Mecklenburg sounds off 

Page 5 of 9

MCWQP Response:

The MCWQP monitors water quality in lakes and streams on a regular basis at over 95 locations throughout Mecklenburg County. This extensive monitoring network is designed to detect sewage spills that are occurring and to track trends in water quality conditions. Mecklenburg County has by far the most comprehensive water quality-monitoring program in the State of North Carolina. Through this monitoring, we protect the citizens of Mecklenburg County by identifying surface waters impacted by various contaminants, tracking the source of these contaminants, and eliminating their source.

CL response: MCWQP's efforts to monitor "surface waters impacted by various contaminants" is certainly appreciated; unfortunately, that's not what CL's article was about. It was about sewage spills.

As the article pointed out, efforts to "eliminate sources" of raw sewage pollution, 99 percent of which is due to spills by CMU, are very inconsistent at best. That was the point of detailing the history of the 14 Long Creek spills, which were documented but largely ignored by county and state enforcers before the 3.7 million gallon spill at Long Creek that fouled the creek and nearby swimming waters.

It's also questionable how MCQWP's monitoring would protect citizens when not a single fine has been levied against CMU for 815 spills totaling 12 million gallons --whether the water downstream was tested afterward or not. Once more, we contend that even though MCWQP isn't required by the state to test the water, it seems reasonable that the organization specifically paid by the county to oversee our water quality would take it upon itself to test the water after sewage spills. In deciding not to collect evidence, the county fails to do its enforcement jobs and lets polluters off the hook. This was the point of the story, which MCWQP has not addressed and apparently has chosen to ignore.

MCWQP Response (cont.):

When sources of pollution, such as sewage spills are located, the MCWQP consults with state officials to brief them on the circumstances and receive instructions on how they wish to proceed since they are the entity responsible for administering penalties and enforcement actions. If the state does not feel that a spill meets their criteria for enforcement, the MCWQP does not pursue this avenue any further. What the MCWQP does do in this instance is ensure that the spills are cleaned up in accordance with protocol and that steps are taken to minimize any impacts to surface waters. By doing this, the MCWQP minimizes any potential exposure to citizens.

CL response: We agree; in fact, our article doesn't contradict this statement. However, posting signs along creeks and streams to warn people of health dangers would additionally help "minimize any potential exposure to citizens," which the article pointed out.

* Creative Loafing Article:

"Rozzelle said that ultimately, the decision on whether water quality enforcers will test after a spill is up to Regional Water Quality Supervisor Rex Gleason in the NCDENR Mooresville office. But the enforcement agreement between the state and the county reads differently. It plainly says that MCWQP is responsible for collecting necessary evidence for legal action against the spillers and forwarding it to the state." Page 28 - Column 1 - Paragraph 4

MCWQP Response:

As stated previously, the MCWQP does not have the authority to unilaterally pursue penalties or enforcement against a spiller. Since every spill situation is different, MCWQP consults with state officials to receive instructions on how they wish to proceed.

Ms. Servatius's statement in her article regarding "the enforcement agreement" is misleading. The exact wording as contained in the 2000-2002 Memorandum of Agreement between the MCWQP and the DWQ regarding enforcement is as follows:

Enforcement

1. MCDEP recognizes that DWQ will retain exclusive authority and responsibility for the assessment of administrative penalties or for instituting legal action for violation of State statutes and regulations. DWQ will provide MCDEP with a copy of DWQ's enforcement procedures as well as all current State Water Quality regulations and will provide copies of any future changes.

2. MCDEP will be responsible for the acquisition of the necessary evidence for the initiation of administrative or legal action by DWQ in Mecklenburg County as outlined in DWQ's enforcement procedures. MCDEP may contact MRO to discuss potential enforcement actions.

3. DWQ will provide MCDEP with enforcement documents and records, which may include Findings and Decisions and Assessment of Civil Penalties, Injunctions, Requests For Remission of Civil Penalties, Petitions For A Contested Hearing, Prehearing Statements, Interrogatories, etc., where MCDEP is directly involved.

4. MCDEP will submit to MRO draft enforcement reports/recommendations within 15 working days of being notified by MRO of the need to prepare such drafts as being indicated through the investigation of complaints or emergency episodes or the inspection of discharge or non-discharge facilities.