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‘We’re not a dump’ — poor Alabama towns struggle under the stench of toxic landfills

This story was originally published by the Guardian and is reproduced here as part of the Climate Desk collaboration.

West Jefferson, Alabama, a somnolent town of around 420 people northwest of Birmingham, was an unlikely venue to seize the national imagination. Now, it has the misfortune to be forever associated with the “poop train.”

David Brasfield, a retired coal miner who has lived in West Jefferson for 45 years, thought at first the foul stench came from the carcass of a shot pig. By the time he realized that human feces was being transported from 1,000 miles away to a nearby landfill site, a scene of biblical pestilence was unfolding upon West Jefferson.

“The odor was unbearable, as were the flies and stink bugs,” said Brasfield, who sports a graying handlebar mustache and describes himself as a conservative Republican. “The flies were so bad that you couldn’t walk outside without being inundated by them. You’d be covered in all sorts of insects. People started getting headaches, they couldn’t breathe. You wouldn’t even go outside to put meat on the barbecue.”

The landfill, called Big Sky Environmental, sits on the fringes of West Jefferson and is permitted to accept waste from 48 U.S. states. It used a nearby rail spur to import sewage from New York and New Jersey. This epic fecal odyssey was completed by trucks which took on the waste and rumbled through West Jefferson — sometimes spilling dark liquid on sharp turns — to the landfill.

Outrage at this arrangement reached a crescendo in April last year when Jefferson County, of which West Jefferson is part, barred the landfill operator from using the rail spur. Malodorous train carriages began backing up near several neighbouring towns.

“Oh my goodness, it’s just a nightmare here,” said Heather Hall, mayor of Parrish, where the unwanted cargo squatted for two months. “It smells like rotting corpses, or carcasses. It smells like death.”

America’s dumping ground

Residents started hounding the phone lines of elected officials and showed up at public meetings with bags of dead flies. One man described the smell as similar to “25,000 people taking a dump around your house.” The growing national media attention eventually stung New York and New Jersey, which halted convoys of human waste to the site.

But while the distress lifted from West Jefferson, other communities across Alabama struggle forlornly in a miasma of nearby landfills. Alabama has gained a reputation as the dumping ground of the U.S., with toxic waste from across the country typically heaped near poor, rural communities, many with large African American populations.

Alabama has a total of 173 operational landfills, more than three times as many as New York, a state with a population four times greater but with just 54 dumps. California — three times larger than Alabama and containing eight people for every Alabamian — has just a handful more landfills than the southern state.

“You take a poor rural area, take advantage of the people and turn their farming land into a dumping ground so a few people can make a profit,” said Nelson Brooke, head of the Black River Riverkeeper organization. “Parts of our state have been turned into a toilet bowl and there isn’t the political spine to stop it.”

Many of the largest landfills are clustered in a region known as the Black Belt, a stretch of counties around Alabama’s midriff named initially for its fertile topsoil but latterly known for the tenant farmers and sharecroppers that helped form the basis of its large black population today.

The low land values and extreme poverty of the region make it a magnet for landfills, with waste hauled in from across the country for as little as $1 a ton. Acceptance of landfills is delegated to counties, causing potential conflicts of interest with local officials involved in waste disposal. Residents are often blindsided by the appearance of new dumps.

“A continual refrain for decades in Alabama is that politicians are selling out the people,” said Conner Bailey, an academic at Auburn University. “It’s a long tradition.”

Environmental injustice

A crucible of the civil rights movement — from the Selma-to-Montgomery march to the Rosa Parks-inspired bus boycotts to the Birmingham church bombing — Alabama’s racial disparity in pollution exposure has become only more stark.

A landfill near Emelle in Sumter county, where the neighbouring community is about 90 percent black and a third of people live in poverty, at one point accepted 40 percent of all hazardous waste disposed in the U.S. Anniston, Alabama, where half the residents are black, won a high-profile settlement from Monsanto after the dumping of so much PCBs, chemicals linked to cancers and liver damage, that a local creek turned red.

“There are still major problems in Alabama resulting from environmental injustice and there does not appear to be will on part of its government to reverse these problems,” said Ryke Longest, a law professor at Duke University.

“Alabama’s history with Jim Crow and preservation of segregation as well as suppressing voting rights made these problems worse by segregating communities and disenfranchising black Americans in their communities.”

Many homes near the sprawling Stone’s Throw landfill, east of Montgomery, are now abandoned. The landfill, which can accept 1,500 tons of construction debris, ash, asbestos, sludge, and other material each day, is located in the Ashurst Bar/Smith community, which is around three-quarters African American.

“It’s almost unbearable to live there, even three miles away my eyes burn and I get nauseous,” said Phyllis Gosa, now retired and living in Selma but still visits family who have owned property in the community since the end of slavery. “It’s our heritage; we are losing who we are. When it comes to people of color, we are still three-fifths of a human being. The 14th amendment doesn’t apply to us. That’s who Alabama is, that’s its legacy.”

Ron Smith, a neighbor and pastor, said there is pressure on black families to sell devalued land to the expanding landfill. He grows blueberries in his back yard but is uncertain if he should eat them. “Our government picked an area where people couldn’t defend themselves,” he said. “This is the perfect area.”

Unlike the 1960s civil rights push, there has been no federal savior. In April 2017, a group of residents claimed that Alabama’s tolerance of the Stone’s Throw landfill had caused chronic illnesses such as asthma and cancer, pungent smells and water pollution, thereby breaching the Civil Rights Act’s prohibition of race-based discrimination.

In December, the U.S. Environmental Protection Agency (EPA) decided there was “insufficient evidence” for the complaint despite finding that the Alabama Department of Environmental Management (ADEM) hadn’t properly enforced a requirement that six inches of covering soil be placed upon landfill waste every day. ADEM wrote to the landfill, also in December, scolding it for excessive discharges of copper, oil, grease and “suspended solids” between 2016 and 2018.

However, while the EPA found “a preponderance of the evidence that a lack of enforcement did result in adverse impacts,” other, white-majority, communities also live under this inadequate regime, meaning the blight couldn’t be defined as racist.

The finding follows a familiar pattern by the EPA: The agency’s civil rights office went 22 years without deciding that discrimination laws were broken, despite hundreds of complaints.

‘Trapped’

More than 40 black residents have now turned to the courts, suing Advanced Disposal Services, which operates Stone’s Throw, and two water utilities for allowing heavy metals, E. coli and a cocktail of harmful chemicals to leach into the water supply and, they claim, cause their abdominal cancers.

“Alabama seems to have an inordinate number of these big landfills that have created a variety of problems,” said Ted Mann, the attorney representing the residents. Mann, an Alabamian Democrat who has an abstract painting of Abraham Lincoln in his Birmingham office, said his clients feel “trapped.”

“ADEM doesn’t do much of anything,” he said. “Underfunded, understaffed and woefully and inadequately involved in the environmental issues in our state.”

The crossover between pollution and racism “is hard to not see,” Mann said. “If you see it and you ignore it, it’s because you just want to ignore it.”

Other communities aren’t able to muster legal recourse. Uniontown, half an hour west of the civil rights touchstone of Selma, is a place where 9 out of 10 residents are black and the median household income is $14,000 a year. Uniontown’s roads are derelict, the only grocery store closed last year and its elementary school can only afford to educate children up to grade three.

Uniontown is also home to the Arrowhead landfill, an artificial green mountain twice the size of New York’s Central Park that looms over the tumbledown town. It can accept up to 15,000 tons of waste a day, from 33 states. In 2012, ADEM allowed Arrowhead to expand in size by two-thirds.

A group of residents have spent the past decade complaining about a smell similar to rotten eggs coming from the landfill, as well as the site’s coal ash for causing an array of health problems, such as sore throats and nosebleeds (Arrowhead said that no coal ash has been delivered to the landfill since 2010).

The landfill is a “huge hill in the midst of the community,” said Esther Calhoun, who has lived in Uniontown most of her life. “That smell … it makes you want to vomit. The pecan trees, they don’t bear any more. Even the garden that I had, we don’t use it any more.”

But in March last year, a few months before its similar Civil Rights Act decision over Stone’s Throw, the EPA ruled that Uniontown has not been subjected to “a prima facie case of discrimination.”

This knockback has shrouded Uniontown in fatalistic hopelessness, according to local activists. “They are trying to break our spirit,” said Ben Eaton, a retired teacher who speaks in a rumbling baritone and moves around with the aid of a walker. Eaton, now a county commissioner, had just come from a meeting where Arrowhead was asked to pay some fees up front so the county could afford an ambulance service.

“It’s a sort of learned helplessness,” he said. “People are hanging on by a thread right now. Well, my folks have always taught me to go down fighting, even if you go down.”

Mike Smith, an attorney for Arrowhead, said neither ADEM nor the EPA have ever found excessive odor, air pollution, or water contamination. “The residents you may have spoken to have been offered multiple opportunities, both formal and informal, to present any evidence of pollution and have failed to do so,” he said.

Smith added that the Uniontown community and surrounding Perry County “benefit substantially” from jobs and “host fee” payments provided by Arrowhead, with the landfill also sponsoring school supplies for the past decade.

ADEM insists it has environmental justice top of mind in its regulatory activities, with a spokeswoman stating the agency went “above and beyond” its legal requirements when consulting with residents living in West Jefferson, Uniontown, and Ashurst Bar/Smith.

“The department is confident that it has the resources and statutory authorization to properly regulate and monitor landfills in Alabama to ensure the protection of human health and the environment,” the spokesperson added.

‘We’re not a dump’

But even in West Jefferson, where the “poop train” was defeated, there is little hope of a lasting resolution in the tensions between the desire to generate income and community concern over quality of life.

In July, ADEM handed the Big Sky Environmental landfill a five-year extension to its permit. ADEM has also proposed changing the rules so that permits last for 10 rather than five years and has rescinded its environmental discrimination procedures, claiming its existing complaints process is sufficient.

“Let every state take care of their own trash but don’t bring it to Alabama,” said David Brasfield, the retired miner. “We just don’t need it. We’re better than that. We’re not a dump.

“But it will happen again if we let it. We cannot forget it and put it out of our minds. This is my home and I plan on defending it.”

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‘We’re not a dump’ — poor Alabama towns struggle under the stench of toxic landfills

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Residents of an Alabama town are saying the EPA doesn’t care about black people.

In a ruling this week, Judge William Alsup said that plaintiffs can sue greenhouse-gas emitters in federal court. That’s a big reversal. So far, the courts have held that it’s up to the EPA and lawmakers — not judges — to bring polluters into line.

In this case, the cities of Oakland and San Francisco sued a bunch of oil companies for contributing to climate change, raising sea levels and damaging their waterfronts. Because federal courts had previously said they wouldn’t regulate polluters, the cities were trying to move their lawsuit into the California court. If federal court wouldn’t punish polluters, the lawyers figured, maybe state court would.

Alsup denied the cities’ motion to move to state court. But instead of bowing to precedent and punting responsibility over to the EPA, he’s letting the lawsuit go to trial — in federal court.

“[The oil companies] got what they wanted; but they may be sorry they did,” said Ken Adams, lawyer for the Center for Climate Integrity, in a statement.

Of course, after opening this door, the courts could very well slam it shut again. The Supreme Court unanimously ruled in 2011 that it’s the job of Congress and regulators, not the court, to police emissions. But that decision concerned an American electric utility. Alsup said this case was different because the cities are suing international corporations.

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Residents of an Alabama town are saying the EPA doesn’t care about black people.

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EPA is breaking its own rules about protecting communities of color

This story was originally published by Mother Jones and is reproduced here as part of the Climate Desk collaboration.

In 2009, trains arrived in Uniontown, Alabama, carrying 4 million tons of coal ash, the toxic residue from burning coal. The ash was recovered from a spill in Kingston, Tennessee — a town that is more than 90 percent white — and brought to a new landfill less than a mile from the residential part of Uniontown, which is 90 percent black. Soon, Uniontown residents began reporting breathing problems, rashes, nausea, nosebleeds, and more.

“The smell, the pollution, and the fear affect all aspects of life — whether we can eat from our gardens, hang our clothes, or spend time outside,” resident Esther Calhoun later said.

Uniontown residents filed a complaint to the Environmental Protection Agency’s Office of Civil Rights in 2013, alleging that the waste was disproportionately affecting black property owners. By allowing the landfill to exist, they said, Alabama was violating Title VI of the 1964 Civil Rights Act, which mandates that federal funds not be used in a discriminatory purpose. The EPA is supposed to respond to such complaints within six months. Three years after filing the complaint, Uniontown residents are still waiting for an answer.

The story is one of many detailed in a scathing report by the U.S. Commission on Civil Rights, a government watchdog group, on the EPA’s “long history” of not effectively enforcing its anti-discrimination policies. “EPA does not take action when faced with environmental justice concerns until forced to do so,” it reads. “When they do act, they make easy choices and outsource any environmental justice responsibilities onto others.”

For years, critics have accused the EPA of neglecting communities of color, pointing to cases from toxic air in Richmond, California, to lead-contaminated water in Flint, Michigan.

The report sheds light on why this might be the case: Despite receiving early 300 discrimination complaints since 1993, the EPA’s Office of Civil Rights has “never made a formal finding of discrimination and has never denied or withdrawn financial assistance from a recipient in its entire history,” the report found. Last year, the Center for Public Integrity found that it takes the EPA a year, on average, to decide to accept or dismiss a Title VI complaint, and that the agency dismisses or rejects the discrimination complaints in more than 9 out of 10 cases.

Much of the U.S. Commission on Civil Rights report focuses on coal ash, which typically contains arsenic, mercury, and other heavy metals that are “associated with cancer and various other serious health effects,” according to the EPA. The ash is America’s second largest industrial waste stream (after mining waste), with 130 million tons generated each year — more than 800 pounds for every man, woman, and child in the United States. Until recently, the coal ash was typically dumped in unlined pits and covered with water, sometimes contaminating local water sources.

In 2014, the EPA came out with the first-ever coal ash storage rule — after environmental groups sued the agency for evading its responsibility to revise its waste regulations. The regulations say that new coal ash pits must be lined, and unlined pits need to be cleaned up — but only if they’re connected to active power plants and found to be polluting groundwater. What’s more, the rule doesn’t allow federal enforcement, leaving lawsuits as the only mechanism of ensuring that the guidelines are followed.

The U.S. Commission on Civil Rights report took issue with these weaknesses, saying the rule “requires low-income and communities of color to collect complex data, fund litigation and navigate the federal court system — the very communities that the environmental justice principles were designed to protect.”

It recommends that the EPA bring on additional staff to respond to discrimination complaints and handle the current backlog (some cases are decades old). It calls for the agency to classify coal ash as hazardous waste, test water near coal ash ponds in poor and minority communities, and study the health effects of the waste. It also points out that all this will be difficult without funding from Congress — currently, only eight EPA staff members are directly responsible for Title VI compliance.

In a statement to the Center for Public Integrity, the EPA said that the report had “serious and pervasive flaws” and included factual inaccuracies and mischaracterizations of EPA findings. Mustafa Ali, environmental justice advisor to EPA head Gina McCarthy, said, “EPA has a robust and successful national program to protect minority and low-income communities from pollution.”

In places like Uniontown, Alabama, it’s hard to see evidence of such a program. “EPA is more focused on process than on outcomes; more focused on rhetoric than results,” wrote commission chair Martin Castro in the report. “By any measure, its outcomes are pathetic when it comes to environmental justice.”

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EPA is breaking its own rules about protecting communities of color

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Coal might be on the way out, but toxic coal ash isn’t going away

Coal might be on the way out, but toxic coal ash isn’t going away

By on 2 Mar 2016 5:05 pmcommentsShare

This story was originally published by Mother Jones and is reproduced here as part of the Climate Desk collaboration.

Earlier this month, Esther Calhoun stood before the U.S. Commission on Civil Rights in Washington, D.C., describing some of the unlikely ailments that have been plaguing her and her neighbors these past few years. “I am only 51 years old and I have neuropathy,” she said. “The neurologist said that it may be caused by lead, and it is not going to get better.”

This is not a story about contaminated water in Flint, Mich. Calhoun, who lives in Uniontown, Ala., was talking about coal ash — a toxic byproduct of burning coal that has quietly become one of America’s worst environmental justice problems. The ashes are typically laden with arsenic, lead, mercury, and other toxins, and multiple studies have found that the waste tends to be stored in low-income, minority communities. In Uniontown, where 90 percent of residents are black and about half live below the poverty line, an uncovered coal ash landfill sits “directly across the street from peoples’ homes, and from yards in which their kids play,” says Marianne Engelman-Lado, an attorney with the environmental nonprofit Earthjustice.

Coal is slowly on the way out in the United States, but our existing coal-fired power plants still generate roughly 130 million tons of coal ash each year. That’s more than 800 pounds for every man, woman, and child in America. The regulations on disposal of coal ash are weak, to say the least, making the experiences of Calhoun and her neighbors far from unique. Here’s a quick primer to get you up to date on an environmental nightmare that shows no signs of going away.

Wait, wasn’t there some big coal ash disaster fairly recently?

Yep. Coal ash made national headlines in December 2008, when a dam at the TVA Kingston Fossil Plant in Tennessee ruptured, releasing more than 1 billion gallons of toxic coal ash slurry onto the surrounding 300 acres. A wave of sludge destroyed homes, inundated ponds and streams, and formed “ash bergs” — heaps that floated down the nearby Emory River. Tests of local waterways after the breach turned up arsenic, a human carcinogen, at 149 times the level deemed safe for drinking water. Four million tons of ash were recovered and carted to an uncovered landfill in Uniontown, where Calhoun and others continue to feel its effects. There have been other recent spills, too, including a 2011 breach that contaminated Lake Michigan and a 2013 spill into North Carolina’s Dan River.

What is coal ash like?

It includes “fly ash” — powdery particles that easily become airborne — along with coarser, sludgy material that sinks to the bottom of coal furnaces. The ash is sometimes dumped in uncovered landfills, which allows the lighter particles to blow over residential areas in the vicinity. Sometimes it’s used for “beneficiary” purposes: mixed into topsoil or employed as a structural fill during construction projects. In other cases, it’s mixed with water and stored in unlined pits, or “ponds,” from which toxins can get into the groundwater. “Due to the mobility of these metals and the large size of a typical disposal unit, metals, especially arsenic, may leach at levels of potential concern,” Barry Breen, a representative from the Environmental Protection Agency, told members of Congress in 2009. According to the agency’s data, residents living near a disposal site have as much as a 1 in 50 chance of developing cancer from drinking arsenic-contaminated water.

Dot Griffith/Appalachian Voices

What has the EPA done about all of this?

Not a whole lot. In fact, coal ash was used in the construction of the Ronald Reagan Building in Washington, D.C., which houses the EPA. Six years after the massive Tennessee spill, the agency adopted rules stipulating how the waste should be handled. But states aren’t required to adopt those rules. According to a 2014 joint report by Earthjustice and Physicians for Social Responsibility, “some states allow coal ash to be used as structural fill, agricultural soil additive, top layer on unpaved roads, fill for abandoned mines, spread on snowy roads, and even as cinders on school running tracks.”

Is my neighborhood contaminated?

There are more than 1,000 active ash landfills and ponds around the country, not to mention hundreds of “retired” sites and about 200 locations where spills are known to have contaminated the surrounding water and air. The EPA has found that low-income, minority communities are disproportionately affected — 1.5 million people of color live within the catchment zone of a coal ash storage facility. Earthjustice created the map of contamination sites below, with the caveat that the sites it depicts are “likely to be only a small percentage of the nation’s coal-ash-contaminated sites in the United States. Most coal ash landfills and ponds do not conduct monitoring, so the majority of water contamination goes undetected.” (This map is best viewed on a computer, not a mobile device.)

Is there a solution?

“This is a relatively easy problem to solve,” notes Lisa Evans, a senior lawyer for Earthjustice. “We’ve always known how to dispose of coal ash.” The tried-and-true EPA method consists of placing the dry ash into an enclosed, secure (lined) landfill so that it can’t leach into the soil or escape into the air. Of course, this costs more than simply dumping the stuff into open ponds or landfills next to the power plant, particularly since it sometimes involves moving the coal ash to hazardous waste facilities off-site. But the human cost of improper disposal is far greater. As Evans puts it, “You have a lot of people hurt, and a lot of environmental damage for pennies on the dollar.”

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Original article: 

Coal might be on the way out, but toxic coal ash isn’t going away

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