| “We really need concerned citizens to
be our eyes and ears,” wrote DNR Storm Water Specialist Ruth King in response to
citizen complaints about frac sand mines. “I am only a half-time employee and
cannot be everywhere at all times.”
Ms. King’s appeal was reported in an article written by Kate Prengaman of
the Wisconsin Center for Investigative Journalism who closely follows the
growing sand mine industry.
“Nearly a fifth of Wisconsin’s 70 active frac sand mines and processing
plants were cited for environmental violations last year,” wrote Prengaman. She
quoted Air Management Specialist Marty Sellers who said he sent letters of
noncompliance to “80 to 90 percent” of the sites he visited.
The DNR’s limited resources means some frac sand mines are not inspected or
only inspected when citizens complained about the mine.
To address the staff shortage, the state budget includes two positions as
dedicated sand mine monitors. However, additional positions were recently
considered by the Legislature’s Joint Finance Committee.
Monitors are needed to oversee air quality during mine construction and
operation. New inspectors would monitor compliance with storm water rules, high
capacity wells, wetlands and endangered resources. Inspectors review permits,
blasting and fugitive dust control plans, discuss best management practices with
the operator, inspect equipment and review company operation reports.
The Joint Finance Committee was informed about the sand mine industry
through a paper written by the nonpartisan Legislative Fiscal Bureau (LFB) which
provided detailed information on the industry that has exploded in western
Wisconsin.
“Three years ago there were 5 industrial sand mines and 5 industrial sand
processing plants in the state,” wrote LFB analyst Kendra Bonderud. “DNR
officials recently estimated that as of April 1, 2013, there are 105 industrial
sand mines and 65 industrial processing plants in the state, which is two to
three times the number the Department was aware of in the summer of 2012.”
The LFB paper noted last summer the DNR reviewed staffing needs for
permitting, compliance and monitoring of frac sand operations. At that time, the
Department estimated 10.2 full-time positions were needed to oversee the 54
known sites. The fast growing industry now needs two to three times more
inspectors.
Joint Finance Committee member Senator Jennifer Shilling offered an
amendment to fund at least those 10 positions. Still, the majority of Finance
Committee members voted down Shilling’s amendment.
Adequately funding sand mine monitors is important for neighbors, local
government and the mine owners and workers. I receive many calls of neighbors
concerned about mine operation. Local government officials are stretched thin
and are often unable to monitor the mines. Most counties have few staff
dedicated to the inspection of mines. Workers need necessary health and safety
protections. Owners that do follow the rules are at a competitive disadvantage
with those who do not.
Citizens are rightly concerned when the state relies on them to monitor
mine safety. It was from citizens that I learned of one of the most serious
violations. Last year Preferred Sands’ mine in Trempealeau County had a mudslide
that affected a neighboring property. The WI Center for Investigative Journalism
reported this mine also had “multiple violations of its air quality permit”. The
violations are now being considered by the Department of Justice.
Trempealeau County is the epicenter of sand mining. With 28 mines there is
no higher concentration in the state. Recently, citizens delivered to
Trempealeau County Board Supervisors petitions with 821 signatures in favor of a
year-long sand mine moratorium. Petitioners were upset when supervisors ignored
the stack of signatures and instead failed to pass the moratorium on new county
mines.
Citizens should not be charged with the monitoring of mines in their
neighborhoods. If Wisconsin allows sand mining, Wisconsin must invest in staff
to monitor compliance with the law.
Not all 170 mines and processing plants are up and running. But it is
reasonable to expect they will be by June of 2015, the end of the upcoming state
budget. The Legislature should act to phase-in the funding for all 32 needed
positions before the final passage of the two-year state budget.
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