FOR IMMEDIATE RELEASE DOJ -- 202-514-2008 THURSDAY, MARCH 7, 1996 EPA -- 406-441-1123 TDD -- 202-514-1888 JUSTICE, EPA ANNOUNCE $37 MILLION SETTLEMENT FOR MONTANA CLEANUP ARCO, BURLINGTON NORTHERN AND 3 OTHERS WILL SHARE COSTS WASHINGTON, D.C. -- Five parties, including Atlantic Richfield Company and Burlington Northern Railroad, agreed today to a $37.7 million settlement to clean up land near Butte, Montana contaminated by forty years of pollution from a wood treatment plant, the Department of Justice and the Environmental Protection Agency's Montana Superfund office announced today. Under the agreement, property owners or users of the Montana Pole and Treating Plant, a Superfund site in Silver Bow County, will reimburse EPA $2.7 million in past response costs and pay $35 million for future cleanup. These parties are Atlantic Richfield, Burlington Northern, Inland Properties Inc., Montana Resources Inc., and an individual, Dennis R. Washington. Today's settlement will allow the State of Montana, designated by EPA as the cleanup's lead agency, to begin remedial cleanup this spring. Forty years of treating wood at the plant left the facility, surrounding soils, groundwater and the nearby Silver Bow Creek contaminated by hazardous substances including the toxic pentachlorophenol (PCP). Huge open vats, containing a mixture of PCP and diesel fuel, and high-pressure cylinder machines, were used to treat wood products at the plant. Overflows, discharges and other releases of the polluted mixture resulted in the contamination. In 1983, EPA took action to keep the pollution from spreading off-site through soil excavation and groundwater interception. "This facility treated wood better than it treated the environment," said Lois J. Schiffer, Assistant Attorney General in charge of the Department's Environment and Natural Resources Division. "Today's settlement shows that our enforcement efforts and federal and state cooperation are paying off. It also shows that Superfund -- which holds responsible parties accountable, not the American taxpayer -- is paying off as well." "EPA is pleased that we were able to settle this matter in a fair and responsible way, so that the parties' time and money can be put towards cleanup rather than litigation," said John Wardell, Director of EPA's Montana Superfund Office. Arco's predecessor, Anaconda Company, owned the land on which the wood processing plant was housed. Burlington Northern leased property to the wood processing facility. The three remaining settlors purchased parcels of the contaminated property. In 1993, EPA and the State of Montana selected a final cleanup remedy requiring excavation and treatment of soils; containment and subsequent treatment of contaminated groundwater; and treatment of contaminated oils and sludges in a licensed off- site incinerator. The State of Montana issued requests for bids on this project last week and expects to complete the first phase of the cleanup this construction season. Implementation of the remedy will return the site to usable commercial property without risk to workers, nearby residents or Silver Bow Creek. The agreement was filed today in U.S. District Court in Butte. In addition to cost recoveries, the consent decree provides that, if cleanup costs exceed $41 million, settling defendants will be responsible for additional cost contributions. Following notice of the consent decree in the Federal Register, the Department of Justice and EPA will accept public comment on the agreement, before asking Federal District Court Judge Paul Hatfield to sign and enter the decree. Copies of the decree may be obtained from either EPA's Butte office, located in the Butte Silver Bow Courthouse, EPA's Helena office Records Center, or from the Department of Justice. Comments will be accepted for 30 days after the Federal Register notice and should be directed to the Assistant Attorney General. For additional information, contact Henry Elsen or Jim Harris at EPA in Helena, 406-441-1123. Today's consent decree comes in the case of United States v. Torger L. Oass, et al., Civil Action No. 90-75-BU-PGH (D. Montana). ### 96-097