HomeMy WebLinkAboutDERR-2024-007697Email No. 0401
From: [kathy van dame]
To: <nrdtrustee@utah.gov>
Date: Mon, Jul 26, 2004 4:40 PM
Subject: comments revised documents NRD
Thank you for the opportunity to comment on this action. I look forward to
seeing the response document.
Peace,
Kathy Van Dame
Wasatch Clean Air Coalition
1148 East 6600 South #7
Salt Lake City, Utah 84121
(801) 2615989 [email address]
***********************************
1. Any approved agreements should contain provisions allowing for the use
of new technologies. At the July 14 hearing, one proposal was given for an
advanced distillation technology that would have zero discharge.
There may be other opportunities that will provide superior environmental
performance to deposition of reverse osmosis byproduct water either in the
tailings impoundment or the GSL. We should not allow this process to
"grandfather" proposals that are no longer "state of the art".
*************
2. Efforts should be made to recharge the contaminated aquifer with high
quality water. Reportedly the only recharge currently occurring is from
irrigation canal water, which can contain fertilizers, pesticides and other
contaminants. This water is not high quality water and presents the risk of
introducing different contaminants to the current problem. This could
imperil the third requirement of the Proposal to the NRD Trustee at 3.1, pg
11: Remediate the aquifer over the long term.
***************
3. The sentence after Table 5.2B pg 15 states:
JVWCD will monitor metals in the shallow aquifer wells. This monitoring
will be done on a quarterly basis for five years and a yearly basis thereafter.
These results will be reported to DEQ on an annual basis showing the trends
of all previous data collection. This data will enable the tracking of metals
Response to Email No. 0401
11: See the Response to Common Comment No. 4.
The Trustee’s approval of the project as proposed does not preclude the
future adoption or new or improved treatment technologies that would
benefit the project.
12: See the Response to Common Comment No. 2. As noted during the
characterization work, draw downs on the water levels are predicted and
necessary to gain containment of the contaminated water in Zone A.
Predicted draw down impacts in Zone B are less severe than those in Zone
A.
The requirement in the Consent Decree to “remediate the aquifer over the
long term” was set for the contaminated water, not water levels. However,
the Trustee has worked with the proposing parties to address water level
reductions and subsequent impacts to water right owners in the Affected
Area. See the Response to Common Comment No. 10.
Reinjection of water was preliminarily investigated during the project
characterization work, and may be pursued by the project proponents in the
future.
13:The project proponents have recommended to the Trustee that they
sample the feed water delivered from the proposed shallow water wells
located in Zone B, as a means to assist in the evaluation of potential
dissolved metals migration from the Sharon Steel Superfund site nearby.
The monitoring point is located right before the blended water from these
wells enters the plant as the feed water. If metals detection takes place
above inappropriate levels, the project personnel will be able to
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Email No. 0401 (cont.)
migration into JVWCD's shallow wells if it occurs.
COMMENT A. This should state
JVWCD will monitor metals in EACH shallow aquifer well....
If something less that sampling each well for metals is adequate, the basis
for that finding should be publicly evaluated. If not the requirement should
specify that each well be sampled.
COMMENT B. These results should be reported to DEQ WITHIN 30
DAYS OF SAMPLING EVENT showing the trends of all previous data
collection. The results of the sampling should be reported promptly to
DEQ, where the values will be evaluated by disinterested parties, and will
be available to citizens under GRAMA rules.
***********************
The second bullet point after Table 5.6B pg 20 states:
× JVWCD may only deliver 1000 acre feet of concentrates per year,
determined on a five year rolling average basis, with no more than 1100
acre feet delivered in any calendar year.
COMMENT
The integrated design proposed to send 974 AFY to the tailings
impoundment. This leaves ver y little leeway if the RO efficiency is not
85% (as reportedly is happening in Zone A). The proposal should spell out
what remedy will be applied if RO efficiency slips, and the potential exists
of exceeding the 1000 AFY rolling 5 year. The lack of wiggle room here
may set the integrated design up for failure.
******************
Response to Email No. 0401 (cont.)
13 (cont.):assess from which well the increase concentration is coming
from. Also note, that other monitoring wells associated with the remedial
work performed at the Sharon Steel site will be able to first detect the
migration of contaminants off the Sharon Steel site, prior to this proposed
monitoring component.
The submission of sampling results within a specified time frame is guided
by permitting requirements or negotiated terms. In the case of this proposed
sampling component, the project personnel recognized that the Sharon Steel
site had a monitoring requirement of quarterly samples. The proposed
sampling of the shallow aquifer feed water to the Zone B RO plant was
considered to be secondary in terms of priority for assessing metals
migration. The monitoring results collected quarterly at the Sharon Steel
site, and quarterly for the first five years then yearly thereafter (for this
proposed project) will be compiled and evaluated by the DEQ and other
project personnel for the Sharon steel site and this proposed project.
Under the State of Utah GRAMA rule, this data and other data collected for
the proposed project is always available to the public. The DEQ and other
project personnel will not be the only group evaluating this data as it
develops. The TRC for the Kennecott Southend site, and the “Citizens for a
Safe Future for Midvale”TAG group for the Sharon Steel site will be
evaluating this data as well.
14:The project proponents have taken measures to work within the
receiving facility’s design and operational constraints, by evaluating and
balancing the production volumes of concentrate and permeate from the RO
facilities. This balancing has been performed to assure the ability to contain
and reduce the plumes while managing (appropriately) the waste stream
produced after treatment.
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Email No. 0402
From: [Craig Buschmann]
To: <nrdtrustee@utah.gov>
Date: Fri, Jul 30, 2004 5:18 PM
Subject: Water Treatment Waste in GSLmember letter
Dear Trustees:
_____
As an avid recreationist on the Great Salt Lake I am concerned about the
proposal by Kennecott and the Jordan Valley Water Conservancy District
(JVWCD) to discharge waste removed by the water purification process
into the Great Salt Lake. I request that more appropriate alternatives be
analyzed and that permission not be granted to add pollutants to the Great
Salt Lake ecosystem.
I am concerned about the preservation of the Great Salt Lake's physical
environment, aesthetic appeal, and the long term economic impacts this
proposal (and future proposals that might follow such a precedent as this)
may have. The Great Salt Lake contributes to my quality of life and I expect
that it will contribute much more so to future generations of valley residents
as its recreational potential is realized. In the past two years rowing has
expanded more than fivefold, from about twenty Great Salt Lake Rowing
(GSLR) club members to well over 100 new rowers.[1] Many are teenagers
training through four new high school clubs (West, Rowland Hall,
Waterford, and Judge),[2] as well as a club at the University of Utah. We
expect this rapid growth rate to continue over the next several years as
collegiate programs expand throughout the country.[3]
As rowers on the Great Salt Lake we come in contact with the water
Response to Email No. 0402
21: See the Response to Common Comment No.’s 4 and 5. Also, See the
Response to Common Comment No. 7.
22: See the Response to Common Comment No. 9.
23: See the Response to Common Comment No. 9.
24: Under the UPDES (Utah Pollution Discharge Elimination System)
permit program, proposed discharges are evaluated for their specific
criteria. The UPDES permit is tailored for discharges depending on the
waste streams and the body of water in which the discharge is proposed to
enter.
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Email No. 0402 (cont.)
frequently. Beginner rowers often turn over in the lake and some rowers
have been known to accidentally swallow mouthfuls of the brine. During
regattas we wade into the water to trade boats and some people occasionally
swim in the lake, as was once so popular. People are already nervous about
the flies on the lake; additional lake contaminants that might keep them
away are not needed.
The proposal states that "KUCC proposes to discharge the RO (Reverse
Osmosis) concentrate directly to the Great Salt Lake," with further direct
discharges "to the Great Salt Lake of the concentrate streams from the Zone
A Plant and, if applicable, the Zone B Facilities and Lost
Use Facilities," "if for any reason the concentrate stream cannot be managed
within the tailings disposal system."[4]
KUCC acknowledges concerns and suggests that other alternatives may be
found if necessary, stating: "If one or both of the concentrates is not suitable
for direct discharge, then alternative disposal will be needed."[5] I request
that additional alternatives be studied and a more appropriate disposal
solution be approved before passing this proposal.
This concentrated waste includes Selenium which is a bioaccumulate
metal[6] that has been shown to travel through food chains and cause
deformities, birth defects and death in secondary and tertiary consumers
such as birds and humans. (Brine shrimp embryos are collected and sold to
aquicultural shellfish farms which are grown for human consumption.)
Furthermore,as a person using the Great Salt Lake for recreation, I am
concerned about the potential impact these contaminants may have on my
health and the health of our children. The National Institutes of Health and
Response to Email No. 0402 (cont.)
25: Selenium has not been shown to cause deformities, birth defects, and
death in humans. However, it does have a toxicity effect of wildlife
especially avian species in contact with this particular contaminant.
Selenium is an essential trace element for humans. It is an integral part of
enzymes, which are critical for control of the numerous chemical reactions
involved in the brain and body functions of humans. The NAS has set a
Recommended Dietary Allowance (RDA) of approximately 70 and 55
µg/day for North American adult males and females. These selenium
requirements increase during pregnancy and lactation. Selenium
requirements for infants and children are higher than adults but vary
according to age.
Selenium has a variety of functions for humans. The main role is as an
antioxidant in the enzyme seleniumglutathioneperoxidase. This enzyme
neutralizes hydrogen peroxide, which is produced by some cell processes
and would otherwise damage cell membranes. Evidence exists that
selenium may play a role in cancer prevention, but better studies are needed.
There has even been mixed results regarding selenium’s impact on
cardiovascular disease.
Although there is not a definable threshold for Selenium toxicity for
humans, concentrations that exceed four to five times the maximal levels of
mineral supplements have been identified to have a toxic response.
Therefore, selenium concentrations in the Great Salt Lake water (as
suggested) will not exceed concentrations that would be toxic to humans.
Fish, shellfish,red meat, grains, eggs, chicken, liver and garlic are all good
and recommended sources of selenium. The amount of selenium in
vegetables is dependent on the selenium content of the soil.
For the concern about toxicity to wildlife, see the Response to Common
Comment No. 9.
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Email No. 0402 (cont.)
the U.S. National Library of Medicine state that while "the amount of
selenium that would cause toxicity in humans is not known[,] [e]xcess
selenium intake can cause problems with the strength of teeth and the tooth
enamel. Other problems may include loss of teeth, hair, and nails. Skin
inflammation, nausea
http://www.nlm.nih.gov/medlineplus/ency/article/003117.htm, and fatigue
http://www.nlm.nih.gov/medlineplus/ency/article/003088.htm can also
occur."[7] I feel that a prudent public health policy avoids needlessly
exposing people, especially developing children and teenagers, to such
contaminants. Finally, the Great Salt Lake is a terminal lake basin, which
means that inorganic pollutants become ever more concentrated as
evaporation occurs and accumulate indefinitely over time. The pollutants
introduced to the lake today will be with us forever.
In summary, I request that alternatives be studied which will not degrade
the Great Salt Lake environment and that this type of precedent not be set,
which might make this amazing environment less popular among residents
and tourists, and less productive for wildlife.
Sincerely,
Craig Buschmann
Law Clerk
TraskBritt, P.C.
P.O. Box 2550
Response to Email No. 0402 (cont.)
25
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Email No. 0402 (cont.)
Salt Lake City, UT 84110
(United States of America)
Tel: +1 (801) 9948753
Fax: +1 (801) 5319168
www.traskbritt.com [email address]
The information in this email and any attachments is privileged and
confidential and is intended for the addressee(s) only. Reading, copying,
disclosure or use by anybody else is unauthorized. If you are not the
intended recipient, please delete this message and any attachments and
advise the sender by return email.
_____
[1] GSLR introduced over 80 new rowers to the sport on the National Learn
to Row Day in 2003 (the largest number of any club in the nation), and a
further 45 new rowers in 2004. Bonneville Rowing Club, also located on
the Great Salt Lake, includes even more rowers.
[2] During the spring 2004 racing season, Rowland Hall's club team
numbered 16 teenagers, West High School 26, and Waterford 10. Judge
High School is starting a program in the fall of 2004; Janet Rae Brooks,
Rowers Inaugurate Lake Sprints, The Salt Lake Tribune, May 26, 2004, at
Response to Email 0402 (cont.)
Email No. 0402
B1. Colorado Junior Crew traveled to Salt Lake City for the Brine Shrimp
Sprints, contributing tourism dollars to the state as well as spreading the
word about Utah and Utah rowing to family and friends.
[3] Julie Macur, Never Rowed? Take a Free Ride, N.Y. Times, May 28,
2004, at D1.
[4] Kennecott Utah Copper Corp. & Jordan Valley Water Conservancy
Dist., Proposal to the Utah State NRD Trustee and USEPA CERCLA
Remedial Project Manager for a Groundwater Extraction and Treatment
Remedial Project in the Southwestern Jordan Valley 17,19 (2004).
[5] Id. at 25.
[6] Steven Angelo, M.D., Selenium in Diet (last modified Jan. 19, 2003)
http://www.nlm.nih.gov/medlineplus/ency/article/002414.htm.
[7]Id.
Response to Email No. 0402
Email No. 0403
From: [Peter Maier]
To: <nrdtrustee@utah.gov>
Date: Sat, Jul 31, 2004 1:21 PM
Subject: Comments on Southwest Jordan Valley Groundwater
Cleanup.
To: NRD Trustee, Utah Department of Environmental Quality.
From: Peter Maier, PhD, PE
Date: July 31, 2004
Comments: Southwest Jordan Valley Groundwater Cleanup Project.
Although the discharge into the Jordan River has been eliminated, there still
are some basic questions that in my opinion have not been answered.
Question 1:
Recent USGS studies indicate the shallow groundwater in the Valley is
contaminated. Except for Zone B and Lost Use separated design, the
treatment proposal is only filtration and disinfection. In light of the
Response to Email No. 0403
31:The proposed treatment operation for addressing the treatment of feed
water derived from the shallow aquifer in Zone B has been evaluated by the
DDW and will require the issuance of a drinking water permit from the
DDW prior to the delivery of municipal quality water to the public in the
Affected Area. This permit requires the development and completion of a
pilot study and its evaluation, followed by plan review and approval of the
water treatment plant by the DDW to assure the produced water meets the
State of Utah's primary and secondary drinking water quality standards. In
addition, the system is required to establish protection areas for these
sources, using aquiferspecific data, and submit a plan to the DDW that will
identify existing potential contamination sources (PCSs) within the
protection areas, and propose a mechanism to reduce the risk of
contamination from these PCSs. The system is also required to address the
possibility of contamination sources that could come into existence in the
future, and propose mechanisms to manage possible risks from those
sources. DDW believes that the combination of these different programs
will enable the system to provide drinking water that meets or exceeds all
relevant standards.
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Email No. 0403 (cont.)
potential pollutants (as indicated by USGS), the proposed treatment may not
be adequate, although (due to incomplete test data) may meet the State's
drinking water standards.
Question 2:
While extracting deep and shallow groundwater, this extracted groundwater
will be replaced. The question is from what source?
If it is replaced with the shallow contaminated groundwater, this may cause
more problems for the future than this project will solve.
Is the water quality of the replacement water known?
Question 3:
The RO concentrate from Zone A and Zone B/lost use minimum integrated
design, is discharged in the KUCC tailing impoundment.
Along Rd 201 these tailing pond, via drainage pipes, drain into a ditch. I
am not familiar with how these ponds operate and where the water in these
collection ditch end up, but when they have such these tailing ponds can not
be considered 'evaporation' ponds and the question thus is what happens to
the pollutants that are dissolved and leave the tailing ponds via these drains?
Is there any data available to the public regarding what happens to dissolved
solids in these tailing ponds?
Response to Email No. 0403 (cont.)
32: See the Response to Common Comment No. 2. As noted during the
characterization work, draw downs on the water levels are predicted and
necessary to gain containment of the contaminated water in Zone A.
Predicted draw down impacts in Zone B are less severe than those in Zone
A.
The requirement in the Consent Decree to “remediate the aquifer over the
long term” was set for the contaminated water, not water levels. However,
the Trustee has worked with the proposing parties to address water level
reductions and subsequent impacts to water right owners in the Affected
Area. See the Response to Common Comment No. 10.
Reinjection of water was preliminarily investigated during the project
characterization work, and may be pursued by the project proponents in the
future.
33: See the Response to Common Comment No. 7.
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32
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Email No. 0403 (cont.)
Conclusion:
The entire project should be reevaluated if answers to these essential
questions are not available. In case the recuperation of lost groundwater as
a drink water source is so important, the Kennecott's money should be spent
on treating surface water that now flows into the Great Salt Lake and
Kennecott should be forced to come up with a better solution of the
problems it has caused.
The NRD Trustee, neither The Jordan Valley Water Conservation District
should have assumed any liabilities caused by Kennecott's groundwater
contamination. By offering a solution and accepting funds, they also
became liable and accountable if the proposed solution for the groundwater
cleanup fails.
Peter Maier, PhD, PE
44 Lakeview
Stansbury, UT 84074
(435) 8825052
[email address]
CC: Friend of the Great Salt Lake and others.
Response to Email No. 0403 (cont.)
34:The Trustee believes that questions raised have been adequately
addressed.
35: Comment is noted.
36: See the Response to Common Comment No. 12. Also, see paragraph
IX.K of the 3Party Agreement. The NRD Trustee does not assume
liabilities of Kennecott or the District.
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Email No. 0404
From: [SW Regional Office]
To: <nrdtrustee@utah.gov>
Date: Mon, Aug 2, 2004 4:11 PM
Subject: Commenting from Sierra Club on KUCC/JVWCD
proposal
Dear Dr. Nielson:
Enclosed are the Utah Chapter of the Sierra Club's comments on the
KUCC/JVWCD groundwater cleanup proposal. We have included a .doc
attachment, as well as pasted it in the text message. Please also note that we
are sending these comments to you via U.S. Postal Service.
Thank you,
Utah Chapter of the Sierra Club
Dr. Dianne R. Nielson, NRD Trustee
Utah Department of Environmental Quality
P.O. Box 144810
Salt Lake City, UT 841144810
Dear Dr. Nielson:
Thank you for the opportunity to comment on the Kennecott Utah Copper
Corporation (KUCC) and Jordan Valley Water Conservancy District
(JVWCD) Proposal for a Groundwater Extraction and Remediation Project
in the Southwestern Jordan Valley.
These comments are submitted on behalf of the Utah Chapter of the Sierra
Response to Email No. 0404
Email No. 0404 (cont.)
Club. The Sierra Club is a national conservation organization, and our
approximately 5,000 Utah members have a great interest in the ecological
integrity of both the Great Salt Lake and the groundwater in Jordan Valley.
The Sierra Club believes that the goals of the Project are admirable, and
supports the efforts to clean up the aquifer. However, due to the Project’s
proposals to move the contaminants out of the ground and into the Great
Salt Lake and/or the North Tailings Impoundment, we urge the Trustee to
consider more peerreviewed research and science before allowing the
construction of any pipelines or other Project infrastructure to take place.
The Sierra Club’s support for the Project is contingent upon addressing the
following concerns related to both the Zone A and Zone B contaminant
discharge:
JVWCD Preferred Alternative (Zone B and Lost Use Separate Design)
Selenium Study and Cumulative Impacts
We commend the DEQ for undertaking a twoyear study to determine a
selenium standard for the Great Salt Lake (GSL). In order for the studies to
be scientifically sound, all sources of selenium, its cumulative impacts, and
eventual fate in all forms must be thoroughly studied and peerreviewed.
1) Look at cumulative discharges of selenium, not just from the Zone B
source, but also from Zone A discharges (both directly into the GSL and
from the tailings pond) and Kennecott North End selenium discharges, in
order to reflect accurately the level of contamination. In addition, total the
past, present, and anticipated future amounts of selenium discharge into the
GSL.
2) Account for the GSL’s low volume levels when setting the selenium
Response to Email No. 0404 (cont.)
41: See the Response to Common Comment No. 3.
42:The comment is noted. See the Response to Common Comment No. 9.
Also, see the Response to Common Comment No. 7.
43: See the Response to Common Comment No. 9. Concerns No. 1 to 6
will be passed along to the Great Salt Lake Water Quality Steering
Committee for assessment.
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Email No. 0404 (cont.)
standard. A recent High Country News article indicated that the area of the
GSL is presently 1200 square miles, while in 1987 it measured 3300 square
miles. With such wide fluctuations, the amount of contaminants allowed
into the GSL should not be a static number based on high or average GSL
levels.
3) Examine synergistic reactions between selenium and other metals or
compounds discharged or present in the GSL. Selenium will potentially
conspire with other heavy metal precipitates from the Zone A discharge and
amplify ecological degradation and GSL toxicity. The effects of these
metals need to be studied together, so that the DEQ and others can best
monitor, assess, and mitigate their environmental impact.
4) Consider extending the selenium study period beyond two years to
encompass all of the necessary scientific evaluation. Define the selenium
analytical methods before the study period begins. To adequately
understand the fate of selenium and other heavy metals, the Lake waters and
the lakebottom exposed/dry soils need to be studied independently to
account for oxidation, different concentrations of selenium, and the
changing hydrology of the Magna Tailings Impoundment.
5) Define the maximum selenium levels permitted in the GSL and use this
to define a threshold at which Zone A/Zone B selenium discharge should
cease. Discharge of Zone A/Zone B waste should be terminated well before
the maximum level is reached to account for selenium entering the GSL
from other sources, such as other mines, discarded commercial products,
and natural sources. The threshold should be stated as a percentage of the
maximum allowable level. From the above evaluations, this percentage
should be based on:
a) The quantities of selenium being released into the GSL by all sources
over units of time.
b) The variations in GSL size and selenium concentrations
c) The different forms of selenium, including its discharge in the
most highlyoxidized form as selenate. Assess the likelihood that
it will be converted to selenite, the most
Response to Email No. 0404 (cont.)
43, #3:It will be prudent to evaluate selenium’s interaction with other
metals, chlorides, sulfides, etc. that are found in the discharge from Zone A
and in the open waters of the Great Salt Lake. This study criteria will be
passed along to the Great Salt Lake Water Quality Steering Committee for
assessment. Please note that one of the intentions of setting up this
committee is to evaluate if the proposed action would “amplify ecological
degradation and GSL toxicity” and “best monitor, assess and mitigate”
problems with this action. UDEQ will plan to look at this issue with an
appropriate engineering, chemical, biological and ecotoxicity evaluation.
43, #4:The DWQ will take the time necessary to evaluate and develop its
proposal for the adoption of a selenium standard for the Great Salt Lake, as
part of the standards development process. The Great Salt Lake Water
Quality Steering Committee will also have a stake in how long this
evaluation process will take. As presented during the August 18, 2004
meeting of the Steering Committee, the DEQ believes it is important to gain
an understanding on the fate and transport of selenium in the Great Salt
Lake. As noted in the general response to comment No. 43, these
evaluation criteria will be shared with the Steering Committee.
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Email No. 0404 (cont.)
ecologically dangerous form, and be taken up by plants and
animals.
6) Conduct ongoing evaluations of the GSL at regular intervals as the
Project progresses to measure selenium levels and reevaluate the Lake’s
waste concentrations. When the threshold selenium level is reached, Zone
A/Zone B discharge into the Lake should be terminated. When this occurs,
a public study of other options for Zone A/Zone B contaminant disposal
should occur, based largely on studies and technologies available at that
time. We understand that this makes budgeting somewhat imprecise, but
new disposal technologies have the potential to reduce costs to KUCC and
JVWCD.
Using these methods to set a numeric selenium standard and threshold for
the GSL will ensure that KUCC and JVWCD take the necessary
environmental precautions in disposing of Zone A/Zone B treatment
contaminants into the GSL. They also establish a mechanism for the study
and implementation of new disposal options when the GSL can no longer
safely house contaminants. The Sierra Club’s support of this Project is
contingent upon using the above methods to conduct the selenium studies
that will determine the eligibility of direct Zone B discharge into the GSL,
as well as establishing an ongoing evaluation process to examine other
disposal options.
While we insist that scientificallysound studies concerning selenium need
to account for synergistic reactions with other substances present in the
GSL and KUCC/JVWCD discharges, notably the other heavy metals
present in Zone A, we urge that this methodology form the basis of
establishing standards for all other ecotoxic substances discharged by
KUCC and JVWCD.
7) Explain how KUCC and/or JVWCD will account for the cost of
redundant pipelines and cleaning out scale (clogs). The proposed pipeline to
carry the Zone B concentrate to the GSL may require more maintenance and
cost more money than is disclosed in this Proposal. Pipeline clogs
(“scaling”)
Response to Email No. 0404 (cont.)
44: See the Response to Common Comment No. 9. Please keep in mind,
that a UPDES permit is renewed on a fiveyear cycle. The Division of
Water Quality and the permittee evaluate whether a UPDES permit is
renewed at the end of five years. The current condition of selenium within
the GSL environment is and will be part of this evaluation.
45: One of the intentions (held by the Trustee, Kennecott, and the
JVWCD) is to be able to use the outcome of the selenium evaluation to
assist in the determination of how best to manage the treatment concentrates
from the Zone B facility. See the Response to Common Comment No. 9.
As noted in the response to comment No. 44, a permitted discharge to the
GSL will come up for renewal ever y five years from the date of issuance.
The GSL ability to segregate the concentrations of particular contaminants
entering via the permitted discharge would be evaluated at the time of
renewal.
46: As noted in the response to comment No. 43, the methods proposed by
the Sierra Club to be incorporated into DWQ’s and the Great Salt Lake
Water Quality Steering Committee’s evaluation of selenium will be passed
along to this group. The Sierra Club is invited to send a representative of
their organization to these meetings to understand the directions and actions
being taken by this group.
47: It was noted by the adhoc group consisting of representatives from
DWQ, DERR, the State Trustee, Great Salt Lake Alliance, Nature
Conservancy, Wasatch Clean Air Coalition, JVWCD, and Kennecott (prior
to the creation of the GSL WQ Steering Committee) that other potential
contaminants would be evaluated to establish numerical standards prior to
their permitted introduction in the GSL environment.
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45
46
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Email No. 0404 (cont.)
are quite common. Redundant pipeline(s) may be necessary to ensure that
the flow of concentrates will continue uninterrupted if the primary pipeline
should become unusable. The costs of redundant pipeline(s) and of cleaning
out scale will be expensive. Is this accounted for in the Project’s budget
and where will the money come from?
Zone B/Lost Use Integrated Designs
Impoundment Suitability
Because the KUCC Magna and North tailings impoundments were not
designed as permanent storage facilities for heavy metal precipitates or
selenium, we question their suitability as containers for Zone A and Zone B
discharge contaminants.
1) The selenium discharge will take the form of selenate. Because this is a
highlyoxidized form of selenium, it is unlikely to precipitate out of
solution. The tailings impoundments periodically discharge into the GSL,
and studies need to be done to assess the impact of selenate on the GSL,
even if one of the Integrated Design alternatives is chosen.
2) Study the possible reactions between selenium from Zone B
concentrates, from Zone A treatment concentrates, and from other Zone A
heavy metals in the tailings impoundment. These have the potential to
create a very toxic site that the impoundment was not designed to contain.
In addition, how will the periodic discharge of tailings water containing
Zone A and Zone B concentrates affect the GSL? How much is expected to
be discharged into the tailings ponds and GSL respectively each year?
What will be the effects of these metals on the GSL’s wildlife? Publish this
information for the public to access.
3) Based on the addition of the contaminants from both Zone A and Zone B,
we strongly suggest reopening the tailings impoundment permits to
discharge into the GSL. The current permits did not take into account the
presence of selenium and other heavy metal precipitates from the
contaminated groundwater plumes in the impoundments. In addition, the
Response to Email No. 0404 (cont.)
47 (cont.):The adhoc group selected selenium as its first constituent to
evaluate because of the present proposal to use the GSL as a receiving water
body for the current Joint Proposal before the State Trustee, and because of
the concern by members of the public of this substance’s introduction into
the GSL environment.
48: See the Response to Common Comment No. 12.
49: See the Response to Common Comment No. 7.
The current UPDES permit on the North Expansion Impoundment
recognizes that this facility is appropriate to receive the waste material
(including tailings slurry, storm waters, excess mine water flows, etc.) from
the mining operation for disposal and periodic discharge to a receiving
water body. The RO concentrate produced by both the proposed operations
in Zone A and B are associated with the treatment of groundwater impacted
by historic mining activities. These RO concentrates are comparable with
the material discharged from the mining processing operation.
410: As noted in the response to comment No. 44, the current UPDES
permit for the North Expansion Impoundment is on a fiveyear review
cycle. Under the program the permit does not come up for renewal until
Spring 2006. If the results of the GSL WQ Steering Committee work
indicates a more restrictive standard for discharges into the GSL for
selenium then currently exists in UPDES permits, then DWQ may elect to
reopen current permits for reevaluation.
As noted in the response to comment No. 49, the current UPDES permit
recognizes this facilities appropriateness to manage mining process waste
and RO concentrates. Also refer to Response to Common Comment No. 7
for an understanding of how the Kennecott North Expansion Impoundment
was selected to be appropriate to receive concentrates from the proposed
treatment alternatives.
48
49
43
49
43
410
Email No. 0404 (cont.)
Lake’s level has continued to decline since the last issuance and the
hydrology of the impoundment has certainly changed more toward the
Lake. New permits should reflect these changing conditions.
Future and Additional Costs
Make a plan to ensure the continuous funding of the groundwater
cleanup/treatment, scientific studies monitoring the level of pollutants in
the GSL, and the examination of future disposal alternatives if the costs
exceed the amount allocated in the trust fund. During any 50year project
period, public and privatesector corporate entities will likely undergo
several major changes in ownership, governance, mission, structure, and
financial viability. The Proposal does not present protections against default
by Kennecott, its parent corporation(s), or their respective successor entities
as a result of such changes. We recommend that a surety be established
whereby, in the event of default, continued funding will be guaranteed at
100 percent of Kennecott’s original commitment for the 50year project
duration. The conditions of the surety should be established to ensure that
there is no disruption in project funding due to litigation or other problems.
There is no protection against default by the JVWCD for any reason, such
as restructuring by the State of Utah. We recommend explicit legal
protections that will ensure that JVWCD’s commitment will survive any
restructuring or change in the scope, role, or mission of JVWCD, even if
that would mean that responsibility for this commitment may be assumed
directly by the State of Utah.
Formulate a plan for ensuring the responsibility of payment of unanticipated
future costs, such as are likely to occur should dumping into the GSL cease
to be an option. .
Monitoring of Drinking Water
Guarantee that failsafes are in order to ensure that the stream of RO treated
water from Zone B going to the public is drinkable. How are JVWCD and
the DWQ planning to monitor the effectiveness of reverse osmosis on this
Response to Email No. 0404 (cont.)
411: See the Response to Common Comment No. 12.
The DWQ is addressing the development of numerical standards for the
particular contaminants to protect the beneficial uses of the GSL. This
evaluation work is being funded by DWQ through mechanisms arranged by
the division.
The reevaluation of disposal practices (if a UPDES permit is not renewed
or approved) falls to the proposing parties.
412: See the Response to Common Comment No. 12.
410
411
412
Email No. 0404 (cont.)
largescale process? We suggest that the Proposal include an explicit,
detailed plan for preventing contamination from entering the potable water
supply, in the event the reverse osmosis system should fail at any time and
for any reason during the 50year project. The plan should include provision
for ongoing, continual monitoring of water quality and immediate detection
of, and immediate preventive measures against, any contaminants. Current
monthly and historical monitoring reports, including maximum levels of
contaminants during the respective reporting periods, should be available on
the Department of Environmental Quality’s web site (or the logical
technical successor to web site technology) for the duration of the project.
Integrity of the Aquifer
Reevaluate the groundwater modeling used in the Consent Decree. We are
concerned that the rate of recharge has been overestimated. Based on our
current drought conditions, we do not want excess water to be taken from
the aquifer to meet the quota determined in the Consent Decree if this is
currently unsustainable.
Additional Concerns and Points of Clarification
1. Table 5.6B, and Section 8.2 mention an "alternative disposal method" if
concentrates are unsuitable for direct discharge into GSL. What would be
an example of a safe disposal method?
2. Section 6.1 says that the "flow and transport models were extensively
reviewed" by several government agencies and other "international and
nationallyrecognized reviewers." While peer reviews are an essential part
of projects like this, the statement implies that all the reviewers agreed. Is
this the case, or were changes in procedures suggested? If so, were these
suggested changes implemented?
3. Section 6.3 states "Modeling of the additional extraction from Zone B
proposed under the Integrated design results in negligible drawdown."
Response to Email No. 0404 (cont.)
413: See the Response to Common Comment No. 6.
413
Email No. 0404 (cont.)
Since the word negligible can mean many things, depending on your point
of view, we suggest a specific number be used here.
4. Section 7.2 says "The water rights listed in Table 7.2C have been
approved by the State Engineer." However, Table 7.2C lists these as
"Approved and Pending."
5. Section 7.3 says that "KUCC is committed to assist property owners
affected by KUCC remediation efforts in obtaining an adequate water
supply" by several methods including financial support. Is this commitment
stated in a legal contract? If not, why not?
Based on all of the above concerns, we strongly suggest that construction of
the Separate Design pipeline not be started until the selenium standard is
evaluated, so as not to predetermine the alternative that is chosen. In
addition, we understand that pumping must be done to prevent underground
contamination spread, but ask the Trustee to allow only the minimum
amount of pumping necessary, until the appropriate scientific studies have
been done, future projections of population growth taken into account, and
the integration of this Proposal with the State Engineers’ Water
Management Plan.
Provided these recommendations are incorporated into Project
implementations, the Utah Chapter of the Sierra Club lends its support to
the Project.
Sincerely,
Ann Wechsler
Conservation Chair, Utah Chapter of the Sierra Club
Response to Email No. 0404 (cont.)
414: Section 7.2 does recognize accurately that the water rights for this
particular project have been approved for the proposed project. What is
noted in table 7.2C is the need to potentially increase extraction rates on the
deep extraction wells (No. B17) if the JVWCD is not able to pursue a
discharge under a UPDES permit to the GSL, and if the JVWCD selects to
pursue the full integrated design. The production design options are refer to
in Response to Common Comment No. 6.
415: See the Response to Common Comment No. 10.
416: One of the main goals or objectives of the Trustee’s action to address
the contaminant plumes is to provide containment of the plumes and begin
reducing their footprint. This reduction will assist the Trustee to assure the
aquifer is remediated, so it can be used as a source of drinking water
without having to pretreat the water to address the impacts from historic
mining activities. Zone A has been pumped for some time, (1) to meet the
requirement of the Consent Decree related to the stipulated extractions on
the acid plume and (2) to provide water to KUCC process water circuit
under approved and historical water rights. No extractions have taken place
yet in Zone B, relating to the removal of sulfateladen groundwater from the
deep aquifer.
The proposed extractions rate for Zone A and completion of the Zone A RO
facility by Kennecott is scheduled to be as early as 2005. The proposed
extraction rates for Zone B will not be decided upon until the JVWCD
renders a decision on flow options, as described in the Response to
Common Comment No. 6.
413
414
415
42
416
41 and 43
Email No. 0405
From: [Dudley Ward]
To: <nrdtrustee@utah.gov>
Date: Mon, Aug 2, 2004 5:21 PM
Subject: FW: Public Submission for IWS Proposal for the
Southwest Jordan Valley Groundwater Remediation Project.
##################################################
PLEASE NOTE: This message, including any attachments, is intended only
for the named recipient and may contain confidential, proprietary or legally
privileged information. No confidentiality or privilege is waived or lost by
any mistransmission. If you are not the intended recipient of this message,
including any attachments, please immediately notify the sender and delete
it and all copies of it from your system, and also destroy any hard copies of
it. Thank you. You are hereby notified that any unauthorised, direct or
indirect, use, perusal, review, disclosure, dissemination, distribution,
printing, or copying any part of this message, including any attachments, is
strictly prohibited. Unless the message states the sender is authorized to
state the views of Equus, any views expressed in this message are those of
the individual sender. Equus reserves the right to monitor all email
communications through its networks.
##################################################
Dudley Ward
Ph +64, 9, 5753624
Fx +64, 9, 5753623
Original Message
From: Dudley Ward [mailto:[email address]]
Sent: Tuesday, 3 August 2004 11:18
To: Dianne R Nielson
Subject: FW: Public Submission for IWS Proposal for the
Response to Email No. 0405
* The Trustee acknowledges the receipt of the proposal from Mr. Ward for
an alternative treatment process and has passed the information along to the
proposing parties. Under the terms of the Consent Decree, Kennecott has
the responsibility to propose the treatment method for review and
consideration by the Trustee if they wish to receive a reduction of the letter
of credit. The proposal by Kennecott and the Jordan Valley Water
Conservancy District to use reverse osmosis to treat sulfate contaminated
water from Zone A and B was the subject of both sessions of the public
comment period, and the Trustee’s evaluation.
The comment memo from Mr. Dudley is included and responded to below.
Email No. 0405 (cont.)
Southwest Jordan
Valley Groundwater Remediation Project.
August 02/04,1645hrs UTAH Time.
Attention Dianne Nielson Trustee.
Subject Attachments Herewith.
My server will not recognise 'nrdtrustee.utah.gov' as a legitimate email
address.
Please accept my sending this email direct to you. Thank you in
anticipation.
With Regards,
##################################################
PLEASE NOTE: This message, including any attachments, is intended only
for the named recipient and may contain confidential, proprietary or legally
privileged information. No confidentiality or privilege is waived or lost by
any mistransmission. If you are not the intended recipient of this message,
including any attachments, please immediately notify the sender and delete
it and all copies of it from your system, and also destroy any hard copies of
it. Thank you. You are hereby notified that any unauthorised, direct or
indirect, use, perusal, review, disclosure, dissemination, distribution,
printing, or copying any part of this message, including any attachments, is
strictly prohibited. Unless the message states the sender is authorized to
state the views of Equus, any views expressed in this message are those of
the individual sender. Equus reserves the right to monitor all email
communications through its networks.
##################################################
Response to Email No. 0405 (cont.)
Email No. 0405 (cont.)
Dudley Ward
Ph +64, 9, 5753624
Fx +64,9, 5753623
Outgoing mail is certified Virus Free. Checked by AVG antivirus system (
http://www.grisoft.com). Version: 6.0.726 / Virus Database: 481 Release
Date: 22/07/2004
Outgoing mail is certified Virus Free. Checked by AVG antivirus system
(http://www.grisoft.com).
Version: 6.0.726 / Virus Database: 481 Release Date: 22/07/2004
Response to Email No. 0405 (cont.)
Email No. 0405 (attached memorandum)
August 2, 2004
Dianne Nielsen, Trustee & Director,
Utah State Department of Environmental Quality
Subject – Comments on proposal revisions of Kennecott/Jordan Valley
Water Conservancy
District Joint Proposal for the Southwest Valley Groundwater Cleanup
Project
Dear Ms. Nielsen,
This letter is in comment to the revised Joint Proposal of Kennecott/Jordan
Valley Water Conservancy District for the Southwest Valley Groundwater
Cleanup Project. IWS has made public comment on the revised joint
proposal in the public meeting on July 14, 2004. Since that time, IWS has
further reviewed the proposal and has the following additional comments
and submissions to be included in the public record.
1. Figures 5.4B, 5.4C, and 5.4D indicate that the permeate from the
reverse osmosis plant will have a TDS concentration of 25 mg/l. No pilot
studies have been conducted to verify that such a low TDS concentration
can be achieved and what the operational cost will be. The proposed
treatment process remains untested and untried.
2. This fact places the IWS proposed distillation process and
technology on the same or a higher plane than proposed revised proposal
RO process. The distillation machine IWS proposes to use is tried and true
in producing less than 10 mg/l permeate.
3. IWS made a proposal to the JVWCD for providing zero liquid
discharge (ZLD) treatment of the RO waste stream for the Southwest Jordan
Valley Groundwater Cleanup Project which is enclosed herewith and is
Response to Email No. 0405 (attached memorandum)
51: Both Kennecott and the JVWCD have been working cooperatively
with the Division of Drinking Water to assess the ability of the treatment
plants to function as proposed and produce a municipal quality drinking
water (meeting state primary and secondary drinking water standards). This
review and assessment has included the submittal of Kennecott
Remediation Zone B Pilot Test Report and the Kennecott Zone A
Demonstration Project Report to the Division. The Division of Drinking
Water has the responsibility to assess proposals for and then issue a permit
for the production and delivery of municipal quality drinking water to the
citizens of the State of Utah.
Also, please see Response to Common Comment No. 13.
52: Pilot scale treatment skids for both Zone A and B have been in place
and treating waters from the respective zones for some time. The ability for
the proposed RO processes to reach a certain concentration of TDS has
been documented in the pilot studies submitted to the Division of Drinking
Water. Performance of Reverse Osmosis membrane technology has been
demonstrated in two reports by the Environmental Technology Verification
program. The reports verified performance of Reverse Osmosis
Technology for Arsenic Removal,achieving solids rejection exceeding
95%. The EPA proposed Long Term 2 Enhanced Surface Water Treatment
Rule contains a Membrane Filtration Guidance Manual, including reverse
osmosis technology. Reverse Osmosis has been a tested and tried
technology used on similar sulfate contaminated waters found in Zone A
and B. The Division of Drinking Water is reviewing the ability for the
proposed treatment facilities to meet the State of Utah primary and
secondary drinking water standards. Please note that the State primary
drinking water standard for TDS is 1000 mg/l and the secondary drinking
water standard for TDS is 500 mg/l.
53: See the bulleted response provided to the body of the text of the cover
email.
51
52
53
Email No. 0405 (attached memorandum, cont.)
requested to be made a part of the public record.
4. The cost of the IWS VStill E500 machine is 10 times less than
the cost of other distillation processes evaluated by the JVWCD and the
stakeholders forum and can be housed in an aesthetically pleasing building
or aesthetically pleasing individual housings.
6. The IWS proposal to the JVWCD includes processing of the
salts and minerals in the water into marketable and usable products thereby
eliminating the need for the wastewater discharge pipeline to the Great Salt
Lake and the need to discharge selenium into the lake.
7. Though IWS proposal includes proprietary technology, the IWS
proposal represents a legitimate proposed privatisation water/wastewater
project which can be implemented jointly with the JVWCD pursuant to
Utah Code Ann. 7310d which waives both state and local agency
competitive bidding requirements to facilitate just such a joint project as the
IWS proposes.
8. The attached proposal is just that. It is a proposal that IWS stands
behind, but IWS remains flexible regarding potential contractual
arrangements and would welcome constructive negotiations on how IWS
can assist the Trustee and the DEQ, Kennecott, and the JVWCD in moving
forward with the best possible project.
In summary, because the joint proposal RO process for producing 25 mg/l
permeate remains untried and untested, the IWS proposal is as viable if not
more viable than the proposed RO process proposal and is entitled to be
considered. Thus, IWS requests that:
(1) the IWS Vstill machines be tested along with the RO
technology; and
(2) IWS be granted the legal protection it needs to share its
proprietary technology with the DEQ, Kennecott, and the
JVWCD, and participate with them in a privatisation project
Response to Email No. 0405 (attached memorandum,
cont.)
54: Comment is noted and passed along to the proposing parties for
consideration.
55: Comment is noted and passed along to the proposing parties for
consideration.
56: Comment is noted and passed along to the proposing parties for
consideration.
57: Comment is noted.
58: See the response provided above for Comment No. 51 and 52. RO
technology has been shown to be an appropriate technology to treat sulphate
contaminated water, to produced municipal quality water. The stated
request will be provided to the proposing parties for consideration.
53
54
55
56
57
58
Email No. 0405 (attached memorandum, cont.)
that will eliminate the need to discharge reject wastewater and
selenieum into the Great Salt Lake.
We are confident that as Trustee of the most valuable and scarce resource in
Utah, you will be acutely aware that the JVWCD has an obligation to
current and future water users to explore emerging technologies in order to
conserve deep and shallow aquifer water and minimise or eliminate mineral
discharge into the GSL.
With Regards,
Dudley E J Ward.
IWS/Equus Environmental
Attachments –
April 14 th , 2004 Overview of IWS Proposal to the JVWCD.
April 7 th , 2004 IWS Proposal to the JVWCD.
May 17 th , 2004 IWS Suppliment to the April 7 th , 2004 IWS Proposal to the
JVWCD.
June 7 th , 2004 IWS follow up letter to the JVWCD Chief Executive &
Chairman.
Response to Email No. 0405 (attached memorandum,
cont.)
59:The proposal is for use of RO technology to treat the groundwater in
Zone A and B and produce municipal quality water. The continued
investigation of alternative treatment technologies as they arise, is not
prevented by the Trustee’s decision on the current proposal. The proposal
by IWS has been passed along to the proposing parties for their
consideration.
The Trustee notes that the introduction of minerals into the Great Salt Lake
environment has and will continue to be managed by the Division of Water
Quality under its permit programs (UPDES, Groundwater Protection
Program). It is under the Division’s authority to maintain the beneficial
uses of the lake. To this end the DWQ, Kennecott, JVWCD and the Trustee
all have acknowledge the need to develop numerical standards for the open
waters of the Great Salt Lake. The wetlands and rivers that surround and
enter the Great Salt Lake are protected by current State freshwater
numerical standards to maintain the beneficial uses of these water bodies.
As the Great Salt Lake Water Quality Steering Committee continues to
pursue the investigation of the fate and transport of contaminants within the
GSL environment the DWQ will develop and propose numerical standards
for the open waters, to include selenium. See also the Response to
Common Comment No. 9.
58
59
Email 0406
From: [Gavin Noyes]
To: <nrdtrustee@utah.gov>
Date: Mon, Aug 2, 2004 7:42 PM
Subject: Water Purification Proposal
July 31, 2004
Diane Nielson, Executive Director
Utah Department of Environmental Quality
P.O. Box 144810
Salt Lake City, UT
841144810
Dear Ms. Nielson,
As an avid recreationist on the Great Salt Lake I am concerned about the
proposal by Kennecott and the Jordan Valley Water Conservancy District
(JVWCD) to discharge waste removed by the water purification process
into the Great Salt Lake. I request that more appropriate alternatives be
analyzed and that permission not be granted to add pollutants to the Great
Salt Lake ecosystem.
I am concerned about the preservation of the Great Salt Lake's physical
environment, aesthetic appeal, and the longterm economic impacts this
proposal (and future proposals that might follow such a precedent as this)
may have. The Great Salt Lake contributes to my quality of life and I expect
Response to Email No. 0406
61: See the Response to Common Comment No.’s 4 and 5. Also, see the
Response to Common Comment No. 7.
62: See the Response to Common Comment No. 9.
63: See the Response to Common Comment No. 9.
64: Under the UPDES (Utah Pollution Discharge Elimination System)
permit program, proposed discharges are evaluated for their specific
criteria. The UPDES permit is tailored for discharges depending on the
waste streams and the body of water in which the discharge is proposed to
enter.
61
62
63
64
Email No. 0406 (cont.)
that it will contribute much more so to future generations of valley residents
as its recreational potential is realized. In the past two years rowing has
expanded more than fivefold, from about twenty Great Salt Lake Rowing
(GSLR) club members to well over 100 new rowers.[1] Many are teenagers
training through four new high school clubs (West, Rowland Hall,
Waterford, and Judge),[2] as well as a club at the University of Utah. We
expect this rapid growth rate to continue over the next several years as
collegiate programs expand throughout the country.[3]
As rowers on the Great Salt Lake we come in contact with the water
frequently. Beginner rowers often turn over in the lake and some rowers
have been known to accidentally swallow mouthfuls of the brine. During
regattas we wade into the water to trade boats and some people occasionally
swim in the lake, as was once so popular. People are already nervous about
the flies on the lake; additional lake contaminants that might keep them
away are not needed.
The proposal states that "KUCC proposes to discharge the RO (Reverse
Osmosis) concentrate directly to the Great Salt Lake," with further direct
discharges "to the Great Salt Lake of the concentrate streams from the Zone
A Plant and, if applicable, the Zone B Facilities and Lost Use Facilities," "if
for any reason the concentrate stream cannot be managed within the tailings
disposal system."[4]
KUCC acknowledges concerns and suggests that other alternatives may be
found if necessary, stating: "If one or both of the concentrates is not suitable
for direct discharge, then alternative disposal will be needed."[5] I request
that additional alternatives be studied and a more appropriate disposal
Response to Email No. 0406 (cont.)
65: Selenium has not been shown to cause deformities, birth defects, and
death in humans. However, it does have a toxicity effect of wildlife
especially avian species in contact with this particular contaminant.
Selenium is an essential trace element for humans. It is an integral part of
enzymes, which are critical for control of the numerous chemical reactions
involved in the brain and body functions of humans. The NAS has set a
Recommended Dietary Allowance (RDA) of approximately 70 and 55
µg/day for North American adult males and females. These selenium
requirements increase during pregnancy and lactation. Selenium
requirements for infants and children are higher than adults but vary
according to age.
Selenium has a variety of functions for humans. The main role is as an
antioxidant in the enzyme seleniumglutathioneperoxidase. This enzyme
neutralizes hydrogen peroxide, which is produced by some cell processes
and would otherwise damage cell membranes. Evidence exists that
selenium may play a role in cancer prevention, but better studies are needed.
There has even been mixed results regarding selenium’s impact on
cardiovascular disease.
Although there is not a definable threshold for Selenium toxicity for
humans, concentrations that exceed four to five times the maximal levels of
mineral supplements have been identified to have a toxic response.
Therefore, selenium concentrations in the Great Salt Lake water (as
suggested) will not exceed concentrations that would be toxic to humans.
Fish, shellfish, red meat, grains, eggs, chicken, liver and garlic are all good
and recommended sources of selenium. The amount of selenium in
vegetables is dependent on the selenium content of the soil.
For the concern about toxicity to wildlife, see the Response to Common
Comment No. 9.
61
65
Email No. 0406 (cont.)
solution be approved before passing this proposal.
This concentrated waste includes Selenium, which is a bioaccumulate
metal[6] that has been shown to travel through food chains and cause
deformities, birth defects and death in secondary and tertiary consumers
such as birds and humans. (Brine shrimp embryos are collected and sold to
aquicultural shellfish farms, which are grown for human consumption.)
Furthermore, as a person using the Great Salt Lake for recreation, I am
concerned about the potential impact these contaminants may have on my
health and the health of our children. The National Institutes of Health and
the U.S. National Library of Medicine state that while "the amount of
selenium that would cause toxicity in humans is not known [,] [e] xcess
selenium intake can cause problems with the strength of teeth and the tooth
enamel. Other problems may include loss of teeth, hair, and nails. Skin
inflammation,
http://www.nlm.nih.gov/medlineplus/ency/article/003117.htm nausea, and
http://www.nlm.nih.gov/medlineplus/ency/article/003088.htm fatigue can
also occur."[7] I feel that a prudent public health policy avoids needlessly
exposing people, especially developing children and teenagers, to such
contaminants. Finally, the Great Salt Lake is a terminal lake basin, which
means that inorganic pollutants become ever more concentrated as
evaporation occurs and accumulate indefinitely over time. The pollutants
introduced to the lake today will be with us forever. If the DEQ decides to
consider this decision as proposed, please include a complete longterm
environmental analysis on the effects this might have on the Great Salt Lake
environment, as well as the economic ramifications in terms of recreation,
shrimping and salt industries, and tourism on the state's economy.
In summary, I request that alternatives be studied which will not degrade
the Great Salt Lake environment and that this type of precedent not be set,
which might make this amazing environment less popular among residents
and tourists, and less productive for wildlife.
Response to Email No. 0406 (cont.)
66: See the Response to Common Comment No. 9. 61
65
62
61
64
66
Email No. 0406 (cont.)
Sincerely,
Gavin Noyes
309 N Almond Street
Salt Lake City, UT 84103
(801) 5217398
[1] GSLR introduced over 80 new rowers to the sport on the National Learn
to Row Day in 2003 (the largest number of any club in the nation), and a
further 45 new rowers in 2004. Bonneville Rowing Club, also located on
the Great Salt Lake, includes even more rowers.
[1] During the spring 2004 racing season, Rowland Hall's club team
numbered 16 teenagers, West High School 26, and Waterford 10. Judge
High School is starting a program in the fall of 2004; Janet Rae Brooks,
Rowers Inaugurate Lake Sprints, The Salt Lake Tribune, May 26, 2004, at
B1. Colorado Junior Crew traveled to Salt Lake City for the Brine Shrimp
Sprints, contributing tourism dollars to the state as well as spreading the
word about Utah and Utah rowing to family and friends.
[1] Julie Macur, Never Rowed? Take a Free Ride, N.Y. Times, May 28,
2004, at
D1.
Response to Email No. 0406 (cont.)
Email No. 0406 (cont.)
_____
[1] GSLR introduced over 80 new rowers to the sport on the National Learn
to Row Day in 2003 (the largest number of any club in the nation), and a
further 45 new rowers in 2004. Bonneville Rowing Club, also located on
the Great Salt Lake, includes even more rowers.
[2] During the spring 2004 racing season, Rowland Hall's club team
numbered 16 teenagers, West High School 26, and Waterford 10. Judge
High School is starting a program in the fall of 2004; Janet Rae Brooks,
Rowers Inaugurate Lake Sprints, The Salt Lake Tribune, May 26, 2004, at
B1. Colorado Junior Crew traveled to Salt Lake City for the Brine Shrimp
Sprints, contributing tourism dollars to the state as well as spreading the
word about Utah and Utah rowing to family and friends.
[3] Julie Macur, Never Rowed? Take a Free Ride, N.Y. Times, May 28,
2004, at D1.
[4] Kennecott Utah Copper Corp. & Jordan Valley Water Conservancy
Dist., Proposal to the Utah State NRD Trustee and USEPA CERCLA
Remedial Project Manager for a Groundwater Extraction and Treatment
Remedial Project in the Southwestern Jordan Valley 17,19 (2004).
[5] Id. at 25.
[6] Steven Angelo, M.D., Selenium in Diet (last modified Jan. 19, 2003)
http://www.nlm.nih.gov/medlineplus/ency/article/002414.htm.
[7]Id.
Response to Email No. 0406 (cont.)
Email No. 0407
From: [jeffsalt]
To: <nrdtrustee@utah.gov>
Date: Mon, Aug 2, 2004 11:56 PM
Subject: Comments to revised NRD plans
Dianne,
Attached are comments from Jeff Salt, Great Salt Lakekeeper.
Response to Email No. 0407
Email No. 0407 (attached letter)
Jeff Salt August 2, 2004
Great Salt Lakekeeper Inc.
P.O. Box 522220
Salt Lake City, Utah 84152
(801) 4852550
[email address]
Dianne Nielson
NRD Trustee
Utah Department of Environmental Quality
P.O. Box 144810
Salt Lake City, Utah 841144810
Re: Comments to June 2004 proposed revision to Southwest Jordan Valley
Groundwater Cleanup Plan
Dear Dianne,
On behalf of Great Salt Lakekeeper Inc., a Utah nonprofit corporation, I am
submitting the following comments regarding the proposed revision to the
Southwest Jordan Valley Groundwater Cleanup Plan.
I. Preface to comments on revised cleanup proposals
The Great Salt Lake is a globally significant natural resource and should be
considered as such when approving the final details of the proposed cleanup
plan. The importance of Great Salt Lake to local economies and migratory
wildlife populations is due not only to the existence of the lake itself, but
also hinges on the proper functioning condition and health of its extensive
tributary system, which describes the entire watershed.
That stated, my organization believes that the affected groundwater resource
can be characterized as damage to a significant component of the Great Salt
Lake watershed system, and that any approvals issued for cleanup plans
Response to Email No. 0407 (attached letter)
71:The Trustee, Kennecott and the JVWCD all recognize the importance
of the Great Salt Lake, its associated wetlands and the value this resource
holds for all the citizens of the State of Utah. See the Response to Common
Comment No. 9.
72: Comment is noted; see the Response to Common Comment No. 9.
Criteria suggested for the development of numerical standards work will be
passed along to the Great Salt Lake Water Quality Steering Committee.
71
72
Email 0407 (attached letter, cont.)
should be decided within a whole watershed context. In our opinion, this
means that all impacts to the proper functioning and protected beneficial
uses of the Jordan River drainage basin and the lake itself must be
considered fully, and that various human and wildlife and even aesthetic
values must be protected and made whole without compromise or transfer
of impacts simply to reach an efficient or economically feasible procedure.
All Utahns should expect this high standard because of existing federal and
state laws that guarantee the public’s right to these protected values and
beneficial uses. Besides the various laws and regulations that protect our
water resources and outline responsibilities of polluters to clean up their
messes, we would like to draw your attention to the unique status of both
the Jordan River and the Great Salt Lake as designated navigable and
sovereign waterways (Utah Administrative Code R65270100). This
special designation adds another layer of responsibility; not only to the
project partners, but also to you as Trustee, to guarantee the integrity of the
public trust resources throughout the life of the cleanup project.
Accordingly,
“The state of Utah recognizes and declares that the
beds of navigable waters within the state are owned
by the state…, and that there exists…, a public trust
over and upon the beds of these waters …beneath or
above the beds of navigable (waters)…be
regulated…(for) the protection of navigation, fish
and wildlife habitat…public recreation, and water
quality…”
(Utah Administrative Code R6522200).
We support the position of other conservation organizations that have
submitted comments focusing on the potential impacts of this cleanup plan
on water quality in Great Salt Lake and to wildlife. We consider these
public trust resources as valuable community assets that should not be
compromised in value by implementation of the cleanup plan.
II. Comments to cleanup plan alternatives
Response to Email No. 0407 (attached letter, cont.)
73: See the Response to Common Comment No’s 8 and 9.
72
73
Email No. 0407 (attached letter, cont.)
Generally speaking, we applaud the JVWCD’s response to overwhelming
public opposition to and subsequent withdrawal of their UPDES discharge
permit for ZoneB/ LostUse process effluent into the Jordan River. We
supported the creation of a public stakeholder’s forum to explore different
approaches. However, after careful review of the proposed alternatives, we
have determined that none of the revised protocols satisfactorily protect
existing public trust resources from new or increased impacts. In our
opinion, each scenario relies on intentional discharges into the Great Salt
Lake of contaminated concentrates from the ZoneB/ LostUse sources and
allows for the potential discharge of RO brines from Zone A. In a broad
sense, the alternatives forwarded for public comment do not constitute a
cleanup or removal or restoration as called for in CERCLA. Instead, the
alternatives presented basically provide for the shifting of pollutants and
contaminants from one part of the watershed to another. Furthermore, the
proposed alternatives also create potential additional risks to public trust
resources protected by law and desired by the community. And lastly, we
believe that some of the proposed alternatives establish extra benefits for
the JVWCD that are not allowed by the intent of CERCLA or the Consent
Decree.
A. Concerning discharges to ‘navigable and sovereign waterways’
As we understand the proposed alternatives, RO process effluent from Zone
B/LostUse waters will either be discharged directly to the Great Salt Lake,
or released into the lake after being held and possibly recycled from the
Kennecott Tailings Impoundment, and that Zone A effluent may also
eventually be discharged into the lake. We object to these options because
they allow for the concentration and spreading of contaminants on publicly
owned land, that is, the bed of Great Salt Lake. In our opinion, this
approach does not constitute a cleanup and is contradictory to CERCLA
regulations and conflicts with the rules regarding the management
objectives for sovereign lands.
More specifically, we reject the Separate Design alternative completely
because of its reliance on direct discharges to Gilbert Bay in Great Salt
Lake. This alternative cannot be approved at this time, because qualified
numeric standards for Great Salt Lake need to first be established for the
Response to Email No. 0407 (attached letter, cont.)
74: See the Response to Common Comment No. 8.
75: See the Response to Common Comment No. 6 and No. 9.
76: See the Response to Common Comment No. 6 and No. 9.
74
75
75
76
Email No. 0407 (attached letter, cont.)
anticipated effluent contaminants such as, selenium, mercury, copper,
chromium, iron, and total dissolved solids. We recommend, as Trustee, that
you delay your approval until sufficient time is given to conduct a science
based process to determine qualified numeric standards for the lake system.
While we fully support JVWCD’s commitment to conduct a selenium study
for Great Salt Lake, we must question the appropriateness of the proposed
timeframe to conduct that study. Given the unique complexity of the lake’s
chemistry, it seems unrealistic to expect that qualified numeric standards
can be established within a twoyear period. A more realistic estimate
might be three to five years, given the time required to secure funding, to
form a steering committee and science group, to establish agreeable study
parameters and protocols, to collect reliable and meaningful data, and to
derive the final numeric standards. In addition, impacts to sovereign lands
caused by depositing contaminants on the lakebed will need to be studied
and addressed.
Both of the Integrated Designs must be challenged because of their reliance
on discharging concentrated contaminants to a navigable and sovereign
waterway. Even though we support the Minimum Integrated Design over
the other proposed alternatives, both Integrated proposals are unacceptable
because they allow for the discharge of contaminated concentrates into
Great Salt Lake directly or secondarily from the Kennecott Tailings
Impoundment through use of Kennecott’s current UPDES discharge permit.
The possibility of discharging concentrates from the Tailings Impoundment
has not been adequately illustrated in the schematic flow charts provided in
the June 2004 Report. Approval of either Integrated Designs should also be
delayed until an adequate contaminant study can be conducted for Great
Salt Lake, both in terms of impacts to water quality and sovereign lands.
B. Potential new or increased impacts to public trust resources
As stated above, we support the proposed Minimum Integrated Design over
the other alternatives given. However, each alternative forwarded for public
review allows for potential new impacts to public trust resources, which
conflicts with the intent of CERCLA.
The Jordan River is a constantly gaining waterway that relies on
Response to Email No. 0407 (attached letter, cont.)
77:The Trustee’s approval of the project does acknowledge the need to
investigate and appropriately select a disposal option for the RO concentrate
from the Zone B facility. The Trustee has the flexibility to approve this
project with the understanding that the disposal option will be selected after
the appropriate information pertaining to selenium and transport in the
Great Salt Lake environment is developed.
Also, see the Response to Common Comment No. 9.
78: See the response to Common Comment No. 6 and No. 9.
Please note that the JVWCD has acknowledged that their selection of a
disposal option will be based upon the information known at the time of a
permit application. If there is still a lack of understanding on the fate and
transport of selenium within the Great Salt Lake environment, the District
has stated they will look to utilize the Kennecott North Expansion
Impoundment as the disposal point for Zone B RO concentrates. Also, see
the Response to Common Comment No. 7.
79: See the Response to Common Comment No. 7.
710: See the Response to Common Comment No. 9 and No. 13.
76
77
78
79
77
710
711
Email No. 0407 (attached letter, cont.)
groundwater accretion from the shallow aquifer to maintain instream flows.
Several potential impacts would be caused by the proposed removal of
shallow groundwater in Zone B near the Jordan River. Depletion of
instream flows would seriously impact water quality, fish and wildlife
habitat, and recreational boating opportunities in the Jordan River. My
organization has been working on a recreational boating master plan for the
Jordan River since 2002. Because of its navigable status, recreational
boating on the Jordan River should be considered a primary public trust
value at risk from the proposed cleanup alternatives. We believe that all
three proposals will negatively impact the future development of
recreational boating opportunities on the Jordan River, and that the Separate
Design creates the greatest impact to this use.
We also believe that recreational use of the Great Salt Lake will be further
impacted by the discharge of concentrates into the lake. Currently, local use
of the south shores for swimming is very limited due to fears of contact
with contamination from Kennecott discharges. Tourists seem to be the only
people that swim in the lake any more, because they don’t know about
current or anticipated discharges. We believe that additional discharges into
the lake will reduce the already limited recreational swimming use at the
south shores.
Additional potential impacts connected to the proposed alternatives include
the loss of wetlands and damage to federally funded restoration projects
along the Jordan River corridor. Currently, the JVWCD is conducting a
wetlands impact study related to withdrawal of shallow groundwater from
the Jordan River system. Those results have not yet been published or
agreed upon by the stakeholder group, and should be considered by you as
Trustee before making a final determination. This provides another
justification for delaying your final approval of any proposed cleanup
alternatives.
Of the three alternatives, we believe the Minimum Integrated Design causes
the least impact to the groundwater recharge regime of the Jordan River,
and therefore would cause the least additional harm to existing resource
values.
Response to Email No. 0407 (attached letter, cont.)
711:The depletion of instream flows of nearby water bodies, is part of the
application review process of the Division of Water Rights when
approached by an entity proposing to develop a particular water right within
the Salt Lake Valley. The Division review follows the guidelines stated
within the Salt Lake Valley Groundwater Management Plan. All water
rights for this particular project are required to be approved by the State
Engineer.
711
711
75
75
710
Email No. 0407 (attached letter, cont.)
C. Possible extra benefits to project proponents
Under the terms set forth in the Consent Decree and CERCLA regulations,
project proponents are not to receive extra benefits from the cleanup plan.
Under each proposal, the JVWCD will reap extra benefits in terms of
development of infrastructure to extract, process and deliver shallow aquifer
water for anticipated future M & I development plans. In the near future,
and during the life of the cleanup project, JVWCD plans to drill more than
300 additional wells to access groundwater from the shallow aquifer.
Though always discussed as separate projects, the cleanup plan actually
creates advantages for the Water District’s Shallow Wells program in terms
of cost, shared infrastructure and permitting, which is arguably not in
keeping with the intent of the Consent Decree or CERCLA. We recommend
that an alternative be approved that creates a definitive separation between
the cleanup plan and future water development plans by the JVWCD.
III. Summary of comments
In summary, Great Salt Lakekeeper Inc. does not support any of the three
cleanup alternatives proposed in the June 2004 Report to the Public. We
reject the Separate Design completely and can only mildly support the
Minimum Integrated Design alternative. We further recommend that you
delay your final approval of any alternative until the completion of the
selenium study is completed and agreed upon by all stakeholders, and until
such time that qualified numeric standards can be established for selenium
and a related suite of contaminants including mercury, copper, chromium,
iron and TDS.
In addition to our recommendation for delaying approval, we request that
you consider making any approval conditional or provisional in order to
allow for the collection and assessment of relative data and the outcome of
public review processes. We also encourage you to make provisions for
adequate consideration and testing of new technologies that can achieve
cleanup goals and eliminate secondary or new impacts to the Great Salt
Lake watershed system.
And finally, we believe that cost should not be ultimate deciding factor in
Response to Email No. 0407 (attached letter, cont.)
712:The referenced development of shallow groundwater resources by the
JVWCD are beyond the scope of the Trustee’s consideration with the
current NRD proposed project. The JVWCD’s ability to enlarge their
extraction program of the shallow aquifer is within the jurisdiction of the
State Engineer.
713: See the Response to Common Comment No. 12. 712
75
77
77
713
Email No. 0407 (attached letter, cont.)
choosing a final alternative. Given that the court has determined dollar
amounts for this plan, we feel that polluters should bear the full costs of
cleanups, without causing additional impacts or social costs to the public.
Thank you for allowing the public to comment on this phase of the cleanup
plan.
Sincerely,
Jeff Salt
Executive Director and Lakekeeper
Response to Email No. 0407 (attached letter, cont.)
713
Email No. 0408
From: [TA Belchak]
To: <nrd.trustee@utah.gov>
Date: Mon, Aug 2, 2004 11:54 PM
Subject: !995 Consent Decree
Dr. Dianne Nielson
As a member of LANCE Consulting Group, L.C. we hereby request on
behalf of ourselves and our clients, an additional comment period to begin
on or about 15SEP2004 to extend 45 days.
The purpose of this new comment period is to continue the dialogue
regarding the actual implementation of the Consent Decree.
It is our considered opinion as of this date, which is the close of the
reopened comment period of the 2003 comment period, that the 1995
Consent Decree is being modified without Judiciary (The Court) approval.
We hereby request that the Attorney General of the State of Utah be
consulted and the opinion of the Attorney General be written in a timely
manner to coincide with the opening of this new comment period. It is our
considered opinion that if any terms of the courtordered contract (Consent
Decree) are modified, it is the duty of the Trustee to obtain court direction
with respect to any of these modifications to the 1995 Consent Decree.
In the review of the process regarding Kennecott Utah Copper
Corporation(KUCC) efforts to comply with the Consent Decree, we object
to the proposed "joint" proposal as not allowed under the Consent Decree.
Also, on approximately page 20 of the "joint" proposal, is a reference to
"attachment 16" of the Consent Decree. It is suggested by the
communication that there are NO ATTACHMENTS to the Consent Decree,
and therefore the "joint" proposal is in error, and LANCE Consulting Group
is opposed to perpetuating error.
We hereby request that the Trustee no longer consider a "joint" proposal,
and we look forward to the new comment period to open on or about
15SEP2004.
Response to Email No. 0408
81: The Trustee believes that sufficient time has been provided (see
Response to Common Comment No. 1) for the public to review and provide
concerns on the proposed project. The Trustee has elected not to provide an
extension of time to the reopened comment period or to provide an
additional comment period (as requested).
82: The Joint Proposal and agreements do not require a modification of
the Consent Decree. See the Findings and Conclusions of the Trustee.
83:The term “joint” is language selected by the proposing parties.
Kennecott (under the Consent Decree) was provided the ability to propose a
project which contained the contaminated plumes and provided municipal
quality water to the public in the Affected Area. The water is required to be
provided through a purveyor of municipal water with defined water rights.
Hence the District joined Kennecott to propose a mutually agreed upon
project to the Trustee.
84:The reference to attachment 16 should have been referred to the
Supporting Document of the Consent Decree. Though the Consent Decree
states that the Supporting Document is not part of the Consent Decree, it
does provide the underlying basis for the Consent Decree.
85: See the response to Comment No. 81 above. See also, Response to
Common Comment No. 1.
81
82
83
84
85
Email No. 0408 (cont.)
We desire that our previous comments be answered prior to this new
comment period, which hopefully will be provided to discuss any solutions
that the owners of Kennecott feels are appropriate for the remediation of our
aquifer.
Cordially,
Tom Belchak
LANCE Consulting Group, L.C.
1780 W. 9000 S.
Suite 301
West Jordan, UT 84088
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Response to Email No. 0408 (cont.)
86: All comments received during the public comment periods for this
proposed project have been responded to.
86