EPA v. ARCO - SILVER BOW CREEK/BUTTE AREA

Case summary

THE CLARK FORK BASIN SUPERFUND SITES ARE A SERIES OF FIVE GEOGRAPHICALLY CONNECTED SUPERFUND SITES IN SOUTHWESTERN MONTANA. THE SILVER BOW CREEK/BUTTE AREA (ORIGINAL PORTION) SUPERFUND SITE (SBCO) IS PART OF THE CLARK FORK BASIN COLLECTION OF SUPERFUND SITES. THE SITE BEGINS AT THE HEADWATERS OF SILVER BOW CREEK NEAR BUTTE IN SOUTHWEST MONTANA, PROCEEDS DOWN SILVER BOW CREEK TO THE WARM SPRINGS PONDS, WHERE IT NOW ENDS. AT ONE POINT, THE SITE CONTINUED DOWN THE CLARK FORK RIVER TO THE MILLTOWN RESERVIOR FIVE MILES EAST OF MISSOULA. MINING, MILLING AND SMELTING ACTIVITIES, CONDUCTED FOR OVER 100 YEARS IN THE AREA, PRODUCED SUBSTANTIAL QUANTITITIES OF WASTE CONTAMINATED WITH HEAVY METALS. THESE WASTES WERE DISCHARGED OR DUMPED INTO SILVER BOW CREEK, WARM SPRINGS CREEK, AND THE CLARK FORK RIVER. THE CONTAMINATED WASTE ENTERED THE RIVERS IN THE FORM OF SUSPENDED SEDIMENTS PRIMARILY FROM TAILINGS AND SMELTER WASTE AND DISSOLVED METALS PRIMARILY FROM ACID MINE WATER. THE WASTES CONTAIN CONCENTRATED ARSENIC, LEAD, CADMIUM, ZINC, AND COPPER, AS WELL AS OTHER METALS. IN ADDITION TO CONTAMINANTS FROM THE BUTTE MINING OPERATIONS, THE MONTANA POLE AND ROCKER WOOD TREATING FACILITIES CONTRIBUTED TO THE CONTAMINANT LOAD OF SILVER BOW CREEK. BOTH WOOD TREATING OPERATIONS USED PENTACHLOROPHENOL AND CREOSOTE WHICH SEEPED INTO SILVER BOW CREEK. THE ROCKER PLANT SITE ITSELF IS PART OF THE SBCO SITE MONTANA POLE HAS BEEN SEPARATELY LISTED. THE COSTS INVOLVED IN THIS REFERRAL INCLUDE THE CLARK FORK RIVER OPERABLE UNIT THROUGH FEBRUARY, 1990 WHICH IS THE DATE WHEN THAT OPERABLE UNIT OF THE SBCO SITE WAS TRANSFERRED TO THE MILLTOWN SITE. EPA CONDUCTED INVESTIGATION ACTIVITES TO DETERMINE THE IDENTITY OF POTENTIALLY RESPONSIBLE PARTIES FOR THE SBCO AND OTHER CLARK FORK SITES. THESE INVESTIGATIONS REVEALED THAT THE PRIMARY SOURCE OF THE CONTAMINATION AT THE SITES WAS MINING, MILLING, AND SMELTING OPERATIONS IN BUTTE, MONTANA. IN 1985, THESE INVESTIGATIONS PRODUCED A BODY OF EVIDENCE WHICH DOCUMENTED THE DISCHARGE OR DISPOSAL PRACTICES OF MINING, MILLING, AND SMELTING OWNERS AND OPERATORS IN THE BUTTE AND ANACONDA AREAS, AND WHICH DOCUMENTED THE TRANSPORT OF THESE MATERIALS THROUGH THE SILVER BOW CREEK AND THE CLARK FORK SYSTEMS. FURTHER INVESTIGATION INDICATED THAT THE PRACTICES WERE CARRIED OUT BY THE ANACONDA MINERAL COMPA NY OR THE ANACONDA COPPER MINING COMPANY, OR THEIR PREDECESSORS IN INTEREST. THE ANACONDA MINERAL COMPANY MERGED WITH THE ATLANTIC RICHFIELD COMPANY (ARCO) IN 1977, AND ARCO BECAME THE OWNER AND OPERATOR OF SOME OF THE DISCHARGE OR DISPOSAL FACILITIES. THUS, ARCO WAS IDENTIFIED AS THE PRIMARY RESPONSIBLE PARTY FOR THE SBCO SITE AND OTHER SITES LOCATED ALONG THE CLARK FORK RIVER. THIS REFERRAL SEEKS RECOVERY OF THE COSTS ASSOCIATED WITH THE SBCO SITE, INCLUDING THOSE EXPENDITURES RELATING TO TECHNICAL INVESTIGATIONS AND ENFORCEMENT WHICH ARE OUTLINED IN THIS REPORT. RECOVERY CAN BE OBTAINED BY ADDING THESE COSTS TO THE ONGOING NEGOTIATIONS IN U.S. VS. ARCO, CU 89-39-BU (D.MT.), AND BY AMENDING THE EXISTING COMPLAINT IN THAT ACTION TO SPECIFICALLY SEEK THE REFERRED COSTS. COMBINED WITH CASE NUMBER 08-91-0065

Defendants (2)

• ANACONDA MINING COMOANYNamed in complaintNamed in settlement
• ARCONamed in complaintNamed in settlement

Facilities (1)

• SILVER BOW METRO SD 1

  800 CENTENNIAL AVE, BUTTE, MT, 59701

  Registry ID: 110012804698

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• ARCO/CLEVELAND WRECKING CO.entered 1997-01-13

  Primary law: CERCLA

Timeline (7 milestones)

• 1991-03-20Enforcement Action Data Entered
• 1991-09-30Referred To Dept Of Justice
• 1992-10-15Complaint Filed With Court
• 1997-01-13Concluded
• 1997-01-13Enforcement Action Closed
• 1997-01-13Final Order Lodged
• 1997-01-13Final Order Entered