[Federal Register Volume 69, Number 198 (Thursday, October 14, 2004)]
[Notices]
[Pages 61040-61041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23101]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980

    Notice of hereby given that on September 22, 2004 a proposed 
Consent

[[Page 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<greek-i> 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 (<a href="/cdn-cgi/l/email-protection#f68299989f97d8909a93938281999992b6838592999cd8919980"><span class="__cf_email__" data-cfemail="becad1d0d7df90d8d2dbdbcac9d1d1dafecbcddad1d490d9d1c8">[email protected]</span></a>), 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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>