AR joins negotiating parties in support of Butte Consent Decree

Butte, Mont. – Atlantic Richfield Company joins the United States, the State of Montana, and Butte-Silver Bow in presenting the Consent Decree for the Butte Priority Soils Operable Unit (BPSOU CD) to the Butte community. If the BPSOU CD is approved by the Butte-Silver Bow Council of Commissioners after the upcoming public education period, and if it is subsequently approved by the court after a separate Department of Justice public comment period, then the parties will be able to complete the remedy and other work described in the BPSOU CD.

The proposed BPSOU CD would provide a final, permanent and protective remedy with proven technologies that are effective in this environment, are feasible to operate and maintain, and are sustainable over a long period of time. It uses the best science to combine remedies that protect the community and the environment with the added creation of 120 acres of green space, parks and other community amenities in the creek corridor. Throughout the BPSOU CD negotiations, the parties have sought input from the community on their vision for Butte’s future, and where possible this input has been incorporated into the remedy and surrounding land use plan.

If the proposed BPSOU CD is approved by all parties and the court, Atlantic Richfield commits to fund the design, construction, and future operation and maintenance of all remedy components. The BPSOU CD also includes provisions that would require Atlantic Richfield to provide a combination of trust funds, bonds, or other financial assurance instruments to ensure that these future remedy costs will be paid by Atlantic Richfield.

Reaching agreement has been a challenging process that has taken over thirteen years since EPA issued its original remedy in the 2006 BPSOU Record of Decision. During this period, Atlantic Richfield worked cooperatively with the other parties to gather the data needed to identify feasible and appropriate remedy options. The remedy provides the best solution for the environment, the community and the State of Montana. We believe the proposed remedy and land use plan will transform the heart of Butte.