Monitoring data developed in other areas of the country shows this is happening at many coal ash surface impoundments.

Alabama Power’s Miller Steam Plant (Jefferson County) and Gorgas Steam Plant (Walker County) are both in the Black Warrior River watershed, just northwest of Birmingham. Miller ranked first in the nation for disposing toxic metal wastes into coal ash ponds and Gorgas ranked fifteenth. 

Riverkeeper Nelson Brooke has concerns: “These coal ash ponds discharge wastewater directly to surface waters in large volumes on a daily basis. Miller discharges to the Locust Fork and Gorgas discharges to the Mulberry Fork, two tributaries of the Black Warrior that are heavily used for recreation and fishing. A major concern moving forward is the increase in the amount of toxics being discharged by the coal-fired power plants to these coal ash ponds and ultimately to surface waters due to the addition of scrubbers, which pull some pollutants out of their air emissions and transfer them to our water resources instead.”

Wastewater permits for these plants are up for review every five years, and the next cycle of re-permitting begins soon. Black Warrior Riverkeeper is encouraging residents in the greater Birmingham region and throughout Alabama to insist that ADEM to make Alabama Power's permits more protective of our rivers, lakes, and public health.

Environmental Integrity Project’s coal ash waste disposal analysis can be seen by clicking here.

For pictures of Miller Steam Plant and Gorgas Steam Plant and their ash ponds, click here.

To learn how you can insist that ADEM make Alabama Power's permits more protective of water and public health, contact info@blackwarriorriver.org for more information.

###

Black Warrior Riverkeeper (blackwarriorriver.org) is a citizen-based nonprofit environmental advocacy organization whose mission is to protect and restore the Black Warrior River and its tributaries. A member of Waterkeeper Alliance, Black Warrior Riverkeeper was the Alabama Environmental Council’s 2007 Conservation Organization of the Year and the American Canoe Association’s 2008 Green Paddle Award winner. Nelson Brooke, Riverkeeper, won the Alabama Rivers Alliance’s 2010 River Hero Award. In 2011 the Black Warrior became one of America's Most Endangered Rivers.

Additional reading & resources added by VAC:
2009 -  Dam Safety Inspection Report submitted to EPA RE: Gorgas Plant *(note heavy redaction of information)
2011 - Earthjustice report "State of Failure"
2011 - OIG Evaluation Report "EPA Promoted the Improper Use of Coal Ash Products With Incomplete Risk Evaluation"
2011 SEC documents on SOCO proxy filing submission & proper coal ash disposal
2011 Article: "There's Something About Vernon (and ADEM)" How APCO/SOCO lobbyists & state agency insiders convinced the Alabama Legislature to adopt dangerous coal ash legislation, and the epic problems with ADEM.
EPA Coal Combustion & Impoundment Reports (scroll down to Alabama for docs, all states listed)

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Environmental and Human Rights Organizations In Alabama Form an Alliance On Pollution Issues

For Immediate Release  

October 3, 2011

Birmingham-Metro Chapter NAACP Presents Grand Town Hall Meeting on the Environment

Panelists Will Focus on Local Pollution Threats: Shepherd Bend Mine and “DeadlyDeception”

Birmingham – The Birmingham-Metro Chapter of the NAACP will present a Grand Town Hall Meeting and Public Forum about the Environment on Friday, October 14th from 7:00 to 8:15 PM.   

Panelists will focus on two local pollution threats: the Shepherd Bend Mine proposal across the river from Birmingham’s drinking water intake facility and the recent “Deadly Deception” controversy in the Collegeville area.  The free public event will take place at Glen Iris Elementary School 1115 11th Street South Birmingham, AL 35205. 

Panelists will include representatives from the Alabama Rivers Alliance, Birmingham Faith in Action, Black Warrior Riverkeeper, Cahaba Riverkeeper, Citizens Opposed to Strip Mining on the Black Warrior River, Coalition of Alabama Students for the Environment, Collegeville area residents, GASP, Green Initiative at UAB, University of Alabama Environmental Council, and University of Montevallo Environmental Club.

“We are honored that the Birmingham-Metro Chapter NAACP invited us to join these esteemed panelists,” said Charles Scribner, Executive Director of Black Warrior Riverkeeper.  “The Shepherd Bend Mine poses a unique threat to Birmingham’s drinking water.  This forum presents an exciting opportunity to increase public awareness about the proposed coal mine and the University of Alabama’s potential role in stopping it.”

Click here to view event flyer:

www.blackwarriorriver.org/pdf/EnvironmentTownHall10.14.11.pdf

Click here for more information about the Shepherd Bend Mine proposal:

www.blackwarriorriver.org/news/help-protect-birmingham-s-drinking-water.html

 

Black Warrior Riverkeeper (www.blackwarriorriver.org) is a citizen-based nonprofit organization whose mission is to protect and restore the Black Warrior River and its tributaries. A member of Waterkeeper Alliance, Black Warrior Riverkeeper won Alabama Environmental Council’s 2007 Conservation Organization of the Year and American Canoe Association’s 2008 Green Paddle Award. Nelson Brooke, Riverkeeper, won Alabama Rivers Alliance’s 2010 River Hero Award.  In 2011 the Black Warrior became one of America's Most Endangered Rivers. For more information, contact:  Charles Scribner, Executive Director, Black Warrior Riverkeeper: (205) 458-0095 or Rev. Anthony Johnson, Community Relations Director: Birmingham-Metro Chapter NAACP: (205) 541-9719

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Birmingham NAACP Chapter Enters Shepherd's Bend Coal Mine Controversy

NAACPShepherdBendMineLettertoUA

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EMC Hearing Officer's Report on Sheperd's Bend Coal Mine Allowing NPDES Permit Despite Legal Challenge From BWRK and Others

The following document is the record from the hearing on July 20, 2011 regarding the Shepherd's Bend Mine Permit. Black Warrior Riverkeeper issued a subsequent press release in response to the decision on July 22, 2011.

There is a lot to be troubled about concerning the decision of the EMC Hearing Officer, James F. Hampton, who's been a judge, a Special Assistant Attorney General for the State of Alabama and a hearing officer in the BARD Motion to Intervene regarding SWMA. Mr. Hampton has quite a long pedigree as a state inclined legal eagle and his conclusion about this controversial mine permit is not unexpected, but it is disappointing.

Page 7 Item 10 is also disappointing and allows a lot of wiggle room for what ADEM may or may not do if issuing this permit becomes problematic. The chances are high, if the history of mine discharge in Alabama is any indicator, that there will be problems and plenty of them:

"Permit does not contain limitations on chlorides, sulfide, total dissolved solids or aluminum, which are commonly associated with acid mine drainage. Under this permit, ADEM may modify the terms of the permit, if, in the future, it is shown to ADEM's satisfaction that the permit is not protective of water quality."

EMC Docket No 09-04-2011 07 20 Report of Hearing Officer

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CBS 42 Reports on the Jim Walter North River Mine Coal Slurry Spill and the First Round of Water Quality Tests

*Updated pictures of spill entering Lake Tuscaloosa BWRK July 28, 2011

CBS 42 continues their out-in-front of the pack environmental coverage of Walter Energy (WE) this time it's Fayette County and not north Birmingham.

The initial water testing results of the North River following WE's Jim Walter North River Steam Mine coal slurry spill are in, and as predicted, they aren't good.

The effects of the slurry spill don't resemble a benign event like the one described by Jim Walter spokesman Dennis Hall as nothing more serious than "mud and rocks after a heavy rain." Something much more ominous is revealed through this testing and raising suspicions of deliberate attempts to downplay the event.

Test results show:

---Levels of increased arsenic are being detected anywhere from a minimum of 3X to as high as 34X the limit of EPA levels

---Lead levels are coming at 3X EPA limits 

---Suspension of solids are registering at 4-5X EPA limits

---Turbidity is running at 8-12X higher than the water quality range limit 

Black Warrior Riverkeeper is conducting additional testing and will release their results soon. ASMC's Randall Johnson seems to be laying the groundwork for other direction finger-pointing by claiming that the elevated levels of toxins and pollutants are above and below the area of the spill. Maybe someone should remind him of the drifting nature of water columns.

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Black Warrior Riverkeeper "Remains Hopeful" Despite Hearing Officer's Decision on Sheperd's Bend Mine NPDES Permit

      PRESS RELEASE JULY 22, 2011

Contact:

Nelson Brooke, Riverkeeper, Black Warrior Riverkeeper: (205) 458-0095
Gil Rogers, Senior Attorney, Southern Environmental Law Center: (678) 891-0410

Shepherd Bend Mine Receives Favorable Recommendation

Birmingham – Yesterday, an administrative Hearing Officer recommended that the state Environmental Management Commission (“EMC”) uphold a National Pollutant Discharge Elimination System (“NPDES”) wastewater discharge permit previously issued to Shepherd Bend Mine by the Alabama Department of Environmental Management (“ADEM”).  Black Warrior Riverkeeper is disappointed by the Hearing Officer’s report, which we believe is not in the public interest.

Now, the Hearing Officer’s report must go before the EMC on August 19, 2011, and the EMC must decide whether to adopt the Hearing Officer’s recommendations.  The EMC can make an independent determination about the adequacy of the Hearing Officer’s findings.  Southern Environmental Law Center’s (SELC) Managing Attorney in Alabama, Keith Johnston, states “I hope the EMC thoroughly considers the ramifications of issuing this permit.  It affects not only the Mulberry Fork, but 200,000 people who rely on the Mulberry Fork for a drinking water supply.”  

If the EMC chooses to adopt the Hearing Officer’s recommendations, Black Warrior Riverkeeper, together with the SELC, will appeal that decision.  Black Warrior Riverkeeper Nelson Brooke adds, “It is a shame that the Hearing Officer failed to understand that this coal mine permit is weak and will allow unacceptable levels of pollution to harm the river and drinking water for people in the greater Birmingham area.  We will continue to fight this permit until justice is served.” 

Black Warrior Riverkeeper and SELC first challenged ADEM’s  issuance of permit because, even if Shepherd Bend Mine strictly adheres to the terms of its NPDES permit, the permit will allow the mine to discharge a variety of pollutants—iron, manganese, total suspended solids, total dissolved solids, sulfates and chlorides—into Birmingham-area drinking water.

Black Warrior Riverkeeper supplied expert testimony in the permit challenge about how the discharge of these pollutants would harm drinking water. Moreover, the Birmingham Water Works Board (“BWWB”) has offered detailed information as to how the allowed discharge from the mine will introduce pollutants and sediment into the source water, leading to increased treatment costs (typically passed on to customers) and possible health risks.  The mine site is located on a bend of the Mulberry Fork approximately 800 feet across the river and upstream of a BWWB drinking water intake on the Mulberry Fork of the Black Warrior River which serves 200,000 area citizens.   

Despite these compelling facts, the Hearing Officer, while expressing reservations, found that “there is not a preponderance of evidence that the permit in question authorizes discharges of pollutants which, upon discharge, will cause or contribute to a detectable contravention of state water quality standards.”  According to the Director of SELC’s Georgia and Alabama offices, David Pope, “this decision is completely detached from the evidence presented, none of which the Hearing Officer’s report references.” 

Black Warrior Riverkeeper’s Executive Director, Charles Scribner states “No matter what, we remain hopeful that the UA System, a majority land owner at Shepherd Bend, will not lease their land for mining so close to a major Birmingham drinking water intake.”

# # #

Black Warrior Riverkeeper encourages citizens to continue sharing their views about the Shepherd Bend Mine proposal with Dr. Robert E. Witt, President, University of Alabama, (205) 348-5100

Black Warrior Riverkeeper (www.blackwarriorriver.org) is a citizen-based nonprofit environmental advocacy organization whose mission is to protect and restore the Black Warrior River and its tributaries.  The Southern Environmental Law Center (www.SouthernEnvironment.org) is a regional conservation organization using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama).  For more information contact Black Warrior Riverkeeper Nelson Brooke at 205-458-0095 or Gil Rogers, Senior Attorney, Southern Environmental Law Center, 678-891-0410.     

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Second Permit Filed for Coal Mine Near Mulberry Fork--Cordova, Alabama

The Mayor who feels no shame in the wreckage of the 'church of secrets'

Reed Minerals, Inc. has filed a permit with the Alabama Surface Mining Commission dated July 5, 2011 for a second mine to be located near the contested Sheperd's Bend Mine along the eighth most threatened river in the US, the Black Warrior River. The land for the Reed Mine belongs to the Cordova Industrial Board and Reed claims it will "bring twenty jobs and have a payroll of $1.5 million."

Read more here

In an article we wrote on June 1, 2011 entitled "World Class Jack" a reference to Cordova Mayor Jack Scott, we surmised that his refusal to allow FEMA trailers for victims of the April 27th tornado devastation had everything to do with coal. Mayor Scott had to have another reason for his stubbornness that garnered world wide attention and heaped huge embarrassment on him and the city leaders of Cordova.

Scott has heard all the complaints, and he isn't apologizing. He said he doesn't want run-down mobile homes parked all over town years from now.

"I don't feel guilty," he said. "I can look anyone in the eye."

And whatever that reason was it had to be a good one, in his mind at least, but he did very little eye to eye looking at anyone and refused repeated requests for interviews by national media outlets. 

We are not pleased to report we were correct in our suspicions of why Jack Scott was acting like a typical 'Big Mule' about the whole thing--payday was coming for him.

The Cordova Industrial Board (CIB) owns the land the Reed mine will be sited on and they'll make a bundle off the mineral rights. Earlier this year, the CIB acquired a 47 acre tract of land that will allow the transport of materials by river and rail, a site well-suited for coal transport and it's no surprise coal connoisseur Alabama Power approves:

The property is valued at $350,000. It was obtained at no cost by the Cordova Water and Gas Board through negotiations in exchange for services rendered in the past to Warrior River Steel, the land’s previous owner.
The Cordova Industrial Development Board will be responsible for marketing it.
Jack Drummond, chairman of both the Water and Gas Board and CIDB, said city officials have been trying to obtain the site for approximately two years.
Drummond said the area was called prime property during a meeting with Alabama Power representatives last year. Mayor Jack Scott added that the city has the option of buying some adjoining acres, which would bring the site’s total to 150.“It gives us the potential to bring jobs into the city. We need jobs in Walker County and Alabama,” he said. 

Walker County owes its soul to coal and to the Drummond family. In a 2009 Walker County Annual Report, it's clear who wants a piece of Walker County's 'black gold' from the generous contributions rolling into the county coffers. 

Mayor Scott isn't going to be left in the coal dust he had to endure when he worked the mines, he's moving up and on his way to easy money street with the Reed Minerals deal.

Scott claimed that jobs and having young people move into the area were part of his reasoning for disallowing Cordovians access to FEMA trailers within the city limits. He called FEMA trailers an "eyesore" and an impediment to a "young, professional class" of potential residents wanting to move Cordova and "put down roots" translating to new folks will mean jobs coming closely behind.

The mine will bring twenty jobs. Hardly an employment boom by any logical measure.

Mines aren't normally a draw for "young professionals" to pour into an area. Who wants to raise a family in an area with a loud, filthy and destructive coal mine as their next door neighbor? Not many we can think of would see that as idyllic portrait of family living.

But in the world of Jack Scott, a former coal miner himself, it's a winner. 

All the way to the bank.
*photocredit: Gawker.com 
Facebook page--"Cordova-The Truth"
*Update--Public Meeting Notice 7/12/2011 on Reed Mine posted on Cordova-TheTruth 

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American Rivers Most Endangered Rivers 2011--Black Warrior River #8

Photo credit: Brian T. Murphy

American Rivers annual list of America's most endangered rivers places another Alabama river on the endangered list. Last year, it was the Coosa River at number #10. Both rivers are under threat from the utility giant Southern Company and its subsidiary, Alabama Power, and their insatiable appetite for coal.

More to be proud of from Alabama's self-professed number one "environmentally conscious" big industry.

Strip Mining for Coal Putting Public Health in Danger

Location: Alabama

Flowing for roughly 300 miles, Alabama’s Black Warrior River is a major drinking water source supporting over one million people. Two of Alabama’s largest cities, Birmingham and Tuscaloosa, obtain drinking water from the Black Warrior and its tributaries.

The river is also home to many fish, mussel, turtle, crayfish, amphibian, and snail species, including nine threatened or endangered species. The headwaters of the Black Warrior River include the Wild and Scenic Sipsey Fork, which, along with the Mulberry and Locust Forks, is rated among the top 2 percent of United States streams by the National Park Service for its outstanding recreational values.

And all of this is at risk from poor management of surface coal mining.

The Threat

 

The Black Warrior River overlaps with the Warrior Coal Field, which is home to approximately 95 active coal mines – the majority of Alabama’s mines.

Every year, the US Army Corps of Engineers issues special permits that allow numerous mines in Alabama to operate in the same watershed with no consideration of how they impact water quality, public health, and the environment. This type of permit for coal mining is a legal loophole, allowing mines to destroy entire stretches of streams and untold acres of wetlands in the Black Warrior watershed each year.

The US Army Corps of Engineers wisely suspended the use of these permits across most of the Appalachian mining region but continues to allow them in Alabama. And now these permits have become a rubber stamp for nearly all coal mines in the region.

Despite a legal duty to protect Alabama’s waters from the impacts of coal mining, the Alabama Department of Environmental Management and Alabama Surface Mining Commission have routinely failed to control pollution. These agencies often issue permits with very weak standards, allowing companies to pollute without any accountability. 

What Must Be Done

Coal mining in the region is polluting the river, destroying wetlands and tributary streams, and threatening public health by polluting the clean water with heavy metals.

 Stronger protections from the impacts of surface coal mining are needed to hold polluters accountable and enforce the law. If the US Army Corps of Engineers, the Alabama Department of Environmental Management, and the Alabama Surface Mining Commission do not close this dangerous mining loophole and tighten clean water protections, coal mining will continue to damage the Black Warrior and its communities.

 Take action to help protect the Black Warrior River 

Black Warrior RiverKeeper action item against Sheperd's Bend Mine

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SELC Files Lawsuit on Behalf of Black Warrior Riverkeeper Against Northern Beltline

Groups Sue ALDOT for Flawed Environmental Study on Northern Beltline

Press Release April 11, 2011

Gil Rogers, Senior Attorney, 404-521-9900
Cat McCue, Senior Communications Manager, 434-977-4090
Representing: Black Warrior Riverkeeper - Nelson Brooke, 205-458-0095

Montgomery, AL--In violation of federal law, the state Department of Transportation failed to fully account for the environmental impacts of the massive, high-priced Northern Beltline, conservation groups said in a lawsuit filed today in federal district court in Montgomery.

Click here to read the complaint (pdf)
Click here to read SELC's factsheet on the Northern Beltline (pdf)

The 52-mile beltline was recently pegged at $4.7 billion, a 38% increase from just a few months ago.  Much of that would come from federal coffers, but state taxpayers would be responsible for nearly $1 billion in matching funds. At about $90 million per mile, the beltline would be one of the most expensive interstate beltways in U.S. history.

Black Warrior Riverkeeper is suing the agency for violating the National Environmental Policy Act, which requires a thorough evaluation of environmental impacts and alternatives in order to identify the most cost-effective and least damaging alternatives for projects funded with federal money.

"We have been waiting for years for ALDOT to do its homework before proceeding as required by federal law.  Unfortunately, this expensive and outdated highway project continues to move forward without a study of the most cost-effective way to bring economic growth to this part of the state," said Gil Rogers, senior attorney with the Southern Environmental Law Center, which represents the river group in the lawsuit.

The state's $1 billion share of the beltline exceeds ALDOT's annual construction budget for the entire state, and would be almost five times as much as ALDOT's annual budget for road and bridge maintenance statewide.  The high price of the state's match means that many other necessary projects-such as safety improvements, bridge repair and road maintenance in Montgomery, Mobile, Huntsville, and elsewhere, including Birmingham-would go unfunded to accommodate the beltline.

ALDOT has failed to undertake any comparison of the true economic development impacts of this project with other transportation improvement alternatives, nor does the $4.7 billion price tag take into account the additional cost to local governments of providing services like secondary roads and utilities to accommodate new growth in the region.   Further, the beltline would likely trigger a shift of economic activity away from existing Birmingham neighborhoods.

"ALDOT's inadequate study of this roadway's cumulative economic and environmental impacts led to decisions being made in a vacuum without proper planning or public input," said Nelson Brooke, spokesman for Black Warrior Riverkeeper. "Sprawling development along this highway will lead to increased pollution in local streams and rivers to the detriment of all who live downstream."

The Northern Beltline was first proposed a half century ago, when engineers routinely designed bypasses around metro areas to relieve traffic. Today's transportation experts increasingly recognize the built-in liabilities of bypasses-declining downtowns, sprawl, loss of open space, impaired water quality, and increased traffic and smog.

ALDOT completed an environmental study on the project in 1997 and chose the route for the Northern Beltline that the U.S. Environmental Protection Agency cited as the most environmentally destructive. Because no work on the project occurred over the next three years, the analysis expired. ALDOT was legally required to re-evaluate its study and factor in changed conditions and correct deficiencies.

Instead, in 2006, ALDOT released an extremely limited study covering only 3.4 miles, which according to the lawsuit amounts to an illegal segmentation of the project under the National Environmental Policy Act.  Moreover, ALDOT has continued to ignore the environmental impacts of development spurred by the 3.4-mile segment and the beltline as a whole.

The Southern Environmental Law Center is a regional conservation organization using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC's team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.

Black Warrior Riverkeeper is a citizen-based nonprofit environmental advocacy organization whose mission is to protect and restore the Black Warrior River and its tributaries. A member of Waterkeeper Alliance, Black Warrior Riverkeeper was the Alabama Environmental Council's 2007 Conservation Organization of the Year and the American Canoe Association's 2008 Green Paddle Award winner. Nelson Brooke, Riverkeeper, won the Alabama Rivers Alliance's 2010 River Hero Award.
Click here for more information about the Northern Beltline.

WGBH's Rick Karr interviews Phillip Weidmeyer on the Northern Beltline
PBS article on Phillip Weidmeyer and BARD's influence on the Northern Beltline
PBS interview Nelson Brooke

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Southern Environmental Law Center Pushes Back Against BARD on SWMP

Clean Water Groups Defend State Effort to Reduce Polluted Runoff

Press Release
March 24, 2011


Gil Rogers, Senior Attorney, 404-521-9900 (email)
Cat McCue, Senior Communications Manager, 434-977-4090 (email)
Representing:
Cahaba River Society - Beth Stewart, 205-322-5326 x411 (email)

Montgomery, AL –The Alabama Rivers Alliance, Black Warrior Riverkeeper and the Cahaba River Society have filed a motion to intervene in a permit appeal by a business organization filed against the Alabama Department of Environmental Management to help defend the agency's stormwater program for small cities.

Represented by the Southern Environmental Law Center, the groups say the lawsuit by the Business Alliance for Responsible Development (BARD) is a delaying tactic aimed at keeping local and state stormwater controls weak and ineffective.  Without adequate programs to control polluted runoff from development and urban uses, downstream communities and businesses will continue to shoulder the high costs to clean drinking water and repair flood damages.

"Rivers, streams, coastal waters and lakes are critical to Alabamians for drinking water, recreation, wildlife and the economy.  Polluted runoff is harming those uses.  Every delay in halting polluted runoff means more degradation of our water and higher long-term clean-up costs for the public," said Gil Rogers, head of the Clean Water Program for the Southern Environmental Law Center, which filed the motion earlier this week in with the Alabama Environmental Management Commission. (Click here for a PDF of the motion to intervene.)

Under the federal Clean Water Act, ADEM is required to set up a permitting program for small cities to control their polluted stormwater runoff. In August 2010, the Environmental Protection Agency rejected ADEM's first version because it did not meet basic requirements of the law.  It was the first time the EPA had ever taken such a step with any state. ADEM subsequently made some modest improvements and issued a final permit on February 1.

Stormwater runoff is widely acknowledged as one of the most serious causes of water pollution in Alabama.

 "Many responsible developers in Alabama are already achieving the standards called for in ADEM's permit. Better stormwater practices that safeguard drinking water and help prevent flooding are proven to save money and make money for developers and communities," said Beth Stewart, Executive Director of the Cahaba River Society. "In these tough economic times, green projects with lower stormwater costs give developers and communities a competitive advantage, but lax stormwater controls undercut innovative developers and transfer costs to local governments and downstream neighbors."  

BARD's challenge of ADEM's stormwater permit represents one more salvo in its continued resistance to improving development practices that protect water quality.  For years, BARD has incited local governments to fight against standards that better manage development.  

BARD's misguided advice that local governments are doing too much to stop stormwater pollution has already made some cities and counties vulnerable to EPA audits and enforcement oversight. In 2009 and 2010 the EPA found that the stormwater programs of cities and counties in the Birmingham-Hoover metro area were not meeting basic requirements of the Clean Water Act.

"Traditionally, our organization has been on the opposite side of ADEM, as we consistently challenge them to do a better job of protecting Alabama's waters," said Eva Dillard, Staff Attorney for Black Warrior Riverkeeper. "We're taking ADEM's side in this appeal because we don't want to see the permit weakened even further, which is BARD's main objective."  

"Enforceable permits are absolutely essential to stopping the devastating impacts of uncontrolled stormwater across Alabama," said Mitch Reid, Program Director of the Alabama Rivers Alliance. "Protecting our rivers is a shared responsibility of government at every level and this permit provides a level playing field so that no community is disadvantaged for doing the right thing for our environment."

The proposed permit will govern the local stormwater programs of about 60 smaller cities and counties for the next five to seven years.  Just as important, ADEM has indicated that this permit will be the basis for other stormwater permits that will be written for larger cities and counties, as well as for the Alabama Department of Transportation.

The Southern Environmental Law Center uses the power of the law to protect the environment of the Southeast.  The Alabama Rivers Alliance is devoted to healthy rivers, healthy people, and a healthy system of government for the state of Alabama. Black Warrior Riverkeeper protects and restores the Black Warrior River and its tributaries.  The Cahaba River Society's mission is to restore and protect the Cahaba River watershed and its rich diversity of life.

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"Before the Mountain Was Moved"

In 1969, after serving 46 years as a coal miner, Elias Bailey stood in the state Capitol in Charleston, West Virginia, to testify before a hearing on the ravages of strip-mining. Stricken by black lung disease, Bailey declared: “I’m just a broke down miner now,” whose tiny cattle farm and streams had been destroyed by strippers. 

The documentary follows Elias from his mountain home, to the town general store where he has an encounter with an obstinate coal boss, and onto the local community center for a gathering of mountain voices against mining. Then Elias and three others embark on an interesting car trip to Charleston, WV. that gives us a glimpse into the joining of two races for one cause.

All four end at the nation's capital worrying about testifying before the senate. Who will listen to poor folks they wonder. Their testimony is riveting and raw--the little people with the powerful voices make their stand for their mountains.

Bailey's story is still being written long after he met his maker.

Forty-two years later and the same fight is still going on-- many mountains have been blown up since Elias spoke out. 

No one listened. 

They're still not listening.

And more will follow thanks to Big Coal and the politicians they bankroll.

Fast forward forty years later--"On Coal River"

Educate yourself: Alabama coal mining Sourcewatch.org
                          Black Warrior Riverkeeper

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Black Warrior RiverKeeper Press Release on Birmingham City Council Sheperd's Bend Coal Mine Resolution

In a very sensible move, the Birmingham City Council passed a resolution today against the University of Alabama leasing or selling any land for the purpose of coal mining activities, that will discharge toxic wastes into the Black Warrior River directly across river from the intakes of the Birmingham Water Works.

We applaud this resolution and congratulate BWRK for their steadfast devotion to helping to make this a reality. It's one for the win column in what is sure to remain a hard fight against big coal in Alabama. 

BWRK is urging concerned citizens to continue to contact the UofA and voice their opposition. Thank your riverkeepers too for looking out for you Alabama!

The UA System is on Spring Break and their UA System Office voice mail is now full.  

Please relay your Shepherd Bend Mine concerns to their leadership via email today: 

mportera@uasystem.ua.edu
mbownes@uasystem.ua.edu
mspearing@uasystem.ua.edu
rsmith@uasystem.ua.edu
kreinhar@uasystem.ua.edu
stjohnfe@bellsouth.net

witt@pres.ua.edu

cgarrison@uab.edu

And please call them next week when they’re back from vacation: 205-348-5320
2011BWRKPressReleaseBirminghamShepherdBendResolutionMar152011

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Updates on Sheperd's Bend Coal Mine--Black Warrior Riverkeeper

Today, our Staff Attorney, Eva Dillard sent the UA System Trustees a letter reiterating and updating our opposition to the Shepherd Bend Mine proposal.  The letter relays new information the Birmingham Water Works Board recently supplied about coal mining’s threats to tap water quality from their Mulberry Fork water intake facility, which serves 200,000 Birmingham-area customers.

We ask that the UA System not lease or sell land or mineral rights to Shepherd Bend LLC, the company proposing to mine directly across the river from this major drinking water intake.  Without the UA System's significant land and mineral rights at Shepherd Bend, it may not be cost-effective for Shepherd Bend LLC to start mining.  We hope citizens will continue to call the UA System's Tuscaloosa office to voice their opposition to the project: 205-348-5861. 

Represented by the Southern Environmental Law Center, we continue our appeal of the flawed wastewater discharge permit that the Alabama Department of Environmental Management granted to Shepherd Bend LLC.  The Birmingham Water Works Board continues its own appeal of the shortsighted mining permit that the Alabama Surface Mining Commission granted to Shepherd Bend.   We will keep you posted as those appeals progress through the legal system. 

For more information about the Shepherd Bend Mine proposal, including maps, statistics, pictures, permit documents, news about ongoing student and community protests, recent articles, and today’s letter to the UA System, visit: http://blackwarriorriver.org/news/help-protect-birmingham-s-drinking-water.html

BWRKLetterUASystemTrustees

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Environmental Groups Take Rosa Coal Mine Fight to Court of Appeals--SELC

 Press Release January 20, 2011

Contact:

Gil Rogers, Senior Attorney, 404-521-9900

Cat McCue, Senior Communications Manager, 434-977-4090 (email)

Representing:

Black Warrior Riverkeeper - Nelson Brooke, 205-458-0095

Friends of the Locust Fork River - Sam Howell, 205-706-4376

Montgomery, AL –

Two Alabama river groups are appealing an administrative law judge's approval of a permit for a massive strip, auger and underground coal mine in Blount County.  The Southern Environmental Law Center, on behalf of the Black Warrior Riverkeeper and Friends of Locust Fork River, filed the necessary papers this week with the Alabama Court of Civil Appeals; only a few coal mine permits have ever been appealed to this level in Alabama.

The groups say the water pollution control permit for the Rosa Mine issued by the Alabama Department of Environmental Management in October 2009 violates federal and state laws on multiple counts, and would fail utterly to protect water quality. The permit issued to MCoal is for a 3,255-acre coal mine that would allow more than 60 pollution discharge points into numerous feeder streams of the Locust Fork, a tributary of the Black Warrior River that is already on ADEM's list of the most polluted streams in the state.

"The permit that ADEM issued for this huge industrial operation is woefully deficient - there are virtually no meaningful protections for the Locust Fork," said SELC senior attorney Gil Rogers. "We are committed to protecting these resources and the communities that depend on them, and are not giving up the fight."

The groups first appealed the permit in late 2009 after a hearing before the Environmental Management Commission last year, which ruled that the coal mine permit would not harm the Locust Fork. The Montgomery County Circuit Court affirmed that ruling in December.

The groups say ADEM violated federal and state laws in several ways when it issued a National Pollution Discharge Elimination System permit for the strip mine. For example, the agency failed to conduct a site-specific environmental analysis and instead issued a "rubber-stamp" permit it gives other coal mines. The Rosa Mine permit is virtually identical to the one ADEM issued for the proposed Shepherd Bend Mine in Walker County, which is roughly half the size. (SELC and  Black Warrior Riverkeeper are also challenging that permit; a hearing is scheduled in late February.)  In addition, the agency:

• Failed to require a pollution abatement and prevention plan from the company;
• Allowed pollution to be discharged to an already impaired stream;
• Granted a blanket exemption for all pollution limits when it rains; and 
• Failed to require limits on chlorides, aluminum and other contaminants that are common problems with coal mine discharges.

 "The Locust Fork near the Rosa Mine is an absolutely beautiful stretch of river where thousands of people from across the country go each year to enjoy its scenery, fishing, paddling opportunities, swimming, hiking, wildlife watching, photography, and more," said Nelson Brooke, Black Warrior Riverkeeper.  "This permit should not have been issued and we will continue to advocate its revocation."  

"Heaven forbid there should ever be a major pollution event on the Locust Fork River, but, as we know from the TVA coal ash spill and the BP oil spill, catastrophes do occur," said Sam Howell, president of the Friends of the Locust Fork River. "That is why our groups are taking these extraordinary steps to ensure that ADEM fully and rigorously evaluates the environmental impacts of this proposed coal mine so close to so many communities."

More info: Coal mining--A Threat to Alabama Waters

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The Southern Environmental Law Center is a regional conservation organization using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC's team of 40 legal experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.

Web:  www.SouthernEnvironment.org
Facebook:  http://www.fanofselc.org
Twitter:  http://www.twitter.com/selc_org

**More information-- Rosamine.org

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"Sippin' With the Fishes" Black Warrior Riverkeeper Event January 18, 2011

Please come and support BWRK and get informed about the Sheperd's Bend mine proposed for Cordova, Alabama. 
This is a great organization and worthy of our appreciation!

BWRKPressReleaseJan42011

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Black Warrior Riverkeeper Newsletter--Sheperd's Bend Coal Mine Fight Continues

Please support your local Waterkeeper Alliance and their efforts to protect our watersheds globally. Here in Alabama, Black Warrior Riverkeeper is all that stands between Alabama's environment and the big polluters because the state agencies and EPA Region 4 are "more or less in league with the poisoners," and unwilling to stand up to big business and enforce federal laws. Following federal CWA & CAA laws are not profit centers for business and Alabama welcomes them with wide open arms with their lax attitude towards protection of the environment.

The only environment Alabama is interested in protecting is the ability of big business to run amok in our state and grow rich from their reprehensible records of serial violations of our waterways and air quality. Our state "environmental agencies, ADEM & EMC, support themselves with the fees from these businesses emissions and discharges, resulting in a non motivational model that does nothing to reign in their toxic methods of operating.

The foxes are clearly in charge of the proverbial hen house.

BWRK stays after them and keeps Alabama's citizens informed of what is really going on as you can read in their recent newsletter below. It's an eye opener and a sober reminder of the critical need for grassroots efforts in our state.

They're the unsung heroes for Alabama's waterways and we salute their mighty efforts!

Mission statement of the Waterkeeper Alliance

Waterkeeper Alliance provides a way for communities to stand up for their right to clean water and for the wise and equitable use of water resources, both locally and globally.  The vision of the Waterkeeper movement is for fishable, swimmable and drinkable waterways worldwide.  Our belief is that the best way to achieve this vision is through the Waterkeeper method of grassroots advocacy. 
 
Waterkeeper Alliance aspires to protect every major watershed around the world. We also continue to reach out and collaborate with other leading national and international environmental and public health organizations to serve the needs of our global network.

GoogleDoc ASMC permit Sheperd's Bend

BWRK Newsletter Second Half 2010

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