Athens Review, Athens, Texas

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October 15, 2007

Some Texas waters unsafe

From Staff Reports

Waters in Henderson County were among those listed in a report by an advocacy called Environment Texas as being unsafe for swimming of fishing.

The report was based on information from the Environmental Protection agency, that the Texas Commission on Environmental Quality termed as dated.

The review states that more than half of the state's waterways are unfit for fishing or swimming 35 years after the original Clean Water Act became law. The ranks the state as the fourth-worst violator of Clean Water Act pollution permit limits in 2005, behind Ohio, Pennsylvania and New York.

Using the Freedom of Information Act, Environment Texas obtained data on facilities’ compliance with the Clean Water Act between January 1, 2005 and December 31, 2005.

Troublespots listed are located in all sections of Henderson County, involving Cedar Creek Lake, Lake Palestine, the Trinity River, the Neches River and Cedar Creek Lake.

Environment Texas also called on TCEQ to finally strengthen its penalty policy to better deter polluters from violating their permits. According to a December 2003 report by the State Auditor, the enforcement program at TCEQ "does not consistently ensure violators are held accountable" and that polluters "often have economic benefits that exceed their penalties, which could reduce their incentive to comply."

At a meeting on Sept. 7, 2007, the Commissioners of the TCEQ instructed staff to develop a new rule to address this "economic benefit of non-compliance." Unfortunately, the report claims, the new rule would still allow polluters to keep the vast majority of illegally obtained profits.

“As the Clean Water Act turns 35, polluters continue to foul our rivers, lakes and streams,” said Environment Texas Citizen Outreach Director Brad Hicks. “With so many facilities dumping so much pollution, no one should be surprised that more than half of Texas waterways are unsafe for swimming and fishing. But we should be outraged.”

Facilities in Texas and across the country continue to dump more pollution into our waterways than is allowed by law,” said Hicks. Hicks noted that the findings are likely just the tip of the polluted iceberg, since the data that Environment Texas analyzed includes only “major” facilities and does not include pollution discharged into waters by the thousands of minor facilities across the country.

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