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  • Do settlement communications, such as past “agreements in principle,” impact the implementation of the final Consent Decrees?

    The parties are bound by the terms of the various final, publicly available consent decrees. These consent decrees were made available for public comment before they were finalized and entered by the Court. Past settlement communications and documents created in the course of settlement discussions have been incorporated (or not)…

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  • What is the Confidentiality Order?

    The Confidentiality Order (Order) is a court order entered by the Federal District Court for the District of Montana (Court) on August 8, 2002, and amended by the Court on December 31, 2003, that applies to Superfund settlement negotiations in the Clark Fork River Basin, including the following sites: Silver…

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  • How does EPA ensure that the potentially responsible parties complete their work?

    All cleanup activities performed by the PRPs are subject to enforcement instruments (i.e., consent decrees or administrative orders) that provide for EPA approval of all deliverables and oversight of all work performed by the PRPs.

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  • Can you explain who has authority over the active mine vs the Superfund site?

    The Montana Department of Environmental Quality has regulatory authority over the active mine. EPA is the lead agency for the Silver Bow Creek/Butte Area Superfund Site and works in consultation with MDEQ to ensure the cleanup of the Site.

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  • Where can I go to learn more?

    PitWatch.org is the online home of the Berkeley Pit Public Education Committee. This volunteer committee educates residents, students, and the public about the environmental management of the Berkeley Pit.  Information includes the geology, hydrology, current events, and ongoing academic research associated with the Berkeley Pit. This committee frequently shares their…

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  • When will construction begin in the Silver-Bow Creek Corridor?

    Construction in the Silver Bow Creek corridor began in 2024 with the Grove Gulch Project.

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  • Why is the Confidentiality Order important?

    The Confidentiality Order (Order) has been, and continues to be, effective in assisting the parties in reaching settlements under the framework established by the Court in US v. ARCO and still pending in court – six consent decrees to date have been entered since the Order was issued. There are…

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  • Will there be an increase in turbidity (cloudiness or muddiness) or silt in the streams?

    The increased flow from this work is expected to be minimal and should not impact turbidity or silt.

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  • Will returning the natural flow of water to Sulphur Run disturb areas with sheen?

    Conditions in the streams are much improved because of previous cleanup work conducted in 2023. Although oily sheens remain, they are settled in the sediment and do not impact surface water unless disturbed. The increased water flow to Sulphur Run will be minimal and is not expected to disturb sheen…

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  • What changes did EPA finalize to the SPCC Rule in December 2006?

    The revised rule modifies requirements for facilities with smaller oil storage capacity and specific types of oil-filled operating equipment. If a facility has 10,000 gallons or less in aggregate aboveground oil storage capacity and the facility meets the oil discharge history criteria, then an owner/operator of a facility may prepare…

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  • SPCC change in ownership

    If there is a change in ownership at a facility, can the facility operate under the same SPCC Plan without the certification from a professional engineer (PE)? If no change in procedures has been made, it may still be feasible to operate under the existing SPCC Plan. The information in…

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  • Liability of oil retailers at SPCC regulated farm

    If a farm is out of compliance of Spill Prevention, Control, and Countermeasure (SPCC) regulations and is checked by EPA and/or has a spill, is the retailer that filled the tank liable? No, EPA considers the oil tank owner responsible for lack of compliance.

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  • Why were the consent decree negotiations under a confidentiality order?

    The confidentiality order was issued by the federal district court in 2002 to encourage and facilitate settlement negotiations. The court determined that the confidentially order was appropriate to ensure that the parties were afforded the opportunity to engage in frank, open discussion so that litigation could be settled promptly and…

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  • What projects has EPA been involved with in Butte related to the Superfund site?

    A variety of actions and activities have been implemented to address the contamination in Butte, including: Assessments of risk have been conducted to quantify actual and potential human health risks due to potential exposure to tailings, waste rock, yard soils, indoor dust, attic dust, mercury vapor, surface water, and ground…

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  • When can we access the streams again?

    The upcoming cleanup efforts will focus on oil-based compounds which, based on recent sampling, are the only derailment-related contaminants remaining in the creeks. Please obey all posted signage and continue to avoid access in Sulphur and Leslie Runs until further notice.

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