Table of Contents 
 
Victory! 

Mining Moratorium Passes Legislature 
Fake Supporters

Different Name Will Confuse Public

Chamber’s Claims -- Our Response

Student Network Forms 

Septic Rules Threaten Water & Land 

Comm 83 

1. Sets Weaker Standards  
2. Experimental Treatments 
3.  Accelerates Urban Sprawl 

Increased Local Property Taxes 
Broad Economic Impacts 
What You Can Do

Barbara Lawton Keynote Speaker 
Nominations for 1998 Officers and Directors 

Legal Action Against Former Employee 

Election Reform Means Environmental Protection 

Mining Moratorium Passes Legislature 

It was a cliffhanger, with close amendment votes, but  Wisconsin legislators were finally convinced to pass the Sulfide Mining Moratorium Bill largely intact. 

This victory shows that citizens can prevail against well-funded powerful corporations if they work hard to express their opinions on issues --- especially when a broad coalition of different interest groups (outdoor sportsmen, tribes, environmentalists, labor leaders, politicians, tourism businesses, fishermen, local governments) work together to build public awareness. 

When the final votes were taken the majority of legislators jumped on board and passed the bill overwhelmingly. 
 
The Governor may sign the bill any day now. Most observers say it’s unlikely he would veto the bill because of the strong legislative votes and broad popular support. 

Fake Supporters  
 
One disturbing aspect of the Legislature’s action is the deceptive claim by many Republican legislators that they voted to “strengthen” the Moratorium. 

The truth is that, in the first round, the Assembly Republicans gutted the Moratorium by attaching an amendment saying an example mine would be considered environmentally acceptable if it hadn’t been prosecuted and penalized for violating an environmental law. 

The original bill was much stronger. It would have prohibited mining in a sulfide ore body until a similar mine had operated elsewhere for at least 10 years without significant environmental damage. It didn’t require that laws be broken to prove damage. 
 
As we all know, many states have weak mining regulations and even weaker enforcement of their laws. And in the past there were no laws at all. With this amendment, Exxon and Rio Algom could have found only one old mine which had not been prosecuted for environmental damages, in order to bypass the moratorium and build their Crandon Mine in Wisconsin. 

Despite strong public support for the Sulfide Mining Moratorium, the Wisconsin State Assembly amended the bill before passing it on January 23rd, and essentially gutted the bill. 

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Exxon Sells Out But Retains Rights to Future Profits  

In a surprise move, obviously calculated to confuse the issue, Exxon announced the day after the Assembly vote that they sold their half of the Crandon Mine to partner Rio Algom for only $17.5 million. 
 
Many conservationists and environmentalists are suspicious, because the mineral values at the Crandon Mine have been estimated at $4 billion. 

Rio Algom has admitted Exxon will be paid an additional $5 million if the mine begins operation, and will receive 2.5% of future royalties if the mine makes a profit. 
 
Rep. Spencer Black has called on Rio Algom to fully disclose all details of the Exxon sale. 

It seems the sale is more of a public relations tactic than a true divestiture.   Exxon clearly retains a major stake in the outcome. 

Different Name Will Confuse Public 

With Exxon taking a backseat, Rio Algom can now avoid the negative images linked to Exxon’s well-known name. They’ve also changed their subsidiary Crandon Mining’s name to “Nicolet Minerals Co.” which will further confuse the public. 

Nicolet Minerals spokespeople now claim “This is a new day in the project, with a new vision and a new company.” 
 
Unfortunately, the truth is that Rio Algom mining operations have produced environmental disasters every bit as serious as Exxon’s --- they just aren’t as well-known. 
 
And the shift in ownership can’t change the basic environmental drawbacks posed by the project. 

If this mine were relabelled “Disney World” and operated by the Norbertine Sisters, it would still deserve public scrutiny. 

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Chamber of Commerce Lobbies to Block Fox River Clean-up 

As usual, the Chamber of Commerce is defending Fox River polluters and trying to block Superfund designation for cleaning up the river. 
 
The Fox Cities Chamber of Commerce and Industry has issued a lengthy press release, organized press conferences, and is heavily lobbying local, state and federal officials with mailings and other means --- trying to create public fear about government clean-up methods. 
 
This is obviously part of a coordinated public relations campaign by the polluters. 
 
The Chamber’s involvement isn’t surprising, because they’ve been part of the problem here for decades.   Their kind of leadership is the reason the Fox River, Bay and Lake Michigan is so polluted now. 
 
The Chamber has been part of the “Citizen Advisory Committee” for the Fox River and Green Bay Remedial Action Plan, which started by DNR 12 years ago --- where they have been offensive and obstructive. 
 
The Chamber has also been part of the “Fox River Coalition” created by the DNR --- which has blocked progress and misled the public for the past 5 years. At least they’re consistent. 

Just Like New York 

The tactics the Chamber and industry are using are virtually identical to the delaying tactics used by General Electric to block the PCB clean-up on the Hudson River in New York.  GE has said for years that it’s safer to just leave the PCBs in the river, and allow new clean sediment to cover the PCBs. 
 
But the reality on the Hudson, just like the Fox River, is that the PCBs don’t stay buried. 
 

Chamber’s Claims	Our Response
1.  The Chamber supports efforts that preserve the long term quality of the Fox River and our quality of life.	1.  The Chamber has opposed environmental regulations for years, despite the need to protect public health and wildlife. They usually side with polluters.
2.  Superfund designation for the Fox River at this point is premature.	2.   Official clean-up plans have been discussed more than 12 years.
3,  Companies along the river have shown good faith to work with the DNR to resolve this issue. They should be given that opportunity.	3.   The polluters have dominated the official clean-up committees for 12 years.  They’ve proven the “voluntary cooperative approach” doesn’t work. They still argue the PCBs shouldn’t be touched.
4.  Companies have demonstrated a commitment to responsible stewardship of the Fox River.	4.  The polluters fought tooth and nail to block the Clean Water Act, Clean Air Act, and other legislation needed to protect public health. They generally do only what the law requires them to do.
5.  By 1971 the use of PCB’s in carbonless paper was discontinued. (They imply that PCB discharges stopped then.)	5.  Significant PCB discharges by paper recycling companies continued up to about 1991, and Granulation Technologies, in Green Bay, still releases up to 10 lbs. of PCBs to the air each year.
6.  About 40 tons of PCBs remain in the river sediments, of the original 125 tons.	6.   Experts estimate that 80 to 90 tons of the PCBs are still in the river.  We can still catch the majority of the pollution before it gets to the Bay.
7.  Most of the PCBs are buried in the sediments. (They imply this is a safe condition.)	7.   Unsafe levels of PCBs are exposed on the surface of river muds, getting into the fish and ducks, and flowing downstream. If a 100 year storm comes along, the buried PCBs will be kicked up. A huge dose of PCBs will poison the Bay and Lake Michigan.  We must remove the PCB hotspots before this catastrophe happens.
8.  The companies showed good faith by providing $10 million for further studies and one demonstration project.	8.   The $10 million represents less than 1% of the total estimated clean up cost. It’s a drop in the bucket. Why didn’t they provide this money 12 years ago when it was needed for the Remedial Action Plan? We also have serious concerns about the methods proposed for the demonstration.
9.  Some, including many environmentalists, question whether dredging sediments and disturbing PCB deposits won’t do as much harm as good.	9.  Most environmentalists who have studied this issue believe we must get the hotspots out of the river. We have concerns about the dredging methods and the final treatment and disposal methods, but the Chamber is clearly misrepresenting our concerns.
10.  Do current PCB levels in river sediments pose a serious threat to human health or the environment? It is uncertain whether present  levels of contamination pose any serious threat.	10.  After all these years and the hundreds of studies confirming the dangers of PCBs, how can the Chamber dare to show such complete disregard for public health? They’re ignoring all the fishermen thrown out of work, the deformed frogs, birds, mammals and other sick wildlife in the river and bay. They’re perpetuating ignorance and denying the human cancer risks and serious threats to our children’s sexual development, intelligence and behanior.
11.  Superfund designation will result in a protracted legal battle.	11.   This is what they told us 12 years ago. If we had started then, we could be farther along now, but the Chamber pushed the “cooperative approach.” Also, litigation won’t delay the clean-up. Superfund provides clean-up money right away, while the legal battles rage.
12.  Once EPA assigns blame and responsibility all cooperative efforts will be halted.	12.  What cooperative efforts? After 12 years, we’ve seen no progress. And why shouldn’t our government agencies identify the polluters? The polluters are not victims.
13.  If the paper companies are held responsible for paying for clean-up activities, it could have catastrophic consequences for those companies, their employees, and the communities where they are located.	13.  A typical Chamber scare tactic --- blackmail the workers. The reality is that 7 major corporations and 5 major sewage plants have enormous assets they can use for this clean-up. The costs will also be spread over many years.  Remember:  Fort Howard took it’s profits out of Wisconsin to build a new mill in China for a billion dollars. That money should have been spent here to clean up Fort Howard’s mess and protect the community and workers who built that company.
14.  Everyone in N.E. Wisconsin will be affected by this issue.	14.  Everyone around Lake Michigan is affected by Fox River PCBs.

 
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Minergy Update  

Our appearance before the Wisconsin Supreme Court in early January went very well.   Now, we may have to wait another 6 months for the decision. If we succeed, we will be allowed to argue the issues before a lower court. 
 
We’re fighting to protect public rights to defend the Public Trust Doctrine --- the section of our state Constitution which holds all rivers and lakes in Wisconin “in trust” for the public and future generations. 
 
The Doctrine is threatened by the construction of a private sludge incinerator on “public trust land” which was created by filling part of Little Lake Butte des Mort. Such lands are supposed to be reserved for public uses only, and this particular land was supposed to become a public park on the waterfront. 
 
Many thanks to all of you who sent generous donations to help with the legal expenses. We’ve been surprised and gratified by the outpouring of support! We still need more funds, but we’ve had a good start. 

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Student Network Forms 

We recently attended a great new beginning for local students. 
 
On January 21, the first meeting of the Highschool Environmental Network was held at the Bay Beach Wildlife Sanctuary in Green Bay. 
 
Attending were several leaders of environmental clubs from nine different highschools in the Green Bay area. 
 
The meeting included some ice-breaker activities and several speakers on important local environmental topics. Clean Water Action Council gave a presentation on the Fox River Clean-up. 
 
A Steering Committee was formed to develop a structure for the Network, and we’ve invited them to use our new office for their bi-weekly meetings. Should be fun! 
 
For more info., call Adam Baldwin, Green Bay West High School, home phone (920)498-2915. 

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Septic Rules Threaten Water & Land 

A simple statewide rule change is about to alter Wisconsin’s landscape dramatically and threaten underground drinking water supplies by opening 8.8 million acres of Wisconsin land to development which wasn’t possible before. 

This 8.8 million acres is equal to 25% of the state’s land. 
 
Comm 83 

The rule is called “Comm 83” (because it is proposed by the Wis. Department of Commerce). 
 
It will allow a wide variety of new septic system technologies to be used for scattered homes and businesses on lands which previously couldn’t be developed because of poor soil conditions. 
 
These are lands with high water tables, wetlands, thin soil, and vulnerable water supplies --- where soil tests show that the land “doesn’t perc” enough to allow proper filtration of wastewater before coming in contact with underground drinking water supplies or lakes and streams. 
 
Up to now, these soil conditions have protected many beautiful parts of Wisconsin from urban sprawl. 

But the powerful lobbying interests of realtors and homebuilders have combined to push for rules which: 

1. Sets Weaker Standards 

The rule weakens the water quality health standards for underground drinking water supplies which millions of Wisconsin residents rely on. 
 
The rule would exempt new systems from meeting water quality standards for nitrates, chlorides and total dissolved solids, threatening the health of any nearby water users. Unfortunately, these are the chemicals most likely to cause water problems from human and household sewage. 
 
For example, nitrates are serious toxins if found in drinking water --- especially dangerous to unborn children. Nitrates cause “blue baby” syndrome, where unborn children or newborns are oxygen-starved, brain-damaged, and sometimes die. 
 
Further, the rule would allow private septic systems to discharge their wastes onto the land or to “confined” surface water bodies. 
 
These are government water quality decisions at their worst. 

2. Experimental Treatments 

The rule allows risky new septic treatment technologies which have never been tested in Wisconsin’s field conditions. The proposed technologies are more complex to maintain and operate, and will be far more difficult to administer and supervise at the local level than currently used technologies. The likelihood of groundwater contamination would be greatly increased. 

3.  Accelerates Urban Sprawl  

Green spaces throughout Wisconsin will be opened for the first time to development with scattered housing subdivisions, vacation homes,and ugly commercial developments. 
 
The unique character of rural Wisconsin will be lost, with serious economic impacts on our valuable farming and tourism industries. 
 
Forests and open spaces will be so fragmented that hunting, fishing, birdwatching, hiking and other outdoor pursuits will be severely restricted.  In recent years we’ve already seen leapfrogging growth in rural and northwood areas. This rule will turn the development pressure into a  roaring stampede. Once the floodgates are open, local governments will be unable to stop undesirable growth without new strict zoning laws, which are difficult to pass. 
 
Up until now, soil conditions have been an accepted natural land use control --- but Comm 83 removes that control. 

Increased Local Property Taxes 

The DNR estimates there are already 600,000 private septic systems operating in the state. Under the new rules many more would be installed. 
 
The state has not provided any additional funds to local counties for the monitoring and enforcement of the new experimental systems allowed by the proposed new rules. Essentially, the rules are an expensive unfunded mandate on local government and local property taxpayers. 

Worse yet, local county code administrators believe that under the proposed rules they will not be able to ensure the protection of our water supplies. 
 
They believe widespread use of the new systems would result in a higher risk of system failure a nd water contamination from bad operation or maintenance. 

Broad Economic Impacts  

Rule enforcement isn’t the only hidden cost. The economic impacts of the resulting urban sprawl are also substantial. 
 
By allowing scattered growth patterns, local governments (and taxpayers) will be bankrupted trying to extend city services over wide areas.  (Fire, police, schools, medical, electrical, water, etc.) Highway congestion, construction and maintenance costs will increase, as more people drive farther for work, school, shopping, recreation, and daily needs. 

What You Can Do 

Write to your elected state officials and tell them what you think about the proposed septic rule “Comm 83.” 

State Senator 
P.O. Box 7882 
Madison, WI  53707 
 
State Rep.    (Last Name, A thru L) 
P.O. Box 8952 
Madison, WI  53708 

State Rep.    (Last Name, Mc thru Z) 
P.O. Box 8953 
Madison, WI  53708 

(If you don’t know who your elected state representatives are, call the Legislative Hotline 1-800-362-9472  on weekdays.) 

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Clean Water Action Council Annual Banquet  

Friday, February 20 
Please Register Today! 

Barbara Lawton Keynote Speaker  

Nominations for 1998 Officers and Directors 

We will be holding our elections at the Annual Banquet, and we have a number of good people willing to lead us this year. The slate of candidates: 

        President - Curt Andersen 
        Vice President - Kim Bowker 
        Treasurer - John Hermanson 
        Secretary - Tom Sydow 

        Board Members: 
        Stephen Abitz 
        Carrie Blair 
        Kim Bowker 
        Dale Druckrey 
        Ted Gebhard 
        Matt Greget 
        William Hurrle 
        Thomas Kees 
        Gerald Lemerond 
        Alice McCombs 
        George Rock 
        Robert Schmitz 
        Kyle Strauss 
        Thomas Sydow 

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New Address & Phone! 

        Clean Water Action Council 
        East Port Center 
        1270 Main St., Suite 120 
        Green Bay, WI 54302 
 
        Phone:  920-437-7304 
        Fax:  920-437-7326 

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Legal Action Against Former Employee 

The past months have been painful, as we’ve tried to overcome a serious problem with our Organizing Director, Jack Young. 

Our door-to-door organizing effort has been very successful, raising funds and bringing 2,300 new regular members and 8,000 smaller contributors into our gruop. We’ve also distributed thousands of factsheets and newsletters throughout Northeast Wisconsin. It’s been exciting. 
 
Unfortunately, we’ve uncovered financial mismanagement and our efforts to correct the problems resulted in Jack’s abrupt resignation early in January. 
 
Worse yet, before he quit he took our organizing crew out to canvass for a new organization he created, using copied versions of our factsheets and our speaking script on Fox River Clean-up. He tried to convert our entire crew for his personal use. 
 
Many of our crew immediately returned to us once they understood the situation 
 
Jack has continued to operate and build a new crew which is visiting communities on the same schedule we planned, making it impossible for our crew to keep its schedule on key issues. When residents are annoyed with frequent visits, we can’t be effective. 
 
We’ve been forced to prosecute Jack for his actions, to protect ourselves, protect the public, and recover costs. 
 
It’s frustrating that a small non-profit group doing good work with volunteer staff would be victimized by this kind of opportunist. 

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Election Reform Means Environmental Protection 

Environmental laws are written by politicians, who are currently vulnerable to pressure from polluting corporations, land developers, highway builders, and other powerful anti-environmental interests who fund their elections. 
 
Therefore, our environmental hopes are directly tied to efforts to reform campaign financing. 
 
It’s well-known that the majority of the public wants clean air, clean water, and strong environmental laws, but the politicians no longer answer to the public. They answer to their campaign donors. 
 
Statewide, several groups are working to change this. One group is Wisconsin’s Citizen Action, which is publicizing the “Clean Money, Clean Elections Bill” which would bring full public financing to Wisconsin’s elections, similar to a new law passed in Maine. 
 
A preliminary draft of this bill has been circulated among 25 statewide organizations, who have endorsed the concept and helped add improvements to the bill. It is expected to be introduced sometime this spring, 
 
Campaign finance scandals dominated the headlines over the past year. At the federal level, we saw outrages committed by both parties:  Gingrich’s funneling of funds from charities to GOPAC, Clinton using the Lincoln Bedroom to reward donors, and on and on. 
 
Meanwhile, Wisconsin --- despite its reputation for clean government --- witnessed a rising tide of big money coloring state policy.  The links between private-interest contributions and private-interest favors by state government have become tighter and more unsavory: 

•  A state board OKs a deal saving $2 million for a Green Bay businessman, one day after his $10,000 donation to Gov. Thompson. 

•  Just 2/10 of 1% of voters provided 40% of funding for 1996 Wisconsin Legislature elections.  Is it just a coincidence that state and local taxes for those earning above $262,000 are 6.4%, compared to  12.9% for those earning under $43,000? 

•  James Klauser received $151,500 in payments from private interests like Exxon, Philip Morris, and Ameritech while serving as governor’s top aide. 

Progress 

Some steps in the right direction: 

•  The Assembly voted 98-0 for electronic filing and disclosure, which makes donation records accessible. 

•  A strong coalition of groups have formed to work together for campaign reform. 

(From information provided by Wisconsin Citizen Action) 
 

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