EPA v. BUTTE RAILROAD BEDS

Case summary

THIS HISTORY UP TO THIS ACTION IS LENGTHY. EPA HAS CONDUCTED SEVERAL TIME CRITICAL AND NON-TIME CRITICAL REMOVAL ACTIONS AT THE BUTTE AREA PORTION OF THE SILVER BOW CREEK/BUTTE AREA SUPERFUND SITE. THE CONDITIONS PRESENT AT THE SITE, WHICH IS CONTAMINATED WITH ELEVATED LEVELS OF ARSENIC, CADMIUM, COPPER, LEAD, AND ZINC. THE REMOVAL ACTIONS REQUIRED BY THIS ACTION ARE NECESSARY TO PROTECT PUBLIC HEALTH, WELFARE, AND THE ENVIRONMENT. THE REMOVAL ACTION INVOLVES THE REMOVAL, CAPPING, STABILIZATION, YARD REMOVAL, REVEGETATION, SEDIMENTATION CONTROL, ROUTING AND OTHER APPROPRIATE METHODS OF RAILLINES AND RAILBEDS AND ADJACENT OR DOWNHILL RECEPTOR AREAS SUCH AS YARDS IN AND AROUND BUTTE, MONTANA.

Defendants (9)

• UNION PACIFIC RAILROAD CONamed in complaintNamed in settlement
• BGM LIMITED LIABILITY CORP.Named in complaintNamed in settlement
• BURLINGTON NORTHERN/SANTA FE RAILROAD CONamed in complaintNamed in settlement
• MONTANA MINING PROPERTIES, INC.Named in complaintNamed in settlement
• ATLANTIC RICHFIELD (ARCO)Named in complaintNamed in settlement
• MONTANA RESOURCES, INC.Named in complaintNamed in settlement
• MONTANA WESTERN RAILROAD CO.Named in complaintNamed in settlement
• RARUS RAILROAD CO.Named in complaintNamed in settlement
• UNIVERSAL ROYAL APEX, LTDNamed in complaintNamed in settlement

Facilities (8)

• MONTANA RESOURCES

  600 SHIELDS AVE., BUTTE, MT, 59701

  Registry ID: 110000428555

• UNIVERSAL ROYAL APEX

  RR STATION NEAR THREE FORKS, THREE FORKS, MT, 59752

  Registry ID: 110010674485

• UNION PACIFIC RAILROAD CO

  119039 SILVER BOW RD, BUTTE, MT, 597509701

  Registry ID: 110010641449

• BURLINGTON NORTHERN/SANTA FE RAILROAD CO.

  NEAR BUTTE, BUTTE, MT, 59701

  Registry ID: 110010674467

• MONTANA WESTERN RAILWAY

  700-1/2 RAILROAD STREET, BUTTE, MT, 59701

  Registry ID: 110011048785

• MONTANA MINING PROPERTIES

  N ANACONDA RD, BUTTE, MT, 59702

  Registry ID: 110010687033

• ATLANTIC RICHFIELD LOWER AREA ONE

  NEAR BUTTE, BUTTE, MT, 59701

  Registry ID: 110010670274

• RARUS RAILROAD CO

  NEAR BUTTE, BUTTE, MT, 59701

  Registry ID: 110010674476

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order

Enforcement conclusions (1)

• BUTTE RAILROAD BEDSentered 2000-04-11

  Primary law: CERCLA

Timeline (3 milestones)

• 2000-01-05Complaint Filed/Proposed Order
• 2000-02-10Enforcement Action Data Entered
• 2000-04-11Final Order Issued