[Federal Register Volume 73, Number 87 (Monday, May 5, 2008)]
[Notices]
[Pages 24612-24613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9766]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on April 25, 2008, a proposed 
Settlement Agreement in United States and the State of Montana v. 
ASARCO LLC, Atlantic Richfield Company (``Arco''), and Arco 
Environmental Remediation LLC, No. 6:08-CV-00030 DWM, was lodged with 
the United States District Court for the District of Montana, Helena 
Division.
    In this action the United States and the State of Montana alleged 
claims for injunctive relief, recovery of response costs, and recovery 
of natural resource damages in connection with the release and threats 
of release of hazardous substances at and from the Mike Horse Mine and 
surrounding area (``Site'') in Lewis and Clark County, Montana, 
pursuant to sections 106, 107 and 113(f) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9606, 9607 & 9613(f); sections 301(a), 309(b) and 311 of the 
Clean Water Act (``CWA''), 33 U.S.C. 1311(a), 1319(b) & 1321; and 
section 7003 of the Resource Conservation and Recovery Act (``RCRA''), 
42 U.S.C. 6973. The State also alleged claims under the Montana 
Comprehensive Environmental Cleanup and Responsibility Act (``CECRA''), 
Mont. Code Ann. sections 75-10-701, et seq., and the Montana Water 
Quality Act (``WQA''), Mont. Code Ann. sections 75-5-101, et seq.
    The Settlement Agreement, which is subject to the district court's 
approval, requires among other things that the settlers pay $17 million 
in cash. Of this sum, ASARCO LLC will pay $8.5 million and Arco and 
Arco Environmental Remediation LLC will pay $8.5 million. From these 
initial cash payments, $1 million will be paid to the Forest Service in 
reimbursement of response costs expected to be incurred in oversight of 
response actions. The remainder will be paid to the State. The State 
will use the funds to perform response action and natural resource 
restoration. In addition, ASARCO LLC has agreed to an allowed general 
unsecured claim of $20 million to be paid out in accordance with the 
terms

[[Page 24613]]

of plan confirmation. Of that sum, $19,771,554.00 will be the State's 
allowed claim to be used for additional response action and natural 
resource damage restoration work. The remaining $228,446.00, which is 
the full amount of the Forest Service's past response costs excluding 
interest, will be the Forest Service's allowed claim.
    The Settlement Agreement is also subject to bankruptcy court 
approval in Matter of ASARCO LLC, et al., No. 05-21207 (Bankr. S.D. 
Tex.).
    The Department of Justice will receive comments relating to the 
Settlement Agreement for a period of thirty (30) days from the date of 
this publication. 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. In either 
case, the comments should refer to United States v. ASARCO, LLC., Arco, 
and Arco Envtl. Remediation, No. 6:08-CV-00030, DJ No. 90-11-3-09141/1. 
Commenting parties 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 Settlement Agreement may be examined at the Office of the 
United States Attorney, District of Montana, Western Security Bank 
Building, 2929 3rd, Billings, MT 59101, (406) 657-6101. During the 
public comment period, the Settlement Agreement may also be examined on 
the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the 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 $11.50 (25 cents per page reproduction cost) 
payable to the United States Treasury or, if by e-mail or fax, forward 
a check in that amount to the Consent Decree Library at the stated 
address.

Robert E. Maher Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E8-9766 Filed 5-2-08; 8:45 am]
BILLING CODE 4410-15-P