Extract to table

At Bonanza Creek, TMC holds active mining permits and water appropriation rights that must be preserved, and the remediation obligations must be designed to accommodate ongoing mining operations

Park further requests the addition of a deemed-consent mechanism providing that if EPA does not object to a proposed transfer within sixty days of receiving notice, EPA's consent to the transfer shall be deemed granted

Park notes that TMC's Board of Directors has, as a matter of long-term strategic planning, considered potential asset dispositions that may include one or more of the sites subject to the decree, and the applicability provisions must be structured to permit such transactions to proceed on a commercially reasonable timetable

the penalty must be funded from after-tax dollars, effectively increasing its economic cost to TMC by a factor of approximately 1/(1 – marginal tax rate)

Linford notes that the DOJ Draft's 180-day deadline for submission of the Remedial Action Work Plan is aggressive given the complexity of the remedial investigation/feasibility study ("RI/FS") that must inform the Work Plan, and the need for additional baseline groundwater data from the existing monitoring well network

Linford emphasizes that the Gallatin Chemical Works is an active specialty chemical manufacturing facility and that the remediation work plans must account for ongoing operations