IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION
UNITED STATES OF AMERICA and STATE OF MONTANA, Plaintiffs,
and
STATE OF NEVADA and STATE OF WEST VIRGINIA, Co-Plaintiffs,
v.
TORCHLIGHT MINING CORP.; TORCHLIGHT MINING (U.S.) INC.; TORCHLIGHT SPECIALTY CHEMICALS, INC.; RIDGECREST MINE HOLDINGS, LLC; and BONANZA CREEK MINING, LLC, Defendants.
Civil Action No. 9:24-cv-00087-DWM
CONSENT DECREE
February 3, 2025
I. BACKGROUND
1. Recital A. The United States of America ("United States"), on behalf of the U.S. Environmental Protection Agency ("EPA"), filed a complaint on January 18, 2024, in this action against Torchlight Mining Corp. ("TMC"), Torchlight Mining (U.S.) Inc. ("TM(US)"), Torchlight Specialty Chemicals, Inc. ("TSC"), Ridgecrest Mine Holdings, LLC ("RMH"), and Bonanza Creek Mining, LLC ("BCM") (collectively, "Defendants" or "Settling Defendants"), alleging violations of the Clean Water Act ("CWA"), 33 U.S.C. §§ 1251 et seq.; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §§ 6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq. The complaint seeks injunctive relief, civil penalties, reimbursement of past response costs, and other relief as set forth therein.
2. Recital B. The State of Montana, through its Department of Environmental Quality ("MT DEQ"), is a co-plaintiff and intervenor in this action with respect to the Ridgecrest Mine and Gallatin Chemical Works facilities located in the State of Montana. The State of Nevada, through its Division of Environmental Protection ("NV DEP"), is a co-plaintiff and intervenor in this action with respect to the Bonanza Creek Mine facility located in the State of Nevada. The State of West Virginia, through its Department of Environmental Protection ("WV DEP"), is a co-plaintiff and intervenor in this action with respect to the Kanawha Bend Chemical Plant located in the State of West Virginia. Each State has been permitted to intervene in this action by Order of this Court dated March 29, 2024.
3. Recital C. Defendant TMC is a corporation incorporated under the Canada Business Corporations Act, R.S.C. 1985, c. C-44, dual-listed on the Toronto Stock Exchange (TSX: TRC) and the New York Stock Exchange (NYSE: TRC), with its principal corporate offices located at 1800 Bayfield Tower, 401 Bay Street, Toronto, Ontario M5H 2Y4, Canada, and with its U.S. operational headquarters located at 750 Copper Ridge Boulevard, Suite 200, Helena, Montana 59601. TMC, through its direct and indirect subsidiaries, is engaged in the exploration, development, mining, and processing of copper, molybdenum, and gold, as well as the manufacture and sale of specialty mining chemicals and reagents.
4. Recital D. The complaint alleges violations of the CWA, RCRA, and CERCLA at four facilities owned, operated, or formerly operated by one or more of the Defendants in the States of Montana, Nevada, and West Virginia, specifically: (1) the Ridgecrest Copper-Molybdenum Mine, located at 14200 Ridgecrest Mine Road, Drummond, Granite County, Montana 59832 (the "Ridgecrest Site"); (2) the Gallatin Chemical Works, located at 8800 Industrial Park Lane, Belgrade, Gallatin County, Montana 59714 (the "Gallatin Site"); (3) the Bonanza Creek Gold Mine, located at County Road 447, Mile Marker 12, Lander County, Nevada 89820 (the "Bonanza Creek Site"); and (4) the Kanawha Bend Chemical Plant, located at 2200 Chemical Valley Road, Institute, Kanawha County, West Virginia 25112 (the "Kanawha Bend Site"). These four facilities are collectively referred to herein as the "Facilities" or the "Sites."
5. Recital E. Defendants TMC and TM(US) are identified in the complaint as the operators of and/or arrangers for the disposal or treatment of hazardous substances at the Ridgecrest Site and the Bonanza Creek Site. Defendant TSC is identified in the complaint as the owner and operator of the Gallatin Site and the Kanawha Bend Site. Defendant RMH holds real property and mineral rights at the Ridgecrest Site and is identified in the complaint as an owner of the Ridgecrest Site. Defendant BCM holds real property, mineral rights, and water rights at the Bonanza Creek Site and is identified in the complaint as an owner of the Bonanza Creek Site.
6. Recital F. On September 12, 2023, EPA issued a consolidated Notice of Violation to TMC covering all four Sites, identifying alleged violations of the CWA, RCRA, and CERCLA. The complaint in this action was filed on January 18, 2024. Defendants filed their answer to the complaint on March 5, 2024. On April 22, 2024, the parties entered into a Tolling Agreement, filed with the Court on April 23, 2024, tolling the applicable statutes of limitations through December 31, 2025. On May 15, 2024, court-ordered mediation was conducted before the Honorable Magistrate Judge Clara Finnegan. Following mediation and continued negotiations, on July 30, 2024, the parties reached an agreement in principle on the framework for this Consent Decree, which was memorialized in a term sheet executed by all parties on August 12, 2024. Thereafter, the parties engaged in extensive negotiations to finalize the terms set forth herein.
7. Recital G. Defendants do not admit any liability to the United States or to any State arising out of the transactions or occurrences alleged in the complaint, and nothing in this Consent Decree shall be construed as an admission of any fact or liability by any Defendant. Defendants consent to the entry of this Consent Decree for the purpose of resolving the claims alleged in the complaint and to avoid the expense, delay, and uncertainty of further litigation.
8. Recital H. The Parties agree, and the United States and the States have determined, that this Consent Decree is fair, reasonable, and in the public interest, and that the terms and conditions set forth herein are consistent with and will further the objectives of the CWA, RCRA, and CERCLA, including the protection of human health and the environment.
9. Recital I. This Consent Decree has been lodged with this Court for a public comment period of not less than thirty (30) days, in accordance with 28 U.S.C. § 7003(d) and applicable policies of the United States Department of Justice. The United States has reviewed and considered all timely comments received during the public comment period and has determined that entry of this Consent Decree without modification is appropriate. A copy of the public comments received and the United States' responses thereto has been filed with the Court.
II. JURISDICTION AND VENUE
10. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and 1345; Section 309(b) of the Clean Water Act, 33 U.S.C. § 1319(b); Section 3008(a) of the Resource Conservation and Recovery Act, 42 U.S.C. § 6928(a); and Sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9606 and 9607. This Court also has jurisdiction to enter this Consent Decree and to enforce its terms pursuant to 28 U.S.C. § 1345 and the inherent equitable powers of the Court.
11. This Court has personal jurisdiction over each Defendant named herein. Defendants TMC and TM(US) are subject to general and specific personal jurisdiction in this District. Defendants TSC, RMH, and BCM are subject to specific personal jurisdiction in this District by virtue of their contacts with and activities in the State of Montana relating to the claims alleged in the complaint.
12. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c); Section 309(b) of the CWA, 33 U.S.C. § 1319(b); and Section 3008(a) of RCRA, 42 U.S.C. § 6928(a). A substantial part of the events or omissions giving rise to the claims alleged in the complaint occurred in this District, and Defendants TM(US), RMH, and TMC maintain offices and conduct business in this District.
13. Solely for the purposes of this Consent Decree and the underlying complaint, Defendants waive all objections and defenses that they may have to the Court's jurisdiction over the subject matter of this action and over their persons, and to the propriety of venue in this District. Defendants further consent to entry of this Consent Decree without further notice.
14. The complaint states claims upon which relief can be granted against each Defendant under the CWA, RCRA, and CERCLA. For purposes of this Consent Decree, the Parties stipulate that the complaint states valid claims for relief under each of these statutes.
III. PARTIES BOUND
15. This Consent Decree applies to and is binding upon the United States of America; the States of Montana, Nevada, and West Virginia; and the Defendants: Torchlight Mining Corp., Torchlight Mining (U.S.) Inc., Torchlight Specialty Chemicals, Inc., Ridgecrest Mine Holdings, LLC, and Bonanza Creek Mining, LLC, together with their respective successors, assigns, officers, directors, employees, agents, contractors, subcontractors, receivers, trustees, and all persons, firms, and corporations acting under, through, or on behalf of any Defendant.
16. The obligations of the Defendants under this Consent Decree are joint and several. Any performance required of Defendants may be performed by any one or more of the Defendants, and failure of any Defendant to perform any obligation shall not excuse any other Defendant from its obligation to ensure that such performance is completed. The joint and several liability of Defendants under this Paragraph shall not be construed to limit any right of contribution or indemnification that any Defendant may have against any other Defendant under any separate agreement or applicable law.
17. Any change in the ownership or corporate status, form, or structure of any Defendant, including but not limited to any sale, merger, acquisition, dissolution, reorganization, or restructuring, shall not in any way alter the responsibilities or obligations of such Defendant under this Consent Decree. No later than sixty (60) days prior to any proposed transfer of operations or ownership of any Facility, or of any portion of a Facility, or of any assets material to the Defendants' ability to fulfill their obligations under this Decree, Defendants shall provide written notice of such proposed transfer to all Plaintiffs, Co-Plaintiffs, and the Independent Monitor. Such notice shall describe the proposed transfer, identify the proposed transferee, and describe the measures that Defendants will take to ensure that the obligations under this Decree will continue to be met following the proposed transfer.
18. Each undersigned representative of each Party to this Consent Decree certifies that he or she is fully authorized to enter into the terms and conditions of this Consent Decree and to execute and legally bind the Party he or she represents to this document.
IV. DEFINITIONS
19. Unless otherwise expressly provided herein, terms used in this Consent Decree that are defined in the CWA, RCRA, or CERCLA, or in regulations promulgated under those statutes, shall have the meanings assigned to them in those statutes or regulations. The following additional definitions shall apply to this Consent Decree:
a. "Bonanza Creek Site" or "Bonanza Creek Facility" shall mean the Bonanza Creek Gold Mine located at County Road 447, Mile Marker 12, Lander County, Nevada 89820, encompassing approximately 5,600 acres of mine footprint and approximately 12,400 acres of total controlled property, including all open pits, waste-rock dumps, heap-leach pads, solution ponds, processing facilities, ancillary structures, access roads, and associated infrastructure, as depicted on the site map attached as Exhibit 1 to Appendix E.
b. "CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601 et seq.
c. "Consent Decree" or "Decree" shall mean this Consent Decree and all appendices attached hereto and incorporated herein by reference. In the event of a conflict between the body of this Decree and any appendix, the body of this Decree shall control.
d. "CWA" shall mean the Clean Water Act (also known as the Federal Water Pollution Control Act), 33 U.S.C. §§ 1251 et seq., as amended.
e. "Day" shall mean a calendar day unless expressly stated otherwise. In computing any period of time under this Decree, where the last day would fall on a Saturday, Sunday, or federal holiday, the period shall run until the close of business on the next business day.
f. "Defendants" or "Settling Defendants" shall mean Torchlight Mining Corp. ("TMC"), Torchlight Mining (U.S.) Inc. ("TM(US)"), Torchlight Specialty Chemicals, Inc. ("TSC"), Ridgecrest Mine Holdings, LLC ("RMH"), and Bonanza Creek Mining, LLC ("BCM"), collectively and individually as the context requires.
g. "DOJ" shall mean the United States Department of Justice, Environment and Natural Resources Division.
h. "Effective Date" shall mean the date that is thirty (30) calendar days after the date of entry of this Consent Decree by the Court. Based on a target entry date of May 15, 2025, the anticipated Effective Date is June 14, 2025.
i. "EPA" shall mean the United States Environmental Protection Agency and any successor department or agency of the United States.
j. "Facilities" or "Sites" shall mean, collectively, the Ridgecrest Site, the Gallatin Site, the Bonanza Creek Site, and the Kanawha Bend Site, as individually defined herein.
k. "Financial Assurance" shall mean the environmental surety bond and remediation trust fund required to be established and maintained pursuant to Section XVI of this Decree.
l. "Gallatin Site" or "Gallatin Facility" shall mean the Gallatin Chemical Works located at 8800 Industrial Park Lane, Belgrade, Gallatin County, Montana 59714, encompassing approximately 145 acres, including all manufacturing buildings, storage tanks, loading facilities, solid waste management units, wastewater treatment systems, and associated infrastructure.
m. "Independent Monitor" shall mean Verdant Analytics, Inc., or any successor monitor appointed by the Court, serving as the court-appointed independent environmental auditor and monitor pursuant to Section XVIII of this Decree.
n. "Interest" shall mean interest at the rate specified in 28 U.S.C. § 1961 (i.e., the weekly average one-year constant maturity Treasury yield for the calendar week preceding the date on which interest begins to accrue), as calculated on the date of this Decree and as thereafter adjusted on each annual anniversary.
o. "Kanawha Bend Site" or "Kanawha Bend Facility" shall mean the Kanawha Bend Chemical Plant located at 2200 Chemical Valley Road, Institute, Kanawha County, West Virginia 25112, encompassing approximately 78 acres, including all process buildings, acid-regeneration units, storage areas, the former surface impoundment, and associated infrastructure.
p. "Paragraph" shall mean a numbered paragraph of this Consent Decree.
q. "Parties" shall mean the Plaintiffs, the Co-Plaintiffs, and the Defendants, collectively.
r. "Plaintiffs" shall mean the United States of America and the State of Montana.
s. "Co-Plaintiffs" shall mean the State of Nevada and the State of West Virginia.
t. "RCRA" shall mean the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. §§ 6901 et seq.
u. "Remediation Trust" or "Remediation Trust Fund" shall mean the trust fund established pursuant to the Remediation Trust Agreement between Torchlight Mining Corp. and Larchfield Trust Company, N.A. (Trust Agreement No. LTC-REM-2025-1177), as more fully described in Section XVI of this Decree and set forth in Appendix J.
v. "Ridgecrest Site" or "Ridgecrest Facility" shall mean the Ridgecrest Copper-Molybdenum Mine located at 14200 Ridgecrest Mine Road, Drummond, Granite County, Montana 59832, encompassing approximately 3,200 acres of mine footprint and approximately 8,700 acres of total controlled property, including all open pits, waste-rock dumps, tailings impoundments, mill and concentrator facilities, the SX/EW circuit area, ancillary structures, access roads, and associated infrastructure, as depicted on the site map attached as Exhibit 1 to Appendix A.
w. "Section" shall mean a section of this Consent Decree identified by a Roman-numeral heading.
x. "SEP" or "Supplemental Environmental Project" shall mean a project described in Section XIV of this Decree.
y. "State" or "States" shall mean the State of Montana, the State of Nevada, and the State of West Virginia, individually or collectively as the context requires. Each State is referred to herein through its respective environmental regulatory agency: the Montana Department of Environmental Quality ("MT DEQ"); the Nevada Division of Environmental Protection ("NV DEP"); and the West Virginia Department of Environmental Protection ("WV DEP").
z. "Surety Bond" shall mean the environmental surety bond in the amount of $165,000,000 issued by Ironbark Surety of America, Inc. (Bond No. ISA-ENV-2025-08934) pursuant to Section XVI of this Decree and attached as part of Appendix J.
aa. "United States" shall mean the United States of America, acting through the Department of Justice and the Environmental Protection Agency.
bb. "Work Plan" shall mean any remedial action work plan, corrective measures study, scope of work, sampling and monitoring plan, closure plan, interim stabilization work plan, or other plan, study, or deliverable required to be submitted by Defendants under this Decree.
V. STATEMENT OF PURPOSE
20. The express purpose of this Consent Decree is to resolve the civil claims of the United States of America and the States of Montana, Nevada, and West Virginia against the Defendants, as set forth in the complaint filed in this action. This Decree is intended to:
a. Ensure that Defendants perform comprehensive remediation and corrective action at all four Facilities — the Ridgecrest Site, the Gallatin Site, the Bonanza Creek Site, and the Kanawha Bend Site — in a manner that protects human health and the environment and is consistent with the requirements of the CWA, RCRA, and CERCLA;
b. Provide for the payment by Defendants of civil penalties in the total amount of $31,500,000 for violations of the CWA and RCRA, as more fully set forth in Section VI;
c. Require Defendants to reimburse EPA for past response costs totaling $18,100,000 incurred by the United States in connection with response actions at the Ridgecrest Site and the Kanawha Bend Site, pursuant to CERCLA § 107, as more fully set forth in Section VII;
d. Require Defendants to perform Supplemental Environmental Projects with a total value of $12,000,000, benefiting communities affected by Defendants' operations and the environmental violations alleged in the complaint, as more fully set forth in Section XIV;
e. Establish mechanisms for monitoring, reporting, and enforcement to ensure Defendants' compliance with the terms and obligations of this Decree, including the appointment of an Independent Monitor, as set forth in Sections XIII and XVIII; and
f. Provide financial assurance in the aggregate amount of $245,000,000 to guarantee the availability of funds for remediation of the Facilities, as set forth in Section XVI.
21. The Parties intend this Consent Decree to constitute a comprehensive resolution of the civil claims alleged in the complaint. Nothing in this Decree, however, is intended to limit the authority of the United States or any State to take action to protect public health and the environment, or to exercise any authority reserved under applicable law, as set forth in Section XXII.
VI. CIVIL PENALTY
22. Within the time frames specified in Paragraph 24, Defendants shall pay a total civil penalty of $31,500,000 (thirty-one million five hundred thousand dollars) to resolve the civil penalty claims alleged in the complaint for violations of the CWA and RCRA at the Facilities.
23. The civil penalty shall be allocated among the four Facilities as follows:
24. The total civil penalty of $31,500,000 shall be paid in four (4) equal installments of $7,875,000 each, according to the following schedule:
a. First Installment: $7,875,000, due and payable within thirty (30) days of the Effective Date (i.e., on or before July 14, 2025);
b. Second Installment: $7,875,000, due and payable on the date that is twelve (12) months after the Effective Date (i.e., on or before June 14, 2026);
c. Third Installment: $7,875,000, due and payable on the date that is twenty-four (24) months after the Effective Date (i.e., on or before June 14, 2027); and
d. Fourth Installment: $7,875,000, due and payable on the date that is thirty-six (36) months after the Effective Date (i.e., on or before June 14, 2028).
25. All payments of the civil penalty shall be made by electronic funds transfer ("EFT") to the United States Department of Justice account, in accordance with current DOJ and EPA wire-transfer instructions provided to Defendants at least ten (10) days prior to each payment date. Each payment shall reference Civil Action No. 9:24-cv-00087-DWM and DOJ Case Number 90-5-2-1-12387. At the time of each payment, Defendants shall simultaneously transmit written notice of such payment, including the EFT confirmation number, to the DOJ, EPA, and all counsel of record.
26. The allocation of any share of the civil penalty among the Plaintiffs, Co-Plaintiffs, and the United States, including any amounts to be paid to the States of Montana, Nevada, or West Virginia, shall be as separately agreed among those parties and the DOJ, and the responsibility for any such allocation shall not rest with the Defendants. Defendants' sole obligation is to pay the total civil penalty of $31,500,000 in accordance with the schedule set forth in Paragraph 24.
27. In the event that any installment of the civil penalty is not paid when due, Interest shall accrue on the unpaid balance from the date payment was due at the rate established by 28 U.S.C. § 1961, as calculated on the date of this Decree. Such Interest shall be in addition to any stipulated penalties that may accrue under Section XVII.
VII. EPA PAST RESPONSE COSTS REIMBURSEMENT (CERCLA § 107)
28. In addition to the civil penalty set forth in Section VI, Defendants shall reimburse the United States for past response costs incurred by EPA in connection with response actions at the Ridgecrest Site and the Kanawha Bend Site in the total amount of $18,100,000 (eighteen million one hundred thousand dollars).
29. The past response costs reimbursement of $18,100,000 consists of the following components:
a. Ridgecrest Site: $14,300,000 for EPA removal actions conducted at the Ridgecrest Site between January 15, 2021 and May 30, 2023, pursuant to the Administrative Order on Consent, Docket No. CERCLA-08-2022-0039, executed September 15, 2022 (the "Ridgecrest AOC"). These removal actions included emergency measures to address acid mine drainage discharges to Flint Creek, stabilization of the eastern tailings impoundment embankment, and temporary water-treatment operations. The costs have been documented and verified by EPA Region 8 and are set forth in the Cost Summary certified by the EPA Region 8 Comptroller's Office dated August 22, 2024.
b. Kanawha Bend Site: $3,800,000 for EPA emergency response activities conducted at the Kanawha Bend Site in June and July 2020 following the sulfuric acid release on June 14, 2020, in which approximately 22,000 gallons of concentrated sulfuric acid (93% H₂SO₄) were released from a ruptured above-ground storage tank, resulting in a discharge to an unnamed tributary of the Kanawha River. The EPA emergency response included containment, neutralization, soil excavation, surface water sampling, and ecological damage assessment. These costs have been documented and verified by EPA Region 3 and are set forth in the Cost Summary certified by the EPA Region 3 Comptroller's Office dated September 5, 2024.
30. The total past response costs reimbursement of $18,100,000 shall be paid within sixty (60) days of the Effective Date (i.e., on or before August 13, 2025) by electronic funds transfer to the EPA Hazardous Substance Superfund, in accordance with current EPA wire-transfer instructions. Defendants shall transmit written notice of payment, including EFT confirmation, to the DOJ, EPA, and all counsel of record simultaneously with such payment.
31. Interest on the past response costs reimbursement shall accrue from the date of entry of this Consent Decree at the rate established by 26 U.S.C. § 9507(a) or 28 U.S.C. § 1961, as applicable, until the date of payment. In the event that Defendants fail to make timely payment, Interest shall continue to accrue on the unpaid balance, and stipulated penalties shall apply as set forth in Section XVII.
32. By agreeing to reimburse the United States for the past response costs identified in this Section, Defendants expressly reserve no claims for contribution, cost recovery, or indemnification against the United States or any State arising out of or related to these past response costs. This waiver is limited to the specific costs identified in Paragraph 29 and does not extend to claims that Defendants may have against non-parties.
VIII. COMPLIANCE REQUIREMENTS — RIDGECREST SITE
A. Site Description and Violations
33. The Ridgecrest Copper-Molybdenum Mine is an open-pit copper and molybdenum mining operation that has been operational since 1978. Active mining operations at the Ridgecrest Site ceased on December 31, 2019, and the Site is currently in its closure and reclamation phase. The Site has been proposed for listing on the National Priorities List ("NPL") and is currently being addressed under Administrative Order on Consent, Docket No. CERCLA-08-2022-0039, executed September 15, 2022, between EPA Region 8 and TMC.
34. The Ridgecrest Site encompasses approximately 3,200 acres of mine footprint, including the main open pit, three waste-rock dumps totaling approximately 180 million tons of material, a 425-acre tailings impoundment containing approximately 210 million tons of tailings, a mill and concentrator complex, and the solvent extraction/electrowinning ("SX/EW") process area. The total controlled property encompasses approximately 8,700 acres. The Site is situated in the upper Flint Creek watershed, approximately seven miles southwest of the town of Drummond, in Granite County, Montana.
35. The 425-acre tailings impoundment has documented seepage to Flint Creek through the embankment and underlying alluvial materials. The principal contaminants of concern at the Ridgecrest Site include acid mine drainage containing the following dissolved constituents at the concentrations indicated:
• Dissolved copper: average concentration of 47 mg/L, compared to the Montana chronic aquatic life standard of 0.0087 mg/L (hardness-dependent);
• Molybdenum: average concentration of 1.2 mg/L, compared to the EPA recommended water quality criterion of 0.073 mg/L;
• Selenium: average concentration of 0.082 mg/L, compared to the Montana aquatic life standard of 0.005 mg/L; and
• Sulfate: average concentration of 3,400 mg/L, compared to the Montana secondary drinking water standard of 250 mg/L.
36. The complaint alleges the following violations at the Ridgecrest Site:
a. CWA § 301, 33 U.S.C. § 1311 — Unpermitted discharges of pollutants, including acid mine drainage and tailings seepage, from point sources at the Ridgecrest Site to Flint Creek and its tributaries, which are waters of the United States, without authorization under a National Pollutant Discharge Elimination System ("NPDES") permit or Montana Pollutant Discharge Elimination System ("MPDES") permit;
b. RCRA § 3004, 42 U.S.C. § 6924 — Mismanagement of hazardous waste generated from the SX/EW circuit, including spent electrolyte and acid-contaminated sludge, in a manner that does not comply with applicable RCRA Subtitle C requirements; and
c. CERCLA § 107, 42 U.S.C. § 9607 — Liability for reimbursement of past response costs incurred by EPA at the Ridgecrest Site, as set forth in Section VII.
B. Remedial Action Requirements
37. Within one hundred eighty (180) days of the Effective Date (deadline: December 14, 2025), Defendants shall submit a comprehensive Ridgecrest Remedial Action Work Plan ("Ridgecrest Work Plan") to EPA Region 8 and MT DEQ for review and approval. The Ridgecrest Work Plan shall be prepared by qualified environmental engineers and hydrogeologists and shall be consistent with the National Contingency Plan, 40 C.F.R. Part 300, to the extent applicable.
38. The Ridgecrest Work Plan shall address the following remedial components in sufficient detail to enable EPA to evaluate the proposed remedial approach, including engineering design criteria, performance specifications, construction schedules, and cost estimates for each component:
a. Acid Mine Drainage Collection and Treatment: Design and construction of a comprehensive acid mine drainage collection and treatment system capable of capturing and treating all contaminated discharges from the main open pit, waste-rock dumps, and tailings impoundment. The treatment system shall be designed to achieve Montana surface water quality standards for all contaminants of concern prior to discharge to Flint Creek or its tributaries. The Work Plan shall evaluate both active treatment (e.g., lime neutralization, high-density sludge) and passive treatment (e.g., constructed wetlands, biochemical reactors) alternatives and shall recommend the preferred treatment approach with supporting technical justification;
b. Tailings Impoundment Stabilization and Cover System: Design and construction of stabilization measures for the tailings impoundment, including: reinforcement of the embankment to resist seismic loading and static failure; installation of seepage barriers (e.g., slurry walls, grout curtains) to reduce or eliminate seepage of contaminated water through the embankment and foundation; and design and installation of a multi-layer engineered cover system to reduce infiltration and limit generation of acid drainage from the tailings surface;
c. Flint Creek Water Quality Restoration: A plan for the restoration of water quality in Flint Creek downstream of the Ridgecrest Site, including identification of specific water quality targets, interim benchmarks, and monitoring locations. This component shall be coordinated with the Flint Creek Watershed Restoration Supplemental Environmental Project described in Section XIV.A;
d. Soil and Groundwater Remediation in the SX/EW Process Area: Investigation and remediation of soil and groundwater contamination in the approximately 35-acre SX/EW process area, where copper-laden acidic solutions have contaminated shallow soils and the underlying alluvial aquifer. The Work Plan shall include a detailed site investigation, risk assessment, remedial alternatives analysis, and proposed remedy with associated performance standards.
39. EPA Region 8, in coordination with MT DEQ, shall review the Ridgecrest Work Plan and, within ninety (90) days of receipt of a complete submission, shall approve the Work Plan, approve the Work Plan with modifications, or disapprove the Work Plan with a written explanation of deficiencies. If EPA disapproves the Work Plan, Defendants shall resubmit a revised Work Plan within forty-five (45) days of receipt of EPA's written comments, addressing all identified deficiencies.
40. Remedy Construction Commencement: Defendants shall commence construction of the approved remedy at the Ridgecrest Site within twenty-four (24) months of the Effective Date (i.e., on or before June 14, 2027). For purposes of this Paragraph, "commencement of construction" means the mobilization of construction equipment and personnel to the Site and the initiation of physical construction activities consistent with the approved Work Plan.
41. Remediation Duration: The remediation program at the Ridgecrest Site shall extend for a period of thirty (30) years from the date of commencement of remedy construction, through June 14, 2055, or such later date as may be required to achieve all applicable performance standards, whichever is later. During this period, Defendants shall operate and maintain all remedial systems, conduct required monitoring, and perform any necessary corrective actions as specified in the approved Work Plan and Appendices A and B.
42. Negotiated Remediation Cost: The parties have negotiated an estimated total remediation cost for the Ridgecrest Site of $198,600,000 in nominal dollars over the thirty-year remediation period, which represents a net present value of approximately $134,900,000 calculated at a three percent (3%) discount rate. This negotiated figure represents a compromise between Defendants' cost estimate of $187,500,000 and EPA's cost estimate of $224,000,000. The actual cost of remediation may exceed or be less than this estimate, and Defendants' obligation to perform remediation to achieve all applicable performance standards is not limited by this cost estimate.
43. EPA Region 8 has designated Dr. Samuel Tesfaye as the EPA Project Coordinator for the Ridgecrest Site. Dr. Tesfaye shall serve as the primary EPA point of contact for all technical matters relating to the Ridgecrest remediation.
44. The remediation milestones and schedule for the Ridgecrest Site are set forth in Appendix A (Ridgecrest Remediation Milestones). The sampling and monitoring requirements for the Ridgecrest Site are set forth in Appendix B (Ridgecrest Sampling and Monitoring Plan). Both Appendix A and Appendix B are incorporated into this Consent Decree by reference and are enforceable as terms of this Decree.
C. Performance Standards
45. Defendants shall achieve and maintain compliance with the following performance standards at the Ridgecrest Site, within the timeframes specified in the approved Ridgecrest Work Plan and Appendix A:
a. Surface water discharges from the Ridgecrest Site to Flint Creek and its tributaries shall meet Montana surface water quality standards for dissolved copper, molybdenum, selenium, and sulfate, as set forth in the Administrative Rules of Montana, Title 17, Chapter 30, Subchapter 6, and as may be amended during the term of this Decree;
b. The tailings impoundment shall achieve structural stability meeting the standards of the Montana Department of Environmental Quality, Dam Safety Program, and shall achieve seepage control standards as specified in the approved Work Plan, including reduction of seepage to levels that do not cause or contribute to exceedances of surface water quality standards in Flint Creek;
c. Groundwater monitoring at downgradient compliance monitoring wells, as identified in Appendix B, shall demonstrate attainment of applicable maximum contaminant levels ("MCLs") established under the Safe Drinking Water Act, 42 U.S.C. § 300f et seq., or site-specific cleanup levels established in the approved Work Plan, whichever is more stringent, within the timeframes specified in the approved Work Plan.
IX. COMPLIANCE REQUIREMENTS — GALLATIN SITE
A. Site Description and Violations
46. The Gallatin Chemical Works is a specialty chemical manufacturing facility that produces flotation reagents, including sodium xanthate, potassium amyl xanthate, dithiophosphate collectors, and related mining chemicals. The facility has been operational since 1993 and is currently active. The Gallatin Site is a RCRA Corrective Action facility operating under RCRA Permit No. MTD098712456, issued by EPA Region 8 in consultation with MT DEQ.
47. The Gallatin Site encompasses approximately 145 acres and includes three manufacturing buildings, raw material storage areas, finished product warehousing, a wastewater treatment system, and associated infrastructure. Three solid waste management units ("SWMUs") have been identified at the facility during prior RCRA facility assessments: (i) SWMU-1, the former reagent tank farm area; (ii) SWMU-2, the carbon disulfide process area; and (iii) SWMU-3, the former drum storage and rinsing area.
48. The principal contaminants of concern at the Gallatin Site include:
• Carbon disulfide (CS₂) in groundwater, with a maximum detected concentration of 890 µg/L, compared to the federal maximum contaminant level ("MCL") of 10 µg/L, indicating contamination levels approximately 89 times the applicable standard;
• Xanthate decomposition products, including carbon disulfide, carbonyl sulfide, and various sulfur-containing organic compounds in soil and groundwater;
• Volatile organic compounds ("VOCs"), including toluene and xylene, in subsurface soils beneath and downgradient of the former drum storage area (SWMU-3), with toluene concentrations up to 2,400 µg/kg and xylene concentrations up to 1,800 µg/kg.
49. The complaint alleges the following violations at the Gallatin Site:
a. RCRA §§ 3004 and 3005, 42 U.S.C. §§ 6924 and 6925 — Unpermitted storage of hazardous waste in an area not authorized under the facility's RCRA permit, specifically the storage of approximately 45 drums of spent xanthate residues and carbon disulfide still bottoms in the former drum storage area (SWMU-3) without a RCRA permit or interim status authorization; and failure to perform corrective action at the three identified SWMUs, as required by the facility's RCRA permit and the corrective action provisions of 42 U.S.C. § 6924(u);
b. CWA § 301, 33 U.S.C. § 1311 — Fourteen (14) documented exceedances of MPDES permit effluent limits for carbon disulfide and total suspended solids ("TSS") at the facility's permitted outfall (Outfall 001) between January 2021 and June 2024, as documented in Defendants' discharge monitoring reports and EPA inspection reports.
B. Corrective Action Requirements
50. Within twelve (12) months of the Effective Date (deadline: June 14, 2026), Defendants shall submit a comprehensive Corrective Measures Study ("CMS") for the Gallatin Site to EPA Region 8 and MT DEQ for review and approval. The CMS shall be prepared in accordance with EPA's RCRA Corrective Action guidance and shall evaluate remedial alternatives for the following areas and media:
a. Each of the three SWMUs (SWMU-1, SWMU-2, and SWMU-3);
b. The carbon disulfide groundwater plume, including delineation of the plume extent, characterization of source areas, evaluation of natural attenuation, and analysis of active remediation alternatives (e.g., air sparging, soil vapor extraction, in-situ chemical oxidation); and
c. VOC-contaminated soils beneath and downgradient of SWMU-3, including evaluation of excavation, in-situ treatment, and institutional controls.
51. EPA Region 8 shall review the CMS and, within one hundred twenty (120) days of receipt of a complete submission, shall select the corrective measure or combination of corrective measures and issue a Statement of Basis describing the selected remedy, including the rationale for selection and applicable performance standards. The Statement of Basis shall be subject to public comment as required by applicable regulations.
52. Defendants shall commence implementation of the selected corrective measures within six (6) months of EPA's issuance of a final decision document following the public comment period on the Statement of Basis.
53. The estimated total remediation cost for the Gallatin Site is $42,800,000 in nominal dollars over a fifteen-year remediation period, representing a net present value of approximately $34,100,000 calculated at a three percent (3%) discount rate. As with the Ridgecrest Site, this cost estimate does not limit Defendants' obligation to perform remediation to achieve all applicable performance standards.
54. Defendants shall achieve and maintain compliance with all MPDES permit effluent limits at the Gallatin Site within six (6) months of the Effective Date (i.e., on or before December 14, 2025). Any exceedance of any MPDES permit effluent limit at Outfall 001 or any other permitted outfall at the Gallatin Site occurring after December 14, 2025 shall constitute a violation of this Consent Decree, subject to the stipulated penalties set forth in Section XVII, in addition to any other remedies available under the CWA or applicable state law.
55. The corrective action milestones and schedule for the Gallatin Site are set forth in Appendix C (Gallatin Corrective Action Milestones). The sampling and monitoring requirements for the Gallatin Site are set forth in Appendix D (Gallatin Sampling and Monitoring Plan). Both Appendix C and Appendix D are incorporated into this Consent Decree by reference and are enforceable as terms of this Decree.
C. Operational Compliance
56. Within ninety (90) days of the Effective Date (deadline: September 12, 2025), Defendants shall submit a complete application to EPA Region 8 and MT DEQ for a modification to the Gallatin Site's RCRA permit (Permit No. MTD098712456) to address the unpermitted hazardous waste storage unit identified in the complaint. The permit modification application shall comply with the requirements of 40 C.F.R. Part 270 and shall include all information necessary for EPA to evaluate the application, including a waste analysis plan, inspection schedule, contingency plan, and closure plan for the storage unit.
57. Within thirty (30) days of the Effective Date (i.e., on or before July 14, 2025), Defendants shall cease all unpermitted storage of hazardous waste at the Gallatin Site. Defendants shall remove all hazardous waste from the unpermitted storage area and either: (a) properly manage such waste in a unit authorized under the facility's existing RCRA permit; (b) transport such waste to an authorized off-site treatment, storage, or disposal facility; or (c) treat such waste in accordance with a treatment plan approved by EPA. Within ten (10) days of completing removal of all hazardous waste from the unpermitted storage area, Defendants shall provide written certification of such removal to EPA and MT DEQ.
X. COMPLIANCE REQUIREMENTS — BONANZA CREEK SITE
A. Site Description and Violations
58. The Bonanza Creek Gold Mine is an open-pit, heap-leach gold mining operation that has been operational since 2001 and at which active mining is ongoing. The Bonanza Creek Site encompasses approximately 5,600 acres of active mine footprint and approximately 12,400 acres of total controlled property, located in Lander County, Nevada, approximately 25 miles south of the town of Battle Mountain, along County Road 447.
59. The Bonanza Creek Site includes two open pits, three waste-rock dumps, a heap-leach pad complex consisting of three lined leach pads (Pads A, B, and C) with a combined footprint of approximately 420 acres, four solution ponds (the pregnant solution pond, the barren solution pond, the storm-event pond, and the overflow pond), a carbon-in-leach processing plant, and associated infrastructure.
60. The principal contaminants of concern at the Bonanza Creek Site include:
• Weak acid dissociable ("WAD") cyanide at a concentration of 0.62 mg/L in the heap-leach pad underdrain, compared to the applicable discharge limit of 0.022 mg/L;
• Mercury at an average concentration of 12.4 µg/L in heap-leach pad effluent, compared to the Nevada water quality criterion of 0.77 µg/L; and
• Selenium in pit-lake water, with concentrations exceeding applicable aquatic life criteria.
61. The complaint alleges the following violations at the Bonanza Creek Site:
a. CWA § 301, 33 U.S.C. § 1311 — Three documented unpermitted discharges of process solution containing WAD cyanide, mercury, and other pollutants from the Pad B heap-leach pad to an ephemeral tributary of the Reese River via a torn liner, on March 17, 2022; August 9, 2022; and January 22, 2023. The Reese River and its tributaries are waters of the United States. The liner tear in Pad B was identified during a routine inspection on January 24, 2023, and was approximately 18 feet in length along a seam in the high-density polyethylene ("HDPE") liner;
b. RCRA § 3004, 42 U.S.C. § 6924 — Management of spent heap-leach ore as solid waste without proper characterization and without compliance with applicable RCRA Subtitle C requirements for the management of hazardous waste, in that spent ore from the Bonanza Creek heap-leach pads has exhibited the characteristic of toxicity for mercury (D009) upon testing;
c. Migratory Bird Treaty Act, 16 U.S.C. § 703 — Seventeen (17) documented avian mortalities in the Bonanza Creek solution ponds between January 2021 and December 2023, including twelve (12) American coots, three (3) northern shovelers, and two (2) common goldeneyes, resulting from contact with cyanide-bearing process solution.
62. EPA Region 9 has designated Jennifer Whitfield as the EPA Project Coordinator for the Bonanza Creek Site.
B. Remedial Action Requirements
63. Liner Repair and Containment: Within twelve (12) months of the Effective Date (deadline: June 14, 2026), Defendants shall commence liner repair and containment measures at the Bonanza Creek heap-leach pad complex. The scope of the liner repair and containment measures shall include:
a. Identification, mapping, and repair of all liner tears, compromised seams, and other areas of liner degradation across all three leach pads (Pads A, B, and C), using methods and materials consistent with current industry standards for HDPE liner repair;
b. Installation of a secondary containment system beneath the existing primary liner on Pad B, which was the source of the three documented unpermitted discharges. The secondary containment system shall include a leak-detection layer between the primary and secondary liners;
c. Design and construction of an underdrain collection and treatment system to capture any process solution that migrates through the primary liner and to convey such solution to the processing plant for treatment and recycling; and
d. Stormwater management improvements, including upgrades to diversion channels, run-on prevention structures, and the storm-event pond, to prevent commingling of stormwater with process solution and to prevent stormwater-driven overtopping of solution ponds.
64. Within six (6) months of the Effective Date (deadline: December 14, 2025), Defendants shall submit a Bonanza Creek Liner Repair and Containment Work Plan to EPA Region 9 and NV DEP for review and approval. The Work Plan shall include detailed engineering specifications, construction drawings, a quality assurance/quality control plan for liner installation, and a construction schedule with interim milestones.
65. Spent Ore Management: Within ninety (90) days of the Effective Date (deadline: September 12, 2025), Defendants shall submit a comprehensive hazardous waste management plan for spent heap-leach ore to EPA Region 9. The plan shall include: (a) a waste characterization protocol using the Toxicity Characteristic Leaching Procedure ("TCLP") to determine whether spent ore exhibits a hazardous waste characteristic; (b) procedures for managing spent ore that exhibits the toxicity characteristic for mercury (D009) or any other characteristic in compliance with RCRA Subtitle C requirements; and (c) a schedule for implementation. EPA shall review and respond to the plan within sixty (60) days of receipt.
66. Avian Protection: Within sixty (60) days of the Effective Date (deadline: August 13, 2025), Defendants shall install and thereafter continuously maintain bird deterrent systems at all solution ponds at the Bonanza Creek Site. The bird deterrent systems shall include, at a minimum:
a. High-tensile netting over all solution ponds, installed at a height sufficient to prevent avian contact with process solution while allowing for pond operations and maintenance;
b. Radar-activated acoustic and visual hazing devices positioned around the perimeter of each solution pond; and
c. A wildlife monitoring and reporting program, including daily inspections of all solution ponds for evidence of avian or other wildlife contact, with immediate notification to the U.S. Fish and Wildlife Service and NV DEP in the event of any avian mortality.
67. The estimated total remediation cost for the Bonanza Creek Site is $63,200,000 in nominal dollars over a twenty-year remediation period, representing a net present value of approximately $47,100,000 calculated at a three percent (3%) discount rate.
68. The remediation milestones and schedule for the Bonanza Creek Site are set forth in Appendix E (Bonanza Creek Remediation Milestones). The sampling and monitoring requirements for the Bonanza Creek Site are set forth in Appendix F (Bonanza Creek Sampling and Monitoring Plan). Both Appendix E and Appendix F are incorporated into this Consent Decree by reference and are enforceable as terms of this Decree.
C. Performance Standards
69. Defendants shall achieve and maintain compliance with the following performance standards at the Bonanza Creek Site:
a. Zero discharge: No discharge of process solution from any heap-leach pad, solution pond, or process circuit to any surface water, groundwater, or the land surface outside the permitted mine disturbance boundary. Any such discharge shall constitute a violation of this Decree, subject to stipulated penalties under Section XVII;
b. WAD cyanide management: WAD cyanide concentrations in all solution ponds shall be maintained at or below fifty (50) mg/L at all times. Any discharge from the Bonanza Creek Site to the environment shall contain WAD cyanide at or below 0.022 mg/L, consistent with the applicable Nevada water quality standard;
c. Avian protection standard: Zero avian mortalities attributable to contact with process solution in Defendants' solution ponds at the Bonanza Creek Site, as documented through the wildlife monitoring and reporting program required by Paragraph 66(c) and the Sampling and Monitoring Plan (Appendix F). Any avian mortality attributable to contact with process solution shall constitute a violation of this Decree.
XI. COMPLIANCE REQUIREMENTS — KANAWHA BEND SITE
A. Site Description and Violations
70. The Kanawha Bend Chemical Plant is a chemical manufacturing facility that produces leaching agents, sulfuric acid (through acid regeneration), and related mining process chemicals. The facility has been operational since 1985 and is currently active. The Kanawha Bend Site is a RCRA Corrective Action facility operating under RCRA Permit No. WVD048823915, issued by EPA Region 3 in consultation with WV DEP.
71. The Kanawha Bend Site encompasses approximately 78 acres situated along the Kanawha River in the Institute area of Kanawha County, West Virginia, within the region commonly known as the Kanawha Valley chemical corridor. The facility is located in close proximity to residential neighborhoods, schools, and community facilities in the Institute and South Charleston areas.
72. The principal contaminants of concern at the Kanawha Bend Site include:
• Sulfuric acid residuals in soils, with measured pH values as low as 1.8 in the vicinity of the acid-regeneration unit and the former waste lagoon;
• Heavy metals in subsurface soils near the former waste lagoon, including lead at a maximum concentration of 4,200 mg/kg (compared to the EPA Regional Screening Level for residential soil of 400 mg/kg) and arsenic at a maximum concentration of 890 mg/kg (compared to the EPA Regional Screening Level for residential soil of 0.68 mg/kg);
• Dense non-aqueous phase liquid ("DNAPL"), consisting primarily of chlorinated solvents (including trichloroethylene and 1,1,1-trichloroethane), in a fractured bedrock aquifer beneath the Site. The DNAPL plume has been delineated through rock-coring and monitoring-well investigations and extends approximately 1,200 feet downgradient of the suspected source area.
73. The complaint alleges the following violations at the Kanawha Bend Site:
a. RCRA §§ 3004 and 3005, 42 U.S.C. §§ 6924 and 6925 — Failure to properly close the former surface impoundment (the "former waste lagoon") in accordance with RCRA closure requirements, 40 C.F.R. Part 265, Subpart G; and unpermitted treatment of listed hazardous wastes, specifically K062 (spent pickle liquor from steel finishing) and D002 (corrosive waste), without a RCRA permit or interim status authorization;
b. CERCLA § 107, 42 U.S.C. § 9607 — Liability for reimbursement of past response costs of $3,800,000 incurred by EPA in connection with the emergency response to the sulfuric acid release on June 14, 2020, in which approximately 22,000 gallons of concentrated sulfuric acid were released from a ruptured above-ground storage tank, resulting in a discharge to an unnamed tributary of the Kanawha River. The release caused extensive damage to aquatic habitat in approximately 2.3 miles of the tributary and a fish kill affecting an estimated 1,800 individual fish of multiple species.
B. Remedial Action Requirements
74. Interim Stabilization Measures: Defendants shall complete interim stabilization measures at the Kanawha Bend Site within eighteen (18) months of the Effective Date (deadline: December 14, 2026). The interim stabilization measures shall include:
a. Neutralization and capping of sulfuric acid-contaminated soils: Defendants shall excavate, neutralize (through lime addition or equivalent method), and cap all areas of the Site where soil pH is below 4.0, using an engineered cap designed to prevent infiltration and to isolate neutralized soils from direct human contact and surface water runoff;
b. Excavation and off-site disposal of lead/arsenic-contaminated soils: Defendants shall excavate and transport for off-site disposal at a permitted RCRA Subtitle C facility all soils within the former waste lagoon area and surrounding zones that exceed site-specific action levels for lead (1,200 mg/kg) and arsenic (40 mg/kg), as established in the Site investigation report dated October 18, 2023; and
c. Installation of DNAPL recovery wells: Defendants shall install a network of not fewer than six (6) DNAPL recovery wells in the fractured bedrock aquifer, positioned to intercept and recover DNAPL at locations identified through rock-coring and aquifer testing. The recovery wells shall be equipped with dual-pump extraction systems and shall be connected to an on-site treatment system for recovered DNAPL and contaminated groundwater.
75. Within six (6) months of the Effective Date (deadline: December 14, 2025), Defendants shall submit a Kanawha Bend Interim Stabilization Work Plan to EPA Region 3 and WV DEP for review and approval. The Work Plan shall include detailed engineering specifications, waste characterization data, health and safety plans, transportation plans for off-site disposal of contaminated soils, and a construction schedule with interim milestones.
76. Following completion of interim stabilization measures, and within twenty-four (24) months of the Effective Date (deadline: June 14, 2027), Defendants shall submit a RCRA Corrective Measures Study ("CMS") for final remedy selection at the Kanawha Bend Site. The CMS shall evaluate remedial alternatives for all remaining contamination at the Site, including the DNAPL plume in fractured bedrock, residual soil contamination, and any contaminated sediments in the tributary affected by the 2020 sulfuric acid release.
77. Former Surface Impoundment Closure: Within ninety (90) days of the Effective Date (deadline: September 12, 2025), Defendants shall submit a closure plan for the former surface impoundment (former waste lagoon) to EPA Region 3 and WV DEP for review and approval. The closure plan shall comply with the requirements of 40 C.F.R. Part 265, Subpart G, and shall include: (a) a detailed description of the closure method (removal or closure in place); (b) waste characterization data for all materials remaining in the impoundment; (c) an engineering design for the closure; and (d) a post-closure care plan, if the impoundment is to be closed in place.
78. The estimated total remediation cost for the Kanawha Bend Site is $38,900,000 in nominal dollars over a twenty-year remediation period, representing a net present value of approximately $29,000,000 calculated at a three percent (3%) discount rate.
79. The remediation milestones and schedule for the Kanawha Bend Site are set forth in Appendix G (Kanawha Bend Remediation Milestones). The sampling and monitoring requirements for the Kanawha Bend Site are set forth in Appendix H (Kanawha Bend Sampling and Monitoring Plan). Both Appendix G and Appendix H are incorporated into this Consent Decree by reference and are enforceable as terms of this Decree.
XII. AGGREGATE REMEDIATION COST SUMMARY
80. The following table summarizes the estimated total nominal and net-present-value remediation costs for all four Facilities addressed by this Consent Decree:
81. In addition to the remediation costs set forth above, Defendants' total monetary obligations under this Consent Decree include:
82. The remediation cost estimates set forth in this Section XII are estimates only and do not represent a cap on Defendants' remediation obligations. Defendants are obligated to perform remediation at each Facility to the extent necessary to achieve all applicable performance standards, regardless of cost. Remediation cost estimates may be updated in connection with annual financial assurance adjustments conducted pursuant to Section XVI.D.