Jen Powis The Powis Firm, PLLC

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1 Jen Powis The Powis Firm, PLLC

2 The Powis Firm, PLLC is a full service law firm offering general counsel services to nonprofits and small businesses. Specializing in environmental and conservation work, representative clients include land trusts, clean water advocates, and individual landowners concerned with proposed land use activities.

3 Landfills In Houston The 1979 lawsuit, Bean v. Southwestern Waste Management, Inc., was the first of its kind to challenge the location of a waste facility under civil rights law. From the early 1920s through 1978, over 80 percent of Houston s household garbage landfills and incinerators were located in mostly black neighborhoods even though blacks made up only 25 percent of the city s population. These findings were first written up in a 1979 report in support of the Houston citizens lawsuit and published in Sociological Inquiry(1983). In the Bean v. Southwestern Waste case, the lawyer, plaintiffs, and expert witness were all African American. The case was argued in Houston, the only major city in the United States that does not have zoning.

4 Air Pollution in Houston Galena Park as an example: Air Quality Index (AQI) level in 2012 was 136. This is significantly worse than average. City: 136 U.S.: 74 Read more: Texas.html#ixzz3Y2yzrFKw

5 Executive Order 12,898 President Clinton on February 11, 1994 issued Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations. Executive Order reinforces Title VI of the Civil Rights Act of 1964, which prohibits discriminatory practices in programs receiving federal funds. The Order also focuses the spotlight back on the National Environmental Policy Act (NEPA), a law that set policy goals for the protection, maintenance, and enhancement of the environment. The Executive Order: Calls for improved methods for measuring, reducing, and avoiding health impacts Focuses on subsistence fishers and wildlife consumers since many Americans subsidize budgets and diets by fishing from rivers, streams, and lakes that happen to be polluted.

6 Texas Streams are Impaired

7 With bacteria (represented in neon green) Without bacteria; still significant impairment In the Trinity San Jacinto: 53% of all stream miles are impaired

8 Starting in Houston: Stormwater and water quality

9 Bacteria from Raw Sewage

10 Texas needs to invest $11.2 billion over the next 20 years to upgrade facilities. Am. Society of Civil Engineers Quote from 2013 ASCE Infrastructure Report Card for Texas found here:

11 Dallas v. Houston Dallas Water Utilities (DWU) has over 4,020 miles of sewer pipes that carries wastewater to one of two wastewater treatment plants, Central and Southside The system consists of approximately 6,200 miles of sanitary sewer lines and 41 (5 major and 36 satellite) wastewater treatment plants.

12 Land use within 1.5 miles

13 What was presented? 13

14 Compliance with Stormwater Permits Minimum riparian zone standards: The Current JTF MS4 permit has no provision to protect riparian zones. In Boise, Idaho, the permittee requires the watershed plans to preserve, protect, create and restore the riparian corridors. In Seattle, permittees must consider riparian acquisition, restoration and forest cover and floodplain reconnection projects In L.A., any planning and land development program must maintain existing riparian buffers and enhance riparian buffers when possible 9 mile creek in Ohio before restoration 4 years later

15 Compliance with Stormwater Permits Publicly Owned Facilities: The Current JTF MS4 permit has no minimum standard for publicly owned areas (like parks). In Louisville, Kentucky, the permittee must develop green infrastructure materials for all new government facilities. In L.A., the permittee is required to encourage native vegetation retention and planting to reduce water, pesticides and fertilizer demands. Prairie Wetland Restoration At Sheldon Lake State Park 15

16 Compliance with Stormwater Permits Implementing a program on floatables: The Current JTF MS4 permit has no quantifiable standard for floatables. In Boise, Idaho the permittee must have a street sweeping plan. In Tampa, Florida, the permittee must have a procedure to control litter on all public streets. In L.A., the permittee has a numeric limit on trash discharges into the L.A. River. In Louisville, Kentucky, catch basins and sewers must be cleaned to prevent debris from entering streams. The Houston Ship Channel 16

17 Litter control cost benefit analysis

18 Charting the Course to 2015: Galveston Bay Strategic Action Plan The Estuary Program and its partners are seeking to protect and restore important coastal habitats on a large (landscape or regional) scale... p 13 Listed Objectives for Reduction of NPS Pollutant Loads: Objective D: Support a regional approach to implementation of storm water management plans Listed Objective for Integrity of Municipal Sanitary Sewer Collection Systems Objective B. Collaborate with owners and operators of Phase 1 and Phase 2 MS4s on development and implementation of storm water management program to eliminate unauthorized discharges Native riparian forest along Armand Bayou Figure 7.26 from State of the Bay 18

19 Next Step Draft a Notice of Intent to Sue to City of Houston alleging violations of Clean Water Act for sanitary sewer overflows at two of the wastewater treatment facilities.