[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Notices]
[Page 11794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03986]


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DEPARTMENT OF JUSTICE


Notice of Filing of Proposed Settlement Agreement Regarding 
Environmental Claims In Connection With the Madison County Mines 
Superfund Site

    On February 19, 2021, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Eastern 
District of Missouri in the lawsuit entitled United States and the 
State of Missouri v. Delta Asphalt, Inc., Civil Action No. 21-cv-00029.
    The proposed Consent Decree would resolve claims the United States 
and State of Missouri have brought pursuant to Sections 107(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act, 
42 U.S.C. 9607(a), and Missouri Hazardous Waste Management Law, Mo. 
Rev. Stat. Sec. Sec.  260.350-260.430, and Sec.  260.510 against Delta 
Asphalt, Inc. (``Delta'') related to Operable Unit 5 (``OU5'') of the 
Madison County Mines Superfund Site in Madison County, Missouri.
    Under the Settlement Agreement, Delta will place proprietary 
controls on its property to provide the Environmental Protection Agency 
and the State access in order to perform remedial actions, as well as 
place limits on any use of the property that could interfere with the 
remedy. In exchange, the United States and the State provide covenants 
not to sue or to take administrative action against Delta pursuant to 
Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), Section 
7003 of RCRA, 42 U.S.C. 6973, and Mo. Rev. Stat. Sec. Sec.  260.350-
260.430 and Sec. Sec.  260.500-550, with regard to the Site.
    The publication of this notice opens a period for public comment on 
the Settlement Agreement. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and the State of Missouri v. Delta 
Asphalt, Inc., D.J. Ref. No. 90-11-3-11942. 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............................  <a href="/cdn-cgi/l/email-protection#b3c3c6d1d0dcdeded6ddc79ed6d6c09dd6ddc1d7f3c6c0d7dcd99dd4dcc5"><span class="__cf_email__" data-cfemail="c8b8bdaaaba7a5a5ada6bce5adadbbe6ada6baac88bdbbaca7a2e6afa7be">[email protected]</span></a>.
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, 42 U.S.C. 6973, a commenter may 
request an opportunity for a public meeting in the affected area.
    During the public comment period, the Settlement Agreement may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. Alternatively, a paper copy of 
the Settlement Agreement will be provided 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 $11.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-03986 Filed 2-25-21; 8:45 am]
BILLING CODE 4410-15-P


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