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Enforcement

ASARCO Bankruptcy Case Summary: Montana Sites Settlement Information Sheet

The Montana Sites Settlement Agreement resolves claims pertaining to past and future cleanup costs associated with five sites in the State of Montana that American Smelting and Refining Company (ASARCO) owns, but does not operate.

The settlement agreement requires the creation of a trust, with separate accounts for each site, and provides funding in the amount of $138,300,000 to oversee cleanup and redevelopment of the sites.

The Department of Justice and ASARCO filed the settlement agreement with the United States Bankruptcy Court for the Southern District of Texas Corpus Christi Division on March 13, 2009. The Court approved the settlement agreement on June 5, 2009. The trust agreement associated with this settlement was filed with the Bankruptcy Court on December 9, 2009.

Parties to the Settlement

The United States, the State of Montana, and ASARCO, LLC are parties to the settlement agreement.

Site Information

Site Location Lead Agency/State Funding level
East Helena Site Lewis and Clark County in East Helena, MT EPA $100 million ($99.294 million for cleanup and $706,000 for an NRD account)
Black Pine Mine Site Philipsburg, MT Montana $17.5 million ($17.439 million for cleanup and $61,000 for a natural resource damages (NRD) account)

Upper Blackfoot Mining Complex

Mike Horse Mine Site

near Lincoln, MT Montana $10 million (combined)
Iron Mountain Site near Superior, MT Montana $1.9 million ($1.864 million for cleanup and $36,000 for an NRD account)

The settlement agreement provides $8.9 million for administrative costs.

More information on the EPA sites is available from the EPA Funded Sites and Communities web page.

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