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• The WOCD also sent an effluent sample and prior toxicity reports to the EPA laboratory in Duluth, <br />Minnesota to investigate the cause oitoxicity. BME believes WOCD never heard from EPA in this regard. <br />On December 28, 1992, WQCD wrote to the mine asking either (i) to develop a control program which <br />eliminated the toxicity through treatment of the TDS or (ii) to perform a study which determined ff TDS was <br />having a toxic effect on the stream and to develop a level of TDS at the discharge point at which an <br />instream impact was not expected. On March 29, 1993, a plan was submitted to use the Rapid <br />Bioassessment Protocol III per EPA guidelines. Under this plan, the extent of impairment would have been <br />tested, if any, on the aquatic life in the White River due to the mine water discharge. It would have involved <br />sampling and testing of micro-invertebrates. Fish were not to be collected since the U.S. Fish and Wildlife <br />refused to grant permission to do so because of the endangered squawfish being planted in the river. EPA <br />did not respond to the proposal. It was not pursued because the toxicity was not reported in later samples. <br />:• <br /> <br />Permit Renewal #3 (Rev. 1/00) II.C-89 <br />