[Federal Register Volume 65, Number 205 (Monday, October 23, 2000)]
[Notices]
[Page 63262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27169]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to The Comprehensive 
Environmental Response, Compensation and Liability Act of 1980 
(``CERCLA'')

    Notice is hereby given that a proposed Consent Decree (``Decree'') 
in United States v. ASARCO Incorporated, Blue Tee Corp., and Gold 
Fields Mining Corporation, Civil Action No. 4-00-00975-GAF, was lodged 
September 26, 2000, with the United States District Court for the 
Western District of Missouri.
    The Complaint filed in the above-referenced matter alleges that 
ASARCO Incorporated, Blue Tee Corp., and Gold Fields Mining Corporation 
(``Defendants'') are liable under Section 107(a) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
amended, (``CERCLA''), 42 U.S.C. 9607(a), for costs incurred and to be 
incurred by the Environmental Protection Agency as a result of the 
release or threatened release of hazardous substances at or in 
connection with Operable Unit 4 (``OU-4'') of the Jasper County 
Superfund Site (``Site'') in Jasper County, Missouri. The Complaint, 
which was filed simultaneously on September 26, 2000, with the Decree, 
sought response costs incurred and to be incurred by the United States 
in connection with OU-4.
    Under the proposed Decree, the Defendants shall pay $1,816,710 in 
reimbursement of response costs. In exchange, the United States is 
granting Defendants a covenant not to sue or take administrative action 
against Defendants pursuant to section 107(a) of CERCLA, 42 U.S.C. 
9607(a) for recovery of response costs. This covenant not to sue 
extends only to Defendants and does not extend to any other persons. 
This covenant not to sue is also conditioned upon the satisfactory 
performance by Defendants of their obligations under the Decree.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed Decree. Comments should be addressed to the Assistant Attorney 
General for the Environment and Natural Resources Division, Department 
of Justice, P.O. Box 7611, Washington, DC 20044-7611, and should refer 
to United States v. ASARCO Incorporated, Blue Tee Corp., and Gold 
Fields Mining Corporation, DOJ Ref. #90-11-2-06280.
    The proposed Decree may be examined at the office of the United 
States Environmental Protection Agency, Region VII, 901 North 5th 
Street, Kansas City, Kansas 66101. A copy of the proposed Decree may 
also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, Washington, DC 20044. In requesting a copy of the Consent Decree, 
please refer to the referenced case number and enclose a check in the 
amount of $23.50, payable to the Consent Decree Library.

Bruce Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 00-27169 Filed 10-20-00; 8:45 am]
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