text:
Terps-OSU matchup likely different this time around
David Ginsburg
COLLEGE PARK, Md. — One year ago, Maryland took Ohio State into overtime before a failed 2-point conversion resulted in a 52-51 defeat.
In the rematch Saturday, the Terrapins are a 43-point underdog — for several reasons.
No. 3 Ohio State is playing at home, unbeaten and riding a defense that has allowed a total of 42 points in the last seven games.
Maryland, on the other hand, has yielded 164 points during a four-game losing streak.
"We are a work in pro-gress as a program," first-year coach Michael Locksley conceded Tuesday.
Still, 43 points is one heck of a point spread — the largest in the Football Bowl Subdivision this week, according to odds posted by pregame.com.
"Oh wow. That's a lot. I didn't see that," Maryland quarterback Josh Jackson said. "I don't pay much attention to it."
Locksley knows the Terrapins (3-6, 1-5 Big Ten) must play flawlessly to pull off a major upset. But that almost happened last season, so who's to say it's impossible?
"The good thing is, a lot of guys in our locker room were part of the game last year," said Locksley, who was then Alabama's offensive coordinator. "I would hope that will give us confidence that, when we play the type of football we're capable of playing, things like last year" can happen.
Though memory of that game might drive the Terps, studying game film would be almost useless. Urban Meyer has been replaced as head coach at Ohio State by Ryan Day, Buckeyes quarterback Dwayne Haskins is in the NFL and junior defensive end Chase Young has become a disruptive force.
"Obviously a lot has changed for both teams since last year, but the confidence of knowing they played toe-to-toe with one of the top programs in the country is something I hope to build upon with our guys," Locksley said.
Maryland running back Anthony McFarland Jr. enjoyed the finest day of his career in that duel with the then-No.9 Buckeyes. He ran for 298 yards, including touchdown runs of 71 and 80 yards in the first quarter.
It's been a rough season for McFarland. He has missed two games with a high ankle sprain and is still not 100%. The sophomore has only 459 yards rushing compared to 1,034 in 2018.
Injuries have played a major role for Maryland. Jackson has also been hindered by a high ankle sprain and the offensive line has been patched together on a weekly basis.
Locksley said senior right guard Terrance Davis could sit out the rest of the season and take a redshirt if his injured knee does not improve.
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It's a Drink, It's a Bomb
Lo Wei Capsule Reviews
May 2, 2014 • 3 min read
Brothers Five (1970) — December 3, 2010
Cheng Pei-pei (Come Drink With Me, Crouching Tiger, Hidden Dragon) plays the daughter of a kung fu master who has sworn to reunite the separated children of the title so they can take revenge on the villain who killed their father and whose gang terrorizes the local town and countryside. The brothers have no idea of their family history, but have each learned complementary skills that only they can combine, Voltron-style, to defeat the bad guy. The fight scenes are the big draw here, and they are impressive. More unusual is the way director Lo Wei films them, often in overhead longshots that are far more panoramic and lyrical than you usually get in Shaw Brothers films of this period. This lends his big action set-pieces, with dozens of soldiers fighting multiple heroes in discrete parts of the frame, a scope and grandeur unlike anything else I've seen.
The Shadow Whip (1971) — January 16, 2011
Cheng Pei-pei stars as the adopted daughter of the world's foremost expert in bullwhip kung fu. When the people who killed her parents and framed him for theft track them down, it's up to her and a handsome traveler to defeat the bad guys and right wrongs and such. Directed by Lo Wei, whose Brothers Five, made the previous year and also starring Cheng, I found so impressive. There are a few of the signature overhead group choreography shots that were so striking in that film here, but mostly the movie is done in by the cheapness of the stunts (including the most obvious wire I've ever seen in a kung fu film) and the inherent impossibility of creating good fight choreography when the protagonist's weapon is a whip. It just looks dumb. And speaking of looking dumb, poor Cheng Pei-pei is dressed like Santa Claus through the whole thing.
The Big Boss (1971) — June 28, 2013
Bruce Lee may be the most narcissistic movie star of all-time, but you can't help but be entranced by him — he's just as magnetic as he thinks he is.
Immigrant workers in a foreign country, exploited by a rapacious capitalist as drug dealer. Takes forever for Bruce to realize that maybe his boss is lying to him. But once he does, everyone dies.
Fist of Fury (1972) — May 2, 2014
Amazing how simple the plot of Fist of Fury is in comparison with Gordon Chan's Jet Li-starring remake Fist of Legend. Bruce Lee's Chen Zhen is nothing more or less than a force of nature, bursting on screen in agonized grief, progressing from there to an agonized murderous rampage (in 1930s Shanghai he returns to find his master has been killed; he learns it was by the Japanese, he kills them). Only occasionally is he allowed to express anything other than agony: when he adopts disguises to spy on the Japanese; in his one romantic scene with Nora Miao. Otherwise he may as well be The Hulk. No depth, no complexity (compare Li's Chen Zhen, torn between two cultures and two families, genuinely mixed in his sympathies), simply the pure muscular expression of violent revolution, of the (racial) underclass rising up against their (apparently motiveless?) oppressors.
There are hints at self-awareness, of nuance: the fact that so many of Lee's fellow Chinese feel the effects of his violence, the collateral damage of his rampage, is felt. And the tortured expressions, often in slow motion, that take over Lee's face when he administers a killing blow convey not the orgasmic release of violence, but the corruption of the mind and soul that each act of destruction takes on him (compare to the distancing puns and wisecracks that accompany such displays in the 80s films of Schwarzenegger and Stallone). Still, it's not hard at all to see why it was a hit, despite the acting, screenplay, sets, direction, characters, sound design, etc, all cheap and chintzy relative to the films the Shaw Brothers were putting out at the same time. Even another Golden Harvest production like Hapkido, with a very similar Chinese vs. Japanese premise, released six months later in 1972, looks better and had more thought put into its visual style.

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I'd like to request a showing of 204 Playa Della Rosita, Washington, UT, 84780 (MLS® #19-201474). Thank you!


We're at midcourt, and the ball is about to go up…it's Monday Tip-Off! Start your week here at the NLSC with a feature that's dedicated to opinions, commentary, and other fun stuff related to NBA Live, NBA 2K, and other basketball video games. This week, I'm tipping things off with a few previews of modding projects that I'm working on, as well as a few ideas I'm toying with.
I'm a bit under the weather today, and seeing as how I wasn't able to prepare anything for this week's Monday Tip-Off ahead of time, I don't have a full column or a video feature for you. However, I thought that I'd follow up on something that I mentioned in Episode #238 of the NLSC Podcast, regarding next month and modding. I don't want to reveal everything just yet as I'm still getting everything sorted, but I'd like to make March a celebration of modding in our community. I'm hoping to release some new work of my own, and get all of our active modders in on the act.
With any luck, that will all be tipping off in just a few days when March is upon us, but in the meantime, I wanted to share some previews of what I've been working on here and there, as well as a few ideas that I'd love to see come to fruition, if and when I can make time to work on them. With that in mind, I am a little hesitant to share some of these images as I'd rather not announce anything that I'm not going to be able to get finished, so please keep in mind that those ideas aren't set in stone. I do have a couple of projects that are progressing quite nicely though, so without any further ado, here are a few things that I'm working on right now.
We're at midcourt, and the ball is about to go up…it's Monday Tip-Off! Start your week here at the NLSC with a feature that's dedicated to opinions, commentary, and other fun stuff related to NBA Live, NBA 2K, and other basketball video games. This week, I'm tipping things off with a handful of screenshots from a game between the '98 Chicago Bulls and '97 Miami Heat in NBA 2K18.
Today, I turned 33. It's funny to think that I've now been running the NLSC for around half my life! As I've said in previous articles, it's hard to say just how long I'll keep doing this, but I'm not intending on giving it up anytime soon. I still have a great deal of passion for basketball video games, as well as creating content based on them. After all, I've been playing basketball games and watching the NBA for a long time now. It's a little overwhelming to think that it's been twenty years since I was getting ready to watch the 1998 season, the last year that the Chicago Bulls were champions. Unfortunately, I don't think that they'll be anywhere close to that this season!
It's important that we keep moving forward, and as I said in Episode #226 of the NLSC Podcast, it's my intention to try to enjoy this season a little more than I have in recent years. There's nothing wrong with reminiscing from time to time however, and thanks to the historical content in NBA 2K18, I can indulge in that nostalgia on the virtual hardwood. For this week's Tip-Off, I'd like to share some screenshots that I took during a game of NBA 2K18 PC, using the 1998 Chicago Bulls against the 1997 Miami Heat. It was a fun game to play, and I'm looking forward to using the historical squads a little more often this year. Without further ado, here are the screenshots!
This is Wayback Wednesday, your midweek blast from the past! In this feature, we dig into the archives, look back at the history of basketball gaming, and indulge in some nostalgia. Check in every Wednesday for retrospectives and other features on older versions of NBA Live, NBA 2K, and old school basketball video games in general. You'll also find old NLSC editorials re-published with added commentary, and other flashback content. This week, I'm taking a look back at MJ: Creating a Legend in NBA 2K11.
NBA 2K11 remains a very highly regarded basketball video game, and for good reason. It was a milestone release in terms of its historical content, and for many gamers, its gameplay still holds up. I've talked about it a couple of times in previous Wayback Wednesday features, specifically discussing the inclusion of Michael Jordan, and my efforts to finally complete the Jordan Challenge. In passing, I've also mentioned the mode that could be unlocked either by completing the Jordan Challenge, or by punching in the code icanbe23; namely, MJ: Creating a Legend.


text:
The World of Black Hammer, Volume 4
ebook ∣ The World of Black Hammer
The World of Black Hammer
Comic and Graphic Books Fantasy Fiction
Jeff Lemire and Dean Ormston's Eisner Award–winning Black Hammer superhero universe is given a closer look, with two complete series drawn by Tyler Crook and Tonci Zonjic!
In Skulldigger, Spiral City finds itself trapped in a vicious cycle of crime, corruption, and violence. With the heart of the city at stake, a vigilante rises in Skulldigger. However, when the nefarious Grimjim escapes from prison, Skulldigger and his ward, Skeleton Boy, find themselves pitted against a truly deadly and unstoppable force.
In The Unbelievable Unteens, artist Jane Ito finds herself visited by one of the characters from her own creation—but was it her own creation? Were the Unteens an actual school of teenaged misfit superheroes who battled supervillains under the lead of the mysterious Dr. Miles Moniker? And if so, who wiped their memories and why? As Jane's world is turned upside down and she learns the true nature of her identify she discovers a sinister plot leading her to assemble a team she had suspected was purely fictional.
Collects Skulldigger and The Unbelievable Unteens in a deluxe, oversized hardcover format with a new cover, sketchbook extras, and more!


text:
Q: Updating a mesh along a curve I am looking for a method to modify a procedural mesh along a curve. (http://docs.unity3d.com/ScriptReference/Mesh.html) by creating reference Vector3 points along this curve and subsequently updating the various mesh arrays accordingly.
I believe I need to create a vector3 array from the curve by setting each vector3 index to the curves transform at that transform.
This can be done with objects but i'm uncertain if this would work for vector3 arrays E.g:
For (int i = 0; i < items.Length; i++, p++) { //gets the array length of custom mesh
    Transform item = Instantiate(items[i]) as Transform; // instantiates item as transform
    Vector3 position = spline.GetPoint(p * stepSize); //references my curve point and creates position vector each update
    item.transform.localPosition = position; //transforms instantiate item to curve point position
}

The second issue to tackle is then using this array of vectors to add to my mesh.
Each mesh component operates similarly so I'll use triangles as an example:
Initial triangles: (on start method)
0,2,1
2,3,1

On each update I wish to naturally add 2 more triangles
The follow set of triangles would be for example :
2,4,3
4,5,3

(Unfortunately I cannot post images due to reputation limit)
this follows the rule that for each new triangle set:
Triangle I0+2 = (Triangle I1 + 2, Triangle I1 + 1, Triangle I1 +2)
Triangle I0+3 = (Triangle I2 + 2, Triangle I2 + 1, Triangle I1 +2)

Verticies would be added to a dynamic list by using the 'instantiated' vector3 coordinates from the curve.
I have seen a few attempts on a similar issues, however this method of updating  I have yet to see discussed as it appears others have chosen to use mesh dimension update methods. Obviously this is impractical considering the use of a curve.

A: After much tinkering I found the answer:
Take a float distance across three bezier curves in parallel.
On update store the these three points as vectors.
Adjust distance var and get all your vectors along each curve into a list via a for loop.
on each for loop instance create triangles into your vector2 list.
Once points are all calculated : create your mesh and boom one customisable track/road/path -Just be sure to include mesh renderer,rigid body,collider and filter.

redpajama_set_name: RedPajamaStackExchange


text:
MEC Seminar (19) Apply MEC Seminar filter
MEC Women's Rights Research Seminars (4) Apply MEC Women's Rights Research Seminars filter
Middle East Centre Friday Seminar Series (14) Apply Middle East Centre Friday Seminar Series filter
The revolution devours its own children? The case of transitional justice in Tunisia
Dr Doris Gray (Al Akhawayn University, Morocco)
68 Woodstock Road, Oxford, OX2 6JF
The European Union and Israel/Palestine: EU Policies and Israeli Prerogatives in Fragmented Borderlands
Dr Raffaella Del Sarto (European University Institute, Florence & John Hopkins School of Advanced International Studies, Bologna)
The People Want: A Radical Exploration of the Arab Uprising
Professor Gilbert Achcar (SOAS)
Middle East Centre, 68 Woodstock Road, Oxford
Gilbert Achcar will assess and discuss the latest developments in the Arab region with a special focus on Syria, on the occasion of the publication of his recent book with Saqi (2013). This event was... Read more
Modern Middle Eastern Studies Colloquia : DPhil lunchtime series
Yoni Furas (St Antony's College), Edward McAllister (St Antony's College)
25 November 2013 - 12:45pm
68 Woodstock Road, Oxford, OX2 6JF, the Middle East Centre's main reading room
The lunchtime series will be held during term time on Mondays from 12.45 pm on uneven weeks at the Middle East Centre's main reading room. Attendance is open to all students, researchers and... Read more
The Transformation of Turkish foreign policy under the impact of the Arab Spring
Dr Emel Parlar Dal, Marmara University, Istanbul
Creole Jews? Zionism and the Invention of Hebrew Nativity
Professor Derek Penslar, Oxford University
The Slow Rise and Rapid Fall of the Muslim Brotherhood in Egypt
Dr Hazem Kandil, Cambridge University
Anti-veiling Campaigns, Past and Present
Dr Stephanie Cronin, Oxford University
The Establishment of Modern Middle Eastern Studies as a Separate Intellectual field, 1950-1990: A Personal Account
Professor Roger Owen, Harvard University
Egypt in Flux: A Lecture on an Unfinished Revolution
Adel Iskandar, Georgetown University, Jadaliyya
Middle Eastern Studies Research Colloquium
Şeyma Afacan (Dphil candidate in Oriental Studies, St Antony's College), Will Clegg (Dphil candidate in History, Balliol College), Leonardo Davoudi (Dphil candidate in History, St. Antony's College), Servet Erdem (Dphil candidate in Oriental Studies, St Antony's College), Graham Jevon (Dphil candidate in History, St. Antony's College), Maziyar Ghiabi (Mphil candidate in Modern Middle Eastern Studies, St. Antony's College), Julia Ley (Mphil candidate in Modern Middle Eastern Studies, St. Antony's College)
Ertegun House, 37A St. Giles', Oxford University of Oxford
Ertegun House, the Middle East Centre at St. Antony's College and Oxford Middle East Studies Graduate Group are pleased to announce the second 'Middle Eastern Studies Research Colloquium'. We invite... Read more
The 36th Annual George Antonius Lecture: "The Arab Republics of Authoritarianism"
Professor Joseph Sassoon (Georgetown University)
6 June 2013 - 6:00pm
62 Woodstock Road, Nissan Lecture Theatre, St Antony's College
There will be a reception after the lecture
MEC Women's Rights Research Seminars
The Globalisation of Universal Human Rights Norms: Implications for Women's Rights Reform in the Middle East
Mishana Hosseinioun
68 Woodstock Road, Oxford, OX2 6JF, the Middle East Centre's Library
(a light lunch will be available on a first-come, first-served basis) This seminar examines the diffusion and assimilation of universal human rights norms and practices across the Middle East and... Read more
The Gulf, Asia and the Indian Ocean; Shifts in interests, New Alignments
Professor Tim Niblock Exeter University
The Decline of Egypt's Urban Cosmopolitanism: A Pre-Nasserite Affair
Dr Alexander Kazamias (University of Coventry)
A fascinating new reading of the history of the Greek, Italian, Jewish and other European communities in interwar and post-independence Egypt.


text:
VIWMA
Citizen's Suit – Motion to Intervene
Published May 17, 2011 | By dave
DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
CIVIL No. 1984-104
GOVERNMENT of the VIRGIN ISLANDS
Now comes Susan K. Wolterbeek, Pro Se, being duly sworn, and hereby states as follows:
Intervenor is a Citizen of the United States and a resident of St. Thomas, United States
Virgin Islands. An Affidavit in Support of Motion to Intervene is included with this filing.
Intervenor is bringing this Motion to Intervene as of Right, under Rule 24 (a)(1) of the
Federal Rules of Civil Procedure (F.R.C.P.). Citizens are given an unconditional right to
intervene in this case by federal statute, 33 United States Code (U.S.C.) 1365 (b)(1)(B), as (the
parties would contend that) the Administrator has commenced and is diligently prosecuting a
civil action in a court of the United States.
Intervenor has an Interest that is Significantly Protectable
In addition, Intervention is as of right under F.R.C.P. Rule 24 (a)(2). As a resident of the US
Virgin Islands, Intervenor has a compelling interest in the continued health of, not pollution of,
USVI territorial waters. As stated in the accompanying Affidavit in Support of Motion to
Intervene, [Affidavit], Intervenor moved to St. Thomas in part out of deep affection for and
commitment to Coral and Hawksbill and Green Sea Turtles, endangered and threatened
species living in the coastal waters directly surrounding the U.S. Virgin Islands. Intervenor
snorkels and swims in USVI territorial waters.
It is a scientific fact that a small drop of fecal matter can contain millions of
microorganisms of many types, some of which are pathogenic.
Microbial pathogens in raw or inadequately treated sewage can cause illnesses ranging from
temporary stomach cramps to life-threatening conditions such as inflammation of the heart.
Cholera, Typhus and SARS can cause outbreaks and death, and many of the other diseases can
debilitate people severely, such as Hepatitis A,B, Giardia Lambia, Gastroenteritis, Poliovirus,
and Poliomyelitis.
There has been a recent outbreak of Cholera in Haiti, sickening 250,000, and killing 5,000.
Apparently the outbreak was caused by a U.N. facility having sanitation problems [Exhibit 13].
This dumping of raw sewage is being done willfully, and has been for 27 years. If people fall ill,
it will have a devastating effect on the people, tourism and our economy. If we have an outbreak
of cholera or typhus, our economy will fail as well as our bodies.
Citizens have a right to enjoy our coastal waters, not to swim in raw sewage, without even
being given legal warning of these bypasses. The Affidavit reveals through 150 VIWMA Non-
Compliance Reports and newspaper articles at least 83 full days of bypassing raw sewage since
this Court's Order of 3/18/10 [Exhibits 2-5, 15-18, 23-25].
The Affidavit details VIWMA's failure to abide by the Territorial Pollutant Discharge
Elimination System (TPDES) Permit, and this Honorable Court's Order by not publishing
required Public Notices before, during, and after bypasses, or posting warnings on beaches. Thus
Citizens have no knowledge if or when VIWMA is dumping raw sewage, and whether it is even
safe to go swimming. Intervenor therefore has an interest that is "significantly protectable".
Donaldson v. United States, 400 U.S. 517, 531, 91 S.Ct. 534, 542, 27 L.Ed.2d 580 (1971).
The Motion Is Timely
This motion is timely, because this an ongoing case, with VIWMA to supply this Honorable
Court with ongoing data in regard to the wastewater systems, and a plan to buy, replace and
maintain the pumps. The Court has established an emergency fund to purchase or repair pumps
on an emergency basis with the goal that no further bypasses of raw sewage will occur, and has
held a hearing on these issues on May 11, 2011.
However, neither party has fully apprised this Honorable Court of the massive 83 days of
bypasses that VIWMA has been committing since the Order of March 18, 2010.
Exhibit 2 is a Summary of the 186 Non-Compliance Reports provided by the EPA enumerating
raw sewage discharges by VIWMA from1/1/10 -3/23/11. Defendant's Exhibit C stated that it
included all St. Croix bypasses of raw sewage until April, 2011, yet there were several major
bypasses in March which were not included in Exhibit C.
If the rate of flow is the same as last year, these 83 days of bypasses probably exceed the
bypasses which were the subject of the emergency motion on March 11, 2010. It is therefore
important and timely to provide this Honorable Court with the full truth concerning the many
ongoing bypasses of raw sewage over the past year as well as the present condition of the pumps
and the systems which continue to break down regularly.
When determining timeliness, the Court examines the prejudice that the delay of the
intervention will cause the current parties to the litigation. Mountain Top, Mountain Top Condo.
Ass'n v. Dave Stabbert Master Builder, Inc., 72 F.3d 361 at 369-70 (3d Cir. 1995).
In the case at hand Intervention will not cause delay. To the contrary, this information will be
useful to the Court to render a decision. Even if there is any question as to timeliness,
as the Court stated in Mountaintop, when "intervention is of right, the would-be intervenor may
be seriously harmed if he is not permitted to intervene, [thus] courts should be reluctant to
dismiss a request for intervention [of right] as untimely." Mountain Top, 72 F.3d at 368.
The Existing Parties are not adequately representing or protecting Citizens' Interests.
Disposing of this action will impair or impede Intervenor's ability to protect her interest in
swimming and snorkeling, and seeing living endangered species, as well as keeping the
territorial waters unpolluted by raw sewage. VIWMA has continued to pump many, many more
millions of gallons of raw sewage into USVI coastal waters since this Honorable Court's Order
of March 18, 2010, and the EPA has allowed these illegal actions, and will not file for Contempt
or Receivership [Exhibits 6-7, 11]. The EPA has apparently made no plans to address our
polluted waters with the National Oceanic and Atmospheric Administration (NOAA), the agency
responsible for protecting the territorial waters of the U.S. Virgin Islands, and who has spent
millions of dollars on projects to protect and re-colonize Corals.
Further, as detailed in the accompanying Affidavit, VIWMA has not followed specific
Court Orders in regard to the Figtree and Cancryn Pump Stations, nor maintained the requisite
back-up pumps for St. Croix.
As detailed in the accompanying Affidavit, although Intervenor has asked the EPA
Region 2 Administrator several times, in person and by letters, to stop VIWMA from continuing
to dump the raw sewage, and implored the Region 2 attorneys during weekly conference calls for
the past month to file for Contempt and Receivership, [Exhibits 6,7,10,11], the EPA will not take
such action. For the foregoing reasons, the existing parties are not adequately representing or
protecting Citizens' interests.
As the United States Supreme Court stated, "[t]he requirement of the Rule is satisfied if the
applicant shows that representation of his interest 'may be' inadequate; and the burden of making
that showing should be treated as minimal." Trbovich v. United Mine Workers, 404 U.S. 528,
538 n. 10, 92 S.Ct. 630, 636 n. 10, 30 L.Ed.2d 686 (1972). The most important factor in
determining adequacy of representation is how the interest of the absentee compares with the
interest of the present parties. If the interest of the absentee is not represented at all, or if all
existing parties are adverse to him, as in the case at hand, then he is not adequately represented.
This Intervention may be commenced Immediately
This Motion to Intervene, Complaint in Intervention, and Motion for an Expedited Hearing
on Contempt and Receivership may be brought immediately, without the normal 60 day notice,
pursuant to 33 U.S.C. 1365 (b)(2) because VIWMA is in violation of 33 U.S.C sections 1316
and/or 1317(a), [as well as this Honorable Court's Orders] by committing illegal discharges in
violation of the effluent standard of performance under the Clean Water Act.
Therefore, since this motion is timely, Intervenor may Intervene as a matter of right
pursuant to FRCP Rule 24 (a)(1) and 33 United States Code (U.S.C.) 1365 (b)(1)(B) as well as
under F.R.C.P. Rule 24 (a)(2). In addition, Intervention is further appropriate through F.R.C.P.
Rule 24 (b)(1)(B) because Intervenor has compelling facts to offer the Court, in regard to the
150 Non-Compliance Reports since 3/18/10, signed by VIWMA and provided by the EPA,
along with the Summary of said reports.
Wherefore, Intervenor hereby requests the following relief of this Honorable Court:
That the within Motion to Intervene is granted, and Susan K. Wolterbeek is permitted to be a party to this case, as of Right.
That in light of the Summary of Non-Compliance Reports and newspaper articles submitted by Intervenor as Exhibits, which reveal 83 days of raw sewage bypasses, Intervenor's Motion, Pleadings and evidence are accepted, and Intervenor may proceed in this case immediately.
Any further relief that is just and equitable.
Susan K. Wolterbeek, Pro Se
St. Thomas, VI 00803
susan@GreenerVI.org
Territory of the US Virgin Islands
District of St. Thomas and St. John
Posted in Citizen's Suit, Coral, Endangered Species Act, EPA, NOAA, Waste Management | Tagged air pollution, Clean Air Act violations, Clean Water Act Violations, Endangered Species Violations, VIWMA, waste management authority | Leave a comment
Citizen's Suit – Affidavit in Support of Motion to Intervene
AFFIDAVIT IN SUPPORT OF MOTION TO INTERVENE
VIWMA's REPORTS REVEAL 77 DAYS OF RAW SEWAGE BYPASSES SINCE 3/18/10
I moved to St. Thomas in part out of deep affection for and commitment to Coral
and Hawksbill and Green Sea Turtles, endangered and threatened species living in the coastal
waters directly surrounding the US Virgin Islands. I snorkel and swim in USVI
territorial waters.
Pursuant to the Freedom of Information Act (FOIA), on March 28, 2011, I requested of
the EPA the start dates, stop dates and rate of flow for all raw sewage bypasses in the USVI
from 1/1/10 until the present. [Exhibit 14]. The EPA furnished 186 Non-Compliance Reports,
150 of which were issued since the 3/18/10 Court Order. A Summary of these reports is at
Exhibit 2.
These Non-Compliance Reports as a whole are available to the Court, should the Court
wish to review them. A few individual Non-Compliance Reports are at Exhibits 15-18,
and 23-25.
The total days of raw sewage bypasses between 3/18/10 and 3/23/11 reported by
VIWMA exceeds 77 days. Even so, based upon the reports themselves and newspaper articles,
[Exhibits 3-5] there were at least 6 additional days of bypassing raw sewage, and this number is
likely to be significantly higher, as several of the reports do not give stop dates, and some reports
are missing entirely.
On August 30, 2010 NaNa Gut had an "Ongoing " bypass, [Exhibit 17] as did
Weymouth Rhymer Pump Station on 1/4/11 [Exhibit 18]. Many pump stations were not
working during Hurricane Earl, and state "n/a", instead of a stop date. [Exhibit 2]. All of
these "Ongoing" and "n/a" bypasses were counted by me as only one day each, thus the actual
count of raw sewage bypass days may be significantly higher.
VIWMA DID NOT FILE ANY NON-COMPLIANCE REPORTS FOR A MAJOR BYPASS
On 4/28/10, the VI Daily News reported that VIWMA started pumping raw sewage over
Long Reef on Saturday, April 24, 2010, and that the bypassing was expected to continue for the
next five days, while a 4/29/10 report stated the dumping had ceased on 4/27. [Exhibit 3].
This major bypass was not included in the 186 Non-Compliance Reports of 1/1/10-3/23/11
furnished by the EPA. Assuming the EPA gave me all of the Non-Compliance Reports which
VIWMA prepared, then there are no Non-Compliance Reports for a major bypass, in clear
violation of the TPDES Permit and the Clean Water Act.
VIWMA HAS REFUSED TO GIVE REQUIRED PUBLIC NOTICE OF SEWAGE BYPASSES
I have reviewed the Avis and VI Daily News publications, and VIWMA did not give
notice of raw sewage bypasses in these publications according to the TPDES Permit or
3/18/10 Court Order. For example, although there were bypasses at LBJ for at least
4/24/10-4/27/10, at a critical time, during Ironman Triathlon practice swims and just before the
5/2/10 Ironman Race itself, Public Notices were not published every day, and apparently the
beaches were not posted either. There were newspaper articles written, on 4/28 and 4/29, after
the fact, but no public notices in the papers during the dumping of raw sewage. This event was
was barely a month after last year's Court Order of 3/18/10 directing VIWMA to give Public
Notices as mandated in the TPDES Permit.
From January 27 through February 9, 2011, VIWMA conducted a 13 day, 11.5 hour raw
sewage bypass at LBJ for a new force main. This major planned bypass should have been
therefore reported in public notices, every day, from January 26, 2011 the day before the bypass
was to commence, through February 10, 2011, the day after the bypass was completed. Instead,
there was a newspaper article in the VI Daily News on 2/5/11, and one Public Notice in the Avis
on 2/9/11. [Exhibits 19-20].
VIWMA submitted a Non-Compliance Report for January 4, 2011, stating Weymouth
Rhymer station in St. Thomas was having an "Ongoing" bypass, [Exhibit 18] but nothing was
reported in the VI Daily News on January 4th or January 5th, 2011. Similarly, there were 13 Non-
Compliance Reports for 13 different areas and pump stations on 8/30-8/31, including an
"Ongoing" bypass in NaNa Gut, [Exhibits 2, 17] yet there were no Public Notices in the VI
Daily News for those dates.
There were 2 different bypasses from 2/24/11 to 3/2/11, one broken force main adjacent to
Hovensa, of 6 days 6 hours, and one Figtree broken force main of 5 days 22 hours [Exhibits 23-
24] . Notice was published in the Avis from February 27-March 4 for the Hovensa force main
break, [Exhibit 21] but the notice was run without spacing, in a single column at the end of the
classified ads, not a boxed notice such as the notice of Exhibit 20, which made it difficult to read
and easy to overlook.
During this past month, April – May, 2011, LBJ has been bypassing since sometime in
April. Again, this dumping of raw sewage occurred during the practice swims or even during the
Ironman Triathlon Race itself. VIWMA published identical Public Notices on April 27-29, in the
VI Daily News, [Exhibit 4] but the notices do not give start or stop dates, and VI Daily News
May 4, 2011 newspaper article states that the impacted line "currently is causing an overflow of
sewage in the area" [Exhibit 5], indicating that the discharge was still ongoing as of May 4,
2011. (If so, the Ironman Triathletes were downstream of LBJ, while LBJ was bypassing raw
sewage during their 1.5 mile swimming race at Christiansted Harbor on May 1, 2011.)
Therefore, the public has no idea when the dumping of raw sewage has started or stopped,
or if it is still continuing today. That same article states that Figtree was bypassing raw
sewage into Cane Garden Bay on May 3, 2011. Indeed, AUSA Frankel cited a May 10, 2011
Non-Compliance Report showing a bypass, which was not reported in the VI Daily News.
When I questioned the Media Relations Coordinator of DPNR about the lack of posting
warning signs on beaches, he confirmed that DPNR does not enforce that requirement, and the
excuse for violating Court Orders was that the hotels don't like the warning signs. When asked
for the rationale of not posting on non-hotel beaches either, the response was that such posting
would not be fair. Clearly, public safety is not the priority, or following Court Orders.
VIWMA VIOLATED THE 3/18/10 COURT ORDER ON FIGTREE PUMP STATION
On 3/18/10, this Honorable Court ordered that VIWMA keep operational the Flygt house
pump borrowed from LBJ Pump Station and installed at Figtree in March, 2010. Further,
VIWMA was ordered to get another house pump for Figtree by 3/23/10, and that both pumps
were to be properly maintained and kept operational.
Despite these very specific court orders, according to the 4/11/11 Declaration of Pedro
Modesto, of the EPA, as of March 16, 2011, a year after the Court Order, only the one Flygt
house pump borrowed from LBJ is working at Figtree. The EPA's Final Submission states that
the 8" Thompson Diesel Back-Up Pump being used at Figtree is "still not able to pump the entire
flow coming into the station." This statement implies that a partial bypass may be occurring now.
VIWMA VIOLATED THE COURT ORDER ON CANCRYN PUMP STATION
The Cancryn Station pumps 2.5 million gallons of sewage per day in St. Thomas. The
3/18/10 Order specified that VIWMA maintain the 10-inch pump allegedly in operation at that
time, and that VIWMA further certify that the Cancryn pump station have both a six-inch and a
four-inch auxiliary diesel back-up pumps in working order.
VIWMA submitted its certification to the Court on March 23, 2010. However, in a VI
Daily News article of April 16, 2010, several weeks later, May Adams Cornwall, the Executive
Director of VIWMA is quoted, stating:
"St. Thomas' Cancryn pump station – the island's main station-A has been without a
working pump for close to nine months, Cornwall said. A contractor is diverting flow
around Cancryn to another station while cleaning takes place. The station should be
back up and running by the end of April, Cornwall said."
[Exhibit 22].
Further, VIWMA represented during the March 2010 hearing that it would completely
upgrade Cancryn Station using EPA or Dept. of the Interior (DOI) funds. Regardless, on March
16, 2011, a year later, VIWMA admitted to the EPA that it has not begun to upgrade the station,
replacing or repairing pumps and valves, according to the EPA Submission of April 11, 2011.
VIWMA VIOLATED THE COURT ORDER ON AUXILIARY PUMPS
The 3/18/10 Court Order also specifies that 2 auxiliary diesel pumps shall be operational on
St. Croix, by March 26, 2010 (and remain operational). VIWMA avers that the Figtree Diesel
Pump, the LBJ Diesel Pump, and the 6″ Thompson pump used to pump waste over Long Reef
were all operational. In contrast, according to the 4/11/11 Declaration of Pedro Modesto, of the
EPA, these pumps have only been intermittently operational since the Emergency Hearing.
VIWMA reported in early September, 2010, that all three of these backup pumps were non-
operational, and in October, 2010 two of these pumps were not operational. These pump failures
appear to coincide with 8 days of raw sewage bypasses commencing on 9/1/10, as shown by the
Summary of Non-Compliance Reports, Exhibit 2.
THE EPA IS WITHHOLDING FROM THE PUBLIC THE QUANTITY OF RAW SEWAGE BYPASSED INTO COASTAL WATERS
Pursuant to Section 184-26(a)(3) of the TPDES Permit, any information obtained pursuant
to any monitoring, records, reporting or sampling shall be available to the public. The Permit
further specifies: "(b) Claims of confidentiality for the following information will be denied:…
(2) …effluent data." 33 U.S.C. § 1318 (b) of the Clean Water Act also states specifically that
effluent data shall be available to the public.
Since the Non-Compliance Reports were incomplete, I renewed my FOIA request to the
EPA several times, urging the EPA to furnish to me the start and stop dates and rate of flow for
all raw sewage bypasses, so that I could fully present this evidence to the Court. [Exhibits 8-12].
The EPA has not supplied any further information beyond the Non-Compliance Reports
previously furnished, even though the EPA was to furnish this data on or before 4/18/11.
Further, it appears from remarks by EPA personnel and the reports themselves that the
EPA redacted the flow quantity from the Non-Compliance Reports before furnishing them to me.
Neither the EPA attorneys nor the FOIA Officer for Region 2 with whom I have consulted have
claimed this information is privileged, or given any reason or excuse for failing to comply with 5
U.S. Code §552.
THE EPA GROSSLY UNDERSTATED RAW SEWAGE BYPASSES TO THE COURT
Although I have beseeched the EPA repeatedly to do so, the EPA will not even alert the
Court to the massive raw sewage bypasses which have occurred since the 3/18/10 Court Order.
[Exhibits 10-12] Indeed, the EPA's submission of April 11, 2011 grossly understates these
bypasses.
The EPA does not tell the Court Figtree had bypasses in February and March, 2011 of 5
Days 22 hours and one (by Hovensa) of 6 Days 6 Hours. The EPA mentions a Barren Spot
bypass of 3 days, while the bypass of 3/13/11 – 3/23/11 was actually for 10 days. Barren Spot
had 18 days 18 hours 30 min. of bypasses, from 3/18/10-3/28/11 in addition to however long
Barren Spot was bypassing during Hurricane Earl.
The EPA mentions some small bypasses by Mon Bijou and Campo Rico pump stations, but
left out a 4/10/2010-4/13/2010 3 day bypass at Mt.Bijou. Other Pump Station Bypasses not
mentioned by the EPA: Lagoon Street PS 3 days 22 hours, Humbug II PS 5 Days 3 ½ Hours,
NaNa Gut PS 3 Days 6 Hours. Weymouth Rhymer PS and NaNa Gut had bypasses listed as
ONGOING, without any further information, and throughout the territory many pump stations
were out during Hurricane Earl, commencing 8/30/10, without mandatory stop dates. [Exhibits
1,2, 17, 18].
The agency failed to report the major bypasses of LBJ Pump Station. Since Figtree has
LBJ's Flygt pump and Barren Spot has LBJ's Back-up pump, it is no surprise that LBJ has had
bypasses from 4/24/10-4/27/10, 9/8/10-9/11/10 and 1/27/11-2/9/11, over 19 days of dumping
raw sewage over Long Reef, in addition to the bypass occurring during April-May 2011,
or still Ongoing, as mentioned above [Exhibits 1-5, 19-20].
I declare under penalty of perjury that, based on information personally known to me,
information provided to me by persons at the EPA, DPNR and VIWMA, and my review of
newspaper articles pertaining to this matter, the foregoing is true and correct to the best of my
information and belief.
Posted in Citizen's Suit, Coral, DPNR, Endangered Species Act, EPA, NOAA, Waste Management | Tagged Clean Water Act Violations, dumping continues, dumping raw sewage, Endangered Species Violations, EPA, illegal sewage dumping, raw sewage, VIWMA, waste management authority | Leave a comment
This is What the Citizen's Lawsuit is About
Citizen's Lawsuit against the EPA and VIWMA, Exhibit 2
1/1/2010-3/23/2011 VIWMA Non-Compliance Reports concerning raw sewage
1/4/2010 VI Resource Center sewage into street paper and debris in line 2 Hours
1/7/2010 Chicken Fry 102 Contant overflow rocks and debris in line 1 Hour
1/11/2010 Campo Rico PS Vent line clogged sewage overflowed 3 Hours 30 min.
1/12/2010 56 Prindsens Gade sewage into street /rocks and debris 1 Hour 30 min.
1/11/2010 296A Hospital Ground sewage into street rocks and debris 1 Hour
1/14/2010 St. Croix Renaissance Manhole overflow 1 Hour 40 min.
1/15/2010 Mon Bijou PS pump motor malfunction causing overflow 5 hours
1/17/2010 Fig Tree PS house pump failed 5 Hours 30 min.
1/19/2010 Seventh Day Gut sewage overflow/ sand and debris 1 Hour
1/19/2010 Market Square sewage overflow into street /grease and debris 1 Hour
1/19/2010 Estate Thomas 14QL sewage into street/ grease rocks, stones 2 Hours
1/21/2010 Fig Tree PS suction house air locked preventing back-up system 1 Hour 30 min.
1/21/2010 Over the Bridge Bar Excessive Grease and Debris in Line 1 Hour
1/22/2010 Fig Tree PS suction hose defective 5 Hours
1/24/2010 Fig Tree PS Backup Diesel pump air locked 1 Hour 30 min.
1/25/2010 17 ABC Prindsens Gade Excessive rocks and debris in line 1 Hour 30 min.
1/30/2010 Barren Spot PS Pump coupling broke 2 Hours 10 min.
2/1/2010 Humbug 1 PS Pump was air locked 30 minutes
2/4/2010 ED Plumbing Manhole overflow excessive rocks, debris in line 1 Hour 30 min.
2/4/2010-2/5/2010 149 Hospital Ground/grease, debris says 15 hrs. actually 17 Hours
2/4/2010 146-100 Anna's Retreat Manhole overflow/excess sand and debris 1 Hour
2/4/2010 Windward Passage Manhole overflow excess rocks and debris 1 Hour
2/5/2010-2/6/2010 15 Crown Bay fill grease, debris says 17 hours, actually 20 Hours
2/7/2010 Kirwan Terrace Lindbergh Bay excess grease and rocks 1 Hour 30 min.
2/7/2010 Frenchtown McDonald's manhole overflow grease and debris 2 Hours
2/4/2010 ONGOING LBJ PS Figtree pumps sent off island substit. LBJ diesel Ongoing
"Pumping over the Reef"
2/10/2010-ONGOING Barren Spot PS pump failure Ongoing
2/16/2010 Dept. of Labor 2353 Kronprindsens Gade Manhole overflow 5 Hours
2/16/2010 Frenchtown McDonald's Manhole overflow grease and debris 1 Hour
2/17/2010 Frenchtown McDonald's Manhole overflow grease and debris 2 Hours
2/17/2010 55 Dronningens Gade Manhole overflow/grease and debris 2 Hours
2/17/2010 2nd Street Estate Thomas Manhole overflow grease and debris 1 Hour 30 min.
2/18/2010 Market Square Manhole overflow grease and debris 2 Hours
2/18/2010-2/19/2010 Crown Bay Bldg17/Texas Pit/grease, debris 21 Hours
2/20/2010 14QL Estate Thomas Manhole overflow/dirt, rocks, clothing 2 Hours
2/22/2010 Ulla Miller School Manhole overflow/ grease and debris 2 Hours
3/19/2010-3/20/2010 Contant 2A-1 Manhole overflow grease/debris 19 Hours
3/20/2010 Domino's Gas Station, Contant Manhole overflow/grease 2 Hours 30 min.
3/26/2010-4/3/2010 16A-17 Commandant Gade overflow/grease, debris 9 Days
4/1/2010-4/3/2010 Savan Red Ball Grocery Manhole overflow/grease/sand 48 Hours
4/3/2010 385 Mon Bijou dirt and grease caused lines to clog 3 Hours 30 min.
4/3/2010 395 Mt. Pleasant manhole overflow 3 Hours
4/4/2010-4/5/2010 Ulla Muller Tamarind Tree overflow/grease, debris 24 Hours
4/4/2010-4/5/2010 200-7-1 Altona overflow/grease, debris 25 Hours 30 min.
4/4/2010-4/5/2010 Nadir Racetrack overflow/sand, debris 24 Hours 30 min.
4/7/2010 New TuTu Lower Valley PS illegal load of sludge 4 Hours
4/10/2010-4/13/2010 102 Mt.Bijou Hairline crack in #6 Force Main 3 Days 1 Hour
4/12/2010 Mon Bijou PS Electrical Panel Malfunctioned 4 Hours 44 min.
4/13/2010 346 Mon Bijou sewer lines clogged with grease and dirt 22 Hours 15 min.
4/15/2010-4/16/2010 14Q Estate Thomas Manhole overflow/sand, grease 21 Hours
4/16/2010 2nd Street Estate Thomas Manhole overflow/sand, grease 4 Hours
4/17/2010-4/18/2010 Vicinity of Gomez School Manhole overflow/grease 27 Hours
4/19/2010 Fig Tree PS electrical switch tripped 36 minutes
4/21/2010-4/22/2010 Behind Old Lucy's Market overflow/grease, debris 24 Hours
5/3/2010 394-364 Hidden Valley overflow/rocks, debris 1 Hour
5/5/2010 Old PWD Yard station breaker malfunctioned 3 Hours 45 min.
5/5/2010 Old PWD Yard Sewage bubbling Burnt and defective wiring 1 Hours 30 min.
5/10/2010-5/11/2010 394 C-2 Anna's Retreat Manhole overflow/grease debris 18 Hours
5/12/2010-5/13/2010 1st Ave. Sugar Estate sewage into gut/grease, debris 26 Hours 30 min.
5/14/2010 Concordia PS Discharge Vent Hose line came loose 45 minutes
5/19/2010 Concordia PS Pump Vent Line Clogged 45 minutes
5/24/2010 Bluebeard's Castle overflow into street/stone, debris 1 Hour 30 min.
5/24/2010 23-15 Commandant Gade Manhole overflow/grease, debris 4 Hours
6/13/2010 Barren Spot PS Pump Coupling Sheared 1 Day 4 Hours
6/15/2010 202 Anna's Retreat Manhole overflow/sand, stone, debris 5 Hours 30 min.
6/17/2010 Crown Bay Marina sewage backing up into business/grease,debris 3 Hours
6/19/2010 Cancryn PS Pump impeller clogged 30 minutes
6/19/2010 Cancryn PS Shut PS off to prevent overflowing reg. 6MGD 3 Hours
6/19/2010 Bovoni Texaco Both pumps tripped off-line/storm water 1 Hour
6/19/2010 Long Bay PS All pumps blocked with stormwater debris 2 Hours
6/20/2010 Long Bay PS Both Pump impellers blocked 2 Hours
6/20/2010 Bovoni Texaco Both Pumps tripped/clogged stormwater debris 4 Hours
6/28/2010 Barren Spot PS Pump vent line Plugged 1 Hour 15 min.
7/4/2010 239 Concordia Clogged Sewer Line 16 Hours 50 min.
7/20/2010 Mangrove Lift Station Sewage overflow, heavy rain 6 Hours
7/21/2010 Market Square overflow into street/grease, stones, debris 6 Hours
7/21/2010 Savan Lutheran Church sewage in street/ grease, rags debris 3 Hours 30 min.
7/21/2010 Polyberg Domino's Gas sewage in street/ grease, stones, debris 3 Hours
7/24/2010 Mangrove Lift Station Sewage overflow, pump tripped 1 Hour 15 min.
7/26/2010-7-27/2010 Savan Basketball Ct. overflow onto Bask. Ct/dirt,stone 30 Hours
7/26/2010 Prindsens Gade sewage in street/ grease, sand, debris 2 Hours
7/27/2010 Pearson Gardens overflow into street/ grease and stone 2 Hours
7/27/2010 199AB Hospital Ground sewage in street/rocks,dirt debris 1 Hour
7/27/2010 Subbase Tennis Courts Sewage in Street/ grease, gravel, stone 9 Hours
7/30/2010 #3A Mon Bijou Manhole clogged with tree roots and debris 2 Hours
8/5/2010 #3A Mon Bijou Manhole clogged with tree roots and debris 1 Hour
8/18/2010 Polyberg Domino's gas sewage into street /sand, stone, debris 2 Hours
8/18/2010 Jah Yard Hospital Ground sewage into street /sand, stone, debris 2 Hours
8/19/2010 Barren Spot PS Pump lost its prime 1 Hour 45 min.
8/21/2010 Barren Spot PS Couplings were destroyed 15 Hours 30 min.
8/23/2010 Green Corner sewage into street grease/gravel/debris 3 Hours
8/21/2010 Dept. of Labor sewage into street/ Sand, grease debris 2 Hours 30 min.
8/23/2010 Campo Rico PS Diesel pump suction line separated 2 Hours 35 min.
8/24/2010 Barren Spot PS Couplings were off balanced 2 Hours
8/30/2010 Fig Tree PS Electrical surge 1 Hour 15 min.
8/30/2010 Barren Spot House Pump Failed 1 Hour 45 min.
8/30/2010-8/31/2010 New TuTu Lower Valley Pump PS failed/loss electric 1 Day?
8/30/2010-8/31/2010 Bovoni Texaco PS failed/loss electric power Hurr. Earl 1 Day?
8/30/2010-8/31/2010 Bovoni Housing PS failed/loss electric power Hurr. Earl 1 Day?
8/30/2010-8/31/2010 Weymouth Rhymer PS failed/loss electric power Hurr. Earl 1 Day?
8/30/2010-8/31/2010 Subbase PS failed/loss electric power Hurr. Earl 1 Day?
8/30/2010 NaNa Gut PS failed/loss electric power Hurr. Earl ONGOING
8/30/2010-8/31/2010 Cancryn PS failed/loss electric power Hurr. Earl 11 Hours 30 min.
8/30/2010-8/31/2010 Long Bay PS failed/loss electric power Hurr. Earl 1 Day?
8/30/2010-8/31/2010 Airport PS failed/loss electric power Hurr. Earl 1 Day?
8/30/2010-8/31/2010 Bourfield Amco PS failed/loss electric power Hurr. Earl 1 Day?
8/31/2010 Campo Rico PS WAPA Power Surges- pump malfunction 1 Hour 15 min.
9/1/2010 Ulla Muller School Manhole overflow/ grease, debris 7 Hours
9/1/2010 Green Corner sewage in street/ grease, stones debris 7 Hours
9/1/2010-9/3/2010 Barren Spot Broken 8" sewer force main 2 Days 5 Hours
9/5/2010-9/7/2010 Barren Spot House Pump Failed 2 Days 9 Hours 30 min.
9/8/2010 Barren Spot PS House Pump Failed 12 Hours
9/8/2010-9/11/2010 LBJ Broken Force Main 2 Days 18 Hours 30 min.
9/9/2010 3359-3360 Nadir Manhole overflow stone and debris 6 Hours
9/9/2010 Na Na Gut PS impeller pump clogged with debris 3 Hours 30 min.
9/13/2010 Cancryn PS station off-line flow control relay malfunction 50 minutes
9/13/2010 11B Lindbergh Bay Happy View into street/dirt, paper, debris 2 Hours
9/14/2010 Estate TuTu E1 Manhole overflow/rocks, bottles, grease debris 3 Hours
9/14/2010 2-25 Bovoni Sewage in street/ stones, gravel, debris 1 Hour
9/16/2010-9/17/2010 Garden Street Villa Fair View sewage in st/dirt, paper 25 Hours, 30 min.
9/17/2010 1-2 Haabets Gade Sewage in Street/dirt, wire hangers, paper 4 Hours
9/19/2010 Backstreet Manhole overflow/excessive grease 3 Hours 30 min.
9/19/2010 #84 Contant Sewage in Street/excess gravel and stone 1 Hour 30 min.
9/20/2010 35 Anna's Retreat Sewage in Street/dirt, tree roots 3 Hours
9/21/2010 Bovoni Racetrack Sewage overflow/rocks, gravel 3 Hours
9/22/2010 Fig Tree PS electrical malfunction 30 minutes
9/23/2010 Campo Rico PS suction hose came away 59 minutes
12/2/2010 Campo Rico PS clogged vent line 40 minutes
12/2/2010-12/3/2010 Barren Spot ditch line for diesel pump separated 27 Hours 15 min.
12/5/2010 Ramsey Guest House Sewage in Street/Sand, grease, gravel 1 Hour 30 min.
12/6/2010 394-171 Anna's Retreat overflow into yard/ sand and gravel 3 Hours
12/6/2010 Bovoni Racetrack Sewage in Street/ sand and gravel 4 Hours 30 min.
12/13/2010-12/14/2010 394-134 Hidden Valley sewage in yd/debris, sand 25 Hours 30 min.
12/13/2010-12/14/2010 11B Upper Contant sewage in yd/sand, gravel 24 Hours
12/15/2010 Hospital Ground (Wallace Bldg) overflowing/grease, gravel 2 Hours
12/18/2010 Lagoon Street PS house pump failed-sewage overflow 3 days 22 hours
1/4/2011 Weymouth Rhymer PS Force Main Break Ongoing
1/4/2011 143A 13 Anna's Retreat Sewage overflowing excessive rags, debris 2 Hours
1/6/2011-1/10/2011 148-50 Anna's Retreat overflow, excess. Rags, debris 4 Days 2 Hours
1/7/2011-1/10/2011 146 92 Anna's Retreat overflow/ excessive rags, debris 3 Days 3 Hours
1/9/2011-1/14/2011 Humbug II PS Obstructed Force Main 5 Days 3 ½ Hours
1/10/2011 Chicken Fry manhole overflow excessive grease, debris 2 Hours 30 min.
1/10/2011 Metro Motors overflow-excessive sand and stone 2 Hours 30 min.
1/10/2011 Frenchtown manhole overflow/excessive Grease 4 Hours
1/10/2011 Soto Town, Contant sewage overflow/sand and dirt 4 Hours
1/14/2011 St Croix Rennaissance sewer line clogged with dirt 1 Hour 30 min.
1/16/2011 Campo Rico PS clogged suction line 2 Hours 12 min.
1/27/2011-2/9/2011 LBJ new force main "10 days 11.5 hrs" (actually 13 Days 11.5 Hours)
1/30/2011 148-166 Estate TuTu Manhole overflow/excessive dirt, rocks 26 Hours
1/31/ 2011 Campo Rico PS wastewater overflow/clogged vent line 25 minutes
1/31/2011 46 Sion Farm Manhole overflow/grease clogged line 2 Hours
1/31/2011 Frenchtown Excessive dirt rocks and stones in line 3 Hours
2/2/2011 29-A Contant Sewage overflow, grease and gravel 1 Hour 30 min.
2/3/2011 #5 First Street, Sugar Estate sewage overflowing 4 Hours 30 min.
2/3/2011 Cancryn PS WAPA outage caused pump to fail 12 Hours
2/11/2011-2/14/2011 Peter's Rest Manhole Overflow (48 Hrs/30 min) real: 72 Hours 30 min.
2/14/2011 125-60 Old TuTu sewage overflow- excess stone, gravel, debris 1 Hour 30 min.
2/14/2011 Long Path Garden Street overflow-paper towel, gravel, debris 1 Hour 30 min.
2/16/2011 Gomez School Sewage overflow- excess grease in line 1 Hour
2/17/2011 Chicken Fry manhole overflow excess grease and debris 2 Hours 30 min.
2/17/2011 Credit Union 34B-35 Norre Gade manhole overflow 1 Hour 30 min.
2/18/2011 172 Anna's Retreat manhole overflow, excess rocks sand, debris 3 Hours 45 min.
2/22/2011 29A Contant Sewage overflowing 1 Hour 30 min.
2/22/2011 Monbijou PS Busted Suction Line Gasket 2 Hours 15 min.
2/22/2011-2/23/2011 McDonald's, Frenchtown overflow-excessive grease 24 Hours
2/22/2011-2/23/2011 NaNa Gut PS sewage flowed into gut 1 Day?
2/23/2011 Barren Spot PS busted discharge hose 3 Hours 15 min.
2/23/2011 Weymouth Rhymer PS pump was air locked 3 Hours 15 min.
2/23/2011 New TuTu lower PS station overflow 2 Hours
2/23/2011 Chicken Fry excessive grease and debris in line 2 Hours 30 min.
2/23/2011 Contant Car Wash sewage overflowing into street-rocks, gravel 1 Hour 30 min.
2/23/2011 Palms Strada #16GB manhole overflow excess grease, debris 4 Hours
2/24/2011-3/2/2011 Force main adj to Hovensa Broken Force Main 6 Days 6 Hours
2/24/2011-3/2/2011 Fig Tree PS Broken Force Main 5 Days 22 hours
2/25/2011-3/1/2011 Hospital Ground sewage into street/gravel, stones 4 Days 35 min.
3/2/2011 Barren Spot PS pump impeller was blocked with debris 10 minutes
3/3/2011-3/4/2011 Monbijou PS Defective Pump bypassing 22 ½ Hours
3/10/2011 Campo Rico PS Clogged Suction Line 50 minutes
3/10/2011 178 and 236 Altona and Welgunst excess branches, trees, debris 2 Hours
3/12/2011 Campo Rico PS "Non- compliance Form will follow" 15 minutes
3/13/2011-3/23/2011 Barren Spot PS/submersible pump had elec. failure 10 Days
3/14/2011-3/15/2011 Anna's Retreat basketball ct. grease, rocks 1 Day 1 Hour 15 min.
3/14/2011-3/15/2011 First Ave. Sugar Estate into street grease/debris 24 Hours
3/18/2011 New TuTu Lower PS pump station off-line shaft seal failed 1 Hour 30 min.
3/21/2011-3/24/2011 NaNa Gut PS Pump impeller 3 Days 6 Hours
3/23/2011 Campo Rico PS Clogged Vent Line 15 minutes
NOTE 1: SEVERAL OF THE BYPASSES STATE "ONGOING" WITHOUT STOP DATES, SO THE COUNT MAY BE SIGNIFICANTLY HIGHER.
NOTE 2: THESE NON-COMPLIANCE REPORTS ARE NOT COMPLETE. THEY DO NOT REFLECT THE LBJ BYPASS WHICH COMMENCED ON 4/24/10. THAT BYPASS, REPORTED 4/28/10 IN THE VI DAILY NEWS, OCCURRED DURING THE TIME IRONMAN TRIATHLETES SWAM THEIR PRACTICE SWIMS AND JUST BEFORE THE IRONMAN RACE IN CHRISTIANSTED HARBOR ON 5/2/10, IN THE AFFECTED WATERS.
NOTE 3 THE BYPASSES WHICH APPEAR TO HAVE BEEN PUMPED INTO COASTAL WATERS, THROUGH PUMP STATIONS, ARE BOLDED.
Posted in Citizen's Suit, Coral, DPNR, Endangered Species Act, EPA, NOAA, Waste Management | Tagged Citizen's Suit, Clean Water Act Violations, dumping continues, dumping raw sewage, Endangered Species Violations, EPA, illegal sewage dumping, raw sewage, VIWMA, waste management authority | Leave a comment
EPA Complicit – Grossly Understating Raw Sewage Dumping
This is what we got in response from the EPA:
From: Enck.Judith@epamail.epa.gov [mailto:Enck.Judith@epamail.epa.gov]
Sent: Saturday, April 30, 2011 8:36 PM
To: Susan Wolterbeek
Subject: Re: EPA has allowed at VIWMA to continue dumping millions of gallons of raw sewage into our territorial waters, despite court order and federal laws designed to protect us
Thanks. We will get back to you in about 2 weeks
Sent by EPA Wireless E-Mail Services
The following is an emailed letter sent to the EPA, NOAA, The Center For Biological Diversity and the VI Daily News
Susan K. Wolterbeek
President, GreenerVI.org
St. Thomas, VI 00803-6658
Judith Enck
Regional Administrator
EPA Region 2
New York, New York 10007-1866
Enck.Judith@epamail.epa.gov
Administrator Enck:
We Virgin Islanders have a legal right to not have our Caribbean coastal waters filled with raw sewage. Don't you agree? Although I met with you last May about this, and have written to you several times imploring the EPA to stop allowing millions of gallons of raw sewage to be dumped into our coastal waters, your agency still has not regulated VIWMA.
In the past year since the Court Order of 3/18/10, VIWMA has dumped raw sewage for at least 87 days according to the records which came from your office, and newspaper articles. Last year the rate testified to and reported in the VI Daily News was that raw sewage was pumped out at 1.2 million gallons per day.
If the rate is the same, that means since the 3/18/10 Court Order, 104 million gallons of raw sewage were dumped where people swim and fish, dive and snorkel, where Hawksbill and Green Sea Turtles eat, and where Staghorn and Elkhorn Coral live. We humans and these Endangered Species are protected by federal laws which your agency is sworn to uphold.
Nevertheless, within weeks VIWMA had violated the Court Orders, as I kept telling you, yet the dumpings continued, and your agency would not and will not file for Contempt, Receivership, Sanctions, or even alert NOAA that your agency's actions, each of those bypasses, have occurred, each of which are separate violations of the Endangered Species Act.
I formally requested of your office, through the Freedom Of Information Act (FOIA), the start and stop dates and rate of flow of every bypass of raw sewage in the Territory since 1/1/10. Your office supplied me with many Non-Compliance Reports, but there are significant gaps. The 50 million gallons of raw sewage pumped over Long Reef January-March last year is not reflected in the Non-Compliance Reports for that time period, except for 2 reports, of LBJ and Barren Spot Pump Stations, which simply say "ONGOING BYPASS".
There have been 150 Non-Compliance Reports, since the 3/18/10 Court Order, and a few of those said "ONGOING BYPASS", too, which itself is not compliant with federal law or the TPDES Permit, and without start and stop dates, the bypasses may have continued for days, weeks, months, or they are still ongoing, so the actual days of bypass since the 3/18/10 Court Order may be significantly higher than 87. Further, there was a newspaper article about a 10 day bypass of raw sewage over Long Reef April 24-May 4, 2010, right when the Ironman Tri-athletes were swimming in the affected waters, yet there are no Non-Compliance Reports furnished for those dates. How many other major bypasses did not get written into Non-Compliance Reports?
Because the Non-Compliance Reports are woefully incomplete, I have repeatedly renewed my FOIA Request for the start and stop dates and rate of flow from your office so that I may give the Federal District Court accurate figures, yet your FIOA Officer will not release this information, without explanation, in violation of 5 U.S.C. § 552 (6)(A)(i).
In the EPA's Final Submission, filed with the Federal District Court on 4/11/11, instead of informing the Court about this horrific 87 days bypassing of 104 million gallons of raw sewage which your agency has allowed to continue, your attorneys alluded to some small bypasses and specifically mentioned a Barren Spot 3 day bypass to the judge, [which was in truth March 13-23, 2011, 10 days, by your own records]. The EPA further failed to tell the Court about VIWMA's continued Contempt of Court Orders by refusing to warn the public with required Public Notices and posting signs on affected beaches. What thought or care is being given to those most at risk-the elderly, pregnant women, people with immune deficiencies, and what of the turtles and coral which live in those waters?
Since the EPA will not give the Court this vital information of VIWMA's continued willful violation of federal laws and contempt of Court Orders, it falls to us citizens to do the work. We need this continued dumping of raw sewage to stop now, and forever. I am preparing a Citizen's Suit through a Motion to Intervene, and am asking that your agency now provide to the Public, and the Court, the full, unredacted details of all raw sewage bypasses since 1/1/10, including start dates, stop dates and rates of flow. Further, please tell me whom, if anyone, the EPA has contacted at NOAA, the National Park Service and the Department of the Interior concerning these bypasses, as each of these agencies is affected and should have been notified.
I look forward to hearing from you in regard to these issues, as soon as possible.
cc: Lisa Jackson, Administrator, EPA
Thomas Bigford, NOAA
Miyoko Sakashita, Oceans Director, Center For Biological Diversity
Lowe Davis, VI Daily News
Posted in Coral, DPNR, Endangered Species Act, EPA, NOAA, Waste Management | Tagged Bypassing sewage, Clean Water Act Violations, dumping continues, dumping raw sewage, Endangered Species Violations, EPA, federal judge, ignores law, illegal sewage dumping, Understating Facts to Judge, VIWMA, waste management authority | Leave a comment
Repairs Force WMA to Divert Sewage Over Long Reef
Published March 20, 2011 | By dave
By Source Staff — January 18, 2011
The LBJ sewer system pump station will be taken offline Wednesday and sewage temporarily pumped into the sea for 10 days while a V.I. Waste Management Authority contractor finishes part of the work to replace the LBJ sewer force main, according to the WMA.
VIWMA is advising residents of the LBJ Housing Community and surrounding areas to avoid groundwater in the area as it may be contaminated with sewage.
Contractor GEC is doing the work, which includes:
– Shutting down of the LBJ Pump Station and pumping over Long Reef for roughly 10 days;
– Connecting the newly installed 24-inch force main to the existing system;
– Replacing the flow meter and stand pipe at the pump station; and
– Cleaning the pump station's wet well.
To complete this work, the LBJ Pump Station will be placed offline Wednesday and will remain offline until Jan. 27th.
According to VIWMA, this is being conducted in accordance and in compliance with the Authority's Territorial Pollution Discharge Elimination System Permit and notification has been provided to the regulatory agencies as required.
This phase of work began with the replacement of a portion of the force main from the LBJ Pump Station, south along the access road and then east along Route 751, which runs adjacent to the LBJ Housing Community toward the WAPA Richmond Plant.
Workers installed roughly 1,300 linear feet of 24-inch PVC piping parallel to the existing force main line.
Once the sewer line work is complete, workers will repair the roadway, sidewalk or road apron, according to VIWMA.
Posted in EPA, Waste Management | Tagged Bypassing sewage, contaminated groundwater, raw sewage, sewage pump failure, St Croix, VIWMA, warning to public | Leave a comment
NOAA Defers Raw Sewage Issue to EPA … and the Dumping Continues
Published March 7, 2011 | By dave
From: Thomas Bigford [mailto:Thomas.Bigford@noaa.gov]
Subject: Your Phone Call
Susan — I relayed the basics from our phone conversation and have been heartened by the vigorous discussion across many federal agencies and from regions to headquarters. I'll try to distill the conversations in an email to you later today or will ask someone else to contact you in my absence (I'll be on the west coast from Tues-Thur). Thanks again for your call.
Sent: Thursday, May 06, 2010 12:35 AM
Cc: Jennifer.Koss; Jennifer Moore; Steven Thur
Subject: Re: Update Tomorrow
Susan —
Sorry for the delay. My travels to Seattle have been busier than expected.
I shared details from our phone call immediately after we talked last Friday. The coral, protected species, and habitat folks across NOAA exchanged ideas based on our conversation and your earlier postings to NOAA's coral email address. The protected species people know their options if Acropora are present. And the coral people relayed the info to EPA Region 2, with jurisdiction in the islands. This is really a water quality issue in EPA's hands but we realize the implications to NOAA interests, too. I have not seen any new emails in the past day so must assume EPA Region 2 in NYC and the islands are proceeding. We'll remain in touch with them so we know what happens.
Susan Wolterbeek wrote:
Dear Tom:
I see this as impacting Endangered Species, Habitat, Coastal Zone, and your Coral Divisions. In addition to the 72 million gallons dumped 1/17-3/17, VIWMA dumped April 24-27th. Then, an Iron Man Triathalon was held on Sunday, May 2, and these top competitors, in top physical shape, swam in those waters. We need to stop this dumping. I have written an analysis and am talking with Judith Enck, Regional Director, EPA tomorrow. I will get back to you after that.
Sincerely, Susan
Posted in Coral, Endangered Species Act, EPA, NOAA, Waste Management | Tagged dumping continues, dumping raw sewage, endangered coral, NOAA defers enforcement, VIWMA | Leave a comment
NOAA Notified of Illegal, Continuing Dumping of Raw Sewage
Sent: Friday, April 30, 2010 4:04 PM
Subject: Re: VIWMA dumping 72 million gallons or raw sewage over Long Reef, St. Croix
Thanks for your phone call and message, Susan. I have relayed the information to others and will follow up with them later today and Monday. I'll get back to you asap.
Mr. Thomas Bigford, Habitat Division (F/HC2)
National Marine Fisheries Service, NOAA
1315 East-West Highway, Rm 15317
Dear Mr. Bigford:
I have been doing the preliminary research on various federal laws and approaches to the problem, and I think the best solution would be to file an amicus brief with the Federal District Court, in conjunction with NOAA, FWS, the Nature Conservancy and the Center for Biological Diversity, and in support of the EPA. Here are the basic facts:
There is a longstanding EPA consent decree based upon prior violations by VIWMA. VIWMA does not abide by the consent decree. VIWMA does not even do the minimum required publishing and reporting every day the fact that it is daily dumping 1.2 million gallons of raw sewage and people should stay out of the coastal waters, and fishermen should not catch fish there. This in itself is a gross negligence for failing to perform the most rudimentary of health care measures. Further, we have a large tourist population during the height of season, and they should have been warned as well as the Virgin Islanders.
Also, this discharge of 72 Million Gallons of raw sewage was dumped near protected wildlife refuges, and in coastal waters which is the home to staghorn and elkhorn coral and their habitat, all protected by the ESA as well as protected turtles, fish, and other species.
VIWMA is fiscally irresponsible, not collecting septage and other basic fees, not keeping all federally mandated records or even issuing an annual report for the past 4 years.
VIWMA has not maintained its equipment, or had a reasonable back-up system, resulting in VIWMA dumping 72 million gallons of raw sewage over Long Reef, St. Croix, over a two month period. VIWMA was told by the EPA to stop dumping but did not do so until it received a Court Order.
Federal District Court Judge Gomez issued specific orders on March 18, 2010. VIWMA then violated those orders as reported in a newspaper article.
Then, VIWMA again dumped raw sewage on April 27, 2010.
Clearly, VIWMA has no interest or intention of following court orders. We cannot wait for VIWMA to dump any more raw sewage.
The Federal District Court has the ability to take extraordinary measures on behalf of the people of the Virgin Islands for human health reasons, for criminal taking of Endangered Species, for wholescale mismanagement of the VIWMA. The Federal District Court may order the EPA to take over management of the VIWMA.
That needs to occur now. If the EPA takes over management of VIWMA, it can stop dumping, buy necessary equipment, say no to Alpine, and focus on a comprehensive waste management plan.
My rough research shows the following:
It is entirely appropriate to file an Amicus Brief , particularly when VIWMA has just violated Federal District Court Orders.
The ESA affects regulation under the Clean Water Act. In early 1999 EPA, FWS, and NMFS published a draft Memorandum of Agreement regarding enhanced coordination under the Clean Water Act and the ESA. 64 Fed. Reg. 2741-57 (January 15, 1999). Moreover, EPA has been negotiating agreements with states that issue NPDES, thus it is also appropriate and helpful to the District Court Judge to get NOAA, FWS, The Nature Conservancy and the Center for Biological Diversity's point of view on all of this, while the case is currently before the Court.
ESA § 9 makes it unlawful for anyone to "take" a listed animal, and this includes significantly modifying its habitat.
Public Law 100-478, enacted October 7, 1988, (102 Stat 2306) included the following provisions:
Redefines the definition of "person" to clarify law applies to municipal corporations.
Thus, NOAA and the U.S. Attorney's Office may chose to prosecute the Senior Staff, Board of Directors, and perhaps other agency personnel for thousands of criminal violations of the ESA. All of this could have been avoided, and now so much of our coral, wildlife preserves and ecosystem in general is at risk. Given what is going on with the oil leak in the Gulf of Mexico, and how that may devastate the Florida coral populations, that makes this case all the more unconscionable, since it should never have happened.
Pursuant to ESA Chapter 7, "Each federal agency shall . . . ensure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species." The only way the EPA can ensure this is if it takes over VIWMA.
Do you think NOAA/NMFS would submit an Amicus Brief, either jointly with or separately from the aforementioned agencies? The Center for Biological Diversity is very interested, but they don't have the manpower to prepare the Amicus Brief. I have been communicating with Peter Galvin, Chief, International Division, telephone: 707.986.2600 email: 'PGalvin@biologicaldiversity.org'
In regard to the Nature Conservancy, since they have 3 project areas of recolonization of Staghorn and Elkhorn Coral around St. Croix and 1 in St. Thomas, (through a NOAA grant) they may have all the data you need to make your criminal as well as civil action successful. The contact person there is:
Kemit-Amon Lewis, Coral Conservation Manager for The Nature Conservancy at (340) 718-5575 or via email klewis@tnc.org.
Posted in Coral, Endangered Species Act, EPA, NOAA, Waste Management | Tagged dumping raw sewage, endangered coral, Endangered Species Violations, EPA, VIWMA | Leave a comment
Federal Partnership Needed in Virgin Islands
Adam Warren
VI Renewable Energy Pilot Project
1617 Cole Blvd.
Adam.Warren@nrel.gov
Joseph McDermott
Acting Director Liaison
Office of Insular Affairs – Policy & Liaison Division
Joseph_McDermott@ios.doi.gov
Steve Meyers
Partnerships and Communications
NOAA Fisheries Service
Silver Spring, Maryland 20910
steve.meyers@noaa.gov
Gentlemen:
I write to you as a stateside attorney and an environmental citizen's advocate on St. Thomas. It was a pleasure to speak with all of you in regard to the VI Renewable Energy Pilot Project, the current waste and energy challenges we face in the U.S. Virgin Islands, and the need to form a partnership with citizens, environmentalists and federal and local agencies to address these challenges together.
As you can see by the attached articles in the Virgin Islands Daily News, the VI Waste Management Authority (VIWMA) had a series of equipment breakdowns which resulted in dumping 1.2 million gallons of raw sewage per day over Long Reef in St. Croix from January 17 to mid-March. The main station in St. Thomas, Cancryn, "has been without a working pump for close to nine months, Cornwall said." The landfill in St. Croix was scheduled to close years ago, and St. Thomas is not far behind. Clearly, VIWMA needs help, with a comprehensive approach toward both solid waste and wastewater treatment. These major Territorial issues are in addition to our energy woes, which you are already familiar with.
Understandably, the VI Senate is all the more pressed to find a solution to our landfill and wastewater problems as well as our energy issues. Alpine and our local government, unilaterally, without citizen knowledge or involvement, entered into an agreement in 2009 for a waste to energy concept which is fueled primarily by petroleum coke and oil, and refuse derived fuel (rdf). Many factors are not addressed by Alpine, such as, for example, the horrendous toll on the environment from heavy metal and CO2 emissions. If we do not lower our CO2 emissions, all the remaining coral in the world will die.
There has been a vehement outcry of collective opposition to the Alpine plan by citizens and environmentalists, from both an economic and an environmental perspective. Many town and community meetings have been held, dozens and dozens of Letters to the Editor have been published, Testimony has been given before the VI Senate, and several environmentalists have devoted themselves full-time to researching and educating the rest of us as to the facts and the issues involved. I prepared a brief analysis for the Senate. Please see the attached letter to Senator Malone which discusses the Alpine plan and how it is counter to the goals of EDIN and our Country's and Territory's pledge to decrease our reliance on oil-based solutions.
A portion of the Alpine plan was voted down by the VI Senate in March, 2010, but Alpine is modifying their proposal and will be submitting it to the VI Legislature within 2-4 weeks, according to VIWMA. According to the VI Daily News, the new Alpine plan would only burn petroleum coke in an emergency. Yet that means that rather than building a straight rtf plant, they would be building a plant for an untried technology, (burning rtf and petroleum coke), just for an emergency situation. That is not logical from an economic aspect, unless they plan to have many emergencies. The previous plan called for burning up to 4,600 hours of oil a year, with the petroleum coke and rtf. An oil-based solution, even with rtf, is not the best solution, and would tie us to the volatile oil market for at least 20 years, right when everyone has agreed in EDIN that we will be the pilot for renewable energy.
China and India are burning petroleum coke, and having a very negative impact on the world's atmosphere. Our federal agencies cannot do anything about those jurisdictions, but you gentlemen can make all the difference by helping our Territory to say no to Alpine, and instead, working together, put great minds to the task of coming up with a comprehensive waste management system, and hopefully a waste to energy system using AC Plasma Gasification.
We citizens and environmentalists have been consulting with a Professional Engineer in Waste Management who is preparing a solid waste strategy/plan now, to submit to the VI Senate for their careful consideration as an alternative to the Alpine proposal. The concept is to address all of the USVI solid waste issues, to develop a comprehensive plan which is economical and environmentally responsible. By representatives of all concerned focused together, with transparency, we will be able to implement the plan much more efficiently, without collective energy focused on objections and lawsuits. Further, since all federal and local agencies would be involved in the process from the outset, the permitting and approvals would be more streamlined.
Alpine's waste to energy plan would tie the territory to using petroleum coke, oil or both for at least the next 20 years. Thus, this issue involves not only the EPA, but all the federal agencies who are committed to the success of the EDIN VI Renewable Energy Pilot Project. Further, the high CO2 and heavy metal emissions, in addition to other hazardous materials, affect the islands and coastal waters which are the responsibility of NOAA and FWS. If all these federal agencies are helping us Virgin Islanders and our government to shoulder the collective responsibility for the success of this waste to energy project, we will succeed.
Our solid waste strategy/plan includes the consideration of alternating current (AC) plasma gasification, which would be a far more economical, environmentally green waste to energy system. Since AC plasma gasification is cutting edge technology, it should be of great interest to the federal agencies involved in the VI Pilot Project. We will forward these documents to you as soon as they are submitted.
cc: Judith Enck, EPA Administrator, Region II
Miyoko Sakashita, Esq. Center for Biological Diversity
Posted in Alpine Energy, Coral, Endangered Species Act, Energy Development in Island Nations, EPA, NOAA, WAPA, Waste Management | Tagged Alpine Energy, dumping raw sewage, PetCoke, refuse derived fuel, VIWMA | Leave a comment
US Attorney Notified About Continuing, Illegal Dumping of Raw Sewage
Although We Wrote to the US Attorney About Contempt of Court Orders, We Heard Nothing Further
Response email from the US Attorney
From: Hewlett, Joycelyn (USAVI) [mailto:Joycelyn.Hewlett@usdoj.gov]
Sent: Thursday, April 29, 2010 12:45 PM
Cc: Enck.Judith@epamail.epa.gov; miyoko sakashita; Frankel, Donald (ENRD)
Subject: RE: Recent dumping of 72 million gallons of raw sewage over Long Reef
Dear Ms. Wolterbeek:
Thank you for your telephone call and e-mail. I have copied Attorney Donald Frankel, the lead attorney on this case. He has been following the developments in this case and will respond accordingly.
Original Notification Letter to US Attorney, Asking Them to Enforce Court Orders and the Endangered Species Act
Joycelyn Hewlett
Civil Chief/ FLU Supervisory Attorney
United States Attorney's Office
United States Courthouse & Federal Building
5500 Veteran's Drive, Suite 260
St. Thomas, Virgin Islands 00802-6424
Re: Recent dumping of 72 million gallons of raw sewage over Long Reef
Dear Attorney Hewlett:
I am a stateside attorney and former NYC Assistant District Attorney, and am writing in regard to VIWMA's dumping 72 million gallons of raw sewage over Long Reef from January 17th through mid-March, 2010. The VI Daily News reported that Federal District Court Judge Gomez directed VIWMA to do the following:
– Ensure the one working pump at Figtree station remains operational.
– Install a second working pump at Figtree by Tuesday.
– Comply with the public notification requirements as detailed in the Territorial
Pollution Discharge Elimination System permit. According to the permit, the agency must notify the public by television, radio and newspaper each day a sewage bypass occurs.
– Ensure that St. Croix has two operational auxiliary diesel pumps for emergencies. The first must be obtained by Wednesday and the second by March 26.
– Certify that the Cancryn pump station on St. Thomas has a six-inch and a four-inch auxiliary diesel pump in working order as backup for the 10-inch pump currently in operation.
The federal government said in Thursday's court filing that in addition to the problems at LBJ and Figtree, the Barren Spot pump station on St. Croix and the Cancryn pump station on St. Thomas also are in danger of failing as well.
One would think that VIWMA would be very scrupulously complying with the federal court order, purchasing and installing all the replacement and backup pumps according to the judge's schedule. Also note that VIWMA was to certify that the Cancryn Pump Station, the main station of St. Thomas, is operational, with two back-up pumps. However, according to the VI Daily News article dated Friday, April 16, 2010:
"Because of the frequent failures, Waste Management is planning to buy a number of upgraded pumps to replace the downed pumped and a backup for each station on St. Croix." …"St. Thomas' Cancryn pump station – the island's main station – has been without a working pump for close to nine months, Cornwall said. A contractor is diverting flow around Cancryn to another station while cleaning takes place. The station should be back up and running by the end of April, Cornwall said."
These statements lead one to believe that the pumps have not been purchased yet, in direct violation of the District Court Order.
I wrote to Jim Casey, Virgin Islands Coordinator of EPA Region 2 on Monday, April 26, 2010 to suggest that the EPA may want to confirm that VIWMA has complied with the March District Court Order. Then, the next day, VIWMA again allowed raw sewage to flow into our coastal waters and the Caribbean Sea. It was emphatically stated that this new release of raw sewage was a pipe issue, not the pumps, but you may want to find out whether VIWMA bought and installed the pumps as specified in the court order, or just submitted a plan to do so.
Further, the March Court Order states that Cancryn pump station "is in danger of failing", not that it has already failed, waste is currently diverted around Cancryn, and that station has been without a working pump for 9 months. According to the Order, VIWMA had to certify in March for Cancryn that there are 4 inch and 6 inch auxiliary backup pumps in addition to a working 10 inch operational pump. Yet, VIWMA stated in April that the Cancryn pump has not been working for 9 months, so how could they possibly make such a certification?
According to NOAA, "coral reefs buffer adjacent shorelines from wave action and prevent erosion, property damage and loss of life. Reefs also protect the highly productive wetlands along the coast, as well as ports and harbors and the economies they support. Healthy reefs contribute to local economies through tourism. Diving tours, fishing trips, hotels, restaurants, and other businesses based near reef systems provide millions of jobs and contribute billions of dollars all over the world. Recent studies show that millions of people visit coral reefs in the Florida Keys every year. These reefs alone are estimated to have an asset value of $7.6 billion (Johns et al., 2001)."
You may be aware of the enormous oil spill which is near Florida and appears to be headed for the Florida Keys, where NOAA and Coral experts have been protecting and recolonizing coral. If Florida's coral dies from this massive oil spill, we must be all the more protective of the coral in the USVI.
There remains only 3 percent left of the coral of 30 years ago. Staghorn and Elkhorn Coral are currently protected by the Endangered Species Act, and the Center for Biological Diversity has filed a formal petition to protect 83 more imperiled coral species, seven of which are local to the U.S. Virgin Islands. These corals already face a growing threat of extinction due to rising ocean temperatures caused by global warming, and the related threat of ocean acidification. Now 72 million gallons of raw sewage has been dumped onto the reefs, then more on Tuesday. Steps must be taken to ensure there will be no more dumping, or the reefs will be gone.
cc: Judith Enck, EPA Administrator, Region 2
Posted in Coral, Endangered Species Act, EPA, NOAA, Waste Management | Tagged dumping continues, endangered coral, Endangered Species Violations, EPA, illegal sewage dumping, NOAA, US Attourney Notified, VIWMA | Leave a comment
Letter to NOAA Bureau Chiefs
Published February 27, 2011 | By admin
Sarah Heberling, NOAA
Steve Meyers, NOAA
Dave Bernhardt, NOAA
Miles Croom, NOAA
Dear NOAA Chiefs:
The Virgin Islands Waste Management Authority is dumping an enormous amount of raw sewage onto Long Reef, St Croix, US Virgin Islands, and has been doing so all last week. Please see the VI Daily News article below. Sadly, I learned from Paul Chakroff, Executive Director of the St. Croix Environmental Association, that Waste Management has been dumping large quantities of raw sewage every few months for many years, and DPNR has kept on allowing it, every time. Each time they claim it is an emergency, so that they can qualify under a provision in a 1990 consent order between DPNR and VI Public Works, which is attached.
Paragraph 17 of said agreement states "DPNR records document an extensive chronology of unpermitted discharges of untreated sewage into the waters on all three islands." Now, 20 years later, Waste Management is still dumping raw sewage, every few months. I have alerted Judith Enck, our new EPA Regional Administrator, of the dumping. Ms. Enck had just visited the Virgin Islands, and met with not only the local government but also with local environmentalists and concerned citizen groups, one of the first meetings of its kind here with federal agents, which we deeply appreciated. Barely two days after Administrator Enck left, Waste Management suddenly had another quarterly emergency and the dumping began again. The EPA is investigating the matter from their end, but it would help to coordinate agency efforts, and to let the USVI citizens know that you care, because they are killing our coral, and this dumping of raw sewage has been going on and on for years.
Since DPNR is under NOAA, and you are all bureau chiefs and coral experts, won't you please force Waste Management and DPNR to come up with at least an interim plan, immediately, so they will not do any more dumping? Second, can any funds and personnel be released to evaluate and clean up Long Reef, before it is too late? I emailed Dr. Lisamarie Carrubba, our local NOAA contact, but she has not even responded. Again, this has been an ongoing problem, for decades. Can't we please get a task force down here, from National Headquarters, before it is too late?
Waste Management still has all residents throwing garbage into huge dumpsters, without any recycling. They have agreed to the Alpine plan to build petroleum coke/oil/garbage burning plants here, using the heavy metal refuse from Venezuelan oil, hence very high in sulphur, emitting far greater CO2 than at present, right into Stalley Bay, which the local government characterized a few months ago as "pristine", and filled with endangered species.
A lease has already been signed to build these plants in St. Thomas and St. Croix, with 444 million of Virgin Island ratepayers' money, then run these plants for 20 years, with a renewal for another 20 years. They plan to build a 10 million dollar dock in St. Thomas, with 300 foot barges driving in all of the petroleum coke, ammonia, and other products, and barging out 370,000 tons of fly ash per year, without any spills or accidents. There would be huge intake and outflow pipes of "treated water" going out into this "pristine" bay. It is very windy here in the Virgin Islands. They plan to build silos to contain only 2 days worth of fly ash. What if the barges were to run into heavy weather several days in a row? Please see the attached letter to Senator Malone, urging him to take action and dispense with Alpine.
I am taking a similar approach with Alpine as to that which worked so successfully in Lindbergh Bay, as you all may remember from October, and caused the local government to withdraw their application to dump dredge spoils just a few days after the letter to USACE was published in the VI Daily News.
In addition to all the citizens and environmentalists who have written daily Letters to the Editor for many months now, and testified before the Senate, and the appeal of the Public Service Commission decision, I am consulting with federal agencies, supplying documentary proof, and publishing the legal analysis, but I am a private citizen, unpaid, without resources or clout of a federal agency. If NOAA has a position for this sort of work, I am your woman, but otherwise it would be of enormous help if the federal agencies would take a more proactive role here, beginning with stopping the dumping of raw sewage onto our reefs.
After all, your agency is spending millions to fund coral and coastal zone programs. Those monies and efforts are wasted if raw sewage is being dumped on the reefs, and petroleum coke/oil/garbage plants belch out heavy metals, dioxins and high levels of CO2 for the next 40 years. May we please form a coalition, now, of federal agencies, local agencies, environmentalists and citizens to address our waste and energy issues? Thank you for your consideration in regard to this matter. I look forward to hearing from you.
Miyoko Sakashita, Esq., Center for Biological Diversity
Dr. Caroline Rogers
Dr. Jeff Miller
Judith Enck, EPA Administrator, Region II
Posted in EPA, NOAA, Waste Management | Tagged Alpine, dumping raw sewage, illegal sewage dumping, incinerator, PetCoke, VIWMA | Leave a comment
Sewage diverted over St. Croix reef
By JOY BLACKBURN, Daily News Staff
ST. CROIX — The V.I. Waste Management Authority started pumping sewage over Long Reef on Saturday because of a leak near the LBJ pump station.
According to a statement Waste Management released Tuesday, the authority diverted the wastewater flow to sea over the reef "to reduce the impact to the adjacent neighborhood and prevent sewer overflows in Christiansted town and surrounding areas."
Although the statement said the diversion was because of a broken force main, spokeswoman Stella Saunders said the problem was a leak at the junction where a bypass line and the force main meet about 50 feet east of the LBJ pump station.
The bypassing over Long Reef started at 3:30 p.m. Saturday and was expected to continue for the next five days, according to the statement the authority released Tuesday.
Saunders said officials anticipate it will take that long to make the repairs, which involve letting the line drain, excavating, and repairing or replacing the affected parts.
The federal government last month filed an emergency motion in federal court seeking an order for the Waste Management Authority to make specific improvements at its Fig Tree pump station on St. Croix and at the Cancryn pump station on St. Thomas to stop sewage from dumping into the sea.
In its motion, the federal government contended that between January and March, the authority discharged more than 50 million gallons of raw sewage into the Caribbean Sea — in violation of an amended consent decree and the Clean Water Act — because of pump failures at various times at both the Fig Tree and LBJ stations.
The resulting court order pertained specifically to Waste Management having operational pumps and backups at the Fig Tree station on St. Croix and at the Cancryn pump station on St. Thomas, as well as ensuring St. Croix has two operational diesel pumps for emergencies.
The Waste Management Authority must also comply with public notification requirements.
The order does not deal specifically with the LBJ pump station or the problem that Waste Management says caused the current bypass.
"You have to realize this is an old system. We have to make repairs," Saunders said.
John Senn, a spokesman for the U.S. Environmental Protection Agency, said in an e-mail that the authority informed the EPA about the problem on Monday and that EPA has requested additional information.
"We will continue to monitor the situation and are hopeful that the discharge is stopped as soon as possible," he said.
In its statement, the Waste Management Authority advised all residents with compromised immune systems to avoid the area during this time because the sewage may contain contaminants. It said signs will be posted on the beach reminding persons to avoid the Long Reef and adjacent beach areas until the force main is back in service.
Posted in EPA, Waste Management | Tagged raw sewage, VIWMA, waste management authority | Leave a comment
Federal Judge Orders Upgrades on Illegal Sewage Discharges
Compliance and Enforcement News Release (Region 2): Virgin Islands Halts Illegal Sewage Discharge on St. Croix; Federal Judge Orders Upgrades
U.S. EPA [usaepa@govdelivery.com]
Mon 3/22/2010 4:03 PM
Virgin Islands Halts Illegal Sewage Discharge on St. Croix;
Federal Judge Orders Upgrades
Contacts: (News Media Only): John Senn, (212) 637-3667, senn.john@epa.gov, or Jose Font, (787) 977-5815, font.jose@epa.gov.
(San Juan, P.R. – March 22, 2010) Acting on a motion from the U.S. Department of Justice, U.S. Chief District Judge Curtis V. Gómez last week ordered that a pump at the Figtree Pump Station on St. Croix remain operational and that additional pumps be installed at the station after equipment failure there led to the illegal discharge of millions of gallons of raw sewage over a two month period. The Justice Department, acting on behalf of the U.S. Environmental Protection Agency (EPA), filed an emergency motion on March 11 to have the discharges from the Figtree Station stopped. This followed an EPA order on March 2 requiring the Virgin Islands Waste Management Authority to stop discharges from the Figtree and LBJ pump stations. The discharge from LBJ, which was pumped over Long Reef north of St. Croix, had been stopped on February 26, and the Figtree discharge was stopped on March 17 when a pump was moved from the LBJ station to the Figtree station. Contact with polluted water, usually during swimming, can cause infections and illnesses, especially among children, the elderly and people with compromised immune systems.
"The continued discharge of raw sewage from a pump station in St. Croix was simply not acceptable," said EPA Regional Administrator Judith Enck. "Discharges of raw sewage are a potential threat to public health, and are destructive to the incredible natural resources, such as coral reefs on which much of the Virgin Islands' people and its economy depend."
Equipment failure at the Figtree Pump Station on St. Croix led to a daily discharge of 300,000 to more than 1 million gallons of raw sewage from January 17 to March 17 into Cane Garden Bay or over Long Reef, both of which feed into the Caribbean Sea. The LBJ Pump Station was by-passed to reduce the raw sewage flowing to the Figtree Pump Station. Under normal operating conditions, sewage passes through the LBJ Pump Station, goes to the Figtree Pump Station, and then flows to the Anguilla Wastewater Treatment Plant.
Under Judge Gómez's order, the Waste Management Authority must install a second house pump at the Figtree station by tomorrow, make sure St. Croix has two functioning auxiliary pumps by Friday, certify that two pumps at the Cancryn Pump Station are operational and comply with public notification requirements regarding sewage discharges.
Initially, the Virgin Islands Department of Planning and Natural Resources took action to stop the discharges by issuing a Notice of Violation to the Virgin Islands Waste Management Authority. When the authority failed to correct the problems, EPA issued the order directing the Waste Management Authority to immediately stop the discharges. EPA's order also required the Waste Management Authority to implement measures to prevent equipment failures. The discharge of raw sewage is regulated by EPA under the National Pollution Discharge Elimination System, a component of the federal Clean Water Act.
"Measures to prevent the failure of equipment and contingency plans for quickly addressing damaged equipment did not exist or utterly failed in these incidents," Enck added. "We expect the Virgin Islands to have plans in place to prevent these types of discharges from happening in the future."
For more information on how EPA regulates the disposal of sewage, visit http://cfpub.epa.gov/npdes/home.cfm?program_id=5. For more information on EPA's work in the U.S. Virgin Islands, visit http://epa.gov/region2/cepd/vilink.htm.
Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and Facebook at http://www.facebook.com/eparegion2.
Posted in EPA, Waste Management | Tagged federal judge, illegal sewage dumping, IronMan 2010, St Croix, Triathelon, VIWMA | Leave a comment


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Q: what's the differences between '&' and '|' in typescript from typescript's docs, I know '&' means 'Intersection Types' and '|' represents 'Union Types'. But I wonder what's the differences with following example:
  type Type1 = number | boolean;
  type Type2 = number & boolean;

A: From the official Typescript doc :

A union type describes a value that can be one of several types. We
  use the vertical bar (|) to separate each type, so number | string |
  boolean is the type of a value that can be a number, a string, or a
  boolean.
An intersection type combines multiple types into one. This allows you
  to add together existing types to get a single type that has all the
  features you need. For example, Person & Serializable & Loggable is a
  Person and Serializable and Loggable. That means an object of this
  type will have all members of all three types.

It would not be so relevant to explain it with primitive types like number or boolean but imagine having two classes like this :
export class Toto {

 FirstName: string;
 LastName: string;

}

export class Tata {

 PhoneNumber: number;

}

If you write type Type1 = Toto | Tata; then your Type1 will be either a Toto instance or a Tata instance but not both.
But if you write type Type2 = Toto & Tata; then your Type2 will be a type having all Toto and Tata attributes (FirstName, LastName and PhoneNumber).
See the doc for more details, it is pretty well explained there.