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How to start the New Year off all wrong!

January 17, 2019

January 17, 2019 – Here’s what’s happening in Michigan’s Winter Wonderland.  Fluffy snow, lakes and ponds freezing over.  Used to be time for winter outdoor fun.  Not so much any more here, unless you like being slathered in livestock sewage.Bakerlad_20190117A

Putrid stench for miles around.  Bakerlads stockpiling manure on frozen, snow-covered ground. Besides what’s in the photo, there were 4 semi’s lined up to enter the field to dump solids at around 5 p.m. on January 17.  South side of Beecher Rd. between Hughes and Morey Hwys., Hudson Twp.  South Branch, Raisin River.  Major snow followed this crap-blizzard.

MSU’s Enviro Impact Tool says this about conditions here:

High risk of runoff from Jan. 18 through Jan. 24 on this chart

20190117CSoil temp at 2” depth <32


20190117BLooks like somebody needs some help finding the tool, or else this is flat-out sewage dumping.  Either way, it’s horrible for the environment.


Adrian, MI drinking water: 2nd positive cyanobacteria sample found, plus Bacteroides

December 31, 2018

December 31, 2018
Contact: Brittney Dulbs, 517.442.5294 brittney.dulbs@gmail.com
              Pam Taylor, 517.270.2419 ptaylor001@msn.com


Adrian, Michigan (Dec. 31, 2018) - The second batch of test results for cyanobacteria (blue-green algae) and one of the toxins it can produce, microcystin, taken from City of Adrian residents’ drinking water taps, is now available.  Of six taps tested, cyanobacteria was found at one site and Bacteroides1, an indicator of fecal contamination, was found at two sites.  No microcystin was found at any site.  This brings the total amount of positive cyanobacteria tests of the City’s tap water to 2 of 9, or a little over 22%, same for Bacteroides.

Taste and odor problems in Adrian’s drinking water have been reported for several years.  Adrian draws its drinking water from two sources:  Lake Adrian, created by damming Wolf Creek, and several drinking water wells.  Cyanobacteria, the blue-green algae that can produce the microcystin toxin that shut down Toledo’s drinking water system in 2014, and other bacteria are recurring problems in Lake Adrian.  Two compounds that are produced by cyanobacteria and algae when they die, geosmin and 2-MIB, were identified by City officials as a possible reason for the odor complaints.  Skin rashes and other symptoms associated with cyanotoxin exposure have also been reported.

Brittney Dulbs, one of the many Adrian residents who is still experiencing problems with her tap water, said she looks forward to sharing more information about the problems still happening in Adrian with Federal, State and local agencies and the City as soon as possible.  The City needs to provide safe, clean water.  More testing is needed, but the money from donations received has been used on the tests done so far, and there’s no more available for all the people who are still having problems but can’t afford to have their water tested.  She would also like to see more effort directed at cleaning up Wolf Creek, so that the City’s treatment system isn’t overwhelmed.

Because of limitations in other test methods and procedures, and because City of Adrian water users continue to experience taste, odor, and other problems into late December long after the harmful algae bloom on Lake Adrian stopped, molecular testing2 in the form of DNA analysis, using PCR, was used.  Samples to be tested for both cyanobacteria and microcystin from each tap were collected at the same time, because often one is present without the other.  If cyanobacteria is capable of producing microcystin, there is no way to know if, where, or when the toxin will be released.  Testing only for microcystin does not show if cyanobacteria is also present, and testing for only cyanobacteria doesn’t show the presence of microcystin.

Pam Taylor of Environmentally Concerned Citizens of South Central Michigan, a group that has been monitoring many of the area’s surface waterways for nearly 20 years, and found cyanobacteria and microcystin in Wolf Creek and its tributaries in 2017 and 2018, said, “This needs more investigation.  System-wide testing and a local epidemiological study would be helpful.  While cyanobacteria at low levels is naturally found in surface water, especially in the summer, levels are increasing here.  It should never be found in treated drinking water because scientists do not know what triggers some cyanobacteria into producing colorless, odorless, cyanotoxins like microcystin at the end of its life cycle.  Treated drinking water shouldn’t contain Bacteroides.  Maybe the City needs to upgrade its testing equipment.  Maybe an upgrade to add ozone or ultraviolet treatment is needed if they have to use Lake Adrian as a source, especially if they’re going to supply the new ProMedica hospital as well as existing customers.  Wolf Creek’s water quality is dismal and it needs to be cleaned up.  There are no safe drinking water standards and regulations for either cyanobacteria or the toxins it can produce, like microcystin, yet - only guidelines, recommendations, and a couple of reporting requirements.  It’s up to MDEQ and the City to make sure the distribution system doesn’t have low-level cyanobacteria contamination.  Public health needs to come first.”

Requests have been made of the City to publish its raw and finished water test results for both cyanobacteria and cyanotoxins.  Dulbs and Taylor would also like to see the City’s completed application to the State for the use of permanganate and the City’s contingency plan3 for cyanobacterial bloom occurrence including their monitoring program and their management and communication plan.

City officials and MDEQ were notified of the preliminary results on December 22, 2018, and the final reports were sent to the City, MDEQ, US EPA Region V, Michigan Department of Health and Human Services on December 28.

1 Bacteroides (Fact Sheet). EMSL Analytical, Inc. https://www.emsl.com/Page.aspx?ID=434  and About the BEACH Act.  USEPA, https://www.epa.gov/beach-tech/about-beach-act

2,3 Cyanobacteria and Cyanotoxins:  Information for Drinking Water Systems.  USEPA, September, 2014. https://www.epa.gov/sites/production/files/2014-08/documents/cyanobacteria_factsheet.pdf

Attachments:  Lab Results (2) Helix Biological Laboratory
Results of Testing Adrian MI Residents Tap Water Samples D and E (annotated) 121718 Collection Project P-473[12914]

Results of Testing Adrian MI Tap Water Samples 121918 Collection With Bacteroides (annotated) Project P-474[12912].docx-2


Adrian Water Press Release 12.30.2018


Tile Drainage contributes to Harmful Algal Blooms in Inland Lakes – OSU study

September 1, 2018

[caption id="attachment_2625" align="aligncenter" width="712"]Tile Drainage and Anthropogenic Land Use Contribute to Harmful Algal Blooms and Microbiota Shifts in Inland Water Bodies  - diagram of fecal loading impact Tile Drainage and Anthropogenic Land Use Contribute to Harmful Algal Blooms and Microbiota Shifts in Inland Water Bodies
Environ. Sci. Technol., 2018, 52 (15), pp 8215–8223
Publication Date (Web): June 28, 2018[/caption]

Algal blooms a threat to small lakes and ponds, too

August 23, 2018 by Misti Crane, The Ohio State University

Harmful algae isn't just a problem for high-profile bodies of water—it poses serious, toxic threats in small ponds and lakes as well, new research has found.

A team of researchers from The Ohio State University examined samples from two dozen ponds and small lakes in rural Ohio and found plenty of cause for concern, with particularly high levels of toxins at one lake.

Toxins from algae can cause skin rashes, intestinal problems and damage to the liver and nervous system. Fertilizers common to agriculture—including nitrogen and phosphorous—create an environment in which can flourish.

The researchers said that the way farmers manage runoff could play a significant role in creating water bodies that are ripe for harmful . A primary concern is , a widely used agricultural approach to removing excess water from the soil below the surface. That water—and the nutrients found in it—are rerouted, often toward ponds on farm property, said study co-author Seungjun Lee, a postdoctoral researcher in at Ohio State.

"A lot of people and government agencies are paying attention to larger lakes, including Lake Erie, but these smaller bodies of water are also used for recreation, fishing and irrigation," he said. 
The study was published recently in the journal Environmental Science & Technology.

The research team, led by Ohio State's Jiyoung Lee, analyzed samples from the 24 bodies of water over a three-month period in late summer 2015.

Ten of the sites had detectable levels of microcystins, toxins produced by freshwater cyanobacteria during algal blooms.

One site had repeated instances of microcystin concentrations above recreational guidelines set by the Ohio Environmental Protection Agency, and so the research team paid particular attention to the samples from that site.

"Samples from this lake in early July were particularly concerning, as they contained four times the recommended amount of microcystin for recreational use and more than 800 times the recommended level for drinking," Seungjun Lee said.

A or lake with high toxin levels presents a risk to people, pets, farm animals, wildlife (including fish) and crops and could benefit from routine monitoring and work to lower the risk of algal blooms, he said. The researchers did not name the in question, because it is privately owned.

Jiyoung Lee said the impact of tile drainage may be elevated in small lakes and ponds, compared to larger lakes.

"Highly concentrated nutrients are being introduced into a smaller volume of water, making small lakes and ponds more sensitive to this influx of phosphorous, nitrogen and other nutrients," she said.

Nitrate and phosphorous are linked to the primary type of toxic microcystin found in the water. Judicious use of fertilizers could help control the algal blooms, as could measures to reduce animal waste contamination of ponds and lakes, Seungjun Lee said.

Though the study concentrated on Ohio agricultural areas, its findings likely apply to many areas throughout the U.S. and the world where agriculture and small lakes and ponds coexist, the researchers said.

Read more at: https://phys.org/news/2018-08-algal-blooms-threat-small-lakes.html#jCp


Attorney has ‘real faith’ tighter controls are in store for Lake Erie – Toledo Blade

August 22, 2018

Tom Henry, Toledo Blade

The lead attorney in a landmark western Lake Erie case told about 50 people attending a private function Wednesday night she has “real faith and confidence” the ultimate decision rendered by Senior U.S. District Judge James G. Carr — even with it now likely to come months or even a year or two later than expected — will be a turning point for addressing the lake’s chronic algal blooms.

“Political will is what we need here. But sometimes political will needs a little help from a judge, like an order,” Madeline Fleisher, senior attorney for the Environmental Law & Policy Center, said at an event the group hosted inside the National Museum of the Great Lakes in East Toledo.


Judge says algae lawsuit has too many loopholes – Toledo Blade

August 21, 2018

Toledo Blade, Tom Henry

Though clearly frustrated by the state of Ohio’s response to toxic algal blooms that have carpeted western Lake Erie’s surface the past 23 summers, Senior U.S. District Judge James G. Carr said in open court Tuesday he worries he is on “thin ice” with the case before him.

He said he welcomes a new version of it to be filed in hopes of eliminating any outstanding administrative issues the federal government might use to get his ultimate decision thrown out on appeal, while recognizing that a new filing would likely result in additional delays.

“I’m concerned my hands will be tied,” Judge Carr said, explaining that he believes the current case is going into uncharted territory and needs to have some bureaucratic loopholes eliminated. “I'm a little wary of skating on too thin ice.”

“Ohio is doing a good bit, but is it doing what needs to be done?” the judge asked. “I think the records show clearly the efforts Ohio has taken with voluntary compliance have had no discernible effect. ... It seems like common sense. We can’t be endlessly dumping that stuff into the lake.”

The judge also said he would like to see the Ohio EPA take an active role in the case, perhaps as an amicus — that is friend of the court — partner with the defendant.



Mayor Kapszukiewicz Pushes for a Total Maximum Daily Load for Lake Erie

August 11, 2018

City of Toledo, OH 

Toledo Mayor Wade Kapszukiewicz followed through today on his promise to push for a total maximum daily load for Lake Erie. 

The cities of Toledo and Oregon filed a joint Amicus Memorandum in U.S. District Court seeking the creation of a total maximum daily load (TMDL) for Lake Erie.

“I campaigned on cleaning up the lake and we are following through on that today by filing this motion,” Mayor Kapszukiewicz said. “We need to hold the non-point sources accountable and this is one way we can do it. We support the efforts of the Environmental Law & Policy Center, Advocates for a Clean Lake Erie, and Mike Ferner, who has pushed for years to get tougher regulations for polluters. Toledo and Oregon taxpayers, as well as the water ratepayers in the entire Toledo region, are paying hundreds of millions of dollars for equipment, technology, and chemicals to treat our lake water because of harmful algal blooms. We need the problem to be fixed at the source and I believe a total maximum daily load is necessary for that effort.”

Toledo will spend $527 million on the Toledo Waterways Initiative Program by 2020 and more than $500 million on infrastructure improvements to improve water quality, yet there are no regulatory requirements on the vast majority of polluters who are responsible for the harmful algal blooms that happen every summer on the lake, the mayor said.

Toledo and Oregon are both located on Lake Erie and are greatly affected by its water quality. Toledo operates a water treatment plant that provides water to about 500,000 customers throughout northwest Ohio and southeast Michigan. Oregon operates a water treatment plant that provides water to the citizens of Oregon, Genoa, Northwood, Lake Township, Millbury, Jerusalem Township, Harbor View, and some other Lucas County local area pipelines.

The cities submitted the motion today to support the plaintiffs’ request to require a TMDL for Lake Erie.

“It is important for our communities to continue to work together to protect the lake,” Oregon Mayor Michael J. Seferian said.

The motions states: “The U.S. Environmental Protection Agency is refusing to protect the environment by continuing to allow the state of Ohio to ignore the mandates of the Clean Water Act and create a TMDL for Lake Erie. The Clean Water Act’s requirement to create a TMDL for an impaired waterway is a solution to a pollution problem that involves many independent actors. Eighty-eight percent of the phosphorus causing Harmful Algae Blooms comes from various nonpoint sources such as agricultural runoff.”

It further states: “The failure of the nonpoint polluters to change their behavior or share in any cost of the clean-up of Lake Erie will continue to burden the cities and damage the environment.”

A hearing in the case is scheduled before Judge James G. Carr on Aug. 21 (2018).


Toledo, Oregon push for stronger Lake Erie protections – Toledo Blade

August 10, 2018

Toledo, Oregon push for stronger Lake Erie protections

ByTom Henry | BLADE STAFF WRITER Published on Aug. 10, 2018

Toledo and Oregon have become parties to a lawsuit filed by two groups that calls upon U.S. District Judge James G. Carr to order the most comprehensive cleanup strategy for western Lake Erie, known as a total maximum daily load.

The two plaintiffs, the Midwestern-based Environmental Law & Policy Center and the Toledo-based Advocates for a Clean Lake Erie, contend the federal Clean Water Act requires the highly aggressive TMDL cleanup strategy to be followed by the Ohio Environmental Protection Agency once the Kasich administration finally relented in March — after years of resistance — and declared western Lake Erie’s open waters to be impaired.

They want the judge to impose a TMDL order on the U.S. EPA, with the understanding the federal agency would then require the Ohio EPA to carry out the program.

Toledo’s decision to get involved dates back to May 1, 2017, a day before Mayor Wade Kapszukiewicz announced his candidacy for that office.

During an all-day tour of southeast Michigan factory farms, Mr. Kapszukiewicz, a Democrat, told The Blade there were two things he would do if elected: First, call for the impairment status and, second, have Toledo assist the two plaintiffs in their lawsuit.

He never had to call for the impairment status once elected because former Mayor Paula Hicks-Hudson — a Democrat who had long sided with the Kasich administration on that issue — had a sudden change of heart last September, weeks before the election, after a thick blanket of algae appeared in downtown Toledo just as ProMedica was preparing for a major regatta near Promenade Park.

“I campaigned on cleaning up the lake and we are following through on that today by filing this motion,” Mr. Kapszukiewicz said in his prepared remarks Friday, referring to a court filing known as an amicus brief.

“We need to hold the nonpoint sources accountable and this is one way we can do it. We support the efforts of the Environmental Law & Policy Center, Advocates for a Clean Lake Erie, and Mike Ferner, who has pushed for years to get tougher regulations for polluters,” the statement said.

The city of Oregon co-signed the eight-page memorandum. That city’s mayor, Michael J. Seferian, said in his prepared remarks that it is “important for our communities to continue to work together to protect the lake.”

In the motion, the two cities argue they should be given standing as plaintiff parties because they believe the U.S. EPA “is refusing to protect the environment by continuing to allow the state of Ohio to ignore the mandates of the Clean Water Act.”

“The Clean Water Act’s requirement to create a TMDL for an impaired waterway is a solution to [a] pollution problem that involves many actors,” lawyers for the two cities wrote.

Their brief cited The Blade’s coverage of an Ohio EPA report from April that contends 88 percent of algae-forming phosphorus flowing down the Maumee River and into Lake Erie comes from nonpoint sources like agricultural runoff.  

“Voluntary measures of reducing nonpoint sources of nutrients are not working,” the memo states. “Without the guidance and accountability that a TMDL analysis would provide, it is highly doubtful that the political support will exist to hold nonpoint polluters accountable in a regulatory manner. Hence, the phosphorus loading will continue unabated and Lake Erie will continue to turn green every year.”

Howard Learner, ELPC’s executive director, welcomed support from the two cities, telling The Blade it is “an important action for advancing necessary solutions to reduce agricultural runoff pollution that is contaminating Lake Erie.”

Local residents are “entitled to safe, clean drinking water supplies and a healthy Lake Erie fishery and ecosystem,” he said.

Said Mr. Ferner: “It's an encouraging difference from past city administrations, which didn't even recognize Lake Erie was impaired. It should add momentum to the lawsuit and hopefully encourage Judge Carr to make the EPA do its job.”

The U.S. EPA declined to comment, citing its longstanding policy against talking about cases in progress.

The Ohio EPA and the Kasich administration did not respond to requests for comment.

The Justice Department, in open court and in briefs, has asked Judge Carr to dismiss the case on the grounds plaintiffs got what they wanted from an impairment designation. The plaintiffs have argued the judge should retain jurisdiction to ensure the designation is more than symbolic.

Justice Department lawyers also have stated, including in a document filed Monday, the Ohio EPA has never “clearly and unambiguously abandoned its obligation to produce a TMDL.” Plaintiffs point to at least one statement by an agency official claiming the Ohio EPA is not interested in going that route.

The Kasich administration, as an alternative, proposed designating several watersheds flowing into western Lake Erie as “distressed” to make them eligible for stronger Ohio Department of Agriculture oversight of manure application. That initiative, though, has been indefinitely put on hold by the Ohio Soil and Water Conservation Commission.



NOAA issues Lake Erie Bulletin warning about Microcystis toxins & beaches

July 16, 2018

NOAA has issued a new bulletin providing updated forecasts of harmful algal blooms (HABs) for the cyanobacteria Microcystis in Lake Erie on July 2, 2018. 

Keeps pets and yourself out of water in areas where scum is forming.

In the event that you do come into contact with water that is known to be contaminated with cyanotoxins, the Centers for Disease Control (CDC) recommends that you rinse off with clean, fresh water as soon as possible. Seek medical treatment right away if you think you or someone you know might have been poisoned by cyanobacterial toxins, especially when any of the symptoms mentioned below are recognized.

[caption id="attachment_2531" align="alignleft" width="330"]Cyanotoxins: Health Risks to Humans Cyanotoxins: Health Risks to Humans[/caption]

Pets, livestock, and people trying to cool off may be exposed to microcystins resulting in liver damage or failure. Signs of liver injury include vomiting, diarrhea, blood in stool or black, tarry stool, weakness, pale mucous membranes, jaundice, seizures, disorientation, coma, and shock. Death generally follows within days as a result of liver failure.  Aggressive, immediate treatment is necessary to help treat this quick-acting, potentially fatal poison.

Anatoxins result in neurotoxicity evidenced by excessive secretions (e.g., salivation, lacrimation, etc.), neurologic signs (including muscle tremors, muscle rigidity, paralysis, etc.), blue discoloration of the skin and mucous membranes, and difficulty breathing. Death follows within minutes to hours of exposure as a result of respiratory paralysis. Livestock that graze around affected ponds or lakes and are able to drink from them are often found dead near the water source. Treatment includes anti-seizure medication, oxygen, and aggressive care by your veterinarian.




Lake Erie Advocates Urge: Enforce Existing Environmental Laws

July 11, 2018

News from:
CONTACT: Mike Ferner 419-729-7273
Kasich also signed the misnamed “Clean Lake 2020” legislation
Toledo – The following statement is from Advocates for a Clean Lake Erie coordinator, Mike Ferner, in response to Governor Kasich signing an executive order earlier this afternoon to set up “distressed watersheds” in several sub watersheds of the Maumee River in NW Ohio that will rely on Nutrient Management Plans (NMPs), as well as signing the Gardner-Arndt “Clean Lake 2020” bill allocating another $36,000,000 for so-called “conservation practices.”
Governor Kasich and several of his department heads put on a bit of political theater this afternoon in the Ohio Statehouse in an effort to appear like they were exercising bold leadership to help Lake Erie.  Unfortunately, the governor’s actions were costly, unnecessary and highly unlikely to result in any improvement in what causes Lake Erie to go toxic every summer.  Sadly, participants at the Statehouse announcement included representatives of the Ohio Environmental Council and the Lake Erie Foundation, apparently standing in for the Ohio Farm Bureau.
I) “Distressed Watersheds” Do Not Work
Kasich signed the order because, as he admitted, he could not get the proposal through the legislature.  The point, however, is that neither his order nor that legislation are needed.  What is needed and what the governor refuses to do, is to direct the Ohio EPA to simply follow the impaired watershed provisions of the Clean Water Act, as is being done successfully for Chesapeake Bay.
The governor and his directors pointed to Grand Lake St. Mary’s as a success story after a distressed watershed was declared there in 2010.  ODNR Director, James Zehringer, stated there has been “significant reduction since 2011” in nutrient levels following establishment of Nutrient Management Plans (NMPs).
However, the report he referred to states that only 25% of the Grand Lake St. Mary’s watershed was monitored and that, “Overall, reductions following the distressed designation for all parameters ranged from 5 to 35% during medium and high flow periods (with exception of SRP Soluble Reactive Phosphorus).
Soluble Reactive Phosphorus is precisely the agent that responsible for growth of toxic algae blooms.
Additional proof that the distressed watershed approach has not worked for Grand Lake St. Mary’s is found in this Celina newspaper account of a $500,000 project headed by the Ohio DNR to try and make one acre of the 13,500-acre lake swimmable.
Finally, the governor’s order leaves out portions of NW Ohio that should be covered in any pollution inventory.
II) Nutrient Management Plans Do Not Work
Pam Taylor, Research Coordinator for Environmentally Concerned Citizens of South Central Michigan, responded to Kasich’s actions today by saying, “This is a sad day for Lake Erie.  Today’s actions are not going to help, they are simply more of the same that hasn’t worked.  NMPs have been available for years and have been used in Michigan for years.  The biggest problem with them is that farmers don’t follow them and there is no enforceability.  It’s far better to do comprehensive water testing to see what’s going into the streams.”
Comprehensive water sampling, or a pollution inventory, is exactly what the Clean Water Act requires, followed by Total Maximum Daily Loads (TMDLs) established to limit what can be released from all sources.
TMDLs are legally enforceable.  Timetables and deadlines established by the Clean Water Act are legally enforceable.  Distressed watershed schemes are voluntary and we know that doesn’t work.   
III) The Politics of Today’s event
Kasich’s statements today proved that he is doing all in his power to deflect attention away from the Confined Animal Feeding Operations (CAFOs) that annually dump hundreds of millions of gallons of untreated feces, urine and antibiotic-resistant bacteria on fields draining into Lake Erie.  The governor referred repeatedly to the “fertilizer industry” and avoided using the word “manure” until asked by a reporter.  At that point the live video feed went black and Kasich’s response was unintelligible.
His administration, the Farm Bureau and the two environmental groups standing in for the Farm Bureau today are intent on not challenging the powerful interests who continue to benefit from the status quo by externalizing their costs, in this case by using Lake Erie as their free toilet for animal waste.