In an order involving the Milltown hydroelectric project, located on the Clark Fork river in Montana, the Commission said that because the project is located on a Superfund site, EPA now has effective regulatory control over all aspects of the project. EPA will move forward with removal of the dam as part of its approved plan to remediate the project site.

In anticipation of project dismantling, FERC will issue a notice of intent to accept surrender of the license. A 30-day comment period will be established for parties to comment on the surrender.

EPA designated the entire Milltown project a Superfund site in 1983 under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. The project reservoir is contaminated by approximately 6.6 million cubic yards of silt laden with arsenic, copper, zinc, and other heavy metals, from closed mines upstream in the area of Butte, Montana.

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