DEQ will Reclaim Illegal Disturbances at Former Zortman-Landusky Mine
HELENA— Last week a court ruled in favor of the Montana Department of Environmental Quality’s (DEQ) action to stop a private property owner from interfering with the agency’s effort to clean up illegal excavation at the site of the former Zortman-Landusky mine. The disturbances made by the property owner impact the reclamation completed by DEQ and the Bureau of Land Management (BLM) during remediation efforts at the mine after Pegasus declared bankruptcy in 1999.
The disturbances were not authorized by DEQ and six of the eight disturbances require immediate reclamation to avoid risking damage to the groundwater and the water treatment facilities that treat acid mine drainage from the site. Following the Pegasus bankruptcy, the former gold mine needed extensive reclamation and requires continuous water treatment to neutralize acidic water and remove metals from local streams. The entire area where mining occurred is now covered by BLM’s authorities and responsibilities under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which authorizes BLM and DEQ to assume remediation responsibilities. All eight of the disturbances are within this area.
“While DEQ needs to remediate the site, we had hoped it could be resolved through a reclamation plan with the property owner,” said DEQ Mining Bureau Chief Dan Walsh. “Unfortunately, we were not able to resolve it directly with the property owner and had to seek a preliminary injunction. We are looking forward to reclaiming the land and protecting the remedy that is in place at the site.”
After attempts to work with the property owner failed, DEQ filed a motion on July 6 for a preliminary injunction to restrain the landowner from interfering with DEQ’s statutory right to enter private property at the former Zortman-Landusky mine and reclaim six of the eight disturbances made by the property owner. Late last week the court ruled in favor of DEQ, allowing the agency to enter the property and start reclamation after September 17, 2023.
DEQ also filed a complaint for penalties and permanent injunctive relief in April of 2023 against the property owner and another party for violations of the Metal Mine Reclamation Act. In the complaint, DEQ seeks to hold the parties accountable for illegal mining and exploration through payment of financial penalties and assurances that no further unpermitted activity will take place. Earth Justice representing conservation groups and the Tribes moved to intervene on July 3. A hearing date has not been set for the case.
Tags: Press Release and mining