[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: 94-13428]


[[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 CFR 50.7, notice is 
hereby given that a proposed consent decree in United States v. Apache 
Energy & Minerals Co., et al., Civil Action No. 86-C-1675, concerning 
the California Gulch Superfund Site in and near Leadville, Colorado 
(the ``Site'') was lodged on May 16, 1994 with the United States 
District Court for the District of Colorado. The proposed consent 
decree is between the United States and the State of Colorado, as 
plaintiffs and counter-defendants (collectively the ``governments''), 
and defendants and counter-plaintiffs ASARCO Incorporated (``ASARCO''), 
Resurrection Mining Company (``Resurrection''), Newmont Mining 
Corporation (``Newmont''), and the Res-ASARCO Joint Venture (``Res-
ASARCO'') (collectively the ``Settling Defendants'').
    The decree provides for the reimbursement of the response costs 
incurred by the United States between February, 1991 and July, 1993, 
and the response costs incurred by the State of Colorado between 
February 1992 and July, 1993, from Res-ASARCO in the combined amount of 
$7.6 million (the claims against the Settling Defendants for the 
governments' response costs prior to these time periods having been 
previously addressed in a prior partial consent decree), and the 
reimbursement of the governments' future response costs incurred at the 
Site after July, 1993 from ASARCO and Resurrection in proportion to 
their assigned ``work areas'' under the decree. The decree establishes 
a process by which ASARCO and Resurrection will perform and pay for the 
clean-up of assigned ``work areas'' within the Site which are defined 
in the decree. In exchange for their commitments under the decree, the 
Settling Defendants are released from any alleged liability at those 
portions of the Site outside their respective ``work areas,'' subject 
to specific exclusions from the decree which are reserved for 
resolution at a later date.
    The decree also resolves the counterclaims of the Settling 
Defendants against the governments, and the alleged liability of the 
United States and the State at the Site, subject to the same exclusions 
applicable to the Settling Defendants (plus one additional exclusion 
applicable to the United States), on a cash basis. Under the terms of 
the decree, the United States will pay $6.1 million to ASARCO from the 
Judgment Fund plus an additional amount, not to exceed $4.05 million, 
equal to 15% of ASARCO's costs of implementing certain work under the 
decree if ASARCO's costs exceed $23 million. The State of Colorado will 
pay ASARCO a lump sum payment of $271,250.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
U.S. Department of Justice, Washington, DC 20530, and should refer to 
United States v. Apache Energy & Minerals Co., 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, 633 17th Street, 
suite 1600, Denver, Colorado 80202 or at the Region VIII office of the 
Environmental Protection Agency, 999 18th Street, Denver, Colorado, 
80202. 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 (including attachments), please refer to the referenced case and 
enclose a check in the amount of $76.00 (25 cents per page reproduction 
costs), payable to the ``Consent Decree Library''. If the attachments 
are not required, please so specify and enclose a check in the amount 
of $33.50 (25 cents per page reproduction costs).
John C. Cruden,
Chief, Environmental Enforcement Section, Environment & Natural 
Resources Division.
[FR Doc. 94-13428 Filed 6-1-94; 8:45 am]
BILLING CODE 4410-01-M