[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Notices]
[Pages 36237-36238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12797]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under The 
Comprehensive Environemental Response, Compensation and Liability Act

    On June 8, 2020, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of Montana in the lawsuit entitled United States v. Atlantic Richfield 
Company, et al., Civil Action No. Civil Action No. CV-89-39-BU-SEH.
    The proposed Consent Decree would resolve claims the United States 
and State of Montana have brought pursuant to Section 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
42 U.S.C. 9607(a), against the Atlantic Richfield Company and the City 
and County of Butte Silver Bow (``BSB'') related to the Butte Priority 
Soils Operable Unit.
    The Consent Decree requires Atlantic Richfield to remove 
contaminated mine tailings in numerous locations in and near Butte, 
Montana, capture and treat certain contaminated groundwater, and 
construct stormwater retention basins to protect surface waters from 
contaminated runoff. In addition, Atlantic Richfield will pay EPA $3.5 
million for past costs, $11.2 million in future oversight costs, and 
$20.5 million to the State of Montana to undertake certain remedial and 
restoration actions. BSB will implement stormwater control and 
operation and maintenance activities with funding from Atlantic 
Richfield. The Consent Decree also requires certain federal agencies to 
pay $10 million of EPA's past costs to resolve Atlantic Richfield's 
counterclaims. The Consent Decree provides Defendants and certain 
related persons covenants not to sue relating to the BPSOU under 
Sections 106, 107(a) and 113(f) of CERCLA, 42 U.S.C. 9606, 9607(a) and 
9613(f); Sections 3004(u) and (v), 3008 and 7003 of RCRA, 42 U.S.C. 
6924(u) and (v), 6928 and 6973; and Sections 309(b), 311 and 504 of the 
Clean Water Act, 33 U.S.C. 1319(b), 1321 and 1364.
    The publication of this notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Office of the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States and State of Montana v. Atlantic 
Richfield Company, et al., D.J. Ref. No. 90-11-2-430. 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 email............................  [email protected].

[[Page 36238]]

 
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    Under section 7003(d) of RCRA, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department website: 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 $355.50 (25 cents per 
page reproduction cost) payable to the United States Treasury. For a 
paper copy without the exhibits, the cost is $39.75.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2020-12797 Filed 6-12-20; 8:45 am]
BILLING CODE 4410-15-P