Blog

  • Home
  • Posts tagged Update

  • April 18, 2021

Jefferson County Foundation continues the hard work of bringing truth to light and holding state and federal agencies accountable for following the law. We’re busy gearing up for new legal actions and really need your support at this time. In honor of Earth Week, donations will be matched, so for a limited time, your donation will go twice as far. Please send a donation to the Foundation Legal Fund. To update you on our work:

Educate and Empower the Public

This past week, we presented the Foundation’s scientific team’s work at the virtual 2021 National Watershed and Stormwater Conference. The presentation was a case study of Rockwool entitled, “Stormwater Management in Karst Environments: What Could Possibly Go Wrong? A Lot.” There were several representatives from the federal Environmental Protection Agency (EPA) in attendance along with stormwater experts from across the country. It was a good opportunity to get our story out to watershed professionals.

The Foundation received more than 8,600 documents from the city of Ranson as a result of a FOIA. We also recently received documents from the EPA as a result of a FOIA. We are currently reviewing their contents.

The Foundation is eagerly awaiting the return of FOIA from another federal agency. We are working hard to get the agency to respond and will keep you posted on our progress.

We also have a new video to share that talks about Toxic Release Inventories, Human Health and Environment Risk Scores for Rockwool’s Mississippi plant and how it would compare to entities already in the Eastern Panhandle.

Advocate to Regulators and Leaders

The West Virginia Department of Environmental Protection (DEP) and the EPA are both refusing to respond to the Foundation’s letter 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. We will continue to press on this issue. Read the full letter here.

The DEP approved the Sheetz, Inc. Construction Stormwater General Permit (CGP) on March 18, 2021, which was on or about the same day that they asked the company to post the sign at its new warehouse/transfer operation in the Burr Industrial Park. This left no time for the public to have proper notice or to be able to respond with concerns to the permit. This CGP registration should not have been approved at least until the public notice sign had been posted for a sufficient amount of time for the public to have an opportunity to notice the sign and review the registration application (at least 30 days). The DEP continues to bypass the rules to benefit the permittee while ignoring potential environmental risks and bypassing public notification. The Foundation will continue to insist the DEP follow the requirements of the law in this and other Stormwater Permit matters.

Appeal Filed in Case Re: Constitutionality of the $150M Tax Abatement Deal with WVEDA

The Foundation filed a Notice of Appeal on March 24 in the legal challenge of the constitutionality of the $150 Million tax abatement deal the WVEDA made with Rockwool. We are working on the necessary legal research to prepare briefs. For more information about this case and our view of lease buy back agreements in general, read here.

Rockwool Stormwater Construction Permit – Findings of Fact and Conclusions of Law

The Foundation is working on the Findings of Fact and Conclusions of Law briefs in our case versus the WVDEP and Rockwool that challenges Rockwool’s Construction Stormwater permit. Once all parties submit their briefs, we will wait for the EQB to render their decision. For more information on this case, please read here.

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. Yet again, Rockwool and the DEP are failing to cooperate with the procedures required by law. Jefferson County Foundation has submitted over 8,000 pages of discovery documents in response to Rockwool’s request. Rockwool and the DEP have continued to refuse to produce any discovery. On the threat of a motion to compel, Rockwool has produced what amounts to 32 documents, one of which made each page a separate document (which makes it look like they produced 139 documents). The Foundation is hip to the tricks of corporate lawyers that have nothing to produce because they have no defense of their case. Read the appeal.

New Lawyers on Board

The Foundation is working with two new groups of lawyers in two different areas of applicable law. Stay tuned for more action updates in this space.

Support our Foundation’s Work

The discovery process and specialized lawyers are expensive, but necessary for our legal strategy to be successful. 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 and urge you to continue to donate. We appreciate your continued support! In the meantime, we’ll keep you posted on how our active cases are going.

  • April 5, 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’re pushing forward this week on several permitting issues related to Rockwool. If you want to help support our legal efforts, please consider making a fully tax deductible donation: http://bit.ly/33yxyKc

Appeal of the DEP Order Filed

On April 1, 2020, Jefferson County Foundation filed an Appeal with the Environmental Quality Board of the DEP Order that is allowing the City of Charles Town to construct the super sewer to Rockwool without a Construction Stormwater General Permit registration. The City started work on the super sewer to Rockwool 17 days after they submitted the application for this registration. This application required review by the DEP and a 30-day public comment period, which the City clearly did not intend to wait for. The Foundation filed several complaints of this work without a permit. Instead of requiring the City to stop work until the permitting process was complete, the DEP gave an Order allowing the City to continue to work without a permit. This Order allows them to work under void permit conditions, and self regulate. Despite multiple complaints to the DEP, Snyder Environmental, under the supervision of the City, continues to fail to meet even the minimum standards. Read the appeal: https://bit.ly/3awAr2F

Make a difference – Submit a public comment on Charles Town’s Construction Stormwater General Permit Registration application

This permit is woefully insufficient to protect the ground and surface water of Jefferson County and beyond from contamination now and into the future. Please go to the Make a Difference page and send a public comment on the registration application to the DEP. Go here: http://bit.ly/30n6UV3

Submission of the Ranson Petition

Jefferson County Foundation supported the citizens group that submitted the petition to decrease the corporate limits of Ranson by removing the pipe stem annexation of Tackley Mills and Jefferson Orchards. This petition will trigger a vote in Ranson in which all registered voters can vote. If a majority of voters want this land to move back to the County, then it will go back to the County. This will give the people who live in the county right around this land a say in the development and oversight of this sensitive land right next to their house. This will also prevent Ranson citizens from paying for services to an industrial area out in the county. We hope the county will better represent the wishes of the people and lead the development of this land in a responsible direction.

EQB Hearing Date is Set

The Environmental Quality Board has set a hearing date for Jefferson County Foundation’s appeal of Rockwool Construction Stormwater General Permit. The hearing has been set for July 9 and 10.

Millville Quarry Update

Following complaints from Jefferson County Foundation to the DEP about Millville’s discharge to the Shenandoah River, a DEP inspector performed an inspection on March 11. Millville had 20 days to resolve the violations as set out in the inspection report. On repeat evaluation by the same inspector this week, Millville had improved some of the issues but had not resolved them all, including removing the limestone sludge form the stream bed tributary of the Shenandoah. They have been given until Monday to resolve the violations. We will be monitoring.

  • 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.

Charleston WV from bridge
  • February 2, 2020

Jefferson County Foundation Submits a Petition to the WVDEP

On Sunday, January 26, Jefferson County Foundation submitted a petition to Secretary Caperton of the West Virginia Department of Environmental Protection (WVDEP), asking that he require Rockwool to apply for and obtain an individual NPDES permit rather than a registration under the general industrial permit. This will allow better provisions and oversight to be added into the permit to protect the water resources of Jefferson County, Northern Virginia, Maryland, and the Chesapeake Bay. See the petition and exhibits on the documents page of our website.

Charleston Meetings

Jefferson County Foundation, with technical experts, met with senior government officials of the WVDEP on Monday, January 27, and shared our concerns with the stormwater construction, stormwater industrial and the air permits. Foundation president Chrissy Wimer joined members from JCV, EPGC, and Citizen Scientists in meeting with Delegate Paul Espinosa and the DEP during the E-Day activities in Charleston on January 28. The meeting with Espinosa was disappointing, but illuminating. While he said he was in favor of local control of development, he would not condemn the state driven WVEDA $150M bond agreement that usurped the desire of the local people and local development authority. He defended Rockwool, his employer, and denied that process water would be stored in the Rainwater for Reuse pond, but after showing him the site plan that clearly showed the storage, he conceded that some process water goes into the rainwater for reuse pond. He did not have any opinion or knowledge about the multiple house bills with environmental impact; in fact, he said he had not reviewed any of them.

Plumbing Plans

Through the FOIA, Jefferson County Foundation has obtained more up-to-date plumbing plans from the Charles Town City Council. Unfortunately, these plans still do not show where the samples for CTUB will be taken or the industrial effluent that will go to CTUB. Alarmingly, it still shows process water from inside buildings going to the rainwater for reuse pond. Please plan to attend the CTCC sewer workshop on February 12, which will feature Rockwool explaining to the CTCC and its experts the various risks to the Charles Town water treatment facility from Rockwool’s operations.

Millville Quarry Air Permit Update

Over 250 public comments were submitted to the WVDEP on the newest Millville Quarry temporary air permit through the Jefferson County Foundation website. It seems these public comments are already having an effect. Millville has requested to have their R13-3434T temporary permit (previous temporary permit) “retired.” On  January 10, a DEP inspection was done to verify that the equipment associated with that permit had been removed from the site. Check out the Foundation’s public comment and recent communications between DEP and the Millville Quarry on the Documents page of our website. 

Community Forum on Rockwool
  • January 12, 2020

Jefferson County Foundation’s Legal Counsel Filed a Reply with the EQB

On Thursday, January 9, the Foundation’s Counsel filed a Reply to the Objection of the Builders Supply Association of West Virginia to the Foundation’s Motion to Intervene on appeal 19-13-EQB. Appeal 19-13-EQB was filed with the Environmental Quality Board (EQB) by the Builders Supply Association of West Virginia and appealed the newest version of the General multi-sector stormwater permit.  They claimed that the newest version of the permit was too onerous. The Motion to Intervene on EQB appeal 19-13-EQB was filed by Jefferson County Foundation and eight co-interveners on December 4, 2019. We are fighting to keep these protective provisions in the permit so that it is more protective of our ground water resources. Next, the EQB will decide on our motion and the hearing date is set for mid-February. Read about the reply and motion in more detail here.

The Foundation is Fighting for Transparency on Rockwool’s Plumbing Plans 

On Monday, January 6, Foundation President Chrissy Wimer presented at the Charles Town City Council (CTCC) encouraging the City to get the updated Rockwool plumbing plans. It was disclosed in this meeting that the city intentionally avoided the need for public involvement in the council’s meeting with the City’s sewer engineer. Apparently, the council was divided up into small groups to meet with the City engineer, avoiding a quorum, and therefore the need to hold public meetings. The meetings were not noticed and they were closed to the public. Planning and conducting a series of small meetings to avoid having an open meeting is a violation of the Open Meetings Act. Check out the Open Meetings Act information here.

On Tuesday, the Foundation submitted a FOIA request to Charles Town to illuminate, for the public, what happened in these meetings and how they came about. Stay tuned to find out what happened.

Foundation Presented to the Loudoun Board of Supervisors

Tuesday, January 7, Foundation President Chrissy Wimer presented during the Loudoun County Board of Supervisors meeting about the Millville Quarry temporary air permit, and encouraged them to contact the EPA and DEP. Several of the Supervisors were interested and engaged on the subject. The Foundation sent letters with more information to the Supervisors and the Mayors and Councils of the seven closest towns in Virginia.

Over 250 Public Comments Submitted to the DEP from the Foundation Website

On Friday, January 10, the Foundation submitted detailed written public comment to the DEP asking that the Millville Quarry temporary air permit be denied. The public submitted over 250 public comments to the DEP on the Millville Quarry temporary air permit through the Foundation website. We thank you for taking the time to get this done. It has implications for our air and our fight against Rockwool.

Community Forum on Rockwool

The Community Forum on Rockwool held Friday, January 3 was a great success. We hope everyone found it helpful and we thank you for attending. We hope to make this a recurring event. If you missed the Forum, please check out the video.

Future Filings

This weekend, we are working on upcoming filings. If you have time to get involved this weekend, check out our Make a Difference page. If you would like to support our ongoing legal fight against Rockwool, please make a fully tax deductible donation on our donate page. If you have questions, don’t hesitate to contact us.