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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.

Engineering Expert Warns of “Irreparable Harm”

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.”

Costly Contaminated Groundwater Cleanup

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 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.

Read more here.

Read more about what Rockwool could do to voluntarily update their air permit and get an individual NPDES permit.

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.”

Value to who is the question… Read the full letter for yourself.

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.

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.

Jefferson County Foundation’s legal team is on fire these last few weeks. We have two big things to share:

Arbitrary and capricious! That’s how WVDEP acted in rubber-stamping Rockwool’s stormwater permit which allows discharge of 86,000 gallons a day to sinkhole-prone land, says Jefferson County Foundation’s legal team in its latest regulatory legal action. With that kind of volume – more than 10 large tanker trucks a day – even small quantities of pollutants caught in rainwater and runoff can concentrate and run into the ground impacting our region’s water. We filed an appeal on Friday, December 4 to the Environmental Quality Board regarding Rockwool’s Multi-Sector Stormwater Permit Registration. Read the appeal here.

Our hearing on Rockwool’s Stormwater Construction General Permit Registration is tomorrow and Friday, December 10 and 11 starting at 8:30 a.m. and you can tune in to hear the case! This hearing is open to the public and is going to be worth listening to, so please tune in. This is the evidentiary hearing you and we have been fighting for since October 23, 2019. Jefferson County Foundation is following through and standing strong. Help us hold the line.

Want to help support this amazing work? Go here.