Looking south toward Butte, Montana over the Berkeley Pit, from the Yankee Doodle Tailings Pond dam. Photo by Justin Ringsak.

Looking south toward Butte, Montana over the Berkeley Pit, from the Yankee Doodle Tailings Pond dam.

On August 14, 2002, U.S. District Judge Sam E. Haddon signed the Mine Flooding Consent Decree between the Atlantic Richfield Company (Arco), the Montana Resources Group (MR), the U.S. EPA, the State of Montana (DEQ) and the U.S. Department of Justice.

The Consent Decree was released for public review on March 26, 2002, with a May 4 deadline to submit public comments to the federal court. EPA and DEQ reviewed the comments submitted and in late July 2002, the Agencies submitted a report to the federal court recommending that none of the public comments warranted any changes in the Decree. Subsequently, Judge Haddon approved and signed the Consent Decree as originally drafted.

With the Consent Decree lodged in federal court as a legally binding agreement, Arco and MR proceeded with plans to build the Horseshoe Bend Water Treatment Plant. The companies are also obligated to provide annual financial statements to document their capability to pay all costs to operate and maintain the facility – including sludge disposal – in perpetuity.

The Decree also requires Arco and MR to reimburse EPA and DEQ for past costs and pay now for future oversight costs. Other obligations are to enhance the waterfowl protection program at the Berkeley Pit, to establish a groundwater control area surrounding the Berkeley, to fund the Montana Bureau of Mines and Geology to continue the mine flooding monitoring program, and to fund public education (e.g., PITWATCH).

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