[Federal Register Volume 68, Number 47 (Tuesday, March 11, 2003)]
[Notices]
[Page 11582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5755]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Bankruptcy Settlement Agreement Under the 
Comprehensive Environmental Response, Compensation and Liability Act

    Notice is hereby given that on February 27, 2003, a proposed 
Settlement Agreement in IN RE North Lily Mining Company, Inc. a 
reorganization under Chapter 11 of the Bankruptcy Code in the U.S. 
Bankruptcy Court for the District of Colorado, Case No. 01-23089-EEB 
was filed with the Court for confirmation.
    In this action the United States sought compensation for response 
costs from the North Lily Mining Company, Inc. incurred and to be 
incurred by EPA in connection with the remediation of hazardous 
substances at the Eureka Mills NPL Site (``Site'') located in central 
Utah. Under CERCLA section 107(a)(2), 42 U.S.C. 9607(a)(2), EPA alleged 
that the North Lily Mining Company, Inc., as a past owner and operator 
of a portion of the Site at the time of disposal, is liable for those 
response costs incurred by EPA set forth in CERCLA section 
107(a)(4)(A)-(D), 42 U.S.C. 9607(a)(4)(A)-(D). In the proposed 
Settlement Agreement, Paragraph 4, the Debtor ``allows'' the United 
States' claim of $2,274,780.50 for purposes of the bankruptcy 
proceeding. Paragraph 5 of the Proposed Agreement provides that the 
Debtor shall satisfy the United States' claim by providing water and 
borrow materials as described in Paragraph 6 and 7 for EPA's use during 
the conduct of remediation 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 
Settlement Agreement. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, PO Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611, and should 
refer to IN RE North Lily Mining Company, Inc., D.J. Ref. DJ 
90-11-3-07993.
    The Settlement Agreement may be examined at U.S. EPA Region 8, 999 
18th Street, Suite 500, Denver, Colorado, 80202. During the public 
commend period, the Settlement Agreement, may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the Settlement Agreement may also be obtained by 
mail from the Consent Decree Library, PO Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request 
to Tonia Fleetwood ([email protected]), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $1.20.

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-5755 Filed 3-10-03; 8:45 am]
BILLING CODE 4410-15-M