[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Notices]
[Page 1802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-186]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental; Blackbird Mining Response, Co. et al., Compensation, and 
Liability Act

    Consistent with Department of Justice policy, 28 CFR 50.7, notice 
is hereby given that on December 22, 1994, a proposed consent decree in 
United States v. Blackbird Mining Co., et al. and State of Idaho, et 
al. v. The M.A. Hanna Company, Consolidated Case No. 83-4179 (D. 
Idaho), was lodged with the United States District Court for the 
District of Idaho. The consent decree resolves claims against the Union 
Carbide Corporation, one of several defendants named in this action, 
brought under Sections 106 and 107 of the Comprehensive Environmental 
Response, Compensation and Liability Act, as amended (``CERCLA''), 42 
U.S.C. 9606 and 9607, to accomplish the clean up of the contamination, 
and restoration of the natural resources, at the Blackbird Mine in 
central Idaho and for the recovery of past and future response costs. 
The United States' claims were filed in June 1993 against the past and 
current owners and operators of the mine on behalf of the United States 
Forest Service and United States National Oceanic and Atmospheric 
Administration acting as natural resource trustees and on behalf of the 
EPA. The United States case was consolidated with a case filed by the 
State of Idaho in 1983 against most of the same parties.
    This settlement is with Union Carbide, a successor to the Haynes-
Stellite Company, which mined a very small amount of copper and cobalt 
at the Site for a brief period during World War I. With the exception 
of Union Carbide, all the named defendants either conducted mining 
activities during the later years of production or are the current 
owners. The area of the Site impacted by the Haynes-Stellite Company is 
distinct and separated geographically from the main mine workings of 
concern. The total waste contributed to the Site from the Haynes 
Stellite Company is minimal. The proposed consent decree resolves the 
United States' and Idaho's claims only against Union Carbide and has no 
effect on the claims against any of the other defendants, or any 
counterclaims or cross-claims against any of the other parties. 
Pursuant to the proposed consent decree, Union Carbide Corporation will 
pay $250,000 to the Plaintiff Governments in return for dismissal from 
the action and contribution protection.
    The Department of Justice will receive comments relating to the 
proposed consent decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, 
D.C. 20044, and refer to United States v. Blackbird Mining Co., et al. 
and State of Idaho, et al. v. The M.A. Hanna Company, DOJ number 90-11-
2-816.
     Copies of the proposed consent decree may be examined at the 
Office of the Attorney General, Chief Natural Resources Division, 700 
W. Jefferson, Suite 210, Boise, Idaho; Office of the United States 
Attorney, 877 W. Main Street, Suite 201, Boise, Idaho; and the Consent 
Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, 
(202) 624-0892. A copy of the proposed consent decree may be obtained 
by mail or in person from the Consent Decree Library. When requesting a 
copy of the consent decree, please enclose a check in the amount of 
$4.25 (25 cents per page reproduction costs) payable to the ``Consent 
Decree Library''. When requesting a copy please refer to United States 
v. Blackbird Mining Co., et al. and State of Idaho, et al. v. The M.A. 
Hanna Company, Consolidated Case No. 83-4179 (D. Idaho), DOJ Case 
number 90-11-2-816.
Bruce Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-186 Filed 1-4-95; 8:45 am]
BILLING CODE 4410-01-M