The Town of Rico, Colorado, a historic mining town located next to the Dolores River in Dolores County, recently reached a landmark agreement with Atlantic Richfield Company to implement an innovative and multi-faceted lead mitigation program.  Rico, Atlantic Richfield, and the Colorado Department of Public Health and Environment (CDPHE) worked closely together for many years to develop the Rico Voluntary Cleanup and Redevelopment Program (VCUP), which will remediate elevated levels of lead in Rico’s soil, which are present throughout the town.  Kaplan Kirsch attorneys Tom Bloomfield and Samantha Caravello represented Rico in the negotiation and development of the Rico VCUP .

Under the Rico VCUP, Atlantic Richfield will remediate developed properties and provide funding and technical support for the remediation of roads and undeveloped properties as those properties are developed.  This site-specific approach will protect public health while allowing Rico and property owners to retain control over the remediation process and minimizing disturbance to the town’s natural beauty.  CDPHE will provide oversight throughout program implementation.

Additionally, Rico adopted a land use ordinance that will apply to digging and excavation activities on properties in the town and will require steps to maintain remediation once performed. Both Rico and CDPHE will have the power to enforce the land use ordinance pursuant to an intergovernmental agreement. This approach avoids the need for deed restrictions for individual properties. 

Kaplan Kirsch is proud to have assisted Rico in obtaining this significant benefit for the community.

Read more: Oil company agrees to clean up historic lead contamination in settlement with small Colorado mining town | Colorado Sun | October 31, 2024