[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Notices]
[Pages 60723-60724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24463]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On September 27, 2012, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of Nevada in the lawsuit entitled United States, et al. v. Atlantic
Richfield, et al., Civil Action No. 3: 12-civ-524.
The Consent Decree resolves claims brought by the State of Nevada
on behalf of the Nevada Division of Environmental Protection (``NDEP'')
and the Nevada Department of Wildlife (``NDOW''), the United States, on
behalf of the United States Environmental Protection Agency (``EPA''),
the United States Department of Interior (``DOI'') Bureau of Indian
Affairs and Fish and Wildlife Service (``BIA'' and ``FWS''
respectively), the United States Department of Agriculture, Forest
Service (``USFS''), and the Shoshone-
[[Page 60724]]
Paiute Tribes (``Tribes''), against Settling Defendants Atlantic
Richfield Company, The Cleveland-Cliff Iron Company, E.I. du Pont de
Nemours and Company, Teck American Incorporated, and Mountain City
Remediation, LLC (``Defendants''), under Nevada Water Pollution Control
Law, NRS Sec. 445A.300 to 445A.730, and Section 106 and 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act,
42 U.S.C. 9606 and 9607, et. seq. (``CERCLA''), related to the releases
and threatened releases of hazardous substances at the Rio Tinto Mine
Superfund Alternative Site (``Site'') in Elko County, Nevada.
The proposed Consent Decree requires the Settling Defendants to
undertake a number of obligations including: (1) Implement the remedy
selected in the Record of Decision on February 14, 2012, at an
estimated cost of over $25 million; (2) pay to the State certain future
response costs; (3) pay to EPA certain future response costs; (4) pay
EPA $1,234,067 for past response costs; (5) pay to the Federal Natural
Resource Trustees, DOI, and USFS, resource damage assessment costs of
$709,527; and (6) pay to the Tribes $150,000 for their past and future
costs.
The salient features of the remedy include removal of mine tailings
and relocation of these materials to an engineered, covered repository
constructed on-site; realignment and lining of a portion of Mill Creek,
which will be reconstructed to allow for seasonal passage of Redband
Trout between the Owyhee River and upper Mill Creek; reclamation of
soil and re-vegetation in Lower Mill Creek Valley; monitoring of Mill
Creek and the East Fork Owhyee River, and implementation of specific
additional tasks necessary to achieve Performance Standards (specified
in the ROD); collection and analysis of water samples from downstream
points in the East Fork Owyhee River to determine if persistent water
quality anomalies in the river exist, and whether they may be
attributable to releases from the underground mine workings; and, if
so, performance of additional investigation or response actions which
NDEP or EPA may require to address anomalies determined to be
attributable to the underground mine workings.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States, et al. v. Atlantic Richfield, et al.,
D.J. Ref. No. 90-11-3-08510. All comments must be submitted no later
than thirty (30) days after the publication date of this notice.
Comments may be submitted either by email or by mail:
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To submit comments: Send them to:
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By email.......................... [email protected]
By mail........................... Assistant Attorney General U.S. DOJ--
ENRD P.O. Box 7611 Washington, DC
20044-7611
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During the public comment period, the Consent Decree may be
examined on the following Department of Justice Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the Consent Decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $100.50 (25 cents per
page reproduction cost) payable to the United States Treasury. In
requesting a copy exclusive of exhibits and Defendants' signatures,
please enclose a check in the amount of $31.00 (25 cents per page
reproduction cost) payable to the U.S. Treasury.
Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2012-24463 Filed 10-3-12; 8:45 am]
BILLING CODE 4410-15-P