Oklahoma, Asarco Reach Tar Creek Agreement

10/31/2007 -- A settlement pending approval before a federal bankruptcy court will direct almost $65 million to agencies involved in restoration efforts at the Tar Creek Superfund Site, Oklahoma Attorney General Drew Edmondson and Oklahoma Secretary of the Environment Miles Tolbert announced today.

The pending agreement settles Oklahoma’s claims against mining company Asarco LLC which formerly operated in the Tar Creek area. The agreement also settles claims filed by the states of Missouri and Kansas as well as claims filed by the federal government through the Environmental Protection Agency (EPA), Department of Interior (DOI) and Bureau of Indian Affairs (BIA).

“Oklahoma will receive $7.5 million which the Department of Environmental Quality and Secretary of the Environment will utilize for the reimbursement of response costs and for natural resource damages,” Edmondson said. “EPA and BIA will receive a combined $33 million for the recovery of response costs, and $24,225,000 for restoration activities is directed to a natural resource trustee council consisting of state, DOI and tribal representatives.”

Valued at $91 million, the settlement specifically directs the breakdown of the funds between the claimants and how the monies are to be used.

“The EPA and BIA monies are directed to a site-specific account to be used to conduct or finance response actions at or in connection with Tar Creek,” Tolbert said. “The trustee council money is directed to a site-specific DOI account to be used for restoration at or in connection with the Tar Creek area.”

Edmondson and Tolbert said Asarco was a major operator in the tri-state mining area, and resolving the state’s claims against the company is an important development in the ongoing efforts to clean up the area.

“Although the needs at Tar Creek continue to far exceed available funds,” stated Tolbert, “the funds from this settlement will provide a much needed shot-in-the-arm for our most pressing public safety and environmental concerns at the nation’s highest ranking Superfund Site.”

“The Tar Creek site is a major blight on our state’s landscape,” Edmondson said. “This settlement will provide much-needed funds and move us closer to righting a wrong that dates back decades.”

“DEQ is grateful for the excellent work done by Attorney General Edmondson and Secretary Tolbert who lead the settlement of this issue,” said DEQ Executive Director Steve Thompson. “The settlement provides an opportunity to continue much needed work in the Tar Creek area.”

In addition to Tar Creek, the pending agreement includes the Cherokee County Superfund Site in Kansas and two locations in Missouri, the Newton County Mine Tailings Superfund Site and the Oronogo-Duenweg Lead Mining Belt Superfund Site.

The settlement is pending before the U.S. Bankruptcy Court for the Southern District of Texas in Corpus Christi. A hearing is scheduled for Nov. 13 for the court to consider any objections to the settlement. Final settlement figures will depend on the assets available to satisfy claims against the company.

Source: Oklahoma Attorney General

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