[Federal Register Volume 77, Number 36 (Thursday, February 23, 2012)]
[Notices]
[Pages 10774-10775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4114]


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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 February 14, 2012, the United States 
lodged a proposed Consent Decree with Defendants Bradley Mining Company 
(``BMC'') and Frederick Bradley, Trustee for the Worthen Bradley Family 
Trust (``Bradley Trust''), in United States v. Bradley Mining Company, 
et al., Civil Action No. 3:08-CV-03968 TEH (N.D. Cal.), with respect to 
the Sulphur Bank Mercury Mine Superfund Site in Lake County, California 
(``Sulphur Bank Site''), and with Defendant BMC in a consolidated case, 
United States v. Bradley Mining Company, Civil Action No. 3:08-CV-05501 
TEH (N.D. Cal.), with respect to the Stibnite Mine Site in Valley 
County, Idaho (``Stibnite Mine Site'').
    The proposed Consent Decree resolves the following claims: (1) on 
August 19, 2008, the United States, on behalf of the United States 
Environmental Protection Agency (``EPA''), filed a complaint under 
section 107 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (``CERCLA''), 42 U.S.C. 9607, against BMC and Bradley 
Trust, seeking recovery of response costs incurred by EPA related to 
releases of hazardous substances at the Sulphur Bank Site; and (2) on 
September 26, 2008, the United States, on behalf of EPA and the United 
States Department of Agriculture Forest Service (``Forest Service''), 
filed a complaint under CERCLA section 107 against BMC seeking recovery 
of response costs incurred by EPA and the Forest Service related to the 
releases of hazardous substances at the Stibnite Mine Site. The 
proposed Consent Decree also resolves claims in the Sulphur Bank case 
brought by the Elem Tribe against BMC, the Bradley Trust, and the 
United States for cost recovery

[[Page 10775]]

under CERCLA section 107(a) as well as damages for injury to, 
destruction of, or loss of natural resources related to the Sulphur 
Bank Site and the costs of any natural resource damage assessments 
under CERCLA section 107(a)(4)(c). Finally, the Consent Decree resolves 
counterclaims against the United States brought by BMC and Bradley 
Trust in the Sulphur Bank case and by BMC in the Stibnite Mine case.
    Financial information provided by the Settling Defendants indicated 
an inability to pay. However, pursuant to the proposed Consent Decree, 
the United States will receive a payment of $505,000 from BMC's 
insurer, a percentage of future insurance recoveries and future income, 
and the proceeds from the future sale of parcels of land. In addition, 
Defendant Bradley Trust will transfer property to the Elem Tribe. In 
exchange, the proposed Consent Decree provides Bradley Trust with a 
covenant not to sue and contribution protection for the Sulphur Bank 
Site, and provides BMC with a covenant not to sue and contribution 
protection for the Sulphur Bank Site, the Stibnite Mine Site, and five 
additional mining sites: the Mt. Diablo Mercury Mine in Contra Costa 
County, California; the Springfield Scheelite Mine in Valley County, 
Idaho; the IMA Mine in Lemhi County, Idaho; the Bretz Mine in Malheur 
County, Oregon; and the Opalite Mine in Malheur County, Oregon. 
Finally, settling federal agencies will pay $7.2 million for EPA's 
response costs at the Sulphur Bank Site and will receive a covenant not 
to sue and contribution protection for the Sulphur Bank Site and the 
Stibnite Mine Site.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
Consent Decree. Comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, and either emailed 
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. Bradley Mining Company, et al., D.J. Ref. 90-11-3-
07593.
    The Consent Decree may be examined at U.S. EPA Region IX at 75 
Hawthorne Street, San Francisco, California 94105. During the public 
comment period, the 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 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 
emailing a request to ``Consent Decree Copy'' 
([email protected]), fax no. (202) 514-0097, phone confirmation 
number (202) 514-5271. In requesting a copy from the Consent Decree 
Library, please enclose a check in the amount of $17.75 (without 
appendices) or $32.50 (with appendices) (25 cents per page reproduction 
cost) payable to the U.S. Treasury or, if by email or fax, forward a 
check in that amount to the Consent Decree Library at the stated 
address.

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-4114 Filed 2-22-12; 8:45 am]
BILLING CODE 4410-15-P