[Federal Register Volume 65, Number 163 (Tuesday, August 22, 2000)]
[Notices]
[Page 51022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21288]



[[Page 51022]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA'')

    In accordance with Departmental policy, 28 CFR 50.7 and 42 U.S.C. 
9622(d)(2), notice is hereby given that on August 10, 2000, a proposed 
Consent Decree for the Rocker Operable Unit (the ``Rocker Consent 
Decree'') in United States v. Atlantic Richfield Company, Civil Action 
No. 89-39-BU-PGH, was lodged with the United States District Court for 
the District of Montana.
    In this action, the United States sought, pursuant to Section 107 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act, as amended (``CERCLA''), 42 U.S.C. 9607, the recovery of 
past response costs and a declaratory judgment of liability for future 
response costs incurred at or in connection with the Original Portion 
of the Silver Bow Creek/Butte Area National Priorities List (NPL) Site, 
the Milltown Reservoir Sediments NPL Site (now referred to as the 
Milltown Reservoir/Clark Fork River NPL Site, and the Anaconda Smelter 
NPL Site. The claims asserted by the United States include claims for: 
(1) Reimbursement of past response costs incurred by EPA and the 
Department of Justice for response actions at the Rocker Timber Framing 
and Treating Plant operable unit, together with accrued interest; and 
(2) a declaratory judgment regarding liability of future response costs 
incurred at the Rocker Site. In this same action, ARCO filed 
counterclaims against the United States, seeking cost recovery, 
contribution, contractual indemnity, equitable indemnification, 
recoupment, and declaratory relief.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Rocker 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General for the Environment and Natural Resources Division, P.O. Box 
7611 Ben Franklin Station, NW., Washington, DC 20044-7611, and should 
refer to United States v. Atlantic Richfield Company, D.J. Ref. 90-11-
2-430. Commenters may also request an opportunity for a public meeting 
in the affected area, in accordance with Section 7003(d) of the 
Resource Conservation and Recovery Act, 42 U.S.C. 6973(d).
    The Rocker Consent Decree may be examined at the Office of the 
United States Attorney, 2929 Third Avenue North, Suite 400, Billings, 
Montana 59101, and at U.S. EPA Region VIII Montana Office, Federal 
Building, 301 South Park, Helena, Montana 59626-0096. A copy of the 
Rocker Consent Decree may also be obtained by mail from the Consent 
Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, 
DC 20044-7611. In requesting a copy, please enclose a check in the 
amount of $182.00 (25 cents per page reproduction cost) payable to the 
Consent Decree Library. In requesting a copy exclusive of exhibits and 
defendants' signatures, please enclose a check in the amount of $24.50 
(25 cents per page reproduction cost) payable to the Consent Decree 
Library.

Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 00-21288 Filed 8-21-00; 8:45 am]
BILLING CODE 4410-15-M