[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63954-63955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26553]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on September 30, 2011, a proposed 
Consent Decree in United States of America v. Newmont USA Limited and 
Dawn

[[Page 63955]]

Mining Company, LLC, Civil Action No. 05-020-JLQ, was lodged with the 
United States District Court for the Eastern District of Washington.
    In this action the United States sought reimbursement under Section 
107 of CERCLA for past costs incurred at the Midnite Mine Superfund 
Site, located on the Spokane Indian Reservation in Stevens County, 
Washington. The United States also sought a declaratory judgment under 
Section 113 of CERCLA for future costs to be incurred at the Site. The 
proposed consent decree requires Newmont USA Limited and Dawn Mining 
Company, LLC, to perform the cleanup selected by EPA for the Site. The 
cleanup will address threats due to the presence of heavy metals and 
elevated levels of radioactivity associated with waste rock piles and 
open mine pits present at the Site. Additionally, the Consent Decree 
requires Newmont and Dawn to reimburse EPA $18.7 million for past costs 
associated with the Site. The United States, on behalf of the 
Department of Interior, will contribute approximately $54 million 
toward future cleanup activities and past costs incurred by EPA and the 
mining companies.
    The Consent Decree includes a covenant not to sue Newmont and Dawn 
pursuant to Sections 106, 107 and 113 of CERCLA, 42 U.S.C. 9606, 9607 & 
9613, Section 7003 of the Resource Conservation and Recovery Act, 42 
U.S.C. 6973, and Section 309 of the Clean Water Act, 33 U.S.C. 1319.
    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 Environmental Enforcement 
Section, U.S. Department of Justice, P.O. Box 7611, Washington, DC 
20044-7611. In either case, the comments should refer to United States 
of America v. Newmont USA Limited, DJ. Ref. 90-11-3-1749. Commenters 
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).
    During the comment period, the Consent Decree may be examined on 
the following Department of Justice Web site: http://www.justice.gov/enrd/Consent_Decrees.html. A paper copy of the Consent Decree 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 a paper copy, please enclose a check in the amount of $94.50 
(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. 2011-26553 Filed 10-13-11; 8:45 am]
BILLING CODE 4410-15-P