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E-M:/ Heads up -- Michigan impaired waterways list



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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Michigan Enviros  --  Pay attention to the Impaired Waters list for 2008

You have to pay attention to MDEQ's calendar closely unless
you want to have industry, municipalities, developers, etc. run 
hog-wild with Michigan's natural resources, waters and the 
Great Lakes.

Calendar at:

http://www.michigan.gov/deqcalendar

Perhaps the most important item in the current calendar just 
out today is this:

2008 CLEAN WATER ACT SECTIONS 303(d), 305(b), AND 314 INTEGRATED REPORT  DRAFT REPORT. The Michigan Department of Environmental Quality (MDEQ), Water Bureau (WB), is accepting written comments between January 28 and February 25, 2008, on the draft Water Quality and Pollution Control in Michigan, 2008 Sections 303(d), 305(b), and 314 Integrated Report. Every two years, the MDEQ, WB, prepares and submits an Integrated Report to the United States Environmental Protection Agency to satisfy the listing requirements of Section 303(d) and the reporting requirements of Sections 305(b) and 314 of the federal Clean Water Act. The Integrated Report describes the status of water quality in Michigan and includes a list of water bodies that are not attaining Michigan Water Quality Standards and require the establishment of pollutant Total Maximum Daily Loads. The draft 2008 Integrated Report can be viewed beginning January 28, 2008, on the Web at www.michigan.gov/deqwater. Comments may be submitted by February 25, 2008, to Sarah LeSage, Michigan Department of Environmental Quality, Water Bureau, 525 West Allegan Street, P.O. Box 30273, Lansing, Michigan 48909-7773, 517-241-7931, or Email at lesages@michigan.gov. 

The 2008 documents are not there yet, but should probably be at 
this URL when they are for Michigan's "assessment of waters" page
by January 28:

http://www.michigan.gov/deq/0,1607,7-135-3313_3686_3728---,00.html

This is important because Michigan DEQ has a long history of 
ignoring demonstrated water quality problems and violating the Clean Water
Act through publication of these reports which fail to list 
demonstrated impairments.  For example, the year 2006 
report didn't list the Saginaw Bay and its watershed as being 
impaired because of nutrients.   If the impairment is supposedly 
out of sight and out of mind, then MDEQ issues water quality 
permits that do not contain water quality based effluent limitations
that are more stringent than the technology-based effluent 
limitations that are otherwise applied.   This means, for example, 
that industrial, municipal and agricultural discharges in 
the Saginaw Bay Watershed escape more stringent phosphorus 
water pollution controls that are actually mandated by the 
Clean Water Act.

Western Lake Erie advocates....you also need to pay attention to 
this report.

MDEQ has never recognized in its 
impaired water reports that the many southern Michigan streams
and rivers choked with suspended solids are actually impaired and 
in violation of narrative water quality standards.   Finally, 
Michigan's previous impaired waters list with its 3000+ designated
miles of streams under category "4C" functions as a Clean 
Water Act off-ramp to benefit drain commissioners in their 
unfettered activities to degrade and destroy streams through
channelizing, dredging and other activities that destroy stream 
habitat and generate turbid waters.

It is important to generate citizen comments about the impair waters
list, focusing on your local watercourse.   If your watercourse is
impaired, but it isn't listed....time to put your concerns in writing on 
the year 2008 impaired waters list.  

The Granholm Administration will probably have to be sued before
they get this impaired waters list right, but the only way to protect
issues of MDEQ's non-acknowledgement of water quality impairment for 
future llitigation is to ensure there is comment on these matters during the 
public comment period.

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Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy, 
Expert Witness Review and Litigation Investigation on Air, Water and 
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf 

657 Spartan Avenue,  East Lansing, MI  48823  
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com
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