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State considers removal of illegal Smurfit Stone outfall pipes

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State considers removal of illegal Smurfit Stone outfall pipes


MISSOULA — The state of Montana is looking into removing several illegal outfall pipes that jut from the Smurfit Stone mill site into the Clark Fork River.

On Thursday, Ryan Weiss, deputy Trust Lands administrator for the Montana Department of Natural Resources Conservation, told the Legislative Environmental Quality Council that his department needs to do a more thorough investigation of the outfall pipes emanating from the Smurfit Stone mill site before it knows what action to take.

“We’ve done essentially a qualitative assessment; we don’t know what the pipes look like beneath the ground,” Weiss said. “I don’t know if there’s anything being discharged from the pipes.”

The DNRC has determined that it has the authority over the pipes because several of them protrude into the Clark Fork River below the low-water level. Anything below the low-water level of streams and lakes is considered state property.

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Weiss said his staff couldn’t find any record of the DNRC or its predecessor, the Department of State Lands, giving anyone authorization to install the pipes on state property, so it’s a matter of illegal trespass. There’s also no record of when the pipes were installed, and no one knows if they’re leaking anything.

According to a Dec. 8 memorandum that DNRC staff sent to Weiss, pipes at two and possibly three locations extend into the Clark Fork River below the low-water line. At Outfall 2, a 3-foot-diameter steel pipe angles about 40 feet from the berm into the river at a point above some of the landfills and sludge ponds. Outfall 1 is slightly upstream, but no pipe is obvious there. The memorandum said relic structures could be buried so more investigation is needed.

Farther downstream near the western end of the site, Outfall 3 has six metal pipes hooked to a diffuser. One is a 3-foot-diameter pipe and the rest have a 1-foot diameter. All extend at least 5 feet into the river.

While the pipes should be removed, Weiss said the DNRC is uncertain how to proceed. It could write a letter of authorization approving removal of the pipes by the potentially responsible parties – three landowners responsible for paying for the site cleanup — although Weiss said it was currently unknown which parties are responsible for the pipes.

Because the DNRC doesn’t have regulatory authority, that’s about all it can do outside of filing a lawsuit, Weiss said. So the DNRC has to work with other state agencies that have regulatory authority such as the Department of Environmental Quality.

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Add to that the complications of the Smurfit Stone site being involved in a federal cleanup process.

“We could go the voluntary (cleanup) route or we could look at other legal mechanisms, such as a civil trespass action,” Weiss said. “My concern would be demanding (the pipes) be removed without coordinating with the other agencies to ensure there aren’t inadvertent consequences to water quality or soil disturbance by forcing a removal before we have all the data.”

DNRC staff first did a site visit in November 2019 with Environmental Protection Agency project manager Allie Archer and Montana Natural Resource Damage Program environmental specialist Brian Bartkowiak. At that point, it was known that the Montana Department of Health and Environmental Sciences had issued a Pollution Discharge Elimination System permit for the outfalls in 1995.

DNRC staff conducted a second site visit this past November with the EPA and a consultant for the potentially responsible parties, who would have to pay for removing the pipes. At that point, Archer said the DNRC would have to coordinate with the EPA on any plans or work to remove the pipes, according to the Dec. 8 memorandum.

Rep. Jonathan Karlen, D-Missoula, expressed concern that the pipes wouldn’t be removed if the potentially responsible parties refused to pay.

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“For these pipes, which it seems like all sides agree are trespassing, that we expedite the process of compelling removal, hopefully voluntarily, but if not, I don’t think we should just wait for a voluntary action,” Karlen said.

Sen. Pat Flowers, D-Bozeman, urged Weiss to create a DNRC process for assessing penalties.

“Without that, I think you’re encouraging any bad actor to put whatever infrastructure they want on state lands and hope that they don’t get caught,” Flowers said.

Contact reporter Laura Lundquist at lundquist@missoulacurrent.com.





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New Montana license plate supports Kalispell pee wee baseball

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New Montana license plate supports Kalispell pee wee baseball


A new Montana license plate is now available at the Kalispell DMV to help support pee wee baseball.

Each plate can be purchased for $30 and will help to boost off season revenue.

The baseball plate was designed by Alexandra Sheneman who helped pitch design ideas to the board.

Proceeds will benefit the youth baseball program by funding new equipment and maintenance upgrades at the Kidsports Complex.

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That includes bats, baseballs, nets, and new concrete.

Leftover funding will help families afford the baseball program.

“Once that number starts going up, it will generate some sponsorship funding so that we can help families that need support that can’t afford it,” said Kalispell pee wee baseball president Andy Wilson.

This is a great way to step up to the plate and help keep the youth baseball program strong for future seasons.



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Missoula and Western Montana neighbors: Obituaries for March 25

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Missoula and Western Montana neighbors: Obituaries for March 25





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‘Hannah Montana’ fans question Starbucks drink. ‘She hates raspberry’.

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‘Hannah Montana’ fans question Starbucks drink. ‘She hates raspberry’.


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Hannah Montana once sang that “Nobody’s Perfect,” a sentiment fans are echoing regarding Starbucks’ new drink honoring the fictional pop star ahead of her iconic Disney TV show’s 20th anniversary special.

Thought to be a drink that Hannah Montana would order at Starbucks, the coffee chain launched the Secret Popstar Refresher on March 23 as a celebration ahead of the “Hannah Montana 20th Anniversary Special”, set to be released on Disney+ on March 24. The drink consists of a grande Strawberry Acai Refresher with raspberry cold foam, two pumps of raspberry syrup and no strawberry inclusions – the dried strawberries typically in the refresher, according to the Starbucks app.

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However, fans were quick to point out that the beloved TV show’s main character, Miley Stewart (Miley Cyrus), who lives a double life as teen pop star Hannah Montana, notoriously hates raspberries. Her disdain for raspberries was established in Season 1 of the show.

Stewart’s disgust is rooted in a childhood experience, during which she got sick after eating too much raspberry pie. Her hate for the fruit is exacerbated when Hannah Montana has to advertise a raspberry-scented perfume.

Now, fans of the show have taken to social media to speculate on Starbucks’ inclusion of raspberry.

Fans react to the raspberry Hannah Montana drink

Fans on social media quickly caught the raspberry reference after the drink’s launch on March 23, which many felt was an oversight by Starbucks, as they seemingly did not take Hannah Montana’s past into account.

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Multiple comments on Starbucks’ Instagram post announcing the drink question the product’s flavor, including messages like “Why raspberry tho…didn’t Miley/Hannah hate raspberry,” “but she hates raspberry,” and “brooo there’s an episode in Hannah Montana (the perfume ad) where she doesn’t like raspberry!!!!”

The post’s caption appears to poke fun at the episode, reading: “For the fans who remember the raspberry saga, this one’s for you.”

Other comments under the post from Disney accounts also seem to acknowledge the raspberry inclusion as intentional, with the official Disney+ account commenting, “This completes the circle,” and the official Disney Channel account commenting, “the raspberry lore lives on!”

How to order a Hannah Montana drink at Starbucks

The Secret Popstar Refresher will be available for order through the Starbucks mobile app until April 5, according to a Starbucks statement obtained by USA TODAY.

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The drink is a “secret menu exclusive,” meaning it is not on the official Starbucks menu in stores or drive-thru. Customers who know the recipe or use the Starbucks mobile app can order the refresher variation.

However, like any drink variation at the coffee chain, the refresher can be ordered at any time, as long as Starbucks has the required ingredients.

How to watch ‘Hannah Montana 20th Anniversary Special’?

The “Hannah Montana 20th Anniversary Special” became available to stream on Disney+ on March 24.

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Reflecting on the past two decades, the special is an intimate sit-down interview with Miley Cyrus and “Call Her Daddy” podcast host Alex Cooper. The interview was filmed in front of a live audience in a recreation of the iconic Stewart ranch-style home.

Contributing: Greta Cross, USA TODAY





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