[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Notices]
[Page 14630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6752]


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

DEPARTMENT OF JUSTICE


Proposed Modification of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act

    Notice is hereby given that on February 5, 2010, a stipulation 
seeking to modify certain provisions of the January 27, 2005 Consent 
Decree entered in United States v. Chief Consolidated Mining Company, 
Civ. No. 2:04CV00891 BSJ, was filed in the United States District Court 
for the District of Utah.
    In exchange for releasing Chief from its $60 million confession of 
judgment, certain future income recapture provisions, and an obligation 
to sell certain on-Site, non-mining land required by the 2005 Consent 
Decree, the Stipulation Modifying Consent Decree substitutes a 
requirement for Chief to pay to the Environmental Protection Agency 
(``EPA'') $225,000 a year for each of the five years following the 
modification (total payment of $1,125,000). The Stipulation also 
extends until December 31, 2013 certain provisions of the Consent 
Decree related to Chief's in-kind clean up contributions and provides a 
grant from Chief to the City of Eureka, Utah of an easement. The 
easement will facilitate the City's role in maintaining the integrity 
of EPA's Site remedy. The proposed modifications liquidate for 
equivalent monetary value certain obligations under the Consent Decree 
which Chief is no longer able to perform due to changing circumstances 
and are consistent with Chief's ability-to-pay limitations which were 
recognized in the initial settlement.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Stipulation Modifying 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 v. Chief Consolidated 
Mining Company, Civil Action. No. 2:04CV00891 BSJ, D.J. Ref. 90-11-3-
07993/2.
    The Stipulation Modifying Consent Decree may be examined at U.S. 
EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. During 
the public comment period, the Stipulation Modifying 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 
Stipulation Modifying 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, exclusive of exhibits and defendants' 
signatures, please enclose a check in the amount of $2.75 (25[cent] per 
page reproduction cost) 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. If requesting a copy with exhibits, enclose a check 
in the amount of $4.00.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2010-6752 Filed 3-25-10; 8:45 am]
BILLING CODE 4410-15-P