[Federal Register Volume 69, Number 222 (Thursday, November 18, 2004)]
[Notices]
[Page 67607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25535]


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DEPARTMENT OF JUSTICE


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

    Under the policy set out at 28 CFR 50.7, notice is hereby given 
that on November 4, 2004, the United States lodged with the United 
States District Court for the District of Montana a proposed consent 
decree (``Consent Decree'') in the case of United States v. Atlantic 
Richfield Company, et al., Civil Action No. CV-89-39-SEH. The Consent 
Decree pertains to certain Superfund sites within the Clark Fork River 
Basin in southwestern Montana that have not been the subject of prior 
settlements with the United States--the Anaconda Smelter Superfund 
Site, the Clark Fork River Superfund Site, the Warm Springs Ponds 
Superfund Site, and the Butte Superfund Site, (collectively, the 
``Remaining Clark Fork Site'' ).
    The proposed settlement would resolve the claims brought by the 
United States against ARCO under section 107 of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
amended (``CERCLA''), 42 U.S.C. 9607, for the recovery of response 
costs previously paid by EPA, through July 31, 2002, with accrued 
interest, in responding to releases and threatened releases of 
hazardous substances at the Remaining Clark Fork Sites. The Consent 
Decree would simultaneously resolve, subject to certain reservations, 
most of the defenses and all of the counterclaims asserted by ARCO 
against the United States for the past cost claims at the Remaining 
Clark Fork Sites, as well as the future response costs and future 
response actions at these sites.
    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. ARCO, DOJ Case Number 90-11-2-430.
    The proposed Consent Decree may be examined at the office of the 
United States Attorney for the District of Montana, 2929 Third Avenue 
North, Suite 400, Billings, Montana 59101, and at U.S. EPA Region VIII 
Montana Office, Federal Building, 10 West 15th Street, Suite 3200, 
Helena, Montana 59624. 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#f3879c9d9a92dd959f969687849c9c97b38680979c99dd949c85"><span class="__cf_email__" data-cfemail="54203b3a3d357a3238313120233b3b30142127303b3e7a333b22">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy of the Consent Decree, 
please reference United States v. ARCO, DOJ Case Number 90-11-2-430, 
and enclose a check in the amount of $10.00 (25 cents per page 
reproduction costs) payable to the U.S. Treasury.

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-25535 Filed 11-17-04; 8:45 am]
BILLING CODE 4410-15-M


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