Full Government Report on Samarco:Vale’s Unauthorized Slimes Depositions a Primary Cause of The Fatal Failure Indictment Finds

In stark contrast to the scene and tone of the public release of the BHP commissioned “Cause of Failure Report ” where Dr. Morgenstern gave the committees version of events poised , elegant in his immaculate suit from a large video screen, the government report released this week begins with a poem speaking to the unspeakable.

“O sertão vai virar mar
É o mar virando lama
Gosto amargo do Rio Doce
De Regência a Mariana

Quantas pessoas sem rumo como canoas sem remos
Ou pescadores sem linha e sem anzóis?
Quantas pessoas sem sorte, quantas pessoas com fome?
Quantas pessoas sem nome, quantas pessoas sem voz?

Morreu debaixo da lama, morreu debaixo do trem?
Ele era filho de alguém, e tinha filho e mulher?
Isso ninguém quer saber, com isso ninguém se importa
Parece que essas pessoas já nascem mortas

Quem olha acima, do alto, ou na TV em segundos
Às vezes vê todo mundo, mas não enxerga ninguém
E não enxerga a nobreza de quem tem pouco, mas ama
De quem defende o que ama e valoriza o que tem”1

O MINISTÉRIO PÚBLICO FEDERAL, por seus Procuradores da República
signatários, no exercício de suas atribuições constitucionais e legais, comparecem,
respeitosamente, perante Vossa Excelência, com base nos procedimentos investigatórios em
epígrafe e com fundamento no art. 129, I, da Constituição Federal, para oferecer DENÚNCIA
1 Cacimba”

The bumps and squiggles of the Bing translation soften its deep grieving somewhat

The backcountry will turn sea
Is the sea turning into mud
Bitter taste of Rio Doce
Regency Mariana
How many people aimless as canoes without oars
Or fishermen without line and without hooks?
How many people no luck, how many people hungry?
How many people without name, how many people without a voice?
Dead under the mud, died under the train?
He was the son of someone, and had a son and wife?
That nobody wants to know, with that nobody cares
It seems that these people are born dead
Who looks up, from the top, or on TV in seconds
Sometimes you see everyone, but I can’t see nobody
And can’t see the nobility of who has little, but he loves
Who defends what he loves and appreciates what has 1
The FEDERAL PROSECUTORS, for their public prosecutors
Contracting Parties, in the exercise of their constitutional and legal assignments, attend,respectfully, before your Excellency, on the basis of the investigative procedures in epigraph and based on art. 129, I, of the Federal Constitution to provide
COMPLAINT
 emanuely
Remembering Emanuely, age 5, swept from her fathers arms as he tried to outrun the towering wall of advancing mud.  While her parents held out hope they posted this sign,  Her tiny shattered body was found 40 km downstream.
The full text of the report in Portuguese is at http://www.mpf.mp.br/mg/sala-de-imprensa/docs/denuncia-samarco.
Indictments and poems of lament and sorrow certainly belong after such an event and what is now known about how this avoidable catastrophe formed and evolved but surely more was needed.  In Brazil, In Canada,  within the world’s major mining associations, in the Board rooms of the worlds largest miners, in legislative chambers, not one useful reform has been put forward.  A lot of rhetoric has been thrown as around  declaring “no more failures” but it all just allows what was to continue..There is no real change.
Our data tell us this decade 2015-2025 will see the largest number of catastrophic mine failures ever in recorded history.
Indictments and poems of lament at the devastation a greedy thoughtless trio of companies co created is just not enough in the face of what is to come.
Lindsay Newland Bowker, Executive Director
Bowker Associates Science & Research In The Public Interest
Stonington Maine
November 4 2016
Here are some excerpts from the report
VALES DEPOSITINSOF SLIMES CAUSED THE FATAL CO MIXING OF SLIMES & SANDS WHICH LED TO CATASTROPHIC FAILURE
On p. 41 of the charge sheet, it says Vale sent 5.817 million cubic meters of waste into the Dike 2 reservoir,  meant for slimes. A simulation detailed in SETEC Report no. 994 (whatever that is) found that without Vale, the slimes would never have flowed into the sands reservoir. 

 
Apesar disso, a VALE encaminhou, entre os anos de 2008 a 2015, para o SRF, no Dique 2, o volume de 5.187.610 m3. Em média, a produção de rejeito da VALE encaminhada para a barragem do Fundão foi igual a 648.451 m3, anualmente. O Laudo SETEC n.º 994 identificou, por meio de simulação, que se não houvesse a contribuição de rejeitos da VALE para o reservatório de Fundão a premissa de separação dos rejeitos, concebida no projeto original com o alteamento conjunto dos dois diques, não teria se perdido durante a operação.
From the introduction
“The victims have been identified. All those who lost their lives.
Can you imagine being overtaken by a wall of mud and waste ? An accident? No. It was caused by  technical flaws in implementation and maintenance consciously
chosen  to reduce costs and increase dividends.Over many years, countless actions by all three companies at the highest levels, aware of the dangers in their choices,  avoided that reality  hoping to buy time with technically dubious measures”.
With respect to VOGBR, the indictment refutes almost every declaration briefly posted by VOGBR after they learned they were named.  Bowker Associates excerpted and posted some of that text which maintained that they did no site inspections, were given the data and the form of analysis to be performed by Samarco.  The indictment says VOGBR was fully aware of the history of the Fundao and of the specific deficiencies that were cited as the root cause of failure and leant their name to a finding of stability when they knew that was not true.(pp 28-30+)
FINDINGS OF VALES USE OF FUNDAO NOT AUTHORIZED AND CONTRUBUTED TO FAILURE
“It was determined Vale’s tailings depositions greatly  influenced  the rise of the
reservoir level,contributing  about 27% of all the mud deposited between the
years 2008 to 2015 in Fundão dam. Without their contribution, despite the ommission of drainage elements and the poor planning on the slimes dam, the slimes would not have  overrun their dam into the  sandy tailings or resulted in the failure to maintain the 200m beach.  Vale is found to have itentionally hidden and falsified information information on its long term use of the Fundao for it sown tailngs ” PP 40-41+ ( For further details see Bowker Associates post on Vale’s use of the Fundao)
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About lindsaynewlandbowker

Bowker Associates, Science & Research In The Public Interest, is an independent non profit providing self initiated pro bono analysis on key issues with a potential for massive adverse environmental impact . Bowker Associates has been an internationally recognized and cited voice in analysis of the Samarco failure, its consequence, and the possibilties for recovery. In 2015 Bowker Associates collaborated with globally respected geophysicist David M. Chambers to recompile global authoritative accounts of significant TSF failures in recorded history and to analyze these data in the context of gloal mining economics 1910-2010 ( Risk, Economics and Public Liability of TSF Failures, Bowker/Chambers July 2015) In 2014 Bowker Associates commissioned globally respected geophysicist and hydrogeologist Dr. David Chambers to undertake two technical works: (1) development of technical go no go criteria for vetting mine applications tp://lindsaynewlandbowker.wordpress.com/2014/01/05/a-new-statutory-regulatory-framework-for-responble-sulfide-mining-should-this-mine-be-built/ and (2) a case study of Maine's Bald Mountain, an un mined low grade high risk VMS deposit demonstrating the efficacy and accuracy of two risk assessment tools in vetting mine proposals https://lindsaynewlandbowker.wordpress.com/2014/02/28/mountain-x-would-you-issue-a-permit-to-this-mine/ In Maine, Bowker Associates has deeply engaged and been a public voice in the Searsport DCP LPG Tank, The Cianbro proposal for a Private East West Toll Road, JD Irvings rolling pipeline of Bakken crude to its plant in St. John and review of Phase II plans at The Callahan Superfund site in Brooksville, Maine, and Maine's revisitation of mining in statute and regulation... Our only “client”: is always “the pubic interest”. Our model is to focus on only one or two issues at a time so that we have a substantive command of the relevant field as our foundation for ongoing engagement. Our core work is in envirommental risk management, science and technology as well as bringing any available “best practices” models to the fore. The legal and regulatory history/best models are also a major thrust of our work in building and evaluating public policy. Director/Principal Lindsay Newland Bowker, CPCU, ARM is a recognized expert in Environmental Risk Management., Heavy Construction Risk Management and Marine and Transit Risks and has more than 3 decades of engagement in buiding public policy. Appointed by Governor Mario Cuomo to New York State Banking Board (served 1986-1996); President New York Chapter Chartered Property and Casualty Insurers; Environmental Committee, Risk and Insurance Management Society; Director, Convenor/Co-Chair Bermuda Market Briefing "From Captive to Cats" Hamilton Bermuda. Published Articles of Significance The Risk Economics and Public Liability of Tailings Facility Failures, co-authored with David M. Chambers, July 2015 Beyond. Polarization: Superfund Reform in Perspective, Risk & Insurance Managing Risk For Loss Prevention & Cost Control (Jan. 24, 1997). Lead Hazards and Abatement Technologies in Construction: A Risk Management Approach CPCU Journal 1997 Employee Leasing: Liability in Limbo Risk Management June 1 1997 Environmental Audit Privilege and the Public interest Risk & Insurance Managing Risk For Loss Prevention & Cost Control, April 1997 Asbestos:Holes In Abatement Policies Need To Be Plugged, Lloyd’s Environmental Risk International, May 1993 Editor Published Letters Evironmental Risk Management Beware of Facile Policies Like Fetal Protection Business Insurance 1995(?) High Court Review May Increase Sale of Bank Annuities Business Insurances August 8, 1995 Professional Profiles Protecting the Big Apple’s Core Managing Risk For Loss Prevention & Control December 1996 Major Career Highlights First rigorous analysis showing Relationship Between declining ore grades and TSF Failures of increasing consequence ( July 2015) FIrst Documentation that Gentrification Has Same Impacts as Unassisted Displacement from Urban Renewal Sites Direted Court Ordered EIS of FHA Mortgage Scandal Created Nation's First Homeownership Program for Low Income People (SHIP) Created Earliest Geographic Information Systems Using Defense Technology Developed By IBM Designed and Conducted Parallel Census Count to Show Systematic undercount in minority neighborhoods Documented Bias in ISO Territory Rating Plans for Private Passenger Auto Insurance Using ISO's own Rating Techniques Demonstrated Inherent Bias in Mortgage Policies of Banks With Inner City Branches Demonstrated that NY Telephones Plan for Area Code Split To accommodate anticipated cell phone demand was not efficient and would exhaust in 5 years ( which it did) Undertook First Systematic Evaluation of Child Protective Services Caseload Using Multi Variate Analyic Techniques Developed Child Protective Caseload Management and Tracking System (CANTS) and directed implementation in 4 client states including Illinois, Florida and New York Created and Ran Office of Risk Management for NYC DEP the Nations largest Water & Sewer Authority . Designed, Created and Administered Nation's First Owner Controlled Insurance Program (OCIP)for High Risk Tunneling Education Masters NYU Graduate School of Public Administration BSC New School For Social Research Maine Public Schools Deering High School
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