Asphalt Emulsion Spill – Public Meeting and Updated Information
NMED’s Surface Water Quality Bureau is overseeing cleanup of the spill site where approximately 2,000 gallons of asphalt emulsion were released into Jaybird Canyon on Monday, Sept. 26, after a truck owned by R. Marley, LLC overturned on State Highway 15 in the Gila National Forest. Because the spill occurred in the Gila National Forest, NMED is coordinating efforts with the USFS.
The New Mexico Environment Department (NMED), the U.S. Forest Service (USFS), and the U.S. Environmental Protection Agency (EPA) held a community meeting on Thursday, Nov. 3, 2022 in Silver City.
NMED gave an update on the status of the spill cleanup and next steps for restoration of the drainage. The agency believes that approximately 95% of the asphalt material has been cleaned up. However, NMED has not confirmed the extent of the contamination. Booms will remain in place to catch additional asphalt material as long as the creek is still flowing. Restoration work in Jaybird Canyon will be carried out in spring/summer 2023. Enforcement action and fine(s) against R. Marley Trucking for noncompliance with the New Mexico Water Quality Act could come as early as the end of the year pending results of the agency’s investigations.
GRIP, Upper Gila Watershed Alliance, Heart of the Gila and Center for Biological Diversity have sent letters to state agencies and the US Forest Service demanding answers to investigations into and accountability for the spill. We have also submitted our recommendations for additional sampling and analysis and restoration of the drainage. We will continue to advocate for public transparency, a rigorous cleanup, and bringing the watershed back to full ecological integrity.
Accident Information
State Police Report on R. Marley accident
Materials from NM Environment Department
Public Meeting Presentation – forthcoming
NMED Press Release – NMED Issues Notice of Noncompliance
NMED Press Release – NMED provides update on asphalt emulsion spill near Pinos Altos
NMED Press Release – NMED responding to spill from overturned truck near Pinos Altos
Grant County Conservation Group Letters to Agencies
Letter to NMDOT; Response from NMDOT
Letter to US Forest Service; Response from US Forest Service
Press Release from Grant County Conservation Groups
Guest Column to Silver City Daily Press
Conservation Groups’ Survey of Jaybird Canyon and Meadow Creek (track and photos)
GRIP and its partners have submitted Inspection of Public Records Act (IPRA) requests to obtain additional information on the accident and spill. We will post that information here once available.
R. Marley Trucking Information
Written Report 20.6.2.1203.A(6) NMAC State Highway 15 Asphalt Emulsion Spill