[Federal Register Volume 60, Number 124 (Wednesday, June 28, 1995)]
[Notices]
[Page 33430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15778]



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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 and 28 CFR 50.7, notice is 
hereby given that on June 15, 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 
of 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. 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 Smuggler Durant 
Mining Corporation (``SDMC''). This decree settles claims brought by 
the United States against SDMC under Section 107(a) of CERCLA, 42 
U.S.C. 9607(a), and provides SDMC a convenant 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, regarding Operable Unit 1 of the Site. The proposed 
partial consent decree dismissed without prejudice the claims of the 
United States against SDMC regarding Operable Unit 2 of the Site. In 
return, SDMC will reimburse the United States $400,000 for response 
costs incurred in connection with the Site. Finally, the decree 
resolves potential counterclaims by SDMC 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, DC 20044, and should refer to United States v. Smuggler-
Durant Mining Corporation, et al., DOJ Ref. No. 90-11-2-174. In 
accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d), commenters 
may request a public meeting in the affected area.
    The proposed Partial Consent Decree may be examined at the 
Environment and Natural Resources Division, Department of Justice Field 
Office, Suit 945, 999 18th Street--North Tower, Denver, Colorado 80202 
and at the Region VIII Office of the Environmental Protection Agency, 
999 18th Street, Suite 500, Denver, Colorado 80202. Copies of the 
proposed Partial Consent Decree may also be examined at or obtained by 
mail from the Consent Decree Library, 1120 G Street, NW., 4th Floor, 
Washington, DC 20005, (202) 624-0892. In requesting a copy please refer 
to the referenced case and enclose a check in the amount of $7.00 for 
the decree (additional charges may apply if attachments are requested) 
(twenty-five cents per page reproduction costs) payable to the 
``Consent Decree Library.''
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section.
[FR Doc. 95-15778 Filed 6-27-95; 8:45 am]
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