[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Notices]
[Page 33784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14323]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA)

    Pursuant to Section 122 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, as amended 
(``CERCLA''), 42 U.S.C. 9622, notice is hereby given that on May 31, 
2011, a proposed Consent Decree in United States v. United Nuclear 
Corporation, No. CV 11-01060-PHX-NVW (D. Ariz.), was lodged with the 
United States District Court for the District of Arizona with respect 
to the Pine Mountain Mine Site (``Site'') located in the Tonto National 
Forest in Arizona.
    On May 27, 2011, the United States, on behalf of the U.S. 
Department of Agriculture, Forest Service (``Forest Service''), filed a 
Complaint in this matter against defendant United Nuclear Corporation 
(``UNC'') pursuant to CERCLA Section 107, 42 U.S.C. 9607, for 
environmental response costs incurred or to be incurred by the Forest 
Service to address releases or threatened releases of hazardous 
substances at the Site. The proposed Consent Decree resolves the claims 
in the Complaint. Under the Consent Decree, UNC will pay the Forest 
Service $800,000 in reimbursement of response costs. In return, UNC and 
certain of its corporate affiliates receive a covenant not to sue or to 
take administrative action pursuant to Sections 106 and 107 of CERCLA, 
42 U.S.C. 9606 and 9607, from the United States with respect to certain 
response costs and response actions, including the costs of, and 
performance by, the Forest Service of a removal action at the Site to 
address the mercury and other hazardous substances present in the 
mining wastes and sediments at the Site.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the 
proposed Settlement Agreement. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and either e-mailed to [email protected] or mailed to P.O. 
Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and 
should refer to United States v. United Nuclear Corporation, No. CV 11-
01060-PHX-NVW (D. Ariz.), D.J. Ref. 90-11-3-07803/1.
    During the public comment period, the proposed Consent Decree may 
also be examined on the following Department of Justice Web site: 
http://www.usdoj.gov/enrd/Consent_Decrees.html.
    A copy of the proposed Consent Decree may also be obtained by mail 
from the Consent Decree Library, P.O. Box 7611, U.S. Department of 
Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request 
to Tonia Fleetwood ([email protected]), fax no. (202) 514-0097, 
phone confirmation number (202) 514-1547. In requesting a copy from the 
Consent Decree Library, please enclose a check in the amount of $6.25 
(25 cents per page reproduction cost) payable to the U.S. Treasury or, 
if by e-mail or fax, forward a check in that amount to the Consent 
Decree Library at the stated address.

Henry Friedman,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2011-14323 Filed 6-8-11; 8:45 am]
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