[Federal Register Volume 72, Number 138 (Thursday, July 19, 2007)]
[Notices]
[Pages 39640-39641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3495]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on July 9, 2007, a proposed RD/RA 
Consent Decree (``Consent Decree'') in United States and State of Utah 
v. Kennecott Utah Copper Corporation, Civil Action No. 2:07cv00485 was 
lodged with the United States District Court for the District of Utah.
    The Consent Decree resolves claims by the United States and the 
State of Utah against Kennecott Utah Copper Corporation (``KUCC'') 
under Sections 106 and 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 106 and 107, 
for past response costs incurred at the groundwater Operable Unit 2 
portion of the Kennecott South Zone Site, in Salt Lake County, Utah. 
The Consent Decree will require KUCC to perform response actions at the 
Kennecott South Zone Site consistent with the National Contingency 
Plan, 40 CFR par 300 (as amended) and will require KUCC to pay the 
United States $5,007,200.16 in past response costs and also pay the 
United States' future response costs. The

[[Page 39641]]

Consent Decree includes convenants not to sue by the United States: (1) 
Pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 
9607(a), and Section 7003 of RCRA, 42 U.S.C. 6973, relating to the 
Operable Unit 2 portion of the Kennecott South Zone Site or the 
activities KUCC completes under the Consent Decree; and (b) pursuant to 
Section 107 of CERCLA, 42 U.S.C. 9607, for all past costs that the 
United States incurred at or in connection with the Kennecott South 
Zone Site or Kennecott North Zone Site, including but not limited to 
the OU2 Site, through November 15, 2005.
    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, and either e-mailed to 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States and State of Utah v. Kennecott Utah Copper Corporation, 
D.J. Ref.90-11-2-07195/3. Commenters may request an opportunity for a 
public meeting in the vicinity of West Jordan, Utah, 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, 185 South State Street, Suite 400, Salt Lake City, 
Utah 84111 and at U.S. EPA Region 8, 1595 Wynkoop Street, Denver, CO 
80202-1129. 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/Consent_Decrees.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 of the consent decree and 
all appendices from the Consent Decree Library, please enclose a check 
in the amount of $69.00 payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address. In requesting a copy exclusive of exhibits, please 
enclose a check in the amount of $25.25 payable to the U.S. Treasury.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 07-3495 Filed 7-18-07; 8:45 am]
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