The San Juan Basin Health Department and other local entities plan to appeal the Environmental Protection Agency’s Oct. 31, 2015, cutoff for Gold King Mine spill compensation, arguing that related costs extended beyond that date.
The health department, La Plata County and the Southern Ute Indian Tribe are working on their appeals, which must be submitted by Feb. 8.
“As a local health department, we’re committed to monitoring, investigating and communicating with the public about environmental and human health concerns,” Executive Director Liane Jollon said. “In that context, we provided emergency response efforts, emergency response coordination and provided assistance to EPA responders on the ground.”
EPA officials told the county in a tense meeting last April that there would be no reimbursement for costs incurred after Oct. 31, 2015, though local and state agencies continued efforts beyond that date to ensure water quality was safe for the environment and public health.
“We have a fishing, rafting and tourism industry that people come here for,” County Commissioner Julie Westendorff said in April. “We took a big hit on it. Oct. 31 wasn’t the last day we had costs – that’s when your (the EPA’s) response was over.”
In December, the EPA issued a letter to state, local and tribal governments detailing what each entity could expect to receive in reimbursements, which fell short of most requests. The EPA offered recourse in an appeals process.
Also, on Friday the EPA announced that it would not pay any of the 73 claims, totaling $1.2 billion, made against it by private businesses and individuals for losses because of the spill. The agency said it was protected under the Federal Tort Claims Act.
The city of Durango has chosen not to pursue an appeal. The EPA reimbursed about $55,400 of the city’s $444,000 request.
“Our relationship with the EPA is important, and we have other issues coming up in the future, including the wastewater plant, and we want to preserve our relationship,” City Manager Ron LeBlanc said. “We respect their decision, and we’ll put this behind us.”
The health department, county and tribe have not finalized their appeals, nor totaled what they expect in compensation from the federal agency. Jollon said that will be determined in the next three weeks. However, County Manager Joe Kerby estimated in December that the EPA should reimburse the county at least an additional $29,000.
Southern Ute Tribe spokeswoman Lindsay Box said the tribe will ask for reimbursement for anticipated costs and for items such as legal counsel.
“The crux of our appeal is what we were doing after Oct. 31 that was still related to responding to the incident,” Jollon said. That work includes investigating potential water contamination in the months after the spill, which flooded the Animas River and regional waterways with 540 tons of metals.
To date, the county has received more than $375,000 from the EPA and the health department has received about $78,000, excluding $90,000 the department will receive over two years for long-term river and groundwater monitoring.
jpace@durangoherald.com
