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EPA sued over river cleanup

Brian Walker | Hagadone News Network | UPDATED 13 years, 2 months AGO
by Brian Walker
| October 25, 2011 9:00 PM

Another lawsuit has been filed against the U.S. Environmental Protection Agency in effort to clean up the Spokane River.

Sierra Club and the Center for Environmental Law and Policy (CELP) have filed suit against the EPA, alleging failure to require the Washington Department of Ecology to prepare a water quality cleanup plan for PCBs in the river.

On July 18 both organizations filed a 60-day notice of intent to sue to which EPA did not respond.

Polychlorinated biphenyls, commonly known as PCBs, are a group of industrial compounds associated with liver dysfunction and cancer.

"The Spokane River is probably the state's most polluted river when it comes to PCBs," said John Osborn of the Sierra Club. "For over seven years we have asked the agencies for a river cleanup plan and warned them not to permit adding more pollution to the Spokane River. Spokane River PCB pollution will now be a matter for the federal courts."

Mark MacIntyre, EPA spokesman, said the agency does not comment on pending litigation.

In a prepared statement, Ecology officials said: "We believe we have the right tools in place to pursue reductions in PCBs in the Spokane River. Ecology is reviewing the complaint and considering what, if any impact, it may have on Ecology's efforts to address the water quality of the Spokane River."

Ecology issues discharge permits to companies and municipalities on the Washington side, while the EPA will issue permits on the Idaho side.

Standards on cleaning up the river has been a contentious issue on both sides of the border for 13 years.

Draft permits on the Idaho side are expected to be out for public comment in spring 2012.

Post Falls, the Hayden Area Regional Sewer Board and Coeur d'Alene, which all discharge treated wastewater to the river, last year filed a lawsuit alleging the EPA violated the Clean Water Act by approving the plan developed by Washington Ecology.

The lawsuit has been stayed while the Idaho permits are being drafted. Idaho dischargers say they do not oppose doing their part to clean up the river, but want the standards to be fair and reasonable on both sides.

Meanwhile, a North Idaho grassroots group called Citizens for Affordable Sewer Rates has voiced its concerns that the new standards may double or triple sewer rates and cause a building moratorium.

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