escaping environmental hell by r. thun
TRANSCRIPT
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The opinions and views expressed herein are those of Mr. Thun and do not necessarily reflect the views of USEPA, Nevada Department of Environmental Protection, Nevada Department of Wildlife, US Forest Service, Atlantic Richfield Company/BP, Cleveland Cliffs, DuPont, Teck Cominco, Shoshone-Paiute Tribes or any other company, group or person(s) alive or dead.
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Disclaimer
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Rio Tinto Mine Site Settlement ResourcesOn September 27, 2012, EPA, the Department of Justice, and the Nevada Division of Environmental Protection announced a $25 million agreement for the cleanup of the Rio Tinto Mine, an abandoned copper mine in Elko County, NV. Four companies agreed to pay for the environmental project. The state of Nevada will oversee the cleanup with input from EPA and the Shoshone Paiute Tribes of Duck Valley.
The consent decree associated with the cleanup was approved by the United States District Court, District of Nevada on May 20, 2013.
Retrieved from: https://www.epa.gov/enforcement/case-summary-agreement-secures-25-million-cleanup-rio-tinto-mine-nevada
Case Summary: Agreement Secures $25 Million Cleanup for the Rio Tinto
Mine in Nevada
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..endless characterization and data collection requirements...undergone multiple interim actions without a clear path to closure...constant stops and starts or direction changes...lots of private meetings between agency reps and stakeholders.
You might be in environmental hell if your site has…
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Agencies – policy, politics, funding Tribes – duty, restoration, reparation NGOs – duty, righteousness, politics Elected Officials – duty, politics,
reputation Community – family, punishment,
compensation PRPs – cash flow, compliance,
reputation 12.09.16
Causes: Disparate Interests
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Site Location
Rio Tinto Proposed Plan, October 2010
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Pond 2 Pond 4Pond 3FWP
Mill Creek
Heap Leach Pad
Rio
Tinto
Gul
ch
Dry CreekPlant & Town Site
Area B
Area A
Hillside Tailings
SW-2GW-1A
SW-1
Owyhee Rive
r
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Metals loading (primarily copper) into surface water
AMD influence on surface water Ecological impacts to fishery
(Redband Trout) Economic impact to ranching
interests Loss of tribal hunting/fishing
grounds 12.09.16
Areas of Concern
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Note: Total spend = Area under time vs. spend curves
Interim Action Approach
Time
Spen
d
0
CLOSURE
Traditional Remedy Path
SI RI/FS O&MRA
SI
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IA IAInterim Action Path
1986
1996
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What’s The Answer? Area A
RemedyArea B
RemedyMine Pool Remedy
Tribes Total Restoration Likely TBD Likely TBD
EPA Tailings Removal Possible TBD Possible TBD
NDEP Water Treatment Not Likely TBD Not Likely TBD
NDOW Provide Fish Passage Position Unclear Position Unclear
RanchersKeep
Freshwater Pond
Maintain Diversion Position Unclear
USFS Position Unclear Position Unclear Position UnclearProperty Owner
Against Any Remedy Position Unclear Position Unclear
PRPs Unnecessary Unnecessary Unnecessary
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Trustees – Restore Mill Creek Valley and resolve NRD claim.
Agencies – Who’s driving the bus? Property
Owner Ranchers – We need access to clean
water. PRPs – Don’t Blame Me! 12.09.16
Warning Bumps Ahead
– Who’s going to compensate me?
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The Train Wreck
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State lead site would ensure a fair and reasonable approach
Avoid allocation fight
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PRP Strategy Blinders
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Train Is Off The Tracks
Note: Total spend = Area under time vs. spend curves
Time
Spen
d 1986 Interim Action
RD RA O&M ?
1996Interi
m Action
2007Interim Action
SI RI/FS
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Global Settlement PathPRP
Issues• Cost uncertainty• Long term liability• Allocation
Agencies &
Trustees
• Lead Agency / Regulatory Framework
• Past Costs• Redband Trout & Vegetation• NRD
Global Settleme
nt• Federal CD• State Lead
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Remedy - partial removal of valley tailings Restored fish passage and vegetation No mine pool remedial action Phased surface water compliance approach Resolved NRD & Past Costs Resolved 3rd Party Liability (property owners) Maintained State lead CERCLA remedy with covenant not to sue Use of environmental trust and insurance to
satisfy FA12.09.16
Global Settlement
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How Do You Escape Environmental Hell?
Recognize any site can end up in hell. Never discount stakeholders’ interests
and influence on site work or remedy selection.
Learn what the stakeholders “real” concerns are.
Augment your teams with resources experienced in stakeholder relationship management and developing global solutions.
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Adam S. Cohen and Elizabeth H. Temkin (March 3, 2014). The Rio Tinto Mine Site, Elko County, Nevada: A CERCLA Case Study. Superfund and Natural Resource Damages Litigation Committee Newsletter
Retrieved from: https://www.dgslaw.com/?s=Rio+Tinto+Mine+Site
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Additional Reference
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If you would like more information regarding this presentation, or are interested in evaluating a site
strategy, please contact me at [email protected]
Office: 1-661-287-3855
Thank YouWeb: www.bridgeenviro.com