November 18, 2009

Governor Brad C. Henry
212 State Capitol
2300 N. Lincoln Blvd.
Oklahoma City, OK 73105


Dear Governor Brad Henry,

Oklahoma citizens in Bokoshe Oklahoma are being damaged by a fly ash dump that has operated illegally for sever years. The company responsible for this pit is Making Money Having Fun, LLC (MMHF). These citizens seek your help because they need to be protected by the agencies that are responsible for enforcing the applicable laws.

Bokoshe is becoming another Picher. The damages to human health is severe. The violations are clear. The remedies are obvious. But regulatory agencies have utterly failed to enforce the law. The people of Bokoshe, each of whom has limited means, are taking extraordinary actions and making extraordinary investments as citizens. Their worth goal is enforcement of the law by the responsible agencies. On their behalf, I request that you examine the regulatory failures described below and that you insist on correction of each failure.

Regulatory Failures:

1. Air pollution: In May 2009, the Air Quality Division of the Oklahoma Department of Environmental Quality (ODEQ) concluded that MMHF operated the fly ash pit illegally for seven years. (Attachment 1) ODEQ found that MMHF had failed to control huge amounts of fly ash dust blowing onto adjacent residences and the town of Bokoshe . ODEQ did not stop MMHF, did not assess a penalty and did not investigate the damage to human health or the environment.
Remedy: Investigate the impact on Human Health and the environment.

2. Water Pollution: In October 2009, the Water Quality Division of the ODEQ received photographs and video recordings showing water running out of the fly ash pit onto adjacent land and into the tributaries of the Arkansas River. ODEQ told the citizens of Bokoshe that it would do nothing and it has done nothing.
Remedy: Stop the release of water from the dump site.

3. Proximity to Bokoshe: The Oklahoma Corporation Commission (OCC) permits MMHF to operate the fly ash pit as a commercial disposal pit for water from oil and gas wells and hydraulic fracing fluid. OCC rules provide that no commercial pit shall be within 3 miles of a municipality. OAC 165: 10-9-1. The entire town of Bokoshe is within 3 miles of the pit., and the closest point is only one mile from the pit. Incredibly, the OCC found that there was no municipality within three miles of the pit.
Remedy: End the operation of the commercial disposal pit.

4. Mine Reclamation: The Oklahoma Department of Mines (ODOM) originally permitted MMHF to dump fly ash under the pretense of reclaiming a strip mine. ODOM has not required MMHF to reclaim the pit. Instead, ODOM is allowing MMHF to build a pyramid of fly ash reaching more than 50 feet above the surface of the surrounding land.
Remedy: Stop dumping fly ash and restore the surface of the strip mine pit.

Citizens of Bokoshe have prepared for you the information transmitted with this letter. They will present this information to the Board of Environmental Quality on Thursday, November 19, 2009. Included are photographs and videos of the fly ash dump: information regarding the dangers to human health from fly ash and oil and gas waste; descriptions of the citizens attempts to obtain enforcement of the law by state agencies.. Their goal is that the law be enforced. Enforcement of the law will likely close this dump and prevent similar dumps from being opened in the future. On their behalf, I respectfully request, with great urgency and sincerity, that you examine the regulatory failures described here and insist that these failures be corrected, and insist that the responsible agencies enforce the law for the sake of these citizens and their health.

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