[Federal Register Volume 64, Number 218 (Friday, November 12, 1999)]
[Notices]
[Pages 61662-61663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29510]


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DEPARTMENT OF JUSTICE


Amended Notice of Lodging of Consent Decree Under The 
Comprehensive Environmental Response, Compensation and Liability Act 
and The Resource Conversation and Recovery Act

    This Amended Notice supersedes the Notice of Lodging of Consent 
Decree Under the Comprehensive Environmental Response, Compensation and 
Liability Act and the Resource Conservation and Recovery Act published 
in the Federal Register on October 29, 1999. 64 Fed. Reg. 57652-53 
(1999). Accordingly, the thirty day time period for submitting public 
comments and requesting a hearing on the proposed Consent Decree will 
begin

[[Page 61663]]

with the publication of this Amended Notice.
    Under 28 CFR 50.7 and 42 U.S.C. 9622(i), notice is hereby given 
that on October 5, 1999, a proposed Consent Decree in United States v. 
ASARCO, Inc., et al., Civil Action No. 99-1399, was lodged with the 
United States District Court for the District of Kansas.
    This Consent Decree settles claims against ASARCO, Incorporated, 
Cyprus Amax Minerals Company, Gold Fields Mining Corporation, Blue Tee 
Corp., NL Industries, Inc., The Doe Run Resources Corporation and Sun 
Company, Inc. In this action, brought pursuant to Sections 106 and 107 
of Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA), 42 U.S.C. 9696 and 9607 and Section 7003 of the Resource 
Conservation and Recovery Act (RCRA), 42 U.S.C. 6973, on behalf of the 
United States Environmental Protection Agency (EPA), the United States 
sought the performance of response work by the defendants at the Baxter 
Springs and Treece Subsites (the Subsites) of the Cherokee County 
Superfund Site in Cherokee County, Kansas pursuant to the Record of 
Decision, dated August 20, 1997 (ROD). Additionally, the United States 
sought reimbursement of pass response costs as well as future oversight 
costs. Under the Consent Decree, defendants will perform response work 
in accordance with the ROD, will provide a cash payment for EPA to 
perform institutional controls, and will reimburse the United States 
for one half of future EPA oversight costs. In exchange, defendants 
will receive a covenant not to sue pursuant to Sections 106 and 107(a) 
of CERCLA, and Section 7003 of RCRA relating to the Subsites, subject 
to all standard reservations and reopeners. In addition, defendants 
will receive contribution protection under Section 113(f)(2) of CERCLA, 
42 U.S.C. Sec. 9613(f)(2), and will receive forgiveness of EPA's past 
costs at the Subsites.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. In addition, the United States will provide for a public 
meeting pursuant to Section 7003(d) of RCRA if requested within thirty 
days from the date of publication of this notice. Comments or requests 
for a public meeting should be addressed to the Assistant Attorney 
General of the Environment and Natural Resources Division, Department 
of Justice, Washington, D.C. 20530, and should refer to United States 
v. ASARCO, Inc. et al., D.J. Ref. 90-11-2-06017.
    The Consent Decree may be examined at U.S. EPA--Region VII 901 N. 
5th Street, Kansas City, Kansas 66101. A copy of the Consent Decree may 
be obtained by mail from Consent Decree Library, Department of Justice, 
P.O. Box 7611, Washington, D.C. 20044. In requesting a complete copy 
with all Attachments, please enclose a check in the amount of $87.00 
(25 cents per page reproduction cost) payable to the Consent Decree 
Library. In requesting a copy of the Consent Decree without 
Attachments, please enclose a check in the amount of $24.75 (25 cents 
per page reproduction cost) payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 99-29510 Filed 11-10-99; 8:45 am]
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