U.S. District Judge Richard Matsch wrote that he found “a pattern of the city tolerating delays in correcting the problems reported” — The Colorado Springs Gazette

Fountain Creek flooding 1999 via the CWCB

From The Colorado Springs Gazette (Conrad Swanson):

U.S. District Judge Richard Matsch heard the case in early September in a trial that lasted for more than a week. He issued his findings Friday afternoon.

Matsch ruled that the city violated its federal stormwater permit at Indigo Ranch North, a development at Stetson Ridge; Star Ranch, a luxury homes community on the city’s southwest side; and MorningStar at Bear Creek, a senior living center.

Matsch, who has yet to rule on other allegations against the city, did not say whether the city will face penalties for the violations…

In his ruling, Matsch wrote that city officials waived best stormwater management practices at Indigo Ranch North without sufficient justification. City officials also did not adequately oversee construction at the Star Ranch development to ensure compliance with stormwater requirements.

The city was obligated under those stormwater rules to reduce the amount of pollutants discharged from sites, which can erode stream banks, degrade water quality and harm downstream communities.

Stormwater from all three sites discharged into either Sand Creek or Fountain Creek farther downstream.

Pueblo County and the Lower Arkansas District cited increased E. coli levels, erosion and flooding as a result of Colorado Springs’ failure to properly corral stormwater.

City officials approved the design and installation of a detention basin at MorningStar that did not meet drainage requirements set in 2002, Matsch wrote. They also failed to ensure “adequate long-term operation and maintenance” of that basin…

Matsch wrote that he found “a pattern of the city tolerating delays in correcting the problems reported.”

Rural America’s Own Private Flint: Polluted Water Too Dangerous to Drink — The New York Times #vote

Fertilizer applied to corn field. Photo credit: USDA

From The New York Times (Jack Healey):

Now, fears and frustration over water quality and contamination have become a potent election-year issue, burbling up in races from the fissured bedrock here in Wisconsin to chemical-tainted wells in New Hampshire to dwindling water reserves in Arizona. President Trump’s actions to loosen clean water rules have intensified a battle over regulations and environmental protections unfolding on the most intensely local level: in people’s own kitchen faucets.

In Wisconsin and other Midwestern states where Republicans run the government, environmental groups say that politicians have cut budgets for environmental enforcement and inspections and weakened pollution rules. In Iowa, for example, the Republican-led Legislature dismissed a package of bills that would have blocked any new large-scale hog operations until the state cleaned up its nitrogen-laden rivers and streams.

There are no precise water-quality surveys of the galaxy of private wells that serve 43 million people in the United States, but sampling by the United States Geological Survey has found contamination in about one of every five wells.

Few water-quality rules regulate those wells, meaning there is no water company to call, no backup system to turn to, and often no simple way to cure the contamination. In Flint, lead-tainted water prompted a public health emergency that led to a criminal investigation.

Homeowners say they are forced to choose between installing expensive filtration systems, spending thousands to dig deeper wells, ignoring the problem or moving.

#ColoradoSprings Sand Creek stormwater project finished

Heavy rains inundate Sand Creek. Photo via the City of Colorado Springs and the Colorado Springs Independent.

From The Colorado Springs Independent (Pam Zubeck):

The city announced completion of the project on Oct. 22, noting it’s one of 71 projects the city agreed to complete under a 20-year, $460-million agreement with Pueblo County. Since that deal, inked in 2016, the city has completed six projects, says city spokesperson Vanessa Zink via email.

Check out the entire list here

The work on Sand Creek took 10 months and spanned a half mile, the city said in a release. Crews filled and reshaped the creek, installed grouted boulder drop structures to step the creek down and rebuilt the natural habitat along the creek. “The project raised the bottom of Sand Creek and regraded the banks back to a stable slope to prevent erosion and provide flood protection for up to a 100-year storm event through the half-mile improved section that will ultimately improve water quality for downstream communities,” the release said.

Funding for the project broke down this way: $3.9 million from a Federal Emergency Management Agency grant; $600,000 from the state and $1.5 million from the city.

Class action lawsuit filed against PFAS chemical producers

Photo via USAF Air Combat Command

From The Intercept (Sharon Lerner):

A class action lawsuit against 3M, DuPont, and Chemours was filed this week on behalf of everyone in the United States who has been exposed to PFAS chemicals. The suit was brought by Kevin Hardwick, an Ohio firefighter, but “seeks relief on behalf of a nationwide class of everyone in the United States who has a detectable level of PFAS chemicals in their blood.” Hardwick is represented by attorney Robert Bilott, who successfully sued DuPont on behalf of people in West Virginia and Ohio who had been exposed to PFOA from a plant in Parkersburg, West Virginia.

In addition to 3M, DuPont, and its spinoff, Chemours, the suit names eight other companies that produce the toxic chemicals, which are used to make firefighting foam, nonstick cookware, waterproof clothing, and many other products. While much of the litigation around PFAS has focused on PFOA and PFOS, this suit targets the entire class of PFAS chemicals, including “the newer ‘replacement’ chemicals, such as GenX.”

Rather than suing for cash penalties, the suit seeks to force the companies to create an independent panel of scientists “tasked with thoroughly studying and confirming the health effects that can be caused by contamination of human blood with multiple PFAS materials.” Such a panel would parallel the C8 Science Panel, which was created by the earlier class action litigation in West Virginia. That panel, overseen by epidemiologists approved by lawyers from both sides in the suit, found six diseases to be linked with PFOA exposure, including testicular cancer and kidney cancer.

“With multiple PFAS chemicals now contaminating the blood of people all over this country, it should be possible to build upon and expand the C8 Science Panel model to encompass a comprehensive, nationwide investigation of the impact of multiple PFAS chemicals,” Bilott said in a press release.

Critically, the settlement creating the C8 Science Panel stipulated that DuPont was unable to contest the links found by the C8 Science Panel in court, which helped lead to multiple verdicts in which the company was held liable. To date, DuPont has paid more than $1 billion in penalties as a result of the earlier PFOA litigation. The primary goal of the new lawsuit is the creation of a national study that would be similarly binding.

“The hope is it would go a long way to resolving the PFAS crisis by providing scientific answers that everybody involved would commit to,” said Bilott in an interview. “Otherwise there’s the potential for endless litigation and fighting over the meaning of the science.”

Fountain Creek “Creek Week” September 29 through October 7, 2018

UCCS Clean the Stream Team at the 2015 Creek Week. Photo via the Fountain Creek Watershed, Flood Control and Greenway District.

Click here for all the inside skinny and register:

Make some memories and make a difference!
3,000 Fountain Creek Watershed residents will come together from
Saturday, Sept. 29th – Sunday, Oct. 7th
from Monument to Pueblo,
and everywhere in between to clean our watershed!

View the list of events and clean-ups by clicking here.

Palmer Lake trustees pass ordinance to restrict service area

Palmer Lake via Wikipedia Commons

From The Colorado Springs Gazette (Rachel Riley):

The Palmer Lake Board of Trustees last week unanimously passed the ordinance, which requires that developers drill wells to serve properties outside the service area, Town Administrator Cathy Green said.

However, developers may still build within the service area and connect to existing water mains, Green said.

The town provides water to nearly 1,000 households and businesses. An engineering services company has found the municipal water supply can support about 80 more taps.

In late July, the town implemented Stage 2 water restrictions — preventing residents from watering their lawns and washing their cars — due to a broken pump on one of its wells and abnormally low reservoir levels.

But the town is finishing the installation of a new pump on the well, so the emergency restrictions will be lifted soon, Green said.

Normal year-round restrictions, which require Palmer Lake residents to water their lawns only on certain days of the week, will remain in place, she said.

@EPA plans to release PFAS management plan by the end of the year

Widefield aquifer via the Colorado Water Institute.

From The Nashua Telegraph (Ken Liebeskind):

After completing its final PFAS Community Engagement event in Leavenworth, Kansas, on Sept. 5, the EPA plans to prepare its PFAS management plan and release it by the end of the year.

The first community engagement event was in Exeter in June, with follow-ups in Horsham, Pennsylvania, Colorado Springs, Colorado, Fayetteville, North Carolina and an event for tribal representatives in Spokane, Washington.

The EPA said, “The Community Engagement events and the input the agency has received from the docket for public comments have been incredibly informative and will be used, along with perspectives from the National Leadership Summit to develop a PFAS management plan for release later this year.

[…]

While the EPA says one of its actions will be to evaluate the need for a MCL for PFAS that may change its current level of 70 parts per trillion that is a health advisory…

Many environmental groups are calling for lower levels that have already been established by other states.