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Issues
Kennecott Project
Current Activities
State of Utah Division of Water Quality Considers UPDES Permit Application by JVWCD
The State of Utah Division of Water Quality has received a UPDES Permit Application from the Jordan Valley Water Conservancy District. The DWQ is holding a public information session which will precede a public comment period on the permit. For more information see the Proposed Jordan Valley Water Conservancy District UPDES Permit to Discharge to Great Salt Lake page.
NRD Administrative Update
On November 20, 2009 the State of Utah, Kennecott Utah Copper, LLC (Kennecott), and the Jordan Valley Water Conservancy District (District) entered into an Amendment to the Natural Resource Damage Three-Party Agreement (dated August 31, 2004).
The Amendment:- Recognizes and authorizes a delay to the construction, completion and operation of the Zone B reverse osmosis treatment facilities. Final construction and operation of the Zone B integrated facilities is slated for April 30, 2012, instead of January 31, 2010.
- Establishes a "Firm Commitment" from the District that they will offer for sale to the Affected Municipalities (in accordance with the Project Agreement as amended):
- 3,500 acre feet of Municipal Quality Water annually from the Zone B Facilities or from other sources in lieu of water produced by the Zone B Facilities for a period of 40 years from and after February 1, 2010.
- 1,235 acre feet of Municipal Quality Water annually from the Lost Use Facilities or from other sources in lieu of water produced by the Lost Use Facilities for a period of 40 years from and after February 1, 2010.
- Provides for a disbursement of money from the Zone B ILC for construction of the 1300 West feed water pipeline.
- Establishes the interest calculation for segregated funds under the Zone B ILC for Design, Construction and Construction Retainage of the Zone B Facilities.
If you have any questions, please contact Mr. Douglas Bacon (UDEQ-DERR Project Manager) at 801-536-4282.
Five Year Review
The United States Environmental Protection Agency Region VIII (EPA) and the Utah Department of Environmental Quality (UDEQ), are involved in a number of CERCLA actions at the Kennecott South and North Zones. Most recently the EPA and UDEQ announced the completion of the first Five Year Review of the response work and remedies, performed at and selected for Operable Units (OUs) 3, 6, 7, 17 and 18 of the Kennecott South Zone (a.k.a. Butterfield Creek Five Year Review). Also announced was the start-up of the second Five Year Review for OUs 1, 4, 5, 10, 11 and16 of the Kennecott South Zone (a.k.a. Bingham Creek Five Year Review). See the following links for more information.
- Completion of the Kennecott South Zone Five Year Review for Operable Units 3, 6, 7, 17 and 18
- Startup of the Kennecott South Zone Five Year Review for Operable Units 1, 4, 5, 10, 11, and 16
Other Superfund Activities
- Agencies Motion to enter the Consent Decree for Operable Unit 2
- CERCLA Consent Decree for Operable Unit 2
- Comment Period for CERCLA Consent Decree for Operable Unit 2
- Federal District Court of Utah Enters the Consent Decree for Operable Unit 2
- Natural Resource Damage Claim
- Second Explanation of Significant Difference and Its Comment Response Summary
- Selenium Standard for the Great Salt Lake
- Southwest Jordan Valley Groundwater Project
- Withdrawal of the Kennecott South Zone Proposed Listing
Southwest Jordan Valley Groundwater Project
The project is designed to clean up ground water contaminated from historic mining activities in the Oquirrh mountains in southwest Salt Lake County. Over the next 40 years, extraction and treatment of groundwater from the contaminated zones will remove contaminants and provide municipal-quality drinking water to the public in the Affected Area. By removing contaminated water from the underlying aquifer, the project will also improve groundwater quality and prevent further migration of the contamination in the valley.
Withdrawal of the Kennecott South Zone Proposed Listing
The Utah Department of Environmental Quality (UDEQ) and the United States Environmental Protection Agency Region VIII (US EPA) announce that in early September, 2008, the proposal to list the Kennecott South Zone Site on the National Priorities List (NPL) was withdrawn. The Site was originally proposed for listing on January 18, 1994.
In September 1995, the UDEQ, US EPA and Kennecott entered into a Memorandum of Understanding (MOU). Pursuant to the terms of the MOU, Kennecott agreed to complete numerous cleanup projects for both the South Zone and the nearby Kennecott North Zone Site (not a subject of the current policy action). Upon Kennecott’s completion of the cleanup projects, the US EPA agreed to take no further action related to the final listing of the sites.
On July 2, 2008 (after construction completion of the numerous cleanup projects and the entry of the OU2 Consent Decree) the US EPA Region VIII issued, with concurrence from UDEQ, a request to US EPA Headquarters to withdraw the proposed listing of the South Zone Site. Notice within the Federal Register in early September signifies the South Zone’s withdrawal. All ongoing remedial activities will continue until final cleanup goals are attained.
Federal District Court of Utah Enters the Consent Decree for Operable Unit 2
The Utah Department of Environmental Quality (UDEQ) and U.S. Environmental Protection Agency (EPA) announce the CERCLA Consent Decree for Kennecott—Operable Unit 2 was entered today Wednesday, May 21, 2008. This culminates a negotiation effort over 4 years to complete this enforcement tool. During this process, Kennecott has and will continue to implement the selected remedy listed in the 2000 Record of Decision and clarified by subsequent ESDs.
The Consent Decree provides legal enforcement tools to the EPA and UDEQ to ensure the continued implementation of the selected remedy by Kennecott Utah Copper Corporation. The CERCLA Consent Decree was filed by the U.S. Department of Justice in federal court on July 9, 2007 and underwent a 30-day comment period ending August 18, 2007. The EPA and UDEQ evaluated comments to determine whether to either withdraw consent to the proposed Consent Decree or move the Court to sign and enter the proposed Consent Decree which took place today.
Agencies Motion to Enter the Consent Decree for Operable Unit 2
Today, April 17, 2008, DEQ and EPA have filed a Motion to the Court to have the Operable Unit 2 Consent Decree entered. As part of the Agencies decision, public comments submitted on the Consent Decree in August 2007, were considered. The Agencies have addressed the comments provided by the public, and these responses are included in the Declaration from EPA and the Memorandum of Support from the DOJ.
Provided below are the Motion to enter the Consent Decree and supporting documents:
- Motion to Approve and Enter Consent Decree
- Memorandum in Support of Motion to Enter Consent Decree
- Exhibit A: Kennecott Utah Copper—2005 Sulfate Concentrations of the Zone A Plume Map
- Exhibit B: Record of Decision—Kennecott South Zone, Operable Unit 2, South Jordan River Valley Ground Water Plumes: Dated December 13, 2000.
- Exhibit C: Explanation of Significant Differences—Kennecott South Zone, Operable Unit 2, Southwest Jordan River Valley Ground Water Plumes: Dated August 20, 2003.
- Exhibit D: Explanation of Significant Differences—Kennecott South Zone, Operable Unit 2, Southwest Jordan River Valley Ground Water Plumes: Dated June 2007.
- Exhibit E: June 2007 Explanation of Significant Difference Comment Response Summary: Dated July 3, 2007.
- Exhibit F: Letter by David H. Becker: Dated August 17, 2007.
- Exhibit G: Letter by Ivan Weber (with enclosures): Dated August 17, 2007.
- Exhibit H: Transcript of the Public Meeting “CERCLA Consent Decree, Kennecott— Operable Unit 2, Southwest Jordan Valley Ground Water Cleanup Project”: Dated August 29, 2007.
- Exhibit I: Declaration of Rebecca J. Thomas (with attachment): Dated April 15, 2008.
- Exhibit J: Kennecott Utah Copper Corporation— South Facilities Groundwater Construction Completion Report: Dated December 2006.
- Stipulation To Revise Consent Decree Reference To NCP
A Press Release was issued on April 17, 2008, regarding the Agencies actions.
For further information or questions, see our Contact Information.
CERCLA Consent Decree for Operable Unit 2
Today, July 09, 2007, DEQ, EPA, and Kennecott Utah Copper Corporation (Kennecott) announce the lodging of the CERCLA Consent Decree for Operable Unit 2. As noted previously, Operable Unit 2 is defined as the acid plume of Zone A, which is delineated by groundwater with a concentration of Sulphate greater than 1500 mgl.
Pursuant to the Consent Decree, Kennecott (with primary oversight by the State and EPA) will be required to continue implementing the following:
- Operate and maintain source controls to keep further contamination from occurring.
- Continue pumping out the groundwater acid plume in the amount of 1200 acre feet per year.
- Operate a barrier well system to keep contamination from spreading.
- Provide financial assurance in the amount of $15 million to insure continuation of the remedy work.
- Pay $5 million as reimbursement of EPA response costs (including reimbursement for State funding paid by EPA).
- Pay significant stipulated penalties if if Kennecott fails to perform its obligations under the Consent Decree.
The Consent Decree provides to DEQ and EPA enforcement tools to ensure compliance with or the provision of the items listed above.
"This agreement is the result of a partnership effort that culminates with a consent decree that allows EPA and the DEQ to ensure this remedy is implemented by Kennecott," said DEQ Executive Director Rick Sprott.
The Consent Decree as lodged is provided below:
Comment Period for CERCLA Consent Decree for Operable Unit 2
Public Comment Meeting Transcript from August 29, 2007
The proposed Consent Decree is subject to a thirty day public comment period, after which EPA and UDEQ will evaluate the comments and determine whether to either withdraw consent to the proposed Consent Decree or move to the Court to sign and enter the proposed Consent Decree. The comment period initiated as of July 09, 2007.
The Department of Justice will receive comments relating to the proposed Consent Decree. Comments should be addressed to:
Department of Justice—Environmental Enforcement Section
P.O. Box 7611 Ben Franklin Station
Washington DC 20044-7611
Comments post marked as of midnight August 18, 2007, will be evaluated by the Agencies, the Department of Justice, and the State of Utah Attorney General's Office.
Today, July 19, 2007, a notification was placed on the Federal Register acknowledging that the Consent Decree has been lodged with the Federal District Court.
The Consent Decree has been lodged with the Federal District Court of Utah and is available at the Court for review. The Consent Decree is also available for review on the Federal Register and on UDEQ's project website. Questions concerning the Consent Decree can be directed to:
| Legal Inquiries |
|
Mr. Jerry Ellington |
Mr. Fred Nelson Utah Attorney General's Office 801-366-0285 |
| Technical Inquiries | |
Ms. Rebecca Thomas |
Mr. Douglas Bacon Utah Department of Environmental Quality 801-536-4282 |
Second Explanation of Significant Difference and its Comment Response Summary
DEQ and EPA announce the completion of the second Explanation of Significant Difference and its Comment Response Summary:
A Record of Decision for the project was issued by EPA and DEQ in December 2000 under the Superfund Program authorities. It was modified by an ESD in August 2003. This ESD (June, 2007) further details the performance standards for the groundwater remedy. It also clarifies how water extracted at the barrier wells can be managed and provides for the use of State protection permits to oversee source control measures. The Comment Response Summary (July, 2007) documents formal responses to comments raised during the ESD's public review period.
Natural Resource Damage Claim
The State of Utah filed a Natural Resource Damage (NRD) Claim under the Comprehensive Environmental Response, Compensation, and Liability Act to recover damages to the ground water. A settlement agreement was reached between three parties: the State of Utah, Kennecott, and the Salt Lake Water Conservancy District (now the Jordan Valley Water Conservancy District—JVWCD). The NRD Consent Decree was approved and entered with the U.S. District Court on August 21, 1995.
The Consent Decree required Kennecott to pay a cash settlement and to provide a letter of credit, both to be placed in a Trust Fund. It allowed Kennecott to propose a project that would provide municipal quality drinking water to the Southwest Jordan Valley area and thereby receive a reduction of the Trust Fund, over time. The Executive Director of the Utah Department of Environmental Quality (DEQ), as the NRD Trustee, was given the responsibility to approve related plans and to release Trust Funds for the cleanup. On August 31, 2004, DEQ Kennecott Utah Copper Corporation and Jordan Valley Water Conservancy District signed the agreements, which implement the plan and approve trust funds for the cleanup operations. Related documents are available for review.
Because the Consent Decree required that the water be provided through a purveyor of municipal and industrial water, Kennecott entered into an agreement to work with JVWCD. Kennecott and JVWCD designed the systems for treating water to meet drinking water standards. DEQ, in coordination with the U.S. Environmental Protection Agency, approved the treatment proposal. The Bingham Canyon Water Treatment Plant, one of two plants to provide drinking water in accordance with the Consent Decree, began operating in Spring 2006.
Selenium Standard for the Great Salt Lake
The process of treating groundwater will produce selenium-bearing concentrates which will have to be handled. One proposal by JVWCD for future management of these concentrates could impact the Great Salt Lake. Any discharges to the Lake are subject to regulation and permit. Local, state and federal agencies and stakeholders are working with the DEQ Division of Water Quality to establish a numeric selenium standard for the Great Salt Lake and to determine whether or not selenium concentrate can be discharged to the Lake. For more information see the Great Salt Lake Water Quality Steering Committee Web site.
Contact Information
For more information on this project, contact Doug Bacon, Project Manager (801-536-4282).
