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FILLMORE COUNTY JOURNAL
SAND
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cessing mined materials is listed under Prohibited Activity. Steve Beach, a geologist and manager of Milestone Materials (a division of Mathy Construction), insisted that the Minnesota Pollution Control Agency (MPCA) governs the use of flocculants. Presently, Mathy is not using them in Fillmore County. He explained that polyacrylamide is a polymer, a dry granular product which is injected with the final washwater. The fine clay particles cling to the flocculant, allowing them to be handled with manual mining equipment. Tara Wetzel, manager of environmental operations at Mathy, noted she has contributed to the drafting of other ordinances. She explained that the MPCA would need to issue a permit to do washing and the agency would need to approve the use of a flocculant. Wetzel noted that polyacrylamide is used as a cleaning agent in the treatment of drinking water; it is also used as a soil conditioner for erosion control. Wetzel said they have monitored air quality for silica since
Monday, August 20, 2012
1997, and that in the mine sites located in the upper Midwest silica is not a problem for employees. Currently, there is no standard for silica in the air. Wetzel suggested a separation would be helpful between “industrial sand” which has a high purity of silica and “construction aggregate” which is sand, gravel or crushed stone used for local construction projects. She admitted that the mining techniques could be similar, but there are differences in the processing of the product. Discussion on Flocculants Committee member David Williams argued that it would be best to outright ban the use of flocculants, as some are toxic. He added that the ban could be a deterrent for establishing large scale mining. Wetzel agreed that a blanket approval of flocculants would not be a good idea. However, in the processing of aggregate, flocculants are sometime necessary. She insisted that polyaccrilamite is an “inert” substance. She noted that acrylamide, which is unpolymerized, is the chemical of concern. Rita Leduc said the subunits that form the polymer are very toxic. She insisted there
Mathy Construction representatives discuss language for the proposed ordinance changes. Milestone Materials geologist Ron Garrison, Mathy environment engineer Tara Wetzel, and Milestone Materials manager Steve Beach. Committee member Brad Erickson is in the background. Photo by Karen Reisner
is always some acrylamide (a neurotoxin) in the final product. Leduc said there are ongoing toxicity studies of water supplies. She noted that polyacrylamide is also used by some sewage treatment plants. Wetzel remarked that the Environmental Protection Agency (EPA) has zero tolerance for acrylamide in drinking water. Williams remarked that state agencies are weak on enforcement, saying it is the role of the local government for tough enforcement. Wetzel disagreed. Paul Leduc worried that we could be “putting the water supply at grave risk.” County Attorney Brett Corson said there is a consensus of the committee to avoid large industrial operations. He added that the county does not have the expertise to monitor the use of chemicals. He questioned whether the county can rely on the MPCA. Wetzel maintained there are chemicals that the MPCA would ban for use as a flocculant. Commissioner Duane Bakke commented that we are not sure what is being used today; water only, or if flocculants are being used. Wetzel suggested they write into the ordinance that if an operation wants to use chemicals, they must be approved by the MPCA. Beach warned that if flocculants are banned, it may be necessary to import some aggregate materials for construction. County Engineer John Grindeland noted that the use of flocculants in the washing process allows the recycling of the water for processing, using less water. Wetzel admitted that the test for polyaccrilamite is expensive and unreliable. She insisted that the ponds were self sealing, wouldn’t contaminate the water supply, and allow the reuse of the water. Wetzel said the accumulation on the bottom of the ponds had been tested with no difference between that sample and a control sample. Beach opined that it is important not to put regulations into the ordinance that will shut down crushing operations. He said water appropriation is already governed by the MPCA. Beach also was concerned about the potential size limitation of 80 acres. He insisted a permit can be canceled if an operator is not doing a good job. Bakke
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The Official Legal Newspaper for Fillmore County said a size limitation will help keep out the large industrial operations. Roads Since the last meeting, Zoning Administrator Chris Graves, Engineer John Grindeland, and Attorney Brett Corson met and discussed bonding issues and other options to pay for possible damages to the roads. The two issues were how to collect funds and how to prove damage. Their suggestion was for a bond requirement of $150,000 per mile on blacktop roads that are on a designated haul route and $25,000 per mile on gravel roads that are on a designated haul route. Grindeland explained if the trucks hauling the sand were within legal limits they should cause no more damage to the roads than anything else, but the volume would make the difference. Grindeland said it will cost at least $1 million to construct one mile of county road. He noted that the county does a video log of the roads every four years and it is scheduled to be done in 2013. Logs were made in 2005 and 2009. The state also does a traffic count in the same years. Grindeland described a Falling Weight Deflectometer (FWD) strength test that could be done on a road to be used on a sand transport route to establish a baseline on an annual basis. Both lanes could be tested to demonstrate the difference between loaded and unloaded hauls. He said the road would be tested both where it was
being used on a designated hauling route and where it is not designated for a haul route for the control. Grindeland maintained that this test will show road stress before it can be seen on the surface. Dust control would also be required on gravel roads. Larry Thompson, Reilly Construction, said he didn’t think bonding agencies would be willing to write a bond for road damage. Ron Garrison, geologist with Milestone Materials, noted they had checked with a bonding company and found that they were very hesitant to write that kind of bond. Corson warned that the county has to be careful that they aren’t “arbitrary and capricious” in singling out sand trucks. Bakke maintained the concern with sand trucks is the fact that they will be delivering to a specific location and using a specific route. This is unlike other aggregate hauling which may go to numerous locations. Corson said they would have to have that rationale to defend it in court and the county would have to pay to defend it. Bakke remarked that their ordinances haven’t been challenged in maybe 20 years. Thompson suggested if it is determined what it will cost us for road use, it can be worked into the delivery price. However, he felt the cost should be so much per ton on a road regardless of the cargo. Thompson said the bonding company only guarantees we will pay by See SAND Page 11
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