By Joseph T. O’Connor EBS Managing Editor and Amanda Eggert EBS Staff Writer
MontanaFreePress.com
Last updated Mar. 4, 2016

On Thursday afternoon, treated wastewater began pouring down an embankment from a Yellowstone Club wastewater storage pond. A mechanical issue from a broken pipe is associated with the cause, according to Kristi Ponozzo, public policy director with the Montana Department of Environmental Quality.

Ron Edwards, general manager at the Big Sky Water and Sewer District says that short of diverting effluent into a lower wastewater treatment pond at the Yellowstone Club, not much else can be done.

“There’s no way to shut this flow off,” said Edwards, who expects the effluent to flow throughout the weekend. “They’re going to have to drain the whole thing down.”

FullSizeRender

Questions asked at the meeting included how long the river would be impacted and who would address concerns for well water if testing reveals contamination.

At a community meeting held at the Big Sky Fire Department Friday evening at 5:30 p.m., Edwards, along with representatives from Yellowstone Club, the Montana Department of Environmental Quality, and Montana Fish, Wildlife and Parks, answered questions and outlined mitigation strategies the Yellowstone Club is exploring.

Approximately 60 people attended the meeting. Mike DuCuennois, Yellowstone Club Vice President of Development, said wastewater was still discharging out of a 24-inch pipe and engineers have not yet determined the cause of the pipe rupture, although one possibility is ice formation in the pond that could have damaged the pipe.

Edwards said the pond can hold upwards of 80 million gallons of treated wastewater, but that it contained 35 million at the time of the breech. “We’re lucky in the sense that it wasn’t completely full,” he said.

DuCuennois said approximately 21 million gallons have exited the pond so far and attempts are being made to divert about eight million gallons into a golf course pond to keep it out of the Gallatin. “We think in the next hour or so we’ll be able to divert that into the golf course pond,” he said. “I’m hopeful that we have crews fixing the problem [with the pipe] 24 hours from now.”

Workers are currently using chainsaws to cut though the ice layer in order to get a camera down to the drain at the bottom of the pond to assess the situation. DuCuennois said he considered sending in divers to get a better look at the problem, but said there were preventative safety concerns resulting due to the suction created by the outflow.

The YC is now relying on trucks, which will haul an estimated 20,000 gallons per day of treated wastewater to a temporary, approved dumpsite. The trucks will dump the wastewater into a manhole at Spanish Peaks, and it will flow to the BSWSD treatment plant. “We have plenty of room for now,” said Edwards.

One meeting attendee expressed frustration that the identified dumpsite is so close to his residence, and Edwards said he would to work with his neighborhood to use a dumpsite that would work for them.

A representative from the Gallatin County Health Department recommended that people with wells near the Gallatin test their water.

Kristin Gardner, Executive Director with the Gallatin River Task Force, pointed out that her organization would be handing out well water test kits at the Post Office Tuesday, March 8 from 11 a.m. to 2 p.m.

An attendee asked who would remedy tainted well water, and Sam Byrne with CrossHarbor Capital LLC said, “We’ll do whatever is required…to make it right or better than it was historically…We’re ready to address and help with any issues or problems downstream.”

Byrne, who is the co-founder of CrossHarbor Capital, the principle owner of the Yellowstone Club, flew down yesterday when he heard about the spill. CrossHarbor is based in Boston, Mass.

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The confluence of the West Fork of the Gallatin with the main Gallatin River at 8 a.m. on March 4.

The confluence of the West Fork of the Gallatin with the main Gallatin River at 8 a.m. on March 4.

Montana DEQ is heading up assessment efforts.

According to Kristi Ponozzo, the largest concern is the amount of sediment stirred up from the effluent that has drained into the South Fork of the West Fork of the Gallatin River.

The DEQ will be testing the Gallatin River for pathogens, hydrogen, phosphorus, suspended sediment, ammonia, and nitrogen, Ponozzo said, and will be assisted by various state and county groups including Montana Fish, Wildlife and Parks; the Department of Health and Human Services; Gallatin County; the Yellowstone Club; and potentially the Gallatin River Task Force.

“The biggest issue we see right now is sediment. The release is picking up a significant sediment load and sediment impacts aquatic life,” Ponozzo said. “That’s the main point of concern.”

The sediment could have a profound impact on fisheries, but Dave Moser, a Fisheries Biologist with Montana Fish, Wildlife and Parks, said that impact won’t be known until the water clears up. He said brown trout are probably the most vulnerable population since they spawn in the fall. Their eggs could suffer from reduced available oxygen caused by suspended sediment in the waterway.

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At 9:30 a.m. Friday morning, Kristin Gardner, Executive Director of the Gallatin River Task Force provided comment on the spill.

She is collecting data this morning and through the weekend with Yellowstone Club and Confluence Consulting, a natural resource consulting service based in Bozeman.

They’ll be measuring phosphorous, nitrogen, chloride and ph levels as well as gauging turbidity and monitoring for E. coli at several sites along the Gallatin watershed including the Second Yellow Mule Creek, the South Fork of the West Fork of the Gallatin, the West Fork of the Gallatin, and the Gallatin.

Gardner said she can’t comment on the impact until the data has come back, but noted there’s no danger to public health and it’s essentially the same quality of tertiary treated effluent that Bozeman discharges into the Gallatin on a regular basis.

Other conservation organizations are more concerned about the short- and long-term impacts of the spill. “[This] is just a tragic situation,” said Guy Alsentzer, the Executive Director and Founder of Upper Missouri Waterkeeper. “My organization and my members are pretty fired up about it.”

Thursday night, Upper Missouri Waterkeeper, a nonprofit focused on protecting and improving waterways throughout Montana’s Upper Missouri River Basin, collected samples and sent them to Bridger Analytics, a Four Corners lab. Alsentzer said the results should be in by Saturday morning and he is eager to learn whether or not the wastewater was fully treated.

“I think we’re going to find high nutrient – nitrogen and phosphorous – levels. I’m concerned that we’re going to find very low concentration of [dissolved or available] oxygen levels, which are critical to fish and bug health.”

A DEQ press release received by EBS Thursday evening stated that the water is treated “and the expected total nitrogen content of about 7-8 mg/L is below the human health standard of 10 mg/L as nitrate.” The release also noted that the effluent is authorized to irrigate the Yellowstone Club golf course during the summer months.

Ousel Falls on the afternoon of Thursday March 3

From Ousel Falls

Gallatin County Emergency Management notified the Big Sky Fire Department of the situation at 3:30 p.m. Thursday afternoon. State agencies were looking for on-site photographs so they could better understand what was going on, according to BSFD Chief Bill Farhat, who added that DEQ is the agency in charge of the situation.

“As soon as I was assured there was no public health hazard, that was the end of my involvement,” Farhat said. “It was limited involvement on our part until state agencies arrive.”

 
 
 
 
 
 
 
 
 
 

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Watch video from Ousel Falls:


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At approximately 8:30 p.m. on March 3, the Yellowstone Club released the following statement:

On March 3, a Yellowstone Club employee identified damage to a treated reclaim water irrigation main. We moved swiftly to address the incident as soon as it was known, contacting Big Sky Sewer District and environmental authorities including the Montana Department of Environmental Quality. Local authorities confirmed that there is a flow of the reclaimed water into surrounding area streams and ultimately the Second Yellow Mule Creek and the Gallatin River.

Ousel Falls on the afternoon of Thursday March 3

Ousel Falls

The water that is influencing the Second Yellow Mule drainage from the broken pipe is picking up sediment due to overland flow and the steep land topography causing soil turbidity in the connecting waterways. The water is treated to a high level and not a risk to human contact. Furthermore there are no potable inlets for consumption along these waterways.

Yellowstone Club knows it is our responsibility to ensure as little harm as possible to the environment and we must do all we can to mitigate this issue. Crews from Bozeman are working through the night assembling parts and equipment to remedy the situation. It is estimated that the active spill will be contained within 24 hours. Yellowstone Club wants to assure the community we take this issue very seriously and we are taking steps to minimize this impact and prevent any further issues.

By John S. Adams, 
MontanaFreePress.com

District Judge Ray Dayton on Monday heard more than three hours of testimony in his Anaconda courtroom as he considers competing pre-trial arguments in a high-profile political corruption lawsuit.

Commissioner of Political Practices Jonathan Motl is suing Republican state Rep. Art Wittich alleging Wittich illegally coordinated with third-party nonprofit political groups during his 2010 campaign for the Montana Senate. The case pits the state’s top political cop, an appointee of Democratic Gov. Steve Bullock, against one of the legislature’s staunchest conservative  lawmakers.

Dayton, who assumed jurisdiction of the long-running lawsuit last month, will take the testimony and arguments heard Monday into consideration and issue rulings this week.

Most of what Dayton heard Monday had already presented to the court in legal briefs.

Former Commissioner of Political Practices investigator Julie Steab responds to cross examination from state attorney Gene Jarussi.

Former Commissioner of Political Practices investigator Julie Steab responds to cross examination from state attorney Gene Jarussi.

On Monday he listened to testimony centered on the sworn statement of a former COPP employee who alleged someone deleted emails from her state-run email account that could be germane to the lawsuit. Julie Steab, a former investigator who worked at the commissioner’s office from January of 2011 until she quit in October of 2013, claimed there should have been emails in her state email account that illustrated Motl’s political bias against Wittich.

Steab also claimed that Motl, shortly after taking his post in June of 2013, had expressed a desire to “remove Wittich” and people like him from political office.

On the stand to dispute Steab’s claims, Motl said he did not delete any of Steab’s emails and denied ever making statements about Wittich to Steab. Motl said Steab was “the last person he would have said” that to.

Asked by the state’s attorney, Gene Jarussi, why that was, Motl responded, “Because I didn’t trust her.”

A witness from the state’s Information and Technology Services Division testified that the only person who could have deleted the Steab email archive, which was later recovered, was Steab, or someone with her log-in credentials.

Mary Baker, a current COPP employee, testified that she did not delete Steab’s emails. Baker testified that Steab was unhappy with the working conditions at the COPP office after Motl came on board in June 2013. Baker said Steab and Motl had a “personality conflict.”

Wittich’s attorney, Quentin Rhoades, eventually withdrew a motion asking the court to throw out the case based on “spoliation” of the Steab e-mail archive, and instead asked the court to force Motl to produce the emails.

In a separate motion, Rhoades asked the judge to dismiss the case for lack of jurisdiction. Rhoades argued state law does not allow Motl to independently investigate candidates, such as Wittich, without a formal campaign finance complaint. Rhoades said no such complaint against Wittich has ever been filed, and so Motl’s lawsuit is invalid.

The judge will consider these issues and others before a final pre-trial order hearing in Anaconda on Thursday.

By John S. Adams
MontanaFreePress

A former state doctor who is facing an indefinite suspension of his medical license for alleged illegal drug use was arrested in Butte Friday night on misdemeanor charges of disorderly conduct and possession of dangerous drugs.

Mark Jay Catalanello was a staff physician at the Montana State Hospital in Warm Springs and served as the medical director at the Montana Chemical Dependency Center in Butte until October, when the Montana Board of Medical Examiners temporarily suspended his medical license amid accusations that he was using illegal drugs.

The state placed Catalanello on paid administrative leave following his Sept. 29 suspension and his last day working for the state was Oct. 19, 2015.

Catalanello has a long history of drug and alcohol abuse and has had his medical license suspended in Montana and revoked in California following felony drug arrests in 2001 and 2005.

An MTFP investigation into Catalanello that began more than a year ago uncovered a lengthy record of drug and alcohol abuse, felony arrests, failed rehabilitation, refusals to participate in mandated drug and alcohol screenings, and suspended and revoked medical licenses in Montana and California.

CatalanelloButte police officials on Saturday refused to release details of Catalanello’s arrest, but a jailer confirmed that Catalanello had been taken into custody Friday night. As of this writing Catalanello was being held on a $995 bond.

A source with knowledge of the circumstances surrounding Catalanello’s arrest contacted The Montana Free Press on Saturday. The source said police were called after Catalanello reportedly created a “disturbance” at a drive-thru restaurant in Rocker, just west of Butte. The source stated Catalanello was located by police at a nearby bar and was “extremely agitated and confrontational” with police before being arrested.

A spokesman for the Butte Police Department directed questions about the case to Butte Undersheriff George Skuletich, who was out of the office until Monday. An email sent to Skuletich seeking additional information was not immediately answered.

Last month Catalanello failed to show up at a trial before a Montana Department of Labor hearings examiner to defend himself against allegations leveled in October that he relapsed in violation of the board-imposed terms that allowed him to get his medical license back following a 2005 suspension.

An adjudication panel of the Montana Board of Medical Examiners is expected to take-up Catalanello’s case at a meeting in Helena on March 11. The panel is expected to consider a recommendation that Catalanello’s medical license be suspended indefinitely.

An Amber Alert has been issued seeking a four-year-old named Maci Lilley. The suspected abductor is John Lieba of Wolf Point, Montana. Call 911 with information.

slovak-musicians
Slovak musicians return to YAM

 

Don’t miss this second chance to enjoy world-class musicians perform in an intimate setting.  On Wednesday, March 2, 2016, at 6:30 p.m. in the Montana Gallery at the Yellowstone Art Museum, internationally renowned Slovak cellist Jozef Lupták will perform with Boris Lenko, Baruch Myers, and Miloš Valent.  The program will range widely across the spectrum of world music but will place special emphasis on energetic Chassidic songs, which are a special interest of this performing group.  Lupták and Lenko performed previously in Billings in November 2015 to standing-room-only crowds in multiple venues.

Jozef Lupták is one of the most prominent figures on the Slovak musical scene.  He graduated from the University of Performing Arts in his hometown of Bratislava and the Royal Academy of Music in London.  He holds the “Award of the Minister of Culture” for his successes as a concert cello soloist and artistic director and founder of the festival Convergence, and international chamber music festival.  Jozef actively performs throughout the world, with concert credits that include the Winter Olympics.  He does not limit himself to classical music, and there is a special place in his explorations for multicultural and multiethnic projects, including ancient Roma and Hassidic songs. 

Boris Lenko is a graduate of the Žilina Conservatory and the Academy of Performing Arts in Bratislava.  Boris began his international career in the 1980s after successfully competing in many competitions.  By the 1990s, he was one of the most established Slovak artists, performing regular concerts and making recordings.  Boris Lenko is one of those rare kinds of versatile musicians who expertly perform everything ranging from the classical repertoire to contemporary music and jazz.  His expertise includes accordion, violin, piano, and double bass. 

Baruch Myers, born in New Jersey, was accepted as a composition student in the Juilliard School of Music pre-college program at the age of 14.  Upon graduation, Myers was accepted as a doctoral student at the Yale School of Music, but postponed the continuation of his musical studies to pursue full-time religious studies in a Yeshiva setting.  In 1993, he was appointed as the Chief Rabbi of the Jewish Community of Bratislava, in the Slovak Republic, a position he holds to this day.  His return to music came about through the Chassidic Songs Project, a musical project originally conceived by Baruch and Jozef, which premiered in Slovakia. 

Miloš Valent’s repertoire ranges from chamber music and opera to modern creative and avant-garde music.  Valent’s musical and theatrical credentials are impressive, spanning cities as diverse as Amsterdam, Berlin, Boston, Bratislava, Bremen, Geneva, Helsinki, Prague, Utrecht, Vancouver, Vienna, and many others.  He is a frequent performer of early music at international music festivals, concert halls, and conservatories, and has collaborated with a long list of distinguished international conductors.

Admission to this event is by suggested donation.  Parking is free at the Yellowstone Art Museum.  This event is sponsored by MasterLube.