[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Notices]
[Page 24644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09565]


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DEPARTMENT OF JUSTICE


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

    On April 15, 2016, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of South Dakota, Western Division in the lawsuit entitled United States 
and State of South Dakota v. CoCa Mines, Inc. and Thomas E. Congdon, 
Civil Action No. 5:16-cv-05022-JLV.
    This case was brought under Sections 107(a) and 113(g)(2) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA''), 42 U.S.C. 9607(a) and 9613(g)(2), for the recovery of 
response costs related to the cleanup at the Gilt Edge Mine Site 
(``Site'') in Lawrence County, South Dakota.
    The United States and the State of South Dakota filed a Complaint 
in this case on April 14, 2016 alleging that the Defendants are jointly 
and severally liable for response costs related to the cleanup at the 
Site. 42 U.S.C. 9607(a) and 9613(g)(2). The Complaint requests recovery 
of costs that the United States and the State incurred responding to 
releases of hazardous substances at the Site near Lead, South Dakota. 
Both Defendants signed the Consent Decree and will pay a combined $10.3 
million in cash, with CoCa Mines paying up to an additional $700,000 in 
future insurance recovery. The money will be used to help pay for 
response costs related to the cleanup at the Site. In return, the 
United States and the State of South Dakota agree not to sue the 
Defendants under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 
9607. The Consent Decree would resolve the claims against the 
Defendants as described in the Complaint.
    The publication of this Notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and State of South Dakota v. CoCa Mines, 
Inc. and Thomas E. Congdon, D.J. Ref. No. 90-11-3-11179. All comments 
must be submitted no later than thirty (30) days after the publication 
date of this Notice. Comments may be submitted either by email or by 
mail:

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            To submit comments:                     Send them to:
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By e-mail.................................  [email protected].
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, DC 20044-
                                             7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $8.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey K. Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-09565 Filed 4-25-16; 8:45 am]
 BILLING CODE 4410-15-P