Cleanup efforts at a few Silverton mines are scheduled to get underway this summer, and there is a local push for federal legislation that would allow for more.
Defunct Silverton mines are oozing poisonous metals such as cadmium, zinc, iron and aluminum that have been killing off native fish and invertebrates. But there has been debate about the best way to address the problem.
Locals in Silverton have opposed the Environmental Protection Agency’s many attempts to designate Silverton’s worst mines as Superfund sites.
But in a few weeks, the EPA plans to start work to plug the Red and Bonita Mine to help limit pollution, said Peter Butler, co-coordinator of the Animas River Stakeholders Group. This is a limited project that does not require Superfund designation.
The Animas River Stakeholders Group also has been working to clean up waste piles, and the members have plans to move and cover waste at the Bullion King mine soon, Butler said.
But in order for the group to tackle the draining mines, they need good Samaritan legislation that will protect them legally.
Right now, there is some concern if a well-meaning group tried to mitigate pollution, it could be required to meet Clean Water Act standards, Butler said. Failure could mean a lawsuit.
“Nobody wants to touch these mines,” he said.
Any good Samaritan legislation could face a tough road. There have been at least 10 pieces of federal legislation that have attempted this and failed, he said.
Concerns in the past about opening up the Clean Water Act to changes has hampered efforts.
“Somebody might try to negotiate some other change in the Clean Water Act that’s unrelated,” Butler said.
Locally, Butler said there is widespread support for the federal legislation. If it was approved, the stakeholder group could work on 10 or 12 small mine sites.
Representatives from Washington lawmakers’ offices say they are in the preliminary stages of working on the legislation.
U.S. Rep. Scott Tipton, R- Cortez, has introduced legislation before, and he is working with U.S. Sens. Michael Bennet, D-Colo., and Cory Gardner, R-Colo., on the issue, said Josh Green, a spokesman for his office.
“Good Samaritan groups can be extremely helpful in cleaning up abandoned mines and protecting Colorado’s watersheds. We’ll continue to work with the stakeholders to gather input and craft a community-driven bill,” said Philip Clelland, a spokesman for Bennet.
The La Plata County Commissioners expressed some interest in supporting a potential bill this week, after they were approached by Buck Skillen with Trout Unlimited. He explained the previous failure of similar efforts simply.
“I, personally, think it’s an example of the perfect being the enemy of the good,” Skillen said.
mshinn@durangoherald.com
