[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46286-46287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21353]
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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 22, 2017, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of New Mexico in the lawsuit titled United Nuclear Corp., et al., v.
United States of America, Civil Action No. 15-cv-411.
This case relates to contamination associated with past uranium
mining operations conducted by United Nuclear
[[Page 46287]]
Corporation, El Paso Natural Gas Company LLC, and Homestake Mining
Company of California (collectively, the ``mining companies'') at the
San Mateo Uranium Mine Site in Cibola County, New Mexico (the
``Site''). The Site is largely located within the Cibola National
Forest, which is land managed by the United States Forest Service
(``USFS''), a sub-agency of the United States Department of Agriculture
(``USDA''). Pursuant to its authority under the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA''),
42 U.S.C. 9601 et seq., the USFS issued a unilateral administrative
order (``UAO'') to the mining companies requiring them to perform
response actions to address the hazardous substances at the Site. In
2015, the mining companies filed a complaint against the United States
under Section 107 of CERCLA, 42 U.S.C. 9607, seeking to recover the
response costs incurred by the mining companies in implementing the
UAO. The United States filed a counterclaim on behalf of the USFS,
USDA, and the United States Environmental Protection Agency (``EPA'')
against the mining companies under Sections 107 and 113 of CERCLA, 42
U.S.C. 9607 and 9613, for the United States' past and future response
costs at the Site.
The proposed Consent Decree would resolve claims and counterclaims
asserted by the mining companies and the United States. The United
States will pay $1.595 million to the mining companies and the mining
companies will pay $25,000 to the EPA Hazardous Substance Superfund
(``Superfund''). The United States covenants to not sue the mining
companies under Section 106 or 107 of CERCLA, 42 U.S.C. 9606 and 9607,
for past and future work by the mining companies related to
implementation of the UAO or the United States' response costs. The
mining companies will be entitled to protection from contribution
actions or claims under Section 113(f)(2) of CERCLA, 42 U.S.C.
9613(f)(2), for matters addressed in the proposed Consent Decree.
Pursuant to the proposed Consent Decree, the mining companies covenant
not to bring any claims against the United States for the work related
to implementation of the UAO, other response actions, the United
States' response costs, or the mining companies' response costs. The
USFS, USDA, and the United States Department of Energy, as settling
federal agencies, agree not to assert a claim for reimbursement from
the Superfund with respect to work related to the implementation of the
UAO, past response actions, United States response costs, or the mining
companies' response costs.
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,
and should refer to United Nuclear Corp., et al., v. United States of
America, D.J. Ref. No. 90-11-3-11380. 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 and downloaded at this Justice Department Web site: http://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 $24.00 (25 cents per page
reproduction cost) payable to the United States Treasury.
Thomas P. Carroll,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2017-21353 Filed 10-3-17; 8:45 am]
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