Two environmental law firms, Trustees for Alaska and Center on Race, Poverty and the Environment, joined local tribal and environmental organizations in filing a request for an adjudicatory hearing by the State of Alaska of their appeal of the state’s recent certification of a National Pollution Discharge Elimination System permit issued to the Red Dog Mine by the U.S. Environmental Protection Agency.
Representing the villages of Kivalina and Point Hope, the environmental law firms argued that certain provisions of the NPDES, which is the primary water discharge permit for the huge zinc-lead mine, do not comply with the Clean Water Act.
The state’s certification was issued Dec. 15, when, in accordance with Section 401 of the Clean Water Act, the state certified that the renewed NPDES permit would comply with all applicable state water-quality regulations.
According to Red Dog’s operator, Teck Resources Ltd., the appeal could result in revisions to the permit conditions or revocation of the permit. The organizations did not request that the permit be stayed, allowing the certification to remain in effect during adjudication of the appeal.
“The state and federal agencies have just completed a very thorough review of water quality issues associated with Red Dog,” said Jim Kulas, manager, environmental and public affairs for Teck. “Based on years of data documenting a healthy downstream environment, in the agencies’ judgment, the permit will be fully protective of human health and the environment. Teck believes that the regulatory process has been robust and appropriate.”
The NPDES permit was issued by the EPA on Jan. 8. The appeal period for the NPDES permit expires on Feb. 16.
