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Getting it right

Before requesting Superfund listing, officials seek warranted assurances

The town of Silverton and San Juan County have rallied since the Aug. 5 Gold King Mine spill to assure their downstream neighbors of a unified commitment to addressing the drainage issues that affect communities in two states and multiple jurisdictions. Given the decades of relative inaction toward such a solution, the movement has been swift and the likely instrument for treating the metals-laden water flowing from a complex of mines above Silverton is an Environmental Protection Agency designation of the area on the Superfund National Priorities List.

That avenue is the most sensible means of accessing the resources and accountability necessary to treat the mine discharge that has compromised water quality since mining was prevalent in the region. It also requires proactive negotiations to ensure that Silverton and San Juan County are involved throughout the clean-up process so that it does not unduly compromise the region’s identity, economy and sovereignty. Accomplishing this to all parties’ satisfaction takes time.

Silverton and San Juan County postponed a vote this week on requesting Gov. John Hickenlooper’s support in seeking a Superfund listing for the mine complex whose drainage has regionwide water quality implications. While the window is narrow for bringing the designation to the EPA’s March docket for Superfund listings, the delay was warranted given the implications of the designation. The town and county are requesting assurances that they will have a voice in the lengthy process that follows the initial listing – including assessment and construction of whatever treatment remedy is ultimately applied – as well as that the Superfund boundaries are not so expansive as to compromise the town’s property values and overall economy. These concerns, though, exist within the town’s and county’s repeated commitment to achieving a comprehensive solution to the mine drainage problem.

They also reflect a lingering distrust for the EPA – earned or not – and the implications of a Superfund designation. Negotiations between the agency and the community have been swift and accomplished much in terms of easing that distrust, but Silverton and San Juan County are warranted in seeking assurances that Superfund listing will not unduly compromise their community. The EPA is working hard to provide those assurances within a compressed timeline. All parties, it appears, have the same goal in mind but a few extra days to ensure satisfaction on all sides is understandable and justifiable.

Bill Murray, director of the Superfund Remedial Program for EPA’s Region 8, said that the process has evolved since its early days. “It’s such a community-based program,” Murray said of Superfund. “You can’t do it if you’re not working with the people that live there. I think that’s been one of the biggest (lessons) with the program.”

To that end, the EPA, Silverton and San Juan County are working to establish a framework to achieve their mutual water quality goals – and those of the neighbors downstream – without moving so quickly as to overlook major concerns for the community. That is a sensible approach that will positively affect the ultimate outcome of the effort. Time is of the essence, but so is effectiveness and with continued – and expedited – good faith negotiations, both ends can be achieved.



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