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August 26, 2003 To: KRC Members From: Tom FitzGerald
Here at the Council, we take your e-mail privacy seriously. We attempt to avoid spreading any computer viruses, and never send or forward frivolous messages. Due to the recent concerns with virus attachments, KRC will NOT send any attached e-mails to our general mailing list. Instead, as issues or work of interest is generated by KRC, we will send you a message noting that the work has been posted (here) to our website, www.kyrc.org. If you receive any message from KRC that claims to have an attachment, or includes a questionable "subject," PLEASE let us know immediately in order that we may take steps to correct the problem. Thank you. Tom FitzGerald KRC
There is an organization in Frankfort that will take old computers, as long as they are Pentium or above, and old printers and monitors. They will fix them, and in turn donate the equipment to needy families. The name of the organization is the Salvation Student Technology Center, 119 West Main Street, Frankfort, KY 40601. The phone number is 502/226-6062. Cartridges that contain ink for inkjet printers and toner for laser printers and copying machines are being accepted in Jefferson County at: # 595 Hubbards Lane. # 3520 Newburg Road. # 7219 Dixie Highway (beind the Southwest Government Center). # 9300 Whipps Mill Road (behind police station). # 7201 Outer Loop (behind the Central Government Center). # 10620 W. Manslick Road (behind the police station). The Salvation Army of Frankfort will also take some type of gear. KRC has moved. Our new street address is: 213 St. Clair St. Suite 200. Court Square, Frankfort, 40601. Our mailing address is still the same P. O. Box 1070, 40602. |
Click the headline to read more about the Memorandum of Understanding executed on August 14, 2010 that implements the "fill placement optimization protocol", a methodology for minimizing the size and number of valley fills in waters of the Commonwealth. The PSC has approved the intervention of the Metropolitan Housing Coalition in the pending case in which Pennsylvania Power and Light is seeking to acquire Louisville Gas & Electric and Kentucky Utilities. The Metro Housing Coalition, which is a broad-based coalition of groups seeking to advance equitable, accessible housing choices for all persons, filed testimony expressing concerns regarding protection of the most vulnerable of ratepayers and the need to expand low- and fixed-income ratepayer assistance programs. To read the testimony, click the headline. KRC is representing the Housing Coalition in this case. On August 6, 2010, four residents of the Communities of Benham and Lynch in Harlan County, and the City of Lynch, filed a petition seeking the designation of the watersheds that provide the water supplies for those cities, and the viewshed from the historic communities, as areas unsuitable for surface mining. The four individuals are members of the Harlan County Chapter of Kentuckians for the Commonwealth who have been working, with KRC's support, for years to protect the integrity of those community water supplies. The petition was drafted by the Kentucky Resources Council, and is pending a decision by the Cabinet as to the completeness of the petition. If deemed complete, a ninety-day decision clock begins to run until a cabinet decision, which will follow a public hearing. Precedent exists in unsuitability petitions previously approved by the cabinet, for designating water supplies for communities as off-limits to strip mining; including Fern Lake and Cannons Creek Lake, which supply drinking water to, respectively, Middlesboro and Pineville. KRC's Board and staff join with the Robinson family in mourning the death of long-time environmental advocate Norm Robinson. Fitz had the privilege of working with Norm on the West County Community Task Force during the years prior to development of the STAR air toxics program, and Norm will be remembered as a thoughtful advocate for improving air quality in Louisville's west end. In his memory we rededicate ourselves to the unfinished work ahead to improve the quality of life in Kentucky's communities. In comments submitted on a proposed amendment to 405 KAR 8:100, KRC has questioned the legal and technical basis for allowing semipublic water systems to be approved without engineered plans and without demonstrating that the source water is within appropriate health limits. The proposed amendment is open for public comment until August 2, 2010. Semipublic water systems are those providing water for human consumption having less than fifteen service connections or serving less than twenty-five individuals. To read KRC's comments, click the headline. In a recent joint press release, the Association of Postconsumer Plastics Recyclers and National Association for PET Container Resources (NAPCOR) jointly called on packaging manufacturers to stop misusing the resin identification codes. The article noted that mislabeled containers with plastics that have a lower melting point can contaminate PET recycling streams and disrupt recycling operations. The article highlighted Kentucky as the only state in the Union that has adopted standards for recycling compatibility (House Bill 233, 2008 Session, the language of which was negotiated by KRC and sponsored by Rep.Arnold Simpson). Click the headline to read more about KRC's legislative activities during the 2010 General Assembly regular session, and the fate of the major bills and resolution on which KRC worked. Click the headline to read more about EPA's announcement that it will propose rules governing coal combustion waste disposal from coal-fired utilities. Fitz was a speaker at the 4th Annual Campus Community Partnerships for Sustainability Conference at Transylvania University on April 17. Click the headline to read the text of the conversation. Click the headline to read KRC's comments opposing issuance of a mine permit that could damage underground reservoirs that supply water to the cities of Benham and Lynch. Click the headline to read the text of KRC's January 13 testimony before the Senate Natural Resources and Energy Committee concerning SB 26, which would lift the 25-year moratorium on nuclear plant construction in Kentucky., A settlement in two administrative permit challenges to issuance of an underground coal mining permit to Clintwood Elkhorn Mining Co. will result in additional controls and limitations on the surface operations of the mine. Susan Skeens, and Sam and Lynette Justice had challenged issuance of the mine permit, and the settlement will provided for the purchase of Ms. Skeens home and property, as well as controls on coal stockpiling, paving of surface areas, vegetative buffer installation, extending city water service to the Justices, and time-of-day limits on the hauling of coal and size of the coal stockpile. Susan, Ray and Lynette were represented by KRC. An agreed-upon settlement between Laurel Tarbis and the City of LaGrange, Hill Land and Development Co. and Pollard Builders will assure that as land along Commerce Parkway in LaGrange is developed, the existing neighbors on Clifford Lane will not face increased traffic, and that the land nearest Clifford Lane will be developed for residential use only. Laurel was represented by Liz Edmonson, KRC's staff attorney. In response to a request from Representative Jim Wayne, KRC prepared an analysis of HB 221 and recommendations to strengthen transparency and public participation regarding the decision by local wastewater utilities to form or join a regional wastewater commission, and the operations and decisions of such a commission. This analysis forms the basis of a proposed revision to HB 221 that KRC prepared for the sponsors, which was incorporated into the bill as House Floor Amendment 1 to HB 221 HCS. The bill has been assigned to the Senate State and Local Government Committee on March 5. Click the headline to read KRC's concerns regarding the doubtful constitutionality of HB 213, which would allow a private pipeline company to condemn an easement on the lands of others for pipeline installation, in violation of the "public use" requirement of Kentucky's Constitution. KRC's testimony can be viewed by visiting www.ket.org and clicking on the February 11 Natural Resources and Environment Committee meeting. Click the headline to read KRC's written testimony in opposition to SB 133, which would allow billboard companies to destroy trees in highway rights-of-way to assure billboard visibility. Click the headline to read KRC's concerns regarding House Bill 312, which seeks greater access for equine recreation on state parks, nature preserves and fish & wildlife management areas. Click the headline to read KRC's letter to Kentucky's state Senators regarding SB 26, which would lift the 25-year requirement that a permanent waste disposal strategy precede construction of a new nuclear power plant. The bill passed 27-10 on January 20, and goes to the House for assignment to a committee for consideration. Click the headline to read KRC's comments on the proposal by the U.S. Office of Surface Mining to strengthen oversight of state mining programs. Kentucky lost a true environmental hero Wednesday evening, January 13, 2010. After a valiant battle over nearly six years with ovarian cancer, Madisonville environmental and social justice advocate Sue Anne Salmon passed from this world. Sue Anne was involved in scores of local and statewide issues regarding waste management, mining, and more - and spoke truth to power in her hometown and across the Commonwealth at a time when it took particular courage to do so. Diminutive in stature, she was known as "mighty mouse" to her friends, always battling for justice. In her honor, on January 9, 2010, the Board of KRC authorized the establishment of the first annual award ever granted by KRC in its 25-year history, to be called the "Sue Anne Salmon Community Advocacy Award." The award, details of which will be published next month, will recognize those who, like Sue Anne did her whole life, demonstrate principled and courageous advocacy for the betterment of community and the environment. When Sue Anne was told of the award last week by her sisters, she "smiled ear to ear," said her sister Lucy - "it just delighted her." We at KRC will forever cherish our friendship, and her exemplary patterning of courage, tenacity, grace, and love of others, and in her honor, we recommit ourselves to the unfinished task of restoring sanity and equity to environmental policy. A memorial service will be held on Saturday, January 23. Details are pending and we will update the website when they are known.. |
A settlement of an administrative challenge to a non-coal permit issued by the Kentucky Department of Natural Resources to Meade County Quarry, LLC for a limestone quarry in the Battletown area of Meade County, will provide additional protections to nearby landowners (within 1/2 mile) in the form of pre-blast surveys and groundwater surveys, and a good faith comittment to coordinate with a nearby quarry to avoid simultaneous blasting. Additionally, a truck wash will be used for trucks exiting the site. A challenge to the rezoning of the property to Heavy Industrial classification is pending before Meade Circuit Court. KRC represents landowner David Bell in both cases. On July 30, the Public Service Commission approved a settlement in the rate cases filed by Louisville Gas & Electric and Kentucky Utilities, that reduced by around 25% the amount of revenue and rate increases sought by the companies, and also reduces the increases that the companies sought in monthly customer charges. The settlement also extends low-income utility assistance programs and eliminates late fees for customers receiving 3rd-party utility assistance. KRC represented AARP in the case. In approving the settlement, the PSC noted that the agreed-upon amounts "result in a lower rate increase than justified by our traditional rate-making analysis." To read the PSC Order, go to http://www.psc.ky.gov and click on "current orders" and on July 30. The docket numbers are 2009-00548 and 2009-00549. Click the headline to read KRC's recommendations to the federal Office of Surface Mining and Kentucky DNR regarding the performance agreement for FY 2011, which outlines how the federal agency will oversee and evaluate the performance of the state under Kentucky's delegated mining regulatory program. After 5 hours of testimony and deliberations, the Louisville Metro Planning Commission voted 7-0 to deny a request by Krogers to eliminate a negotiated binding element on the former Hollywood Video property at the congested Bardstown Road - Trevilian Way intersection in order to allow installation of a 5 pump gas station. KRC represented the Belknap Neighborhood Association in opposing the request. To read KRC's presentation, click the headline. Fitz was honored to have been asked to give the commencement address to the 23rd graduating class of the Center for Neighborhood's Neighborhood Institute on July 29. Click the headline to read the address, which is full of unsolicited advice, as any commencement speech worth its salt must be. Click the headline to read KRC's comments in response to the second comment period on a proposed package of reforms to coal mining regulations being contemplated by the federal Office of Surface Mining. KRC had expressed concern that the first "notice of intent" failed to include alternatives as required by the National Environmental Policy Act. The second notice included alternatives to the proposed actions. The comment period has closed, and the next step will be drafting and publication of a draft Environmental Impact Statement for public comment. Following up on a preliminary finding issued in March, 2006, the Louisville District of the U.S. Army Corps of Engineers has issued a final denial of the request to construct a 300-acre water supply reservoir that would have impacted more than 61,000 feet of streams in Scott County. KRC opposed the project for the same reason that the Corps denied the authorization - the existence of less damaging practicable alternatives to meeting Scott County's reasonable water supply needs. To read the Corps statement, click the headline. KRC has carried forward the opposition of our predecessor Kentucky Rivers Coalition to the impoundment of free-flowing rivers and streams where other alternatives exist to address water supply needs. Click the headline to read KRC's written testimony on House Bill 221, which would allow creation of a regional wastewater commission in Jefferson and surrounding counties. The bill, which was heard by the Interim Joint Committee on State and Local Government in June, passed the House during the 2010 Regular Session, and is expected to be voted on by both chambers in the 2011 session. KRC had negotiated a number of changes in the bill to increase accountability to the member utility ratepayers in the formation and governance of such a commission. A recent revision to 401 KAR 5:075, the Kentucky Division of Water's regulation governing review procedures for issuance of KPDES permits, carried forward a pre-existing conflict in the rule language as to when the time for administrative appeals of permit decisions begins to run. After KRC raised the concern with the Cabinet, a revision was made by the agency that eliminates the conflict and assures that the appeal period does not begin to run until the person knows or should have known that the permit action had been taken; and not the date of permit issuance. KRC appreciates the responsiveness of the agency to the concern. Last week, Frasure Creek Mining LLC withdrew an application under the Clean Water Act 404 Program to create six excess spoil fills as part of a proposed mining operation that would drain into Buckhorn Creek near the UK Robinson Forest in Breathitt County, Kentucky. The proposal reauested approval for a combined 14,005 feet of permanent and temporary impacts to ephemeral and intermittent streams. To read KRC's 2009 letter in opposition to the requested authorization, click the headline. Click the headline to read KRC's comments on the draft revisions to the Metro Louisville STAR program. On May 10, the Division of Water filed an amended version of 401 KAR 5:075, which establishes the procedures for public notice and comment on KPDES water discharge permits, and for requests for administrative hearings of permit decisions. Unfortunately, the language reinstated concerning when the thirty (30) day period for requesting a hearing begins to run, conflicts with KRS 224.10-420(2), by not starting the time from the receipt of actual or constructive notice by a commenter. KRC has written to the Cabinet asking that they correct the flaw in the existing regulation, which was proposed to be deleted but is reinstated in the amendment, and will ask the ARRS to request that change in the event that the agency declines to do so. To read KRC's request, click the headline. Thanks to KRC members and friends who visited Just Creations, Louisville's International Fair Trade Craft Shop, on Thursday, May 6th. The evening was a great success, and KRC appreciates friends who brought food and drink, and their wallets, to help the cause! Click the headline to read the final edition covering the bills and resolutions that KRC tracked during the 2010 Regular Session, and the disposition of those bills and resolutions. After several months of negotiations among state and federal mine regulatory agencies, the Louisville District of the U.S. Army Corps of Engineers, EPA Region IV, representatives of the eastern Kentucky coal industry and John Morgan, a mining engineer with Morgan Worldwide Consultants who represented the Kentucky Resources Council, a protocol has been developed that will greatly reduce the amount of spoil material that is off-loaded from mine benches into valley fills. The protocol, titled "Fill Placement Optimization Process" is already in use by the Louisville District of the Corps of Engineers and by Region IV of the U.S. Environmental Protection Agency. To read more about the protocol, click the headline. Click the headline to read the text of Fitz's presentation on a Governor's Conference on the Environment Panel On Balancing Energy and Environmental Protection Click the headline to read the speech celebrating the graduation of the Fall, 2009 class of neighborhood advocates who successfully completed the 12-week Neighborhood Institute. The Center for Neighborhoods has offered this training program since 1987. In comments submitted to the Kentucky Department of Mine Permits, KRC requested a full hydrologic impact assessment of a proposed 11,000 acre underground mine in Letcher and Harlan Counties. To read the comment letter, click the headline. Click the headline to read KRC's letter requesting that an environmetnal impact statement be prepared prior to a decision on whether to authorize a new barge loading and unloading facility on the Ohio River near Battletown, Kentucky, and requesting a public hearing on the proposed Section 10 permit application of Meade County Quarry LLC.. By Order entered November 23, 2009, Administrative Law Judge Blanton overruled a motion to dismiss David Bell's challenge to the issuance of a limestone quarry permit to Meade County Quarry LLC to conduct open pit limestone mining near Battletown in Meade County. The Energy and Environment Cabinet argued that the Petitioner needed to demonstrate standing with respect to each deficiency alleged in the permit issuance rather than injury arising from the determination to issue the permit. The Hearing Officer rejected the proposition, finding that Mr. Bell's standing allegations were sufficient to survive the motion to dismiss, and that even under the Cabinet's restrictive standard the allegations for most of the errors alleged were sufficient. The case now moves into the discovery phase. KRC represents Mr. Bell. |
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