The Smuggler Mountain Superfund site on the western side of Smuggler Mountain was covered in mining waste and placed on the U.S Environmental Protection Agency's (EPA) National Priorities List for cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act in 1986.
In the following years, the EPA, local officials, and Aspen residents finalized a plan for remediation of the site. The site was deleted from the National Priorities List in 1999.
Local regulation requires anyone engaged in activities that would excavate or expose greater than one cubic yard of soil to obtain a Dirt Moving Permit prior to commencing work. Recipients of this permit, and any other person engaged in development on the site, are required to follow certain procedures with respect to excavation, dust suppression, and removal of contaminated material.
Landscaping, as well as vegetable and flower gardening, must also be conducted in accordance with these requirements. All areas within the site must be maintained with a permanent vegetative or hard surface cover, and in a manner designed to minimize erosion.