Riverkeeper Files Suit Against DENREnvironmental Group Charges Agency Failed Its Duties to Protect Water Quality and Public Health by Not Considering Contamination at Badin Lake, Including PCBs Linked
By: MMI Associates, Inc. “The DWQ hearing officer report regarding its final test at Badin Lake is incredibly damaging to Alcoa. The state acknowledges contamination in the swimming areas, ‘significant contamination’ The NC State Constitution “mandates the conservation and protection of public lands and waters for the benefit of the public.” Naujoks felt the $240 million bond required by the state was an improvement to the permit, but the permit still lacks requirements to address numerous environmental issues that should be addressed this process. “I cannot believe that with this information available about the poor water quality and its relation to Alcoa’s activities that NC DENR decided to go ahead and issue the certification to the company. Alcoa’s environmental track record and disregard for public health has been particularly disturbing, recently contesting the fish consumption advisory for children and pregnant women the N.C. Department of Health and Human Services issued Feb. 11 once it found PCBs in Badin Lake. Alcoa’s actions have thwarted efforts to post the public notice of that advisory anywhere on the lake for people fishing there, even though PCBs have numerous and potential carcinogenic effects when eaten. Yadkin Riverkeeper Inc. has requested a contested case hearing regarding DENR for this certification for these reasons: “1) The N.C. Constitution and related state laws create a public trust to protect its waters, fish and related resources for public use, and DENR failed to protect those resources in its limited review of Alcoa and its operations. “2) DENR violated the N.C. Environmental Policy Act by improperly relying upon the Final Environmental Impact Statement from the Federal Energy Regulatory Commission under NCEPA instead of a separate NCEPA review. The FERC FEIS is fundamentally flawed because it fails to consider several significant environmental impacts of the Project, omits consideration of essential alternatives and relies on an improper baseline for the measurement of environmental harm. It is inadequate for use as a substitute for NCEPA analysis, and therefore DENR cannot reasonably rely on it to fulfill its obligations under North Carolina law. “3) DENR’s decision does not insure protection of all water quality uses of the Yadkin River and does not comply with the provisions of the Clean Water Act. “4) DENR failed to look at water quality within the entire 38-mile stretch of the Yadkin River that makes up the Project. DENR was required to ensure that the Project as a whole will comply with water quality regulations, yet it studied only the tail end of the system. “5) North Carolina’s law prohibits government from granting exclusive privileges to private parties. Alcoa is a private property that has a monopoly or exclusive privilege to control a public trust resource – the Yadkin River – and thus the DENR certification for Alcoa violates this provision of the N.C. Constitution.” The DENR decision has allowed Alcoa to continue its license renewal application for the Yadkin Hydroelectric Project before FERC. However, there are several challenges beyond this suit that Alcoa faces before that hearing occurs, including one from the state legislature to establish a Yadkin River Trust to assume operation of the Project over Alcoa, pending approval from legislators and Gov. Bev Perdue as well as FERC allowing the recapture process to occur under federal rules. “While DENR might think that it was bold by placing conditions on the certification such as a $240 million bond on Alcoa to ensure it pays for all required improvements, it actually failed North Carolina’s citizens greatly by issuing this permit,” added Naujoks. “I intend to pursue this suit as far as possible, because I sincerely believe DENR has failed in its mission to preserve and protect our state’s great natural resources in this instance.” About the Yadkin Riverkeeper®: The Yadkin Riverkeeper’ About Dean Naujoks: Dean Naujoks is the Yadkin Riverkeeper, employed by Yadkin Riverkeeper Inc. since the fall of 2008 to manage and implement a river advocacy program for the Yadkin Pee Dee River watershed in North Carolina that will keep it a healthy and vibrant river for residents and businesses in the long term. Yadkin Riverkeeper is a licensed member of the Waterkeeper Alliance, which connects and supports local Waterkeeper programs to provide a voice and champion clean water for waterways and their communities worldwide. A longtime water quality advocate, Naujoks became the first Upper Neuse Riverkeeper in 2001 at the nonprofit Neuse River Foundation. His job there was to monitor conditions and advocate for protection of the Neuse River from Falls Lake to Goldsboro. He was appointed by Raleigh Mayor Charles Meeker to serve on the joint government PCB Task Force to address PCB contamination in Crabtree Creek from Ward Transformer. A graduate of N.C. State, Naujoks created his own major in environmental policy and sustainable development. He also worked for the NC Wild Life Federation from 1991-1999. Dean Naujoks received American Rivers 2009 National “River Hero” Award. Media Contact: Dean Naujoks Yadkin Riverkeeper® 2435 Westfield Ave. Winston-Salem, N.C. dean@yadkinriverkeeper.org www.yadkinriverkeeper.org # # # MMI Associates, Inc. Patty Briguglio (919) 233-6600 (919) 233-0300 (fax) onlinenews@mmimarketing.com www.mmimarketing.com End
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