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Regulating the Regulators: WVDEP Forced to Issue Permits to Itself
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Commonly know as the "Keeley Decision", an opinion of the 4th Circuit Court in West Virginia.
As seen on COAL POWER, published by POWER magazine.
On November 8, 2010, the U.S. Court of Appeals for the Fourth Circuit issued its decision in West Virginia Highlands Conservancy, et al. v. Huffman (Appeal No. 09-1474). It's an opinion that should be of great interest to government agencies and others who find themselves in a position of seeking to remediate water quality problems left by third parties. The appeals court decision in Huffman affirmed a district court ruling requiring that the West Virginia Department of Environmental Protection (WVDEP) issue National Pollutant Discharge Elimination System (NPDES) permits to itself, to address water discharges emanating from abandoned coal mining sites.
Though the case dealt with so-called bond forfeiture sites (areas that were permitted after passage of the federal Surface Mining Control and Reclamation Act of 1977), the legal principles that lie behind the decision are equally applicable to work done at mining sites that were abandoned before 1977 (abandoned mine lands or AML sites), for which no site-specific bond monies are available. In essence, the Fourth Circuit held that the federal Clean Water Act establishes a structure whereby states that are delegated NPDES permitting authority are also required, by virtue of that delegation, to regulate themselves.
The case arose in the context of an effort by the WVDEP to use monies available in its "Special Reclamation Fund" to address acid mine drainage problems at various bond forfeiture sites in northern West Virginia. Under state law, the WVDEP is required to "take the most effective actions possible to remediate acid mine drainage" at such sites. In most cases, this takes the form of in-stream treatment works such as waterwheels, which mechanically release neutralizing agents, bringing the stream back to a more healthy condition. Here, the plaintiff groups took the position that this kind of effort devoted to actual stream conditions "was not enough." Instead, plaintiffs pressed the district court to require that the WVDEP issue NPDES permits to itself for each site, regulating the types and concentrations of pollutants in discharges from those sites, requiring monthly reporting (to itself), and exposing the Mining and Reclamation Division of the WVDEP to potential enforcement actions brought by the WVDEP for violations of effluent limits and other NPDES permit conditions.
Though there can be little doubt that imposing these obligations will increase the costs of such reclamation projects—and thereby reduce the number of areas that may be remediated—the Fourth Circuit agreed with the district court's decision requiring that NPDES permits be obtained.
In so ruling, the appeals court emphasized several principles that would apply to any person who seeks to treat water discharging from property that he or she owns or controls. Of primary importance is the observation that "there is simply no causation requirement in the [Clean Water Act]." In other words, that statute "takes the water's point of view: water is indifferent about who initially polluted it so long as pollution continues to occur." Equating the WVDEP to a subsequent "operator" of a mine, the court held that whenever an owner abandons a mine, any other person who steps in to address polluted runoff at that mine site becomes "the party responsible for obtaining a permit."
The Clean Water Act, the court pointed out, is a "broadly worded statute." Thus, when that statute prohibits the discharge of "any pollutant by any person," it means just that. In the words of the court: " 'Any' is a powerful statutory term. The Clean Water Act uses it frequently." In short, the court's opinion is fair warning to anyone who would try to tiptoe around the implications of these statutory prohibitions—regardless of how good one's intentions may be.
Recognizing that the Special Reclamation Fund represents a limited pool of recourses available to address a large number of bond forfeiture and AML sites, is easy to foresee that the immediate result of this decision will be to restrict the number of such sites that the WVDEP is able to address. This would presumably be contrary to the goals of the conservancy groups that brought the lawsuit. However, looking beyond the short-term implications, it is also reasonable to expect that this decision will lead to a renewed push for both an increase in the $5,000-per-acre cap on bonds for coal mine permits and more frequent denials of permit applications where it can be shown that long-term water treatment may be required after mining. Under either or both of those scenarios, the ultimate result will likely be less coal mined in West Virginia, which would be consistent with the plaintiff groups' goals.
Though the potentially severe consequences of this decision are evident based upon existing law and regulations, the federal Environmental Protection Agency (EPA) recently initiated an effort in this region that may make the situation even worse. Specifically, on April 1, 2010, the EPA published "Guidance" that imposes a pseudo water quality standard for conductivity—limited in its application to coal mining sites in the Appalachian states (including West Virginia). The WVDEP, which has its own narrative water quality policy that is intended to address the aquatic ecology concerns cited in the EPA's guidance, has challenged that policy in federal court. According to the WVDEP's complaint, the EPA is improperly usurping the role of the state in setting water quality standards under the Clean Water Act, and the proposed conductivity "threshold" represents "an overbroad, generic criterion" that is "unattainable" at many sites.
The application of the April 1, 2010, EPA guidance will not only greatly restrict permitting of new coal mines; if applied to bond forfeiture and AML sites, it will also further reduce the number of those areas that may be remediated by the WVDEP. Nevertheless, on November 16, 2010—eight days after the Fourth Circuit's decision in Huffman—a number of groups petitioned the court to intervene on behalf of the EPA, to help it defend its action. Included among that group: the West Virginia Highlands Conservancy, lead plaintiff in Huffman.
These legal skirmishes may be all about coal. But other industries—and those who regulate them—should keep a close watch on how far mining opponents are allowed to go in hampering all efforts to maintain an effective permitting program.
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Posted by admin on Thursday, 09 December 2010 (13:05:53) CST (589 reads)
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GROWING GREENER PROJECTS (2008)
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N E W S R E L E A S E COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
Dept. of Environmental Protection
Commonwealth News Bureau
Room 308, Main Capitol Building
Harrisburg, PA 17120
FOR IMMEDIATE RELEASE
2/20/2009
CONTACT:
Teresa Candori, DEP
Phone: (717) 787-1323
GOVERNOR RENDELL ANNOUNCES MORE THAN $21.5 MILLION INVESTMENT IN 144 GROWING GREENER PROJECTS TO IMPROVE WATER QUALITY
HARRISBURG – Governor Edward G. Rendell today announced the investment of more than $21.5 million in 144 Growing Greener projects to reduce pollution from stormwater runoff and farms, treat acid mine drainage, reduce flooding and improve water quality across the commonwealth.
The funds are being distributed to non-profit organizations, watershed groups and county and municipal governments to address local and regional water quality issues.
“The vast majority of the work to improve water quality and treat Pennsylvania’s mine drainage and pollution problems is done by community volunteers and local governments, and the role of the Growing Greener program is to provide support to these organizations so that this work can continue,” Governor Rendell said. “Many of these projects are modest in size but they make significant contributions to the health of our waterways, which improves our quality of life and creates opportunities for economic development in communities affected by historic pollution or flooding problems.”
Funded projects include educational programs, scientific studies and youth volunteer opportunities such as an ongoing program that enlists local high school students to perform riparian buffer planting on local farms and streams in Crawford County. Dam removal projects that will improve streamflow and aquatic habitat will be funded in Chester, Lycoming and Montgomery counties, and funding is provided for repairs, upgrades and improvements to urban stormwater control infrastructure.
“The Growing Greener program has been a tremendous success for Pennsylvania, investing millions of dollars to help communities and local residents fix historic problems and take on new challenges in all 67 counties,” Rendell said.
Growing Greener grants are used to create or restore wetlands, restore stream buffer zones, eliminate causes of nonpoint source pollution, plug oil and gas wells, reclaim abandoned mine lands and restore aquatic life to streams that were lifeless due to acid mine drainage.
Voters overwhelmingly approved the $625 million Growing Greener II initiative in May 2005 to clean up rivers and streams; protect natural areas, open spaces and working farms; and shore up key programs to improve quality of life and revitalize communities across the commonwealth.
A detailed list of the projects is available online at www.growinggreener2.com.
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The Rendell administration is committed to creating a first-rate public education system, protecting our most vulnerable citizens and continuing economic investment to support our communities and businesses. To find out more about Governor Rendell's initiatives and to sign up for his weekly newsletter, visit www.governor.state.pa.us.
EDITOR’S NOTE: The following is a list by county of the $3.7 million in Growing Greener Non-Point Source Pollution Control grants:
ALLEGHENY COUNTY
Pine Creek Land Conservation Trust -- $46,641 for the Crouse Run stream restoration project.
BEDFORD COUNTY
Broad Top Township -- $49,500 for design and construction of a passive mine drainage treatment system on Brewster Hollow Run to improve water quality in Six Mile Run.
BUTLER COUNTY
Stream Restoration Incorporated -- $720,245 for design and construction of a passive mine drainage treatment system at the McIntyre discharge on the headwaters of Blacks Creek.
CLEARFIELD COUNTY
Lawrence Township -- $47,465 for design and permitting of a passive mine drainage treatment system to treat three mine discharges from abandoned underground mines that pollute Montgomery Creek which supplies drinking water to the city of Clearfield.
Pike Township -- $110,022 to design a mine drainage treatment system on the first and most damaging set of discharges on Little Anderson Creek. The six-phase project will take three years to complete.
DAUPHIN COUNTY
Dauphin County Conservation District -- $75,000 to install a liner in the final polishing pond at the Bear Creek mine drainage system to eliminate leaks.
Dauphin County Conservation District -- $52,500 to install agricultural best management practices as part of the Phase II restoration of Conewago Creek.
ERIE COUNTY
Erie County Conservation District -- $150,000 to implement nutrient and sediment loading reductions to improve water quality in the Trout Run watershed.
JEFFERSON COUNTY
Jefferson County Conservation District -- $30,300 to complete final design of a passive mine drainage treatment system on the headwaters of the Nye Branch, a tributary in the headwaters of Pine Run watershed.
Jefferson County Conservation District -- $25,300 to re-design the mine drainage treatment system for numerous mine discharges on Caylor Run.
LANCASTER COUNTY
Lancaster County Conservation District -- $101,187 to stabilize 3,200 feet of eroding streambank on Mill Creek and install cattle-exclusion fencing and riparian buffers on four farms as part of Phase 1 of the Mill Creek stream restoration project.
LUZERNE COUNTY
Harveys Lake Borough -- $262,534 to reduce non-point source pollution into Pennsylvania’s largest natural lake.
MIFFLIN COUNTY
Mifflin County Conservation District -- $414,229 to implement cost-effective agricultural best management practices to reduce nutrient and sediment impairment in the Upper Kishacoquillas Creek watershed.
Mifflin County Conservation District -- $220,084 to implement cost-effective agricultural Best Management Practices to reduce nutrient and sediment impairment in the Hungry Run Watershed.
MULTIPLE COUNTIES
League of Women Voters of Pennsylvania Citizen Education Fund -- $95,000 for Water Resources Education Network Grants to fund local watershed initiatives by community-based partnerships.
Luzerne Conservation District - $123,500 to provide technical advice and services to watershed groups through the Eastern Pennsylvania Coalition for Abandoned Mine Reclamation
Pennsylvania Association of Conservation Districts -- $143,700 to continue support of the Pennsylvania Nonpoint Source Pollution Education Office which provides education and financial support to municipalities, watershed groups, conservation districts and the general public.
Tri-County Conewago Creek Association -- $222,000 for Phase II of the Hershey Meadows Stream Restoration Project to restore 2,700 feet of the Conewago Creek and create 15 acres of wetlands.
Western Pennsylvania Coalition for Abandoned Mine Reclamation -- $123,500 to provide technical advice and services to watershed groups through the Western Pennsylvania Coalition for Abandoned Mine Reclamation.
WESTMORELAND COUNTY
Borough of Mount Pleasant -- $475,250 to retrofit commercial and residential stormwater systems with volume control and infiltration best management practices in a priority watershed impaired by urban stormwater runoff.
Jacobs Creek Watershed Association -- $167,500 to design and install bio-retention stormwater volume control on municipal and commercial parking lots as part of the Scottdale Stormwater Retrofit Project.
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EDITOR’S NOTE: The following is a list by county of the $3 million in Growing Greener Abandoned Mine Drainage / Abandoned Mine Lands Reclamation grants:
ALLEGHENY COUNTY
Horticultural Society of Western Pennsylvania -- $226,300 to design a network of underground drains and ponds to collect and treat mine drainage discharges for use in irrigation at the Botanic Garden of Western Pennsylvania.
BUTLER COUNTY
Bear Creek Watershed Association -- $393,986 for Phase 1 and 2 restoration of the Young Mine Complex.
CLEARFIELD COUNTY
Clearfield County Conservation District -- $300,699 for construction of a mine drainage treatment system on Morgan Run.
Emigh Run/Lakeside Watershed Association -- $374,945 to construct a passive mine drainage treatment system to treat two mine discharges on Emigh Run.
CLINTON COUNTY
Clinton County Conservation District -- $148,528 to expand and improve an existing mine drainage treatment system to improve system performance and treat additional mine discharges on the South Fork Tangascootack, a tributary of the West Branch Susquehanna.
LUZERNE COUNTY
Earth Conservancy -- $400,000 to partly fund reclamation of a former strip mine to reduce acid mine drainage to the Nanticoke Creek watershed and prepare the land for residential, recreational and economic uses.
MULTIPLE COUNTIES
Altoona City Authority -- $27,000 to install a spillway at the Bells Gap Run watershed improvement project that diverts a stream away from abandoned mine into the Bellwood Reservoir for use as public drinking water.
NORTHAMPTON COUNTY
Slate Belt Council of Governments -- $1,000,000 to reclaim a hazardous abandoned slate quarry using 1.4 million cubic yards of on-site slate refuse, and prepare the site for commercial purposes.
WESTMORELAND COUNTY
Saint Vincent College -- $128,542 to design and construct an iron sludge dewatering basin at the Monastery Run mine drainage system to improve system performance and allow for the recovery and sale of iron oxide.
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EDITOR’S NOTE: The following is a list by county of the $6.8 million in Growing Greener II Watershed Protection grants:
ARMSTRONG COUNTY
Armstrong Conservation District -- $479,017 to install agricultural best management practices to reduce pollution in Patterson Run.
BERKS COUNTY
Berks County Conservation District -- $90,435 to install agricultural best management practices including a manure storage facility on three farms in the Maiden Creek watershed.
Borough of Kutztown -- $54,932 to install agricultural best management practices to protect the borough’s drinking water wells.
BLAIR COUNTY
Logan Township -- $120,000 for stream bank restoration along 4,900 feet of Mill Run.
BRADFORD COUNTY
Canton Township -- $230,000 to stabilize stream banks, install agricultural best management practices and institute nutrient management plans on farms in the Towanda Creek watershed.
BUTLER COUNTY
Butler County Conservation District -- $78,750 to install agricultural best management practices in the Buffalo Creek watershed.
Butler County Conservation District -- $41,580 to install agricultural best management practices in the Connoquenessing Creek watershed.
CENTRE COUNTY
Centre County Conservation District -- $198,884 to install sediment and nutrient reducing best management practices in the headwaters of Penns Creek.
Centre County Conservation District -- $16,500 to install sediment and nutrient reducing best management practices
CHESTER COUNTY
Brandywine Conservancy -- $107,228 to breach and remove Copola Mill Dam and Lewis Mill Dam across East Branch Brandywine Creek.
Chester County Conservation District -- $141,720 for streambank restoration, in-stream improvements, stream corridor restoration including buffer plantings, and stormwater management projects in the Plum Run watershed.
CLEARFIELD COUNTY
Mosquito Creek Sportsmen's Association -- $70,000 to resurface roads and ditches with limestone to add alkalinity to runoff waters from roads that parallel Mosquito Creek, an acid precipitation impaired watershed.
CRAWFORD COUNTY
Allegheny College -- $36,595 to create rain gardens at the new Admissions Center of Allegheny College to control stormwater run off to reduce silt and sediment entering French Creek.
DELAWARE COUNTY
Lansdowne Borough -- $87,060 for construction of channel improvements, bank restoration, riparian plantings, and stormwater management improvements to Hoffman Park.
Springfield Township -- $63,096 to construct stormwater management controls at the township municipal complex.
ELK COUNTY
Elk County Freshwater Association -- $393,000 to design and construct two acid remediation systems to improve water quality in tributaries of Big Mill Creek.
ERIE COUNTY
Erie County Conservation District -- $200,000 to restore 500 feet of streambank and institute stormwater best management practices within the Cascade Creek watershed. Stabilization will be conducted in Frontier Park which will improve water quality, reduce erosion and sedimentation, provide aesthetic improvements, and serve as an education and promotion tool for the thousands of park visitors every year.
GREENE COUNTY
Greene County Conservation District -- $97,721 for stream bank stabilization and protection along Whiteley Creek.
LACKAWANNA COUNTY
Lake Wallenpaupack Watershed Management District -- $40,530 to install agricultural best management practices in the Wallenpaupack Creek watershed.
LAWRENCE COUNTY
Lawrence County Conservation District -- $16,950 for restoration of the nutrient-impaired Deer Creek using natural stream channel design, riparian buffer, and aquatic habitat structures.
LEHIGH COUNTY
Upper Macungie Township -- $78,081 to develop and restore a riparian buffer along Schaefer Run.
LUZERNE COUNTY
West Wyoming Borough -- $151,750 to provide a stable, properly sized stormwater channel and culvert system along West Wyoming/Exeter Boroughs property to convey stormwater flows from a low lying area to an existing pump station.
LYCOMING COUNTY
Black Hole Creek Watershed Association -- $108,522 to breach and remove the Allenwood Federal Prison Dam and restore the stream to a free-flowing condition.
Lycoming County Commissioners -- $66,000 to restore 1,300 feet of Lycoming Creek to its original location through the use of channel blocks. The original location will be enhanced through the use of habitat improvement structures, which will make the creek deeper, narrower and more shaded. The existing wide, shallow location will be developed into step pools to provide habitat and flood mitigation
MERCER COUNTY
Mercer County Conservation District -- $102,622 for stabilization of severely eroded stream banks on Powdermill Run.
Shenango River Watchers -- $24,634 for installation of a pervious gravel drive to reduce erosion at the Riverside Park canoe launch.
Shenango River Watchers -- $18,709 for bank stabilization of former illegal dump along Shenango River and creation of riparian buffer.
MONTGOMERY COUNTY
Lower Providence Township -- $18,935 to retro-fit and naturalize three township owned stormwater detention basins in residential areas in the Perkiomen Creek watershed in Lower Providence Township.
Montgomery County Conservation District -- $69,735 to complete the retro-fit of the Plymouth Regional Stormwater Basin including design and construction of several sediment forebays and conversion of one acre of turfgrass to meadow.
Perkiomen Watershed Conservancy -- $106,705 to design and construct a wetland to manage stormwater on township property in the Scioto Creek watershed in Upper Frederick Township.
Upper Merion Township -- $483,402 to remove the partially breached Sumner Dam and remove impounded sediments, restoring approximately 1600 feet of stream channel and riparian habitat.
MONTOUR COUNTY
Montour County Conservation District -- $61,434 to install agricultural best management practices on three farms within the Chillisquaque Creek watershed to reduce sediment and nutrient impacts.
MULTIPLE COUNTIES
Schrader Creek Watershed Association – $414,260 for construction of two mine drainage treatment systems and application of lime and limestone to restore the headwaters of Schrader Creek and its tributaries.
Western Pennsylvania Conservancy -- $248,654 to address agriculturally impaired watersheds through best management practices in large areas of northern Bedford and southern Blair counties.
Western Pennsylvania Conservancy -- $103,650 to augment other funding in order to address excessive sedimentation and nutrient loading on farms in the Little Mahoning Creek Watershed.
NORTHUMBERLAND COUNTY
Northumberland County Conservation District -- $36,000 to construct roofed poultry manure storage in the Chillisquaque watershed.
PHILADELPHIA COUNTY
Friends of the Wissahickon -- $100,000 for forest habitat reclamation and a comprehensive renovation of the hiking and biking trail network in the Wissahickon Valley Park.
New Kensington Community Development Corporation -- $112,000 to design and install in-street vegetated stormwater collectors to reduce stormwater volume entering the local combined sewer system as part of the Columbia Avenue Green Corridor project.
SOMERSET COUNTY
Somerset County Conservation District -- $182,078 to install agricultural best management practices to address sediment problems in Glades Creek.
TIOGA COUNTY
Tioga County Concerned Citizens Committee -- $295,000 to construct passive alkalinity generating systems to address non-mine drainage pollution caused primarily by acid rain that impacts the headwaters of the Fall Brook watershed.
Tioga County Conservation District -- $227,107 to improve dirt and gravel roads within the headwaters of Wilson Creek.
Tioga County Conservation District -- $175,000 to install agricultural best management practices to reduce sediment and nutrient runoff to Wilson Creek.
WARREN COUNTY
Warren County Conservation District -- $175,550 to implement the Small Farm Agricultural Stewardship Program and install agricultural best management practices.
WESTMORELAND COUNTY
Pucketa & Chartiers Watershed Association -- $73,975 for stream restoration on Chartiers Run in Wolfpack Park.
Westmoreland County Conservation District -- $133,485 to implement agricultural best management practices in the Stony Run watershed including fencing, stream crossings, water troughs, stream stabilization, grassed waterways, and spring development.
WYOMING COUNTY
Lake Carey Welfare Association -- $308,939 for installation of stormwater best management practices to reduce total phosphorus loading to Lake Carey.
YORK COUNTY
Izaak Walton League of America, Inc., York Chapter 67 -- $100,000 for installation of best management practices on the Nixon Park tributary to the East Branch Codorus Creek.
Watershed Alliance of York County -- $268,537 to continue stream restoration work in the Pine Run tributary to the North Branch Muddy Creek Watershed.
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EDITOR’S NOTE: The following is a list by county of the $8 million in Growing Greener Watershed Protection grants:
ALLEGHENY COUNTY
Borough of Plum -- $104,862 to evaluate and develop a stormwater management retrofitting program for approximately 32 stormwater basins within the borough.
South Fayette Conservation Group -- $14,537 to conduct a visual assessment of the Millers Run, Robinson Run and Coal Run watersheds within South Fayette Township.
ARMSTRONG COUNTY
Armstrong Conservation District -- $29,300 to stabilize an active landslide approximately 150 feet in length on Scrubgrass Creek.
BRADFORD COUNTY
Sugar Creek Watershed Association -- $78,530 to construct stream stabilization structures to reduce sediment loading on Wallace Run.
BUCKS COUNTY
Bucks County Conservation District -- $47,000 for an assessment of the Aquetong watershed.
BUTLER COUNTY
Butler County Conservation District -- $78,750 for installation of agricultural best management practices to reduce nitrogen and phosphorus runoff in the Connoquenessing Creek.
CAMBRIA COUNTY
Cambria County Conservation District -- $43,500 stabilize 2000 feet of eroded shoreline along Glendale Lake.
Clearfield Creek Watershed Association – $43,000 to design and permit a mine drainage treatment system to treat the third largest acidic discharge on the upper reaches of Clearfield Creek.
CARBON COUNTY
Jim Thorpe Borough -- $263,870 for reconstruction of Slaughterhouse Creek.
CENTRE COUNTY
Beech Creek Watershed Association, Inc. -- $47,028 to develop a completed design package ready for construction bidding, as well as all necessary permitting for reclamation of an abandoned mine.
Centre County Conservation District -- $135,319 to install agricultural best management practices in the Little Fishing Creek watershed.
CHESTER COUNTY
Brandywine Valley Association -- $95,000 for restoration of the Leadline Lane stream.
Natural Lands Trust -- $185,500 to remove the Stroud Dam across a tributary to East Branch Brandywine Creek and restore approximately 1,800 feet of stream habitat.
Stroud Water Research Center -- $239,179 to install stormwater best management practices, water reuse practices and on-site treatment of sewerage at the Stroud Water Research Center.
Tredyffrin Township -- $210,326 to construct a green roof at the existing Hillside Elementary School.
West Chester University -- $22,000 to provide data, education, and outreach about constructed ponds in the Brandywine watershed to planning organizations, students, and the public.
CLEARFIELD COUNTY
Clearfield County Conservation District -- $47,465 for design, mapping and permitting for the Dimeling Discharge mine drainage treatment system.
Clearfield County Conservation District -- $2,000 for sample collection and analysis, design, permitting and bid document preparation for construction of a mine drainage treatment system on Morgan Run.
CRAWFORD COUNTY
Crawford County Conservation District -- $35,000 to reduce phosphorus loading and stormwater volume entering Conneaut Lake.
Crawford County Conservation District -- $15,778 to continue an initiative that enlists local high school students to perform riparian buffer planting on local farms and streams.
DAUPHIN COUNTY
City of Harrisburg -- $300,000 to design, permit and construct a stream corridor rehabilitation project along the lower reaches of Asylum Run, a tributary of Paxton Creek.
Dauphin County Conservation District -- $105,000 to install agricultural best management practices as part of the Phase III restoration of the Little Wiconisco Creek.
Dauphin County Conservation District -- $52,500 to install agricultural best management practices to reduce sediment and nutrient pollution on a tributary of Bow Creek.
DELAWARE COUNTY
Delaware County Executive Director -- $167,597 to stabilize approximately 1,000 feet of streambank as part of the construction of the Chester Creek Trail.
Villanova University -- $251,672 to evaluate, assess and monitor the benefits of evapotranspiration in several existing stormwater best management practices at Villanova University.
ELK COUNTY
Toby Creek Watershed Association -- $40,000 to retrofit the Blue Valley facility to treat water with Activated Iron Solids instead of the high cost chemical oxidant potassium permanganate.
ERIE COUNTY
Erie County Conservation District -- $65,000 to conduct on-lot septic system education and outreach in the Walnut Creek watershed.
Penn State University -- $91,900 to restore or protect over 40 acres of riparian buffer in the Bear Run watershed.
Redevelopment Authority of the City of Erie -- $64,846 to incorporate innovative stormwater best management practices into a redevelopment project in the City of Erie.
HUNTINGDON COUNTY
Huntingdon County Conservation District -- $54,671 to install agricultural best management practices.
INDIANA COUNTY
Blackleggs Watershed Association, Inc. -- $225,000 to permit and construct a mine drainage treatment system on Whisky Run within the Blackleggs Creek watershed.
LEBANON COUNTY
Lebanon Valley Conservancy -- $90,000 for the Quittie Creek Nature Park stream restoration project.
LUZERNE COUNTY
West Wyoming Borough -- $80,005 to create a watershed management plan for Abrahams Creek focused on reducing future flood risk, stream erosion and standing water problems.
Exeter Borough -- $120,750 for Slocum Basin bank stabilization to minimize streambank erosion and its impact on water quality.
Wyoming Borough -- $177,135 for restoration and stream bank stabilization of Abrahams Creek.
MIFFLIN COUNTY
Mifflin County Conservation District -- $226,763 to implement grazing best management practices for five farms.
Mifflin County Conservation District -- $79,177 to address non-point source pollution on Tea Creek.
MONROE COUNTY
Brodhead Watershed Association -- $116,008 to design and permit natural stream channel restoration on Paradise Creek near Red Rock Road.
MULTIPLE COUNTIES Alliance for the Chesapeake Bay -- $106,500 to partner with DEP and DCNR to establish or improve Forest Riparian Buffers, encourage permanent protection of buffers and plant 225 large urban trees in DEP priority watersheds within metropolitan areas.
American Farmland Trust -- $300,000 to expand on a pilot project that demonstrated reductions in nitrogen applications to farmlands via an incentive program.
Appalachian Mountain Club -- $37,500 to promote the water model, develop a clearinghouse for watershed planning, map lands in need of protection, and identify indicators of watershed health in the federally designated Appalachian Highlands.
Chesapeake Bay Foundation -- $246,600 for demonstration projects to address livestock nutrient best management practices and techniques for improved survival of tree seedlings.
Clarion County Commissioners -- $100,000 to help fund water quality improvement activities in priority watersheds throughout the eight county Northwest Commission territory.
Columbia County Conservation District -- $10,437 for creation and support of the Briar Creek Association for Watershed Solutions.
EMARR Inc. -- $235,000 to design a system to treat mine water from the Green Mountain and Audenried discharges to create a potable water supply for the Humboldt Industrial Park and power a hydroelectric plant to operate the treatment system.
Endless Mountains Resource Conservation and Development Council, Inc. -- $74,550 to host nine stormwater and floodplain related workshops, produce at least two informal publications and implement one demonstration project in each county to educate the public and municipalities about proactive approaches to flooding.
Foundation for PA Watersheds -- $100,000 to create a Watershed Advocacy Center to help watershed associations address organizational development and capacity building issues.
Moshannon Creek Watershed Coalition -- $39,190 to design, permit, and engineer a mine drainage treatment system to treat a mine discharge at the headwaters of Moshannon Creek, a major tributary to the West Branch Susquehanna.
Pennsylvania Association of Conservation Districts, Inc. -- $443,750 to provide engineering assistance to entities developing or implementing watershed protection or restoration plans.
Pennsylvania Horticultural Society -- $250,000 to continue support for TreeVitalize, a public/private partnership that is restoring tree cover in the 5-county area of southeastern PA.
Pennsylvania State University -- $61,869 to replace Unpaved Road Assessment software that is no longer supported.
Pocono Northeast Resource Conservation & Development Council -- $350,000 to fund the Consortium for Scientific Assistance to Watersheds, a collaboration of service providers who provide services to watershed organizations and municipalities to assist groups in building sustainability.
Schrader Creek Watershed Association -- $31,000 to investigate the effects of landscape liming on acid rain impacts in Schrader Creek.
The Nature Conservancy -- $236,903 to develop a GIS based tool to simulate baseline streamflow conditions to compare with current and future conditions and to assess the impacts of human activities on streamflow.
Western Pennsylvania Coalition for Abandoned Mine Reclamation -- $130,000 to provide funding for emergency repairs of eligible best management practices.
Western Pennsylvania Conservancy -- $125,000 to continue their technical assistance program to watershed groups, conservation districts, schools and other organizations.
Western Pennsylvania Conservancy -- $47,087 to develop a guide for Wetland Community identification.
POTTER COUNTY
Potter County Conservation District -- $10,860 to fund startup of the First Fork Sinnemahoning Watershed Association.
SOMERSET COUNTY
Somerset County Conservation District -- $240,240 to collect and analyze data to determine where sediment pollution in the Laurel Hill Creek is originating, in what amounts and its relationship to high stream flow levels.
Somerset County Conservation District -- $30,900 to fund Phase II of the Laurel Hill Creek Water Resource Management Plan.
Somerset County Conservation District -- $25,935 to limestone sand-dose two acidic tributaries to Elklick Creek in order to counteract natural and mine drainage acidity within the stream system. This added alkalinity will boost productivity within the trout fishery on Elklick Creek.
SUSQUEHANNA COUNTY
Susquehanna County Conservation District -- $74,278 to conduct a biological and physical assessment of the Dubois Creek and develop a restoration plan to address flood damages from the June 2006 flood.
TIOGA COUNTY
Tioga County Conservation District -- $102,297 to create a stable channel on Roaring Branch that will transport sediment under the Route 4 bridge and prevent scour of the bridge abutments and footings.
WESTMORELAND COUNTY
Turtle Creek Watershed Association -- $370,446 for the design and permitting of a passive mine drainage treatment system to treat the Irwin discharge, the largest acid mine discharge in Westmoreland County.
YORK COUNTY
Watershed Alliance of York County -- $57,138 to reduce the volume of stormwater entering Tyler Run as well as increase water quality through the stabilization of stream banks in the Tyler Run Greenway.
York Township -- $200,000 to reduce sediment erosion, and reduce sediment and nutrients from Mill Creek entering the Chesapeake Bay, reduce land loss, install riparian buffers, reconnect the stream to a functioning flood plain and educate municipalities on the importance of collaborative environmental preservation and restoration at the municipal level.
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Posted by admin on Friday, 20 February 2009 (17:00:56) CST (592 reads)
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DEP Announces New Program to Combat Illegal Dumping
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November 11th, 2008
PITTSBURGH – The Department of Environmental Protection announced a new grant program to provide communities with the tools and resources they need to restore illegal dump sites and it awarded $1 million to PA CleanWays to continue its important mission to cleanup and remediate illegal dump sites in communities throughout the commonwealth.
“Illegal dumping is not just an environmental crime, it is a health and safety issue that plagues our neighborhoods and affects the quality of life of our residents,” said DEP Deputy Secretary Thomas Fidler while standing at the site of an illegal dump in the Hazelwood neighborhood of Pittsburgh. “The new Illegal Dump Cleanup Grant program will help remove the blight of illegal dumps and prevent future dumping. Working together with partners in our communities, we can break the cycle of dumping and raise civic pride.”
Pennsylvania will invest $500,000 in the Illegal Dump Cleanup Grant program for communities and nonprofit groups. The program will focus on the cleanup of illegal dumps; site restoration and beautification; surveillance of existing dump sites and remediated sites; enforcement of littering and illegal dumping ordinances; and public awareness and education to inform local citizens about illegal dumping, littering and clean-up activities.
Grants of up to $25,000 will be awarded with a match of at least 50 percent of the grant amount by the grantee.
The grants are available on a competitive basis to any existing local government or incorporated nonprofit organization currently located in Pennsylvania. An applicant cannot, in any way, be responsible for any illegal dump located in Pennsylvania.
Fidler also announced the $1 million grant to PA Cleanways to continue its programs to identify and eliminate illegal dumps in the state, prevent litter and support community-based efforts to restore and preserve the scenic beauty of the commonwealth.
“PA CleanWays has shown a strong commitment to the elimination of illegal dumps and littering in Pennsylvania,” Fidler said. “In the past three years alone, PA CleanWays’ volunteers have cleaned up 268 sites, hauling out 2,244 tons of trash, 288 tons of scrap and thousands of tires. PA CleanWays also provides important educational resources to help communities raise awareness on the hazards of illegal dumping and on affordable disposal and recycling alternatives.”
With DEP financial support, PA Clean Ways initiated an effort in 2005 to identify illegal dumps within each county across the commonwealth. The Illegal Dump Survey Program serves to educate state, county and local officials about the problem of illegal dumping so constituents at all levels can begin to address the problem through cleanups, municipal waste collections, and recycling programs. To date, these surveys have identified 2,600 dump sites with approximately 11,000 tons of illegally disposed trash on the 24 counties that have completed surveys. The grant award announced today will provide funding for 16 more counties to be completed by 2010, with an overall goal to have the entire commonwealth surveyed by 2012.
Grant applications are available online at www.dep.state.pa.us keyword: Illegal dumping, or by calling DEP’s Bureau of Waste Management at 717-787-7381.
For more information about PA CleanWays, visit its Web site: www.pacleanways.org.
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Posted by admin on Wednesday, 12 November 2008 (14:23:24) CST (596 reads)
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Surveys: PA considering a bill that encourages biofuels feedstock to reclaim mine land
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Pennsylvania is considering a bill that would encourage using switchgrass and other biofuels feedstock to reclaim abandoned mine lands. The abstract reads: "An Act amending the act of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining Conservation and Reclamation Act, further providing for mining permit; providing for bioenergy crop bonding; and making editorial changes." It sounds like an interesting proposal to enhance PA's mine land reclamation program to aide in our current energy crisis. Here's the link to the bill in the Pa General Assembly Website
The original law required mining companies to establish and maintain a permanent cover after reclamation of a mining site to satisfy a their permit requirements and to release the bond placed on the land. This proposed amendment seems to add the flexibility in the type of cover crop and harvesting.
It was up for a Environmental Resource and Energy Committee vote on September 23, 2008 and passed pretty much unanimously. I have attached a poll to this article to get your response. Please also feel free to comment on this article.
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Draft AMD Set-aside Program Position Paper Available
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Pennsylvania Department of Environmental Protection Office of Mineral Resources Management Draft Position Paper now Available for the AMD Set-aside Program
Summary: It is the intention of the Commonwealth to utilize the federal Surface Mine Control and Reclamation Act Title IV Abandoned Mine Reclamation Grant Set-Aside to fund the development, design, construction, operation, maintenance and replacement of abandoned mine drainage treatment systems. Accordingly, the Commonwealth shall take the maximum 30% abandoned mine drainage set-aside at the earliest possible time that provides a balance with the state’s land reclamation responsibilities. The process of making the decision regarding the set-aside from any individual years’ grant shall be defined, transparent, and open for public comment. Read More...
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Posted by admin on Wednesday, 23 July 2008 (11:20:13) CDT (730 reads)
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Governor Rendell Says Pennsylvania Building on its Environmental Commitment through Latest Growing Greener Grants
HARRISBURG (March 7) -- Governor Edward G. Rendell today continued Pennsylvania’s commitment to the environment by announcing a $22 million investment in more than 120 projects that will help restore the state’s polluted streams, provide clean water, and help prevent devastating floods in communities across the commonwealth
The Governor said Pennsylvania’s long mining history and extensive farm industry have created challenges that affect the state’s natural water resources. Additionally, regular floods throughout the state have diminished the effectiveness of natural and man-made measures designed to protect people, businesses and communities.
With the $22.3 million in grants announced today, however, Pennsylvania will expand its efforts to address these challenges.
“Pennsylvania has been blessed with incredible natural resources,” said Governor Rendell. “Unfortunately our streams have been tainted by agricultural run-off and acid mine drainage from the unregulated activity of the past. Furthermore, recurring floods in many places have eroded stream banks and rendered many flood measures ineffective, which can exacerbate the damage caused to our communities.
“The $22.3 million in grants we’re announcing today will help undo this damage with effective treatment systems, agricultural best management practices, stabilization work, stormwater management strategies, and flood protection projects. Together, these measures will help restore the health and natural functions of our streams.”
Of the $22.3 million awarded today by the Department of Environmental Protection, $9 million comes from the Growing Greener program in the form of watershed grants and $10.1 million comes from the Growing Greener II initiative. The remaining $3.2 million was awarded by DEP in nonpoint source implementation program grants, which are funded by the federal government through Section 319(h) of the Clean Water Act.
The grants support acid mine drainage treatment facilities, stream bank stabilization efforts to reduce erosion and protect against flooding, added riparian buffers to filter pollutants before reaching streams, aquatic habitat improvements, and comprehensive watershed protection planning. The grants will also be used to implement innovative agricultural and stormwater management techniques that reduce nonpoint source pollution in streams.
This year, DEP is allocating up to $2 million to begin addressing the unmet operation and maintenance costs of acid mine drainage remediation projects.
The grant funds also will support the first Watershed Renaissance Initiative, awarding $381,000 to treat acid mind discharges in Indiana County’s Bear Run watershed. The new initiative is intended to fund the complete or substantial implementation of an existing watershed restoration plan by encouraging public-private partnerships, long-term coordinated stewardship of the water resources, and educational outreach to promote environmental protection.
Smaller, impaired watersheds that have existing comprehensive plans to restore water quality are targeted through the Watershed Renaissance Initiative, which will again be available in next year’s grant round.
Since 1999, DEP has invested more than $190 million in watershed grants for 1,657 projects in all 67 counties of Pennsylvania through the traditional Growing Greener program. The grants are used to create or restore wetlands, restore stream buffer zones, eliminate causes of nonpoint source pollution, plug oil and gas wells, reclaim abandoned mine lands and restore aquatic life to streams that were lifeless due to acid mine drainage.
Voters overwhelmingly approved the $625 million Growing Greener II initiative in May 2005 to clean up rivers and streams; protect natural areas, open spaces and working farms; and shore up key programs to improve quality of life and revitalize communities across the commonwealth. Since then, DEP has awarded $38.5 million for watershed projects to make Pennsylvania healthier, a better place to live, and more competitive in attracting and supporting business investment.
DEP is now accepting grant applications for the next Growing Greener grant round. Applications will be accepted until May 16.
For more information or to download a grant application form, visit www.depweb.state.pa.us, keyword: Growing Greener.
EDITOR’S NOTE: The following is a list by county of the 124 watershed restoration and protection grants:
ADAMS COUNTY
Watershed Alliance of Adams County - $15,300 for operation and maintenance of the East Berlin Stream Gauge on the Conewago Creek.
ALLEGHENY COUNTY
Bridgeville - $50,000 for streambank stabilization on McLaughlin Run.
Township of Upper St. Clair - $140,000 for water quality and habitat improvement on Chartiers Creek.
Trout Unlimited, Penn’s Woods West Chapter - $133,055 for stream restoration on Little Pine Creek.
Jefferson Hills - $60,000 to stabilize a portion of Peters Creek that experiences severe erosion.
ARMSTRONG COUNTY
Parks Township - $24,950 for streambank stabilization and erosion control on Carnahan Run.
Armstrong Conservation District - $78,375 to remediate erosion issues along a 5.5 mile length of Plum Creek through utilization of natural stream design techniques and restoration of riparian buffers.
Armstrong Conservation District - $8,229 to restore and protect a portion of Buffalo Creek.
Armstrong Conservation District - $24,850 to assess 46 square miles of watersheds in Armstrong County that flow directly into the Allegheny River. The assessment would identify and prioritize problems including acid mine discharge, flooding, combined sewer overflows, sedimentation/erosion, and agricultural problems.
Armstrong Conservation District - $35,000 to reclaim five acres of abandoned mine land and convert the land into productive pastureland utilizing an intensive rotational grazing system.
BEAVER COUNTY
Independence Conservancy - $330,000 to continue stream restoration/stabilization at four sites on Raredon Run.
BEDFORD COUNTY
Broad Top Township - $375,000 for the design and construction of a passive treatment system in the headwaters of Sandy Run.
Broad Top Township - $15,600 for the design and construction of a passive treatment system in the headwaters of Sandy Run.
Juniata Clean Water Partnership - $100,000 for retrofitting the Tussey Mountain High School parking lot with a porous surface, leading to an interceptor water garden to protect an impaired stream.
BERKS COUNTY
Berks County Conservation Association - $171,660 to install innovative stormwater management techniques on the county agricultural campus to improve water quality and for educational purposes.
BLAIR COUNTY
City of Altoona - $100,000 for the final phase of stream improvements on Mill Run.
BRADFORD COUNTY
Schrader Creek Watershed Association - $129,985 to build a passive acid mine discharge treatment system on Coal Run, a tributary to Schrader Creek.
Canton Township - $135,000 for streambank stabilization, dirt and gravel road improvement and agricultural best management practices on eight farms in the North Branch Towanda Creek watershed.
Sylvania - $7,500 for a natural stream channel design for Wallace Run, a tributary to Sugar Creek.
BUCKS COUNTY
American Littoral Society - $145,000 for stream stabilization and restoration for a portion of Swamp Creek.
Warrington Township - $100,000 to install stormwater best management practices, including rain gardens, rain barrels, retrofitting basins, and to provide public education and outreach in the Little Neshaminy Creek watershed.
Bucks County Conservation District - $6,408 for organizing a new watershed advocacy organization, the Aquetong Watershed Association, in Solebury Township and New Hope.
Heritage Conservancy - $52,170 for education, outreach and streambank stabilization along an unnamed tributary to the Little Neshaminy Creek on the Lindsay Farm Preserve.
BUTLER COUNTY
Wild Waterways Conservancy - $42,800 for removal of concrete dam and submerged wooden dam at Harmony Junction in Jackson Township.
CAMBRIA COUNTY
Clearfield Creek Watershed Association - $40,828 for design of a passive treatment system to treat 3 acid mine drainage discharges in the headwaters of Little Laurel Run.
Cambria County Conservation District – $172,180 for acid mine discharge treatment on Trout Run, including an innovative limestone bed treatment system.
Cambria County Conservation District – $105,000 for four limestone bed treatment systems to treat abandoned mine discharge flowing to an active brook trout fishery on the South Fork Little Conemaugh River.
Dunlo Rod and Gun Club - $27,678 to raise alkalinity in the main stem of the South Fork Little Conemaugh River to restore brook trout to lower stream reaches.
CENTRE COUNTY
ClearWater Conservancy of Central Pennsylvania - $34,150 to remove the remains of Dayton Dam, restore stream channel and install fish habitat structures to enhance the existing wild trout fishery.
Milesburg - $5,000 to establish the Bald Eagle Watershed Association.
Centre Region Council of Governments - $10,000 for education and outreach on stream buffer protection.
CHESTER COUNTY
Tredyffrin Township - $64,415 for the construction of rock infiltration trenches at two storm sewer outfalls.
Brandywine Valley Association - $54,500 for stream and floodplain restoration on an unnamed tributary to Doe Run.
CLEARFIELD COUNTY
Emigh Run/Lakeside Watershed Association Inc. - $170,646 for acid mine drainage treatment on Emigh Run.
Pike Township - $400,082 for design and reclamation of acid mine discharges on Anderson Creek.
Lawrence Township Supervisors - $47,063 for the design, permitting and engineering design costs of a passive treatment system for unnamed tributary of Montgomery Creek.
Emigh Run/Lakeside Watershed Association - $17,292 for an acid mine treatment system study for the upper most reaches of Hubler Run.
Clearfield Creek Watershed Association - $49,000 to assess acid mine drainage to Muddy Run and its tributaries and develop a restoration and sampling plan.
CLINTON COUNTY
Trout Unlimited - $595,000 for a passive treatment system for discharges to Two Mile Run, a tributary to lower Kettle Creek.
Trout Unlimited - $99,363 for mine pool stabilization at the Kettle Creek Coal Co. mine No. 1.
Keystone Central School District - $40,000 to convert a former agricultural field adjacent to the school into a wetland and convert five acres of adjoining upland native grasses for use as a wetlands educational tool.
CRAWFORD COUNTY
Crawford County Conservation District - $210,000 for installation of agricultural best management practices on eight farms.
Allegheny College - $25,000 for an environmental assessment of the Mill Run watershed.
CUMBERLAND COUNTY
Trout Unlimited, Cumberland County Chapter - $6,863 to remove floodplain and channel obstructions associated with the Piper Mill and Thomas Hatchery operations on Big Spring Creek.
DAUPHIN COUNTY
Dauphin County Conservation District - $256,790 for construction of a passive treatment system for discharges polluting Bear Creek and Wiconisco Creek.
DELAWARE COUNTY
Villanova University - $185,000 for stormwater wetland best management practice reconfiguration.
Swarthmore - $21,759 to address stormwater management at a playground and pocket park in an urban area.
ELK COUNTY
Elk County Freshwater Association - $250,000 for two treatment systems on Big Mill Creek to abate the persistent acidic conditions.
ERIE COUNTY
Mercyhurst College - $106,500 for a two-year E. coli bacteria monitoring study of the Walnut Creek and Elk Creek watersheds that will identify sources of the bacteria and lead to an action plan that will assist in resolving the bacteria pollution issues in the Lake Erie tributaries.
Erie County Conservation District - $300,000 for 40 agricultural best management practices projects to reduce nonpoint source pollution from farms.
City of Erie - $65,180 for installation of a litter/debris trap on the lower Mill Creek channel at the city’s wastewater treatment facility.
FAYETTE COUNTY
Jacob’s Creek Watershed - $54,195 to apply best management practices to eliminate shore erosion, and improve water quality and fish habitat in Greenlick Lake.
Fayette County Conservation District – $131,828 to design and implement agricultural nutrient and sediment reduction best management practices in headwater streams.
FRANKLIN COUNTY
Falling Spring Greenway - $200,000 to restore degraded reaches of the Falling Spring Branch for the benefit of aquatic species and upland wildlife.
FULTON COUNTY
Fulton County Conservation District - $283,750 for restoration of Spring Run.
Fulton County Conservation District - $160,500 for a publicly accessible greenway with a stable stream channel and a walking trail along Big Cove Creek.
Fulton County Conservation District - $113,770 for providing incentives for 2,000 acres of cover crops on corn silage fields, a no-till farming strategy.
INDIANA COUNTY
Indiana County Conservation District - $160,000 for agricultural best management practices on 10 farms in various watersheds throughout Indiana County.
Indiana County Conservation District - $380,709 for a Watershed Renaissance Initiative to abate acid mine discharges to Bear Run, a tributary of the West Branch Susquehanna.
Stream Restoration Inc. - $14,000 to develop a conceptual plan to treat acid mine discharges at the McIntyre refuse pile, including use of an innovative pre-treatment technology.
LACKAWANNA COUNTY
Taylor - $704,127 for channel restoration and culvert construction on the Colliery Property.
LANCASTER COUNTY
Trout Unlimited, Donegal Chapter - $129,487 for streambank stabilization, fencing and riparian buffer planting along Conowingo Creek.
Columbia - $325,000 to implement a variety of stormwater best management practices, including porous asphalt and concrete surfaces, vegetated swales, and rain gardens, at the new Riverfront Park.
Franklin & Marshall College - $516,650 for sediment and nutrient monitoring relating to legacy sediments.
Enterprising Environmental Solutions - $387,500 to restore a portion of Big Stream Run and remove legacy sediments, reconnect stream to floodplain, restore and create wetlands and riparian buffer. The project will also generate nutrient trading credits and develop some economic value projections for legacy sediments mixed with manure compost.
LEBANON COUNTY
Lebanon Valley Conservancy - $250,000 to implement best management practices on the Quittapahilla Creek.
LUZERNE COUNTY
Luzerne County Conservation District - $102,362 to repair damage to Toby Creek caused by flooding.
Luzerne County Conservation District - $86,689 for a watershed assessment for use in flood-mitigation planning.
LYCOMING COUNTY
Rose Valley/Mill Creek Watershed Association - $3,030 for steambank stabilization on Mill Creek.
MONTGOMERY COUNTY
Whitpain Township - $60,000 to convert two stormwater detention basins to naturalized basins and to increase infiltration and reduce nonpoint source pollution.
Upper Dublin Township - $42,283 to restore a portion of Little Pine Run and to
restore 25,000 square feet of riparian buffer area.
Wissahickon Valley Watershed Association - $40,611 to expand a created wetland area along Bethlehem Pike in Fort Washington to mitigate flood waters, reduce nonpoint source pollution, and provide additional habitat for birds and wildlife.
Pennypack Ecological Restoration Trust - $50,085 for a large infiltration trench to capture and infiltrate stormwater runoff from approximately 18 acres of suburban residential area and roadway.
MONTOUR COUNTY
Montour County Conservation District - $63,354 for installation of manure storage on the Seven Springs Farm.
NORTHAMPTON COUNTY
Northampton County Conservation District - $115,261 to install agriculture best management practices at four agricultural sites determined to be nonpoint sources of nutrients and sediment pollution to the Bushkill-Jacoby watersheds.
Wildlands Conservancy - $325,670 to complete the construction of a natural stream channel, floodplain and bank restoration design for more than 1,000 feet of Saucon Creek and an unnamed tributary.
Bushkill Stream Conservancy - $107,000 for a constructed wetland within the Bushkill Creek Watershed to ease flooding issues in the College Hill section of Easton and improve water quality.
City of Bethlehem - $64,071 to remove the Saucon Creek dam and enhance/stabilize approximately 2,100 feet of stream channel.
NORTHUMBERLAND COUNTY
Northumberland County Conservation District - $79,000 to conduct a feasibility study to treat Quaker Run which is heavily impacted by acid mine discharge from three sources.
SCHUYLKILL COUNTY
Schuylkill Conservation District - $433,189 to evaluate surface and ground water interactions and possible consequences of acid mine discharge remediation, stream restoration and mine pool utilization.
SOMERSET COUNTY
Somerset County Conservation District - $86,000 for repairs to two acid mine treatment facilities on Stonycreek River.
Shade Creek Watershed Association - $20,000 to raise the alkalinity of various tributaries of Shade Creek to improve water quality.
SULLIVAN COUNTY
Columbia County Conservation District - $40,000 for acid mine discharge treatment on Heberly Run, a tributary of Fishing Creek.
TIOGA COUNTY
Babb Creek Watershed Association - $290,000 for two limestone bed passive treatment systems for acid mine discharge on Rock Run, a tributary of Babb Creek.
Babb Creek Watershed Association - $21,835 to rehabilitate an acid mine discharge treatment system and convert it to a settling pond and an open limestone ramp.
County of Tioga - $30,000 to assess and design streambank stabilization/relocation needs of two miles of Marsh Creek. Benefits include mitigation of flood flows to the Village of Stokesdale, stabilization of an eroding railroad grade, stabilization of specific project sites for a “Rails to Trails” corridor extension and reduction of sediment loading.
UNION COUNTY
Union County Conservation District - $235,528 for agricultural restoration on impaired subwatersheds.
WARREN COUNTY
Warren County Conservation District - $25,000 to stabilize streambanks and riparian areas.
WASHINGTON COUNTY
Washington County Conservation District - $100,000 to convert a vertical flow pond acid mine discharge treatment system into a limestone bed treatment system.
WAYNE COUNTY
Lake Wallenpaupack Watershed Management District - $7,300 to stabilize the shoreline along Lake Wallenpaupack adjacent to the boating access at Mangan Cove to reduce soil erosion and provide riparian plantings.
Wayne Conservation District - $4,614 to start the Equinunk Watershed Alliance to protect and preserve the Equinunk watershed.
WESTMORELAND COUNTY
Mt. Pleasant Borough Municipal Building - $72,327 to retrofit a stormwater system.
Loyalhanna Watershed Association - $500,000 to construct a passive acid mine discharge treatment system to improve the water quality in the Loyalhanna Creek.
Turtle Creek Watershed Association - $142,338 for stream restoration and riparian buffering in the Haymaker Run tributary of Turtle Creek.
Sewickley Creek Watershed Association - $95,000 to assess degradation from nonpoint sources in the watershed and develop a restoration plan.
WYOMING COUNTY
Mehoopany Creek Watershed Association - $550,000 to restore the historical stream channel and provide additional natural stream channel stabilization.
YORK COUNTY
Izaak Walton League of America Inc., York Chapter 67 - $30,000 for stream restoration on Pierceville Run – Mitchell Pasture subwatershed of the South Branch Codorus Creek.
Izaak Walton League of America Inc., York Chapter 67 - $100,000 for stream restoration on Pierceville Run – Rockville Road subwatershed of the South Branch Codorus Creek.
MULTIPLE COUNTIES
Pennsylvania Association of Conservation Districts - $143,700 to administer the Non-Point Source Educational Mini Grant program, provide workshops and training including the annual Watershed Specialists meeting.
Pennsylvania Association of Conservation Districts - $5,693,740 for the Conservation Reserve Enhancement Program, supporting farm-based conservation practices such as forest riparian buffers, wetlands, and grass swales in 59 counties.
Luzerne County Conservation District - $123,500 for abandoned mine reclamation
program coordination through the Eastern Pa. Coalition for Abandoned Mine Reclamation.
Western Pennsylvania Coalition for Abandoned Mine Reclamation - $121,500 for conservation district demonstration projects remediating acid mine discharges.
Wyoming County Conservation District - $131,680 for streambank stabilization demonstration project along the South Branch of Tunkhannock Creek.
Western Pennsylvania Conservancy - $111,566 for agricultural best management practices in the impaired Yellow Creek watershed.
Somerset County Conservation District - $150,000 to install stream bank fencing, livestock watering systems, access lanes, and other pasture improvement
management practices on 20 farms in a 14-county area.
American Rivers Inc. - $500,000 for dam removal and river restoration projects statewide.
Northcentral Pennsylvania Conservancy - $250,000 for approximately 80 stream restoration projects in 14 counties, comprising 20 stream miles.
Headwaters Chartable Trust - $40,000 for rotational grazing systems to reduce sediment and nutrient loading to surface and groundwaters.
Natural Lands Trust - $51,000 for a land conservation planning tool to prioritize sites in northeastern Pennsylvania communities.
Penn Soil Resource Conservation & Development Council - $51,000 to promote use of rotational grazing systems that reduce sediment and nutrient loading to groundwater and surface water.
Capital Resource Conservation & Development Area Council - $140,000 for technical assistance relating to no-till farm management systems.
Pennsylvania Horticultural Society - $250,000 to continue the TreeVitalize Watersheds program that restores tree cover in Southeastern Pennsylvania, including riparian buffers and plantings in stormwater detention basins.
Friends Central School - $50,000 to restore riparian areas in urban parkland along Indian Creek.
Peters Creek Watershed Association - $59,055 to assess and develop a watershed plan for Peters Creek in Allegheny and Washington counties.
Penn State University - $7,344 to develop database software to extract best management practices data.
Trout Unlimited - $120,500 to provide rapid-response and prioritized technical assistance to applicants in several areas of mine reclamation activities.
Western Pennsylvania Coalition for Abandoned Mine Reclamation - $100,000 to recover, process, and sell iron oxide from the treatment of mine drainage pollution.
Western Pennsylvania Coalition for Abandoned Mine Reclamation - $100,000 for quick-response repairs on water quality projects that provide critical protections.
Pennsylvania Association of Conservation Districts - $300,000 for engineering technical assistance for projects that treat acid mine drainage, restore streams and implement agricultural best management practices.
Pennsylvania Envirothon - $70,000 to support the efforts of the Pennsylvania Envirothon program.
Stroud Water Research Center - $214,725 to expand an on-going study of three streams to demonstrate the impact acid mine discharge has on ecosystem function, particularly nutrient processing.
Trout Unlimited, Doc Fritchey Chapter - $25,000 for an acid mine discharge treatment project on mine discharges that flow to Rausch Creek and Stoney Creek. The treatment systems would replace the diversion wells that have been maintained on Stoney Creek since 1986.
Trout Unlimited - $81,000 to provide updated water quality and benthic data for the entire West Branch Susquehanna River to document the existing condition of the river and its tributaries, and to quantify water quality improvements and establish a benchmark to measure future improvements.
Moshannon Creek Watershed Coalition - $62,000 to assess acid mine drainage impacting a section of Moshannon Creek from Bear Run to Trout Run and to complete a restoration plan.
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Press Releases: DEP: Mine drainage treatment news reports inaccurate, says DEP secretary
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Funding Will Be Provided This Year and Beyond
HARRISBURG -- Environmental Protection Secretary Kathleen A. McGinty today refuted recent media reports stating that the commonwealth has decided not to fund abandoned mine drainage projects. The secretary said these projects will continue to be funded through the department's abandoned mine reclamation program this year and beyond.
McGinty said that since 2003, Pennsylvania has invested $17.5 million in abandoned mine lands funding on acid mine drainage treatment for streams. The commonwealth has also targeted more than $62 million from the Growing Greener II program for abandoned mine reclamation projects.
This state and federal money has supported 46 acid mine drainage treatment projects.
"Reports that the department will not provide funding for acid mine drainage treatment projects are false," said McGinty. "The Governor remains firmly committed to using all available resources to restore our land and water that was damaged by mining before environmental laws were put in place to prevent this kind pollution,"
Governor Edward G. Rendell was instrumental in lobbying for the reauthorization of the federal Abandoned Mine Lands Fund in Congress, which will provide increased funding for this important environmental initiative over the next 15 years.
Pennsylvania will receive $27.6 million from the federal Abandoned Mine Lands Fund for 2008, which will be used to reclaim abandoned mine lands by: eliminating dangerous highwalls where young people often are injured and even killed while riding motorcycles and all terrain vehicles; closing open mine shafts; and planting grass and trees on land left barren by surface mining.
Under the new law, up to 30 percent of this money can be used for treating abandoned mine drainage that makes streams uninhabitable for fish and other aquatic life.
"What we are doing now, and have been doing for the past several months, is engaging the public to help us determine how we can best use our available resources and, in the years ahead, to reclaim abandoned mine lands and clean up acid mine tainted streams.
"We have held public hearings around the state and are continuing to meet with focus groups to help us make the best decisions on how to carry out this important environmental protection program in the long term," said McGinty. "All Pennsylvanians should be assured we will fund abandoned mine reclamation and stream restoration projects as part of this effort."
Contact: Neil Weaver, (717) 787-1323
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GOVERNOR RENDELL SAYS COAL IS A SIGNIFICANT PIECE OF PA’S CLEAN ENERGY FUTURE
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N E W S R E L E A S E COMMONWEALTH OF PENNSYLVANIA
COMMONWEALTH OF PENNSYLVANIA
Dept. of Environmental Protection
Commonwealth News Bureau
Room 308, Main Capitol Building
Harrisburg, PA 17120
FOR IMMEDIATE RELEASE
4/1/2006
CONTACT:
Susan Woods
Phone: (717) 787-1323
Governor Continues Push for Measures to Enhance Mine Safety
BURGETTSTOWN, Washington County -- Governor Edward G. Rendell’s energy initiatives are making Pennsylvania a leader in advancing clean coal technologies that put to use the state’s indigenous resources to spur investments, create jobs and improve the environment.
Addressing some 800 members of Families Organized to Represent the Coal Economy, or FORCE, in Washington County, Governor Rendell urged passage of his legislation to protect miners, modernize Pennsylvania’s mine safety laws and keep pace with a rapidly changing industry.
“Mining has been a cornerstone of Pennsylvania’s economy for 250 years, and I believe our best days are still to come,” Governor Rendell said.
“America’s energy past is grounded right here in Pennsylvania, where our coal and our miners helped to fuel an industrial revolution. The country’s energy future is right here, too,” Governor Rendell said. “We have the resources, the manpower and the ingenuity to both strengthen our economy and change the way our country produces fuel and thinks about energy.”
The Governor has launched some major initiatives to build a clean energy future in Pennsylvania, putting in place the policies and financial incentives needed to develop the state’s homegrown resources, especially coal.
Pennsylvania is home to one of the nation’s most progressive alternative energy portfolio standards, ensuring that 18 percent of all energy generated by 2020 comes from clean, efficient and advanced resources -- not just traditional renewables but also coal mine methane, waste coal and coal gasification.
The nation’s first coal gasification-liquefaction plant is proposed for construction in Schuylkill County, where the plant will use waste coal to produce 40 millions of clean-burning diesel fuel each year. Construction of Waste Management and Processors Inc.’s waste-coal-to-diesel plant will create as many as 1,000 jobs; operating the plant will produce another 600 permanent, high-paying positions. The plant will clean up tens of millions of tons of waste coal while giving the state clean diesel at a fraction of the price paid today.
Pennsylvania has the largest abandoned mine lands problem in the country, with 8,529 acres of unreclaimed refuse piles and 2.1 billion tons of waste coal that impair rivers and streams with polluted runoff. There are few uses for waste coal except electricity generation, and there simply are not enough available resources to address this multi-billion dollar problem.
Governor Rendell is magnifying state investments to turn this $15 billion abandoned mine challenge into an economic opportunity. State-of-the-art waste coal power plants are helping to power the economy by putting to use an energy source that otherwise would be a threat to the environment and a hazard to public health.
With encouragement and support from the state, coal mine methane is being captured and used for fuel rather than simply being vented into the air and wasted. Not only are projects like this a boon to the environment, but with record-high natural gas prices, this new fuel source benefits the economy as well.
“Our commonwealth has a rich mining history,” Governor Rendell said. “And while our mines are among the safest in the world with consistently high production, we want to make sure they remain safe.”
Since taking office, Governor Rendell has ushered in a series of changes to enhance mine safety in Pennsylvania. Changes include revising mine permitting and inspection procedures so the Department of Environmental Protection’s mine safety experts have a direct role, putting in place stringent requirements for verification of underground mine maps and revising training protocols for mine safety personnel.
Despite these improvements, legislative changes are still needed. The commonwealth’s deep mine safety law was written in 1889 and last updated in 1961. Governor Rendell first unveiled his legislative package in July 2004, proposing some of the most significant changes in decades. Among the proposals:
• Make the mine owner or operator primarily responsible for safety compliance at the mine, and allow DEP to assess fines and penalties for noncompliance. Currently, only individual certified employees or supervisors, such as foremen, can be held responsible for an accident, not the mine company or its executives.
• Create a three-member Mine Safety Board with the authority to promulgate regulations to keep pace with mine safety technology. The board could act quickly to put in place necessary improvements and precautionary measures to keep miners safe as the industry continues to advance.
• Eliminate obsolete language in Pennsylvania’s mine safety statutes to remove references to animals and stables in mines, and references about transporting miners into the mines on conveyer belts, among other outdated provisions.
• Increase to 500 feet from 200 feet the distance from which a bituminous underground operator must conduct advanced drilling when approaching an adjacent mine that may contain water or gas. (This has been instituted administratively as well.)
After the West Virgnia accidents, the Governor expanded his proposal by adding new provisions that aim to protect miners in the event of an accident and assist the rescuers trying to reach them.
Mines would need an approved escape plan that prompts faster emergency response, requires stockpiled oxygen and seeks better communications to better track underground miners. The plan incorporates the installation of “lifelines” that miners can grab and use as a guide to safety if they are ever trapped in an area that fills with smoke or debris, as well as the location of safe places in the mines for workers to seek refuge in case escape routes are blocked.
In February, Governor Rendell ordered DEP’s Bureau of Mine Safety to re-inspect the state’s active underground mines. The enhanced inspections took place on top of all normal activities. The Governor’s proposed 2006-07 General Fund budget includes $508,000 for underground mine safety and enhanced inspection initiatives.
FORCE was created in 2002 by families, businesses and communities to support and retain coal-related jobs in Pennsylvania; network all coal-related businesses; give supporters of coal a voice; and make members aware of coal’s impact on the state’s economy. FORCE has 86 member companies representing more than 11,000 people.
The coal economy is made up of utility plants, fuel suppliers, equipment suppliers, legal professionals, accountants, machinists, transportation companies, chemical suppliers, engineering companies, construction facilities and coal companies.
Pennsylvania has more than 27 billion tons of proven coal reserves that will last for another 300 years at current mining production rates. The commonwealth is the fourth largest coal-producing state, generating more than 70 million tons of coal annually and employing thousands of people in mining and related industries.
For more information on mining, visit DEP’s Web site at www.depweb.state.pa.us, Keyword: “Active Mining Operations.”
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Posted by admin on Monday, 03 April 2006 (17:10:54) CDT (784 reads)
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State officials are ordering an investigation into acid-rock drainage in Centre County from an Interstate 99 construction site near Port Matilda four miles west, separate from the acid-drainage problem at Skytop.
That order from the state Department of Environmental Protection to PennDOT says one sample of runoff from near a road cut just west of the new I-99 overpass above Route 220 exceeds limits for iron and acidity, and sulfate levels in groundwater samples are above state limits as well.
DEP wants PennDOT to identify all areas where the pyretic Brailler Shale vein has been disturbed by I-99 construction as well as where excavated material has been placed.
DEP is also demanding a water monitoring plan for the three-mile section that goes around Port Matilda to the north by November 23rd.
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Press Releases: DEP SECRETARY JOINS COALS PARTNERS AS NEW DUMP CLEANUP FUND IS ESTABLISHED
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Partners Commit Nearly $186,000 in Contributions, In-Kind Services Over Two Years
10/7/2005
SOURCE: Dan Spadoni
DEP North Central Regional Office
MOUNT CARMEL, Northumberland County – Environmental Protection Secretary Kathleen A. McGinty and 17 companies and communities today committed nearly $186,000 over two years to cleanup illegal dump sites under a new multi-county initiative called Clean Up Our Anthracite Lands and Streams, or COALS. The group made its first deposit at Union National Bank to help finance the effort that has been under way since April.
“Residents of Pennsylvania’s anthracite region contributed immeasurably to the strength of our nation,” McGinty said. “Our coal towns sacrificed and labored to power this country through two world wars and build the industrial strength of America. Now, Governor Rendell is determined to honor these contributions by helping to rebuild these communities.”
The funds deposited today are being administered by a partnership among the Department of Environmental Protection (DEP), the Northcentral Pennsylvania Conservancy and PA Cleanways, a Greensburg-based environmental organization that focuses on dumping and littering education and cleanups.
COALS was developed after a December 2004 tour of illegal dumpsites on coal company and county properties. Using a multi-faceted approach, which includes recycling, education, enforcement and innovation, DEP staff has developed a coalition of committed partners to direct and fund the program. McGinty helped to launch COALS officially in April.
Between April 15 and June 23, DEP oversaw dump cleanups on Big Mountain Road, the Whaleback and Snake Road in Northumberland and Columbia counties. To date, 54.4 tons of tires and 125 tons of municipal waste have been removed at a cost of $16,310. A final fall cleanup at these same three sites is scheduled to begin Oct. 29.
“The education and enforcement components of the COALS program also are very important if we want to ensure that dumping does not recur once these sites are cleaned up,” McGinty said.
Enforcement efforts to bring illegal dumpers to justice as part of the COALS program have been under way since last spring. DEP already has issued 22 summary citations to responsible parties, which has resulted in 14 guilty verdicts and six others waiting court dates. In addition, DEP has issued three notice of violation letters to responsible parties.
State and local law enforcement agencies have been working with DEP, and the four local district justices have strongly supported the enforcement activities.
DEP’s Waste Management Program staff has begun meeting with 18 area municipalities in Columbia and Northumberland counties to explain COALS and enlist their support. The focus is on education, site evaluation, surveillance and recycling.
COALS has proved to be a successful model for others in Pennsylvania to follow. The department also is developing a similar program in its Northeast Regional Office to address the long-standing problem of large, illegal dumps that have become all too commonplace in the anthracite coal region.
For more information on waste management, visit DEP’s Web site at www.dep.state.pa.us, Keyword “Waste Management.”
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EDITOR’S NOTE: Listed below are the major contributors in the COALS initiative and their financial contributions for 2005 and 2006:
· Mount Carmel Cogen Inc./Susquehanna Coal Co. --- $25,000 (includes $15,000 cash and $10,000 for surveillance cameras that already have been purchased)
· Northcentral Pennsylvania Conservancy --- $23,794 (as provide by DEP)
· Girard Estate --- $10,000
· Pagnotti Enterprises Inc. (Jeddo Coal Co.) --- $10,000
· Reading Anthracite --- $10,000
· AQUA America --- $3,000
· Blaschak Coal Corp. --- $2,000
· Shamokin Filler Coal Co. Inc. --- $1,500
· Eastern Industries Inc. --- $1,000
· Louis DeNaples --- $72,000 of in-kind services
· Waste Management of Central Pennsylvania --- $24,000 of in-kind services
· Mount Carmel Borough --- $2,500 of in-kind services
· Mount Carmel Area School District --- $1,100 of in-kind services
Other partners providing volunteer support for the COALS initiative include the following: PA Cleanways, Habitat for Wildlife, Mahanoy Creek Watershed Association and Shamokin Creek Restoration Alliance.
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Postal Address...
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EPCAMR Office
101 South Main Street
Ashley, PA 18706
Phone: (570) 371-3522
Directions
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OSM / VISTA Watershed Development Coordinator
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Wren Dugan
(570) 371-3522
[email protected]
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