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Press Releases

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  • 19-Feb-10 15:02 | Christine Kitchens-Frost (administrator)

    WINSTON-SALEM, N.C. – Yadkin Riverkeeper® is proud to announce the opening of its new office located at 308 Patterson Ave. in Winston-Salem.  To celebrate the new office opening, the Yadkin Riverkeeper, Dean Naujoks, will host a community open house and free wine tasting Tuesday Feb. 23 from 6 to 8 p.m. at Krankies Coffee on E. 3rd St.  There will be a membership sign-up booth with T-shirts and maps of the Yadkin River.  The community open house is sponsored by Green Drinks, with treats provided by Karma Catering and organic wine from Carolina Heritage Vineyard and Winery, owned by Pat Colwell, a Yadkin Riverkeeper board member.

    Naujoks will speak about his goals for 2010 and highlights of Yadkin Riverkeeper’s accomplishments in 2009, including such subjects as:

    - A call for the City of Thomasville to pay for testing, and improvements to an aging sewage system at the site of a raw sewage spill at North Hamby Creek.  The sewage spill occurred on July 13, 2009, but was not reported for 20 days.  Almost 16 million gallons, more than the oil spilled by Exxon Valdez, flowed into High Rock Lake and potentially impacted the public health of recreational users in the lake as well as customers in the town of Salisbury who use the lake as their source of drinking water.  Naujoks wants to make sure steps are in place so that a similar situation will not occur again.

     - A court injunction issued in May 2009 against the N.C. Department of Environmental and Natural Resources for issuing a 401 Water Quality Certification to Alcoa for the Yadkin Hydroelectric Project despite many water quality violations associated with Alcoa’s oversight of the Project.  Alcoa needs the state certification in order to proceed with a federal application to continue to exploit the Yadkin for the next 50 years for tens of millions in hydroelectricity profits despite the firm’s refusal to address low dissolved oxygen levels from the dams cancer-causing PCBs found in the water, and former smelting operations near the river prompting a Fish Consumption Advisory.  A final decision on the injunction is expected to be delivered this year, with an appeal likely from the losing side.

    - The opposition to a proposed $140 million Fibrowatt LLC incinerator/power plant in Surry County near the Yadkin.  The plant would burn chicken waste, and such incinerators emit more pollution than a newly-built coal-burning power plant, according to the N.C. Division of Air Quality.  If approved, Fibrowatt could incinerate poultry litter and construction waste hauled in from hundreds of miles away.  Many local groups have raised legitimate environmental, social, and economic concerns about the plant, including the Blue Ridge Environmental Defense League, the NAACP, the Coalition of Sensible Citizens, and the Coalition for Responsible Economic Development.  The project is still pending final approval in Surry County.

    “This office opening occurs after a year of great challenges and great excitement,” Naujoks said.  “I know we have made a real impact in making North Carolinians think seriously about the contamination threats facing one of our state’s greatest resources that is affecting everything from aquatic life to recreational activities on the Yadkin River.  With more development and population increases, we must make sure that our actions are not destroying the river’s water quality for future generations.”

    The board of the Yadkin Riverkeeper Inc. environmental group, which formed in 2007, hired Naujoks to serve as an advocate for the river in the fall of 2008.  He began his duties on November 14th of that year after having served as Riverkeeper for the Upper Neuse River (the main water supply for Raleigh and Wake County in North Carolina) since 2001.  Before that, he worked for the N.C. Wildlife Federation for eight years.

    As Riverkeeper for the Upper Neuse, Naujoks started a program called Muddy Water Watch, which trained residents to look for sediment runoff from construction sites.  It is the biggest source of contamination in waterways across America, yet there is very little accountability among violators when the law is being broken.  Naujoks plans to discuss the launch of that campaign for the Yadkin basin this fall at the open house.

    “We can and should prevent a lot of pollution from affecting the Yadkin River,” concluded Naujoks.  “I am so inspired by the committed citizens who share this goal, and I encourage all interested parties to come out Tuesday night for an evening of good food, drinks and conversation about how we can and will make this resource one of the finest waterways in the world.”

  • 03-Dec-09 11:08 | Christine Kitchens-Frost (administrator)

    Does North Carolina really know its neighbor?

    That’s the question I am asking as part of my efforts to combat Alcoa’s application for a 50-year license to oversee the Yadkin Hydroelectric Project.  Apart from its environmental abuses and neglect that it refuses to address, such as the discovery of carcinogenic PCBs in its reservoir Badin Lake that have been linked to Alcoa’s own former smelting operations, the company has had a pattern of corruption and bribery over the last few years that make one question whether they are the type of corporation that should be doing business with North Carolina – especially handling one of our biggest water resources for half a century.  

    Consider these facts:

    • The executive board of the German company Siemens wants Klaus Kleinfeld, the current Alcoa CEO, to pay $2.95 million in damages to the company relating to a multi-billion-euro bribery scandal.  Kleinfeld was chief executive at Siemens from 2005 until assuming his present leadership at Alcoa.  Source: http://www.ft.com/cms/s/0/68159994-a8a3-11de-9242-00144feabdc0.html?nclick_check=1
    • Erin Brockovich, the health advocate portrayed by Julia Roberts in the movie of the same name a few years ago, has championed legal action against Alcoa on behalf of residents and former inhabitants of Yarloop, Australia, who allege that the company’s Wagerup refinery has made them sick.  Her lawsuit accuses Alcoa of poisoning the community with toxic emissions.  Source: http://www.news.com.au/perthnow/story/0,21598,25624988-5017963,00.html
    • An Alcoa employee successfully sued the company in U.S. Supreme Court on charges it did not comply with OSHA regulations prohibiting employees who had been exposed to asbestos from taking their clothes home to be laundered.  The employee believes his clothes held the dust he accumulated during his work day led to the death of his daughter.  She died in 2005 from issues related to mesothelioma, a disease caused by asbestos exposure.  Prior to the court’s decision, an Alcoa spokesman said the case had no merit.  Source: http://www.cityviewmag.com/index.php?option=com_content&view=article&id=370:alcoa-asbestos-oct-09&catid=85:features&Itemid=660
    • After cleanup had been stalled for a decade, Washington Gov. Chris Gregoire ordered the state Ecology Department to speed up negotiations with Alcoa to remove more than 5,000 cubic yards of PCB-tainted sediment from the Columbia River and its shoreline at an old Alcoa smelter site in Vancouver, Wash.  To date, Alcoa has spent about $42 million cleaning up the site, including $34 million to clean up PCBs.  Source: http://seattlepi.nwsource.com/local/392725_cleanup18.html
    • Alcoa received an exemption from state environmental laws in Texas that allow it to continue emitting 60,000 tons of sulphur dioxide annually into the air in Rockdale, maintaining Alcoa’s position as one of Texas’ top polluters.  Over the border in Mexico, it operated what a National Labor Committee report of June 2002 termed a “high tech sweatshop” where the very highest wage a senior Alcoa worker could earn there was $86.58 per week, including all benefits.  The reported added that “Alcoa wants to pit workers in the United States against the desperately poor workers in Mexico – and other developing countries – in a race to the bottom over who will accept the lowest wages and least benefits, the most miserable living and working conditions.”  Source: http://savingiceland.puscii.nl/?p=225&language=en

    These are just some of many examples I can provide right now. More will be coming in a future installment.  Taken altogether, they paint a disturbing picture of a company focused more on the bottom line than in the communities it serves.

    Alcoa has virtually no other ties to North Carolina apart from plundering our water in the Yadkin River to use as a free fuel source to power its turbines and generate hydroelectricity it sells for profit at tens of millions annually.  Should we really want the likes of these types to be our neighbors?

    For more information, visit the Yadkin Riverkeeper web site at www.yadkinriverkeeper.org or call (336) 293-8105.

  • 09-Nov-09 15:44 | Dean Naujoks (administrator)
    WINSTON-SALEM, N.C. – The Yadkin Riverkeeper® has announced that an internal document recently discovered indicates that Alcoa knew it had contamination in Badin Lake caused by its old smelting operation near the lake 12 years ago but hid that investigation from the public, indicating a pattern of deceit regarding its environmental record which continues to the present as it refuses to admit its smelter generated cancer-causing PCBs in Badin Lake as proven by an independent study. The Yadkin Riverkeeper intends to use this revelation in court when a full appeal occurs over whether the N.C. Department of Environment and Natural Resources (DENR) improperly awarded Alcoa a 401 Water Quality Certification in May for the Yadkin Hydroelectric Project, which includes Badin Lake as one of its reservoirs that generate hydropower for Alcoa. Alcoa needs the certification before the Federal Energy Regulatory Commission (FERC) will consider its application for another 50-year license to continue to monopolize and exploit the Project without improving water quality.

    Dean Naujoks, the Yadkin Riverkeeper, said the April 1997 document showed Alcoa acted as judge and jury in determining by itself that the PAHs (polycyclic aromatic hydrocarbons) it found in the swimming areas and boating ramp of Badin Lake were harmless to humans, and that the same thing can happen if Alcoa is granted another 50-year license for the Project without having any regulation placed upon it. Naujoks believes that along with the discovery of PCBs at both Badin Lake, which resulted in a fish consumption advisory there from the state which Alcoa contested for months, and below the lake beyond Narrows Dam, this news is further evidence that the company does not care about contaminated water and its life-threatening effects on fish and humans who use it for drinking, cleaning and recreational purposes.

    “For people who believe that PCBs found in Badin Lake are just a ‘minor inconvenience’ or a recent occurrence, this document will open their eyes,” Naujoks said. “It clearly states that PAHs, which can be carcinogenic, were found in multiple areas of the lake in samples taken over a four-month period. It also notes that ‘The presumed source of the PAH is believed from various processes at the Badin Works smelter operation located across the road from the lake.’

    “Using its own consultants to examine them – not an outside expert – Alcoa officials concluded that ‘the investigation did not reveal a substantial risk to public health from exposure to polycyclic aromatic hydrocarbons located in the sediment of Badin Lake, but the potential exposure was unique enough to warrant 8(c) recordkeeping.’ In other words, they found contamination that could be hazardous to humans in the water, but Alcoa leaders made their own call as to how bad it was and did not let anyone know about this, especially during its initial water quality reviews by DENR and FERC. Is this the way we want health and safety threats to one of North Carolina’s greatest waterways to be addressed for the next 50 years?”

    Previous reports of contamination at Badin Lake were the central reason why Naujoks decided to oppose Alcoa’s bid for relicensing when he was appointed the Yadkin Riverkeeper in the fall of 2008. He studied the information carefully and concluded that Alcoa was responsible for discharged pollutants into the air and Stanly County lands and waterways during the operation of the Badin Works smelter. The known contaminants besides PAHs and PCBs include cyanide, fluoride, solvents, metals, hydrocarbons, benzene, naphthalene and methane.

    Naujoks also disputes Alcoa’s claim that its Relicensing Settlement Agreement (RSA) it signed with 23 major stakeholders in 2007 will resolve most water quality issues associated with the Yadkin Hydroelectric Project. He notes that while the company said in the agreement it would make a $240 million investment to install aeration technology to improve water quality at its dams, it refuses to post a bond for the same amount to the state as one of the conditions it received from DENR in its 401 Water Quality Certification awaiting a hearing. Naujoks requests that all RSA signatories re-examine their support for the agreement in the wake of the emergence of more facts such as the 1997 document prove that Alcoa’s history of resisting to address its environmental messes make it unworthy of their endorsement for future improved water quality in the Yadkin Pee Dee River Basin.

    “It seems to me every day I am learning a new piece of the puzzle regarding Alcoa’s shabby legacy in addressing water quality in the Yadkin, and it both appalls and depresses me,” concluded Naujoks. “The good news is that we can end this scenario and provide a better future for the river and all of us who enjoy it by denying Alcoa’s application as it stands and demanding immediate action and cleanup of the Yakin to make it safer for ourselves and future generations who depend on it.”





    1997 Badin Lake Sediment Results Internal Memo
  • 20-Oct-09 15:39 | Christine Kitchens-Frost (administrator)
    WINSTON-SALEM, N.C. – The Yadkin Riverkeeper® has thanked the Federal Energy Regulatory Commission for denying a filing by Alcoa asking FERC members to exempt the company from the requirements of the Clean Water Act and the 401 Water Quality Certification as part of its relicensing effort for the Yadkin Hydroelectric Project.  FERC sided with North Carolina in issuing a decision Oct. 15 that the state retains authority to issue the 401 water permit to Alcoa, which is on hold following a successful injunction requested by Yadkin Riverkeeper Inc and Stanly County to prevent the permit’s issuance until a full appeal is heard from both sides about water quality at the Project.  Alcoa must receive this 401 certification before FERC will consider approving its application to exploit the Project for corporate profit over environmental and community needs for the 50-year duration of the license.
     
    Dean Naujoks, the Yadkin Riverkeeper, said had Alcoa’s request been allowed by FERC, Alcoa would have been allowed to pollute the Yadkin River and water flowing through the Project, which consists of four reservoirs, dams and hydropower stations along a 38-mile stretch of the Yadkin River – without facing penalty for violating Environmental Protection Agency water quality standards. It also would have established a dangerous precedent that would have eroded the states ability (all states) to enforce Clean Water Act protections. “Alco feels they are above the law and do not have to comply with the federal Clean Water Act which has been critical to protecting public health and safe guarding our nations waters for almost 40 years.” Naujoks said. “They should be ashamed of themselves. It is a clear sign Alcoa is getting desperate in their attempt to maintain an exclusive monopoly over public trust waters when they violate the terms of their own RSA.”
     
    In the aftermath of this announcement, Naujoks is calling on entities who signed the Relicensing Settlement Agreement in 2007 to review their support of Alcoa’s relicensing request and consider disavowing it because of Alcoa’s blatant efforts to undo decades of clean water protections by a private company. “I am certain that If American Rivers, the Nature Conservancy and the LandTrust for Central NC knew that Alcoa was planning to petition FERC to exempt itself from the federal Clean Water Act they never would have signed the RSA” Naujoks said.
     
    American Rivers, who signed the RSA in 2007 before extensive pollution problems linked to Alcoa were discovered, contacted the Governors office and FERC opposing Alcoa’s Petition for Declaratory Order. A clear sign support for Alcoa’s relicensing bid is eroding. NC Department of Environment and Natural Resources, who issued Alcoa the 401 Water Quality Certification, expressed similar concerns over Alcoa’s request.
     
    “I am grateful that FERC turned down Alcoa’s declaratory order and sided with North Carolina on this issue,” said Naujoks. “It would have created a dangerous national precedent if it allowed Alcoa to disregard and disobey critical Clean Water Act laws and regulations which have greatly improved the water quality in America since they were established 40 years ago.  By taking this action, FERC has emphasized that no corporation is above the law and exempt from the states rights to enforce compliance with water quality standards. FERC’s decision is a big set back for Alcoa and an important victory for Americans who want safe clean water for drinking, swimming and other recreational activities.
     
    “If I were one of the groups who are signatories for the RSA, such as American Rivers or the Central LandTrust for NC, I would want Alcoa to explain to me its motives for trying this tactic to avoid following established law.  If company officials cannot – as they have been unable to do so since filing the request a month ago – I think those signatories ought to hold Alcoa accountable for its actions and remove their endorsements of a company that clearly puts profits above the peoples need for clean water.”
     
    Alcoa has had years of water quality problems with the Yadkin Hydroelectric Project which it has failed to address, including a recent report that links cancer-causing PCBs found in Badin Lake, a reservoir which is part of the Project, with the PCBs found in Alcoa’s old smelting operations.  The discovery of PCBs by state officials resulted in the posting of fish consumption advisory signs around Badin Lake.  There have been other contaminants found in Badin Lake as well.
     
    In addition, Alcoa has had longstanding problems with dissolved oxygen levels in the Yadkin River and extensive pollution problems in High Rock Lake that were created when the company built the Yadkin River Project.  The company has promised to install equipment and perform maintenance to address this problem, but so far has taken no action at the Project.  Alcoa’s critics cite this as one of many examples where APGI has spent more time and effort arguing that it should receive relicensing without a state water quality permit than it has offered concrete solutions to cleaning contamination it generates in its reservoirs.
     
    The FERC ruling means that the governing body did not agree with Alcoa’s claims that the N.C. Division of Water Quality’s 401 water quality certification issued to APGI in May (now on hold due to the Yadkin Riverkeeper’s injunction) was incomplete and thus no longer valid because it requires further action by Alcoa for it to become effective, such as requiring Alcoa to pay a $240 million surety bond for the Project.  That amount was the exact same amount Alcoa claimed it would pay in the RSA if it earned relicensing from the FERC, yet the company argued it was unfair for the state to ask for the payment to be guaranteed.  Although Alcoa wrote in its filing that “There is neither a legal requirement nor a compelling justification to delay action on the license any longer,” FERC members felt otherwise.
     
    “This decision by FERC is a very encouraging sign on many levels,” concluded Naujoks.  “It reaffirmed the basic review process for federal water projects, it respected the rights of the state of North Carolina, and it taught Alcoa that it is not above the law.  I thank FERC again for their wise consideration of the facts.”


    About the Yadkin Riverkeeper®:
    The Yadkin Riverkeeper’s mission is to respect, protect and improve the Yadkin Pee Dee River Basin through education, advocacy and action.  It is aimed at creating a clean and healthy river that sustains life and is cherished by its people.  To achieve this vision, it seeks to accomplish the following objectives: sustain a RIVERKEEPER® program, measurably improve water quality, reestablish native bio-diversity, preserve and enhance the forest canopy, bring legal action to enforce state and federal environmental laws, and teach and practice a “river ethic” of ecological respect to all ages.  For more information, visit http://www.yadkinriverkeeper.org or call 336-293-8105.
     
  • 14-Oct-09 15:04 | Christine Kitchens-Frost (administrator)

    Plant Operator Scott Leonard says Thomasville Town Officials Knew about Massive Sewage Spill, Feels Town Response is Unacceptable and Wants to Set Record Strait
     
    Thomasville NC— Thomasville Plant Operator Scott Leonard contacted Yadkin Riverkeeper Dean Naujoks in August to report that Thomasville officials intentionally underreported a massive sewage spill that poured raw sewage into Hamby Creek for more than twenty days until it was allegedly first discovered by Thomasville officials on August 4th near Baptist Children’s Home Road.
     
    Naujoks contacted EPA Criminal Investigations Division, Special Agent Kevin La Pointe. While the EPA criminal investigation is still pending, it prompted Thomasville officials to suddenly revise their sewage report indicating 15.93 million gallons of raw sewage entered Hamby Creek which is part of the Yadkin/Pee Dee River Basin. Thomasville Public Services Director Morgan Huffman initially reported a sewage spill of only 385,000 gallons to NC Division of Water Quality on Aug. 4 but amended the report Tuesday September 8th when EPA Criminal Investigations Division made an unannounced visit in early September to confiscate records, review plant data and interview plant personal.
     
    Initially Leonard felt satisfied that Thomasville officials amended the report to reflect the city had in fact underreported the sewage spill by more than 15 million gallons. Superintendent Dean Lambith has since resigned for intentionally failing to report the sewage spill prior to August 4th. Town officials repeatedly claimed no one knew about the spill prior to August 4th. The NC Division of Water Quality has also levied a fine of $35,000, while additional penalties and possible arrests could result from the EPA investigation. 
     
    However Leonard grew increasingly frustrated by Thomasville city manger Kelly Craver’s response to the spill. Craver has repeatedly down played environmental impacts to High Rock Lake, indicating a smaller spill likely occurred. Thomasville hired consultants to review plant data in hopes of verifying a smaller sewage spill, possibly amending their report for a third time. Thomasville plans us the consultant’s reports to appeal the $35,000 penalty. Leonard feels officials in addition to Dean Lambith knew about the Thomasville Spill long before August 4th and wants city officials to be honest about what happened at the Hamby Creek Sewage Plant.
     
    According to Leonard, Plant Superintendent Misty Conder allegedly spoke with Thomasville Lab Technician Vince Llenza about a 600,000 gallon per day drop in flow of raw sewage entering the plant back in July. “I believe Public Utilities Director Morgan Huffman and Plant Superintendent Misty Conder both knew raw sewage was flowing into Hamby Creek back in mid July” Leonard said. “The city has known for years their sewage lines were failing but chose to ignore the problem. Let’s all take polygraph test and see who is telling the truth.”  Leonard is now willing to talk to media to set the record strait but many of the facts are pretty clear. 
     
    According to plant data, flow to the Hamby Creek sewage plant dropped on July 13th lasting through Aug. 4, when plant officials initially claimed to have first discovered the spill. The spill resulted from a collapsed manhole cover after heavy rainfall on July 13th, but according to Huffman no one at the plant knew there was a problem at that time, which has since turned out to be false. Superintendent Dean Lambith resigned when it was revealed he failed to report the sewage spill when he first became aware of the spill. Huffman used plant data from August 4th to initially determine 385,000 gallons entered Hamby Creek but it is unclear why plant officials did not look at the plant data prior to August 4th to determine a much larger sewage spill had occurred. The same plant data was used to determine a much larger spill of 15 million gallons occurred.
     
    Dean Naujoks, Yadkin Riverkeeper felt “the city would look foolish amending their report for a third time” and would rather see the city focus it limited resources on addressing the real problem and taking responsibility for its actions. “If Thomasville officials do not trust their own Utilities Director after he thoroughly reviewed all the plant data with the EPA and confidently amended the report indicating a 15.93 million gallon sewage spill, it is time for Thomasville to get new leadership to run their failing sewage plant.” Naujoks said.
     
    EPA officials conducted their investigation based on a report they received from Yadkin Riverkeeper, Dean Naujoks on August 28th. Naujoks received a tip from a Thomasville plant operator who contacted Yadkin Riverkeeper to report plant officials had intentionally underreported the spill totals to the media. NC Law requires sewage spills over 1000 gallons be reported to the media to alert the public about potential health risks. EPA refuses to comment on the details of the investigation, but falsifying data can lead to criminal prosecution.
     
    Plant operator logs from July 16th and again on July 25th clearly indicate operators reported flow coming into the plant had dropped significantly from an average of 2 million gallons a day (MGD) down to 1.2 MGD. The plants flow meters and SCADA also showed a significant drop in flow entering the plant which could only mean a rupture in the cities ageing sewage lines had occurred. Naujoks’ report to EPA also indicated plant employees allegedly reported the spill shortly after it occurred on July 13th. Hamby Creek empties into Abbott’s Creek and eventually High Rock Lake one of the state’s largest recreational lakes and a drinking water supply for the town of Salisbury.
    EPA estimates more than 850 billion gallons of sewage are released into American rivers, lakes and coastal waters every year. Sewage contains disease pathogens, bacteria, toxins, nutrients and oxygen-depleting compounds causing algae blooms, fish kills and dead zones. Sewage also contains antibiotics, hormones and other prescription drugs that are entering drinking-water supplies.
    Thomasville, like many local governments, have struggled to keep pace with development and a growing population. Aging sewer lines and outdated sewage-treatment plants are unable to accommodate additional capacity and become overwhelmed every time it rains. Unfortunately, political leaders in Thomasville and many municipalities fail to adequately invest in sewage infrastructure while giving developers a free pass on paying the true cost for clean water. Huffman told Naujoks the town of Trinity was allegedly overwhelming Thomasville’s sewage collection system and was going to recommend to Thomasville officials to remove Trinity from the Thomasville sewage system. 
  • 12-Sep-09 12:29 | Dean Naujoks (administrator)

    Tip from Yadkin Riverkeeper® Leads to EPA Criminal Investigation after Thomasville Officials Fail to Report 15 million gallon sewage spill

    Environmental Group Demands Accountability and Wants Answers as to Why Plant Management Underreported a Sewage Spill Larger than the Exxon Valdez Oil Spill

    Thomasville NCundefined An EPA criminal investigation prompted Thomasville officials to suddenly revise a sewage report, indicating 15.93 million gallons of raw sewage entered Hamby Creek which is part of the Yadkin/Pee Dee River Basin. Raw sewage poured into Hamby Creek for more than twenty days until it was discovered near Baptist Children’s Home Road. Hamby Creek empties into Abbott’s Creek and eventually High Rock Lake one of the state’s largest recreational lakes and a drinking water supply for the town of Salisbury. Thomasville Public Services Director Morgan Huffman initially reported a sewage spill of only 385,000 gallons to NC Division of Water Quality on Aug. 4 but amended the report Tuesday September 8th when EPA Criminal Investigations Division made an unannounced visit to review plant data.

    EPA officials conducted their investigation based on a report they received from Yadkin Riverkeeper, Dean Naujoks on August 28th. Naujoks received a tip from a Thomasville plant operator who contacted Yadkin Riverkeeper to report plant officials had intentionally underreported the spill totals to the media. NC Law requires sewage spills over 1000 gallons be reported to the media to alert the public about potential health risks. EPA refuses to comment on the details of the investigation, but falsifying data can lead to criminal prosecution.

    The spill first began on July 13 lasting through Aug. 4, when plant officials claim to have first discovered the spill. The spill resulted from a collapsed manhole cover after heavy rainfall on July 13th, but according to Huffman no one at the plant knew there was a problem at that time. Huffman used plant data from August 4th to initially determine 385,000 gallons entered Hamby Creek but it is unclear why plant officials did not look at the plant data prior to August 4th to determine a much larger sewage spill had occurred. When the Dispatch reported the amended spill on Tuesday, Huffman failed to mention EPA Criminal Investigations had spent several days reviewing plant data which led to the amended report.

    Naujoks began his own investigation on Friday once it was clear the EPA had obtained Thomasville plant data for their investigation. Naujoks interviewed plant officials and made copies of the operator logs, flow meter data and the plant’s internal SCADA reports. “Someone is lying about what took place out here because it is clear from the plant’s own data people knew this spill was happening” said Naujoks. “A 15 million gallon sewage spill, larger than the Exxon Valdez oil spill, does not go undetected for 20 days straight without someone knowing it is happening.” 

    Plant operator logs from July 16th and again on July 25th clearly indicate operators reported flow coming into the plant had dropped significantly from an average of 2 million gallons a day (MGD) down to 1.2 MGD. The plants flow meters and SCADA also showed a significant drop in flow entering the plant which could only mean a rupture in the cities ageing sewage lines had occurred. Naujoks’ report to EPA also indicated plant employees allegedly reported the spill shortly after it occurred on July 13th but Public Utilities Director Huffman stated no one at the plant knew the spill occurred until August 4th.

    “I am deeply alarmed about the lack of concern Thomasville officials are displaying regarding this spill. It is appalling to think recreational users at High Rock Lake were swimming in raw sewage for weeks. I hope the town of Salisbury who depends on High Rock Lake for drinking water and property owners who live on High Rock Lake contact Thomasville officials and demand an investigation as well as direct accountability for what happened” said Naujoks. High Rock Lake is already listed on the states 303d list for impaired waters as a result of nutrients and sediment pollution entering the lake.

    EPA estimates more than 850 billion gallons of sewage are released into American rivers, lakes and coastal waters every year. Sewage contains disease pathogens, bacteria, toxins, nutrients and oxygen-depleting compounds causing algae blooms, fish kills and dead zones. Sewage also contains antibiotics, hormones and other prescription drugs that are entering drinking-water supplies.

    Thomasville, like many local governments, have struggled to keep pace with development and a growing population. Aging sewer lines and outdated sewage-treatment plants are unable to accommodate additional capacity and become overwhelmed every time it rains. Unfortunately, political leaders in Thomasville and many municipalities fail to adequately invest in sewage infrastructure while giving developers a free pass on paying the true cost for clean water. Huffman told Naujoks the town of Trinity was allegedly overwhelming Thomasville’s sewage collection system and was going to recommend to Thomasville officials to remove Trinity from the Thomasville sewage system.

    Naujoks told Huffman he would call for his resignation if the city did not immediately conduct an investigation to determine how the incident happened, who is responsible and what the city is going to do to address its failing sewage collection system. “It is unacceptable for plant officials to act as if this is not a big deal and nothing can really be done about it. This is one of the largest sewage spills we have seen in the state over the last ten years. There needs to be accountability for what happened. Thomasville political leaders must provide the necessary funding to rehabilitate leaking sewage lines, develop new collection system designs and commit to upgrading treatment standards or risk potential litigation” Naujoks said.

  • 07-Aug-09 15:53 | Dean Naujoks (administrator)
    Fish Advisory Signs 010.jpgJohn H. Rodgers, Jr., Ph.D., a renowned water quality expert with Clemson University, has released a new study that indicates there is a relationship between the polychlorinated biphenyls (PCBs) used at Alcoa’s Badin Works facility on the Yadkin River and the PCBs found in the fish and sediments in Badin Lake, a 5,300-acre reservoir that empties into the Yadkin through the Narrows Dam.  This conclusion adds further evidence that Alcoa is the source of the PCB contamination found in the lake earlier this year.  The report is embedded below:



    PCB Report






    The document below is the sign displayed around the contaminated area.
    BadinLake- AdvisorySign
  • 20-Jul-09 08:21 | Dean Naujoks (administrator)

    Environmental Group Asks Company to Explain Why it Accepted and Then Denied Conditions for its Permit to Operate the Yadkin Hydroelectric Project

     

    WINSTON-SALEM, N.C.The Yadkin Riverkeeper® has announced a call for Alcoa to explain why it has flip-flopped and decided to appeal its 401 Water Quality Certification from the N.C. Department of Environmental and Natural Resources (NC DENR) for the Yadkin Hydroelectric Project after saying it was fine with the terms of the permit when it was issued May 7. In a petition for contested case hearing filed July 6 with the N.C. Office of Administrative Hearings, Alcoa now claims that the certification was issued unlawfully and objects to having to pay a $240 million surety bond for the Project as well as address dissolved oxygen levels in the four dams along a 38-mile stretch of the Yadkin River that make up the Project. Along with its April 9 appeal of the fish consumption advisory the N.C. Department of Health and Human Services issued Feb. 11 after finding elevated PCBs in fish caught from Badin Lake (a reservoir within the project), Alcoa has rejected virtually every restriction the state has put on it for the Yadkin Hydroelectric Project this year while at the same time claimed to follow all environmental laws for the Project.

     

    Dean Naujoks, the Yadkin Riverkeeper, said Alcoa does not want any limits on its current setup with the Yadkin Hydroelectric Project as it files for another 50-year federal license to operate it, especially ones that will cost it money to comply with environmental regulations that apply to other businesses in North Carolina.

     

    “By filing this petition after previously saying in public they were fine with the terms of the certification, Alcoa has shown it is concerned more with its bottom line than with the needs of North Carolina residents who use the Yadkin River for drinking water, fishing, swimming and other recreational purposes,” said Naujoks. “They even have the gall to conclude that ‘there remains the possibility that additional petitions for contested case will be filed with respect to 401 Water Quality Certification. There are hardly any other conditions DENR issued in the certification that Alcoa has not already objected in this petition.”

     

    “Yadkin Riverkeeper filed suit against NC DENR on May 13 for issuing the Water Quality Certification to Alcoa because we felt the agency failed to exercise its full authority under federal Clean Water Act, which Administrative Law Judge Webster agreed by issuing a temporary injunction. We also felt the NC DENR ignored state laws regarding water quality protections and environmental review, in this case,” added Naujoks.   

     

    “Alcoa is now fighting for the water quality permit they requested yet saying its restrictions are unfair and should be dropped.  Apparently in Alcoa’s view, DENR was right in issuing a permit but wrong in asking the company to correct any of the environmental concerns the permit is supposed to address. Alcoa is putting the public at risk by trying to block the state from posting signs about PCB contaminated fish in Badin Lake, while trying to thwart efforts to address environmental problems linked to Alcoa. If there has ever been any doubt Alcoa is putting their own self interest over the public interest, their petition just erased all doubts. They should be ashamed of themselves! Why is the media ignoring this issue?”

     

    Alcoa states in the petition that it believes North Carolina officials acted erroneously and capriciously in delivering the terms of the water quality certification, the same charge it made regarding the fish consumption advisory. This is in spite of these facts:

     

    • The N.C. Division of Water Quality, which is part of DENR, issued a report in May that acknowledges Alcoa is in violation of water quality standards for dissolved oxygen in the Project, that “significant contamination” exists at the Alcoa site where 47 hazardous waste sites have been identified and that some of the PCBs it found can be traced to Alcoa’s operations.

     

    • PCBs are probable human carcinogens and are associated with other health risks, including anemia; acne-like skin conditions; damage to the liver, stomach or thyroid gland; changes in the immune system or reproductive system; and behavioral problems. Because of those possibilities, the state always issues advisories for bodies of water carrying PCBs that urge pregnant women, nursing women and children under age 15 not to eat fish from them.

     

    When he was appointed Yadkin Riverkeeper, Naujoks reviewed reports of existing contamination at Badin Lake, a 5,300-acre body of water that flows into the river in Stanly County via Narrows Dam. It is one of four reservoirs along a 38-mile stretch of the Yadkin River that comprise the Yadkin Hydroelectric Project. Reports of decades of pollution in the area associated with a now-defunct smelter Alcoa operated near it, including data that Alcoa discharged such contaminants as PCBs into the air, land and waterways, prompted Naujoks to investigate other items regarding the firm’s activities. 

     

    After considerable discussions with all parties involved, Naujoks concluded that Alcoa was a major reason for the contamination at the lake and the river, and the company insufficiently planned to correct it as part of its license renewal application for the Yadkin Hydroelectric Project. Therefore, he opposes its relicensing effort, because his obligations as Yadkin Riverkeeper involve respecting, protecting, and improving the Yadkin Pee Dee River Basin, and Alcoa’s application fails to meet these goals for the river. Its recent filings have only encouraged Naujoks in believing he is pursuing the right course for the Yadkin.

     

    “Alcoa is asking for special treatment by the state, saying it does not have to abide by its regulations ,” added Naujoks. “Let’s face the facts – the river is contaminated, the contamination came from Alcoa, and Alcoa does not want to clean it up or address environmental problems related to the dam operations.” Indeed, the surety bond amount the state requires in its certification is the very same figure Alcoa provided in its Relicensing Settlement Agreement in its federal relicensing application, as it had promised a $240 million investment to upgrade and improve the efficiency of its power generators at the Project. 

     

    “So what is wrong with guaranteeing that you will pay what you say you will pay – unless of course you do not really plan to do so, and sell your project license instead for a tidy profit? Alcoa has denied planning that, but the suspicious circumstances here indicate otherwise, unless officials can explain fully their turnabout on the permit’s conditions. Many other North Carolinians await the news as well.”   

     

    Alcoa must have a 401 Water Quality Certification from DENR in order to proceed with its federal application for another 50 years of overseeing the Yadkin Hydroelectric Project. The Yadkin Riverkeeper filed a motion May 29 to consolidate the appeal of the DENR certification with a similar appeal by Stanly County into one case with the N.C. Office of Administrative Hearings while the cases are pending before the state office. In the meantime, Alcoa continues to operate the Project on an extension of its 50-year license it received from the federal government in 1958.

    About the Yadkin Riverkeeper®:
    The Yadkin Riverkeeper’s mission is to respect, protect and improve the Yadkin Pee Dee River Basin through education, advocacy and action. It is aimed at creating a clean and healthy river that sustains life and is cherished by its people. To achieve this vision, it seeks to accomplish the following objectives: sustain a RIVERKEEPER® program, measurably improve water quality, reestablish native bio-diversity, preserve and enhance the forest canopy, bring legal action to enforce state and federal environmental laws, and teach and practice a “river ethic” of ecological respect to all ages. For more information, visit http://www.yadkinriverkeeper.org or call 336-293-8105.

     

    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.  Naujoks has received American Rivers’ 2009 National “River Hero” Award on behalf of his efforts.

  • 17-Jul-09 15:55 | Dean Naujoks (administrator)

    N.C. Legislative Leaders Discuss Advantages Of State Trust Holding

    License For The Yadkin Hydroelectric Project

     

    RALEIGH, N.C. – The N.C. House Water Resources and Infrastructure Committee conducted a second hearing on July 14 on Senate Bill 967 (Creation of Yadkin River Trust).  The legislation would allow the state to acquire and operate the Yadkin Hydroelectric Project as opposed to Alcoa Power Generating Inc. (“Alcoa”), which has applied for a 50-year federal license to monopolize control of and exploit the water and hydroelectric power generated by North Carolina’s Yadkin River.  The Project includes dams and powerhouses along a 38-mile stretch of the Yadkin River at High Rock, Tuckertown, Narrows and Falls Reservoirs in Davie, Davidson, Rowan, Montgomery and Stanly counties.

     

    Once again, more than 100 citizens from Anson, Davie, Mecklenburg, Montgomery, Richmond, Stanly, Davidson, Cabarrus and Rowan counties attended the meeting in support of the legislation.  Senator Fletcher Hartsell (R-Cabarrus), a primary sponsor of SB 967, reminded the committee members of the importance of the legislation and the fact that SB 967 has “absolutely nothing to do with taking over a private business.”  Senator Hartsell also refuted Alcoa’s claims about the cost of recapturing the license and provided committee members with copies of Alcoa’s license application stating that the re-purchase price is $24.16 million.

     

    Gene Ellis, a spokesman for Alcoa, again read prepared remarks to the committee.  His remarks included the outrageous claim that Alcoa had not opposed the posting of “Fish Consumption Advisory” at Badin Lake.  In response, Bruce Thompson, a lobbyist for Stanly County, showed the committee a copy of the legal filing Alcoa made on April 9, 2009, that challenged the posting of these signs.  According to Thompson, challenging the posting of the warnings was “fundamentally irresponsible, especially in light of the fact that scientists have traced the PCBs in the fish directly to the lake sediments adjacent to Alcoa’s operations.”

     

    Committee Chair Cullie Tarleton (D-Watauga) then called upon Faison Hicks, the Special Deputy Attorney General representing Governor Bev Perdue in the relicensing case before the Federal Energy Regulatory Commission (“FERC”).  Hicks stated that “the Yadkin River’s hydroelectric generating potential, its capacity to function now and in the future as a robust economic development engine for the region’s people, its capacity for supplying the people of the region with water, its recreational and aesthetic resources and its many other invaluable properties should be harnessed and carefully used for the public benefit,” not for an unregulated company that provides no benefit to the State.

     

    Professor Richard Whisnant of the UNC School of Government also made a presentation to the committee, pointing out that water related decisions might differ significantly depending on whether Alcoa or the Yadkin River Trust held the hydro license.  Professor Whisnant focused on five issues that would be affected by who holds the license: (1) operational discretion; (2) adaptive management; (3) charges for water withdrawals; (4) scope and pace of property cleanup; and (5) the licensee as a stakeholder in river-basin issues generally.

     

    Chairman Tarleton then called on questions from committee members.  In response to the questions, Senator Hartsell assured the committee that the legislation is aimed only at this project and would not apply to any utility providers currently regulated by the State as those companies provide great benefits to the citizens of the State.  Senator Hartsell also pointed the committee to Alcoa’s relicensing application where it acknowledged the right of the federal government to have the license returned. 

     

    Senate Bill 967 will establish a Trust for the benefit of the entire state that would develop, sell and distribute hydroelectricity generated by the Project for the benefit of the people of North Carolina, as well as maintain recreational facilities and ensure equitable distribution of water for public purposes at all times.  The Trust will honor aspects of the Relicensing Settlement Agreement (RSA) negotiated by local government and environmental groups in 2008, including water for the City of Albemarle, a comprehensive drought management plan (the “Low Inflow Protocol”), water quality improvements for the Yadkin, and new and expanded public recreation facilities.  It will provide more benefits to state residents than Alcoa’s plan, including priority consideration to local needs, with the intent of restoring and improving environmental, public health, economic and job considerations.  

     

    Related Links:

    www.co.stanly.nc.us

    http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=H1455 

    http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=S967

     

    Quotes:

    “Fifty years ago, Alcoa received a no-bid contract to operate hydroelectric facilities on the Yadkin River for 50 years.  That operating license was issued on behalf of the people of the Yadkin River basin and the State of North Carolina and that license has expired.  It has been so long that we have forgotten that Alcoa is our tenant, and the tenant would have us forget that we are the landlord,” said state Sen. Fletcher L. Hartsell, Jr. (R – Cabarrus). “The lease is up and it is time for the waters of the Yadkin to be returned to the benefit of the citizens.”

     

    “On behalf of the Stanly County Board of Commissioners, we were glad to hear leaders in the legislature endorse the Yadkin River Trust for water access and water quality,” said Stanly County Commissioner Lindsey Dunevant.  “Their comments show that they get it – the Yadkin River is a public water resource that is being neglected by the Project’s current operator in favor of selfish interests rather than the betterment of our state, and that this must change.”

     

    About This Effort:

    In 1958, Alcoa, the world’s leading producer of primary aluminum, secured a federal hydroelectric license for the Yadkin Project on the Yadkin River in Stanly, Davidson, Montgomery and Rowan Counties in the Central Piedmont.  In return, Alcoa promised aluminum manufacturing jobs for Stanly County for years to come.  Alcoa has now essentially disappeared as a major employer in the region and shut down its manufacturing plants, but it wants to continue reaping the benefits of the Yadkin River after its license expires in April of this year.  In addition, Alcoa discharged hazardous pollutants into North Carolina air and waterways for decades while harvesting immense profits from the Yadkin River, but has yet to finish cleaning up that contamination.  It has filed an application with the Federal Energy Regulatory Commission (FERC) to obtain another 50-year license.  If Alcoa is successful, one of North Carolina’s most valuable water resources will be used to maximize Alcoa’s profits, instead of being used to benefit the people of North Carolina, who themselves are in dire need of affordable electricity, local economic development, and clean, adequate drinking water. 

     


  • 10-Jul-09 12:25 | Dean Naujoks (administrator)

    N.C. Legislative Leaders Cite Water Control And Water Quality At

    The Yadkin Hydroelectric Project As Chief Concerns

     

    RALEIGH, N.C. – The N.C. House Water Resources and Infrastructure Committee conducted a hearing on July 7 on Senate Bill 967 (Creation of Yadkin River Trust).  The legislation would allow the state to acquire and operate the Yadkin Hydroelectric Project as opposed to Alcoa Power Generating Inc. (“Alcoa”), which has applied for a 50-year federal license to monopolize control of and exploit the water and hydroelectric power generated by North Carolina’s Yadkin River.  The Project includes dams and powerhouses along a 38-mile stretch of the Yadkin River at High Rock, Tuckertown, Narrows and Falls Reservoirs in Davie, Davidson, Rowan, Montgomery and Stanly counties.

     

    More than 100 citizens from Anson, Montgomery, Stanly, Davidson and Rowan counties attended the meeting in support of the legislation.  They wore stickers asking the committee to “Vote YES on SB 967” to show their support for the legislation.

     

    Senator Fletcher L. Hartsell Jr. (R-Cabarrus), a primary sponsor of SB 967, and Bruce Thompson, a lobbyist for Stanly County, made a presentation in favor of the legislation.  Gene Ellis, a spokesman for Alcoa, read prepared remarks to the committee.  Committee Chair Cullie Tarleton plans to conduct further hearings to address questions from committee members and allow members of the public to comment on the bill.

     

    Refuting Alcoa’s contention that SB 967 is “about taking over a private business,” Sen. Hartsell pointed the committee to Alcoa’s relicensing application where it acknowledged the right of the federal government to have the license returned.  In that application, Alcoa correctly stated federal law in admitting that the re-purchase price is “net investment”, not to exceed “fair value” plus any “severance damages” suffered.  Alcoa’s own application states that the re-purchase price is $24.16 million.

     

    Sen. Hartsell also refuted Alcoa’s claims that it was too late for the federal government to exercise this recapture right, citing FERC’s recent order allowing Gov. Bev Perdue to intervene in the re-licensing case and ask for re-capture on behalf of the people of North Carolina.  Sen. Hartsell also pointed out the promise of creating 1,000 jobs was the reason Alcoa received a 50-year license to operate the hydro facilities in 1958.  With the shuttering of the Badin Aluminum Works and the resulting loss of 1,000 manufacturing jobs, there is no longer a public benefit upon which to base another license for Alcoa.

     

    Thompson spoke to the members about Alcoa’s poor stewardship of the precious water resources in the Yadkin and the reservoirs.  He informed the committee that the N.C. Division of Public Health conducted a fish tissue study at Badin Lake and found elevated levels of PCBs in the fish.  In order to warn the public, DPH ordered a “Fish Consumption Advisory” and required signs to be posted at the lake.  However, Alcoa fought the warnings through a legal challenge.  According to Thompson, “this is a move that is fundamentally irresponsible, especially in light of the fact that our experts have traced those PCBs directly to the lake sediments adjacent to Alcoa’s operations.”

     

    SB 967 will establish a Trust for the benefit of the entire state that would develop, sell and distribute hydroelectricity generated by the Project for the benefit of the people of North Carolina, as well as maintain recreational facilities and ensure equitable distribution of water for public purposes at all times.  The Trust will honor aspects of the Relicensing Settlement Agreement (RSA) negotiated by local government and environmental groups in 2008, including water for the City of Albemarle, a comprehensive drought management plan (the “Low Inflow Protocol”), water quality improvements for the Yadkin, and new and expanded public recreation facilities.  It will provide more benefits to state residents than Alcoa’s plan, including priority consideration to local needs, with the intent of restoring and improving environmental, public health, economic and job considerations.  

     

    Gov. Perdue has intervened at FERC on behalf of the State of North Carolina, as well as in the certification injunction.  If approved and made into law, the Yadkin River Trust would provide FERC officials with the option of rejecting Alcoa’s application in favor of allowing the State of North Carolina to pursue ownership of the Yadkin Hydroelectric Project through the federal government.

     

    Related Links:

    www.co.stanly.nc.us

    http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=H1455   

    http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=S967  

     

    Quotes:

    “Fifty years ago Alcoa received a no-bid contract to operate hydroelectric facilities on the Yadkin River for 50 years.  That operating license was issued on behalf of the people of the Yadkin River basin and the State of North Carolina, and that license has expired.  It has been so long that we have forgotten that Alcoa is our tenant, and the tenant would have us forget that we are the landlord,” said Sen. Hartsell.  “The lease is up, and it is time for the waters of the Yadkin to be returned to the benefit of the citizens.”

     

    “On behalf of the Stanly County Board of Commissioners, we were glad to hear leaders in the legislature endorse the Yadkin River Trust for water access and water quality,” said Stanly County Commissioner Lindsey Dunevant.  “Their comments show that they get it – the Yadkin River is a public water resource that is being neglected by the Project’s current operator in favor of selfish interests rather than the betterment of our state, and that this must change.”

     

    About This Effort:

    In 1958, Alcoa, the world’s leading producer of primary aluminum, secured a federal hydroelectric license for the Yadkin Project on the Yadkin River in Stanly, Davidson, Montgomery and Rowan Counties in the Central Piedmont.  In return, Alcoa promised aluminum manufacturing jobs for Stanly County for years to come.  Alcoa has now essentially disappeared as a major employer in the region and shut down its manufacturing plants, but it wants to continue reaping the benefits of the Yadkin River after its license expires in April of this year.  In addition, Alcoa discharged hazardous pollutants into North Carolina air and waterways for decades while harvesting immense profits from the Yadkin River, but has yet to finish cleaning up that contamination.  It has filed an application with the Federal Energy Regulatory Commission (FERC) to obtain another 50-year license.  If Alcoa is successful, one of North Carolina’s most valuable water resources will be used to maximize Alcoa’s profits, instead of being used to benefit the people of North Carolina, who themselves are in dire need of affordable electricity, local economic development, and clean, adequate drinking water. 

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