UNIVERSITY OF RICHMOND SCHOOL OF LAW Professor Noah M. Sachs Toxic Chemicals and Water: What are the Risks? What are the Solutions?

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Presentation transcript:

UNIVERSITY OF RICHMOND SCHOOL OF LAW Professor Noah M. Sachs Toxic Chemicals and Water: What are the Risks? What are the Solutions?

Major Findings of the January 2014 Report “A Strategy to Protect Virginians from Toxic Chemicals” by Noah Sachs & Ryan Murphy Virginia industries discharged 16.7 million pounds of toxic chemicals into waterways in different facilities (with 570 total outfall pipes) were legally permitted to discharge toxic chemicals into waterways Virginia was ranked second in the nation by amount of toxic chemicals discharged to waterways The New River and the Roanoke River were among the worst twenty waterways in the nation by amount of toxic discharges Fish consumption advisories in effect for most of the major rivers in Virginia due to toxic chemical contamination

Toxic Chemical Storage Near Waterways

The Freedom Industries Spill Charleston WV, January 9, 2014

Facilities in Virginia Storing Over 1 Million Pounds of Toxic Substances in 2011

Protecting waterways from chemical accidents: What are the options? Annual inspection Secondary containment Leak detection equipment Siting and construction standards for new tanks Mandatory notification and spill response plans

SB 811 – Just enacted in 2015 Requires a study by DEQ, Dept of Health, and DEM on chemical storage in the Commonwealth, including: (i) an examination of existing programs to protect drinking water resources from chemicals (ii) identification of any existing gaps in drinking water protections related to chemical storage (iii) identification of any inadequacy in storage standards Study due by December 1, 2016

Oil Transport by Rail

Lynchburg, VA April 30, 2014

Near Mount Carbon, WV Feb 16, 2015

Galena, IL March 6, 2015

Casselton, NDDecember 30, 2013

Aliceville, AL November 8, 2013

Lac Megantic, Quebec July 6, 2013

Dept. of Transportation recommended ½ mile evacuation zone in the event of an oil train fire

Downtown Richmond rail hub

UNIVERSITY OF RICHMOND SCHOOL OF LAW Professor Noah M. Sachs Toxic Chemicals and Water: What are the Risks? What are the Solutions?