The most recent meeting of the Coalition for Action on the Remediation of Dioxane (CARD) took place in February. The group will be setting a regular cycle of meetings, beginning with a full meeting scheduled for April 26, 2006 at 6:30 p.m. It was determined that a consistent schedule for meetings may aid increased participation. The location will be the MSU Extension Room in the lower level at 705 N. Zeeb Rd. (The first large meeting in December was at this location.)

One of the first initiatives being undertaken is the development of a fact sheet by the county representatives, with MDEQ”S input, defining the “Prohibition Zone” and the responsibilities for residents living within its boundaries. The fact sheet addresses issues for realtors, builders, and contractors, as well as homeowners. It may include a template for the disclosure requirements when selling a home.

Another initiative deals with the creation of a guide covering some areas of concern for residents when confronted with the prospect of having a well drilled on or near one’s property (i.e. liability coverage). This may be based in part on the information the city uses in such situations. Further, attaining information on prospective drilling sites earlier in the process is a goal for the group. (Included are some photos of a recent drilling.)

The county representatives made a commitment to follow-up on the status of the resolution passed months ago by the Washtenaw County Board of Commissioners and to solicit MDEQ’s definition of the current boundaries of the Prohibition Zone, which will need periodic updates as the plume migrates.

PON feels that these are a good starting point for CARD, by focusing on practical applications for the public utilizing the expertise/resources of the group. However, we again urge participation by as many citizens as possible.

The goal of the group, ostensibly, has been to include and maximize citizen input in all facets ofthis process. Without it, the focus may become diffuse and merely yet another governmental committee.

Hope to see you there.

Thank you,

Mike, Chris and Jeff

Protect Our Neighborhoods

As related in our last update, a meeting took place to further organize and discuss the Coalition for the Remediation of Dioxane, on February 21st, 2006 at the Scio Township Hall.

Due to a less than hoped-for turnout of new participants, the meeting did not address the organizational structure of CARD in any detail. The issue was tabled to the next meeting. However, out of the meeting came the resolution to be submitted to the Washtenaw County Board of Commissioners and a cover memo to them, as well (attached).

The new meeting, is Wednesday, March 8, from 6:30 p.m.-8:30 p.m. at the Western Service Center of the County offices at 705 N. Zeeb Rd.

Again, this organization is being proposed in order to elicit more citizen participation. We need more citizens. Only two new people attended the last meeting. This is our opportunity to help shape/affect the goals this group pursues with respect to the remediation of the dioxane contamination. This group, with the anticipated support of the county, city, and surrounding townships will carry weight and will pursue action at the state level, as well as educate the public. All groups have acknowledged that the participation of citizens in the past has contributed to whatever positive outcomes that have been achieved.

At the same time, we, as citizens, need to ensure our interests are incorporated into these efforts. One of the “resolves” in the Board resolution, you will note, is that the group will ensure citizen participation in every group, committee, and subcommittee of CARD.

This venture is not without risk, and only we, as citizens can and must take the responsibility to be sure that our viewpoint is assertively represented and reflected in the outcomes of this group.

Please, seriously consider participating in this group. Please come to this meeting, Wednesday March 8 6:30-8:30 p.m. at the County Western Services Center at 705 N. Zeeb Rd. You are needed!

And please pass this information to others who might be interested.

As always, many thanks-

Mike, Chris, Jeff

Protect Our Neighborhoods

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BOARD ACTION REQUESTED:

Washtenaw County Planning and Environment is requesting the Board of Commissioners endorse the formation of the Coalition for Action on Remediation of Dioxane (CARD), appointing a County Commissioner as its representative and conclude it’s participation in the Gelman Groundwater Remediation plan Intergovernmental Partnership (IPC).  

BACKGROUND:

1, 4-Dioxane contamination from Gelman Science persists after nearly 20 years of cleanup activities and has now spread to an area over three miles long and a mile wide.  Recent events including a leaking pipeline, a change in treatment technology that will result in a carcinogenic by-product being discharged and the imposition of a “Prohibition Zone” that prevents the use of wells and bans permitting new wells within that zone and requires notification to potential buyers when a property transfer occurs, have heightened concern among citizens governments and others over the effectiveness of the ongoing remediation plan.  The Washtenaw County Board of Commissioners has since the 1990s taken an active role in cooperation with others in authorizing actions to safeguard its citizens and the environment from that contamination.  Reference BOC Resolutions 96-0278, 98-0036, 98-202, 99-106, 03-0236, 04-0102 and 05-0139.
Discussions among concerned parties has resulted in the formation of a coalition (CARD) with the intention of broadening participation, increasing awareness of the issues, and taking actions to assure effective remediation strategies are employed.

DISCUSSION:

The Gelman Science 1, 4-dioxane contamination is an issue that remains a long term concern for citizens and governments in Washtenaw County.  The contamination originally limited to an area in Scio Township, persists there and is spreading.  A large segment of the contamination is projected to eventually migrate to the Huron River downstream from the intake of the Ann Arbor Water Treatment Plant but that outcome is in no way assured.  Since the contamination was first discovered in the mid 1980’s disagreements over the best means to remediate the problem have occurred.  Washtenaw County Government has taken an active role by entering in legal proceedings, providing staff and resources, maintaining a repository of information on the subject and participating in groups and forums aimed at assuring the Best Available Technology is utilized and the remediation is performed in the most effective non-intrusive manner.

Recent events have led to the formation of a new coalition – CARD, this groups aim is to gain wide spread participation from the governments that are currently directly effected by this contamination and those that are likely to be affected, and by groups and individuals who are concerned with this issue.  This resolution would endorse that group, provide resources, and appoint a county commissioner to participate in the activities of the group,

IMPACT ON HUMAN RESOURCES:

Limited; continued support by existing staff, assistance will be needed to develop a web site for the coalition.

IMPACT ON BUDGET:

 None

IMPACT ON OTHER COUNTY DEPARTMENTS OR OUTSIDE AGENCIES:

The Drain Commissioner is a participant in the coalition.
Support Services will provide assistance in establishing a website.

CONFORMITY TO COUNTY POLICIES:

The request is consistent with past resolutions regarding 1, 4-dioxane contamination by Gelman/Pall Life Sciences.

ATTACHMENTS/APPENDICES:

None

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A RESOLUTION ENDORSING FORMATION OF THE COALITION FOR ACTION ON REMEDIATION OF DIOXANE (CARD), APPOINTING A WASHTENAW COUNTY COMMISSIONER AS ITS REPRESENTATIVE AND CONCLUDING ITS PARTICIPATION IN THE GELMAN GROUNDWATER REMEDIATION PLAN INTERGOVERNMENTAL PARTNERSHIP.

WASHTENAW COUNTY BOARD OF COMMISSIONERS

March 15, 2006

WHEREAS, the PALL/Gelman contamination site continues to demand attention and actions from the State, County and impacted local units of Government including the City of Ann Arbor, Scio Township, and Ann Arbor Township;

WHEREAS, through cooperative efforts local governments and citizens have instrumental in achieving much of the positive progress that has been made to date;

WHEREAS, the Intergovernmental Partnership Committee created in August 1997 served the residents of Washtenaw County well in coordinating policies and strategies across local units of government, but lacked sufficient mechanisms for citizen involvement and is no longer active;

WHEREAS, an organization is needed to replace the existing Gelman Groundwater Remediation Plan Intergovernmental Partnership to better meet the community needs;

WHEREAS, 1,4-dioxane released by PALL/Gelman persists and groundwater contamination has expanded in Washtenaw County to an area over three miles long and one mile wide;

WHEREAS, the remediation of this site is likely to take an additional 20 years or more based on Pall Corp. and MDEQ estimates;

WHEREAS, activities continue that require monitoring and response by governmental organizations in coordination with citizens, including but not limited to actions related to permits, well installations, remediation technologies, effluent discharge, contamination migration, pipe installation and maintenance;

WHEREAS, the Court Cases and recent court decisions impact multiple jurisdictions and thereby require a strong organization to coordinate actions regarding education, political, legal, technical and policy;

WHEREAS, citizens, staff and elected officials from the State, County, City of Ann Arbor and impacted townships, including the Drain Commissioner, City of Ann Arbor Environmental Coordinator, County Commissioner, County staff, MDEQ staff, township supervisors, citizens representing various groups, met and agreed that a citizen and government coalition would be of substantial benefit;

WHEREAS, this organization is intended to include elected representatives, key staff, environmental organizations, neighborhood groups, all interested citizens, and MDEQ;

WHEREAS, the County encourages from other governmental agencies that are now or may become affected, to participate in this endeavor;

WHEREAS, the County encourages preparation of agendas with expected outcomes to ensure efficient participation from members and shall seek consensus among parties;

NOW THEREFORE BE IT RESOLVED, the Washtenaw County Board of Commissioners hereby endorses the creation of the Coalition for Action on Remediation of Dioxane (CARD);

BE IT FURTHER RESOLVED, this organization shall include citizen representation on all levels, groups, committees and subcommittees;

BE IT FURTHER RESOLVED, this organization shall create goals and committees as needed to ensure that education, technical, political, legal, and policy goals are met;

BE IT FURTHER RESOLVED, Washtenaw County shall support this organization with appropriate staff and necessary resources;

BE IT FURTHER RESOLVED, that the Washtenaw County Board of Commissioners approves the following appointment to this coalition:

            Conan Smith, Washtenaw County Commissioner

BE IT FURTHER RESOLVED, that the Washtenaw County Board of Commissioners hereby concludes participation in the Gelman Groundwater Remediation Plan Intergovernmental Partnership;

BE IT FURTHER RESOLVED, the Washtenaw County Clerk shall forward copies of this resolution to Ann Arbor Township, Scio Township, City of Ann Arbor, the MDEQ, and locally elected state officials.

In the summer of 2005, staff members from Washtenaw County departments were preparing to approach the County Board of Commissioners to pass a resolution asking MDEQ to appeal Judge Shelton’s ruling on the dioxane remediation. PON, SRSW, and other groups met with Conan Smith and county staffers to amend the resolution so that it would not lead to the reopening of that ruling and put neighborhood pipelines back on the table.

One offshoot of that process, due to the constructive input from citizens to assist with the above resolution, was an agreed interest in creating a group similar to the Intergovernmental Partnership Committee (IPC) formed in 1997, the Citizens Review Committee (CRC), and the Citizens Advisory Committee. Those groups do not currently function and the intent is for the new group to exist for the life of the clean-up, which consensus estimates it will take 20-50 years to complete. A definite difference would be the integral participation of citizens in a new group. As PON has noted in the past, much of the best insight on the dioxane issue has come from citizens.

This new group—the Coalition for the Remediation of Dioxane (CARD) is expected to comprise representation from citizens, neighborhood groups (PON, SRSW, NIPD, etc.), city and county government (elected officials and staff), environmental groups, and businesses. The Michigan Department of Environmental Quality would also participate, and hopefully, at some point, Pall/Gelman.

An initial meeting took place with representation from many of the groups that will be involved with CARD. A number of persons volunteered, including Mike R. from PON, to work on a draft proposal for the group, a basic organizational chart and to construct a resolution (attached) to present to the Washtenaw County Board of Commissioners for consideration.

Funding and staff support from local governments will be sought to underwrite the group. A website will be maintained to educate newcomers to the issue and keep all notified of progress on the remediation (or lack thereof).

One of the main goals is to elicit participation and support from citizens, a group that many feel has been excluded/ignored from too much of the process in recent years. PON feels, like many others, that there must be citizen representation in all facets of this proposed organization.

The mission of the group stresses action, not merely advice, and will be comprised of policy, political, education and other arms. It is the intent to maintain information on the pollution and cleanup, educate the public, and be proactive regarding those issues with elected officials from the local level to the state, government agencies with jurisdiction over the cleanup and PLS.

CARD will have access to policymakers via elected officials who are members of this group and can in turn perhaps impact those decisions that affect the neighborhoods and the quality of life in Ann Arbor and the surrounding areas (i.e. Scio and Ann Arbor Twps.), that are and will be affected by 1,4 Dioxane and newly, Bromate pollution.

However, to adequately represent citizens’ interests in this group, participation and commitment is needed. Every committee and subcommittee will need citizen members. The work cannot be carried on only by the committed few that have done so for over a dozen years (Pat Ryan, Roger Rayle, et al.). Committees may only meet once a month or so, thus would not necessarily be a major time requirement. However, a little time spent will allow one to impact what will happen to our community in the short and long run and hopefully counteract the historical inertia that has plagued remediation efforts so far.

There is seemingly a remarkable amount of agreement between the people and groups that have been involved so far with the birth of CARD and it is definitely an opportunity to directly affect our quality of life, and the future of our homes and neighborhoods.

YOU ARE NEEDED!!! This is your chance to make a difference!!

The next organization meeting of CARD will be 6:30-8:30pm, Tuesday, February 21, 2006, at the Scio Township Hall, 827 N. Zeeb Rd (1/2 block North off I-94). The meeting will begin with a review of current issues, followed by assignment of committee and sub-committee actions. There will be an immediate opportunity to participate.

Thus far, a draft proposal of a resolution to present to the Washtenaw County Board of Commissioners has been developed and is attached.

PON is looking to secure a sense of potential turnout and would ask you to please consider contacting Mike Romatowski at mromatowski109791mi@comcast.net if you are interested in attending or if you have questions. Please pass this information along to your friends and neighbors.

Thank you,

www.ProtectOurNeighborhoods.com

On Tuesday evening a public hearing was held within Scio Township to discuss a permit renewal that allows Pall Life Sciences to discharge treated water into the Honey Creek tributary. This treated water contains low levels of 1,4 dioxane and bromate. Although diluted, this water flows directly to the Huron Rriver upstream from Barton Pond where the city of Ann Arbor's municipal water intake is located. The health of the Huron River is critical to Ann Arbor, since it is the major source of drinking water for city residents and there are no locally available alternatives that could meet Ann Arbor water needs.

Pall Life Sciences has been discharging treated water into the Honey Creek tributary for several years. They are allowed to do so via a permit granting process overseen by the Michigan Department of Environmental Quality and the Michigan Department of Water Quality that requires them to meet specific cleanup criteria. In the past few years they have been very successful at removing the 1,4 dioxane from this water, however they have recently changed to a new treatment system. The new system results in two significant changes relative to the previous treatment system:

1) It is not as effective at removing 1,4 dioxane as the previous treatment system. Although the levels of 1,4 dioxane are still within the mandated maximums allowable, the quantity in the treated water using the new treatment system is typically two to three times as high as the levels achieved with the previous treatment system.

2) It involves the release of bromate, a by-product of the treatment process, that is a known carcinogen. Bromate is chemical substance which is even more dangerous than 1,4 dioxane. Modeling data indicate that the amount of bromate released, and the amount of bromate reaching the water intake at Barton Pond, will be lower than maximum allowable levels. However, given that the City of Ann Arbor's water treatment system already produces small amounts of bromate, and the unpredictable nature of surface water models, additional bromate in our water should be a significant concern to all Ann Arbor residents.

In sum, the new treatment system is clearly not as effective as the old system in eliminating 1,4 dioxane. Furthermore, it adds to the discharge small quantities of a known carcinogen--bromate--which does not break down in the environment. Pall is required by law to use the "best available technology" in their water treatment. The only improvement of the new system over the old one is that it costs less for the company to treat the water. The new system is clearly not the best available technology. They have utilized the old treatment system for several years, and, given their recent profitability, should be able to continue to do so.

In addition, Pall Life Sciences would like to stop using a "green pond" at their facility where treated water is held prior to being released into Honey Creek. The "green pond" is a safety mechanism which ensures that 1,4 dioxane contaminated water is not directly released into the creek. Should the treatment system fail, it is possible that thousands of gallons of 1,4 dioxane contaminated water could be released directly into the creek.

We should demand the best possible cleanup from our local, county and state government officials and that safety measures used to protect the local surface water, and ultimately Ann Arbor's drinking water, continue to be utilized. You can read details of the new permit here:
http://www.michigan.gov/deq/0,1607,7-135-3311_4109_9846_9847-73234--,00.html

You can submit a comment to Michigan's Department of Environmental Quality by e-mailing Alec Malvetis malvetia@michigan.gov before 5 p.m. on Friday September 16th. Feel free to write you own opinions or to copy the example statement below.

<Begin>

My name is ______________ and I live at _____________ in the City of Ann Arbor. I am writing to comment on the recently proposed changes to the permit that Pall Life Sciences uses to release 1,4dioxane treated water into the Honeycreek tributary. This tributary flows into the Huron river above the City of Ann Arbor's drinking water supply, thus this permit is of critical importance to the health of thousands of local residents.

I am specifically concerned about the recent changes made by Pall Life Sciences to the type of treatment system being used to remove 1,4 dioxane from the contaminated water. Recent data indicate that the new treatment system is less effective at removing 1,4 dioxane than the old system. Moreover, the new system also releases bromate, a known carcinogen, into the water. Pall Life Sciences is required to use the "best available technology" in their cleanup activities and it is clear that this new system is not the best available technology. Although the new permit attempts to keep the levels of both 1,4 dioxane and bromate within acceptable levels, any unnecessary increase in the quantity of these substances released into the surface water could potential affect the health of thousands of local residents. Common sense dictates that any new treatment system should be at least as effective at the old system, and should not release additional toxic substances into our water before it can be considered "best available technology".

In addition, I would like to see Pall Life Sciences continue to use the green pond at their facility as a safety device to ensure that untreated water is not released into the Honey Creek tributary. Eliminating the use of this green pond is a bad idea, since failure of the system could result in the release of thousands of gallons of untreated water directly into Honey Creek.
<end>

***********************************************************************

Since this involves permits and decisions made at the state level we would also encourage you to contact you state level representatives to indicate that you are unhappy with these changes that will allow the polluter to release additional chemicals into our drinking water supply. You can find their contact information on the protectournieghborhoods.com site here: http://www.protectourneighborhoods.com/getinvolved.html or use the links below.

Governor Jennifer Granholm: www.michigan.gov/gov (Click on “contact the governor”.)

Senator Carl Levin: senator@levin.senate.gov

Senator Debbie Stabenow: senator@stabenow.senate.gov (Link to contact page.)

Representative John Dingell: www.house.gov/dingell/contact.htm (Link to his site, please click "send an email message…".)

Senator Liz Brater: senlbrater@senate.michigan.gov

Representative Chris Kolb: chriskolb@house.mi.gov


Please feel free to forward this e-mail to other local residents who might wish to become involved in this important issue.

On Tuesday, September 13, 2005, there will be a public meeting on the Pall/Gelman Discharge Permit for Honey Creek.

It will take place at 7:00 P.M. at the Scio Township Hall at 827 North Zeeb Road, Ann Arbor.

This meeting concerns the renewal of the permit for use of Honey Creek by PLS to discharge treated water (for dioxane). Issues include methodology of treatment, standards for levels of contamination, etc. For instance, a new methodology that has been used for the recent past results in overall higher levels of dioxane after treatment and the presence of another carcinogen (bromate). PLS will seek to use the new treatment because it is cheaper and dioxane levels, although higher, are still within guideline. There is much more complexity to this issue beyond this.

As it concerns the direction and nature of the treatment of the contamination and directly affects the E-plume under Ann Arbor and its neighborhoods, we urge all interested parties to attend this meeting.

Citizen oversight and input are necessary to keep the interests of the citizenry at the forefront of all policy decision-making. If we do not make our presence felt, decisions will be made without regard for our interests.

Links to the DEQ documents regarding the permit hearing...

Here is a link to the DEQ's Permits on Public Notice:
http://www.michigan.gov/deq/0,1607,7-135-3313_3682_3713-10463--,00.html

Scroll down and click on the Pall permit MI0048453 for 8/12/2005 to access related links or use the same links shown below.

Here is a link the the DEQ's public notice of the meeting:
http://www.deq.state.mi.us/documents/deq-water-npdes-publicnotice-MI0048453_PN.pdf

Here is a link the a 3-page Fact Sheet concerning the permit:
http://www.deq.state.mi.us/documents/deq-water-npdes-publicnotice-MI0048453_FS.pdf

Here is a link to the 1-page DEQ addendum concerning Rule 1098:
http://www.deq.state.mi.us/documents/deq-water-npdes-publicnotice-MI0048453_AD.pdf

Here is a link to the 20-page draft permit:
http://www.deq.state.mi.us/documents/deq-water-npdes-publicnotice-MI0048453.pdf

Here is a link to the 37-page Permit Application filed by Pall Life Sciences:
http://www.deq.state.mi.us/documents/deq-water-npdes-publicnotice-MI0048453_AP.pdf

Report from the Washtenaw County Commissioners meeting, Aug 3,2005:

The Washtenaw County Board of Commissioners sought to pass a resolution in an effort to obtain better oversight in the Pall Life Sciences (PLS) deep ground water contamination. The county's original resolution was to ask the Michigan Department of Environmental Quality (MDEQ) to appeal a recent court decision (May 17, 2005), which prescribed cleanup efforts and created a protective prohibition zone (drawn up by MDEQ) in residential areas.

Citizens rallied to oppose this resolution for several reasons. Because protracted legal proceedings, have in the past delayed cleanup activities, such an appeal would have been counterproductive. It was also a consensus that MDEQ would be unlikely to consider an appeal of a plan that they had, in fact, submitted to the court. In addition, were the request for an appeal granted and the appeal itself successful, the entire 1,4 dioxane issue would be back in the judiciary’s hands and pipelines in the neighborhoods would be back on the table.

County commissioners listened to citizens’ concerns and opened the discussion of the resolution up to citizens and local experts. Both sides worked on a revised resolution that is attached to this message and was passed unanimously by county commissioners on August 3rd. The accepted resolution (a request to seek to amend the court decision of May 17th, 2005 as opposed to an appeal) seeks specifically: additional oversight into the cleanup process; compensation for county services related to the maintenance of the prohibition zone; and protections against future clean ups that might fall within the current prohibition zone.

Ultimately, the county stated that they would like to see more aggressive cleanup activities at the core facilities where approximately 80 percent of the contamination resides, with the goal of greatly reducing the migration of 1,4 dioxane within the E aquifer under city residential neighborhoods.

County officials have voiced interest in reinvigorating an intergovernmental partnership program that would include local citizens and would produce a more coherent strategy for addressing the 1,4 dioxane problem. It is our expectation that the intergovernmental partnership would not only bring citizens and local government together, but establish clear accountability for and monitoring of further actions taken on this issue.

PON guardedly supports the revised resolution. We would note that county officials were willing to accept input from the citizenry to alter the original resolution. However, it should be noted that it was only through citizens that there was an awareness of and response to the undesirable original resolution. This might have led to disaster for the neighborhoods. Yet to be communicated is the date of submission of the revised resolution to MDEQ and the anticipated time frame of their response.

We will continue to update you as we become aware of future developments. Please invite friends and neighbors to join our e-mail list (send a message to protect@umich.edu). Citizens must stay involved in this process in order to continue to protect our neighborhoods.

protect@umich.edu is a moderated listserve. Messages sent to protect@umich.edu are not automatically forwarded to the list members. Please contact protect@umich.edu to be added or removed from our e-mail list, or if you would like to supply information related to the local neighborhoods and the Pall Life Sciences 1,4 dioxane cleanup.

PON is providing an update on the upcoming resolution to be submitted to the Washtenaw County Board of Commissioners at their regular meeting on Aug 3 at 6:45 p.m at 220 N. Main in Ann Arbor.

At 5 p.m. on August 1, Jeff Irwin, Conan Smith and technical staff from Washtenaw County, including Dept. Director Richard Fleece met with a group of concerned residents, comprised of Jeff Hutsler, Mike Romatowski and others from PON, Pat Ryan, Roger Rayle, Glenn Thompson, Barb Schneider and others.

The main topic was the proposed Washtenaw County Board of Commissioners resolution requesting MDEQ appeal the May 17, 2005 decision by Judge Shelton regarding the establishment of a Prohibition Zone in Ann Arbor.

Sentiment ran strongly against the request for an appeal, due to the unsuccessful track record in the remediation of the dioxane, the definite potential for pipelines in the neighborhoods with a completely reopened decision and the county’s own acknowledgement that their request to MDEQ would not likely be successful. That assessment was based on the unlikelihood that MDEQ would appeal its own submission to the court regarding the Prohibition Zone.

After over two hours of discussion, it was deemed desirable to pursue reestablishing a Citizens’ Advisory Board to work in conjunction with the County in determining strategies going forward. One such area would be the upcoming renewal of the Honey Creek discharge permit.

County personnel conceded that a primary motivator for the proposed resolution was the need to “send a message” to the state and MDEQ. County personnel are finding their role in the administration of the Prohibition Zone frustrating, while being excluded from a role in the overall case against Pall.

Attached are the cover memo and the amended resolution. The amended resolution asks MDEQ to seek an amendment to the May 17, 2005 ruling by Judge Shelton, not an appeal. Its scope seems to be more specific and limited and does not appear to address or ask to undo the decision eliminating the leading edge component of the dioxane remediation.

PON intends to appear at the Board meeting on Aug 3rd to monitor the actual process.

If at all possible, PON RECOMMENDS ATTENDING THE MEETING to continue to illustrate the vigilance of the citizens to all those involved - including our elected representatives - to protect our neighborhoods, provide input and to monitor the process that continues to impact our homes and lives. The Washtenaw County Board of Commissioners will meet today, Aug 3 at 6:45 p.m at 220 N. Main in Ann Arbor.

PON! ACTION ALERT: COUNTY IS ASKING MDEQ TO APPEAL JUDGE SHELTON’S RULINGS

******************************************************

Attached is an e-mail distributed by the County. It announces an meeting subsequent to the recent public meeting on July 20 regarding the Prohibition Zone established by MDEQ in accordance with the Washtenaw County Circuit Court decision of May 17, 2005.

This Prohibition Zone stops Pall Life Sciences from extracting 1,4 dioxane contaminated groundwater within our local residential neighborhoods, and seeks to limit future migration of 1,4 dioxane into residential areas. The upcoming meeting is intended to allow public input on a County resolution that would appeal the Prohibition Zone that currently protects us from industrial waste water extraction and treatment. The county will vote on this resolution on August 3rd, so the time to be heard is now.

Purpose of the Meeting: Review and discuss with local government officials the proposed Washtenaw County Board of Commissioner Resolution that asks the Michigan Department of Environmental Quality (MDEQ) to appeal the recent court Opinion and Order regarding Pall Life Sciences (PLS) remedial actions.

Location: Lower Level Conference Room
220 North Main, Washtenaw County Administration Bldg.
Ann Arbor, MI
Date: August 1, 2005

Time: 5 pm

At the previous meeting, Richard Fleece, director of the Washtenaw County Department of Planning and Environment, led the county’s presentation with the outright declaration that the county would ask, via a Board of Commissioners resolution, that MDEQ appeal the May 17 decision. He asserted that county personnel feel that the allowable ppb of dioxane in the Prohibition Zone is too high and a more aggressive remediation is necessary and desirable.

A number of citizens made remarks and/or asked questions. There were a number of first-timers in attendance, and many seemed generally supportive of the county’s sentiment. However, it was also evident that many in attendance did not understand that the prohibition zone was established to protect the residential neighborhoods from exposure to industrial activities associated with 1,4 dioxane contaminated groundwater extraction, and to limit further migration of 1,4 dioxane into local west side neighborhoods. We support the need for aggressive extraction and treatment at the core facility, but oppose any measure that would threaten the neighborhood prohibition zone.
The implications of a successful appeal by MDEQ are far reaching and could affect the original 2004 decision that denied the use of the pipelines within our neighborhoods.

PON feels that a successful appeal of the decision(s) regarding the E-plume could potentially lead to pipelines being installed in the neighborhoods. Regardless of any official’s intent not to pursue this avenue, it would be on the table once again, if the decision(s) are reopened.

PON opposes the appeal of the May 17, 2005 and/or Dec 2004 decisions. Minimally, we favor a prohibition zone remaining in effect for all neighborhood areas.

PLEASE ATTEND THIS MEETING, IF AT ALL POSSIBLE, IN ORDER TO REMIND THE COUNTY ELECTED OFFICIALS OF THE ONGOING INTEREST IN THIS MATTER. A SIGNIFICANT PRESENCE IS IMPERATIVE.

We are concerned at the short notice and inconvenient time for a meeting meant to garner public input.

__________________
Original Meeting Announcement sent by Michael Gebhard on July 29, 2005 at 2:55 p.m.

Please attend a meeting to discuss the proposed Washtenaw County Board of Commissioners resolution dealing with the Pall Life Sciences (PALL) 1.4-dioxane contamination affecting our community. The proposed resolution will be considered at the August 3, 2005 meeting of the Washtenaw County Board of Commissioners.

Purpose: Review and discuss the proposed Washtenaw County Board of Commissioner Resolution requesting MDEQ appeal the recent court Opinion and Order regarding Pall Life Sciences (PALL) remedial action.

Location: Lower Level Conference Room (limited seating capacity – approximately 15 to 20)
220 North Main, Washtenaw County Administration Bldg.
Ann Arbor, MI
Date: August 1, 2005

Time: 5 pm

An additional opportunity to provide input regarding the proposed resolution will be available at the Washtenaw County Board of Commissioners Meeting scheduled for August 3, 2005, at 6:45 p.m. (Administration Building – Board Room, 220 N. Main Street Ann Arbor, Michigan)
Attached are copies of the proposed resolution and the courts order for your review.

On Wednesday July 20, at Forsythe Middle School from 6-8 p.m., MDEQ will make a presentation regarding aspects of Judge Shelton’s decision on the Dioxane contamination.

The court decision created a “prohibition zone” where no groundwater may be removed from underneath Ann Arbor property- from Wagner Road east to the Huron River.

Besides the presentation, staff from MDEQ, Washtenaw County, and the City of Ann Arbor will be present to answer questions.

We strongly urge all interested parties to attend the meeting.

There are further developments at the county level and further action alerts will be forthcoming. It does not appear that the issues regarding Judge Shelton’s decision are over. Below is a memo indicating that the Washtenaw County Board of Commissioners will consider a resolution to ask MDEQ to appeal a May 17, 2005 decision rendered by a Washtenaw County Circuit Court subsequent to Judge Shelton’s decision regarding the Gelman Dioxane issue. This resolution is scheduled for the Washtenaw County Board of Commissioners’ meeting on Aug 6. This memo has obviously been sent to local, county and state politicians.

PON’s concern is that if the decision is successfully appealed, pipelines in our neighborhoods would again be on the table.

Again, PON strongly urges attendance at the July 20 meeting and the County Commissioners’ meeting on Aug 6, as well.


Memo regarding the resolution being submitted to the WCBoC:

From: Michael Gebhard [mailto:gebhardm@ewashtenaw.org]
Sent: Friday, July 01, 2005 2:34 PM
To: Michael Moran; Janice Skadsen; Mary Fales; Matthew Naud; Susan McCormick; Patty Benson; Kirk Riley; Janis Bobrin; Curtis Hedger; Jeff Irwin; Leon Moore; Conan Smith; Roger Rayle; Chris Kolb; Vivienne Armentrout; Fred Dindoffer; Sen. Liz Brater; Charles Nielsen; John Hansen; Ellen Clement; Fraser, Roger; Hieftje, John; L. Lemke; pambyrnes@house.mi.gov; almasmith@house.mi.gov; senbhammerstrom@senate.michigan.gov
Cc: Frank Cambria; Anthony VanDerworp
Subject: URL Link Correction - PLS/Gelman BOC Resolution for Consideration
To: Concerned Stakeholders
Date: July 1, 2005
From: Dick Fleece, Director
Michael Gebhard, Environmental Analyst
Environmental Division
Department of Planning and Environment
Washtenaw County

Re: July 6, Board of Commissioners Meeting

Because of your involvement and concern with this issue, we wanted to make you aware that the Washtenaw County Board of Commissioners will consider a resolution requesting the Michigan Department of Environmental Quality appeal a court ruling that put in place Institutional Controls to prevent exposure of 1,4-dioxane.

We are concerned that the effect of this order has not been fully understood by the public and sets a precedent that can have far-reaching consequences. Some of our concerns include the following:
* 1,4-dioxane is allowed to continue to spread easterly towards the Huron River at levels up to 2800 ppb. This level is higher than the heretofore standard of 85 ppb and much higher than the standard of 3.0 ppb which has been sought in the past
* 5500 properties in the Ann Arbor area are located within a “Prohibition Zone” that allows this contamination. We are advised this designation will be subject to disclosure requirements when the properties are being sold.
* This action is based on limited information and rejects other alternatives that have the potential to more effectively remove 1,4-dioxane from the groundwater.
* This action sets a precedent that has the potential of setting less stringent cleanup standards for contamination incidents, now and in the future.

To view the Board memorandum and resolution visit http://www.ewashtenaw.org/government/boc/agenda for the Board of Commissioners July 6, 2005 Agenda. Please share with others as you see fit.


This site shows the proposed resolution:

http://www.ewashtenaw.org/government/boc/agenda/bd/year_2005/2005-07-06bd/2005-07-06bd17.pdf

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This site is the city’s information showing the map of the prohibition zone. This information is dated March 2005:

http://www.ci.ann-arbor.mi.us/CityAdministration/EnvironmentalCoordination/DEQ%20March%202005%20PZ%20Fact%20Sheet.pdf

PON! ACTION ALERT: NO PIPELINE NETWORK-

From today’s Ann Arbor News.

"To say that the residents in the affected areas would be reluctant to agree to have pipelines containing 1,4 dioxane running through their neighborhoods is an understatement by several degrees of magnitude," Shelton wrote. "Public hearings have demonstrated overwhelming opposition to such a plan."

No pipeline network for Pall cleanup
Judge orders treatment facility in Maple Village area
Saturday, December 18, 2004
BY TRACY DAVIS
News Staff Reporter

Ann Arbor will not be getting a controversial network of pipes through west side neighborhoods as part of a plan to clean up contaminated groundwater, according to a Circuit Court order issued Friday.

The order, filed by Judge Donald Shelton, calls instead for a groundwater extraction, treatment and re-injection facility in the Maple Village Shopping Center area, coupled with an expansion of cleanup efforts already under way on Wagner Road.

The operation for cleaning up 1,4 dioxane, a man-made solvent classified as a possible carcinogen, will be housed in two construction-type trailers, said Farsad Fotouhi, vice president for corporate environmental engineering for Pall Corp., the company responsible for the cleanup.

The pipelines would have been installed under three to four miles of city streets, including several residential roads off Jackson Avenue. "Hallelujah!" said Worden Street resident Mary Haavisto, reacting to the decision. "It just seemed like it was going to disrupt the whole street." Resident concerns - including property values and public health - and logistics were factors Shelton pointed to. "To say that the residents in the affected areas would be reluctant to agree to have pipelines containing 1,4 dioxane running through their neighborhoods is an understatement by several degrees of magnitude," Shelton wrote. "Public hearings have demonstrated overwhelming opposition to such a plan."

He added that the city offered no commitment to facilitate installation of the pipeline. In the past, cleanup infrastructure has been a sore point between the city and Pall; the court had to intervene in the late 1990s over access issues for a pipeline from northwest Ann Arbor to Pall. Fotouhi credited the city for its cooperation in recent years, however.

The order appears to bring resolution to the most recent chapter of a decades-old pollution problem. The company's previous owner disposed of wastewater that contained 1,4 dioxane, used to manufacture medical filters, by storing it in unlined lagoons and spraying it over grounds from the mid-1960s through the mid-1980s, when it began turning up in wells and ponds in the area.

It has since migrated east. In 2001 it was discovered to have contaminated a low-lying aquifer - the "unit E" aquifer - into which a west-side city well is tapped. The well was taken off-line and the municipal water supply is not contaminated, according to city and DEQ officials.

But the contamination in that aquifer extends under dense neighborhoods around and east of Veteran's Park. The court intervened in the overall cleanup effort years ago because of friction and a series of lawsuits between DEQ and the company's then-owner. It has recently been monitoring proposals for how to get the contamination addressed quickly. Pall officials, who advocated for an on-site treatment at Maple Village, called the order a "very comprehensive remediation plan." Once an access agreement is in place on a public right-of-way or private property, the pump-treat-reinject operation should be under way within six months, Fotouhi said.
DEQ had advocated for the pipeline system, arguing it would be more effective at reaching larger areas of the plume faster.

DEQ project coordinator Sybil Kolon said Friday the organization did not have a position yet on the order, but that officials would meet on the issue early next week.
Shelton's order also directs that the aquifer be treated to 2,800 parts per billion of dioxane. The cleanup standard is normally 85 ppb in order to protect it as a drinking water resource, but the 2,800 is a permissible standard if steps are taken to ensure no one drinks the water, according to DEQ officials.
Those steps include a map of the contaminated zone with a buffer area, a prohibition against new water supply wells and groundwater consumption in that zone and a requirement that Pall pay for any connections to city water necessitated by the contamination.

Though no wells are believed to be affected by the contamination, there are township "islands" in the east-central part of the city near the river. The plume is believed to be headed toward the river.

And in the past, city and Ann Arbor Township officials have expressed concern that the plume could actually pass under the river and spread north into the township rather than emptying and diluting into the Huron. "We're at least pleased this is moving forward," said Ann Arbor Environmental Coordinator Matt Naud.
"We will remain vigilant as will the citizens who have been involved in this, in making sure every effort is made to stop the flow of this toward the city. A lot of the other pieces remain to be seen."

The water will be treated the same way it is at the company's Wagner Road facility - with ozone and small amounts of hydrogen peroxide. The next step is a work plan the company must file within 30 days, according to the order.

Dear neighbors,

Welcome to the inaugural email of PROTECT OUR NEIGHBORHOODS!

We are a group of local residents who intend to pursue an active and aggressive agenda to inform the community, agencies and political leaders of the position of our neighborhoods regarding PLS/Gelman dioxane contamination and remediation, specifically the “leading edge”. We will work to build an extensive contact list and hold those contacted accountable for their support (or lack thereof).

Plans for this activism include activity in a variety of areas. Our next email will provide an “ACTION ALERT” base letter that can be used to comment to MDEQ during the public comment period concluding this Monday, August 16. As with all “ACTION ALERT” emails distributed, we will focus on a coordinated response and provide extensive contact information for groups, agencies, political leaders and media. PROTECT OUR NEIGHBORHOODS! will work to personally connect with political leaders, as has begun, and seek their involvement and support as well. A website is underway.

We believe that our position statement addresses a common concern and works in concert with many of the ideas and goals we have heard and experienced within the community.

PROTECT OUR NEIGHBORHOODS! POSITION STATEMENT

PROTECT OUR NEIGHBORHOODS! is a group of local residents within the neighborhoods that will be affected by the current clean-up plans. We are a political activist group dedicated to the preservation and protection of the health and welfare of our neighborhoods and families. Our primary goal is to ensure that any remedial alternative instituted in our neighborhoods is maximally safe, effective and beneficial to all residents. We believe it is unreasonable and unacceptable to expect the residential neighborhoods to bear the burden and risks for a problem that has been allowed to proliferate over the course of several decades. We currently oppose the MDEQ-proposed leading edge pipeline and well network because:1) Pumping a known carcinogen from deep underground to within a few feet of the surface within a residential area is hazardous to the health and welfare of our families.
2) We are not convinced that the integrity of the pipeline system that would carry this carcinogen could be adequately guaranteed (i.e. leaks, breakdowns, damage due to road/sewer work etc).
3) The scientific basis for “leading edge” remediation is questionable, especially within a highly populated residential area.
4) Similar “leading edge” solutions already utilized in the Evergreen neighborhood have been largely ineffective.
5) It does not make sense to extract dioxane within neighborhoods that are distant from the original site of contamination when the core areas and adjacent regions have not been successfully addressed.
6) We categorically oppose the loss of private property owners’ rights as part of any remedial alternative.

We will make every attempt to send emails containing specific information when most necessary and useful. Obviously, contact will be made more frequently within the next few weeks

Please consider forwarding this information to your family members, friends and neighbors. One of our goals, as stated above, is to create an extensive contact list as quickly as possible. Interested neighbors simply need to email protect@umich.edu to be added to the mailing list. We will provide an update on the success of this campaign to you within the next few days.

Thank you for your support of our families and neighborhoods!
Jeff Hutsler
Chris O’Brien
Mike Romatowski

PROTECT OUR NEIGHBORHOODS! is not associated with Pall Life Sciences, Inc, The Michigan Department of Environmental Quality or any other agency or group.

protect@umich.edu is a moderated list. All emails sent to the protect@umich.edu address are reviewed prior to being forwarded to the individual members. We greatly appreciate your involvement, but one may unsubscribe by simply sending an email to protect@umich.edu with "unsubscribe" in the subject line.