[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Notices]
[Pages 20476-20477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10003]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act and Federal 
Water Pollution Control Act

    Notice is hereby given that, consistent with the policy of Section 
122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), and 28 CFR 50.7, a proposed 
Partial Consent Decree (the ``Decree'') in United States v. ASARCO, et 
al., Civil Action No. 96-0122-N-EJL was lodged on April 18, 2001 with 
the United States District Court for the District of Idaho. The Decree 
resolves claims by the United States against two of the remaining named 
defendants in this action, Coeur d'Alene Mines Corporation and Callahan 
Mining Corporation and potential claims against Coeur Silver Valley, 
Inc. a subsidiary of Coeur d'Alene Mines Corporation (collectively the 
``Coeur Defendants'' ).
    The United States' Second Amended Complaint in this action alleges 
that the Coeur d'Alene Mines Corporation and Callahan Mining 
Corporation and other mining companies, including ASARCO, Inc. and 
Hecla Mining Co., are liable for past and future response costs and 
natural resource damages at the Bunker Hill Superfund Facility (the 
``Facility'' ) in the Coeur d'Alene Basin (the ``Basin'') of northern 
Idaho, under Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (``CERCLA'' ), 42 U.S.C. 9607, 
and Section 311(f) of the Federal Water Pollution Control Act (the 
``Clean Water Act'' ), 33 U.S.C. 1321(f). Trial on liability, natural 
resource injury, and causation issues began on January 22, 2001 and 
will continue, after a recess, on May 14, 2001.
    Under this proposed Decree, Coeur agrees to: (1) pay $3,871,924 for 
response costs or damages within 45 days of entry of the consent 
decree; (2) pay the United States 50 percent of any future insurance 
recovery in excess of $600,000; (3) convey title to a 74-acre parcel of 
land, called the ``Burns-Yaak Property,'' for possible use as a waste 
repository; (4) perform cleanup work and/or institute institutional 
controls on a closed mine site, the McFarran Gulch Property (a/k/a old 
Coeur d'Alene Mine) and pay EPA's oversight costs; and (5) commencing 
five years after entry of the consent decree, pay royalties to the 
United States on all of its silver and gold mining revenues whenever 
the market price of silver exceeds $6.50 per ounce or the price of gold 
exceeds $325 per ounce, up to a ceiling of $3 million. The Decree 
reserves claims by the United States for, among other things, response 
actions on certain properties in the Basin that the Coeur Defendants 
will continue to own.
    The Department of Justice will receive comments relating to the 
proposed Decree until May 7, 2001. This period for comments has been 
limited in order to allow the parties to seek District Court approval 
of the Decree before the scheduled re-start of trial on May 14, 2001. 
Comments should be addressed to the Assistant Attorney General for the 
Environment and Natural Resources Division, Department of Justice, 950 
Pennsylvania Avenue, NW., Washington, DC 20530, and should refer to 
United States v. ASARCO, DOJ Ref. #90-11-3-128L. Commenters may request 
an opportunity for a public meeting in the affected area, in accordance 
with Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
    The proposed Decree may be examined at the office of the United 
States Attorney, District of Idaho, 877 W. Main, Suite 201, Boise, 
Idaho 83702 (208) 334-1211; and the Region X Office of the 
Environmental Protection Agency, 1200 Sixth Avenue, Seattle, Washington 
98101. A copy of the proposed Decree may also be obtained by mail from 
the Consent Decree Library, P.O. Box 7611, Washington, DC 20044, or by 
telephonic request to Mr. Joe Davis at (202) 616-7940. In requesting a 
copy of the Consent Decree, please refer to the referenced case and

[[Page 20477]]

enclose a check in the amount of $17.75 (25 cents per page reproduction 
costs), payable to the Consent Decree Library.

Bruce S. Gelber,
Chief, Environmental Enforcement Section, Environmental and Natural 
Resources Division.
[FR Doc. 01-10003 Filed 4-20-01; 8:45 am]
BILLING CODE 4410-15-M