Rolling, tree-lined streets in the Pines offer visitors little clue that the water bubbling up from this sandy soil, a stone’s throw from Lake Michigan, harbors treacherous chemicals.
The very ground water people have been bathing in and consuming for decades is tainted.
Designated a Superfund site by the federal government, the water in many of the town’s private wells is laden with chemicals from power plant waste.
“The town of Pines is being used as a poster child all over the country for what could and what did go wrong with an ill-conceived power plant landfill,” said Jan Nona, a resident and member of P.I.N.E.S., or People in Need of Environmental Safety.
Power plant waste has become a national issue, garnering attention from state and national environmental groups.
“We very much feel the power plant waste needs to be regulated by the federal government,” said Lisa Evans, counsel for the Clean Air Task Force.
“Indiana is a good example of why it can’t be left to the states,” she said.
While many chemicals have been found in the water, chief among the Environmental Protection Agency’s concerns is boron, a chemical that affects prenatal development in studies on animals.
Northern Indiana Public Service Co. and Brown Inc., the company that manages the landfill, have been named by the EPA as the parties responsible for the contamination.
A representative of Brown refused to comment for this story.
NIPSCO is providing bottled water for 11 homes now. The power company says it wants to work with agencies involved to reach a satisfactory resolution.
Residents say the company needs to go further and work faster.
The residents of the Pines can’t understand why the EPA refuses to test all of the town’s wells.
Testing every well would be too costly, said Ken Thiesen, on-scene coordinator for the EPA.
The agency has spent $300,000 on sampling wells, not including overhead costs.
“Some of the wells have been sampled numerous times by the EPA and the state. Some wells have been sampled only once,” Thiesen said.
“Not everybody in the township was sampled. The expense of that would have been prohibitive,” he said.
Thiesen could not give an estimate for testing all of the town’s wells.
Recently, more wells in surrounding Pine Township, Beverly Shores and the National Lakeshore have tested positive for high levels of boron.
Since the initial contamination was discovered four years ago in the Pines, 130 homes have received municipal water. Water lines to service the rest of the community are slated to be laid this summer.
Nearly 800 people reside here.
Yet, the story of the Pines and its water supply is far from over.
Like the water that used to spring from their wells, a gaggle of attorneys, lawsuits and bureaucrats also has gushed forth over the issue.
A federal lawsuit has been filed and a civil lawsuit is on the horizon.
Members of P.I.N.E.S. such as Nona have written Indiana Gov. Joe Kernan and traveled to Washington to petition the EPA to expand its regulation of power plant waste.
The number and frequency of well testing, first by the IDEM and now the EPA, has been criticized by the town’s residents.
The journey
More than two decades ago, ash ponds at NIPSCO’s Michigan City generating station were overflowing with coal ash, a waste product from burning coal in power plants.
Roughly 1 million tons of the waste was moved to Brown’s Yard 520 in the Pines.
“The ash ponds were intended to be temporary holding areas for ash as permitted by IDEM,” said NIPSCO spokeswoman Regina Biddings in an e-mail.
“They were not intended to be permanent disposal sites,” Biddings said.
Jeff Stant, a coal consultant for the Clean Air Task Force, has another theory.
Testing in the late 1970s and early 1980s at the Michigan City plant revealed arsenic levels at 500 times today’s EPA standard, Stant said.
Stant said his figures come from a 1988 report presented to Congress by the EPA.
“They started dumping it out in nearby hamlets,” Stant said. “I definitely suspect Beverly Shores got a good bit of it, too.”
“It appears they were just engaging in a shell game.”
The waste was transported to the Pines with the permission of IDEM, Biddings said.
It wasn’t until 1983 that Yard 520 was licensed by the state to receive power plant waste. Before that, regulations for the waste didn’t exist, said Amy Hartsock, public information officer for IDEM.
IDEM itself wasn’t formed until the mid-1980s. Prior to then, the Indiana Department of Health oversaw environmental issues, Hartsock said.
NIPSCO also rids itself annually of 200,000 tons of fly ash to the concrete industry, Biddings said.
Besides the landfill, low areas of the community were filled in with fly ash.
To complicate matters, the ash material is in back yards, under driveways, and forms the base of roads snaking through the town.
The ash was dumped there at a time before regulations and before people knew what the ash could do.
“Prior to 1974, people were taking their garbage to the dump and setting it on fire. Our methods of disposal weren’t really sanitary,” said Bruce Palin, deputy assistant commissioner for IDEM’s office of land quality.
“Industrial waste didn’t get a lot of attention until later,” he said. “They had this ash; it looked like black sand. It was innocuous looking. They said, 'This makes great fill because it’s similar in consistency to sand there.’”
State and federal environmental officials discovered on the Brown property deposits of ash that pre-dated the permitting process.
That ash was not within the boundaries of the landfill, Palin said.
“At the time we issued the permit in 1983, I don’t believe we were aware of this ash material at the boundaries of the property,” Palin said.
“Monitoring wells on site weren’t established to monitor (the) other ash area,” he said.
Regulation
What happened in the Pines is the result of poor oversight, says Brian Wright, coal policy director for the Hoosier Environmental Council.
“You look at the overall record on the handling of the power plant waste dumped at the Pines, the situation there is par for the course for power plant waste,” Wright said.
“This isn’t an isolated case,” he said. “This is the result of bad state and local policies on handling power plant waste,” he said.
Each year, NIPSCO generates roughly 500,000 tons of power plant waste, according to Biddings.
The Michigan City generating station alone provides 100,000 tons annually, Biddings said.
Currently, fly ash from Michigan City is stored at NIPSCO’s Schahfer generating station landfill in Jasper County, Biddings said.
A network of 14 monitoring wells surrounding the landfill are checked twice a year, Biddings said.
Living in fear
Pines resident Cathi Murray, 45, a part-time preschool teacher, wants all the town’s wells tested.
The well of a neighbor a block away has shown uncomfortably high levels of molybdenum.
The road behind Murray’s house was constructed of fly ash.
But Murray’s well has not been tested by the EPA.
So she buys her water by the case.
“I have a 9- and 11-year-old. Do I really want to jeopardize their health on water? No.” Murray said.
She uses tap water for some cooking, though.
“I can’t really afford to buy water to boil pasta or potatoes,” she said. “I just have to hope it’s not getting getting into the food.”
Peggy Richardson, 52, lives in Pine Township, southeast of the Yard 520 and outside of the town’s limits.
Yet, her well water is tainted.
The EPA tested one side of her road — the other side.
“They wouldn’t test me because I didn’t live on the right side of the street,” Richardson said.
The Clean Air Task Force did test Richardson’s water.
At one point, her well water showed 1,950 parts per billion of boron, more than twice the level the EPA deems safe.
Richardson says she receives 30 gallons of water every two weeks, paid for by Brown Inc.
“There’s a long litany of health impacts that these constituents cause at the level they’re being found in the Pines,” said Stant.
The way well testing was done and the way in which the EPA decided who would receive municipal water was irresponsible, Stant said.
“They went out there and did one set of sampling in that town,” he said.
He also believes that the contamination found in Beverly Shores and the National Lakeshore could be linked to the Pines.
EPA officials have said the high boron levels could be occurring naturally.
“They’ll claim the Beverly Shores boron is coming from nature,” he said. “But our assertion would be that those levels are way higher than what nature would be putting in the water.”
More intensive EPA studies are planned for both the Pines and Beverly Shores.
“The hydrology of this area is quite complex. We think the boron level in our case is due to naturally occurring boron in deeper wells in the aquifer,” said Dale Engquist, National Lakeshore superintendent.
This summer the park may have to truck water in for visitors who use the water fountain and foot-washing station at Lake View in Beverly Shores.
Even before the discovery, Beverly Shores planned to put in municipal water this summer.
The U.S. Geological Survey plans to study the hydrology of the area to see if the boron levels in Beverly Shores are linked to the contamination in the Pines.
“We don’t know at this time,” said the EPA’s Thiesen. “We don’t know if it’s related to the Pines problem.”
As for the residents of the Pines, they have learned to view the opinions of government officials, attorneys and corporations with skepticism.
They’ve waited years for some resolution to an environmental issue that’s become personal.
“They just love to do the side-step,” Nona said. “They avoid putting their necks in a noose. And why should they? Who are we?”
“We’re just some little people up here with some big mouths.”
source: http://www.post-trib.com/cgi-bin/pto-story/news/z1/02-15-04_z1_news_01.html 15feb04
Angered by what they believe is a snail’s pace when it comes to addressing documented health threats in the Town of Pines, two of its residents and the Hoosier Environmental Council yesterday filed a lawsuit in U.S. District Court in South Bend.
Named as defendant is Nisource Inc. subsidiary of the Northern Indiana Public Service Co. (NIPSCO), whose Michigan City and Bailly coal-combustion power plants generated tons of fly ash by-product that were landfilled in The Pines and used for fill and road base there.
A panel of town, township and environmental officials announced the litigation Thursday. It seeks an injunction to compel Nisource to initiate an aggressive water-sampling program, and to provide safe drinking water to all residents of The Pines and its vicinity whose water is laced with heavy metals and other toxic constituents of NIPSCO’s fly ash.
Geological studies show water apparently seeps through the landfill and carries contaminants into the acquifer supplying area wells, and environmentalists believe into the groundwater that flows through ditches and eventually into Lake Michigan.
In a related development, both NIPSCO and Brown Inc., the latter owner of the Yard 520 Pines-area landfill where the utility’s fly ash for years was buried, have been notified by the Indiana Department of Environmental Management that they failed to submit a final draft plan for residential well sampling in The Pines. IDEM set a new deadline of Jan. 24 to commence those and other activities, and to provide more residents with bottled water as the need arises.
Both NIPSCO and Brown have been designated by the U.S. Environmental Protection Agency as “responsible parties” for contamination in The Pines and last year paid for a $2 million project that brought municipal water to approximately 130 or about one-third the homes in The Pines area.
The HEC lawsuit, filed on behalf of its members in The Pines, also was filed by town residents Janet Nona and Cathi Murray, the latter a Town Council member. Said Murray, “Our community has suffered a great injustice at the hands of NIPSCO. This lawsuit can’t take away the decades residents have been and are exposed to hazardous chemicals. Hopefully, we can stop it now.”
High levels of boron, molybdenum, arsenic and manganese have been detected in several Pines-area wells, but Murray emphasized that residents are extremely concerned all wells have not been tested. Wells in areas publicly claimed as “safe” by the EPA, said Murray, instead revealed high levels of toxic chemicals when tested privately.
Town officials released a statement yesterday from Dr. Peter Orris of the University of Illinois School of Public Health. He said, “The levels found in the Town of Pines, though variable, were in differing locations between 10-fold and 100-fold higher than the standards. This undoubtedly places those members of the community at risk for neurologic, gastrointestinal and (liver) disease.”
Orris added that the town’s children would be at greatest risk. Pointing to bottles containing contaminated water, said Pines Town Council member Jeanette Jones, “That’s what our babies are drinking.” All residents need safe, clean water for drinking, cooking and bathing, she added. Without it, “It’s not right for us to live this way.”
The litigation was filed by attorney John Hamilton of South Bend.
In a statement read by Pine Township Board President Peggy Richardson, Hamilton said the citizens’ suit, authorized by the federal Resource Conservation and Recovery Act of 1976, is intended to do what, to date, federal and state agencies have failed to do: force the party citizens allege is ultimately responsible for the mess in The Pines to safeguard all whom it put at peril.
Jeff Stant of the Clean Air Task Force said Brown Inc. wasn’t named a defendant in the lawsuit because homes near Yard 520 have been provided with municipal water and there was a need to focus attention on other endangered areas of town not covered under the 2003 EPA order of consent entered into by the agency, NIPSCO and Brown.
However, Murray said Brown isn’t off the hook. People In Need of Environmental Safety or P.I.N.E.S. is appealing Brown’s closure plan for the southern portion of Yard 520. The northern portion previously was closed under IDEM supervision. Said Murray, “We can’t trust them at this point.”
Kevin Herron, IDEM project manager for remediation services, was unavailable for comment Thursday.
Brian Wright, coal policy director of HEC, said IDEM ignored 20 years of warning signs that there was an increasing health risk in The Pines. Despite similar situations in other states, they and federal regulators refuse to put in place strict guidelines for disposal of special coal-combustion wastes, he added.
While applauding IDEM’s recent letter to NIPSCO and Brown setting a new deadline for water testing, Stant warned, “To think the State of Indiana came to the rescue and sampling will be done and the danger abated soon, they aren’t.” Rather than threatening a fine, IDEM is merely pleading for compliance, he stated.
Stant said the EPA isn’t doing enough to enforce the 2003 consent order. “The shirking of responsibilities by those the taxpayers pay to protect their drinking water is one reason for the tragedy in Pines.”
Wright said, “EPA’s limited response to the problem in Pines is clearly wrong and plainly harmful to the community.” The EPA estimates it will be years before a study is complete and a cleanup option is chosen, according to those present.
Pines’ EPA on-site coordinator Ken Theisen said Thursday, “We’re hopeful on the next phase but have nothing to release at this time.” He noted the EPA is actively working to bring a satisfactory solution to the Pines area. “We’re keeping our fingers crossed for good news.”
Theisen confirmed a few additional water samples were taken and new “hot spots” detected, but NIPSCO and Brown so far have not agreed to pay for connecting the additional homes to municipal water as EPA is requesting. “I did the worst but we still have the rest,” Theisen said.
Residents in nearby Beverly Shores have expressed concern and tests taken by citizens there showed contamination of some wells. The EPA has begun an investigation into the matter, and the town of Beverly Shores is preparing to install a municipal water system of its own.
Nona said she agreed to be a party to the lawsuit because, “Somebody has to. If the people here aren’t willing to speak up, who is? If people like Cathi and I don’t have the guts to put our money where our mouth is, what kind of people are we?”
NIPSCO statement cites water supply plan
The following statement was released by Northern Indiana Public Service Co. communications director Regina Biddings late Thursday afternoon:
“(NIPSCO) remains committed to working on a satisfactory resolution to the groundwater problem in the Town of Pines. NIPSCO, Brown, Inc. and other companies affiliated with Brown, Inc. have been working with the U.S. Environmental Protection Agency (EPA) to evaluate and address groundwater impacts within the Town of Pines.
“That effort resulted in the project to provide an alternate water supply to certain areas within the Town of Pines, which were designated by the EPA.
“That water installation project involved the extension of municipal water service from Michigan City to the Town of Pines, (the) connection of approximately 130 users to the water service line, and the closing of the users’ private wells.
“That project was substantially completed to the EPA’s satisfaction in December, 2003 by NIPSCO and Brown, Inc.
“We are confident that continuing to work in a collaborative way with the appropriate agencies will result in a program tailored to the groundwater conditions existing at the Town of Pines.”
source: http://www.chestertontribune.com/Environment/lawsuit_hits_nipsco_over_pines_w.htm 15feb04
Citizens group seeks testing of wells, drinking water for Pines residents
THE PINES—Two residents and a state environmental watchdog organization filed suit Thursday against NIPSCO, seeking testing of all wells in the town.
The suit was filed against NiSource, the parent company of the Northern Indiana Public Service Co., in federal district court in South Bend. It was filed by attorney John Hamilton, representing residents Cathi Murray and Janet Nona and the Hoosier Environmental Council.
"Our community has suffered a grave injustice at the hands of NIPSCO," Murray said in a news conference announcing the litigation. Murray and Nona have been leaders of the citizens action group People in Need of Environmental Safety, which alleges NIPSCO is responsible for the town's groundwater contamination.
In addition to townwide well testing, the suit also seeks to have NIPSCO supply public water to residents threatened by the contamination. The suit does not seek any payments or punitive damages.
In a statement, Hamilton labeled NIPSCO "the party ultimately responsible for the mess in Pines."
Jeff Stant of the Clean Air Task Force said, "For 30 years, NIPSCO used the town of Pines as a dumping ground." Dangerous levels of heavy metals, including boron, molybdenum and manganese, have been identified in the town's water.
Brown Inc., and two affiliated companies were not named in the suit. The Brown companies operate and have transported NIPSCO coal ash waste to the town's Yard 520 landfill—identified as one source of the contamination.
Stant said Brown was not named because contamination directly north of the landfill was being addressed. Other pockets further east, suspected to have been caused by use of NIPSCO waste as fill for roads and low-lying areas, have not yet been addressed, Stant said.
Responding to the lawsuit, NIPSCO issued a statement saying it was "committed to working on a satisfactory resolution to the groundwater problem." No time frame for that work was given. The statement also noted that NIPSCO collaboration with the Environmental Protection Agency and Brown Inc. had resulted in the extension of municipal water to 130 residences in the town.
Members of the citizens group say that figure represents only one-third of homes in the town and is inadequate.
Murray said citizens had been doing the job of the government. For more than two years, she said, she had implored the EPA and the Indiana Department of Environmental Management to test all the wells in town, to no avail. Last fall, the citizens group identified wells with dangerously elevated levels of boron within areas previously declared safe by the EPA. The results later were confirmed by the EPA, which then added the affected residences to the roster of homes receiving Michigan City water from the pipeline completed in December.
HEC representative Brian Wright said the contamination in The Pines was not a mistake or an isolated case, but the result of dumping coal waste without basic safeguards.
Brown Inc's Yard 520 landfill was located atop the town's aquifer without a protective liner, Wright said. The state and federal governments, he added, continued to refuse to put safeguards in place, despite knowledge of the extent of the problem. The state had 20 years to watch the contamination grow, he said.
source: http://www.nwitimes.com/articles/2004/01/09/news/porter_county/457a005ed026572e86256e1600118af3.txt 15feb04
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