Association to Preserve Cape Cod - this week... |
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| Hey, Holtec- Not so fast by Andrew Gottlieb, Executive Director
Disbelief was our first reaction upon hearing that Holtec, the multi-national corporation using public funds to decommission the Pilgrim Nuclear Power Station planned to use Cape Cod Bay as a dumping ground for radioactive waste. Disbelief quickly turned to outrage, and from that came a resolve to use all legal means available to us to protect the bay. Although litigious only as a last resort, APCC hired an expert legal team and went to work. The result of several months of legal analysis was recently presented to the administration of Governor Maura Healey for its consideration. APCC has requested that the Commonwealth invoke the state’s authority under the Ocean Sanctuaries Act to stop the discharge of radioactive wastewater from the Pilgrim Nuclear Power Station into Cape Cod Bay by Holtec International. APCC’s analysis demonstrates that the only legal option available to the Commonwealth is to deny the permit application.
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APCC provided a legal analysis showing that the Ocean Sanctuaries Act—or OSA—expressly prohibits new industrial discharges of pollutants into waters, including Cape Cod Bay, covered by the act, except in certain narrow exceptions that are not applicable to Holtec’s proposal.
The letter, drafted on behalf of APCC by its legal representatives at Sugarman, Rogers, Barshak & Cohen, P.C., demonstrates that the issuance to Holtec of any state permit, authorization, or approval for a discharge would be inconsistent with the OSA. The letter explains that “Holtec’s proposed discharge is not eligible for a new or modified Massachusetts Surface Water Discharge Permit, or for a new or modified state Water Quality Certification,” which Holtec applied for last week. The further letter states that “Holtec’s discharge cannot be considered an ‘existing discharge’ as defined by the statute. This exception allows for ‘the operation and maintenance of existing municipal, commercial or industrial facilities and discharges where such discharges or facilities have been approved and licensed by appropriate federal and state agencies.’”
APCC maintains that Holtec’s proposed radioactive release of water used in decommissioning is not a permittable discharge because it was not preexisting when the Cape Cod Bay Ocean Sanctuary was created in 1971. Because the water proposed to be discharged is associated with the decommissioning process after Pilgrim ceased operations and associated discharges, the proposed new discharge cannot be considered “operation and maintenance” of an active power generation facility and therefore must be viewed as a new industrial discharge. A new discharge cannot be authorized by any state agency, according to the OSA, regardless of the policies of the Nuclear Regulatory Commission.
Our analysis shows clearly that the proposed Holtec discharge of water to Cape Cod Bay is illegal under the state Ocean Sanctuaries Act. This prohibition is based on a clear and plain reading of the law and does not require proof of harm to be enforced. APCC has demonstrated to the Healey administration that it not only has the ability, but also the obligation, to deny Holtec’s permit application. We trust that the administration will fulfill its commitment to block this proposed abuse of Cape Cod Bay and place this distraction aside so that the serious work of completing decommissioning can proceed.
The proposed use of Cape Cod Bay as a waste dumping ground was always a cynical attempt by a huge multinational conglomerate to profit at the expense of Cape Cod Bay, as well as the people of southeastern Massachusetts and Cape Cod, for whom a healthy bay is an economic lifeline. APCC is committed to protecting Cape Cod Bay for current and future generations and we are grateful to Gov. Healy and Attorney General Andrea Campbell for being open to our analysis. It is time for this outrageous proposal to be denied once and for all.
Click here for more information. |
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| Herring counts are underway!
Thank you to everyone who signed up to count herring this spring. We had a huge response and as a result have now closed our signup for herring counts. Responses to volunteers who signed up before 3/31/23 are still underway, so your patience is appreciated. Counting is underway at most runs and will continue until June 15. |
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| By popular request...
APCC Caps are now available for purchase! $25 includes shipping & handling Click here for more information and to order. ~ This is one great way to show your support for APCC's work. |
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| APRIL is Earth Day Month! |
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| Join us at Waquoit Bay Reserve in Falmouth for Teachers on the Estuary: Wastewater in Watersheds |
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Brewster Ponds Coalition hosts Cape-Friendly Landscapes ~ Design and maintenance, mindful of nature
Tuesday, April 25th 3:00 - 4:30 p.m. Brewster Ladies' Library
APCC's associate director for education, Kristin Andres, will discuss our landscapes and gardens, and how they play an important role in the health of the Cape’s environment. For more information, CLICK HERE. |
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APCC is still accepting applications for a seasonal internship and a year-round position. |
For more information on these position openings,
CLICK HERE. |
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| Hanging in the Balance ~ A New APCC Report
Hanging in the Balance: An Urgent Call for Protecting Cape Cod’s Natural Resources is a report by APCC that provides a comprehensive analysis of key natural resources on Cape Cod. The report examines past and present impacts to natural resources, current threats, case studies, and recommended actions that promote protection, preservation and restoration of the region’s most important resource areas.
Click here for the report pdf. |
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It's Storytime!
Click on the photo below to reach the Hanging in the Balance story map. Don't know what a story map is? It's a format that allows images, both still shots, maps, and video to be linked together in one smooth transition accompanied by text. Once you click the photo, you will be at the story map. Then simply scroll down through the images and text that tell the story.
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The Jewels of Cape Cod ~ Our Freshwater Ponds |
Pond Stories is a collection of writings and other media from Cape Codders and visitors who love the 890 local ponds that dot the Cape. We hope this collection of stories awakens your inner environmentalist to think deeper about our human impacts to these unique bodies of water. |
Send us your favorite pond photo, story, poem, video, artwork—we want to share with everyone why the Cape's ponds and lakes are so special! Email your pond connection to kandres@apcc.org |
Have a favorite pond? Want to connect with others who are active in protecting their ponds? Join the Cape Cod Ponds Network. For more information about past meetings of the Pond Network and to sign up (scroll down the page), click here.
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| Just a Teaser -
We will hold our third annual native plant sale in early June. More information to come in May. In the meantime, be thinking about where you have room for more native plants, and where lawn can be reduced and planting beds expanded. Click here for some garden examples and scroll down the page. |
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The Pollinator Pathway Cape Cod is a group of organizations promoting native plants and pollinator-friendly land care practices to create a boat load of safe oases for our native bees, butterflies and a whole host of other pollinators that are crucial to the health of our ecosystems. Join us! It's easy. There are no fees. You just need to pledge to ADD native plants, SUBTRACT a little lawn, AVOID yard chemicals, especially pesticides, and LEAVE the leaves. And, help us spread the word. If you wish, please get on the map to show your support of pollinators!
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A Cape Cod Native Plant-finder
~ to help you choose the perfect native plant for your garden location. |
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| Barren Strawberry, Waldsteinia fragarioides |
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Email kandres@apcc.org and
we'll send you a CapeCodNativePlants.org decal. |
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| Rain Barrels for Cape Cod
Order online from Upcycle Products $99 each includes FedEx shipping to your door
APCC receives a portion of the proceeds.
For more information, click here. |
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| APCC Enewsletters. Our weekly newsletters are now archived on our website and easily shared. You can find past newsletters and share with your friends to sign up for future enewsletters HERE.
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Are you thinking of going solar? We hope so! In partnership with SUNPOWER BY E2 SOLAR in Dennis, APCC receives $500 for every solar installation when APCC is named as referral.
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| Thank you to the homeowners who just contracted to install solar panels through E2 Solar. May the sun always shine for you! |
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Expressions Gallery, 578 Main Street, Chatham
CLICK HERE |
Expressions Gallery donates 20 percent of its profits to APCC's work. |
Steve says about this image, "When seen from above with the help of a drone, the Brewster Flats can often surprise and delight. ’Tidal Tree’ was created as I explored wonderful patterns that I envisioned as a flowing tree, its roots being fed by the waters below." |
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Thank you to our business sponsors |
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