Clean Wisconsin Defender, Winter 2014

Defender

Winter 2014

Waukesha’s application for Lake Michigan water under scrutiny

We are seated at the crossroads of history for the Great Lakes.

In October, the City of Waukesha filed a revised application to replace its groundwater sources of drinking water with water from Lake Michigan. This marks the first substantive test of the protective standards of the Great Lakes Compact and its general ban on diverting water outside the Great Lakes Basin. What happens here will set a precedent as to how these treasured waters can be used in the future in Wisconsin, other Great Lakes states and Canada’s Great Lakes provinces.

At a time when Lake Michigan needs the support of everyone who cares about or has a stake in our Great Lakes, nearly 3,700 of you answered an important call to action by filing comments with the Wisconsin Department of Natural Resources (DNR) on Waukesha’s application. Your voice underscored its key deficiencies, and your effort was loud and heard as elected officials, academics, water experts, environmental groups and other concerned members of the public all came forward. With many voices and much skepticism at both the local and national level, everyone almost uniformly arrived at the same conclusion: Waukesha’s application does not meet the protective standards of the Great Lakes Compact and cannot be approved as drafted.

wejoinbelieve everyone us: deserves clean water and clean air

OUR WATER, OUR LAKE MICHIGAN

By Clean Wisconsin Staff

continued on page 5

Clean Wisconsin 634 W. Main St., #300 Madison, WI 53703-2500

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THE GTAC SAGA CONTINUES...

By Clean Wisconsin Staff

Also in this issue

Since Gogebic Taconite (GTAC) arrived in Wisconsin three years ago, the company has run roughshod over Wisconsin’s tradition of strong environmental protection, citizen involvement and open government.

And the last three months are no exception.

In mid-January, a DNR report identifying the potential environmental risks of mining was made public and instead of GTAC using it as an opportunity to demonstrate how it planned to address those risks, GTAC called the report “protester language” and accused the DNR of being “anti-mining.”

GTAC followed up those comments with a letter to DNR refusing to answer any more questions about its bulk sampling operation, asserting that the new mining law doesn’t require the company to provide that information.

This is particularly concerning as DNR and independent scientists have positively identified sulfides and asbestiform materials in the mine area. GTAC’s proposed mine has the potential to produce acid mine drainage, pollute our lakes, rivers and continued on page 9

The Central Sands & the fight for groundwater | Legal Updates

Taking Charge &

TAKING ACTION

Actions can with take for clean water, clean air and clean energy Share Youryou Story Clean Wisconsin

Because we couldn’t continue to advocate for Wisconsin’s environment without your support, we want to know why you care enough to support us with your hard-earned money. Did you learn your conservation ethic from your grandparents? Do you take a daily hike through the woods near your house? Are you worried about the impacts of climate change? We want to learn about the places you love in Wisconsin, why they’re worth protecting, and why you support us. To share your story, contact Jake at 608-251-7020 x23 or jimmel@cleanwisconsin.org or submit it at www.cleanwisconsin.org/tellyourstory.

Thank you again for your support of our work!

Birthdays? Anniversaries? Forgot to buy a holiday gift?

Gift certificates, candles, chocolates … these common gifts are fleeting both in existence and in the memory of their recipient. However, a gift membership to Clean Wisconsin is a perfect, memorable gift for hard-to-buy-for family members and loved ones.

Perfect for any conservationist, gardener, hiker, fisher, hunter, swimmer or outdoor enthusiast, a gift membership to Clean Wisconsin lasts all year and translates to real progress in preserving Wisconsin’s beautiful places to live, work and play. To purchase a gift membership, visit www.cleanwisconsin.org/defender and complete the dedication section; mail a check to our office and be sure to mention the full name and address of the honorary gift or gift member; or contact Jake at 608-251-7020 x23 or jimmel@cleanwisconsin.org.

February is Planned Giving Month

Clean Wisconsin is celebrating Planned Giving Month in February! Leaving a legacy to Clean Wisconsin in your will or estate plan is simple.

If you want more information on how to include Clean Wisconsin in your plan, contact development director Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org. Or, join us at the Middleton Public Library on Wednesday, Feb. 19 at 10 a.m. for a free, noobligation seminar with Melinda Gustasfon Gervasi, attorney and author of Middle Class Philanthropist: How anyone can leave a legacy. MORE DETAILS ON PAGE 11.

634 W. Main St., #300 • Madison WI 53703 Phone: 608-251-7020 www.cleanwisconsin.org Clean Wisconsin protects Wisconsin’s clean water and air and advocates for clean energy by being an effective voice in the State Capitol and holding elected officals and polluters accountable.

Founded in 1970 as Wisconsin’s Environmental Decade, Clean Wisconsin exposes corporate polluters, makes sure existing environmental laws are enforced, and educates citizens and businesses.

On behalf of its 10,000 members, supporters and coalition partners, Clean Wisconsin protects the special places that make Wisconsin a wonderful place to live, work and play.

STAFF Executive Director

Mark Redsten Development Director

Angela Cao Staff Scientist

Tyson Cook Chief Financial Officer

Nick Curran, CPA Communications Director

David Hunt Membership & Development Coordinator

Jake Immel Organizing Hub Coordinator

Melissa Gavin Water Quality Specialist

Emily Jones

Thank you and welcome!

In 2013, there were a handful of changes to Clean Wisconsin’s board of directors. We’d like to take this opportunity to thank past members for their service and welcome new members.

Thank you to Lucia Petrie, Shorewood, who worked passionately on issues facing Milwaukee and Lake Michigan. Her expertise in fundraising and her passion for the protection of Lake Michigan will be missed. Also, thank you to Karen Sands, Milwaukee, who works on green infrastructure projects for Milwaukee Metropolitan Sewerage District (MMSD). While she is no longer a board member, we look forward to working with Karen and MMSD in 2014.

Welcome to Elizabeth Feder, Madison, a health policy analyst who focuses on issues of access, equity and affordability. Also joining us is Karen Knetter, Madison, who worked as an environmental consultant for 10 years doing traffic impact studies, transportation planning and air quality modeling for private and public sector clients. Another new addition is Bruce Wunnicke, Richland Center, who co-owns Madison’s Delta Properties. His company is committed to renovating existing buildings into sustainable and creative workspaces.

Director of Programs & Government Relations

Amber Meyer Smith Water Resources Specialist

Ezra Meyer General Counsel

Katie Nekola Grant Manager

Pam Ritger Senior Policy Director

Keith Reopelle Midwest Clean Energy Coordinator

Sarah Shanahan Clean Energy Specialist

Katy Walter Creative Director

Amanda Wegner Staff Attorney

Elizabeth Wheeler Office Manager

David Vitse

Stay informed on what’s happening in our state government

• Join our Action Network at cleanwisconsin.org • Like us on Facebook and follow us on Twitter • Watch legislative floor sessions, committee hearings and interviews at wisconsineye.org • Sign up to receive notifications about action on bills you care about at http://notify.legis.state.wi.us • Learn more about your legislators by entering your address or using the interactive map at http://legis.wisconsin.gov/w3asp/waml/waml.aspx

The Defender is owned and published quarterly by Clean Wisconsin, 634 W. Main St., #300, Madison, WI 53703, 608-251-7020.

A one-year subscription membership is $35. Please direct correspondence to the address above.

Volume 44, No. 1 Issue date: January 2013 ©2014 Clean Wisconsin. All rights reserved.

ISSN # 1549-8107

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Printed with soy ink on unbleached, recycled paper.

BOARD Chair Margi Kindig, Madison Vice Chair Chuck McGinnis, Middleton Treasurer Gof Thomson, New Glarus Secretary Gary Goyke, Madison Belle Bergner, Milwaukee Shari Eggleson, Washburn Luke Fairborn, Whitefish Bay Elizabeth Feder, Madison Scott Froehlke, Montello Karen Knetter, Madison Carl Sinderbrand, Madison Bruce Wunnicke, Richland Center Board Emeritus Kate Gordon, San Francisco

Winter 2014

from the Executive Director

Big Changes, Big Impacts DNR rule changes may relax environmental protections

By Elizabeth Wheeler, Staff Attorney

At the end of 2013, two DNR policies were significantly changed: rules for developing environmental impact statements (EIS) and rules for minimum statewide standards for shoreland zoning.

Environmental Impact Statements In 1972, Clean Wisconsin had a seminal victory: passage of the Wisconsin Environmental Policy Act, or WEPA. WEPA requires all state agencies to prepare a detailed EIS for “major actions significantly affecting the quality of the human environment.” WEPA is the foundation of Wisconsin’s environmental laws, requiring decision-makers to act with full knowledge of the impacts of their decisions, and is implemented in Wis. Admin. Code Chapter NR 150.

In 2010, DNR began soliciting comments from interested stakeholders on a potential revision to the WEPA rules in NR 150.

Clean Wisconsin was a part of that stakeholder process and actively advocated for the rule to retain as much public notice and as many comment and hearing opportunities as possible. In November, DNR approved a suite of changes to NR 150 that were intended to simplify the way the department approaches environmental analysis under WEPA. While the required content of an EIS has not changed, DNR made significant changes to the process for determining whether an EIS must be prepared and the process for doing so. Specifically, DNR shortened public comment periods, made public hearings optional, and exempted certain actions, most significantly factory farm water pollution permits.

Shoreland Zoning In December, DNR changed the minimum statewide standards for shoreland zoning to ease “administrative oversight” for counties charged with implementing those standards; however, the revisions significantly compromise existing protections for Wisconsin’s waterways. The changes create sacrifice zones, areas defined as “highly developed” where standards intended to protect against polluted runoff are significantly relaxed.

Even while noting that the rulemaking changes would likely have a negative impact on water quality, DNR refused to prepare an environmental analysis as required under WEPA. Both rules must be approved by the legislature and governor before they are passed. Clean Wisconsin opposed the rule changes and continues to advocate against the relaxed standards.

The Great Lakes are a treasure, not a commodity.

So when the City of Waukesha filed its application for Lake Michigan water last October, staff members combed through the 2,000-plus pages to identify deficiencies and important questions to put on the record. We also sounded a call to our members and supporters, a call that nearly 3,700 supporters like Mark Redsten you answered by filing comments Executive Director on the plan with the Wisconsin Department of Natural Resources (DNR).

Now, as you see in this issue of Defender, the DNR has questions of its own. Your voices and support clearly made a difference!

Since 2003, Clean Wisconsin has been a key stakeholder helping to shape, pass and ensure successful implementation of the Great Lakes Compact. Through the past 10 years, Waukesha’s interest in Great Lakes water has been a major concern for all involved. Clean Wisconsin has monitored the Waukesha water situation and has tried to work with local officials there to find sustainable solutions.

While Waukesha’s efforts to get Great Lakes waters have been steady and unchanging, our ability to connect with concerned parties has evolved. Ten years ago, who would have foreseen us posting things like #LoveLakeMI in a Twitter feed or spreading the news about Waukesha to tens of thousands of supporters on Facebook? These are more than tools or modern technologies, they are the building blocks of connectivity and success.

Our momentum is important as we set the path for 2014. We have an ambitious year on the horizon in which we are working on expanding our legal and science programs while growing our supporter base and presence in Southeast Wisconsin.

These moves are especially important this year as we anticipate an onslaught of efforts to eliminate or weaken environmental programs and protections.

We’ll need your many voices and the thousands of other supporters who will join this year, too, to speak quickly and strongly for a clean environment. We’ll need the support of a strong science and legal team to help educate our leaders on the importance of our current environmental protections and sometimes to go to the courts when our environmental laws are ignored or our precious natural resources are in jeopardy.

We are proud to walk this path, both for our organization and for future generations.

Thank you,

Happy Holidays in Milwaukee MARK YOUR CALENDAR Red Cedar Watershed Conference 2014 March 13, 2014 University of Wisconsin-Stout | Menomonie, Wis. Whether you farm, live in the city, play in the water or just care about the health of the Red Cedar and our beautiful region, this conference is for you! Event highlights include: • Farm, city and waterfront success stories for clean water • Solutions to the serious problem plaguing our lakes & rivers • A great networking opportunity for all Register & get info at www.uwstout.edu/profed/redcedar

In early December, Clean Wisconsin supporters gathered at the home of board member Belle Bergner in Milwaukee to introduce our new Environmental Pillars Society and talk about the organization’s growing presence in the city of Milwaukee.

On our board since 2010, Belle truly enjoys giving her time to Clean Wisconsin: “They do more comprehensive work for Wisconsin’s environment than any other group in the state. Clean Wisconsin also works with many other environmental nonprofit groups, making sure forward environmental progress is possible.”

Executive director Mark Redsten told supporters Clean Wisconsin will continue and expand its work in Milwaukee in 2014 and years to come: “We couldn’t be more thrilled to work more directly in Milwaukee! I know Wisconsin’s most populated city needs the work Clean Wisconsin does, and I hope you are all as excited as we are to get started.”

Thank you to Belle Bergner and her family for hosting, for sharing their beautiful home and to everyone who attended!

www.cleanwisconsin.org 3

CLEAN WISCONSIN

LEGISLATIVE UPDATE State legislative session comes to close this spring

By Amber Meyer Smith, Director of Programs and Government Relations

Through our email Action Network and publications like Defender, we’ve been keeping you informed and up-to-date on the burgeoning environmental issues being acted on by our state legislature. All bills that have not passed through both houses of the legislature by the beginning of April will essentially expire. The legislature will then resume its work with a brand-new session in January 2015. As this session winds to a close this spring, you’re probably wondering where some of these issues are at.

PENDING Groundwater (SB 302) Clean Wisconsin has spent a lot of time trying to protect our groundwater resources from the rollbacks contained in this bill. As our groundwater resources are under continued threat from large agricultural operations and frac sand mines, now is not the time to be reigning in DNR’s authority to review high-capacity well permits. While the bill received a partyline committee vote, it still needs approval of the full Senate and Assembly. READ MORE ON PAGE 6.

Frac Sand Mining (SB 349/AB 476) Senator Tiffany’s effort to strip local governments of any authority to regulate frac sand mining or other environmental hazards in their communities was met with swift and vocal opposition. That opposition caused several members of Tiffany’s own party to rebuke his bill, and the effort has so far stalled. This is a bill that needs to be thrown in the scrap heap, but we won’t be taking our eyes off the ball for one minute. Things move fast at the end of the session, and you never know what deals are being cut. We’re also supporting a bill (SB 411/AB 306) that would add eight staff at DNR to monitor frac sand mine operations. That bill awaits a hearing by the Joint Finance Committee.

Renewable Energy Several bills have chipped away at Wisconsin’s commitment to renewable energy generation in our state.

Once a leader with a Renewable Energy Standard (RES) of 10 percent by 2015, Wisconsin now has the lowest of the 29 states that have such a standard. Trying to halt wind development has been a perennial issue among a few vocal opponents in the legislature, but so far those efforts have been thwarted. SB 71, which would basically reverse Wisconsin’s uniform wind siting standards, received a committee hearing in March 2013 but has seen no action since. Another bill, SB 167, would increase opportunities to sue wind companies but has not received a hearing. Similarly, two bills intended to directly undercut our RES (SB 167 and SB 47) have not received hearings either.

But efforts are underway to introduce bills that would expand renewable energy. For instance, the legislature is moving to expand the number of facilities that can generate renewable credits to include some customer-owned renewable generation (AB 596/SB 473). In addition, a positive step forward for renewables could come in the form of a Clean Energy Choice bill being drafted now that would allow developers to own a renewable energy system at a farm, business or home, thereby eliminating the up-front costs of system ownership. The bill will hopefully be introduced before the end of the session and bring attention to the need for more renewable energy generation in Wisconsin.

Recycling Mercury Thermostats (AB 424) For years Clean Wisconsin has been pushing for legislation that encourages recycling of dangerous toxins in our wastestream, especially mercury. AB 424 will bring more convenient recycling options to Wisconsin citizens looking to dispose of their old, mercury-containing thermostats. The bill has been awaiting a committee hearing since October.

Municipal Water Disinfection (SB 417/AB 545) Two years ago, state legislators repealed DNR rules requiring municipalities to disinfect their drinking water. While many communities still disinfect, some, especially smaller communities, do not, and research from Marshfield Clinic has found viruses in a quarter of all samples from non-disinfected water supplies, the culprit for one in every five stomach illnesses. This bill, awaiting a committee hearing, would effectively level the playing field so every community throughout the state that relies on public water supplies gets the clean water it deserves.

Prescription Drug Disposal (AB 448/SB 351) Clean Wisconsin has a keen interest in proper disposal of pharmaceutical waste because of the water pollution and ecological damage that can be caused by the presence of medications in our waterways.

However, the availability of unused prescription drugs is fast becoming a public health issue as well in terms of drug addiction.

This bill essentially codifies locally run prescription drug collection efforts into state law; it is moving fast and has already gained unanimous approval by the Assembly. We hope this first step leads to increased attention on the problems that medications in our waterways pose to our health and natural resources and to a program with sustainable funding for the future.

PASSED Watershed Permitting (Act 70) Enacted in December with Clean Wisconsin’s support, this law provides additional tools for reducing phosphorus in our waterways; phosphorus leads to the smelly and sometimes dangerous algae blooms that pollute our lakes, rivers and streams. The law is a positive step toward encouraging innovative and cost-effective cleanup options by allowing DNR to issue permits to entire areas of a watershed, decreasing confusion, increasing cooperation and decreasing costs for wastewater treatment plants and industries that discharge phosphorus.

Sea Lamprey (Act 72) Also passed in December, this new law will allot funding to the DNR for better sea lamprey management and more surveying of inland waters and streams to determine how far these invasive species have spread. A sea lamprey is an eel-like parasite that attacks fish with its vampirish teeth, sucking the blood and bodily fluids out of the fish. Their numbers are on the rise, and they’re threatening the commercial and recreational fisheries and tourism industries of lakes Michigan and Superior.

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Legislation will be moving fast in the next three months.

Sign up for our Action Network & follow Clean Wisconsin on Facebook and Twitter for breaking news on legislative actions.

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Winter 2014

What We Said

Waukesha continued from cover

Waukesha’s water supply challenges are undeniable, but we need to work together to get this right. At Clean Wisconsin, we believe everyone deserves clean, safe water, which is why our organization has been involved with Waukesha’s water issues since 2003 and was instrumental, with your help, in Wisconsin’s adoption of the Great Lakes Compact and detailed implementation laws in 2008.

As we poured over Waukesha’ application, several key issues rose to the surface: water conservation; the proposed supply increase; an honest assessment of alternatives to meet Waukesha’s water needs; and the city’s proposed return path.

Water conservation We’ve worked for years to promote water conservation in Waukesha, even providing input in crafting the city’s current water conservation strategy. However, that strategy has not been fully implemented, and the city has not done all it must do under the Compact and Wisconsin law to conserve water. This is a critical requirement for Waukesha. Because it sits outside the Great Lakes basin, it must meet the Compact’s clear requirements regarding water conservation; Wisconsin rules also require that conservation measures must be implemented before submission of an application.

Supply increase It raises many concerns to read an application listing an average daily supply need of 10.1 million gallons when current need is 6.5 million to 7 million gallons daily.

Perhaps more troubling, the supply increase would be used to expand the Waukesha Water Utility’s system to serve the unincorporated towns of Waukesha, Delafield and Pewaukee, despite the fact that these places have adequate supplies of clean, safe well water and do not meet the Compact’s requirements for a diversion outside of the Great Lakes basin.

ed to a determined lack of clear, measurable information about the city’s water conservation strategy. That information is essential to justify the city’s claimed need for Great Lakes water. Clearly the DNR is considering this application carefully and listening to what we all are saying.

Alternatives The Waukesha Water Utility has not sufficiently proven there is no other reasonable way to supply its users with adequate clean water, a key requirement of the Compact and Wisconsin law. While there has been a major drawdown Where we go from here Your support means so much because this is about more than of Waukesha’s deep sandstone aquifer over the years, there are one application: This is history in the making. It was just five years signs it is leveling off, even rebounding. Waukesha largely meets safe drinking water requirements for radium now, in part be- ago that the Great Lakes Compact was forged in response to the cause it blends shallow-aquifer groundwater with deep-aquifer looming threat that our region’s freshwater could be diverted, water to reduce the concentration to safe levels; in fact, many pumped or otherwise shipped away and sold worldwide.

The Compact makes it clear that natural treasures like Lake places around Wisconsin and the nation safely and economically treat drinking water to remove radium. Waukesha simply Michigan deserve our utmost respect and any effort that could unhasn’t proven that the water needs of the area could not be met balance this precious system demands the highest scrutiny. While through some combination of local water sources, especially in applications like Waukesha’s are allowable under certain circumstances, they must meet the high stanconjunction with a wholehearted dards set in the Compact and Wisconconservation effort.

Your support means so much sin law.

Return Plan The Compact reOur work is far from over. DNR’s because this is about more quires that as much of the water as review continues to take shape with than one application: possible returned to the basin origiofficial findings expected in the comnate from within the basin and that This is history in the making. ing months. Once DNR has made the “return” of water from outside a preliminary decision and issues a the basin is minimized. There are draft environmental impact statement good reasons for this: It ensures that any approved diversion’s (EIS), you’ll have another opportunity to comment at public hearimpact on water levels in the Great Lakes is minimized, as it ings and in writing. Then DNR will issue a final decision and final reduces negative impacts on water resources (like the Fox River EIS. If Wisconsin approves the application, then it must gain apin Waukesha’s case) located outside of the Great Lakes basin proval from all eight states in the Great Lakes basin. From there, and reduces the potential for contaminants to enter into the the governors of those eight states and premiers of the two borbasin. However, information from Waukesha suggests that well dering Canadian provinces would have their own public process, over one-third of the water it would send back to Lake Michigan likely including meetings and comment opportunities. under its preferred diversion and return flow plan will be water Clean Wisconsin continues to collaborate with organizations in from the Mississippi basin.

Wisconsin and around the region to track developments and to advocate for effective implementation of the Great Lakes ComWhat the DNR is saying pact. We spent countless hours analyzing and critically thinking The DNR has questions of its own, and they sound very similar about the details of Waukesha’s proposal and comparing those to many of the points found in the public commentary. In Decem- details to best practies, all while keeping you in the loop with the ber, DNR sent an official response to Waukesha outlining areas latest information. We will continue to do so through the remainwhere it had fallen short of legal requirements in justifying the der of this process, however long it takes. amount of water the application claims the community will need Science and the law must govern this process. Waukesha has in the future; “[s]ufficient detail is lacking,” the letter read. Spe- a duty to prove it has done everything possible to conserve wacifically, the DNR questioned Waukesha’s basis for such a large- ter, it has no reasonable supply alternatives and that if approved, scale diversion, requesting either sufficient information to justify its plans and processes for enacting the diversion would conform the amount requested in the application or a reduction in the with the law. This has not happened. We all need to stay engaged, requested amount. remain vocal and continue to be heard loud and clear in support More recently, a second letter from the DNR to Waukesha point- of the Great Lakes. There is too much at stake. www.cleanwisconsin.org 5

Dried-up tributary to 10-Mile Creek

BATTLE Central GROUND Sands

By Elizabeth Wheeler, Staff Attorney Groundwater continues to be a top concern as we move into the new year. In 2013, the competing interests of large agricultural operations and citizens hoping to protect their public water rights came to a head in two contested high-capacity well permits in Wisconsin’s Central Sands region.

What’s at stake Since 2011, Wisconsin has seen a 40 percent increase in high-capacity well applications, primarily due to the increased use of agricultural irrigation. The Central Sands region, comprised of Adams County and portions of Wood, Portage, Waushara, Marquette and Juneau counties, is particularly susceptible to the impacts of the increased pumping, in part because of its hydrogeology; rivers, lakes and streams here are nearly 100 percent fed by groundwater. Moreover, one-third of the 288 billion gallons of groundwater withdrawn annually in Wisconsin comes from the Central Sands, which covers just 5 percent of the state’s area. The Little Plover River, Long Lake, Pleasant Lake, Pine Lake and others here have already shown the drastic effects overpumping can have on nearby surface waters, at times drying up.

The players The two high-capacity well cases involve the Richfield and New Chester dairies, both owned by Milk Source Holdings, and turn on DNR’s authority and duty to consider the impacts from groundwater pumping to surface waters. This issue was central to a 2011 Wisconsin Supreme Court case which held that when presented with evidence that a high-capacity well approval may negatively impact a surface water body, DNR must act to protect public rights in that water body. The Court was interpreting a provision of the Wis6

consin Constitution that states navigable waters belong to the public and that the legislature must hold the waters in “trust” on behalf of the people of Wisconsin. Referred to as the Public Trust Doctrine, this provision has been broadly interpreted by the courts to protect our water resources against privatization, pollution and other negative effects.

Milk Source Holdings is the owner of the largest factory farms in Wisconsin and is fighting hard to secure ownership of our water resources. To that end, the company’s high-capacity well permits have created controversy in two regards. The permit issued to Richfield Dairy has been challenged by citizens groups on the basis that DNR did not adequately review the cumulative impacts of its wells in addition to all other wells in the region. New Chester Dairy has challenged its permit on the basis that DNR has required groundwater monitoring to ensure that the wells do not cause unforeseen threats to nearby water bodies. The hearings on Richfield Dairy concluded at the end of 2013, and the hearings on New Chester took place in midJanuary. Clean Wisconsin has intervened in the New Chester Dairy case to support the DNR’s authority to adequately protect Wisconsin’s groundwater. As of this writing, rulings have not been issued for either case.

Where it goes from here Of course, Milk Source Holdings is not the only dairy hoping to tap into the Central Sands groundwater resource; applications for irrigation wells here have dramatically increased over the past few years and are responsible for the majority of the 40 percent increase in applications the state has seen since 2011. And, other continued on next page

Winter 2014

The Central Sands region is particularly susceptible to the impacts of the increased pumping ... rivers, lakes and streams here are nearly 100 percent fed by groundwater Moreover, one-third of the 288 billion gallons of groundwater withdrawn annually in Wisconsin comes from the Central Sands, which covers just 5 percent of the state’s area Many lakes, rivers and streams here have already shown the drastic effects overpumping can have on nearby surface waters, at times drying up farms are vying for the resource. In 2012, Wysocki Family Farms submitted an application for 49 high-capacity wells to support a large agricultural operation it hopes to develop in Wood County, just north of the Milk Source Holdings’ operations.

These issues have caught the attention of the public, but they have also caught the attention of state legislators. In early 2013, a budget motion passed that limited citizens’ legal options to prevent overpumping. Also in 2013, Sen. Neal Kedzie introduced 2013 SB 302, a bill that would significantly reign in DNR’s review of high-capacity well applications. The bill threatens DNR’s ability to adequately protect groundwater resources by limiting review of existing wells, the conditions DNR can place on approvals, and the amount of scrutiny that applications for new wells can receive. The bill does nothing to address current gaps in Wisconsin’s management structure for high-capacity wells, such as the ability to adjust pumping rates in areas already seeing the significant impacts of unsustainable pumping.

In short, the Central Sands is facing a huge challenge over the allocation of groundwater resources. However, the challenge is not insurmountable. DNR has a clear authority and duty to protect this resource, and citizens have stepped up to bring legal challenges where they believe that DNR has not met its charge. There are many moving parts to groundwater management in Wisconsin that will play out in 2014. Clean Wisconsin will continue to fight to protect this resource.

Stay up to date Sign up at www.cleanwisconsin.org/ protect-your-groundwater

Over the Limit

By Elizabeth Wheeler, Staff Attorney

WPS fighting to emit more mercury at Weston plant

Fish Lake, Waushara Co.

Pleasant Lake, Marquette Co., 1996 Pine Lake, Waushara Co.

Pleasant Lake, Marquette Co., 2013 Above photos courtesy of Central Sands Water Action Coalition

Courtesy of Wisconsin Center for Investigative Journalism/Kate Prengaman

The Weston power plant, located outside Wausau, is part of Wisconsin’s old, outdated coal fleet. While many Wisconsin coal units have been announced for shut down due to legal action by EPA or environmental groups, the Weston plant’s life has been extended by the addition of costly pollution-control technology and the construction of a new coal boiler in 2008. Emitting nearly 4.5 million metric tons of carbon dioxide per year, Weston is the fourth-largest source of greenhouse gas pollution in the state and contributes a significant amount of smog, soot, mercury and other toxic pollutants to our environment each year.

Although that plant has been running, its air permit renewal application sat at DNR for nearly four years before it was updated with new pollution limits required under the Clean Air Act. In fact, in summer 2012, Clean Wisconsin sued DNR to force it to issue the revised permit, and once a revised permit was issued in August 2013, it contained lax requirements for Weston’s mercury emissions. Despite recent construction of what was claimed to be state-of-the-art mercury controls, the facility’s permit allows significant amounts of mercury to be released through the stacks at Weston Unit 4. The company’s own testing showed that it is able to reduce mercury emissions down to 0.21 lbs/TBtu, yet the DNR is allowing the facility to emit nearly four times that amount. The worst part is that Wisconsin Public Service (WPS) has sued DNR over this limit, arguing the limit is too low and is requesting a limit more than twice as high: 1.7 lbs/TBtu. That’s eight times higher than what the facility is capable of achieving.

Because mercury is such a toxic pollutant, it is subject to the highest pollution standards under the Clean Air Act. Weston must prove that it is removing mercury using the maximum available control technology. According to the company’s own data, the maximum achievable reduction is much, much lower than the limit it’s requesting.

In the fall of 2013, Clean Wisconsin challenged the mercury limit in Weston’s air permit. We anticipate hearing the case in early 2014.

www.cleanwisconsin.org 7

Winter in Wisconsin may mean different things to different people, but snow and ice are always the major theme. And when that snow and ice piles up on roads, driveways and sidewalks, it also becomes one of winter’s major tasks.

Removing snow and ice is a huge investment of both time and money in our state. Each year, tens of millions of dollars are spent to spread millions of pounds of salt on Wisconsin’s roadways. While these costs are easy to relate to, there is a less obvious environmental cost.

When road salt melts snow and ice, it is breaking down into the chemical elements sodium and chlorine. These elements can harm nearby plants and pollute our waters when they run off in the spring. Even worse, when they get into our water supplies, they accumulate over time. According to the DNR, between 1975 and 2004 increases in chloride levels of 246 percent, 551 percent and 282 percent, respectively, occurred in three of Madison’s wells, due in part to road and sidewalk salt. And a monitoring report by the EPA shows Lake Michigan’s average chloride level was increasing by about 0.1 milligrams per liter every year, largely due to road salt and other human activities. While the chloride levels are within acceptable EPA levels for safe human consumption, higher chloride levels in Lake Michigan may contribute to the invasive species problem by making the water more hospitable to saltwater species that thrive in a slightly briny mix.

So what can be done about it?

On the large scale, there is no easy solution; the only real way to cut down is to cut back.

For instance, plowing more often and sooner after snow falls reduces the need for melting materials, as can changing expectations to allow more snow to stay on roads that are less travelled. Many communities are working along these lines to monitor and reduce their salt use as much as possible and are establishing salting procedures and finely calibrating machinery.

Some have also enacted preventive measures like pre-wetting roadways with salt brine and sand. However, none of these completely eliminate the need for ice-melting materials.

Some communities are hard at work to find better alternatives to rock salt. In 2008, Polk County took recycling to a new level when it began using cheese brine, a salty byproduct of the cheese-making process, to de-ice roads. Each year, the county uses 35,000 to 50,000 gallons of brine, and in the first year, in addition to curbing its salt use, Polk County saved $40,000. Other communities have looked at other substances as well, although none are without environmental impacts.

Fortunately, at home, the best solution is also the cheapest: simply make sure to shovel snow shortly after it falls. By getting it off driveways and sidewalks before it has the chance to pack down or melt and refreeze, you can keep it from ever turning into slippery ice. This, by the way, is also the only method that works at the very low temperatures we had this winter.

If you do need more traction, sprinkling sand on top can help and any excess can be swept to the side; however, be sure to brush off or change shoes when you go indoors, as sand tracked inside can be wearing on carpets and floors. Birdseed can also be used for a similar effect, with the advantage that wildlife will do the clean-up work for you. This will also help

By Tyson Cook, Staff Scientist preserve your surfaces: the snow and ice only melt temporarily from salt, and the water that gets into the cement causes damage when it freezes again.

Clearing snow and ice to make roadways, driveways and sidewalks safe is an important winter chore, but it can have unintended environmental consequences. Take a moment to consider your options before dousing your driveway in salt this winter; a low-salt diet and a little sweat equity can help keep your yard and pets — as well as Wisconsin’s air, soil and waterways — cleaner and healthier.

Under the Lens

THE SEASON OF SALT

Legislative Leaders

Rep. Mike Kuglistch First elected in 2010, Representative Mike Kuglitsch (R-New Berlin) was recently announced as the Chairman of the Assembly Energy and Utilities Committee, serving a leadership role in shaping energy policy in Wisconsin.

“Being appointed chairman of the Energy and Utilities Committee is an honor, and a job I take very seriously,” Kuglitsch said. “I have spent the last couple months really just getting to know the stakeholders in the energy world, like Clean Wisconsin, and learn about the issues of importance.”

Rep. Kuglitsch represents the 84th Assembly District, which encompasses parts of New Berlin, Greenfield and Milwaukee. Kuglitsch has lived his entire life in Southeastern Wisconsin with his wife and four children. Before his election to the Assembly, he was a small business owner and still works as a business consultant.

Rep. Kuglitsch has also served in leadership roles with the Wisconsin Bowling Centers Association, New Berlin Chamber of Commerce and Wisconsin Restaurant Association.

In addition to his chairmanship, Rep. Kuglitsch serves on the Assembly Committee on Jobs, Economy and Mining, which oversaw legislation in 2012 and 2013 that eventually became our new iron mining law. His focus and experience with job creation has also landed him spots on the Labor Committee, Workforce Development Committee and International Trade and Commerce Committee.

“I understand the important role a reliable energy sector plays in fostering a robust economy,” Rep. Kuglitsch said. “Helping to shape the future of our energy policy in Wisconsin is a great responsibility, and my committee will be listening to all the voices of the public and stakeholders when making decisions.”

8

84th Assembly District R-New Berlin

office phone: 608-267-5158 Rep.Kuglitsch@legis.wi.gov

Winter 2014

GTAC Saga continued from cover

streams, and put the public at risk by exposure to mercury and cancer-causing asbestos. At the very least, Wisconsinites deserve responsibility and accountability, two things GTAC refuses to offer.

Iron mining is an ecologically disruptive industry, and the DNR report sheds light on potential issues. Brushing off scientific concerns is irresponsible to say the least, but any company that barges into our state, writes itself a new law and still thumbs its nose at environmental regulators cannot be trusted to protect Wisconsin’s natural resources. And we aren’t the only ones who recognize that neither GTAC nor the new mining law can be trusted.

Just before Christmas, the U.S. Army Corps of Engineers informed DNR that it can’t work jointly to develop an EIS as the differences established in the new mining law don’t align with the Corps’ strong, established review standards to protect our air, water and natural environment. We weren’t surprised by the Corps’ decision; we had warned legislators during mining debate that this would likely happen and it would jeopardize Wisconsin’s role in the review process. What this means is that the federal government’s review won’t be artificially truncated by the unreasonable timeframes of Wisconsin’s stripped-down law written by mining interests, but it also means the DNR’s review is even less meaningful and that the Corps will drive this process as it has a longer timeframe to do so.

None of this should come as a surprise; from the start we’ve raised questions, loud and clear, about GTAC’s intentions and the harm that could be caused to our state. Yet the bully tactics and disrespect for our natural resources continue.

GTAC’s bulk sampling application has been approved and the project continues to advance, but resistance is slowly rising. The Milwaukee Journal Sentinel has opined that the new mining legislation should be reconsidered, and the Army Corps of Engineers’ letter assures that the pace of the project will be significantly slowed. With your support, we’ll continue to monitor this issue to uphold Wisconsin’s proud environmental tradition and stand up to irresponsible, arrogant out-of-state profiteers who want to mine our resources and leave only their pollution behind.

To stay updated on this issue, follow us on Facebook or join our email Action Network at

www.cleanwisconsin.org/wimining

Asbestos, Lung Cancer & Iron Mining

Electron microscope image of asbestos, United States Geological Survey

What is asbestos?

Asbestos is the name for a category of natural minerals. Specifically, it is any one of six long, thin, fiber-like silicates. Highly resistant to heat and fire, it was used for a number of purposes throughout the 19th and 20th centuries.

Why isn’t it used anymore?

Asbestos has been widely banned since it was discovered to be highly toxic, causing mesothelioma, a rare, dangerous and nearly untreatble cancer, as well as other types of lung cancer and disease. With mesothelioma, symptoms often don’t develop until 30 or more years after exposure and the average survival time after diagnosis ranges from 4 to 18 months.

Over 100,000 people die each year from diseases caused by asbestos, including thousands annually in the United States.

Connection to iron mining

Asbestos and asbestos-like mineral fibers can occur naturally near iron deposits where they can be easily disturbed and released into the air by mining activities. An asbestos form of grunerite, an ironcontaining silicate, has been confirmed in the area around the proposed Gogebic Taconite mine.

A recent multi-million dollar study in Minnesota found asbestoslike materials in the air at iron mines and in nearby communities.

The study also found that iron workers here developed mesothelioma at a rate nearly 200% higher than expected.

Business As Usual

Report shows Wisconsin can cut carbon 43% with programs, policies already in place

By David Hunt, Communications Director

Cutting carbon more than 40 percent below 2011 levels may seem like a lofty goal, but it can be done. And not only can it be done, but it can be done right here in Wisconsin in the next six years with the help of policies and programs we already have in place.

That’s according to a recent analysis by the World Resources Institute (WRI), a global research organization. WRI took a comprehensive look at Wisconsin’s energy market and made some very encouraging findings.

By 2020, it’s possible for Wisconsin to see a 43 percent carbon reduction below 2011 levels. That projection is built on a foundation of programs like Focus on Energy, the state’s renewable energy and energy efficiency program, and Wisconsin’s legislated Renewable Energy Standard (RES), but spans the board by identifying efficiency opportunities in fossil fuel power production. In fact, of that 43 percent, 10 percent was linked to optimizing natural gas and coal plant operations. The report also advised that expanding the use of waste-heat systems, which already are hard at work in many university and hospital buildings, could amount to an 11 percent reduction.

In short, we’re talking about real, achievable and practical solutions, but solutions that require attention and action.

Start with the RES, which is already on pace to have renewables make up 10 percent of the production market by 2015. Keeping that momentum through 2020 would produce an additional 6 percent reduction. Nine percentage points of the 43 percent reduction is possible by extending Focus on Energy past 2015. Not to mention, both will save a lot of time, money and energy in the long run.

Still, there is even bigger context to consider. With the Environmental Protection Agency in the process of strengthening carbon standards as part of President Obama’s Climate Action Plan, like many states Wisconsin will be under pressure to produce cleaner power.

WRI’s report shows this is nothing to be afraid of as Wisconsin is in prime position to take practical, economic and efficient steps toward a cleaner future. www.cleanwisconsin.org 9

President’s Circle $25,000+

Investors $1,000–$2,499 Anonymous (5) Amy Gilliland Carl Sinderbrand Daniel Smith MD & Marcia Smith DW & Christena Benson Edward & Ann Hastreiter Gof & Mary Thomson Henry Anderson MD & Shirley S. Levine Jack Westman MD Karin Sandvik Katharine Odell Kurt Sladky & Deb Neff

Anonymous

Philanthropist $10,000–$24,999 The Kailo Fund

Patrons $5,000–$9,999 Anonymous (2)

Benefactors $2,500–$4,999

Laurie & Richard Kracum Liz Middleton Luke & Carol Fairborn Margaret Baack & Michael McAdams Margi & David Kindig Peggy Scallon MD & Mark Redsten Richard Gosse DDS & Karen Gosse Robert Hagge Jr. Susan & Jerry Greenfield Thomas Schlueter MD & Ellen Neuhaus MD

Thank you to these founding members of

Clean Wisconsin’s Environmental Pillar Society for their dedicated generosity to our work!

To become a member or for more information regarding the benefits of the Environmental Pillars Society, contact development director Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org.

Leaving a Legacy

How the Middle Class Can Be Philanthropists!

By Melinda Gustafson Gervasi

Predating democracy, capitalism and organized religion and as old as humanity itself, philanthropy exists because things often go wrong — and can always be better. Society’s current understanding of philanthropy focuses on images of gated estates and the likes of Bill Gates and Oprah, but the word itself means generous help or benevolence toward one’s fellow man. Philanthropy is not an exclusive act for those with a seven-figure net worth: Anyone can leave a legacy.

Each day I work with clients in my legal practice who make bequests to favored charities. My clients fall solidly into “the middle class,” yet they give and those gifts make a difference in the world of a nonprofit. It was from these client meetings that I got the idea to write Middle Class Philanthropist: How anyone can leave a legacy.

At the surface, most literature related to the benefits of personal philanthropy relates to tax breaks. The benefits, however, extend beyond the tax code. A well-thought-out final gift at your death to the nonprofit where you regularly volunteered can produce a perpetual stream of revenue. Giving at the end of life also sets an example for your children and grandchildren to do the same. And it simply feels good; brain research shows charitable donations stimulate portions of the brain associated with pleasure.

Inspired, but need more motivation to tackle the task of creating or updating a will and other end-of-life documents? Between

now and 2052, $41 trillion will pass from the Boomer generation to the next ... what might our world look like if 10 or even 5 percent was directed to nonprofit organizations?

Gail Shefield, a woman profiled in my book, saw this possibility and took control. Her will directed her home to one nonprofit and her remaining cash to another. The amount given may be considered modest, but the sum provided a huge boost to the financial situations of two nonprofits where she volunteered working to stem feral cat populations. One word of caution though: Sadly, the nonprofit world is not void of fraud or scams. Moreover, not including the full legal name of the organization you intend to include can cause confusion and dispute.

Philanthropic giving doesn’t require you to Join Melinda & visit a lawyer’s office. Consider updating benClean Wisconsin for a eficiary forms for life insurance or retirement accounts to include a nonprofit. My personal free, no-obligation favorite form of philanthropy is directing inseminar about lieu-of-flowers donations to a specific cause or nonprofit. The options are endless and within planned giving reach of anyone motivated to make one final gesture of charity. Anyone can leave a legacy. Wednesday, Feb. 19, 10 a.m.

Melinda Gustafson Gervasi is an attorney and author who lives in Madison. Her legal practice focuses on wills, powers of attorney, trusts, probate and related matters. In November 2013, she released her first book, Middle Class Philanthropist: How anyone can leave a legacy. Read more about the book at www.purpleowlpress.com.

Middleton Public Library 7425 Hubbard Ave., Middleton RSVP to Jake Immel at jimmel@cleanwisconsin.org or 608-251-7020 x23

www.cleanwisconsin.org 11

SAVE THE DATE! A night with celebrity chefs for

Wednesday, October 8, 2014 The Edgewater Hotel, Madison Join Clean Wisconsin for An Epicurean Evening, an inaugural event with celebrity chefs to benefit Clean Wisconsin’s statewide work for breathable air, drinkable water, clean, efficient energy and the places we all love.

As one of the first events to be held at the spectacular Edgewater Hotel following its reconstruction and grand re-opening, this fundraising dinner features a delicious dining experience, including fine wines and spirits, prepared by local all-star chefs and a mixologist from Madison’s finest restaurants.

Featured at the 2014 event:

Chef Dan Fox, Heritage Tavern Chef Tory Miller, L’Etoile Chef Jonny Hunter, Underground Food Collective & Forequarter Chef Anna Dickson, Merchant Mixologist JR Mocanu, Merchant An Epicurean Evening also includes live and silent auctions and a wine pull.

Cocktails begin at 5:30 p.m., with dinner served at 7 p.m. The live auction will conclude the event. Tickets are $150 per person or $1,200 per table of 8.

Clean Wisconsin is seeking sponsorships and auction donations to support this inaugural event!

To inquire about our sponsorship packages, contact Angela Cao, development director, at 608-2517020 x17 or acao@cleanwisconsin.org. If you can donate an auction item, a stay at your inn or other special experience, contact Jake at jimmel@cleanwisconsin.org or 608-251-7020 x23.