[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Notices]
[Page 43817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20831]



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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act

    In accordance with 42 U.S.C. Secs. 9622(d)(2) and 6973(d), and 
Departmental policy, 28 CFR 50.7, notice is hereby given that a 
proposed consent decree in United States v. Apache Energy and Minerals 
Co., et al., Civil Action No. 86-C-1675 (Consolidated with 83-C-2388) 
was lodged on August 10, 1995, with the United States District Court 
for the District of Colorado.
    The settlement concerns the California Gulch Superfund Site located 
in the central Rocky Mountains near Leadville, Colorado (the ``Site''), 
an area impacted by extensive mining and ore processing activities. 
Atlas Mortgage Company--Colorado, Inc. (``Atlas'') owns various mining 
claims in a portion of the Site upon which lead mill tailings and other 
mine waste is located. Under the terms of the settlement, a monetary 
judgment will be entered against Atlas in favor of the United States in 
the amount of $1 million for the government's past response costs, and 
Atlas is declared liable for any future response costs incurred by the 
United States in performing response actions upon Atlas' mining claims. 
Atlas' obligations will be secured by a lien upon Atlas' mining claims. 
Furthermore, Atlas agrees not to interfere with the implementation of 
response actions upon its mining claims. In exchange, the United States 
covenants not to sue Atlas for Atlas' liability at the Site under 
Sections 106 and 107 of CERCLA, 42 U.S.C. Secs. 9606 and 9607, and 
Section 7003 of the Resource Conservation and Recovery Act, (RCRA), 42 
U.S.C. Sec. 6973, excluding natural resource damages, criminal 
liability, or the future disposal of hazardous substances at the Site.
    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, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Apache Energy and Minerals Co., et al., DOJ Ref. #90-
11-3-138. Commenters may request a public meeting in the affected areas 
pursuant to Section 7003(d) of RCRA.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 1961 Stout Street, Suite 1200, Federal 
Building, Denver, Colorado 80294; the Region VIII Office of the 
Environmental Protection Agency, 999 18th Street, Suite 700 South, 
Denver, Colorado, 80202; and at 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 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 $6.75 (25 cents 
per page reproduction costs) payable to the Consent Decree Library.
Bruce S. Gelber,
Acting Chief, Environment and Natural Resources Division, Environmental 
Enforcement Section.
[FR Doc. 95-20831 Filed 8-22-95; 8:45 am]
BILLING CODE 4410-01-M