


January 26, 2012
Texas Faced with a River of Blood, Literally
by Hal Herring
I’ve been a conservation writer and reporter for almost 15 years, and there’s one thing I know for sure: you better have a sense of humor if you are going to stay in this game.
"Oh no!" I thought, when I first read the accounts of The River of Blood, also known as Cedar Creek, a tributary of the Trinity River--a big creek, filled with blood, flowing into a major, already much-abused river that is the source of drinking water for around 10 million Texans.
But as one reads on, the story is pure Twilight Zone episode, as written by Beavis and Butthead. The blood pollution was discovered a couple of months ago by an amateur drone pilot who enjoys flying his little drones “around Dallas.” When the (unidentified) drone enthusiast began looking through his day’s haul of photos, he was astounded. “‘I was looking at images after the flight that showed a blood red creek and was thinking, could this really be what I think it is? Can you really do that, surely not?'”
Eventually, the drone pilot reached the Texas Commission on Environmental Quality, which immediately sent an investigator. The creek was filled with what, according to one report, “seemed” to be blood. A large underground pipe leading into the creek from the nearby pork slaughterhouse provided another important clue.
When City Council members and Dallas Police officers loaded up in a van to investigate the pork plant, called Columbia Packing, they met with a surprise. They themselves were sent packing!
“They asked us to leave,” Councilman Dwayne Caraway says in this story.
Also from that story: "To me, it should have been checked a long time ago, because I had an idea that something was going on with that," said local business owner Lemorris William. "You never see trucks come out that carry waste material."
And Caraway adds: "The concern has been here for a number of years," Caraway said. "The little squealing pigs and the not knowing exactly how they are disposing [...] is a grave concern."
Investigators are hot on the case now. No one seems to know how long Cedar Creek has been such an important…artery…for disposing of the wastes. But it’s lucky they found the River of Blood, because it has been pouring into the Trinity just upstream from a new publically funded $4 million kayaking park. All you can say is, you have to love these new drone pilots. Without them, we’d all be kayaking in hog blood and whatever else needed dumping down that pipe. And we’d never know it!
My favorite part of this story:
“A river in southern Dallas has turned red with the fresh blood of swine, alarming environmentalists and creating the ultimate nightmare for hemophobiacs.” Everybody knows that creeks full of blood alarm only “environmentalists,” not regular folks who just want to drink water from the tap, or go fishing or swimming. Right?
Now, we can all get ready for the arguments, used most recently by McWane Industries in Alabama after being caught dumping boiler grease into Avondale Creek in Birmingham: under the new Supreme Court interpretation of the Clean Water Act, only navigable waterways are protected. Is there a “significant nexus” with a navigable waterway? Can you get one of those kayaks up Cedar Creek from the Trinity River? Can you navigate the River of Blood? If not, the blood will continue to flow. So says the law. But the Trinity River, and the kayak park, and the drinking water for the folks downstream, will be fine, won’t they? Such an idea is so stupid as to be laughable. You can laugh until you cry.
We covered this issue here on the Conservationist many months ago.
The sad fact is that this year is the 40th anniversary of the Clean Water Act, and only an estimated 2% of Americans even know what it says, or why it is important, or how it has been limited in recent Supreme Court decisions. Most Americans alive today just think it has always been this way, that for some magical reason we have safe drinking water and fish we can eat, and swimming holes on lakes and rivers, even as the rest of the world struggles with massive pollution and water shortages and expensive or non-existent drinking water. Maybe as we see more Avondale Creeks, and more Rivers of Blood, we’ll wake up. Maybe then, clean water will find more friends in Washington.
Comments (30)
How is it that there are companies out there that have the cajones to do this sort of thing? What happens at the management level within the company that says this sort of thing is OK?! Criminals.
This is far worse than just the CWA. They're dumping blood into a creek regardless of whether it is protected by the CWA it is just a plain issue of health. Blood carries all kinds of diseases, pathogens, ect... Not to long ago Mexico and most of the world dealt with the Swine flu epidemic which was arguably overblown. Regardless this is a serious health violation and the EPA hangs people and businesses for a whole lot less. Simply disgusting and idiotic!
Glad I live on top of the watershed in a forgotten corner of the USA.
Companies do this because they know at worst they're getting a slap on the wrist. It's cheaper for them to pollute like this and put the rest of us in danger than it is to dispose of the waste legally and responsibly. This is what we get from a government hell-bent against regulations.
The owners and managers of this plant are criminals in my book. Unfortunately they will pay a modest fine, fix the problem and move on.
Yes it looks bad but do remember that its organic matter, not chemical, it will be deluted by water as it flows along and will be gone before it reaches anyones well water or swimming hole. I'm sure there are many other companies who dump really bad toxins who deserve the attention more.
Great post, Hal. It's obvious the court's "navigable waterways" ruling is having a profound (profoundly negative) effect on CWA enforcement.
We saw the genesis of this industry tactic concerning the "navigable waterways" argument a decade ago here in OK with the influx of the CAFO industry and its impact on both groundwater and ephemeral surface water sources like playas.
And Walt, as a former beat reporter who covered the CAFO industry, trust me, it may be "just blood" but it's blood laced with an astounding cocktail of antibiotics, artificial growth hormones and other various and sundry nasties. I sure wouldn't want to dip my toes in it...
Walt- that pig blood is probably riddled with e coli and salmonella.
Chad, I just signed in to say the same thing. That pig blood isn't just pig blood. Commercial livestock is fed a whole array of drugs, antibiotics, etc. that are retained in the bloodstream.
And Walt, even if it was just organic matter, organic matter in high concentrations (like what is seen here)can have huge effects on the ecology of a stream.
The daily damage to our environment is astonishing! Here in southern MI we are still affected by a 1 MILLION GALLON Oil Spill into the Kalamzoo River which happened a year and a half ago! The offending company is STILL cleaning it up and promising a better future!?
The new book TROPHY WHITE TALES, has an excellent chapter on this environmental disaster titled, WHITE PINE, BLACK WATER: A TREESTAND PERSPECTIVE OF THE KALAMAZOO RIVER OIL SPILL. If you think our roads are bad, just think how neglected these old pipelines are that are crisscrossing our Nation!
It amazes me that no concerned locals caught this act. A meat packing plant is inspected by state and federal workers. It just goes to show you that no matter how many rules, regulations and laws there are, criminals break them. The plant has been there for 50 years it can't have been run like that for all that time. Some public officials must have been bribed for that plant to have been run like that for any amount of time. Even in Chicago the pols know better than this. A bunch of people should be in trouble for this violation, including the officials who should have caught it.
Walt Smith - The blood is organic but what pathogens does it contain. Also, the blood contains a high amount of Biochemical Oxygenn demand which robs dissolved oxygen from the stream depleting it to levels that can kill fish. Also the blood can be nitrified supplying the system with large amounts of "fertilizer" that can cause rapid growth of algae. Some of these algae can be very toxic to humans and animals and can even cause death if ingested.
And it was illegal, under the current terminology found in the Clean Water Act
"...however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters."
http://www.epa.gov/lawsregs/laws/cwa.html
Pretty sure epa.gov is a legit website.
The navigable wording doesn't pertain to industrial facilities
I will be the first to admit I am not a environmental lawyer but I have followed the wording clarification and am pretty sure this is covered. If I am mistaken we are in a world of trouble
Thanks Pacific Hunter.
If you have time, take a look at the case linked here.
http://www.nahb.org/fileUpload_details.aspx?contentID=107573
What the CWA says, and how it can be enforced or applied in the wake of SWANCC and Rapanos are two very different things. NAHB Lucas further demands a narrowing definition of what is protected.
All I was trying to point out is that it isn't the CWA that has a major problem, it's the enforcement of the existing laws. The solution isn't beefing up regs it's stringently enforcing what is there. I'd argue ephemeral is too loose while you'd argue that is exactly what's needed. In either case, and as you pointed out, the terminology needs clarified and then acted upon.
Pacific Hunter- I'm not sure I'd argue at all. The original CWA was broad and got broader- too broad- over time. That's because the original drafters of the Act expected the STATES to recognize the value of protecting freshwater resources, and make their own regulations. Otherwise, because waterways cross state lines (and because water is an irreplaceable economic resource), the courts would be clogged (see Mt. vs Wyo, Tongue River, see Georgia vs. Florida, Chattahoochee River)with lawsuits over water pollution and subsequent loss of use, which translates into loss of revenue potential or actual.
Hal; I agree with everyone here, the management of that plant should plan on a long trip to the grey bar motel. Along with a huge fine to the company. Maybe some lawyers, on the blog and help me with this, but I always thought in cases like this there are actually 2 crimes involved. The first is the dumping, which may have just a fine. The second is more than 1 person had to conspire to commit the dumping which is then conspiracy to commit a crime. The conspire to commit a crime can out weigh the dumping and may have some serious jail time. Like lying to a Federal Agent will get you jail time, even it the original offense doesn't. I always thought animal blood was dried and used in fertilizer, so they are also wasting stock holder money. What happened to everything is used but the squeal. Bunch of bozos (with apologies to clowns everywhere).
Finally; :"FISH WE CAN EAT"??? Many of the former industrial states and rust belt states have large amounts of PCB and mercury in the mud on stream and river bottoms. Most have warnings in your yearly regulation handout to eat wild fish only 2 times a month and trim fat carefully before cooking. Catch and release is a good idea for more than just the sport.
I am an advocate for "balance" between environmental protection and industrial expansion. We need both. However, I would say this crosses the line into unnecessarily harming the river system. Yes, it is biological, but that that's a lot of it! Too-large of a concentration of anything of almost any natural or biological agent could pose a threat. I'm not sure what the best way for disposing of such waste would be, but I'm sure there is something better than dumping it into a creek, even if I do have to pay $ 0.50 more per pound on my pork chops.
This is a horrible situation which cries out for significant punishment of those responsible and clean-up actions. I suspect that federal laws, whether under CWA or some other statutory framework, are applicable in this situation. If not, then Texas is failing miserably by not enacting their own laws governing such conduct.
Sometimes limitations on the power of the federal government, as exemplified by the ruling that the CWA applies only to navigable waters because that is the constitutional limit of federal power, mean that states must pick up slack. It may also result in some situations that we do not like - but the exceptions should not be used to destroy the larger principle.
The attitude that limitations on the federal government are laughable concerns me more than this one particular incident of environmental malfeasance.
That's just nauseating. It's sick, disgusting, and profoundly unamerican. The general manager of that plant should be forced to swim in that f**king creek for several hours before being fired, tarred, feathered, and run out of the United States hog-tied to a rail.
If the slaughterhouse knowingly dropped raw waste into their pipeline to the river, there need to be consequences.
this is what we get when we believe our polititions when they say lets remove regulations so we can produce more jobs for our poor nations. the judicial system needs looked at also. maybe some of their heads rolling in the blood river would make them more considerate
I'm surprised there dumping the blood instead of making products out of it. It can be used for dipbait to fertilizer and make more money for them. Sounds to me the people than own that place don't have a good sense of how to make money out of waste.
Ukidean Scott- i don't know what country you live in, but in the US those damn politicians have so many regulations out there i'm surprised there isn't a law for how many squares of two ply you can use to wipe your own butt. Bottom line, negligence and lack of enforcement. The regulations are out there, but if they are not enforced they are no good. Also, I don't expect the government to micro manage every little aspect of our lives. I applaud the drone pilot for recognizing a problem, and having the guts to do something about it. no more regulations, more good people taking initiative to make positive changes.
Shut them down!
I say bad manager by wondering if it was alright and then doing nothing about it!
oops
Tony, please site an example of a regulation you'd like to repeal. I always hear this constant blather about "too much regulation". But whenever you look at the details it's always something like dumping pig blood that they want to deregulate.
square peg, Maybe I should clarify. (refer to my first post) I do not want to deregulate any discharge of industrial, chemical, pathogenic, thermal, nuclear, or biochemical effluents into public waters, "navigable" or "non-navigable". Surely, this company is in violation of some NPDES regulation and should suffer the consequences for such a blatant disregard of public and environmental health. Please refer to your states administrative code and recommended standards for waste water discharges for examples of regs that Im positive this company is in violation of at least one if not several. Im just saying, lets enforce the ones that are already in the books.
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Great post, Hal. It's obvious the court's "navigable waterways" ruling is having a profound (profoundly negative) effect on CWA enforcement.
We saw the genesis of this industry tactic concerning the "navigable waterways" argument a decade ago here in OK with the influx of the CAFO industry and its impact on both groundwater and ephemeral surface water sources like playas.
And Walt, as a former beat reporter who covered the CAFO industry, trust me, it may be "just blood" but it's blood laced with an astounding cocktail of antibiotics, artificial growth hormones and other various and sundry nasties. I sure wouldn't want to dip my toes in it...
this is what we get when we believe our polititions when they say lets remove regulations so we can produce more jobs for our poor nations. the judicial system needs looked at also. maybe some of their heads rolling in the blood river would make them more considerate
And it was illegal, under the current terminology found in the Clean Water Act
"...however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters."
http://www.epa.gov/lawsregs/laws/cwa.html
Pretty sure epa.gov is a legit website.
The navigable wording doesn't pertain to industrial facilities
That's just nauseating. It's sick, disgusting, and profoundly unamerican. The general manager of that plant should be forced to swim in that f**king creek for several hours before being fired, tarred, feathered, and run out of the United States hog-tied to a rail.
The daily damage to our environment is astonishing! Here in southern MI we are still affected by a 1 MILLION GALLON Oil Spill into the Kalamzoo River which happened a year and a half ago! The offending company is STILL cleaning it up and promising a better future!?
The new book TROPHY WHITE TALES, has an excellent chapter on this environmental disaster titled, WHITE PINE, BLACK WATER: A TREESTAND PERSPECTIVE OF THE KALAMAZOO RIVER OIL SPILL. If you think our roads are bad, just think how neglected these old pipelines are that are crisscrossing our Nation!
Hal; I agree with everyone here, the management of that plant should plan on a long trip to the grey bar motel. Along with a huge fine to the company. Maybe some lawyers, on the blog and help me with this, but I always thought in cases like this there are actually 2 crimes involved. The first is the dumping, which may have just a fine. The second is more than 1 person had to conspire to commit the dumping which is then conspiracy to commit a crime. The conspire to commit a crime can out weigh the dumping and may have some serious jail time. Like lying to a Federal Agent will get you jail time, even it the original offense doesn't. I always thought animal blood was dried and used in fertilizer, so they are also wasting stock holder money. What happened to everything is used but the squeal. Bunch of bozos (with apologies to clowns everywhere).
Finally; :"FISH WE CAN EAT"??? Many of the former industrial states and rust belt states have large amounts of PCB and mercury in the mud on stream and river bottoms. Most have warnings in your yearly regulation handout to eat wild fish only 2 times a month and trim fat carefully before cooking. Catch and release is a good idea for more than just the sport.
How is it that there are companies out there that have the cajones to do this sort of thing? What happens at the management level within the company that says this sort of thing is OK?! Criminals.
This is far worse than just the CWA. They're dumping blood into a creek regardless of whether it is protected by the CWA it is just a plain issue of health. Blood carries all kinds of diseases, pathogens, ect... Not to long ago Mexico and most of the world dealt with the Swine flu epidemic which was arguably overblown. Regardless this is a serious health violation and the EPA hangs people and businesses for a whole lot less. Simply disgusting and idiotic!
Companies do this because they know at worst they're getting a slap on the wrist. It's cheaper for them to pollute like this and put the rest of us in danger than it is to dispose of the waste legally and responsibly. This is what we get from a government hell-bent against regulations.
The owners and managers of this plant are criminals in my book. Unfortunately they will pay a modest fine, fix the problem and move on.
Walt- that pig blood is probably riddled with e coli and salmonella.
Chad, I just signed in to say the same thing. That pig blood isn't just pig blood. Commercial livestock is fed a whole array of drugs, antibiotics, etc. that are retained in the bloodstream.
And Walt, even if it was just organic matter, organic matter in high concentrations (like what is seen here)can have huge effects on the ecology of a stream.
Walt Smith - The blood is organic but what pathogens does it contain. Also, the blood contains a high amount of Biochemical Oxygenn demand which robs dissolved oxygen from the stream depleting it to levels that can kill fish. Also the blood can be nitrified supplying the system with large amounts of "fertilizer" that can cause rapid growth of algae. Some of these algae can be very toxic to humans and animals and can even cause death if ingested.
I will be the first to admit I am not a environmental lawyer but I have followed the wording clarification and am pretty sure this is covered. If I am mistaken we are in a world of trouble
Thanks Pacific Hunter.
If you have time, take a look at the case linked here.
http://www.nahb.org/fileUpload_details.aspx?contentID=107573
What the CWA says, and how it can be enforced or applied in the wake of SWANCC and Rapanos are two very different things. NAHB Lucas further demands a narrowing definition of what is protected.
This is a horrible situation which cries out for significant punishment of those responsible and clean-up actions. I suspect that federal laws, whether under CWA or some other statutory framework, are applicable in this situation. If not, then Texas is failing miserably by not enacting their own laws governing such conduct.
Sometimes limitations on the power of the federal government, as exemplified by the ruling that the CWA applies only to navigable waters because that is the constitutional limit of federal power, mean that states must pick up slack. It may also result in some situations that we do not like - but the exceptions should not be used to destroy the larger principle.
The attitude that limitations on the federal government are laughable concerns me more than this one particular incident of environmental malfeasance.
Glad I live on top of the watershed in a forgotten corner of the USA.
It amazes me that no concerned locals caught this act. A meat packing plant is inspected by state and federal workers. It just goes to show you that no matter how many rules, regulations and laws there are, criminals break them. The plant has been there for 50 years it can't have been run like that for all that time. Some public officials must have been bribed for that plant to have been run like that for any amount of time. Even in Chicago the pols know better than this. A bunch of people should be in trouble for this violation, including the officials who should have caught it.
Pacific Hunter- I'm not sure I'd argue at all. The original CWA was broad and got broader- too broad- over time. That's because the original drafters of the Act expected the STATES to recognize the value of protecting freshwater resources, and make their own regulations. Otherwise, because waterways cross state lines (and because water is an irreplaceable economic resource), the courts would be clogged (see Mt. vs Wyo, Tongue River, see Georgia vs. Florida, Chattahoochee River)with lawsuits over water pollution and subsequent loss of use, which translates into loss of revenue potential or actual.
If the slaughterhouse knowingly dropped raw waste into their pipeline to the river, there need to be consequences.
I'm surprised there dumping the blood instead of making products out of it. It can be used for dipbait to fertilizer and make more money for them. Sounds to me the people than own that place don't have a good sense of how to make money out of waste.
Shut them down!
I say bad manager by wondering if it was alright and then doing nothing about it!
Tony, please site an example of a regulation you'd like to repeal. I always hear this constant blather about "too much regulation". But whenever you look at the details it's always something like dumping pig blood that they want to deregulate.
All I was trying to point out is that it isn't the CWA that has a major problem, it's the enforcement of the existing laws. The solution isn't beefing up regs it's stringently enforcing what is there. I'd argue ephemeral is too loose while you'd argue that is exactly what's needed. In either case, and as you pointed out, the terminology needs clarified and then acted upon.
I am an advocate for "balance" between environmental protection and industrial expansion. We need both. However, I would say this crosses the line into unnecessarily harming the river system. Yes, it is biological, but that that's a lot of it! Too-large of a concentration of anything of almost any natural or biological agent could pose a threat. I'm not sure what the best way for disposing of such waste would be, but I'm sure there is something better than dumping it into a creek, even if I do have to pay $ 0.50 more per pound on my pork chops.
oops
square peg, Maybe I should clarify. (refer to my first post) I do not want to deregulate any discharge of industrial, chemical, pathogenic, thermal, nuclear, or biochemical effluents into public waters, "navigable" or "non-navigable". Surely, this company is in violation of some NPDES regulation and should suffer the consequences for such a blatant disregard of public and environmental health. Please refer to your states administrative code and recommended standards for waste water discharges for examples of regs that Im positive this company is in violation of at least one if not several. Im just saying, lets enforce the ones that are already in the books.
Ukidean Scott- i don't know what country you live in, but in the US those damn politicians have so many regulations out there i'm surprised there isn't a law for how many squares of two ply you can use to wipe your own butt. Bottom line, negligence and lack of enforcement. The regulations are out there, but if they are not enforced they are no good. Also, I don't expect the government to micro manage every little aspect of our lives. I applaud the drone pilot for recognizing a problem, and having the guts to do something about it. no more regulations, more good people taking initiative to make positive changes.
Yes it looks bad but do remember that its organic matter, not chemical, it will be deluted by water as it flows along and will be gone before it reaches anyones well water or swimming hole. I'm sure there are many other companies who dump really bad toxins who deserve the attention more.
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