Boise-The Idaho House Environment Committee and the Idaho Senate Health & Welfare Committee have approved a rule to allow companies like the J.R. Simplot Co., Agrium, and Monsanto to mine phosphate without being required to restore groundwater beneath their operations to their natural condition. According to the new rule, approved on Jan. 28, mining companies could pollute groundwater below their extraction, reclamation, and tailing activities with high concentrations of naturally occurring elements such as selenium. They would be required to monitor groundwater at “points of compliance” close to the mining area to ensure the pollution does not migrate offsite. The rule does not require mining companies to clean contaminated groundwater, but they must keep pollution from spreading. It stops short of a 2007 draft proposal developed, but never formalized, by the Idaho Department of Environmental Quality that would have required companies to clean up groundwater below their mines within eight years of ceasing activities. Agency rules must be approved in House and Senate committees to go into effect. Barry Burnell, IDEQ water quality administrator, called the measure a balance between the mining companies and environmentalists, but the Idaho Conservation League opposed the rule. ICL Program Director Justin Hayes said it leaves Idaho groundwater vulnerable and does not protect human health.
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