Legalectric

For quite a while now we’ve been wrestling with how to assure “financial assurance” so that silica sand operators won’t shut down and leave the area looking like the moonscape.  Obviously this was not done successfully on the Range where mines closed, leaving barren piles, abandoned buildings and sites, and pits overfilling with water, we need to learn from that mess.  So we’ve been talking about it, even to the extent of getting reclamation legislation, which in my mind is in large part to assure “financial assurance” to enable the ability to do reclamation:

Sec. 105. RULES; SILICA SAND.

(b) The commissioner of natural resources shall adopt rules pertaining to the reclamation of silica sand mines. The rulemaking is exempt from Minnesota Statutes, section 14.125.

Add to that the DNR head’s very scary statements regarding PolyMet mining:

“If we ever get to a point in time where (pollution from the PolyMet site) can’t be handled, (it’ll be) because humanity changed, because World War Z came along and zombies took over. As long as there are people, there’ll be people to fix it,” Landwehr said.

The people who destroyed it are the ones who need to fix it, not the “As long as there are people, there’ll be people to fix it…”

So how to do it?  Well, it turns out there is foundational language already in the rules for landfills — something we can use as a starting point.  DOH!  Why is this just coming out now, in the EQB’s DRAFT?  Yes, it’s good to know (sorry, folks, I do not know what’s in every rule in the state) (and apparently I’m not the only one!), but shouldn’t this have been brought out early on when all the local governments started wrestling with this?

A warm afternoon of Standards & Criteria review…

Free range discussion and comment prep…

Refreshments available at the Co-op’s goodie counter…

Who could ask for more!!!

January 16, 2014, from 3:30 – 6 p.m.

Riverbend Market Co-op – Downstairs

417 Main Street, Red Wing

Join us at Riverbend Market Co-op’s meeting room downstairs for some encouragement, grab some Riverbend refreshments, spread out over tables, and get to it writing comments.  I’ll have a big extension cord and strip for those of us with fading batteries. Comments are due January 27, 2014, so we’ve got some time…

Here’s the link to the draft to be reviewed — bring a copy to mark up:

Tools to Assist Local Governments in Planning for and Regulating Silica Sand Projects:

The public comment period has been extended to January 27, 2014.

Comments can be sent via e-mail to: silicasand.eqb@state.mn.us

Be there or be square!

Riverbend Market Co-op

Thursday, January 6th, from 3:30-6 p.m.

Special thanks to Riverbend Market Co-op for use of their space — or should I say “our” space?  Stop in and shop! Become a member, it’s easy!

I don’t know much about this, but I’m learning.  What I do know, what I’ve learned, is that it CAN happen here… it has.  That is, we’ve had train derailments here in Red Wing, across the river in Hager City, and down river in Winona.  Where there are trains, there are derailments (I’ve not forgotten about low-bridging that Monticello nuclear rotor in downtown Minneapolis in … 1997?)  So what’s to prevent a Lac Megantic or Casselton, ND explosion from happening here?

Where there are trains there are risks, but are we aware of the risks?  Are there new risks? Are we operating on an outmoded understanding of the risks?

In today’s Washington Post:

Senators call for action on oil train derailments

If a derailment and explosion the magnitude of the one in Casselton, ND were to happen here in Red Wing, what would that mean?  If one the magnitude of Lac Megantic were to happen here, what would that mean?

(imagine a graphic illustration here — I’m working on it)

Where are these trains coming from, and where are they going?  I found this great map, it’s set for Bakken oil, and when you go to this link and there’s a map, look off to the right, and you’ll see destinations.  Click on one of the regions and you’ll see that for the middle of the US, you get Hayti, MO and others.  For the East Coast, Delaware City refinery shows up.  GREAT MAP!

CLICK THIS LINK FOR A GREAT MAP SHOWING WHERE BAKKEN OIL GOES (it looks better than this map below)

Are we prepared for Bakken oil trains running through town?  What about increasing knowledge about explodability of oil tanker cars?  What about the discovery that Bakken oil being shipped is more volatile than regular crude oil?  What are we doing to address these new risks?  Even the federal DOT admits that this is not your father’s crude oil:

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is issuing this safety alert to notify the general public, emergency responders and shippers and carriers that recent derailments and resulting fires indicate that the type of crude oil being transported from the Bakken region may be more flammable than traditional heavy crude oil.

Here’s the full 1_2_14 DOT Rail_Safety_Alert

Here’s another issue with Bakken oil, that of increased corrosion:

N. Dakota fracked oil said to corrode rail tank cars, put workers at risk

Of note in that article is that “Montreal, Maine and Atlantic said last week it was forced to file for bankruptcy because of potential liability in the [Lac Megantic] crash.”  Great.  So they’re subjecting us to these risks, and derailments and explosions can and do happen, and now they’re ducking financial responsibility?  Not acceptable.

Now for photos of wrecks:

This week’s train derailment near Plaster Rock, New Brunswick:

Train carrying oil derails, catches fire in New Brunswick, Canada

And one in Wisconsin last March:

Train carrying sand derails near Hatfield

A photo of the staging area for Bakken oil tankers headed for the Delaware City refinery, just 5 miles north of our home in Port Penn, DE.  This parking lot is 14 tracks deep at its deepest, if you go to google earth, look for Delaware City and on the NW edge of town, you’ll see the refinery, and go to the northwest edge, where the refinery turns into corn fields, and there’s the parking lot. It used to be this large oval, like a huge racetrack, and now there’s this new one:

Some examples of derailments from the Red Wing area.

An article I found says this one below was a westbound train, and that the cars were empty.  Good!  But there are a lot of eastbound full ones coming through these days…

This one is from February, 2012:

Directly across the river in Hager City, WI, another one in 2012, found on the City of Red Wing site:

And another derailment in Hager City triggered an evacuation of the town!

Hager City Train Derailment Update

UPDATE: Freight train derails in Pierce County

Back in 2008, another report of a derailment in Winona, with tankers going off into the Mississippi:

2 trains collide in Winona County; cars fall into river A 1,000-gallon liquid propane tank near the tracks was leaking, and nitrogen was leaking from one of the trains that derailed in the 5:30 a.m. crash near Dresbach, officials say. Two freight trains collided head-on before dawn this morning in extreme southeastern Minnesota, sending some of the derailed cars into the Mississippi River, authorities said. A 1,000-gallon liquid propane tank stationed next to the tracks in Dresbach and used to heat a switching station was leaking, as was liquid nitrogen from one of the trains, said spokesman Dave Belz of Winona County Emergency Management. The nitrogen is not considered a health hazard, Belz said, but the propane leak has prompted officials to evacuate the 15 residents from a nearby veterans home “because of wind shifts.” Two train crew members were taken to a hospital but only as a precaution, said Mike LoVecchio, a spokesman for Calgary-based Canadian Pacific, the railway that operates the two trains. “We are not counting them as injuries.” LoVecchio said 18 or 19 cars derailed. Authorities on the scene said the number was closer to 40. Emergency Management Deputy Director Joyce Tlougan, said, one of the engines is in the river, “not totally submerged, but it is in there.” The north-south tracks run parallel to the river and Interstate Hwy. 90, where traffic continued to flow normally, Belz said. The tracks are about 20 to 30 feet up a slight embankment from the river, he said. At that spot, LoVecchio said, there is a siding (tracks that act as a passing lane). “How these two trains made contact with each other is obviously part of the investigation,” he said. “We will be doing a comprehensive investigation and cooperating fully with the investigating authorities.” La Crescent Fire Chief Bernie Buehler, the incident commander, said one train coming from Portage, Wis., was pulling 100 cars, and the other was coming from La Crescent, Minn., with 15 cars. Belz said this is the first crash of this type “that I’m aware of” in his 30 years in law enforcement in the area. With the arrival of daybreak, Belz said, emergency personnel turned their immediate attention to containing the leaks and retrieving the cars in the river. Dresbach is about 150 miles southeast of the Twin Cities. The Associated Press contributed to this report. Paul Walsh • 612-673-4482

And back to Red Wing, here’s a report of another derailed train from February, 1999.

This is David Williams.  He is NOT an attorney.  Pay attention — do not be taken in, as so many have.  But if you have, know you’re in good company, just ask Redd Foxx, Mickey Rooney, Lou Gossett, Nancy Wilson, et al.  Redd Foxx said, “I think the man needs help.”  Given the level of denial I’ve seen, yes, I think the man needs help.  Straighten up and fly right?  It’s long over due.

Those who may have hired him to do legal work should have it reviewed by an attorney licensed in Minnesota to assure that it’s up to snuff. Many people he’s been associated with have put a lot of time and intense effort into issues of concern, and they should have the peace of mind that their work and hard won gains are secure and not at risk because of his misrepresentations of his status as an attorney.

David Welford Williams, of Lanesboro, Minnesota, entered an Alford plea and was convicted of Unauthorized Practice of Law on December 17, 2013. There were three separate cases at issue, one originating with his contacts to the Lake of the Woods County District Court, another regarding National Trout Center, and another with a firm in the metro where he was representing himself as an attorney.  That’s just three weeks ago, after being investigated beginning around June 2010, on the charge he was convicted of the instance investigated began in May, 2011, and being interviewed in the investigation in July 2011 according to the article.  It took more than two years… What disturbs me the most about this is that after he knew he was under investigation, after he was charged, after he knew he was under scrutiny, he was still representing himself as a “retired lawyer,” sending emails as “lawyer” and hiring out for legal work.  He knew he was under investigation at the time that we talked about his not being licensed in Minnesota.

Fillmore County District Court File 23-CR-13-347

Reports in the press:

Man ordered to stop portraying himself as attorney – Post Bulletin

Lanesboro man accused of acting as attorney – Post Bulletin

Fillmore County Journal-8-30-2013 (formatting issues)

Williams is a familiar face in Minnesota, particularly regarding silica sand mining, particularly for working on the Fillmore County silica sand mining ordinance.  This summer, when people I know, particularly two former clients, were working with him, I was curious what sort of law he practiced, googled, as I do with all attorneys I’m dealing with, and found nothing.  NADA.  So I went to the MARS site, attorney registration, and nothing.  No David Williams there.  EH?  So I did some more googling, and ended up in California, at the State Bar’s site, where it said he was first “suspended,” and then “resigned, charges pending.”  Oh my…

Next, I emailed him and asked what’s up with that.  He called, we played phone tag, and when we finally connected, he denied he was practicing law without a license, that he’s just a lil’ ol’ retired lawyer, nope, not practicing law, no way, no how…  D-E-N-I-A-L.  I would have felt differently, not at all on alert, but for the info on the California site, and he admitted that he was the same David Welford Williams, Jr., that had been licensed in California.  So I did some more googling, up came info about a couple of workshops, and just recently, an application to the MPCA surfaced:

David Williams “retired lawyer” – 11/18/2013 Application for Silica Sand Rulemaking Committee

David Williams “attorney” – Experts teach townships about zoning to control sand – Republican Eagle

David Williams “attorney” – “Ain’t No Local Control. . . Without Controls”..

What I didn’t know, until today, was that two years and two months prior to our conversation, TWO YEARS AND TWO MONTHS, on May 10, 2011, he was charged in Fillmore County with Unauthorized Practice Law, and the matter was pending as we spoke, pending as he denied.  Really… I had no idea.  My bullshit detector went off, but I sure didn’t know charges were pending.  Wow… suffice it to say, I’m blown away.

Here are the specifics in the California file:

Supreme Court of California Order 9-23-1981_Suspension_Violation of Penal Code 470 (forgery)

Oh, great…

But wait, that’s not all, it gets worse:

Supreme Court of California Order 4-20-1983_Resignation with Disciplinary Proceedings Pending

And then there another matter, related to a civil case where he entered into a stipulation that he would pay to the tune of $113,055, which he didn’t pay, and which was paid by the state Client Security Fund:

Supreme Court of California Order 7-7-1983_4 Claims at Client Security Fund

Here’s a more colorful episode, check the quotes from Redd Foxx and the bit about the $9,769.60 “final payment on the 3.52 carat diamond ring” and charges he apparently ducked on that:

A blurb about his arrest:

And sentencing on the forgeries, including five years probation, restitution, and community service:

And here’s the real poop from a very pissed off Redd Foxx (click for larger version):

From Carmen McRae:

Monday, November 18, 2013 @ 6 p.m.

Goodhue County PAC Meeting

Silica sand ordinance

The packet for this meeting wasn’t posted as of Friday, so county staff sent it right away.  Their system needs help, not only was the packet not on the county site, but on the “Events Calendar” it said the meeting time was 7 p.m.  NOT GOOD.

But on the other hand, the packet has some glimmers of hope.  It’s a hearing on the Save the Bluffs application for a Overlay District to protect natural resources.  Here’s the packet:

Agenda_11-18-2013

MSC Summary Report3

PAC Report_Save the Bluffs Zoning Amendment Request 11-18-13

What’s on the table is EVERYTHING and then some:

• The original Application: Save the Bluffs’ Application for Zoning Ordinance Amendment

• The “Four Points” as presented in the Aug. 11, 2013 PAC Packet:

            There are later versions of these points, as Alan “pointed” out (cut and pasted):

The MSC met on September 4, 2013 to discuss these requests. The Save the Bluffs representatives provided the following four items instead of the ones provided to the PAC:  [Alan’s emphasis added]

1.   1 mile setback from high population areas, such as cities, hamlets, and residential subdivisions;

2.   1 mile [setback?] from the high water mark of the Mississippi – which protects the Great River Road and related tourism;

3.   Prohibit the use of flocculants (or better yet, permit only dry processing); and

4.   Set harsh penalties (such as canceling the permit) for violations.” [The Staff Report uses the above language.]

The items called out in the PAC agenda (“public hearing”) for Monday are different still:

a.   No frac-sand operations (mining, processing, washing, trans-loading) within 1 mile of cities, R1 zoned districts, and campgrounds;

b.   No frac-sand operations (mining, processing, washing, trans-loading) within a mile of the high water mark of the Mississippi;

c.   Prohibit the use of flocculants in the washing and processing of frac-sand.(permit only dry processing so chemicals won’t get into surface or ground water and far less water is used), and;

d.   Set harsh penalties for mining, processing and trans-loading violations (such as canceling the permit). The means of these different version seem similar but not identical and some of the differences could be important.

• The MSC’s Recommendation (remember, they’re merely ADVISORY, as is the PAC):

MSC Summary Report3

•  Any combination you like, one from Column A, one from Column B… it’s wide open.

And I’m rather attached to that “Any combination you like, one from Column A, one from Column B…” option.  First, the map, above.  And there are more in the MSC Report.  Here’s a map showing Setbacks, but it’s only PART of Goodhue County, we need the whole County mapped:

Here’s a map with the StB “four points” 1 mile buffers (why is this map such poor quality?):

And this map, showing the green “Blufflands” Sub-Eco Classification:

And another showing public waters and blufflands (again, why is the quality of this map sooooo poor?):

So “Any combination you like, one from Column A, one from Column B…” to me means to take these maps, put them together, and what do you get?  Pretty good protections of the natural resources of our County!

This is a good start on the request of the original application.  Not the be-all and end-all, but a good start!