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CSPA asks SWRCB to vacate Regional Board's waste discharge permit for the Soper Company's Spanish Mine, a toxic heavy metal polluter

September 17, 2008 -- In a recent letter to the State Water Resources Control Board, CSPA's Executive Director, Bill Jennings, requested that the board vacate the Regional Boards waste permit for the Soper Company's Spanish Mine.

Soper-Wheeler Co. has been a part of the California forest management scene since early in the 20th Century when the Soper and Wheeler families shifted their activities from Wisconsin and Pennsylvania to the West Coast. Soper-Wheeler Co. now operates in the counties of Butte, Humboldt, Mendocino, Nevada, Plumas, Santa Cruz, Sierra, Sonoma, and Yuba where it manages 97,000 acres of forest land.

By the year 2010 Soper-Wheeler Co. will produce enough lumber for 3800 homes per year. If considered in terms of paper and other forest products that production would be enough to meet the needs of 80,000 people per year or if converted to energy that would be enough to heat 15,000 homes per year every year forever.

The company acquired Spanish Mine as part of a purchase of land for growing forest products. The mine had not been in operation for some time. While the mine was categorized as "abandoned" by the Regional Board's permit, CSPA holds that since the Soper Company now owns the mine, that they are the owners and responsible party.

A number of excuses were cited in the Regional Board's decision to allow excessive discharge from the facility including a lack of power at the mine site. However, CSPA pointed out that, "Some may find the argument interesting that sources of power are always available to conduct industrial activities, but power is an obstacle that cannot be overcome to achieve compliance with environmental regulations."

The mine is a source of heavy metal pollutants including, copper, zinc, cadmium, lead, nickel, cobalt, iron, and manganese. These heavy metals empty into Poorman Creek and where CSPA contends there is an insufficient mixing zone to safely disburse these fish killing metals.

CSPA requests that the State Board either vacate and remand the current order to the Regional Board with instructions prepare and circulate a new tentative order that comports with regulatory requirements. Or, alternatively; prepare, circulate and issue a new order that is protective of identified beneficial uses and comports with regulatory requirements.

CSPA's Petition for Review