PUBLIC FORUM: BAY HARBOR GOLF COURSE AND EAST PARK

HISTORY

The following questions were posed at a Public Forum hosted by Tip of the Mitt Watershed Council. The responses were provided by representatives from: U.S. Environmental Protection Agency (EPA), Michigan Department of Environmental Quality (MDEQ), Northwest Michigan Community Health Agency (NWMCHA), Little Traverse Bay Bands of Odawa Indians (LTBB), CMS Land Company, Bay Harbor Company, and the City of Petoskey.

1. Why did the State not require the cement kiln dust piles to be originally moved when the contamination was initially discovered in 1988?
Response from DEQ: In 1988, the DNR, now the DEQ, had two sources of test data to evaluate the issue of whether there was a scientific health-based reason to move the CKD piles. The DEQ had several chemical leach test results for CKD from the property that showed it did not leach metals above any health-based or environmental standard. The DEQ had water samples near the base of one CKD pile that showed levels of lead, nickel and copper just above water quality standards for the protection of surface water, but not above any health standard, including drinking water or direct contact. Surface water often contains trace amounts of metals and, therefore, it is difficult to determine exactly where the metals in surface water originate because metals can enter surface water from many sources including native soil, native bedrock, such as limestone, and man made sources, including atmospheric deposition. The leach test results made it clear, at that time, that CKD was inert and, therefore, there was no science-based reason to move the piles.

2. The MDNR conducted an investigation five days after the Designation of Inertness was granted which showed evidence that the cement kiln was most likely the contributing factor to the contamination. When the problem was realized, why wasn't the Designation invalidated?
Response from DEQ: During this period of time, the chemical leach test results were considered conclusive, as well as meeting the statutory requirements to determine if a substance is inert. As explained in response #1, surface water test results were not conclusive because of the unknown origin of the metals, and the metals were slightly above water quality standards for discharge to surface water. It was not clear that metals found in surface water were linked to the CKD piles. The chemical leach test results for the CKD showed it did not leach and, thus, it was declared to be inert.

3. What process was used by the City of Petoskey Wastewater treatment plant to remove the heavy metals before the pretreatment facility was constructed?
Response from DEQ: Metals are managed by the City of Petoskey as part of the treatment process of liquids and solids received at the wastewater treatment plant. Metals naturally tend to bind up with solid substances. Metals received as wastewater end up in the solids or residuals of the wastewater treatment plant and are managed as part of the solids program by the plant under a plan approved by the DEQ. Any remaining metals are diluted out by a discharge of approximately one million gallons per day, and do not normally exceed permit standards for discharge. The DEQ Water Bureau staff inspects the wastewater treatment plant once or twice per year.

4. How and why did the Tribe become involved with the contamination?

5. Why was so much excavation work done to shape the golf course areas?
Response by Boyne USA, Inc.: The Bay Harbor golf course(s) project would not have happened had we not been able to do the excavation work required to shape and create layout of such distinction. Much of the required movement was in effort to collect and consolidate thousands of random CKD piles and allow for better control of their disbursement. This movement and consolidation was carried out at the very top/surface level only.

6. Didn't the excavation activity conducted on the golf course stir, disperse, and otherwise disturb the CKD to enhance groundwater leachate concentration?
Response from DEQ: The physical disturbance of the CKD would not contribute to enhancing the generation of leachate or groundwater contamination. This is because the generation of leachate is a chemical process and not a physical process. The minimal physical disturbances to the CKD piles at Bay Harbor would not change the CKD's chemical composition or its leaching potential.

7. If in June 1989, it was determined CKD had no connection with leachate contamination in the Bay, what changed with the Bay Harbor development that caused the massive contamination now?
Response from DEQ: The reason CKD was found to not leach has more to do with the reliability of the leach test method than any changes or activities at Bay Harbor. Simply put, the leach test results were negative for CKD in 1989. Today, CKD would still produce a negative leach test result using the same test method. What is different is we now know the test method is not reliable for determining whether CKD leaches metals. We do know that CKD does leach metals and often has a high pH. It can be reasonably ascertained that the contamination has been ongoing since CKD was first disposed on the property some eighty years ago.

8. Why didn't the City of Petoskey report the line shut down?

9. Why did 7 months go by before the shut down was discovered?

10. What was the highest pH in the past?
Response from EPA: A pH of 13.5 was measured at a seep at the Seep 1 area that was exposed during the construction of the road down to the beach. Over the past year, the highest pH measured in groundwater has been 13.4. pH measurements in the lake and in pools on the beach have been highly variable and transitory, meaning that pH measurements taken at one time of day vary from pH measurements taken in the same location at another time of day. The highest pH measurement taken in the last year in a pool on the beach has been 12.8. The highest pH measurement taken in shallow lake water in the last year has been 12.1.

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