River Ties

The quarterly publication of the Alabama Rivers Alliance

Working to unite the citizens of Alabama to protect our
right to clean, healthy waters

Volume 6 Number 2 Summer 2002

Business Council of Alabama Opposes Public Comment

The Alabama Environmental Management Commission
(Commission) has long operated in a closed and undemo- The Commission will vote on the proposed rule at its
cratic manner, not providing citizens with an opportunity upcoming meeting to be held on August 27 at 1:30 PM
to comment before it. The Commission is charged with at the ADEM Headquarters building in Montgomery.
the duty of overseeing the Alabama Department of Envi- We encourage you to attend the upcoming meeting to
ronmental Management (ADEM). The Commission hears show your support.
appeals of ADEM decisions, is responsible for hiring and
overseeing the Director of the agency, and has ultimate
authority over ADEM’s environmental regulations.

Recently, multiple environmental groups joined hands to

formally ask the Commission to create a public comment
period at its meetings. While the Commissioners did not
act favorably upon our request, they agreed to the general
concept of allowing citizens the opportunity to speak di-
rectly to the Commission. The Commission subsequently
proposed its own rule creating a public comment period at www.911environment.org
Commission meetings, but considerably limiting the
scope of comments that may be presented. Is New Web Page for Reporting
Surprisingly, the Business Council of Alabama (BCA)
Water Pollution Problems
submitted comments on June 4, 2002 opposing these
regulations. The BCA’s comments argue that an informal
public comment period would be superior to a comment The Alabama Rivers Alliance is pleased to reveal a new
period mandated in regulations. BCA states: “adding a web page for reporting observed water pollution problems
formal mandate in the Commission’s regulations has the in Alabama. The web page is a joint project of the Ala-
potential to be disruptive during the Commission meeting bama Rivers Alliance, World Wildlife Fund and Alabama
as well as to adversely affect the Commission’s future Environmental Council. If you notice any problems in
ability to efficiently conduct business…..Additionally, the your watershed please go to http://
Commission may be forced to limit consideration of more www.911environment.org and report them. Also, if you
pressing or appropriate matters before the Commission in have reported water pollution problems to ADEM in the
order to cater to the demands of a vocal minority.” past, please record these on the web site so that we can
maintain a database of such reports. The Alabama Rivers
The Alabama Rivers Alliance disagrees strongly with the Alliance will receive the information from all reports you
Business Council of Alabama on this matter. We believe send, and forward them to the appropriate environmental
that citizens should have the right to comment on relevant agencies as well as to other environmental and watershed
matters before the Commission. In a democracy, the pub- groups with an interest in your area. We will then work
lic’s ability to communicate with elected and appointed with our sister organizations to do all we can to ensure
decision-makers is a fundamental right, not a privilege. that ADEM follows up to address any violations of water
quality laws.
Page 2 River Ties

Hair tests begin big mercury study

ALABAMA
RIVERS
ALLIANCE
BOARD AND STAFF Samples are being collected in eight area communities
Officers
Randy Mecredy, President
Tuscaloosa
Close to 400 south Alabamians got their hair clipped
Mark Johnston, Vice President
Nauvoo last month all in the name of protecting the Mobile For more information
Ramble Ankumah, Treasurer Bay area from mercury pollution. about the mercury
Tuskegee

Ben Ferrill, Secretary

study, please contact:
Mobile Bay Watch Executive Director Casi Callaway
Huntsville
said that her group commissioned the study in re-
Board Members Casi Callaway
sponse to a series of stories in the Mobile Register
Bill Andreen Executive Director
Tuscaloosa revealing unusually high mercury levels in some Gulf
Coast residents who regularly eat large marine fish. Mobile Bay Watch
Casi Callaway
Mobile A Boston University professor designed the study 3280 Dauphin Street,
Joel Cochran while students and teachers at the University of South Suite C-124
Sylacauga
Alabama collected hair samples from about 400 will- Mobile, AL 36606
Ed Colvin [email protected]
Birmingham ing participants. The collection sites were set up at
Mary Todd Davis high-traffic retail and grocery stores in order to get a www.mobilebaywatch.org
Birmingham (251) 476-0328
wide diversity of hair samples.
Bill East (251) 476-0329 fax
Birmingham
Henry Hughes "We're studying the Mobile area in particular, be-
Homewood cause we want to know exactly where we stand," Cal-
Bill Schneider laway said.
Birmingham
Joe Turnham
Montgomery The hair collected will be analyzed for its mercury content, and participants who volunteered
filled out a confidential survey describing their eating habits and other factors that might con-
Staff tribute to high mercury levels, such as where they work and live.
Brad McLane
Executive Director The survey not only was designed to compare mercury levels in Mobile and Baldwin County
Jessica Ulrich residents with the national population, but also to help identify more precisely how the expo-
Director of Administration
Adam Snyder
sure might be occurring.
Watershed Leadership Director
Amy Sides Sixty percent of the participants were selected from Mobile County, and 40 percent from
Programs Associate
Baldwin County; half were male, half female; about 25 percent of those sampled were over
Alabama Rivers Alliance 65; and the percentage of white and "non-white" participants will reflect local demographics.
2027 2nd Avenue North Suite
A
Birmingham, AL 35203
When the study first was announced in May, it was going to be limited to 120 people. But
(205) 322-6395 Casi said that many people suggested that a larger sample size would be a far better measure
Fax (205) 322-6397 of potential mercury exposure, given the diversity of the population in the Mobile Bay area
Toll Free (877) 862-5260
[email protected] and the patterns of mercury exposure highlighted by recent Mobile Register tests.
www.alabamarivers.org
Results of the exposure study should be available in September.
Newsletter Design
By Jessica L. Ulrich

The Alabama Rivers Alliance is a

501(c)(3) tax-exempt
organization. Your contributions
are fully tax-deductible. Alabama
Rivers Alliance publications and
services are provided within the
organization's means to any
individual or organization
requesting them.
Volume 6, Number 1 Page 3

Outdoors with Bill East

When most people think of fishing in Alabama, they inviting, since bait of all manner will be washed down the
visualize either driving to the coast for deep sea fishing or rapids and into waiting jaws. Fishing can begin in early
hooking up the bass boat, driving to the nearest lake, and spring and continue through November. Problems may be
spending the day casting for bass in the hot sun. But encountered when wading in cold water since waders are
there’s another method of fishing that most people have required and slippery rocks present a challenge. Also, after
never tried, nor even thought about, that’s small stream leaves begin to fall they tend to entangle lures/flies.
fishing. Everything discussed here applies equally to wade Redeyes tolerate water a bit colder than spots, and can be
fishing or float fishing from a canoe. found in water cold enough to support trout. In the
summertime early morning and late afternoon are the
Equipment required is a pair of old tennis shoes, tee shirt, prime fishing times.
shorts, and either a fly rod or ultra light spinning outfit. Fly
rod purists, including many of the ARA Board of Directors For those who treasure peace and solitude, this type
and staff, insist that is the only way to fish. But with all the fishing is for you, whether it’s canoeing or wading. One of
trees and overhanging bushes present along many small the bonuses is the wildlife that may be encountered, since
streams, I suggest you practice until you become adept at deer, turkey, and beaver are common, and many times
it, else a day of fly fishing may turn into a day of wood ducks will be flushed as you round a bend. But
untangling lines and flies. Besides, an ultra light spinning many fishable streams are in urban areas as well. Shades
outfit, with two or four pound test line, will give you all Creek, which flows through urban areas around
the thrill you can handle. Birmingham, is an excellent fishing spot, particularly for
bream. I say is an excellent spot, at least it was before the
Lures/flies can be as varied as the individual using them. remodeling of Brookwood Village Shopping Center.
For maximum excitement top water lures can’t be beat. Although there was an effort made to keep silt out of the
The strike of even a small red eye bass on a top water lure stream during construction, only time will tell how
is thrilling. Small rapalas, or any number of lures successful it was. Shades Creek is a good example of a
resembling natural bait, such as grasshoppers, crawfish or stream large enough to fish but too small to canoe under
baitfish imitations should prove successful. That old normal conditions.
standby, a popping bug, is still the favorite of many fly rod
users. In either case the preferred method of fishing is to It would be difficult to drive over twenty miles on any
make the cast, then wait a couple of seconds before road in Alabama, in any direction, without passing over a
beginning the retrieve. Many times the strike will come stream that is fishable. My general rule is that any stream
before the retrieve begins. capable of providing thigh deep pools is capable of
holding fish that I would like to catch.
What quarry do we pursue? On occasion a large mouth or
small mouth bass will be hooked, and panfish of all Try it, I think you’ll like it.
descriptions will eagerly attack most anything thrown their
way, sometimes hitting a lure almost as large as they are.
You might catch that prettiest of all fresh water fish which
goes by various names, but is best known as a
pumpkinseed bream The fact that it seldom gets more than
four or five inches long does not distract from it’s beauty.
But the primary targets for this type fishing are the spotted
and redeye bass. Both species range through most of the
northern portions of Alabama.

Clear free flowing streams are the natural habitat for both
the redeye and spotted bass. The old adage “To catch a
fish, think like a fish” certainly applies here. Like most of
us, fish want to get as much food as possible with as little
effort as possible, by cruising the edge of pools looking for
the easy meal. Pools just below rapids are especially
Page 4 River Ties

Water Policy Round Up

By Brad McLane
TriState Water Negotiations • Minimum Flow Requirements Can Be “Waived.”
The current proposal requires that a certain “weekly
On May 30 in Gadsden the Alabama Rivers Alliance average flow” be maintained on the Coosa River near
joined with the Neely Henry Lake Association, Weiss Rome Georgia. These minimum flows are based on
Lake Improvement Association, Coosa River Society, and the reservoir elevations of Allatoona and Carters.
Coosa River Basin Initiative to hold a “Water Negotiations However, when reservoir levels fall below a certain
Summit.” The Alabama Rivers Alliance, on behalf of the point, then no specific flows are required at Rome,
TriState Conservation Coalition, unveiled comments on except that these dams must each release a continuous
the State of Alabama’s most recent interstate water alloca- minimum flow at each dam (currently this release is
tion proposal for the Alabama-Coosa-Tallapoosa (ACT) generally 240 cfs at each dam). We believe that a
River Basin. minimum weekly average flow of 1200 cfs should be
maintained on the Coosa River at Rome, GA at all
Chaired by Mr. Jack Rutledge, General Manager of the times.
Gadsden Water Works Board, the meeting attracted more
than one hundred thirty people interested in learning more The TriState Conservation Coalition comments are avail-
about the water negotiations. Representatives of the able on the Alliance’s web page at
TriState Conservation Coalition presented concerns with www.alabamarivers.org. For more information, visit the
the current draft agreement. Mr. Trey Glenn and Mr. Tom web page or contact the Alliance by phone (877-862-5260)
Littlepage, Director and Deputy Director of the Alabama or e-mail ([email protected]).
Office of Water Resources, presented on the State of Ala-
bama’s proposed water allocation agreement.

The TriState Conservation Coalition’s are opposed to the ARA files notice of intent
State of Alabama’s proposal in its current form. While to sue Sloss Industries
Alabama has been receptive to our past comments and On June 24 the Alabama Rivers Alliance (ARA), Legal En-
made modifications to its proposals, serious flaws remain vironmental Assistance Foundation (LEAF), and Black
in the current document. On a May 9, 2002 meeting held Warrior Riverkeeper filed a 60-day notice of intent to sue
by the State of Alabama negotiators in Gadsden, Alabama Sloss Industries Corporation under the Clean Water Act for
Chief Negotiator Jim Campbell acknowledged that the ongoing violations of its permit to discharge toxic pollution
Alabama proposal does contain flaws and that the docu- into Five Mile Creek, a tributary of the Locust Fork of the
ment requires revision before he will recommend that Black Warrior River flowing through Tarrant, Alabama.
Governor Siegelman sign it.
“Sloss discharges toxins such as cyanide and heavy metals
The Alabama Rivers Alliance’s primary concerns with the that kill fish, as well as carcinogenic compounds that can
draft Act Basin agreement include the following: harm people. Yet they are consistently unwilling to imple-
ment pollution control that would meet the weak require-
• Interbasin Transfers. The State of Alabama’s draft ments in their current permit, and they have used political
water allocation proposal does not place adequate re- influence to successfully resist the imposition of tougher
strictions on “interbasin transfers” of water from the standards” said Brad McLane, Executive Director of the
Coosa River Basin to the Chattahoochee River Basin. Alabama Rivers Alliance. “Of the hundreds of pollution
We believe that interbasin transfers should generally permits our office has reviewed, Sloss’ discharge permit to
be discouraged and should be disallowed whenever Five Mile Creek allows some of the highest levels of toxic
flows on the Coosa River downstream at Rome, Geor- pollution that we have ever seen.”
gia drop below 1200 cubic feet per second (cfs).
• Seasonal Flow Variability. The proposal does not
ensure that adequate seasonal flow variability will be
maintained on the Coosa, Tallapoosa and Alabama
Rivers. Additional provisions must be added to the
agreement to provide for protection of seasonal flow
variability.
Volume 6, Number 1 Page 5

Studies of Five Mile Creek show that Sloss Industries is the

creek’s primary abuser. During an assessment of the creek The antidegradation policy is a part of the Clean Water Act
in September 2001, Alabama Department of Environmental that is intended to protect high quality waters from degra-
Management (ADEM) employees documented significant dation by new pollution discharges, unless some degrada-
degradation of the creek resulting from the Sloss discharge. tion of water quality is “necessary to accommodate impor-
They found the creek to be relatively clean and healthy up- tant economic or social development.” Alabama is required
stream of the discharge but very polluted and lifeless by the Clean Water Act to have a state version of the fed-
downstream. They also documented several dead fish and eral policy and to specify its implementation procedures.
crawfish near the discharge pipe. The Alabama Rivers Alliance joins with the Legal Environ-
mental Assistance Foundation (LEAF) in objecting to the
According to discharge monitoring records submitted to content of Alabama’s current procedures because they are
ADEM, Sloss has regularly violated its permit limits for too lax. For example, a business seeking a permit to pol-
years. ADEM did not fine Sloss until March 2001, when luted does not have to consider the use of more protective
ADEM and Sloss entered into a consent order - a legal en- pollution control technologies if such pollution treatment
forcement agreement where the discharger agrees to pay a will cost 10% more than the costs of meeting minimum
fine and come into compliance within a certain time frame. pollution control standards.
Under the order, Sloss agreed to pay a fine of $16,900 up
front, come into compliance within six months, and pay set The recent history of the development of Alabama’s antide-
fines for subsequent violations. gradation policy has generally been a litigious one. On Oc-
tober 29, 1999, LEAF filed suit against the Alabama De-
Several months after the agreed upon deadline to comply, partment of Environmental Management (ADEM) seeking
Sloss continues to violate its permit, and ADEM has im- to invalidate the implementation procedures it had infor-
posed $46,500 in fines on the company to date since the mally adopted in 1997. LEAF’s claim asserted that the pro-
Consent Order was signed according to a July 10, 2002 cedures are in fact “rules” which were adopted without the
editorial in the Birmingham News entitled “Sloss Costs: required opportunity for public notice and public comment.
Coke Plant Pollution Endangers Five Mile Creek.” After initially losing in the lower courts, LEAF recently
prevailed on appeal to the Alabama Supreme Court. On
Alliance Fights to Advance Goals of the Clean Water March 1, 2002, the Court issued a decision siding with
Act in Alabama LEAF and invalidating ADEM’s Antidegradation Imple-
mentation Procedures. In fact, Chief Justice Roy Moore
Working hand in hand, the Legal Environmental Assistance referred to ADEM’s practice of using policies that were not
Foundation and Alabama Rivers Alliance have been strug- subject to public review and comment as “the very defini-
gling to bring about many needed improvements to Ala- tion of tyranny.”
bama’s water quality standards. In the last several months,
the responses of the Alabama Department of Environ- Anticipating the imminent commencement of rulemaking
mental Management (ADEM) and its Commission - the by ADEM to validly adopt the its existing procedures as
Alabama Environmental Management Commission rules, on March 26, 2002 LEAF filed a Petition to amend
(AEMC) have been mixed. the ADEM regulations to establish strong antidegradation
implementation procedures. The ADEM Commission de-
Five Mile Creek nied this petition outright.

For example, after many years of arguments and litigation, On March 29, 2002, ADEM published notice of its intent to
ADEM recently pushed for upgrading the clean water stan- adopt an “emergency rule” virtually identical to its weak
dards applied to Five Mile Creek in order to reduce toxic procedures declared unlawful by the Alabama Supreme
pollution of this stream to levels that would make this Jef- Court. On April 9, 2002, the Environmental Management
ferson County tributary of the Locust Fork River suitable to Commission adopted antidegradation implementation pro-
support fish and wildlife populations. Unfortunately, after cedures as a short-term “emergency rule,” arguing that the
ADEM narrowly secured the approval of the AEMC for rules were needed to allow ADEM to issue permits that
this rule change (the vote was 4 to 3), a committee of the businesses needed in order to operate, meanwhile initiating
Alabama Legislature exercised its authority to initiate a the process for adoption of a permanent rule. Subse-
legislative “veto” of the rules. The AEMC subsequently quently, the “emergency rule” was challenged by LEAF,
accepted the Legislative Committee’s recommendation to and the East Central Alabama Alliance for Quality Living
invalidate them at its June 25 meeting. These actions col- represented by Wildlaw. On April 17, 2002, the Court dis-
lectively make it likely that the US Environmental Protec- agreed with the adoption of the “emergency rule” stating
tion Agency will be forced to step in and apply more strin- “The Court is not persuaded that this is a case of immediate
gent federal standards to Five Mile Creek. danger to the public health, safety or welfare.”

While ADEM’s efforts to clean up Five Mile Creek are At its recent, June 25th Commission meeting, ADEM
Page 6 River Ties

5th Annual Conference Great Success by Adam Snyder

ARA celebrated the fifth anniversary of the Watershed Larry O. Gay

Leadership Conference with more than 90 of our friends at Mark Johnston
the Alabama 4-H Center April 26-28, 2002. Liz Langston
Randy Mecredy
This year's sessions ranged from smart growth discussions, Mobile Bay Watch and Bay Keeper
ADEM reform, biodiversity in Alabama, building and Malcolm Pierson
sustaining your grassroots organization, and the affects of Riverside Outfitter & Fly Shop
mining in the state. We received keynotes from County Amy Lewis Sides
Commissioner Ted Crockett regarding development Urban Outpost
pressures in Shelby County, Dr. George Folkerts on Beth Maynor Young
Alabama's ecological diversity, and an update on activities
in the state legislature from Representative John Robinson Watershed Leadership Awards Presented at Conference
and AlaLEAVS Executive Director Jeff Martin.
In continuing the tradition of honoring groups and
Saturday night, we enjoyed the catfish fry, awards individuals at the Watershed Leadership Conference, the
presentation, silent and live auction, and the bluegrass Alabama Rivers Alliance presented four awards this year.
tunes of Glenn Tolbert and Co.
The Watershed Leadership Champion of the Year award
We got great suggestions for improving the conference went to David Ludder of the Legal Environmental
next year, including moving the date up a few months. We Assistance Foundation. David's tireless effort to reform
are in the process of planning the sixth annual conference, ADEM, push for public comment at the Environmental
and we would love to hear your ideas and suggestions. Management Commission meetings, ward off not-so-
urgent "emergency" anti-degradation rules, and many
Thanks to all of your who participated and made this year's other efforts made him the clear choice for this award.
conference a great success. We look forward to seeing you Thanks for all that you do, David.
in 2003!
The Watershed Group of the Year was awarded to the
Special thanks to our sponsors and donors! Society to Advance the Resources of Turkey Creek
(S.T.A.R.T.) Since the group's inception just a few years
This year was the first year we sought corporate ago, ARA has been work with START to protect the
sponsorship of our annual conference. Thanks to our vermillion darter and Turkey Creek. This year, the darter
sponsors support, and to the many people who donated was placed on the endangered species
items for the silent and live auctions, we were able to raise list and close to 400 acres around the Turkey Creek has
close to $4,000 to help defray the cost of the conference. been bought and preserved by a land trust in Jefferson
County. It goes to show hard work does pay off.
Special thanks to our contributors:
We had co-receipients of the Best New Watershed Group
Day Long Sponsors of the Year. Slaton Crawford has been the driving force
B.A.S.S./ ESPN and Alabama B.A.S.S. Federation behind the Wilcox County Friends of the Alabama River.
Cahaba Forest Management He is working with multiple stakeholders in Camden to
protect the Alabama and have it as an economic resource
Plenary Sponsor for the Black Belt county.
Institute for Conservation Leadership The other group is Save and Preserve Swift Creek, a
tributary of the Alabama River in Autauga County. Fannie
Concurrent Session Sponsor Mae Brady and a group of dedicated volunteers have been
Haynes Downard Andra & Jones, LLP working tirelessly over the past year to slow the impacts of
sand and gravel mines on the creek and find ways to
Auction Donors restore it. Congratulations to two of our newest groups!
Alabama Environmental Council
Alabama Small Boats
Cahaba Canoe & Kayaks Too
Deep South Outfitters
Earth Creations
Ben Ferrill
Volume 6, Number 1 Page 7

Beth Wentzel Leaves Staff of Rivers Alliance

The Alabama Rivers Alliance is sad to report that Beth

Wentzel has left the staff of the Alabama Rivers Alliance
to move back to her home state of Illinois. Beth will be
working for the Prairie Rivers Network based in Urbana-
Champagne. Beth has performed extraordinary work for
the Alabama Rivers Alliance. The board and staff will
greatly miss her and wish her well in her new position.
The Alliance is working to hire a new Watershed Restora-
tion Specialist. For more information on the position,
please visit the Alliance’s web site at
www.alabamarivers.org.

JOIN THE ALABAMA RIVERS ALLIANCE

____ Yes! I will help protect Alabama Rivers. INDIVIDUAL AND FAMILY
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Birmingham, AL 35203 Business Sponsor $5000
Page 8 River Ties

ENVIRONMENTAL HAPPENINGS

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PERMIT NO. 2348
BIRMINGHAM, AL

2027 Second Avenue N., Suite A

Birmingham, Alabama 35203
(205) 322-6395

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