Tag: Riparian Property Owners

  • There Are 532 Superfund Sites in Indian Country! How many contaminated sites don’t we know about?

     environmental Strategist™, between the lines:  My question after you read the article below is how many contaminated sites don’t we know about?

    Under CERCLA you are responsible for the environmental condition of your property.  What if a third party contaminates your property and they do not have the financial ability to correct the problem?  Your asset has just become a liability.

    Contamination from third parties can come from air, water, soil, ground water or just over the surface of the land and below are real life examples.

    While this article points out that 25% of Superfund sites are on Tribal land, the other 75% represent and even greater impact on human health and the environment.

    Environmental Strategist™ Risk Management Tip:  Environmental insurance can protect real estate owners if third parties contaminate their property.

    Environmental Trivia Question:  Where are the highest concentration of Superfund Sites in the United States?  Answer below article.

    Kill the Land, Kill the People: There Are 532 Superfund Sites in Indian Country!

    Terri Hansen:  Indian Country Today – 6/17/14

    Of a total of 1,322 Superfund sites as of June 5, 2014, nearly 25 percent of them are in Indian country. Manufacturing, mining and extractive industries are responsible for our list of some of the most environmentally devastated places in Indian country, as specified under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the official name of the Superfund law enacted by Congress on December 11, 1980. 

    Most of these sites are not cleaned up, though not all of the ones listed below are still active. Some sites are capped, sealing up toxics that persist in the environment. In cases like the Navajo, the Akwesasne Mohawk and the Quapaw Tribe, the human health impacts are known because some doctors and scientists took enough interest to do studies in their regions. Some of those impacts may persist through generations given the involvement, as in the case of the Mohawk, of endocrine disrupters. 

    TheSalt Chuck Mine Superfund site in southeast Alaska operated as a copper-palladium-gold-silver mine from 1916 to 1941. Members of the Organized Village of Kasaan, a federally recognized tribe, traditionally harvested fish, clams, cockles, crab and shrimp from the waters in and around Salt Chuck, unaware for decades that areas of impact were saturated with tailings from the former mine. As if that weren’t enough, Pure Nickel Inc. holds rights to mining leases in the area and began active exploration to do even more mining in summer 2012, according to Ground Truth Trekking.

    The Elem Band of Pomo Indians, whose colony was built on top of the waste of what would become California’s Sulfur Bank Mine Superfund site in 1970, have elevated levels of mercury in their bodies, and now fear for their health. According to an NBC News investigation, nearby Clear Lake is the most mercury-polluted lake in the world, despite the EPA’s spending about $40 million over two decades trying to keep mercury contamination out of the water. Although the EPA cleaned soil from beneath Pomo homes and roads, pollution still seeps beneath the earthen dam built by the former mine operator, Bradley Mining Co. For years, Bradley Mining has fought the government’s efforts to recoup cleanup costs.

    The Washoe Tribe of Nevada and California requested EPA involvement in the cleanup of an abandoned open pit sulfur mine on the eastern slope of California’s Sierra Nevada that became the Leviathan Mine Superfund site. The Washoe Tribe had become concerned that contaminated waters were affecting their lands downstream, causing impacts to culture and health, environmental damage, remediation, monitoring and testing, posting of health advisories, drinking water, effects on pregnancy, and cancer. Aluminum, arsenic, cadmium, iron, manganese, nickel and thallium have beendetectedin surface water and sediment downstream from the mine. The U.S. Centers for Disease Control and Prevention (CDC) concluded that exposures could result in cancerous and non-cancerous health effects.

    The abandoned FMC phosphorus facility occupies more than 1,000 acres of the Shoshone-Bannock Tribes’ Fort Hall Reservation in Idaho, and lies within Eastern Michaud Flats Superfund site. The primary contaminants of concern at the site are arsenic, elemental phosphorous and gamma radiation. FMC left a legacy of contamination in the air, groundwater, soil and the nearby Portneuf River, which threatened plants, wildlife and human health on the reservation and in surrounding communities. The Shoshone-Bannock have long asked for a cleanup of contaminated soils, but instead the EPA’s 2012 interimremedyis to cap and fill, including areas containing gamma radiation and radionuclides.

    Answer to trivia question:  Silicon Valley

  • Potential value of environmental liability insurance — AST spills into Colorado River

    environmental Strategist, between the lines:  Businesses often times question the value environmental liability insurance offers their business model.  Below is s simple spill that only released 7,500 gallons of oil from an Above Ground Storage Tank.

    The premium for a $1,000,000 Above Ground Storage Tank policy runs roughly $400.  So the premium versus the face value of the policy means it cost the insured $.0004 cents on the dollar for the insurance versus self insuring and paying 100 cents on the dollar out of your own pocket for cleanup costs, defense, third party bodily injury, third party property damage, third party business interruption….

    Environmental insurance versus self insurance, what adds more value?

    7,500 gallons of oil spills into Colorado river

    Fort Collins Coloradoan – by Ryan Handy

    FORT COLLINS, Colo. — A storage tank damaged by recent flooding has dumped 7,500 gallons of crude oil into the Poudre River near Windsor, the Colorado Oil and Gas Conservation Commission (COGCC) reported late Friday afternoon.

    “At this time we know of no drinking water intakes affected by this spill. The release is not ongoing,” COGCC spokesman Todd Hartman said

    The oil has stained vegetation as far as a quarter of mile away from the damaged tank, Hartman said.

    The tank’s operator, Noble Energy, discovered the spill Tuesday afternoon and later reported it to the COGCC, the state’s regulatory agency for the oil and gas industry. Recent high river flows undercut the bank where the storage tank was sitting, causing the tank to drop and breaking a valve. About 178 barrels of oil dumped into the river.

    The well near the tank has been shut in, and a second tank in the area appears to be unaffected, Hartman said in a news release.

    COGCC and water quality experts from the Colorado Department of Public Health and Environment were at the scene of the tank spill, where clean-up efforts were underway Friday. Clean-up crews are working to absorb the spilled oil and a vac-truck is removing oil-filled standing water from a low-lying area around the tank.

    The site of the spill is southeast of Fort Collins near the Poudre River Trail.

    Contributing: Associated Press

  • ‘New normal’: No one escapes pain in drought areas

    environmental Strategist, between the lines: Everything that exists on our planet is impacted by environmental exposures as the article below points out.  According to the report below “drought now covers about 38 percent of the lower 48 states”, so people living in drought areas are getting a real life experience just how precious a resource water is.

    We can’t control our environment but we can do a better job of utilizing the resources we need to live.  Since 99% + of species that have inhabited earth are extinct the odds say we better wake up or we won’t be smelling any roses.

    Our environment is creating demand for environmental Strategist™ much like computers created demand for IT professionals.  The big difference being one you can live without and one you can’t.  For a better life www.estrategist.com.

    Mark Koba | @MarkKobaCNBC , 5-20-14:

    The dry conditions in the western U.S. are so bad that even many of the companies that are thriving in the drought feel economic pain.

    Case in point—Limoneira, of Santa Paula, California, and one of the largest U.S. growers of lemons and avocados: It reached record revenue of $100 million this year thanks to higher prices brought on by a freeze in South America, said president and CEO Harold Edwards.

    Despite the higher sales, however, getting through the drought is costly, said Edwards, who noted that his firm constantly monitors its underground wells so as not to overuse them.

    “We have to do more water pumping, invest in sprinkler systems, and every extra irrigation costs us,” said Edwards, whose company has some 11,000 acres in agricultural production.

    eS factoid:  80% of the worlds fresh water is used for Agriculture.

    Analysts say that no matter what, farmers, businesses and consumers are going to feel the effects of the drought, and survival will mean shared pain through conditions that show no sign of letting up.

    “This is the new normal,” said Lori Anne Dolqueist, a partner at the law firm Manatt, Phelps & Phillips and an expert in California water regulations. “In terms of the drought, we can’t just expect to wait it out and pray for rain. We have to do a lot more through education on how we use water, stricter laws on water use and other means to get a handle on it,” she said. “And that means a tough conversation for everyone about water.”

    Severity of drought

    The current drought is not a new one. Various states have been in drought conditions for the last three to four years. But the severity of what’s happening now is alarming to many observers.

    For the first time in this century, the entire state of California is in a severe drought or worse, according to the U.S. Drought Monitor.

    Drought conditions in Oklahoma have farmers there expecting only 20 percent of their normal wheat yield this spring. States like Kansas Arizona, Nevada, New Mexico and Colorado are also caught in the grasp of extremely dry conditions.

    And a dearth of rain over the past four years in Texas has climatologists saying the state is suffering the worst drought conditions of the past 500 years. Dozens of Texas communities, especially in the southern part, are said to have less than 90 days of water, putting lives at risk.

    California’s drought will deal a severe blow to Central Valley irrigated agriculture and farm communities this year, and could cost the industry $1.7 billion and cause more than 14,500 workers to lose their jobs, according to preliminary results of a new study by the UC Davis Center for Watershed Sciences.

    Consumers are taking a hit as well: Prices for meat, eggs, fresh fruits and vegetables and other foods are on the rise, in large part because of the drought that has seized western states.

    The drought has an economic trickle-down effect that could leave some towns and communities devastated, said Umar Sheikh, an industry sector credit analyst at insurance firm Euler Hermes.

    “Without water, there are no crops, and you have an exodus of people moving out of the areas,” argued Sheikh. “That means less kids in schools, less tax money for the towns and more dependence on government assistance.”

    With weather conditions as they are, a whole new way of thinking about water use is necessary, said Wayne Tucker, founder of BIO S.I. Technology, which makes microbial soil that helps increase water nutrients and efficiency for agriculture.

    “Instead of planting 5,000 acres of a crop that could use thousands of gallons of water, we need to reduce crop planting to something like 2,000 acres, ” argued Tucker. “We’re not getting the sufficient rainfall we need to keep doing what we have been doing.”

    Lynn Wilson, academic chair at Kaplan University and an environmental researcher said it will take more than just shorter showers to help the situation.

    “We have to look at all kinds of methods to save and produce water, like desalination as expensive as that is, and reusing waste water,” she said.

    Preparation for drought conditions is key, said Euler Hermes’ Sheikh.That means bigger reservoirs for storing water when it rains so there’s enough to go around during dry spells, he said.

    An online wine-selling outlet, NakedWines.com, said it’s helping wine growers in California with its own relief efforts. CEO Rowan Gormley explained that NakedWines, which uses crowd funding from its customers to invest in wineries, allows those wineries to switch to producing other wines that aren’t threatened by the drought.

    The online outlet has also invested in wineries that have their own water sources. But the company’s efforts don’t help everyone—Gromley noted that it’s primarily premium wines whose growers have sufficient water, whereas the drought is a bigger concern for “entry-level wines sourced out of the Central Valley of California.” NakedWines doesn’t focus on those areas.

    ‘Share the burden’

    According to the most recent outlook, drought now covers about 38 percent of the lower 48 states. Most of the Texas and Oklahoma Panhandles, northeastern New Mexico, and southwestern Kansas received only a few tenths of an inch of rain from mid-April to mid-May, when precipitation is usually on the increase in this region.

    And drought persistence is highly probable along the West Coast and in the mountain areas of states such as Colorado, where summer is a relatively dry time of year and both surface and subsoil moisture almost always decline.

    Experts say even if there were huge amounts of rainfall in the months ahead, the drought won’t go away, and it’s time to look for new ideas.

    “Whole civilizations in the past have disappeared because of lack of water,” said Kaplan University’s Wilson. “We’re going to be fighting over resources like water and it’s time we looked at them as having limits.”

    —By CNBC’s Mark Koba.

  • Marinas, Yacht Clubs, and Shipyards…What is your strategy?

    Environmental Strategist, between the lines: 

    I often talk on the three benefits environmental insurance offers insureds besides what most people think of, first party cleanup.

    3 benefits of environmental insurance: 

    1.  Defense Coverage
    2. Specialists to assist you in handling a claim
    3. Coverage for third party Bodily injury, third party property damage, Third party business interruption.

    You can read the story below and view videos on how a simple boat fire impacts all three of the benefits offered by environmental insurance.  I would also like to point out that over the years when I have strategized on marine fires the quick response back I most often hear from the environmentally uninformed is a boat will burn and sink, besides fuel you won’t have any other liabilities.  Read On!

    La Conner boat fire. Photo courtesy of the Seattle Times
    La Conner boat fire 2/21/14. Photo courtesy of the Seattle Times

    La Conner marina fire: sunken boats and ‘broken hearts’

    A fire destroyed seven boats and damaged at least eight more, totaling an estimated $1 million in damage at Shelter Bay Marina near La Conner in Skagit County on Friday afternoon.

    The fire started at about 4 p.m. on one boat at the residential marina and quickly spread to adjacent boats, according to Shelter Bay community manager David Franklin.

    One dock was engulfed in flames, which allowed one burning boat to float to another dock and further spread the fire, he said.

    Firefighters were able to contain the damage on the adjacent dock, but they weren’t able to fully knock down the fire until shortly after 6 p.m., Franklin said.

    “There were no injuries,” he said, “just a lot of broken hearts for those boats that were lost.”

    Dylan Furst, of Bellingham, said he saw the cloud of black smoke from about two miles away while he was driving to Bellingham from Deception Pass. He could smell the smoke from more than 400 yards away, he said.

    Furst said firefighters had trouble aiming directly at the flames because the boats kept drifting.

    “It was just one big fire of boats,” Furst said. “They weren’t separated at all.”

    Firefighters from multiple agencies responded, including the Swinomish Reservation, Skagit County, La Conner and the U.S. Coast Guard.

    Some residents tried to move unaffected boats away from the flames as firefighters battled the blaze with water and foam, the Swinomish Yacht Club reported via Twitter.

    “With boat fires, with the water, fiberglass, fuel and the intensity of the flame, it’s very difficult to put out,” La Conner Fire Chief Dan Taylor said.

    The 15 boats that burned are 40- to 50-foot pleasure craft kept at the 325-slip marina in the private, gated community of Shelter Bay on the Swinomish Channel. Six of the seven boats that were destroyed sank, and the seventh was severely burned, Skagit County Fire District 13 Chief Roy Horn told the Skagit Valley Herald.

    One resident told the newspaper that his $300,000 yacht, with 400 gallons of diesel fuel, burned and then sank.

    “They were nice boats,” Franklin said. “Very nice boats.”

    Franklin said officials will work to determine the cause and the full extent of the damage Saturday, as well as the possible environmental impacts, including the diesel fuel that leaked into the channel.

    “We’ll see what the morning light brings,” Franklin said. “Hopefully, tomorrow, it won’t be as bad as we think.”

    Material from The Associated Press was used in this report.

    Paige Cornwell: 206-464-2530 or pcornwell@seattletimes.com

    Update 2-26-14:  LA CONNER —

    Recovery operations of several sunken ships continue this week in Shelter Bay.  Crews were able to remove two damaged vessels this weekend but have run into problems recovering the remaining five ships. Fire damage to the ships has complicated the salvage efforts.

    Crews are also using placing booms and absorbent pads on the water to recover fuel after discovering skimmers to be ineffective. Damage is estimated at more than $1 million. The cause is still under investigation.

    Update:  All burned boats removed from La Conner marina

    The Associated Press LA CONNER, Wash. — 

    All six boats that sank during the fire at the Shelter Bay Marina in La Conner have been pulled from the water.

    Ecology Department spokeswoman Lisa Copeland also says 600 gallons of diesel were removed from a seventh vessel that was destroyed in Friday’s fire but did not sink.

    The Skagit Valley Herald reports (http://bit.ly/1k9f0HC ) cleanup of an estimated 2,400 gallons of spilled oil and fuel may continue through Friday.

    Copeland says there have been no reports of oiled birds or other impact to wildlife.

    The property loss from the fire is estimated at more than $1 million.

    These videos give a prime example of the public outcry that results when pollution incidents occur, and show another major reason why environmental liability coverage is such a valuable asset for businesses. Especially when local residents are potentially impacted and government regulators get involved –

    Video of the fire scene and local residents reactions  

    Video of the aftermath

    Video of Salvage operations 

    Video of the fire from third party spectators  

     

     

     

  • Chemical spill a blow to W.Va. capital’s economy

    environmental Strategist™, between the lines:  This environmental loss below is a very simple real life example of why environmental Strategist state that every business is impacted by environmental exposures.  While the company that caused the spill is probably toast, how are the impacted third party businesses going to be compensated for being forced to shut down?  What about defense cost, third party property damage, third party business income…?  What about employees not getting paid because their employer was forced to shut down?  This means bills are going to be paid late so other business are also going to be impacted.  And so on and so on…

    Environmental losses can cut deep and wide with those they impact.  Since every business is impacted by environmental exposures, common sense tells us businesses must have an environmental Management Strategy (eMS) that shows how to manage and transfer their environmental exposures.  Why has an eMS become part of “Best Practices” for business?  Because common sense tells us without our environment nothing else really matters because we’re toast.

    For more on developing and executing an eMS go to www.estrategist.com.

    Chemical spill a blow to W.Va. capital’s economy

    Brendan Farrington and Jonathan Mattise , AP Business Writers, 7:59 a.m. EST January 12, 2014

    CHARLESTON, W.Va. (AP) — On the third day without clean tap water, business owners with empty dining rooms and quiet aisles of merchandise around West Virginia’s capital were left to wonder how much of an economic hit they’ll take from a chemical spill.

    Most visitors have cleared out of Charleston while locals are either staying home or driving out of the area to find somewhere they can get a hot meal or take a hot shower. Orders not to use tap water for much other than flushing toilets mean that the spill is an emergency not just for the environment but also for local businesses.

    A water company executive said Saturday that it could be days before uncontaminated water is flowing again for about 300,000 people in nine West Virginia counties. The uncertainty means it’s impossible to estimate the economic impact of the spill yet, said the leader of the local chamber of commerce.

    Virtually every restaurant was dark Saturday, unable to use water to prepare food, wash dishes or clean employees’ hands. Meanwhile, hotels had emptied and foot traffic was down at many retail stores.

    “I haven’t been able to cook anything at home and was hoping they were open,” Bill Rogers, 52, said outside a closed Tudor’s Biscuit World in Marmet, just east of Charleston. “It seems like every place is closed. It’s frustrating. Really frustrating.”

    In downtown Charleston, the Capitol Street row of restaurants and bars were locked up. Amid them, The Consignment Shop was open, but business was miserable. The second-hand shop’s owner said she relies on customers who come downtown to eat and drink.

    “It’s like a ghost town,” Tammy Krepshaw said. “I feel really bad for all my neighbors. It’s sad.”

    The person she doesn’t feel bad for is Freedom Industries President Gary Southern, who told reporters the day before that he was having a long day and quickly wrapped up a news conference on the chemical spill so he could fly out of the area.

    “People want answers. They deserve answers,” Krepshaw said.

    The emergency began Thursday, when complaints came in to West Virginia American Water about a licorice-type odor in the tap water. The source: the chemical 4-methylcyclohexane methanol that leaked out of a 40,000 gallon tank at a Freedom Industries facility along the Elk River. State officials believe about 7,500 gallons leaked from the tank, some of which was contained before flowing into the river. It’s not clear exactly how much entered the water supply.

    Thirty-two people sought treatment at area hospitals for symptoms such as nausea. Of those, four people were admitted to the Charleston Area Medical Center but their conditions weren’t available Saturday.

    Federal authorities, including the U.S. Chemical Safety Board, opened an investigation into Thursday’s spill.

    By Saturday morning, FEMA said it had delivered about 50 truckloads of water, or a million liters, to West Virginia for distribution at sites including fire departments.

    There’s no question businesses have been hurt — particularly restaurants and hotels, said Matt Ballard, president of the Charleston Area Alliance, the state’s largest regional chamber of commerce.

    “I don’t know that it can be quantified at this point because we don’t know how long it will last,” Ballard said. “I’m hoping a solution by early next week so business can get back to normal.”

    While restaurants are having the most trouble, the effect ripples to other businesses, Ballard said. When people go out to dinner, they also shop. And restaurant workers who miss paychecks aren’t spending as much money.

    During the emergency, many people are just staying home, and some of those who aren’t are leaving the region and staying with family and friends who have a water supply. Ballard said that includes one of his employees who is staying in Ohio for the weekend.

    “It’s smart, but it certainly has a negative impact on what would be a normal business weekend,” Ballard said.

    The Alliance is urging businesses owners to check their insurance policies to see if they can make claims over lost business. It plans to hold workshops to assist businesses with those issues, Ballard said.

    In downtown, the store Taylor Books usually fills the 40 seats in its cafe. But the cafe was shut down by the state Department of Health on Friday because it said employees had no way to safely wash their hands before serving customers. On Saturday only three people sat in the bookstore using the wireless Internet. Manager Dan Carlisle said he canceled a musician scheduled to play that night and the store was going to close five hours early.

    “It’s pretty annoying,” Carlisle said about Freedom Industries’ response to the spill. “I feel like you should just be honest with people immediately.”

    Some bars have remained open, but they’ve seen a large drop in business. State officials were working Saturday on alternative sources of water that may allow restaurants to reopen.

    “We will work around the clock, 24-7, and try to open … as many businesses as possible in the next couple of days,” said Dr. Rahul Gupta, health officer for the Kanawha-Charleston and Putnam County boards of health.

    Several businesses that had arranged other sources of water were inspected Saturday. Gupta said health officials considered the closures’ impact on workers when they decided to allow businesses to reopen if they have potable water.

    “This is not only the businesses but also the folks that work in those businesses,” he said.