[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4291-4292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01584]


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DEPARTMENT OF JUSTICE


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

    On January 20, 2022, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of New Mexico in the multidistrict litigation entitled In re: Gold King 
Mine Release in San Juan County, Colorado on August 5, 2015, MDL no. 
1:18-md-02824-WJ. The proposed Consent Decree pertains to certain 
claims alleged in the following actions that have been centralized in 
the multidistrict litigation: No. 16-cv-465-WJ/LF; No. 16-cv-931-WJ/LF; 
No. 18-cv-319-WJ; No. 18-cv-744-WJ.
    The proposed Consent Decree resolves claims brought by the United 
States against Sunnyside Gold Corporation (``SGC'') and Kinross Gold 
Corporation (``KGC'') under Sections 107(a) and 113(g)(2) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (``CERCLA''), 42 U.S.C. 9607(a) and 9613(g)(2), and seeking 
reimbursement of, or contribution towards, response costs incurred or 
to be incurred for response actions taken or to be taken by the United 
States in connection with the release or threatened release of 
hazardous

[[Page 4292]]

substances at the Bonita Peak Mining District Superfund Site located in 
San Juan County, Colorado (``BPMD Site''). The BPMD Site was placed on 
the National Priorities List on September 9, 2016. See 81 FR 62397, 
62401 (Sept. 9, 2016). The United States alleged that SGC is liable 
under CERCLA as a current owner at the Site and as a past owner and 
operator at the time of a disposal of a hazardous substance at the 
Site, and that KGC is liable as the successor to Echo Bay Mines, Ltd., 
a past operator at the time of a disposal of a hazardous substance at 
the Site.
    The proposed Consent Decree also resolves claims brought by SGC 
against the United States under CERCLA for recovery of response costs 
and contribution, and a claim for contribution and indemnity in 
connection with the BPMD Site. SGC alleged that the United States is 
liable under CERCLA as a current owner at the Site, as a previous owner 
at the Site at the time of disposal of hazardous substances, and as an 
operator and arranger at the Site, in part as a result of the U.S. 
Environmental Protection Agency's (``EPA's'') response actions at the 
Gold King Mine. In addition, the proposed Consent Decree resolves the 
State of Colorado's potential claims against SGC and KGC under Section 
107(a) of CERCLA, 42 U.S.C. 9607(a), for reimbursement of response 
costs incurred or to be incurred for response actions taken or to be 
taken by the State in connection with the release or threatened release 
of hazardous substances at the BPMD Site.
    The proposed Consent Decree requires SGC and KGC to pay $45 million 
to the United States and the State of Colorado for response costs in 
connection with the BPMD Site, and requires the United States to pay 
$45 million to appropriate federal accounts for response costs. The 
proposed Consent Decree provides SGC and KGC and certain related 
parties (including Echo Bay, Inc., Kinross Gold USA, White Pine Gold 
Corporation, Echo Bay Management Corporation, and Echo Bay Exploration 
Inc.) with contribution protection under CERCLA and with covenants not 
to sue or take administrative action with regard to the Site under 
Sections 106, 107(a), and 113 of CERCLA; Sections 3008 and 7003 of the 
Resource Conservation and Recovery Act (``RCRA''); Sections 309 and 311 
of the Clean Water Act; and certain Colorado statutory provisions. The 
proposed Consent Decree further terminates administrative orders issued 
to SGC related to Site access and investigation. Under the proposed 
consent decree, EPA, U.S. Department of the Interior, and U.S. 
Department of Agriculture receive contribution protection and covenants 
not to sue with regard to the BPMD Site under Sections 106 and 107(a) 
of CERCLA and certain Colorado statutory provisions.
    The proposed Consent Decree does not resolve all claims in the 
multidistrict litigation. For instance, it does not address claims 
brought by the State of New Mexico, Navajo Nation, or individual 
plaintiffs against the EPA related to the Gold King Mine.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to In re: Gold King Mine Release in San Juan County, 
Colorado on August 5, 2015, D.J. Ref. No. 90-11-3-11676 and No. 90-11-
6-20816. 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#0676736465696b6b6368722b636375286368746246737562696c28616970"><span class="__cf_email__" data-cfemail="eb9b9e89888486868e859fc68e8e98c58e85998fab9e988f8481c58c849d">[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, a commenter may request an 
opportunity for a public meeting in the affected area.
    During the public comment period, the proposed 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 proposed 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 $11.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2022-01584 Filed 1-26-22; 8:45 am]
BILLING CODE 4410-15-P


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