New Hill

New Hill Community Association Settles Litigation For More Than $500,000 in Community Benefits

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MEDIA ADVISORY
FOR IMMEDIATE RELEASE
Friday, January 28, 2011

New Hill, NC--The New Hill Community Association has settled its litigation against the Western Wake Partners over their decision to site a wastewater treatment facility in their community. Represented for the past two years by the Southern Coalition for Social Justice, the Association received $500,000 to build a community center, a long-held goal of New Hill residents.

"During the course of our efforts, our community has come together as never before with neighbors becoming friends,” said Rev. James Clanton, Pastor of the First Baptist Church New Hill. Rev. Clanton, who serves as New Hill Community Association Secretary and was recently awarded the Florenza Moore Grant Community Environmental Justice Award, continued, “These efforts will help mitigate impacts to our community."

The Partners will also connect the community center to the new wastewater treatment facility free of charge as well as constructing two bus stops for community children as part of the settlement.

The Partners had already agreed to hook up individuals living closest to the facility to water and sewer, improving upon their original plans by clarifying they would handle all expenses and pay directly to water and sewer contractors instead of requiring residents to wait for reimbursements.

SCSJ staff attorney Chris Brook echoed Rev. Clanton’s sentiments saying, “SCSJ was proud to work with NHCA in their quest for environmental justice and know the settlement represents a huge step to realizing the New Hill community’s goals.”

Contact:

Chris Brook, attorney
Southern Coalition for Social Justice
(919) 323-3380 Chris@SouthernCoaltion.org

Paul Barth
President, New Hill Community Association
(919) 539-8736

New Hill Community Association wins Indy Citizen Award

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MEDIA ADVISORY
FOR IMMEDIATE RELEASE
Wednesday, November 24, 2010

Durham, NC- The New Hill Community Association, which is waging a battle against placement of a sewage plant in the center of their historic district by the affluent towns of Cary, Apex and Morrisville, has been awarded the prestigious Indy Citizen Award by the Independent Weekly, a Durham-based Triangle newspaper. The Indy Citizen Award honors “people and groups whose activism has positively impacted their communities, whether it's one neighborhood, a city or several counties."

In accepting the award, NHCA President Paul Barth said, “We are humbled by this recognition and support for our efforts. This has truly been a community effort to protect our predominantly African-American community from becoming a dumping ground for our wealthy neighbors.”

The struggle of the New Hill Community is winning wide recognition for the justness of its cause and for the valor of the residents waging the struggle. Recently Rev. Clanton won the North Carolina Environmental Justice Network’s Florenza Moore Grant Community Award for 2010 for his "faithful work to protect the citizens, community and environment of New Hill."

The New Hill Community Association recently scored a victory when the town of Holly Springs recently withdrew from the Western Wake Partners the conglomerate of towns attempting to cite their sewage plant in New Hill.

On behalf of the New Hill Community Association (NHCA), the Southern Coalition for Social Justice recently filed a Petition for Contested Case Hearing in the state Office of Administrative Hearings to challenge the Western Wake Partners' proposed placement of a sewage treatment plant in the center of the New Hill community. Dozens of New Hill residents also recently participated in a public hearing in Apex, questioning the Western Wake Partner's plan to discharge from the proposed sewage treatment plant into a distressed portion of the Cape Fear River.

Contact:

Chris Brook, attorney
Southern Coalition for Social Justice
(919) 323-3380 Chris@SouthernCoalition.org

Paul Barth
President, New Hill Community Association
(919) 539-8736

Chatham's say-so

Source: 
The News & Observer
Publication Date: 
Monday, November 22, 2010
Abstract: 
Editorial about Chatham County's opposition to the proposed wastewater treatment plant in the New Hill community.

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Cary, along with Apex and Morrisville, wants to run a sewer line through southeastern Chatham County as the link between a planned new wastewater treatment plant and the Cape Fear River. But for some reason, Chatham residents aren't strewing roses in the Wake Countians' path. And without the Chatham Board of Commissioners' approval, the line doesn't get built.

Talk about leverage. For that approval to be forthcoming, Chatham has given Cary a list of demands to be met - including, no more of those pesky cross-border annexations without Chatham's OK. And no Chatham property could be condemned for the sewer line. So, how many millions would the final, essential parcel command?

The treatment plant would be built in the Wake community of New Hill, where residents understandably are opposed. It would fulfill a mandate to keep treated wastewater in the Cape Fear basin, a worthy objective. But this project as now conceived has so many issues, it might be better if it just went down the drain.

Holly Springs breaks up with Western Wake Partners

Source: 
Independent Weekly Triangulator Blog
Publication Date: 
Tuesday, September 28, 2010
Abstract: 
The town of Holly Springs has withdrawn from the Western Wake Partners, a multi-town alliance that is building a controversial sewage treatment plant in New Hill.

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Posted by Rebekah L. Cowell

The town of Holly Springs has withdrawn from the Western Wake Partners, a multi-town alliance that is building a controversial sewage treatment plant in New Hill.

The town officially announced its decision Sept. 23, leaving Cary, Apex and Morrisville as the remaining partners.

But Holly Springs was never a major player in the partnership, and had planned to use only the pipes outside the treatment facility.

“This is pretty much a business decision,” said Holly Springs Mayor Dick Sears, who indicated to the Indy in August that he hoped to withdraw from the contract. “Five years ago, the plant seemed to be the only viable alternative for our town, but we are seeking other options, and those will certainly save more than the $30 to $40 million needed for the New Hill plant hook-up.”

For example, Holly Springs is researching the possibility of releasing more of their effluent—treated wastewater—into Harris Lake.

Sears said the town's decision has nothing to do with the New Hill Community Association's recent filing for a contested case hearing to stop the partners from building the $327 million plant. However, it does appear that now is the best time to get out of the partnership before litigation begins.

Holly Springs will be responsible for a portion of their financial responsibility as detailed in the contract, Sears does not have a figure of what the town will owe the partners at this time.

Sewage Treatment Plant Plan Continues to Raise a Stink

Source: 
Public News Service
Publication Date: 
Sunday, October 3, 2010
Abstract: 

Listen to an interview with SCSJ staff attorney Christopher Brook about how the New Hill community is facing environmental injustice and what they are doing about it.

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Follow the link above to listen to the interview.

NEW HILL, N.C. - Plans are moving ahead for the construction of a $327 million sewage treatment facility in the town of New Hill in Wake County. Opponents aren't giving up the years-long fight against it, though, arguing that New Hill, a community with a large minority and poor population, is being taken advantage of by its more affluent neighbors. The towns of Cary, Apex and Morrisville, united for the project as Western Wake Partners, intend to start construction in early spring.

Christopher Brook, staff attorney for the Southern Coalition for Social Justice, explains that this fight extends beyond New Hill.

"There's a huge historical trend of communities of color and also poor communities being the sites and the hubs for undesirable portions of communities."

Opponents of the sewage treatment plant say its construction will have significant social and environmental effects, because of its location in the heart of New Hill's historic district. Western Wake Partners says they looked at more than 30 sites before selecting the location. A recently-released study by the Army Corp of Engineers found the New Hill site to have environmental impacts comparable to other sites on the list.

Brook points to other sites in the area that would be more acceptable to New Hill residents.

"The community's been very clear that they're fine with the sewage treatment plant being built in their general vicinity, but they would just prefer it be built at one of these alternative sites that's not in the middle of their community."

The sewage treatment plant would also provide sewer services to some residents and businesses in New Hill that are currently using wells and septic tanks.

Stephanie Carroll Carson, Public News Service - NC

Residents file suit against sewage treatment company

Source: 
The Triangle Tribune
Publication Date: 
Tuesday, September 21, 2010
Abstract: 
More coverage on the legal petition New Hill filed against the placement of a sewage treatment plant in the community's backyard.

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By Sommer Brokaw

DURHAM - Residents of New Hill, a small, majority black community, have concerns about noise, smell and possible contamination if a spill occurs from a sewage treatment plant being located in their community. The residents have fought to delay the developers, Western Wake Partners, from building the site in their community for the past five years. And, even though they had alternatives, the developers decided to locate there anyway.
In response, the New Hill Community Association raised money to pay the litigation costs for the Durham-based Southern Coalition for Social Justice to file suit against the company.

Opponents claim the community has already hosted its share of environmental burdens by being located near the Shearon Harris Nuclear Power Plant, and they fear a spill would put their wells at risk for contamination. On behalf of the NHCA, the SCSJ has filed a petition for a contested case hearing in the state Office of Administrative Hearings to challenge Western Wake Partners' proposed placement of a sewage treatment plant in the center of New Hill.

"There are better places to put this plant," said Elaine Joyner, a congregant of First Baptist Church New Hill, in a Sept. 9 media release. "We understand the Partners' need for additional sewage capacity. We simply ask that they do not put the burdens of their growth in the middle of our community next to our churches."

The petition contests the issuance of a 401 Water Quality Certification by the N.C. Department of Environment and Natural Resources, Division of Water Quality. It also highlights deficiencies in the Final Environmental Impact Statement, which the certification relied heavily upon. Furthermore, the petition requests a hearing on thee issues as well as seeks an injunction to prevent site construction until a hearing can be held.

Three main concerns are documented in the petition: Site 14 has larger human and environmental justice impacts than other more suitable alternatives, including land previously condemned by Progress Energy in the same general vicinity. The noise, odor, traffic and light from the sewage treatment plant will impact the community, and, third, Partners prematurely committed nearly $10 million to the site before considering its environmental impact.

"It is David versus Goliath all over again, but we know how that turned out don't we?", the Rev. James Clanton of First Baptist Church New Hill wrote in a media release. "We have been willing to host the Partners' sewage treatment plant so long as it was not in the middle of our community, but the Partners won't meet us halfway. It is unfortunate we have to resort to litigation to have our voices heard.

"We know that we're in a fight that most folks have counted us out of. I think the municipalities to a large degree have counted us out, but we are going to continue to fight just as David fought in the battle and gained victory over Goliath."

To pay litigation costs, the community association recently held a barbecue fundraiser at First Baptist and raised $4,648. Additional litigation support came from a $10,000 grant from the Impact Fund, an organization supporting efforts to achieve economic and social justice.

But not everyone agrees with the decision.

Shelia Morrison, an African-American resident who lives within a half-mile of the site, said she supports site 14. Her family has lived in the area for generations and ran a business called Morrison's Family Care Home for over 35 years.

She said she supports Partners because it will provide water and sewer connections, which is needed to revitalize the African-American business community. "Historically, there were many mom and pop little businesses in this community," she said. "But, now, there is only one little store in operation in New Hill, and there have been times when I could name about four."

Morrison has been criticized as getting paid by the Partners to advocate for them. "I have no financial motive," she said. "We [supporters] have not sought anything for anybody. I want to dispel that."

James Harris, whose family has lived in New Hill for generations and lives close to the site, also supports it. "I'm always for progress," he said. "We didn't stop the nuclear plant, so there's no need in us worrying about the waste plant."

"I know that one of the arguments for site 14 by some of the African-American residents is that it can help revitalize the community. I still haven't been able to accept that as a good trade-off over Western Wake Partners selecting one of the other sites. The residents who attend our church are pretty happy with their part of the community the way it is," Joyner stated in an e-mailed response.

For more information, visit www.scsj.org or www.newhillca.org.

New Hill submits new petition against sewage plant

Source: 
ABC11 Eyewitness News
Publication Date: 
Thursday, September 9, 2010
Abstract: 
Video and article on why the residents of New Hill in Wake County do not want a sewage treatment plant in their neighborhood. The community filed a petition Thursday to stop site construction the plant until a hearing is held.

Click here for video coverage.

RALEIGH (WTVD) -- Noise, odor and traffic are just a few of the reasons why the residents of New Hill in Wake County do not want a sewage treatment plant in their neighborhood.

The community filed a petition Thursday to stop site construction the plant until a hearing is held.

The document, which lists a number of concerns over the negative impact the plant would have on the neighborhood, is the latest development in a battle that's been going on for years.

Over the last five years, New Hill residents have been very vocal about their concerns and reservations.

"We are losing our identity," resident Paul Barth said in 2006 during an interview with ABC11 Eyewitness News. "We're just a holding tank -- a dumping ground. I am going to smell the sewage of four other towns."

The plan is to build a sewage treatment plant in the middle of the community's historic district. The New Hill Community Association, which is headed by Barth, has held rallies, signed petition and taken its battle to a Wake County courtroom.

The association also has unsuccessfully sued the towns of Cary, Holly Springs, Apex and Morrisville, which make up Western Wake Partners.

"We all know that the partners need more capacity, nobody's objecting to that, but what we're saying is, there's a better spot for it," attorney Chris Brook said.

Brook is representing the New Hill Community Association in its latest legal move.

"I think you, at a certain point, need to get a third party involved in a lot of these discussions," Brook, Southern Coalition for Social Justice in Durham, said.

Brook says the group filed Thursday's petition asking an administrative law judge to put the project on hold. The community also wants Western Wake Partners to consider alternate sites that wouldn't have such a negative impact on the New Hill community, especially on African-American and low income families.

"And it's not something that they've been hearing the concerns of the New Hill community, and if they've been hearing them, they haven't been responding to them," Brooks said.

The New Hill community received a $10,000 grant and held a barbecue fundraiser to help cover the costs of litigation.

The community seems prepared to do what it can to keep fighting.

ABC11 Eyewitness News reached out the Western Wake Partners Coalition but did not hear back from the organization.

New Hill Community Association formally contests Western Wake Partners' wastewater plant

Source: 
The Independent Weekly, Triangulator Blog
Publication Date: 
Wednesday, September 8, 2010
Abstract: 
Check out the Indy's blog post on our filing of a Petition for Contested Case Hearing today against the construction of a wastewater treatment plant in the historic and primarily African-American New Hill community.

By Rebekah L. Cowell

The New Hill Community Association (NHCA) and the Southern Coalition for Social Justice filed a Petition for Contested Case Hearing today in an attempt to stop the Western Wake Partners from building a $327 million wastewater treatment plant in the historic and primarily African-American town.

The petition asks that a neutral third-party review the partner's actions, and make a final ruling.

The petition contests the issuance of a clean water permit for the facility by the N.C. Department of Environment and Natural Resources, Division of Water Quality.

It also contends the site “has larger human and environmental justice impacts than other, more suitable alternatives, including land previously condemned by Progress Energy in the same general vicinity. Noise, odor, traffic, and light spill from the sewage treatment plant will impact the New Hill Historic District, including the predominantly African-American First Baptist Church and cemetery. Western Wake Partners reverse-engineered Site 14 by prematurely committing nearly $10 million to the site before considering its human and environmental impacts. This commitment of resources prevented an unbiased consideration of better, alternative sites in the same general vicinity.”

The plant, which was scheduled to begin construction this year, will not be built in Apex or Cary or any of the partners' towns. It will loom across the street from the New Hill First Baptist Church and playground, and a half-mile from the First Baptist Church of New Hill. The plant will sit within 1,000 feet of 23 homes. But who lives in those homes is as important: 87 percent of those approximately 230 residents immediately affected by the sewage treatment plant are African-American, on fixed incomes, elderly or retired.

Rev. James E. Clanton of the First Baptist Church New Hill says it is unfortunate that the community has had to resort to litigation to have its voice heard. “We have been willing to host the partners’ sewage treatment plant so long as it was not in the middle of our community, but the partners won’t meet us halfway.”

Litigation will be expensive, and thus far the community has been able to pay those costs from a $10,000 grant from the Impact Fund, a Berkeley, Calif.-based nonprofit organization that financially assists community groups in the areas of civil rights, environmental justice, and poverty law.

A barbeque fundraiser held by the First Baptist Church of New Hill also raised $4,648.

Potential Wake wastewater plant faces new challenges

Source: 
The News and Observer
Publication Date: 
Wednesday, September 8, 2010
Abstract: 
The Southern Coalition for Social Justice today filed a petition that challenges the placement of a regional wastewater treatment plant in New Hill, an unincorporated community in western Wake County.

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By Ted Richardson and Jordan Cooke - Staff writer

CARY -- The Southern Coalition for Social Justice today filed a petition that challenges the placement of a regional wastewater treatment plant in New Hill, an unincorporated community in western Wake County.

The petition, filed at the state Office of Administrative Hearings on behalf the New Hill Community Association, charges that the N.C. Department of Environment and Natural Resources issued a water quality certificate to the Western Wake Partners based on insufficient information on potential environmental impacts on the community.

The Western Wake Partners is a consortium of four western Wake towns — Cary, Apex, Morrisville and Holly Springs — that are planning the $327 million plant to meet a state mandate that required three of the towns to return treated wastewater to the Cape Fear River Basin. The project also would help the towns deal with growth for the next 20 years.

The Southern Coalition is asking state court administrators for a hearing to contest DENR's certification of the plant in an effort to block construction.

"We have been willing to host the Partners' sewage treatment plant so long as it was not in the middle of our community, but the Partners won't meet us halfway," the Rev. James E. Clanton, pastor of First Baptist Church in New Hill and a leader in the community association, said in a statement. "It is unfortunate we have to resort to litigation to have our voices heard."

Mary Penny Thompson, general counsel for DENR, did not immediately return a message seeking comment.

The New Hill site received final environmental approval from the U.S. Army Corps of Engineers last month. But the Corps' blessing, followed by the state environmental permit, stoked more opposition in the New Hill community.

In its petition, the coalition and community association claim that building the regional plant in New Hill would significantly impact low-income and African-American residents. The petition claims that the treatment facility also would have negative environmental impacts, including exposing residents to sewage sludge, noxious odors, increased noise and light pollution.

Mayor Keith Weatherly of Apex, chairman of the Western Wake Partners Policy Advisory Committee, on Thursday said New Hill residents have had ample opportunity to voice their concerns. He praised the Army Corps for its findings.

"The Corps had a three-year exhaustive study on all the issues that were relevant," he said. "The concerns of the good people of New Hill were taken into account during the public comment sessions, and I think the Corps made the right decision."

The mayor referred additional questions about the lawsuit to the town's attorneys.

New Hill Petition for Contested Case Hearing

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Abstract: 
Read SCSJ's Petition for Contested Case Hearing, filed in the NC Office of Administrative Hearings, to challenge the Western Wake Partners' proposed placement of a sewage treatment plant in the center of the New Hill Community.
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