River Watch Spring 2010
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The Newsletter of Potomac RiveRkeepeR, Inc. Volume 7, Issue 1, Winter 2010 495 HOT Lanes Construction Polluting In This Issue Accotink Creek Agricultural Pollution in W. Virginia page 2 s snow pummeled northern Virginia, APotomac Riverkeeper took action against a major polluter in Fairfax Stormwater Regulations Stalled County, VA. page 3 As you might know, a portion of the I- 495 High Occupancy Toll (“HOT”) Lanes From the Board construction site is severely damaging page 4 Accotink Creek, the Potomac River, and the Chesapeake Bay. Sediment pollution News in Brief is leaving the site and has entered page 5 Accotink Creek and its tributaries on numerous occasions. Potomac Riverkeeper’s 10th Anniversary Potomac Riverkeeper and two individuals page 6 sought to end this problem by notifying Fluor-Lane LLC, the HOT Lanes developers, of our intent to sue under the Clean Water Upcoming Events Act (CWA) if Fluor-Lane continues to violate page 7 Virginia law and allow the pollution to enter Accotink Creek. Coverage of our Mattawoman WWTP Permit action ran in The Washington Post. page 8 Flour-Lane has not stopped polluting despite numerous complaints from the public and inspections from state Polluted water is leaving the HOT Lanes Get the DIRT Out agencies. If Fluor-Lane does not stop the construction site and entering Accotink Creek. Photo by Kris Unger. As you just read, some developers allow polluted sludge pollution and comply with the law, legal to run into our rivers and streams, leaving taxpayers action may be one of the few remaining the stream. He also made site visits and with a hefty clean up bill. The story is all too common options. took photos of the pollution. in our area, but now you can change the ending. For In every visit after September, 2008, the In addition to the legal and environmental the past year, Potomac Riverkeeper staff members state has reported pollution leaving the concerns, there are economic concerns. have visited community groups across the Potomac site. The pollution was so bad that, on In 2005, Fairfax County residents spent watershed, teaching residents how to stop pollution June 19, 2009, the Virginia Department $8 million dollars dredging the mud out of from construction sites in their neighborhoods. We of Transportation (VDOT) temporarily shut Lake Accotink downstream from the HOT call it our Get the DIRT Out program, and so far the site down so Fluor-Lane could have Lanes project. Problems near the HOT we’ve trained over a hundred residents. If you would more time to comply with the General Lanes development will only accelerate like to schedule a workshop for your community group, Permit and applicable regulations. the schedule of the next cleanup, with please give Nadia a call at 202-222-0707 or email Construction resumed after just a few Fairfax County residents footing the bill. [email protected]. days—and so did the violations. Please let us know your experiences with We decided to investigate Fluor-Lane the 495 HOT lanes development. You can G THE after receiving reports and photos from send us stories and pictures by emailing IN P Philip Latasa and Kris Unger, who live [email protected] or by T O T in the area and have been observing the calling 202-222-0707. If you would like C E O construction site since August, 2008. Jeff to read more about our legal actions and T M Kelble, our Shenandoah Riverkeeper , O pollution in Accotink Creek, please visit A R previously lived in the area and fished in us at www.potomacriverkeeper.org. C P YEARS G THE IN P T O C T E O T M O A R C P YEARS • 2000-2010 • G THE IN P T O C T E O T M O A R C P YEARS 2 Agricultural Pollution in West Virginia: F Who ‘Ya Gonna Call? R O M T H E R I V E R K E E P E Keeping cows out of the river is a good way to keep their waste out, too! It is also healthier for cows. R very state in the US is responsible for enforcing the waterway? Their answer: “Nothing, we are told to not S EClean Water Act. The ways of doing so vary from state bother with any issues originating from a farm.” to state, but there is a protocol to be followed if you spot a hazardous spill, fish kill, or someone The people at DEP suggested I ask the dumping pollution into your local river or Natural Resources Conservation Service stream. (NRCS), a federal agency. So I asked the local NRCS office the same question When it comes to agricultural pollution, and their response was, “That problem is however, the protocol is not always clear. handled by the WV DEP.” In some of the Chesapeake Bay states, concerned residents have to deal with DEP says NRCS will handle pollution from multiple state and local agencies just to get a farm and NRCS says DEP handles it. an inspector to visit a farm. The process Obviously there is something wrong with takes days or even weeks. this picture. In West Virginia, I’m sad to report that I asked an NRCS representative: if I had there simply is no working mechanism for the address and name of a farmer, along reporting pollution at an industrialized farm. with pictures documenting problems at his I came to this alarming realization soon after or her farm, would you make an effort to Brent Walls, Upper Potomac I was added to the Potomac Riverkeeper River Manager contact that farmer and provide options staff. I wasn’t familiar with West Virginia for funding to fix the problem? The answer protocol because I came from a Riverkeeper organization from NRCS was a simple “No.” NRCS usually waits for in Maryland, so one of my first tasks was finding out who the farmer to come to them and suggested that I educate enforces farm pollution, and how concerned residents the farmer on the different programs that can help. I’m could report farm pollution. beginning to understand why most people don’t call in pollution problems. I met with several Department of Environmental Protection (DEP) enforcement personnel who investigate pollution So who do you call in West Virginia about agricultural complaints. I asked them how they would respond to pollution? For now, it’s Potomac Riverkeeper. a citizen complaint about manure spilling into a local River Watch 3 Stormwater Regulations in VA Are Stalled Virginia panel is already backing away from the over, and all sides should respect the outcome. Potomac F A stormwater regulations it passed in December, and the Riverkeeper encourages public comments from citizens R move could spell trouble for federal agencies leading the as well as builders, but cannot support “do overs” simply Chesapeake Bay restoration effort. because one side was unhappy with the results. O Last month, Virginia’s Soil and Water Conservation Board The regulations were supposed to take effect July 1, 2010, M voted to suspend regulations that would tighten pollution but the latest round of public commenting, coupled with standards at new and redeveloped sites. The regulations proposals in the state legislature, could delay the process include limiting the amount of polluted runoff that can by a year or more. With similar proposals being considered T leave a site as well as reducing the speed of the polluted in Annapolis, we wonder what happened to the spirit of H runoff. restoring our local rivers and streams from the mountains to E the Chesapeake Bay. Beginning February 15, 2010, the regulations will be up for public comment for the third time since June, 2009. The Healthy rivers and streams mean healthy people and Board decided to reopen the public commenting period for economies. We were promised strong action at the federal R a second time after hearing complaints from 25 builders. level if the Bay States continued down the path of loud I support but inadequate action. Now that Maryland and No matter what the effects of the new commenting period Virginia are cutting corners, will the EPA get involved? Stay V are, the simple truth is that the Water and Soil Conservation tuned for more updates. Board has already heard public comments—twice—and E it has already passed the regulations. The process is R K E Maryland Waterkeeper Groups Call for an Overhaul of MDE E ate last year, Potomac Riverkeeper and P Your Voice is our Strongest Tool! Lothers sought major changes in the way E Maryland operates and enforces the Clean You can have an impact on our recent petition to R Water Act. clean up our local rivers and streams, as well as the Chesapeake Bay. As always, Potomac Riverkeeper S On December 7, the Waterkeepers Chesa- is working to protect all of us living in the Potomac River watershed, peake of Maryland (which includes Potomac but you can help our actions go further by telling your elected Riverkeeper) and the Waterkeeper Alliance officials that you support Potomac Riverkeeper. filed a petition asking the Environmental Pro- tection Agency (EPA) to strip Maryland of its Here’s what you need to know: authority to administer a pollution permitting 1. Maryland has not cleaned up our rivers and streams as program for dischargers in the state. promised 2. the Waterkeepers have appealed to the EPA to take control of We believe Maryland’s Department of the these responsibilities and clean up our rivers and streams Environment has systematically failed to ef- fectively administer and enforce the Clean Here’s what you can do: Water Act’s pollution permitting program, 1.