EPA v. ATLANTIC RICHFIELD COMPANY/MILL CREEK

Case summary

THE MILL CREEK, MONTANA, CASE CONCERNS THE PERMANENT RELOCATION OF ALL SEVEN RESIDENTIAL HOUSEHOLDS REMAINING IN THE COMMUNITY OF MILL CREEK, MT. MILL CREEK IS CONSIDER- ED AN OPERABLE UNIT OF THE ANACONDA SMELTER NPL SITE IN DEER LODGE COUNTY, MT. THE POTENTIALLY RESPONSIBLE PARTY FOR THE SITE, THE ATLANTIC RICHFIELD COMPANY ARCO COMPLETED A REMEDIAL INVESTIGATION/FEASIBILITY STUDY FOR THE SITE WHICH IDENTIFIED THE INTERIM REMEDY OF PERMANENT RELOCATION FOLLOWED BY DEMOLITION OF THE HOUSES AND TEMPOR- ARY SITE STABILIZATION AS THE PREFERRED REMEDY FOR THIS OPER ABLE UNIT. A CIVIL REFERRAL SEEKING INJUNCTIVE RELIEF UNDER SECTION 106 OF CERCLA WAS SENT BY EPA-REGION 8 TO EPA HEADQUARTERS ON SEPT 30, 1987. THE ROD WAS SIGNED BY THE EPA REGION VIII REGIONAL ADMINISTRATOR ON OCTOBER 2, 1987 SELECTING PERMANENT RELOCATION OF RESIDENTS WITH TEMPORARY SITE STABILIZATIONS. ARCO SIGNED THE CONSENT DECREE ON JAN 7, 1988. *********************************************************** THE ANACONDA SMELTER NPL SITE INCLUDES THE LOCATION OF THE OLD ANACONDA MINERALS COMPANY COPPER SMELTER NEAR THE TOWN OF ANACONDA, MONTANA. THIS SITE WAS OWNED AND OPERATED UNTIL 1980 BY THE ATLANTIC RICHFIELD COMPANY(ARCO) WHO MERGED WITH THE ANACONDA MINERALS COMPANY IN 1978. PARTICULATE AND FUGITIVE DUST EMISSIONS FROM THE SMELTER COMPLEX INCLUDING HIGH LEVELS OF LEAD, ARSENIC AND CADMIUM SETTLED INTO THE COMMUNITY OF MILL CREEK. MONTANA IMMEDIATELY ADJACUNT TO THE SMELTER COMPLEX. THE AIR, SOIL, DRINKING WATER AND HOUSEHOLD DUST IN MILL CREEK WAS CONTAMINATED.

Defendants (1)

• ATLANTIC RICHFIELD COMPANYNamed in complaintNamed in settlement

Facilities (1)

• ARCO COAL CO ANACONDA SMELTER

  E OF ANACONDA NPL SITE, ANACONDA, MT, 597110000

  Registry ID: 110008460655

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ATLANTIC RICHFIELD COMPANYentered 1988-09-16

  Primary law: CERCLA

  Federal penalty: $1,561,736

Timeline (8 milestones)

• 1987-03-24Enforcement Action Data Entered
• 1987-09-30Referred To Headquarters
• 1987-11-06Referred To Dept Of Justice
• 1988-04-06Referred TO U.S. Attorney
• 1988-04-14Complaint Filed With Court
• 1988-09-16Final Order Lodged
• 1988-09-16Final Order Entered
• 1988-09-16Concluded