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  • March 26, 2020

Today, Jefferson County Foundation filed an appeal of Rockwool’s Construction Stormwater permit registration with the West Virginia Environmental Quality Board. The Foundation is standing up for the protection of the ground and surface water resources in Jefferson County and the surrounding region.

Read the appeal.

The DEP has allowed Rockwool to operate on this original permit from its first issuance on October 19, 2017 until February 25, 2020. Several times, the DEP neglected to require Rockwool to apply for and obtain a re-registration despite significant modifications to the permit, including increased limit of disturbance, grading beyond one year, and significant modification to the permit by addition of a sinkhole remediation plan. By doing so, the DEP eliminated every opportunity the public had to give input on and point out the inadequacies of this permit to protect our vulnerable groundwater resources. This has allowed Rockwool to construct for over two years without correcting these major errors in its stormwater design.

Red line shows limit of disturbance. Yellow highlighted area shows high risk area for sinkholes.

DEP’s initial review of Rockwool’s Construction Stormwater permit application was insufficient and left our water resources vulnerable to contamination during construction and in the years to come. Rockwool failed to provide adequate and accurate information in their application allowing them to avoid public notice and public comment in October 2017 on this original permit. Specifically, they did not follow the requirement for reporting their limit of disturbance; they reported it as 98.9 acres and failed to include the acreage from the common plan of development as is required in the permit conditions.

Zoomed in image shows sinkholes in areas within the limit of disturbance, which are mostly located where the large ponds are on the property as shown in the drone photo above.

All projects over 100 acres are required to go to public notice and public comment. Rockwool claimed the construction of their plant would only require 24 weeks (recall they started on November 1, 2017 and is still not complete!). All projects with grading lasting greater than one year require public notice and public comment. By misreporting and misrepresenting this information, Rockwool was able to avoid public notice in more ways than one in Fall 2017. Had they had public notice, we may have been aware of this project prior to the sneaky publication of the air permit notice the day before Thanksgiving in 2017, and we may have been looking for it, giving us the opportunity to challenge it at the time. Furthermore, it strains credulity to think the DEP did not realize that these two parameters were drastically underreported. The DEP should have required the limit of disturbance include the common plan of development and should have required public notice and public comment in October 2017.

The Foundation is pursuing every available means to correct this situation and protect the vulnerable groundwater resources in Jefferson County and surrounding region.

Thank you to all that have donated in support of our legal fight against Rockwool. If you would like to contribute, please go to bit.ly/33yxyKc

  • March 13, 2020

Leading constitutional scholar leads Jefferson County taxpayers challenge to tax forgiveness scheme that illegally favors Denmark-based multinational over other West Virginia taxpayers

Citing clear language in the West Virginia State Constitution in its support, Jefferson County Foundation sent notice that its intends to file suit in Kanawha County Circuit Court to block the state from illegally exempting Rockwool from real and personal taxes on a proposed industrial facility in Jefferson County.

Download Jefferson County Foundation’s Complaint (.pdf)

West Virginia University Law School Professor Robert M. Bastress filed the complaint along with co-counsel law firms Arnold & Bailey, PLLC and DiPeiro, Simmons, McGinley & Bastress PLLC. A noted constitutional law authority, Professor Bastress has litigated and written extensively on the history and meaning of the state constitution and is the author of The West Virginia State Constitution (Oxford University Press, 2016).

On May 2, 2019, the West Virginia Economic Development Authority (WVEDA) authorized the issuance of up to $150 million in lease revenue bonds for a term of up to 10 years, during which the WVEDA would hold title to Rockwool’s Jefferson Orchards property which includes approximately 130 acres of land. Jefferson County Foundation’s complaint alleges that the arrangement violates Article X, Section 1 of the West Virginia Constitution since WVEDA’s interest in the Jefferson Orchards property would be exempt from ad valorem taxes, and as a result, Rockwool would not have to pay the same real and property taxes as other individual and business taxpayers in the state.

WVEDA’s May 2019 action in Charleston took place even as the Circuit Court in Jefferson County was considering a challenge to a similar tax-relief scheme using a so-called Payment In Lieu of Taxes (PILOT) agreement involving Rockwool, the Jefferson County Development Authority, and other county and local and state government entities. In August 2019, the court ruled the PILOT agreement to be invalid without having to reach the issue of its constitutionality.

“West Virginia’s constitution is clear in its requirement that ‘taxation shall be equal and uniform’ and the WVEDA’s action equally clearly violates it,” observed Professor Bastress. Co-counsel Christopher Stroech of Arnold & Bailey added, “this case presents an ideal opportunity to confirm and clarify the scope of the Constitution’s tax uniformity clause, especially in light of the invalidation of the Rockwool PILOT agreement on other grounds.”

Dr. Christine Wimer, president of Jefferson County Foundation, commented that “individual taxpayers, like me, as well as long-time West Virginia businesses who aren’t getting these lucrative tax breaks, are treated unfairly and unequally when the WVEDA abuses its power this way.” She continued, “Jefferson County’s location in the Eastern Panhandle combined with a well-educated workforce and robust local economy means that such tax breaks are not only unfair and unconstitutional, they are not needed to attract employers and investment. They also unnecessarily drain money from public services such as schools, infrastructure, and emergency services.”

Jefferson County Foundation’s complaint asks for the invalidation of the WVEDA’s May 2 action including cancellation of plans for any government agency to take title of the Rockwool property.

The complaint can be found here.

  • January 12, 2020

Jefferson County Foundation is challenging attempts to weaken water protection for our water resources.

Control of runoff from construction sites and industrial installations is governed by the federal government under the National Pollutant Discharge Elimination System (NPDES) program. States can obtain authorization from the Environmental Protection Agency (EPA) to administer the NPDES program in their state through a process defined by the Clean Water Act (CWA). West Virginia Department of Environmental Protection (WVDEP) has this authorization. The WVDEP administers the NPDES program in West Virginia through general or statewide permits. These permits cover general operations such as construction and general industrial operations with standardized rules and requirement. These General permits must be renewed with the EPA every five years.

Individual operations and projects, such as Rockwool, must demonstrate that they are qualified to operate under these general permits. They must have registration under a general stormwater permit or an individual stormwater permit to operate.

Every five years, the general permits are revised by the WVDEP undergoes public comment, and is ultimately re-evaluated and approved by the EPA. Once the EPA has approved the Statewide Permit, then all entities wanting a storm water multi-sector permit apply to the WVDEP and are judged against and approved under the General Permit. A General Multi-Sector Stormwater Permit was approved was due to be renewed/re-applied for in 2018. This process was completed and a permit was issued by the WVDEP on September 12, 2019 and went into effect on October 12, 2019.

However, the Builders Supply Association of West Virginia argued that the permit was too onerous and would have been too burdensome on the companies and appealed this permit to the West Virginia Environmental Quality Board (EQB). The EQB is the administrative oversight entity for the WVDEP.

Jefferson County Foundation, with eight citizen co-interveners, asked to Intervene in this appeal on December 4, 2019. If our motion is accepted, this will allow us to conduct discovery prior to and participate in the evidentiary hearing. This will allow us to fight to keep the protections for our water resources in the permit.

In late December, the Builders Supply Association of West Virginia opposed our motion to intervene asking that our motion be denied. This past week, we filed a reply, arguing that their reasoning was incorrect. We are now waiting for the EQB to decide rule on our motion.

If you would like to assist in this fight and the rest of the ongoing legal fight against Rockwool please donate on our website or mail a check to Jefferson County Foundation, Inc., PO Box 460, Ranson, WV 25438

Community Forum on Rockwool Full House
  • January 5, 2020

On January 3, 2020, Jefferson County Foundation hosted a Community Forum on Rockwool at Storer Ballroom, Shepherd University. The at-capacity crowd heard local scientists present their concerns regarding the Rockwool facility’s air and water permits and apparent design deficiencies. 

Click the video link below to watch the proceedings.

If you are interested in supporting the educational and legal work of the Foundation, please go to our donations page to make a fully tax deductible donation. Those interested in keeping in touch for further updates and news about upcoming events can sign up here. Also, check out ways you can make a difference now.

  • December 18, 2019

On Friday, January 3, Jefferson County Foundation welcomes the community to learn what you need to know about Rockwool as we start 2020. Join your community to learn how heavy industry like Rockwool may affect our economy, our natural resources, and our health.

Date: Friday, January 3, 2020
Start Time: 6:00 p.m. (Free pizza while supplies last)
Location: Storer Ballroom, Student Center, 210 N. King Street, Shepherd University, Shepherdstown, WV

Check out the event listing on our Facebook page.

Frequently Asked Questions

Q:  What time is the Community Forum?
A:  We will start at 6pm and likely will conclude by 8pm.

Q: What will be covered at this event?
A: Presenters will share information on key issues, including:
Air Permits
Stormwater Permits
Sewer
Design Deficiencies

Q:  Where can I park?
A:  You can park in the Shepherd University parking lots after 6pm and on the nearby streets. 

Q:  Will there be government officials at the Community Forum?
A:  Yes, we expect some government official will attend to hear the informative presentations.

Q: I can’t attend on January 3. Where can I get information?
A: Please email us and we will send you an update from the Community Forum and share other updates on this important topic.

Q:  What is Jefferson County Foundation?
A:  Find out more about us.

West Virginia Supreme Court
  • November 26, 2019

Jefferson County Foundation (JCF) is proud to support Jefferson County Vision (JCV), who has filed its final brief before the West Virginia Supreme Court of Appeals in its case against the Public Service Commission (PSC) challenging the PSC granting the Jefferson Utilities, Inc., (JUI), an emergency construction permit in 2018 allowing them to proceed with construction without the need for a hearing or public intervention. Despite the fact that the PSC staff recommended a public hearing, the PSC refused to grant one citing that the Jefferson County Development Authority (JCDA) funding for the water line fell through in response to significant public outcry.

Rockwool argues that the case is moot because the water line is already built. However, the JUI-Rockwool deal is not a “done deal.” Ownership of the line does not transfer from Rockwool to JUI until after, but “no later than 90 days after completion of Phase 2” – or at least the end of April 2020. The brief states:

“[t]his Court should not concede the case is moot based simply on the fact that the water line is built. If this is acceptable, any private company, with the blessing of the Commission, can seek approvals of a project despite not following the proper process…By the time complainants can raise issues before this Court, the project is built and either the Commission or the company can claim the issues are moot. This would be dangerous precedent.”

In short, we have asked the Supreme Court to consider whether the PSC should have allowed JUI to proceed when there was so much unknown and unknowable at the time the alleged emergency grant of the certificate was provided:

“There is something inherently wrong with a situation where the certificated project has morphed into a situation where the utility is no longer building the project, the customer is; the quantified state funding no longer exists; the estimated costs of the project have significantly increased; the utility agrees to reimburse the customer its costs whatever they turn out to be; the water demand of the only identified customer has gone down; and the utility will own the facility with the obligation to make all future maintenance, repairs, replacement and extensions where there may be insufficient revenue; the utility provided no notice to the Commission of these significant changes; and, then whether it was brought to its attention, the Commission refused to reopen the certificate case and address the merits of the complaint.”

As JCF President Dr. Christine Wimer states, “if JUI/Rockwool’s argument is allowed to stand and the case is dismissed because the project is now built, this sets a dangerous precedent that strips the public of their ability to stand up for their critical role in the process and will lead to further abuse of the system by such companies who don’t wish to hear the public’s input.”

  • November 23, 2019

Jens Birgersson, CEO of Rockwool, stated in an investor’s call this morning that their proposed West Virginia plant “… is moving ahead now. No obstacles to that.” Unfortunately, Birgersson neglected to inform the analysts on the call that funding for their sewer is still being litigated, and that their stormwater permits with the West Virginia Department of Environmental Protection have yet to be approved and face great public opposition. These are among the obstacles still standing in the way of Rockwool finishing their build.

One of the analysts asked a question about Rockwool’s proposed plant in France. Birgersson stated, “there’s a bit of a different approach here. We buy land and here we are just doing the permitting, eh, we do that homework so that we know that it’s possible, get ready, but we have not taken a decision yet to build the plant.” In other words, Rockwool acknowledges that they are taking a “different approach” in France where they are seeking their permits first before they invest a lot of money in construction. Instead of using this thoughtful approach here in West Virginia, Rockwool is seeking to use the amount of money they have invested thus far in construction as leverage to drive their still-unapproved permits through. Why? Is it because West Virginia seems to have more lax permitting processes? Is it because they get less pushback from state officials? Does this seem like the actions of a responsible corporate actor?

Birgersson also boasted about his company’s “good profitability.” Why, if this is the case, does this company need state-backed loans for this project? It sure seems eager to take advantage of certain public officials’ willingness to use our state’s coffers to its favor.

Don’t be fooled, Jefferson County. For a company that tries to portray itself as a good neighbor, Rockwool’s statements to its key constituency—its investors—shows that its primary motivation is profit at the expense of our environment and community. Their continued efforts to buy public favor in our community with small gifts for photo opportunities is really just about the photo op, not about the people this plant will affect.

Bottom line, in West Virginia the community’s opposition to this project is not retreating and it is having an impact. Just consider the impact that continued delays and added litigation and other expenses must be having—and will have–on Rockwool’s financials (its free cash flow was down 37 million euros from 3Q 2018 to 3Q 2019) and ultimately its reputation. There are plenty of ways we can still affect change, at the very least by insisting on modern protective technology and strict compliance with laws.  We will continue to shine a light on the facts and to demand that our local and state representatives follow the law and represent the will of the people.

  • November 7, 2019

Jefferson County Foundation submitted a public comment to the West Virginia Department of Environmental Protection (WVDEP) on November 4 regarding two stormwater permits for the proposed Rockwool plant. The 19-page document outlined both technical and administrative concerns for both permits.

JCF asks the WVDEP to deny Rockwool requested permits because it is unable to operate its proposed plant in a manner that protects the water recourses of Jefferson County. JCF further asks that the DEP should hold an “evidentiary” hearing in Jefferson County in which the public is able to present the technical, expert evidence about the existential threat posed to the water sources in Jefferson County.

See the full comments here.

  • October 20, 2019

In a stunning development, without local public notice or knowledge, the West Virginia Economic Development Authority (WVEDA) approved issuance of up to $150 million in bonds to support Rockwool’s unwelcome and unwanted industrialization of Jefferson County. This information was discovered in responses to Freedom of Information Act (FOIA) last week.

Letter sent to public officials demanding public hearing

Jefferson County Foundation (JCF) and Jefferson County Vision (JCV) have written the Governor and other key officials, demanding accountability for the action and transparency about how this significant “sweetheart” deal came to be. Dr. Christine Wimer, President of JCF, stated, “Rockwool is not welcome here and the entire community has spent over a year making that clear in every forum or process available. Even in the face of overwhelming public opposition, and unknown to the public until now, government officials in Charleston authorized financial assistance to ensure Rockwool is the first of a heavy industry corridor that destroys our way of life.”

The letter details information, obtained under FOIA, that in a May 2 meeting in Charleston, the WVEDA also committed to take ownership of Rockwool’s land and equipment alleviating Rockwool’s state and local tax burden for a period of 10 years. At the end of this time, Rockwool will reclaim the property and equipment for the price of $1. This is, essentially, the same deal as the PILOT agreement, which was found invalid on its in August by the Circuit Court.

Deliberately deceptive deal

The FOIA documents expose that Rockwool’s lawyers, and several state officials involved in the recruitment of Rockwool to West Virginia in 2017 were present and involved in the May 2 WVEDA meeting.  Dr. Wimer continues, “this was a deliberate deception of the public, quietly executed to provide one of the largest such economic packages to a corporation ever in West Virginia.” The $150 million would amount to approximately $1.25 million in loans per promised job in a county with the lowest rate of unemployment in the state. This would be in addition to a $2.2 million free money loan already promised by the state for the training of the workforce for these jobs. “It is an outrage — $150 million to poison our air, land and water, with at least ten years of reduced state and local tax obligation. It’s no wonder that Charleston kept it so quiet.”