Gov. Whitmer says Michigan will 'pursue every legal recourse possible' against those responsible for two dam failures as it's revealed the license of a company that operated one of them was revoked in 2018
Gov Gretchen Whitmer has said her administration plans to 'pursue every line of legal recourse' against those responsible for two dam failures that caused devastating flooding as Michigan officials warn the situation could get much worse.
More than 10,000 people were forced to evacuate their homes between Tuesday evening and Wednesday morning after the Edenville and Sanford dams burst following heavy rainfall that battered the area for several days. No deaths or injuries have been reported.
During a press conference Wednesday afternoon, Whitmer told reporters that 'the state of Michigan is reviewing every potential legal recourse that we have because this incredible damage requires that we hold people responsible'.
While Whitmer didn't make clear who state officials would pursue, it's likely that she was referring to at least one company that operated the Edenville Dam.
In 2018, the Federal Energy Regulatory Commission revoked Boyce Hydro's license to operate the Edenville Dam due to non-compliance issues that included spillway capacity and the inability to pass the most severe flood reasonably possible in the area.
'The initial readout is that this was a known problem for a while and that's why its important that we do our due diligence,' Whitmer said. 'Experts are describing this as a 500-year event. It is going to have a major impact on community and on our state for the time to come.'
Brad Kaye, the city manager of Midland, also warned that residents aren't in the clear just yet during the press conference.
'The Sanford dam at this point and time is overflowing. The majority of it, probably 60-80 per cent, has actually been overtopped,' Kaye said. 'It's not entirely clear what the structure is below the water surface,' Kaye said, adding that surveillance over the dam 'continues to show a significant amount of overflow over that dam coming down the river toward the city [Midland]'.
Gov Gretchen Whitmer said Wednesday that her administration plans to 'pursue every line of legal recourse' against those responsible for the dam failures that occurred on Tuesday as officials said the flooding could get much worse. Rising flood waters are seen in Midland on Wednesday
The Edenville and Sanford dams burst on Tuesday after heavy rainfall battered the area for several days. Rising flood waters of the Tittabawassee River advance upon the city on Wednesday after the breach of the two dams
Flood waters are seen approaching the city of Midland on Wednesday following the breach of two dams
In 2018, the Federal Energy Regulatory Commission revoked the license of the company that operated the Edenville Dam due to non-compliance issues that included spillway capacity and the inability to pass the most severe flood reasonably possible in the area. Rising flood waters approach Midland on Wednesday
Waters overflow the Tittabawassee River on Wednesday as a person who lives in the area walks through flood waters
Gov Whitmer (pictured) told reporters that 'the state of Michigan is reviewing every potential legal recourse that we have because this incredible damage requires that we hold people responsible'
'Could it get worse? Yes. If the entire structure were to go and the water were to come in a very significant, serious, immediate impact there would be a much higher surge that would come down the river and that could raise the level much more quickly than what we're seeing right at the moment,' Kaye added. This graphic depicts potential flooding in Midland
'We don't know quite frankly whether the entire structure is gone or only portions of it are gone beneath that water flow, but it is and will continue to release a significant amount of water from the lake behind it.
'Could it get worse? Yes. If the entire structure were to go and the water were to come in a very significant, serious, immediate impact there would be a much higher surge that would come down the river and that could raise the level much more quickly than what we're seeing right at the moment. So it is a danger, yes.'
Kaye said the properties that are closest to the breached dam could be entirely underwater by Wednesday evening. He said that while the water remains clean, the sewer system is at risk. Four sewer pumping stations have been submerged and have shut down.
'There's an ongoing flooding in parts of Midland with several feet of water, covering some streets of downtown Midland,' National Weather Service (NWS) meteorologist Andrew Arnold said.
He said flood waters had already reached five feet in parts of downtown.
Displaced residents started gathering in shelters Tuesday night and into Wednesday morning after Whitmer urged locals living in impacted areas to get to safety as quickly as possible.
With shelters open, state officials are grappling with two crises at once: severe flooding and the coronavirus pandemic.
Michigan is under a stay-at-home order to prevent the spread of the coronavirus. The state has been a national hot spot for COVID-19, with more than 52,000 cases and 5,000 deaths, but Midland County has had fewer than 80 cases and under 10 deaths.
Still, residents were advised to take precautions and schools set up as shelters spaced cots to adhere to social distancing guidelines. As displaced residents arrived to local shelters, first responders made sure they had personal protective equipment and are wearing masks. Workers are also checking evacuees' temperatures.
'Never in my whole life have we seen the dam fail,' said Mark Bone, 53, a business owner and resident of Midland. 'It flood real bad in '86, but never like this.'
Bone, who also serves as chairman of the Midland County Board of Commissioners, said the village of Sanford, the site of one of the dams, has been hit the hardest.
'A lot of businesses are underwater. Luckily no one has died or been hurt,' he said. Bone said that most people so far are sheltering out of town with friends and relatives. 'People are helping each other,' he said. 'That's the way we are. We're a good old hometown Midwest.'
According to Bone, there are about 500 residents in local shelters.
Displaced residents are seen outside a shelter in Sanford, Michigan, after two dams burst, causing 'catastrophic flooding'
Michigan State officers (pictured Wednesday) have been going door-to-door to make sure every resident in the area has evacuated
People living along two mid-Michigan lakes and parts of a river have been evacuated after the dams burst on Tuesday. Firefighters are seen on Wednesday pushing a boat into the water
Michigan officials have warned that the state could see even more catastrophic flooding on Wednesday
A flood warning is in effect throughout Wednesday along the Tittabawassee River in Midland County. Flooding is seen in Midland County on Wednesday morning
The river rose Wednesday morning to 34.4 feet in Midland, topping a previous record reading of 33.89 feet set during flooding in 1986, the National Weather Service (NWS) said
Whitmer, who declared a state of emergency late Tuesday night, said: 'To go through this in the midst of a global pandemic is almost unthinkable. But we are here, and to the best of our ability we are going to navigate this together.'
The governor encouraged residents to wear face coverings while at shelters and if they go to stay with relatives.
The Michigan National Guard has also been activated and is assisting with evacuations and emergency operations.
'Mid-Michigan Medical Center is working on moving up to 150 patients and the Michigan State Police has marine, air and land vehicles at work to help evacuate,' Whitmer said.
By Wednesday morning, water was several feet high and covered some streets near the river in downtown Midland, including riverside parkland, and reached a hotel and parking lots.
The river rose Wednesday morning to 34.4 feet in Midland, topping a previous record reading of 33.89 feet set during flooding in 1986, the NWS said.
Its flood stage is 24 feet, and it was expected to crest by Wednesday at 8pm at about 38 feet.
The NWS urged anyone near the river to seek higher ground following 'catastrophic dam failures' at the Edenville Dam, about 140 miles north of Detroit, and the Sanford Dam, about seven miles downriver.
Flood waters continue to rush through the path where the Edenville Dam once stood on Wednesday
Residents inspect the floodwaters flowing from the Tittabawassee River into the lower part of downtown Midland on Wednesday
Midland residents in boats inspect the floodwaters flowing from the Tittabawassee River into the lower part of downtown on Wednesday
An aerial view of floodwaters flowing from the Tittabawassee River into the lower part of downtown Midland on Wednesday
A general view shows a flooded street along the Tittabawassee River, after several dams breached, in downtown Midland
Midland County residents walk up to one of two bridges on North M-30 suffered heavy damage on Wednesday
'This is unlike anything we've seen in Midland County,' Whitmer said. 'If you have a family member or loved one who lives in another part of the state, go there now.'
Emergency responders went door-to-door early Tuesday morning warning residents living near the Edenville Dam, which holds back Wixom Lake, of the rising water.
The evacuations in Michigan followed days of heavy rains in parts of the Midwest that also brought flooding to Chicago and other parts of Illinois, Ohio and other states.
The evacuations included the towns of Edenville, Sanford and parts of the city of Midland, which has 42,000 people, according to Selina Tisdale, spokeswoman for Midland County.
'People are communicating well and looking after each other and their loved ones,' Tisdale said. 'We're heartbroken for those with lots of home and property damage.'
Dow Chemical, with 9,000 employees and contractors in Midland, on Tuesday shut down all operating units except those needed to contain chemicals, spokesman Kyle Bandlow said.
By Wednesday, floodwater was mixing with on-site containment ponds prompting the company and US Coast Guard to activate emergency plans, Dow said in a statement.
It said there was no threat to the public or the environment, and that it has uncovered no product releases.
The flooding likely will pose a significant setback to the cleanup of a federal Superfund site caused by Dow´s release of dioxins in the last century, which contaminated sediments and floodplains along 50 miles the Tittabawassee and Saginaw rivers, said Allen Burton, a professor of environment and sustainability at the University of Michigan.
Dow and the state Department of Environment, Great Lakes and Energy will have to determine where the floodwaters have moved the dioxins, Burton said.
'They knew where all that stuff was, but the power of water is unbelievable and it's going to move things around,' Burton said.
MICHIGAN: An aerial view of water from a broken Edenville Dam seen flooding the area as it flows towards Wixom Lake in Michigan
MICHIGAN: Vehicles and signs are seen submerged in floodwaters in downtown Sanford
MICHIGAN: Floodwaters are seen along a street in downtown Sanford on Tuesday. The National Weather Service issued a flash flood watch for locations along the Tittabawassee River after the breach at the Sanford Dam
MICHIGAN: Floodwater surrounds gas pumps at Wixom Lake Gas & Launch Tuesday along the Tittabawassee River in Beaverton
MICHIGAN: The Midwest has been hit by heavy flooding, with residents in one Michigan county forced to evacuate their homes amid fears of 'imminent dam failure'. The driver of this red pickup truck was rescued in Saginaw County, Michigan on Tuesday
MICHIGAN: A view of the flooded area near the Sanford dam. 'This is unlike anything we've seen in Midland County,' Gov Whitmer said. 'If you have a family member or loved one who lives in another part of the state, go there now'
MICHIGAN: A view of the flooded area near the Sanford Dam on Tuesday. 'Extremely dangerous flash flooding is ongoing along the Tittabawassee River in Midland county due to catastrophic dam failures at the Edenville and Sanford dams,' the weather service said on its website
'At approximately 10:00 a.m. Eastern it was confirmed there were flood waters commingling with on-site containment ponds,' the chemical maker said in a Facebook post. The company also said it was deploying its flood preparedness plan.
'Only essential staff are onsite to monitor and manage the situation with no reported employee injuries. We will continue to engage with our site tenants and Midland County officials and take immediate action to ensure the safety and security of our employees, community and the environment,' the statement reads.
Dow Chemical has been headquartered in Midland for more than 120 years, and its main plant sits on the city's riverbank.
DuPont and Corteva, spun off from DowDuPont, also have manufacturing facilities in Dow's industrial complex in Midland.
Earlier on Wednesday, President Donald Trump tweeted about Michigan, but his initial tweet wasn't about the flooding.
Earlier on Wednesday, President Donald Trump tweeted about Michigan, but his initial tweet wasn't about the flooding
'Breaking: Michigan sends absentee ballots to 7.7 million people ahead of Primaries and the General Election. This was done illegally and without authorization by a rogue Secretary of State. I will ask to hold up funding to Michigan if they want to go down this Voter Fraud path!' the president tweeted.
Trump was referring to Michigan Secretary of State Jocelyn Benson who said Tuesday that all registered voters - there are 7.7 million of them - will receive applications for absentee ballots, meaning voters would still have to request an actual ballot to vote.
A few hours later he responded to the actual flooding crisis in Michigan
About 10 minutes later, Trump tweeted that: 'We have sent our best Military & @FEMA Teams, already there. Governor must now "set you free" to help'
'By mailing applications we have ensured that no Michigander has to choose between their health and their right to vote,' Benson, a Democrat, said. Her decision is expected to face legal challenges.
Trump's tweet was a threat to use his executive power against states that don't bend to his political will. Trump and other Republicans have argued - without proof - that mail-in voting favors Democrats and concerns about its use as a voting option have ratcheted up during the coronavirus pandemic.
A few hours later the president responded to the actual flooding crisis in Michigan.
'My team is closely monitoring the flooding in Central Michigan – Stay SAFE and listen to local officials. Our brave First Responders are once again stepping up to serve their fellow citizens, THANK YOU!'
About 10 minutes later, Trump tweeted that: 'We have sent our best Military & @FEMA Teams, already there. Governor must now "set you free" to help.
'Will be with you soon,' he added, likely referring to his trip to Detroit scheduled for Thursday.
In response to Trump's tweets, Gov Whitmer said Wednesday afternoon that to see 'Twitter this morning and to see rhetoric like that is disheartening because I think at first it shows you that there maybe was a lack of understanding of what the secretary of state was doing. She said we're going to mail applications not mail ballots'.
'And I would appreciate any federal partnership that wants to stay focused on solving problems and not get into politics. We've got to take politics out of this crisis moment and remember we're all Americans.
'We all have to pitch in and get this right and remember that one another is not the enemy. The enemy is a virus and in this case the enemy is also a flood,' Whitmer added.
In 2018, the Federal Energy Regulatory Commission gave the Edenville Dam, which was built in 1924, an unsatisfactory condition rating.
The Sanford Dam, which was built in 1925, received a fair condition rating from the commission. Both dams are in the process of being sold.
There were 19 high hazard dams in unsatisfactory or poor condition in Michigan in 2018, ranking 20th among the 45 states and Puerto Rico for which The Associated Press obtained condition assessments.
MICHIGAN: Sanford Dam in Midland County, Michigan is pictured. Officials can not contain the amount of water spilling over its gates
MICHIGAN: An aerial view of flooding as water overruns Sanford Dam
MICHIGAN: The Midland Area Farmers Market is pictured after flooding on Tuesday
MICHIGAN: Water inundated a gas station in Wixom, Michigan. Nearby residents were forced to evacuate to local schools
Meanwhile, heavy rains also caused flooding in parts of northwestern Indiana, including Crown Point - the Lake County seat - where about seven inches fell over the weekend.
In Chicago, water that flooded some areas downtown was receding on Tuesday.
But Larry Langford, a fire department spokesman, said that he did not expect power to be restored at the iconic Willis Tower for days because the rains caused the building's subbasements to fill with as much as 25 feet of water.
And in DuPage County, west of the city, a search for an 18-year-old woman who was swept away by a surging DuPage River last Friday remained suspended on Tuesday because the water remained too high and the current too swift to conduct the search safely.
Tony Martinez, spokesman for the DuPage Forest Preserve District, said the area of the river where the woman was swept that is typically about 25 feet wide remained 200 yards wide.
OHIO: In Westerville, Ohio locals were picked up by rescue crews in a motorized boat
OHIO: Westerville residents are pictured being evacuated from their homes following heavy rain
ILLINOIS: The Chicago River overflowed its banks and flooded the Riverwalk on Monday
ILLINOIS: The Windy City was battered by heavy rain, which caused the Chicago River to breach its banks on Monday
ILLINOIS: In Chicago, water that flooded some areas downtown was receding on Tuesday, but Larry Langford, a fire department spokesman, said that he did not expect power to be restored at the iconic Willis Tower for days because the rains caused the building's subbasements to fill with as much as 25 feet of water
Gov. Whitmer says Michigan will 'pursue every legal recourse possible' against those responsible for two dam failures as it's revealed the license of a company that operated one of them was revoked in 2018
![Gov. Whitmer says Michigan will 'pursue every legal recourse possible' against those responsible for two dam failures as it's revealed the license of a company that operated one of them was revoked in 2018]()
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