Corruption, Politics, Big Business and Environmental Injustice
POLITICAL CORRUPTION IS A NATIONWIDE ISSUE AFFECTING ALL OF US. ALABAMA RANKS #5 AS THE MOST CORRUPT STATE. *DOJ 2007 stats Something is very wrong in the Land of Cotton PERTINENT ENVIRONMENTAL AND CORRUPTION ISSUES IN OTHER STATES ARE ALSO DISCUSSED
NO OTHER COMMUNITY, RICH OR POOR, URBAN OR SUBURBAN,BLACK, BROWN,RED, YELLOW OR WHITE SHOULD BE ALLOWED TO BECOME AN "ENVIRONMENTAL SACRIFICE ZONE." Dr. Robert Bullard Environmental Justice Movement Founder
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."
Facilities Across the Southeast Ordered to Stop Discharging and Comply with Clean Water Act
ATLANTA – Jan. 13, 2011-- The U.S. Environmental Protection Agency (EPA) issued Administrative Orders (AOs) against seven entities in North Carolina , Tennessee , Kentucky and South Carolina during the last quarter of 2010 for violations of the Clean Water Act (CWA).
“Controlling water pollution sources is key to protecting waterways across the Southeast and the health of all people who depend on them,” said Gwendolyn Keyes Fleming, EPA Region 4 Regional Administrator.
Three entities were cited for alleged stormwater-related violations of the CWA. Polluted stormwater runoff is a leading cause of impairment to the nearly 40 percent of surveyed U.S. water bodies which do not meet water quality standards. Over land or via storm sewer systems, polluted runoff is discharged, often untreated, directly into local water bodies. The entities cited and their associated violations include:
· YDV, Inc., for violations at the Compass Pointe Phases 2, 3 and 11 sites in Leland , N.C. ;
· Marion Retail Investments, LLC, for violations at its Grandview Station construction site in Marion , N.C. ;
· Shelby County Schools, for violations at the Shelby County Administration Building in Arlington , Tenn.
EPA issued AOs requiring the violators to conduct a variety of remediation activities, including revising and implementing their Construction Pollution Prevention Plans and Erosion and Sedimentation Control Plans; installing and maintaining Best Management Practices; conducting adequate self-inspections; ceasing sediment discharges; and addressing areas where sediment had been discharged.
The City of Oak Ridge, Tenn., was cited for unauthorized discharges of sewage from the wastewater collection and transmission system. Sanitary sewer overflows (SSOs) like these pose a significant threat to public health and the environment, and remain a leading cause of water quality impairment. SSOs contain raw sewage and have high concentrations of bacteria from fecal contamination, as well as disease-causing pathogens and viruses. Besides being illegal under the CWA, the SSOs also constitute a failure to comply with the requirements of the utility’s National Pollutant Discharge Elimination System permit. EPA issued an AO requiring the utility to address wet weather capacity-related issues in the sewer system. In addition, the order requires the development of management, operation and maintenance programs.
*Licking River Resources, Inc. and Clintwood Elkhorn Mining Company were each cited for unauthorized discharges of wastewater associated with their surface mining and/or coal processing and preparation plants in West Liberty and Phyllis , Ky. , respectively. The Mullins Branch Preparation Plant in West Liberty discharges wastewater into Mullins Branch, while the Miller’s Creek Mine Plant in Phyllis discharges wastewater into Miller’s Creek. Under the CWA, such discharges require a National Pollutant Discharge Elimination System, and EPA has ordered each facility to cease all unpermitted discharges into waters of the United States .
EPA issued an AO for violations of the Concentrated Animal Feeding Operations requirements of the CWA at a dairy operation known as Lee Mayer #1 in Newberry , S.C. The order requires the owner, Mayer Farms, Inc., to cease the discharge of pollutants from the facility and come into compliance with the land-application requirements in accordance with its Waste Management Plan and permit. The AO also requires Mayer Farms to provide quarterly sampling reports for its waste, and for its crops and harvest plants to determine nutrient levels.
Congress enacted the Clean Water Act (CWA) in 1972 to protect the nation’s rivers, lakes and stream, as well as some of the more fragile and vital wetland habitats. The entities cited violated the CWA by failing to meet the requirements of their National Pollutant Discharge Elimination System (NPDES) permits, and subsequently causing point source discharges. Pollutants of concern include nutrients, sediment, oil and grease, chemicals and metals. When left uncontrolled, water pollution can deplete needed oxygen and/or otherwise result in the destruction of aquatic habitats, as well as the fish and wildlife that depend on them. Water pollution can also contaminate food, drinking water supplies and recreational waterways, and thereby pose a threat to public health.
We're in shock over this one from a newspaper that is usually cowering to the BARD machine and their overbearing and insufferable creator (who is also Governor Bentley's communications director) Stephen "Steve" Bradley, but this time, they got it right. BRAVO!
BARD, it seems, is the new E.F. Hutton.
The Wall Street investment firm E.F. Hutton became a household name in the 1970s and 1980s with its slogan: "When E.F. Hutton talks, people listen."
Today, it's BARD -- the Business Alliance for Responsible Development -- that commands attention. When BARD talks, elected officials listen.
For the past half-dozen years, BARD has been at war with river protection groups over restrictions on building near waterways. And with major developers and large landholding corporations such as Alabama Power Co., Drummond Co. and USS Realty among its founders, BARD has pretty much gotten its way.
Two weeks ago, the new Jefferson County Commission was set to create a new county department to handle stormwater management. "We have to deal with stormwater. The best way to deal with it is to departmentalize it and say we are responsible for it, and we are going to do what we need to do," said Commissioner Joe Knight, who oversees land planning and development.
Then BARD called.
A resolution calling for the creation of a stormwater management department was pulled from last week's County Commission meeting.
In a rare, but gutsy move the US EPA refused to accept the latest offering from the Alabama Department of Environmental Management [ADEM] outlining improvements to their dismal history of enforcing the Clean Water Act [CWA]. ADEM is under pressure from the EPA to improve the standards it requires of cities to stop polluting Alabama's waterways in addition to facing a legal action presented to the EPA that was filed on behalf of 14 environmental groups to have their water authority taken over by the federal government. PetitionToWithdrawAlabamaNPDESPermitting
The petition cites numerous cases of ADEMs failure to enforce the federal laws regarding Stormwater ManagementPrograms [SWMP] which includes developments, discharges from industries such as strip mines (coal and aggregate), utilities (Alabama Power in particular) and a long list of Alabama's infamous companies that are most responsible for the high degradation of the state's waterways. The petition also shows in stark form the imbalance of permits issued and/or renewed in contrast to the level of enforcement of the federal laws--enforcement has receded to all time lows while permitting is on the rise.
The EPA has demanded improvements, but what they got was a "business approved" draft proposal;
When ADEM released a draft of the small city storm water permits early this year, it more closely conformed to the EPA's expectations. But after response from the business community, the revised version of the permit drew the EPA's objection.
Alabama is beholden to these business interests and the influence of organizations like BARD, among others, has the tail (business interests) wagging the dog (ADEM and the state) and why ADEM thought they would get the EPAs approval on a draft to the federal government after they allowed "responses" from the same "business community" that has helped create this serious problem is almost unbelievable;
In fact, it was lobbying by the business community that led to the permit conditions the EPA is now objecting to.
But this is Alabama and we are all keenly aware of who really controls things. We also know that a lack of sophistication, personal greed and corruptibility are intimately involved in this process and both are exploited by behemoths such as BARD and the business community at large on a regular basis. The Jefferson County Super Sewer project and theirSWMPare clear examples of how elected officials and some state agencies are mismatched with the ruthless raiders that feed on their willingly offered up weaknesses;
What happened here in Jefferson County would turn out to be the perfect metaphor for the peculiar alchemy of modern oligarchical capitalism: A mob of corrupt local officials and morally absent financiers got together to build a giant device that converted human excrement into billions of dollars of profit for Wall Street.
This isn't capitalism. It's nomadic thievery.
Indeed it is and it happens all the time in Alabama through the endlessly repeated process of morally bankrupt and corrupt officials who continue to believe the lies of morally absent business interests and organizations that are only interested in one goal--profit with no rules.
Predictably BARD steps into this fray with ADEM and the EPA claiming state's rights trump the federal laws regulating pollution standards and blames the EPAs scrutiny on the White House and what he probably views as Obama's "environazis" sticking their federal noses into the Mules personal hay bins (ADEM, EPA Region 4 and the state of Alabama);
But BARD attorney Gilbert says the EPA's demands to ADEM are an overreach by the Obama administration, pushing changes that would amount to new regulations that contradict state law.
"What EPA doesn't take into account is state law and the state constitution," Gilbert said. "EPA is reinterpreting the regulations to this administration's liking. And they are focusing on Alabama because the environmental community has lobbied them to do it."
"I'm not aware of any other state in Region 4 that is under this type of review by EPA on all facets of their water program," said Joel Gilbert, an attorney who represents the Business Alliance for Responsible Development, an alliance of developers and landowners that includes Alabama Power, Drummond Co., the Barber Companies, the Greater Birmingham Association of Home Builders and U.S. Steel.
BARD relishes demonizing environmentalists and use the muscle of their wealthy and politically connected members to annihilate anything or anyone who gets in their way. They seem to relish the fight with a strange enjoyment akin almost to sadism in they way they dominate elected officials, whip regulatory agencies and communities until they cry "BARD" and do whatever they're told to do, even if it means a possible jail sentence and the polluting of the same environment their children and grandchildren live in.
Another mantra they are fond of is that scrutiny and forced regulatory compliance (it has to be forced because they refuse to do it on their own) will stifle "economic development and result in the loss of hundreds of good paying jobs and revenues to the communities and the state."Some of the members even blame environmental regulations as the reason for "American jobs going overseas when Alabamians here at home are hurting." That's a carefully designed message to enlist the average citizen to fall in step to their nonsensical rhetoric. And it usually works.
Big business as a whole almost exclusively supports Republicans. It was this party who was largely responsible for jobs leaving the US through NAFTA and big business itself had a huge hand in it when they became more of a shareholder oriented arrangement that put more emphasis on profits than it did the workers and environmental compliance.
Alabama is a right to work state and there is no protection for workers from unions--BARDs own uber wealthy Drummond Coal fired more than 1000 Alabama workers, closing five of its mines and moved a large portion of the Drummond business to Columbia. But you'll never hear any of that from BARD or most of the mainstream press because it contradicts the carefully crafted illusionist message of it's someone else's fault this is an issue and following the rules will only cost all of us more in the long run.
Since operating in Colombia, Drummond has closed five mines in Alabama and fired more than 1,000 workers, triggering protests from U.S. labor unions, including the United Mine Workers of America.In March 2002, the Mining and Energy Industry Workers Union of Colombia and the families of three killed union leaders sued Drummond, claiming that after labor strikes the company's Colombian managers told paramilitary gunmen that they wanted theofficials killed. The lawsuit is backed by the United Mine Workers of America, the United Steel Workers of America and the International Labor Rights Foundation. Drummond has faced about a dozen rebel attacks on its Colombian facilities in the last two years, and in 2000, the FARC kidnapped four Drummond workers for ransom, but eventually released them. *(Note--A third lawsuit has been filed by the children of the slain Union leaders, it's not over yet.)
With members like that it instills fear in people and most of them are not likely to resist that kind of power if they know anything about their history. Getting your way through intimidation is no different than what the Mafia did in early twentieth century America--hence the term "mob rule" which is what BARD and a certain segment of the business community does in Alabama essentially.
It's understandable on some level why ADEM does not stand up to such powerful business interests, but it's still inherently wrong, against federal pollution laws and their lack of gumption causes harm to the entire state and its populace through continued environmental assault.
If it's fear that drives ADEM to not fulfill their great responsibility to Alabama's environment and her citizens, then it is incumbent on the next Governor of this state to lay down the gauntlet and make it clear that he will not allow the Mules to influence and/or intimidate agencies under his control.
If it's not fear or even ineptness, then there is a much bigger problem that may have its origins in issues worthy of federal investigation of a different kind similar to the one going on in Alabama right now over corruption and electronic gaming.
We don't see much difference between that issue and this one because they both are based in pervasive corruption and undue influence from powerful lobbyists through the collusion of the business interests they represent and policy makers. ADEM makes a handsome profit from issuing permits, assigning enforcement fees which seem to be designed as a continuous money pipeline rather than a real deterrent, and in some cases, they get a kickback from increased toxic waste dumping and the high noxious emissions it is supposed to curb. Business interests contribute heavily to legislators that make laws which influence environmental regulation enforcement and thereby create a system of government which serves as its protectors.
It's wrong on so many levels and it flies in the face of transparency and responsible environmental management. When you create a quid pro quo environment and make it much more profitable to pollute rather than to comply, and are enabled by policymakers enacting legislation that assists that untoward process, it creates a poisonous atmosphere rife for corruption and political favoritism that should warrant a deeper probe into this ongoing toxic issue.
*(Note--Another take on this from Paul Hamaker of the Examiner.com labels the real culprit as Governor Riley "Alabama's biggest polluter." BARD was a heavy contributor to both of his gubernatorial campaigns)
(Originally published October 1, 2010)
Once again the Birmingham News proves our point about its bias in heralding the Shelby County Commission as a bastion of ethics in a recent article about theirprojected $82 millionfiscal 2011 budget. We've written quite a few articles about Shelby County and any regular reader of this site should be well acquainted with the pervasive corruption and lack of ethics that seems to thrive in Columbiana.
From their socialistic, property devaluing and controlling Comprehensive Plan to the recent news of Shelby County not wanting federal scrutiny of their election process, one doesn't have to work too hard to see there are big problems in one of Alabama's largest, whitest, mainly republican and most powerful counties in Alabama. ("A Path to the Future" Shelby County Comprehensive Plan)
We'll certainly refer back to the 2009 EPA federal audit of Shelby County'sStormwater Management Program [SWMP] and its damning lack of inspections, improper permitting, lax or non-existent oversight of commercial and residential developments, removal of heavy industrial site inspections (167 currently in the county per the EPA document 2008 numbers), *scant amount of "inspectors" and the woefully inadequate funding to the SWMP to carry out even the most basic of duties they should be doing.
*(Note--when we had someone call about the audit EPA Region 4 was not happy the document was "out there." They said it was "leaked" and "not supposed to have been released.") EPAFederalAuditShelbyCountyAlabama2009
County Manager Alex Dudchock (aka Comrade Dudchock) spinsthe less than glowing audit as simply the EPA asking them "to improve in some areas" which is far from anything resembling the actual findings in the 34 page audit;
Shelby County was also recently audited by the EPA for their storm water management program.
"Well when they came in they had a variety of things that they found as areas that they want us to improve. Yes it's going to cost us more money, not dramatically," said Dudchock.
"Now I don't know if the EPA is going to force us into something that forces us into something on down the road that we have to do that, but right now we're planning on paying for it out of our own pockets from existing revenue rather than jumping into another assessment. But there's more to be said on that," said Dudchock.
"We have not had our permit issued yet we answered to EPA. We had a very good meeting with them. They said they like what we are doing and what we plan on doing."
"We're going from 5 sampling sites to 20 so you can imagine our internal costs. They went up 37% from last year to this year."
Listen closely to the claims of "budget management and cuts" by the fashionably blonde Ms. Allison and Dudchock who appears as the well-fed man in the tan blazer, white shirt and no tie.
Let's take a look at how "efficient" the county has been with its SWMP and what they have spending on this courtesy of Mr. Stephen Bradley's mouth moving before his brain engages propaganda when he referred to Shelby County as a "model of cost efficiency" regarding their SWMP; (As Rachel Maddow said in the report on Haley Barbour, "We can fact check these things.")
Consider this: Shelby County performs all necessary functions to comply with clean water laws for all of unincorporated Shelby County, as well as Alabaster, Pelham, Helena, Moody and Indian Springs, *with a staff of two parttime employees and an average annual budget of $45,000.
Source: Bham News Editorial, page 2-B Vol 119 August 20, 2006 "Storm-water Group Misuses Law " by Stephen Bradley, president of Bradley & Associates and representative of BARD
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This sourced article was during the time that BARD was muscling Jefferson County, Alabama to pull out of its SWMP because they were "doing too much and it was not cost effective." We know how that turned out because the EPA just recently slammed JeffCo for their SWMP and they're in the deep end of the BARD swamp and facing a possible million dollar expenditure because of it.
Yep, we can fact check these things and we do.
$82 million in revenues expected and all Shelby County can spend on their SWMP is $45,000.00? These might be important facts to know, but nothing from the Birmingham News will ever tell you that.
"Shelby County shall promote proper management of environmental resources to accommodate growth while preserving and enhancing the economic, ecological and scenic, and recreational values associated with the natural environment"
Just because you say it that does not make it so and with a county that has such a large number of industrial sites along with five active quarries (soon to be seven with Vincent and the *still being pushed Montevallo proposed quarry that Sen. Bachus and the republican machine were against the first time around) in addition to the large number of ADEM files (yes, we have them) on repeated violations of the Clean Air Act [CAA] and the Clean Water Act [CWA] the county engages in double speak every chance they get. And they sure do a great job of making it sound lovely until you notice the cracks in the wall of propaganda in sentences such as "It is noted that ADEM assumes a low-profile, non-aggressive posture when enforcing state and federal regulations." * (Note--A Vincent resident informs us that Ms. Goddard stated that "it's not over yet" when she was asked about the Montevallo quarry in a public place.)
From the document: A strategy to ensure environmental quality and a higher quality of life in Shelby County was developed along with the above goal.
The components of this strategy are common to most or all of the issue area discussions that follow. This strategy consists of: 1) ensuring quality development practices are followed; 2) be proactive and effective in enforcement efforts; 3) provide infrastructure that adequately protects the environment; and 4) support community organizations seeking to improve environmental quality.
§ 10.2.1 General Concerns (1) Pro-environment public attitude. The Environment and Conservation Committee found a definite strength in that the residents of Shelby County generally have a pro-environment attitude. A General Opinion Survey supports this finding. When asked specifically about the Cahaba River or Lake Purdy, respondents strongly agreed that it was very important to protect these areas. However, when asked if drainage and erosion were problems, most respondents had no opinion or did not think it was a problem. This response was surprising since drainage and erosion directly impact the Cahaba River and Lake Purdy. From the large number of "no opinion" responses, it seems likely that most respondents were not sure whether a problem exists but have some concern that a problem could evolve. Most respondents also felt that development should be guided away from steep slopes, wetlands and other environmentally sensitive areas. *(Note--The people don't know what is not reported on. The Vincent quarry is to be built in an area with three wetlands and within one mile of the threatened Coosa River and will discharge to that river. Did we mention the area is primarily minority?)
(2) Environmentally sensitive developers. Generally, developers of the larger developments in Shelby County are considered environmentally sensitive when developing property. It is perceived that this sensitivity is due to market pressures as well as genuine concern for the environment.
*(Note--See the R sidebar section "EPA Formal Actions Shelby County, Alabama" "Perceived" by whom exactly?)
(3) Lack of enforcement authority. The Environment and Conservation Committee acknowledges that the enforcement of such regulations is the responsibility of other agencies although but feels that the county could exert influence in these areas with better communication and education.
*(Note--EPA told the county they could not rely on ADEM alone and the county had no justification for removing it's heavy industry inspections, but they already knew ADEM was lax and enforcement was not happening. If we make them follow the EXISTING LAWS they may get "upset" and move--there goes the money.)
(4) Lack of state enforcement.The lack of personnel and money to enforce existing laws by the Alabama Department of Environmental Management (ADEM) is a weakness in the system. It is noted that ADEM assumes a low-profile, non-aggressive posture when enforcing state and federal regulations.
(5) Lack of local enforcement. The lack of authority and resources to enforce regulations was also perceived to be a problem on a local government level.Those agencies charged with enforcing environmental regulations in the county possess no clear understanding of their role in relation to other agencies or have no legislative mandate to do so. The resulting confusion often results in NO ACTION BEING TAKEN.
*(Note--But the county can add the "Home Rule" Amendment to Alabama's Constitution and make sure the county isn't liable for anything that may result from an "environmentally (read: economic) proactive" decision.)
§ 10.2.3 Prime Farmland Concerns (1) Economic Loss.The potential economic loss from the conversion of prime farmland to non-agricultural use could represent the decline of a sector in the local economy. Losing a productive farm can be likened to losing an industry. And, with the loss of prime farmland, farming interests will be more likely to move to other prime sites outside the county rather than move to other marginal sites within the county. Since the value of agricultural products sold in Shelby County accounts for one-tenth of one percent ($3 million) of the total volume of business in the county, the loss of farm income would be minor. *(Note--Read: Get off that limestone laden farmland that's been in your family for generations hayseed and go ahead and move to another county because you don't fit "the ideal" of this one anyway. Besides we weren't making enough money off of you.)
(2) Preservation of Rural Lifestyle. The importance of maintaining existing farms and protecting land that is most suitable for farming affects some characteristics of the rural lifestyle. The rural lifestyle and the perception it lends to the quality of life in Shelby County was found to be an important factor in the general attractiveness of the county. *(Note--If you're Wilsonville (home of Alabama Power's EC Gaston plant) then this applies to you with the recent Mayberry-style plan (A Place to Call Home) Goddard & Co. (Shelby County Planning Commission) dreamed up for this mostly white area. Vincent, forget it, you're just a bunch of poor, uneducated people anyway.)
Sections 1 and 2 are contradictory on their face and would have to be "selectively enforced" which the Comprehensive Plan allows the county to do. If the county really wanted farms and the "preservation of a rural lifestyle" they would attract green business not unsightly cement factories, limestone quarries, lime production facilities and other visual and physical pollutants and polluters.
None of which promote the "attractiveness" of any county which most rational people would agree with.
And who is on this Environment and Conservation Committee? Who's ever heard of them and does it still exist? Are its members of similar backgrounds as the appointmentof Joe Howle (manager of environmental services for Vulcan Materials) to the Alabama Water Resources Commission by Governor Riley? Were there no other qualified individuals than an "industry insider" who may be able to influence policy available?
What process did the county employ to form this committee? They've done a very poor job being good stewards of the county at the very least and at worst it's nothing more than a perfunctory figurehead committee with no real functions and goals.
This speaks for itself and requires no further explanation from us, except maybethis item and maybe thisone too. And let's not forget the telling words from Doug Smedley about the Calera lawsuit:
The Alabama Attorney General's Office, along with the Alabama Department of Environmental Management, filed a water pollution lawsuit against the city of Calera June 10, 2008.
The lawsuit states that the city's wastewater treatment plant violated its permit by discharging polluted water into Camp Branch, which is a tributary of the Coosa River.
Calera Sewer Operations Director Doug Smedley said that in July 2007, treatment plant workers discovered oil flowing into the plant.
"The oil, estimated at approximately 10,000 gallons, was waste from the Alabama Power Company." Smedley said.
*(Note--that's the same entity of our previous posts that is very problematic)
“Hopefully, we will improve the system for three or four years, and then when we have to renew with ADEM after that, they will say we can stop where we are,” Smedley added. “I’ve seen that happen numerous times before.”
That was not the first time the Calera plant had come under fire for polluting--they have been creating problems for years. Mr. Smedley's words were in response to a six year time period "imposed" by ADEM. The county certainly does sound environmentally sensitive and "proactive" doesn't it?
We might also add the hiring of the Chair of the Shelby County Commission Lindsey Allison (a family law attorney) as additional counsel for White Rock Quarries Vincent Hills project. Did you know that quarries require family law attorneys? Neither did we. They may, however, require someone in a powerful position to assist them in ramrodding the unwanted and ill-advised invasive project into the small and unsophisticated Town of Vincent.
The project will result in a huge financial gain to the county more so than the community of Vincent who will bear all the liability thanks to Shelby County's Home Rule Amendment to the Alabama Constitution which reads in part: "The legislature has a right to waive or limit the county's liability by law"
Ms. Allison predictably defends this unsavory, unethical and questionable "hiring" and apparently does not enjoy being questioned about it:
In a related matter, a group opposing the quarry said it plans to ask County Commission Chairwoman Lindsey Allison to recuse herself from participating in any matter involving the quarry that comes before the commission.
Allison has been hired by White Rock Quarries to represent the company in a lawsuit filed by a Vincent resident who's challenging procedures the town's planning commission used in recommending that White Rock's rezoning request be approved by the council.
''At this time, there is no current issue before the Shelby County Commission that requires me to vote or make any discretionary decision,'' Allison said. ''Why are we asking the question?''
Should that time come, Allison said she would take appropriate steps.
''I have a history of making sure I'm not in conflict on any issue that comes before the commission,'' Allison said. ''I'll conduct myself accordingly.''
Source: Bham News, Community News page 1-SC Vol 123 June 2, 2010 "Quarry Trucks Irks Some Residents" by Malcolm Daniel staff writer
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Mr. Daniel did good with this story and asked the hard questions, but we can't say that for all of his coverage regarding the Vincent Hills quarry. Far too many times he seemed uninterested and/or unable to delve deep into the surrounding issues and ask the tough questions on the project and who was involved in it. Citizens tell us that he spent more time in the Vincent offices of White Rock Quarries and Town Hall than he did with the citizens who opposed the project by a margin of 3-1 according to the figures provided to us.
More than a few citizens recounted to us that he was asked to probe the claims of "job fairs" by White Rock spokesperson Kathy Copeland along with the large number of out of town residents she was instrumental in enlisting to come to Vincent to inflate support for the quarry. Which presented a skewed picture of support largely due to non-residents being promised a job and dinner if they "would show up in Vincent and wear a t-shirt and hat" that displayed "Yes, for Vincent Hills."
*(Note--We have more than a few individuals accounts that it was Ms. Copeland who directed this and these interlopers were contacted by robo calls.)
When Mr. Daniel was told this information his repeated response was "They want a job, don't they have a right to come looking for a job?" Yes, Mr. Daniel they do, but this is not a job fair, the project is still being considered and has not even been approved yet. This is a City Council meeting (or one of the few public meetings) where citizens of Vincent get to address their elected officials (no discourse is allowed and they will not respond in any way) who will not meet with any citizen outside these forums (who opposes the quarry and requests a one-on-one meeting with their elected officials) and voice their support or opposition in strictly timed five-minute allotments.
Logical and factual explanation that absolutely deserved more probative reporting, but Mr. Daniel seemed to laugh it off dismissively and repeated his same nonsensical statement again. His stories were one-sided in feel and somewhat of a just the selective minimum facts presentation
And now we have this glowing article of Shelby County's high ground ethics by Mr. Daniel and the Birmingham News to cause our digestive systems upset. It just proves our point that the News has a clear agenda and we would be willing to wager that a certain PR man may have influenced this article. So, the county proves it can be a real money machine--what does that have to do with ethics?
If we can fact check information, connect the dots and present the other side of the story with previously published information and some diligent research then why can't the Birmingham News do the same?
What's more important to the public at large--a deadline and a steady paycheck by a small number of certain news writers or an accurate story to a much large number of citizens whose lives may be affected by important issues and who absolutely deserve to know the "rest of the story"?
We know the answer to that one.
Shelby County, Alabama, the Birmingham News and ethics--two of these things are definitely not like the other.
When BARD muscled Jefferson County, Alabama into abandoning its Stormwater Management Authority Program (SWMA) in favor of a " new plan" drafted by them and contracted to Malcolm Pirnie, Inc., two of the reasons they cited were that Jefferson County "was doing too much" and its current regulations were "unnecessary and not cost effective for the taxpayers." BARD submitted their own ideas and influences and convinced JeffCo to pull out of its established SMWA. The recent US EPA federal audit of the countyexposes "major failings" with the adopted SWMA plan and exposes BARD's "misinformation and distortions."
(*Note--Scott Phillips of the EMC, the agency that oversees ADEM works for MP, Inc.)
In other words, BARD lied and they did it twice to some of the same players who did not learn any lessons from it the first time it happened with the JeffCo Floodplain Ordinances (FO).
FOs were the subject of a previous fight with Jefferson County by BARD that came to a boiling point in 2005/06 and was very similar to the fight over SWMA. These two issues are interconnectedand it is relevant to discuss both of them together--BARD was against each of them because it would cost their clients money and preserve some faction of environmental protections.
Mayor Larry Langford and Carole Smitherman. Many remember Malcolm Pirnie as the company hired by the city to manage construction of Carver High School.
Completed in 2000, the project was a $50 million debacle that cost much more than estimated yet produced a new building riddled with costly problems, such as inadequate wiring, buckling floors, cracking walls, a splitting foundation, and a moisture problem to which the only solution was to run the heating and cooling systems simultaneously.
Several years ago, Jefferson County hired Malcolm Pirnie to reorganize its mismanaged sewer system. If all of that doesn't raise a few red flags, in a potential conflict of interest, there's the fact that Malcolm Pirnie Vice President Scott Phillips is chairman of the board of the Alabama Department of Environmental Management (ADEM), the same agency responsible for determining whether Birmingham is complying with water-monitoring regulations.
So ADEM, which he heads, will decide whether his company, Malcolm Pirnie, is doing its job.
Why is that every time a situation reeking of collusion with big business and developers in following the environmental rules always has ADEM on the wrong side of the right thing to do? Why don't they just change their name to Absolutely Dim-witted Environmental Mismanagement?
The claims of two BARD members, Don Erwin VP of corporate development for the Barber Company and Tom Howard of USS Realty (subsidiary of USS Steel one of the largest landowners in the proposed Northern Beltline Route) who were upset about the floodplain ordinances being considered put it this way from a*2006 Birmingham News story;
''Our company has a lot of assets in the Birmingham MSA,'' he said recently. ''How are we going to be prosperous if the Birmingham MSA doesn't grow?''
Howard of USS Realty said the money his company has spent on BARD has ''been a very good investment for us.'' He said growth is important for both the companies and the region.
''We tell cities,'' he said, ''that what's good for us is, in almost every case, good for the city.''
Those words have come back to haunt them in the morning edition of the September 2, 2010 Birmingham NewsEditorial on the real truth of those claims by BARD;
The EPA noted major failings, including an unclear and inadequate system for detecting violations and enforcing regulations that are supposed to prevent polluted runoff from getting into waterways.
The audit has provided fodder for critics and supporters of SWMA, which last year succumbed to years of attacks by the Business Alliance for Responsible Development.
BARD was formed by some of the region's largest corporate landowners and developers, which saw SWMA as a thorn in their side and wanted it out of the way.
BARD convinced Jefferson County and cities including Birmingham, Hoover and Bessemer to pull out of SWMA, leaving the cooperative without enough money to continue its storm water watchdog operations.
The full court press by BARD to get JeffCo to pull out of its SWMA and FOs was based in distortions and inaccuracies that were deliberately designed to get the county to adopt ordinances that were favorable to its clients in the Business Alliance for Rampant Development:
Business leaders felt that the proposed regulation would prevent new construction in most of the floodplain, a blow for many future residential or business developments. They feared the ordinance would become a model for towns, cities and other counties throughout the metro area.
BARD has drafted a model ordinance for buffers around streams and rivers in Jefferson County.
When the process of talks first started with SWMA and the FOs there were positive meetings between the conservation groups and the county that had been going on for three years. Individuals closely involved with that process tell us that all changed when Rob Fowler and Joel Gilbert (BARD lawyers) began to attend these meetings:
Joel Gilbert and Rob Fowler, lawyers at the firm Balch & Bingham, attended the meetings about the watershed on behalf of the Birmingham Regional Chamber of Commerce. They felt that business voices went unheard, and Gilbert said he felt the ability of landowners to develop their property was being threatened.
BARD's attorneys have gone to council meetings of nearly every SWMA member to encourage them to pull out of the coalition. Two of the largest members, Jefferson County and Hoover, have decided to pull out; Hoover Mayor Tony Petelos said BARD had nothing to do with his city's decision.
Not long after that BARD met privately with the Jefferson County officials and Mayor Langford and submitted their own set of FOs and SWMA ideas which were eventually adopted by the County-- the three years of previous talks were completely undermined in short order;
BARD's attorneys have gone to council meetings of nearly every SWMA member to encourage them to pull out of the coalition. Two of the largest members, Jefferson County and Hoover, have decided to pull out; Hoover Mayor Tony Petelos said BARD had nothing to do with his city's decision.
Large campaign contributions that surrounded the elected officials involved with this were reported right before key votes on the SWMA and FOs and three of the five JeffCo Commissioners at the time have since been convicted of corruption and taking bribes while in office.
Mr. Bradley whose one of our "favorite" people made these claims regarding the FOs in a *2006 Bham News story;
''We testified about the impact of what they were about to adopt,'' Bradley said. ''We would go to those elected officials and say, 'We want you to be sure you understand what is at stake here.' . . . We have been attacked for doing that.''
He even got Jefferson County Commissioners Sheila Smoot and soon-to-be Mayor Larry Langford to parrot the nonsensical "Bradley language":
''What swayed me was the engineering reports,'' Commissioner Shelia Smoot said of her vote for the BARD-backed plan. ''I kept asking for technical data, not emotion, from BARD opponents. I never got that.''
Commissioner Larry Langford said BARD's big-name involvement had nothing to do with his vote. ''I don't know who BARD is, but that doesn't matter. What mattered for me was which one worked best for the community.''
But a 2005 opinion piece in the Bham News penned by Mr. Bradley his true thinking is revealed about the FO issue and BARDs opponents which carries over to the SWMA;
While it was working to sway political leaders, BARD used its public voice to polarize the floodplain issue.
In a September 2005 opinion piece in The Birmingham News, Bradley called environmentalists such as the Cahaba River Society who were active in the upper Cahaba watershed study ''extremists,'' ''no-growth zealots'' and ''no-growthers (who) rammed through their agenda.'' He called their efforts ''underhanded'' and their case ''distorted.''
Bradley also said The Birmingham News had ''inaccurate and incomplete'' reportage about the issue, and ''wrongheaded'' and ''naive'' editorials.
That opinion piece, Bradley said, was a conscious, strategic decision.
''We decided to call them in public what they are - no-growthers,'' he said. ''I've always been an advocate of plain language.''
We are also advocates of plain language Mr. Bradley--LIAR. If there have been any "distortions, inaccuracies, wrongheadedness and ramming of agendas" it has been you and your ilk, sir, and we do use that term "sir" loosely.
BARD has been exposed for what it is all muscle and no truth:
Trussville Mayor Gene Melton pretty well summed up the Storm Water Management Authority's deficiencies in the eyes of the U.S. Environmental Protection Agency, as well as the irony of the attacks against it by developers and big corporate landowners.
"We weren't doing too much," as those who set out to destroy the agency claimed, said Melton, SWMA's chairman. "We were doing too little."
We will continue to follow this and report on additional information as soon as it becomes available, in the meantime, this raises serious credibility issues with the WRQ Vincent Hills quarry process since Mr. Bradley and Mr. Fowler are the lead local representatives for that.
The public is catching on to the connection of the quarry to the Highway 280 project, so the Town of Vincent, Shelby County and the elected officials have some explaining to do. Now.
Update #1
By the way, Jennifer Trammell of the the Shelby County Chamber of Commerce, why did you contact Doug Eddleman of Eddleman Properties in regards to the proposed elevated Highway 280 project and ask "how you could help with his efforts?" Mr Edleman owns 6000+ acres in the Westover area of Highway 280 and would stand to profit nicely from it being developed as would Shelby County in revenues from permits, taxes and access to federal grants based on rooftop numbers.
(located in the ALDOT files)
Vincent's Mayor is after the rooftop grant money too, which is why the press is on Bud Weber to develop his 300+ acres in Vincent. One small problem with that is bankruptcy has been filed.
Things like this also fuel citizen detractors who say that the real winners in the four controversial projects Vincent quarry, NBeltline,elevated highway and the Trinity Hospital move are presented to the public as one big Trojan Horse tacked out in jobs, growth and public benefit.
The real benefactors are private corporations, special interests, city and county governments along with some corrupt officials and the state coffers.
It's corporate welfare and inside baseball at its worst.
Trussville Mayor Gene Melton completely negates his previous statements with this asinine rhetoric;
"I would acknowledge EPA is sending us a message that they want us to play a bigger role in enforcement than they have acknowledged before," Melton said. "But with our new arrangement with the Health Department, I think we are moving in the right direction."
Under its new structure, SWMA and the Jefferson County Health Departmentbelieve they have created a much more robust system of inspection, detection and enforcement.
That would be the same "robust system" JeffCo just got nailed for.
ADEM, the "handmaiden for big polluters" cannot resist getting in on the second curtain call either;
ADEM spokesman Scott Hughes said ADEM is working with EPA and local governments to create a system of enforcement to comply with federal requirements."ADEM has worked diligently with local stakeholders and EPA to ensure our MS4 permits provide the needed protection for Alabama's water resources," he said.
How's that going for you in Shelby County Mr. Hughes you know the one don't you? Jefferson's neighboring county that is also in non-compliance status with the EPA on SWMA? It has been over a year now with SC and no end in sight (we checked), but they keep churning out those SWM permits to any developer or business that they can make a buck off of.
Unmitigated greed. Sounds familiar...maybe something Gordon Gecko would have said perhaps?
(Click title for story) Finally the EPA starts showing some backbone; Houston, Texas, West Virginia and now Jefferson County, Alabama. Shelby County, Alabama needs to be next on their list with all the continued violations and complete lack of oversight from the ADEM and the county.
Perhaps some files and a long list of numerous violations will help that along. This county has no business issuing a single SWM permit to a mud puddle with its current non-compliant status let alone a massive quarry like Vincent Hills.
They don't care about anything but more money rolling in, to hell with the environment and federal requirements.
Comrade Dudchock stated in a story from 2009 regarding the EPA audit of the county; "We have had some good conversations with the EPA. They like what we are doing and what we are going to do."
Really? Which part of the flaunting of EPA requirements exactly do they like?
That is not what their audit said in any shape or form and he knows it.
One inspector was so indifferent that the EPA auditor noted that he did not even get out of his vehicle with the EPA enforcement officer right there with him. Question; How do you properly inspect a site from your car?
A recent example of what Stephen Bradley and BARD do to communities. Scott Phillips, on the Environmental Management Commission (oversees ADEM), walked away with a half a million dollar contract in the Jefferson County SWMA fiasco. The deal was brokered by Malcolm Pirnie and most assuredly BARD had their usual heavy hand in that one.
Will the Town of Vincent, Alabama continue to turn a blind eye to what is right in front of them? Most likely they will.
Birmingham News (AL) YOUR VIEWS June 12, 2010
If ADEM won't stand up to BARD and protect watersheds, EPA should.
The Business Alliance for Responsible Development is an oxymoron.
The word ''responsible'' has to be questioned.To whom or for what is BARD responsible?
If one reads the material on the BARD website, it comes across loud and clear that the overriding goal of BARD is growth at any cost. In particular. the goal appears almost singularly to be to keep development costs down, even if the cost of environmental degradation and infrastructure damage is passed onto citizens and their communities.
If BARD were for responsible growth, it would be for a requirement for ''maximum extent practicable'' measures for stormwater control. Instead of employing lawyers to gut a somewhat better Alabama Department of Environmental Management proposal for the Phase II stormwater permit, a responsible BARD would work for regulations and a permit that requires MEP.
BARD would also support inclusion of ''low impact development'' requirements in stormwater permits. A federal court in Washington state recently ruled stormwater measures must employ ''all known and reasonable technologies'' in order to comply with MEP requirements of the stormwater rule in the state. ''All known and reasonable technologies'' include low-impact development.
While not as devastating and dramatic as the BP disaster, which was in part caused by shortcuts taken to save time and money, if BARD's efforts to gut improvements in Alabama's stormwater permits stand, they will likewise cause severe water-quality degradation and lasting, and likely permanent, ecological damage.
By responding to BARD's comments on the initial draft of the stormwater permit for smaller cities by largely gutting the permit it had drafted, ADEM is a facilitator of this environmental crime against nature and the people of Alabama.
ADEM should grow some backbone and redraft a permit that includes a clear requirement for MEP and ''all known and reasonable technologies,'' including low-impact development.
If ADEM won't write a permit that protects urban and suburban watersheds, Region 4 of the U.S. Environmental Protection Agency should insist on a protective permit.
Michael William Mullen
Executive director/riverkeeper
Choctawhatchee Riverkeeper Inc.
The problems with the lead environmental agency in Texas from this recent news story are the same problems with Alabama's Department of Environmental Management (ADEM), and their oversight agency; the Environmental Management Commission (EMC). (**Kudos to the Texas Observer's Forest Wilder for his excellent investigative reporting!)
From the story: (click title for full coverage) In his six years as a TCEQ commissioner, from 2003 to 2009, Larry Soward got a rare insider’s view of how the agency functions—and how it doesn’t.
“The mindset of the agency is we gotta issue permits, that’s our job, we issue permits,” he said during a recent interview in Houston. “Over the years the culture has been developed to be very friendly to industry and that is the culture the agency lives with every day.”
Commissioners, he says, are routinely lobbied by industry, and company lawyers or industry groups frequently draft rules for the commissioners to consider.
“I refer to it as the mariachi band approach,” Soward says. “You’d have three or four of the lawyers or consultants. They would set up meetings and go office to office with their spiel.”
Three hours after a fire broke out at Citgo's Corpus Christi refinery on July 19, 2009 releasing dangerous chemicals, the TCEQs regional head emailed a colleague; "Apparently there is a fire at Citgo. I'm walking into the Harry Potter movie."
An additional link on the agency's problems with an audio interview and PDF file emails: AgencyOfDestruction
Texas just saw the federal government come in and take control of some of their air monitoring permitting because of the complete failure of the state to protect their citizens, the environment and penalize polluters to the fullest extent posssible to force them to comply with regulations in the Houston/Corpus Christi areas. EPATakesOverPermittingProcess
As we have reported previously, 14 environmental groups are petitioning the EPA to remove ADEMs water control for also failing to enforce state and federal regulations, inspect properly and basically "do their job."
These failures clearly are not just local problems, and they exist everywhere and show a jurisdictional systemic problem with most state agencies.
In our area, Shelby County, Alabama looks to ADEM to do all the inspecting and enforcement for them, even though the EPA has told them in the 34 page federal audit that was an issuance of non compliance with their SWMP; "Larger counties may not rely on ADEM alone."
The Town of Vincent also keeps referring to ADEM for enforcement and inspections; they will also fall under what the EPA issued for the entire county and may not rely solely on ADEM.
Bravo to the EPA for finally stepping up to the plate and cracking down on this long standing issue. Let us hope that they will do the same for Alabama sooner rather than later.
The Coosa River is a cultural icon of the South and home to an astounding variety of rare and unique fish, snails, and mussels. The construction of seven large hydropower dams in the mid 1900’s turned the river into a series of reservoirs and caused the largest mass extinction of aquatic species in U.S. history.
But there is still an opportunity to save some of the Coosa’s remaining natural heritage for future generations. The U.S. Fish and Wildlife Service must insist on strong protections for the river’s endangered wildlife in the license that will allow Alabama Power to operate these dams for the next 50 years. The Coosa will serve as a test as to whether federal agencies are committed to environmentally sustainable hydropower operations.
**Thanks to the June 2, 2010 edition of the Birmingham News for publishing this.
“The threats facing this year’s rivers are more pressing than ever, from gas drilling that could pollute the drinking water of millions of people, to the construction of costly and unnecessary new dams, to outdated flood management that threatens public safety,” said Rebecca Wodder, president of American Rivers.
Rivers are chosen based on several factors, including a pending major decision on proposed action, the significance of the threat to communities and the degree the proposed action would exacerbate or alleviate stresses, said the release:
We would like to add quarries, pipelines, waste water treatment plants and heavy industry in Shelby County to the list of threats to the Coosa.
Shelby County is in NON COMPLIANCE STATUS on their SWM (Storm Water Management, link to the right) by EPA federal audit 2009. This has NOT BEEN RESOLVED YET according to Senior Enforcement Officer, EPA Region 4, Chris Plymale.
That should trigger an automatic moratorium on all new permits until it is remedied.
The county performs their "model of cost effective Storm Water Management" as quoted by Stephen Bradley (WRQ PR Rep) on an "annual budget of 45,000 and two part-time employees." The population of the county is over 175,000 and their are 167 heavy industries in Shelby County.
(This from BARD, who gutted the Jefferson County SWMA now also under federal scrutiny)
There are five quarries in the county, numerous cement, asphalt, lime production, building materials, etc. industries in this county. All of them have numerous violations according to the ADEM files, and some of these violations occur under storm flooding conditions. From those sites they make it into the Coosa River, it's tributaries (Buxahatchee Creek has been hit extremely hard) and into our ground water.
Our drinking water.
But let's go ahead and force a massive quarry on the residents of Vincent, less than a mile from this river. Let's give them a SWM permit (even though we cannot handle what we have) and allow more pollutants into the Coosa. While we are at it, allow the quarry to establish parameters and access to their monitoring wells.
This is not at all a "fine idea for Alabamians."
This river cannot endure another massive assault, Governor Riley.
Developers and large industrial landowners won their battle in gutting the cooperative that monitors storm water runoff for area local governments. But examples continue to surface that their Pyrrhic victory could come back to haunt them and the local governments that sided with them.
In July,an audit by the U.S. Environmental Protection Agency found that Shelby County's program for detecting and preventing pollution from storm water runoff was deficient, and the county could face possible penalties.
(see links to the right on Shelby County federal audit and SWMA)
That was significant, because Shelby County'sprogram had been held up as a model by the Business Alliance for Responsible Development, a group of developers and big landowners bent on dismantling Jefferson County's cooperative, the Storm Water Management Authority. Developers contend SWMA was doing too much in its oversight of storm water runoff and that Shelby County had it right.
The EPA audit proved the opposite. River protection advocates, such as the Cahaba River Society and the Alabama Rivers Alliance, were right when they warned that the EPA would require more stringent efforts, not less, in meeting requirements of the federal Clean Water Act.
Last week, the federal agency again proved the river protectors were right. The EPA fined a Chelsea developer and Sheffield utility for storm water runoff and waste disposal violations.
More important, the EPA, under a new administration, said its enforcement actions were meant to send "a strong message about the importance of protecting rivers, lakes and streams across the Southeast." That involves stepping up oversight of state clean water programs, including more aggressive enforcement at smaller pollution sources such as construction and drainage sites.
This is an area in which the Alabama Department of Environmental Management has been particularly lacking. "EPA knows that ADEM is not doing enough, and in the process of looking over ADEM's shoulder, EPA has found it necessary to take action themselves," Nelson Brooke of the Black Warrior Riverkeeper told News staff writer Thomas Spencer.
That is another indirect rebuke of BARD, which, in trying to convince area governments to leave SWMA, said the cooperative was infringing on the duties of ADEM. But it's clear ADEM wasn't up to the task, and SWMA was badly needed.
Unfortunately, BARD was able to persuade enough of the major governments in SWMA -- Birmingham, Hoover, Bessemer and Jefferson County among them -- to pull out, ensuring the cooperative couldn't afford to continue its water-testing and monitoring functions.
Last month, SWMA's board, which consists of the mayors of the 20 remaining cities, voted to send the agency's workers, who are county employees, back to the county and to contract with the Jefferson County Health Department to carry out the water testing and pollution detection inspections SWMA had done. While the step was necessary, the Health Department doesn't have the expertise SWMA did in meeting the federal mandates.
In addition, those cities that left SWMA are on their own in operating their storm water management programs. And they're going to have to meet the stricter requirements of the federal government, something they were in much better shape to do with SWMA.
The Big Mules continue to treat AL like a plantation. And the politicians in their pocket continue to prostitute themselves for a few bucks. It is depressing living here some days.
Stephen Bradley & Rob Fowler at it once again.
Nothing BARD does is positive for anyone other than their own selfish, greedy interests and the "clients" they represent.
We can expect the same in Vincent since both of them are representing WRQ.
