Environmental Contaminants Cleanup of Hazardous Waste
Southeast New Mexico Potash Mines (Pecos River)
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Potash mining in Southeastern New Mexico is big business. And its also creating some big messes that have fallen
through the cracks of the current regulatory system. Potash mining (potash is largely used as the potassium component
in fertilizer) is exempt from most State regulatory programs, and the super-salty water it discharges to isolated
wetlands and dry basins is no longer covered under the Clean Water Act. These salty wetlands have resulted in the
death of hundreds of migratory birds over the past several years. But thanks to the extraordinary efforts of local
Fish and Wildlife Law Enforcement Special Agents and Environmental Contaminants Program staff at the New Mexico
Ecological Services Field Office (NMESFO), birds and other wildlife will be better protected as required under the
Migratory Bird Treaty Act (MBTA). With help from the New Mexico U.S. Attorney’s Office and the Department of Justice,
an agreement has been finalized with IMC Potash, Inc. that lays out specific procedures the mine must implement to
prevent further bird deaths. This settlement also includes a substantial MBTA restitution award. The sum of $50,000
will be used towards research on bird protection methodologies applicable to the Desert Southwest, and another $125,000
for wetland and riparian habitat enhancement projects in and near the Pecos River watershed. Typically, MBTA violations
are settled via a fine of $10,000 or less, and that money does not directly help the resources impacted. This settlement
with the IMC Potash Corporation is a great success, and is a great example of a positive outcome for both the mine and
the resources. Similar settlements are in progress with other Potash and mining companies in Southeast New Mexico.
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