COVANTA’S HISTORY IN AMERICA Covanta is a large multi national company with a long history in America. In this section of my submission I wish to draw your attention to Covanta’s poor record with regard to its treatment of its work force and with regard to emission violations. ________________________________________________________________________ Covanta Environmental and Labor Violations Covanta Energy, a U.S.-based waste incineration firm, has been cited by U.S. regulatory agencies for the following violations of environmental and labor statutes: Environmental Violations In October 2008, the Pennsylvania Department of Environmental Protection fined Covanta U.S. $45,600 for excessive emissions of toxic nickel and related compounds at an incinerator the company operates near Philadelphia. Nickel emissions for a waste combustor at the plant were more than twice the permitted level, according to tests conducted in November 2006.1 Nickel compounds are known human carcinogens, according to the World Health Organization. In September 2008, the Massachusetts Department of Environmental Protection cited Covanta for exceeding the allowable emission rate for dioxins and furans at its incinerator in Pittsfield by nearly 350%, according to tests conducted in 2007. The agency also cited the facility for failing to report other violations of its operating permit during 2008, and fined Covanta U.S. $7,653.2 The World Health Organization also classifies dioxin as a known human carcinogen. The Florida Department of Environmental Protection fined Covanta U.S. $11,100 in July 2008 for excessive dioxin/furan emissions at the company’s incinerator in Okahumpka earlier that year.3 In September 2007, the Connecticut Department of Environmental Protection cited Covanta for excessive dioxin/furan emissions at the company’s incinerator in Wallingford during July 2007.4 In March 2006, the Hawaii Department of Health found that an incinerator Covanta operates near Honolulu had exceeded the emission limits for dioxin/furan and lead during 2005, and fined the company U.S. $6,200.5 1 The New Jersey Department of Environmental Protection has repeatedly cited Covanta for air pollution at three incinerators the company operates in that state. During 2009, the agency has fined Covanta U.S. $26,900 for violations at a facility in Warren County from 2003 to 2007, and U.S. $20,000 for violations at a facility in Union County from 2007 to 2009. The violations at both incinerators included excessive emissions of sulfur dioxide and carbon monoxide.6 In August 2008, the New Jersey agency also fined Covanta U.S. $14,025 for air pollution violations at the company’s incinerator in Newark from 2006 to 2008, including for illegal carbon monoxide emissions and for exceeding the state’s “opacity” limits for visible emissions.7 The Pennsylvania Department of Environmental Protection has repeatedly cited an incinerator Covanta operates in rural Lancaster County for air pollution violations. Since 2005, the agency has issued ten “consent assessments” against Covanta at the facility, penalizing the company a total of U.S. $131,800. The violations have included excessive emissions of sulfur dioxide, carbon monoxide, hydrogen chloride, and nitrogen oxide from 2004 to 2008.8 Labor Standards In June 2009, the U.S. Department of Labor cited Covanta for serious violations of safety rules at its incinerator in West Wareham, Massachusetts, and imposed penalties of U.S. $13,500. The violations included an accumulation of fly ash on energized 208-volt electrical equipment, flexible cords “hot-wired” into electrical equipment as a substitute for fixed wiring, unguarded lamps exposing workers to burn hazards, and emergency lighting units missing or not functioning. The Department cited the same Covanta facility in April 2009 for safety violations found during an October 2008 inspection, and fined the company U.S. $6,375. The unsafe conditions included electrical equipment “maintained” with cardboard and duct tape, and improper storage of oxygen and acetylene cylinders side-by-side with no barrier between them.10 In addition, the safety agency had previously cited Covanta for failing to require employees fighting a fire inside the West Wareham plant in March 2007 to wear appropriate protective clothing.11 In May 2009, the U.S. National Labor Relations Board issued a complaint charging Covanta with maintaining illegal work rules at 46 Covanta facilities throughout the U.S. The government’s complaint is scheduled for a hearing in October 2009. 2 In June 2009, the Board amended its complaint, charging Covanta with numerous other unfair labor practices at the West Wareham plant, including by illegally withholding bonuses and wage increases from employees at the facility because they had voted for union representation For Release: November 5, 2009 Contact: Edmund.Coletta@state.ma.us 617-292-5737 MassDEP Issues $4,000 Penalty to Covanta Springfield's Waste Combustor Facility for Air Quality Violations Covanta Springfield, LLC in Agawam has been assessed a $4,000 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for air pollution control violations. In November 2008, Covanta Springfield self-reported the violations to MassDEP. The municipal waste combustor facility, located at 188 M Street, reported that it did not maintain the appropriate carbon injection rate to one of its combustor units. In addition, an alarm failed to sound when the activated carbon flow to the combustor unit stopped. The activated carbon filters air emissions from the unit. Other violations identified included a failure to submit air quality modeling results in a timely manner, and failure to provide MassDEP with correct information on its monthly reports. Covanta Springfield has cooperated with MassDEP to address the noncompliance issues, and has entered into a consent agreement to fully correct the violations and agreed to pay a penalty of $4,000. The company has also agreed to install and operate an "oxygen continuous emission monitoring" system to improve the facility's air quality monitoring capability. "Air pollution control equipment must be operated and maintained as permitted to achieve the maximum emissions reduction. These controls are critical to ensuring a safe environment and MassDEP will vigorously enforce air quality requirements," said Michael Gorski, director of MassDEP's Western Regional Office in Springfield. MassDEP is responsible for ensuring clean air and water, safe management and recycling of solid and hazardous wastes, timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources. 3 Below is an excerpt from a letter sent to the Dioxin Review Panel in America: July 12, 2010 Download the PDF with Full Scientific Analysis and References. Dr. Timothy Buckley, Chair Dioxin Review Panel Science Advisory Board Environmental Protection Agency (EPA) Washington, DC Dear Dr. Buckley, Twenty-five years after publishing its first assessment of dioxin, a common industrial pollutant and food contaminant, the Environmental Protection Agency (EPA) has yet to establish a safe daily dose for human exposure to this potent chemical. This important assessment, once completed, would serve as a cornerstone and working model for the agency’s efforts to protect public health from chemical contaminants. See full report on: http://www.ewg.org/dioxin/analysis ________________________________________________________________________________________________ LAKE FRONT October 29, 2003|By Lauren Ritchie, Sentinel Columnist Mystery has always enveloped Lake County's infamous deal to build a garbage-burning incinerator. In the end, Lake County commissioners gave a company that became Covanta Energy a $200 million gift in the form of an incinerator, complete with all the bond financing, and operations and maintenance costs through 2014. Tuesday -- after more than two years of wrangling -- commissioners wisely approved a compromise deal engineered by commission Chairman Welton 4 Cadwell to trim about 10 percent off the cost and shorten the term of the contract with Covanta, which operates the incinerator in Okahumpka. But an ex-partner is wedged in the middle of this newly forged lovefest, and his name is F. Browne Gregg. The 81-year-old Leesburg industrialist slipped into the horse-trading near the beginning and has since been lurking in the background, not entirely divorced from the deal. Gregg, who in 2000 sold his flagship company Florida Crushed Stone for $348 million, could torpedo the new agreement between the county and Covanta if he can convince a New York judge that the waste-to-energy firm owes him $31.7 million under secret contracts. Covanta won't be able to shave $20 million off Lake's bill if a judge rules that Covanta has to pay Gregg instead. Gregg's role was clear at the beginning: He bought NRG Recovery Group, the company that first proposed an incinerator and obtained permits to build it. Later, he hooked up with Ogden Martin Systems Inc., which eventually became Covanta, in a joint venture to build and run the plant. In October 1988, just as commissioners were puckering up to smooch the bond sale, then-County Attorney Chris Ford announced that Gregg had sold his interest to Ogden, but the sale wouldn't affect the county one iota. Ford was either misinformed or not truthful, but he died in 1997, so we'll never learn what he really knew. The truth began to seep out when Gregg and Ogden got into a court battle about the ash. Documents showed that Gregg still had a huge stake in the garbage-burning plant that allowed him to collect millions from Lake taxpayers -- through Covanta -- through the years. Lake officials never knew ________________________________________________________________________ 5 Hesperian Foundation Weblog: Individual Post July 20, 2010 Environmental Justice in Detroit and Beyond – Fighting the World’s Largest Trash Incinerator The next time some perky, well-meaning health professional cheers you on to take charge of your health, remember to ask her how to do it without breathing. That’s what it would take for Detroit residents who live in the shadow of the world’s largest incinerator, owned by Covanta. A coalition, including local environmental justice groups, the Teamsters, and neighborhood residents, is calling for the plant to be closed. Hesperian staff and several hundred others attending the US Social Forum, joined them by participating in a march on June 26. The coalition says, “Detroit’s children suffer asthma rates three times the national average. The municipal incinerator is a major contributor to these devastating health impacts. Meanwhile, the recycling rate in the city is less than a third the national average.” They are advocating for resources to be put into recycling instead of incineration, which provides good jobs and is better for people and the planet. As we walked through the urban neighborhood near the incinerator, marchers covered their faces, choking on the thick, foul air. We walked by a park, a school, a church, and down residential streets, where people daily breathe in the incinerator fumes. We were appalled to see houses literally right next to the incinerator. The march made it painfully clear to us that whether we are able to live healthy lives has only partially to do with the individual decisions we make or our genetic makeup. More critically, our health is a product of our environment, of our social, political, and economic realities. Activists from Detroit and around the country described those diverse but connected realities and their common struggles for health and environmental justice—fighting coal mining in West Virginia, trash incineration in New Jersey, and the Chevron oil refinery right here in Richmond, CA. Their 6 stories echoed others we had heard earlier that week, of people fighting for their right to health in communities across the country and around the world, often in the face of incredible odds. Detroit’s weekly, The Metro Times, described the march in their summary of the USSF: On Saturday, when an estimated 1,000 people marched from the city's main public library on Woodward Avenue to the incinerator located near the intersection of Interstates 94 and 75, residents of the 48217 ZIP were shoulder to shoulder with environmental activists, out-of-town forum attendees, people living around the incinerator and a dozen men wearing shirts that identified them as "Teamsters for Clean Air, Good Jobs & Justice." Asked why Teamsters would be supporting an action like this, one of them replied, "We breathe the air too." And, moreover, said organizer Alex Young, recycling operations in places like Oakland, Calif., are providing union members good-paying, green jobs. Among those joining the march on what has been described as the world's largest incinerator was Cynthia Mellon of Newark, N.J., home to what she said is the world's second-largest incinerator. "We didn't know you existed before," she told the Detroiters. "Now we are all part of a big cause." San Francisco author and historian Chris Carlsson described the action to close the incinerator on his blog: “Demonstrations took place around Detroit to address local issues, from a small-ish demo outside DTE Energy, the local utility, to a larger march on Saturday against a massive trash incinerator. …. Incineration of trash instead of a curbside recycling program is a self-defeating industrial process. The utility claims that burning trash to make electricity in a state-of-the-art facility reduces carbon emissions over putting it all in landfill, which is questionable at best. But if you take into account the “externalities” of local health problems, air pollution, etc., not to mention that it takes rather fewer people to collect the garbage and dump it into an incinerator than it does to run a robust recycling program that makes use locally of the materials it recycles, and you are compounding a whole series of social problems… I learned later that the fight against the incinerator has been going on for over 20 years!” 7 Hesperian has long recognized the connection between health and the environment. Our newest book, A Community Guide to Environmental Health focuses on giving people the tools to address environmental problems in their communities. It includes an entire chapter of alternatives to incineration to deal with solid wastes, as well as detailed plans for health clinics to safely handle health wastes without burning. Photo by Amanda Starbuck ________________________________________________________________________ Incineration is Big Climate Problem, New Report Says RallyToday to Affirm That Closing Detroit Incinerator is a Necessary Step to 1 June 18, 2008 Earlier this month, The Greater Detroit Resource Recovery Association (GDRRA) communicated to Convanta, the operator of the Detroit incinerator, that GDRRA will not renew the facility’s lease. It is still not clear if GDRRA has intentions of continued incineration of Detroit’s solid waste. Detroit has the largest incinerator in the world. Opponents of the incinerator have long expressed concerns about the negative health and economic impacts of the incinerator. A new national report titled Stop Trashing the Climate shows that closing the incinerator and implementing a recycling program in Detroit is also a necessary step to reduce the city’s impact on climate change. 8 September 27, 2010 Covanta Settles CAA Suit Over NJ Incinerator Law360, New York (September 27, 2010) -- Two New Jersey environmental groups have settled a lawsuit against Covanta Energy Corp. that alleged a municipal incinerator the company runs on behalf of Essex County is spewing carbon monoxide and other dangerous chemicals into a Newark neighborhood at levels that violate the Clean Air Act. Covanta must install new, cleaner technology on all three boilers at the incinerator by July 2011 and hire an independent consultant to verify reductions in the plant’s toxic emissions, according... Source: Covanta Settles CAA Suit Over NJ Incinerator - Law360 __________________________________________________________________________________________ Blumenthal sues power plant BY KEITH LORIA August 19, 2010 HARTFORD, Conn. (Legal Newsline) - Connecticut Attorney General Richard Blumenthal announced on Wednesday that he has filed a lawsuit against a power plant for allegedly releasing dangerous air emissions repeatedly. Covanta Energy has allegedly been emitting excessive levels of the chemical dioxin at its trash-to-energy plant. Covanta was alerted to the emissions and charged over them three years ago. That matter was settled in November, when Covanta agreed to pay $355,000 for similar allegedly unpermitted dioxin emissions. "Our legal action follows a repeat environmental violation - excessive emissions of toxic dioxin," Blumenthal said. Source: Covanta incinerator closed and being sued for excessive dioxin ... 9 The Rutgers Environmental Law Center at Rutgers University in New Jersey has filed a notice of its intent to sue Covanta over repeated Clean Air Act violations at the Essex plant, the state's largest garbage incinerator. Superfund site in New Hampshire and will have to pay its share of an estimated $48 million cleanup there. Covanta sent more than 43,000 gallons of waste oil to the Beede recycling site in the 1990s and is liable in part for the mishandling of those wastes by Beede, according to the U.S. Environmental Protection Agency. -2340 or scott.harper@pilotonline.com. Reach Tim McGlone at (757) 446-2343 or tim.mcglone@pilotonline.com. Ironbound Community Corporation and GreenFaith Announce Settlement Newark Incinerator Takes Steps for Cleaner Air GreenFaith, the Ironbound Community Corporation, and the Eastern Environmental Law Center announced that they had reached a settlement with Covanta, the owner/operator of the Newark incinerator, in a suit brought over Covanta’s hundreds of violations of its air emissions permit. Oct 01, 2010 NEWARK, NJ ‐ The Ironbound Community Corporation (ICC) and GreenFaith are pleased to announce that they have reached settlement with Covanta in a case involving air emissions violations at the garbage incinerator located in the densely populated Ironbound section of Newark, New Jersey. The Eastern Environmental Law Center (EELC) represented ICC and GreenFaith throughout the litigation and settlement. On February 20, 2009 EELC filed a lawsuit on behalf of ICC and GreenFaith in the United States District Court for the District of New Jersey alleging that ………. Covanta had violated federal Clean Air Act pollution limits concerning the emission of sulfur dioxide, carbon monoxide, and fine particulate matter on hundreds of occasions. 10 The Newark incinerator is the largest garbage incinerator in New Jersey, with the capacity to burn up to 2,800 tons of municipal solid waste every day. It accepts garbage from virtually all of Essex County and much of Manhattan. According to the New Jersey Department of Environmental Protection, the incinerator emits more mercury, a potent neurotoxin, than any other incinerator in New Jersey Ironbound Community Corporation and GreenFaith Announce Settlement ... ________________________________________________________________________ Waste-to-energy incineration is both noxious and expensive by Joyce Nelson National Office | The Monitor Issue(s): Environment and sustainability February 1, 2010 At the “Waste-Based-Energy” industry conference in Toronto last November, the Tony Yorkville hotel meeting room was filled with consultants, lawyers, company reps, and municipal bureaucrats, all talking trash: waste tonnage spread-sheets, the seeming evils of landfill sites, the supreme benefits of burning municipal solid waste (MSW) to make energy. There was even some serious discussion about whether or not to just give in and call it “incineration” – an old-fashioned word that Canadians just keep using, rather than terms like “gasification” or “pyrolysis” which don’t exactly roll right off the tongue. But the real focal point of the conference was the proposed Durham/York Region waste-to-energy (WTE) incinerator to be operated by Covanta Energy Corp. The proposal is currently before the Ontario Ministry of the Environment, which was scheduled to release a preliminary decision in January and make a final decision by June 2010. Speaker after speaker at the conference claimed the Durham proposal had “paved the way for others” and offered many lessons, especially in terms of managing public “fears”. Across Canada, at least a dozen municipalities and regional councils are considering WTE incineration for their residual wastes. Metro Vancouver is now formally on the path to building one or more WTE incinerators by 2015. Others, such as Ottawa and Edmonton, have made their commitment (to Plasco Energy Group and Enerkem Inc.), but those are smaller, “experimental” projects so far. So the Durham/York Region proposal excites the industry partly because it’s a big project and there’s a lot riding on it, because it’s in a province where the 11 premier “has drunk the Kool-aid” (as one speaker put it) and is onside with WTE incineration, and partly because it’s Covanta. New Jersey-based Covanta, often called “the octopus” of the industry, is the world’s largest owner of mass-burn WTE facilities, with 44 WTE plants in the U.S., an aggressive expansion plan underway worldwide, and 2008 revenues of $1.7 billion. Covanta now operates the WTE incinerator in Burnaby, B.C., and is vying to get Metro Vancouver’s waste barged over to Vancouver Island for a proposed WTE incinerator in Gold River. Covanta is also a primary funder for the key lobby group, the Canadian Energy From Waste Coalition (see box). In Durham Region, the CEFWC has come up against a concerted anti-incinerator “situation” – a “situation” that has rolled on for years, and gone right up to the wire last summer. With their excellent research skills, the anti-incinerator folks of Durham Region have “gasified” the most persistent claim made by the CEFWC and all WTE incinerator proponents: that “everything’s fine with WTE incineration abroad.” In fact, the past four years in Europe and Britain have been a seething hotbed of incineration controversy and protest -- but all those Canadian politicians going on taxpayer-financed junkets to Scandinavia and Europe to investigate WTE technology seem to have missed that part of the scene. Nonetheless, some of the best research into the health impacts of WTE incineration – especially from dioxins, furans, and nanoparticles - has been coming out of Britain and Europe (see box). The Durham Region activists have started putting that research out to the Canadian public. In June 2009, an estimated 140 delegations – most of them opposed to the Covanta WTE plant – spoke at two marathon regional council meetings, voicing a wide spectrum of concerns: missing financial data, Covanta’s long record of U.S. air emissions regulatory violations, the site’s location in an agricultural community, the tens of thousands of tonnes of toxic ash that would be generated annually, and the fact that the Medical Officer of Health Report for the proposal dealt only with the minimum capacity scenario of burning 140,000 tonnes of MSW annually, while Covanta has the option to super-size the project to burn 400,000 tonnes per year. The municipality of Clarington, the site of the project, declared itself an “unwilling host” in January 2008. 12 The project is a P3 (public-private partnership) under a potential 35-year “put or pay” contract. That means that Durham Region will have to generate 140,000 tonnes of waste per year for some 35 years (400,000 tonnes annually if the incinerator is super-sized) or pay the consequences to Covanta. Such contracts usually mean paying $200-$400 for every tonne missing – obviously, a disincentive for keeping recycling programs going. These “put or pay” contracts (which also demand large “tipping fees” for the waste delivered at the site) are part of the reason that several municipalities – for example, Port Moody, B.C., and in Ontario, Halton Region, Niagara Region, and Toronto – have backed away from incineration, at least for now. The Durham/York Region project will be partially financed under the region’s $100 million Federal Gas Tax Reserve Fund, but already that source of funding looks rather inadequate. Originally costed at $197 million, the facility’s price-tag has steadily risen to $272 million – even before construction. Sid Ryan, former CUPE Ontario president and now president of the Ontario Federation of Labour, says: “This is typical of P3 projects. They [Covanta] underbid to get the project going; then the taxpayer is on the hook for the cost overruns. This [Durham] project smells like an environmental and fiscal disaster.” Once the project is built, Covanta would be paid $14.7 million annually to operate it. Durham/York Region is hoping to further finance the project through a $140per-tonne tipping fee (the charge for accepting waste at the site), and energy sales. In December 2008, former Ontario Energy and Infrastructure Minister George Smitherman added impetus to the project by directing the Ontario Power Authority to purchase electricity from the proposed incinerator at a rate of 8 cents per kilowatt-hour: almost three times the re-sale rate and representing a significant taxpayer subsidy. “We will be importing waste from York Region (currently our 21% partner),” says the Durham Environment Watch website, “and there have been discussions with other municipalities [including Peterborough and Northumberland counties] to accept additional waste.” CUPE Ontario’s briefing to Durham Region Council stated: “Durham Region will either have to keep producing mountains of garbage to burn or will have to solicit garbage from Toronto and other parts of the GTA to keep this plant going.” The initial Environment Assessment of the project excluded the possibility of accepting garbage from Metro Toronto (which has invested in organics 13 composting, and landfill for residuals), but in May 2009, Clarington Council voted to rescind its “unwilling host” designation, and an addendum to the motion outlined a $10-per-ton tipping fee “royalty” to go directly to Clarington for waste received specifically from Metro Toronto. According to Dr. Paul Connett, a U.S. expert on incineration, for the taxpayers an incinerator is an “economic disaster,” but for a few people an incinerator is a “gravy train”. That “gravy train” is on a collision course with communities across Canada, and it will be up to an informed public to stop it. As one speaker put it at the November industry conference: “The inability to manage public perception issues is what stops [WTE incineration] projects, not the government approvals process.” (Joyce Nelson is a Toronto-based freelance writer/researcher and the author of five books. Her three-part series, “Incinerators – The Next Generation,” is currently running in The Watershed Sentinel -- P.O. Box 1270, Comox, B.C. V9M 7Z8.) ________________________________________________________________________ 14 “Everything’s Fine with WTE Incinerators Abroad” (Not Really!) June 2006: The British Society for Ecological Medicine’s report, The Health Effects of Waste Incinerators, found that modern WTE incinerators release toxic emissions implicated in asthma and respiratory illness, autism, dyslexia, allergies, attention deficit/hyperactivity disorder, Parkinson’s disease, Alzheimer’s, cancer, and birth defects. November 2006: Sixty-eight international medical/health experts released the “Memorandum of the Paris Appeal,” calling on the EU to “immediately prohibit the construction of any new incinerators” until all EU Member States have fully functioning recycling programs. October 2007: The French Group of Scientific Experts on the Dangers of Incineration (GESDI) issued a report on WTE incineration health concerns, especially reproductive disorders and birth defects. Demonstrations against incinerators took place across France, organized by 500 French medical doctors. June 2008: More than 33,000 medical doctors from the EU sent a letter to the European Parliament opposing the redefinition of WTE incineration as “recovery,” and expressing concerns about the health effects from WTE incineration. They especially noted that ultra-fine particulate emissions (nanoparticles) – associated with asthma, type 2 diabetes, immune system dysfunction, and multiple sclerosis – are not monitored in Europe (nor are they monitored anywhere in the world). June 2008: The British Society for Ecological Medicine’s 2nd edition of The Health Effects of Waste Incinerators stated that “the hazards of incineration are greater than previously realized” and “no more incinerators should be approved.” Autumn 2008: By late 2008, the “Memorandum of the Paris Appeal” had been signed by the Standing Committee of European Doctors – representing two million medical doctors. April 2009: The Irish Doctors Environmental Association released its “Hearing on Health & Municipal Waste Incineration,” coming out strongly against WTE incinerators. Autumn 2009: Britain’s Health Protection Agency released a study declaring that WTE incineration poses little risk to human health, but admitted that it did not assess illness/death rates around incinerators and refused to consider nanoparticle emissions in its study. 2009-2010: Large anti-incinerator demonstrations have taken place across Ireland, Wales, Scotland, and England. Britain’s unelected Infrastructure Planning Commission has called for more than 80 WTE incinerators to be built across the UK, while cutting the recycling budget by 30 percent. —J.N. March-April 2010 www.watershedsentinel.ca/documents/FeaturedArts/WS%20Pt3%2... 15 MPCA turns back bid to burn more trash without public hearing By Chris Steller | 11.25.09 | 2:34 pm Stymied by citizen resistance, the operator of Hennepin County’s incinerator in downtown Minneapolis tried — in vain — this month to get the state’s OK to burn more trash with an administrative end-run around a public hearing. Now two state legislators accuse Covanta Energy of trying to “railroad the expansion through without further public input” (pdf). The Minnesota Pollution Control Agency (MPCA) agrees that Covanta was out of line in seeking a low-level administrative amendment to its permit in order to increase the amount of trash it’s allowed to burn. “It was a little puzzling for us,” Carolina Espejel-Schutt told the Minnesota Independent last week. “Administrative amendment is not the correct process to follow.” Rather than being the most minor possible kind of alteration to its permit, MPCA sees the change Covanta seeks as rising to the most significant level. “We think it is major,” she said. Even changes of minor or moderate significance can require public hearings if there is substantial public interest, Espejel-Schutt said. And “clearly for Covanta there is a lot of interest,” she said — both from the public and elected officials. Last summer, the Minneapolis Planning Commission voted down the plan for burning more trash at the Hennepin Energy Recovery Center (HERC). Opponents turned in force for that hearing and again when Covanta appealed the commission’s decision to the Minneapolis City Council’s zoning and planning committee. But the company put its appeal on hold at the last minute, promising to make an application to the MPCA. Then Covanta waited until Nov. 3 — Election Day, as it happened, in Minneapolis — to submit its application. In the meantime, opponents petitioned for environmental review, but the MPCA said it couldn’t act on that request until Covanta submitted an application. Opponents rallied again for the postponed appeal hearing before the city council zoning and planning committee Nov. 19, but the item was tabled 16 again. That same day, the MPCA issued its letter turning back the administrative-amendment request. Covanta’s play for under-the-radar approval was not only inappropriate given public interest, Espejel-Schutt said, but any change without a public hearing would violate the terms of the existing permit for HERC. Her letter to Covanta (pdf) quoted from the HERC permit: Fuel usage: less than or equal to 365,000 tons [per] year of waste for the total facility. An amendment to increase this fuel usage must undergo public notice and comment. Covanta is seeking to burn 442,380 tons of trash per year. Justin Eibenholtzl, one of three Minneapolis residents to petition for an environmental review beyond the study done for the adjacent Minnesota Twins stadium, says an expansion of burning at the state’s leading source of dioxin merits study. Until it gets state and city okay to burn more, Covanta must stay in compliance with the existing limits in its permit, MPCA’s Espejel-Schutt wrote in her letter. But she told MnIndy that, practically speaking, Covanta could temporarily get away with burning more on a day-to-day basis without violating the annualized allowable maximum. “It would be a while” before burning more trash would exceed those limits, she said. Covanta didn’t respond to a request for comment from MnIndy MPCA turns back bid to burn more trash without public hearing ... ________________________________________________________________________ 17 CONCLULSION The above demonstrates the kind of company Covanta is, and a leopard doesn’t change its spots. Covanta’s past dealings are some of the reasons that we in Merthyr Tydfil and the Rhymney Valleys do not welcome this proposal on our doorsteps. In fact, knowing what we know we would be crazy to want to do business with such a firm. The proposed incinerator is not a viable proposition from any point of view. The plant is way too big for our needs. There will be insufficient rubbish to feed this giant incinerator. If there is insufficient rubbish to feed the plant Covanta will implement the ‘put or pay’ clause; which will cost the tax payer money, or will bring in rubbish from wider and wider destinations – making us the dumping ground for other people’s rubbish. If the incinerator gets the go-ahead it will have a detrimental effect on recycling. There are very few jobs on offer, there are many more jobs in recycling. A plant of this size will adversely affect tourism. Incinerators emit carbon dioxide and contribute to Global Warming. Incinerators emit dangerous chemicals – cancer causing dioxins and dangerous PM10 and PM2 particles. Incinerators – even newer generation incinerators - are dangerous to health. A large plant of this size is inflexible and will lock our authorities into a contract for the next 25 – 35 years. With many changes in recycling and new technologies being developed to recycle and reduce waste, we cannot say for certain what our waste management needs will be in next 5 to 10 years, let alone 25 – 35 years. Covanta, in my opinion, is an unethical firm which treats its workforce badly and is unable to prevent emission violations from damaging the environment and people’s health. 18