The Land Evidence - Early On

The Land Evidence - Early On

What follows is the meeting minutes of Pend Oreille County Commissioners and their decision to sell public land property for the benefit of HiTest Sands, Inc.

Back in April, 2017 - long before the land sale by the Pend Oreille Utility District (PUD), a public land parcel was transferred to the PUD at tax appraised value. The Commissioners actions are documented in the public record, April 24-25, 2017.

From the Commissioners Meeting, April 24, 2017 Minutes (pdf document - see April 25th)

(15) The Board convened in executive session regarding the potential sale of real estate pursuant to RCW 42.30.11(1)(c) for 30 minutes from 2:25 to 2:55 p.m. Also present were D. Hunt and Planning Consultant Gregg Dohrn. T. Miller joined the meeting at 2:50 p.m K. Skoog requested an additional 30 minutes to 3:25 pm.

(18) Motion was made by M. Manus to pursue a potential agreement with the PUD on the sale of a 14-acre parcel of land south of Newport. Motion was seconded by K. Skoog. Motion carried unanimously.

(19) The Board convened in executive session regarding potential litigation pursuant to RCW 42.30.110(1)(i) from 10 minutes from 3:30 p.m. to 3:40 p.m. Also present was D. Hunt.

 Some things to clarify what happened back in April -

• An executive session is private session (no members of the public permitted). Nobody else was allowed in the room during these discussion, or allowed any input. The Commissioners and Hunt spent an hour discussing how to perform this land sale. For a single, 14 acre parcel.
   
• Section RCW 42.30.11(1)(c) states -
  
  “(c) To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;”
   
• There has never been any “public meeting” regarding the selling of the land sold to the PUD. The Commissioners, led by Manus, agreed to pursue the sale to the PUD without public involvement. The non-involvement continued for MONTHS.

• d) They even discussed the likelihood of future litigation arising from this activity of theirs, as RCW 42.30.110(1)(i) states - 

• (i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.

So, despite the lawful requirements, they went ahead with their plans anyway (months later, having had ample opportunity to conduct a public meeting).

Is the land sale then even legal? That's highly doubtful according to Washington law. It's also clear that they knew early on exactly where HiTest Sands, Inc. was going to propose building the silicon smelter, and even this information was withheld from the public for months.

The Commissioners also knowingly questioned the legality of this land sale as the record demonstrates in April, inquiring specifically into the issue of future litigation.

Then, on 6/20/2017 - the Commissioners went on to publicly claim that the land was "land-locked" when it clearly wasn't (as justification for the sale).

The land was then sold - without public involvement or meeting, to the PUD who then, just six weeks later, turned around and sold this land in a exclusive package deal to HiTest Sands.

Most likely, both agencies are simply hoping there isn't a legal challenge to these shenanigans.

I wonder how much money has been set aside in the County budget to fight off a lawsuit over this?

As previously documented (see 6/20/2017 link above), the PUD also sold the land to HiTest Sands, Inc., without public involvement, participation or a required auction on the bundled land package, so that's twice that the people of Pend Oreille County were deliberately left out of the process. And kept in the dark.

There is clear evidence of malfeasance here by the Commissioners and PUD.

This information needs to go to the Attorney General's Office immediately. There is every appearance here that both land sales were done illegally, in violation of the public trust and their oaths of office, making the site proposed by HiTest Sands, Inc., also illegal.

HiTest needs to go back to the drawing board to find another site for their toxic smelter. The land they "bought" here does not appear to be legally transferred from the public domain into private hands. There is no doubt that if the public had been involved, this would have never happened.

Class 1 Air Quality Protection & Weather Modeling

Class 1 Air Quality Protection & Weather Modeling

The proposed HiTest Sands, Inc., silicon smelter is proposed to be sited within just 34 miles to the Spokane Indian Reservation Class 1 Air Quality protection area.

This map will show the Washington Class 1 Areas.


The actual by-air distance from the proposed smelter site in Newport to the Spokane Indian Reservation is only 34 miles.



The Kalispel Tribe in Usk has applied for Class 1 Air Quality protection, which is under 20 miles away from the proposed site.

There has been speculation and rumor regarding whether or not these Class 1 designations will help prohibit the construction of the silicon smelter in Newport. The answer is no.

Instead, the proposed smelter must be constructed to meet higher emissions standards (which in rural areas, is generally Class II). This is actually good news - on paper. Design of the plant and emissions that are projected to be released must be lower to meet nearby Class I air standards. If the plant is ever built - the higher emissions standards will be better for the community and health of humans and the environment.

Now for the "gotchas" which you may have already detected. The PSD permit will be required by HiTest to meet the higher emission standards (lower emissions by 90% then Class II). HiTest is currently modeling how this might be done. This is the modeling that they will use to demonstrate their ability to meet the higher emission standards.

The problem here is the modeling is supposed to be based upon accurate and valid data - of which none actually exists for this particular location. This poses some problems. So instead of being able to use site specific data sets for this location, they will use Weather Research & Forecasting Models (WRF), which are existing data sets from other areas.

Models are simulations - computer generated simulations. They are not live measurements on site, and are often based upon older or even incomplete data sets. They attempt to project atmospheric conditions and dispersion patterns for what is expected to be really experienced for this particular site and region. But they are not fool-proof or without their known issues.

Modeling data sets are constantly being updated, but this isn't all-inclusive updates for all regions and areas. Climate change, for example, has played havoc upon modeling data sets which were based upon previously expected climatic patterns, seasonal variations and winds. Huge disruptions in the jet stream have caused some data sets to be considered out-of-date and inaccurate. Disruptions in precipitation (rain and snow) along with extended periods of droughts and even an increase in forest fires have "disrupted" modeling data sets for their presumed accuracy.

Unfortunately, this describes the conditions for Newport, which has in fact experienced all of the above effects. This area has seen significant changes occur, with the real "true" seasons of spring, summer, fall and winter shifting away from historical norms. Precipitation rates and amounts have also shifted, with extensive periods of "weather stalling" also occurring.

Model accuracy and issues with current data sets has long been known. This commentary is from several years ago -

The models are inaccurate due to a number of factors - The U.S. Government (NOAA) and educational institutions monitor the accuracy of models - The models are routinely tweaked by NOAA to increase accuracy - The U.S. GFS model is less accurate than the European ECMWF model - NOAA believes it may have found why and is working to change the GFS

Since then, both computing power, data sets and additional research has helped to improve - but not perfect the modeling.

Newport does not have any weather monitoring stations. The closest one is in Deer Park, WA. There are significant difference between the actual weather (wind, rain, snow, inversions, temperatures) found in Newport versus Deer Park. The differences are quite large as anyone who has lived in either location can easily attest to. You can actually "see" the storm clouds over Newport from Spokane. Our weather here is very different then Spokane - or Deer Park.

The earlier Preliminary Air Quality Report performed for Hi Test Sands, Inc. was based upon Deer Park data, and it was demonstrably wrong. Now, Hi Test will be trying to model using the WRF data, but once again, this does not represent local conditions either.

Reliance upon the WRF means that modeling alone will be used as the projected weather and wind patterns and emission dispersion from the silicon smelter. Personally, I do not find this the least bit adequate or sufficient having had a fair bit of experience with how data sets are generated, maintained and updated. A modeling "bias" is introduced during many steps of the process, which can omit, average or reduce valuations in the data set that could have been avoided if there had been actual weather data available.

Another, more current modeling accuracy estimate (May 2016, published Feb. 2017)

The Weather Research and Forecasting (WRF) model was compared with daily surface observations to verify the accuracy of the WRF model in forecasting surface temperature, pressure, precipitation, wind speed, and direction. Daily forecasts for the following two days were produced at nine locations across southern Alberta, Canada. Model output was verified using station observations to determine the differences in forecast accuracy for each season.

Although there were seasonal differences in the WRF model, the summer season forecasts generally had the greatest accuracy, determined by the lowest root mean square errors, whereas the winter season forecasts were the least accurate. The WRF model generally produced skillful forecasts throughout the year although with a smaller diurnal temperature range than observed. The WRF model forecast the prevailing wind direction more accurately than other directions, but it tended to slightly overestimate precipitation amounts. A sensitivity analysis consisting of three microphysics schemes showed relatively minor differences between simulated precipitation as well as 2 m surface temperatures.

Verification of the Weather Research and Forecasting Model when Forecasting Daily Surface Conditions in Southern Alberta

In this case, modeling had better seasonal accuracy (summer), but not winter, and perhaps most important of all - there was actual weather monitoring measurements (real data measurements vs modeled data) to compare against for the accuracy of the model.

Newport does not have this information, and neither do any of the towns that will be affected by air pollution from the smelter.

WRF data sets have latitude, seasonal, and diurnal variations that can lead to fairly significant accuracy issues when (if available), compared to actual, real measurements. Modeling is in effect, just that - a "model" and should not be considered a fully accurate representation of what is happening locally.

The Pend Oreille River Valley is surrounded by mountains that funnel wind and weather precipitation in several directions (north west / east over Oldtown, Priest River, Laclede, Dover to Sandpoint and Sagle). There are also other valleys and towns in the immediate region for consideration of air dispersal of known plant emissions: Hoodoo, Blanchard & Spirit Lake, north up through Usk, Cusick, Ione and Metaline Falls.

To be fair, all of the river valleys and occupied population areas throughout the entire region can act like funnels for pollution, smoke, fog and precipitation. It's not rocket science to grasp what this means: these are the locations where the toxic plant pollution will also bio-accumulate. 

But there are more, dispersed by higher winds which everyone here knows are constantly shifting here. Even Priest Lake, Bead Lake, Marshall Lake, NoName and Sullivan and many other of the thousands of water bodies, streams and creeks which lie in topographical pockets throughout the region will be subjected to accumulating pollutants and contaminants from the plant. These critical water bodies are part of the watershed and riparian environments that make this region what it is. "Modeling" does not represent this topography and features like it should and never will.

Reliance on WRF models versus actual weather monitoring stations can omit local topographical effects and regional patterns affecting weather and air patterns. It can be snowing or raining in the Newport area, but bone dry in Deer Park (closest weather station). The topography here is radically different then Deer Park and has large effect upon localized weather variations and how toxic pollutants will actually be dispersed.

HiTest Sands, Inc. will be relying upon WRF data sets and air quality dispersion models generated. As previously shared, this attempt at air quality permitting is unsuitable for this area and should be rejected by every Washington and Idaho State and County agency, as an accurate measurements on the toxic air pollution and dispersal caused by the silicon smelter plant.

So far, in virtually all of the public documentation, announcements and materials available to the public, HiTest has refused to even mention the actual and known emissions that the plant will produce. That can only be deliberate now. You can only find out about this stuff if you dig into the all the machinations going on behind the scenes - what they don't want you to know about, and what they still won't admit to.

Pend Oreille County Commissioners (and now some in Idaho) are parroting the same blanket denials. This is not accidental, but a deliberate attempt to make it appear that there are no toxic emissions, which isn't even remotely true. This is part of the false narrative they are desperately trying to perpetuate.

There will be significant levels of air pollution that will affect nearby towns and the region. Silicon smelting is still a toxic industry. Thousands of tons of sulfur dioxide, nitrogen oxide, volatile organic compounds and particulate matter too tiny for the human eye to see, will rain down upon the region.  

Every. Single. Day. For Decades. You will wake up to this crap in the morning, and you will go to sleep at night still breathing it in as it works its slow deadly effects on your health, your life and the environment.

Air quality modeling is supposed to measure how these toxins are all going to be "dispersed", and to some degree "predict" where it might come down, but we know the answer well-enough already. The air dispersal of pollutants and the wind, rain, snow and fog in this region means it's coming down everywhere.

The term "dispersed" doesn't meant they've gone away either, it means that these toxins have been "spread out". They are still there - they're just now found everywhere.

None of these gasses and particulates are safe, and the only way to prevent long-term harm is to simply not emit them in the first place.

Lacking an actual weather monitoring station and accurate data sets means that this is all just guesswork for this particular region. This has some people seriously alarmed because without accurate data and without the public acknowledgement of actual emissions, the long-term health effects to human health and environmental health remain shrouded in deceit and inadmission and misrepresentation. This is exactly what happened in Burnsville, MS too, and the air modeling used for their permitting to this date remains suspect. But the plant was built anyway.

For some "mysterious" reasons, our public officials have gone on pretending that a smelter sited immediately above a densely populated town, right next to a watershed and major interstate river environment, will "not pollute". This denial absolutely boggles the mind of any clear thinking person. In effect, they are simply ignoring the real issue which is the future survival of this town and community, which has already had to struggle with other pollution sources for years.

We don't need more industrialized pollutant sources here - certainly none that will layer thousands of tons down every year over the forests, water and inhabited areas, and enter into our homes, schools and businesses.

What they are proposing for our region is simply insane - an industrial polluting source right over the town, in exchange for "promised" commercial receipts and a handful of jobs. But is that the real story here? Or is the sacrificing of this town and the region covering something else?

I've now come to learn that the official narrative is just the tip of the iceberg on what is actually going on here. The real story here hasn't been told.

There are people out there who know more - you are encouraged to make contact. Help us by helping where you can. Let's get the real story out on what is actually happening here.

Who is HiTest? The Men Behind the Name

Who is HiTest? The Men Behind the Name

HiTest is a company that has seemingly appeared from thin air. Anyone who has navigated to their website will note that it consists of just a single page containing some rudimentary contact information. There is literally nothing published on their website about the company itself, nor its employees. Outside of the lone statement "Responsibly supplying Hi-quality silica" and a large photo of a mine, it couldn't be more vague if they tried (which clearly, they have).

Turning to Google then, one can do some digging and turn up a few facts regarding some of the key individuals who are involved with HiTest Sands:

• James (AKA Jim) May, Founder and Chief Operating Officer
• Jason Tymko, President
• John Carlson, Co Founder and Vice President 

---

Jason Tymko

Thus far, Tymko has largely been the public face of HiTest, and has been personally involved in several meetings with local county commisioners and other officials. There is this to say about his background:

"Prior to forming J2 Capital Corp. in September 2008, Jason Tymko was a spirited entrepreneur. In 2000, he was named by the National Post as one of Canada's top 25 "Up and Comers" for his work in Menex Technologies, a company he founded which was devoted to building artificial intelligence to optimize gas well production and monitoring services. Other accomplishments include co-founding Galahad & Associates Inc., a company focused on automating business processes and designing and building internet enabled computer networks, where he acted as Director of Operations from 1993-1996. Jason is also involved at the Director/Partner level of Pink Army and Ideal Contract Services, as well is a director/partner of Nickel Financial, a company designed to bring together First Nations bands to create a united front to lobby the Provincial Government to grant new gaming licenses to First Nations, and are the owners of the gaming licenses of River Cree Resort (Enoch) and Eagle River Resort (Alexis/Whitecourt). Jason is a music enthusiast and enjoys spending as much time as possible with his wife and daughter."

Source: http://www.shareedmonton.ca/events/2011/11/21/emerging-business-leaders-november-meeting

According to Jayson Tymko's LinkdIn profile, he is also listed as Director of Operations at Zedi Solutions Inc.. Oddly, there is no mention of HiTest on there or any other employment history.
Zedi is a rather large company with thousands of assets and a prolific customer base:

"Zedi Inc. (Zedi) is an Oil and Gas service provider. Zedi is specialized in providing production operations management. It delivers systems and services to Oil and Gas producers for better management of people, assets and information. Zedi has around 300 upstream, midstream and oilfield services customers. Majority of the customers to the company are from Western Canada. It monitors 36,000 sites and manages around 200,000 assets. The company is headquartered at Calgary in Alberta, Canada. Zedi provides its services and solutions through four lines of business Zedi Surveillance, Zedi Optimization, Zedi Production Applications, Zedi Field Operations."

Source: http://www.marketreportchina.com/report/content/3539/200907/143260.html

Among many of their multi-million dollar acquisitions is the purchase of Menex Technologies for $6.16 million.

Tymko has a long history of being a director / partner of many companies, including partnering on one commercial failure, the Pink Army Cooperative, which was a crowdfunded company with the lofty idea of producing individually tailored cancer therapies; "3D-printed" viral engineering, if you will. Now, if that had taken off, that would have been great, but instead, we're now all wondering why Tymko is involved with a cancer-causing silicon plant.

You can, in fact, find Tymko's name attached to many entities, including:

• J2 Capital Corp.
• Zedi Inc.
• Nickel Financial 
• Galahad & Associates Inc.
• Ideal Contract Services
• Alberta Centre for Advanced Microsystems and Nanotechnology Products
• Pink Army Cooperative
• Menex Technologies

Some of these entities have seemingly come and gone, some have connections to one another (as is the case with Menex and Zedi), and others may merely be shells-within-shells.

---

John Carlson

Similar to Tymko, Carlson shares some of the same history (emphasis mine):

"John Carlson completed his education at Point Loma College, San Diego, California in Business Communication. He was inducted into the President's Club at National Bank where he worked as an Investment advisor from 1999-2007 and was a Sr. Investment Advisor at Canaccord Capital Corp. from 2008-2009 before starting J2 Capital Corp in September 2008. John is also co-founder and still involved with VERDEX Energy Solutions, a company focused on developing turn-key solutions for oil & gas generation, as well as Pink Army, a member owned, open source bio technology firm focused on drug development for breast cancer. John is involved at the Director level of Rotating Energy Services, a company focused on natural gas compression, as well as Ideal Contract Services, a 300 employee drywall/painting subcontracting company. When John is not busy at work he enjoys spending time with his wife and son at their lake cottage"

Source: http://www.shareedmonton.ca/events/2011/11/21/emerging-business-leaders-november-meeting

 Verdex Energy Solutions is a Philippines based  "Solar energy service". 

---

James B. May (AKA Jim May)

James May (not to be confused with the James May of BBC fame) has been very prolific in the silicon industry, with nearly 30 years of investment into it - a few of these companies were also founded by him:

• HiTest Sand Inc. - Founder / Chief Operating Officer
• Gerson-Lehman Group - Top 2% Consultant
• Midland Silicon Company LLC - Chairman / CEO
• May Global Business Group Inc. - Chairman / CEO
• Lumen Solar LLC - Co-Founder / Subsidiary of May Global Business Group
• The Silicon Solutions Joint Venture LLC - President / CEO
• Dow Corning - Global Silicon Product Line Director
• Dow Corning Silicon Energy Systems Inc. - President / CEO
• May Engineering 
• Foote Mineral Company - Plant Manager

Going further back, May Engineering is a third generation family-owned company founded in 1948 by Milton May.

Lumen Solar LLC has an informative section on Jim May:

"In 1998, Jim May founded Midland Silicon Company LLC and in 2007 created May Global Business Group as a parent company to the two subsidiaries. May Engineering provides consulting and market research on the global solar and silicon industries; Midland Silicon sells metallurgical and poly-silicon products, and May Global handles international solar sourcing and product development. The annual sales of May Global and its subsidiaries exceeds $30 million, with over 100,000 tons of silicon metal products sold to date."

Source: https://lumensolar.wordpress.com/about/

See also: https://www.scribd.com/document/183569579/President-CEO-Metals-Chemicals-in-USA-Resume-James-May

You will no doubt by now have noted that Jim May has an extensive history of working with China - over 16+ years - and is himself fluent in Chinese. In fact:

"Midland Silicon Company LLC and Midland Silicon Shanghai Trading Company Ltd (Collectively "MSC") are part of Silex Group, a wholly-owned subsidiary of Contel Corporation, a Singapore listed (SGX) company. MSC was formed in 1998 by James May. Its purpose is to supply high quality silicon and manganese based metal produced in China to customers around the world. MSC has become a leading global supplier of critical feed-stocks to the steel, solar energy, aluminum and silicones industries."

Source: http://www.mscsilicon.com/

The Silex Group has Jim May listed as President:

"Silex Group Limited distributes silicon metal, solar grade silica, and other products. The company is based in British Virgin Islands. As of December 12, 2014, Silex Group Limited operates as a subsidiary of May Global Business Group Inc."

Source: http://www.mscsilicon.com/
And: https://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=146300447

Of interesting note, the Silex Group is based in the British Virgin Islands, which is a well established (if not infamous) tax haven for business. Some of the many benefits of hosting a company in the Virgin Islands are:

• 0% corporate tax
• 0% capital gains tax
• 0% profit tax
• 0% gift tax
• 0% sales tax / Value Added Tax
• 0% inheritance tax
• No stamp duty except for land transactions in the British Virgin Islands itself
• No restrictions on doing business anywhere in the world
• Ability to transfer and repatriate money without fees
• No currency exchange fees or limitations
• No need to publicise company directors, officers, owners or shareholders
  
  Source: https://www.wis-international.com/british-virgin-islands-tax-haven.html

Midland Silicon was part of a 2012 acquisition by the Contel Corporation, a company that has seemingly no relation to the Silicon industry:

Source: http://repository.shareinvestor.com/rpt_view.pl/id/82450db5adc7e20f1c5e93302e4068369bf2b9a754b8972886369129548cb4c7/type/si_news

"Contel Corporation Limited is engaged in the manufacture and sale of digital media products. The company was incorporated in Bermuda in March 2005 under the name Contel Digital Entertainment Limited. It has its headquarters located in Shenzhen Province, People’s Republic of China. It has branch offices in the United States, Europe, Japan, Singapore and other parts of Asia undertaking marketing, sales and after sales services to customers.

Contel designs and manufactures its products for consumer electronics companies in the United States, Europe and Japan. It distributes its products through major retailers, such as Wal-Mart, Carrefour and Circuit City. Its products include Net-DVD player, iBox, DVD recordable player, walking cinema, HD-DVD player, digital DVD home theater, and personal media player."

Source: http://listofcompanies.co.in/2011/12/28/contel-corporation-limited/

And much like the British Virgin Islands, Bermuda has often been listed as among the worlds "worst corporate tax havens" by NGO Oxfam.

Digging further, one finds that Contel had changed its name to the "W Corporation Limited" in 2013. In August of 2014, the W Corporation Limited was acquired by the Yuuzoo Corporation in a reverse merger transaction.

Source: https://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=24247322

Yuuzoo has seemingly little relevance to the Silicon industry as well:

"YuuZoo Corporation Limited, an investment holding company, engages in social networking, e-commerce, payments, and gaming businesses in Singapore and internationally. It operates through two segments, Network Development and Franchise Sales; and E-Commerce. The Network Development and Franchise Sales segment is primarily involved in building mobile-optimized device agnostic that targets social e-commerce networks for businesses and consumers. This segment also sells franchise and marketing rights. The E-Commerce segment provides a range of services for online mobile transactions, including payment processing, advertising, mobile social games, and other online transactions. The company also offers YuuPay, a payment solution for online merchants or retailers; and YuuWallet, an electronic wallet. In addition, it provides data processing, hosting, and related services, as well as network development services; and advertising, and business and management consultancy services. YuuZoo Corporation Limited is headquartered in Singapore."

Source: https://www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=45239767  

What is not presently known, is how much involvement Jim May has with some of these companies. Per his LinkedIn profile, he is still listed as "Presently Employed" (at high level positions, no less) with Midland Silicon Company LLC, May Global Business Group, and of course, HiTest Sands.

But if there is any key takeaway from any of these often byzantine connections, it is this: if you account for all the companies and individuals thus far reported on, there are literally millions of dollars involved - if not potentially billions.

There are undoubtedly additional players and persons unknown who are involved in HiTest. One must also consider whether any of these companies or individuals may have engaged in campaign contributions or have been funding pro-industry advocacy groups - all of which are questions that beget further investigation.

Somehow, seemingly "out of the blue" a new company called HiTest Sands, Inc. was created just a few years ago, with what appears to be the sole purpose of exploiting the Horse Creek Mine for silica sand, all which requires a silicon smelter to located "somewhere" (else, since Golden, B.C. rejected it). This monstrosity has now landed here, at least for the moment, causing a massive lasting disruption throughout the entire region.

But who are these people? What is their specific interest in this plant, this location, the potential profits to be made from silicon smelting, and their connections to REC smelter in Moses Lake?

What is their financial stability on a multi-million dollar plant proposal? Who are their investors? What happens if they pull out or somehow fail to complete their project here? What would that do to our town? This review is but the tip of the iceberg. There are numerous, unanswered questions that need further investigation.

What is important for the city of Newport, Pend Oreille County and Washington State to remember is - exactly who are the people that are trying to foist this smelter upon this community? What do they represent? There are clear connections to multi-national corporations, big business and huge sums of money. They've been extremely closed lip and not forthcoming about their proposed project, which has been a huge public relations disaster and with good cause - this community knows almost nothing about this new company or what they really intend to do. It's high time to turn the spotlight on them.

How is it that our elected representatives have even gotten this far without understanding and knowing who they are getting in bed with? They've professed near-total ignorance about HiTest and the players involved.  We really do not have any sound reasons to trust them at this point in time, especially considering all the information we have uncovered so far that absolutely refutes their claims and assurances that our community, our health, our well-being and the environment will be safe from the effects of silicon smelting.

It appears to a great many of us that they are simply interested in raking in profits and have virtually no stake, no interest and no real concerns at all for what happens to this community. If this is all true - how can this be good for any of us in this corner of the world? Are we about to be wiped out by more industrialists?

Our community is about to be devastated by a nuclear blast and it would be good for us all to really know who this "neighbor" is that keeps trying to come here and what they really represent.

Anti-smelter Movement Disappointed with Election Results and the Official Narrative

Anti-smelter Movement Disappointed with Election Results and the Official Narrative

Massive disappointments for the anti-smelter movement. None of the current crop of useless public officials that rule over our community were removed from office in yesterday’s elections. We are still stuck with the same ignorant, complicit morons as before.

Personally, I am not particularly surprised. The fledgling anti-smelter movement in Pend Oreille County has had little time to organize and resist before the November election (just a few weeks in actuality).

This doesn’t change anything. We did not have any competent, capable politicians on our side before - and we don’t now. The playing field remains the same as before. But we are stronger than ever, there are thousands of people now who are aware of the silicon smelter that weren’t previously aware, we are getting stronger.

The Newport Miner has once again, betrayed their readership and reported only what they want readers to read. This too is as before, the paper is unlikely to ever change its presentation of biased reporting and siding with toxic development for the town.

But we do learn that the Commissioners, HiTest Sands Inc., and State government officials in both Washington and Idaho are pretty angry that citizens have dared to have the gall to organize and resist the smelter. How dare they defy us?

Idiots. We're just getting started. What they're really revealing is fear. Fear that their complicity and collusion with a foreign corporation will be brought to trial. If there is going to be prosecution, it will be because we have uncovered evidence of wrong doing.

This is not hyperbole. It's already clear that there have been underhanded dealings with HiTest Sands, Inc., the land purchase, grant money, the claimed "net environmental benefit", contractors, secret meetings, bogus job creations, community involvement and the push-back against any community resistance to a toxic industry. Many people are working to expose what has transpired to date. Whether this comes out in court remains to be seen, but what is clear to us at this stage is there has been a clear pattern of intent to deliberately deceive the public.

Proponents of the smelter continue to allege that they can't find any information regarding health issues or emission problems or how this might harm the environment. This admission has now been published in the local paper and admitted to in person. This is a stunning admission that reveals either gross ignorance, incompetence or disinterest in the topic. The CANSS group has brought up these issues on their website, public meetings and publications. This blog has linked to numerous documents, studies and issues related to emissions, complaints and known health effects from silicon smelters. But proponents, including Commissioners in Washington and Idaho continue to pretend that they "can't find any evidence" which is quite ridiculous.

Most likely, they are the front-men and woman who are taking all of the heat and blame for the communities displeasure, and have been told to keep professing public ignorance over these issues. It's simply safer that way for all concerned. It prevents them from having to investigate, from having to admit to real concerns and real issues regarding health and the environment, and it deflects culpability and blame away from them and the offices they currently hold. But this does not mean that our concerns are not real, it only means that they have once again, not done their jobs.

They have created a "straw man" argument, which is a technique used to deflect and dissuade further discussions and to place the responsibility upon the public to "provide the evidence". Seriously? I always thought it worked the other way around - that elected officials were supposed to protect the public they were elected to represent. But they've admitted to not doing that, using the argument that they haven't done the actual research. So where is their argument actually coming from that a silicon smelter is "safe" for the community? This is the question that everybody should be asking. They've claimed they do not know the details of the proposed smelter design - and yet they also claim that it will be "safe"? How in the hell could they know that?

It is no leap in logic to realize that they are simply parroting what they've been told, most likely by HiTest Sands executives themselves (remember all those secret meetings?). If they really don't have any understanding of the design, measures, mitigation, scrubbers, baggers, filters and stacks going into the plant - then they could not possibly know if it is "safe" for the community or not. But they have consistently publicly claimed to have this knowledge.

My own research into the "closed-loop" system reveals that this is actually a misrepresentation of terms and technology. The latest designs are actually not fully closed-loop, they do not eliminate all emissions, they do in fact emit sulfur dioxide, nitrogen oxide and volatile organic compounds, these gasses and particulate emissions HAVE been documented on this blog for everyone to read.

Moreover, these are the very gasses and emissions that DO cause harm to humans, wildlife and the environment. Even the Preliminary Air Quality Report rejected as honest or accurate by the Kalispel Tribe review reveals that there will be many tons (thousands) of these gasses emitted into the environment. This is another report that they have refused to read (or claimed to).

For these Commissioners to continue to claim that this is "harmless" or "safe" and that we are lying about these issues is beyond absurd. HiTest Sands, Inc. ADMITS to these gasses in their preliminary study and we know that there will be MORE if all four proposed sub-arc furnaces are operational.
What we have here is a smear campaign against the people of this community that are really concerned about their health, the environment and the future of this town.

It's called "push-back" and like the good little parrots that they are, they're starting to push back. They do not want us to inform YOU, nor do they want any kind of resistance to this toxic project. They're angry and they're upset because they've been called out as being deceptive, dishonest, secretive and working with a foreign corporation to bring in a toxic industry and industrialize this town. Their job now (and the job of the other pro-smelter people, including HiTest) will be to divide this community and the resistance movements by interjecting false claims, distracting statements and arguments and seeding doubt. They've already got the ear of the Newport Miner. They will also work to infiltrate every group that is forming to gain first-hand knowledge of what the resistance is working on.

It is absolutely stunning that these officials continue to play the "I don't know card" and then turn around and claim that they do know - but won't admit to anything.

It is clear to anyone who has been involved that this is just another Three Card Monty game being played out here. We've been focusing on our Commissioners, Shelly Short and Shirley Sands as the "face of the opposition" (which they are), but there are many, many other players who are playing THEM. These people aren't too bright; they are not well-informed and they're not willing to inform themselves or read any of the research. One Idaho Commissioner (Oldtown) claimed he "checked the Web" and couldn't find anything! A basic primer in online research is probably a prerequisite for anyone holding a public office.

Why aren't these public officials actually working to protect us? How can they be so blindly ignorant of the toxic effects of smelting operations and industry? Is this just ignorance or incompetence? What part of "smelter" do they not comprehend? How can they claim "safe" when there are documented emissions that affect human and environmental health? Are we supposed to believe that they are just dumb pawns in this game that go up all the way to the Washington Governor?

An example of collusion exists of officials with the Mississippi Silicon plant. Pay special attention to the "jobs" offer here - we've all heard about the promised "jobs" benefits, but what you have not heard is it is supposed to be 200 full-time jobs within five years (required stipulation for HiTest).

They've not even been honest about that either, or how few local people will actually be hired. Like Burnsville, MS officials here are only interested in keeping the project moving forward. Our officials have literally bent over backwards to ensure this happens (its recording in their letters and minutes).

We have every reason to distrust "the process", the people involved, the official narrative, the evidence of collusion, the numerous but unproven claims of "safety", the alleged "benefits" to the town and large community, the secretive meetings with HiTest, the handling of meetings, schedules and speakers, the expenditure of public funds and grants, the out-of-area contractor that has been hired, the dubious and highly questionable land purchase, the violation of zoning, legislative decrees, County plan, the use of water and sources, the known emissions and their effects upon humans and the environment, the catastrophic failure of real public involvement (meaningful involvement - not the bogus "file your complaints" that just get chronically ignored) and on and on. They're pissed off at us because we dared to question any of this.

None of the anti-smelter people agree that any of this is being done in our best interests. We live here - and we wanted to stay here, but they have now caused the disruption of thousands of lives in our communities over this project. We do not think it is safe. More homes are already going up on the market. They don't seem to even care about what disruptions, anger and despair they've created. Their actions are unconscionable.

But we're just getting started. Seriously, there is a lot of work to be done here. Their narrative is not true and their goal now is to gain the audience wherever they can. Read the published information that they have refused to consider - get informed. The "process" will proceed as I've already explained, but the concerns and issues we have raised, the violation of the public trust and well-being have NOT been addressed.

Silicon Smelting Air Quality Permitting and Measurement Issues

Silicon Smelting Air Quality Permitting and Measurement Issues

Title V of the federal Clean Air Act requires states to develop and implement an air operating permit program in accordance with 40 CFR Part 70 for facilities that are the largest sources of air pollution.

These operating permits are often referred to as Air Operating Permits (AOPs), Title V Permits, or Part 70 Permits. They combine into one document requirements for operations, procedures, applicable regulations, emissions standards, monitoring, record keeping, and reporting. The purpose of the air operating permit is to make it easier to comply with and enforce air pollution laws.

Washington’s (Air) Operating Permit Regulation is in Chapter 173-401 Washington Administrative Code (WAC). The regulation requires a facility to have an air operating permit if it has the potential to emit any of the following:

•  more than 100 tons per year of any pollutant, such as nitrogen oxides (NOx), volatile organic compounds (VOCs), carbon monoxide (CO), sulfur dioxide (SO2), and particulate matter (PM). Lower thresholds may apply in nonattainment areas;
• more than 10 tons per year of any hazardous air pollutant (HAP), as listed in subsection 112(b) of the federal Clean Air Act; or
• more than 25 tons per year of a combination of any HAPs.

A facility may also be required to have an air operating permit if it is subject to certain federal air quality requirements, including:

Title IV Acid Rain Program;
New Source Performance Standards (NSPS); or
National Emission Standard for Hazardous Air Pollutants (NESHAP).

Title V Permit is required for any “major emitting source”, which the HiTest Sands, Inc., silicon smelter plant in Newport will certainly be. Emissions admitted to so far (but certainly not all - we know there are many, many more) are in the thousands of tons.

Most likely, HiTest will apply for the PTE exemption (Potential To Emit), which changes the status from a “major source” of emissions to a “minor source” by a simple play of words.

A facility that avoids the Title V program by accepting a potential to emit limit on the amount of air pollution it may release is referred to as a “synthetic minor” [source]. It is referred to by this name because instead of being a “major source” subject to Title V, the Permitting Authority’s regulatory action has turned it into a “minor source.”

This is nothing more then double-speak, deliberately taking the real meaning and emissions from a major pollution source and claiming it is less then it actually is, but the permit process is designed this way. The process is in fact, designed to give approval to major pollution emitters. 

Unbeknown to the public which is repeatedly told to simply “trust the process”, the air quality permit process is plagued with significant loopholes that can easily allow major polluting emitters to be authorized (that’s how they get built). This is why blind trust in the process is the same thing as doing nothing, or giving your approval for a toxic industry to destroy your town.

The PTE is easily obtained by the simple trick of claiming lower hours of operation (and thus alleged lower emissions) and by other means to claim “reduced emissions” (on paper). Voila! Your toxic industry is now only a "minor source" of emissions!

Facilities that obtain the PTE to avoid Title V program, the limit must be practically enforceable, meaning that it must be possible to know in a timely manner whether the facility is actually complying with the limit, which often doesn't happen.

The US EPA has already required that a limit be federally enforceable in order to avoid the Title V program, the public and the US EPA must be able to enforce the limit in court.

a. what the actual limit is,
b. how the limit relates to the amount of pollution being released (e.g. if the limit is on the amount of fuel used each day, how does that relate to the amount of sulfur dioxide released by the facility?)
c. how the facility shows that it is complying with the limit;
d. when and how often the facility is required to measure compliance with the limit; and
e. when and in what form the facility reports the results of any monitoring to the Permitting Authority. This is important because once reports are given to the Permitting Authority, they must be made available to the public. You may have trouble getting records that have not been submitted to the Permitting Authority. 

A facility can include permit conditions that will limit or "cap" its emissions to levels below the thresholds of Title V. To appropriately limit potential to emit, all permits must contain a production or operational limitation in addition to the emission limitation.

A production limitation is a restriction on how much of a final product a facility produces. An operational limitation is a restriction on how many hours a facility operates or how much raw material a facility uses. Restrictions on production or operation that will limit potential to emit include limitations on quantities of raw materials consumed, fuel combusted, hours of operation, or conditions that specify that the source must install and maintain controls that reduce emissions to a specified emission rate or to a specified efficiency level.

Yet despite these papered claims, without constant status reports based upon actual measurements taken daily or even hourly, what the paperworks says - and what the plant admits to are not always the same. Many industries will dump elevated emissions at night when they cannot be seen, but their effects (and smell) remain and can be reported by residents. It is up to the regulatory agencies - and a concerned public to demand enforcement.

It is important to remember that the permit process has been designed to grant permit approvals. This all happens before construction, and before plant operation. What this means for the region is when the permit is granted, it will be too late to stop the construction of the plant.

This is what the Commissioners, Greg Dohrn, Senator Short and every other complicit agency, public employee and supporter of the silicon smelter want. They have all told the public that they are “waiting on the permit process” and we should too, which is in effect, the same thing as telling the public "don’t resist this project". 

1. If the plant requires an air quality permit (which it clearly does), then this means they are aware of air quality issues, emissions and pollutants. Pretending they aren’t aware only means they are being deliberately deceptive.

2. If the air quality permit process approves the permit, then this means they are also in agreement with the air quality issues, emissions and pollutants that will be emitted - and cannot claim no knowledge later on. This right here is grounds for future lawsuits.

3.     The air quality permit does not in any way, protect the public, workers or employees from possible harm. It is simply a paper chase, required by law, a process designed to grant approval (dot the i's and cross the t's and you're good to go).

 Asking the public to “wait on the permit” is not in any way any kind of objection, concern, resistance or refusal of the silicon smelter, it is in fact a tacit admission that the silicon smelter will pollute the area and will be built. Once the permit is issued, public commentary or input is going to be useless.  With that permit in hand, they're going to steamroll ahead right over this entire community.

The complicity, denial, claimed ignorance and disinterest by our elected officials is a gross dereliction of duty. The public which they were hired to serve is not being informed at all about the pollutants and HAP that will be emitted, or the effects upon the air, water, soil, health, forests and wildlife. Nor have they admitted to the environmental degradation and problems this is going to cause with the region’s forests, tree mortality and the resulting forest fires.

A few more things you should know:
 
What are Hazardous Air Pollutants?

Hazardous air pollutants, also known as toxic air pollutants or air toxics, are those pollutants that are known or suspected to cause cancer or other serious health effects, such as reproductive effects or birth defects, or adverse environmental effects. EPA is working with state, local, and tribal governments to reduce air emissions of 187 toxic air pollutants to the environment.

Link to list of 187 toxic air pollutants

Hazardous Air Pollutants (HAPs). The Clean Air Act regulates 188 hazardous air pollutants. Hazardous air pollutants are toxic in small quantities. Health problems related to hazardous air pollutants include cancer, respiratory irritation, nervous system problems, and birth defects.

Sulfur dioxide is a known emission from silicon smelters and has a pungent unpleasant odor, and can mix with nitrogen oxide to form acid rain, causing serious harm to forests and plants (deforestation). Thousands of tons of sulfur dioxide will be released into the environment, along with nitrogen oxide, which will make for acid rain, degrading our forests and polluting the air.

Sulfur dioxide (SO2). SO2 reacts with oxides of nitrogen (NOx) and other substances in the air to form acid rain. Acid rain damages forests, makes lakes and streams unsuitable for most types of fish, and damages buildings, monuments, and cars. Also, high concentrations of SO2 can cause breathing problems for people with asthma. Symptoms include wheezing, chest tightness, and shortness of breath. SO2 emissions are transformed in the atmosphere into acidic particles. Long-term exposures to high concentrations of SO2, in combination with high levels of particulate matter (discussed below), may lead to respiratory illness, weakening of the lungs' defenses, and aggravation of existing cardiovascular disease. People with cardiovascular disease or chronic lung disease, as well as children and the elderly, are most likely to suffer from health problems linked to elevated SO2 levels.

Particulate Matter (PM)

PM essentially consists of small particles of soot, wood smoke, and other compounds in solid or liquid droplet form. PM can cause respiratory problems, as well as damage to lung tissue and premature death. PM can cause or worsen respiratory diseases and aggravate heart disease. PM reduces visibility, an issue that is of particular concern at national parks and other scenic areas.

Carbon Monoxide (CO)

The main source of CO is automobile emissions, but CO is also released by woodstoves and by industrial sources such as boilers and waste incinerators. The health effects related to CO include visual impairment, reduced work capacity, reduced coordination, poor learning ability, and difficulty in performing complex tasks.

Volatile emissions (VOC) from silicon smelting contain 200 different chemical compounds, many which are toxic, hazardous, carcinogenic and deadly (and unmeasured). These compounds can be found within the plant and in the air emissions released by the plant.

VOCs combine with oxides of nitrogen (NOx) in the presence of heat and sunlight to form ground-level ozone. Ground-level ozone damages lung tissue and can make it difficult to breathe. Children and people with asthma and other lung diseases are most susceptible to health problems caused by ground level ozone. When ozone levels are high, however, even healthy adults may suffer. In addition, some VOCs are hazardous in small quantities in the absence of any chemical reaction.

Nitrogen Oxides (NOx)

NOx is linked to almost every air pollution problem. NOx emissions result in the formation of ground-level ozone, acid rain, coastal water pollution, and reduced visibility. Because NOx can travel very long distances after being released into the atmosphere, NOx released in one state can cause environmental damage in another state.

The problematic United Silicon plant operating in Iceland was measured for emissions both inside and outside the plant. This is the same problematic silicon smelting plant reported here – “Gasping for Air - UnitedSilicon’s Enduring Problems".

A Research paper was conducted on the United Silicon Plant.

On behalf of Multiconsult ASA, a pilot study of VOC within and around a silicon smelter, United Silicon, has been carried out. The silicon smelter is located at Reykjanesbær in Iceland. 10 Tenax tubes were used as passive samplers and placed in a residential area and close to the silicon smelter, both inside and outside the plant. The samples were taken between 21.05.2017 and 23.06.2017.

This paper reveals the 200 different chemical compounds, but it claims that they “could not identify any compound at concentration levels, which could have effects on the population in surrounding villages.”
 
They found high values of anhydrides in the baghouse, and 1-3-5-Trioxane which (a polymerisation product of formaldehyde), but admit that there are likely higher concentrations of formaldehyde, but they were not covered by the measurement technique used (Anhydrides are acids, irritants to skin, eyes and the respiratory system).

Formaldehyde is listed as a hazardous air pollutant by the EPA.

“Some compounds that could occur in the emissions of a silicon factory, like Formaldehyde and Acetaldehyde or COS,will not be detected by the chosen measurement technique, because of their  high volatility.  Compounds bound to particle  emissions will also not be detected.”

One of the more interesting points is they’ve claimed that -

a) The emissions are safe and will not cause any effects on the local population;
b) Over 200 chemical compounds were found, but few were actually measured from this list;
c) Only 12 measurements were made over a one month period; 

I’m not the only one who identified the failures and claims being made here, there is this assessment too: Inconclusive Report on United Silicon’s Problems

What this reveals is the following:

Inadequate measurements were taken over too short a period; and the measurement techniques were insufficient. But this also reveals that there are a huge range of chemical compounds being produced, which the silicon industry does not care to admit to. They are not being adequately measured, considered, reported or addressed. Anywhere.

Moreover, their claim that there would be “no effects on the population” absolutely fly in the face of the numerous complaints and problems reported.

How serious is the problem? Please be sure to read “Gasping for Air - United Silicon’s Enduring Problems” and what has occurred with a newly built silicon smelter in Iceland.

Plagued with numerous problems and issues, the local residents complained of chemical burns, toxic emissions, respiratory complaints, elevated and extremely dangerous levels of arsenic, and air pollution.

This isn’t just a one-off issue or complaint, an Iceland citizens group was formed years ago to try to stop the smelter from being built. They’ve also documented quite a few issues, complaints, violations and problems with the smelter after it was placed into operation.

There have been over 1,000 registered complaints made against the air pollution and issues caused (Google translation) that clearly shows major issues with air pollution, respiratory, resident complaints and sulfur dioxide issues.

How does this even happen? It happens because industry helped create things like the Clean Air Act (in the United States) and have had a handle on this ever since. Many of the research papers are actually funded by industry, which is akin to asking a wolf to protect the chickens. They know what's for dinner - do you? Baked Ala Newport, and Oldtown, Idaho silica dust on the side!

Lung Function Loss Associated with Occupational Dust

Exposure in Metal Smelting -

Chronic obstructive pulmonary disease (COPD) is caused by chronic  inhalation of toxic  particles and gases can lead to progressive tissue injury via a cascade of inflammatory processes in the lung.

What dust? Silica dust. The same toxic material that HiTest wants to truck into our communities by the millions of tons.

There is a real danger unfolding upon the Newport, Oldtown, Priest River, Sandpoint and surrounding communities that is cause for serious alarm. Fortunately, the Mayor of Sandpoint has written a letter of non-support on the silicon smelter. It's a start, but we need a lot of people now! This should be a top priority in every home and family in this entire area.

If only our untrustworthy officials in Newport would also do the same! So far, all we've seen is a red carpet treatment for a foreign corporation as they conspire and collude to betray the public trust, violate our air, water, soil and quality of life and ask us to just "trust the process" which we already know does not work as we would expect, nor does it actually protect us as it should.

If it did - there would be no complaints, no sickness, no disease, no illness, no shortness of breath, no silicosis, no cancer, nothing but happy people and industry working side by side. But that is a fairy tale and it does not exist anywhere in the world. Smelter operations are TOXIC.

Pend Oreille County & PUD Land Sale to HiTest Sands, Inc. – What you need to know

Pend Oreille County & PUD Land Sale to HiTest Sands, Inc. – What you need to know

A trove of documents has arrived, which reveal numerous inconsistencies, questions, concerns and even more alarms over the entire HiTest Sands, Inc. smelter proposed for Newport, Washington and the machinations that have occurred to date.

It would be impossible for me to deal with all of these issues in a single article, so that simply won’t be done. Rather, it will be easier to break this down by topic and the issues discovered so far. This entry will be about what is known (so far) about the land sale.

The land sale from Pend Oreille County to the Public Utility District (PUD) raises particular concern, as this directly relates to the site selected by HiTest Sand, Inc., and the immediate proximity over a densely populated area, County participation in this private venture for a foreign corporation, expenditure of public funds used for this process, rural development, the price of the land, the switch from “appraised value” to “assessed value” by the Commissioners, its alleged but totally incorrect “land locked” status claimed by the Commissioners, its resale price weeks later to HiTest Sands, Inc., by the PUD, and PUD’s refusal to date to communicate their own negotiations.

There is also just under $14,000 discrepancy on the listed prices of the land sold and the total paid. At this time, we do not know where that money went, what is was for, why this amount was not represented on the real estate contract or what happened.

These are serious issues that will directly affect the entire process, site location, ethics, legal issues and outcome of the proposed smelter.

Beginning with Pend Oreille County Resolution 2017-22 dated 6/20/2017, the County Commissioners Manus, Skoog (Kiss was absent) signed this document testifying to its accuracy and claims.

In this document, the County stated that the parcel of land, known as Parcel No. 19182 was was “land locked”. A County plat map shows that the State Line Road borders this parcel along the entire eastern border. This is the long edge of a narrow, rectangular 14 acre parcel and it is not land locked at all, access is by State Line Road and you can drive right to it right now.

D. “The Board of County Commissioners finds it is not practical to build on property identified as Assessor’s Parcel No. 19182 as it is land-locked with no road access”

This is outright dishonesty and misrepresentation to deliberately justify the land sale to the PUD, which just happens to be the site selected by HiTest Sands, Inc.

Moreover, the County Commissioners also claimed that the property could be sold “without a call for bids, under certain circumstances”, citing RCW36.25.150, which reads:

(a) When the sale is to any governmental agency and for public purposes; (b) when the county legislative authority determines that it is not practical to build on the property due to the physical characteristics of the property or legal restrictions on construction activities on the property; (c) when the property has an assessed value of less than five hundred dollars and the property is sold to an adjoining landowner; or (d) when no acceptable bids were received at the attempted public auction of the property, if the sale is made within twelve months from the date of the attempted public auction.

The PUD did not acquire the land for any public purposes; nor were there any public auctions conducted to my knowledge.

Resolution 2017-22 specifies that the land will be sold by direct negotiation with the PUD at a “minimum price equal to the total appraised value”. That didn’t happen either, because 21 days later, via Resolution 2017-26 dated 11/07/2017, which appears to be almost, but not quite, a boilerplate copy of Resolution 2017-22 states that the “minimum price equal to the total assessed value”.

A copy of the tax assessment was obtained, showing an assessed value of $27,660. This was the amount the non-land locked parcel No. 19182 was sold for to the PUD. The appraised value however, is different. It would be higher according to the actual market value (whatever the market on similar land like this really is). I am not aware of any land selling at this incredibly low price - anywhere in the County, yet the County went ahead and sold this parcel at the assessed value in a private negotiation with PUD.

This parcel is also a perfectly usable piece of ground (I’ve been there and seen it) that was not land locked at all, it’s quite buildable for any number of purposes. The PUD in turn, sold this parcel just six weeks later, as part of a package land deal to HiTest Sands, Inc. for $300,000 – all without a public auction required by Washington law. I still don't know yet if there was even any published notice of this possibly illegal land sale.

The County sold the land to the PUD on August 2, 2017 – and it was then resold by the PUD to HiTest Sands, Inc., on 9/18/17. Yeah – that’s seems mighty weird, coincidental and highly suspicious all at the same time.

There is also a serious question regarding the actual selling price of the land parcels by the PUD to HiTest. All four parcels were sold at “assessed value” versus appraised value (market value) and their assessed value does not add up to $300,000 Total Selling price shown on the PUD Real Estate Contract. There is a $13,635 discrepancy between assessed values and the Total Selling Price that I’ve not been able to account for. Where did this additional money go? Who received it and why?

A clear pattern of intent was put in motion by elected officials at both the County and PUD. HiTest Sands, Inc., required this parcel for their plans for expansion and development. The Commissioners facilitated that process, signing their names to the Resolutions and endorsing the entire effort. Since they are paid, elected officials, their actions and efforts also constitute unauthorized expenditures from the public treasury. In effect, they spent public money to enable HiTest Sands, Inc., to obtain this land for their silicon smelter.

Are we expected to just believe that this land sale was somehow “accidental” and not at all connected to the HiTest Sands, Inc. smelter proposal? In order for that to be true, you would have to toss out virtually all of their meeting minutes, letters of intent and efforts over the past year plus to directly assist HiTest. These dates of the land sale to the PUD mesh perfectly with Commissioner communications and their efforts to facilitate the HiTest Sands, Inc. process.

There is absolutely no doubt, based upon their own documentation that they knew exactly what they were doing.

Moreover, the PUD also facilitated the sale of the four parcels now in their possession to HiTest Sands, Inc., another public entity that is supposed to be serving the best interest of County residents and businesses. They too engaged in direct negotiations and facilitation of the sale of the land, some which was acquired very cheaply and only weeks before, to HiTest.

Were any of these other three parcels put up for public auction or public sale? That is currently unknown at this time but bears investigation. The RCW code also applies to a public utility -

RCW42.30.010 Legislative declaration.

The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly. 

The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

It’s quite clear that the PUD has not cooperated yet with the public interest, nor has the PUD complied with our rights to know what is going on. This bears serious further investigation. We know that private negotiations have been undertaken by the Commissioners and the PUD directly with HiTest, in direct violation of this statute.

Nobody – not one person in Pend Oreille County has yielded their sovereignty to the State of Washington or Pend Oreille County. All officials, boards, committees and public agencies are obligated by law to keep us all informed.

The use of the land for industrial activity like the HiTest Sands, Inc. smelter also directly contradicts the County land use plan, which specifically designates that the County is zoned residential and cannot be rezoned commercial without a public hearing. That never happened either. The County plan also affords residents a quiet way of life, which an industrial activity such as silicon smelter does not allow.

This rabbit hole goes much deeper. It bears mentioning that the grant money given to the Pend Oreille Economic Development Council (POEDC) stipulates the following terms and conditions:

"Whereas, the Department has the responsibility under RCW 43.330.050(5) to provide financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs, and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents, and"

Nobody in their right mind would list a toxic silicon smelter, that will eject thousands of tons of dangerous emissions into the atmosphere, saturating the soil and affecting water quality, wildlife and humans alike for 97,000 square miles (at least), and situated directly OVER the town of Newport and a high density populated area, as being in the “well-being of communities and their residents”. But it has now been documented that the Commissioners and PUD are actually not interested in abiding by the law and have been trying to pull a fast one over the entire region.

This includes Priest River, Idaho where I have learned that additional secret negotiations have also been underway, hidden away from public involvement and participation. It now certainly looks like there has been extensive groundwork performed using public funds to "grease the skids" throughout this region (multiple towns involved), long before the public was aware or involved by multiple parties, agencies and governments, all on behalf of a foreign corporation.

Even the $300,000 grant by the Washington Department of Commerce to the POEDC is suspect. I will have more to say on both of these issues as separate topics.

Pend Oreille County Commissioners, Senator Shelly Short Refuse Public Involvement

Pend Oreille County Commissioners, Senator Shelly Short Refuse Public Involvement

There is a serious situation unfolding in Pend Oreille County and about to get worse.

Silicon smelter protesters were shut-out (ignored) at the Pend Oreille County Commissioners public meeting. In attendance was Senator Shelly Short, Mike Manus, Karen Skoog and Steve Kiss.

The meeting started late because someone called Short and reported that a large group of protesters had arrived to protest the silicon smelter project she has endorsed. After the meeting started, Commissioner Mike Manus (as usual) left the meeting, scurrying out the back.

Protesters and KXLY news crowded the small meeting room with many protesters waiting outside in the foyer, patiently waiting for the topic of the smelter to be brought up. At the end of the meeting, one of the Commissioners informed the group that the smelter would not be discussed. The room exploded in anger, because once again, the Commissioners have refused public involvement in the decisions to bring the toxic silicon smelter to the town of Newport, Washington.

Shelly Short scurried out of the meeting like a rat and several protesters attempted to speak with her, but she refused. Anger boiled over at this non-representation by an elected official.

Several people confronted the two remaining Commissioners, Steve Kiss and Karen Skoog. I've compiled their commentary as best I can here (thank you to the contributors to this report, I have edited your comments here for inclusion).

Meanwhile, KXLY interviewed several people including Micheal Naylor, Karen Hardy (candidate for Senate to replace Shelly Short) and Axle (someone update me with his last name please).

KXLY aired a tiny, highly edited segment later that night, I got a chance to see it and apparently, it contained almost nothing of the actual interview conducted. Once again, the local media fails the citizens of Newport on an issue of critical importance.

The Newport Miner newspaper has supported the toxic silicon smelter and has steadfastly refused to accurately report the rising anger and resistance rapidly rising in Newport. The Miner was informed in writing about the dangers of smelting operations over a year ago when Usk was the location, and deliberately chose to ignore the story (biased reporting is a Miner specialty and why very few people buy this paper).

Commissioner Kiss reported that only 50% of the people were for or against the smelter (even split), which is patently absurd and a bald faced lie. Even in the deceptive reporting in the Miner, the actual survey results reports less then 25% "support" from uninformed people who admit knowing nothing about it. Virtually 100% of the people who are correctly informed about the silicon smelter are 100% opposed to it (data gathered from door-to-door and the recent CANSS meeting with nearly 300 in attendance), due to its high toxicity, poisonous emissions and long term lasting effects upon the town, the people, our health and the environment. Both the Miner and Kiss are lying to the public and now they're doing it to our faces.

Commissioner Karen Skoog "admitted that the Commissioners have not read anything about the objections to the smelter" and another reported, "they have no idea about the Kalispel Tribe's rejection of the Preliminary Air Quality Report" and its misrepresented data.

It gets worse. Both Commissioners are simply not interested in any public input, apparently now or forever. They are going to simply rely on the "process" of permit approvals and the public involvement and concerns are effectively irrelevant. They will have zero effect upon the outcome.

Neither were reported as having any awareness whatsoever of the serious health concerns, pollutants, emissions or effects caused by silicon smelting operations. The same person reported that "they had no interest in what has happened to other towns with silicon smelting operations".

I find this absolutely unbelievable and shocking to say the least. All three County Commissioners have literally rolled out the red carpet for HiTest Sands, Inc. (a foreign corporation) to setup shop here - and have publicly admitted that they have NO IDEA what this actually means for the poisoning of this town. They are not aware of any health concerns, any pollution issues, any environmental effects and apparently, do not even care enough to find out.

Public involvement and commentary in this project is a total sham. They don't want it, they refuse to entertain our concerns and they expect us to stay quiet about it. Shelly Short has categorically refused to address any of our concerns and needs to be thrown out of office.

I will ask this again - what kind of government are we actually living under here? Shelly Short has helped ramrod this monstrosity through and totally refuses any public involvement. The County Commissioners have created a sham "Executive Committee" by appointing themselves to the positions and their HiTest Project Manager Greg Dohrn!  

The Executive Committee is an absurdity, and is designed to roll over any opposition to this poisonous industry landing here.

This should be illegal, and if it isn't, why not? Public money is being spent to endorse the smelter and pave the way for this toxic monster to industrialize this entire town.

They admitted to no understanding of the risks to the entire community that are being brought up and worst of all, they have no intentions of finding out: "the claim made was they would do nothing about investigating the health concerns or risks or what has happened to other towns". And finally, "the issue of public voting on a project that affects the entire region was brought up, and there was no response to this question except more dancing around the topic".

It's always been clear that the Commissioner have refused to even consider the community and their opinions about the toxic smelter, but now we know that they also have no interest in a public vote on the matter. As already reported here at an event that occurred in Diamond Lake, WA - they don't need or want or input, they're going to decide everything for us.

What in the hell are we paying these people for? What kind of assholes do we have in public office here?

I honestly don't know, but there is a major, growing problem in Newport that needs to be fully investigated by the Washington State Attorney General's Office and the Pend Oreille County Prosecuting Attorney (although I expect little help there).

We are in serious trouble people. I've already explained that the false narrative being promoted about the smelter, and how this includes the point that the review process is designed to grant permission for construction and operation of the plant. At no point will our comments, concerns, objections, property values, health issues be factored in. We are not a part of the process and never will be.

Almost forgot - the topic of property taxes did come up and they told everyone at the meeting that property taxes are going to increase.

So now you get the pleasure and privilege to pay for the smelter to poison your town, ruin your life, make you sick, unhealthy and perhaps die a horrible death.