[Federal Register Volume 68, Number 113 (Thursday, June 12, 2003)]
[Notices]
[Page 35238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14824]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decrees Under the Clean Water Act 
and Under the Comprehensive Environmental Response, Compensation, and 
Liability Act

    Notice is hereby given that on June 2, 2003, two (2) proposed 
Consent Decrees in United States and State of Colorado v. Rico 
Development Corporation, Janice Graham, Independent Executor of the 
Estate of Wayne Webster, and Gary M. Sell, Personal Representative of 
the Estate of Virginia Sell, Civil Action No. 99-MK-1386, were lodged 
with the United States District Court for the District of Colorado.
    In this action, Plaintiffs United States and the State of Colorado 
sought injunctive relief pursuant to the Clean Water Act, 33 U.S.C. 
1251 et seq., and pursuant to the Colorado Water Quality Control Act, 
Section 25-8-101 et seq., Colorado Revised Statutes, for alleged 
violations of Rico Development Corporation's (``RDC'') Colorado 
Discharge Permit System permit (``Permit''). Plaintiffs also sought, 
pursuant to Section 7-114-108, C.R.S., recovery of assets distributed 
by RDC to its shareholders, Wayne Webster and Virginia Sell. 
Additionally, the United States sought to recover costs incurred by it 
for response action performed under the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 
et seq., at RDC's mine wastewater treatment facility located at the 
Rico Argentine mine site near Rico, Colorado (the ``Site'').
    The alleged Clean Water Act violations occurred over the course of 
several years during which RDC exceeded its Permit limits on numerous 
occasions and discharged at another location without authorization. The 
United States also sought compensation for response costs incurred by 
it in connection with a cleanup of hazardous substances performed at 
the Site. Under Section 107(a)(1) of CERCLA, 42 U.S.C. 9607(a)(1), the 
United States alleged that the defendants, as current owners, or as 
past owners and operators at the time of disposal, are liable for those 
response costs incurred by the United States not inconsistent with the 
national contingency plan. In the proposed Consent Decrees, Defendant 
Janice Graham, Independent Executor of the Estate of Wayne Webster, and 
Gary M. Sell, Personal Representative of the Estate of Virginia Sell, 
agree, respectively, to pay the United States $180,000 and $110,000, 
which sums will be deposited by the United States Environmental 
Protection Agency (``EPA'') in the Rico-Argentine Special Account 
within the EPA Hazardous Substance Superfund to be retained and used to 
conduct or finance response actions at or in connection with the Site, 
or to be transferred by EPA to the EPA Hazardous Substance Superfund.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decrees. 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 
United States and State of Colorado v. Rico Development Corporation, 
Janice Graham, Independent Executor of the Estate of Wayne Webster, and 
Gary M. Sell, Personal Representative of the Estate of Virginia Sell, 
D.J. Ref. DJ90-5-1-1-06498.
    The Consent Decrees may be examined at U.S. EPA Region 8,999 18th 
Street, Suite 300, Denver, Colorado, 80202. During the public comment 
period, the Consent Decrees may also be examined on the following 
Department of Justice website, http://www.usdoj.gov/enrd/open.html. A 
copy of each Consent Decree 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 $3.00 
for the Consent Decree with Janice Graham, Independent Executor of the 
Estate of Wayne Webster and $2.80 for the Consent Decree with Gary M. 
Sell, Personal Representative of the Estate of Virginia Sell.

Robert D. Brook,
Assistant Chief, Environmental, Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 03-14824 Filed 6-11-03; 8:45 am]
BILLING CODE 4410-15-M