Regulation Of Mining Wastes In California

Introduction The mining industry has a poor public image. It is often perceived as a despoiler of the landscape and a polluter of the environment, and there is little recognition of societal needs for the raw materials and fuels that this industry produces. There are many reasons for this poor image, but an important one is that a substantial number of mining operations have caused significant damage to the environment. Many of these operations, particularly those that now are abandoned, continue to have an adverse impact, principally in the form of water pollution.1 In some cases, the damage caused by this pollution extends well beyond the immediate region around the mine. Chemical contamination of ground and surface waters can, and does, occur in nature when these waters flow through or over undisturbed, mineralized rock masses. However, the problem is greatly exacerbated by mining because the mining activities increase, by several orders of magnitude, the permeability and the surface area of rock that can be contacted by percolating water. Water flowing through either the mine workings or the waste rock dumps becomes contaminated. Pollution can also arise if leachate from tailings ponds enters either groundwater or surface waters. This leachate may contain chemicals used in processing the ore. The magnitude of the threat posed by mining wastes depends on the type of minerals in the deposit, and on the chemicals used to process the ore. The magnitude of the threat also depends on two other, site-specific factors. One is the volume of water flowing into the mine and through the dumps, which depends on rainfall patterns, topography, and whether the mine workings are surface or underground. The other is the proximity of the pollution source to groundwater or surface waters, which depends on both the climate and geology. These factors influence the concentration and the quantity of polluted water forming and reaching the receiving water. Mining activities present a potential problem of enormous scale. Vast amounts of rock are mined each year2 and, as noted above, substantial problems have arisen at some mine sites. These problems are usually exceedingly costly to address, and it is imperative that these mistakes not be repeated. There are indications that we can accomplish this goal; we now better understand the processes that cause pollution and have methods to prevent or contain it. In addition, in the past few decades society has started to recognize the need for all industries to operate in a manner that maximizes the health and safety of workers and the public and minimizes adverse environmental impacts. A variety of recently enacted federal and state laws regulating public health and environmental hazards reflect the increasing concern over these issues. Many statutes, such as the federal Clean Air Act and the Clean Water Act, encompass activities undertaken by the mining industry. Other laws, such as the Surface Mining Control and Reclamation Act, have been written to regulate specific hazards posed by this industry. At the present time, the federal government. through the Environmental Protection Agency (EPA), and several state governments, are preparing new regulations specifically tailored to control the disposal of mining wastes. Given the magnitude of the potential environmental and health risks posed by disposal of mining wastes and the regulatory costs to the mining industry (both of which are due to the tremendous volume of waste generated), it is especially important that regulators have a good understanding of the different types of mining wastes and the risks they are likely to pose in various geographic and climatic circumstances. Only then can a regulatory program be designed with suitable procedures and substantive criteria to protect the environment and ensure compliance, while avoiding unnecessary or wasteful expenditures. California has long enjoyed a large, active mining industry. Today it produces a wide range of mineral commodities. The revenue from production of non-fuel minerals in California ($2.85 billion in 1988) greatly exceeds that of any other state. About a third of this revenue is from the production of inert sand, gravel and crushed stone. However, the remainder is from the production of a wide range of materials. These include boron minerals, rare earths, asbestos, talc and pyrophyllite, and gold. In earlier decades, an even broader range of minerals was produced, including mercury, copper, lead, zinc, and barite. There are acute environmental problems at some of these early mine sites. Because in 1987 the state of California was engaged in a revision of its regulations for mining waste disposal, the legislature commissioned a study by researchers at the University of California at Berkeley to investigate and review: the magnitude of the problem posed by these wastes, • the best feasible control measures available for waste management and disposal, • the problems of abatement and cleanup at so-called "problem" mine sites, • the current regulations imposed on mining waste disposal by various federal, state, and local agencies and the effectiveness of these regulations. This paper summarizes the principal findings from this study (Mining Waste Study, 1988). The lessons from this investigation are likely to be of general interest because of the diversity of mineral products produced, and the wide range of geographic and climatic conditions encountered. The acute problems seen at some of the older mines are typical of the western United States, and teach useful lessons on strategies that should be implemented at new mines to prevent recurrences of these problems.