[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30825]


[[Page Unknown]]

[Federal Register: December 16, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF JUSTICE
 

Notice of Lodging of Partial Consent Decree for Claims Under 
Section 107(a) of the Comprehensive Environmental Response, 
Compensation and Liability Act

    Notice is hereby given that on October 31, 1994, a proposed partial 
Consent Decree between the United States and the Board of County 
Commissioners for Pitkin County (``County'') in United States v. 
Smuggler-Durant, Mining Corporation, et al., Civil Action No. 89-C-
1802, was lodged with the United States District Court for the District 
of Colorado on October 31, 1994. The Complaint in this case was brought 
under Section 107(a) of the Comprehensive Environmental Response, 
Compensation and Liability Act of 1980, as amended (``CERCLA''), 42 
U.S.C. 9601 et al., against several parties who are owners or operators 
of a facility at which hazardous substances are being released into the 
environment, or who owned or operated facilities at a time when 
hazardous substances were disposed of there. The United States' 
Complaint sought recovery of costs incurred and to be incurred by the 
United States in connection with the clean up of hazardous substances 
at the Smuggler Mountain Superfund Site (``Site'') in and adjacent to 
the City of Aspen, Colorado.
    The proposed partial Consent Decree settles claims brought by the 
United States against the County under Section 107(a) of CERCLA, 42 
U.S.C. 9607(a), and provides the County a covenant not to sue for past 
and future response costs or response actions under Sections 106 and 
107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and Section 7003 of RCRA, 
42 U.S.C. 6973 as well as a limited covenant for natural resource 
damages on Operable Unit 1 of the Site. In return, the County has 
adopted and, within its jurisdiction will enforce, institutional 
controls which are designed to minimize the potential for human 
exposure to hazardous substances at the Site. Further, the County will 
perform remediation at specific locations on site which will result in 
the removal or capping in place of contaminated soils. Finally, the 
decree resolves potential counterclaims by the County against the 
United States for any activities conducted on-Site by any 
instrumentality of the United States.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Partial Consent Decree. Comments should be addressed to the 
Assistant Attorney General for the Environment and Natural Resources 
Division, Department of Justice, P.O. Box 7611, Washington, DC 20044, 
and should refer to United States v. Smuggler-Durant Mining 
Corporation, et al., DOJ Ref. #90-11-2-174.
    The proposed Partial Consent Decree may be examined at the 
Environment and Natural Resources Division, Department of Justice Field 
Office, Suite 945, 999 18th Street--North Tower; and at the Region VIII 
Office of the Environmental Protection Agency, 999 18th Street, Suite 
500, Denver, CO80202. A copy of the proposed Partial Consent Decree may 
also be examined at or obtained by mail from the Consent Decree 
Library, 1120 G Street, N.W., 4th Floor, Washington, DC 20005. In 
requesting a copy, please refer to the referenced case and enclose a 
check in the amount of $24.25 payable to the Consent Decree Library.
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 94-30825 Filed 12-15-94; 8:45 am]
BILLING CODE 4410-01-M