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  • March 15, 2021

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!

  • February 13, 2021

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.

To update you:

Educate and Empower the Public

The Foundation continues to enroll participants in the well testing program. We are nearly ready to start another round of testing. If you are interested, please review these materials and email us at jeffersoncountyfoundation@gmail.com

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.

  • November 25, 2020

The Environmental Quality Board (EQB) inappropriately decided that Jefferson County Foundation’s appeal of order 9080—which allowed the City of Charles Town (CTUB) to construct the super sewer to Rockwool WITHOUT a valid permit (and over 700 other entities)—was moot. On November 25, the Foundation filed an appeal of this decision to the Kanawha County Circuit Court.

Every challenge presents an opportunity to affect change. This case in particular is another step to make the DEP and the EQB follow the law. The DEP cannot be allowed to utilize enforcement orders to permit entities to sidestep the Clean Water Act and the EQB cannot just turn a blind eye to what’s right because it’s the easy way out. We stand up to such tactics because it’s the right thing to do. And we will every time.

We got to this place of dysregulation because the people did not hold the government to account. We have to now hold the line and never give up.

  • July 28, 2020

Jefferson County Foundation has received and submitted to the West Virginia Environmental Quality Board, a significant hydrogeology report, confirming that the waters of Jefferson County — and the Chesapeake Bay Region — are at risk from the construction of the Route 9 Sewer Project. In the report, which has been submitted to the Board in the Sewer Line litigation, the expert concludes:

“…the most concerning potential risk from both construction and operation of sewer line is for groundwater contamination. In the case of a pipeline failure (more common in karst areas than others because of the potential for loss of structural support) groundwater contamination could be catastrophic in ecological terms (the federally threatened Madison Cave isopod lives within the karst aquifer of Jefferson county) and creating human disruptions by polluting groundwater, springs, and the surface waters to which these springs flow.”

This report was prepared as part of Jefferson County Foundation’s appeal of the DEP Unilateral Order 9080 that allows Charles Town to operate the Route 9 Sewer Project without a valid NPDES stormwater permit in violation of the Clean Water Act. This assessment is important far beyond the litigation that the Foundation is participating in. We urge you to read it and share it with others that wonder what this fight is all about. You can view the report here.

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The evaluation, reports, and testimony of this caliber expert can cost thousands of dollars. The Foundation is committed to pursuing what we need to achieve our goals but we need your financial help! If you are able, please make a fully tax deductible donate to Jefferson County Foundation and THE FOUNDATION LEGAL FUND. Help spread the word!

  • March 29, 2020

Jefferson County Foundation continues to stand up for the protection of the ground and surface water resources in Jefferson County and the surrounding region. We’ve been busy, and we won’t be slowing down. If you want to help support our legal efforts, please consider making a fully tax deductible donation: http://bit.ly/33yxyKc

On March 26, Jefferson County Foundation filed an Appeal of Rockwool’s Construction Stormwater Permit Registration with the West Virginia Environmental Quality Board (EQB). The appeal alleges that the current permit and the original permit do not adequately protect the vulnerable water recourses of our county or region. We also allege that the combination of Rockwool providing inaccurate information in its original permit, DEP not adequately reviewing the original permit, and the DEP not requiring Rockwool to reapply any of the multiple times it should have eliminated every appropriate time for public to participate in this process and stopped us from eliminating these deficiencies in the permit. See the full story and the Appeal here: https://bit.ly/2QUF92t

On the March 24, Jefferson County Foundation sent Charles Town Mayor Bob Trainor a letter asking him to suspend work on the Route 9 sewer project until the public comment period is over. We realize that although they have an order allowing them to continue, this circumvents the appropriate permitting process. We asked that the city of Charles Town respect the permitting process and the public’s right to participate by stopping work until public comment and the permitting process is over. This is only made more important by the fact that this project is not occurring in the city of Charles Town and therefore those affected cannot vote for the mayor or city council in Charles Town. The public comment through the DEP is the only way those affected can have an effect on this process.

Over 50 people sent a letter through our website asking them to stop work on the Route 9 sewer project until public comment period is over. To send your own letter, go here: http://bit.ly/30n6UV3

On March 25, Jefferson County Foundation, working with Rural Agriculture Defenders, sent a fourth official complaint to the DEP asking them to require the City of Charles Town and Snyder Environmental Inc. to put stormwater controls in place on the Route 9 sewer project. Our previous complaints stimulated an onsite inspection on March 25. We are awaiting the inspection report.

On March 27, Jefferson County Foundation, working with Eastern Panhandle Protectors, filed a complaint to DEP asking them to get more information on the intentions of Mountaineer Gas. It seems they are installing the last few miles of pipeline required to service Rockwool. Mountaineer Gas does not have a construction stormwater permit registration for this work. Our previous complaints triggered an onsite inspection where several violations were noted, but they were not cited. Mountaineer Gas convinced the DEP they were not disturbing more than one acre, however, just a few days later, they were constructing further down on the same pipeline. Mountaineer Gas may try to piecemeal the project to avoid requiring a permit. We are keeping an eye on them!

Millville Quarry sludge
  • March 15, 2020

It has been a busy March for Jefferson County Foundation and we wanted to update you on some of the things we have been working on.

On March 11, the 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. 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. The 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. Read the full story here.

On March 2, Jefferson County Foundation filed an official complaint with the WVDEP because work had been started on the Route 9 sewer project without a valid Construction Stormwater Permit, and an appropriate public notice sign had not been posted. The permit writer required CTUB to fix the public notice sign and correct the permit application to reflect that public notice and comment were required based on the length of the project. Unfortunately, several days later, the WVDEP issued an order that will allow the Route 9 sewer installation to continue without a Construction Stormwater Permit. We are continuing to monitor the project closely and evaluating the options going forward. See the notice here.

On March 6, the Foundation filed an official complaint with the WVDEP detailing what was perceived to be an illegal discharge from the Millville Quarry into the Shenandoah River. A WVDEP inspection on March 11 of the site revealed the discharge was in fact coming from the Millville Quarry and a notice of violation was issued to the Quarry. We appreciate the WVDEP Division of Mining and Reclamation pursuing this in a timely and definitive manner. See the investigation and complaint here.

On March 13, the Foundation filed an official complaint with the WVDEP, the WV Department of Natural Recourses, and the US Army Corp of Engineers detailing what seems to be an illegal discharge into the Opequon Creek and other Clean Water Act violations from a construction site where Mountaineer Gas is installing natural gas pipeline to connect Rockwool to natural gas. The complaint asked that an inspection be done and work be stopped until these violations were addressed.

On January 27, the Foundation requested that an inspection be done at the Rockwool facility, because several new sinkholes had been reported to the Foundation. The WVDEP conducted an inspection in early February of Rockwool and the adjacent DOH project being conducted by Ranson and performed by Jefferson Asphalt – Northport Station road extension. While the inspectors found several violations related to sinkhole remediation, they did not issue a notice of violation to Rockwool. They said that it was because Rockwool was able to fix the violations during the visit. However, the Northport Station project had several volitions resulting in a notice of violation. See the notice of violation here.

If you are interested in supporting this work, please consider making a fully tax deductible donation. For more information on how to do this, please visit our donation page.