The Evolution of Mining Reclamation and Regulation in the San Juan
Mountains
Mark WalkerTechnical Assistance to Brownfields (TAB) Program
May 29, 2015
Technical Assistance to Brownfield (TAB)
• A national program• Funded by EPA • Free to communities• K-State assists
communities in EPA Regions 5, 6, 7 and 8
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The Early Years of Mining Reclamation1980 -1990
Superfund & the NPL
• Clear authority for sites where there is an imminent threat to people
• Must score 28.5 on the HRS
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Cleanup Approach
• Usually very large sites, complex cleanups
• Water treatment (often) at the end of the tunnel
• NPDES Permitting
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Problems with the NPL Approach
• “Superfund” not so “super”
• Eco Threat Sites vs. People threats
• Too many widely dispersed small contributors to constitute a single site
• Abandoned sites• Sites scoring less than 28.5
• Future property transactions
• Scares potential good samaritans
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Local ExampleIdarado
• Not a “true NPL site”• $20 M• Direct Revegetation• Performance Goals– Coverage– Diversity– Water quality
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The Next Generation of Regulation1990 - Present
Voluntary Cleanup Programs• Great Mechanism for taking charge on a site and
deflecting NPL/EPA
• How to keep EPA out? MOA– Some CERCLA relief provided (no CERCLA Good Sam before 2007)– No CWA relief– NPL Caliber not eligible
• Risk based cleanups
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Cleanup Approach
• Contour• Cap • Revegetate• Divert Adit Drainage
around piles• Risk-based cleanups
Columbia TailingsRico, CO
Local Example;Silver Bell Tailing Pile (Ophir)
Before After
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Shortcomings of VCP
Inability to address large sites
Enforcement authority??
No Good Samaritan Clause
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The Next Generation of Regulation1990 – Present
Community Based Stakeholder GroupsMotivated citizens and PRP’s and agencies collaborate to prevent NPL listing of the site
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Cleanup Approach
• Study and coordinate cleanup effort• Seek funding for cost-effective solutions using
existing programs/authority• Limited to actions that do not result in the
discharge of pollutants or release of haz waste• Collaboration
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Local Example;Animas River Stakeholders
Silverton
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Limitations for Community Based Stakeholder Efforts
Voluntary Effort– Needs willing participants (both members &
responsible parties)
Funding, Funding, Funding– Implementation– O&M
Large Water sites (No Good Sam)
Long Term Staying Power?
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The Current Generation of Mining Reclamation; 2005 - Present
Collaboration and Innovative Uses of Regulatory Authority
• Targeted Listings
• Non Time Critical Removals– OSC’s & CERCLA Authority
• Collaboration– Public-Private Partnerships– Interagency
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Cleanup Approach;Tools Used
• Segregating dirty from clean water
• Environmental covenants
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Problems
• Good Samaritans still not motivated to participate…liability fears
• Citizen suits under the Clean Water Act
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Local Case ExampleCaribbeau Tails, Ute-Ulay, Nelson Tunnel
• Caribbeau: Non time critical removal planned for 2015
• Ute Ulay: Non time critical removal done in 2014
• Nelson Tunnel: ongoing targeted listing
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What is Next?2015 and Beyond
• True Good Samaritan Act
• True walk-away technologies that better mimic natural processes
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QUESTIONS?
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