County asks state to prioritize permit review after railroad discharge into Fraser River

Catherine Morris, Grand County Water Quality Manager, briefed commissioners on county comments to the Colorado Department of Public Health and Environment and the Attorney General's Office regarding Union Pacific's Moffat Tunnel treatment plant. Morris said the county asked the state to consider the railroad's history of noncompliance and to prioritize permit renewal so the county and public can better address apparent operational changes that allow concentrated wastewater to bypass treatment and reach the Fraser River.

Morris said the draft compliance order assessed a $35,000 penalty for the October 2023 bypass; the county had requested a larger penalty and suggested directing supplemental environmental project (SEP) funds to local monitoring programs. "We request that future enforcement action consider the railroad's history of noncompliance so that they stop being so willing to negotiate small fines with them and go ahead and charge the maximum penalty," Morris told the board. She also said the plant's centrifuge supernatant (centrate) is being sent to the river in some operations rather than being reintegrated or injected as in earlier plans.

Morris asked the board to sign a forthcoming letter from the commission to the Division asking for stronger enforcement and expedited permit renewal; commissioners agreed to review the draft when presented.