Archives of the BVDA's recent News postings:

 

Upcoming Legislative Meetings

 

Here is a list of NM State Legislative Committee meetings which may impact BVDA and are scheduled for July.  Occasionally the time or agenda of a scheduled meeting changes, so call the Legislative Council Service at (505)986-4600 if you plan to attend, in order to confirm the information.   In order to receive the newsletter, call the above number or e-mail wpxtra (at) nmlegis.gov  (replace the (at) with the @ sign).

Radioactive and Hazardous Materials (RHMC)

July:  TBD  (Watch for more information on this one.)

 

Water and Natural Resources (WNRC)

July 6 – 7:  TBD

Socorro

 

Economic and Rural Development (ERD)

July 8:  10:00 a.m., Deming

July 9: 9:00 a.m – 12:30 p.m, Deming

July 9: 5:00 p.m. – 7:00 p.m., Elephant Butte

July 10:  9:00 a.m., Elephant Butte

Agenda Items:  agricultural issues, medial marijuana, wine industry, spaceport, White Sands, tourism

 

Indian Affairs (IAC)

July 12:  UNM Law School

July 14 – 15:  Pueblo of Santa Ana

Agenda Items:  law programs, new law school dean, voting rights

 

 


Interesting reading

 

Ernest J. Sternglass, Ph.D.
Professor Emeritus of Radiological Physics
University of Pittsburgh School of Medicine
Director of the Radiation and Public Health Project
4601 Fifth Avenue #824, Pittsburgh, PA 15213

February 7,2009

Dr. Steven Chu, Secretary of Energy
1000 Independence Avenue
Washington, DC 20585

 

Dear Dr. Chu:

 

I am writing to you to make you aware of a little-known tragic mistake that was made by the medical community and physicists like myself during the early years of the Cold War that has been playing a major role in the enormous rise of the incidence chronic diseases such as cancer and diabetes, and thus the cost of healthcare in our nation. The mistake was to assume that the radiation exposure to the public due to the small amount of fallout from distant nuclear weapons tests or the operation of nuclear reactors would have no significant adverse effect on human health.

 

This assumption was based on our experience with a half-century of studies that showed no detectable increase in cancer rates for individuals given one or two diagnostic X-rays. What was not understood at the time was that the radioactive elements created in the fission of uranium did not just produce a small increase in the external dose as received from the natural background sources. Instead, the particles and gases produced in the fission process released into the environment would lead to vastly greater radiation damage than from diagnostic X-rays or the gamma rays in background sources because the radioactive fission products and uranium oxides were inhaled and ingested with the milk, the drinking water and the rest of the diet, concentrating in critical organs of the body.

 

Thus, the radioactive Iodine-131 seeks out the thyroid and damages the production of key growth hormones as well as thyroid cancer, Strontium-90 concentrates in bone where it irradiates the bone-marrow, causing leukemia in newly forming red blood cells as well as damage to crucial white cells of the immune system that fight cancer cells and bacteria. Cesium-137 collects in soft tissue organs such as the breast and the reproductive organs of males and females, leading to various types of cancer in the individuals and their children as well as in later generations.

 

The mistake was compounded by the fact that in the early 1950’s when bomb tests began on a large scale in Nevada, it was not known that the adverse effect of radiation is tens to hundreds of times more serious for the developing infant in the mother’s womb and young children than for the adults studied following medical X-ray exposures. Nor was it discovered until the early 1970’s that protracted radiation exposures as from long-lived fission products accumulating in the body, is much greater than from the same total dose received in a short X-ray exposure.

 

As a result of this lack of knowledge at the time, government officials were able to reassure a concerned public that the small levels of nuclear fallout from the Nevada tests would produce no adverse effects, and point out the potential benefits of the peaceful atom. Thus, in the mid-1950’s, President Eisenhower was able to declare that dirty coal power plants could be replaced by “ clean nuclear energy too cheap to meter.”

 

Thus, a program of building a large number of nuclear plants was begun which were permitted to discharge small amounts of fission products comparable with the levels of fallout from atmospheric weapons testing.  This was also the time the Cold War had begun and thousands of nuclear weapons were produced and tested as a necessary deterrent to keep the large armies of the Soviet Union from overrunning all of Europe. Therefore, when it was discovered in the 1960’s that small amounts of fission products produced much greater damage than had been expected, and not only leukemia and other forms of cancer but also premature births, low birth-weight and infant mortality, it was kept secret by our government for fear that it would endanger the deterrent value of the nuclear arsenal.

 

Moreover, when a rise in healthcare costs began with the start of large-scale atmospheric weapons testing that increased sharply with the construction of some one hundred nuclear plants beginning in the 1950’s, this was blamed on the inefficiency of the system and the greed of the drug companies, and not on the large rise of releases from the nuclear plants built near the large cities, contaminating the milk produced in the nearby dairies.

The details of this story can be found in my book “Secret Fallout” that can be downloaded free from the Radiation and Public Health web-site www.radiation.org as well as a list of some two dozen papers published in scientific journals and five books published by members of RPHP.

 

Fortunately, the recent rapid development of alternative energy makes it possible to see an end to this tragedy, since it is possible to convert the aging nuclear plants to operate with natural gas. This can be done at a small fraction of the cost of new power stations until the alternative solar, wind, geothermal and hydro sources can take their place, as demonstrated by the case of the Fort St. Vrain nuclear plant near Denver, Colorado, now using natural gas.

 

If our nation that built the first reactors and nuclear weapons were to announce the goal of phasing out nuclear fission reactors that also produce the plutonium and tritium needed for nuclear weapons while developing nuclear fusion power and other non-polluting sources of energy, it will also make it easier to achieve the stated goal of President Obama of a world free from nuclear weapons.

 

Thus it is possible to look forward to a world free from the danger of the annihilation of human life by nuclear weapons using enriched uranium or plutonium that is only produced in nuclear fission reactors, together with the highly toxic nuclear wastes that remain deadly for thousands of years.

Sincerely yours,
Ernest J. Sternglass, Ph.D.

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New at BVDA:  

A history of MASE and a re-cap of the 2008 and 2009 New Mexico Legislative sessions, by Chris Shuey, review it here

 

 

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Post 71 miners have a new action alert page on their site.

 

April 2, 2009

Read what they are saying about US Senator Udall and NM Senator Ulibarri working against their constituents by clicking here 

 

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 New Mexico Environment Department Prevails in Precedent-Setting Case
 Affirming State's Authority to Protect All Groundwater in New Mexico

 

New Mexico Water Quality Control Commission Rules Unanimously that
Freeport McMoRan Copper & Gold Must Clean Up Pollution

 

January 13, 2009, Santa Fe, NM.

From: Marissa Stone, NMED Communications Director
 
 For Immediate Release                                     (505) 827-0314
 or (505) 231-0475
 
 The New Mexico Environment Department prevailed today
 in a major case before the Water Quality Control Commission that
 reaffirms the state's ability to enforce the Water Quality Act to
 protect the state's precious groundwater resources.
 
 The ruling establishes that groundwater beneath Freeport McMoRan Copper
 and Gold's Tyrone Mine in Grant County is protected. The decision will
 require the company to continue to take steps to protect groundwater and
 clean up pollution beneath the mine property. The case reaffirms the
 state's authority to protect groundwater at any site it regulates,
 including mines, dairies and national laboratories.
 
 "The commission upheld the department's longstanding position that in an
 arid state like New Mexico - where we derive 90 percent of our drinking
 water from groundwater - all aquifers must be protected," said New
 Mexico Environment Department Secretary Ron Curry. "The commission
 re-established the state's right to protect water quality and all
 groundwater now and for future generations. This precedent setting
 decision is important not only for the Tyrone mine site but for the
 regulation of groundwater quality in Grant County and the rest of the
 state as well."
 
 The decision will require Freeport, formerly Phelps Dodge Mining Corp.,
 to continue to follow requirements the department established to protect
 groundwater at the mine site.
 
 The case hinged on Freeport's argument that groundwater within the
 Tyrone mine site - consisting of several thousand acres -- was exempt
 from state groundwater protections as long as the company did not cause
 groundwater off site to become contaminated. The result of this argument
 would have been to create a groundwater "sacrifice zone" at the mine
 site. The department has long maintained that groundwater underneath the
 site should be protected now and into the future.
 
 The commission rejected Freeport's contention that this groundwater is
 not protected.
 
 The case began in 2002 and has been ongoing ever since. The company,
 after a lengthy hearing, challenged the New Mexico Environment
 Department's hearing officer's initial decision in the case. The hearing
 officer affirmed the state's right to issue a permit with conditions for
 the protection of groundwater quality and require the company to follow
 provisions of the Water Quality Act. The case was subsequently heard
 before the commission, which upheld the department's authority. Freeport
 then appealed the case to the state Court of Appeals, which largely
 affirmed the commission's decision but remanded the case to the
 commission on the limited issue of groundwater protection. Today's
 decision was the result of that remand.
 
 I commend the commission on its hard work, technical expertise and
 thorough review and deliberation that required hundreds of hours of
 work," Secretary Curry said.
 
 The New Mexico Legislature in 1967 passed the Water Quality Act, which
 provides protection for all groundwater in the state.
 
 For more information, call Marissa Stone at (505) 827-0314.

 

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New Mexico Environment Department reaches agreement with 
Homestake regarding water supply


HMC to provide city water to a dozen or more homes in Bluewater Valley

 

January 12, 2009, Santa Fe, NM.

In a signed Memorandum Of Agreement (MOA) between the NMED and HMC, certain
residents will be connected to the Milan water supply.  Additional information is available
by downloading the following documents.

 

 

Download the NMED MOA by clicking here - PDF File

Download the response to the MOA by the bvda by clicking here - DOC file

 

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Nearby residents oppose permit

HOMESTAKE STILL SEEKING RENEWAL

By Donald Jaramillo
Beacon publisher/managing editor
Published Tuesday, January 19, 2010 10:15 AM MST

 

    GRANTS - A public hearing was held last week on Jan. 12 and 13 in regard to Homestake Mining Company's discharge permit with modification at the Cibola County Complex. The hearing started on Tuesday morning and went through 8:30 p.m. the first day. On Wednesday, officials started at 8 a.m. and the hearing ended at approximately 3 p.m.


Attorney Jonathan Block of the NM Environmental Law Center and expert witness Chris Shuey of the Southwest Research Center question the success of the current Homestake Mining Company’s reclamation project’s success on Wednesday, Jan. 13, at the Cibola County Complex.BEACON / JARAMILLO

    The permit's site is just north of the Village of Milan on Highway 605 toward San Mateo. The Homestake reclamation project is a Superfund Site.

    According to Homestake Project Manager Al Cox, he has been waiting for re-approval of the existing permit for several years and is now requesting a third pond, EP3, to speed up the process of reclamation. If approved by the New Mexico Environmental Department, EP3 would be constructed on HMC property on Sections 22 and 23, approximately 1,800 feet north of County Road 63. A 50-foot wide access corridor will be constructed to access the proposed pond and to locate piping and associated infrastructure to the pond area.

Cox said that the pond can be constructed in 90 to 120 days and would cost approximately $2.5 million.

    “We've lost time [without the third pond],” said George Hoffman, a hydrologist witness for HMC. “We've been unable to maximize the process being used for cleanup.”

    The hearing, hosted by the Environmental Department, included detailed discussion from expert witnesses and attorneys from HMC and the Bluewater Valley Downstream Alliance. A hearing officer lead the meetings as the opposing organization, the BVDA, argued the success and questioned the process being used by HMC. BVDA is a grassroots community-based organization based in Milan and lead by Art Gebeau. BVDA is opposing the permit, in collaboration with the New Mexico Environmental Law Center and the Southwest Research Information Center. The three organzations are requesting NMED to disapprove the water permit until a report on the effectiveness of HMC reclamation plan is released next month by the U.S. Army Corps of Engineers. According to BVDA, residents in the area have already lost well-use access and are suffering from radon exposure coming from the tailings pile at four times greater than safe background levels. 

    “Since you started this in 1972,” Gebeau confronted Hoffman while he was on the stand. “the goal was so that the contaminated water would not spread and some odd 30 years later many people around there are told not to drink the water, why? Why is it that the contamination has spread?”

Hoffman went on arguing that HMC is using the best process the company he represents knows of.

State Senator David Ulibarri and Representative Eliseo Alcon went on record on Tuesday evening in support of the HMC being renewed with modification.

    Alcon said, “If this third pond will help Homestake clean its site up more quickly, then, obviously, it is in Homestake's best interest to construct it . . . and sooner rather than later.”

    Ulibarri told the hearing officer that he and Representative Patricia Lundstrom had officially questioned as to why the HMC permit had not been renewed and why it was taking so long. “My interpretation of this letter is that the delay on NMED's part was due to the question of whether the evaporation ponds were causing radon exposure,” Ulibarri said. “NMED stated in their letter to me and Representative Lundstrom that they have now made a determination that the ponds are not causing radon exposure. Now it is time to move forward . . . the initial request for this pond was made more than three years ago.”

    Secretary Ron Curry of NMED will make a final determination approving, conditionally approving or disapproving the renewal and modification water permit.

    “Fundamentally, our principal concern is the restoration of our groundwater,” Gebeau said at the meeting. Gebeau concluded his statement by offering recommendations to HMC, one being that they move the cleanup site. “If the federal government can move tailings piles located in or near communities and rivers in Durango, Grand Junction, Gunnison and Rifle, Colo., and Moab, Utah, it can do so here in Milan.”

    The HMC cleanup site involves a 25-million ton uranium waste pile.

To comment or for more information on the hearing or water permit, you can reach NMED at 1-505-827-2002 or 1-505-827-2919.

  From the Cibola County Beacon

 

 

Letter to the Editor of the Cibola County Beacon - response to article:

 

Dear Mr. Jaramillo,

Your article on Bluewater Valley Downstream Alliance's participation in the recent hearing on Homestake Mining Company's state discharge permit contained two fundamental errors that we request your correct immediately ("Nearby Residents Oppose Permit", January 19, 2010).

First, neither BVDA nor its law firm (the New Mexico Environmental Law Center) and technical assistance organization (Southwest Research and Information Center) "opposed" the permit.  We urged the Hearing Officer to defer making a decision to modify and renew the permit until the results of an independent assessment of the effectiveness of Homestake's groundwater remediation system is completed by the U.S. Army Corps of Engineers and reviewed by all parties.  USACE is expected to issue a draft report of its findings on February 12.  No BVDA member said, orally or in writing, that our group is opposing the permit. 

Second, BVDA's expert witness was Mr. Paul Robinson, research director at SRIC in Albuquerque, not his colleague Chris Shuey, as indicated in the photo caption.  Mr. Robinson did not testify in opposition to the permit, nor did he state in his pre-filed written testimony that he was opposing the permit.  In fact, Mr. Robinson made several recommendations intended to improve waste management at the site and to help Homestake make progress toward cleaning up groundwater by 2017.  His position was also clearly stated in his written testimony: "The overall goal of these recommendations is to substantially improve the processes and facilities permitted under Discharge Permit 725 by providing for the closure and removal of the existing waste management units located in the San Mateo Creek floodplain and consolidation of all waste storage and disposal functions in a state-of-the-art facility that is located outside of the floodplain."

BVDA urged deferring a decision on renewal of DP-725 because we are convinced that Homestake will not meet its self-imposed 2017 deadline using its current strategy of flushing the large tailings pile with clean water, and that the USACE evaluation will address that very concern.  BVDA members have heard Homestake's repeated promises to clean up pollution groundwater since the mid-1970s.  Since the past and current systems have failed each 10-year period since then, BVDA felt that the New Mexico Environment Department should have waited to receive and review the USACE report before holding a hearing on a permit that may have to be substantially changed.

Finally, BVDA notes that neither Senator Ulibarri nor Representative Alcon listened to any of the technical testimony at the two-day hearing, or stayed around on Tuesday evening to listen to BVDA members' statements about the hardships they have endured from 40 years of polluted groundwater, diminished property values, and ill health.  Their willingness to ignore our community's concerns has become a pattern of behavior that belies their positions as representatives of all of the people of their districts.

Sincerely,

 

Dave Arnold

Bluewater Valley Downstream Alliance

 

 

 

bvda Milan, Cibola County, New Mexico

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