The Evolution of Mining Reclamation and Regulation in the San Juan Mountains Mark Walker Technical 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 2

The Early Years of Mining Reclamation Superfund & the NPL Clear authority for sites where there is an imminent threat to people Must score 28.5 on the HRS 3

Cleanup Approach Usually very large sites, complex cleanups Water treatment (often) at the end of the tunnel NPDES Permitting 4

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 5

Local Example Idarado Not a “true NPL site” $20 M Direct Revegetation Performance Goals – Coverage – Diversity – Water quality 6

The Next Generation of Regulation 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 7

Cleanup Approach Contour Cap Revegetate Divert Adit Drainage around piles Risk-based cleanups Columbia Tailings Rico, CO

Local Example; Silver Bell Tailing Pile (Ophir) Before After 9

Shortcomings of VCP Inability to address large sites Enforcement authority?? No Good Samaritan Clause 10

The Next Generation of Regulation 1990 – Present Community Based Stakeholder Groups Motivated citizens and PRP’s and agencies collaborate to prevent NPL listing of the site 11

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 12

Local Example; Animas River Stakeholders Silverton 13

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? 14

The Current Generation of Mining Reclamation; Present Collaboration and Innovative Uses of Regulatory Authority Targeted Listings Non Time Critical Removals – OSC’s & CERCLA Authority Collaboration – Public-Private Partnerships – Interagency 15

Cleanup Approach; Tools Used Segregating dirty from clean water Environmental covenants 16

Problems Good Samaritans still not motivated to participate…liability fears Citizen suits under the Clean Water Act 17

Local Case Example Caribbeau 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 18

What is Next? 2015 and Beyond True Good Samaritan Act True walk-away technologies that better mimic natural processes 19

20 QUESTIONS?