Bay Harbor Update

UPDATE ON THE CLEANUP AT BAY HARBOR PROPERTIES AND EAST PARK
June 2007

Summer is always a busy time of the year and this is no exception for all the involved parties working on the 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 collection includes wells throughout the impacted areas to evaluate chemical and physical properties of the cement kiln dust and groundwater flow which produces the leachate. Additionally, CMS will be installing wells this summer to determine the effectiveness of the collection lines installed last year.

BAY HARBOR PROPERTIES

CMS is expected to submit the results of the data collection and the proposed long-term solutions to the EPA and DEQ in the fall of 2007.

EAST PARK

CMS is working to complete the interim activities in East Park. The interim measures include relocation of the eastern most portion of CKD, installation of a collection line along the shore, and installation of a liner over the CKD pile. During the 2007 summer season, CMS will be restoring the east and west sides of the park by importing and grading sand, rooting soil, seeding the areas and restoring the shoreline including repairing riprap. Regulators are still evaluating the long-term solutions proposed by CMS for East Park and, to date, a final remedy has not been approved.

BAY HARBOR LAKE

A Bay Harbor Lake assessment was recently completed through a collaborative effort with the U.S. EPA, U.S. Fish and Wildlife Service, Michigan DEQ, Little Traverse Bay Bands of Odawa Indians, the Northwest Michigan Community Health Agency, the Michigan Department of Community Health, CMS, Bay Harbor Company, and Tip of the Mitt Watershed Council. The purpose of the assessment was to determine if cement kiln dust (CKD) or CKD leachate is present within or impacting Bay Harbor Lake. The study included shoreline surveys, dive surveys, and identification of algae. The visual and water quality monitoring results of these field activities showed no evidence of the presence of CKD or CKD leachate within Bay Harbor Lake. For more information on the Bay Harbor Lake Assessment, visit http://www.epa.gov/region5/sites/littletraverse/.

DISPOSAL OPTIONS

Nearly eighty years of cement manufacturing and mining at what is now Bay Harbor and East Park left an estimated 2.5 million cubic yards of cement kiln dust (CKD) waste. Common practice at the time, disposal of the waste entailed placement into the mined quarries. As a result of these disposal activities, the properties are now undergoing a multi-million dollar cleanup to prevent leachate, a contaminate formed when water comes into contact with the CKD, from entering Little Traverse Bay. As part of the ongoing cleanup efforts, the question of disposal methods is again being determined, this time for the collected leachate. CMS has recently applied for state and federal permits for two methods of disposal: a deep injection well to be located in Antrim County and discharge of treated leachate into Lake Michigan.

One pending permit application for disposal is to inject the collected leachate between 2,150 - 2,450 feet below the surface in Star Township in Antrim County. The closest available source of drinking water is located at approximately 900 feet. According to governmental reports on existing deep injection wells, IF properly operated and maintained, they pose minimal threat to our surface and groundwater resources. The EPA and DEQ held a joint public hearing on June 13, 2007 to hear from the citizens. Because safeguarding our waters is paramount to our mission, the Watershed Council has thoroughly reviewed and filed comments on the permit application and provided testimony at the public hearing. We are working to ensure that the proposal complies with current regulatory standards and that any adverse impacts to surface and groundwater are prevented. Click here to review the Watershed Council's comments on the proposed deep injection well.

The other permit application before regulators includes treatment of collected leachate at nearby treatment plants, owned and operated by CMS, and discharge to the surface waters of Lake Michigan. Under existing law, this discharge would require a permit under the National Pollutant Discharge Elimination System (NPDES) program established under the federal Clean Water Act and as administered in Michigan by the Department of Environmental Quality (DEQ). While the 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 water quality standards. Therefore, the quantities of pollutants that would be directly entering Little Traverse Bay from the discharge may continue to pose adverse impacts to the health of the aquatic ecosystem.

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 the Watershed Council at 231-347-1181.

LINKS OF INTEREST


Tip of the Mitt Watershed Council Policy and Advocacy Team

Gail Gruenwald, Executive Director/Staff Attorney
231.347.1181 ext. 103
gail@watershedcouncil.org

Grenetta Thomassey, Ph.D., Policy Director
231.347.1181 ext. 115
grenetta@watershedcouncil.org

Jennifer McKay, Policy Specialist
231.347.1181 ext. 114
jenniferm@watershedcouncil.org

Marci Singer, Communications Specialist
231.347.1181 ext. 118
marci@watershedcouncil.org


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Tip of the Mitt Watershed Council
426 Bay Street
Petoskey, Michigan 49770

Phone: (231) 347-1181
Fax: (231) 347-5928
email: info@watershedcouncil.org

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