Although the Bay Harbor development on the shores of Little Traverse Bay at Petoskey has been hailed as a model of environmental reclamation, the estimated 2.5 million cubic yards of cement kiln dust (CKD) waste left behind by former Penn-Dixie cement plant operations continue to degrade water quality of Little Traverse Bay.

During the mid-1990s, developers entered into negotiations with the state and secured an agreement that essentially allowed development of the area to proceed without comprehensively addressing the negative environmental impacts of CKD piles.

Water that comes into contact with CKD is hazardous to aquatic and human life. Recent tests conducted by DEQ staff on CKD leachate entering Little Traverse Bay in Bay Harbor show pH levels in excess of 13, which is higher than bleach! Leachate from CKD piles often contains elevated levels of mercury, arsenic, cadmium, lead, zinc and more. Mercury levels, tested by DEQ in September, were found to be at 300 nanograms per liter (ng/l), 230 times greater than the surface water quality standard. Total dissolved solids of 30,000 mg/l also exceeded the state standard of 750 mg/l. Not surprisingly, acute toxicity tests using fish and daphnia resulted in 100% fatality.

The mountains of noxious kiln dust at Bay Harbor were distributed over 280 acres and capped with limestone boulders and a foot of dirt. Dirt will not prevent rainwater or irrigation water from the golf course built over the pile from seeping through the CKD and into the groundwater. Proper encapsulation would have involved placing an impermeable layer, such as two feet of compacted clay or a HDPE (high density polyethylene) liner, over the CKD pile to minimize infiltration.

A CKD seepage collection and treatment system was constructed by CMS Energy Company, but due to complications from an inadequate pretreatment process, the pumps were turned off on January 2, 2004, and the contaminate seepage water began to drain directly into the Little Traverse Bay. The flow continued unabated until DEQ staff spotted the problem in August. Tests conducted in the seepage area found highly alkaline waters extending 1,000 feet along the Lake Michigan shoreline and up to 100 feet out into the water.

A notice of non-compliance was sent by DEQ to responsible parties on September 3, 2004, requiring seepage pumping and treatment be restarted immediately and the development of a remediation plan within 30 days. Pipes were unblocked and seepage water treatment was restarted, but blockage occurred again shortly after. DEQ is advocating system improvements that would collect all seepage water, consistently lower pH, and adequately reduce the amount of dissolved solids, mercury and other contaminants.

Tip of the Mitt Watershed Council is thoroughly investigating this issue and advocating with all parties to ensure the best long-term solution for the health of the Bay.