EPA v. Upper Tenmile Creek Mining Area/Basin Mining Area

Case summary

The purpose of this Agreement and Covenant not to Sue the State of Montana is to settle and resolve, subject to reservations and limitations, any potential liability of the settling Respondent for the existing contamination which could otherwise result from the Settling Respondent acquiring the property. The current owners of the property have declared bankruptcy and a liquidation under Chapter 7 is currently being completed by the bankruptcy trustee. The parties seek to have the State of Montana take title to the property from the bankruptcy estates.

Defendants (1)

• Upper Tenmile Creek Mining Area/Basin Miing AreaNamed in complaintNamed in settlement

Facilities (1)

• UPPER TENMILE CREEK MINING AREA

  3440 RIMINI ROAD, RIMINI, MT, 59601

  Registry ID: 110009350709

Statutes cited

• CERCLA 109A5 — Violation of 109(a)(5) Subpoena

Enforcement conclusions (1)

• Upper Tenmile Creek Mining Area/Basin Mining Areaentered 2003-04-29

  Primary law: CERCLA

Timeline (3 milestones)

• 2003-04-29Complaint Filed/Proposed Order
• 2003-04-29Final Order Issued
• 2003-05-22Enforcement Action Data Entered