Final Cotter report released — The Pueblo Chieftain

October 1, 2014

From The Pueblo Chieftain (Tracy Harmon):

Federal public health representatives who studied health concerns for Lincoln Park Superfund site residents living near the Cotter Uranium Mill issued a final report last week. The 260-page report includes comments made by citizens following its initial 2010 release. Many of the comments from citizens indicated the report was confusing, so o’cials with the Agency on Toxic Substances and Disease Registry attempted to clarify some of the confusion.

The Cotter Uranium Mill processed yellowcake uranium from 1958 to 1987 before going into sporadic operations. The mill has not processed uranium since 2006 and Cotter officials, along with state and federal health officials, are working toward a full cleanup of the site which has been on the Environmental Protection Agency’s Superfund list since 1984.

The health report concludes that drinking water for many years from a private well that contains elevated levels of molybdenum and uranium could harm people’s health. Although nearly all residents who have contaminated wells have been hooked up to the city water supply, some still use the wells to irrigate.

During 2008 testing, one of the seven wells exceeded the drinking water standard for molybdenum. The owner of that well declined to be connected to the municipal water system, according to the report.

“The groundwater remains contaminated and the contaminant plume can migrate to previously uncontaminated wells. Therefore, a future potential pathway also exists for other private wells until the contamination is cleaned up and no one is drinking contaminated well water,” according to the report.

The State Engineer’s Office is required to tell all well applicants who want to drill for water that there is potential contamination.

The report also concludes that accidentally ingesting or touching soil or sediment in the Lincoln Park community will not harm people’s health.

“However, there is not enough information for the agency to determine if exposures to lead will harm people’s health in residential communities immediately northwest of the Cotter Mill,” the report indicates.

Although soil north and west of the Cotter Mill is contaminated with high levels of lead, there were no elevated levels of lead in the blood of children and residents tested.

The report also concludes that a person eating an average amount of homegrown fruits and vegetables defined as approximately 1cups per day will not experience harmful health effects. However, people who eat a lot of fruits and vegetables, defined as approximately 5 cups per day from their Lincoln Park gardens over a long period of years, may be at risk from exposure to arsenic.

The agency, “was unable to determine the source of the arsenic found in the fruits and vegetables; it could originate from natural sources. The agency recommends that residents who have gardens wash their homegrown produce thoroughly before eating it,” according to the report.

Finally, the agency’s report concludes that, “Air emissions of particle bound radionuclides have not resulted in exposures to the public at levels known to cause adverse health outcomes. Outdoor radon concentrations will not harm people’s health.”

“With the exception of thorium-230 levels observed in 1981 and 1982 that were associated with excavation of contaminated tailings, every radionuclide monitored has been more than a factor of 10 below annual dosebased health limits to the public. The excavation releases appear to have only exposed onsite workers, but that exposure still was below occupational limits at that time,” according to the report.

To view the final report, go to http://recycle4colorado.ipower.com/Cotter/Lincoln%20Park/140922lincolnparkpublichealthassessment.pdf.

From the Colorado Independent (Bob Berwyn):

When rainstorms sent a surge of muddy debris down Sand Creek late this summer, people living near the defunct Cotter Uranium Mill were thinking, “Here we go again!”

A big 1965 flood washed radioactive sludge toward the nearby Lincoln Park neighborhood, a foothill community near Cañon City where residents have horses and apples trees in their backyards. The plume of poisoned water spread underground. Fifty years later, there are still three wells in Lincoln Park where the uranium concentrations are above state standards set to protect human health.

This year’s late summer rainstorms gummed up critical pumps and pipes, part of a system built to prevent radioactive waste from escaping the polluted 2,600-acre Cotter property, which has been designated as a high priority federal Superfund cleanup site for the past quarter century.

The fact that a series of checks on dams and underground barriers showed they apparently worked the way they’re supposed to during the recent floods is small comfort to some Lincoln Park residents who worry about continued health risks and complain that state and federal regulators are still dragging their feet on the long-mandated cleanup.

“I realize the surface water is getting captured pretty well, but we’ve asked for better monitoring of groundwater, and we’ve been refused over and over again,” said Lincoln Park resident Sharyn Cunningham.

“We’ve asked them to do scientific studies to show there is no underground movement of water and they’ve refused numerous times,” she added, noting that uranium levels in the groundwater on the Cotter property are “horrendously high.”

In the wake of the most recent flooding, concerned locals say Cotter and the government officials tasked with overseeing the cleanup seemed to be defying a new state law that sets deadlines for inspections and reporting.

Kindergarten Rules

Cunningham and other residents want the U.S. Environmental Protection Agency and the Colorado Department of Public Health and Environment to lean on the Cotter Corporation harder to accelerate the cleanup effort. The company is a Denver-based subsidiary of General Atomics, a corporation with lucrative federal nuclear contracts. Cotter owns or controls 15 uranium and vanadium mines in southwest Colorado with an estimated 100 million pounds of ore. Watchdogs say the company has plenty of money to pay for a cleanup, and that big corporations — especially ones with government contracts — ought to play by the same simple kindergarten rules that apply to the rest of us.

“You make a mess, you clean it up,” said Travis Stills, an environmental attorney representing Colorado Citizens Against Toxic Waste. At the Cotter site — which is so close to Cañon City and upstream from the Arkansas River — the best option would be to dig up most of the toxic radioactive waste and move it to a geologically stable and remote site where it would pose the least threat to people and the environment, watchdogs say.

The mill started producing uranium oxide, or yellowcake in 1958 as part of the Cold War nuclear arms buildup. The concentrated uranium powder is the raw material for fissionable nuclear fuel. According to Cunningham, who curates an extensive library of documents related to the site, some of the waste came from the Manhattan Project, America’s WWII atom bomb effort.

Up until 1980, Cotter dumped radioactive waste into unlined ponds. It wasn’t until 1988, 30 years after Cotter started operation, that the state required the company to build a groundwater barrier to trap tainted water and pump it back up into evaporation ponds on its property.

Along with uranium, toxic materials at the Cotter site include radium, polonium, thorium and heavy metals like mercury, molybdenum, thorium and radioactive lead. Intermittently, Cotter processed those materials with other toxic chemicals, including nitric acid and hydrochloric acid — all combining into a poisonous brew. Many of the pollutants are known to have human health impacts, including an increased cancer risk.

“It makes fracking fluid look good enough to drink,” Stills said.

In 2010, monitoring revealed a potential new threat — volatile organic compounds had started showing up in the site’s groundwater. Specifically, testing detected Trichloroethylene, a known cancer-causing chemical used mainly as an industrial solvent, suggesting the chemical may have been introduced to the water as Cotter dismantled some of the old facilities on the site.

An updated federal health assessment completed earlier this month details potential health risks linked with exposure to the toxic materials stored at Cotter. The report was published by the U.S. Department of Health and Human Services, and includes a detailed timeline of the decades-long, on-and-off efforts to decontaminate property.

The Colorado Department of Public Health and Environment defends its work overseeing the cleanup, including diligent groundwater monitoring that shows the plume of contaminated groundwater beneath Lincoln Park has shrunk in recent years.

“We take our mission to protect public health and environment seriously,” said Warren Smith, the state’s liaison at the Cotter site. Smith said two inspections, on Aug. 25 and Sept. 23, showed no sign that contaminated water leaked off the property. Aside from the pumpback failure, he said the rest of the site’s containment system, including key dams, worked as intended during the recent floods.

“Cotter is required to report these incidents and they have been.”

Smith said there are three wells in Lincoln Park where the uranium concentration is above the state standard of 30 micrograms per liter. The concentrations in these wells are less than 40 micrograms per liter.

Snail-Paced Cleanup

Environmental concerns about the Cotter Mill are nothing new. The state started demanding a cleanup way back in 1983 by filing a complaint under the Superfund law, formally called the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

The Cotter Corporation challenged the move in court, setting the tone for decades of mistrust. Years of missteps and withheld information has done nothing to convince residents that the company is meeting its cleanup obligation, Stills said. This year’s breakdown of the pumpback system is just the latest in a long list of snafus at the mill site, including previous pipe failures 2010, 2012 and 2013.

“The same people have been making the same mistakes for decades,” said Stills, noting that the string of contaminated waste releases shows that state and federal oversight have been lax at best. As he sees it, Cotter has been gaming the system for 30 years, and that state health officials have played along.

“To me, it suggests consistent contempt by CDPHE staff for the community perspective,” Stills said.
The biggest concern is that the mill’s entire aging containment system could be vulnerable to catastrophic failure that could put thousands of people at risk. The site is about 1.5 miles north of Cañon City. The closest neighbor is a quarter-mile away. About 6,000 people live within about a two-mile radius of the mill, and about 20,000 people live within five miles.

About Time?

In July, Cotter Corporation, the Colorado Department of Public Health and the Environment and EPA signed a deal that spells out Cotter’s legal obligation to start working on a final cleanup plan. The agreement is a required step in the federal Superfund process. The public can comment on the proposed agreement until October 27 at Regulations.gov or in writing to by contacting EPA Enforcement Specialist Virginia Phillips.

“EPA is aware of recent incidents involving the pumpback system at the Cotter facility, including incidents related to flooding events and an occurrence of pipe damage which has since been repaired,” said Rich Mylott, a spokesman for the EPA, which will work with the CDPHE to investigate the pumpback system breakdown.

Cunningham and other residents are skeptical that the Cotter Corporation will do a thorough cleanup unless state and federal officials keep a close, diligent watch.

“The community doesn’t trust Cotter and CDPHE to do these things in private,” she said. “Two years ago, they promised us a roadmap toward cleanup, and we haven’t put one foot on that road yet.”

The Superfund cleanup deal may also have some loopholes.

Watchdogs want the state and feds to investigate what other companies besides Cotter may have contributed to contamination at the mine. That would help identify all the toxic materials at the site. They also want Cotter and government regulators to gather more detailed information on groundwater movement, including a tracer study, which involves adding a chemical marker to the water upstream, then monitoring when and where it appears downstream — a common way of tracking pollutants.

The EPA and the CDPHE are now on the same page on the Cotter cleanup so Cunningham is more hopeful that there will, someday, be a final resolution, said Cunningham, who lives less than a mile from the contaminated site.

Until then, she plans to keep watching the agencies closely. History has shown, she said, that somebody needs to keep watch and keep pressing for completion of the cleanup in the face of Cotter’s continued resistance and delays. Both Stills and Cunningham said they think the company has too much sway with regulators, who seem to be more responsive Cotter than to residents living near its mill’s mess.

“You just get up every day and do what you can,” Cunningham said. “This is a terribly contaminated site, and somebody has to make sure the authorities in charge are doing the right thing and are not just being influenced by Cotter.”

More Lincoln Park/Cotter Mill superfund site coverage here and here.


Public comment period open for Cotter Mill license

July 21, 2014
Lincoln Park/Cotter Mill superfund site via the Environmental Protection Agency

Lincoln Park/Cotter Mill superfund site via the Environmental Protection Agency

From The Pueblo Chieftain (Tracy Harmon):

Public comment is being accepted on the process of licensing the Cotter Corp. Uranium Mill until decommissioning is complete. A total of six new documents are available for comment until Sept. 16. The documents outline the radioactive materials license changes that Cotter officials will operate under while cleaning up the mill site.

The mill has not processed uranium since 2006 and Cotter officials, along with state and federal health officials, are working toward a full cleanup of the site which has been on the Environmental Protection Agency’s Superfund list since 1984. Although the state will not terminate the license until all decommissioning, remediation and reclamation activities are complete, provisions in the license need to change.

The site can no longer be used to produce yellowcake from uranium and only the Zirconium ore that already is on site will be allowed there. The cleanup of the site will address an impoundment that has been used to store tailings and the recently torn down mill buildings. Cotter officials have agreed to set aside a financial assurance of $17,837,983 to cover the cost of decommissioning activities. In addition, a longterm care fund will cover post-license termination activities. The $250,000 fund was created in 1978 and has grown to $1,018,243 through interest payments.

The documents pertaining to the license changes and a map of the Cotter Mill site can be viewed at http://recycle4colorado.ipower.com/Cotter/2014/14cotterdocs.htm. Comments should be sent to Warren Smith, community involvement manager for the state health department via email at warren.smith@state.co.us or mailed to Smith at Colorado Department of Public Health, 4300 Cherry Creek Drive South, Denver, CO 80246-1530.

More Lincoln Park/Cotter Mill superfund site coverage here and here.


The Resurrection Mining Co. files change of use on Twin Lakes shares to augment depletions at the Yak Tunnel treatment plant

July 3, 2014
Yak Tunnel via the EPA

Yak Tunnel via the EPA

From The Leadville Herald (Danny Ramey):

The Resurrection Mining Company has filed for approval of an augmentation plan that would allow it to use water shares to replace water depleted from the Yak Tunnel and water treatment plant. Under the plan, the company would use shares it owns in Twin Lakes Reservoir to replace water depleted by its operations in California Gulch. Resurrection filed an application for approval of the augmentation plan with Division 2 of the Colorado Water Court on May 20.

Resurrection currently owns 22 shares of water in Twin Lakes. Twelve of those shares are included on a provisional basis, meaning Resurrection can remove those shares from the plan or use it for purposes other than what it was originally approved for.

In its plan, Resurrection estimates that depletions from its plant range from 3 to 7.7 acre feet of depletions a year. The plan seeks to augment five structures owned by Resurrection. Of those structures, only two cause water depletion, according to the plan. Water depletes from the Yak Surge Pond and the Yak Treatment Plant via evaporation, and some also leaves the treatment plant through the disposal of residuals used in water treatment. The water shares from Twin Lakes would be delivered to the intersection of Lake Creek and the Arkansas River under the plan.

ASARCO and Resurrection have been using water from Twin Lakes to replace depletion from their operations at the Yak since 1989. However, they have been doing so under substitute water supply plans, which expired June 14, 2014. Resurrection’s application would provide for a permanent water replacement plan. The application also asks the division to renew the substitute water supply plan.

Resurrection and ASARCO entered into a joint agreement to develop mine sites in the Leadville area in 1965. The Yak Treatment Tunnel was originally under title to ASARCO. However, when ASARCO went bankrupt, Resurrection assumed the title.

More Arkansas River Basin coverage here.


Clear Creek Courant series [Part 1] about the past, present and future of Clear Creek

June 18, 2014

Graphic via the Clear Creek Watershed Foundation

Graphic via the Clear Creek Watershed Foundation


Check out Ian Neligh’s retrospective about Clear Creek and the heydays of mining and logging (The Clear Creek Courant). Click through and read the whole thing. Here’s an excerpt:

Editor’s note:This is the first installment of a three-part series examining the past, present and future of Clear Creek…

Gold

There’s a monument in Idaho Springs hidden away in the parking lot of the former middle school. The giant boulder pays tribute to George Jackson, an adventurer and fortune hunter, who discovered gold in Clear Creek 155 years ago.

According to Don Allan, vice president of the Idaho Springs Historical Society, Jackson’s curiosity to follow the creek west into the mountains with only a couple of dogs by his side led to the country’s second largest gold rush.

Like a row of dominoes, Jackson’s discovery led to an onslaught of pioneers and ultimately in 1876 to the formation of a state.

“(Jackson) decided to go over and take a look down at the crick, and his curiosity brought him here to the confluence of Chicago Creek and Clear Creek,” Allan said. “When I talk with people about our community and how we got here, it was because of one man’s very good curiosity and a piece of gold.”

Jackson discovered gold in January, and by June, more than 400 people had settled in the area.

Natural hot springs drew more people into the area. Allan said in the Idaho Springs museum’s photography collection, there’s a photo of more than 50 employees standing in front of the hot springs.

“Once the stream was panned out, they panned all the gold out of the crick. Then they had to dig and make mining mills,” Allan said. “And this crick was integral to the milling of all the gold and silver in this area.”

The creek was used to support the mining industry such as the Mixel Dam in Idaho Springs, which was formed to help power mining mills and to create electricity. In 1864, silver was discovered to be the main mining mineral in Georgetown, and by 1877, the railroad reached Idaho Springs.

According to “A History of Clear Creek County,” the area at one point had 48 different towns with names such as Red Elephant, Freeland and Hill City. It is estimated that several thousand mines crisscrossed the mountains around Clear Creek as people sought their fortunes first along its banks and then in its mountains.

Those unlucky in gold sometimes found their way into the county’s second largest industry: logging. Early photos of the surrounding hillsides show them stripped of trees. But in time, the mining and logging industry waned, the frenzy slowed and the towns disappeared until there were only four municipalities left: Idaho Springs, Georgetown, Empire and Silver Plume. By World War II, the county’s mining industry has come almost to a complete halt.

But the stream once called Cannonball Creek, Vasquez Fork and lastly Clear Creek remained.

More Clear Creek watershed coverage here.


The Resurrection Mining Co. files change of use on Twin Lakes shares to augment depletions at the Yak Tunnel treatment plant

June 18, 2014
Yak Tunnel via the EPA

Yak Tunnel via the EPA

From The Pueblo Chieftain (Chris Woodka):

The Resurrection Mining Co. has filed its plan in water court to permanently replace flows to the Arkansas River water from its Yak Tunnel reclamation plant.

According to a court filing in May, the company plans to dedicate 10 shares of Twin Lakes water to flow down Lake Creek to replace the water it is capturing and cleaning at the Yak Tunnel plant and surge pond about 1 mile southeast of Leadville.

The water court application formalizes an arrangement that has been in place since Resurrection took over operation of the Yak Tunnel from ASARCO after a bankruptcy filing in 2005.

ASARCO began operating the Yak Tunnel plant in 1989 following federal court decisions that required mining companies to intercept and treat drainage from mine tunnels. Twin Lakes shares were leased until the company bought its own shares in 1994.

Depletions amounted to 3-7.7 acre-feet (1 million- 2.5 million gallons) annually from 2006-13. Replacement for those flows were replaced under a substitute water supply plan, an agreement administered by the state Division of Water Resources.

The tunnel, like others in the area, originally was drilled to dewater mines and increase productivity. However, the drainage includes heavy metals that diminish water quality and endanger wildlife. The surge pond captures water that escapes from tunnels and allows the water treatment plan The court filing assures that an operating plan is in place, regardless of how much water is needed in any given year to replace depletion.

More water pollution coverage here.


Denver Water recycled water for the Rocky Mountain Arsenal? CDPHE says not so fast.

May 20, 2014
Rocky Mountain Arsenal -- 1947

Rocky Mountain Arsenal — 1947

From The Denver Post (Bruce Finley):

Even with Colorado’s push to rely more on recycled water, the Rocky Mountain Arsenal National Wildlife Refuge will spend another summer using millions of gallons of Denver’s drinking water to fill lakes and irrigate fields after a recent decision by state health officials.

Federal wildlife biologists calculate they’re drawing more than 82 million gallons of Denver drinking water a year to fill three once-toxic lakes at the refuge, formerly a nerve gas and pesticides plant that became an environmental disaster.

“This refuge needs water, and using recycled water to fulfill a portion of our needs is a wise choice for the future,” refuge manager Dave Lucas said. Denver recycled water “meets our needs and allows millions and millions of gallons of drinking water to be put to better use by Denver residents.”

But the Colorado Department of Public Health and Environment last week reaffirmed its position that the refuge must go through a process of proving why it should be allowed to use water that is not as clean and submit to an Environmental Protection Agency review.

A $2.1 billion cleanup of toxic pollution included restoration of the lakes for catch-and-release fishing and to store water, which wildlife managers use to irrigate the 27-square-mile refuge — habitat for bison and other species.

Until the drought of 2002, High Line Canal agricultural water trickled into the lakes. Groundwater pumping added more water. CDPHE at some point — it was not clear when — reclassified the lakes as water supplies, and refuge managers made a deal with Denver to use drinking water, which started in 2008.

Then, in 2009, CDPHE reclassified the lakes as water bodies, meaning “an important social or economic development” reason for allowing lesser-quality water must be demonstrated. State officials, on an emergency basis in May 2013, agreed to remove the water supply classification on the refuge lakes but still require the proof of a public purpose before water quality can be reduced.

Frustrated refuge managers, backed by Denver Water and the Denver Museum of Nature & Science, have been pressing to use recycled water and putting in the plumbing to do so.

Denver Water has spent more than $197 million installing a citywide 80-mile network of pipelines that distribute partially treated recycled water to parks, golf courses and the Denver Zoo. The museum uses recycled water in its new heating and cooling system.

All sides agree that using more recycled water is a priority.

But CDPHE Water Quality Control commissioners on May 13 voted 5-4 to reject a request to reconsider — so the refuge must go through a “necessity of degradation demonstration” review to be able to use recycled water.

“We want to support use of recycled water. But we cannot do it by bending the rules,” CDPHE water quality standards chief Sarah Johnson said. “The best solution is for them to complete the necessity of degradation determination. It isn’t a heavy lift. We have promised to help.”

U.S. Fish and Wildlife Service managers of the refuge say the analysis for the review would not cost much but would require spending $10,000 to $15,000 a year more for water monitoring. They said new analysis would have to be done every three to five years, tied to permitting, creating uncertainty because state officials could ask for operational and infrastructure changes during reviews.

Lucas said even if they were to have something to present by the June commissioners’ meeting, it would be October at the earliest for the water switch if everything was approved.

Denver Water officials have been working aggressively since 2004 to increase use of recycled water, saving 7,000 acre-feet of drinking water a year, utility recycled water director Jenny Murray said.

Switching to recycled water at the refuge is the correct solution, Murray said. “It’s the right use because we are trying to preserve drinking water supplies for a growing population in a water-scarce region. Using drinking water for uses that do not require drinking water is wasteful.”

Denver Water attorneys in a May 6 letter to CDPHE argue that state lawmakers have ordered efforts to “encourage the reuse of reclaimed domestic wastewater.” Denver Water contends CDPHE decisions undermine state policy, waste public resources and defy common sense by imposing a needless bureaucratic burden.

One of Denver’s new recycled water pipelines runs by the Denver Museum of Nature & Science to the refuge. A steady, year-round flow of recycled water in that pipeline is required to ensure sufficient flow to run the museum’s innovative new geothermal heating and cooling system, which was funded by a federal grant to boost energy efficiency.

“When we designed our system three to four years ago, both Denver Water and the refuge folks felt that obtaining a permit to discharge recycled water into the lakes at the refuge would not be a problem,” said Dave Noel, museum vice president for facilities, capital projects and sustainability.

CDPHE’s stance “has got all of us scratching our heads,” Noel said.

Museum officials sent a May 8 letter to CDPHE arguing that “the loss of 17,000 acres of thriving wildlife and fish habitat due to lack of water would be a severe blow to the state and the Front Range, and simply does not make sense when a logical solution seems readily available.”

At the refuge, future water needs are projected as high as 456 million gallons a year. Beyond Denver Water, wildlife managers rely heavily on pumping water from underground aquifers into the Mary, Ladora and Lower Derby lakes — pumping they are trying to reduce by using more recycled water, which is cheaper than drinking water. They calculate the federal water bill could be cut by $30,000 a year.

A thriving bison herd is growing, with 11 calves born this spring, pushing the population to 81. An adult bison can eat around 50 pounds of grass a day. A team of biologists recently had to reduce the herd to prevent exhaustion of the short-grass prairie. Plans call for expanding bison habitat to allow a herd of 209 bison, which would roam up to the road to Denver International Airport, where a visitor viewing station is envisioned. Not having reliable recycled water will limit the bison herd and lead to decreased numbers of waterfowl, fish and grassland birds, Lucas said.

“We’re probably not going to irrigate this summer, which is bad for habitat restoration,” he said, “or we will have to drain down the lakes to irrigate.”

Lucas remains puzzled by the entire process.

“We’re talking about the same recycled water used everywhere. But somehow the refuge is different? Lots of smart people are looking at this, and no one can figure it out,” he said. “We engaged in this year-long process with hopes of fixing their error — the water supply change. Why would we want to engage in another unknown and uncertain process that will last months, if not years?”

More South Platte River Basin coverage here.


ASARCO hopes to tap into Union Pacific for some dough for Vasquez Blvd. & I-70 superfund site

May 16, 2014

unionpacificunit4065

From The Denver Post (Kirk Mitchell):

Asarco wants the Union Pacific Railroad Co. to pay for part of the cleanup of a Superfund site where arsenic leached into Denver groundwater from rail tracks.

A lawsuit before the 10th U.S. Circuit Court of Appeals says Union Pacific should reimburse Asarco for some of the $1.5 million environmental cleanup of 4 square miles near Vasquez Boulevard and Interstate 70 known as the Vasquez site, where gold, zinc, lead and other metals were smelted.

Asarco, a Phoenix-based mining and refinery company, has paid a total of $1.8 billion at 20 Superfund sites around the country, including the much larger Globeville site in north Denver.

In its lawsuit, Asarco claims that Union Pacific used mine tailings in rail beds traversing the Vasquez site. The tailings used to support the rail lines leached into surface and groundwater, resulting in elevated levels of arsenic and lead, the lawsuit says.

But Union Pacific met all of its financial obligations related to the Vasquez site in a court-approved June 2009 settlement between the railroad, the government and Asarco, said attorney Carolyn McIntosh, who represents the railroad.

“It was a full resolution,” McIntosh told a panel of three circuit court judges in Denver on Wednesday morning.

Pepsi-Cola Metropolitan Bottling Co., a New Jersey company that owns some of the property on the Vasquez site, also is named as a defendant in the lawsuit, which was filed in December 2012.

Asarco attorney Gregory Evans said the Vasquez site is just one of many around the country that Union Pacific polluted. He estimated that cleanup costs for all the sites would be in the hundreds of millions of dollars. “Union Pacific has negatively impacted human health and the environment through its use and abandonment of mining waste along (railroad tracks),” Evans said Wednesday.

Federal District Magistrate Judge Michael Watanabe previously has ruled that Asarco failed to file its lawsuit within the statute of limitations.

Asarco attorney Duncan Getchell said Watanabe erred because the effective date of the settlement involving Union Pacific and Pepsi-Cola is Dec. 9, 2012, when Asarco’s bankruptcy was finalized.

More water pollution coverage here.


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