Jefferson County Foundation, Inc. and ROCKWOOL are pleased to announce that they have resolved two legal challenges that had been pending before the West Virginia Environmental Quality Board (EQB) concerning the West Virginia DEP’s stormwater permitting at ROCKWOOL’s stonewool manufacturing facility in Ranson, West Virginia. In connection with the resolution of the EQB matters, ROCKWOOL has voluntarily committed to additional studies, inspections, and drainage improvements that will further strengthen stormwater management at the site. A full list of ROCKWOOL’s commitments as part of this resolution can be found in the exhibit to the EQB dismissal order into which it is incorporated.
“The Foundation and co-appellants appealed ROCKWOOL’s stormwater permits because we were concerned that the DEP’s permitting process and ROCKWOOL’s resulting permits were not adequately protective of the waters of the Eastern Panhandle of West Virginia and surrounding region. After several years of litigation, and with the changes ROCKWOOL has voluntarily agreed to make to its stormwater handling system, we feel the water protections are significantly improved. We would like to thank ROCKWOOL for respecting our concerns and working with us to resolve these matters,” said Dr. Christine Wimer, President, Jefferson County Foundation, Inc.
The Foundation filed another complaint with the West Virginia Department of Environmental Protection (DEP) last week outlining several concerns about Rockwool’s handling of stormwater at their Ranson facility. “There are activities that appear to be occurring at the site, that are not described in or in accordance with Rockwool’s Multi-Sector Stormwater General Permit (MSGP) registration materials,” the letter states. “It is imperative for the protection of human health and the environment that the DEP determine what is occurring at the Rockwool site and ensure that Rockwool at a minimum maintains the protections described in the MSGP application and preferably takes every measure necessary to prevent pollution of the groundwater with contaminants from its site.”
Monitoring of the Rockwool site shows that Rockwool continues to fail to follow the procedures outlined in its operational general stormwater permit registration (Multi-sector Registration) intended to protect the groundwater. The Foundation filed another complaint this week with the West Virginia Department of Environmental Protection (DEP) regarding the issues, requesting they be investigated. Unfortunately, the DEP has not yet addressed all the issues raised in the Foundation’s previous complaints in June and July. The Foundation has also forwarded these complaints to the US Environmental Protection Agency (EPA) at both the Region 3 office as well as federal headquarters. In light of the issues occurring at the site, the Foundation has also initiated repeat water sampling.
Rockwool is engaging in operations that are clearly endangering the groundwater and the DEP is failing to require Rockwool to stop these activities. This demonstrates two critical things 1) Rockwool is unwilling or unable even at this early stage to maintain just the minimum safeguards set out in its Multi-sector General Permit Registration (MSGP); and 2) that Rockwool’s current permit registration does not adequately identify or address all of the activities at the site that are reasonably expected to affect groundwater. The Foundation is appealing Rockwool’s current MSGP for exactly these reasons; this demonstrates why the Foundation’s legal actions are so critical. It also demonstrates that further legal action will be necessary to ensure that Rockwool follows the laws and regulations.
Jefferson County Foundation filed a Motion for Stay today with the Environmental Quality Board (EQB) to stop Rockwool from operating under their current Operational Stormwater Permit. If approved by the board, Rockwool will have to delay operations until the case in the matter is resolved.
Rockwool is expected to begin full production on June 22. The undersized design of the stormwater handling system will lead to ponding and carrying of pollution from raw and in-process materials to unintended locations and the groundwater. The Foundation’s engineering expert, Ryan Linthicum, P.E., LEED AP, says, “As stated in my report ‘if not corrected immediately, the RAN-5 Facility will not drain effectively or as portrayed in Figure 3 of The SWPPP resulting in a flawed pollution prevention analysis subjecting the surrounding surface and groundwater to risk of contamination.” He goes on to say, “Left uncontrolled and untreated, industrial water entering the groundwater that flows through the below grade karst matrix in this area would then result in irreparable harm to the groundwater and surrounding environment.”
Well-Developed Karst Subject to Environmental Risks
The issues regarding the increased risk “associated with the RAN 5 project shows that the facility is located on a well-developed karst landscape and aquifer and is subject to the environmental risks expected in such a hydrogeologic setting.” In his report from April 20, 2021, Foundation hydrogeology expert, Dr. Chris Groves, states the risks include, “… the potential both for sinkhole development and groundwater contamination. These are related in the sense that loss of structural support that can occur with sinkhole development could compromise the function of stormwater and/or chemical containment structures. In the case of a release groundwater impacts could be catastrophic in ecological terms, and potentially creating human disruptions by polluting groundwater, springs, and the surface waters to which these springs flow.”
The majority of residents in Jefferson County rely on groundwater for their drinking water, and even more people downstream of this aquifer rely on surface water that would be impacted by stormwater contamination at this site. Contaminated groundwater is extremely hard to contain and clean up; it’s also costly. The Appellants state in their Motion that while the Intervenor (Rockwool) will argue that granting the stay will create economic issues for their operations, “they pale in comparison to the impacts contaminated groundwater can have on a community.”
The Foundation awaits the chance to argue the merits of this Motion for Stay with the EQB. Stay tuned for further developments.
Jefferson County Foundation asks WV EQB to reopen Rockwool Construction Stormwater Permit appeal after bombshell emails discovered from DEP
It seems that the WV Department of Environmental Protection’s (DEP) permit review process has been tainted by political pressure disregarding the environmental impact of Rockwool’s factory construction in Jefferson County. In an email thread that started on January 14, 2020, Yogesh Patel, Assistant Director of the Water and Waste Management division and supervisor of the permit writing team, tells the permit reviewer, Rick Adams, “Permit need (sic) to get it out on or before 01/24/2020.” Adams pushes back, stating, “I don’t think we can get permit out by Friday.” Patel responds moments later, “We have too (sic). Cabinet Secretary has committed, we do not have any choice.”
This alarming discovery comes after the hearing in the Foundation’s appeal of Rockwool’s construction stormwater permit has been completed, after post-hearing briefs were filed, and while the case is awaiting a decision by the state Environmental Quality Board (EQB). At least four DEP employees, three of whom were deposed and testified under oath, failed to identify these facts. The emails were not produced as part of the Certified Record of the Construction Stormwater Appeal 20-02-EQB. Needless to say, had this email been produced when it should have been during the case proceedings, the Foundation would have had the chance to dig further into the apparent political pressure on DEP staff to issue Rockwool’s permit.
In light of the emails that have just been discovered, on June 10, 2021 attorneys for the Foundation filed a motion before the EQB asking for reopening of the record and proceedings in the Construction Stormwater Permit Appeal, stating that “[i]f the DEP is allowed to selectively and without consequences withhold documents from the Certified Record, the process is without credibility. Presumably that is why the Legislature set as the first requirement after an appeal is filed in an environmental case, the production [of] a full and complete record.” The motion continues, “The disclosure of political influence on the permit review process, apparently exercised by the former Secretary, are matters of significant concern and information about same should properly have been put before the EQB and should have been available during the hearing process.”
On June 11, the EQB responded to the Motion and scheduled a hearing for June 24 requiring the parties to fully brief the issue before the hearing. Relatedly, the Foundation continues to work on its appeal of Rockwool’s Operational Stormwater Permit, 20-13-EQB (the email string that just came to light was recently produced by DEP during discovery for this appeal).
On June 3, 2021 the Jefferson County Commission approved the Zoning Map Amendment change for Jefferson Orchards by a vote of 4-1. Commissioner Jane Tabb cast the lone “no” vote and was the only commissioner to speak other than the current Commission president, Steve Stolipher. (Remember, Stolipher is a former member of the JCDA, and one of those who resigned in response to the public outcry over its role in bringing Rockwool here.) As a result of today’s vote, 238 acres in Kearneysville will change from Rural zoning to Light Industrial and Residential zoning. This vote comes despite overwhelming commentary from residents, opposing the change, with such comments filled with facts and evidence in opposition. The staff of Jefferson County Planning and Zoning Office also opposed this zoning amendment because it does not conform to the Comprehensive Plan.
Jefferson County Foundation would like to thank the numerous people (hundreds) who sent in written public comment. Of the comments that were included in the agenda packet today, only one letter was in support of the project. All other comments were against the proposed zoning amendment. There were many who spoke out against the proposed zoning amendment during the hearing and we thank those who were brave enough to speak up. We were particularly dismayed by the negative way in which the public who took the time to participate were portrayed by the applicant’s representative. To the contrary, it is important and right for all of us to continue to urge our government to act in accordance with the Comprehensive Plan for our county. While it is disheartening to hear disparaging remarks about citizens who voice support for our Comprehensive Plan and for sustainable, rational development in the county, it is important for all of us to continue to urge the county government to act in accordance with the Comprehensive Plan.
Jefferson County Foundation thanks West Virginians for Sustainable Development (WVSD) for its successful pursuit of a complaint against Rockwool in its home country of Denmark. The Foundation has long recognized that Rockwool failed to properly engage the public in a transparent and responsive way and failed to do appropriate environmental due diligence. We are very pleased to see that, after a long investigation under OECD guidelines, the Danish agency has concluded the same. The Foundation is currently pursuing several key projects aimed at protecting the community and our natural resources from the effects of Rockwool’s failure to perform appropriate due diligence when the company chose to site its factory in a vulnerable area: challenges of Rockwool’s stormwater permits, facilitating a water monitoring program, and challenging Rockwool’s air permit. Through our work on zoning and the JCDA the Foundation is also working to ensure that, as we move forward, our region is smarter about who and how we invite development. Please join us in thanking the WVSD for their hard work and help us redouble our efforts to hold Rockwool accountable to operate safely while we promote sustainability and protection of our health, heritage, and environment in the Eastern Panhandle.
Legal documents recently obtained by Jefferson County Foundation as part of our lawsuit on Rockwool’s stormwater permits show that when the West Virginia Department of Environmental Protection (DEP) asked Rockwool to add a leak detection system to the pond liners, Rockwool refused. Rockwool stated, “The cost and operational implications of adding an interstitial monitoring layer and second geomembrane are considerable and ROCKWOOL does not believe they will add any appreciable value.”
Rockwool does not value the water; it only values its own convenience and bottom line! To support this work, please donate to the Foundation Legal Fund. And right now, all donations are being matched by a generous donor in honor of Earth Week, so your donation will go twice as far.
Charles Town City Council and Building Commission Declare that Rockwool Has To Pay for Its Own Sewer Once and For All
Great news! Today, the Charles Town City Council and the Charles Town Building Commission declared moot the bond ordinance for the “super sewer” to Rockwool! Since the Fall of 2018, the residents of Charles Town have spoken up and opposed the public funding of the “super sewer” to Rockwool. Residents first made their voices heard through a petition presented in March of 2019, which the City Council rejected and approved to fund the sewer anyway. Then, immediately afterwards, the Super Blue Petition Crew (led by Dr. Chrissy Wimer, the Blue Petition Project Manager) worked hard in eight weeks gathered over 1,500 verified signatures of Charles Town “freeholders,” or property holders, and submitted another petition. The City Council, again, rejected the will of the people — but the Blue Petition to stop the public funding continued on, taking the challenge to Circuit Court. Eventually, the Judge ruled against the viability of the legal challenge, but because the residents did not agree with the Judge’s decision, an appeal was filed. In the meantime, Rockwool, who saw growing outcry against public funding for its infrastructure and the potential slowdown ongoing cases would bring, decided to fund its own sewer and did so.
Two Unanimous Votes
Tonight, the Blue Petition became a rousing success—the Building Commission and the City Council voted unanimously to declare the Bond moot and of no effect because the Blue Petition delayed the issuance of the bond until Rockwool paid for its own sewer through the 5.5-7h. Thank you to all of the people who signed the Blue Petition – without your signatures, this could never have happened! And thank you to all those who helped gather those signatures and do the immense amount of processing and back end work to make this a success—it took a team effort, and it was worth it. ROCKWOOL HAD TO PAY for its own sewer – as it should!
Hold the Line
This is the second defeat for Rockwool’s attempt to get public funding for its unwanted plant— the initial Property In Lieu of Taxation (PILOT) agreement, which provided Rockwool tax free status in exchange for the JCDA holding title to the property was declared null and void by the Circuit Court in August of 2019. Finding no support for any public funding in Jefferson County, Rockwool turned to the State Economic Development Authority and received authorization, without any public notice except on an obscure Charleston based agency website, for up to $150 million in bonds. Jefferson County Foundation has filed suit against the constitutionality of that bond mechanism, and is heading for the West Virginia Supreme Court soon. Other lawsuits and challenges continue on every front – help the Foundation continue the fight and hold the line!
Jefferson County Foundation continues to spring forward with momentum in the fight to protect our region’s natural resources. Recent developments prove that we must act with incredible urgency. Now is the time to support these critical actions. Please donate if you can. To update you:
Educate and Empower the Public
The Foundation has filed four more FOIA to state and federal government agencies due to new issues which continue to arise. The FOIA requests are time consuming but necessary as we continue to seek truth in matters that affect our region’s natural resources.
Advocate to Regulators and Leaders
Photo of B170 as of July 15, 2020. Gravel-covered. No enclosure.
The Foundation sent a letter to the West Virginia Department of Environmental Protection (DEP) and the federal Environmental Protection Agency (EPA) regarding Rockwool’s inaccurate and incomplete form submission for Resource Conservation and Recovery Act (RCRA), which requires the company to notify the EPA about how it intends to handle regulated waste at its facility. Rockwool cannot continue to be allowed to submit inconsistent, incomplete and inaccurate information for permits. It’s simply not protective of the environment and will lead to the degradation of our natural resources and the downturn of our economy, health, safety, and welfare. Read the full letter here.
The Foundation sent a letter of complaint to the DEP regarding the lack of proper public notice about the Sheetz Truck Facility Construction Stormwater General Permit (CGP) application. Sheetz, Inc. applied for a new permit on November 20, 2020, and as of the date of our letter, still had not posted the public notice sign as required by this type of permit. A public notice sign is the only method by which the public may become aware of this type of project and be drawn to review the permit and offer comment. Violations of these requirements in the CGP effectively eliminate the involvement of the public in the review process, and remove an avenue for the public to seek relief that was clearly intended by the CGP. We continue to hold the DEP to the requirements of the law and await the response on this matter.
Legal Updates
Constitutionality of the $150M Tax Abatement Deal with WVEDA
The Foundation is appealing the decision of the judge who dismissed the case in the legal challenge of the constitutionality of the $150 Million tax abatement deal the WVEDA made with Rockwool. The case was dismissed because the business court concluded that the legislature intended to allow these types of arrangements. The court did not answer the constitutional question or if the constitution allows these arrangements. We are appealing the decision as constitutionality was the basis of our suit. The constitution requires equity; every entity pays their fair share. For more information about this case and our view of PILOTs in general, read here.
Rockwool Stormwater Construction Permit Hearing Continues this Thursday
The Jefferson County Foundation v. WVDEP and Rockwool case that challenges Rockwool’s Construction Stormwater permit continues this Thursday. The hearing, which started last year, was originally continued into January at the request of the DEP so they could complete the certified record. The DEP was again unable to deliver the certified record in time for the hearing and now the hearing has been rescheduled for this Thursday. For more information on this case, please read here. We will share the link to watch the hearing on our Facebook page closer to the date.
Preparing for Discovery for Rockwool’s Operational Stormwater Permit Appeal
The Foundation continues to work on discovery in the appeal of Rockwool’s operational stormwater permit. The new expert’s assessment is underway. The evidentiary hearing has been set for April 8 and 9. Read the appeal.
Charles Town Votes on Resolution to Abandon the Bond to Pay for the Super Sewer to Rockwool
We are relieved to see that Mayor Trainor listened to the Foundation’s call last November to abandon the bond and require Rockwool to pay for its own sewer through the 5.5-7h process it has relied upon to build the sewer. The Charles Town City Council will vote on Monday, March 15 on a resolution to declare the ordinance moot. The Foundation would like to thank the over 1,500 people who signed the petition in opposition of the bond, and the volunteers from the Super Blue Petition Crew that helped gather these signatures. We collected signatures from well over 30% of the free holders, representing 34% of the adult population of Charles Town, all in eight weeks. As the Blue Petition Project Manager, I would personally like to thank those who gave countless hours of tireless dedication to getting the job done, in an amazingly short amount of time!
Support the Foundation’s Work
Please check out our 2020 Annual Report. The discovery process is expensive, but necessary in order to submit more evidence into the record. We appreciate your support while we are conducting this process. Please, if you are able, consider a donation to the Foundation Legal Fund. You can donate safely and easily online at the Foundation’s website. You can also help by sending a check to Jefferson County Foundation, Inc., PO Box 460, Ranson, WV 25438.
For those that are contributing, we thank you for your dedication to bring truth to light and to protect our natural resources. We appreciate your continued support! In the meantime, we’ll keep you posted on how our active cases are going.
There’s lots of activity to report on, and we have some good news to share. Thanks to your generosity, we met our match last week! We are also excited to announce today that another generous donor has come forward and is matching donations the Foundation Legal Fund. So, if you missed the last opportunity, now’s your chance; donate today and your money will go twice as far.
The Foundation has filed FOIA to four state and federal government agencies this month. We hope the new administration will lead to more accurate information production. This information will be key for continued protection of the the air and water in region.
Advocate to Regulators and Leaders
The Foundation, in partnership with the Eastern Panhandle chapter of the Sierra Club, met with Senator Manchin’s office recently to update them on the situation with the DEP and Rockwool. This is part of a broader strategy to engage leaders at the federal level.
Legal Updates
Constitutionality of the $150M Tax Abatement Deal with WVEDA
A scheduling order was made by the judge in the Foundation’s legal challenge of the constitutionality of the $150 Million tax abatement deal the WVEDA made with Rockwool. The motion to dismiss made by Rockwool and joined by the WVEDA has been fully briefed and we await the decision of the judge. For more information about this case, please read here.
Rockwool Stormwater Construction Permit Hearing to be Continued… now in March
The Jefferson County Foundation v. WVDEP and Rockwool case that challenges Rockwool’s Construction Stormwater permit, which was due to resume last Thursday, has been postponed again. Thursday’s hearing was supposed to complete the hearing that started on December 11 and 12 but which was continued into January at the request of the DEP so they could complete the certified record. The DEP once again was unable to deliver the certified record in time for the hearning and now the hearing has now been rescheduled for March. For more information on this case and the reason for another delay, please read here.
Update: the DEP finally produced the certified record yesterday. The legal team is poring over the document so please stay tuned for more information.
Preparing for Discovery for Rockwool’s Operational Stormwater Permit Appeal
The Foundation is currently mid-discovery in the appeal of Rockwool’s operational stormwater permit. Multiple depositions and expert witnesses will be required for this case. While this will be resource intensive, it is critical to the success of our case. This case is critical to protecting the groundwater in the region. The evidentiary hearing has been set for April 8 and 9. Read the notice of appeal here.
Fighting the Super Sewer to Rockwool
We are waiting for the Kanawha County circuit court Judge to direct the schedule in the Foundation’s circuit court appeal of the EQB decision to dismiss the appeal of DEP Unilateral Order 9080, which allowed Charles Town to construct the Route 9 sewer extension (the super sewer to Rockwool) without a valid stormwater permit. Rockwool, one of three interveners, submitted a motion to dismiss in late December. For more information about this case, please read here.
Support the Foundation’s Work
Please check out our 2020 Annual Report. The discovery process is expensive, but necessary in order to submit more evidence into the record. We appreciate your support while we are conducting this process. Please, if you are able, consider a donation to the Foundation Legal Fund. For a limited time, all donations are again being matched by a generous donor, so your donation will go twice as far. You can donate safely and easily online here. You can also help by sending a check to Jefferson County Foundation, Inc., PO Box 460, Ranson, WV 25438.
For those that have contributed, we thank you for your dedication to bring truth to light and to protect our natural resources. We appreciate your continued support! In the meantime, we’ll keep you posted on how our active cases are going.
