Wednesday, February 1, 2012

Department of Justice Press Release - Settlement Agreement

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Friday, September 30, 2011

Cleanup Agreement Reached at Former Uranium Mine on Spokane Indian Reservation in Northeastern Washington

WASHINGTON – A settlement agreement has been reached for the cleanup of the Midnite Mine Superfund Site, located on the Spokane Indian Reservation in Northeastern Washington, the Department of Justice and the Environmental Protection Agency (EPA) announced today. The 350 acre site, which is centered around a former open pit uranium mine, poses a potential threat to people’s health and the environment due to the presence of heavy metals and elevated levels of radioactivity.

Under the agreement, filed today with the U.S. District Court for the Eastern District of Washington in Spokane, Wash., Newmont USA Limited, and Dawn Mining Company, LLC will design, construct and implement the cleanup plan for the site that EPA selected in 2006 and also will reimburse EPA’s costs for overseeing the work. Cleanup at the site is expected to cost $193 million. EPA also will be reimbursed for approximately $25 million in costs already incurred. The United States, on behalf of the Department of the Interior, will contribute approximately $54 million toward past and future cleanup activities. Finally, the mining companies have agreed to secure funding that will be available should EPA have to take over the work.

“Under today’s agreement, the mining companies will perform the cleanup of the Midnite Mine. The cleanup will bring important environmental protections to residents of the Spokane Indian Reservation, including the control of radioactive mine waste and the protection of nearby waters from acid mine drainage,” said Ignacia S. Moreno, Assistant Attorney General of the Environment and Natural Resources Division of the Department of Justice. “This settlement means that the long-sought cleanup will be implemented, and gives the Spokane Tribe a role in working with EPA to ensure that the cleanup protects human health and the environment on the Reservation.”

“EPA is committed to ensuring the cleanup of environmental contamination at former mine sites,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement will ensure that sufficient funds are available to complete the cleanup of the Midnite Mine site, strengthening environmental protection in Indian Country and protecting the families living on the Spokane Indian Reservation.”

The Midnite Mine operated from 1954 to 1964, and again from 1969 to 1981. As a result of the mining operations, approximately 350 acres of land were disturbed, and numerous waste rock piles and two open mine pits are still present at the site.

According to Dennis McLerran, EPA Regional Administrator in Seattle, today’s agreement means the long-anticipated cleanup work can move forward.

Today’s settlement is great news for the environment and finally gives the Spokane Tribe some certainty,” said Regional Administrator McLerran. “The Tribe has been living with this legacy for too long. EPA is eager to get moving on the cleanup and make the area safe for the families who live and work in the area.”

Actions at the site will include installing a drainage layer and sumps in the two pits left open after mining, consolidating existing waste rock in the pits, and covering the pits to keep surface water out. Ongoing maintenance will include removal and treatment of water that enters from the pit walls.

Officials expect the project’s design phase to last approximately three years, with an additional five to seven years needed to finish construction. Managing contaminated water at the site will continue to be a high priority during construction planning.

EPA will oversee the work to ensure that it follows the cleanup plan and complies with the agreement signed by the parties. The Spokane Tribe, though not a party to the agreement, will support EPA in overseeing the work.

The public now has 30 days to comment on the Consent Decree prior to entry in federal court. The consent decree will be available at www.justice.gov/enrd/Consent_Decrees.html .

More information on the settlement agreement: www.epa.gov/compliance/resources/cases/cleanup/cercla/midnitemine/index.html .

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