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Citizen’s Suit – Affidavit in Support of Motion to Intervene

Published May 17, 2011 | By dave

DISTRICT COURT OF THE VIRGIN ISLANDS

DIVISION OF ST. THOMAS AND ST. JOHN

UNITED STATES OF AMERICA,

Plaintiff

CIVIL No.   1984-104

GOVERNMENT of the    VIRGIN ISLANDS

Defendant

 

AFFIDAVIT IN SUPPORT OF MOTION TO INTERVENE

Now comes Susan K. Wolterbeek, Pro Se, being duly sworn, and hereby states as follows:

VIWMA’s REPORTS REVEAL 77 DAYS OF RAW SEWAGE BYPASSES SINCE 3/18/10

I moved to St. Thomas in part out of deep affection for and commitment to Coral

and Hawksbill and Green Sea Turtles, endangered and threatened species living in the coastal

waters directly surrounding the US Virgin Islands. I snorkel and swim in USVI

territorial waters.

Pursuant to the Freedom of Information Act (FOIA), on March 28, 2011, I requested of

the EPA the start dates, stop dates and rate of flow for all raw sewage bypasses in the USVI

from 1/1/10 until the present. [Exhibit 14].  The EPA furnished 186 Non-Compliance Reports,

150 of which were issued since the 3/18/10 Court Order. A Summary of these reports is at

Exhibit 2.

These Non-Compliance Reports as a whole are available to the Court, should the Court

wish to review them. A few individual Non-Compliance Reports are at Exhibits 15-18,

and 23-25.

The total days of  raw sewage bypasses between 3/18/10 and 3/23/11 reported by

VIWMA exceeds 77 days. Even so, based upon the reports themselves and newspaper articles,

[Exhibits 3-5] there were at least 6 additional days of bypassing raw sewage, and this number is

likely to be significantly higher, as several of the reports do not give stop dates, and some reports

are missing entirely.

On August 30, 2010 NaNa Gut had an “Ongoing “ bypass, [Exhibit 17] as did

Weymouth Rhymer Pump Station on 1/4/11 [Exhibit 18]. Many pump stations were not

working during Hurricane Earl, and state “n/a”, instead of a stop date. [Exhibit 2]. All of

these “Ongoing” and “n/a”  bypasses were counted by me as only one day each, thus the actual

count of raw sewage bypass days may be significantly higher.

VIWMA DID NOT FILE ANY NON-COMPLIANCE REPORTS FOR A MAJOR BYPASS

On 4/28/10, the VI Daily News reported that VIWMA started pumping raw sewage over

Long Reef on Saturday, April 24, 2010, and that the bypassing was expected to continue for the

next five days, while a 4/29/10 report stated the dumping had ceased on 4/27. [Exhibit 3].

This major bypass was not included in the 186 Non-Compliance Reports of 1/1/10-3/23/11

furnished by the EPA. Assuming the EPA gave me all of the Non-Compliance Reports which

VIWMA prepared, then there are no Non-Compliance Reports for a major bypass, in clear

violation of the TPDES Permit and the Clean Water Act.

VIWMA HAS REFUSED TO GIVE REQUIRED PUBLIC NOTICE OF SEWAGE BYPASSES

I have reviewed the Avis and VI Daily News publications, and VIWMA did not give

notice of raw sewage bypasses in these publications according to the TPDES Permit or

3/18/10 Court Order. For example, although there were bypasses at LBJ for at least

4/24/10-4/27/10, at a critical time, during Ironman Triathlon practice swims and just before the

5/2/10 Ironman Race itself, Public Notices were not published every day, and apparently the

beaches were not posted either. There were newspaper articles written, on 4/28 and 4/29, after

the fact, but no public notices in the papers during the dumping of raw sewage. This event was

was barely a month after last year’s Court Order of 3/18/10 directing VIWMA to give Public

Notices as mandated in the TPDES Permit.

From January 27 through February 9, 2011, VIWMA conducted a 13 day, 11.5 hour raw

sewage bypass at LBJ for a new force main. This major planned  bypass should have been

therefore reported in public notices, every day, from January 26, 2011 the day before the bypass

was to commence, through February 10, 2011, the day after the bypass was completed. Instead,

there was a newspaper article in the  VI Daily News on 2/5/11, and one Public Notice in the Avis

on 2/9/11. [Exhibits 19-20].

VIWMA submitted a Non-Compliance Report for January 4, 2011, stating Weymouth

Rhymer station in St. Thomas was having an “Ongoing” bypass, [Exhibit 18] but nothing was

reported in the VI Daily News on January 4th or January 5th, 2011.  Similarly, there were 13 Non-

Compliance Reports for 13 different areas and pump stations on 8/30-8/31, including an

“Ongoing” bypass in NaNa Gut, [Exhibits 2, 17] yet there were no Public Notices in the VI

Daily News for those dates.

There were 2 different bypasses from 2/24/11 to 3/2/11, one broken force main adjacent to

Hovensa, of 6 days 6 hours, and one Figtree broken force main of  5 days 22 hours [Exhibits 23-

24] . Notice was published in the Avis from February 27-March 4 for the Hovensa force main

break, [Exhibit 21] but the notice was run without spacing, in a single column at the end of the

classified ads, not a boxed notice such as the notice of Exhibit 20, which made it difficult to read

and easy to overlook.

During this past month, April – May, 2011, LBJ has been bypassing since sometime in

April. Again, this dumping of raw sewage occurred during the practice swims or even during the

Ironman Triathlon Race itself. VIWMA published identical Public Notices on April 27-29, in the

VI Daily News, [Exhibit 4] but the notices do not give start or stop dates, and VI Daily News

May 4, 2011 newspaper article states that the impacted line “currently is causing an overflow of

sewage in the area”  [Exhibit 5], indicating that the discharge was still ongoing as of May 4,

2011. (If so, the Ironman Triathletes were downstream of LBJ, while LBJ was bypassing raw

sewage during their 1.5 mile swimming race at Christiansted Harbor on May 1, 2011.)

Therefore, the public has no idea when the dumping of raw sewage has started or stopped,

or if it is still continuing today. That same article states that Figtree was bypassing raw

sewage into Cane Garden Bay on May 3, 2011. Indeed, AUSA Frankel cited a May 10, 2011

Non-Compliance Report showing a bypass, which was not reported in the VI Daily News.

When I questioned the Media Relations Coordinator of DPNR about the lack of posting

warning signs on beaches, he confirmed that DPNR does not enforce that requirement, and the

excuse for violating Court Orders was that the hotels don’t like the warning signs. When asked

for the rationale of not posting on non-hotel beaches either, the response was that such posting

would not be fair. Clearly, public safety is not the priority, or following Court Orders.

VIWMA VIOLATED THE 3/18/10 COURT ORDER ON FIGTREE PUMP STATION

On 3/18/10, this Honorable Court ordered that VIWMA keep operational the Flygt house

pump  borrowed from LBJ Pump Station and installed at Figtree in March, 2010. Further,

VIWMA was ordered to get another house pump for Figtree by 3/23/10, and that both pumps

were to be properly maintained and kept operational.

Despite these very specific court orders, according to the 4/11/11 Declaration of Pedro

Modesto, of the EPA, as of March 16, 2011, a year after the Court Order, only the one Flygt

house pump borrowed from LBJ is working at Figtree. The EPA’s Final Submission states that

the 8” Thompson Diesel Back-Up Pump being used at Figtree is “still not able to pump the entire

flow coming into the station.” This statement implies that a partial bypass may be occurring now.

VIWMA VIOLATED THE COURT ORDER ON CANCRYN PUMP STATION

The Cancryn Station pumps 2.5 million gallons of sewage per day in St. Thomas. The

3/18/10 Order specified that VIWMA maintain the 10-inch pump allegedly in operation at that

time, and that VIWMA further certify that the Cancryn pump station have both a six-inch and a

four-inch auxiliary diesel back-up pumps in working order.

VIWMA submitted its certification to the Court on March 23, 2010.  However, in a VI

Daily News article of April 16, 2010, several weeks later, May Adams Cornwall, the Executive

Director of VIWMA is quoted, stating:

“St. Thomas’ Cancryn pump station – the island’s main station-A has been without a

working pump for close to nine months, Cornwall said. A contractor is diverting flow

around  Cancryn to another station while cleaning takes place. The station should be

back up  and running by the end of April, Cornwall said.”

[Exhibit 22].

Further, VIWMA represented during the March 2010 hearing that it would completely

upgrade Cancryn Station using EPA or Dept. of the Interior (DOI) funds. Regardless, on March

16, 2011, a year later, VIWMA admitted to the EPA that it has not begun to upgrade the station,

replacing or repairing pumps and valves, according to the EPA Submission of April 11, 2011.

VIWMA VIOLATED THE COURT ORDER ON AUXILIARY PUMPS

The 3/18/10 Court Order also specifies that 2 auxiliary diesel pumps shall be operational on

St. Croix, by March 26, 2010 (and remain operational). VIWMA avers that the Figtree Diesel

Pump, the LBJ Diesel Pump, and the 6″ Thompson pump used to pump waste over Long Reef

were all operational. In contrast, according to the 4/11/11 Declaration of Pedro Modesto, of the

EPA, these pumps have only been intermittently operational since the Emergency Hearing.

VIWMA reported in early September, 2010, that all three of these backup pumps were non-

operational, and in October, 2010 two of these pumps were not operational. These pump failures

appear to coincide with 8 days of raw sewage bypasses commencing on 9/1/10, as shown by the

Summary of Non-Compliance Reports, Exhibit 2.

THE EPA IS WITHHOLDING FROM THE PUBLIC THE QUANTITY OF RAW SEWAGE BYPASSED INTO COASTAL WATERS

Pursuant to Section 184-26(a)(3) of the TPDES Permit, any information obtained pursuant

to any monitoring, records, reporting or sampling shall be available to the public. The Permit

further specifies: “(b) Claims of confidentiality for the following information will be denied:…

(2) …effluent data.”   33 U.S.C. § 1318 (b) of the Clean Water Act also states specifically that

effluent data shall be available to the public.

Since the Non-Compliance Reports were incomplete, I renewed my FOIA request to the

EPA several times, urging the EPA to furnish to me the start and stop dates and rate of flow for

all raw sewage bypasses, so that I could fully present this evidence to the Court. [Exhibits 8-12].

The EPA has not supplied any further information beyond the Non-Compliance Reports

previously furnished, even though the EPA was to furnish this data on or before 4/18/11.

Further, it appears from remarks by EPA personnel and the reports themselves that the

EPA redacted the flow quantity from the Non-Compliance Reports before furnishing them to me.

Neither the EPA attorneys nor the FOIA Officer for Region 2 with whom I have consulted have

claimed this information is privileged, or given any reason or excuse for failing to comply with 5

U.S. Code §552.

THE EPA GROSSLY UNDERSTATED RAW SEWAGE BYPASSES TO THE COURT

Although I have beseeched the EPA repeatedly to do so, the  EPA will not even alert the

Court to the massive raw sewage bypasses which have occurred since the 3/18/10 Court Order.

[Exhibits 10-12]  Indeed, the EPA’s submission of April 11, 2011 grossly understates these

bypasses.

The EPA does not tell the Court Figtree had bypasses in February and March, 2011 of 5

Days  22 hours and one (by Hovensa) of 6 Days 6 Hours. The EPA mentions a Barren Spot

bypass of 3 days, while the bypass of 3/13/11 – 3/23/11 was actually for 10 days.  Barren Spot

had 18 days 18 hours 30 min. of bypasses, from 3/18/10-3/28/11 in addition to however long

Barren Spot was bypassing during Hurricane Earl.

The EPA mentions some small bypasses by Mon Bijou and Campo Rico pump stations, but

left out a 4/10/2010-4/13/2010 3 day bypass at Mt.Bijou. Other Pump Station Bypasses not

mentioned by the EPA: Lagoon Street PS 3 days 22 hours,  Humbug II PS 5 Days 3 ½ Hours,

NaNa Gut PS 3 Days 6 Hours. Weymouth Rhymer PS and NaNa Gut had bypasses listed as

ONGOING, without any further information, and throughout the territory many pump stations

were out during Hurricane Earl, commencing 8/30/10, without mandatory stop dates. [Exhibits

1,2, 17, 18].

The agency failed to report the major bypasses of LBJ Pump Station. Since Figtree has

LBJ’s Flygt pump and Barren Spot has LBJ’s Back-up pump, it is no surprise that LBJ has had

bypasses from 4/24/10-4/27/10, 9/8/10-9/11/10 and 1/27/11-2/9/11, over 19 days of dumping

raw sewage over Long Reef, in addition to the bypass occurring during April-May 2011,

or still Ongoing, as mentioned above [Exhibits 1-5, 19-20].

I declare under penalty of perjury that, based on information personally known to me,

information provided to me by persons at the EPA, DPNR and VIWMA, and my review of

newspaper articles pertaining to this matter, the foregoing is true and correct to the best of my

information and belief.

Respectfully submitted,

_______________________

Susan K. Wolterbeek, Pro Se

PO Box 306658

St. Thomas, VI 00803

(340) 714-2233

susan@GreenerVI.org

Territory of the US Virgin Islands

District of St. Thomas and St. John

 

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This is What the Citizen’s Lawsuit is About

Published May 17, 2011 | By dave

Citizen’s Lawsuit against the EPA and VIWMA, Exhibit 2

1/1/2010-3/23/2011 VIWMA Non-Compliance Reports concerning raw sewage

1/4/2010 VI Resource Center sewage into street paper and debris in line          2 Hours

1/7/2010  Chicken Fry 102 Contant overflow rocks and debris in line               1 Hour

1/11/2010 Campo Rico PS Vent line clogged sewage overflowed                      3 Hours 30 min.

1/12/2010 56 Prindsens Gade sewage into street /rocks and debris                     1 Hour 30 min.

1/11/2010 296A Hospital Ground sewage into street rocks and debris                1 Hour

1/14/2010 St. Croix Renaissance Manhole overflow                                           1 Hour 40 min.

1/15/2010 Mon Bijou PS pump motor malfunction causing overflow          5 hours

1/17/2010  Fig Tree PS house pump failed                                                       5 Hours 30 min.

1/19/2010 Seventh Day Gut sewage overflow/ sand and debris                           1 Hour

1/19/2010 Market Square sewage overflow into street /grease and debris           1 Hour

1/19/2010 Estate Thomas 14QL sewage into street/ grease rocks, stones            2 Hours

1/21/2010 Fig Tree PS  suction house air locked preventing back-up system  1 Hour 30 min.

1/21/2010 Over the Bridge Bar  Excessive Grease and Debris in Line                1 Hour

1/22/2010 Fig Tree PS suction hose defective                                                      5 Hours

1/24/2010 Fig Tree PS Backup Diesel pump air locked                                      1 Hour 30 min.

1/25/2010 17 ABC Prindsens Gade  Excessive rocks and debris in line              1 Hour 30 min.

1/30/2010 Barren Spot PS Pump coupling broke                                             2 Hours 10 min.

2/1/2010 Humbug 1 PS  Pump was air locked                                                  30 minutes

2/4/2010 ED Plumbing Manhole overflow excessive rocks, debris in line          1 Hour 30 min.

2/4/2010-2/5/2010 149 Hospital Ground/grease, debris     says 15 hrs. actually 17 Hours

2/4/2010 146-100 Anna’s Retreat Manhole overflow/excess sand and debris     1 Hour

2/4/2010 Windward Passage Manhole overflow excess rocks and debris           1 Hour

2/5/2010-2/6/2010 15 Crown Bay fill grease, debris says 17 hours, actually     20 Hours

2/7/2010 Kirwan Terrace Lindbergh Bay excess grease and rocks                     1 Hour 30 min.

2/7/2010 Frenchtown McDonald’s manhole overflow grease and debris            2 Hours

2/4/2010 ONGOING LBJ PS  Figtree pumps sent off island substit. LBJ diesel Ongoing

“Pumping over the Reef”

2/10/2010-ONGOING   Barren Spot PS pump failure Ongoing

2/16/2010 Dept. of Labor 2353 Kronprindsens Gade Manhole overflow           5 Hours

2/16/2010 Frenchtown McDonald’s Manhole overflow grease and debris         1 Hour

2/17/2010 Frenchtown McDonald’s Manhole overflow grease and debris         2 Hours

2/17/2010 55 Dronningens Gade Manhole overflow/grease and debris              2 Hours

2/17/2010 2nd Street Estate Thomas Manhole overflow grease and debris         1 Hour 30 min.

2/18/2010 Market Square Manhole overflow grease and debris                         2 Hours

2/18/2010-2/19/2010 Crown Bay Bldg17/Texas Pit/grease, debris                    21 Hours

2/20/2010 14QL Estate Thomas Manhole overflow/dirt, rocks, clothing           2 Hours

2/22/2010 Ulla Miller School Manhole overflow/ grease and debris                  2 Hours

3/19/2010-3/20/2010  Contant 2A-1 Manhole overflow grease/debris               19 Hours

3/20/2010 Domino’s Gas Station, Contant Manhole overflow/grease                2 Hours 30 min.

3/26/2010-4/3/2010 16A-17 Commandant Gade  overflow/grease, debris         9 Days

4/1/2010-4/3/2010 Savan Red Ball Grocery Manhole overflow/grease/sand     48 Hours

4/3/2010 385 Mon Bijou dirt and grease caused lines to clog                             3 Hours 30 min.

4/3/2010 395 Mt. Pleasant manhole overflow                                                     3 Hours

4/4/2010-4/5/2010 Ulla Muller Tamarind Tree overflow/grease, debris             24 Hours

4/4/2010-4/5/2010 200-7-1 Altona  overflow/grease, debris                              25 Hours 30 min.

4/4/2010-4/5/2010 Nadir Racetrack  overflow/sand, debris                               24 Hours 30 min.

4/7/2010 New TuTu Lower Valley PS illegal load of sludge                          4 Hours

4/10/2010-4/13/2010 102 Mt.Bijou Hairline crack in #6 Force Main            3 Days 1 Hour

4/12/2010   Mon Bijou PS Electrical Panel Malfunctioned                            4 Hours 44 min.

4/13/2010  346 Mon Bijou  sewer lines clogged with grease and dirt                22 Hours 15 min.

4/15/2010-4/16/2010 14Q Estate Thomas Manhole overflow/sand, grease       21 Hours

4/16/2010 2nd Street Estate Thomas Manhole overflow/sand, grease                     4 Hours

4/17/2010-4/18/2010 Vicinity of Gomez School Manhole overflow/grease        27 Hours

4/19/2010 Fig Tree PS electrical switch tripped                                                   36 minutes

4/21/2010-4/22/2010 Behind Old Lucy’s Market overflow/grease, debris          24 Hours

5/3/2010 394-364 Hidden Valley overflow/rocks, debris                                     1 Hour

5/5/2010 Old PWD Yard  station breaker malfunctioned                                     3 Hours 45 min.

5/5/2010 Old PWD Yard  Sewage bubbling Burnt and defective wiring             1 Hours 30 min.

5/10/2010-5/11/2010 394 C-2 Anna’s Retreat Manhole overflow/grease debris 18 Hours

5/12/2010-5/13/2010 1st Ave. Sugar Estate sewage into gut/grease, debris         26 Hours 30 min.

5/14/2010 Concordia PS Discharge Vent Hose line came loose                           45 minutes

5/19/2010 Concordia PS Pump Vent Line Clogged                                              45 minutes

5/24/2010 Bluebeard’s Castle overflow into street/stone, debris                          1 Hour 30 min.

5/24/2010 23-15 Commandant Gade Manhole overflow/grease, debris               4 Hours

6/13/2010 Barren Spot PS Pump Coupling Sheared                                        1 Day 4 Hours

6/15/2010 202 Anna’s Retreat Manhole overflow/sand, stone, debris                 5 Hours 30 min.

6/17/2010 Crown Bay Marina sewage backing up into business/grease,debris   3 Hours

6/19/2010 Cancryn PS Pump impeller clogged                                                    30 minutes

6/19/2010 Cancryn PS Shut PS off to prevent overflowing reg. 6MGD              3 Hours

6/19/2010 Bovoni Texaco Both pumps tripped off-line/storm water                   1 Hour

6/19/2010 Long Bay PS All pumps blocked with stormwater debris                 2 Hours

6/20/2010 Long Bay PS Both Pump impellers blocked                                        2 Hours

6/20/2010 Bovoni Texaco Both Pumps tripped/clogged stormwater debris        4 Hours

6/28/2010 Barren Spot PS Pump vent line Plugged                                           1 Hour 15 min.

7/4/2010 239 Concordia Clogged Sewer Line                                                 16 Hours 50 min.

7/20/2010 Mangrove Lift Station Sewage overflow, heavy rain                          6 Hours

7/21/2010 Market Square overflow into street/grease, stones, debris                   6 Hours

7/21/2010 Savan Lutheran Church sewage in street/ grease, rags debris              3 Hours 30 min.

7/21/2010 Polyberg Domino’s Gas sewage in street/ grease, stones, debris         3 Hours

7/24/2010 Mangrove Lift Station Sewage overflow, pump tripped                      1 Hour 15 min.

7/26/2010-7-27/2010 Savan Basketball Ct. overflow onto Bask. Ct/dirt,stone  30 Hours

7/26/2010 Prindsens Gade sewage in street/ grease, sand, debris                         2 Hours

7/27/2010 Pearson Gardens overflow into street/ grease and stone                      2 Hours

7/27/2010 199AB Hospital Ground sewage in street/rocks,dirt debris                 1 Hour

7/27/2010 Subbase Tennis Courts Sewage in Street/ grease, gravel, stone          9 Hours

7/30/2010 #3A Mon Bijou Manhole clogged with tree roots and debris              2 Hours

8/5/2010 #3A Mon Bijou Manhole clogged with tree roots and debris                1 Hour

8/18/2010 Polyberg Domino’s gas sewage into street /sand, stone, debris           2 Hours

8/18/2010 Jah Yard Hospital Ground sewage into street /sand, stone, debris       2 Hours

8/19/2010 Barren Spot PS Pump lost its prime                                                1 Hour 45 min.

8/21/2010 Barren Spot PS Couplings were destroyed                                    15 Hours 30 min.

8/23/2010 Green Corner sewage into street grease/gravel/debris                            3 Hours

8/21/2010 Dept. of Labor sewage into street/ Sand, grease debris                          2 Hours 30 min.

8/23/2010 Campo Rico PS Diesel pump suction line separated                        2 Hours 35 min.

8/24/2010  Barren Spot PS Couplings were off balanced                                        2 Hours

8/30/2010 Fig Tree PS Electrical surge                                                                1 Hour 15 min.

8/30/2010  Barren Spot House Pump Failed                                                       1 Hour 45 min.

8/30/2010-8/31/2010 New TuTu Lower Valley Pump PS failed/loss electric         1 Day?

8/30/2010-8/31/2010 Bovoni Texaco PS  failed/loss electric power Hurr. Earl      1 Day?

8/30/2010-8/31/2010 Bovoni Housing PS  failed/loss electric power Hurr. Earl    1 Day?

8/30/2010-8/31/2010 Weymouth Rhymer PS  failed/loss electric power Hurr. Earl  1 Day?

8/30/2010-8/31/2010 Subbase PS failed/loss electric power Hurr. Earl                     1 Day?

8/30/2010  NaNa Gut PS  failed/loss electric power Hurr. Earl ONGOING

8/30/2010-8/31/2010 Cancryn PS  failed/loss electric power Hurr. Earl       11 Hours 30 min.

8/30/2010-8/31/2010 Long Bay PS  failed/loss electric power Hurr. Earl                  1 Day?

8/30/2010-8/31/2010 Airport PS  failed/loss electric power Hurr. Earl                      1 Day?

8/30/2010-8/31/2010 Bourfield Amco PS  failed/loss electric power Hurr. Earl        1 Day?

8/31/2010  Campo Rico PS WAPA Power Surges- pump malfunction         1 Hour 15 min.

9/1/2010 Ulla Muller School  Manhole overflow/ grease, debris                               7 Hours

9/1/2010 Green Corner   sewage in street/ grease, stones debris                                7 Hours

9/1/2010-9/3/2010 Barren Spot Broken 8” sewer force main                     2 Days 5 Hours

9/5/2010-9/7/2010 Barren Spot House Pump Failed                           2 Days 9 Hours 30 min.

9/8/2010 Barren Spot PS House Pump Failed                                                          12 Hours

9/8/2010-9/11/2010  LBJ Broken Force Main                                      2 Days 18 Hours 30 min.

9/9/2010 3359-3360 Nadir Manhole overflow stone and debris                                6 Hours

9/9/2010 Na Na Gut PS impeller pump clogged with debris                           3 Hours 30 min.

9/13/2010 Cancryn PS station off-line flow control relay malfunction              50 minutes

9/13/2010 11B Lindbergh Bay Happy View into street/dirt, paper, debris                2 Hours

9/14/2010 Estate TuTu E1 Manhole overflow/rocks, bottles, grease debris              3 Hours

9/14/2010 2-25 Bovoni Sewage in street/ stones, gravel, debris                                1 Hour

9/16/2010-9/17/2010 Garden Street Villa Fair View sewage in st/dirt, paper     25 Hours, 30 min.

9/17/2010 1-2 Haabets Gade Sewage in Street/dirt, wire hangers, paper                  4 Hours

9/19/2010 Backstreet Manhole overflow/excessive grease                                    3 Hours 30 min.

9/19/2010 #84 Contant Sewage in Street/excess gravel and stone                         1 Hour 30 min.

9/20/2010 35 Anna’s Retreat Sewage in Street/dirt, tree roots                                  3 Hours

9/21/2010 Bovoni Racetrack Sewage overflow/rocks, gravel                                   3 Hours

9/22/2010 Fig Tree PS electrical malfunction                                                       30 minutes

9/23/2010 Campo Rico PS suction hose came away                                             59 minutes

12/2/2010 Campo Rico PS clogged vent line                                                         40 minutes

12/2/2010-12/3/2010 Barren Spot ditch line for diesel pump separated      27 Hours 15 min.

12/5/2010 Ramsey Guest House Sewage in Street/Sand, grease, gravel                1 Hour 30 min.

12/6/2010 394-171 Anna’s Retreat overflow into yard/ sand and gravel               3 Hours

12/6/2010 Bovoni Racetrack Sewage in Street/ sand and gravel                           4 Hours 30 min.

12/13/2010-12/14/2010 394-134 Hidden Valley sewage in yd/debris, sand        25 Hours 30 min.

12/13/2010-12/14/2010 11B Upper Contant sewage in yd/sand, gravel              24 Hours

12/15/2010 Hospital Ground (Wallace Bldg) overflowing/grease, gravel             2 Hours

12/18/2010 Lagoon Street PS house pump failed-sewage overflow                 3 days 22 hours

1/4/2011 Weymouth Rhymer PS      Force Main Break Ongoing

1/4/2011  143A 13 Anna’s Retreat   Sewage overflowing excessive rags, debris  2 Hours

1/6/2011-1/10/2011 148-50 Anna’s Retreat overflow, excess. Rags, debris          4 Days 2 Hours

1/7/2011-1/10/2011 146 92 Anna’s Retreat overflow/ excessive rags, debris        3 Days 3 Hours

1/9/2011-1/14/2011 Humbug II PS Obstructed Force Main                          5 Days 3 ½ Hours

1/10/2011 Chicken Fry manhole overflow excessive grease, debris                      2 Hours 30 min.

1/10/2011 Metro Motors  overflow-excessive sand and stone                                2 Hours 30 min.

1/10/2011 Frenchtown manhole overflow/excessive Grease                                  4 Hours

1/10/2011 Soto Town, Contant sewage overflow/sand and dirt                              4 Hours

1/14/2011 St Croix Rennaissance sewer line clogged with dirt                               1 Hour 30 min.

1/16/2011   Campo Rico PS  clogged suction line                                              2 Hours 12 min.

1/27/2011-2/9/2011 LBJ new force main “10 days 11.5 hrs”     (actually 13 Days 11.5 Hours)

1/30/2011  148-166 Estate TuTu  Manhole overflow/excessive dirt, rocks           26 Hours

1/31/ 2011   Campo Rico PS wastewater overflow/clogged vent line                    25 minutes

1/31/2011    46 Sion Farm  Manhole overflow/grease clogged line                       2 Hours

1/31/2011 Frenchtown Excessive dirt rocks and stones in line                              3 Hours

2/2/2011 29-A Contant Sewage overflow, grease and gravel                                1 Hour 30 min.

2/3/2011 #5 First Street, Sugar Estate sewage overflowing                                   4 Hours 30 min.

2/3/2011 Cancryn PS WAPA outage caused pump to fail                                    12 Hours

2/11/2011-2/14/2011 Peter’s Rest Manhole Overflow (48 Hrs/30 min) real:    72 Hours 30 min.

2/14/2011 125-60 Old TuTu sewage overflow- excess stone, gravel, debris       1 Hour 30 min.

2/14/2011 Long Path Garden Street overflow-paper towel, gravel, debris           1 Hour 30 min.

2/16/2011 Gomez School Sewage overflow- excess grease in line                      1 Hour

2/17/2011 Chicken Fry manhole overflow excess grease and debris                   2 Hours 30 min.

2/17/2011  Credit Union 34B-35 Norre Gade manhole overflow                         1 Hour 30 min.

2/18/2011 172 Anna’s Retreat manhole overflow, excess rocks sand, debris      3 Hours 45 min.

2/22/2011  29A Contant Sewage overflowing                                                       1 Hour 30 min.

2/22/2011 Monbijou PS Busted Suction Line Gasket                                        2 Hours 15 min.

2/22/2011-2/23/2011 McDonald’s, Frenchtown overflow-excessive grease        24 Hours

2/22/2011-2/23/2011 NaNa Gut PS sewage flowed into gut                                 1 Day?

2/23/2011 Barren Spot PS busted discharge hose                                           3 Hours 15 min.

2/23/2011 Weymouth Rhymer PS   pump was air locked                              3 Hours 15 min.

2/23/2011 New TuTu lower PS station overflow                                              2 Hours

2/23/2011 Chicken Fry excessive grease and debris in line                                   2 Hours 30 min.

2/23/2011 Contant Car Wash sewage overflowing into street-rocks, gravel         1 Hour 30 min.

2/23/2011 Palms Strada #16GB manhole overflow excess grease, debris             4 Hours

2/24/2011-3/2/2011 Force main adj to Hovensa Broken Force Main            6 Days 6 Hours

2/24/2011-3/2/2011 Fig Tree PS  Broken Force Main                                     5 Days  22 hours

2/25/2011-3/1/2011 Hospital Ground sewage into street/gravel, stones             4 Days 35 min.

3/2/2011 Barren Spot PS pump impeller was blocked with debris                         10 minutes

3/3/2011-3/4/2011 Monbijou PS Defective Pump bypassing                              22 ½ Hours

3/10/2011 Campo Rico PS Clogged Suction Line                                                  50 minutes

3/10/2011 178 and 236 Altona and Welgunst excess branches, trees, debris           2 Hours

3/12/2011   Campo Rico PS “Non- compliance Form will follow”                      15 minutes

3/13/2011-3/23/2011 Barren Spot PS/submersible pump had elec. failure       10 Days

3/14/2011-3/15/2011  Anna’s Retreat basketball ct. grease, rocks                 1 Day 1 Hour 15 min.

3/14/2011-3/15/2011 First Ave. Sugar Estate into street grease/debris                   24 Hours

3/18/2011 New TuTu Lower PS pump station off-line shaft seal failed          1 Hour 30 min.

3/21/2011-3/24/2011 NaNa Gut PS   Pump impeller                                          3 Days 6 Hours

3/23/2011 Campo Rico PS  Clogged Vent Line                                                 15 minutes

NOTE 1:      SEVERAL OF THE BYPASSES STATE “ONGOING” WITHOUT STOP DATES, SO THE COUNT MAY BE SIGNIFICANTLY HIGHER.

NOTE 2:      THESE NON-COMPLIANCE REPORTS ARE NOT COMPLETE. THEY DO NOT REFLECT THE LBJ BYPASS WHICH COMMENCED ON 4/24/10. THAT BYPASS, REPORTED 4/28/10 IN THE VI DAILY NEWS, OCCURRED DURING THE TIME IRONMAN TRIATHLETES SWAM THEIR PRACTICE SWIMS AND JUST BEFORE THE IRONMAN RACE IN CHRISTIANSTED HARBOR ON 5/2/10, IN THE AFFECTED WATERS.

NOTE 3      THE BYPASSES WHICH APPEAR TO HAVE BEEN PUMPED INTO COASTAL WATERS, THROUGH PUMP STATIONS,  ARE BOLDED.

 

Posted in Citizen's Suit, Coral, DPNR, Endangered Species Act, EPA, NOAA, Waste Management | Tagged , , , , , , , , , | Leave a comment

DPNR warns against Christiansted beaches

Published March 20, 2011 | By dave

Daily News Staff
Published: February 5, 2011

The V.I. Department of Planning and Natural Resources is advising residents to be cautious when visiting beaches at Christiansted Harbor until further notice.

The beaches in that area that DPNR monitors did not have elevated bacterial levels, but the V.I. Waste Management Authority’s LBJ Pump Station is bypassing wastewater over Long Reef, according to the DPNR’s weekly beach report issued Friday.

The DPNR’s Beach Water Quality Monitoring Program evaluates water quality each week at 43 popular swimming beaches throughout the territory.

With the exception of Johnson’s Bay on St. John, the monitored beaches met water quality standards and are safe for swimming or fishing during the week of Jan. 31 through Friday.

DPNR will continue to monitor the impacted areas and waters. For more information about water quality, call the Division of Environmental Protection at 773-1082 in St. Croix.

For information about the LBJ Pump Bypass, contact the Waste Management Authority at 712-4950.

Read more: http://virginislandsdailynews.com/news/dpnr-warns-against-christiansted-beaches-1.1100292#ixzz1FN1YWqIr

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Repairs Force WMA to Divert Sewage Over Long Reef

Published March 20, 2011 | By dave

By Source Staff — January 18, 2011

The LBJ sewer system pump station will be taken offline Wednesday and sewage temporarily pumped into the sea for 10 days while a V.I. Waste Management Authority contractor finishes part of the work to replace the LBJ sewer force main, according to the WMA.

VIWMA is advising residents of the LBJ Housing Community and surrounding areas to avoid groundwater in the area as it may be contaminated with sewage.

Contractor GEC is doing the work, which includes:
– Shutting down of the LBJ Pump Station and pumping over Long Reef for roughly 10 days;
– Connecting the newly installed 24-inch force main to the existing system;
– Replacing the flow meter and stand pipe at the pump station; and
– Cleaning the pump station’s wet well.

To complete this work, the LBJ Pump Station will be placed offline Wednesday and will remain offline until Jan. 27th.

According to VIWMA, this is being conducted in accordance and in compliance with the Authority’s Territorial Pollution Discharge Elimination System Permit and notification has been provided to the regulatory agencies as required.

This phase of work began with the replacement of a portion of the force main from the LBJ Pump Station, south along the access road and then east along Route 751, which runs adjacent to the LBJ Housing Community toward the WAPA Richmond Plant.

Workers installed roughly 1,300 linear feet of 24-inch PVC piping parallel to the existing force main line.

Once the sewer line work is complete, workers will repair the roadway, sidewalk or road apron, according to VIWMA.

 

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Sewage diverted over St. Croix reef

Published February 27, 2011 | By admin

Sewage diverted over St. Croix reef

By JOY BLACKBURN, Daily News Staff
Published: April 28, 2010

ST. CROIX — The V.I. Waste Management Authority started pumping sewage over Long Reef on Saturday because of a leak near the LBJ pump station.

According to a statement Waste Management released Tuesday, the authority diverted the wastewater flow to sea over the reef “to reduce the impact to the adjacent neighborhood and prevent sewer overflows in Christiansted town and surrounding areas.”

Although the statement said the diversion was because of a broken force main, spokeswoman Stella Saunders said the problem was a leak at the junction where a bypass line and the force main meet about 50 feet east of the LBJ pump station.

The bypassing over Long Reef started at 3:30 p.m. Saturday and was expected to continue for the next five days, according to the statement the authority released Tuesday.

Saunders said officials anticipate it will take that long to make the repairs, which involve letting the line drain, excavating, and repairing or replacing the affected parts.

The federal government last month filed an emergency motion in federal court seeking an order for the Waste Management Authority to make specific improvements at its Fig Tree pump station on St. Croix and at the Cancryn pump station on St. Thomas to stop sewage from dumping into the sea.

In its motion, the federal government contended that between January and March, the authority discharged more than 50 million gallons of raw sewage into the Caribbean Sea — in violation of an amended consent decree and the Clean Water Act — because of pump failures at various times at both the Fig Tree and LBJ stations.

The resulting court order pertained specifically to Waste Management having operational pumps and backups at the Fig Tree station on St. Croix and at the Cancryn pump station on St. Thomas, as well as ensuring St. Croix has two operational diesel pumps for emergencies.

The Waste Management Authority must also comply with public notification requirements.

The order does not deal specifically with the LBJ pump station or the problem that Waste Management says caused the current bypass.

“You have to realize this is an old system. We have to make repairs,” Saunders said.

John Senn, a spokesman for the U.S. Environmental Protection Agency, said in an e-mail that the authority informed the EPA about the problem on Monday and that EPA has requested additional information.

“We will continue to monitor the situation and are hopeful that the discharge is stopped as soon as possible,” he said.

In its statement, the Waste Management Authority advised all residents with compromised immune systems to avoid the area during this time because the sewage may contain contaminants. It said signs will be posted on the beach reminding persons to avoid the Long Reef and adjacent beach areas until the force main is back in service.

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Recent dumping of 72 million gallons of raw sewage over Long Reef

Published February 27, 2011 | By admin

Joycelyn Hewlett
Civil Chief/ FLU Supervisory Attorney

United States Attorney’s Office
United States Courthouse & Federal Building
5500 Veteran’s Drive, Suite 260
St. Thomas, Virgin Islands 00802-6424

Re:  Recent dumping of 72 million gallons of raw sewage over Long Reef

Dear Attorney Hewlett:

I am a stateside attorney and former NYC Assistant District Attorney, and am writing in regard to VIWMA’s dumping 72 million gallons of raw sewage over Long Reef from January 17th through mid-March, 2010.  The VI Daily News reported that Federal District Court Judge Gomez directed VIWMA to do the following:

– Ensure the one working pump at Figtree station remains operational.

– Install a second working pump at Figtree by Tuesday.

– Comply with the public notification requirements as detailed in the Territorial Pollution Discharge Elimination System permit. According to the permit, the agency must notify the public by television, radio and newspaper each day a sewage bypass occurs.

– Ensure that St. Croix has two operational auxiliary diesel pumps for emergencies. The first must be obtained by Wednesday and the second by March 26.

– Certify that the Cancryn pump station on St. Thomas has a six-inch and a four-inch auxiliary diesel pump in working order as backup for the 10-inch pump currently in operation.

The federal government said in Thursday’s court filing that in addition to the problems at LBJ and Figtree, the Barren Spot pump station on St. Croix and the Cancryn pump station on St. Thomas also are in danger of failing as well.

One would think that VIWMA would be very scrupulously complying with the federal court order, purchasing and installing all the replacement and backup pumps according to the judge’s schedule. Also note that VIWMA was to certify that the Cancryn Pump Station, the main station of St. Thomas, is operational, with two back-up pumps. However, according to the VI Daily News article dated Friday, April 16, 2010:

“Because of the frequent failures, Waste Management is planning to buy a number of upgraded pumps to replace the downed pumped and a backup for each station on St. Croix.” …“St. Thomas’ Cancryn pump station – the island’s main station –  has been without a working pump for close to nine months, Cornwall said. A contractor is diverting flow around Cancryn to another station while cleaning takes place. The station should be back up and running by the end of April, Cornwall said.”

These statements lead one to believe that the pumps have not been purchased yet, in direct violation of the District Court Order.

I wrote to Jim Casey, Virgin Islands Coordinator of EPA Region 2 on Monday, April 26, 2010 to suggest that the EPA  may want to  confirm that VIWMA has complied with the March District Court Order. Then, the next day, VIWMA again allowed raw sewage to flow into our coastal waters and the Caribbean Sea.  It was emphatically stated that this new release of raw sewage was a pipe issue, not the pumps, but you may want to find out whether VIWMA bought and installed the pumps as specified in the court order, or just submitted a plan to do so.

Further, the March Court Order states that Cancryn pump station “is in danger of failing”, not that it has already failed, waste is currently diverted around Cancryn, and that station has been without a working pump for 9 months.  According to the Order, VIWMA had to certify in March for Cancryn that there are 4 inch and 6 inch auxiliary backup pumps in addition to a working 10 inch operational pump. Yet, VIWMA stated in April that the Cancryn pump has not been working for 9 months, so how could they possibly make such a certification?

According to NOAA, “coral reefs buffer adjacent shorelines from wave action and prevent erosion, property damage and loss of life. Reefs also protect the highly productive wetlands along the coast, as well as ports and harbors and the economies they support. Healthy reefs contribute to local economies through tourism. Diving tours, fishing trips, hotels, restaurants, and other businesses based near reef systems provide millions of jobs and contribute billions of dollars all over the world. Recent studies show that millions of people visit coral reefs in the Florida Keys every year. These reefs alone are estimated to have an asset value of $7.6 billion (Johns et al., 2001).”

You may be aware of the enormous oil spill which is near Florida and appears to be headed for the Florida Keys, where NOAA and Coral experts have been protecting and recolonizing coral. If Florida’s coral dies from this massive oil spill, we must be all the more protective of the coral in the USVI.

There remains only 3 percent left of the coral of 30 years ago.  Staghorn and Elkhorn Coral are currently protected by the Endangered Species Act, and the Center for Biological Diversity has filed a formal petition to protect 83 more imperiled coral species, seven of which are local to the U.S. Virgin Islands.  These corals already face a growing threat of extinction due to rising ocean temperatures caused by global warming, and the related threat of ocean acidification.  Now 72 million gallons of raw sewage has been dumped onto the reefs, then more on Tuesday. Steps must be taken to ensure there will be no more dumping, or the reefs will be gone.

Sincerely yours,

Susan K. Wolterbeek

cc: Judith Enck, EPA Administrator, Region 2

Miyoko Sakashita, Oceans Director, Center for Biological Diversity

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