EPA, Utah agree to resolve Gold King Mine claims

August 13, 2020

The U.S. Environmental Protection Agency and the state of Utah announced on August 5 an agreement resolving the state’s legal claims associated with the Gold King Mine toxic water spill, which occurred on August 5, 2015, in southwest Colorado.

Pursuant to the agreement, Utah will dismiss its legal claims against the EPA, the United States, and EPA’s contractors, and the EPA will strengthen Utah’s involvement in the agency’s work to address contamination at the Bonita Peak Mining District Superfund Site, which includes the Gold King Mine and other abandoned mines.

EPA is also going to continue to partner with Utah on other environmental priorities, including the assessment of abandoned mine sites in Utah that may be impacting its waters as well as other projects to improve Utah’s water quality.

“Today, we settled a case with Utah stemming from the Gold King Mine incident,” EPA Administrator Andrew Wheeler said. “This agreement is a win-win for EPA and Utah. It will bring environmental benefits to Utah, avoid protracted litigation, and hopefully serve as a lesson for the future to avoid repeating the mistakes of the past.”

As part of the agreement, the EPA will act on the Utah Department of Environmental Quality’s application for $3 million in Clean Water Act funds for various projects, including the development of water quality criteria for Utah Lake, septic density studies, nonpoint source pollution reduction projects, and nutrient management plans for agricultural sources. EPA will also initiate Superfund assessments of several abandoned mine sites in Utah by the end of calendar year 2021.

“(The) EPA greatly appreciates Utah’s efforts to resolve these claims and identify opportunities to work together to improve water quality,” EPA Regional Administrator Gregory Sopkin said. “We are committed to continuing to work with the state to address the root causes of water quality impairments in Utah, including abandoned mines. The projects and activities in this agreement will result in improvements to Utah’s waters and the benefits they provide residents and visitors.”