[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Notices]
[Pages 25250-25251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11573]



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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water 
Act

    In accordance with Department of Justice policy, 28 C.F.R. 
Sec. 50.7 notice is hereby given that on April 28, 1995, a proposed 
consent decree in United States v. Blackbird Mining Co., et al., and 
State of Idaho, et al. v. The M.A. Hanna Company, Consolidated Case No. 
83-4179 (D. Idaho), was lodged with the United States District Court 
for the District of Idaho. The consent decree resolves claims against 
the M.A. Hanna Company, Hanna Services Company, Noranda Mining Inc., 
Noranda Exploration, Inc., Blackbird Mining Company Limited 
Partnership, and Alumet Corporation pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
amended (``CERCLA''), 42 U.S.C. 9601, et seq., and against the M.A. 
Hanna Company, Hanna Services Company, Noranda Mining Inc., Noranda 
Exploration, Inc., Blackbird Mining Company Limited Partnership 
pursuant to the Federal Water Pollution Control Act (Clean Water Act, 
or ``CWA''), 33 U.S.C. 1251 et seq., and the Endangered Species Act 
(``ESA''), 16 U.S.C. 1531 et seq., to accomplish the clean up of the 
contamination and restoration of the natural resources at the Blackbird 
Mine in central Idaho and for the recovery of past and future response 
costs. The United States' claims were filed in June 1993 against the 
past and current owners and operators of the mine on behalf of the 
Forest Service and NOAA acting as natural resource trustees and on 
behalf of the EPA. The United States case was consolidated with a case 
filed by the State of Idaho in 1983 against most of the same parties.
    This settlement is a joint coordinated plan developed by the 
Governments', in consultation and cooperation with the Settling 
Defendants, for the restoration and replacement of the injured natural 
resources at the site. The major provisions of the Consent Decree (CD) 
consist of cash payments to the Governments, implementation of a 
Biological Restoration and Compensation Plan (BRCP) that is filed with 
the Consent Decree, and a commitment to clean up the site pursuant to a 
series of Response Actions and implementation of the final remedy 
selected by EPA under the CERCLA remediation process. Specifically, the 
Consent Decree provides as follows:

A. Cash payments

    (1) Cash payment at time of entry to the Natural Resource Trustees 
(NOAA, USDA Forest Service, and Idaho) of $4.7 million which was 
expended on the Natural Resource Damage Assessment,
    (2) Payment of $328,742 to EPA, NOAA and USDA for past response 
costs, and
    (3) Payment of $2.5 million into a trust fund for implementation of 
the Hatchery Component of the BRCP.

B. Natural Resource/Biological Restoration and Compensation Plan

    This portion of the Settlement commits the Defendants to implement 
and pay for a two-part program to fully compensate the Natural 
Resources Trustees for losses resulting from the injury or destruction 
of natural resources--including the ``threatened'' spring/summer 
chinook salmon--due to releases of hazardous substances from Blackbird 
Mine. The proposed projects are valued by the Trustees at approximately 
$17 million, and include restoration as well as compensation for 
``interim'' losses.
    One part of the program, known as the ``Hatchery Operations 
Program,'' consists of construction of fish hatchery facilities and 
associated structures necessary to catch adult salmon brood stock, 
raise the smolts and reintroduce them into Panther Creek (and possibly 
other streams in the Salmon River Basin). These activities are not 
intended to commence until 2005. The costs of these facilities is 
approximately $2.5 million. This money is being placed in a trust fund 
that may be withdrawn by the Trustees and used for alternative 
restoration projects if the Trustees for any reason determine not to 
implement the proposed Hatchery Program.
    The second part of the BRCP is referred to as the ``Smolt Survival 
Plan''. This habitat improvement program commits the Defendants to 
realign approximately 1.2 miles of degraded salmon rearing habitat in 
Panther Creek and maintain protective barriers on this portion of the 
stream for 100 years. The defendants are also required to exclude 
cattle on 2 miles of valuable salmon rearing habitat in Panther Creek, 
and on an additional 8 miles on other streams to be identified and 
selected elsewhere in the Salmon River Basin. The cattle exclusion 
measures must be maintained for 50 years. Defendants will also 
construct at least 2 acres of off channel rearing ponds for juvenile 
salmon.
    Defendants will pay all planning costs, monitoring costs and up to 
$2 million for Trustee oversight costs, and comply with NEPA, ESA and 
other permitting requirements. The BRCP monitoring program is a complex 
technical/scientific program designed to insure appropriate water 
quality that will support all life stages of salmonids and the 
continued health of the ecosystem.
    The BRCP commits the Defendants to restore water quality so that 
the Hatchery Operation plan may begin by 2005. If this is not achieved, 
Defendants are subject at the Governments' discretion to: specific 
performance, and/or liquidated damages of $25,000 for each month that 
the hatchery operation is delayed or interrupted because of failure to 
meet the water quality standard, or the reopening of the lawsuit. The 
water quality standard is based on EPA's ambient water quality for both 
chronic and acute toxicity for copper.
    The Consent Decree also commits the Defendants to remediate the 
site pursuant to early Response Actions and a ROD under the EPA CERCLA 
process. There are specific performance provisions, stipulated 
penalties, and a reopener to assure full remediation of the site. The 
Defendants finally commit to pay the Government's future response 
costs. [[Page 25251]] 
    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, 
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington, 
D.C. 20044, and refer to United States v. Blackbird Mining Co., et al., 
and State of Idaho, et al. v. The M.A. Hanna Company, DOJ number 90-11-
2-816.
    Copies of the proposed consent decree may be examined at the Office 
of the Attorney General, Chief Natural Resources Division, 700 W. 
Jefferson, Ste. 210, Boise, Idaho; Office of the United States 
Attorney, 877 W. Main St., Ste. 201, Boise, Idaho; and the Consent 
Decree Library, 1120 G Street NW., 4th Floor, Washington, D.C. 20005, 
(202) 624-0892. A copy of the proposed consent decree may be obtained 
by mail or in person from the Consent Decree Library. When requesting a 
copy of the consent decree, please enclose a check in the amount of 
$22.75 (25 cents per page reproduction costs) payable to the ``Consent 
Decree Library''. When requesting a copy please refer to United States 
v. Blackbird Mining Co., et al., and State of Idaho, et al. v. The M.A. 
Hanna Company, Consolidated Case No. 83-4179 (D. Idaho), DOJ Case 
number 90-11-2-816.
    Copies of reports which were relied upon by the United States and 
the State of Idaho in entering into the consent decree are available 
for inspection at the Office of the United States Attorney, 877 W. Main 
St., Ste. 201, Boise, Idaho.
Joel Gross,
Acting Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 95-11573 Filed 5-10-95; 8:45 am]
BILLING CODE 4410-01-M