[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Notices]
[Page 8473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4209]
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DEPARTMENT OF JUSTICE
Notice of Consent Decrees Under the Clean Water Act and Resource
Conservation and Recovery Act
Notice is hereby given that a consent decree in United States v.
ASARCO, Inc., Civil Action No. CV-98-3-H-CCL (D. Mont.) and a consent
decree in United States v. ASARCO, Inc., Civil Action No. CV-98-0137-
PHX-ROS (D. Ariz.) were lodged with the United States District Courts
for the District of Montana and District of Arizona respectively on
January 23, 1998.
In these actions the United States sought injunctive relief and
civil penalties under Section 309 (b) and (d) of the Clean Water Act
(``CWA''), 33 U.S.C. 1319 (b) and (d), and Section 3008(a) of the
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6928(a).
The consent decree lodged in the District of Montana (``Montana
decree'') resolves civil penalty claims of the United States against
ASARCO, Inc. (``ASARCO'') under the CWA for alleged unpermitted
discharges at ASARCO's smelter facility in East Helena, Montana. The
Montana decree also resolves civil penalty and injunctive relief claims
of the United States against ASARCO under RCRA for alleged violations
of hazardous waste regulations associated with materials acceptance and
management practices at ASARCO's East Helena smelter facility. The
decree lodged in the District of Arizona (``Arizona decree'') resolves
injunctive relief and civil penalty claims of the United States against
ASARCO under the CWA for alleged permit violations and unpermitted
discharges at ASARCO's Ray Mine complex located near Kearny, Arizona.
The Montana decree requires ASARCO to: institute improved materials
screening and management procedures at each of its four smelters
nationwide; perform a comprehensive RCRA corrective action
investigation and, as appropriate, remediation at ASARCO's East Helena
smelter facility; implement an improved environmental management system
nationwide; and, pay a civil penalty to the United States of $3,386,100
and perform a wetlands restoration project at ASARCO's East Helena
smelter facility for alleged past violations of the CWA and RCRA at
that facility.
The Arizona decree requires ASARCO to: Perform construction
projects to address alleged permit violations and unpermitted
discharges at ASARCO's Ray Mine complex; and, pay civil penalties to
the United States and State of Arizona totaling $3 million for alleged
past violations of the CWA at ASARCO's Ray Mine complex.
The Department of Justice will accept written comments relating to
the proposed consent decrees for thirty (30) days from the date of
publication of this notice. Please address comments 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. ASARCO, Inc. (D.Mt.), DJ Ref.
#s: 90-5-1-1-4323, 90-7-1-890 and 90-7-1-886, and/or, United States v
ASARCO, Inc. (D. Az.), DJ Ref. #s: 90-5-1-1-3822 and 90-7-1-886.
Copies of the proposed Montana decree may be examined at the Office
of the United States Attorney, Suite 400, 2929 3rd Avenue, N.,
Billings, Montana, 59103; at the U.S. Environmental Protection Agency,
Montana Operations Office, Federal Building, 301 South Park Street,
Helena, Montana 59626; and, at the U.S. Environmental Protection
Agency, Region VIII, 999 18th Street, Denver, Colorado 80202. Copies of
the proposed Arizona decree may be examined at the Office of the United
States Attorney, 1275 West Washington, Phoenix, Arizona 85007; and, at
the U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, California, 94105.
Copies of both proposed consent decrees may be examined at the
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,
D.C. 20005, (202) 624-0892. A copy of the consent decrees may also be
obtained in person or by mail at the Consent Decree Library, 1120 G
Street, N.W., 4th Floor, Washington, D.C. 20005. When requesting a copy
of the Montana decree by mail, please enclose a check in the amount of
$44.75 for a copy including exhibits, or $28.00 for a copy excluding
exhibits (twenty-five cents per page reproduction costs) payable to the
``Consent Decree Library.'' When requesting a copy of the Arizona
decree by mail, please enclose a check in the amount of $29.00 for a
copy including exhibits, or $9.00 for a copy excluding exhibits
(twenty-five cents per page reproduction costs) payable to the
``Consent Decree Library.''
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division, Department of Justice.
[FR Doc. 98-4209 Filed 2-18-98; 8:45 am]
BILLING CODE 4410-15-M
