[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30825]
[[Page Unknown]]
[Federal Register: December 16, 1994]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Partial Consent Decree for Claims Under
Section 107(a) of the Comprehensive Environmental Response,
Compensation and Liability Act
Notice is hereby given that on October 31, 1994, a proposed partial
Consent Decree between the United States and the Board of County
Commissioners for Pitkin County (``County'') in United States v.
Smuggler-Durant, Mining Corporation, et al., Civil Action No. 89-C-
1802, was lodged with the United States District Court for the District
of Colorado on October 31, 1994. The Complaint in this case was brought
under Section 107(a) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (``CERCLA''), 42
U.S.C. 9601 et al., against several parties who are owners or operators
of a facility at which hazardous substances are being released into the
environment, or who owned or operated facilities at a time when
hazardous substances were disposed of there. The United States'
Complaint sought recovery of costs incurred and to be incurred by the
United States in connection with the clean up of hazardous substances
at the Smuggler Mountain Superfund Site (``Site'') in and adjacent to
the City of Aspen, Colorado.
The proposed partial Consent Decree settles claims brought by the
United States against the County under Section 107(a) of CERCLA, 42
U.S.C. 9607(a), and provides the County a covenant not to sue for past
and future response costs or response actions under Sections 106 and
107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and Section 7003 of RCRA,
42 U.S.C. 6973 as well as a limited covenant for natural resource
damages on Operable Unit 1 of the Site. In return, the County has
adopted and, within its jurisdiction will enforce, institutional
controls which are designed to minimize the potential for human
exposure to hazardous substances at the Site. Further, the County will
perform remediation at specific locations on site which will result in
the removal or capping in place of contaminated soils. Finally, the
decree resolves potential counterclaims by the County against the
United States for any activities conducted on-Site by any
instrumentality of the United States.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed Partial Consent Decree. Comments should be addressed to the
Assistant Attorney General for the Environment and Natural Resources
Division, Department of Justice, P.O. Box 7611, Washington, DC 20044,
and should refer to United States v. Smuggler-Durant Mining
Corporation, et al., DOJ Ref. #90-11-2-174.
The proposed Partial Consent Decree may be examined at the
Environment and Natural Resources Division, Department of Justice Field
Office, Suite 945, 999 18th Street--North Tower; and at the Region VIII
Office of the Environmental Protection Agency, 999 18th Street, Suite
500, Denver, CO80202. A copy of the proposed Partial Consent Decree may
also be examined at or obtained by mail from the Consent Decree
Library, 1120 G Street, N.W., 4th Floor, Washington, DC 20005. In
requesting a copy, please refer to the referenced case and enclose a
check in the amount of $24.25 payable to the Consent Decree Library.
Bruce S. Gelber,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 94-30825 Filed 12-15-94; 8:45 am]
BILLING CODE 4410-01-M
