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The Little Traverse Bay Cement Kiln Dust (CKD) site is located along a 5-mile stretch of the Little Traverse Bay shoreline of Lake Michigan, in an area previously utilized for limestone mining and cement manufacturing operations. Historical records indicate that the Penn-Dixie Company conducted cement manufacturing at the site from approximately 1870 through 1980. CKD is a by-product of the cement manufacturing process, comprised of dehydrated clay, decarbonated limestone, ash, and clinker material (raw material that is ground with gypsum to make cement). CKD is a fine, dry alkaline dust that may contain metal concentrations above that of the area’s native soil. Surface or groundwater contact with CKD can produce runoff with a pH that exceeds the federal standard for the corrosivity characteristic for hazardous waste (pH above 12.5 s.u.) and contains elevated levels of dissolved metals listed in 40 Code of Federal Regulations (CFR) Appendix VIII - Hazardous Constituents.
CKD material was consolidated on the site in large stockpiles from approximately 1921 through 1980. Cement manufacturing at the site ceased in 1980 when the Penn-Dixie Company filed for bankruptcy. The Dundee Cement Company, which later became part of Holnam Inc., purchased the site in 1981. These companies used the site as a docking and distribution facility and did not manufacture cement at the site. In 1989, portions of the site were sold to Bay Resorts Properties Limited Partnership (Bay Resorts). During the 1990s, the remaining parcels of land still owned by Holnam Inc. were sold to Bay Resorts.
Several large CKD piles were located across the site, as well as piles of mining overburden, unfilled quarries, and abandoned buildings. On July 11, 1994, an Administrative Agreement and Covenant Not to Sue (AACNS) was signed by Bay Resorts, its signatories (CMS Land Company, Boyne USA, Inc., JAKS, Inc., and CMS Capital Corp.) and the State of Michigan Department of Natural Resources (currently the Michigan Department of Environmental Quality [MDEQ]). The AACNS defined the closure activities that would be conducted, including contouring and capping of CKD piles, removal of debris, and engineering/stormwater controls to manage surface water and groundwater seeps.
In July of 1994, development activities were initiated for the multi-use development (including residential homes, commercial properties, and a 27 hole golf course) that currently occupies the site. During the construction activities, semi-annual progress reports were completed to document the contouring and consolidation of the CKD piles. Additionally, a hydrogeologic investigation was completed in 1995. Twenty-one test pits, eight soil borings, and five monitoring wells were installed as a part of this investigation. Groundwater sampling that was conducted as a part of this investigation identified a portion of the site with CKD-impacted groundwater. A 1,200-foot drain system was installed to intercept CKD-impacted groundwater as it traveled towards Lake Michigan. This system was installed in October of 1995 and was operated up to January 2004, when the City of Petoskey wastewater treatment plant stopped accepting the treated leachate from the site. In August of 2004, reddish-brown seeps were observed along the Little Traverse Bay shoreline, prompting the MDEQ to conduct investigations of the seeps.
MDEQ investigations in August and September of 2004 documented seep pools along the shoreline with pH readings above 12 s.u. Within the surface water of the Little Traverse Bay, pH readings consistently measured above the State of Michigan Water Quality Standard of 9.0 s.u. The Little Traverse Bay Bands of the Odawa Indians requested assistance from the U.S. EPA Emergency Response Branch. U.S. EPA conducted several site investigations in September and November of 2004 and March of 2005. Elevated pH levels (above 9.0 s.u.) were documented along the Little Traverse Bay shoreline, within Lake Michigan surface water, and within streams entering Lake Michigan. Analytical samples also indicated that metal concentrations in the seep pools were above the State of Michigan Water Quality Standards.
Currently, four CKD piles have been identified and targeted for further investigation. Three CKD piles, known as the West CKD Area and the Seep 1 and Seep 2 CKD Areas, are located within the golf course portion of the site. The fourth CKD pile, known as the East CKD Area, is located at the East Park. East Park was transferred from Bay Harbor Resorts to Emmet County in December of 1995 for development of parkland.
On February 22, 2005, CMS Land Company and CMS Capital, LLC collectively known as CMS) entered into an Administrative Order on Consent for Removal Action (Docket No. VW-050C-810) to carry out a time critical removal action to address the threats to human health and the environment. The Administrative Order (Order) requires CMS to conduct activities to recover high-pH leachate entering lakeshore areas and discharging into Lake Michigan, conduct investigative activities to fully identify areas that may be impacted by CKD leachate, and to design and construct long-term engineering controls to abate the threat of leachate releases to lakeshore areas and surface waters. Among other requirements, the Order states that CMS must provide security and restrict access to areas impacted by CKD leachate, continue interim recovery activities until a long-term engineering controls are in place and have been shown to be effective, and submit a work plan to the U.S. EPA detailing all work to be performed.
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