[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Notices]
[Page 13451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6049]



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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

    In accordance with Department policy notice is hereby given that on 
February 10, 1995, a proposed Partial Consent Decree 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. 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. Sec. 9601 et 
seq., against several parties who are owners or operators of facilities 
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 involves the MAXXAM, Inc. and 
Top of Aspen, Inc. (``MAXXAM''). This decree settles claims brought by 
the United States against MAXXAM under Section 107(a) of CERCLA, 42 
U.S.C. Sec. 9607(a), and provides the MAXXAM 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. Secs. 9606 and 9607(a), and Section 
7003 of RCRA, 42 U.S.C. Sec. 6973 as well as a limited covenant for 
natural resource damages on Operable Unit 1 of the Site. In return, 
MAXXAM will reimburse the United States $1,700,000,00 for response 
costs incurred in connection with the Site. Finally, the decree 
resolves potential counterclaims by MAXXAM 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 entry of this publication comments relating to 
the proposed Partial Consent Decree. Comments should be addressed to 
the Assistant Attorney General of the Environment and Natural Resources 
Division, Department of Justice, P.O. Box 7611, Ben Franklin Station, 
Washington, D.C. 20044, and should refer to United States v. Smuggler-
Durant Mining Corporation, et al., DOJ Ref. No. 90-11-2-174.
    The proposed Consent Decree may be examined at the Region VIII 
Office of the Environmental Protection Agency, 999 18th Street, Suite 
500, Denver, Colorado 80202; and at the Consent Decree Library, 1120 G 
Street, N.W., 4th Floor, Washington, DC 20005, 202-624-0892. Copies of 
the proposed Consent Decrees may be obtained in person or by mail from 
the Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, 
D.C. 20005. In requesting a copy, please refer to the referenced case 
and enclose a check in the amount of $8.25 (25 cents per page 
reproduction costs), payable to the Consent Decree Library.
Joel M. Gross,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-6049 Filed 3-10-95; 8:45 am]
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