[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13426]


[[Page Unknown]]

[Federal Register: June 2, 1994]


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DEPARTMENT OF JUSTICE
 

Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act (``CERCLA'')

    In accordance with Departmental policy, 28 U.S.C. 50.7, and section 
122(d), (g), and (i) of the Comprehensive Environmental Response, 
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622 (d), (g), 
and (i), notice is hereby given that on May 6, 1994, a proposed partial 
consent decree in United States v. Apache Energy & Mineral Company, et 
al., Civil Action No. 86-C-1675 (consolidated with Civil Action No. 83-
C-2388), was lodged with the United States District Court for the 
District of Colorado.
    The proposed consent decree between the United States and Hecla 
Mining Company (``Hecla'') is a cash-out settlement pursuant to 
Sections 104 and 107 of CERCLA, 42 U.S.C. 9604 and 9607. The proposed 
partial consent decree resolves Hecla's alleged liability for the 
generation and disposal of the Malta Gulch Tailings into the Malta 
Gulch Tailings Impoundments portion of the California Gulch Superfund 
Site (``Site''). The proposed consent decree also settles any remaining 
CERCLA liability Hecla may have at the Site as a result of the impacts 
of releases of the Malta Gulch Tailings, except liability for natural 
resource damages.
    The proposed consent decree also settles the alleged liability of 
the United States for disposal of mill tailings containing hazardous 
substances at the Malta Gulch Tailings Impoundments portion of the 
Site.
    Under the terms of the proposed partial consent decree, within 30 
days of the effective date of the decree Hecla will pay $516,000 and 
the United States will pay $100,000 to reimburse the Hazardous 
Substance Superfund. The United States will pay an additional $72,000 
plus interest to the Superfund within 1 year of the effective date of 
the decree. The decree provides that, subject to certain reservations, 
the United States covenants not to sue or take any other civil or 
administrative action against Hecla pursuant to Sections 106 and 107 of 
CERCLA, 42 U.S.C. 9606 and 9607, and Section 7003 of RCRA, 42 U.S.C. 
6973. The Environmental Protection Agency (``EPA'') also covenants not 
to take administrative action against the United States under these 
same statutes and sections.
    The Department of Justice will receive comments relating to the 
proposed consent decree between the United States and Hecla for a 
period of thirty (30) days from the date of this publication. Comments 
should be submitted to the Assistant Attorney General, Environment & 
Natural Resources Division, U.S. Department of Justice, Washington, DC 
20530 and should refer to United States v. Apache Energy & Mineral 
Company, et al., DOJ Ref. 90-11-3-138.
    Copies of the proposed consent decree may be examined at the Office 
of the United States Attorney, District of Colorado, 1961 Stout Street, 
suite 1200, Denver, Colorado or at the EPA Superfund Records Center, 
999 18th Street, 5th floor, South Tower, Denver, Colorado between 8:30 
a.m. and 4:30 p.m. A copy may also be obtained in person or by mail 
from the Consent Decree Library, 1120 G Street, NW., 4th floor, 
Washington, DC 20005 (202-624-0892). When requesting a copy of the 
proposed consent decree, please refer to the referenced case and 
enclose a check in the amount of $9.75 (25 cents per page reproduction 
costs), payable to the ``Consent Decree Library''.
John C. Cruden,
Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 94-13426 Filed 6-1-94; 8:45 am]
BILLING CODE 4410-01-M