Disastrous cyanide spill could spawn liability reforms - ACS Publications

Disastrous cyanide spill could spawn liability reforms. The collapse of a gold mine in Baia Mare,. Romania, in January is a grim reminder of the risks...
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Environmental News Disastrous cyanide spill could spawn liability reforms however, that the nature of he collapse of a gold the mineral market puts mine in Baia Mare, tremendous pressure on Romania, in January is producers to reduce produca grim reminder of the tion costs, including tiiose risks of modern mining of containment. But compapractices. The question of nies could be motivated to who will pay for the ecoimprove security if they logical disaster has only were held liable for the constarted to be answered, but sequences of their activities, it may serve to catalyze Krauss said. In this way, much-needed legal resound environmental pracforms concerning environtices would become more mental liability and the financially attractive than hardrock mining industry. the cost of eventual cleanup Esmeralda Explorations, and damage compensation. the Australian operator of Assessments compiled in the Romanian mine has 1999 by Europe's World repeatedly denied responsiWide Fund for Nature bility for the disaster, which (WWF) and the U S Naleaked nearly 100 000 cubic tional Research Council potent mixture (NRG both concluded that of cyanide and heaw metals improving the environmeninto the Szamos Tisza and Almost 500 tons of fish died after a Romanian mine collapsed, tal impacts of hardrock Danube rivers causing the spilling toxins into several major rivers. mining will reauire better subsequent death of almost information networks stricter en500 tons of fish tory reforms in both Europe and forcement of existing laws and Although Hungary was the the United States. regulatory reform country hardest hit by the disasOther examples of mine acciter, it looks unlikely that the comdents include much-publicized In the European Union (EU), pany can be held liable for damspills in Guyana in 1995 and in regulation of mining waste falls ages in any of the affected southern Spain in 1998, where under the 1991 Framework Direccountries other than Romania Europe's largest reservoir of bird tive on Waste. The WWF study on because no international agreespecies was affected. Both accimining waste disposal in Europe ments on environmental liability dents were caused by collapsing claims, however, that this legislaissues exist, said Jxirg Bally of the tailings dams. And the Sumtive framework is ineffective in Swiss Agency for the Environmitville gold mine in southern protecting the EU's environment ment, Forests, and Landscape Colorado began leaking cyanide and people from pollution result(SAEFL). SAEFL plans to push forand heavy metals into the Alaming from mining activities. As a ward international agreements on osa River soon after opening in result, WWF proposed an action environmental liability as part of 1986. The Canadian operator has plan to the European Commisthe United Nations' Helsinki con~ declared bankruptcy, leaving besion (EC) that includes compiling ventions on the protection and hind a Superfund site and an estia comprehensive inventory of mated $200 million cleanup cost. metal mines and tailings ponds of transboundary waters and within the EU and its accession transboundary effects of indusAll of these spills were caused countries and adding mining trial accidents Bally added by engineering failures and, as waste to the European Hazardous such, were avoidable, according to This mine spill and a second Waste List which would make Raymond Krauss, former environsmaller spill in mid-March were disposal operations subject to mental manager of California's caused by the collapse of tailings more stringent requirements. The state-of-the-art McLaughlin gold dams after heavy rains. The acciproposed inclusion of mining mine and now an independent dents are the latest in a worldtivities under the Eurporean resource management consultant. wide string of disasters that have Union's Seveso II directive which Krauss stressed the importance of stirred up a debate over the curcontrols major accident hazards proper containment engineering rent legal situation of hardrock involving dangerous substances for mining operations, admitting, mining and the need for regula-

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vironmental liability, adopted by the EC in February, proposes various measures for introducing a strict liability regime for environmental damage based on the polluter-pays principle. In the United States, an ongoing battle over reform of the 1872 Mining Law, which regulates the availability of public land for mining purposes, is not likely to end soon. The 1999 NRC report, Hardrock Mining on Federal Lands, emphasized the need for an advanced information system on mining operations and environmentally sensitive federal

would initiate various measures to prevent tailings lagoon spillages, limit their consequences, and breach the current lack of information on such incidents. According to Pia Ahrenkilde, EC's environment spokesperson, the inventory of mining hotspots and practices has already been started and may be finished by year's end. Also, discussions with member countries about possible extensions of the Hazardous Waste List and the Seveso II directive to cover mining waste and mining activities, respectively, are under way A white paper on en~

land. The report concluded that stricter enforcement of existing regulations is needed, as well as firmer regulations of small mining operations and clearer distinctions between temporarily idle and abandoned mines. A much-awaited 1998 EPA Toxics Release Inventory report will, for the first time, include releases from the metal mining industry. So while the path toward greater global environmental responsibility for mining operations still looks rocky, there are some signs of change. —ANKE SCHAEFER

Natural attenuation's popularity outpaces scientific support, NRC finds The surge in the use of natural tance of natural attenuation was where it can't work or shouldn't attenuation over the past decade happening too quickly, according work." has outpaced the development of to NRC Committee Chair Bruce What the committee found, he adequate guidelines for its use, Rittmann, an environmental engisays, is that natural attenuation according to a National Research neer who specializes in bioremehas the potential to remediate a Council (NRC) report released diation at Northwestern Univerwide range of contaminants— March 1. As a consequence, natusity in Evanston, IL. "Many including nitrate, nickel, and ral attenuation is being applied at groups were concerned about lead—although the scientific and sites where its effectiveness has 'bandwagoning'—that natural technical understanding for how not been adequately demonattenuation was being used to handle these contaminants has strated, NRC found. not yet been established. Natural attenuation, Natural attenuation is well which relies on natural bioestablished as a remediation The growing use of natural logical, chemical, and physiapproach for only a few types attenuation cal processes to treat groundof contaminants, primarily At Superfund sites, the use of natural attenuation to water or soil contaminants the gasoline components remediate contaminated groundwater has increased. rather than engineered treatBTEX (benzene, toluene, ethData from 1997 continue the upward trend but were ment systems, is now the ylene, and xylene) and some incomplete when the NRC report was published. leading remedy for groundchlorinated solvents, accordwater contaminated by gasoing to the report. line from leaking underNRC found that the inground storage tanks. In creased use of natural atten1997, it was used at more uation has been accompathan 15,000 sites. In EPA's nied by a proliferation of Superfund pr02r3.n1, the use policy statements, state reguof natural attenuation as a lations, and technical docuremedy for contaminated ments dealing with this remgroundwater $?rew from 6% edy. The committee reviewed in 1990 to more than 23% in 14 such documents and 1997 found many instances of inadequacies in, or misuse of, The NRC study was trigthe protocols. "The level of gered by apprehension documentation that is being among some academic and accepted often has not been industrial scientists, regulahigh enough," said Rittmann. tors, and environmental Source: National Research Council. "There are too many situagroups that regulatory accep'







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