Tittabawassee River Watch   www.trwnews.net

History of the Polluters Free Ride

12/6/06 HB5872 passes in senate committee.  The bill originally would have required the state to recalculate the criteria based on a report released in July by the National Research Council of the National Academies.

The Michigan Department of Environmental Quality suggested a substitute, which was passed, that included that the Department "may" recalculate cleanup criteria for dioxin based on the new information.

HB 5872 is a modified version of bill HB4617 vetoed by Governor Granholm in the last moments of 2005 to end another sad chapter in this continuing saga.   Former Dow employees, Representative Moolenaar and Senator Goschka, are responsible for introducing legislation that would essentially free Dow Chemical of many of it's responsibilities for the dioxin contamination of mid Michigan.

12/6/06ioxin bill 5872 passes in senate committee

12/5/06 Moolenaar's dioxin bill 5872 up in the Senate

6/22/06 Dioxin bill 5872 passes in House; effect uncertain

6/21/06 Moolenaar's dioxin bill 5872 passed by committee

07/25/06  Politicians Misuse Federal 1000 ppt Dioxin "Action" Level, ATSDR concurs

Lone Tree Council

P.O. 1251, Bay City, Michigan 48706

(Fighting for environmental justice since 1978)

FOR IMMEDIATE RELEASE CONTACT:

GROUPS CALL ON MID-MICHIGAN LEGISLATORS TO LIFT THE SMOKE SCREEN

Misuse of Federal 1000 ppt Dioxin Level Increases Exposure, Benefits Dow

State representatives should stop misusing a federal 'action level' not designed for setting cleanup standards for the highly toxic chemical dioxin, charged several environmental organizations. 

Groups released a letter today from Howard Frumkin, Director of the National Center for Environmental Health (NCEH) and the Agency for Toxic Substances and Disease Registry (ATSDR).  The letter was sent in response to a request from environmental organizations for clarification on the ATSDR number, often referenced by Midland-area legislators seeking to weaken Michigan’s dioxin cleanup number. The letter states in part: "...the concept of an ‘Action Level’ for dioxins in soils has sometimes been misunderstood."  The letter directly comments on the use of the1,000 ppt standard in proposed legislation in Michigan.  It states:

"What many elected officials have attempted to do is absolve Dow Chemical for contaminating an entire region with dangerous levels of dioxin.  Raising the "safe" level to a non-existent federal level is shameful," said Tittabawassee River resident Kathy Henry.  

"This should put an end to the continued misuse of the ATSDR 'Action Level' by Representative Moolenaar and other legislators who have tried to confuse the public," said Michelle Hurd Riddick of the Lone Tree Council.  "This kind of misrepresentation does not serve the public interest.  It just means more delays, more exposure, and more risk for the public while we should be moving forward with a real cleanup that is protective of public health.  We can't legislate this problem away."

Environmental and community groups that have opposed attempts to weaken that state's protective standard for dioxin in soils include the Lone Tree Council, the Ecology Center, the Michigan Environmental Council, Environment Michigan, the Sierra Club, Clean Water Action, and Tittabawassee River Watch.

Documents:

04/23/06  Moolenaar out of control, the ATSDR 1000 ppt is not a cleanup level

Moolenaar's new un-sound science legislation is proposing 1,000 ppt dioxin cleanup levels for Michigan is a standout for all the WRONG reasons.

1. Michigan’s 90 ppt RDCC soil criterion for dioxin is a level that is meant to be protective of public health in properties for unrestricted residential use.
2. The ATSDR 1,000 ppt was based on the detection limits of science available over 20 years ago in the 1980's.  Today, scientific instrumentation is much more sensitive and can measure 10 ppt or less.  The Michigan RDCC of 90 ppt was derived using current technology.
3. The ATSDR 1,000 ppt was calculated based on a 1984 assessment by the Centers for Disease Control that is NOT consistent with the current assessment of dioxin’s cancer hazard.
4. The 1,000 ppt level was NOT derived as a "safe" level. It was thought to be a level that could be associated with health effects. Cleanup levels are traditionally set at levels BELOW those thought to cause health effects. Therefore, it is not accurate to suggest that levels below 1,000 ppt pose no risk.
5. Referring to the ATSDR 1,000 ppt level as a cleanup level is not accurate. The 1,000 ppt level is NOT used by ATSDR for that purpose.
6. The 1,000 ppt level was NOT developed to serve as a standard for cleanup for residential areas
7. The 1,000 ppt level does NOT represent a line between safe and unsafe conditions, although it has been used in that way
8. The EPA has been reviewing dioxin’s toxicity for more than 10 years. Their review has been repeatedly peer-reviewed, but political wrangling and the power of the chemical industry have prevented its release. The draft document concludes that dioxin is more toxic than previously thought 
9. If the EPA reassessment were released, the state’s cleanup standard would be more stringent, not weaker, based on a new interpretation of studies on dioxin’s toxicity. The state standard would be between 12 and 53 ppt.
10. The 1,000 ppt level does NOT consider non-cancer health effects that may occur when people are exposed to dioxin at even lower levels than those associated with cancer. The most sensitive endpoint for dioxin’s toxicity is thought to be neurobehavioral impacts.
11. If the state were to use the 1,000 ppt standard, the issue of dioxin’s toxicity will continue to plague the state. When the Dioxin Reassessment is finalized, the EPA will again look at sites and reassess previous actions to determine if they are protective. So a cleanup to 1,000 ppt today will not guarantee that the issue will go away. It could just keep coming up unless contamination is cleaned up to a reasonable and legitimate standard.

Below are letters of support to NOT change Michigan's 90 ppt dioxin RDCC from the last time Dow's stooges tried to change it in June of 2004.

04/29/06  Petition to stop the 1000 ppt cleanup level off to a great start

The kickoff of our petition drive got off to a great start with almost 100 signatures obtained from various locations around the area.

Click here for the latest Lone Tree / TRW Dioxin Update news letter.

04/14/06 Not a rumor: "HB4617 like" bills are being resubmitted by Dow's legislators

"Once vetoed as a poor protection of public health, the Homeowners Fairness Act is back at the state
Capitol with designs to restrict the state's ability to label any property as contaminated." See related
4/7/06 story below.

Click here for more from the Saginaw News or here from the Midland Daily News

"Moe" Moolenaar       "Larry" Stamas  "Curley" Goschka          

04/07/06 Rumor: "HB4617 like" bills are being resubmitted by Dow's legislators

Click here to read all about similar efforts promoted by the three stooges last year.  Fortunately, Governor Granholm vetoed HB4617.  Men such as these lack the necessary morals, ethics, and concern for the health of Michigan's children to be in office.  So now they want to try again.  What's their motive?  Could it be re-election campaign finance?  To be continued.....

 03/04/06 New video documentary: "Mr. Damore goes to Lansing" chronicles the HB4617 fight

Paul Damore, a Grand Valley State University student and resident of the Tittabawassee River flood plain, has created a short "opinion" documentary that is now being screened in a number of film festivals in the Grand Rapids area.    The film covers Paul's 2005 journey to Lansing in attempt to testify against the now defunct HB4617 which would have given Dow (and other sites/polluters) a free ride to escape responsibility for the extensive dioxin contamination in our backyards.  Click on the link below to view:

                                  http://www.jreedproductions.com/nowplaying.htm

-------------------------------------------------------------------------------------

Radio Ads against HB4617

  Terry Miller, Lone Tree Council

  Michelle Hurd Riddick, Lone Tree Council

Below, is a chronological history of their activities. This is not the end, expect more of the same
from these charlatans in 2006. Remember, this is an election year, please review the voting records
of the state and local politicians on HB4617and vote accordingly, their records are listed below.

On Dec 29, 2005, at 10:20 PM, David Holtz wrote:

The House vote on this bill was politics at its very worse. Lawmakers who knew--or should have known
--better supported not only one of the worse environmental bills in 2005, but one of the most
anti-homebuyer, anti-right-to-know measures in memory. Governor Granholm did taxpayers, home
buyers and all who care about holding corporate polluters accountable for cleaning up their messes
a huge favor with her veto. Those who voted for this horrible measure will have to explain to their
constituents why corporate polluters trumped the public interest.

See the roll call vote below

01/02/06 Post Mortem: Why Governor Granholm vetoed Polluter Free Ride bill HB4617

Anne Woiwode, State Director, Sierra Club Mackinac (Michigan) Chapter wrote:

"Governor Granholm has shot down one of the most outrageous bills to come out of the Legislature in a long time. HB 4617, erroneously labeled by its proponents the Homeowner Protection Act, was vetoed by the Governor on Tuesday (DEQ press release at http://www.michigan.gov/deq/0,1607,7-135--133138--,00.html ). The bill, pushed hard by legislators from the Midland area, became worse as it moved through the Legislature, and would have gutted key portions of both the process and the standards for clean up of contaminated sites all over Michigan, both letting responsible parties off the hook for clean up AND leaving many homeowners unable to get any clean up of their contaminated property. Many communities in Michigan would have immediately seen the effect of this appalling shift of burden from the responsible parties to the victims of pollution.

An analysis of the bill provided below points out some of its worst provisions. Although many of these severe flaws were explained to the Legislature by DEQ officials at least 3 separate times in comments on the bill, they were none the less left in the bill. We can only assume, when such disturbing concerns were repeatedly raised and not addressed that the Legislative leaders and proponents of this package intended to gut Michigan’s environmental clean up law. In the press release from the DEQ, Director Steve Chester explained that the bill “would have serious implications for the state’s cleanup program, and would put property owners, the health of residents, and their environment at risk.”

The scary thing about this is that it appears that the proponents of gutting Michigan’s clean up laws are not going to simply get over the Governor doing the right thing by vetoing this bill. Already, and not surprisingly, Russ Harding, who was by far Michigan’s worst director of environmental programs ever, has weighed in with a broadside attack and a grossly distorted interpretation of the bill ( http://www.mackinac.org/article.aspx?ID=7501 ). Keeping up the myth perpetrated by the folks who clearly are looking to benefit from gutting Michigan’s clean up laws, Harding, now with the Mackinac Center, makes the ludicrous claim that current state law ignores property rights and sound science. As has happened throughout this debate, the proponents of HB 4617 have tried to use verbal slight of hand to distract Legislators and the people in Midland in particular from real goal of this legislative effort: to let Dow and others responsible for contaminating property get out of their responsibility to clean up these messes.

Thanks are due to Governor Granholm and the DEQ for holding firm on a crucial part of the clean up law in Michigan. Please take a moment to let them know you appreciate their stalwart defense of common sense and REAL science -- and while you’re at it, find out how your legislators voted (for House votes go to http://www.michiganvotes.org/RollCall.aspx?ID=168296 , for Senate votes go to

(Analysis drawn from DEQ materials)

	Public Health Weakens cleanup requirements that protect Michigan’s families from contaminated soil and contamination of the food chain. By wasting dollars on unnecessary testing, the legislation will mean less cleanup putting more citizens at risk from contamination. Our families deserve to have information on contamination that affects their lives. This bill would restrict that information flow and leave citizens unaware of contamination and how to reduce risks.
	Environment The bill would endanger our state’s great resources by preventing the DEQ from stopping contamination polluting our lakes and streams. The priority for any cleanup project must be placed on protecting our environment, and our citizens. This legislation simply creates opportunities for polluters to avoid and delay cleaning up contamination, putting our environment at an even greater risk.
	Economy This legislation would waste countless dollars on unnecessary testing, disputes, and delays. This takes away from money that could go towards clean-up and redevelopment of a contaminated property for productive use. Supporters of this legislation say that the stigma of a label hurts the economy. They are wrong. It is the contamination itself that hurts our economy, and we must retain the tools to clean up that contamination quickly and efficiently in order to move our economy forward.

Anne Woiwode, State Director
Sierra Club Mackinac (Michigan) Chapter
109 E. Grand River Avenue, Lansing, MI 48906
517-484-2372 fax 517-484-3108

Enjoy, Explore and Protect -  www.michigan.sierraclub.org  "

01/02/06 Post Mortem: Why HB4617 guts environmental laws

The language of HB4617 intentionally left out key references to MDEQ Administrative Rules for Part 201, Environmental Remediation, of the Natural Resources and Environmental protection At, 1994.  Click here to view a copy of the rules as posted on MDEQ website 1/2/06.

Section 20120a(8) lists the rules (exposure/transport pathways) that have to be considered in a generic residential cleanup.  The omission of the rules for soil direct contact, sediment cleanup, groundwater contact, and groundwater-surface water contact would prevent the DEQ from considering any of  these criteria for generic residential cleanups.  The pertinent rules are 299.5720, 299.5730, 299.5712, and 299.5716, respectively.  In addition, the omission of R 299.5728 could mean that we would be unable to require response activity to address other risks (such as food chain contamination) that are not ordinarily factored into generic cleanup criteria.  R299.5728 is designed to be called on  when necessary to assure that special circumstances, not considered in development of generic criteria, be addressed as part of a remedial action that poses some additional risk.

12/27/05 Governor Granholm veto's Polluter Free Ride bill HB4617

Lone Tree Council /  TRW

12/27/05 Detroit Free Press supports veto of Polluter Free Ride bill HB4617

Click here for today's editorial

12/15/05 Over 100,000 people support veto of  Polluter Free Ride bill HB4617

Press Release issued by 22 groups representing over 100,000 people from around the state

12/09/05 Governor Granholm to veto Polluter Free Ride bill HB4617?

Local news  quotes Governor Granholm stating she will veto HB4617:

"This bill is not acceptable," she said. "They've got to go back to the drawing board. It doesn't achieve the balance we need for protecting the health of citizens and creating cost-efficient cleanup."

To Governor Granholm:

On behalf of the hundreds of residents represented by the Tittabawassee River Watch (TRW) we want to thank you and encourage you to stay the course on your plans to veto HB 4617 ( S3). Our concern is not with the “facility” designation. Our concern rests with dioxin contamination along the river which caused us to be facility. It is the dioxin that is a problem.

Efforts to detract from the real issue of contamination as well as efforts to malign the DEQ serve the political agenda of Dow Chemical and the City of Midland who have shown little regard for public health or the natural resources of the watershed we all call home.

Our properties will be made whole and the value restored to property and quality of life only if we move forward with cleanup on this contamination. HB 4617 will create confusion and delays.

Yes, we do care about our property values and homeowner fairness. Our properties are impacted by the presence of the dioxin, as is our daily perspective on living in homes and yards surrounded by contamination. There is nothing fair about Dow’s chemical trespass onto our yards.

Again, on behalf of the Tittabawassee River Watch let us extend our appreciation to you for your veto of this legislation.

TRW

12/13/05 Fair and balanced reporting?

Other than for the headline, today's local news coverage of Granholms possible veto of HB4617, the story is entirely one sided with no input from the homeowners and the rest of the state that want the bill vetoed.   Recently (12/8, see story below), the local newspaper published an article about toxins in the Great Lakes and edited out a key paragraph about the human health effects of dioxin and other compounds.  This pattern was repeated on a local radio station which aired two interviews this morning.  The first segment was with an individual from Midland representing those few which favor Dow Chemical, the second was with Lone Tree Councils Terry Miller, representing the rest of us. The radio host was all warm and gushy with the Dow guy and virtually attacked Terry.  Click on the links below to listen to the Lone Tree radio broadcasts:

The Midland/Dow group started running their radio spots yesterday and plan on running full page ads in the Saginaw and Lansing papers promoting the Polluter Free Ride bill.   The Lone Tree Council paid for  two expensive radio ads that ran this week against H4617.  Who is bankrolling the Midland Matters group for it's ads?  Dow?  Chamber of Commerce? Why does a tiny group of  individuals in Midland want to weaken our Michigan's environmental cleanup laws?  It's pretty obvious someone is calling in all it's favors and orchestrating the PR blitz.    Maybe the news media ought to try a little investigative reporting.

Governor Granholm:  Stay the course and veto HB4617. 

12/09/05 Lone Tree/TRW Dioxin Update

12/08/05 Saginaw County Chamber of Commerce Exposed.

12/08/05 Lone Tree/TRW Dioxin Update

Excerpts from this issue:

12/07/05 Lone Tree Radio Announcements,  HB4617 passed by Senate

Lone Tree Council radio ads are being played on a local radio stations  WGER and WSGW.  If you missed them,  click on the links below.  The announcements tell the truth about Polluters  Free Ride legislation SB390 and HB4617 passed today. The bills re-write Michigan's environmental laws to benefit Dow Chemical & other corporate polluters at the expense of every person living in Michigan. Now EVERYONE IN MICHIGAN must pay for Dows dirty deeds.

The bill include language to the effect that the "Department" (MDEQ?) will reimburse  the polluter if a test sample if negative.  The "Department"? They really mean YOU, the taxpayer. Click here to review the bill.

Dioxin moves through the soils of the flood plain every year after a flood, samples from the same yard may return test results of less than 90 ppt in one spot and over 5000 ppt a few feet  away.  Who determines  where and how much sampling is performed?  

Though the bill passed, it is NOT veto proof, please call Governor Granhlom and let tell her to veto HB4617.   She can be reached at 517-373-3400.  For the fence sitters out there, it's your last chance.

The ads where bought and paid for by the Lone Tree Council.   TRW stands behind every word. 

12/01/05 Lone Tree/TRW Dioxin Update

Excerpts from this issue:

Click here to view the entire update

11/16/05 Lone Tree/TRW Dioxin Update

Excerpts from this issue:

Click here to view the entire update

11/11/05 Goschka admits HB4617 bill will delay cleanup

Click here for details from the Saginaw News


11/10/05 Five Commissioners tell Senate to reject HB4617 and SB309

11/06/05 Saginaw County Commissioners pass "Polluters Free Ride"  resolution

On October 25, 2005  10 out of the 15 Saginaw County Board Commissioners passed a resolution supporting HB4617 which intends to release of Dow Chemical for any responsibility for the dioxin contamination of the Saginaw Valley watershed.

11/03/05 Lone Tree/TRW Dioxin Update

Excerpts from this issue:

Click here to view the entire update

7/21/05  MDEQ mails residents Revised Supplemental Advisory

 Frequently asked questions for owners of property affected by migrating dioxin contamination.

The MDEQ mailed a 4 page newsletter to local residents addressing it's new 'Facility' language contained in a "Revised Advisory".  The revision clarifies language used in the original "Supplemental Advisory Regarding Part 201 Requirements Applicable to Property Contaminated by Dioxin" published in June of 2003.

The newsletter also answers 8 Frequently Asked Questions

Click here to view the Revised Advisory newsletter (large 6 mb pdf).  An additional document, "Facility Status under Part 201number 09-009" published July 15, 2005 is available, click here.

Click on image to the left to view a few excerpts from the newsletter clarifying a facility.

7/19/05  MDEQ clarifies 'Facility" designation

Soil sampling may not be required to designate a property a 'facility'.

As reported in the Midland Daily News:

..."A subtle change to Michigan Department of Environmental Quality policy more clearly defines the term and applies it only to those properties -- 103 in Midland and about 400 in the Tittabawassee River floodplain -- that have been deemed "Priority 1" areas and are undergoing interim remediation activities." ..."Those that already are identified as contaminated and are a part of cleanup plans are included. For others, testing must have confirmed contamination or enough data must exist to make a reasonable inference about the extent of contamination"..."The DEQ argued at House hearings on Moolenaar's bill that the proposal could slow the pace and increase the cost of cleanup statewide, and could limit possibilities of state and local financial incentives for redevelopment of brownfield sites. It also could release polluters from cleanup duties and expense, shifting the responsibility to property owners -- qualification as a facility is a prerequisite for landowners to receive relief"..."The DEQ plans to introduce the clarification to communities at upcoming town hall-style meetings tentatively scheduled for Aug. 17, 24 and 27. Locations have not been confirmed."
Click here for the actual language of the new Part 201 rules.

TRW note: the MDN article infers that a property owner must be classified as a 'facility' before they must disclose suspected dioxin contamination.  This is not true, Michigan Real-Estate Seller disclosure requires a seller to disclose even if they only suspect the property may be contaminated.

Click here for the Michigan Seller Disclosure form and check out item 10:
"Environmental Problems: Are you aware of any substances, materials, or products that may be an
environmental hazard such as, but not limited to, asbestos, radon gas, formaldehyde, lead-based paint, fuel or chemical storage tanks and contaminated soil on the property?"

7/13/05 State & Federal agencies confirm bodies, homes, & properties contaminated

7/08/05 The ATSDR and MDCH released their ATSDR & MDCH Health Consultation: Exposure Investigation Report: A Pilot Exposure Investigation: Dioxin Exposure in Adults Living in the Tittabawassee River Flood Plain, Saginaw County, Michigan EPA FACILITY ID: MID980994354

6/29/05   Michigan House of "Shame" passes  Polluter Free Ride Ticket (bill 4617)

Only 29 Michigan state representatives voted today against a Dow Chemical Company-backed bill to conceal awareness of widespread dioxin contamination in the Saginaw River watershed.

Approved 77-29, the bill would require the state specifically to test any one of the thousands of property units in a large area like the downstream stretches of the Saginaw River before declaring it contaminated. The goal is to prevent DEQ from publicizing the truth about such gross contamination by tying it up in prohibitively expensive testing. This would also prevent prospective land buyers from knowing when they purchase contaminated parcels.

The 77 votes are a veto-proof margin, should the Governor choose to deep-six the bill.
The 29 "good" votes were cast by:

Stephen Adamini of Marquette, Glenn Anderson of Westland, Kathy Angerer of Dundee, Doug Bennett of Muskegon, Steven Bieda of Warren, Pam Byrnes of Dexter, Dianne Byrum of Onondaga, Brenda Clack of Flint, Paul Condino of Southfield, Marie Donigan of Royal Oak, Matt Gillard of Alpena, Lee Gonzales of Flint, Hoon-Yung Hopgood of Taylor, Herb Kehrl of Monroe, Chris Kolb of Ann Arbor, Kathleen Law of Gibralter, Lamar Lemmons Jr. of Detroit, Alexander Lipsey of Kalamazoo, Gary McDowell of Rudyard, Andy Meisner of Ferndale, Fred Miller of Mount Clemens, Clarence Phillips of Pontiac, Gino Polidori of Dearborn, Alma Wheeler Smith of Ypsilanti, Steve Tobocman of Detroit, Mary Waters of Detroit, Gretchen Whitmer of East Lansing, Carl Williams of Saginaw and Paula Zelenko of Burton.

Four representatives didn't vote:
Republican Jack Brandenburg of Harrison Township and Democrats Marsha Cheeks, Morris Hood III and Lamar Lemmons III, all of Detroit.

The rest have cast their lot with polluters.

---Even if the bill should pass in the Senate,  Michigan real-estate disclosure form requires the the seller to answer the following question:  "Are you aware of any substances, materials, or products that may be an environmental hazard such as, but not limited to, asbestos, radon gas, formaldehyde, lead-based paint, fuel or chemical storage tanks and contaminated soil on the property?"  Be very careful how you answer this question.

--All of the jokers voting to pass this bill where aware of the following and made the decision to vote against the citizens of Michigan anyways: 

For details, click here.
 

5/24/05  Residents not allowed to speak at HB 4617 Facility "hearing"

The majority of residents showing up at today's hearing in Lansing were not allowed to speak. With the exception of the MDEQ,  Dow supporters were allowed by the committee to monopolized the entire 90 minute session.  

The following is a copy of the letter our representative intended to read to the committee (copies emailed to all):

Committee members:
Leon Drolet (R), Committee Chair, 33rd District
Jacob Hoogendyk (R), Majority Vice-Chair, 61st District
Robert Gosselin (R), 41st District
John Garfield (R), 45th District
Fulton Sheen (R), 88th District
Steve Tobocman (D), Minority Vice-Chair, 12th District
Alexander Lipsey (D), 60th District
LaMar Lemmons III (D), 3rd District

---

Michigan House Government Operations Committee
May 24th 2005

Dear Chairman Drolet and members of the committee:

I am here today on behalf of many of my neighbors living in the contaminated floodplain of the Tittabawassee River in Saginaw County.

We oppose HB 4617 and the removal of the “facility designation” label for residential properties contaminated with toxic compounds.

In our situation, our yards and homes are contaminated with dioxin, often referred to as "the most toxic substance ever known". It has been proven that Dow Chemical in Midland is the responsible party for this extensive contamination. Levels of dioxin of up to 7200 parts per trillion have been found in the flood plain of the Tittabawassee River, where safe residential contact by the state has been set at 90 ppt. It is our contention that this legislation is being done for the benefit of Dow Chemical and residents in Midland, who care little or nothing about the contamination of the down river communities.

The facility designation in this instance, defines a geographic area which under Dow’s license is subject to interim response, remedial investigation and cleanup. We believe HB 4617 is designed to make it difficult for the State of Michigan to: 1. enforce Dow Chemical's license 2. Access property 3. Protect public health and resources 4. Delay cleanup.

In addition, it buys into ever increasing efforts to blur and confuse the issue thereby creating additional delays.

While we understand the impact of facility designation on property values, it is our belief that the real impact comes from the presence of Dow’s dioxin contaminating our property, parks and communities. We are much more concerned about the dioxin on our property and in our community then we are about being labeled a facility. This is compounded by the failure, year after year, of the state to deal with this issue in a timely manner. This issue has become more about politics than about science and public health protection.

We do not oppose the use of facility designation because this label will ultimately be instrumental in restoring our yards to a safe environment. Soil sampling by the Michigan Department of Environmental Quality (DEQ) has demonstrated consistent and pervasive high levels of dioxin the entire length of the Tittabawassee River and floodplain. The dynamic movement of this river and its frequent flooding constantly deposits contaminated sediments from the river, its banks and people’s yards to new locations. Therefore, is it really necessary that every single property be tested to confirm that it is contaminated? The DEQ has collected data from three rounds of sampling, and though more is needed, we are confident in their ( DEQ) assessment that frequently flooded areas of the floodplain are contaminated and warrant being a facility subject to corrective action in accordance with the laws of Michigan and Dow’s license.

The floodplain we call home is so contaminated that the Michigan Department of Community Health, MDEQ, MDNR , Michigan Department of Agriculture and most recently the Agency for Toxic Substances and Disease Registry issued a consumption advisory for wild game along the Tittabawassee River and floodplain. This is only the second such advisory in the state’s history. Dow’s dioxin is hurting our property values, economic development, tourism and ability to raise our families in a safe environment. You need to know indoor sampling has found dioxin in excess of 90ppt in the house dust of our family rooms and living spaces.

The facility designation is appropriate because it would require Dow Chemical to take actions along the entire river to mitigate exposure to their dioxin and to eventually give us back the unrestricted use of our property and our homes.

Dioxin moves freely along this dynamic river system. Without the facility status for this area, contaminated soils will be transported and re-distributed over and over along the river. After last years flooding event depositional sampling showed areas contaminated anywhere from 500 to 2,000ppt; some in the parks some samples were in parking lots. This legislation does nothing to assist in getting a handle on cleanup let alone interim response activities.

HB 4617 is an attempt to give Dow Chemical what they could not achieve in the 2002 consent order where they would have no responsibility for their contamination down river. You need to know that Dow signed their corrective action license in June of 2003. Dow did not contest the license or the use of the “facility” designation and neither did Mr. Moolenaar. Why now? Why two years later?

Representative Moolenaar has a history of doing Dow’s bidding. Last year, commensurate with their license Dow was to begin soil sampling for dioxin in Midland. Something Dow did not want to do, nor did the City Fathers of Midland. A huge town hall meeting attacking the DEQ was orchestrated by economic groups in Midland. Representative Moolenaar accused the DEQ of being out of control but we believe the DEQ is doing its job and enforcing the law. Last year in an attempt to stop the testing in Midland, Mr. Moolenaar threatened to eliminate the hazardous waste division of the DEQ, gut their budget, stop all dioxin testing in the state and raise the standard from 90 ppt to 1,000ppt. Worth noting is that there are no residential areas in Midland that are known to exceed 1000ppt. HB 4617 is “designer” legislation intended to make the dioxin contamination go away with the sweep of a pen. This legislative detoxification is an injustice to every living thing in the watershed and disrespectful to the hard working homeowners whose lives have been turned upside down by Dow Chemical.

How did Dow Chemicals' contamination of a watershed get twisted into being the fault of the DEQ for enforcing laws already in existence to protect the environment and hold the responsibility party accountable?

The facility label is not an unfair label to property owners. If anything, this committee should be holding hearings on how Dow should be cleaning up their contamination, not on how to try and legislate the problem away. Our entire river community is contaminated with Dow’s dioxin, we have all kinds of restrictions on the use of our property, not because of the facility designation but because it’s contaminated. The presences of dioxin on our property constitute a “takings” by Dow. We cannot use our properties as we choose or intended at the time of purchase.

In closing it is our contention that:

· This bill jeopardizes public health by encouraging the sale of contaminated property to unknowing buyers. This is not ethical or moral

· This bill prevents the MDEQ from protecting public health by prohibiting access to properties

· This bill violates the Michigan Constitution Article IV sec. 52 that requires you, the legislature to protect the natural resources of “ this state from pollution impairment and destruction”

· The only way to protect property rights in Michigan is to require the responsible party to cleanup contamination.

· There should be no special rules for dioxin as defined in this bill. ( page 18 line 25 and page 24 line 19)

· This legislation will increase the cost of the testing. Blur the lines of cleanup and further delay resolution of this dioxin contamination of Michigan’s largest watershed.

· The use of an exposure investigation (page 19 lines 1) further treats dioxin differently. We do not rely on exposure investigations to protect children from mercury, lead or arsenic. Why would you do this for dioxin?

· This “ designer legislation” with all its trappings lays the blame for devalued property on the phrase” facility designation” when the real culprit is dioxin.

Thank you for the opportunity to speak to you today. We would also like to extend an invitation to any of you to come visit our yards and our homes.

Gary Henry
Kathy Henry
John Taylor
Gloria Taylor
Amy Taylor
Jim Brasseur
Joy Brasseur
Marcia Woodman
Vito Damore
Betty Damore
Paul Damore
Richard Stimpson
Marti Stimpson
Greg Whitney
Mary Whitney
Shaun Whitney
Howard Steinmetz
Barb Steinmetz
Bill Hard
Jan Hard
Roz Berlin
Carol Chisholm
Russell Kubik
Laura Burtt
Kim Ortman

5/24/05  Bill would peel the contaminated "facility" label from hundreds of properties

5/24/05 House BIll 4617  along the Tittabawassee River will get a hearing before a House committee this week.

01/17/05  Moolenaar and Stamas introduce bill to give Dow free ride

05/27/04  Moolenaar and Stamas to gut Michigan Environmental laws.

On May 27, 2004, a group of Michigan Republican Lawmakers from Midland (Stamas & Moolenaar) filed  2 bills in the Michigan Legislature to raise the States dioxin Residential Direct Contact Criteria (RDCC) to over 11 times the current standard, from 90 ppt to 1000 ppt.  In our opinion, this is a attempt to relieve Dow Chemical of it's clean up responsibilities under it's current operating license.    These individuals have shown their true colors: their allegiance to Dow Chemical company overrides their concern for public safety in City of Midland,   Tittabawassee River flood plain, the State of Michigan, and the United States of America.  A poll found 90%  of Michigan voters support a comprehensive policy to phase out persistent toxic chemicals (like dioxin).  Yet these "representatives" advance the cause of Dow over their citizens.  If passed, these bills may set a precedent that could affect dioxin standards across the entire United States.  Now is the time for concerned citizens from around the country to get involved in this debacle unless you want Dow Chemical interfering in your backyard. 

Update June 2004: Dow and it's hired Michigan State Republican legislators are hijacking the States regulatory system. 

Update 2002: Dow and former Engler administration MDEQ