Dumping Mine Waste in Clean Water
During the Bush administration, EPA and the Army Corps of Engineers created a dangerous loophole that has allowed mining corporations to call pollution “fill material” and therefore bypass pollution standards.
Coming to a lake and stream near you?

- A cover photo from the Twin Citian Magazine. From 1955 to 1980, Reserve Mining dumped tons of waste rock into Lake Superior every day. The court case that ended the pollution set new rules for industry.
Before passage of the Clean Water Act in 1972, mining companies frequently dumped their waste in the nearest lake or river, often with catastrophic consequences for those water bodies, for fish, and for human health.
Congress intended the Clean Water Act to end of the use of lakes, rivers, and streams as waste dumps. Now, after over 35 years of strong pollution control, America’s lakes and streams are again at risk.
Pollution by a new name is still pollution
During the Bush administration, EPA and the Army Corps of Engineers created a dangerous loophole that has allowed mining corporations to call pollution “fill material” and therefore bypass pollution standards.
The Bush administration created a loophole allowing mining corporations to call pollution “fill material” and bypass pollution standards.
The Clean Water Act allowed for the granting of permits to place “fill material” into waters of the United States, provided that the primary purpose of the “filling” was not for waste disposal.
“Fill” is meant to be material used in water bodies for construction purposes, such as the building of a bridge or breakwater.
The Bush administration changes allow mines and other polluters like the Kensington Mine and mountain top removal mines in Appalachia to dump waste into America’s lakes and streams.
Redefining "fill" is one thing. Now, some developers are also trying to make certain lakes not technically lakes.
Learn what else you can do to help protect America's clean water from this additional threat.
The good news is that we can change it back. Both President Obama and Congress have opportunities to restore the original intent of the Clean Water Act and protect our lakes and streams.
Please act now, before the dumping of mine waste comes to a lake or stream near you. Tell President Obama and Congress to change the definition of fill to exclude wastes.
