Bay Harbor - Contamination and Remediation Timeline
1917 – Formation of Petoskey Portland Cement Company.
1954 – Penn-Dixie Cement Company purchased the land and continued cement production operations.
1980 – Cement production ceased. Dundee Cement Company purchased the property and used the facility simply as a transportation center. Over the 80 years of cement manufacturing, an estimated 2.5 million cubic yards of cement kiln dust (CKD) waste was left behind on the property.
1954 – Penn-Dixie Cement Company purchased the land and continued cement production operations.
1980 – Cement production ceased. Dundee Cement Company purchased the property and used the facility simply as a transportation center. Over the 80 years of cement manufacturing, an estimated 2.5 million cubic yards of cement kiln dust (CKD) waste was left behind on the property.
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June 20, 1989 – An investigation showed detectable concentrations of arsenic, chromium, copper, lead, nickel, selenium, and zinc, but MDNR analysis of the CKD indicated that it was not capable of releasing heavy metals at concentrations of concern. Click here for the assessment.
1990 – Remainder of Site sold to Bay Resort Properties Limited Partnership. July 21, 1992 – The Land Reclamation and Improvement Authority Act is enacted in Michigan to allow large tracts of blighted land to be cleaned up and privately developed with the help of tax free bonds. The impetus for this legislation was Three Fires Pointe, the first proposed development for the land along Little Traverse Bay that is now Bay Harbor. 1993 – Bay Harbor Company teamed up with CMS Land Company, a subsidiary of CMS Energy, to develop the site. |
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June 20, 1989 – An investigation showed detectable concentrations of arsenic, chromium, copper, lead, nickel, selenium, and zinc, but MDNR analysis of the CKD indicated that it was not capable of releasing heavy metals at concentrations of concern. Click here for the assessment.
1990 – Remainder of Site sold to Bay Resort Properties Limited Partnership.
July 21, 1992 – The Land Reclamation and Improvement Authority Act is enacted in Michigan to allow large tracts of blighted land to be cleaned up and privately developed with the help of tax free bonds. The impetus for this legislation was Three Fires Pointe, the first proposed development for the land along Little Traverse Bay that is now Bay Harbor.
1993 – Bay Harbor Company teamed up with CMS Land Company, a subsidiary of CMS Energy, to develop the site.
1990 – Remainder of Site sold to Bay Resort Properties Limited Partnership.
July 21, 1992 – The Land Reclamation and Improvement Authority Act is enacted in Michigan to allow large tracts of blighted land to be cleaned up and privately developed with the help of tax free bonds. The impetus for this legislation was Three Fires Pointe, the first proposed development for the land along Little Traverse Bay that is now Bay Harbor.
1993 – Bay Harbor Company teamed up with CMS Land Company, a subsidiary of CMS Energy, to develop the site.
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July 11, 1994 – Covenant Not To Sue was negotiated and signed by Bay Harbor Company, CMS, Boyne USA, and the State of Michigan and its Department of Natural Resources.
1994 – Pursuant to the terms of agreements with the state and approvals by applicable governmental agencies, the area where the cement kiln dust piles are located was developed into a resort and golf course. July 12, 1994 – Bay Harbor Development broke ground with demolition of the cement plant smokestacks. 1995 – The eastern portion of the Site was transferred to Resort Township for development of a public park (East Park). 1995 – Michigan's cleanup statute (now Part 201 of the Natural Resources and Environmental Protection Act, 1994 PA 451) was amended to narrow liable parties to those "responsible for an activity causing a release or threat of release." |
1997 – A CKD seepage collection line (Edge Drain) was installed at what is now Seep 2.
2002 – CMS sold its remaining interest in Bay Harbor, but retained environmental responsibility for the site.
2002 – CMS sold its remaining interest in Bay Harbor, but retained environmental responsibility for the site.
2003 – CMS constructed a pre-treatment plant to adjust the pH of the CKD leachate collected and the treated leachate was then delivered to the City sewer by a constructed discharge line.
January 2, 2004 – Due to complications that caused the plugging of a line within the treatment facility, the facility was shut down allowing leachate to drain directly into Little Traverse Bay.
January 2, 2004 – Due to complications that caused the plugging of a line within the treatment facility, the facility was shut down allowing leachate to drain directly into Little Traverse Bay.
August 17, 2004 – During a routine inspection at the Petoskey Wastewater Treatment Plant, the MDEQ determined that leachate had not been collected for 8 months, since January 3, 2004.
September 3, 2004 – Based upon investigations of leachate discharges into Little Traverse Bay, officials from the Northwest Michigan Community Health Agency issued a Public Health Advisory instructing people to avoid certain areas near the shoreline along Bay Harbor, two to three miles west of the Village and Marina. Click here for the 2004 Health Advisory.
September 3-8, 2004 – MDEQ conducted an investigation regarding cement kiln dust seep discharges into Little Traverse Bay. The seep discharges for pH, arsenic, copper, mercury, nickel, selenium, vanadium, and zinc greatly exceeded Michigan’s water quality standards. Click here for the report.
September 3, 2004 – Based upon investigations of leachate discharges into Little Traverse Bay, officials from the Northwest Michigan Community Health Agency issued a Public Health Advisory instructing people to avoid certain areas near the shoreline along Bay Harbor, two to three miles west of the Village and Marina. Click here for the 2004 Health Advisory.
September 3-8, 2004 – MDEQ conducted an investigation regarding cement kiln dust seep discharges into Little Traverse Bay. The seep discharges for pH, arsenic, copper, mercury, nickel, selenium, vanadium, and zinc greatly exceeded Michigan’s water quality standards. Click here for the report.
September 2004 – The United States Environmental Protection Agency (EPA) investigated the problem at the request of the Little Traverse Bay Bands of Odawa Indians. Through treaties and decrees between the federal government and the Tribes, the federal government holds a trust and responsibility to protect tribal rights including protection of natural resources that hold great historical and cultural significance to tribal members.
September 30, 2004 – First meeting was conducted regarding the contamination of the site; participants included federal and state regulatory agencies, the Tribe, and Potentially Responsible Parties (PRP).
December 3, 2004 – Health Department officials issued a Public Health Alert for a second stretch of Bay Harbor shoreline approximately one-half mile west of the outlet of Harbor Lake to Lake Michigan, near the Bay Harbor Golf Club.
February 22, 2005 – An agreement was reached between the EPA and CMS; the Administrative Order on Consent (AOC)required CMS to take immediate steps to control releases from the cement kiln dust piles.
March 24, 2005 – Following review of laboratory analyses of samples collected by the EPA, the Public Health Advisory was extended to include East Park.
April 18, 2005 – The Public Health Advisory was extended to encompass another stretch of shoreline adjacent to a third cement kiln dust pile located just west of the Bay Harbor golf clubhouse.
July 28, 2005 – EPA approved a Final Removal Action Work Plan to address the imminent health threat at the site.
September 30, 2004 – First meeting was conducted regarding the contamination of the site; participants included federal and state regulatory agencies, the Tribe, and Potentially Responsible Parties (PRP).
December 3, 2004 – Health Department officials issued a Public Health Alert for a second stretch of Bay Harbor shoreline approximately one-half mile west of the outlet of Harbor Lake to Lake Michigan, near the Bay Harbor Golf Club.
February 22, 2005 – An agreement was reached between the EPA and CMS; the Administrative Order on Consent (AOC)required CMS to take immediate steps to control releases from the cement kiln dust piles.
March 24, 2005 – Following review of laboratory analyses of samples collected by the EPA, the Public Health Advisory was extended to include East Park.
April 18, 2005 – The Public Health Advisory was extended to encompass another stretch of shoreline adjacent to a third cement kiln dust pile located just west of the Bay Harbor golf clubhouse.
July 28, 2005 – EPA approved a Final Removal Action Work Plan to address the imminent health threat at the site.
February 15, 2006 – Removal Action Investigation/Remedial Investigation Report and Feasibility Study (RI/FS) East CKD Area Revision 0.0 submitted by CMS to regulatory agencies for review. The RI/FS outlines the extent of contamination and evaluates remedies.
April 2006 – Leachate and CKD were discovered in Village Harbor Lake.
April 28, 2006 – Officials from the Northwest Michigan Community Health Agency issued a new Public Health Advisory for Village Harbor Lake entry channel.
July 31, 2006 – Public health officials canceled one of the Health Advisories at Bay Harbor for a 2,800-foot stretch of shoreline located six tenths (.60) of a mile west of the Bay Harbor Lake entry channel.
April 2006 – Leachate and CKD were discovered in Village Harbor Lake.
April 28, 2006 – Officials from the Northwest Michigan Community Health Agency issued a new Public Health Advisory for Village Harbor Lake entry channel.
July 31, 2006 – Public health officials canceled one of the Health Advisories at Bay Harbor for a 2,800-foot stretch of shoreline located six tenths (.60) of a mile west of the Bay Harbor Lake entry channel.
June 2007 – Bay Harbor Lake Assessment Report is released. There were no signs that CKD or CKD leachate was present in or was currently impacting Bay Harbor Lake. All the water quality measurements indicated normal conditions, and no unusual physical or biological features were encountered.
November 29, 2007 – EPA ordered augmentation for three areas of the interim recovery system that were determined to be ineffective according to results from effectiveness monitoring.
February 7, 2008 – EPA and MDEQ approved a permit for a deep injection well in Star Township, Antrim County to dispose of collected leachate.
March 1, 2008 – Removal Action Investigation/Remedial Investigation Revision 0.0 and Alternatives Evaluation Revision 0.0 for West, Seep 2, Seep 1 CKD Areas submitted.
November 29, 2007 – EPA ordered augmentation for three areas of the interim recovery system that were determined to be ineffective according to results from effectiveness monitoring.
February 7, 2008 – EPA and MDEQ approved a permit for a deep injection well in Star Township, Antrim County to dispose of collected leachate.
March 1, 2008 – Removal Action Investigation/Remedial Investigation Revision 0.0 and Alternatives Evaluation Revision 0.0 for West, Seep 2, Seep 1 CKD Areas submitted.
June 4, 2008 – Removal Action Investigation/Remedial Investigation Report and Feasibility Study East CKD Area Revision 2.0 submitted.
July 1, 2008 – Public health officials issued a revised Public Health Advisory with access restrictions at Seep 1 being reduced from 1,800 feet of restricted shoreline to 930 feet.
October 2008 – Seep 1 augmentation completed; a barrier wall was installed to redirect the leachate into the collection line preventing it from reaching Lake Michigan.
July 1, 2008 – Public health officials issued a revised Public Health Advisory with access restrictions at Seep 1 being reduced from 1,800 feet of restricted shoreline to 930 feet.
October 2008 – Seep 1 augmentation completed; a barrier wall was installed to redirect the leachate into the collection line preventing it from reaching Lake Michigan.
November 2008 – Removal actions in southwest corner of Village Harbor completed.
June 18, 2009 – Public health officials downgraded the Public Health Advisory at East Park authorizing the removal of existing fencing and signage and reducing the Public Health Advisory to a notification. The notification does not restrict access or contact with the water, but is a precautionary notification to the public that lake water at the park may cause skin or eye irritation and recommends rinsing with tap water after contact with the lake.
May 2009 – Pine court augmentation completed; targeted collection well installed under golf course operational.
May 2009 – West CKD augmentation completed; approximately 10,000-13,000 cubic yards of CKD and soil were removed from the beach, replaced with clean fill, and a new collection line was installed.
June 18, 2009 – Public health officials downgraded the Public Health Advisory at East Park authorizing the removal of existing fencing and signage and reducing the Public Health Advisory to a notification. The notification does not restrict access or contact with the water, but is a precautionary notification to the public that lake water at the park may cause skin or eye irritation and recommends rinsing with tap water after contact with the lake.
May 2009 – Pine court augmentation completed; targeted collection well installed under golf course operational.
May 2009 – West CKD augmentation completed; approximately 10,000-13,000 cubic yards of CKD and soil were removed from the beach, replaced with clean fill, and a new collection line was installed.
May 2009 – Installation of a cap on approximately 28,000 square feet of lake bottom in Village Harbor was completed.
June 20, 2009 – East Park reopened to the public after CMS completed interim activities including relocation of the eastern most portion of CKD, installation of a collection line along the shore, and installation of a liner over the CKD.
July 31, 2009 – Removal Action Investigation/Remedial Investigation Revision 1.0 and Alternatives Evaluation Revision 0.0 for West, Seep 2, Seep 1 CKD Areas submitted.
July 31, 2009 – Groundwater Modeling Report for West, Seep 2, Seep 1 CKD Areas Revision 0.0 submitted.
August 31, 2009 – Alternatives Evaluation Report – East CKD Area Revision 3.0 submitted.
August 31, 2009 – Technical Impracticability Demonstration: Groundwater Restoration submitted for regulatory review to determine whether remediation of contaminated ground water to desired cleanup levels may be deemed technically impracticable from an engineering perspective.
October 29, 2009 – Bay Harbor CKD Regional Stakeholder Group is formed.
November 3, 2010 – CMS and the State of Michigan signed a deep injection well agreement requiring CMS to conduct a well evaluation to determine if an injection well located at Bay Harbor would be a feasible disposal option for collected leachate.
December 29, 2010 – The state approved a National Pollutant Discharge Elimination System (NPDES) permit under the federal Clean Water Act to discharge leachate to the surface waters of Lake Michigan.
January 10, 2011 – CMS submitted a permit application to the state and federal governments for a deep injection well in Emmet County.
April 2011 – The regulators approved the Remedial Investigation and Alternatives Evaluation (RI/AE) document outlining the results of data collection and potential final remedies for East Park. (Summary of East Park RI/AE)
May 2011 – Remedial Investigation and Alternatives Evaluation documents for the Development (Bay Harbor Properties) outlining the results of data collection and potential final remedies was approved by regulators. (Summary of Development RI/AE)
October 13, 2011 – CMS began operating a treatment facility located near Resort Township’s East Park to treat the leachate collected at East Park. The leachate is treated and discharged to Little Traverse Bay.
2012 – CMS opened a second treatment facility at Bay Harbor on the north side of U.S. 31 just east of Camp Daggett Road. This facility is to treat leachate collected at the Bay Harbor Development.
February 8, 2012 – EPA approved the Underground Injection Control permit for a deep injection well in Emmet County. Approval from the state is still pending.
June 13, 2012 – The deep injection well agreement between CMS and the State of Michigan was modified. CMS is now required to evaluate deep injection as a disposal option only if CMS fails to meet final limits for total mercury releases specified in its discharge permit, and fails to cure the problem within six months or if after July 1, 2013, CMS trucks more than 100,000 gallons a day of leachate for disposal at the off-site injection well for 90 consecutive days.
June 14, 2012 – The State of Michigan signed an agreement with CMS Land Company that will govern the long-term remedy. As part of the agreement, the primary oversight of the remediation was transferred from the EPA to the MDEQ.
June 20, 2012 – The Michigan Legislature passed amendments to Michigan's clean up law. The primary change that impacted the site was that if mercury from venting groundwater is deemed minimal, no action is required, even if it is controllable.
July 17, 2012 – CMS submitted a termination request to MDEQ to terminate provisions in the final agreement impacted by changes to Michigan’s clean up law.
August 27, 2012 – The State of Michigan granted the termination notice from CMS for the final agreement. This terminates certain obligations under the Final Agreement with respect to mercury in groundwater.
November 7, 2012 – The Health Department of Northwest Michigan lifts Bay Harbor's last remaining health advisory.
June 20, 2009 – East Park reopened to the public after CMS completed interim activities including relocation of the eastern most portion of CKD, installation of a collection line along the shore, and installation of a liner over the CKD.
July 31, 2009 – Removal Action Investigation/Remedial Investigation Revision 1.0 and Alternatives Evaluation Revision 0.0 for West, Seep 2, Seep 1 CKD Areas submitted.
July 31, 2009 – Groundwater Modeling Report for West, Seep 2, Seep 1 CKD Areas Revision 0.0 submitted.
August 31, 2009 – Alternatives Evaluation Report – East CKD Area Revision 3.0 submitted.
August 31, 2009 – Technical Impracticability Demonstration: Groundwater Restoration submitted for regulatory review to determine whether remediation of contaminated ground water to desired cleanup levels may be deemed technically impracticable from an engineering perspective.
October 29, 2009 – Bay Harbor CKD Regional Stakeholder Group is formed.
November 3, 2010 – CMS and the State of Michigan signed a deep injection well agreement requiring CMS to conduct a well evaluation to determine if an injection well located at Bay Harbor would be a feasible disposal option for collected leachate.
December 29, 2010 – The state approved a National Pollutant Discharge Elimination System (NPDES) permit under the federal Clean Water Act to discharge leachate to the surface waters of Lake Michigan.
January 10, 2011 – CMS submitted a permit application to the state and federal governments for a deep injection well in Emmet County.
April 2011 – The regulators approved the Remedial Investigation and Alternatives Evaluation (RI/AE) document outlining the results of data collection and potential final remedies for East Park. (Summary of East Park RI/AE)
May 2011 – Remedial Investigation and Alternatives Evaluation documents for the Development (Bay Harbor Properties) outlining the results of data collection and potential final remedies was approved by regulators. (Summary of Development RI/AE)
October 13, 2011 – CMS began operating a treatment facility located near Resort Township’s East Park to treat the leachate collected at East Park. The leachate is treated and discharged to Little Traverse Bay.
2012 – CMS opened a second treatment facility at Bay Harbor on the north side of U.S. 31 just east of Camp Daggett Road. This facility is to treat leachate collected at the Bay Harbor Development.
February 8, 2012 – EPA approved the Underground Injection Control permit for a deep injection well in Emmet County. Approval from the state is still pending.
June 13, 2012 – The deep injection well agreement between CMS and the State of Michigan was modified. CMS is now required to evaluate deep injection as a disposal option only if CMS fails to meet final limits for total mercury releases specified in its discharge permit, and fails to cure the problem within six months or if after July 1, 2013, CMS trucks more than 100,000 gallons a day of leachate for disposal at the off-site injection well for 90 consecutive days.
June 14, 2012 – The State of Michigan signed an agreement with CMS Land Company that will govern the long-term remedy. As part of the agreement, the primary oversight of the remediation was transferred from the EPA to the MDEQ.
June 20, 2012 – The Michigan Legislature passed amendments to Michigan's clean up law. The primary change that impacted the site was that if mercury from venting groundwater is deemed minimal, no action is required, even if it is controllable.
July 17, 2012 – CMS submitted a termination request to MDEQ to terminate provisions in the final agreement impacted by changes to Michigan’s clean up law.
August 27, 2012 – The State of Michigan granted the termination notice from CMS for the final agreement. This terminates certain obligations under the Final Agreement with respect to mercury in groundwater.
November 7, 2012 – The Health Department of Northwest Michigan lifts Bay Harbor's last remaining health advisory.
