[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Notices]
[Page 28896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13859]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
In accordance with Departmental policy, 28 CFR Sec. 50.7 and 42
U.S.C. Sec. 9622(d)(2), notice is hereby given that a proposed consent
decree in United States v. Shiny Rock Mining Corporation, Civil Action
No. 97-764-JO, was lodged on May 20, 1997 with the United States
District Court for the District of Oregon. The proposed consent decree
resolves claims against Shiny Rock Mining Corporation (Shiny Rock) and
Persis Corporation (Persis) under Sections 107 and 113 of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended, 42 U.S.C. Secs. 9607 and 9613 (CERCLA), for response costs
incurred and to be incurred by the United States Department of
Agriculture, Forest Service (Forest Service) to address releases and
threatened releases of hazardous substances at or from the Shiny Rock
Amalgamated Mill Site, Marion County, Oregon (Site). In a complaint
filed contemporaneously with the lodging of the proposed consent
decree, the United States alleged that defendants Shiny Rock and Persis
are liable under CERCLA as owners or operators of the Site at the time
hazardous substances were disposed of at the Site.
The proposed consent decree provides that defendants will pay
$112,500 to the United States for the past and future response costs
incurred and to be incurred by the Forest Service and will perform the
Remedial Action as set forth in the March 19, 1997 Record of Decision
(ROD) issued by the Forest Service. The proposed consent decree also
provides that the Forest Service will contribute up to $750,000 in
federal funding towards the costs associated with the implementation of
the Remedial Action. In addition, the proposed consent decree provides
that the United States covenants not to sue defendants under Sections
106, 107, and 113 of CERCLA, 42 U.S.C. Secs. 9606, 9607, and 9613, and
that defendants will receive contribution protection under Section 113
of CERCLA, 42 U.S.C. Sec. 9613.
DOJ will receive, for a period of thirty (30) days from the date of
this publication, comments relating to the proposed consent decree.
Comments should be addressed to the Assistant Attorney General for the
Environment and Natural Resources Division, Department of Justice,
Washington, D.C. 20530, and should refer to United States v. Shiny Rock
Mining Corporation, DPK Ref/ #90-11-2-1047.
The proposed consent decree may be examined at the Office of the
United States Attorney, 888 Southwest 5th Avenue, Suite 1000, Portland,
Oregon; Willamette National Forest, 211 E. 7th Ave., Eugene, Oregon;
Detroit Ranger Station, Highway 22, Mill City, Oregon; and at the
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,
D.C. 20005, (202) 624-0892. A copy of the proposed consent decree may
be obtained in person or by mail from the Consent Decree Library, 1120
G Street, N.W., 4th Floor, Washington, D.C. 20005. In requesting a copy
please refer to the referenced case and enclose a check in the amount
of $26.75 (25 cents per page reproduction costs), for a copy of the
proposed consent decree only or $51.75, for a copy of the proposed
consent decree with appendices, payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section.
[FR Doc. 97-13859 Filed 5-27-97; 8:45 am]
BILLING CODE 4410-15-M
