[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Page 50406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16964]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on August 22, 2005, a proposed Consent 
Decree in United States v. City and County of Denver, et al, Civil 
Action No. 02-cv-1341-EWN-MJW was lodged with the United States 
District Court for the District of Colorado.
    In this action the United States sought to recover costs incurred 
in responding to the release or threatened release of hazardous 
substances into the environment from the Lowry Landfill Superfund Site, 
located in Arapahoe County, Colorado, near Denver. The Consent Decree 
provides for the recovery of future response costs, and $13.9 million 
in past response costs, incurred by the United States. The Consent 
Decree also requires that the defendants perform the cleanup work as 
set forth in the Consent Decree. In exchange for payment, completion of 
the outlined work and a waiver of claims against the United States, the 
defendants will receive contribution protection and a release from 
liability with respect to the Site, subject to certain limitations and 
conditions. In addition, in exchange for a release of claims against 
the United States or indemnification by certain defendants, other 
entities identified in Appendixes F and G of the Consent Decree will 
receive contribution protection and a release from liability with 
respect to past response costs, subject to certain limitations and 
conditions.
    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, DC 20044-7611, and should refer to 
United States v. City and County of Denver, et al., D.J. Ref. 90-11-2-
93/1. Commenters may request an opportunity for a public meeting in the 
affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 
6973(d).
    The Consent Decree may be examined at the Office of the United 
States Attorney, 1225 17th Street, Suite 700, Denver, Colorado, and at 
the U.S. EPA Region 8 Superfund Records Center, 999 18th Street, 
Denver, Colorado. 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 $205.50 (25 cents per 
page reproduction cost) payable to the U.S. Treasury. In requesting a 
copy exclusive of exhibits and defendants' signatures, please enclose a 
check in the amount of $25.00 (25 cents per page reproduction cost) 
payable to the U.S. Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 05-16964 Filed 8-25-05; 8:45 am]
BILLING CODE 4410-15-M