MISSION: WATER 32 HEADLINE SURFACE WATER Photos: Waterkeeper Alliance Waterkeeper Alliance’s Pure Farms, Pure Waters campaign focuses on educating the public and decision makers about the impacts of and alternatives to industrialized livestock operations, supporting communities and local farmers, and advocating for sustainable food systems. We implement the campaign in coordination with local environmental organizations across the state that house Riverkeepers – experienced advocates devoted to protecting a specific waterbody in their community. North Carolina communities need support because beyond being a public health issue, this is an environmental justice epidemic. Across the state, swine CAFOs are disproportionately located in low-income communities and communities of color. The percentage of people of color living within three miles of an industrial hog operation is 1.52 times higher than the percentage of non-Hispanic Whites. In September 2014, Waterkeeper Alliance took action against this injustice in partnership with the NC Environmental Justice Network (NCEJN) and the Rural Empowerment Association for Community Help (REACH). These groups filed a complaint with the U.S. Environmental Protection Agency’s (EPA) External Civil Rights Compliance Office (ECRCO) against North Carolina’s Department of Environmental Quality (NCDEQ), alleging that the state agency violated Title VI of the Civil Rights Act of 1964 by issuing a permit that allowed for the operation of over 2,200 industrial hog facilities without sufficient protections to affect neighboring residents. Title VI prohibits recipients of federal funds - such as the North Carolina government - from taking actions that have a discriminatory racial impact. The challenged permit did not give adequate protections for the African American, Hispanic and Native American communities that bear the burden of living next to these polluting operations. The agency nonetheless issued the permits despite extensive evidence demonstrating the negative impacts of the continued use of primitive waste management techniques. ECRCO began its investigation of the complaint in February 2015. This year, in a January 12th letter to NCDEQ, the agency expressed “deep concern” that the state’s failure to adequately regulate industrial hog operations has a disparate, discriminatory impact on communities of color in eastern North Carolina. EPA’s “Letter of Concern” urged NCDEQ to take immediate steps to address the discriminatory effects of the state’s swine waste management system. “For far too long, NCDEQ has prioritized customer service for the benefit of polluters instead of environmental protection for the benefit of all North Carolinians,” says Will Hendrick, Waterkeeper Alliance Staff Attorney and Manager of its North Carolina Pure Farms, Pure Waters Campaign. “We are glad EPA shared our concerns and are hopeful that the new NCDEQ administration will view this as an opportunity to take long overdue action.” The letter to NCDEQ contained key recommendations that the state agency should take, with immediate steps to be implemented. EPA acknowledged that alternative waste management technologies are available and would decrease pollution and odor caused by the use of lagoon and sprayfield systems. EPA further called on NCDEQ to institute a “functioning nondiscrimination program,” including the introduction of staff and procedures to handle complaints from the public. NCEJN, REACH, and Waterkeeper Alliance hope that NCDEQ will adopt these recommendations. The letter from EPA to NCDEQ was a critical step toward achieving justice and recently Waterkeeper Alliance was able to put another win under its belt in Waterkeeper Alliance v. Environmental Protection Agency. On April 11, 2017, the DC Circuit Court ordered EPA to close a dangerous loophole that has allowed hazardous substances released into the environment by CAFOs to go unreported. “People have a right to know if CAFOs are releasing hazardous substances that can pose serious risks of illness or death,” says Kelly Foster, Senior Attorney for Waterkeeper Alliance. “This ruling ensures that the public will be able to obtain this information in the future, and will hopefully spur EPA to start responding when hazardous substances reach toxic levels.” WATERKEEPER® ALLIANCE Gets Down and Dirty to Reel in Wins Against CAFO Pollution Raw swine discharges have serious implications including fish kill and algal blooms.