Cleanup bill nixed
Wednesday, December 28, 2005 JEREMIAH STETTLER THE SAGINAW NEWS

Gov. Jennifer M. Granholm has come into the crosshairs of citizen groups downstream and downwind of Dow Chemical Co. that say the governor wrongly vetoed a bill that would have required environmental regulators to test their property before labeling it a contaminated "facility."

They haven't decided on a course of action yet -- maybe a protest outside the governor's residence, legal action or a legislative push for tax relief -- but they say the battle is not over.

"This isn't the end," said Leonard Heinzman, co-founder of Tittabawassee River Voice, a citizens group that opposes the state's "facility" designation as damaging to property values.

The Democratic governor rejected the legislation Tuesday, saying it would delay environmental cleanup, saddle the state with higher costs and mandate unnecessary testing.

"Michigan homeowners deserve protections for their investments, but changes in Michigan law that threaten the protection of public health and the environment under the guise of homeowner fairness are not acceptable," Granholm told lawmakers in her veto letter.

Heinzman said the decision allows the state Department of Environmental Quality to continue, unbridled, in declaring large swaths of land as contaminated.

"Jennifer Granholm is trying to hijack and destroy property rights and science-based public policy" he said. "Homeowners are the key stakeholders on this complicated environmental issue. Granholm completely dismisses their rights and concerns, and in doing so, allows MDEQ to be accountable to no one."

Rep. John Moolenaar, a Midland Republican, introduced the bill after the state Department of Environmental Quality told homeowners in Midland and Saginaw counties that their land was polluted with dioxin, a toxin, from a nearby Dow Chemical plant.

The DEQ took soil samples throughout the Tittabawassee flood plain but did not test every single parcel, partly basing its findings on inferences and patterns. That drew criticism from area homeowners worried about their property values and safety.

Under the legislation, regulators could have marked land for cleanup without testing the individual parcel -- but only if the property owner agreed in writing. Dow could have contested the designation by conducting its own tests.
The bill also would have required the DEQ to base cleanup methods on site-specific studies focusing on human health risks. The toxin is linked to cancer, birth defects and other health problems.

Michelle Hurd Riddick, spokeswoman for the environmental watchdog group Lone Tree Council, applauded the governor's rejection of the bill. She said it could have had far-reaching implications on the state's ability to clean up contaminated sites.

"We are really, really delighted," she said. "The governor was absolutely correct to veto this."

But Republicans criticized Granholm's decision.

"The governor who had sought to change Michigan's political landscape has instead hid within the political safe harbors of the status quo," Moolenaar said. "Her unfortunate veto is a step backward for economic recovery in Michigan."

State Sen. Mike Goschka, who had introduced identical legislation but agreed to have Moolenaar's bill considered to expedite the process, also decried the veto.

"For too long, residents along the Tittabawassee River floodplain have suffered due to a faulty and highly abusive DEQ police that has only served to take away the rights of property owners," said Goschka, a Brant Republican.

Granholm's veto "is only encouraging the DEQ to continue to abuse this broken system," he added.

However, DEQ Director Steven E. Chester applauded the governor's action and said he will continue trying to clear up "misunderstandings about how the state's cleanup program works."

"We all share a commitment to growing Michigan's economy, but we cannot do that at the expense of our environment or the health of our citizens," Chester said.

About 1,000 homes near the Tittabawassee River are designated for cleanup.

Granholm said she shared concerns about the DEQ's handling of cleanup efforts along the river but added that steps were taken to narrow the scope and number of homes affected by contamination.

She urged lawmakers to pass compromise legislation that would let homeowners present data about their property "without sacrificing necessary protections for public health and the environment."

A Senate Fiscal Agency analysis shows that soil sampling costs $1,000 to $10,000 per site and groundwater tests cost between $6,000 and $80,000.
 

For additional articles like this one, go to the Tittabawassee River Watch web site www.trwnews.net for complete coverage of the Tittabawassee River Dow Chemical dioxin contamination saga. . The Newspaper / Media page of our site contains an extensive archive of media articles dating back to January 2002. The source organization's web site link is listed to the right of the article, visit often for other news in our area. The Newspaper / Media page may be accessed by scrolling down to the bottom of the CONTENTS section and clicking on the Newspaper/Media link.