Bay Harbor Update
UPDATE ON THE REMEDIATION AT
BAY HARBOR PROPERTIES AND EAST PARK
July 2010
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 remediation efforts at Bay Harbor and East Park since the contamination came to light. We are working to ensure the protection of our Northern Michigan environment, economy, and way of life. The contamination and remediation 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 tell you our goals for the remediation efforts, how we are working to achieve those goals, and provide an update of recent activities.
Our Goals:
1. Zero Leachate Entering Lake Michigan
2. 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 of collected leachate 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:
- Removal of CKD in appropriate locations
- Diversion of ground water 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 threats to the surface and ground water resources of Northern Michigan. We do not support dilution as the sole treatment method for collected leachate. Treatment and disposal technologies are constantly evolving and emerging. The Watershed Council will be here for the long term to ensure that the most appropriate best available technologies are encouraged now and in the future.
Tip of the Mitt Watershed Council: Working to Protect Our Waters
Tip of the Mitt Watershed Council has been actively involved with this issue for many years through a variety of means. While the public may only see a snapshot of our involvement, we have been and are highly engaged in the remediation efforts on a weekly, if not daily, basis through a multitude of actions such as:
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Reviewing all pertinent documents
- Providing comments, concerns, recommendations, and other ideas on the process to decision makers
- Requesting additional studies and data collection when necessary
- Participating in permit application processes
- Researching and evaluating potential remedial options
- Communicating regularly with all the involved parties
- Educating our members and the public
- Holding the involved parties accountable
- Providing assistance to other organizations and entities that wish to participate in the process
- Acting as a conduit for information exchange between those involved and the public
- Participating in the Little Traverse Bay CKD Regional Stakeholder Group
The regulators and stakeholders from both sides respect our involvement and include us at many levels of decision making. The Michigan Department of Natural Resources and Environment (MDRNE), U.S. Environmental Protection Agency (EPA), and CMS, and others respond to our comments and suggestions and we see results from our involvement. Through these activities and more, the Watershed Council is working to ensure the remediation is done properly and thoroughly.
Status of Interim Remediation 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 ground water flow which produces the leachate.
- In particular, modeling and data collection to measure the concentrations of mercury and other contaminants is underway.
Bay Harbor Properties- CMS has installed approximately 2,800 feet of collection lines along the shoreline in front of Bay Harbor properties
- The EPA ordered CMS to augment three areas with continued releases of high pH leachate to improve the effectiveness of the interim recovery system.
- At the east end, a barrier wall was installed to redirect the leachate into the collection line preventing it from reaching Lake Michigan.
- In the central area, referred to as Pine Court, a targeted well to collect leachate was installed in the golf course.
- In the west end, approximately 10,000-13,000 cubic yards of CKD and soil were removed from the beach. - Additional augmentation, known as the West CKD Leachate Release Mitigation Project, is scheduled to begin July 2010 and the purpose is to deepen the collection line and install a wall that will co-support the collection of leachate and keep out lake water.
- A Remedial Investigation and Alternatives Evaluation document outlining the results of data collection and potential final remedies was submitted to regulators on July 31, 2009.
Village Harbor- Removal actions in the southwest corner were completed in October of 2008.
- A 400-foot stretch of CKD and leachate accumulation along the bottom of the boat channel of Village Harbor Lake was capped.
East Park- CMS completed interim activities including relocation of the eastern most portion of CKD, installation of a collection line along the shore, and installation of a liner over the CKD to prevent surface infiltration of water.
- CMS also installed upgradient ground water diversion wells to prevent ground water from coming in contact with the CKD. These wells are not operational at this time, but are expected to be up and running in the summer of 2010.
- Upon the Watershed Council’s suggestion, CMS installed a stormwater management feature, the Downstream Defender, with Resort Township generously accepting responsibility for future maintenance of the feature.
- Regulators are still evaluating the long-term solutions proposed by CMS for East Park. The regulators granted conditional acceptance of the Remedial Investigation and Alternatives Evaluation document with modifications, but final approval is dependent upon additional monitoring for mercury.
- East Park reopened to the public in June of 2009.
Disposal Options - CMS is currently disposing of all collected leachate at a deep injection well outside of Johannesburg.
- CMS is seeking local disposal options including a deep injection well in Emmet County and on-site treatment and discharge to Little Traverse Bay.
Deep Injection Well- On February 7, 2008, EPA and MDNRE approved a permit for a deep injection well in Star Township, Antrim County. While the Watershed Council did not oppose approval of the permit for the deep injection well, we still have concerns with respect to additional financial assurances and prohibiting the injection of leachate that has not been treated to lower the pH.
- We believe other test wells can and should be drilled to determine if suitable geologic formations exist, thereby, ensuring all potential alternatives are adequately evaluated.
- CMS has submitted a permit application to the MDNRE and EPA for a deep injection well in Emmet County. This application has been deemed administratively incomplete at this time and the agencies have requested additional information from CMS.
- The Watershed Council will review the permit application to determine if the proposed injection well is sound scientifically, complies with current regulatory standards, and avoids and minimizes adverse impacts to surface and ground water. This will entail looking at aspects such as technical integrity of the well, geology, natural resource surface features, monitoring and reporting requirements, financial assurances, zoning, etc.
Discharge of Treated Leachate to Little Traverse Bay- CMS has applied to the MDNRE for two National Pollutant Discharge Elimination System (NPDES) permits under the federal Clean Water Act to discharge treated leachate to the surface waters of Lake Michigan; one permit for East Park and one permit for Bay Harbor Development. Both applications are currently deemed administratively incomplete meaning they are missing vital information needed to process the applications.
- The NPDES application for the Development includes treatment of leachate that can significantly reduce the quantities of chemicals of concern and heavy metals such as mercury. However, it is unable to lower concentrations enough to meet current surface water quality standards and, therefore, requires a variance.
- CMS is also considering treating the leachate and then diluting down to the 1.3 parts per trillion (ppt) water quality standard to eliminate the need for the variance. This would require either amending or resubmitting the NPDES permit application.
- The NPDES application for East Park does not include treatment. Rather, in order to meet the surface water quality standards, CMS is simply proposing to dilute the leachate with uncontaminated water.
Regional Stakeholder Group- A Regional Stakeholder Group has been established, with financial assistance from U.S. EPA’s Technical Assistance Services for Communities (TASC) Program, to represent the interests of the communities and stakeholders, to receive and share information, and to provide advice and input regarding the remediation of the Bay Harbor/Little Traverse Bay Cement Kiln Dust Site.
- The Watershed Council is serving as a member of the Regional Stakeholder Group.
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.
- The Watershed Council wants to see a full evaluation of all alternatives and treatment technology options to achieve the best outcome for the water resources and citizens of Northern Michigan.
Tip of the Mitt Watershed Council will continue to monitor the situation closely, working with the involved parties to ensure that the remediation 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.
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