[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Page 50840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19922]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Amendment Under the 
Comprehensive Environmental Response, Compensation and Liability Act

    Notice is hereby given that on August 21, 2008, proposed 
Modifications to the Consent Decree entered in United States and New 
Mexico Office of the Natural Resources Trustee v. Bayard Mining Corp. 
et al., Civil Action No. 95-0285 MV/LFG, was lodged with the United 
States District Court for the District of New Mexico.
    In this action, the parties to the Consent Decree have stipulated 
to modify the Consent Decree entered by the Court in this matter on 
June 12, 1995. The original Consent Decree was entered pursuant to 
Comprehensive Environmental Response, Compensation, and Liability Act 
(``CERCLA'') sections 106(a) and 107, 42 U.S.C. 9606(a) and 9607, and 
section 7003 of the Resource Conservation and Recovery Act (``RCRA''), 
42 U.S.C. 6903. The original Consent Decree addressed the cleanup of 
the Cleveland Mill Superfund Site, located near Silver City, New 
Mexico. Due to changes in the required response action at the Site, the 
parties have stipulated to modify this Consent Decree.
    Since entry of the Consent Decree in 1995, a separate CERCLA 
removal action, conducted at the Site by the Settling Defendants 
pursuant to EPA's administrative authorities, has obviated the need for 
the remedial action required by the Consent Decree. Although the 
Settling Defendants have performed the work pursuant to these revised 
terms, the corresponding changes to the Consent Decree have not been 
made. The proposed modifications serve to harmonize the Consent Decree 
with the history of the response actions at the Site.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
Proposed Modifications to the Consent Decree. Comments should be 
addressed to the Assistant Attorney General, Environment and Natural 
Resources Division, and either e-mailed to <a href="/cdn-cgi/l/email-protection#84f4f1e6e7ebe9e9e1eaf0a9e1e1f7aae1eaf6e0c4f1f7e0ebeeaae3ebf2"><span class="__cf_email__" data-cfemail="d2a2a7b0b1bdbfbfb7bca6ffb7b7a1fcb7bca0b692a7a1b6bdb8fcb5bda4">[email protected]</span></a> or mailed to P.O. Box 7611, U.S. Department of 
Justice, Washington, D.C. 20044-7611, and should refer to United States 
and New Mexico Office of the Natural Resources Trustee v. Bayard Mining 
Corp. et al., Civil Action No. 95-0285 MV/LFG, D.J. Ref. 90-11-3-1171.
    During the public comment period, the Notice of Lodging of Proposed 
Consent Decree Modifications, together with its appendices, may be 
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. Attached to the Notice of 
Lodging are 10 Appendices, totaling 347 pages, which include, inter 
alia, the original Consent Decree and the Joint Stipulation to Modify 
Consent Decree. A copy of the Notice of Lodging and its appendices 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#20544f4e49410e464c454554574f4f44605553444f4a0e474f56"><span class="__cf_email__" data-cfemail="7d091213141c531b111818090a1212193d080e191217531a120b">[email protected]</span></a>), fax no. (202) 514-0097, phone confirmation 
number (202) 514-1547. In requesting a copy, please enclose a check in 
the amount of $2.75 (25 cents per page reproduction cost) for a 
complete copy of the Notice of Lodging of Proposed Consent Decree 
Modifications (without exhibits), or $89.50, for the Notice of Lodging 
with all exhibits. If the request is made by e-mail or fax, please 
forward a check in the appropriate amount to the Consent Decree Library 
at the stated address. The check should be payable to the U.S. 
Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. E8-19922 Filed 8-27-08; 8:45 am]
BILLING CODE 4410-15-P


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