[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52460-52461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18712]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    On August 1, 2016, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Utah, Central Division, in a lawsuit entitled United States v. 
Silver Reef Properties, LLC, Case No. 2:13CV00280DB.
    On April 19, 2013 the United States filed an action under Section 
107(a) of the Comprehensive Environmental Response, Compensation, and 
Liability Act, 42 U.S.C. 9607(a) (``CERCLA'') seeking reimbursement of 
response costs incurred or to be incurred for response actions taken at 
or in connection with the release or threatened release of hazardous 
substances at the 5M Staging Area Superfund Site (``Site''), located 
approximately one mile northwest of Leeds, Utah in Section 1, Township 
41 South, Range 14 West of the Salt Lake Meridian in the Silver Reef 
Mining District, located within the larger patented Jumbo Lodge mining 
claim. The Complaint also alleged claims under CERCLA Sections 
106(b)(1) and 107(c)(3) for penalties and punitive damages for failure 
to comply with a Unilateral Administrative Order at the Site. Under the 
proposed Consent Decree, Silver Reef Properties, LLC (``Defendant'') is 
required to (1) sell all

[[Page 52461]]

remaining real property assets with 90% of the sale proceeds to be paid 
towards the United States' unreimbursed Site response costs up to a 
judgment amount of $477,547.43, and (2) record an environmental 
covenant protecting the remedy at the Site. The proposed Consent Decree 
will resolve all CERCLA claims alleged in this action by the United 
States against Defendant. Defendant has an inability to pay the United 
States' full demand.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
Environmental Enforcement Section, and should refer to United States v. 
Silver Reef Properties, LLC, D.J. Ref. No. 90-11-3-10255. 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:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, D.C. 20044-7611
------------------------------------------------------------------------

    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the proposed 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 $15 (25 cents per page 
reproduction cost) for the proposed Consent Decree payable to the 
United States Treasury. For a paper copy without the appendices, the 
cost is $7.50.

Jeffrey K. Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-18712 Filed 8-5-16; 8:45 am]
 BILLING CODE 4410-15-P