There will be no fine. The 1980 SuperFund law (Comprehensive and Liability Act) says that the EPA has immunity from the trial bar whenever they are negligent.
  I spend part of each year in one of the affected states. In addition to being pissed at the backhoe operator who breached the tailings dam, anger is compounded by the fact that the EPA waited 24 hrs before notifying the states to what had happened. Local officials found out when the plume of chrome orange colored water showed up. They are also being accused of downplaying the amount of waste sent into the creek that feeds into the Animas River, however it may well be that they simply didn't realize how bad it was for some amount of time.
  It is, and will likely continue to devastate the communities along both the Animas and San Juan Rivers. They are heavily dependent on tourism. The San Juan has a stretch known as "the quality waters" which are world renowned for fly-fishing. There is not much that is more toxic than mine tailings. These were heavily laced with lead, arsenic, mercury, cadmium and other heavy metals. It will be awhile before the rivers recover.
   Really and truly a huge unfortunate fuck-up.   Regards.......RR