Wednesday, February 1, 2012

Cleanup OK'd for uranium mine on tribal land

October 1, 2011

The federal government has reached an agreement with one of the world's largest mining companies on a $193 million cleanup of a defunct uranium mine on the Spokane Indian Reservation.

The Spokesman-Review

SPOKANE — The federal government has reached an agreement with one of the world's largest mining companies on a $193 million cleanup of a defunct uranium mine on the Spokane Indian Reservation.

Newmont Mining Co. and its subsidiary, Dawn Mining, will pay for the majority of the restoration costs at the Midnite Mine. The U.S. Department of the Interior will contribute $42 million to future cleanup activities for failing to fulfill federal trust responsibilities to the Spokane Tribe through proper oversight of the open-pit mine.

The Midnite Mine opened in the 1950s to produce uranium for the U.S.-Soviet arms race. Although it closed 30 years ago, members of the tribe remain concerned about the Midnite Mine's ongoing effect on their health and the environment. About 33 million tons of radioactive waste rock and ore remain at the 350-acre site above the Spokane River.

"Today signals a huge milestone in addressing what really is a blight on the landscape in the heart of the Spokane Reservation — not just from a physical standpoint, but from the environmental consequences of the operations there," said Dan Opalski, the Environmental Protection Agency's Superfund director in Seattle.

The proposed consent decree was filed in U.S. District Court on Friday. It's subject to a 30-day public-comment period. If the court approves the decree, the agreement would end years of litigation and kick off two to three years of design work for the Midnite Mine's cleanup. The restoration work itself would require about seven years of construction activity.

"To this day, we don't know all the negative impacts of what that mine did to the land, the animals and the people," Rudy Peone, a tribal council member, said in an interview last spring.

In court documents, the Spokane Tribe has emphasized the land is part of its traditional homeland. The Blue Creek drainage where the mine is located was once used for hunting, fishing and gathering traditional foods, including roots and berries. But two years ago, the federal Agency for Toxic Substances and Disease Registry cautioned tribal members against eating wild game, fish or plants gathered from the drainage, which is a tributary to the Spokane River. The foods could be contaminated with heavy metals or radiation, the agency's report said.

The Spokane Tribe's offices were closed on Friday, and officials could not be reached for comment on the cleanup agreement. An official for Dawn Mining Co. also couldn't be reached.

The Midnite Mine dates to the Cold War era. In 1954, two members of the Spokane Tribe discovered uranium on the reservation. The federal government was offering lucrative contracts at the time to spur domestic uranium production.

Many members of the Spokane Tribe worked at the mine and a mill site in Ford, Stevens County. Mining ceased at the site in 1981, when uranium prices collapsed.

The mine cleanup will include filling two deep, open pits with waste rock and providing a cover that will prevent radon gas from escaping, said Elly Hale, an EPA project manager. The caps also will prevent rain and melted snow from filtering through the radioactive waste rock, reducing the water treatment needed at the site, she said.

Another focus of the cleanup will be lowering the volume of groundwater that flows through contaminated material and eventually ends up in the Spokane River, Hale said. However, some level of perpetual water treatment will be required at the mine, she said.

At the end of the cleanup, an 8-foot fence around the Midnite Mine site will be taken down. Hale said radiation exposure from being on the site should be no different from low, natural background levels found elsewhere on the reservation.

If the cleanup work exceeds the $193 million estimate, Newmont and Dawn will be required to pay the additional costs. The companies are required to post $151 million in performance bonds to ensure the cleanup would continue even if they defaulted on the work.

Deb Abrahamson, founder of the SHAWL Society, is a tribal activist who has spent years advocating for the Midnite Mine cleanup. Securing money for the cleanup is a major milestone, she said recently: "The company is owning their mess."

Ensuring the work is done properly, in a way that protects the cleanup workers' health and creates a site that's safe for people and wildlife, is the next priority, she said. Many of the tribal members who worked at the Midnite Mine and mill site in its early years didn't have proper safety equipment or training, which exposed them to heavy metals and radiation, she said.

With unemployment at 55 percent for tribal members living on the reservation, people are eager for the cleanup jobs. This time around, workers should know the risks and how to protect themselves, she said.

"How the cleanup will occur is important," Abrahamson said. Or, "we're going to have another generation facing occupational exposure to toxins."

Progress made toward cleaning up uranium mine

Progress made toward cleaning up uranium mine

Seattle Times - Nov 6, 2011

The Spokane Tribe of Indians has recently won big victories in its long fight against uranium contamination, including a deal reached this fall between the federal government and mining companies to clean up the long-closed Midnite Mine on the reservation.

By NICHOLAS K. GERANIOS

SPOKANE, Wash. —

The Spokane Tribe of Indians has recently won big victories in its long fight against uranium contamination, including a deal reached this fall between the federal government and mining companies to clean up the long-closed Midnite Mine on the reservation.

In addition, tribal members in September became eligible to receive federal compensation if they became sick while working at the mine.

"It is good news the mining company was finally forced to take responsibility for the mess they've left in poisoning our land and people," said tribal member Deb Abrahamson, founder of the SHAWL Society, which for a decade advocated to clean the mine site and compensate workers who developed cancer and other illnesses.

The U.S. Environmental Protection Agency recently announced a settlement with Newmont USA Limited and its subsidiary, Dawn Mining Co., to spend $193 million to clean up the 350-acre Superfund site where the uranium mine operated.

While Newmont will pay most of the costs, the U.S. Department of the Interior will contribute $42 million for failing to fulfill federal trust responsibilities to the Spokane Tribe through proper oversight of the open-pit mine.

In a statement, Newmont said it is "committed to ensuring a responsible cleanup that is protective of human health and the environment," and that "the remedy in the consent decree will create employment opportunities within the local community," including the Spokane Tribe of Indians.

"We're happy to finally see the light at the end of the tunnel," said Jamie SiJohn, a spokeswoman for the tribe, whose reservation is just northwest of Spokane.

The Midnite Mine operated from 1954 to 1981, providing a key ingredient for nuclear weapons at the height of the Cold War. Up to 500 people worked at a time at the mine, blasting nearly 3 million tons of uranium ore out of the hillsides.

Among the cleanup actions over the next decade will be draining water from two open pits, which are up to 500 feet deep. Also, 33 million tons of radioactive waste rock scattered around the mine site will be moved into the pits, which will then be covered to keep surface water out. Ongoing maintenance will include removal of water that enters the pits.

"The cleanup will bring important environmental protections to residents of the Spokane Indian Reservation, including the control of radioactive mine waste," said Ignacia S. Moreno, an assistant attorney general with the U.S. Department of Justice, in a press release.

Meanwhile, a recently completed epidemiology study of the 2,700-member tribe conducted by the state Department of Health and the Northwest Indian Health Board concluded there were high rates of cancer among tribal members who worked at the mine. That qualified them for federal compensation of between $50,000 and $100,000 per person, Abrahamson said.

It's not clear how many tribal members will ultimately get compensation, as many miners have died and some are declining to file for payments, she said.

The SHAWL Society's task now is to set up a clinic to help people become eligible for compensation, she said. They need to be medically screened and then fill out applications, she said.

The complicated process has been a barrier to compensation for members of some tribes, and Abrahamson is trying to set up a team of attorneys to help Spokanes get qualified.

"That's how the Navajos met success, they had attorneys," she said.

The majority of the workers at the mine were Spokanes or members of other nearby tribes, Abrahamson said.

Women of the tribe have contracted cancer from cleaning the clothes of the men who worked in the mines, Abrahamson said.

Many members of Abrahamson's own family became sick.

"It has really varied on how radiation impacted people," she said. "Some died right after they worked out there in the 1970s. Others have gone 20 to 30 years and then cancer emerges."

Former miners have also suffered from renal failure, rheumatoid arthritis and lupus, she said.

"I'm really hoping that former workers can benefit and that justice, or at least a piece of justice, can happen for them," Abrahamson said.

Another issue is that the federal government compensates workers who labored at uranium mines only through 1971, when it stopped buying uranium for nuclear weapons, she said. The Midnite Mine operated until 1981, selling uranium to commercial nuclear power plant customers. Abrahamson wants to get compensation for people who worked there between 1971 and 1981.

It's been known for some time that the mine site posed serious health risks.

Dawn Mining has long collected and treated water from the site before pumping it into Blue Creek, a tributary of the Spokane River. The treatment, ordered by the federal government, removed radioactive materials and heavy metals.

The federal government also recommends spending no more than one hour a day at the mine site to limit exposure to radiation and radon gas. People shouldn't eat berries or plants gathered from the Blue Creek drainage, where the mine is located, or fish from the creek, according to the Agency for Toxic Substances and Disease Registry. Meat from deer and elk that forage in the drainage could also pose health risks from heavy metals and radiation, the agency has said.

Department of Justice Press Release - Settlement Agreement

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Friday, September 30, 2011

Cleanup Agreement Reached at Former Uranium Mine on Spokane Indian Reservation in Northeastern Washington

WASHINGTON – A settlement agreement has been reached for the cleanup of the Midnite Mine Superfund Site, located on the Spokane Indian Reservation in Northeastern Washington, the Department of Justice and the Environmental Protection Agency (EPA) announced today. The 350 acre site, which is centered around a former open pit uranium mine, poses a potential threat to people’s health and the environment due to the presence of heavy metals and elevated levels of radioactivity.

Under the agreement, filed today with the U.S. District Court for the Eastern District of Washington in Spokane, Wash., Newmont USA Limited, and Dawn Mining Company, LLC will design, construct and implement the cleanup plan for the site that EPA selected in 2006 and also will reimburse EPA’s costs for overseeing the work. Cleanup at the site is expected to cost $193 million. EPA also will be reimbursed for approximately $25 million in costs already incurred. The United States, on behalf of the Department of the Interior, will contribute approximately $54 million toward past and future cleanup activities. Finally, the mining companies have agreed to secure funding that will be available should EPA have to take over the work.

“Under today’s agreement, the mining companies will perform the cleanup of the Midnite Mine. The cleanup will bring important environmental protections to residents of the Spokane Indian Reservation, including the control of radioactive mine waste and the protection of nearby waters from acid mine drainage,” said Ignacia S. Moreno, Assistant Attorney General of the Environment and Natural Resources Division of the Department of Justice. “This settlement means that the long-sought cleanup will be implemented, and gives the Spokane Tribe a role in working with EPA to ensure that the cleanup protects human health and the environment on the Reservation.”

“EPA is committed to ensuring the cleanup of environmental contamination at former mine sites,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will ensure that sufficient funds are available to complete the cleanup of the Midnite Mine site, strengthening environmental protection in Indian Country and protecting the families living on the Spokane Indian Reservation.”

The Midnite Mine operated from 1954 to 1964, and again from 1969 to 1981. As a result of the mining operations, approximately 350 acres of land were disturbed, and numerous waste rock piles and two open mine pits are still present at the site.

According to Dennis McLerran, EPA Regional Administrator in Seattle, today’s agreement means the long-anticipated cleanup work can move forward.

Today’s settlement is great news for the environment and finally gives the Spokane Tribe some certainty,” said Regional Administrator McLerran. “The Tribe has been living with this legacy for too long. EPA is eager to get moving on the cleanup and make the area safe for the families who live and work in the area.”

Actions at the site will include installing a drainage layer and sumps in the two pits left open after mining, consolidating existing waste rock in the pits, and covering the pits to keep surface water out. Ongoing maintenance will include removal and treatment of water that enters from the pit walls.

Officials expect the project’s design phase to last approximately three years, with an additional five to seven years needed to finish construction. Managing contaminated water at the site will continue to be a high priority during construction planning.

EPA will oversee the work to ensure that it follows the cleanup plan and complies with the agreement signed by the parties. The Spokane Tribe, though not a party to the agreement, will support EPA in overseeing the work.

The public now has 30 days to comment on the Consent Decree prior to entry in federal court. The consent decree will be available at www.justice.gov/enrd/Consent_Decrees.html .

More information on the settlement agreement: www.epa.gov/compliance/resources/cases/cleanup/cercla/midnitemine/index.html .

Midnite Mine Video by Jeff Ferguson

Midnite Mine Community Involvement Meeting - Feb 2 , 2012 - Wellpinit Longhouse

MEETING GOALS & OBJECTIVES

§ To review the timelines for the clean-up process

§ To identify opportunities for community engagement during clean-up design phase

§ To develop successful models and protocols for community involvement

§ To update the Community Involvement Plan

MEETING AGENDA

10:00 – 10:45 Invocation

Welcome & agenda review

Introductions & share expectations for the session

10:45 – 11:20 USEPA presentation on clean up process

§ Background and Project Timeline on work completed to-date

§ Community Involvement Timeline, what to expect next

11:20 – 12:15 Group brainstorm on key issues

§ Begin by offering reflections on what facilitator heard in the interviews

§ Identify overarching issues

12:15 – 1:00 LUNCH – Lunch is gratuitous and will be catered and served on-site by a local tribal member.

1:00 –2:15 Group discussion on Community Involvement

§ What are some possible improvements?

§ What are some options for implementation?

2:15 – 2:30 BREAK

2:30 – 3:15 Group discussion on Community Involvement – Cont’d

§ Develop successful model and protocol

§ Update Community Involvement Plan

§ Prioritize, as needed or necessary

3:15 – 4:00 Closing and final thoughts

Summary and next steps

4:00 ADJOURN

State Seeks Stricter Water Quality Standards

November 5, 2011 - Seattle Times

Washington waters are supposed to be clean enough to protect people who eat fish from rivers, streams and lakes, but the state standard assumes people can safely eat less than 8 ounces of fish a month. State environmental regulators think that amount is too low.

The Associated Press

Randy Kinley, a Lummi tribal member, harvests salmon, clams and oysters in Northwest Washington, and eats what he catches about three or four times a week.

Washington waters are supposed to be clean enough to protect people who eat fish from rivers, streams and lakes, but the state standard assumes people can safely eat less than 8 ounces of fish a month.

State environmental regulators think that amount is too low. Many Washington residents likely eat more than the current rate of 6.5 grams a day (0.23 ounces), they say, so they're recommending a fish-consumption rate that would protect people who eat at least 24 times that amount.

How much fish Washington residents consume is important because it helps drive water-quality standards and pollution control. Toxic pollutants such as mercury and polychlorinated biphenyls (PCBs) can accumulate in the flesh of fish and shellfish, so people who frequently eat it can take in harmful toxins.

A higher fish-consumption rate means fewer toxic pollutants would be allowed in state waters — and likely tougher restrictions for polluters.

"Ensuring that the state's environmental standards accurately reflect our citizens' exposure is the next step needed to reduce toxics in our environment and protect public health for Washington's fish and shellfish consumers," Department of Ecology's director Ted Sturdevant said last month.

Washington's current fish rate was developed in the mid-1980s and doesn't reflect that residents likely eat much more, officials said.

Oregon recently adopted one of the nation's toughest water-quality standards, after determining Oregonians eat about 175 grams of fish a day, or about 23 8-ounce fish or shellfish meals a month. That rate, approved by the U.S. Environmental Protection Agency last month, is the highest for a U.S. state.

Washington officials suggest a fish-consumption rate between 157 to 267 grams per day, based on the results of four previous surveys that looked at the fish diet of several tribes and Asian and Pacific Islanders. Ecology is seeking public comment through Dec. 30.

State officials say they want a fish-consumption rate that protects all Washington residents who eat fish, including the general population and individuals who eat a lot of fish, such as Native Americans, Asian and Pacific Islanders, and some recreational fishers.

Many tribes already have much higher fish-consumption rates and water-quality standards that apply to tribal waters. The Spokane Tribe, for example, set its rate at 865 grams a day (30.5 ounces), one of the highest in the nation. The state's standard would apply to nontribal state waters.

Several tribes say the current state rate doesn't reflect the important role that fish and shellfish play in the diet and culture of tribal members.

Charles O'Hara, planning director for the Swinomish Tribe near La Conner, Skagit County, said most tribal ceremonies, funerals or important occasions focus around salmon and other seafood.

"If you look at the current rate of 6 grams, it's pretty ridiculous," he said. "To be setting standards on such an unrealistic number ignores reality." The rate "should account for the people who eat the most," he added.

Tribes, including the Lummi and Swinomish, are doing their own surveys to find out how much fish tribal members eat. The results will help ensure the state's criteria protect the health of tribal members, they say.

Washington officials have closely watched Oregon's process.

"We want to use all the information they gained through their process," said Cheryl Niemi, a water-quality specialist with Ecology. "We're not Oregon, so we'll have different stakeholders. Any new information we get here, that will be thrown in the mix."

The Northwest Pulp & Paper Association is waiting to see what happens in Washington and how it will impact jobs, said Chris McCabe, the group's executive director. "Our main goal is to seek reasonable and cost-effective solution to this issue."

Progress Made Toward Cleaning Up Uranium Mine

The Spokane Tribe of Indians has recently won big victories in its long fight against uranium contamination, including a deal reached this fall between the federal government and mining companies to clean up the long-closed Midnite Mine on the reservation.

Associated Press

SPOKANE, Wash. —

The Spokane Tribe of Indians has recently won big victories in its long fight against uranium contamination, including a deal reached this fall between the federal government and mining companies to clean up the long-closed Midnite Mine on the reservation.

In addition, tribal members in September became eligible to receive federal compensation if they became sick while working at the mine.

The U.S. Environmental Protection Agency recently announced a settlement with Newmont USA Limited and its subsidiary, Dawn Mining Co., to spend $193 million to clean up the 350-acre Superfund site where the uranium mine operated.

While Newmont will pay most of the costs, the U.S. Department of the Interior will contribute $42 million for failing to fulfill federal trust responsibilities to the Spokane Tribe through proper oversight.