Document Actions
Perpetual Pollution Rule
For decades Montana’s mine regulators have allowed hardrock mines to perpetually pollute Montana’s water. The heavy burden of this poisoned water has fallen on Montana taxpayers, neighboring property owners, and others who rely on clean Montana water.
Twice in a two-month period, the Montana Board of Environmental Review voted to allow perpetual water pollution from metal mines to continue. Faced with a clear opportunity to protect Montana’s water quality, the Board instead chose to allow the hardrock mining industry to continue its polluting ways.
The Board was considering a new administrative rule proposed by MEIC and the Fort Belknap Indian Community Council. The rule stated, essentially, that DEQ could not permit any new metal mines that would require water treatment after the mine was reclaimed. An exemption was made for existing mines.
The Board first considered the rule at a meeting on June 2nd, 2006. MEIC and representatives of the Fort Belknap tribes argued that Montana had made enough mistakes with metal mines. There are numerous examples, especially at the Zortman/Landusky mine, that show perpetual treatment of water pollution at mines does not work and is too costly.
For the first time since the rule was proposed in July 2005, DEQ opposed its adoption. DEQ believes that legislation granting it expanded bonding authority will be sufficient tp cpver water treatment costs. DEQ argued that with larger bonds in place, the problems at Zortman/Landusky and other mines in Montana could have been avoided. DEQ promised the Board that it would draft legislation to give it authority to seek even larger bonds.
MEIC and other proponents of the rule countered that bonds aren’t the answer. The problem is that DEQ allows the pollution to occur in the first place. Until DEQ forces mining companies to design non-polluting mines, problems are bound to happen.
After a short debate at the June meeting, the Board decided to table the rule, but did so with the understanding that DEQ would present the Board with a solution to the problem of perpetual pollution that went beyond increased bonding. One board member, Bill Rossbach of Missoula, plainly said that unless DEQ made substantial progress toward solving the problem in the next few weeks, he intended to support the rule. Shortly after the June meeting, however, it became clear that DEQ had no intention of doing anything other than seeking greater bonding authority.
In July 2006, the Board reconvened on a conference telephone call. At this point DEQ had nothing new to offer, and MEIC hoped the board members would stand by their statements at the June meeting to support then ew rule. MEIC and the Fort Belknap representatives argued again that bonding wasn’t the answer and perpetual pollution could not be allowed to continue. DEQ again stated it thought improved bonding is the solution, and that the mining industry was helping draft legislation to improve the Department’s bonding authority.
Ultimately the Board voted to table the proposal again. Bill Rossbach not only voted with the majority, he did not even support the motion made at the start of the meeting to take the rule off the table for further consideration.
The issue isn’t resolved, however. DEQ will move forward with its bonding legislation, but while it may improve things slightly, it will do nothing to solving the long-standing bias in the mining industry towards polluting water first and figuring out how to clean it up later.
MEIC will monitor the progress of DEQ’s legislation.