[Federal Register Volume 68, Number 223 (Wednesday, November 19, 2003)]
[Notices]
[Page 65319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28931]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given that on October 30, 2003, 
a proposed Consent Decree in United States and Idaho v. Estate of J.J. 
Oberbillig, Civil Action No. CV02-451-S-LMB was lodged with the United 
States District Court for the District of Idaho.
    The United States and Idaho filed a civil action for injunctive 
relief and recovery of response costs for cleaning up the Stibnite Mine 
Site and Cinnabar Mine Site in Valley County, Idaho (the ``Sites'') 
against the Estate of J.J. Oberbillig (``Defendant'') in the District 
of Idaho on September 26, 2002. In this action, the United States 
asserted claims under Sections 106(a) and 107 of the Comprehensive 
Environmental Response, Compensation and Liability Act, (``CERCLA''), 
42 U.S.C. 9606(a) and 9607, and Idaho asserted claims under Section 
107(a) of CERCLA and Idaho Code Sections 39-108, 39-4414.
    Under the terms of the proposed Consent Decree settling the claims 
asserted in the Complaint, Defendant agrees to pay $152,206.00 of the 
United States' past response costs and $50,703.00 of Idaho's past 
response costs. The remaining monies in the Estate, $25,323.00, will be 
retained by Defendant for probate and estate administration expenses. 
Defendant also agrees to access by the United States and Idaho to the 
Sites, and to adjacent property, and to construction of a repository on 
Defendant's property at the Stibnite Site where wastes from the 
response actions will be deposited. In return for the commitments by 
Defendant, the United States grants Defendant a covenant not to sue 
under CERCLA Sections 106 and 107(a), 42 U.S.C. 9606 and 9607(a), 
relating to the Sites, and Idaho grants Defendant a covenant not to sue 
under CERCLA Section 107(a) of 42 U.S.C. 9607(a), and Idaho 
Environmental Protection and Health Act, Idaho Code Section 39-101, et 
seq., relating to the Sites.
    The Department of Justice will receive, for a period of thirty (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, D.C. 20044-7611, and should 
refer to United States and Idaho v. Estate of J.J. Oberbillig, D.J. 
Ref. No. 90-11-3-06069/3.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 877 West Main Street, Suite 201, Boise, ID 83702 and 
at U.S. EPA Region X, 1200 Sixth Avenue, Seattle, WA 98101. 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 $10.25 
(25 cents per page reproduction cost) payable to the U.S. Treasury. If 
requesting a copy of the Consent Decree exclusive of Appendices, please 
enclose a check in the amount of $7.75 (25 cents per page reproduction 
cost) payable to the U.S. Treasury.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 03-28931 Filed 11-18-03; 8:45 am]
BILLING CODE 4410-15-M