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  • Medical Facilities and the Environment

    By Ken Snyder, AVP Underwriting Great American

    Health Care is certainly a hot topic these days. While the debate over how to best address health care unfolds what is certain is that there continues to be significant growth in the industry with new hospitals being built, existing hospitals being expanded or upgraded, and an increase in the demand for outpatient clinics and ancillary facilities. While there is no debating the importance of these facilities in our communities, these sites utilize a variety of hazardous materials and generate large quantities of wastes which if accidentally introduced into the environment can have serious consequences.

    Chemicals used by medical facilities fall into several categories including disinfectants, medicines, housekeeping/maintenance chemicals, pesticides, sterilants, and laboratory reagents. These chemicals can be found in x-ray departments, medical administering areas, sterilization areas, maintenance departments and laboratories. Proper storage, handling, and disposal practices are critical to avoid introducing these toxic materials into the environment. Medical facilities are heavily regulated, however accidents do happen. If improper handling procedures result in a release to the environment, the facility owners and operators may be held liable for clean-up costs and potential third party bodily injury and property damage.

    Medical facilities generate large amounts of diverse waste that require proper disposal. A portion of the waste is hazardous and must therefore be packaged, transferred and disposed of properly to protect the people handling the material and the environment. Liquid biological wastes and liquid chemical wastes must be adequately separated from normal trash at the point of origin and are ultimately disposed of through on-site incineration, on-site auto clave, or processed at non-owned certified hazardous waste disposal sites. All three operations are a source of potential contamination and the medical facility, as the generator may be held liable for contamination associated with these disposal practices.

    In addition to chemicals and hazardous wastes, large quantities of petroleum products including gasoline, diesel fuel and fuel oil may be maintained on-site in underground or above ground storage tanks. These tanks may eventually leak resulting in the contamination of surrounding soils and groundwater which is very expensive to rectify.

    Indoor air quality also represents an area of significant concern for medical facilities since many patients have depressed immune systems and may be more susceptible to pollutants such as mold spores or legionella bacteria. The medical facility may be held liable for third party bodily injury suits from patients whose conditions have inadvertently worsened due to contact from these pollutants.

    With the development of new medical facilities or the expansion of existing medical facilities additional environmental exposures may come into play. Unknown pollutants may be discovered in the course of development especially if the project is located on a site with prior commercial or industrial uses or a Brownfield property. Demolition activities may contaminate adjacent medical suites with dust or other pollutants leading to clean-up costs and expenses for business interruption.

    Environmental exposures at medical facilities are not just limited to the owners and operators of the facility but also apply to any contractors working at such sites. From HVAC contractors inadvertently disturbing asbestos, plumbers causing a mold or legionella issue or a general contractor being sued for contaminating surgical suites with dust from remodeling activities – all face heightened environmental exposures around such sensitive sites and their at risk third party population.

    Environmental Insurance Company’s environmental liability products offer protection for Medical Facilities for exposures associated with the previously discussed pollutants.

    • Premises Environmental Liability Policy
    • Indoor Air Quality and Mold Liability Policy
    • Contracting Services Environmental Liability Policy
    • Professional and Contracting Services Environmental Liability Policy
    • Storage tank policy
    • Auto pollution liability
    • Property transfer coverage
  • Maine Passes CFL Recycling Law for Manufacturers

    environmental Strategist, between the lines: While Compact Fluorescent Lamps (CFL) offer energy savings there is an environmental offset to their use. CFL recycling laws will cross the country.

    However the big picture here is what commercial clients do you have that use Fluorescent lamps? How about your business? Fluorescent lamps have mercury in them and when they burn out the government categorizes them as a hazardous waste and they must be properly disposed of. How many companies just throw them in the dumpster? Disposing of fluorescent lamps in a dumpster is illegally disposing of waste and guilty parties can be fined, penalized or sentenced to jail. As a side note; for individuals or businesses facing environmental fines or penalties the government has a 98% conviction rate.

    If a company generates large quantities of waste fluorescent lamps you can hire companies that will come to your facility and recycle them on site. This recycling method eliminates creating a waste manifest which means you reduce future liabilities since our federal law states you own your waste from cradle to grave.

    Sustainability begins with risk management.

    Maine Passes CFL Recycling Law for Manufacturers
    by Trey Granger

    Maine is the first state to pass a law requiring companies that manufacture compact fluorescent lamps (CFLs) to fund recycling programs. Known as Legislative Directive 973, the law also establishes standards for the amount of mercury present in each bulb.

    Similar recycling legislation is currently being reviewed in California, Massachusetts and Vermont, while California already passed a law enforcing mercury content. While Maine is the first state to pass the CFL Recycling law, companies around the country, such as Home Depot, accept CFLs for recycling. Photo: Charlesandhudson.com

    CFLs have been endorsed by groups including the EPA and ENERGY STAR for their energy-efficiency and longer life span than incandescent bulbs.

    However, the presence of several milligrams of mercury has caused several states to ban them from landfills, which is not an issue with incandescent bulbs.

    LD973 will go into effect on Sept. 12, and manufacturers will be required to submit a recycling plan in 2010. Mandatory collection of bulbs will begin in 2011.

    Michael Bender, policy project director for the Mercury Policy Project, said in a statement, “Passage of this law sends a clear message out nationally (and globally) that a new day is dawning for total life cycle management and shared responsibility—from ‘the cradle to the grave’ for products containing mercury and other hazardous substances.”

    For consumers, it’s unlikely that Maine’s laws will provide any differences on the surface. Nationally, retailers including Home Depot and IKEA already accepted CFL bulbs for recycling, and Maine just completed a pilot-program where consumers could drop off burnt-out bulbs at other locations for free.

    Capitalizing on the new legislation, Air Cycle has upgraded the services of its LampRecycling.com site. The company offers recycling reports, certificates and tracking of shipped bulbs so its customers can be in compliance with CFL recycling laws.

  • Insurers Encourage Consumers to Go Green By Creating New Products and Services

    environmental Strategist, between the lines: Awareness creates demand and it’s obvious consumers are becoming environmentally aware or the insurance industry would not respond with the products highlighted in this article. Sustainability is a rising social value and therefore a business opportunity for you.

    What are you doing to assist your client’s on their sustainable path? ERMI offers you three green tools that will allow you to add value while assisting your client’s on their sustainable path. In the process you will drive your profits selling environmental liability insurance.

    DECEMBER 14, 2009
    INSURANCE INFORMATION INSTITUTE
    New York Press Office: (212) 346-5500; media@iii.org
    Washington Press Office: (202) 833-1580

    NEW YORK, December 14, 2009 — The United Nations Climate Change conference being held in Copenhagen this month is a reminder of the wide range of new insurance products and services available to people interested in “going green,” according to the Insurance Information Institute (I.I.I.).

    More than 600 innovative, eco-friendly products and services are now offered by 244 insurers, reinsurers, brokers and insurance organizations in 29 states; 37 percent of those activities come from U.S. companies. Twenty-two companies now offer 39 products and services specifically designed for new green buildings, and green upgrades for existing buildings, either following a loss or in the course of normal renovations.

    “Insurers have become good corporate citizens by creating important new green insurance products and services to reflect changes in society,” said Loretta Worters, vice president of the I.I.I.

    Furthermore, one insurer has introduced the world’s first-ever insurance for humanitarian emergencies, which was purchased by the World Food Programme. The innovative approach tracks rainfall amounts and patterns and pays claims well in advance of when post-event relief would be distributed. “By mobilizing aid faster than would be possible by traditional approaches, this product reduces human suffering and the overall costs of responding to humanitarian crises,” noted Worters.

    Below is a list of some of the innovative green products, services and discounts now available from insurance companies.

    VEHICLES

    • Pay as You Drive (PAYD) insurance programs. About two dozen insurers
      now offer PAYD programs in which a device or sensor in the car tracks miles
      driven, as well as speed. Depending on the program, different techniques are used
      to collect the information; some take odometer readings, others may use GPS
      systems. The information is then used to reward policyholders who drive fewer
      miles than the average driver by providing them with discounts.
    • Hybrid discounts. Some auto insurance companies offer premium discounts up
      to 10 percent for those who drive hybrid vehicles. A similar discount may also
      apply to hybrid-electric boats and yachts.

    HOMES

    • Insurers are helping to promote sustainable building practices by offering green homeowners and commercial property policies. In addition, they are responding to the growing demand for assistance with energy and emissions-reduction projects with risk management services that address global warming. Products include:
    • Premium discounts for those whose homes meet stringent efficiency and sustainability standards, e.g., LEED certified homes (LEED is short for the Leadership in Energy and Environmental Design Green Building Rating System, developed by the U.S. Green Building Council and is a recognized environmental standard in the building world).
    • Homeowners coverage that replaces/rebuilds after a loss with more eco-friendly materials is often offered as an endorsement to a standard homeowners policy. Some companies will pay homeowners extra if they replace old kilowatt-hungry appliances with Energy-Star devices and recycle debris rather than send destroyed materials straight to a landfill. (The Energy-Star label means the appliances meet an energy-savings rating created by a joint program of the U.S. Environmental Protection Agency and the Department of Energy.)
    • For homeowners who generate their own geothermal, solar or wind power and sell any surplus energy back to the local power grid, there are now policies that cover both the income lost when there is a power outage caused by a covered peril and the extra expense to the homeowner of temporarily buying electricity from another source. Policies generally cover the cost of getting back online, such as utility charges for inspection and reconnection.

    BUSINESSES

    • Green commercial property insurance policies and endorsements—some of which are directed at specific segments of the business community such as manufacturers—allow building owners to replace standard systems and materials with green ones, such as energy efficient electrical equipment and interior lighting, water conserving plumbing and nontoxic and low odor paints and carpeting, after a loss. In the event of a total loss, the policy will often cover the cost of rebuilding as a green certified building. This coverage may also pay for
    • engineering inspections of heating, ventilation, air-conditioning systems, building recertification fees, replacement of vegetative or plant covered roofs and debris recycling. Some cover the income lost and costs incurred when alternative energy generating equipment is damaged.

    The I.I.I. is a nonprofit, communications organization supported by the insuranceindustry.

  • Improper manure runoff kills thousands of fish

    environmental Strategist, between the lines: I am often asked to give examples of natural resource damages that would be covered under a pollution policy. In the example below, if the manure was properly applied and then a storm caused for excessive levels of manure to runoff and cause the fish kill, the cost to replace the fish and other aquatic life would be covered. There could also be business interruption claims due to the natural resource damages from fishing guides, marinas and other businesses that depend upon the natural resources to generate revenue. There will most certainly be legal fees for the guilty party, also covered under a pollution policy.

    Stormwater runoff is huge and impacts a wide variety of businesses. Other businesses besides agriculture with environmental liability exposure from storm water runoff include contractors, manufacturers, municipalities, hospitals, educational institutions, landowners, airports, golf courses / resorts…..

    BY TINA LAM
    FREE PRESS STAFF WRITER
    Thousands and thousands of fish in a 12-mile stretch of the Black River in Sanilac County were killed, along with other aquatic life, after someone improperly spread manure on farm fields, state officials said today. The manure washed into the river during heavy rains. Anglers started reporting dead fish on Monday. “It’s the biggest fish kill I’ve ever seen,” said Gary Towns, fisheries supervisor for the Department of Natural Resources in Southfield. Some of the dead fish were 2 feet long and as much as 10 years old, he said. He said it would take days to count the dead fish — at least 18 species, including northern pike, greater redhorse and smallmouth bass — and years for the river’s fish population to return to what it was before the spill.

    The kill extended from about 3 miles south of Croswell to the Port Huron Game Area, he said. “Anglers are calling us to express anger and sadness,” he said. “It’s unacceptable,” said Bob McCann, spokesman for the Department of Environmental Quality, which investigates contamination of surface waters in the state. The DEQ is still trying to find out what happened, but did trace the problem to manure spread on fields, he said. “We’re going to figure this out and hold whoever is responsible accountable,” he said.

  • Food processors spraying leaves west Michigan wells contaminated

    Erasing water woes a rough task
    8-10-09
    BY TINA LAM
    FREE PRESS STAFF WRITER

    FENNVILLE — John Dekker feels like he’s camping out in his own home. He showers with bottled water and drags his laundry to a Laundromat. He can’t sell his house without disclosing its glaring flaw — his well is contaminated.

    Neighbor Kari Craton’s fingernails turned orange; her appliances were destroyed. Diana Bennett’s garden is useless.

    Some 50 families live near a plume of groundwater contaminated with metals that spread from the local Birds Eye processing plant. At a nearby Minute Maid juice plant, there’s another plume.

    In rural west Michigan, food processors have sprayed so much wastewater onto fields that heavy metals seeped into groundwater, contaminating wells. State officials have known of the polluting for at least a decade but, residents complain, moved slowly.

    The list of tainted sites keeps growing. And the contamination plumes continue to spread as the Department of Environmental Quality and companies argue behind closed doors over what must be done. Frustrated residents say they’re bearing the costs — altered lives and fear of the water that pours from their taps — even as state and industry officials say there’s no acute health threat. “You’re living with all these problems, but you can’t get out,” Craton said.

    Worried residents want help

    On the wall of the family business is a collage of photos and awards Dick and Rita Pfister’s son earned in his too-brief life. He died at age 21 of gastric cancer, a disease his parents were told was highly unusual for someone his age.

    The Pfisters don’t know whether there is a connection between his death and their home’s metal-poisoned well — with water that got so dark, they couldn’t see the bottom of the tub when they filled it.

    What they do know is that juice maker Welch Foods, which sprayed wastewater on the fields across from their home for decades, knew about the tainted water as early as 1980.

    After their son’s death in 1999, the couple found in state records a 1980 report by a consultant to Welch noting contamination in some nearby wells, including theirs. The report said the wells should be replaced.

    “No one told us,” Dick Pfister said.

    It was not until 2006, three years after signing an agreement with the state to fix the problem, that a Welch official showed up on their doorstep, offering to replace the Pfisters’ well.

    A Welch spokeswoman declined to comment but said the company is working closely with the Department of Environmental Quality and is addressing problems with wells as they arise.

    Recent offers of help

    In agricultural towns across west Michigan, residents have found company representatives at their doors or notices of groundwater contamination in their mailboxes in the last few years, even though records show the companies and state regulators have known much longer about the problem.

    The state says residents don’t face any acute health dangers, but the long-term risks are uncertain. Industry officials say they are working with state environmental officials.

    The wells are contaminated because food processors sprayed untreated wastewater onto farm fields, a common and accepted practice for decades. The theory was that the wastewater would restore nutrients in soil and would be filtered as it percolated into groundwater.

    But scientists have determined in the last decade that too much fruit and vegetable waste on soil strips out oxygen, allowing naturally occurring metals and arsenic in the soil to leach into groundwater.

    Some streams have been contaminated, killing fish. Tainted groundwater also moves into wells, destroying water softeners, washers, dishwashers and plumbing. It causes orange fingernails and sick pets, residents say. More worrisome to them are what they see as unexplained tumors, illnesses and even deaths.

    No health studies have been done to assess whether the contaminants are to blame.

    “Boiled eggs turn black inside the shell,” said Kari Craton of Fennville, whose well has been replaced twice because of contamination from the local Birds Eye plant. “If it can get inside an eggshell, what do our insides look like?”

    In Fennville, some affected wells have 40 times as much iron as other areas in town.

    ‘It’s a two-edged sword’

    Agriculture is the state’s No. 2 industry, bringing in more than $63 billion last year. Firms that freeze, can and dry foods from asparagus to cherries employ thousands of workers.

    Most food processors, which buy local farmers’ crops, use the same spraying methods. Changing decades-old practices and repairing the damage is expensive. And times are tough.

    “It’s a two-edged sword,” said Terry Morrison, director of the Michigan Food Processors Association.

    Said Eric Chatterson, a DEQ official who handles contaminated sites: “This is a very widespread problem, and some of these plumes cover several square miles. We’re trying to deal with them as fast as we can.”

    He said the state must protect its groundwater and follow the law, but it doesn’t want to put processors out of business.

    The state has brought enforcement actions against more than a dozen firms for contaminating groundwater and collected more than $400,000 in fines. It’s investigating more sites — there could be more than 30.

    The DEQ pushes companies to change their practices, investigate the contamination and provide residents with new wells or city water. But that can take years and involve long legal battles.

    A Free Press review of state records found investigations of suspected contamination have dragged out for years. Companies denied responsibility, failed to meet cleanup deadlines and violated state law with leaks, spills and illegal dumping of fruit waste, records show.

    The DEQ negotiates agreements with companies in secret, without public input.

    At no site has groundwater been cleaned up. Whether that will ever happen is doubtful, DEQ officials say, since some plumes are so large that cleaning them up would cost hundreds of millions of dollars.

    A push for action

    In 2007, Kari Craton was among the first in Fennville to find out from Birds Eye that her well was contaminated. It turned her into an activist, knocking on neighbors’ doors and pressing officials for answers. She said she hasn’t gotten many.

    People in about 50 homes just outside town are living with jugs of bottled water, but 150 homes are in the plume’s path. Birds Eye, the town’s biggest employer, has blamed the contamination plume on other sources, but Chatterson said its spraying is the cause.

    The state is negotiating behind closed doors with Birds Eye over what to do.

    In a statement, Birds Eye said it shares residents’ concern about groundwater and is working with the DEQ to define the extent of the problem and fix it. It plans to spend $3.5 million for a plant to treat its wastewater.

    In the meantime, the company is spraying.

    The City of Fennville hopes to get about $4 million in state funding to upgrade its water system and extend water lines to affected residents, saving Birds Eye the cost.

    “I don’t think taxpayers should be paying to clean up corporate pollution,” Craton said.

    Residents are frustrated with the slow pace.

    John Dekker, who runs a hot tub business out of his home, said he has thought about walking away. His filters, heat boiler and water softener got so clogged with iron, they don’t work.

    “It’s so tiring dealing with this,” he said.

    Craton begged environmental activist Erin Brockovich to get involved. Brockovich came to town this spring, and her law firm has announced it will file a group lawsuit on residents’ behalf.

    No acute risk, state says

    State officials have told the residents of all these towns there is no acute health risk, despite tests showing metals, arsenic and lead above drinking water standards.

    A 2007 study by state health officials in Sturgis — where Abbott Laboratories’ spraying contaminated groundwater with metals — said if wells are replaced, there is no current exposure and no immediate hazard.

    But the study said it was unknown whether past exposure had hurt health and noted that pregnant women and children were at greater risk.

    “It’s a cop-out to say there’s no acute hazard,” said Dr. Michael Harbut, a toxicologist at the Barbara Ann Karmanos Cancer Institute in Royal Oak. “Asbestos contamination is not acute, either. People don’t die acutely of toxins.” Toxins do damage over long periods, he said.

    Harbut said various illnesses can be caused by too much arsenic, iron and manganese, from Parkinson’s disease to liver damage and cancers.

    “No 21-year-old randomly dies of gastric cancer,” he said. “This makes me mad. If my family lived in a place where the water contained arsenic and metals exceeding federal drinking water standards, I’d be camping out on the front steps of the state Capitol.”

    A law firm in Traverse City has sued several cherry and blueberry processors on behalf of residents faced with groundwater contamination and overpowering odors from the companies’ waste.

    “I grew up here,” said lawyer Michael Grant, who represented residents in several suits. “I don’t want us to lose our cherries or blueberries. But these are choices these companies make. They’re cutting corners.”

    New well, bad water

    In Lawton, Welch drilled the Pfisters a new well, but its water was bad, too.

    The DEQ ordered the company to put in another new well this summer.

    Welch also installed new plumbing, hot water and a new reverse osmosis system, all ruined earlier. But Dick Pfister said he doesn’t yet trust that his water is OK.

    And a neighbor two doors down is starting to have black water and impenetrable orange slime in plumbing, the same symptoms the Pfisters once had.

    Under a DEQ permit, Welch is expanding the size of its spray fields to try to spread the waste over a larger area. Pfister said he worries for neighbors.

    “I think Welch is a good company, but they’re doing this cheaply,” he said. “They just don’t realize what they’re doing to people around here.”

    Years of food processors’ waste turns Michigan’s natural treasures to ruins

    Wastewater, disposal cost put some out of business
    BY TINA LAM
    FREE PRESS STAFF WRITER

    While searching for a lost cow, farmer Charlie Brozofsky discovered in late 2002 that a stream on his property was tainted. The stream, usually clear and rippling, was slimy orange.

    What unfolded next was a saga of illegal blueberry waste dumping, which contaminated the groundwater that fed the stream, killing fish and other aquatic life in it.

    In Michigan’s prized fruit and vegetable industry, processors have contaminated groundwater with metals and arsenic by spraying wastewater on fields — a 40-year-old practice that has led to polluted wells.

    But in some cases, they also have dumped or spilled their waste into streams, marshes and wetlands, damaging them for years to come.

    Two companies responsible for dumping the blueberry waste are still arguing with the state over cleaning up the stream, which flows to Platte Lake.

    Eric Chatterson, the Department of Environmental Quality official overseeing the cleanup, visited the stream last week. There’s still no life in it seven years later, he said.

    “Even leaves don’t decay in there,” he said. Trees along the stream are still dying. The spring that feeds the stream gushes like orange paint.

    The fixes are complex and expensive.

    Processors, neighbors disagree over solutions

    Keith Boyce’s family used to own commercial trout ponds near Honor on property Boyce bought in the early 1970s.

    “We had a nice little business there,” he said. “Kids would come catch rainbow trout.” They also sold fish to markets.

    That ended in 2003 after neighboring Brozofsky discovered that the stream that fed the ponds was orange, contaminated with what turned out to be sky-high iron.

    Boyce, who now lives in Kalamazoo, said the contamination wiped out thousands of small rainbow trout in the ponds and forced the closure of the business.

    “We couldn’t see the bottom of the ponds, but the fish were gone,” he said. “It killed us.”

    The ponds are now filled in, and Boyce sold the property at a loss. “I was disgusted,” he said.

    According to Department of Environmental Quality documents, the pollution came from illegal dumping by Graceland Fruit, a processor in Frankfort that needed to get rid of blueberry juice waste, and Bonney Brothers Pumping Co. of Honor, which hauled 493 tankers of Graceland’s waste and dumped it in a gravel pit from about 1999 to 2003. Bonney had no permit to dump the blueberry waste.

    Harmful wastewater

    As Michigan food processors are discovering, their wastewater is bad for groundwater, streams and marshes.

    It’s laden with sugars and salts that trigger a biological process that strips out oxygen and pulls natural metals in soil into the groundwater. Those metals, in high enough doses, harm fish and other aquatic life.

    The waterways can take decades to recover.

    Scientists figured out only in about the past decade that the wastewater is so harmful. No one has found a perfect replacement for the decades-long practice of spraying wastewater onto fields to get rid of it.

    Companies that contaminate groundwater have to pay to investigate the problem and to clean it up. Then they have to find a new way to dispose of their wastewater.

    The problems are expensive.

    In Honor, while not admitting fault, Graceland and Bonney paid $250,000 to the state, including $100,000 for damage to natural resources, and an undisclosed amount to Brozofsky in lawsuit settlements. The companies excavated the pit, and Graceland built a $5-million system to treat most of its wastewater.

    The two companies are required to rehabilitate the stream, which flows to Platte Lake, by 2013. What that will mean, exactly, is still uncertain.

    Graceland’s owner and attorney could not be reached for comment. “We want to make sure what we do to fix the problem doesn’t make it worse,” said Joseph Quandt, attorney for Bonney.

    The companies argue that left alone, the groundwater and stream will recover in a few years.

    The DEQ and the farmer disagree. The DEQ said the groundwater might have to be extracted and cleaned to cure all the problems.

    “They’re going to have to clean it up, that’s all there is to it,” Brozofsky said. “They made a terrible mess.”

    ‘We got fed up’

    The Cherry Blossom plant in Williamsburg, which turns fresh cherries into maraschinos year-round, also got into trouble over its waste.

    Starting about 2000, neighbors and the DEQ fought with the company over the handling of its wastewater.

    The DEQ slapped violation notices on Cherry Blossom for illegally sending wastewater from a lagoon into ditches, wetlands and a swamp. Neighbors as far as 2 miles away complained of odors, which they compared to rotten eggs or dead animals.

    “We got fed up,” said Brad Boals, a neighbor.

    The state and neighbors filed lawsuits in 2006, forcing the company to haul its wastewater away in tanks and clean up the lagoon. The DEQ collected $120,000 in fines. Neighbors won $350,000.

    According to DEQ documents, there is evidence that Cherry Blossom contaminated residential wells. It was required to do more tests, but the latest report to the DEQ is overdue, so how bad the contamination is and how far it has spread is unclear.

    Attorney Michael Corcoran said the company spent more than $1 million in the last three years complying with all the rules — a strain on its bottom line. Cherry Blossom closed this summer. Owner Chris Hubbell hopes to sell it to a new processor, who will have to figure out how to dispose of the wastewater.

    Finding a solution

    “A long-term solution to the wastewater problem has to be figured out,” not just for Cherry Blossom but for other processors, too, Corcoran said. “People in the business can see this has to be resolved for the whole industry.”

    Quandt, who represents a dozen food processors, agreed. “The problem is that people don’t want to fully acknowledge the problem,” he said. “They want to do it like their daddy did it.”

    Quandt, who used to work for the DEQ, said he’s trying to educate his clients. Many are recognizing they must change.

    The DEQ can’t force that change too quickly, he said. Building a wastewater treatment system can cost $3 million to $5 million, and many processors have such tight margins, they can’t afford it.

    Still, the agency must enforce the law.

    “If we ignore it, they’re happy to ignore it,” said Janice Heuer, a DEQ engineer who inspects food processing plants in northwest Michigan.

    “The solutions will come from them,” she said. “I have a lot of respect for the people at these plants. I think when they realize the extent of the problem, they will work together to solve it.”

    Contact TINA LAM: 313-222-6421 or tlam@freepress.com

    Additional Facts

    Future solutions?

    • Inject it into disposal sites, such as old oil and gas wells, deep underground.
    • Build treatment systems, similar to those that cities and towns have for treating sewage. Some
      plants have spent millions of dollars to do this.
    • Hook up to city wastewater treatment systems.
    • Build pretreatment systems that remove heavy concentrations of sugars and salts, leaving water clean enough to pump into local waters.
    • Pay to haul it to city wastewater treatment plants.
    • Use less water, or recycle it within the plant. Many plants are trying this.
    • Through scientific studies, including some under way at Michigan State University, determine a safe level of spray irrigation that won’t create conditions that harm groundwater.

    Tina Lam

  • Fire, explosions at welding company

    MARYSVILLE, Mich. (AP) – Authorities say multiple explosions have been reported and at least one person has been hospitalized after a fire broke out at a Michigan welding supply company.

    Marysville Police Chief Tim Buelow tells the Times Herald of Port Huron that an employee was removing a valve from a settling tank Monday morning when it exploded. He says residents are being told to stay inside because of the potential for airborne chlorine gas.

    Buelow says he did not know how many employees were inside when the fire broke out. He says several tanks exploded and there were reports of flying shrapnel.

    The Times Herald says authorities have begun evacuating nearby homes and businesses.

    No further details have been released.

    ——

    Information from: Times Herald

    Copyright Associated Press, Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  • Erin Brockovich to visit Fennville this month to discuss community’s contaminated water problem

    Posted by The Grand Rapids Press April 09, 2009 23:05PM
    FENNVILLE — Environmental crusader Erin Brockovich, who helped California residents earn a $333 million damage settlement from an energy company, is slated to visit Fennville this month to discuss water contamination allegedly coming from the Birds Eye food processing plant.

    Brockovich, who inspired the 2000 namesake movie starring Julia Roberts, will hold a community meeting from 6 to 8 p.m. April 21 in the cafeteria of Fennville Elementary.

    Birds Eye, the town’s major employer, is accused of spraying wastewater from its fruit-processing operation that has led to high levels of arsenic, iron and manganese in the wells of about 50 nearby homeowners.

    The health risk is uncertain but the concentrations exceed state standards for drinking water, the Department of Environmental Quality has said.

    The state says the discharge strips soil of oxygen, freeing the metal oxides and sending them into the water. Birds Eye has provided bottled water to affected residents.

    Brockovich helped expose that Pacific Gas and Electric was poisoning Hinkley, Calif., water wells with toxic metal Chromium 6, a cancer-causing compound.

    © 2009 Michigan Live. All Rights Reserved.

    environmental Risk Managers, Inc. (eRMI) points out this is a huge exposure facing a variety of your client’s that deal with, manage or dispose of waste water. Land application is very common for human septage, livestock waste, agricultural produce, manufacturing…. Most waste water treatment processes do not break down herbicides, pesticides, pharmaceuticals…. The number one user of antibiotics and steroids is the pork, poultry and beef industry.

    As a business owner / investor I would not like Erin Brockovich showing up to campaign against me. What a PR nightmare.

    Can your client’s self insure this exposure or will they look to your E&O coverage when they have a claim?

  • EPA Revs Up Leased Construction Equipment Retrofit Program Release date: 03/26/2009

    Working to boost the economy while protecting human health and the environment, the U.S. Environmental Protection Agency (EPA) has awarded the Northeast States for Coordinated Air Use Management (NESCAUM) a $400,000 grant to help retrofit construction equipment that is leased to construction projects throughout the Northeast.

    Placing on this equipment slashes harmful pollutants from diesel engines, which can directly impact people’s health, including by bringing on asthma attacks. The check was presented to Paul J. Miller, NESCAUM Deputy Director by George Pavlou, EPA’s top local official, at a ceremony at H.O. Penn Machinery in the Bronx, a prominent Caterpillar Equipment dealer with locations through the Northeast.

    “Construction equipment is often leased, and getting rental facilities to put pollution controls on their equipment means cleaner air for communities everywhere the leased equipment is used,” said George Pavlou, Acting EPA Regional Administrator. “Grants like this one create jobs while making a healthier future for our children.”

    NESCAUM, a clean air association of the eight Northeast states, will use the EPA grant to retrofit diesel-powered rental construction equipment operating in the six New England states, New York and New Jersey. According to equipment inventories, as much as 25 percent of construction equipment in these areas is owned by rental companies, which is often not equipped with available clean diesel technology. NESCAUM will also work with the construction industry associations in the region and with the manufacturers of emission control devices to aid vehicle retrofits and target rental companies, provide guidance in selecting vendors and technologies, and facilitate competitive bids for the control technology and its installation. The retrofit project runs from December 2008 through December 2010.

    Throughout the nation, EPA is helping diesel grantees use the funds to implement clean diesel projects that will cut thousands of tons of diesel emissions, including particulate matter and nitrogen oxides. As a result, the projects would also reduce premature deaths, asthma attacks and other respiratory ailments, lost work days, and many other health impacts every year.

  • EPA Indian Policy

    environmental Strategist, between the lines: If you work with Indian Nations share this recent EPA memo with them. This “reaffirmation” means the EPA is going to be taking a closer look at environmental issues on tribal lands. This subtle warning about “Change” by the EPA means now is the time to make sure your environmental issues are in order.

    With regard to EPA fines and penalties against individuals and/or businesses, the EPA has a 98% conviction rate.

    Memirandum
    EPA Indian Policy
    Lisa P. Jackson

    In 1984, the U.S. Environmental Protection Agency became the first federal agency to adopt a formal Indian Policy. Today, 25 years later, I am proud to formally reaffirm that policy. By my action, EPA reiterates its recognition that the United States has a unique legal relationship with tribal governments based on the Constitution, treaties, statutes, Executive Orders, and court decisions. EPA recognizes the right of tribes as sovereign governments to self-determination and acknowledges the federal government’s trust responsibility to tribes. EPA works with tribes on a government-to-government basis to protect the land, air, and water in Indian country.

    EPA’s tribal program has evolved since the Indian Policy was first adopted. Many significant milestones and successes in the EPA-tribal environmental partnership during these years can be directly traced to the EPA Indian Policy and the EPA-staff commitment to the EPA Indian Policy.

    Today, EPA faces unique challenges that both the President and I believe require a full commitment to our nation’s environmental and energy future: Leading the world in reversing our collective greenhouse gas emissions’ growth, decreasing our dependency on foreign oil, creating millions of new jobs in emerging clean-energy technologies, and reducing the pollution that can endanger our children. A clean energy environment is to this decade and the next what the Space Race was to the 1950s and 1960s, and, as America moves forward, tribes are essential partners in this future.

    It is an important day in our partnership with tribes as EPA builds on past successes and strives to meet current and future environmental challenges in Indian country. Please join me in continuing to build a strong partnership with tribal governments to protect human health and the environment in Indian country.

    Sincerely,
    Lisa P. Jackson

  • U.S. EPA Makes Available Data On Compliance With Hazardous Waste, Air Regulations.

    November 9, 2009
    Washington, DC – The U.S. Environmental Protection Agency (EPA) released new 2 information on EPA and state enforcement of hazardous waste and air regulations. In addition, the EPA posted data that allows the public, for the first time, to compare toxic releases with compliance data from facilities. This is part of EPA’s ongoing commitment to increase transparency and promote the public’s right to know by improving access to available data.

    EPA made available new summary reports and data from 2004 through 2008 on EPA and state enforcement program performance with Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA) requirements. The reports include online graphs, trend information on enforcement and compliance in each state, and comparative reports. Data such as compliance monitoring activity, violations discovered, enforcement actions taken, and penalties assessed are available.

    EPA also updated the agency’s Enforcement and Compliance Online (ECHO) Website to allow users to view current information on facility compliance with water, air, and hazardous waste requirements in relation to pollutant release data from EPA’s Toxics Release Inventory and National Emissions Inventory databases. This provides the public with more information on the overall environmental footprint of each facility.

    In the agency’s reviews of both EPA and state enforcement program performance, it identified several concerns with some programs, including uneven enforcement response, failure to identify high priority violators, and inadequate penalty assessment. The recommendations that EPA made on how to address these concerns are now available through the ECHO website.

    ECHO allows users to find permit, compliance monitoring, violation, enforcement action, and penalty information over the past three years. ECHO provides communities with important enforcement and compliance information about regulated facilities. Included in the new information released today is a list of commonly asked questions about the CAA and RCRA programs, such as air quality, pollutant releases, state performance, and overall compliance rates.

    The compliance data posted today tells only one part of the story and does not relate directly to overall hazardous waste management or air quality, which have improved in the United States over the past 30 years as the result of local, state, and federal implementation of environmental programs.

    SOURCE: U.S. Environmental Protection Agency