[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Page 60529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25036]



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

    Notice is hereby given that on September 22, 2011, a proposed 
Consent Decree in United States and Coeur d'Alene Tribe v. Alice 
Consolidated Mines, Inc., et al., Civ. No. 11-00446-REB, was lodged 
with the United States District Court for the District of Idaho.
    Concurrently with the proposed Consent Decree, the United States 
and the Coeur d'Alene Tribe filed a complaint naming seven defendants: 
Alice Consolidated Mines, Inc.; Hypotheek Mining and Milling Company; 
Callahan Consolidated Mines, Inc.; Constitution Mining Company; 
Golconda Mining Corp.; Highland Surprise Mining Company; and Nevada-
Stewart Mining Company. The Complaint alleges that the Defendants are 
liable pursuant to Section 107(a) of CERCLA for response costs incurred 
and to be incurred by the United States and for natural resources 
damages in connection with releases of hazardous substances at or from 
Operable Unit 3 of the Bunker Hill Mining and Metallurgical Complex 
Superfund Site (``Site'') in northern Idaho. The Coeur d'Alene Tribe is 
a co-trustee of injured natural resources and a party to the proposed 
Consent Decree. The Consent Decree requires payments totaling $208,500, 
based on the defendant's financial resources. The Consent Decree also 
requires, among other things, that Defendants assign their interests in 
insurance policies to a trust, established for the benefit of EPA and 
the natural resource trustees, and pay two percent of net smelter 
returns generated from any future mining activities. The Consent Decree 
grants the Defendants a covenant not to sue for response costs, as well 
as natural resource damages, in connection with the Site.
    For thirty (30) days after the date of this publication, the 
Department of Justice will receive 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. In either case, the 
comments should refer to United States and Coeur d'Alene Tribe v. Alice 
Consolidated Mines, Inc., et al. Civ. No. 11-00446-REB, and D.J. Ref. 
Nos. 90-11-3-128/13 and 90-11-3-128/14.
    During the comment period, the Consent Decree may 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 from the Consent Decree Library, please enclose a 
check in the amount of $11.00 (Consent Decree without attachments) or 
$211.25 (Consent Decree with attachments) (25 cents per page 
reproduction cost) payable to the United States Treasury or, if by e-
mail or fax, please 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. 2011-25036 Filed 9-28-11; 8:45 am]