REV95341 - Laserfiche WebLink

Home Browse Search

APR-20-2000 TNII 04;49 Ph FAiI N0: P. 05 t3MR[ iias Not Demonstrated "that Standards Will Re Met As noted above, RMR[ admits that manganese levels will violate the ground and surface water standards in the window. BMRI couches this fact by stating "(iJn general, the concentration of sulfate and manganese decrease by a factor of approximately three along the hydrologic Oow path...." TR-23 at p. i 1, Wltile laudable, this admits that the o.04 mglL standard is still being violated, even if recent high concentrations have dccrc:ucd by this rate. See Figure 2-3, showing manganese concentrations above 1.0 mg/L in December, 1999 (latest data). I[ should also be noted that $b1Rl must be held to the 0.05 mg/L manganese standard, as well as all other standards for parameters associated with the Rito Scco stream, or table value hound water standards, whichever is more stringent. BMRI proposes to Uase ground wafer quality levels on ttomestic use standards, not surface water recharge levels. We have repeatedly argued to DMG staff in 199A and 1997 that ground water levels based on domestio use did not account For the likelihood that ground water flowing liom the pit would reach the Rito Seco Creek.l)MG rejected this based on its assumption that such recharge of the Crcck would not occur front the Yit flow. As admitted by all parties, however, (lows from the West Pit reach the Creak and Crock allttvittnt. Stream recharge is one of the "reasonably foreseeable" ground water "uses" upon which dte MLRB seu penult conditions. Tha permit conditions must be modified to account for this - tltc actual use of the water flowing from the Wcst Pit. Accordi»ely, the ground water protective levels in the NiLRi3 permit must be based on the stream standards for the Creek as estahlishetl by the Water Quality Control Cotttmission (WQCC). In this east, cash parameter level listed in the WQCC's sucam standards for this section of tha Rito Scco must be met. Far TR-28, this means that the compliance parameters must be expanded to include not only the minimal set of 5 included in TR-IS (established praor to the development of the water quality problems resulting from the West Yit), but all parantctcrs for which standards have been set. The Fact That L•levaled T.evels of pollution May Be Due to the West Pit's Alteratiot>r of the Gc:ohvdroloey of the Arca Is Not an Cxcuse to Avoid Full Compliance with Water Quality Stan ands BMRi maintaius that Ute elevated levels of pollution flowing to the Rito Scco and its alluvium :u-e primarily due to its alteration of the local hydrologic systetu because of tltc excavation and backlill of the Wcst pit. Tltat may be true. However, it nmst be remambcred that such alteration is due solely to BMRi's actions at the site. Any resulting water quality problems me the company's responsibility.