81 FR 24644 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act
DEPARTMENT OF JUSTICE Federal Register Volume 81, Issue 80 (April 26, 2016)
Federal Register Volume 81, Issue 80 (April 26, 2016)
| Page Range | 24644-24644 | |
| FR Document | 2016-09565 |
[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)] [Notices] [Page 24644] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09565] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On April 15, 2016, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of South Dakota, Western Division in the lawsuit entitled United States and State of South Dakota v. CoCa Mines, Inc. and Thomas E. Congdon, Civil Action No. 5:16-cv-05022-JLV. This case was brought under Sections 107(a) and 113(g)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9607(a) and 9613(g)(2), for the recovery of response costs related to the cleanup at the Gilt Edge Mine Site (``Site'') in Lawrence County, South Dakota. The United States and the State of South Dakota filed a Complaint in this case on April 14, 2016 alleging that the Defendants are jointly and severally liable for response costs related to the cleanup at the Site. 42 U.S.C. 9607(a) and 9613(g)(2). The Complaint requests recovery of costs that the United States and the State incurred responding to releases of hazardous substances at the Site near Lead, South Dakota. Both Defendants signed the Consent Decree and will pay a combined $10.3 million in cash, with CoCa Mines paying up to an additional $700,000 in future insurance recovery. The money will be used to help pay for response costs related to the cleanup at the Site. In return, the United States and the State of South Dakota agree not to sue the Defendants under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607. The Consent Decree would resolve the claims against the Defendants as described in the Complaint. 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 and State of South Dakota v. CoCa Mines, Inc. and Thomas E. Congdon, D.J. Ref. No. 90-11-3-11179. 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: ------------------------------------------------------------------------ To submit comments: Send them to: ------------------------------------------------------------------------ By e-mail................................. [email protected]. By mail................................... Assistant Attorney General, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044- 7611. ------------------------------------------------------------------------ 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 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 $8.25 (25 cents per page reproduction cost) payable to the United States Treasury. Jeffrey K. Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2016-09565 Filed 4-25-16; 8:45 am] BILLING CODE 4410-15-P
![24644 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Notices
with anyone from [other Defendant] Consent Decree. Comments should be Mines, Inc. will pay $5.4 million to the
about marketing plans.) addressed to the Assistant Attorney U.S. Environmental Protection Agency
A copy of the court order is attached. General, Environment and Natural (‘‘EPA’’) and $600,000 to the Colorado
Please read it carefully and familiarize Resources Division, and should refer to Department of Public Health and
yourself with its terms. The order, rather United States and State of South Dakota Environment (‘‘CDPHE’’) for response
than the above description, is v. CoCa Mines, Inc. and Thomas E. costs incurred and to be incurred at the
controlling. If you have any questions Congdon, D.J. Ref. No. 90–11–3–11179. Site. The settlement extends a covenant
about the order or how it affects your All comments must be submitted no not to sue under Sections 106 and 107
activities, please contact me. Thank you later than thirty (30) days after the of CERCLA, 42 U.S.C. 9606 and 9607, to
for your cooperation. publication date of this Notice. the Settling Defendant, CoCa Mines,
Sincerely, Comments may be submitted either by Inc., and to the Settling Defendant’s
[Defendant’s Antitrust Compliance Officer] email or by mail: Related Parties a term defined, subject
[FR Doc. 2016–09728 Filed 4–25–16; 8:45 am]
to specific limitations, to include Hecla
To submit Limited and Creede Resources, Inc. The
Send them to:
BILLING CODE P comments:
settlement further extends, subject to
By e-mail ....... pubcomment-ees.enrd@ specific limitations, to Settling
DEPARTMENT OF JUSTICE usdoj.gov. Defendant’s successors and assigns, and
By mail ........... Assistant Attorney General, to the officers, directors, and employees
Notice of Lodging of Proposed U.S. DOJ—ENRD, P.O. of Settling Defendant and Settling
Consent Decree Under the Box 7611, Washington, Defendant’s Related Parties.
Comprehensive Environmental DC 20044–7611. The publication of this notice opens
Response, Compensation, and Liability a period for public comment on the
Act During the public comment period, Consent Decree. Comments should be
the Consent Decree may be examined addressed to the Assistant Attorney
On April 15, 2016, the Department of and downloaded at this Justice General, Environment and Natural
Justice lodged a proposed Consent Department Web site: http:// Resources Division, and should refer to
Decree with the United States District www.justice.gov/enrd/consent-decrees. United States and State of Colorado v.
Court for the District of South Dakota, We will provide a paper copy of the CoCa Mines, Inc., D.J. Ref. No. 90–11–
Western Division in the lawsuit entitled Consent Decree upon written request 3–10841. All comments must be
United States and State of South Dakota and payment of reproduction costs. submitted no later than thirty (30) days
v. CoCa Mines, Inc. and Thomas E. Please mail your request and payment after the publication date of this notice.
Congdon, Civil Action No. 5:16–cv– to: Consent Decree Library, U.S. DOJ— Comments may be submitted either by
05022–JLV. ENRD, P.O. Box 7611, Washington, DC email or by mail:
This case was brought under Sections 20044–7611.
107(a) and 113(g)(2) of the Please enclose a check or money order To submit
Comprehensive Environmental for $8.25 (25 cents per page Send them to:
comments:
Response, Compensation, and Liability reproduction cost) payable to the United
Act (‘‘CERCLA’’), 42 U.S.C. 9607(a) and States Treasury. By e-mail ....... pubcomment-ees.enrd@
9613(g)(2), for the recovery of response usdoj.gov.
Jeffrey K. Sands, By mail ........... Assistant Attorney General,
costs related to the cleanup at the Gilt
Edge Mine Site (‘‘Site’’) in Lawrence Assistant Section Chief, Environmental U.S. DOJ—ENRD, P.O.
Enforcement Section, Environment and Box 7611, Washington,
County, South Dakota. Natural Resources Division. D.C. 20044–7611.
The United States and the State of
[FR Doc. 2016–09565 Filed 4–25–16; 8:45 am]
South Dakota filed a Complaint in this
case on April 14, 2016 alleging that the BILLING CODE 4410–15–P During the public comment period,
Defendants are jointly and severally the Consent Decree may be examined
liable for response costs related to the and downloaded at this Justice
cleanup at the Site. 42 U.S.C. 9607(a) DEPARTMENT OF JUSTICE Department Web site: http://
and 9613(g)(2). The Complaint requests www.justice.gov/enrd/consent-decrees.
Notice of Lodging of Proposed We will provide a paper copy of the
recovery of costs that the United States Consent Decree Under the
and the State incurred responding to Consent Decree upon written request
Comprehensive Environmental and payment of reproduction costs.
releases of hazardous substances at the Response, Compensation, and Liability
Site near Lead, South Dakota. Both Please mail your request and payment
Act to:
Defendants signed the Consent Decree
and will pay a combined $10.3 million On April 14, 2016, the Department of Consent Decree Library, U.S. DOJ—
in cash, with CoCa Mines paying up to Justice lodged a proposed Consent ENRD, P.O. Box 7611, Washington,
an additional $700,000 in future Decree with the United States District DC 20044–7611.
insurance recovery. The money will be Court for the District of Colorado in the Please enclose a check or money order
used to help pay for response costs lawsuit entitled United States and State for $6.75 (25 cents per page
related to the cleanup at the Site. In of Colorado v. CoCa Mines, Inc., Civil reproduction cost) payable to the United
return, the United States and the State Action No. 1:16–cv–00847WJM. States Treasury for a copy of the
mstockstill on DSK4VPTVN1PROD with NOTICES
of South Dakota agree not to sue the The case concerns the Nelson Tunnel/ Consent Decree.
Defendants under Sections 106 and 107 Commodore Waste Rock Pile Superfund
of CERCLA, 42 U.S.C. 9606 and 9607. Site (‘‘Site’’) located near Creede, Jeffrey K. Sands,
The Consent Decree would resolve the Colorado, and the potential liability of Assistant Section Chief, Environmental
claims against the Defendants as CoCa Mines, Inc. under Section 107(a) Enforcement Section, Environment and
described in the Complaint. of CERCLA, 42 U.S.C. 9607(a), as a past Natural Resources Division.
The publication of this Notice opens owner or operator at the Site from 1973 [FR Doc. 2016–09564 Filed 4–25–16; 8:45 am]
a period for public comment on the to 1993. Under the settlement CoCa BILLING CODE 4410–15–P
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Document Created: 2016-04-26 01:36:18
Document Modified: 2016-04-26 01:36:18
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| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 81 FR 24644 |
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