[Federal Register Volume 66, Number 2 (Wednesday, January 3, 2001)]
[Notices]
[Page 387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 01-56]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act and Federal
Water Pollution Control Act
Notice is hereby given that, consistent with the policy of Section
122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), and 28 C.F.R. 50.7, a
proposed Partial Consent Decree (the ``Decree'') in United States v.
ASARCO, et al., Civil Action No. 96-0122-N-EJL was lodged on December
28, 2000, with the United States District Court for the District of
Idaho. The Decree resolves claims by the United States and the Coeur
d'Alene Tribe (the ``Tribe'') against two of the seven named defendants
in this action, Sunshine Mining and Refining Company and Sunshine
Precious Metals, Inc. (collectively ``the Sunshine defendants''), and
potential claims against two of their non-defendant affiliates,
Sunshine Argentina, Inc., and Sunshine Exploration, Inc.
The United States' Second Amended Complaint in this action alleges
that the Sunshine defendants and other mining companies, including
ASARCO, Inc., Hecla Mining Co., Coeur d'Alene Mines, Inc., and Callahan
Mining Co., are liable for past and future response costs and natural
resource damages at the Bunker Hill Superfund Facility (the
``Facility'') in the Coeur d'Alene Basin (the ``Basin'') or northern
Idaho, under Section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (``CERCLA''), 42 U.S.C. 9607,
and Section 311(f) of the Federal Water Pollution Control Act (the
``Clean Water Act''), 33 U.S.C. 1321(f). Trial on liability, natural
resource injury, and causation issues is scheduled to begin on January
22, 2001. On August 23, 2000, however, the Sunshine defendants,
Sunshine Argentina, and Sunshine Exploration (collectively ``Sunshine
entities'') filed petitions in the United States Bankruptcy Court for
the District of Delaware for recorganization under Chapter 11 of the
Bankruptcy Code. The proposed Decree both resolves the claims pending
against the Sunshine defendants in the ASARCO litigation in Idaho and,
when approved by the U.S. District Court, allows the Sunshine entities'
Chapter 11 reorganization plan to become effective.
Under the proposed Decree, the Sunshine defendants will (1) impose
conservation easements on certain environmentally-sensitive timberlands
in the Basin and convey title to those lands to an independent trustee,
who will later convey title to the United States or the Tribe as they
jointly decide; (2) pay royalties to the United States and the Tribe on
all mining revenues from the Sunshine defendants' properties in the
Basin, at rates tied to the market price of silver; (3) issue to the
United States and the Tribe warrants convertible into 9.95 percent of
the reorganized Sunshine Mining's stock; and (4) perform certain clean
up work at the closed mill structure at the Silver Summit Mine Site
owned by Sunshine. The Decree reserves claims by the United States and
the tribe for, among other things, response actions on property in the
Basin that the Sunshine entities will continue to own.
The Department of Justice will receive comments relating to the
proposed Decree until January 11, 2001. This period for comments has
been limited in order to allow the parties to seek District Court
approval of the Decree before the scheduled start of trial on January
22, 2001. Comments should be addressed to the Assistant Attorney
General for the Environment and Natural Resources Division, Department
of Justice, 950 Pennsylvania Avenue, NW., Washington, DC 20530, and
should refer to United States v. ASARCO, DOJ Ref. #90-11-3-128/2.
Commenters may request an opportunity for a public meeting in the
affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C.
Sec. 6973(d).
The proposed Decree may be examined at the office of the United
States Attorney, District of Idaho, 877 W. Main, Suite 201, Boise,
Idaho 83702 (208) 334-1211; and the Region X Office of the
Environmental Protection Agency, 1200 Sixth Avenue, Seattle,
Washington, 98101. A copy of the proposed Decree may also be obtained
by mail from the Consent Decree Library, P.O. Box 7611, Washington, DC
20044, or by telephonic request to Mr. Joe Davis at (202) 616-7940. In
requesting a copy of the Consent Decree, please refer to the referenced
case and enclose a check in the amount of $13.50 (25 cents per page
reproduction costs), payable to the Consent Decree Library.
Bruce S. Gelber,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 01-56 Filed 1-2-01; 8:45 am]
BILLING CODE 4410-15-M