Under an agreement signed last week, the financial burden for evaluating contamination levels in the upper Columbia River, and resulting risks to human health, will shift from U.S. taxpayers to the Canadian zinc producer that long used the river as a waste repository.

The agreement between the U.S. Environmental Protection Agency and Teck Cominco Limited calls for the company to fund and perform an EPA-monitored assessment of heavy metals pollution in the river that runs downstream from Canada into northeast Washington. Studies will also assess the potential risk contaminants pose to people who live and recreate in the area.

There is also concern about the level of contamination absorbed by fish and the risk that poses to people who catch and eat them.

The study is an initial step in deciding whether a clean-up is necessary. The agreement does not establish funding responsibility for any clean-up.

The agreement calls for Teck Cominco to immediately put $20 million in escrow as an assurance that the work will be done. EPA can tap the account if it is determined that the company “has, without good cause, ceased implementation of any portion of the Work, is seriously or repeatedly deficient or late in its performance of the Work, or is implementing the Work in a manner which may cause an endangerment to human health or the environment, or otherwise is in material breach of its obligations under this Agreement.”

In addition to the actual cost of the studies Teck Cominco has agreed to provide $1.1 million per year to fund participation in the process by the state of Washington, the Colville and Spokane tribes and Department of Interior officials. The state and tribes would share $500,000 annually; the department $600,000.

“With this historic agreement, we have moved from opposite sides of the table to sit down together as environmental problem solvers,” said Michael Bogert, EPA’s regional administrator for the Northwest. It is expected to take two to four years to complete the study.

The federal agency, the state of Washington and Colville Tribes have for the past several years been engaged in legal and procedural battles in an effort to involve Teck Cominco, the world’s largest zinc producer, in the environmental assessment of the waters from Grand Coulee Dam north to the Canadian border. The 150-mile strip of river targeted for the study includes Lake Roosevelt.

Eastern Washington’s congressional representative, Rep. Cathy McMorris, hailed the agreement.

“I commend both the EPA and Teck Cominco for working together towards a solution to ensure the health of our river systems,” McMorris said. “This study is the first step towards the ultimate goal of ensuring Lake Roosevelt is clean and protecting Eastern Washington’s resources and recreation lifestyle.”

Current litigation has yet to be resolved.

Over a period of about 100 years, the smelter has discharged an estimated 15 million tons of slag (a black, glassy material containing metals) and liquid effluent directly into the Columbia River. Contaminants found downstream include heavy metals, such as cadmium, copper, lead, mercury and zinc, as well as dioxins and furans.

EPA launched an initial assessment of the area in 1999 and, after reviewing results in 2000 and 2001, decided a more detailed investigation was necessary. Negotiations with the company about its involvement in the future study faltered. In December 2003, EPA issued a legal order to Teck Cominco to complete the study consistent with U.S. Superfund laws. The company chose not to comply.

The Colville Tribe then filed a lawsuit in U.S. District court to force compliance. Washington later joined the lawsuit. Teck Cominco sought to have the lawsuit dismissed but was denied. It appealed that decision to the Ninth Circuit Court of Appeals. Oral arguments were heard in the appeal Dec. 5 but the court has yet to render a decision.

Teck Cominco contends the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act cannot be applied to a Canadian corporation for actions taken by that corporation which occur within Canada. Superfund investigations and cleanups of contamination are stipulated in the act.

Teck Cominco late last week notified the Ninth Circuit of the agreement, which stipulates that EPA will immediately withdraw its legal order. The Teck Cominco letter says that it will on Friday file briefs with the court spelling out the company’s desires.

The fact that EPA’s “unilateral administrative order” has been withdrawn does not, however, render the lawsuit moot, according to Alex Smith, a Washington assistant attorney general. The company asked the appellate court to decide whether the U.S. Superfund law applies to a foreign company. If the court says yes, the litigants would return to U.S. District Court to debate the merits of the tribes’ and Washington’s claims, she said.

The Colville Tribes and Washington had asked the district court to require compliance with the EPA order, but also wanted Teck Cominco to shoulder financial responsibility for the studies, for any clean-up and for damage to resources — a restoration of environmental and biological conditions adversely affected by the contamination.

“Those claims remain alive,” Smith said.

The agreement calls for Teck Cominco to assess the environmental contamination caused by the company’s smelter operations in Trail, British Columbia, just 10 miles north of the U.S. border in northeast Washington state. This Upper Columbia basin is a National Recreation Area visited by more than 1.5 million people annually. The multi-year study will assess risks from contamination to both people and the environment

Teck Cominco is to produce a work plan within 150 days of the June 2 signing of the agreement. Then it is to take over a process begun three years ago by EPA. The agency estimates it has spend $5 million to-date, organizing the work and hiring contractors to collect and analyze soil and fish tissue samples.

“We will provide the data we’ve gathered to Teck Cominco,” said Sally Thomas, EPA’s Superfund project manager.

Teck Cominco said it too is ready to move ahead.

“Teck Cominco has a long standing commitment to protect the environment as a responsible corporate citizen,” said Doug Horswill, senior vice president, Environment and Corporate Affairs for Teck Cominco Limited. “From day one Teck Cominco has voluntarily sought a cooperative arrangement with US authorities to address the public’s concerns surrounding Lake Roosevelt. This agreement is a great step forward in allowing us to fulfill our commitment.”

Washington environmental officials responded cautiously to the announcement of the agreement.

“It is unfortunate that it took a lawsuit to get Cominco to step up to its responsibility to clean up Lake Roosevelt,” said Jay Manning, director of the Washington Department of Ecology. “Our goal has been, and will remain, protecting our citizens and our environment. If Cominco complies with the agreement announced today, we will advance the cleanup and our goal of protecting our citizens.”

The agreement can be found at http://www.epa.gov/newsroom/pdf/teckcominco.pdf

Further information can be found at www.teckcominco.com.