June, 1998 Table of Contents
Key findings of the reportPublic Hearing on the Great Lakes Water Quality between Canada and the U.S. What is the Great Lakes Water Quality Agreement?Great Lakes United 16th Annual Meeting Fort James --- Air Pollution Permit Important Public HearingVictory and Beyond -- a benefit for Wisconsin Stewardship Network Minergy Incinerator --- NeenahIndustry Tries to Hotwire Permits Key issuesChildren at Risk Conference
Anti-Superfund Corporations Gave $96 Million To Candidates Companies seeking to dismantle Superfund, the nation’s toxic waste clean-up
law, gave $96 million to congressional candidates between 1991 and 1997,
according to a report released today by the Public Interest Research Group,
a national citizen organization.
• Congress members who co-sponsored the bill (HR 3000) to dismantle Superfund received an average of “$140,305 from anti-Superfund PACs, more than 3 times the $45,319 average received by co-sponsors of the pro-Superfund bill (HR 3262). • In Wisconsin, where there are 40 Superfund sites, Rep. Scott Klug (a Republican representing south-central Wisconsin) was the top recipient, with $209,876 --- and he co-sponsored the anti-Superfund bill. • Rep. Thomas Barrett (a Democrat representing the Milwaukee area) co-sponsored the pro-Superfund bill and received only $34,683 from the polluter PACs. (None of the other 7 Wisconsin Congress members sponsored Superfund bills pro or con.) • Two Wisconsin Congress members serve on subcommittee of the House Transportation Committee, which voted recently on another anti-Superfund bill (HR 2727). Rep. Thomas Petri, (a Republican representing the Fox Valley and central Lake Michigan shoreline) voted against Superfund, and received $138,369 from the polluter PACs. Rep. Jay Johnson (a Democrat representing Northeast Wisconsin) voted for Superfund, and received only $4,250. • The average Congress member who voted anti-Superfund received $107,518 from anti-Superfund PACs, compared with an average of only $39,485 received by Congress members who voted in favor of Superfund toxic waste clean-ups. • It’s getting worse. In the House, contributions from the anti-Superfund PACs to congressional candidates have more than doubled over the last few years. The 1992 election cycle yielded roughly $8.7 million for House candidates, whle the 1996 cycle topped $18.7 million. Off-year election contributions also show an alarming increase, from $2.8 millioin in 1991 to $7.5 million in 1997. • In the Senate, members of the Envi-ronment Committee who voted for another anti-Superfund bill, S.8, received an average of $302,054 from polluter PACs, compared to an average of $165,930 received by Committee members voting against the bill. In addition to their contributions through PACs, many corporate polluters also give many additional milliions in soft money, through conduit organizations like the Wisconsin Manufacturers and Commerce, and through a multitude of large individual contributions from the top officers, managers and board members of the polluting corporations, their law firms and their insurance companies. The insurance industry donates millions to weaken Superfund, because they don’t want the liability of paying to clean up toxic messes created by their client corporations. In the last year, 99 companies and trade associations have hired at least 150 lobby firms, either “in house” or “outside,” to lobby for rollbacks to the Superfund law. Cleanups under the Superfund law are primarily paid for in two ways,
first, by polluters and their insurance companies and second, by a small
tax on the oil and chemical industries.
1. Eliminate cleanup liaibility for various categories of large polluters, such as those who dumped hazardous wastes prior to 1986, those who sent hazardous wastes to dumps which also accepted municipal wastes, mining companies and all oil recyclers. These exemptions would force clean-up costs back onto taxpayers, or drain money too rapidly from Superfund. 2. Retroactively pay polluters who have already agreed to clean up. These proposals would allow polluters to reopen past settlements and demand money from Superfund, which would divert money from clean-ups into paying polluters. 3. Drop preference for permanent solutions which emphasize treatment rather than landfilling. Polluters would rather be allowed easy and cheap temporary fixes which still leave toxic sites for our grandchildren to deal with. The preference for treatment is designed to prevent polluters from simply fencing off contaminated sites, handing out bottled water and walking away. This law change is one of the major goals of the polluter PACs and lobbyists. 4. Use Future Landuse to Limit Cleanup Goals. Polluters want EPA to base cleanup decisions on the anticipated future land use, yet it’s impossible to predict land use needs 100, 500 or 1,000 years in the future, when the toxic chemicals could still pose problems. Our decendents may need the land for growing food or building homes --- and they may forget the land was industrial in the past. 5. Drinking Water Not Protected. Various industry proposals would limit the instances when polluters would be required to protect uncontaminated groundwater. They want clean up remedies to include dilution over hundreds of years, instead of preventing groundwater contamination or actively treating a contaminated water supply. 6. No Compensation for Natural Resource Damages. Superfund currently holds polluters responsible for damages or injuries to natural resources including land, fish, wildlife, air and water. Polluters want to escape responsibility for restoration of the resource and interim losses. This change alone would gut the Fox River cleanup effort. 7. Limit federal oversight and reduce public participation. The anti-Superfund bills shift authority over cleanups back to the States without ensuring that a State has the financial, technical, or enforcement resources in place to monitor or conduct clean-ups, or (as in the case of Wisconsin) the political will to make sure that cleanups occur. In addition, polluters want to limit public opportunities for comment and public hearings. Several of these law changes are direct threats to the proposed Fox River Clean-up because Superfund is our only hope for funding and enforcement after 12 years of industry foot-dragging and DNR ineffectiveness. Please write your 2 Senators and 1 Congressman and tell them how you feel about Superfund and campaign contributions from industry PACs. Senator Russ Feingold
Senator Herb Kohl
Congressman Jay Johnson or
Please Write Today! Up to Top
Special Event! Tuesday, June 23 anytime from 3:00 to 9:00 p.m.
We are hosting one of 10 hearings around the Great Lakes region, to take public comments on whether water quality is being adequately protected by the U.S. and Canadian governments. We need your help! Your attendance at this public hearing would help show public support for clean Great Lakes. What is the Great Lakes Water Quality Agreement? The Agreement (GLWQA) was first signed by Canada and the United States in 1972. It is a promise by the two governments to reduce pollution and clean up contamination in the Great Lakes. In its own words, the purpose of the Agreement is "to restore and maintain the chemical, physical, and biological integrity of the waters of the Great Lakes Basin Ecosystem." In order to achieve this, the two governments agreed that: • the discharge of toxic substances in toxic amount will be prohibited, • the discharge of any or all persistent toxic substance will be virtually eliminated, and • the waters will be free from substances produced by humans that are toxic or harmful to human, animal or aquatic life. Both governments committed to a series of standards and programs to be implemented through Environment Canada and the US Environmental Protection Agency. The International Joint Commission is responsible for collecting and analyzing data on the quality of Great Lakes waters and advising the governments on the measures needed to achieve the purposes of the Agreement. The Agreement applies to the five Great Lakes, the connecting channels (St. Mary's River, St. Clair River, Niagara River) and the St. Lawrence River up to where it ceases to be an international boundary (near Cornwall, Ontario and Massena, New York) The Agreement uses the "Great Lakes System" to mean all the streams,
rivers, lakes, tributaries and other bodies of water that drain into the
Great Lakes. It uses "Ecosystem" to mean "the interacting components
of air, land, water, and living organisms, including humans."
The GLWQA called for the construction and upgrading of sewage treatment
plants around the Great Lakes. It required the clean up of Areas of Concern
or toxic hotspots in the Great Lakes Basin. It called for programs for
contaminated sediments, soils, groundwater and air. It fostered the tactic
of zero discharge, or nil human input of persistent toxic substances, to
achieve the goal of virtually eliminating these toxics from the Great Lakes.
* Is it safe to swim in your Great Lake or in the river or creek flowing to it? * Can you eat freely of the fish and ducks from these waters without worrying about health risks to you or to your unborn children? * Is the water safe to drink? * Have contaminated sites along the water's edge or polluted sediments in the lake or river been cleaned up? * Have industrial and municipal releases of toxic pollutants to the
water and air in your community been eliminated?
In 1998, the Agreement is due for review and possibly renegotiation
by the two governments. We fear the Agreement may be in danger.
Let's protect the Agreement. What Can We Do? The Agreement was developed because of public
outrage over the state of our lakes and rivers in the mid 1960s. Our job
is to keep the governments on track towards meeting the commitments they
made in the agreement. They need to hear from us that the job of cleaning
up and protecting the Great Lakes and surrounding rivers is not yet finished.
They need our support for strong standards that protect this priceless
heritage --- 20% of the world’s fresh water.
Volunteers Needed We’re planning several activities in conjunction with the June 23rd hearing in Green Bay on the Agreement. Could you spare a few hours to help us with the preparations and staffing
of the event? We’re looking for help at the registration tables,
distributing posters, mail processing, tour guiding, audio-visual management,
exhibit preparation, etc.
1909 --- Great Britain and the U.S. signed the Boundary Waters Treaty. The Treaty states that "the boundary waters and waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other." The Treaty also created the well-known International Joint Commission (IJC), which consists of 3 Commissioners appointed by the U.S. President, and 3 Commissioners appointed by the Canadian government. The IJC assists the governments in carrying out their promises under the Treaty. 1972 --- Canada and the U.S. signed the Great Lakes Water Quality Agreement, focussed on saving Lake Erie. Untreated sewage which flushed into the lakes caused massive algae growth, closing beaches and killing fish. The construction of sewage treatment plants brought Lake Erie back to life. 1978 --- The Agreement was strengthened to cover all five Great Lakes. The public pushed governments to recognize the devastating health consequences from industrial chemicals releases. The governments pledged to achieve Zero Discharge of toxic industrial releases into the Great Lakes. 1987 --- The Agreement was revised again. The public won the requirement for governments to regularly report on progress. Governments recommended the cleanup of contaminated soils and sediments as well as zero release of long-lived, harmful substances. 1998 --- Citizens are currently evaluating the governments’ effectiveness in carrying out these agreements. Public hearings are being held all around the Lakes this summer. Great Lakes United 16th Annual Meeting This year’s theme: “Rivers to Lakes” June 5 thru 7
Join us for a Great Lakes weekend! This year’s annual gathering of members and friends of Great Lakes United
is dedicated to the rivers and other tributary waters of the Great Lakes
- St. Lawrence River ecosystem.
Fort James --- Air Pollution Permit As required by federal law, DNR proposes to combine 5 different air
pollution permits to Fort James Corp. (same mill as at left). This is one
of the 4 largest industrial toxic polluters in Wisconsin.
Please bring friends and family to show support for Clean Air Wednesday, June 10 5:00 p.m. Brown County Library
If you can’t attend, write by June 10 to:
Fort James AIR Pollution Allowed Yearly Conventional
Sulfur dioxide
35,112
Total
46,943.91
Hazardous Air
Acrolein
452.7
Total
3,144,200
The Fox River PCB polluters argue they should be given a chance to finish
their “demonstration project” this summer and study the results over 2-3
years. Yet this project will demonstrate nothing new. It’s just another
dredge and landfill proposal. Dredging is well-studied in rivers around
the world. Hydraulic techniques are already proven to minimize downstream
flow of toxics. They’re like vacuum cleaners and, if used thoroughly,
can be very effective. We don’t need to wait for research results
from the polluters when a river clean-up plan can be written based on current
information.
Victory and Beyond -- a benefit for Wisconsin Stewardship Network Saturday, June 13
Great Dane Pub and Brewing Company
To register and carpool from Northeast Wisconsin, please contact --- Clean Water at 920-437-7304 Please join us in celebrating passage of the Mining Moratorium
Featured speaker: conservationist Steve Born, at 5:00 p.m. We will also honor individuals who led the fight on the Mining Moratorium by presenting the 1998 Stewardship Awards for Citizen Achievement. Come socialize with environmental and conservation leaders from across Wisconsin! Includes hors d’oeurvres, cash bar and Silent Auction. $25 per person All proceeds will benefit Wisconsin Stewardship Network
The WSN Steering Committee includes: Citizens for a Better Environment
Minergy Incinerator --- Neenah We’re still waiting for a decision from the Wisconsin Supreme Court on our fight to protect the Public Trust Doctrine, public lands, and air quality. We’ve requested that the U.S. Army Corps of Engineers hold a public hearing on this 30-50 year contaminated sediment landfill on the west Bay shore. Brown County is trying to get a dredge disposal permit (after the fact --- it’s already under construction) from the Corps. Wisconsin DNR has found several violations already at the site. We’ve met with DNR staff to raise concerns about wildlife exposure and whether toxics are properly contained for the long term. We testified at the hearing last month on the wastewater discharge permit for P.H. Glatfelter Paper Company. DNR staff acknowledge that land run-off pollution sources to Little Lake Butte des Morts have increased in recent years, and that this logically means that sources like paper mills need to cut back in order to maintain minimal water quality. But they spent most of their time at the hearing deflecting citizen concerns and defending the substantial amounts of pollution they allow Glatfelter to dump in the river. This “pollution defense” is far too common among DNR staff --- it makes us feel DNR works for industry, not the public taxpayer. On a vote of 57 to 41, the Wis. State Assembly defeated these bills, especially AB 807, which threatened to overturned countless laws and local zoning ordinances which make our workplaces safe and protect our homes and property values. Environmentalists were joined by numerous local government officials who felt they would lose the ability to rationally plan the land-use development of their communities. Dirty Secrets Bill --- Statewide Due to widespread citizen outrage, this was stopped in the Legislature’s special session. Industry tried to hide its toxic chemical releases and gain forgiveness from DNR on the grounds that they performed a self audit. DNR claims the Moratorium wording is clear enough to avoid the need
for a more detailed rulemakng process based on the Moratorium. In some
ways this is worrisome, because interpretation of the Moratorium could
be skewed by our politically weakened DNR. The role of the Governor’s special
advisory panel is also still uncertain. We need to watch closely. Much
depends on the outcome of the Governor’s race.
Industry Tries to Hotwire Permits During the Legislature’s special session several awful bills were proposed, without opportunity for public comment, including a zinger by Rep. Sheila Harsdorf (a Republican from River Falls). She proposed a “Permit Guarantee Bill,” promoted by the Wisconsin Builders Association, to expand the “money back guarantee” which is already contained in Wisconsin Act 27 (the Budget Bill) for certain environmental permits. The bill would expand the scope of expedited permits dramatically --- essentially to all air and water pollution permits. 1. Would provide a money back guarantee if DNR failed to meet specific time deadlines for reviewing permit applications. This would be a financial burden on an already thinly stretched DNR budget. (In fact, one reason for permit delays is lack of staff.) 2. Would create an incentive to make hasty decisions on permits with major public health impacts. Public health could become a second priority to expedience. 3. The bill would take a “one size fits all” approach which doesn’t account for the difference in complexity of various permits. A heating boiler for a small business would be treated the same as a huge coal-fired power plant. 4. Approval of permits would be automatic if DNR didn’t act within a given timeframe. 5. Public notices and public hearing opportunities would be eliminated. 6. Would allow the permit holder to retain the permit unless there is proven substantial harm to the environment. Again, the presumption that air and water pollution permits are a “God-given Right” for private industries. Luckily, the bill failed. (Kudos to Sen. Rob Cowles who strongly objected to the bill.) It’s frightening when such scary proposals are rushed through special Legislative sessions. Up to Top
A special 2-day conference will focus on significant environmental health threats to children in the Great Lakes region. It is sponsored by the EPA, the Office of Children’s Health Protection, and the Agency for Toxic Substances and Disease Registry. It is geared towards environmental and public health agency staff, physicians, nurses, public health workers, research scientists, environmental and community groups, and industry. Speakers are drawn from government, universities and the health profession. Agenda items: Childhood Cancer; Childhood Asthma; Environmental Indicators and Interventions; Developmental Effects of Environmental Contaminants; and Pesticides and PCBs. Wed-Thurs, July 8-9 in Chicago Registration limited to 350 people, no fees. For info. call 1-877-838-7299.
E-mail: tays@ttemi.com, Internet page: www.epa.gov/Region5/Calendar.htm
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