Bay Harbor - Frequently Asked Questions
The following are frequently asked questions about the CKD Contamination and Remediation at Bay Harbor and East Park.
What is CKD?
The process of making cement involves grinding limestone with other raw materials into a fine powder that is heated in a kiln at very high temperatures. The leftover material or waste that is produced during this cement manufacturing process is cement kiln dust (CKD).
What is leachate, and is it dangerous?
When water comes into contact with the CKD, it can leach substances from the CKD and potentially contaminate surface and ground waters. This leachate can have high pH and can contain metals such as mercury, arsenic, and lead, which pose adverse impacts to water quality, fish and other aquatic life, and, potentially, human health.
How did the CKD come to be at this location?
The current site of Bay Harbor and East Park was once home to mining operations and cement manufacturing. Cement production within our community dates back to 1917 with the formation of Petoskey Portland Cement Company. In 1954, the Penn-Dixie Cement Company purchased the land and continued operations until 1980. Throughout the years of cement manufacturing, an estimated 2.5 million cubic yards of CKD waste were left behind on the property which was common practice.
How big is the area of contamination in Little Traverse Bay as a result of the CKD?
The total length of affected shoreline is just over one mile of the approximately five mile stretch along Lake Michigan spanning from Bay Harbor to East Park. The areas of the site where CKD leachate was discharging and in some areas continues to discharge to the shoreline are shown on the following map. Those areas include: West CKD Area, Pine Court Area, Guard Rail Seep Area, Seep 2 CKD Area, Seep 1 CKD area, and East CKD Area (also known as East Park).
What is CKD?
The process of making cement involves grinding limestone with other raw materials into a fine powder that is heated in a kiln at very high temperatures. The leftover material or waste that is produced during this cement manufacturing process is cement kiln dust (CKD).
What is leachate, and is it dangerous?
When water comes into contact with the CKD, it can leach substances from the CKD and potentially contaminate surface and ground waters. This leachate can have high pH and can contain metals such as mercury, arsenic, and lead, which pose adverse impacts to water quality, fish and other aquatic life, and, potentially, human health.
How did the CKD come to be at this location?
The current site of Bay Harbor and East Park was once home to mining operations and cement manufacturing. Cement production within our community dates back to 1917 with the formation of Petoskey Portland Cement Company. In 1954, the Penn-Dixie Cement Company purchased the land and continued operations until 1980. Throughout the years of cement manufacturing, an estimated 2.5 million cubic yards of CKD waste were left behind on the property which was common practice.
How big is the area of contamination in Little Traverse Bay as a result of the CKD?
The total length of affected shoreline is just over one mile of the approximately five mile stretch along Lake Michigan spanning from Bay Harbor to East Park. The areas of the site where CKD leachate was discharging and in some areas continues to discharge to the shoreline are shown on the following map. Those areas include: West CKD Area, Pine Court Area, Guard Rail Seep Area, Seep 2 CKD Area, Seep 1 CKD area, and East CKD Area (also known as East Park).
Would this be considered the single worst environmental contamination of Little Traverse Bay?
As to whether this is the single worst environmental contamination of Little Traverse Bay, it would call for comparison between other sites of environmental contamination and the various sources of mercury. We don't possess the information to measure one environmental contamination site against another. For instance, we don't have test results for the former leather tannery which operated from the early 1900s to the 1960s or from the manufactured gas plant which operated from the early 1900s to the late 1940s. It is not possible to make any comparison to identify which environmental contamination site is the worst.
When was the contamination discovered?
In 1988, the Michigan Department of Natural Resources (MDNR), what is now the Department of Environment, Great Lakes, and Energy (EGLE), received citizen complaints about reddish colored seepage entering Little Traverse Bay from the base of two cement CKD piles located on the Dundee Cement Company site. As a result of the complaints, the MDNR Surface Water Quality Division conducted testing of cement kiln dust samples and found elevated metals, total dissolved solids, alkalinity, chlorides, and pH that were most likely due to influence by the cement kiln dust deposits.
Why did the State not require the cement kiln dust piles to be originally moved when the contamination was initially discovered in 1988?
In 1988, the DNR, now EGLE, had two sources of test data to evaluate the issue of whether there was a scientific health-based reason to move the CKD piles. EGLE had several chemical leach test results for CKD from the property that showed it did not leach metals above any health-based or environmental standard. EGLE had water samples near the base of one CKD pile that showed levels of lead, nickel and copper just above water quality standards for the protection of surface water, but not above any health standard, including drinking water or direct contact. Surface water often contains trace amounts of metals and, therefore, it is difficult to determine exactly where the metals in surface water originate because metals can enter surface water from many sources including native soil, native bedrock, such as limestone, and man-made sources, including atmospheric deposition. The leach test results showed, at that time, that CKD was inert and, therefore, there was no science-based reason to move the piles.
The MDNR conducted an investigation five days after the Designation of Inertness was granted which showed evidence that the cement kiln was most likely the contributing factor to the contamination. When the problem was realized, why wasn't the Designation invalidated?
During this period of time, the chemical leach test results were considered conclusive, as well as meeting the statutory requirements to determine if a substance is inert. As explained in the response above, surface water test results were not conclusive because of the unknown origin of the metals, and the metals were slightly above water quality standards for discharge to surface water. It was not clear that metals found in surface water were linked to the CKD piles. The chemical leach test results for the CKD showed it did not leach and, thus, it was declared to be inert.
Why was so much excavation work done to shape the golf course areas?
The Bay Harbor golf course(s) project would not have happened without the excavation work required to shape and create layout of such distinction. Much of the required movement was in effort to collect and consolidate thousands of random CKD piles and allow for better control of their disbursement. This movement and consolidation was carried out at the very top/surface level only.
Didn't the excavation activity conducted on the golf course stir, disperse, and otherwise disturb the CKD to enhance groundwater leachate concentration?
The physical disturbance of the CKD would not contribute to enhancing the generation of leachate or groundwater contamination. This is because the generation of leachate is a chemical process and not a physical process. The minimal physical disturbances to the CKD piles at Bay Harbor would not change the CKD's chemical composition or its leaching potential.
If in June 1989, it was determined CKD had no connection with leachate contamination in the Bay, what changed with the Bay Harbor development that caused the massive contamination now?
The reason CKD was found to not leach has more to do with the reliability of the leach test method than any changes or activities at Bay Harbor. Simply put, the leach test results were negative for CKD in 1989. Today, CKD would still produce a negative leach test result using the same test method. What is different is we now know the test method is not reliable for determining whether CKD leaches metals. We do know that CKD does leach metals and often has a high pH. It can be reasonably ascertained that the contamination has been ongoing since CKD was first disposed on the property some eighty years ago.
Is it safe to swim in and use Little Traverse Bay and Bay Harbor Lake?
On November 7, 2012, the Health Department of Northwest Michigan lifted the final Bay Harbor health advisories. Monitored pH values over the years showed the area safe for human exposure. Also, due to the rapid dilution of leachate, all other areas in and around Little Traverse Bay, including Bay Harbor Lake, are safe for swimming and other recreational activities.
As to whether this is the single worst environmental contamination of Little Traverse Bay, it would call for comparison between other sites of environmental contamination and the various sources of mercury. We don't possess the information to measure one environmental contamination site against another. For instance, we don't have test results for the former leather tannery which operated from the early 1900s to the 1960s or from the manufactured gas plant which operated from the early 1900s to the late 1940s. It is not possible to make any comparison to identify which environmental contamination site is the worst.
When was the contamination discovered?
In 1988, the Michigan Department of Natural Resources (MDNR), what is now the Department of Environment, Great Lakes, and Energy (EGLE), received citizen complaints about reddish colored seepage entering Little Traverse Bay from the base of two cement CKD piles located on the Dundee Cement Company site. As a result of the complaints, the MDNR Surface Water Quality Division conducted testing of cement kiln dust samples and found elevated metals, total dissolved solids, alkalinity, chlorides, and pH that were most likely due to influence by the cement kiln dust deposits.
Why did the State not require the cement kiln dust piles to be originally moved when the contamination was initially discovered in 1988?
In 1988, the DNR, now EGLE, had two sources of test data to evaluate the issue of whether there was a scientific health-based reason to move the CKD piles. EGLE had several chemical leach test results for CKD from the property that showed it did not leach metals above any health-based or environmental standard. EGLE had water samples near the base of one CKD pile that showed levels of lead, nickel and copper just above water quality standards for the protection of surface water, but not above any health standard, including drinking water or direct contact. Surface water often contains trace amounts of metals and, therefore, it is difficult to determine exactly where the metals in surface water originate because metals can enter surface water from many sources including native soil, native bedrock, such as limestone, and man-made sources, including atmospheric deposition. The leach test results showed, at that time, that CKD was inert and, therefore, there was no science-based reason to move the piles.
The MDNR conducted an investigation five days after the Designation of Inertness was granted which showed evidence that the cement kiln was most likely the contributing factor to the contamination. When the problem was realized, why wasn't the Designation invalidated?
During this period of time, the chemical leach test results were considered conclusive, as well as meeting the statutory requirements to determine if a substance is inert. As explained in the response above, surface water test results were not conclusive because of the unknown origin of the metals, and the metals were slightly above water quality standards for discharge to surface water. It was not clear that metals found in surface water were linked to the CKD piles. The chemical leach test results for the CKD showed it did not leach and, thus, it was declared to be inert.
Why was so much excavation work done to shape the golf course areas?
The Bay Harbor golf course(s) project would not have happened without the excavation work required to shape and create layout of such distinction. Much of the required movement was in effort to collect and consolidate thousands of random CKD piles and allow for better control of their disbursement. This movement and consolidation was carried out at the very top/surface level only.
Didn't the excavation activity conducted on the golf course stir, disperse, and otherwise disturb the CKD to enhance groundwater leachate concentration?
The physical disturbance of the CKD would not contribute to enhancing the generation of leachate or groundwater contamination. This is because the generation of leachate is a chemical process and not a physical process. The minimal physical disturbances to the CKD piles at Bay Harbor would not change the CKD's chemical composition or its leaching potential.
If in June 1989, it was determined CKD had no connection with leachate contamination in the Bay, what changed with the Bay Harbor development that caused the massive contamination now?
The reason CKD was found to not leach has more to do with the reliability of the leach test method than any changes or activities at Bay Harbor. Simply put, the leach test results were negative for CKD in 1989. Today, CKD would still produce a negative leach test result using the same test method. What is different is we now know the test method is not reliable for determining whether CKD leaches metals. We do know that CKD does leach metals and often has a high pH. It can be reasonably ascertained that the contamination has been ongoing since CKD was first disposed on the property some eighty years ago.
Is it safe to swim in and use Little Traverse Bay and Bay Harbor Lake?
On November 7, 2012, the Health Department of Northwest Michigan lifted the final Bay Harbor health advisories. Monitored pH values over the years showed the area safe for human exposure. Also, due to the rapid dilution of leachate, all other areas in and around Little Traverse Bay, including Bay Harbor Lake, are safe for swimming and other recreational activities.
Is it safe to eat fish caught from this area?
Yes, but it is recommended that individuals continue to observe the fish consumption advisories that currently exist for the Great Lakes. 2011-2012 Michigan Fish Advisory - A Family Guide to Eating Michigan Fish
Will there be long-term effects to the water quality of Little Traverse Bay, fish and other aquatic species?
It is uncertain what long-term impacts the CKD leachate will have on the water quality and aquatic species of Little Traverse Bay. From the information collected, it appears the CKD leachate disperses or dilutes rapidly from the sites of discharge. Some trace metals such as mercury can bioaccumulate in the aquatic food chain, resulting in increased concentrations of those metals in predatory/game fish. It is recommended that individuals continue to observe the fish consumption advisories that currently exist for the Great Lakes.
The most significant public health impact exists with direct exposure to high pH leachate (above 9.0 standard units). Acute exposure to pH values above 9.0 s.u. can cause irritation to skin, eyes and mucus membranes, values above 11.5 s.u. could result in permanent damage to these tissues. This threat has been controlled with the installation of the collection lines.
What is the current pH compared to the pH when the contamination was first discovered?
pH readings across the vast majority of the site are below the standard of 9 the vast majority of the time. Higher pH readings were recorded along the shoreline earlier in the project before collections lines were installed. One of the highest readings was a pH of 13.5 was measured at a seep at the Seep 1 area that was exposed during the construction of the road down to the beach.
What are the mercury levels found in the CKD leachate, and what are the standards allowed for release into the bay?
Average mercury levels found in the collected leachate range from 0 ppt to 700 parts per trillion (ppt). The State of Michigan water quality standard for mercury is .0013 parts per billion (ppb) or 1.3 parts per trillion (ppt).
How does this compare to mercury levels of drinking water? Why the difference?
The State of Michigan criteria for drinking water standard is 2 parts per billion (ppb) or 2000 parts per trillion (ppt). The reason the mercury level for surface water is 1.3 ppt is that mercury is a bioaccumulative substance. A bioaccumulative substance is a substance that easily transfers from one living organism to another. In the Great Lakes, for example, zebra mussels ingest mercury as they feed along the bottom of the lake; zebra mussels are consumed by smaller fish, which are in turn consumed by large fish. As larger organisms feed upon smaller organisms, they consume the cumulative quantity of mercury contained in that organism. In essence, mercury moves from the bottom of the food chain to the top of the food chain, with mercury concentrations increasing with each transfer. Therefore, the level of mercury in large salmon and lake trout can be millions of times greater than the level of mercury in the water. That is one reason why there is a public health advisory in the State of Michigan for people who consume Great Lakes fish. It is the cumulative effect of mercury, in this instance, that increases the concentration and exposure risk. The mercury level of 2000 ppt for drinking water is a health-based limit. However, it is not based upon the bioaccumulative effect of mercury since it is reasonable to assume mercury will not be transferred from person to person.
What are the health risks of mercury to humans, wildlife, and the fisheries?
A person’s response to mercury exposure depends on their current health, duration and amount of mercury exposure, and their genetics, among other factors. The higher the mercury blood concentration, the more likely an adverse health effect may occur. Because mercury is a hazardous substance, studies of the effects of mercury on people are based on situations of accidental or unintended exposures. The nervous system is sensitive to all forms of mercury. Both methyl mercury (MeHg) and metallic mercury vapors can reach the brain in larger relative amounts than inorganic mercury. Excessive mercury exposure can cause permanent damage to the brain or the kidneys. Wild game that feed on MeHg contaminated fish or the fish themselves can suffer effects from too much mercury exposure. Adverse effects of mercury on fish, birds, and mammals may include death, impaired growth and development, reduced reproductive success, and behavioral abnormalities.
How far has mercury spread into Little Traverse Bay from the Bay Harbor CKD Site?
We do not currently know how far out metals have spread. Due to the nature of the lake bottom near the site (bedrock) and the presence of metals, especially mercury, currently existing in Lake Michigan and Little Traverse Bay, it will be very difficult to determine what, if any, impact the metal contamination from CKD leachate has had on the Bay environment.
What other sources of mercury contamination are there in Little Traverse Bay? How does the Bay Harbor CKD mercury level compare to mercury loadings from other sources?
A manufactured gas plant once operated near the Bear River where it flows into Lake Michigan near the current City Marina, in the Bayfront Park area. Coal was baked at the plant to make gas that lit the gaslight village. Coal is a source of mercury. Air deposition is a major source of mercury in the Great Lakes. There are likely other sources of mercury in the vicinity that continue to be a source to Little Traverse Bay and Lake Michigan.
What are the concentrations of heavy metals in the lake bottom and fisheries?
Information regarding mercury in fish and sediments in Lake Michigan can be found in EPA's Results of the Lake Michigan Mass Balance Study: Mercury Data Report (February 2004).
Yes, but it is recommended that individuals continue to observe the fish consumption advisories that currently exist for the Great Lakes. 2011-2012 Michigan Fish Advisory - A Family Guide to Eating Michigan Fish
Will there be long-term effects to the water quality of Little Traverse Bay, fish and other aquatic species?
It is uncertain what long-term impacts the CKD leachate will have on the water quality and aquatic species of Little Traverse Bay. From the information collected, it appears the CKD leachate disperses or dilutes rapidly from the sites of discharge. Some trace metals such as mercury can bioaccumulate in the aquatic food chain, resulting in increased concentrations of those metals in predatory/game fish. It is recommended that individuals continue to observe the fish consumption advisories that currently exist for the Great Lakes.
The most significant public health impact exists with direct exposure to high pH leachate (above 9.0 standard units). Acute exposure to pH values above 9.0 s.u. can cause irritation to skin, eyes and mucus membranes, values above 11.5 s.u. could result in permanent damage to these tissues. This threat has been controlled with the installation of the collection lines.
What is the current pH compared to the pH when the contamination was first discovered?
pH readings across the vast majority of the site are below the standard of 9 the vast majority of the time. Higher pH readings were recorded along the shoreline earlier in the project before collections lines were installed. One of the highest readings was a pH of 13.5 was measured at a seep at the Seep 1 area that was exposed during the construction of the road down to the beach.
What are the mercury levels found in the CKD leachate, and what are the standards allowed for release into the bay?
Average mercury levels found in the collected leachate range from 0 ppt to 700 parts per trillion (ppt). The State of Michigan water quality standard for mercury is .0013 parts per billion (ppb) or 1.3 parts per trillion (ppt).
How does this compare to mercury levels of drinking water? Why the difference?
The State of Michigan criteria for drinking water standard is 2 parts per billion (ppb) or 2000 parts per trillion (ppt). The reason the mercury level for surface water is 1.3 ppt is that mercury is a bioaccumulative substance. A bioaccumulative substance is a substance that easily transfers from one living organism to another. In the Great Lakes, for example, zebra mussels ingest mercury as they feed along the bottom of the lake; zebra mussels are consumed by smaller fish, which are in turn consumed by large fish. As larger organisms feed upon smaller organisms, they consume the cumulative quantity of mercury contained in that organism. In essence, mercury moves from the bottom of the food chain to the top of the food chain, with mercury concentrations increasing with each transfer. Therefore, the level of mercury in large salmon and lake trout can be millions of times greater than the level of mercury in the water. That is one reason why there is a public health advisory in the State of Michigan for people who consume Great Lakes fish. It is the cumulative effect of mercury, in this instance, that increases the concentration and exposure risk. The mercury level of 2000 ppt for drinking water is a health-based limit. However, it is not based upon the bioaccumulative effect of mercury since it is reasonable to assume mercury will not be transferred from person to person.
What are the health risks of mercury to humans, wildlife, and the fisheries?
A person’s response to mercury exposure depends on their current health, duration and amount of mercury exposure, and their genetics, among other factors. The higher the mercury blood concentration, the more likely an adverse health effect may occur. Because mercury is a hazardous substance, studies of the effects of mercury on people are based on situations of accidental or unintended exposures. The nervous system is sensitive to all forms of mercury. Both methyl mercury (MeHg) and metallic mercury vapors can reach the brain in larger relative amounts than inorganic mercury. Excessive mercury exposure can cause permanent damage to the brain or the kidneys. Wild game that feed on MeHg contaminated fish or the fish themselves can suffer effects from too much mercury exposure. Adverse effects of mercury on fish, birds, and mammals may include death, impaired growth and development, reduced reproductive success, and behavioral abnormalities.
How far has mercury spread into Little Traverse Bay from the Bay Harbor CKD Site?
We do not currently know how far out metals have spread. Due to the nature of the lake bottom near the site (bedrock) and the presence of metals, especially mercury, currently existing in Lake Michigan and Little Traverse Bay, it will be very difficult to determine what, if any, impact the metal contamination from CKD leachate has had on the Bay environment.
What other sources of mercury contamination are there in Little Traverse Bay? How does the Bay Harbor CKD mercury level compare to mercury loadings from other sources?
A manufactured gas plant once operated near the Bear River where it flows into Lake Michigan near the current City Marina, in the Bayfront Park area. Coal was baked at the plant to make gas that lit the gaslight village. Coal is a source of mercury. Air deposition is a major source of mercury in the Great Lakes. There are likely other sources of mercury in the vicinity that continue to be a source to Little Traverse Bay and Lake Michigan.
What are the concentrations of heavy metals in the lake bottom and fisheries?
Information regarding mercury in fish and sediments in Lake Michigan can be found in EPA's Results of the Lake Michigan Mass Balance Study: Mercury Data Report (February 2004).
What are the heavy metal concentrations for all of the heavy metals?
A leachate sample collected from a pool on the beach during MDEQ's 2004 investigation contained detected concentrations of aluminum, arsenic, barium, calcium, chromium, copper, mercury, manganese, molybdenum, nickel, potassium, selenium, sodium, strontium, titanium, vanadium, and zinc. Other metals detected during historical sampling are cadmium, iron, lead, and silver. The table on the right summarizes the detected metals and their concentrations. All results are in micrograms per liter, or parts per billion.
How does the cement kiln dust affect the soil and does a possibility exist for contamination of neighboring areas?
Groundwater moving through the kiln dust is the mechanism which distributes contamination, not kiln dust moving through soil. Soil can be affected by CKD when mixed with CKD or when CKD leachate moves through soil. Should this occur, the soil can exhibit an elevated pH and increase in trace metals. The possibility does exist for CKD to affect nearby properties; however, CKD is a solid and it requires a force such as wind or water to move it. Prior to the development the CKD was not covered. Wind and water transport of CKD was certainly possible. One environmental improvement of the redevelopment of the property was that the CKD was physically covered with soil. This action eliminated wind movement. With respect to surface water runoff, the placing of a soil cover and vegetation eliminated water moving CKD down the slope either toward the lake or nearby properties.
A leachate sample collected from a pool on the beach during MDEQ's 2004 investigation contained detected concentrations of aluminum, arsenic, barium, calcium, chromium, copper, mercury, manganese, molybdenum, nickel, potassium, selenium, sodium, strontium, titanium, vanadium, and zinc. Other metals detected during historical sampling are cadmium, iron, lead, and silver. The table on the right summarizes the detected metals and their concentrations. All results are in micrograms per liter, or parts per billion.
How does the cement kiln dust affect the soil and does a possibility exist for contamination of neighboring areas?
Groundwater moving through the kiln dust is the mechanism which distributes contamination, not kiln dust moving through soil. Soil can be affected by CKD when mixed with CKD or when CKD leachate moves through soil. Should this occur, the soil can exhibit an elevated pH and increase in trace metals. The possibility does exist for CKD to affect nearby properties; however, CKD is a solid and it requires a force such as wind or water to move it. Prior to the development the CKD was not covered. Wind and water transport of CKD was certainly possible. One environmental improvement of the redevelopment of the property was that the CKD was physically covered with soil. This action eliminated wind movement. With respect to surface water runoff, the placing of a soil cover and vegetation eliminated water moving CKD down the slope either toward the lake or nearby properties.
Is the CKD Leachate having any long-term impact on groundwater?
Yes, groundwater containing CKD contaminants beneath the CKD piles must be managed and controlled to prevent exposure to the public and to prevent entry to Lake Michigan.
Is the City of Petoskey drinking water supply affected by the Bay Harbor CKD?
No. There is no indication of contaminated drinking water supplies in the region or near Bay Harbor from the CKD piles.
How often are city water wells in the area tested? Where can the public view these test results?
The current testing frequencies under the Safe Drinking Water Act provisions are every 36 months for arsenic and every 108 months for a full sweep of trace metals. Additionally, the City checks for arsenic quarterly in these wells although they are not obligated to do so. To date, the wells have never exceeded any safe drinking water maximum contaminant level since testing began over 10 years ago.
The DNRE Cadillac District Office (231-775-3960) has all results on file. Contact the Water Bureau drinking water staff to view or obtain copies of the results. or you can go to the city of Petoskey website (http://www.petoskey.us/departments/public-works/waterwastewater-division) to view the results on-line.
Does the collection system prevent cement kiln dust contact with groundwater?
No. The collection system is intended to collect water after it contacts kiln dust.
What will happen if the lake levels rise above the current collection trench?
Based on the location of the collection lines, CMS believes it is highly unlikely that lake levels would rise enough to cover the lines.
Can CMS guarantee that the new collection line will not plug like the old system did? Are any contingency plans in place to prevent the leachate from entering Little Traverse Bay if the collection line is shut down again?
Knowledge gained from the construction and operation of the original collection line has and will be implemented in future collection lines - for instance, the installation of multiple clean-out areas to help keep the lines open and operating, increased monitoring, and scheduled maintenance. Also, water trucks can collect leachate should a line become plugged and unable to pump.
Why did CMS not just remove the CKD?
Total removal of the CKD was carefully evaluated and CMS recommended that it not be a preferred remedy based on environmental, economic, social and safety considerations.
What happens to the leachate that is currently being collected at the site?
CMS obtained for a permit from the state for a National Pollutant Discharge Elimination System (NPDES) permit under the federal Clean Water Act to discharge leachate to the surface waters of Lake Michigan on December 29, 2010. CMS is currently disposing of collected leachate by both discharge to Little Traverse Bay and a deep injection well outside of Johannesburg. According to CMS, testing results demonstrate that the Captur technology used to treat the leachate is reducing the mercury content in the collected leachate from East Park to less than 1.3 parts per trillion, the state mercury standard for surface waters. Treated leachate still requires dilution prior to discharge to meet water quality standards for other parameters.
Can the City of Petoskey’s Waste Water Treatment facility effectively handle and treat the leachate?
The City of Petoskey believed the WWTP is a reasonable disposable option that can accept leachate and would result in less mercury entering Little Traverse Bay. The City predicted mercury effluent with leachate would be 0.71 ng/L (ppt), well below the 1.3 ng/L surface water quality standard.
What process was used by the City of Petoskey Wastewater treatment plant to remove the heavy metals when it was accepting leachate?
Metals are managed by the City of Petoskey as part of the treatment process of liquids and solids received at the wastewater treatment plant. Metals naturally tend to bind up with solid substances. Metals received as wastewater end up in the solids or residuals of the wastewater treatment plant and are managed as part of the solids program by the plant under a plan approved by EGLE. Any remaining metals are diluted out by a discharge of approximately one million gallons per day, and do not normally exceed permit standards for discharge. The EGLE Water Bureau staff inspects the wastewater treatment plant once or twice per year.
Is the utilization of the WWTP still a possible disposal option?
No. On April, 28 2010 the City of Petoskey received an Industrial Pretreatment Program (IPP) Application from CMS Land. On May 28, 2010 the City sent a response to this IPP application that included the conditions that would have to be met for CMS Land to send leachate to the City of Petoskey WWTP. Despite good faith negotiations between the city and CMS, technical differences of opinion remained and an agreement was not able to be reached.
What is deep well injection? Is it safe?
Deep well injection is the placing of fluids underground, in porous formations of rocks, through wells or other conveyance systems. According to governmental reports on existing deep injection wells, if properly operated and maintained, they pose minimal threat to our surface and groundwater resources.
Is it possible to have an effective deep injection well at the site?
CMS has submitted a permit application to EGLE and EPA for a deep injection well in Emmet County. The EPA approved the permit application based upon the geology, technical integrity, area of review investigation, and other considerations. The state application decision is still pending. Additionally, test drilling of the well must demonstrate that it can operate safely before the well can be put into operation.
There is a deep injection well agreement between EGLE and CMS that CMS must evaluate deep injection as a disposal option 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.
What authority does the state have by law to enforce proper cleanup of the site and how does it differ from the authority that the state had in 1989?
The state currently has no authority to enforce cleanup at the site. By operation of state law, the CKD piles are considered an orphaned site since the liable party no longer exists. That is not different from what the situation was in 1989.
What is the scheduled timeline for contamination being fully cleaned up at the site?
There is no scheduled timeline in terms of months or years. Rather, CMS made a commitment to a continuous and long term obligation to manage and control CKD, CKD leachate and contaminated groundwater to protect the public health as part of a legal agreement with the State of Michigan.
Who is paying for the clean-up?
CMS Land Company.
How is CMS acquiring the funds to implement the site studies and interim and long-term responses?
The money spent and reserved on this project is provided by CMS shareholders and is not a cost that is paid by the customers of the regulated electric and gas utility.
Is there a financial cap at which point CMS will no longer be held responsible for the remediation efforts?
If yes, what is that cap?There is no financial cap. A method of financial assurance was included in the legal agreement with the state. CMS has a corporate guarantee in the amount of 30 million dollars. The financial assurance is based upon the cost to maintain the remedy for a 30 year period. While that may seem to be a monetary cap, every 5 years the cost to maintain the remedy for a 30 year period is recalculated and the funds used to guaranteed financial assurance are adjusted accordingly.
Where can I find public documents and additional information related to the Bay Harbor CKD contamination and remediation plans?
Public documents can be found at Petoskey Public Library, 500 E. Mitchell St. and additional information can be accessed at the following websites:
Yes, groundwater containing CKD contaminants beneath the CKD piles must be managed and controlled to prevent exposure to the public and to prevent entry to Lake Michigan.
Is the City of Petoskey drinking water supply affected by the Bay Harbor CKD?
No. There is no indication of contaminated drinking water supplies in the region or near Bay Harbor from the CKD piles.
How often are city water wells in the area tested? Where can the public view these test results?
The current testing frequencies under the Safe Drinking Water Act provisions are every 36 months for arsenic and every 108 months for a full sweep of trace metals. Additionally, the City checks for arsenic quarterly in these wells although they are not obligated to do so. To date, the wells have never exceeded any safe drinking water maximum contaminant level since testing began over 10 years ago.
The DNRE Cadillac District Office (231-775-3960) has all results on file. Contact the Water Bureau drinking water staff to view or obtain copies of the results. or you can go to the city of Petoskey website (http://www.petoskey.us/departments/public-works/waterwastewater-division) to view the results on-line.
Does the collection system prevent cement kiln dust contact with groundwater?
No. The collection system is intended to collect water after it contacts kiln dust.
What will happen if the lake levels rise above the current collection trench?
Based on the location of the collection lines, CMS believes it is highly unlikely that lake levels would rise enough to cover the lines.
Can CMS guarantee that the new collection line will not plug like the old system did? Are any contingency plans in place to prevent the leachate from entering Little Traverse Bay if the collection line is shut down again?
Knowledge gained from the construction and operation of the original collection line has and will be implemented in future collection lines - for instance, the installation of multiple clean-out areas to help keep the lines open and operating, increased monitoring, and scheduled maintenance. Also, water trucks can collect leachate should a line become plugged and unable to pump.
Why did CMS not just remove the CKD?
Total removal of the CKD was carefully evaluated and CMS recommended that it not be a preferred remedy based on environmental, economic, social and safety considerations.
What happens to the leachate that is currently being collected at the site?
CMS obtained for a permit from the state for a National Pollutant Discharge Elimination System (NPDES) permit under the federal Clean Water Act to discharge leachate to the surface waters of Lake Michigan on December 29, 2010. CMS is currently disposing of collected leachate by both discharge to Little Traverse Bay and a deep injection well outside of Johannesburg. According to CMS, testing results demonstrate that the Captur technology used to treat the leachate is reducing the mercury content in the collected leachate from East Park to less than 1.3 parts per trillion, the state mercury standard for surface waters. Treated leachate still requires dilution prior to discharge to meet water quality standards for other parameters.
Can the City of Petoskey’s Waste Water Treatment facility effectively handle and treat the leachate?
The City of Petoskey believed the WWTP is a reasonable disposable option that can accept leachate and would result in less mercury entering Little Traverse Bay. The City predicted mercury effluent with leachate would be 0.71 ng/L (ppt), well below the 1.3 ng/L surface water quality standard.
What process was used by the City of Petoskey Wastewater treatment plant to remove the heavy metals when it was accepting leachate?
Metals are managed by the City of Petoskey as part of the treatment process of liquids and solids received at the wastewater treatment plant. Metals naturally tend to bind up with solid substances. Metals received as wastewater end up in the solids or residuals of the wastewater treatment plant and are managed as part of the solids program by the plant under a plan approved by EGLE. Any remaining metals are diluted out by a discharge of approximately one million gallons per day, and do not normally exceed permit standards for discharge. The EGLE Water Bureau staff inspects the wastewater treatment plant once or twice per year.
Is the utilization of the WWTP still a possible disposal option?
No. On April, 28 2010 the City of Petoskey received an Industrial Pretreatment Program (IPP) Application from CMS Land. On May 28, 2010 the City sent a response to this IPP application that included the conditions that would have to be met for CMS Land to send leachate to the City of Petoskey WWTP. Despite good faith negotiations between the city and CMS, technical differences of opinion remained and an agreement was not able to be reached.
What is deep well injection? Is it safe?
Deep well injection is the placing of fluids underground, in porous formations of rocks, through wells or other conveyance systems. According to governmental reports on existing deep injection wells, if properly operated and maintained, they pose minimal threat to our surface and groundwater resources.
Is it possible to have an effective deep injection well at the site?
CMS has submitted a permit application to EGLE and EPA for a deep injection well in Emmet County. The EPA approved the permit application based upon the geology, technical integrity, area of review investigation, and other considerations. The state application decision is still pending. Additionally, test drilling of the well must demonstrate that it can operate safely before the well can be put into operation.
There is a deep injection well agreement between EGLE and CMS that CMS must evaluate deep injection as a disposal option 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.
What authority does the state have by law to enforce proper cleanup of the site and how does it differ from the authority that the state had in 1989?
The state currently has no authority to enforce cleanup at the site. By operation of state law, the CKD piles are considered an orphaned site since the liable party no longer exists. That is not different from what the situation was in 1989.
What is the scheduled timeline for contamination being fully cleaned up at the site?
There is no scheduled timeline in terms of months or years. Rather, CMS made a commitment to a continuous and long term obligation to manage and control CKD, CKD leachate and contaminated groundwater to protect the public health as part of a legal agreement with the State of Michigan.
Who is paying for the clean-up?
CMS Land Company.
How is CMS acquiring the funds to implement the site studies and interim and long-term responses?
The money spent and reserved on this project is provided by CMS shareholders and is not a cost that is paid by the customers of the regulated electric and gas utility.
Is there a financial cap at which point CMS will no longer be held responsible for the remediation efforts?
If yes, what is that cap?There is no financial cap. A method of financial assurance was included in the legal agreement with the state. CMS has a corporate guarantee in the amount of 30 million dollars. The financial assurance is based upon the cost to maintain the remedy for a 30 year period. While that may seem to be a monetary cap, every 5 years the cost to maintain the remedy for a 30 year period is recalculated and the funds used to guaranteed financial assurance are adjusted accordingly.
Where can I find public documents and additional information related to the Bay Harbor CKD contamination and remediation plans?
Public documents can be found at Petoskey Public Library, 500 E. Mitchell St. and additional information can be accessed at the following websites:
