[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Notices]
[Page 2888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-727]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging Proposed Consent Decree

    Pursuant to Section 122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), 
notice is hereby given that on January 8, 2010, a proposed Consent 
Decree in U.S. v. The City and County of Denver, Civil Action No. 1:97-
cv-1611, was lodged with the United States District Court for the 
District of Colorado.
    The proposed Consent Decree concerns a complaint filed by the 
United States against the City and County of Denver, Colorado, in which 
the United States sought a declaratory judgment that a ``disposal fee'' 
established by ordinance by the City and County of Denver (``Denver'') 
was void and unenforceable against the United States and other persons 
performing remedial actions at operable units of the Denver Radium 
Superfund Site (``Site'') and a permanent injunction prohibiting Denver 
from enforcing the disposal fee against those entities. Denver 
counterclaimed against the United States pursuant to Section 107 of 
CERCLA, 42 U.S.C. 9607, seeking its claimed response costs relating to 
the Site.
    Under the proposed Consent Decree, the United States will pay 
Denver the sum of $550,000 in settlement of Denver's counterclaims 
against the United States. In addition, among other provisions of the 
proposed Consent Decree, Denver releases the United States, its 
contractors, and potentially responsible parties acting under the 
direction of the United States, from any obligation to pay fees 
pursuant to Denver's ordinance; Denver agrees to implement certain 
institutional controls regarding the Site; and that under certain 
conditions, Denver is granted a covenant not to sue for future CERCLA 
liability at sites to which it sends wastes removed from the Site.
    The Department of Justice will accept written comments relating to 
this proposed Consent Decree for thirty (30) days from the date of 
publication of this Notice. Please address comments to Daniel Pinkston, 
Environmental Defense Section, Environment and Natural Resources 
Section, U.S. Department of Justice, 1961 Stout Street, 8th Floor, 
Denver, Colorado 80294, [email protected], and refer to U.S. v. 
The City and County of Denver, DJ  90-11-6-18417.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the District of Colorado, Alfred A. 
Arraj United States Courthouse, Room A105, 901 19th Street, Denver, CO 
80294-3589. In addition, the proposed Consent Decree may be viewed at 
http://www.usdoj.gov/enrd/Consent_Decrees.html.

Maureen M. Katz,
Assistant Section Chief, Environment & Natural Resources Division.
[FR Doc. 2010-727 Filed 1-15-10; 8:45 am]
BILLING CODE P