BLAINE TOXIC COVERUP

2/25/25 letter to City of Blaine:

BLAINE TOXIC COVERUP

A Town that Never Learns

By Jay Taber

Blaine Water Coalition

Blaine City Council member Mike Hill--recently under investigation by the Whatcom County Sheriff's Department for accosting Blaine Water Coalition activist Otto Pointer at the November 12, 2024, city council meeting (Case #24A39027)--has a problem with his plan to develop condos across Peace Portal Drive from his Chevron station downtown. In a November 28, 2023, Hazardous Materials Analysis Report presented by GeoEngineers to the City of Blaine, Hill's Chevron is listed as a 'high-risk' Department of Ecology site (Cleanup Site ID # 9280) due to confirmed releases of petroleum products--including Benzene--on and off the property, contaminating the groundwater that migrates from the Chevron station under Starbuck's toward Cain Creek and Drayton Harbor.

The Drayton Harbor estuary is home to juvenile endangered chinook salmon, and I have seen river otters in the saltwater marsh below the Chevron station near the planned Cain Creek salmon restoration project on Peace Portal Drive by the Washington State Department of Transportation. Hill's petroleum products have reportedly already migrated from underground storage tanks to beneath the proposed condominium site across from his gas station. The City of Blaine, which railroaded Central Business District (CBD) up-zoning without an Environmental Impact Statement, has yet to publicly acknowledge this public health impediment to downtown developers such as council member Hill--implicated in self-dealing votes on up-zoning that financially benefits him. 

Mike Hill's property behind the Blaine Visitor Center, Bordertown Mexican Grill, and Starbuck's was used by Blaine Community Development Services (CDS) director Alex Wenger in his slideshow presentation of the financial benefit to developers in the Central Business District of reduced parking requirements at the June 10, 2024, vote by city council. For more detail on the history of self-dealing in the CBD by the Downtown Advisory Committee--facilitated by CDS--see the January 15, 2024, Glen Pentland report to the City of Blaine.

Drayton Harbor Oyster Company leases state tidelands to produce oysters for its restaurant, and Lummi Nation has treaty rights to harvest salmon and shellfish there as well. In 2017, Lummi Nation accepted $3.5 million from the City of Blaine and title to two acres on the Semiahmoo spit adjacent to Drayton Harbor, where in 1999 the City of Blaine intentionally desecrated a Lummi Indian burial ground, digging up over 100 human remains and offering tons of dirt filled with ancient cultural artifacts as 'free fill'. 30% of Lummi families have ancestors buried on Semiahmoo spit that once housed the Alaska Packers Association salmon cannery.

As Washington State Poet Laureate and enrolled member of Lhaq'temish (Lummi) Nation Rena Priest wrote in Reciprocity in the Age of Extinction, "In 1880 John Waller and The Alaska Packers Association destroyed a Lummi fishing village that had been in use for millennia. They forced the fishers to leave using threats of violence. In 1895 Lummi filed a case against the Alaska Packers Association in an attempt to uphold our treaty rights to fish in our usual and accustomed fishing grounds.

The village was a source of social and cultural exchange, as well as a place to harvest sustenance in accordance with a contract of reciprocity with the natural world, which would allow the community to be fed by its abundance into perpetuity. Nets were woven with willow bark and people harvested in manner that involved no bycatch or destruction to surrounding landscapes or waterways. 

The Alaska Packers Association saw an opportunity to partake in this bounty, and rather than honor the laws of reciprocity, they displaced the Indigenous Fishers and usurped their village site to be used as the new location for a canning facility."

This 'white settler attitude' in Blaine is embodied today by Blaine City Manager Mike Harmon, Blaine Community Development Services director Alex Wenger, Blaine City Councilman Mike Hill and Blaine Planning Commission chair Calvin Armerding. (See my 11/17/2024 letter to city.)

Benzene is a natural constituent of petroleum and is one of the elementary petrochemicals. Benzene is a colorless and highly flammable liquid with a sweet smell, and is partially responsible for the aroma of gasoline. Benzene is classified as a carcinogen, as it "promotes the development of cancer."

The Benzene plume moving from Councilman Mike Hill's Chevron station under Starbuck's on its way to Cain Creek is likely why Hill assaulted Blaine Water Coalition activist Otto Pointer at the November 12, 2024, Blaine City Council meeting where Chris Damitio from the Washington State Department of Transportation (WSDOT) made a presentation on the Cain Creek salmon restoration project.

Given this new information covered up by Hill and the City of Blaine, remarks by Hill in The Northern Light disparaging the WSDOT salmon restoration project on Cain Creek make sense. Hill evidently does not want it coming to light that his empire consisting of Chevron, Starbuck's, Bordertown Mexican Grill, and the Blaine Visitor Center is located over a current toxic waste site. 

Grace McCarthy, editor of The Northern Light newspaper, recently vilified Blaine Water Coalition activists for holding Blaine City Council accountable for lawbreaking. Having covered up City of Blaine criminal misconduct for two years,  McCarthy's coverup of the assault against Otto Pointer by Councilman Mike Hill is now 3 months old. Grace attempts to distort history by leaving out the official crimes and intimidation that led to disruptive reactions by Blaine citizens. McCarthy, like her boss Patrick Grubb, is not an honest broker of the truth. 

The 'good old boy' system, exemplified by Blaine City Council member Mike Hill and The Northern Light publisher Patrick Grubb, is apparently longstanding. According to a public opinion poll in 2022, longtime residents of Blaine have learned to not get involved and to keep silent about corruption at city hall in order to avoid retaliation by the 'good old boys' in the form of threats, assault, slander and economic reprisal.

New residents of Blaine now involved in public affairs and local civics are appalled by this incestuous backwater where uninformed opinions of bullies like Blaine Planning Commission chair Calvin Armerding and council member Mike Hill are routinely given credence on the front page of The Northern Light and factual evidence of official wrongdoing--even accosting citizens at city hall who ask questions about official corruption--is covered up.

One has to wonder if The Northern Light's primary interest is the real estate ads of potentially thousands of new homes in Planned Unit Developments illegally approved by the City of Blaine in 2024. These approvals unlawfully used the outdated 2019 DOE Stormwater Management Manual, and will have to be reviewed for compliance with the mandatory 2024 manual by the Blaine Hearing Examiner and U.S. District Court in the Blaine Water Coalition lawsuits to come.

In the February 12, 2025, Northern Light vilification of Blaine Water Coalition activist Donna N. (name withheld due to death threats)--who led the fight to protect the Critical Aquifer Recharge Area (CARA) for the city drinking water a year earlier after the city illegally up-zoned the CARA for residential development without a legally required Environmental Impact Statement--McCarthy claimed that, "the group was so disruptive that Blaine Police Department began sending officers to meetings to keep things under control." 

The truth is that it was Ms. N. who requested additional police to protect citizens from the city council. Ms. N. had received death threats and was ambushed by Mayor Steward and Councilman Hill at the February 12, 2024, city council meeting--the same night Mayor Steward unilaterally closed oral public comment at city council meetings that has yet to be restored. 

At an earlier Blaine Planning Commission meeting where chair Calvin Armerding struck comments by a youth from the record for refusing to give his home address, Ms. N. informed Armerding that the U.S. Supreme Court had ruled citizens do not have to give their address to speak, at which point Blaine Community Development Services director Alex Wenger called in the cops to remove her for being "unruly." [Blaine Police body-cam video]

According to an eyewitness of the November 12, 2024, assault of Otto Pointer by Councilman Hill, Blaine Chief of Police Funk returned to Blaine City Council chambers after escorting Hill out and walked over to Grace McCarthy, The Northern Light editor, where he allegedly told her this incident did not need to be in the news. It was not, and when asked afterward, Chief Funk reportedly said he had his mic turned off. If true, Chief Funk abused his power by protecting perpetrators and not protecting citizens from official thuggery.

Also at the November 12, 2024 Blaine City Council meeting, another eyewitness reportedly heard Councilwoman Sonia Hurt ask Blaine City Manager Mike Harmon if there is a way for the city to censor my letters. Harmon reportedly said he would look into it. 

Blaine City Councilman Mike Hill's many votes on zoning amendments that financially benefit him violate the Blaine City Council Rules of Procedure. Enforcement of these rules governing council propriety is delegated to the mayor. Mayor Steward has not once in her six years as mayor of Blaine enforced the Appearance of Fairness Doctrine dealing with Conflicts of Interest.

On February 14, 2025, Blaine Water Coalition sent a request to the Blaine Hearing Examiner Phil Olbrechts to issue a ruling that the City of Blaine adopt the 2024 Washington Department of Ecology (DOE) Stormwater Management Manual as required under state law. The city is now 6 months overdue on adopting the manual, despite Blaine City Manager Mike Harmon being aware of the requirement in March 2024. By using the outdated, less rigorous 2019 manual, the City of Blaine has violated the federal Clean Water Act.

From: Otto Pointer, Blaine Water Coalition

Date: February 14, 2025

Re: Mandatory Adoption of 2024 Stormwater Plan, Interference by City Officials, and Legal Violations

Dear Honorable Olbrechts,

I am writing on behalf of the Blaine Water Coalition to address critical issues concerning the City's stormwater management practices, specifically the necessity to adopt the 2024 Department of Ecology (DOE) Stormwater Management Manual, and to bring to your attention allegations of interference by city officials in citizen advocacy efforts.

1. Legal Basis for Requiring the 2024 Stormwater Plan

Blaine Municipal Code (BMC) 13.01.050 explicitly mandates compliance with the "most current" DOE Stormwater Management Manual. The 2024 manual became effective statewide on August 1, 2024. Continued reliance on the 2019 manual constitutes a violation of the City's own code.

Furthermore, Revised Code of Washington (RCW) 90.48.030 grants the DOE authority to enforce water quality standards, superseding local ordinances. The 2024 manual introduces mandatory cumulative impact analyses and updated Low Impact Development (LID) requirements, which are absent in the 2019 version. Additionally, RCW 90.48.240 requires municipalities to cooperate with the DOE; failure to adopt the updated manual reflects non-compliance with this statute. Under RCW 90.48.030 and 90.48.120, Blaine's NPDES MS4 permit, No. WAR045551, explicitly obligates it to implement current DOE standards, including the 2024 SWMMWW. Continued reliance on the 2019 manual constitutes a direct breach of these permit conditions.

2. Demand for Consideration

In light of these issues, we respectfully request the following actions:

• Immediate Adoption of the 2024 Stormwater Plan: Issue a ruling that, per BMC 13.01.050, the City is required to adopt and implement the 2024 DOE Stormwater Management Manual without delay.
• Condition Approval of Motts Landing Development: Ensure that any approval of the Motts Landing project is contingent upon compliance with the 2024 stormwater standards, including comprehensive cumulative impact assessments and adherence to updated LID protocols.
• State Enforcement Request: The Blaine Water Coalition will formally petition the DOE under RCW 90.48.160 to investigate:
• The 111 documented stormwater infractions at East Maple Ridge.
• Benzene contamination in the downtown area.
• Investigation of unpermitted discharges from the Lighthouse Treatment Facility into Semiahmoo Bay.
• Investigation of Interference: Address the alleged violations by City Attorney Peter Ruffatto under RCW 42.40.040, which prohibits interference with whistleblower communications.

4. Legal Citations

Code	Requirement
BMC 13.01.050	Compliance with the "most current" DOE stormwater manual.
RCW 90.48.030	DOE's authority to enforce water quality standards.
RCW 90.48.240	Municipal duty to cooperate with the DOE.
RCW 42.56.010	Public right to access records pertinent to investigations.
RCW 42.40.020	Whistleblower protections against retaliation.
BMC 2.42.020	Public participation rights, including petitioning state agencies.
RCW 42.40.040	Prohibition of Interference with Whistleblower Communications.

Export to Sheets

5. Next Steps

The Blaine Water Coalition will submit all pertinent evidence to the DOE by February 21, 2025. Copies of this correspondence will be provided to the Blaine City Council and the DOE Stormwater Program Director to ensure comprehensive awareness and prompt action.

Respectfully submitted,

Otto Pointer Blaine Water Coalition

CC: Blaine City Council, WA Department of Ecology Stormwater Program, Alex Wenger

Sources Cited:

Transcript-2.12.2025-Motts-Landing.pdf BMC 13.01.050 RCW 90.48.030 RCW 90.48.240 RCW 42.56.010 RCW 42.40.020 BMC 2.42.020 NPDES Permit Requirements (Ecology WA)

On February 18, 2025, Blaine Community Development Services director Alex Wenger informed Blaine Water Coalition spokesman Otto Pointer that our timely submission regarding the improper use of the outdated 2019 DOE Stormwater Management Manual by the City of Blaine was being omitted from the public record used by the Blaine Hearing Examiner to consider changes to the Blaine Municipal Code. Having strategically eliminated public participation in and citizen oversight of the Blaine city government since 2021, Mr. Wenger has apparently come to view himself as above the law, routinely misleading public officials.

On February 19, 2025, Mr. Pointer replied.

From: ottopointer@aol.com <ottopointer@aol.com>

To: Alex Wenger <awenger@cityofblaine.com>

Cc: CDSComments <cdscomments@cityofblaine.com>; Mike Beck <mbeck@cityofblaine.com>; Michael Harmon <mharmon@cityofblaine.com>; City Council <citycouncil@cityofblaine.com>; Samuel Crawford <scrawford@cityofblaine.com>; blainepc@cityofblaine.com <blainepc@cityofblaine.com>; CSD - Peter M. Ruffatto <pruffatto@csdlaw.com>

Sent: Wednesday, February 19, 2025 at 05:05:45 PM PST

Subject: CDS refusal to accept citizen comment submitted timely and failure by CDS to admit evidence regarding BMC code for 2024 stormwater plan adherence

Dear Mr. Wenger, 

Please be advised this cut-off time is inconsistent with the official record with the Hearing Examiner and as such our comments cannot be omitted from the Hearing Examiner's consideration. You are well aware the 2019 Stormwater Management Plan cannot be used for Motts Hill and other projects. 

We will follow up with our response and documentation regarding your misstatements to all concerned. This is a clear violation of the hearing examiner process and citizen comment period.  

Sincerely, 

Otto Pointer

Alias protected under the Anti-Slapp Act

Blaine Water Coalition

cc: BWC legal advisor

At the February 13, 2025 Blaine Chamber of Commerce, Blaine City Manager Mike Harmon and Blaine Community Development Services director Alex Wenger were the guest speakers. Skye and Mike Hill of Hill's Chevron won Persons of the Year "for always going above and beyond for the community and their contributions to downtown Blaine." The chamber board of directors includes Louise Mugar from The Northern Light, and Blaine Planning Commissioner, realtor Don Enos, who regarding the one-year free speech ban at city meetings by Mayor Steward reportedly remarked on social media that he saw no community value in oral public comment.

On February 23, 2025, Blaine Water Coalition submitted a Formal Complaint Under Rule 31 of 2024 City Council Rules & Conflicts of Interest against Mike Hill, City Council Member, to Blaine City Attorney Peter Ruffato, along with a request for an independent investigation by a third party law firm. The submission notes that despite Conflict of Interest training by the city attorney three years ago, Councilmember Hill’s nondisclosure and failure to recuse himself when voting on matters that directly affect his property value—as evidenced by his vote on November 12, 2024, and subsequent actions—constitute clear violations of the Ethics in Public Service Act (RCW 42.52) and the City Council’s conflict of interest protocols.

On February 24, 2025, Blaine Water Coalition sent an Urgent Request for Immediate Action on Benzene Contamination Disclosure, Conflict of Interest, and Environmental Risks Impacting Downtown Revitalization and Cain Creek to Blaine City Council, the Washington State Department of Ecology, and the EPA.