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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Expert Attacks Mill Plan Scientist Says Flawed Studies Could Endanger Tribe’s Water

(From For the Record, Wednesday, August 16, 1995:) Attorney Jeffrey Leppo was misidentified in a story Tuesday about the Dawn Mining Co. uranium mill at Ford, Wash. Leppo works for a Seattle law firm representing Dawn.

The Dawn Mining Co. plan to clean up the company’s abandoned uranium mill at Ford, Wash., is based on seriously flawed studies, a hydrogeologist testified Monday.

Dr. Fred Kirschner of Valleyford, Wash., offered that sharply contested opinion on behalf of the Spokane Tribe of Indians at a hearing Monday in Spokane. The tribe, whose reservation is next to the mill, is concerned about contamination of Chamokane Creek.

The tribe draws water from the creek, which flows onto the reservation, for its fish hatchery and other purposes. Along with the Dawn Watch coalition of environmental organizations, the tribe is appealing the adequacy of a supplemental environmental impact statement on the cleanup.

Washington Health Secretary Bruce Miyahara approved the cleanup plan in February based on that impact statement.

Cleanup work began last month when Dawn started the $4 million construction of evaporation ponds to remove contamination from water at the mill.

Tribal attorney Shannon Work of Coeur d’Alene said the tribe is concerned Dawn won’t adequately clean up existing ground water contamination and that it may introduce new contamination.

The new contamination could be caused by the cleanup as well as the company’s state-approved plan to import uranium mill waste.

Miyahara agreed to let Dawn pay for the cleanup by charging to place tailings from other states in a largely empty plastic-lined pit at Ford. His decision was based on legal difficulties in making Dawn or its parent, Newmont Mining of Denver, pick up the cleanup bill.

Kirschner repeatedly hammered the Dawn hydrogeological analysis for too much reliance on a layer of “silty clay” to prevent contaminated water in a shallow aquifer from reaching deeper aquifers. He believes the layer is thin and doesn’t extend throughout the contaminated zone.

Perhaps the most dramatic moment in Monday’s testimony came when Assistant Attorney General Jeffrey Leppo demonstrated Kirschner’s lack of familiarity with regulations concerning uranium mills.

Kirschner contended the contaminated water should be treated and released into Chamokane Creek. That would prevent the loss of water for the tribe and eliminate the need to build evaporation ponds on top of three old, unlined tailings piles. He feared the weight of the ponds would mash “slimy” contamination out of the tailings piles.

Kirschner said he was “a little surprised” when Leppo pointed out that state law prohibits the release of uranium-contaminated water even if it has been treated.

Dr. Tom Shepherd, the hydrogeologist in charge of the Dawn cleanup, said information he has collected in 8-1/2 years at the Dawn site convinces him the analysis performed by his Fort Collins, Colo., consulting firm is sound.

Administrative Judge Colleen Klein dismissed 17 of 20 appeal issues before the hearing began. The three remaining issues are that tribal water rights were not adequately studied, that plans for cleaning up the nearby Midnite Mine - which supplied the Dawn mill - should have been considered and that rail transportation of the waste through other states needed more attention.

The three-day hearing continues today, will be suspended Wednesday and conclude Thursday with testimony from Miyahara. Klein must rule within 30 days.

, DataTimes ILLUSTRATION: Map of Dawn Mining Company evaporation pond area