“Who Will Protect Us from Our Protectors?” – Ayn Rand
Mining corporation spokespersons lament “stringent” regulations. The Boxley website states, “our industry is among the most heavily regulated for environmental functions by federal, state, and local governments.” Miners are protected by OSHA and other worker protection laws, but what regulations exist to protect the citizens of communities impacted by mining operations? After several months of research and investigation, we feel that you should know these facts about regulation at the state and local level. If anyone disputes any of the statements below please email us at faces@post.com with your objection.
FACT: These facilities are not regulated by Henry County. The Martinsville Bulletin stated on Wednesday, July 26, 2006:
“The board has repeatedly told residents it does not have the authority to regulate mining and fix residents’ complaints about blast damage to their homes and other problems from the Boxley Materials Co. quarry there.” Yet, the same article goes on to state that local residents pointed out that state code says, “Operators of mines must “strictly comply” with local ordinances and regulations”.
Two state agencies that have regulatory authority over mining facilities are the Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Mines Minerals and Energy (DMME).
FACT: The DEQ Virginia Pollutant Discharge Elimination System (VPDES) permit program relies primarily on the concept of permittee self-monitoring and reporting for compliance determinations.
FACT: Monitoring required by the permit is responsibility of the permittee. Some analysis is conducted by facility staff and some by third-party commercial laboratories.
FACT: Commercial laboratories performing testing pursuant to a VPDES permit are hired and compensated by the permittee.
FACT: There is no provision for assessment done by any independent third party, other than the facility itself or DEQ.
FACT: In terms of reporting water withdrawal, DEQ states “Each user is responsible for annually reporting the user’s name, address, sources and locations of withdrawal, cumulative volume of water withdrawn each month of the calendar year, maximum day withdrawal and the month in which it occurred, and method of withdrawal measurement. In addition, they are responsible for ensuring the reliability of the gauging device or methodology used to determine withdrawals”.
Any amounts you may have heard cited concerning how much water was supposedly taken or returned to a body of water are apparently based upon the report of the employee who took the water, and that employee is also responsible for ensuring the reliability of his or her report.
Don’t you wish you could file your taxes this way? This is similar to a police officer pulling you over because he thinks you’re speeding, you tell him that you were going exactly 55 miles per hour, and he says “OK.” Except in this case, there is no cop on patrol, you simply send in periodic reports of your own speed (for which you are responsible for ensuring reliability). How many speeders would you expect to be caught under this scenario? Any claims made, based upon this data, might be viewed as equally suspect.
Under the Virginia Department of Mines Minerals and Energy (DMME):
FACT: Seismographs used at Boxley Materials – Fieldale are owned by either Boxley Materials or blasting contractors employed by the company.
FACT: Seismographs are maintained by their owners
FACT: The seismograph readings on DMM reports have been transcribed by a DMM inspector from operator records.
FACT: Blast records are maintained by the mine operators — DMM does not have a “log” of seismographs. DMM can obtain access to these records, but they are not available to the public.
FACT: Virginia Safety and Health standards for dust are for the purpose of mine worker health and safety.
FACT: Virginia Safety and Health standards do not address wind conditions in relation to blasting (DMM can make recommendations to operators).
FACT: Mine operators are required to document the type and amount of explosives used in each blast on the blast reports maintained at the mine. Those reports are available for DMM inspectors to review. This information is not available to the public.
Does any of this sound all that stringent or “heavily regulated” to you?
Who is looking out for you?
We’ll have a special follow-up to be posted next week.
