July, 1998
Table of Contents
Victory for Public Rights!
Citizens Can SueNow’s Your Chance to Comment on Superfund
EPA Proposes Superfund!Restoring the Fox River - Perspectives on PCBs, Public &Ecological Health
How Did The Fox River Score?
Fox River Debate Heats Up
Information Meeting - Update on the Lower Fox River & Green Bay
It’s Not Getting BetterWetland Attack Nationwide
Brown County #2 in State
Fox River Still #1 Toxic Receiver
Top 10 Counties
Worst Polluters in Northeast Wisconsin
Weaknesses in the Inventory
State Data Very Different
Toxic Release Inventory
Incineration Called a Benefit?
Local Info Available
Toxics Dumped in Wisconsin Rivers & Lakes
What You Can DoMany Thanks!
Major Donations for Clean WaterCoalition Demands DNR Stop Mine Permit Process
Good things sometimes happen on the way to other destinations. Even though our Minergy Case is far from over, we’ve won a landmark legal decision with a unanimous decision by the Wisconsin Supreme Court.
This sets a valuable precedent which can now be used statewide by citizens
on a variety of other
environmental issues.
Citizens Can Sue
As part of our legal case against the Minergy incinerator, we were
forced to go through appeals all the way to the Supreme Court just to prove
we have a right as private citizens to argue for protection of public rights
to natural resources.
This question of “legal standing” has plagued many Wisconsin citizens over the years who have fought for environmental protection.
In the past, it has always been argued that only DNR, the Dept. of Justice, the former Public Intervenor Office, and other state agencies have the right to protect the public.
Minergy and City of Neenah lawyers convinced our first judge in Winnebago Co. Circuit Court, to dismiss our case on the grounds we didn’t have legal standing. We appealed to the 2nd District Court of Appeals in Waukesha. They referred us to the Supreme Court. The court of appeals said the issue rested with whether state laws allow citizens to sue a private party whom they believe was “inadequately regulated by DNR.” The Supreme Court’s decision allows us to now finish our case.
Background
Under Wisconsin’s “Public Trust Doctrine,” (part of our state’s Constitution) the bottoms of all our lakes, rivers and streams are held in “public trust” for enjoyment of all Wisconsin citizens. This is the basis for many other laws. Among other things, it protects public access to waterways for boating, fishing, and other public recreation rights.
Occasionally, the state legislature will give a “lakebed grant” to fill part of waterbody, but with the requirement that the land created be used only for public purposes.
P.H. Glatfelter (then Bergstrom) got a lakebed grant in the 1950’s, promising the area would become a public park. But the City of Neenah signed a lease, and DNR signed a waiver, to allow Minergy to be built on this public park land.
This violates the Doctrine and sets a terrible precedent for other areas of the state. It’s important to oppose this violation as a matter of principle. We also want to stop the serious air pollution from the plant.
Now’s Your Chance to Comment on Superfund
Please write today!
Please take a few minutes to write a brief letter to the U.S. EPA and let them know how you feel about the proposal to list the Fox River as a Superfund clean-up site.
If you have any documented technical information which might affect how the river is “scored” be sure to send it with your letter. (Mail an original and 3 copies of tech. info.)
EPA and other Superfund documents will be available soon at Brown County and Appleton main libraries, and at the local U.S. Fish & Wildlife Service Office in Green Bay.
Mail to: Docket Coordinator: HQ
U.S. Environmental Protection Agency
CERCLA Docket Office, OS-245, Waterside Mall
401 M Street Southwest
Washington, DC 20460
The choice to propose the Fox River as a Superfund site was decided through a scoring process which is based on PCB levels in surface water, sediment and fish tissue. This scoring is known as the Hazard Ranking System (HRS).
The EPA uses this mathematical, objective model to compare contaminated sites. The HRS score is based on the quantity of the pollutant, the hazards posed by the pollutant as well as the number of targets exposed, such as people, fish and other targets.
Our Fox River scored 50. The EPA considers a score above 28.5 (out of a possible 100) eligible for listing as a Superfund site. Our score puts us in the top 25% of Superfund sites by score.
Manistique Harbor in Michigan also scored 50. Manistique is similar to the Fox River because it is also a source of PCBs in Lake Michigan. There are also fish advisories and concerns about contaminated fish as a food source.
Manistique is different, however, in that it was never even proposed to be a Superfund site because the potentially responsible party (PRP) responded adequately and is dealing with the contamination. Dredging is currently underway in Manistique Harbor and much of the video footage provided by the EPA of dredging is from this site.
The GE Housatonic site has a current score of 70.71. The Housatonic site is a proposed site like the Fox River and its score places it in the top 10-15% of Superfund sites by score. General Electric has effectively held up cleanup of this site for years.
The Hudson River PCB site in New York has an HRS score of 54.66 but was scored under the older version of the HRS scoring system and may not be comparable to these other sites. However, both the old and revised versions of the HRS were designed “to provide the best evaluation of relative risk” between those sites that require remedial action and those that do not. The Hudson River is a highly contaminated site.
In comparison to these other sites, the Fox River may not seem so bad. However, the score for the Fox River is simply a draft score.
According to Timothy Fields, Acting Assistant Administrator of the EPA, “...for the Fox River site, once the draft score was determined to be above 28.5, EPA Region V elected not to gather additional information to increase the score further above 50, believing the additional time needed would only delay cleanup activities.” (emphasis added).
It is important to understand that the actual level of contamination is likely greater than the EPA reports. Our score may well have climbed above 50 if the testing was allowed to proceed!
Fields, who made the decision to propose the Fox River to the National
Priorities List (NPL), admits that it was a difficult decision but believes
“that the best and most efficient way to ensure cleanup of the Fox River
is through proposal to the NPL.”
Fox River Debate Heats Up
In recent weeks, Clean Water members have been chasing all directions to respond to a flurry of local government resolutions against EPA and the Superfund clean-up of the Fox River.
Virtually every weeknight, a local village board, city council or county board has voted on the issue, usually based on one-sided industry information and no input from any of the federal agencies.
We’ve been very disappointed at the poor understanding of issues demonstrated by many of the local officials and their plain preference for the industry arguments.
In fact, several local governments were quite hostile to our comments. Outagamie County officials dismissed everyone who spoke who did not live in Outagamie County as “outsiders.” At one meeting, Rebecca Katers was verbally attacked by Lee Hammen,who serves on the Kimberly Village Board. He denied that duck-eating advisories exist and disputed the health effects of PCBs. Mr. Hammen runs the Thousand Islands Nature Center in Kaukauna, which just received over $300,000 from the pulp and paper industry for a fishing pier, observation deck, additional trail construction and maintenance and land acquisition. This donation was part of the $10 million secret settlement between DNR and the polluters. The industry reps. say PCB clean-up may not be as valuable as providing more waterfront access for boats and anglers.
All of the local councils and boards have voted against Superfund, with the exception of Brown County which had not voted at press time. The Executive Committee of the Brown County Board voted against the resolution opposing Superfund but the Planning, Development and Transportation Committee voted for the resolution.
Wrightstown is officially waiting for the outcome of the Brown County Board vote. The town of Grand Chute has indefinitely tabled the resolution against Superfund and Howard has taken no action as yet.
Information Meeting - Update on the Lower Fox River & Green Bay
Public Participation is Just Beginning ....
Speakers will present the following: Clean-up and Restoration
Project Overview, Status of the Remedial Investigation, Status of
the Superfund Listing and Updates on Other Activities
In addition, video footage of the dredging project at Manistique Harbor,
Michigan will be presented, as well as plans for upcoming public participation
opportunities.
Citizens can ask questions and make comments after the presentation.
Sponsored by the Fox River Intergovernmental Partners: Wisconsin
DNR, EPA, U.S. Fish & Wildlife Service, National Oceanic and Atmospheric
Administration, Menominee Nation and Oneida Nation.
For more information contact: Briana Bill, U.S. EPA, 800-621-8431
or 312-353-6646 ---
e-mail: bill.briana@epa.gov --- or Erika Kluetmeier, Wis. DNR, 608-266-2172
--- e-mail: kluete@dnr.state.wi.us
Tuesday, July 21 --- 6:30 p.m. - 9:00 p.m.
Lawrence University, Harper Hall, Music and Drama Center
420 East College Avenue, Appleton, Wisconsin
Restoring the Fox River
~~~~~~~~~~~~~~~~~~~~
Perspectives on PCBs, Public & Ecological Health
This is the program Gov. Thomspon’s DNR cancelled this spring --- and they still refuse to co-sponsor it.
These are the speakers Industry didn’t want you to hear this past spring:
Dr. Theo Colburn --- Toxicologist, Senior Scientist with World Wildlife
Fund, Author of “Our Stolen Future”
Dr. Chris De Rosa --- Director of Toxicology, U.S. Agency for Toxic
Substances and Disease Registry
Dr. Donald Tillitt -----Environmental Toxicologist, U.S. Geological
Survey
Dr. J. Milton Clark - -Health & Science Advisor for Superfund,
U.S. EPA, Region 5
plus an industry speaker, to be chosen by the Fox River Group.
Monday, July 27 --- 7:00 p.m.
Liberty Hall, 800 Eisenhower Drive, Kimberly, Wisconsin
East of the Intersection of Highway 441 and County Trunk Hwy CE
Co-sponsored by --- U.S. EPA, U.S. Fish & Wildlife Service, National
Oceanic &
Atmonspheric Administration, and the Oneida and Menominee Nations
We citizens still have a lot of work ahead if we want real reductions in toxic pollution. Please don’t assume that the DNR will take care of it --- when legislators and Congress are working overtime to relax or block health standards which guide DNR.
Large amounts of toxic chemicals are still being released in Wisconsin, according to a recent DNR report which summarizes Wisconsin statistics gathered by the EPA and DNR.
The “1996 Toxic Release Inventory,” TRI (which is always a few years behind) shows many continuing chemical discharges into our air, water and land.
The federal Superfund law requires certain facilities to submit an inventory form to the EPA each year. DNR requires identical forms to be submitted to the state, as well as additional information.
Statewide in 1996, 857 facilities filed forms with DNR for 578 specific
toxic chemicals and 28 categories of chemicals. About 139.5 million
pounds of toxic chemicals were reportedly released and transferred from
these facilities. Environmental releases
(direct toxic discharges to air, land or water)
comprised 21% of the total, or roughly 30 million pounds.
Air releases accounted for 26 million pounds of this total. Water
releases were 3.1 million pounds. Land releases were 460,000 pounds.
Off-site transfers accounted for nearly 76% (110 million lbs.) of the overall 1996 total. 4.1 million pounds of toxic chemicals were sent to Publicly Owned Treatment Works (sewage treatment plants).
Out of 72 counties in Wisconsin, Brown County released the second highest amounts of toxic pollutants, well ahead of even Milwaukee County.
In fact, Brown County released more than 10% of all toxic chemicals released in the entire state.
Once again, Fort Howard Corp. (now Fort James), a Green Bay paper recycler, qualifies as the 2nd highest individual polluter in Wisconsin.
Overall, the industrial category of Paper and Allied Products was far and away the largest source of toxic releases in Wisconsin --- nearly 14 million pounds. This represents more than four and a half times as much as any other type of industry in Wisconsin.
Fox River Still #1 Toxic Receiver
Though we tend to think of only the PCBs in the Fox River sediments, from past dumping --- the river is still the #1 dumping site for toxic polluters in Wisconsin.
The relatively short 39 miles of the Fox River get much more pollution than the longer Wisconsin River. In fact, Little Lake Butte des Morts (which is ranked #6 statewide by DNR) is actually just part of the Fox River. So the total for the Fox River is actually a whopping 1,494,851 pounds of toxic pollution, or 747 tons of toxics.
And this doesn’t include the millions of additional tons of conventional, non-toxic pollutants like phosphorus and solids which are dumped each year in the river.
(Pounds of toxics released in 1996)
#1 Wood 5,419,194
#2 Brown 3,108,192
#3 Milwaukee
2,486,602
#4 Dane 1,551,578
#5 Marathon
1,421,971
#6 Winnebago 1,328,424
#7 Portage 1,148,969
#8 Rock 1,064,069
#9 Outagamie
1,049,778
#10 Jefferson
886,511
(Number at left is statewide ranking)
Worst Polluters in Northeast Wisconsin
(Pounds of toxics released in 1996)
#2 Fort James Corp. 2,564,125
(Brown Co.)
#6 Rhinelander Paper
640,145
(Oneida Co.)
#10 American National Can 503,301
(Winnebago Co.)
#14 Ore-Ida Foods, Inc 453,943
(Portage Co.)
#15 Wausau Papers 452,146
(Marathon Co.)
#23 Mercury Marine 299,294
(Fond du Lac Co.)
#25 Gerry Wood Products 262,468
(Oconto Co.)
(Number at left is statewide ranking)
The congressional Office of Technology Assessment estimates that TRI
reporting represents only 5% of
all releases of TRI listed chemicals in the U.S.
Thus the statistics have only limited usefulness, and must be checked against
other data sources.
Other weaknesses include:
1. Based on Trust --- Industries are self-reporting on the “honor system,” which means they could submit false information with little likelihood that the DNR or EPA would have time to verify the data. (This is not a trivial concern.)
2. Few Chemicals Reported and Only Large Quantities --- The requirements limit reporting to only 578 chemicals used in quantities of over 10,000 pounds annually. But the reality is that more than 75,000 chemicals are in regular use, and some of the most serious toxins (like mercury, PCBs, and dioxin) are so potent they would never be released at such high rates --- they pose a concern if released in only a few pounds per year, because they are persistent and accumulate in our food.
3. Many Exemptions --- Many pollution sources are exempt from reporting --- including most small facilities, agricultural and painting operations, dry cleaners, and other businesses and services. Vehicle emissions and household releases are also not estimated, though data exists on these sources. (Mining, utilities and chemical processors will have to begin reporting for the 1998 reporting year.)
4. 30% Non-compliance --- The compliance rate for reporting seems to be only about 70% based on facility inspections to date. Wisconsin and EPA have not enforced reporting requirements, though they know of the violations.
5. Revisions at Any Time ---Revisions to previously filed information can be submitted by industries any time. These sometimes involve significant changes from a facility’s previous data. This makes it hard to study pollution trends over time.
6. Reporting Changes --- Some chemicals have been dropped from reporting requirements, and others have been added, which skews the trends analysis. Some industries have switched to chemicals which require no reporting, but this doesn’t necessarily mean that the new chemicals are safe.
7. Not Linked to Health --- A report like this would be especially
useful if laid next to maps showing specific health concerns which might
be related to the pollution.
Imagine a map which showed all the asthma cases, cancers, Alzheimers,
birth defects, etc. --- unfortunately, our state lacks a detailed reporting
and data analysis program to provide reliable health statistics which citizens
or regulators can use to show correlations.
As an illustration of how seriously understated the TRI statistics are, a few years ago the DNR included two charts in the report which compare the numbers DNR collects for its air and water programs.
DNR has a summary of chemical releases, collected from discharge monitoring reports submitted by those holding water pollution permits. This showed that for 72 chemicals, Wisconsin water discharges totaled 16,537,450,670 pounds. The TRI data showed only 657,930 pounds.
In addition, DNR’s own air emissions inventory showed much higher numbers. For 222 chemicals, the state showed 90,534,100 pounds of air pollutants per year, while the TRI showed only 33,361,873 pounds.
The DNR also collects detailed information about hazardous waste generators, transporters, recyclers, and facilities that transfer, store, or dispose of hazardous waste.
The DNR created an Integrated Toxics Reporting System in 1993, but the state’s information was not included in this 1996 TRI report.
We have repeatedly asked for more comprehensive DNR reports, but instead
the Governor’s budget cuts have reduced the DNR’s TRI office down to just
one staff person to coordinate the TRI program.
Toxic Release Inventory
Total Total sent
Releases to Public
to Air, Land Sewage
Surface Plants
Waters & Off-site
County Transfers
Brown
3,108,192 701,623
Calumet 90,696 590,211
Door 40,648
57,529
Florence
0 0
Fond du Lac 310,742
4,426,384
Forest
0 0
Green Lake
63,200 101,710
Kewaunee
166,786 7,650
Langlade
34,637 1,515
Manitowoc 165,390
3,080,402
Marathon 1,421,971
597,999
Marinette
381,290 2,126,403
Menominee
0 0
Oconto
413,315 13,825
Outagamie 1,049,778
977,451
Portage
1,148,969 77,629
Shawano
6,072 2,775
Sheboygan 520,756
3,320,283
Waupaca
110,015 3,085,152
Waushara
70,582 162,744
Winnebago 1,328,424 2,278,131
Total for 10,431,463
21,609,416
N.E. Wis.
Incineration Called a Benefit?
The DNR displays a disturbing bias in favor of the incineration of toxic chemicals in Wisconsin.
One category of “Off-site Transfer” is “energy recovery,” where a total of 37 million pounds of toxics were burned in 1996.
This burning frequently results in significant air pollution, and the creation of serious amounts of new toxics like dioxins and furans. High temperature burning does not destroy all dioxins. The dioxins form as the gases cool down and leave the smokestacks.
Dioxins and furans are accumulating in our food supply because of this kind of burning.
If you’d like to receive a list and map of your county’s specific toxic
pollution sources, give us a call at 920-437-7304 and we’ll mail them
to you.
Toxics Dumped in Wisconsin Rivers &
Lakes
Rank & Waterbody Pounds
1 Fox River (North) 1,484,810
2 Wisconsin River
1,167,144
3 Kinnickinnic River 370,750
4 Flambeau River 20,798
5 Kankapot Creek 19,600
6 Little Lake Butte des Morts 10,041
7 Menomonee River
7,408
8 Menominee River
3,722
9 Waupaca River
1,765
10 Lake Michigan
1,573
11 Oconto River 1,400
12 Newton Creek 1,242
13 Rock River
1,072
14 Root River
1,030
15 Spring Creek 765
16 Oak Creek 755
17 Milwaukee River 307
18 Chequamegon Bay 255
19 Elk Lake 255
20 Fox River (South) 255
21 Wolf River 250
22 Chippewa River 52
23 Otter Creek 47
24 Lincoln Creek 31
25 Beaver Creek 25
26 Dutchman’s Creek 20
27 Honey Creek 15
28 Triple Creek 15
29 Hemlock Creek 10
30 Sheboygan River 10
31 Burnham Canal 5
32 Koshkonong Creek 5
33 Pike River 5
34 Quaas Creek 5
35 Yahara River 5
36 Halfway Creek 1
Total 3,095,448
The Clinton Administration had promised to replace a destructive wetland rule (a carryover from the Bush Administration) with a new, more protective rule. Instead, the new rule announced July 1st allows even worse wetland destruction.
Background
A big part of wetlands destruction in this country comes from a single
source: the so-called “nation-wide
permits” (NWPs) which are issued by the U.S. Army Corps of Engineers
for the dredging or filling of wetlands.
NWPs give approval for broad categories of wetland destruction.
For example, one nationwide permit might be granted for any wetland
destruction required anywhere
in the U.S. resulting from extending driveways through wetlands to
reach new houses.
These permits are quick and easy, and the Corps issues them to virtually everyone who applies. The agency admits that in 1995 alone, these rubber stamp permits authorized more than 130,000 development activities.
No Public Input Allowed
Though specific local permits issued as NWPs may be very inappropriate and unpopular, the Corps approves these permits with no public input, no advanced warning, and no accountability to the public.
Neighbors learn about these permits when the bulldozers arrive and begin obliterating the wetlands.
Permit #26
The most notorious NWP is called Nation-wide Permit #26, which allowed destruction of “headwater” wetlands, located away from large river systems or bays.
These isolated wetlands are sometimes the most precious in terms of benefits and values.
Last year, the Clinton Administration promised to phase out Permit #26.
From Bad to Worse
The new rule proposed to take the place of Permit #26 will actually be more damaging than the original. Now, for example, the new permit sanctions destruction of more than just “isolated or headwater” wetlands. All “non-tidal” wetlands would be fair game, including wetlands that surround our rivers, lakes and streams.
The new proposed “replacement permits” would allow golf courses, mini-malls, and roads to be built on all types of wetlands, along streams and beside lakes. Under the new proposal, developers would be allowed to construct strip malls and office parks up to 10 acres in size as long as they say their construction is “master planned.” Road-builders would have the go-ahead to pave up to three acres of wetlands --- and all of these activities can go forward with no public notice.
Empty Promises
The Clinton Administration has made a public commitment to add 100,000 acres of wetlands to America’s landscape by the year 2005 in the Clean Water Action Plan.
However, the new easy wetlands destruction permit program will make it nearly impossible to fulfill their commitment.
Write to :
Army Corps of Engineers
HWUSAC E, CECW-OR
Washington, DC 20314-1000
Write to your elected representatives and tell them what you think about
this new wetland rule:
The Honorable Al Gore
Vice President of the United States
The White House
1600 Pennsylvania Ave., NW
Washington, DC 20500
Senator Russ Feingold
U.S. Senate
Washington, D.C. 20510
Senator Herb Kohl
U.S. Senate
Washington, D.C. 20510
Congressman Jay Johnson or
Thomas Petri
House of Representatives
Washington, D.C. 20515
The last 2 months have been crazy and full of public hearings, meetings, media interviews, action alerts, mailings, phone calls, and newsletters. It’s far too much to describe in this newsletter, but we want to express special thanks to several people who have made this work bearable:
Sarah Welch --- Sarah has been working for us full-time as an unpaid student intern since the middle of May. She’s provided a mountain of valuable work on a variety of tasks. Now, she’s also working for us in our door-to-door outreach program.
Kristin Kubsch --- Kristin has been working for us 2 full days each week as an unpaid student intern since June. She has also provided valuable help in the office and attended several meetings for Clean Water.
Chad Pichler --- Chad has been our Door to Door Organizing Director for the past 6 months, helping to build and stabilize this effort. He has recently moved on to new work in Milwaukee, to be close to family and friends --- but we appreciate the results he achieved for us.
Kyle Strauss --- Kyle, a former intern for Clean Water and a door-to-door staff person since last June, is now our new Organizing Director. He recently graduated from UW-Green Bay with a degress in Environmental Planning, and he will be working for us full-time.
Many Volunteers --- Several members of Clean Water have donated huge
amounts of time to help with office work, member renewals, and activities,
like the public hearing on the Great Lakes Water Quality Agreement, and
attending and recording numerous local government meetings for discussions
of Superfund: Just of few honorable mentions:
Bernice & Cliff Katers, Curt & Linda Andersen, Ann &
Jerry Miller, Kim Bowker, Jason Ison, Tom Kees, Caryn Goron, Tom &
Barb Sydow, Charlotte Arendt, Walter Chrapla, Bill Dunwiddie, John Hermanson,
Bob Schmitz, and many, many more.
All together these staff members have completed more activities than
ever possible before. It’s been a major boost and we really
appreciate the help!
Major Donations for Clean Water
We’ve been unusually fortunate this year to receive substantial financial help from several recent donors:
Arthur & Barbara Kaftan We’ve just benefited from a large contribution from these two longtime environmental leaders, who have worked many decades to clean the Fox River -- long before the environmental movement became popular.
Their financial help will greatly strengthen Clean Water’s continuing work on Fox River issues.
We’ve been very saddened to learn that Barbara Kaftan passed away just as the donation was received. We want to express our condolences for Art Kaftan and his loss, and our sincere gratitude for Art and Barbara’s generosity in protecting water quality.
George Nau Burridge --- We have also received a large contribution from the Nau Foundation to help with our Clean Water work. Mr. Burridge has been active for years on conservation issues, sailing on the Great Lakes, and researching and writing on the history of the Fox River and Locks system. We very much appreciate his leadership and help.
Wisconsin Community Fund This small Wisconsin foundation has given us life-saving support with small grants several times over the past 12 years. Without them, we wouldn’t exist. They’ve helped us again this year with a grant to help us continue our door-to-door outreach effort.
Phish --- This popular rock & roll band contacted us last month and have now chosen Clean Water to be the beneficiary of their fundraising concert at Alpine Valley on August 1. Phish has created its own Waterwheel Foundation which sells T-shirts, posters, and other gifts, which the band then donates to the local environmental group of their choice. Phish does this all around the country.
The band is very popular, especially with young people, and has a strong environmental message in many of its lyrics. The group has been compared with the Grateful Dead, and has a similar loyal following. They’ve invited us to hang Clean Water banners, and to distribute literature at the event, so our staff are looking forward to having fun at this concert!
John & Ann Gillen --- We want to acknowledge the major donations
which John and Ann have made over the past 2 years to allow legal actions
against the Minergy Incinerator in Neenah. They have
provided over $40,000 to cover the huge legal expenses of this case, which
is described on page 1. It’s largely through the leadership and generosity
of the Gillens, that a major legal precedent has been set.
In addition, more than 60 citizens and groups have donated significant
dollars to this case as well. Congratulations
to everyone involved in the recent victory!
Coalition Demands DNR Stop Mine Permit Process
“Enforce the Mine Moratorium
It’s the Law”
Gov. Thompson finally signed the Mining Moratorium into law this spring (giving himself big media coverage on Earthday) when he realized how popular the law was. But prior to this, he had opposed the bill for years.
So it’s not surprising, that Thompson’s DNR is now ignoring the Moratorium, and proceeding with the old Exxon Mine permit (now called Nicolet Minerals) as if nothing has changed.
Conservation groups and legislators have called on DNR to immediately discontinue all action on the pending application by the Nicolet Mineral Company to open a large sulfide ore mine near the Wolf River. In a letter to DNR Secretary George Meyer, the groups and legislators wrote, “All department processing of the application (to mine) must cease “until the mining company meets the requirements of the new Mining Moratorium Law.
The letter was released at simultaneous press conferences held at the State Capitol in Madison and Green Bay, Wausau, and Eau Claire.
Clean Water Action Council participated in the Green Bay event.
The letter was signed by dozens of conservation, Native American, environmental, hunting, fishing, senior citizen, and student groups --- most of whom formed a grass roots coalition that pushed for passage of the Mining Moratorium Law. The letter was also signed by several legislative co-sponsors of the new law.
“The citizens of Wisconsin spoke loud and clear that we want a Mining Moratorium. The new law prohibits mining until it can be proven safe. It is the law of the land, and must be obeyed,” said Rep. Spencer Black, Assembly author of the Moratorium Law.
Background on Issue
The law prohibits any new sulfide ore mines like the proposed Wolf River Mine (Nicolet Minerals) near Crandon until another sulfide mine has been operated and closed for at least 10 years without causing environmental pollution. Rio Algom, the company which now owns the proposed mine site, has not met the new law’s requirements.
The coalition argues that until such information is submitted, Rio Algom’s
application is incomplete and all DNR processing of the application must
cease. Otherwise, a great deal of time and money would
be wasted while DNR staff work on a permit which isn’t legal.
|
|
|
|
|