[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
