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  • 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

  • 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.