[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52460-52461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18712]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA'')
On August 1, 2016, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of Utah, Central Division, in a lawsuit entitled United States v.
Silver Reef Properties, LLC, Case No. 2:13CV00280DB.
On April 19, 2013 the United States filed an action under Section
107(a) of the Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9607(a) (``CERCLA'') seeking reimbursement of
response costs incurred or to be incurred for response actions taken at
or in connection with the release or threatened release of hazardous
substances at the 5M Staging Area Superfund Site (``Site''), located
approximately one mile northwest of Leeds, Utah in Section 1, Township
41 South, Range 14 West of the Salt Lake Meridian in the Silver Reef
Mining District, located within the larger patented Jumbo Lodge mining
claim. The Complaint also alleged claims under CERCLA Sections
106(b)(1) and 107(c)(3) for penalties and punitive damages for failure
to comply with a Unilateral Administrative Order at the Site. Under the
proposed Consent Decree, Silver Reef Properties, LLC (``Defendant'') is
required to (1) sell all
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remaining real property assets with 90% of the sale proceeds to be paid
towards the United States' unreimbursed Site response costs up to a
judgment amount of $477,547.43, and (2) record an environmental
covenant protecting the remedy at the Site. The proposed Consent Decree
will resolve all CERCLA claims alleged in this action by the United
States against Defendant. Defendant has an inability to pay the United
States' full demand.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
Environmental Enforcement Section, and should refer to United States v.
Silver Reef Properties, LLC, D.J. Ref. No. 90-11-3-10255. 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 e-mail........................... [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, D.C. 20044-7611
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During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the proposed 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 $15 (25 cents per page
reproduction cost) for the proposed Consent Decree payable to the
United States Treasury. For a paper copy without the appendices, the
cost is $7.50.
Jeffrey K. Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2016-18712 Filed 8-5-16; 8:45 am]
BILLING CODE 4410-15-P