Tag: mining

  • Liability for Asbestos

    environmental Strategist, between the lines:  The California Supreme Court ruled unanimously that Employers who use asbestos can be held responsible for illnesses suffered by members of their workers’ households.

    If you are not familiar with Libby Montana, it is to asbestos what Flint Michigan has been to lead contaminated water.  In Libby, asbestos miners came home with asbestos on their clothes, so it was released into the air and breathed in by local residents and family members who contracted asbestos related illnesses.

    Most people do not realize how much asbestos is still used by U.S. business.  For those using asbestos in their business operations, share the following information with them on the California court because it has set a precedent.

    Photo Credit: http://www.aawl.org.au
    Photo Credit: http://www.aawl.org.au

    More than 1,000 tons a year for asbestos containing products

    by: Steven Kazan

    Asbestos hasn’t been mined in the U.S. since 2002. However, the country still imports the mineral from nations like Brazil, which still mines it. During the last three years, the U.S. took in more than 1,000 tons of asbestos annually.

    So where does it all go? The U.S. Geological Survey lists the chloroalkali industry as the leading user of asbestos, consuming 57 percent of mineral sources. This business uses asbestos for devices that convert brine into chlorine because the material is strong and resistant to acids and bases.

    As for the rest of the asbestos that comes into the U.S., unfortunately, some industries are still allowed to manufacture certain asbestos containing products. These include, but are not limited to:

    • Cement corrugated sheets
    • Cement flat sheets
    • Cement pipe
    • Pipeline wrap
    • Vinyl floor tiles
    • Automatic transmission components
    • Clutch facings
    • Disk brake pads
    • Drum brake linings
    • Gaskets
    • Roof coatings
    • Roofing felt
    • Clothing

     

    Liability for asbestos goes beyond workplace:

    http://www.sfgate.com/news/article/Liability-for-asbestos-goes-beyond-workplace-10658229.php

  • Liability for Asbestos

    environmental Strategist, between the lines:  The California Supreme Court ruled unanimously that Employers who use asbestos can be held responsible for illnesses suffered by members of their workers’ households.

    If you are not familiar with Libby Montana, it is to asbestos what Flint Michigan has been to lead contaminated water.  In Libby, asbestos miners came home with asbestos on their clothes, so it was released into the air and breathed in by local residents and family members who contracted asbestos related illnesses.

    Most people do not realize how much asbestos is still used by U.S. business.  For those using asbestos in their business operations, share the following information with them on the California court because it has set a precedent.

    More than 1,000 tons a year for asbestos containing products

    by: Steven Kazan

    Asbestos hasn’t been mined in the U.S. since 2002. However, the country still imports the mineral from nations like Brazil, which still mines it. During the last three years, the U.S. took in more than 1,000 tons of asbestos annually.

    So where does it all go? The U.S. Geological Survey lists the chloroalkali industry as the leading user of asbestos, consuming 57 percent of mineral sources. This business uses asbestos for devices that convert brine into chlorine because the material is strong and resistant to acids and bases.

    As for the rest of the asbestos that comes into the U.S., unfortunately, some industries are still allowed to manufacture certain asbestos containing products. These include, but are not limited to:

    • Cement corrugated sheets
    • Cement flat sheets
    • Cement pipe
    • Pipeline wrap
    • Vinyl floor tiles
    • Automatic transmission components
    • Clutch facings
    • Disk brake pads
    • Drum brake linings
    • Gaskets
    • Roof coatings
    • Roofing felt
    • Clothing

     

    Liability for asbestos goes beyond workplace:

    http://www.sfgate.com/news/article/Liability-for-asbestos-goes-beyond-workplace-10658229.php

  • America’s Toxic Mining Pools: Ticking Time Bombs?

    Environmental Strategist, between the lines:  There are hundreds of thousands of abandoned mines littered across the United States.

    Do not fool yourself and think you are in the clear once you get environmental professionals involved.  Below is a simple example of how even “environmental professionals” make mistakes.

    As you will read below, abandoned mines can release an array of environmental contaminants which can cause third party bodily injury, third party property damage, business interruption, investigation and cleanup costs, legal fees…

    This leads to the question “Who are your neighbors?”  What if a neighboring property causes contamination to come onto your property and it happens to be from an old abandoned mine and there is not an identifiable responsible party?  Under Federal law the property owner is responsible for the environmental condition of their property regardless of who caused the environmental problem.  Pollution liability insurance can protect you from pollution liabilities caused by third parties.

    There are over 500,000 abandoned mines in the U.S. containing noxious brews

    Bob Woods, special to CNBC.com

    On August 5, 3 million gallons of toxic sludge gushed out of the long-abandoned Gold King mine near Silverton, Colorado, and into the Animas River. The Tang-colored torrent, percolating with arsenic, lead and other pollutants, was inadvertently unleashed by Environmental Protection Agency (EPA) contractors attempting to clean up wastewater that’s been accumulating since the mine closed in 1923.

    Water flows through a series of sediment retention ponds built to reduce heavy metal and chemical contaminants from the Gold King Mine wastewater accident outside Silverton, Colorado, August 14, 2015.
    Brennan Linsley | AP Water flows through a series of sediment retention ponds built to reduce heavy metal and chemical contaminants from the Gold King Mine wastewater accident outside Silverton, Colorado, August 14, 2015.

    The poisonous plume ran downstream into waterways in Utah, New Mexico and the Navajo Nation, but subsequent tests reportedly show that the toxins have dissipated and the water is safe. Regardless, the episode has revealed an even more frightening, long-festering problem: There are an estimated 500,000 abandoned mines nationwide, though mostly in Western states, an unknown number of which contain similarly noxious brews that could potentially be released and contaminate innumerable water systems and adjoining lands.

    The Denver Post‘s Bruce Finley reported that “230 other old mines [in Colorado are] leaking heavy metals-laced muck into headwaters of the nation’s rivers. These old mines have leaked so much for so long, thousands of gallons a minute, that state agencies don’t track the combined toxic flow.” The EPA has calculated that 40 percent of river headwaters in the West are contaminated by acid mine drainage, which occurs when sulfides in mines are exposed to air and water, creating what’s basically sulfuric acid.

    “These are disasters we know are waiting to happen,” said Jennifer Krill, executive director of Earthworks, a Washington-based environmental group that’s been advocating for reform of a 143-year-old federal law seen as a major source of the dilemma. The General Mining Law of 1872, signed by President Ulysses S. Grant during the unbridled building of the West, permitted mining of gold, silver and other hard-rock minerals on public lands for next-to-nothing lease prices, zero royalties (unlike those paid by oil, gas and coal lessees), scant environmental oversight

    Despite numerous attempts, the law remains on the books, but that may soon change. “An entire river system turning bright orange ought to be the wake-up call for Americans that it’s time to stand up and take notice,” Krill stated.

    “If we modernize the 1872 law, we’ll start to reverse what’s going on by making sure the mining industry takes responsibility for its messes.”-Jennifer Krill, executive director, Earthworks

    Perhaps, but while the horrible images remain fresh, Rep. Raúl Grijalva, an Arizona Democrat, has already called for a congressional hearing on his recently proposed legislation to modernize the antiquated law. Essentially, HR 963—the Hardrock Mining Reform and Reclamation Act of 2015—would levy an 8 percent royalty on new and existing hard-rock mines to create a federal fund to supplement the meager public and private money currently spent on cleanup and remediation activities. Democratic Sen. Martin Heinrich of New Mexico announced that he will introduce a similar bill in the Senate next month.

    “The federal estimate for cleaning up contaminated mines is $54 billion, which I think is low-balling,” Grijalva said. “While this [Gold King] incident was a mistake by EPA, the underlying problem is the huge number of abandoned hard-rock mines that are effectively ticking time bombs threatening our rivers and our lands. Congress must provide robust funding to clean up these mines, which is exactly what my [bill] does.”

    “No one is arguing that there isn’t clearly a problem,” said Luke Popovich, vice president of external communications for the Washington, D.C.-based National Mining Association. Yet changing the 1872 law is not the solution, he said, adding that “it is just a predictable way to exploit this accident by raising a completely irrelevant issue.” He cited several post-Earth Day laws—including the Clean Water Act and Clean Air Act—that have addressed environmental concerns over mining. “We’re probably the most heavily regulated industry in the U.S.,” he said.

    Instead, the mining industry favors so-called Good Samaritan legislation, which would allow for private groups and mining companies to clean up toxic sites, but at no liability in case of spills like those into the Animas River. “We’ve discussed royalties on new mines,” Popovich said, “if they’re reasonable.” He declined to suggest a figure.

    Earthworks, meanwhile, will continue its push for reform of the mining law. “The government shouldn’t be paying for the cleanup,” Krill said, noting the EPA’s related shoestring budget. “If we modernize the 1872 law, we’ll start to reverse what’s going on by making sure the mining industry takes responsibility for its messes.”

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  • There Are 532 Superfund Sites in Indian Country! How many contaminated sites don’t we know about?

     environmental Strategist™, between the lines:  My question after you read the article below is how many contaminated sites don’t we know about?

    Under CERCLA you are responsible for the environmental condition of your property.  What if a third party contaminates your property and they do not have the financial ability to correct the problem?  Your asset has just become a liability.

    Contamination from third parties can come from air, water, soil, ground water or just over the surface of the land and below are real life examples.

    While this article points out that 25% of Superfund sites are on Tribal land, the other 75% represent and even greater impact on human health and the environment.

    Environmental Strategist™ Risk Management Tip:  Environmental insurance can protect real estate owners if third parties contaminate their property.

    Environmental Trivia Question:  Where are the highest concentration of Superfund Sites in the United States?  Answer below article.

    Kill the Land, Kill the People: There Are 532 Superfund Sites in Indian Country!

    Terri Hansen:  Indian Country Today – 6/17/14

    Of a total of 1,322 Superfund sites as of June 5, 2014, nearly 25 percent of them are in Indian country. Manufacturing, mining and extractive industries are responsible for our list of some of the most environmentally devastated places in Indian country, as specified under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the official name of the Superfund law enacted by Congress on December 11, 1980. 

    Most of these sites are not cleaned up, though not all of the ones listed below are still active. Some sites are capped, sealing up toxics that persist in the environment. In cases like the Navajo, the Akwesasne Mohawk and the Quapaw Tribe, the human health impacts are known because some doctors and scientists took enough interest to do studies in their regions. Some of those impacts may persist through generations given the involvement, as in the case of the Mohawk, of endocrine disrupters. 

    TheSalt Chuck Mine Superfund site in southeast Alaska operated as a copper-palladium-gold-silver mine from 1916 to 1941. Members of the Organized Village of Kasaan, a federally recognized tribe, traditionally harvested fish, clams, cockles, crab and shrimp from the waters in and around Salt Chuck, unaware for decades that areas of impact were saturated with tailings from the former mine. As if that weren’t enough, Pure Nickel Inc. holds rights to mining leases in the area and began active exploration to do even more mining in summer 2012, according to Ground Truth Trekking.

    The Elem Band of Pomo Indians, whose colony was built on top of the waste of what would become California’s Sulfur Bank Mine Superfund site in 1970, have elevated levels of mercury in their bodies, and now fear for their health. According to an NBC News investigation, nearby Clear Lake is the most mercury-polluted lake in the world, despite the EPA’s spending about $40 million over two decades trying to keep mercury contamination out of the water. Although the EPA cleaned soil from beneath Pomo homes and roads, pollution still seeps beneath the earthen dam built by the former mine operator, Bradley Mining Co. For years, Bradley Mining has fought the government’s efforts to recoup cleanup costs.

    The Washoe Tribe of Nevada and California requested EPA involvement in the cleanup of an abandoned open pit sulfur mine on the eastern slope of California’s Sierra Nevada that became the Leviathan Mine Superfund site. The Washoe Tribe had become concerned that contaminated waters were affecting their lands downstream, causing impacts to culture and health, environmental damage, remediation, monitoring and testing, posting of health advisories, drinking water, effects on pregnancy, and cancer. Aluminum, arsenic, cadmium, iron, manganese, nickel and thallium have beendetectedin surface water and sediment downstream from the mine. The U.S. Centers for Disease Control and Prevention (CDC) concluded that exposures could result in cancerous and non-cancerous health effects.

    The abandoned FMC phosphorus facility occupies more than 1,000 acres of the Shoshone-Bannock Tribes’ Fort Hall Reservation in Idaho, and lies within Eastern Michaud Flats Superfund site. The primary contaminants of concern at the site are arsenic, elemental phosphorous and gamma radiation. FMC left a legacy of contamination in the air, groundwater, soil and the nearby Portneuf River, which threatened plants, wildlife and human health on the reservation and in surrounding communities. The Shoshone-Bannock have long asked for a cleanup of contaminated soils, but instead the EPA’s 2012 interimremedyis to cap and fill, including areas containing gamma radiation and radionuclides.

    Answer to trivia question:  Silicon Valley