Issues at Cañon City uranium mill (Colorado)
(last updated 13 Aug 2008)
see also:
CDPHE cites Cotter for groundwater contamination near Cañon City uranium mill
On July 25, 2008, the Colorado Department of Public Health and Environment (CDPHE) issued a Notice of Violation to Cotter Corp. for exceeding the 30 migrogram per liter groundwater standard for uranium north and west of the mill complex.
> Download Notice of Violation July 25, 2008 
(PDF)
Cotter Corp. pleads guilty to poisoning migratory birds at Cañon City uranium mill
On March 12, 2008, Cotter Corp., pleaded guilty and was sentenced in U.S. District Court for the District of Colorado for its role in the poisoning deaths of migratory birds at its uranium processing facility near Cañon City, Colo., the Justice Department announced.
Cotter Corp. pleaded guilty to a misdemeanor violation of the Migratory Bird Treaty Act, in connection with a spill of approximately 4,500 gallons of organic solvent on Oct. 21, 2005, which escaped from a building at the processing facility and flowed into a catchment pond. Approximately 40 geese and ducks were killed after coming into contact with the solvent in the pond, which was removed by Cotter employees within a few days of the spill.
Under the plea agreement, Magistrate Kathleen Tafoya sentenced the company to pay the maximum fine of $15,000, make additional restitution of $15,000 and be placed on 12 months probation. During this time, the company is required to prepare and implement an environmental compliance plan designed to prevent future spills and ensure speedy, effective clean-up of any discharges that might occur.
(U.S. Department of Justice Mar. 12, 2008)
Cotter Corp. considers reopening its Cañon City uranium mill
The state's only uranium mill, run by Cotter Corp., has decided against efforts to dispose of out-of-state radioactive material and instead is deciding whether it is feasible to refurbish and reopen the mill.
Cotter Corp. opened its uranium mill south of Canon City in 1958. In 1988, the mill site and a portion of the neighboring Lincoln Park community became an Environmental Protection Agency Superfund site because contamination from unlined tailings ponds seeped into the groundwater.
The mill has operated off and on for short periods since the early 1980s. Due to the costs of operation, the mill has not operated for nearly two years, but continues to employ a small crew of workers.
"We are going through the process of making a decision whether to reopen the mill," Cotter mill manager John Hamrick, said. "The equipment is old and tired and they don't make the parts anymore."
Cotter has contracted with an engineering firm to provide a conceptual cost analysis for refurbishment of the mill. That report is expected in April 2008, then Cotter managers will review it during the ensuing 60 days before making a decision.
"Hopefully the management will say 'yes' to refurbishment which means most of the existing buildings and infrastructure will have to be replaced," Hamrick said.
If Cotter officials do decide to refurbish the mill, they will first have to pay an engineering firm close to $1 million for an in-depth analysis with detailed plans for the new mill's construction. It is a process that will take about a year before actual construction would start, Hamrick said.
Hamrick said before a contractor is hired for the work, the Colorado Department of Public Health would have to approve a license amendment for construction of a new mill.
(The Pueblo Chieftain March 1, 2008)
CDPHE releases Cañon City uranium mill 2006 Environmental Performance Report
> Download Environmental and Occupational Performance Report, ALARA Review, and Annual Report on Remedial Action Plan Activities for Calendar Year 2006, Radioactive Materials License No. 369-01 (CDPHE)
State identifies potential leak at Cañon City uranium mill tailings impoundment
State health officials say they think they have detected a small leak in the lined tailings impoundment at the Cotter Corp. Uranium Mill, but say the leak does not pose a health risk.
Cotter officials say they believe there is no leak.
(The Pueblo Chieftain July 9, 2007)
State issues Notice of Violation to Cotter on organic solvent emissions
> Download Notice of Violation, May 22, 2006 (PDF)
State fines Cotter after Cañon City mill worker hurt
> Download CDPHE Notice of Violation - Assessment of Penalties and Order, Feb. 8, 2006 (PDF)
CDPHE invites comment on proposed alternate feed processing of Sequoyah Fuels Raffinate Material at Cotter's Cañon City Mill
The Colorado Department of Public Health and Environment (CDPHE) will accept
written comments from the public and interested parties on the Materials Acceptance Report for the receipt of 11,000 tons of Sequoyah Fuels Raffinate Material for processing at the Cotter Cañon City Milling Facility.
Written comments will be accepted through February 21, 2006.
> Download CDPHE Notice of Public Comment Period - Sequoyah Fuels Raffinate Material, Jan. 20, 2006 (PDF)
> Download Materials Acceptance Report for Sequoyah Fuels Raffinate Material, Jan. 13, 2006 (486k PDF)
State cites Cotter with air quality violations
The Cañon City uranium and vanadium mill failed a stack test and was found to be in violation of the conditional license’s requirements that the plant operate using two bag houses and a scrubbing unit to lessen the emissions, APCD public information officer Chris Dann said on Jan. 12, 2006.
The opacity levels are the density of the smoke leaving the stack of the Decomposition Kiln and Fusion Furnace, according to the N.O.V. The normal Environmental Protection Agency limits are 20 percent opacity, and Cotter had levels between 39.2 and 45 percent. The report was issued on Dec. 9, 2005, one month after the violations.
(Cañon City Daily Record, Jan. 13, 2006)
Cotter Corp. lays off mill workers due to poor economics
On Nov. 4, 2005, Cotter Corp. announced that 78 uranium mill workers - most of the workforce - will be laid off temporarily during the next 60 days while the company addresses a host of startup issues.
Last spring Cotter Corp. launched a multimillion-dollar renovation of the aged uranium mill south of Canon City in an effort to ramp back up to full operation to meet growing world nuclear demand.
A number of supply and production problems now are slowing the company's timeline for achieving full production, Cotter Corp. spokesman Jerry Powers said.
(Pueblo Chieftain Nov. 5, 2005)
ATSDR releases report about lead exposure in Lincoln Park for public review and comment
The Agency for Toxic Substances and Disease Registry (ATSDR) released its public comment version of the public health consultations about lead exposure in the Lincoln Park neighborhood of Cañon City, Colo. Because sufficient data is not available, the agency needs to conduct follow-up testing to determine if lead exposures in neighborhood children pose a health hazard and if the levels of lead-contaminated house dust pose health hazards.
The consultations are available for public review through October 7, 2005.
> View ATSDR release Sep. 8, 2005
CDPHE invites comment on proposed disposal of AMAX uranium contaminated soil at Cotter mill site
CDPHE announces the availability of a Materials Acceptance Report for the proposed acceptance of 8,000 tons of radioactive materials from the AMAX Research and Development site (AMAX R&D) in Golden, Colorado, for direct disposal at Cotter Corp.'s Cañon City Milling facility.
The soils at the Amax R & D Center East Parking Lot (and Surrounding Areas) are impacted radiologically as a result of prior "pilot scale" uranium extraction operations undertaken by the Kerr-McGee Corporation in the late 1950's and early 1960's.
The comment period extends through May 17, 2005.
> Download CDPHE release Apr. 22, 2005 (PDF)
> Download Materials Acceptance Report, Apr. 5, 2005 (4.4MB PDF)
State cites Cotter for contamination incidents
On April 12, 2005, CDPHE issued a Notice of Violation to Cotter Corp. for two contamination incidents that occured in October 2004 and February 2005. An employee had intakes of 22 mg of soluble uranium each from these incidents, while the weekly limit is 10 mg.
> Download Notice of Violation, April 12, 2005 (PDF)
CDPHE finalizes decision on remedial action for Old Tailings Ponds Area
The Department has finalized the Decision Document for the Old Tailings Pond Area remedy. The Selected Remedy remains Excavation and On-site Disposal in the Primary Impoundment.
> Download Decision Document and Response to Public Comment, May 1, 2006 (202k PDF)
CDPHE invites comment on Proposed Plan for Old Ponds Area at Cotter Mill
The preferred alternative for remedial action in the Old Ponds Area is "Selected Excavation".
> Download CDPHE Factsheet: Proposed Plan for Old Ponds Area/Cotter Mill, May 2005 (PDF)
Feasibility Study for the Old Ponds Area
The final draft of the "Feasibility Study for the Old Ponds Area" has been received by CDPHE, but it will not be posted on the website due to the large size of the document. (CDPHE March 17, 2005)
> View details (CDPHE)
State renews Cotter's Cañon City mill license, but prohibits waste acceptance from other sites, and requires transition to dry tailings management scheme
On Dec. 15, 2004, State health officials approved a heavily-conditioned, five-year extension of the uranium-processing license that the Cotter Corp. has had for more than 46 years but turned down the company’s request to become the state’s first nuclear-waste storage facility.
The proposed five-year license will allow continued processing of uranium and vanadium by Cotter but will bar disposal of radioactive waste from other sites, such as thorium-laced radioactive soils from a superfund site in Maywood, N.J., the company recently requested permission to dispose of at its Cañon City facility.
The proposal also requires Cotter to drain its impoundment ponds, which are used to store mill tailings, and convert to a dry storage system.
The license renewal is also subject to a hearing if requested by Cotter or any other party in the next 60 days.
(Cañon City Daily Record Dec. 15, 2004)
On Feb. 1, 2005, Cotter filed a request for hearing.
> For CDPHE release, license text and decision analysis, see CDPHE Cotter page .
Cotter prepares resumption of uranium ore processing at Cañon City mill
Cotter Corp. has "reinvigorated" operations at its three mines on Colorado's Western Slope - as well as doubled the workforce in the Cañon City mill - in anticipation of increased uranium and vanadium production. The mill began crushing ore on Aug. 24, 2004.
This announcement came only two days after local residents and local government officials had called the Colorado Department of Public Health and Environment to close the mill, based on Cotter's dismal health and safety record.
(Cañon City Daily Record Sep. 17, 2004)
Cañon City advocacy group wins EPA national award for excellence
On June 10, 2004, the U.S. Environmental Protection Agency announced its prestigious 2004 Citizen Excellence in Community Involvement Award will be awarded to the Cañon City-based advocacy group, Colorado Citizens Against ToxicWaste. CCAT is recognized for its leadership and participation in the community involvement process at the Lincoln Park Study Area Superfund site.
> View EPA Region 8 release Jun. 10, 2004
EPA clears a hurdle in Cotter Corp. plan to accept Superfund waste
The Environmental Protection Agency recently notified Cotter the agency had rescinded an order against the plan to accept Superfund waste at Cotter's uranium mill south of Cañon City. (AP 4 May, 2004)
EPA awards $50,000 grant to CCAT
The United States Environmental Protection Agency has awarded a Technical Assistance Grant of $50,000 to Colorado Citizens Against ToxicWaste, Inc. for the Lincoln Park Superfund Site near Cañon City.
The purpose for TAG funds is to hire technical scientific advisors to assist the community in interpreting technical reports, site conditions, and EPA's cleanup proposals and decisions.
(Cañon City Daily Record, Oct. 7, 2003)
Contaminated water seeps around plugged permeable wall
A "last line of defense" underground treatment wall is allowing uranium-tainted water to seep downstream from the Cotter Corp. property on the east edge of Cañon City, according to a recent report from the Colorado Department of Public Health and Environment.
According to the report issued by the health department this summer, uranium levels in the water bypassing the underground dam were at .6567 parts per million in the second quarter of 2003, compared with levels of.0026 ppm in the second quarter of 2002.
(Cañon City Daily Record, Sep. 25, 2003)
On September 15, 2003, Cotter applied for a license renewal of the Cañon City uranium mill. Cotter's operating license expired more than three years ago. However, a health department regulation under the heading "Expiration, Decommissioning and Termination of Licenses" states, "With respect to possession of radioactive materials and residual radioactive contamination, each specific license continues in effect beyond the expiration date until the department notifies the licensee in writing that the license is terminated."
Cotter's new license will allow activities ranging from expanded operations including direct disposal of waste from other sites [see: Disposal of contaminated soil from Maywood, NJ] to immediate decommissioning, demolition and clean-up. (Cañon City Daily Record Feb. 20, 2004)
Cotter License Renewal Information (CDPHE, documents submitted by Cotter)
Cotter Mills License Renewal Application Project Tracking (CDPHE)
State cites Cotter for more violations
Cotter Corporation was cited in July 2003 by the Colorado Department of Public Health and Environment for "significant deficiencies" in its radioactive materials program.
The violations were found during the health department's routine inspection of the uranium mill on the south edge of Cañon City on June 9-12, 2003. The inspection included visual observation of the facility, an in-depth review of records and interviews with Cotter personnel.
Cotter resolved some of the violations through a June 20 letter to the health department. Other violations remain unaddressed. The one-year record for violations by Cotter is 24 in 2002.
In addition to citing Cotter for problems, the health department also detailed several areas in which the company had improved its performance.
(Cañon City Daily Record, Aug. 6, 2003)
The soil in Cañon City's Lincoln Park area shows no significant elevation of plutonium, according to the Colorado Department of Public Health and Environment. Lincoln Park is located near the Cotter Uranium Processing Mill.
"Both sets of data show results below any health concern and require no further action," said Douglas Benevento, executive director at the health department, in a press release. "They indicate no significant level of plutonium present above the background levels from nuclear fallout." All soils contain some level of plutonium as the result of above-ground nuclear testing in the 1950s and 1960s said the health department press release.
Soil samples were taken from 20 Lincoln Park locations in January 2003 and were tested by the health department and the U.S. Environmental Protection Agency.
(Canon City Daily Record, July 24, 2003)
> Download
On May 7, 2003, Colorado lawmakers passed and sent to the governor a bill imposing new licensing requirements on the Cotter Corp. uranium mill near Cañon City. The Colorado House and Senate approved HB1358, the Cotter bill.
The company may proceed with a pending application to receive up to 470,000 tons of radioactive soil from a Maywood, N.J., Superfund site.
However, any new license, renewal or amendment - including changes that might be requested in the Maywood application - would come under HB1358 rules.
Upon Gov. Bill Owens' signature, the new HB1358 law will require the company to pay the county $50,000 for an independent study of the impacts of newly proposed waste operations at the site.
It will require a meeting for public comment to be conducted by a mediator chosen by the state.
(Pueblo Chieftain May 8, 2003)
On June 3, 2003, Governor Bill Owens signed the bill. (Cañon City Daily Record June 5, 2003)
> View (PDF format) or Download (WordPerfect format) Bill HB03-1358
On Jan. 3, 2003, the U.S. Environmental Protection Agency notified Cotter Corporation of the unacceptability of waste shipments to the Cañon City uranium mill site. This is in contradiction to the suspension release issued by the State on Jan. 2, 2003.
> Download EPA letter (Jan. 3, 2003) (PDF)
On Jan. 2, 2003, the State lifted the suspension it imposed this summer on the mill's authorization to accept radioactive waste.
(Denver Post Jan. 4, 2003)
> Download CDPHE suspension release (PDF)
The Colorado state health department has cited the Cotter Uranium Mill in Fremont County for more safety violations on top of the 16 it found last April.
A Nov. 19, 2002, surprise inspection of the Cotter uranium mill resulted on Dec. 12 in notice of two violations and three areas of concern from the state health department.
The violations involve the condition of the mill's process tanks and drums containing radioactive contents and improper or inadequate labeling of drums with radioactive material.
The areas of concern address air pollution violations, the reduced water level in the impoundments and the unnecessary labeling of wooden crates.
(Cañon City Daily Record, Denver Post, 1 Jan 2003)
The Colorado Department of Public Health will allow Cotter Corp. to conduct limited processing to demonstrate whether new safety procedures are acceptable at the uranium mill.
The health department announced on Sep. 13, 2002, that Cotter will be permitted to process 1,500 cubic yards [1150 m3] of uranium material from Cotter's Schwartzwalder Mine near Golden, and 825 cubic yards [630 m3] of calcium fluoride from the Metropolis facility in Illinois.
Cotter remains barred from receiving any other shipments for processing pending the Tuesday deadline for public comment on worker safety issues and a review of those comments by the state health department. Cotter was directed to suspend processing July 9, 2002.
(Pueblo Chieftain Sep 14, 2002)
> View CDPHE release Sep 13, 2002
Public comment is being accepted by the Colorado Department of Public Health in connection with worker safety problems at Cotter Corp's Cañon City uranium mill.
The health department announced on Aug. 29, 2002, it will accept public comment Sept. 3 - Sept. 24, 2002. Written comments will be considered by the department before it makes a final decision on whether to allow the plant to again receive outside materials for processing.
Cotter officials hope to receive radioactive materials from Li Tungsten, N.Y., and the Maywood, N.J., cleanup sites in order to make ends meet while it works to finalize plans to process zirconium ore, which is relatively low in radioactivity.
(Pueblo Chieftain Aug 30, 2002)
> View CDPHE release Aug 29, 2002
The state health department has extended a public comment period on worker-safety issues associated with Cotter Corp. uranium mill. The comment period was extended through Oct. 2, 2002.
(Pueblo Chieftain Sep 25, 2002)
> See also: CDPHE release Sep. 24, 2002
The Cotter Corp. uranium mill has been barred by the Colorado state health department from receiving any radioactive materials until the company addresses unresolved issues relating to worker protection.
In a letter written on July 9, 2002, Jake Jacobi, program manager for the Colorado Department of Public Heath's laboratory and radiation services division, notified Cotter that "many of the items identified in the department's April notice of violation are still not resolved."
"The department is especially concerned about unresolved issues relating to the doses to radiation workers - dose calculations, bioassay and respiratory protection. Ensuring worker protection is of paramount importance to the department," Jacobi wrote.
Although he recognized that progress has been made as Cotter and state health officials meet to resolve issues, Jacobi said, in the interest of worker safety, Cotter will suspend future receipt of radioactive materials for processing or for disposal. The only exceptions are materials already en route to the mill or materials meant for lab testing. (Pueblo Chieftain July 13, 2002)
A state inspection of the Cotter Corporation showed 16 violations of state regulations, according to a report prepared April 23, 2002, by the Colorado Department of Public Health and Environment.
Four of the violations, covering airborne radioactivity, a failure to implement a program to keep radioactivity doses as low as possible, unacceptable soluble uranium intake, and lack of action when a urine test showed a higher-than acceptable level of uranium, were repeat violations, the report said.
Cotter, which processes uranium in a mill five miles south of Cañon City, has 30 days to remedy the violations, or face fines of up to $21,850.
"The number and type of violations identified in this inspection indicate a serious and substantial breakdown in the management oversight of this facility," the report stated.
"This Department is especially concerned that Cotter has failed to address radiation safety issues that have been identified by Cotter's internal review . . . by an independent auditor and by the Department. Further, Cotter often does not submit required documents on schedule," the report charged.
(Cañon City Daily Record May 10, 2002)
Cotter quits fight for disposal of Maywood waste
The state's only uranium mill, run by Cotter Corp., has decided against efforts to dispose of out-of-state radioactive material and instead is deciding whether it is feasible to refurbish and reopen the mill.
(The Pueblo Chieftain March 1, 2008)
Federal Judge upholds Colorado state ruling to deny Cotter's Cañon City mill bid to import waste for direct disposal
On Nov. 30, 2007, a Denver District Court judge ruled that the Colorado Department of Public Health and Environment was within its rights to deny a permit to Cotter Corp. to dispose of radioactive soil at its Cañon City-area plant. Judge Christina Habas ruled also that the state and a citizens group that were the target of the lawsuit could collect legal costs from the corporation.
(Colorado Springs Gazette Nov. 30, 2007)
> Download Court Opinion: Denver District Court · CDPHE
On Feb. 2, 2007, Cotter Corp. had filed a lawsuit in U.S. District Court in Denver seeking to overturn a ban on receiving waste soils from New Jersey.
The state health department issued the decision barring the company from receiving Maywood, N.J. waste soils.
(Pueblo Chieftain Feb. 21, 2006)
Judge upholds Colorado state ruling to deny Cotter's Cañon City mill bid to import waste for direct disposal
On April 4, 2006, an administrative law judge upheld the state health department's decision to bar Cotter Corp. from accepting radioactive material for direct disposal at its Lincoln Park uranium mill.
Judge Richard Dana, a Denver-based judicial arbiter, released his ruling on licensing issues for Cotter Corp. after considering evidence presented during a week-long hearing in September 2005. Cotter Corp. requested the hearing to protest proposed revisions to its license which were outlined by state health officials.
Most notably, Cotter Corp. wanted to be able to accept hazardous waste - such as 470,000 tons of waste soils from the Maywood, N.J., Superfund site - for direct disposal without first processing the material.
(Pueblo Chieftain April 5, 2006)
Judge rejects Cotter appeal - Company denied right to dispose of 24,000 tons of Maywood soils
The Cotter Corp. has been denied the right to dispose of 24,000 tons of thorium-laced radioactive waste from Maywood, N.J., as a result of a legal decision issued on March 9, 2005. The waste was subject to a special adjudicatory hearing after the company appealed a July 9, 2004, decision by the Colorado Department of Public Health and Environment denying importation and disposal.
The company has 30 days to file exceptions to judge Richard W. Dana's decision.
(Cañon City Daily Record Mar 11, 2005)
> Download Richard W. Dana's decision, March 9, 2005 (PDF)
State denies Cotter request to accept Maywood waste for disposal
On July 9, 2004, the Colorado Department of Public Health and Environment denied the Cotter Uranium Mill's request for state permission to accept the first allotment of radioactive-contaminated soils from a New Jersey Superfund site and to dispose of the waste at its plant two-and-a-half-miles south of Cañon City. This allotment was to have been composed of up to 24,000 cubic yards [18,350 cubic meters] of soils, contaminated with thorium from production of lantern components, which have been removed from properties that are part of the Maywood Chemical Superfund Site in New Jersey.
According to the department, "the company's procedures necessary to ensure the safe and compliant handling of the materials are not adequate. Also, it is unclear how much space is left in the company impoundment to accept all the plant's building rubble and contaminated soils when the mill is finally decommissioned."
> View CDPHE release July 9, 2004
Court orders State Health Department to act on Cotter's application for disposal of contaminated soil
A judge in Denver has ordered the state health department to act on Cotter Corp.'s application to dispose of 470,000 tons of low-radioactive waste soils from Maywood, N.J. District Judge Herbert Stern issued his ruling on June 29, 2004, giving state officials 10 days to act on Cotter's application, which has been pending for more than two years, according to John Watson, attorney for Cotter Corp.
(The Pueblo Chieftain June 30, 2004)
State defers decision on acceptability of Maywood soils at Cotter mill by one year
On Dec. 19, 2003, the Colorado Department of Public Health and Environment announced it "has concluded that the Cotter Corp. proposal to accept contaminated soils from the Maywood, New Jersey, Superfund site should be considered as part of the department's overall evaluation of Cotter's license renewal request." A draft version of the license renewal is expected to be available for public review and comment late in 2004. So, a decision will be deferred by one year, at least.
> View CDPHE release Dec. 19, 2003
State Health Department seeks additional public comment on Maywood soils Environmental Assessment Report
The Colorado Department of Public Health and Environment is seeking additional public comment on the environmental assessment submitted by Cotter Corporation in connection with the company’s request for authority to receive 470,000 tons of contaminated soils from a Maywood, New Jersey, Superfund site for disposal at its Cañon City milling facility.
Comments were accepted through March 31, 2003.
> View CDPHE press release March 7, 2003 (PDF)
State rejects application for waste shipments to Cañon City uranium mill
On Oct. 15, 2002, the Colorado Department of Public Health and Environment rejected the Cotter Corporation's application to ship New Jersey
Superfund waste to the company's Cañon City plant for disposal, pending
submission and approval of a more comprehensive environmental
assessment.
Douglas H. Benevento, the Department of Public Health and Environment's
acting executive director and its director of environmental programs, said the
decision was made, not on the specifications of the material, but on the
inadequacy of the environmental assessment the company was required to
submit as part of its application to receive the waste.
> View CDPHE release Oct 15, 2002
Testing indicates Maywood soils safe for disposal at Cañon City mill
An independent environmental test relating to the proposed disposal of 470,000 tons of Maywood, N.J., Superfund site waste soils at the Cotter Corp. uranium mill found no significant risk to Fremont County.
Sandra Attebery and Tom Grethel of AG Engineering of Cañon City did that review on behalf of the Fremont County commission and concluded: "The Maywood soil material poses no significant risk for Fremont County. The radiation levels are insignificant as compared to background and natural radiation."
(The Pueblo Chieftain June 21, 2002)
NRC confirms Maywood FUSRAP soil is classified 11e.(2) byproduct material
On May 28, 2002, the Nuclear Regulatory Commission (NRC) decided that all of the contaminated soil at the Maywood FUSRAP site is classified as Atomic Energy Act section 11e.(2) byproduct material. In consequence, the material can only be deposited at sites holding a license for (uranium) mill tailings disposal, but not at sites licensed for low-level radioactive waste disposal.
> Download NRC COMSECY-02-0022, April 26, 2002 (PDF), and related Staff Requirements Memorandum NRC SRM May 28, 2002 (PDF)
Residents rip Cotter over planned waste transport to Cañon City mill
In two emotionally charged public meetings on May 9, 2002, opponents of both Maywood soil shipments and Cotter Corp. lined up to send a message that neither Cotter nor radioactive materials are welcome in Fremont County.
"The message we got was 'We want you shut down and out of here,"' said Pat Mutz, general manager for the Cotter uranium mill.
Only a few of the 75 to 80 people who spoke at the two meetings were in support of the proposal to bring low-level radioactive material from New Jersey as intermediate cover for the uranium mill tailings. Officials estimated there were 250 people at the 2 p.m. meeting and 175 at the evening meeting.
(Canon City Daily Record May 11, 2002)
Waste shipment diverted to Utah disposal site
A first shipment of 30,000 tons (27,216 metric tonnes) of contamined material from Maywood, New Jersey, originally destined for the Cañon City mill site was diverted to the Envirocare of Utah Corp. radioactive waste disposal facility in Clive, Utah. Given the new legal situation in Colorado, the diversion was selected in order to continue the decontamination of the Maywood site. (Pueblo Chieftain April 12, 2002)
Governor signs bill requiring public involvement
On April 5, 2002, Gov. Bill Owens signed bill HB02-1408. It would require that companies planning to store radioactive waste hold two public hearings, at their expense, and gather and disclose information on potential environmental and economic effects of their plans.
House Bill HB02-1408, CONCERNING ADDITIONAL REQUIREMENTS FOR SHIPMENTS OF CERTAIN TYPES OF RADIOACTIVE WASTE FOR DISPOSAL INSIDE COLORADO
> Download full text from Colorado General Assembly site
Cañon Council opposes Cotter's waste contract
On March 18, 2002, the Cañon City Council passed a resolution urging the delay of transport of 470,000 tons of radioactive material from the Maywood, N.J., Superfund site to Cotter Corp. Uranium Mill. The city has no direct regulatory power over Cotter Corp. or the transportation corridors between New Jersey and the Cotter mill, however.
(The Pueblo Chieftain March 20, 2002)
Governor halts radioactive soil shipment to Cotter mill
On March 14, 2002, Gov. Bill Owens' administration put a hold on proposed shipments of New Jersey radioactive material to the Cotter Corp. Uranium Mill near Cañon City until the issue is investigated.
(The Pueblo Chieftain March 15, 2002)
Fremont commissioners seek delay in shipment of New Jersey waste
Fremont County commissioners will ask for a delay in shipments of radioactive soil from New Jersey to the Cotter Corp Uranium Mill. The commission on March 12, 2002, heard from members of the newly formed Colorado Citizens Against ToxicWaste (CCAT) group that opposes letting the community "become a national nuclear waste dump".
(The Pueblo Chieftain March 13, 2002)
Cotter Corp. plans disposal of Maywood, N.J. material in Cañon City tailings impoundment
Cotter Corp. has been designated to receive more than 450,000 short tons (408,000 t) of radioactive soil from the Maywood, New Jersey, Superfund site . The soil is contaminated with thorium tailings from the cleanup of 20 commercial properties. According to Cotter, the Maywood soils are five to 10 times less radioactive than the processed uranium ore already on the site. The waste, which would be delivered by rail car, would be used as cover material inside approved uranium disposal pits built in 1979.
Cotter Corp. is also hoping to take up to 47,000 short tons (43,000 t) of radioactive tungsten tailings from a Long Island Superfund site.
(Denver Post Feb. 27, 2002)
> See also:
EPA Region 2: Maywood Chemical Co Superfund site
EPA halts soil cleanup
On Jan. 3, 2002, the Environmental Protection Agency (EPA) announced it plans to halt the cleanup of soil contaminated by uranium and molybdenum at Cotter Corp.'s uranium mill site near Cañon City, saying the soil is "no longer a threat." The decision cannot take effect until after a 30-day public comment period. (Rocky Mountain News Jan. 4, 2002)
> See also: EPA Region 8 News Release: Lincoln Park Superfund Site Record of Decision (Jan. 3, 2002)
Twenty-six property owners near the Cotter Corp. uranium mill in Cañon City will share more than $41 million and seven other people will receive medical monitoring under a federal court judgment entered Nov. 20, 2001 by Denver U.S. District Judge Zita Wienshienk. The plaintiffs contended uranium from the Cotter mill contaminated their neighborhood and damaged their health.
Cotter is expected to appeal the judgment to the 10th U.S. Circuit Court of Appeals, where another multimillion-dollar judgment in a similar civil suit also is pending.
(Rocky Mountain News Nov. 22, 2001)
On April 22, 2003, the Tenth Circuit Court of Appeals overturned the jury award won in 2001 by residents allegedly sickened by radiation near the Cotter uranium mill in Cañon City. A three-judge panel ruled that a lower court failed to assure expert testimony in the case was relevant and reliable. The panel also said evidence supporting and opposing the experts' reliability was improperly limited. The district court was ordered to schedule a new trial for the claims against Cotter Corp. on allegations of negligence and trespass. (AP April 23, 2003)
United States Tenth Circuit Court of Appeals: No. 01-1197 - Dodge v. Cotter Corporation (April 22, 2003)
On Aug. 25, 2003, the plaintiffs filed a Petition for Writ of Certiorari with the U.S. Supreme Court (asking to review the decision of the lower court).
On Nov. 10, 2003, the U.S. Supreme Court declined to review the case and sent it back to federal district court for trial. (AP Nov. 13, 2003)
U.S. Supreme Court: Docket 03-332 - Dodge, Joseph, et al. v. Cotter Corporation
$16 million awarded to Cañon City uranium mill residents
On June 28, 2001, a federal jury ordered Cotter Corp. to pay $16.3 million to 32 people who suffered radiation poisoning and other ailments while living near its uranium mill outside Cañon City. The amount does not include interest or future medical costs awarded to 30 of the plaintiffs who first filed suit against the Cotter Corp. in 1991. Attorney Rebecca Lorenz said the total will exceed $30 million. Three of the plaintiffs have died in the decade since the suit was filed.
Cotter's lead attorney said the case will be appealed at the 10th Circuit Court of Appeals. (Denver Post June 29, 2001)
Lynn Boughton, former chemicist at the Cotter Corp. Cañon City uranium mill, finally received cancer compensation for the intestine cancer he contracted after having worked in the uranium industry for 20 years. Although uranium concentrations 700 times the normal level had been found in his intestine, Cotter Corp. and Pinnacol Assurance, the Colorado workers compensation insuror, dismissed the claims his illness were work-related.
For 21 years, 70-year-old Boughton has fought Cotter and Pinnacol to obtain his disability benefits. Pinnacol refused to pay Boughton's benefits despite orders from an administrative law judge and the state industrial claims appeals panel. Pinnacol appealed those rulings to the Colorado Court of Appeals, where it lost in November 1999. Pinnacol and Cotter had argued that no causal relationship could be established between Boughton's cancer and his years of exposure to radioactive uranium dust in the Cotter mill. But Boughton provided testimony by a nuclear physicist and a medical doctor linking his illness to uranium exposure, the court of appeals affirmed.
Following the ruling, Administrative Law Judge Judge Cullen Wheelock on April 18, 2000, ordered Pinnacol to pay Boughton $427,148.65 in disability benefits and interest dating back to 1979, when his illness forced him to leave his job. (Denver Rocky Mountain News, May 22&23, 2000)
General Atomics has acquired Cotter Corp from Commonwealth Edison Company (Nuclear Fuel, March 6, 2000)
General Atomics (GA) is to buy Cotter Corp from Commonwealth Edison. Reports speculate that GA plans to compete in the processing of 'alternate feed material' from the cleanup of government sites, and Cotter's Cañon City mill in Colorado would enable it to do that. Cotter is reported to have a uranium stockpile at the mill that could yield at least 800 000 lb U3O8 (308 tU). (UI News Briefing Feb. 16, 2000)
Federal jury says uranium mill caused illness
On July 15, 1998, a federal jury awarded $2.9 million to 14 residents of Lincoln Park
who were contaminated by Cotter Corp.'s Cañon City uranium mill during the
1970s and '80s.
The mill was in operation from 1958 to 1987. Liquid wastes containing radionuclides and heavy metals were discharged from 1958 to 1978 into eleven unlined tailings ponds. The ponds were
replaced in 1982 with the construction of two lined impoundments. Prior to 1982, a number of Lincoln Park wells showed elevated levels of contamination.
Witnesses testified during the trial, how pollution, mostly dusty powder from the mill contaminated the residents' groundwater, vegetable gardens, lawns, and homes. Pollutants included uranium, molybdenum, arsenic, and other heavy metals.
The residents have suffered a variety of illnesses, cancer and arthritis.
One woman, a nonsmoker, died of lung cancer. Handicapped rodeo rider Jack
Hadley has a condition known as multiple exotosis, or abnormal bony growths
throughout the body. One expert testified that Hadley's multiple exotosis was
caused by his mother's exposure to molybdenum while pregnant.
(Denver Post July 17, 1998, Business Wire July 17, 1998 )
An analysis of cancer statistics for the Lincoln Park neighborhood near Cañon City had found no statistically increased rate of cancer incidence. The study examined data collected by the State Health Department's Colorado Central Cancer Registry from 1979 through 1995.
> View CDPHE News Release May 1, 1998
On Feb. 11, 2000, the 10th Circuit Court of Appeals reversed the District Court's decision and remanded the case for a new trial. (No. 99-1178 )
General Atomics (GA) is to buy Cotter Corp from Commonwealth Edison. Reports speculate that GA plans to compete in the processing of 'alternate feed material' from the cleanup of government sites, and Cotter's Cañon City mill in Colorado would enable it to do that. Cotter is reported to have a uranium stockpile at the mill that could yield at least 800 000 lb U3O8 (308 tU). (UI News Briefing Feb. 16, 2000)
On March 31, 1999, the Colorado Department of Public Health and Environment accepted Cotter Corp's Readiness Report for resumption of operations of its Cañon City mill, which was on standby since 1985. (CDPHE News Release March 31, 1999 )
The Cañon City mill, on
standby since 1987, is to be restarted, according to Cotter Corp officials. Production is expected to resume within the next eighteen months after the company completes an estimated US$1.5 million refurbishing project on the mill that will improve processing and waste handling [UI News Briefing 96/38].