[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13426]
[[Page Unknown]]
[Federal Register: June 2, 1994]
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DEPARTMENT OF JUSTICE
Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act (``CERCLA'')
In accordance with Departmental policy, 28 U.S.C. 50.7, and section
122(d), (g), and (i) of the Comprehensive Environmental Response,
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622 (d), (g),
and (i), notice is hereby given that on May 6, 1994, a proposed partial
consent decree in United States v. Apache Energy & Mineral Company, et
al., Civil Action No. 86-C-1675 (consolidated with Civil Action No. 83-
C-2388), was lodged with the United States District Court for the
District of Colorado.
The proposed consent decree between the United States and Hecla
Mining Company (``Hecla'') is a cash-out settlement pursuant to
Sections 104 and 107 of CERCLA, 42 U.S.C. 9604 and 9607. The proposed
partial consent decree resolves Hecla's alleged liability for the
generation and disposal of the Malta Gulch Tailings into the Malta
Gulch Tailings Impoundments portion of the California Gulch Superfund
Site (``Site''). The proposed consent decree also settles any remaining
CERCLA liability Hecla may have at the Site as a result of the impacts
of releases of the Malta Gulch Tailings, except liability for natural
resource damages.
The proposed consent decree also settles the alleged liability of
the United States for disposal of mill tailings containing hazardous
substances at the Malta Gulch Tailings Impoundments portion of the
Site.
Under the terms of the proposed partial consent decree, within 30
days of the effective date of the decree Hecla will pay $516,000 and
the United States will pay $100,000 to reimburse the Hazardous
Substance Superfund. The United States will pay an additional $72,000
plus interest to the Superfund within 1 year of the effective date of
the decree. The decree provides that, subject to certain reservations,
the United States covenants not to sue or take any other civil or
administrative action against Hecla pursuant to Sections 106 and 107 of
CERCLA, 42 U.S.C. 9606 and 9607, and Section 7003 of RCRA, 42 U.S.C.
6973. The Environmental Protection Agency (``EPA'') also covenants not
to take administrative action against the United States under these
same statutes and sections.
The Department of Justice will receive comments relating to the
proposed consent decree between the United States and Hecla for a
period of thirty (30) days from the date of this publication. Comments
should be submitted to the Assistant Attorney General, Environment &
Natural Resources Division, U.S. Department of Justice, Washington, DC
20530 and should refer to United States v. Apache Energy & Mineral
Company, et al., DOJ Ref. 90-11-3-138.
Copies of the proposed consent decree may be examined at the Office
of the United States Attorney, District of Colorado, 1961 Stout Street,
suite 1200, Denver, Colorado or at the EPA Superfund Records Center,
999 18th Street, 5th floor, South Tower, Denver, Colorado between 8:30
a.m. and 4:30 p.m. A copy may also be obtained in person or by mail
from the Consent Decree Library, 1120 G Street, NW., 4th floor,
Washington, DC 20005 (202-624-0892). When requesting a copy of the
proposed consent decree, please refer to the referenced case and
enclose a check in the amount of $9.75 (25 cents per page reproduction
costs), payable to the ``Consent Decree Library''.
John C. Cruden,
Chief, Environmental Enforcement Section, Environment & Natural
Resources Division.
[FR Doc. 94-13426 Filed 6-1-94; 8:45 am]
BILLING CODE 4410-01-M
