Bay Harbor Update

UPDATE ON THE CLEANUP AT BAY HARBOR PROPERTIES AND EAST PARK
Spring 2008

Over 80 years of cement manufacturing left behind an estimated 2.5 million cubic yards of cement kiln dust (CKD) at what is now known as Bay Harbor Properties and East Park. When water comes into contact with the CKD, it can leach substances from the CKD and potentially contaminate adjacent waters. This leachate can have high pH and can contain heavy metals such as mercury, arsenic, and lead, which pose adverse impacts to water quality, fish and other aquatic life, and, potentially, human health with direct contact. CMS, a prior partner with Bay Harbor who retained environmental responsibility for the site, continues to implement interim measures to prevent leachate from entering Little Traverse Bay and work toward a solution that will address the problem permanently.

Tip of the Mitt Watershed Council has been actively involved in the cleanup efforts at Bay Harbor and East Park since the contamination came to light in 2004. We are working to ensure the protection of our Northern Michigan environment, economy, and way of life. The contamination and cleanup is highly complex and intricate and has no easy solution. While the involved parties have collected and analyzed significant amounts of data in an attempt to fully understand the situation, additional data is needed in order to come up with the best long-term viable solution. Based upon the information we currently have, we would like to take the opportunity to tell you what we would like to see come from the cleanup efforts, what we have been doing to help achieve our desired outcome, and what we plan on doing in the future as the cleanup progresses.

Our Goals:

• Zero Leachate Entering Lake Michigan
• Safe Treatment and Disposal

The Watershed Council would ideally like zero CKD leachate entering Little Traverse Bay through various prevention and collection methods along with safe treatment and disposal that meets all water quality standards.

PREVENTION - Prevent leachate from forming

To attain the ultimate goal of zero CKD leachate entering Lake Michigan, a reduction in the volume of leachate created is vital. This can be accomplished by:

• Partial removal of CKD in appropriate locations (This does not entail full removal of the entire 2.5 million cubic yards of CKD due to concerns of increased adverse impacts associated with groundwater contact and disturbance and exposure of CKD piles.)
• Diversion of groundwater before it comes in contact with cement kiln dust
• Capping of appropriate CKD piles to prevent surface infiltration of water

COLLECTION - Collect what leachate cannot be prevented

100% of leachate produced needs to be collected before entering Little Traverse Bay.

TREATMENT AND DISPOSAL - Treat and dispose leachate to meet water quality standards.

All collected leachate is treated and disposed of safely meeting water quality standards to ensure the CKD leachate will not pose long-term threats to the surface and ground water resources of Northern Michigan. We do not support dilution as the sole treatment method for collected leachate.

Our Actions to Date

• Communicating with all involved parties so that we can fully understand the issue and so that we can advocate on behalf of Northern Michigan's waters.
• Educating our members and the public to help them fully understand the situation to increase awareness and effective public participation.
• Enhancing the clean up efforts by providing constructive ideas that result in a net benefit to the ecosystem such as stormwater management and restoration using native vegetation.
• Improving decisions to minimize adverse impacts to the water resources by providing recommendations and expressing concerns that have been incorporated into proposed actions and permit reviews.
• Holding the involved parties accountable to ensure the cleanup process results in the best outcome for the health of our water resources and the Northern Michigan community.

Our Future Involvement

The Watershed Council remains dedicated to protecting our lakes, streams, wetlands, and ground water. You can count on us to be here for the long term to ensure that Little Traverse Bay and all of Northern Michigan's waters are protected for generations to come.

STATUS OF INTERIM CLEANUP EFFORTS AT BAY HARBOR PROPERTIES AND EAST PARK

DATA COLLECTION

• CMS is continuing data collection within the Bay Harbor Properties and East Park that will be used to design a long-term solution.
• The data is used to evaluate chemical and physical properties of the cement kiln dust and groundwater flow which produces the leachate.

BAY HARBOR PROPERTIES

• CMS has installed approximately 2,800 feet of collection lines along the shoreline in front of Bay Harbor properties and is collecting approximately 60,000-70,000 gallons of leachate per day and disposing of it off site. (Approximately 35,000 gallons per day is also collected from East Park.)
• The U.S. Environmental Protection Agency (EPA) has ordered CMS to augment three areas with continued releases of high pH leachate to improve the effectiveness of the interim recovery system.
• A feasibility study outlining potential final remedies is expected later in the year.

EAST PARK

DEEP INJECTION WELL

• On February 7, 2008, EPA and DEQ approved the permit for the deep injection well for disposal of collected leachate.
• The Watershed Council shared concerns with the injection well and provided recommendations to the regulators to address those concerns. The permit was modified to include one of our recommendations for additional monitoring and reporting of the fluids to be injected into the well.
• While the Watershed Council would have preferred to have all of our recommendations included as part of the permit conditions, we do not feel that the appeals process will result in the outcome we desire. This is due to the limitations in the current regulatory process for injection wells.
• Local units of government and other organizations have appealed the approval of the permit, the result of the appeal is unknown at this time.

DISCHARGE OF TREATED LEACHATE TO LITTLE TRAVERSE BAY

• CMS has also applied to the MDEQ for a National Pollutant Discharge Elimination System (NPDES) permit under the federal Clean Water Act to discharge treated leachate to the surface waters of Lake Michigan.
• At this point in time, the application submitted by CMS has been deemed administratively incomplete and additional information has been requested.
• As currently proposed, while treatment would significantly reduce the quantities of chemicals of concern and heavy metals such as mercury, it is unable to lower concentrations enough to meet current surface water quality standards.

LONG-TERM SOLUTION

• As for the long-term final remedy to address the contamination, the Watershed Council believes the solution will have to be a multifaceted approach incorporating a combination of activities to achieve the best outcome for the water resources and citizens of Northern Michigan.
• This entails a full evaluation of all possible alternatives and treatment technology options.

Tip of the Mitt Watershed Council will continue to monitor the situation closely, working with the involved parties to ensure that the cleanup is done properly and thoroughly to protect public health and environmental quality. If you have any questions, please feel free to contact Jennifer McKay at the Watershed Council at 231-347-1181 or by email at jenniferm@watershedcouncil.org.

LINKS OF INTEREST

• Information on Deep Injection Well in Star Township, Antrim County – U.S. Environmental Protection Agency

• History of the Bay Harbor and East Park Properties

• Bay Harbor Lake Assessment
• Summer 2007 Update
• Public Forum Questions and Answers

• FAQ on Bay Harbor Contamination

• Summer 2006 Bay Harbor Update

• Little Traverse Bay Environmental Project sponsored by CMS

• Northwest Michigan Community Health Agency - Health Advisories Issued for Bay Harbor/East Park Area
• Water Quality Report for City of Petoskey

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