Arizona Attorney General Terry Goddard 2010 Annual Report

Public Advocacy Division (continued)
increase in its statewide
advises, represents and litigates
Asarco which provide more
E ES successfully defended
• State v. Far West Water And
compliance rate, marking the
on behalf of the Arizona Depart-
than $25 million to address
the settlement agreements
Sewer Co., Inc. and De-
highest compliance rate since
ment of Environmental Quality
environmental damage from
against the objections of
fendant H & S Developers,
the program’s inception in
(ADEQ) for various programs,
several now-closed Asarco
Asarco’s parent company
Inc.: After years of public
2001.
including water quality, safe
mines in Arizona; $13 million
and other creditors in court.
complaints and noncompli-
drinking water, hazardous
to clean up the contamination
In his decision upholding
ance of water and air quality
Environmental
Enforcement Section
(EES) Highlights
waste and solid waste as well
as waste management practices.
The Tanks and Air Unit
in local residential neighborhoods
resulting from contamination
from the Hayden
the settlements, Bankruptcy
Judge Richard S. Schmidt
stated, “The settlement
control requirements at the
seven Far West Water And
Sewer Co., Inc. (“Far West”)
Mission
To provide the highest quality
legal advice and representation
to client agencies for the
fair enforcement of civil environmental
law and civil natural
resources law.
advises, represents and litigates
on behalf of ADEQ’s air
and underground storage tank
programs. The Superfund Programs
Unit advises, represents,
and litigates on behalf of ADEQ
involving matters arising under
Superfund laws.
Smelter, with additional work
to be done at the facility
property; and $4 million for
construction and maintenance
of wetlands and other
improvements on the San Pedro,
plus the transfer of three
ASARCO-owned tracts of land
agreements represent a
significant milestone in the
nearly four-year history of
this enormously complex
bankruptcy case and in the
history of governmental efforts
to remedy environmental
injuries.” On December 9,
wastewater treatment plants,
EES, on behalf of the Arizona
Department of Environmental
Quality, filed a 50-count
complaint against Far West
and a related corporation, H &
S Developers, Inc. Far West,
the current owner and opera-
Overview
The Section provides advice,
enforcement and representation
activities related to state
and federal environmental and
natural resources law. The
Section is divided into three
components. The Civil Unit
Major Accomplishments
• Asarco Bankruptcy: In
2005, the section filed claims
in the Bankruptcy Court
for environmental liabilities
stemming from Asarco’s
copper mine operations and
related activities in Arizona.
to the Arizona Game and Fish
Commission (one tract has
water rights) consisting of
approximately 1000 acres on
the Lower San Pedro River to
benefit wildlife (total value of
$7-$8-5 million).
2009, Asarco’s parent company
consummated its plan
to reorganize Asarco, and
paid 100 percent of Arizona’s
claims plus interest. Without
the settlements, costs for
remediation of the sites would
have fallen to the state.
tor of the seven treatment
plants, which serve 6,500
households, constructed and
operated the plants without
obtaining permits, provided
reclaimed water for reuse
without authorization, discharged
wastewater in violation
of the Aquifer Protection
We reached settlements with
Permit Program, and failed
Arizona Attorney General Terry Goddard • 2010 Annual Report
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