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Interim Cleanup Measures To Begin
U.S. Environmental Protection Agency Region 5 has reached agreement with responsible
parties to address an ongoing release of highly-alkaline leachate into Lake Michigan
from cement kiln dust piles at the Bay Harbor Golf Club near Petoskey, MI. Leachate
is produced when rain and ground water flow through a waste disposal area.
The agreement, called an administrative order on consent, requires two units
of CMS Energy - CMS Land Co. and CMS Capital LLC - to take immediate steps
to control releases from the cement kiln dust piles. EPA will provide direction
and oversight. Bay Harbor Co. and Bay Harbor Golf Course have each agreed
to
provide access to allow CMS to carry out these activities.
As part of these interim measures, a comprehensive investigation will be
conducted under EPA direction and oversight. The results of this investigation
will be
used in designing a long-term remedy for the cement kiln dust piles. The
Michigan Department of Environmental Quality will negotiate an agreement
with the responsible
parties for implementation of the remedy based on the investigation.
Under the order, CMS is required to immediately install an interim recovery
system to prevent large volumes of the cement kiln dust leachate from
entering Little
Traverse Bay and to maintain the system until long-term measures are
complete and shown to work. In addition, CMS will construct fencing or other
engineering
controls to restrict access to the leachate areas.
Beginning in 1994, the area where the cement kiln dust piles are located,
a former cement plant, was developed into a resort and golf course.
In August and September
2004, leachate from piles was seen discharging into Lake Michigan.
Investigations by EPA and MDEQ showed that the leachate contains a high pH
level, which
may cause burns and other health effects. There are also indications
that the leachate
contains mercury and other contaminants. In September 2004, MDEQ required
responsible parties, including CMS, to restart a leachate collection
system that had been
shut down. Subsequent investigations by EPA and MDEQ determined that
the collection system was not adequate to address conditions at the
site and
that further measures
would be required.
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