EPA v. Rio Tinto Mine, Global Settlement Consent Decree

Case summary

The Rio Tinto Mine, located in Elko County, Nevada was worked by the four companies listed below (or their predecessors) at various times between 1932 and 1987, ultimately leaving tailings ponds in the Mill Creek canyon and impacting Mill Creek and the East Fork Owyhee River, which flows towards the Duck Valley Reservation of the Shoshone and Paiute Tribes (“Tribes”). Underground mining and an in-situ acid leaching operation may also have contaminated groundwater, which may affect surface water. The four responsible parties, EPA, the natural resource trustees, the Tribes, and Nevada Department of Environmental Protection (“NDEP”) are negotiating a global settlement, to be embodied in a federal consent decree utilizing the Superfund Alternative approach, under which the responsible parties would implement a remedy selected under CERCLA by EPA and NDEP. The remedy will include removal of two tailings ponds from the Mill Creek canyon. The Consent Decree will also provide for monitoring of potentially contaminated groundwater and restoration of Mill Creek. FY2009. NO EJSEAT SCORE FIELD

Defendants (5)

• Atlantic Richfield CompanyNamed in complaintNamed in settlement
• Teck Cominco AmericanNamed in complaintNamed in settlement
• E.I. du Pont de Nemours and CompanyNamed in complaintNamed in settlement
• Cliffs Natural Resources Inc.Named in complaintNamed in settlement
• Mountain City Remediation, LLCNamed in complaint

Facilities (1)

• RIO TINTO MINE

  SEC 10 & 11 T45N R53E MDM, MOUNTAIN CITY, NV, 89831

  Registry ID: 110009324105

Statutes cited

• CERCLA 106A — Imminent & Substantial Endangerment Order
• CERCLA 107A — Cost Recovery
• CERCLA 122A — Agreement to Perform Work Under 104B

Enforcement conclusions (1)

• Rio Tinto Mine, Global Settlement Consent Decreeentered 2013-05-20

  Primary law: CERCLA

Timeline (6 milestones)

• 2009-01-13Enforcement Action Data Entered
• 2012-07-18Referred To Dept Of Justice
• 2012-09-27Final Order Lodged
• 2012-09-27Complaint Filed With Court
• 2013-05-20Concluded
• 2013-05-20Final Order Entered