EPA v. ARCO-MONTANA RESOURCES

Case summary

REGION 8 TRANSMITTED THIS PRE-REFERRAL LITIGATION REPORT TO DOJ ON MARCH 7, 1995. THIS REPORT REQUESTS THAT DOJ ASSIST US WITH RD/RA NEGOTIATIONS TO IMPLEMENT THE ROD SIGNED BY BILL YELLOWTAIL ON 9/29/94. THE ROD PROVIDES FOR CONTROL OF THE RISING CONTAMINATED MINE WATERS IN THE BERKELEY PIT IN BUTTE, MT. THROUGH DIVERSION OF WATERS FLOWING INTO THE PIT AND THROUGH PUMPING AND TREATMENT OF WATERS ALREADY IN THE PIT. WATER IN THE PIT IS TO BE KEPT BELOW THE CRITICAL WATER LEVEL, 50 FEET(OUR SAFETY FACTOR) BELOW THE LEVEL AT WHICH IT BEGINS TO CONTAMINATE THE ALLUVIAL AQUIFER AND SILVER BOW CREEK. ALTHOUGH DIVERSION WIL BEGIN IMMEDIATELY, THE PIT WATER LEVEL WILL CONTTNUE TO RISE AND WILL REACH THE CRITICAL WATER LEVEL IN APPROXIMATELY 2020.

Defendants (2)

• MONTANA RESOURCES, ARCONamed in complaintNamed in settlement
• ASARCONamed in complaint

Facilities (1)

• MONTANA RESOURCES

  600 SHIELDS AVE., BUTTE, MT, 59701

  Registry ID: 110000428555

Statutes cited

• CERCLA 107A — Cost Recovery
• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• ARCO-MONTANA RESOURCESentered 2002-08-14

  Primary law: CERCLA

Timeline (6 milestones)

• 1995-03-01Enforcement Action Data Entered
• 1995-03-07PRN Sent
• 2002-03-25Complaint Filed With Court
• 2002-03-25Final Order Lodged
• 2002-08-14Final Order Entered
• 2008-04-17Consent Decree Amendment