[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Notices]
[Pages 17469-17470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6844]


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DEPARTMENT OF JUSTICE


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

    Under 28 CFR 50.7, notice is hereby given of a proposed settlement 
agreement, In the Matter of: Morning Star Mine Site, for the 
performance of a removal action and the reimbursement of response costs 
incurred by the Department of the Interior (``DOI'') under Sections 
104, 107, and 122 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA'').
    The proposed settlement resolves CERCLA claims against respondent 
Vanderbilt Gold Corporation (``VGC'') and potential CERCLA claims 
against respondent Mineral, Metal & Mining Management Company (``4EM'') 
related to VGC's mining activities at the Morning Star Mine Site 
(``Site''), which is an inactive open mine pit located in the Mojave 
National Preserve, a unit of the National Park Service. DOI incurred 
response costs of approximately $1 million for a ``time critical'' 
removal action taken in response to the releases and threats of 
releases of hazardous substances at the Site. The proposed settlement 
requires respondents VGC and 4EM to: (1) Conduct a removal action at 
the Site, (2) reimburse DOI, over time, for approximately $1 million in 
past response costs, (3) pay DOI's future response costs, and (4) pay 
DOI $1 million, over time, for deposit into the DOI Natural Resource 
Damage Assessment and Restoration Fund to restore, replace, or acquire 
the equivalent of Park System Resources injured by VGC. In exchange, 
DOI agrees not to sue respondents for the work, past response costs, 
and future response costs.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed settlement. 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, with a 
copy to Robert Mullaney, U.S. Department of Justice, 301 Howard Street, 
Suite 1050, San Francisco, CA 94105, and should refer to In the Matter 
of: Morning Star Mine Site, D.J. Ref. 90-11-2-08222.
    During the public comment period, the proposed settlement agreement 
may be examined on the following Department of Justice Web site: http://www.usdoj.,gov/enrd/open.html. A copy

[[Page 17470]]

of the proposed settlement agreement 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 $12.50 (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. 05-6844 Filed 4-5-05; 8:45 am]
BILLING CODE 4410-15-M