[Federal Register Volume 67, Number 65 (Thursday, April 4, 2002)]
[Notices]
[Page 16123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8093]


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DEPARTMENT OF JUSTICE


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

    Under the policy set out at 28 CFR 50.7, notice is hereby given 
that on March 25, 2002, the United States lodged a proposed Consent 
Decree for the Mine Flooding Operable Unit in Butte, Montana (the 
``Mine Flooding Consent Decree'') in United States v. Atlantic 
Richfield Company et al., Civil Action No. 02-35-BU-RFC, with the 
United States District Court for the District of Montana.
    This lawsuit was brought by the United States against five 
entities--Atlantic Richfield Company; ASARCO; Montana Resources; 
Montana Resources, Incorporated; AR Corporation; and Dennis Washington 
(collectively, the ``Settling Defendants'')--under Sections 106, 107 
and 113(g)(2) of the Comprehensive Environmental Response, Compensation 
and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9606, 
9607, 9613(g)(2), for: (a) The recovery of costs incurred by EPA in 
response to releases and threatened releases of hazardous substances at 
and from the Butte Mine Flooding Operable Unit, including a related 
removal action at the Travona Shaft/West Camp Operable Unit, which is 
part of the Butte Mine Flooding Operable Unit (collectively the ``Mine 
Flooding Site''), together with accrued interest; (b) a declaratory 
judgment regarding liability for Future Response Costs paid at the Mine 
Flooding Site; and (c) the performance of certain response actions 
consistent at the Mine Flooding Site consistent with CERCLA's 
implementing regulations, which are contained in the National 
Contingency Plan (NCP) at 40 CFR part 300.
    Under the terms of the proposed Consent Decree lodged with the 
Court, the Settling Defendants will, among other things: (a) Implement 
the cleanup plan selected by the U.S. Environmental Protection Agency 
(EPA) for the Mine Flooding Site, (b) reimburse EPA for its past costs 
in responding to the releases of hazardous substances at the Mine 
Flooding Site, and (c) make a lump sum payment to EPA to cover its 
anticipated future costs in overseeing and monitoring the cleanup at 
the Mine Flooding Site.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Office of the 
Assistant Attorney General, Environment and Natural Resources Division, 
Department of Justice, P.O. Box 7611, Washington, DC 20044-7611, and 
refer to United States v. ARCO, DOJ Case Number 90-11-2-430.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney for the District of Montana, 2929 Third Avenue 
North, Suite 400, Billings, Montana 59101, and at U.S. EPA Region VIII 
Montana Office, Federal Building, 10 West 15th Street, Suite 3200, 
Helena, Montana 59624. A copy of the proposed Consent Decree may also 
be obtained by mailing a request to the Consent Decree Library, U.S. 
Department of Justice, P.O. Box 7611, Washington, DC 20044-7611, or by 
faxing a request to Tonia Fleetwood, Department of Justice Consent 
Decree Library, fax no. (202) 616-6584; phone confirmation no. (202) 
514-1547.
    In requesting a copy of the Consent Decree, please reference United 
States v. ARCO, DOJ Case Number 90-11-2-430, and enclose a check in the 
amount of $30.50 (25 cents per page reproduction cost) payable to the 
U.S. Treasury.

W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 02-8093 Filed 4-3-02; 8:45 am]
BILLING CODE 4410-15-M