EGLE jurisdiction hearing expected March 20
Wetlands photo courtesy of Michigan Citizens for Water Conservation
A Michigan state administrative law judge, after almost a year and a half delay, recently decided he had no jurisdiction to rule on a citizen challenge of a proposed potash mine that would suck enormous amounts of groundwater out of an aquifer near the town of Hersey—near Reed City and the Huron-Manistee National Forests. The mine, if approved, would drain groundwater supporting sensitive wetlands and result in disposal of contaminated water into aquifers.
Michigan Citizens for Water Conservation (MCWC) filed the challenge after the state in June 2018 granted permits for eight solution mining wells and three non-hazardous brine disposal wells for the potash mining operation, despite environmental opposition to the project. The proposed potash mining operation in an Osceola County wetland complex would use 725 million gallons of Michigan groundwater per year, according to the state. Potash is used as fertilizer.
Michigan Potash Co. LLC proposes to extract potash salt through the process of solution mining, by pumping water or brine into targeted zones to dissolve the underground potash. The resulting dissolved, potash-rich brine is returned to the surface where it is evaporated to recover potash and food grade salt, state officials say.
The process creates potash deficient brine and water that is recycled in a closed loop system and reused. The three proposed nonhazardous disposal wells will handle the residual brine that is no longer usable for solution mining.
Administrative Law Judge Daniel Pulter, just days before a scheduled hearing on MCWC’s challenge and more than a year after the state issued the permits, determined he had no jurisdiction to rule on the challenge. The action baffled opponents of the mine.
“The upshot of all this,” said MCWC chairperson Peggy Case, “is that for the past year and a half, no one in Lansing has been looking into the serious issues involving Michigan Potash’s plan and site.” But MCWC vows to forge ahead, taking its challenge to the Environmental Permit Appeals Board within the Michigan Department of Environment, Great Lakes and Energy (EGLE). A hearing on jurisdiction is expected on March 20.
Case notes that Pulter’s non-decision decision dealt only with permits to drill the 11 wells. Additional permits will be required for the location of a refinery, high-pressure brine pipelines and handling facilities, shipping routes, and storage. The company has not performed any tests to establish that it can safely withdraw 5 to 10 times more fresh water than Nestlé is taking for its bottled water six miles away.
“People ask us why we’re continuing our fight,” Case said. “In short, we believe that we have no choice. High-risk, intensive industrial activity at such a uniquely vulnerable site is not something we’re willing to accept without a fight. Michigan already has far too many areas that have become ‘water sacrifice zones’.”
“As Michiganders, we view fresh clean ground and surface waters as our birthright.”