[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Page 3809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00489]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


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

    On January 6, 2017, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Maine in the lawsuit entitled United States and State of Maine v. 
Smith Cove Preservation Trust, Civil Action No. 1:17-CV-00009-JDL
    In this action, the United States, on behalf of the U.S. 
Environmental Protection Agency (``EPA''), sought injunctive relief for 
remedial cleanup and recovery of response costs against Smith Cove 
Preservation Trust (``Settling Defendant''), the current owner of the 
approximately 120-acre former Callahan Mine property at the Callahan 
Mine Superfund Site in Brooksville, Maine (``Site''). The complaint 
seeks relief under to Sections 106 and 107 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9606 and 9607. The State of Maine (``Maine'') has asserted 
parallel claims under CERCLA and related State provisions and is a co-
plaintiff to the proposed Consent Decree.
    Under the proposed Consent Decree, Settling Defendant will provide 
in-kind services (permission for EPA and the Maine Department of 
Environmental Protection to use ``Borrow Material'' located within 
Settling Defendant's property for use in implementing response actions 
at the Site), access, and institutional controls, all of which would be 
valuable for the environmental response at the Site, based on an 
analysis of Settling Defendant's ability to pay. In exchange, Settling 
Defendant will receive a covenant not to sue under Sections 106 and 107 
of CERCLA for remedial cleanup and response costs relating to the Site, 
subject to certain reservations of rights.
    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 Maine v. Smith Cove 
Preservation Trust, D.J. Ref. No. 90-11-3-09953. 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 email............................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the 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 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 $14.75 (25 cents per page 
reproduction cost) payable to the United States Treasury. For a paper 
copy without the exhibits, the cost is $9.00.

Robert E. Maher Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2017-00489 Filed 1-11-17; 8:45 am]
 BILLING CODE 4410-15-P