[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61842-61843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21361]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Between the United States of 
America and Fremont Lumber Company, Kerr-McGee Company and Western 
Nuclear, Inc., Under the Comprehensive Environmental Response, 
Compensation, and Liability Act

    Under 28 CFR 50.7, notice is hereby given that on October 14, 2005, 
a proposed Consent Decree (``Consent Decree''), in the case of United 
States v. Kerr-McGee Corp., et al., Civil Action No. 04-CV-00032 (D. 
OR.), has been lodged with the United States District Court for the 
District of Oregon.
    The Complaint sought performance of work and the recovery of costs 
incurred in connection with the response action taken at the White 
King/Lucky Lass Superfund Site (``Site'') in Lakeview County, Oregon. 
Under the terms of this Consent Decree Defendants agree to: (1) 
Implement the remaining remedial action at the Site; (2) pay 
approximately $3 million in past costs incurred by EPA and the United 
States Department of Agriculture, Forest Service; (3) pay a civil 
penalty of $ 50,000; (4) perform a Supplemental Environmental Project 
for their failure to timely comply with an existing Unilateral 
Administrative Order (``UAO''); (5) grant a covenant not to sue for all 
claims against the United States; and (6) dismiss a citizen suite under 
CERCLA Section 310. In addition, as part of this settlement the United 
States agress to pay Defendants $2,000,000 to resolve the contribution 
claims that have been asserted against U.S. Forest Service and other 
federal agencies. In exchange, the United States will provide

[[Page 61843]]

a covenant not to sue and contribution protection to all of the 
Defendants.
    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. Kerr-McGee Corp., et al., Civil Action No. 04-CV-00032 
(D. OR.), D.J. Ref. 90-11-2-923; 90-11-2-923/1; 90-11-6-06011; 90-11-6-
06011/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, District of Oregon, 1000 SW. Third Avenue, Suite 600 
Portland, Ore. and at U.S. EPA Region 10, 1200 6th Ave, Seattle, WA. 
During the public comment period, the Consent Decree may 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 $13.50 
(25 cents per page reproduction cost, without attachments) payable to 
the United States Treasury for payment.

Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 05-21361 Filed 10-25-05; 8:45 am]
BILLING CODE 4410-15-M