EPA v. ATLANTIC RICHFIELD COMPANY /ROCKER

Case summary

After years of negotiation, the Final Site-Wide Consent Decree for the Anaconda Smelter National Priorities List Site was signed on December 16, 2022, following a public comment period. Under the consent decree, Atlantic Richfield agreed to complete its cleanup of the site. This includes cleanup of residential yards in Anaconda and Opportunity, cleanup of soils in upland areas above Anaconda, and the eventual closure of the remaining slag piles. This is work that began under EPA administrative orders. The estimated cost of the remaining work, including operation and maintenance to protect the cleanup over the long-term, is $83.1 million. Atlantic Richfield will pay $48 million to reimburse the EPA Superfund Program for response costs and will pay roughly $185,000 to the U.S. Forest Service for future oversight of work on lands that agency administers. The consent decree follows other important settlements with Atlantic Richfield over the past two decades that have substantially improved the environment and restored valuable natural resources in the Upper Clark Fork basin. It is the product of a successful federal-state partnership to secure cleanup of a major hazardous waste site.

Defendants (5)

• ATLANTIC RICHFIELD COMPANYNamed in complaintNamed in settlement
• ASARCONamed in complaint
• AR Montana CorporationNamed in complaint
• Montana ResourcesNamed in complaint
• Dennis WashingtonNamed in complaint

Facilities (1)

• ANACONDA SMELTER SITE

  N 46 07.7 W112 53.9, ANACONDA, MT, 59711

  Registry ID: 110010597238

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (3)

• Atlantic Richfield Companyentered 2002-08-19

  Primary law: CERCLA

• ATLANTIC RICHFIELD COMPANYentered 2000-08-11

  Primary law: CERCLA

• ATLANTIC RICHFIELD COMPANY /ROCKERentered 2023-02-14

  Primary law: CERCLA

Timeline (6 milestones)

• 1989-02-13PRN Sent
• 1989-02-27Enforcement Action Data Entered
• 1989-03-27Referred To Dept Of Justice
• 1989-06-23Complaint Filed With Court
• 2022-09-30Final Order Lodged
• 2023-02-14Final Order Entered