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July 15, 2005
<br />The Water Report
<br />WIND RIVER SETTLEMENT WY NOAA HATCHERY POLICY NW CONSERVATION EASEMENTS
<br />PENALTIES OF $1.32 MILLION
<br />The US Department of Justice
<br />and Environmental Protection Agency
<br />reached a settlement with three
<br />businesses for violations of several
<br />environmental laws on tribal lands in
<br />Wyoming. The settlement obtained
<br />penalties and supplemental
<br />environmental projects (SEPs) totaling
<br />$1,327,446, with the SEPs alone
<br />totaling $724,956.
<br />BP America Production Co. (BP),
<br />CamWest, Inc. and CamWest Limited
<br />Partnership allegedly violated the
<br />Clean Water Act, Safe Drinking Water
<br />Act and Oil Pollution Act on the
<br />Lander and Winkleman Dome Oil
<br />Fields in Fremont County, within the
<br />boundaries of the Wind River Indian
<br />Reservation of the Eastern Shoshone
<br />and Northern Arapaho Tribes. The
<br />violations included underground
<br />injection, oil containment, and surface
<br />water discharge. The consent decree
<br />was lodged in the US District Court
<br />for the District of Wyoming on June 6,
<br />with CamWest and BP (formerly
<br />known as Amoco Production Co.),
<br />paying penalties of $487,352 and
<br />$115,138, respectively, and also
<br />initiating supplemental environmental
<br />projects worth $429,621 and $295,335,
<br />respectively.
<br />The SEPs involve the purchase
<br />and installation of piping and other
<br />equipment to upgrade water treatment
<br />facilities, providing better quality and
<br />quantity of drinking water to tribal
<br />members on the Wind River Indian
<br />Reservation. Through the course of
<br />the negotiations, CamWest
<br />substantially achieved compliance at
<br />the Lander and Winkleman Dome Oil
<br />Fields. Environmental and human
<br />health conditions on the Wind River
<br />Indian Reservation were improved
<br />during this time by alleviating the
<br />threat posed to underground sources of
<br />drinking water.
<br />For info: Michael Risner, EPA, 303/
<br />312 -6890
<br />LISTING DETERMINATIONS
<br />On June 16, NOAA Fisheries
<br />Service (NOAA) issued a final policy for
<br />considering hatchery fish in making
<br />Endangered Species Act (ESA) listing
<br />determinations (see TWR #3, 4, 6 and
<br />12). The new policy is part of NOAA's
<br />response to a ruling by Judge Michael
<br />Hogan (Alsea Vallee Alliance v. Evans,
<br />161 F.Supp.2d 154 (Dist.Or. 2001)
<br />directing the agency to consider hatchery
<br />fish in ESA listings. The final policy
<br />establishes the criteria hatchery stock
<br />must meet to be considered part of the
<br />same biological unit as naturally
<br />spawning salmon. NOAA will consider
<br />the extinction risk of the entire biological
<br />unit (both naturally spawning and
<br />hatchery stocks) when it makes a listing
<br />decision. NOAA described the "central
<br />tenet" of the policy to be conservation of
<br />naturally salmonid populations and the
<br />ecosystem upon which they depend.
<br />NOAA also announced its final
<br />decision to retain the listings of 15
<br />Pacific salmon populations, and to add
<br />lower Columbia coho as a threatened
<br />species. The central California coast
<br />coho was also changed from
<br />"threatened" to "endangered" status.
<br />NOAA has extended the listing decision
<br />on Oregon coast coho and ten species of
<br />steelhead trout for six months while it
<br />conducts further scientific review.
<br />NOAA has amended the ESA
<br />prohibition of "take" so that it applies
<br />only to fish with intact adipose fins.
<br />This allows the harvest of hatchery fish
<br />(with clipped fins) that are not intended
<br />for conservation.
<br />Not everyone was thrilled with
<br />NOAA's policy. The conservation group
<br />Trout Unlimited (TU) said it was
<br />relieved that 16 stocks of Pacific salmon
<br />previously listed under the ESA would
<br />remain protected for now, but also said
<br />that the new policy would lead to more
<br />controversy and lawsuits, and ultimately
<br />diminish the protection and hinder the
<br />recovery of Pacific salmon and
<br />steelhead.
<br />For info: Brian Gorman, NOAA, 206/
<br />526 -6613, or website:
<br />www.nwr.noaa.gov/AlseaResponse/
<br />20040528 /index.htmi; Jeff Curtis, TU,
<br />503/ 827 -5700, or website: www.tu.org
<br />HANDBOOK RELEASED
<br />The Trust for Public Lands
<br />(TPL), in conjunction with the Land
<br />Trust Alliance, has recently released
<br />The Conservation Easement Handbook
<br />(originally published in 1988). The
<br />second edition has been thoroughly
<br />revised and expanded, with 21
<br />chapters containing information on
<br />drafting easements and managing
<br />easement programs. It provides how -
<br />to tips and checklists for land trust
<br />staff and board members, detailed
<br />drafting guidelines and a CD ROM of
<br />sample documents.
<br />For info: TPL, 415/ 495 -4014 or
<br />website: www.tpl.org
<br />EPA GUIDANCE US
<br />COMPLIANCE FOR DEVELOPMENT
<br />EPA's Office of Compliance has
<br />recently published Managing Your
<br />Environmental Responsibilities: A
<br />Planning Guide for Construction and
<br />Development (MYER Guide; Doc #:
<br />EPA305 -B -04 -003). The Guide is
<br />designed to be used by the
<br />construction industry during different
<br />project phases to understand which
<br />environmental regulations apply. The
<br />Guide can be used at the Pre -Bid phase
<br />to learn about requirements, so
<br />appropriate costs can be taken into
<br />consideration early. The Guide's
<br />responsibility- assignment checklist is
<br />useful during the Pre - Construction
<br />phase to facilitate allocation of
<br />environmental responsibilities to all
<br />parties before breaking ground.
<br />Industry can conduct self audits by
<br />using the self audit checklists,
<br />included in Part II of the Guide, during
<br />the Construction phase.
<br />For info: EPA website: www.epa.gov/
<br />compliance /resources /publications/
<br />assistance /sectors /constructmyer.html
<br />SUPERFUND LIEN CA
<br />PAST CLEANUP COSTS
<br />EPA has placed liens on 554
<br />acres at a former mine in Clear Lake,
<br />California to recuperate $27 million
<br />for past cleanup costs. EPA's
<br />response actions to -date include
<br />stabilizing waste piles, erosion control
<br />measures, removal of contaminated
<br />CopyrightO 2005 Envirotech Publications; Reproduction without permission strictly prohibited. 27
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