Kim E. Ferraro, Senior Staff Attorney Hoosier Environmental Council

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1 Kim E. Ferraro, Senior Staff Attorney Hoosier Environmental Council

2 Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. - US EPA

3 Environmental justice will be achieved when everyone enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making process to have a healthy environment in which to live, learn, and work. - US EPA

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5 UNITED STATES INDIANA HAMMOND GARY EAST CHICAGO White 63.0% 81.5% 41.5% 10.9% 9.0% African American 13.1% 9.0% 20.0% 83.7% 42.6% Latino 16.9% 6.0% 35.3% 4.3% 48.0% Comparative Racial Data, U.S. Census 2012

6 Nation Indiana Gary Hammond East Chicago 15.9% 15.5% 37.4% 22.1% 36.5% Comparative Poverty Rates, U.S. Census 2012

7 Indiana: ranked in the top 10 Highest number of coal ash dumps in the nation. most polluted states Leading the nation in toxic discharges to waterways. Top 5 in the nation for highest CO2 emissions In the top 5 states with most toxic emissions from power plants 4 th in the nation for highest mercury emissions from coalfired power plants

8 - 3 of the nation s largest integrated steel mills - one of the world s largest oil refineries - scores of smelters, toxics recyclers, chemical companies and manufacturing facilities - 52 CERCLA/Superfund sites Hazardous waste sites USTs - 3 wastewater treatment plants - 15 CSOs

9 CSOs discharge 11 billion gallons per year of raw sewage and wastewater into the Grant Calumet Grand Calumet receives 90% of its flow from industrial and municipal wastewater discharges 16.8 million gallons of oil float on top of groundwater from leaking USTs

10 Air quality in some areas expose children to higher levels of airborne toxins than anywhere else in the U.S. Air is so polluted that residents are exposed to 8 th highest risk of cancer in the nation 17 times the national average

11 Lake County: highest hospitalization rate for asthma in the state

12 History of Gary Racially restrictive covenants Euclidian zoning Complexity of environmental laws

13 Photos: Courtesy of the U.S. Steel Gary Works Photograph Collection, , Calumet Regional Archives, Indiana University Northwest, Gary, Indiana

14 Village of Euclid v. Ambler Realty, 272 U.S. 365 (1926) The blighting of property values and the congesting of population, whenever the colored or certain foreign races invade a residential section, are so well known as to be within the judicial cognizance. - District Court Judge Westenhaver - Euclid I

15 Corrigan v. Buckley, 271 U.S. 323 (1926)

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17 Single-family housing districts Restrictions on lot and home size

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19 RCRA CWA CAA CERCLA NEPA FIFRA SMCRA ESA CZPA

20 Less rigorous enforcement of violations Slower and less permanent forms of clean up of hazardous sites

21 Lack of meaningful access to the legal system Environmental Attorneys in Various Sectors Business / Industry Government Agencies Non-profit / Citizens

22 Lack of meaningful access to the political system

23 More than 300 residents surveyed

24 On average, residents live near at least three environmental hazards. Abandoned properties Industrial air pollution Sewer overflows

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26 70% took action to address concerns 84% said concerns not addressed Government performance poor in enforcing environmental regulation

27 No avenue for effective public participation in decision-making Greatest felt needs for effective public participation: Education Access to information Access to technical, legal and health experts

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30 57 environmental organizations 14 community empowerment organizations 100+ faith based organizations 8 legal aid organizations -- Not one focused on EJ

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34 Early history of the J-Pit: : Cal Area Sportsman s Club obtains sand-mining permit promises to build recreational facility and apartment complex when mining complete 1972: The Club obtains a landfill permit - the Club is found to be a front for Red Top Trucking, a major sand mining company - Red Top s permit expires before operations start

35 Early history of the J-Pit: s: Waste Management tries to revive the expired landfill permit to evade new setback requirements Early 90 s: Lake County targets the site for a county landfill -- effort defeated due to public outcry Mid 90 s: Waste Management again tries to establish a waste dump effort again defeated 1999: City of Gary acquires site for redevelopment project

36 EPA Brownfield Grant: : City receives Brownfields Assessment Demonstration Pilot Grant 2004: Project concludes with recommendations for remediation/mitigation, groundwater monitoring, and additional study 2014: no action on any of the recommendations

37 Recent concerns: present

38 Aerial photograph of the J-Pit as of 2013, showing a 400-foot-wide fill zone at south end of pit

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41 Location SW corner of Gary landfill Little Calumet River, Cline Ave Little Calumet River, Colfax St. Ditch along service Rd., BP Travel 2301 Sherman Chloride, ppm Nitrate, ppm Sulfate, ppm ph Total Organic Carbon, ppm Total Carbon, ppm 31.3 ND

42 What could a dedicated EJ Clinic do about the J-Pit? - Give residents information about relevant regulations and environmental concerns - Provide legal expertise necessary to compel the City and Beemsterboer to comply with regulations, conduct required testing, and following through with cleanup in contaminated sections of the site - Partner with neighborhood residents to monitor the site on a more nearly real-time basis, so that reports of dumping can be followed up on while the evidence is still in plain view.

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