Background
The Eagle Mountain Dump proposal calls for a parade of trash trucks and trash trains carrying 40 million pounds of garbage daily, rumbling though the Coachella Valley of Southern California over the next 100 years, to be deposited on the doorstep of Joshua Tree National Park. Kaiser Ventures and Mine Reclamation Corporation, (Kaiser/MRC) are the companies who came up with the idea.
Riverside County first approved the dump in 1992. Environmentalists challenged the approval successfully in California Superior Court, and in 1994 the project lost all approvals, and was back to step one. In 1997, Kaiser/MRC produced a new environmental report (EIR), and Kaiser/MRC appealed the decision and on May 7, 1999, the Appeals Court overturned the lower Court's ruling. Interestingly, this was the first time Judge McConnell (Superior Court Judge) had been overturned on an environmental case. Dump opponents filed a Petition For Review in the California Supreme Court. To encourage the Supreme Court to hear our case amici curiae, or "Friends of the Court" letters were filed in support of our petition by California Attorney General Bill Lockyer, Joshua Tree National Park Superintendent Ernest Quintana, the Sierra Club, California Advocates for Wildlife (CLAW), Mountain Lion Foundation, Natural Resources Defense Council Planning and Conservation League, Southwest Center for Biodiversity, Earthlaw, Desert Citizens Against Pollution, Bay Area Nuclear Waste Coalition, and California Communities Against Toxics. Clearly, public interest dictated review for this proposal, however, in July 1999, the California Supreme Court denied our request for a hearing. A Federal lawsuit was filed by Larry & Donna Charpied, the Desert Protection Society, and the Center for Community Action and Environmental Justice on December 20, 1999, to, among other issues of law, reverse the land exchange granted by the Bureau of Land Management (BLM).
It is time to dispel some of the myths associated with this massive garbage dump.
Myth I: Mine Reclamation
Kaiser/MRC claim they'II fill the east pit that was created by Kaiser's mining operations and "reclaim" this scared land. The fact of the matter is, there will be no garbage dumped into the east pit because the pit has not been included in any of the permits that have been issued, i.e. Water Board and the integrated Waste Management Board. In fact, the California Integrated Waste Management Board agenda states in part, "...This landfill should no be considered a construction/demolition mine reclamation site...". During one of the hearings, Supervisor Roy Wilson criticized the MRC saying "a person could not tell by the media coverage that the east pit will not be filled with garbage". The only reclamation will be the erosion from wind, rain, etc that will eventually reclaim the mining pits.
Myth 2: Private Venture
This project is supposed to be a "private" venture, yet we see a State Agency - the California Pollution Control Financing Authority - poised to grant up to $200,000,000.00 (That's $200 Million Dollars) in low interest, TAX-FREE revenue bonds to construct and operate the dump. Kaiser/MRC will argue that California tax payers are not losing money. That flies in the face of logic for several reasons. One is the obvious, note the words "tax free"? This is a taxpayer rip-off because when Kaiser/MRC default on the revenue bonds, the State of California (you and I), will pick up the tab because the State will not risk it's credit rating with the federal government. Why would our state want to grant $200 Million dollars to Kaiser/MRC that will create a huge source of pollution, when that money could be used to remediate the Salton Sea, which would create tourism dollars; or provide funds for schools to transition to safer environmental practices such as non polluting buses, cleaner indoor air quality, and reducing the use of deadly pesticides? Or is this simply another example of a clever moniker, "California Pollution Control Financing Authority" to benefit corporations over the public good?
Myth 3: The public will get valuable new land in the Land Exchange
The "private" proposal involves a land exchange where the polluters will get about 3,500 acres of land from the Department of Interior (BLM) to build the damp - mostly virgin, unused canyons close to Joshua Tree National Park. In return, the public will get some 2,800 acres of land that consist of tracts of land bisected by a dormant rail line, that will be reactivated to haul garbage to the dump site. In addition, more than half of this new land is a military bombing range so it can't be used by the public. In other words, we trade pristine public lands that could be used for beneficial purposes by the public and we get a bombing range and rail line.
Myth 4: Local Control
Joshua Tree National Park surrounds the dump on three sides, with the closest point a little more than 2,500 yards away. The "put the control in the local government" politically correct rhetoric from our politicians, certainly does not apply to the Eagle Mountain dump project. The local Park Service at Joshua Tree National Park, Regional Park Service in San Francisco, and National Park Service in Denver Colorado all had serious concerns about the impacts from this dump on Joshua Tree. These concerns comprised 100 pages in the EIR. Washington D.C. thought the concerns were unfounded and decided to convene a meeting, held at Joshua Tree, and requested four world renown ecologists to provide their assessment of the project. The four unbiased scientist agreed with the comments/concerns articulated by Park Service Staff, and concluded once the impacts are detected, they will be impossible to reverse.
The National Park Service in Washington DC decided to disregard the opinions of their own employees and experts in the field, took control of all decision-making from the local control, signed an agreement with the polluters, and sold our beautiful Park down the toilet. Regarding the issues articulated in the EIR, the National Park Service were told nearly 30 times to refer to the Agreement to satisfy their concerns. When we questioned our federal Representatives, like Mary Bono and Diane Feinstein, we hear, the decision was made by local government, Riverside County, and the local agencies know what's best.
Myth 5: Badly needed preservation money will be made by the dump
Some will argue that mitigation money, at least $1.00 per ton of garbage dumped, will go to the purchasing of land that is important to the preservation of the desert tortoise and big horn sheep. We already have this land! Taxpayers have already spent millions of dollars to designate the Chuckwalla Bench Area of Critical Environmental Concern (ACEC), home to the desert tortoise and migration path of the big horn sheep. The trash train slashes through the heart of this area that includes Federally designated critical habitat.
Further, a 1936 Presidential Proclamation recognized that it is in the public's interest to preserve Joshua Tree as a National Monument. In 1984, the Monument was designated a World Biosphere Preserve, and finally in 1994, Joshua Tree's status as a nationally significant area was reaffirmed by designating it a National Park. It is the only place in the world where the Mojave, Sonoran, and Colorado deserts converge with all the flora and fauna from those ecosystems existing in the convergence. We have a responsibility to protect this valuable resource, and not rationalize trashing it by claiming there is even better land that we could acquire somewhere else.
President Clinton halted plans for a gold mine located near Yellowstone National Park. In doing so he said "our National Park System is more precious than gold". This administration's silence on the dump next to Joshua Tree sends the message that "Joshua Tree is less precious than garbage". President Clinton has recently designated lands for protection in Grand Canyon National Park, and California Coastal lands, from damaging development. Why is he, Vice President Gore, Diane Feintsein, Barbara Boxer, Mary Bono, and Secretary of Interior Babbitt all ignoring the gigantic blemish forming on the face of Joshua Tree?
Myth 6: Eagle Mountain dump will not create any environmental damage
A few facts that have not received much publicity. Did you know that an open portion of the Colorado Aqueduct runs about 500 feet from the dump? This aqueduct feeds over 16 million Southern Californians their drinking water daily. It could be some kind of strange poetic justice, Los Angeles' garbage will come right back at them through their water faucets.
In 1977 it received Class I Airshed status. This means that it has the cleanest air possible. It is the last remaining Class I Airshed in the continental United States. The dump will bring more than 5,000 tons of air pollution annually. Do you now how many teeny weeny particles of pollution it takes to make 5,000 tons? It's mind boggling.
Myth 7: The dump will create needed jobs for the desert population
Did you know that the Eagle Mountain Community Correctional facility is anxious to use inmate labor for the dump? Utilizing this "slave labor" ensures no need to employ residents of the desert communities. So much for "jobs, jobs, jobs".
Myth 8: The dump will only operate for 50 years
No, the agreement between the polluters and the county is for 50 years. The development agreement between Riverside County and the polluters was limited to 50 years meaning that the contract will be up for re-negotiation at that time. lt does not mean that the dump is only for 50 years. The Riverside County Board of Supervisors approved the dump for 117 years. Conceivably, Riverside County could get 0 dollars for 67 years unless Los Angeles, who now owns the dump, finds it in their hearts to throw the County a bone. As businessmen, 4 out of 5 Supervisors proved to be hay seeds dealing with city slicker Rick Daniels and the Boyz.
Myth 9: There are no schools near the dump
Anytime the issue of the elementary school has been raised the polluters point to Desert Center school and suggest no impacts from the dump. They continue to hide the fact that the Eagle Mountain Elementary School is virtually across the street from the proposed dump. Too bad MRC didn't promise the school an inexhaustible supply of asthma inhalers, because they sure didn't make any provisions to protect the children from the known consequences of their dump. I wonder if any of those who granted approval for the dump would have their child, grandchild, nephew, niece, or any child they love attend the school located at the front door of the world's largest garbage dump?
In the meantime our federal lawsuit moves forward. That legal battle will be expensive. Any donation is appreciated, needed, and is tax deductible.
Make checks payable to:
CCAEJ, earmarked for "Stop the Dump"
PO Box 33124
Riverside, CA 92519
For more information on this battle, call (951) 360-8451 or check back here for the latest updates.