Those tailings have been there since Oct 09! Six months...!! Now I'm no expert on milling tailings (although that may chance if we keep this up) but the DOGM has known about this issue and I'd bet the farm that they've notified the EPA about it. It wouldn't be the first time they've been to the mill (I don't know the regs on EPA inspections or how often they conduct them). I hope after six months the EPA would have made a visit to the mill, IF there is a problem with the tailings.
So, here we are six months later and nothing from the EPA.