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  • What is a site assessment and what is the difference between a site assessment and a site investigation?

    The first step of the site assessment process is known as a preliminary assessment (PA). This assessment gathers historical and other readily available information on site conditions and surroundings to evaluate whether the site poses a potential threat to human health and the environment and/or whether further investigation is needed…

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  • Why hasn’t the Norwood Landfill Site been identified as a Superfund Site? Two nearby landfills, Folcroft and Clearview, which were established and in use at the same time as Norwood Landfill and Dump have both been designated as Superfund sites.

    EPA is still conducting its investigation of the Norwood Landfill Site to determine if it should be placed on the National Priorities List (NPL), or Superfund List. Thus far, the data collected has not demonstrated that the site warrants placement on the NPL. Both the Folcroft and Clearview Landfills went…

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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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  • Why did EPA wait so long to begin its investigation of the Norwood Landfill and Old Norwood Dump?

    In the months leading up to the preliminary assessment, EPA gathered information on the property to determine whether a site investigation under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was warranted. EPA determined to proceed with an investigation and EPA began procuring contractor services to conduct the preliminary…

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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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  • What is the key question EPA tries to answer through a site investigation?

    Findings of the site investigation determine what hazardous substances may be present, whether they may be released to the environment, and any potential threat to human health. Information about the site that is collected in the preliminary assessment and site investigation phase helps EPA to evaluate the risks posed by…

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  • National Priorities List (NPL)

    The NPL is a list of hazardous waste sites identified by EPA as warranting further investigation into the extent of the risk they pose and whether cleanup of the site under EPA’s Superfund Remedial program is warranted. NPL listing does not promise remedial action, only detailed investigation.

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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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  • What does the Confidentiality Order not cover?

    The Order does not apply to technical documents, discussions, and meetings concerning the implementation of the consent decrees that occur after the Court entered the consent decrees.

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  • What work are the potentially responsible parties required to complete at Butte Priority Soils Operable Unit?

    EPA will conduct oversight in consultation with the Montana Department of Environmental Quality (MDEQ) on all work to be implemented by Atlantic Richfield and Butte-Silver Bow County. Atlantic Richfield will perform work in the Butte Reduction Works, Northside Tailings, Diggings East, Buffalo Gulch, East Buffalo Gulch, and Grove Gulch areas…

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  • Is the Confidentiality Order still in effect?

    Yes. The Order states that all settlement discussions and documents “shall be kept confidential both during and after the negotiations and not disclosed to third persons.” (Order at 1-2).

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  • What does the Confidentiality Order cover?

    The Confidentiality Order applies to: All settlement discussions among and between the parties and any third parties. . .in settlement negotiations conducted pursuant to the Streamside Tailings Consent Decree settlement framework, as well as all documents prepared for settlement purposes or exchanged by the participants in such negotiations, shall be…

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