[Federal Register Volume 74, Number 241 (Thursday, December 17, 2009)]
[Notices]
[Pages 66994-66995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30006]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decrees Under the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA)

    Notice is hereby given that on December 10, 2009, two proposed 
Consent Decrees (``Decrees'') in United States and the State of South 
Dakota v. CEGA Services, Inc. (f/k/a Northwestern Metal Company) and 
Commonwealth Mining Company, Case No. 5:09-cv-05103-JLV, were lodged 
with the United States District Court for the District of South Dakota, 
Western Division. The case was brought under Sections 107(a) and 
113(g)(2) of the Comprehensive Environmental Response, Compensation, 
and Liability Act (``CERCLA''), 42 U.S.C. 9607(a) and 9613(g)(2), for 
the recovery of response costs related to the cleanup at the Gilt Edge 
Mine Superfund Site (``Site'') in Lawrence County, South Dakota.
    The Consent Decrees require Commonwealth Mining Company 
(``Commonwealth'') and CEGA Services, Inc. (``CEGA'') to: (1) Confess 
to $6.2 million and $5 million judgments, respectively; (2) agree to 
transfer the Site properties they own to the State of South Dakota; (3) 
with respect to Commonwealth, liquidate off-Site property it owns and 
pay over 60 percent of the proceeds to the United States; (4) assign 
any insurance coverage related to the Site to the United States.
    The United States and the State of South Dakota filed a Complaint 
simultaneous with the Consent Decrees alleging that the Defendants are 
jointly and severally liable for response costs related to the cleanup 
at the Gilt Edge Mine Superfund Site in Lawrence County, South Dakota. 
42 U.S.C. 9607(a), 9613(g)(2). The Consent Decrees would resolve the 
claims

[[Page 66995]]

against the Defendants as described in the Complaint.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Decrees. 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 Case No. 5:09-cv-05103-JLV, D.J. Ref. No. 90-11-3-08278.
    The Decrees may be examined at the Office of the United States 
Attorney, District of South Dakota, 515 Ninth Street, Suite 201, Rapid 
City, South Dakota 57701. They also may be examined at the offices of 
U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202. During 
the public comment period, the Decrees may be examined on the following 
Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html.
    A copy of the Decrees may 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 copies from the Consent Decree 
Library, please enclose a check in the amount of $18.50 (25 cents per 
page reproduction cost) ($10.25 for a copy of the Consent Decree 
related to Commonwealth) ($8.25 for a copy of the Consent Decree 
related to CEGA) 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.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. E9-30006 Filed 12-16-09; 8:45 am]
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