Federal Register / Vol. 69, No. 198 / Thursday, October 14, 2004 / Notices 61041

Decree in United States v. Chief 

Consolidated Mining Company, et. al., 

an action under Sections 107 and 113 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980 (‘‘CERCLA’’), as amended, 

42 U.S.C. 9607 and 9613, was lodged 

with the United States District Court for 

the District of Utah, Case No. 

2:04CV00891 BSJ. 

In this action, the United States 

sought the recovery of costs incurred 

and to be incurred by the United States 

in response to releases or threatened 

releases of hazardous substances at and 

from the Eureka Mills NPL Site located 

in Eureka, Utah (the ‘‘Site’’). The United 

States alleged that the Chief 

Consolidated Mining Company 

(‘‘Chief ’’) was liable under CERCLA 

Section 107(a)(1) and (2), 42 U.S.C. 

9607(a)(1) and (2), as a past owner and 

operator of a portion of the Site at the 

time of disposal and as a present owner 

of a portion of the Site upon which 

hazardous substances have been 

released, for those response costs set 

forth in CERCLA Section 107(a)(4)(A)–

(D), 42 U.S.C. 9607(a)(4)(A)–(D). 

The Chief settlement is based on the 

company’s limited financial resources 

and contains a confession of judgment 

in favor of EPA in the amount of sixty 

million dollars ($60,000,000.00) which 

may be satisfied through the sale of 

Chief real estate holdings together with 

future profits, if any, and the proceeds 

from any insurance recovery. 

Additionally, the Chief Decree provides 

for various in-kind contributions of 

materials like clean water and soil 

necessary to implement the clean up 

and allows EPA to construct permanent 

repositories to contain contaminated 

soils on Chief’s property. 

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, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States, v. Chief Consolidated Mining 

Company, et. al., DJ# 901–11–3–07993/

2. 

The Consent Decree may be examined 

at U.S. EPA Region 8, 999 18th Street, 

Suite 500, Denver, Colorado, 80202. 

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/

open.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 e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $13.25 payable to the 

U.S. Treasury (excluding appendices).

Robert Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division.

[FR Doc. 04–23101 Filed 10–13–04; 8:45 am] 

BILLING CODE 4410–IS–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree 

Pursuant to the Clean Water Act, 33 

U.S.C. 1251 Act, et seq. 

In accordance with Department 

policy, 28 CFR 50.7, notice is hereby 

given that a proposed Consent Decree in 

United States and the State of Ohio v. 

City of Clyde, Ohio., Civil Action No. 

3:04CV7587, was lodged on September 

29, 2004, with the United States District 

Court for the Northern District of Ohio. 

The proposed Consent Decree 

concerns injunctive relief and civil 

penalties against the City of Clyde, Ohio 

(‘‘Clyde’’), for alleged violations of the 

Clean Water Act (‘‘the Act’’), 33 U.S.C. 

1251 et seq. Clyde owns and operates a 

publicly-owned wastewater treatment 

works (‘‘POTW’’), and the proposed 

Consent Decree addresses discharges of 

effluent from the POTW through an 

outfall into Raccoon Creek, a navigable 

water of the United States. It also 

resolves allegations that Clyde violated 

its 1994, 1997 and 2002 National 

Pollutant Discharge and Elimination 

System (‘‘NPDES’’) permits and Section 

301 of the Act, 33 U.S.C. 1311, by: (1) 

Exceeding the effluent limitations 

contained in the three NPDES permits 

(or ‘‘the three permits’’), (2) failing to 

comply with the monitoring 

requirements contained in the three 

NPDES permits, (3) failing to meet the 

compliance schedules contained in the 

NPDES permits, and (4) failing to 

comply with an EPA issued 

Administrative Order (‘‘AO’’). 

In addition to resolving the 

allegations in the federal and state 

Complaints, the proposed Consent 

Decree provides for injunctive relief 

which includes Clyde coming into 

compliance with the current NPDES 

Permit and preparing a long term 

control plan for the regulating agencies. 

Installation of a compliance control 

screen, monitoring of Clyde’s outfall, 

and reporting requirements are also 

included. Clyde will also pay a $35,000 

penalty. 

The Department of Justice will receive 

comments relating to the proposed 

Consent Decree for a period of thirty 

(30) days from the date of this 

publication. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, United States 

Department of Justice, P.O. Box 7611, 

Washington, DC 20044–7611; and 

reference United States and the State of 

Ohio v. City of Clyde, Ohio, DJ #90–5–

1–1–06524. 

The proposed Consent Decree may be 

examined at the office of the United 

States Attorney for the Northern District 

of Ohio, Four Seagate, Suite 308, 

Toledo, OH 43604, and at the Region 5 

office of the Environmental Protection 

Agency, 77 West Jackson Boulevard, 7th 

Floor, Chicago, IL 60604. During the 

public comment period, the proposed 

Consent Decree may also be examined 

on the following Department of Justice 

Web site, http://www.usdoj.gov/enrd/

open.html. A copy of the proposed 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

U.S. Department of Justice, P.O. Box 

7611, Washington, DC 20044–7611 or by 

faxing or e-mailing a request to Tonia 

Fleetwood, (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097; phone 

confirmation no. (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $28.00 (25 cents per 

page reproduction cost), payable to the 

U.S. Treasury, for the proposed Consent 

Decree with all attachments, or for $7.75 

for the proposed Consent Decree only, 

to: Consent Decree Library, U.S. 

Department of Justice, P.O. Box 7611, 

Washington, DC 20044–7611. The check 

should refer the Unite States and the 

State of Ohio v. City of Clyde, Ohio, DJ 

#90–5–1–1–06524.

William Brighton, 

Assistant Section Chief, Environmental 

Enforcement Section.

[FR Doc. 04–23099 Filed 10–13–04; 8:45 am] 

BILLING CODE 4410–15–M

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree 

Pursuant to Oil Pollution Act 

Notice is hereby given that on 

September 30, 2004, a proposed consent 

decree in United States v. France 

Shipmanagement S.A., Civil Action No. 

04–cv–048–7–JHR–JBR, was lodged 

with the United States District Court for 

the District of New Jersey.