It’s Happening In Our Community!

FACT - In February 2009 residents of Bokoshe, OK and the surrounding area attended several meetings by the Center for Energy Matters about the proposed AES Shady Point 2.

FACT - In February 2009, the Bokoshe Environmental Cause Group (B.E. Cause) was formed to fight the permit and the fugitive dust from the coal combustion waste (fly ash) created by burning coal. The fly ash is being dumped one mile south of Bokoshe at the Thumbs Up Ranch* fly ash disposal site. (*dba M.M.H.F., LLC (Making Money Having Fun, dba Clean Hydro)

FACT - In March 2009, AES withdrew their permit and a decision was made not to build Shady Point 2.

FACT - In March 2009, B.E. Cause launched their website www.intheairwebreath.com. We started a nationwide campaign to let people know what is happening in Bokoshe, OK. At this time the website is viewed daily by hundreds of people nationwide and internationally.

FACT - In April 2009, we attracted the attention of some of the largest environmental groups in the country. We were contacted by the EPA (Environmental Protection Agency) in Washington D.C. We have been working with Washington and providing photographic evidence and documentation about AES and the M.M.H.F., LLC fly ash disposal pit. Washington made the statement, “Finally, your letters, and certainly many of the photos, illustrate how a waste unit can be state-permitted as a landfill while it is actually a surface impoundment.” (A surface impoundment dam (berm) is what broke in Kingston, TN contaminating their town and surrounding area.) We are still in discussion with the EPA about the situation in Bokoshe, OK. We have also been in contact with our state and U.S. senators and representatives.

FACT - On April 15, 2009, a group of Bokoshe resident attended a Oklahoma Department of Air Quality Meeting and spoke about AES, M.M.H.F., LLC and fugitive dust from fly ash released outside of permitted areas and the detrimental impact it has on our town, Bokoshe, OK.

FACT - In May 2009, as a result of residents attending the ODEQ Air Quality Meeting, the ODEQ investigated M.M.H.F., LLC. They found numerous violations, They wrote a memo concluding that Making Money Having Fun has been operating illegally without a permit from the ODEQ for 7 years.

FACT - In September 2009, a group of Bokoshe residents attended an Oklahoma DEQ Water Quality Board Council Meeting. They spoke about the contamination caused from the oil & gas waste water being dumped at M.M.H.F., LLC. Besides it’s release outside the immediate permitted area, it is escaping into Doe Creek, to Buck Creek, to Brazil Creek, to the Poteau River then into the Arkansas River. A decision was made by the board to convene a meeting with the ODEQ, the Oklahoma Corporation Commission and the Department of Mines to discuss the problems at M.M.H.F., LLC. All three government agencies have jurisdiction over M.M.H.F., LLC.

FACT - In September 2009, one day following the ODEQ Water Quality Council meeting, an inspector for Washington’s Regional 6 EPA was on site testing the off-site areas where oil & gas waste water is being released outside M.M.H.F., LLC disposal site permitted area and documenting the amount of contamination.

FACT - When M.M.H.F., LLC submitted their application for a commercial disposal pit to the Oklahoma Corporation Commission, they stated, “There is no incorporated municipality with population of 20,000 or less within three (3) miles of the proposed facility ; nor within five (5) miles of municipality with population greater than 20,000 .” Their supporting geographical maps and documents do not show Bokoshe, Oklahoma. It is illegal to have a commercial disposal pit within 3 miles of an incorporated municipality with population of 20,000 or less. Bokoshe is 1.5 miles from the commerical pit.

FACT - On October 20, 2009, a group of Bokoshe residents attended an Oklahoma Department of Environmental Quality Board Meeting. They spoke about the contamination caused by fugitive dust from fly ash released outside of permitted areas and the oil & gas waste water being dumped at M.M.H.F., LLC and the detrimental impact it has on our town, Bokoshe, OK. Besides it’s release outside the immediate permitted area, the oil & gas waste water is escaping into Doe Creek, to Buck Creek, to Brazil Creek, to the Poteau River then into the Arkansas River. They were provided photographic evidence and documentation

FACT - All members of the ODEQ board are appointed by the governor. On Monday prior to the board meeting, an identical copy of the photographic evidence and documentation collected by the Bokoshe residents was put on Governor Brad Henry’s desk for his review.

FACT - On December 10, 2009 MMHF, LLC was issued Administrative Order (Docket #CWA-06-2010-1748) for violation of the Clean Water Act (33 U.S.C. 1251 et seq.) involving unauthorized discharge of pollutants to waters of the United State (tributary of Buck Creek) by the Environmental Protection Agency. It was determined by the EPA that the discharge point of entry into Buck Creek was contaminated from discharges and measured between 900 and 4200 parts per million total soluble salts. EPA has directed MMHF to cease all discharges and remove all contaminants from Buck Creek.

This violation has caused MMHF to be out-of-complaince with ODM’s Coal Combustion By-Product Standards, specifically OAC 460: 30-5-8, requiring MMHF to be in compliance with effluent discharge standards of other enforcement agencies. Until this matter is resolved and subsequent ODM review of documentation from the EPA no more produced water from oil and/or gas wells from any geologic zone or common source of supply shall be brought to the site. This cessation is being ordered because the high levels of salts found in EPA’s sampling and analysis is consistent with the constituents of the produced water being brought to the site. In additional, further permit revisions will be suspended pending resolution of this matter.

The Cessation Order does not prohibit the placement of CCBs on site, and utilizing the water available on location to work the ash or continuing reclamation activities as directed by ODM. (ODM - Oklahoma Department of Mines)

FACT - MMHF Cited for 2nd Time in 4 Months - CESSATION ORDER
(Dallas, Texas – April 27, 2010) The Environmental Protection Agency (EPA) has issued a cease and desist administrative order to MMHF, LLC of Bokoshe, Oklahoma, for violations of the federal Clean Water Act.

A February 22, 2010, EPA inspection of the company’s open pit coal mine reclamation operations in LeFlore County, Oklahoma, found an unauthorized discharge of pollutants (waste water) into a tributary of Doe Creek. Samples of the waste stream were taken during the inspection and were found to be toxic and in violation of Oklahoma water quality standards. (It was determined by the EPA that the discharge point of entry was contaminated from discharges and measured between 900 and 4200 parts per million total soluble salts.)

Based on these findings, MMHF, LLC has been ordered to immediately eliminate the unauthorized discharge of toxic waste water, and within 30 days document and describe the corrective actions taken to eliminate the unauthorized discharge and provide a plan explaining how future waste streams will be managed.

The Cessation Order does not prohibit the placement of CCBs (coal combustion waste/fly ash) on site, and utilizing the water available on location to work the ash or continuing reclamation activities as directed by ODM.

FACT - In the Federal Registry the proposed coal combustion residuals rule has a link to the Bokoshe website's photo gallery www.intheairwebreathe.com. It is located at footnote No. 163; bottom of page 35215. It is cited as a prime example of fly ash fugitive dust at a coal combustion waste site. You can access the website in the registry by using the link below. http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b06eac

FACT - As of today September 8, 2010, no state agency has taken responsibility for the for the flyash problem in Bokoshe, Oklahoma. Even though informed, the governor and no state or U.S. senator or representative has gotten involved. We have not had any support in getting the state agencies rules and regulations enforced.

FACT - In September 2010, Residents of Bokoshe, Okla., blasted state agencies at an EPA hearing Wednesday in Dallas, TX for not doing enough to protect them from toxic fly ash, the byproduct of coal-fired power plants. We traveled to Dallas to speak at the EPA hearings as well as premier the “Bokoshe Story” movie. We attended round table discussions and answered questions about the problems in Bokoshe.

FACT - In November 2010, a class of 17 5th & 6th Graders take on the AES energy giant. Fearing for the health of their small eastern Oklahoma town, sixth grade students in Bokoshe are publicly speaking out against a toxic coal fly ash pit near their school. The students selected their town’s number one concern as part of an environmental component of the national Learn and Serve America Program that encourages civic participation and awareness. More information can be found at www.Learnandserve.gov.

Copyright © 2009 by B.E. Cause All rights reserved.