[Federal Register Volume 68, Number 79 (Thursday, April 24, 2003)]
[Notices]
[Page 20173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10082]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given that on April 10, 2003, a 
proposed Consent Decree in United States and State of Missouri v. 
Newton County, Missouri, Civil Action No. 3:03-cv-05038-RED was lodged 
with the United States District Court for the Western District of 
Missouri.
    In this action the United States asserted a claim under section 
107(a) of the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9607(a), for recovery of response 
costs incurred by the United States at the Newton County Superfund Site 
in Missouri. The State of Missouri also asserted a claim for recovery 
of response costs under section 107(a) of CERCLA. Defendant Newton 
County is a current owner of an approximately 30 acre parcel of 
property contaminated with mine waste near Granby, Missouri within the 
Site.
    Under the terms of the proposed Consent Decree settling the claims 
asserted in the Complaint, Newton County will allow its parcel of 
property near Granby to be used for disposal of contaminated materials 
removed from other portions of the Site. The contaminated materials 
will be disposed of in a Repository approximately 10 acres in size. The 
County agrees to finance and perform all Operation and Maintenance 
activities for the Repository as specified in an appendix to the 
Decree. The Decree also requires the County to execute and record a 
restrictive covenant, running with the land, that will prohibit 
activities that might disturb the cap as well as construction of 
facilities for which the remedy would be insufficiently protective. In 
return for the commitments by Newton County, the United States and the 
State grant Newton County a covenant not to sue under sections 106 and 
107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and State law for 
response costs relating to the Newton County Mine Tailings Superfund 
Site.
    The Department of Justice will receive for a period of 30 days from 
the date of this publication comments relating to the Consent Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States and State of Missouri v. Newton County, Missouri, D.J. 
Ref. No. 90-11-2-07088.
    The Consent Decree may be examined at the Office of the United 
States Attorney, Charles E. Whittaker Courthouse, 400 E. 9th Street, 
5th Floor, Kansas City, Missouri 64106, and at U.S. EPA Region VII, 901 
North Fifth Street, Kansas City, Kansas 66025. During the public 
comment period, the Consent Decree may also be examined on the 
following Department of Justice Web site, http://www.usdoj.gov/enrd/open.html. A copy of the 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 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 $14.75 
(25 cents per page reproduction cost) payable to the U.S. Treasury.

Robert Maher,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-10082 Filed 4-23-03; 8:45 am]
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