---

April, 2001
Vol. 5, No. 3

Subscribe!

---

Table of Contents

Scientists Criticize $7 million Settlement
DNR Withdraws, Enters Negotiations
Your Letter Matters!
Celebrate Spring!
UWGB EarthWeek Program
Rehabilitating the Fox River and Green Bay
Protect Water

Scientists Criticize $7 million Settlement

A local committee of scientists who have worked on the Fox River cleanup issue for nearly 15 years  are critical of the $7 million settlement between the state and Georgia Pacific (Fort James) as compensation for all PCB damages to the Fox River, Green Bay and Lake Michigan.

A lengthy letter sent by the Science and Technical Advisory Committee (STAC), of the Fox River and Green Bay Remedial Action Plan, raised serious concerns about the scientific methods used by the industry consultant who determined PCB damages .  (This was the consultant chosen by the "Fox River Group" of 7 paper companies.)  These damages became the basis for the economic calculations which led to the $7 million deal.

Key Concerns of the Committee

1.  Flawed Method --- The industry consultant used a method called Habitat Equivalency Analysis (HEA).   The committee wrote: "HEA methodology appears to have some
fundamental flaws which understate damages."

2. False Baseline --- Baseline wildlife and habitat conditions in the river and bay were assumed by the industry consultant to be the existing population of species present today.  "Taken to the extreme, this method would determine "no injury" if exposure to a toxic chemical had wiped out
all terns, mink, eagles and other wildlife."

3. Excessive Research ---The HEA method "requires extensive documentation of damages to each injured species before compensation can be awarded.  As are result, the HEA accounting system virtually guarantees understating actual resource damages.   The HEA approach would require a greater expenditure of funds to conduct scientific studies for the purposes of
documenting adverse effects, than would be awarded via compensation due to injuries.   It is an approach which cannot be justified in the Green Bay ecosystem where the DNR and EPA water quality criteria for PCBs is greatly exceeded, fish and waterfowl consumption advisories exist, and adverse effects have been documented in numerous indicator species."

4.  Denies Damages ---  The manner in which the HEA was used by the industry consultant "deliberately minimizes documented damages to the ecosystem."  According to the committee, the consultant's HEA denies the following:

• "that there is damage to the surface waters which exceed state water
• 
  quality criteria."
   
• "that sediment deposits in the Fox River remain a real source of
• 
  continued contamination through transport to the bay environment during
  high flow conditions."
   
• "that fish remain contaminated in Green Bay such that the current risk is
• 
  expected to remain substantially unchanged through the next 100 years under
  the "no action" remediation alternative."
   
• "that bird reproduction and health will continue to constitute an
• 
  ecological and human service loss beyond the year 2000."
   
• "that waterfowl contamination and the resultant consumption advisory is
• 
  not and will not be a future loss."

The HEA report:

• "truncates [shortens] the period of impact or exposure to PCBs"
• 
   
• "underestimates the area and extent of the ecosystem impacted which further minimizes the true exposure."

• "frequently calls into question the validity of the data or the interpretation by the authors of several published reports and theses.  In some instances information is misrepresented, ignored or in the worst case false statements are made."

7.  No Public Review --- The committee states: "we strongly believe that the RCDP [compensation plan] should have been submitted for public review and comment prior to any settlement."   They add, "Both the former DNR Secretary and current DNR Secretary have stated that they support the current settlement as it stands.  Therefore, it is difficult to believe
that changes in the settlement will result from the public comment period. This is particularly troubling because the RCDP will likely apply to all the PRPs [polluters], not just Fort James because the DNR will be unable to back away from their current position which supports the findings in the submitted reports."  The committee was disturbed by the glaring differences between the state and federal assessments. (The federal plan would require between $176
and $333 million in compensation.)  They said, "We believe a point-by-point explanation is owed to the public [by the DNR] and is required before any confidence can be placed in this process."

8. Federal Plan Preferred --- The committee writes: "we support the approach taken by the U.S. Fish and Wildlife Service and believe the level of damage and attendant compensation proposed in that study are more likely to reflect the true cost of the loss of ecological and human services associated with the discharge of PCBs."

Up to Top

DNR Withdraws, Enters Negotiations

(Still a Dangerous Time)

Clean Water representatives testified in Madison last month before the Legislative Audit Committee and against the $7 million settlement.  The STAC letter was also distributed to
the Audit Committee.  Legislators asked DNR many pointed questions.

In response, DNR Secretary Bazzell suspended the settlement, extended the comment period, and committed to renewed negotiations with U.S. Fish & Wildlife Service and the other federal partners.

We are concerned now that closed negotiations will result in serious political weakening of the federal plan, which already was a compromised and conservative compensation plan. It's a shame we can't trust the state government to work aggressively in the public interest.

Up to Top

Your Letter Matters!
~~~~~~~~~~~~~~~~~~

Please Write Today
or simply send the enclosed  letter

A recent front page story in a local newspaper featured the number of citizen comment letters received by the DNR concerning the $7 million settlement with Fort James (Georgia Pacific).   Over 800 letters were received by DNR, of which more than 700 were form letters signed by
Georgia Pacific employees in support of the deal (written by management staff, no doubt.)   Of the 80 individually written letters, only 31 opposed the $7 million deal.

Obviously, we need to write more letters.   If you haven't written yet, please write a personalized letter right away.  Short on time?  Just sign and send the enclosed letter!   As soon as possible.  The comment period was extended, but negotiations are underway now.  Public pressure is needed right away.

Other ways you can help -

1.  Make copies of the enclosed letter, then encourage friends,co-workers, and family members to sign and send them in.   Take letters to hand out at your next club or church meeting.

2.  Write a letter to the editor of your local newspaper raising concerns about the $7 million deal.  Help keep this issue in the public eye.

This is important!

Up to Top

Celebrate Spring!  Eco-Jam

Eco-Jam is an annual celebration organized by the East DePere High School Ecology Club, with a n information booth fair, speakers, and musical entertainment.

Eco-Jam

Friday, May 25
at the KI Center in Green Bay

The theme of Eco-Jam 2001 is "water" so all proceeds from the event will be donated to Clean  Water Action Council.  The Ecology Club is encouraging groups with environmental
information to sign-up now for booth space and they're collecting donated items for the fundraising raffle.  Please contact the Ecology Club by May 1 with booth requests and
donated items:

DePere High School
Attn: Ecology Club
1700 Chicago Street
DePere, WI 54115
Fax: 337-1037

Any questions?   Please call the Ecology Club's Advisor, Christine Fossen, at 337-1020 
extension 4601.

Up to Top

UWGB EarthWeek Program

Join us for an EarthWeek event at UW-Green Bay.  Clean Water's executive director, Rebecca Katers, will give a talk entitled, "Rehabilitating the Fox River and Green Bay" and include an open discussion with participants on how local citizens can help with the final push this summer.

Rehabilitating the Fox River and Green Bay

Tuesday, April 24, 6:00 p.m.
Phoenix Room C, University Union
UW-Green Bay, 2420 University Ave.

We expect the river cleanup plan will be proposed this May or June by the DNR and EPA.  We need everyone to be ready to turn up the public pressure for the best plan possible. We know the paper industries are working overtime to limit their cleanup responsibilities, so we must balance their lobbying with strong public pressure.

(Rebecca will give a similar talk to the League of Women Voters in Kewaunee County, May 8.)

Up to Top

There's still time to tell DNR and the state legislature to stop polluted runoff from cities, croplands and livestock facilities. The proposed rules to control non-point runoff pollution need citizen letters to make them stronger.   The rules are over 450 pages long but there are four main components that are critical to the success of these new laws

1. Rural Standards --  Support 20-35 foot vegetated buffers along all navigable waterways, plus added conservation farming practices for at least 30 feet beyond the buffer.  Conservation buffers are strips of land in permanent vegetation that control pollutants and provide other benefits along waterways.  Restrict livestock access to rivers, lakes and wetlands. Limit livestock in streams only to managed access points to protect healthy fish populations. Prohibit unconfined manure piles. Prohibit overflow of manure storage facilities.  Ban the direct runoff of water from a feedlot or manure pile. Oppose delays in implementing nutrient management plans.
Support a requirement that all cropland must have nutrient management plans when rules go into effect.  (Draft rules instead call for a 7-year phase-in.) We need rapid implementation in degraded watersheds. Nutrient management plans are very cost effective and these plans can only be required when a state cost share of at least 70% is available.

2. Urban Standards --- Support infiltration standards for stormwater runoff.  Require developers to design projects so that stormwater stays on site instead of rushing into nearby waterways. Support buffers of vegetation of anywhere from 50 to 100 feet for all new developments. Support an 80% reduction in construction site erosion.  This form of polluted runoff is one of the major sources of pollution in urban areas. 

3. Transportation Standards --  Support vegetated buffers of 50 to 100 feet for all new transportation projects. Oppose efforts by the Dept. of Trans. to gain exemptions.  The DNR is the agency responsible for water quality. All agencies should have to abide by standards enforced by the DNR.

4. Implementation/Enforcement --- Support added legislative funds to quickly implement the rules.  Polluted runoff is costing the state billions in water degradation. Support requirements to spend cost-share dollars for agricultural improvements on impaired waterways.  Until adequate funds are identified to fully fund county water quality priorities, cost-share dollars for agricultural practices should be targeted to the 2,747 stream miles and hundreds of lakes classified as impaired waters. Support added funds for county Land and Water Conservation Districts.  These agencies will be most responsible for implementing and enforcing the rules. They need adequate funding for the job. Streamline the process to target impaired waters.  The proposed standards are unlikely to enable already polluted waterways to meet water quality
standards.  Because of this, county agencies and the DNR should be able to target these waterways for additional protections with a simple designation process.

 PLEASE WRITE TO:

 Carol Holden
 DNR-WT/2
 P.O. Box 7921
 Madison, WI 53707

All documents are available in hard copy and all but the fiscal estimates are available on the DNR's Runoff Management web page at
http://www.dnr.state.wi.us/org/water/wm/nps/admrules.html

 Phone: (608) 266-0140
 e-mail: .

Up to Top