83 FR 55740 - Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Federal Debt Collection Procedures Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 216 (November 7, 2018)

[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55740-55741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24300]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
and the Federal Debt Collection Procedures Act

    On October 31, 2018, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the Western 
District of Missouri in the matter entitled United States of America, 
et al v. Blue Tee Corp., Brown Strauss, Inc., David P. Alldian, Richard 
A. Secrist, and William M. Kelly Case No. 3:18-cv-5097. The Consent 
Decree resolves claims against Blue Tee Corp. (``Blue Tee'') and Brown 
Strauss Inc. (``BSI'') under the Comprehensive Environmental

[[Page 55741]]

Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601 
et seq. The claims involved are asserted by the United States on behalf 
of the Environmental Protection Agency, the Department of Agriculture, 
and the Department of Interior, and claims are asserted by the states 
of Colorado, Oklahoma, Missouri, Kansas, Illinois, Montana, Tennessee, 
and by the Eastern Shawnee Tribe of Oklahoma, the Ottawa Tribe of 
Oklahoma, the Peoria Tribe of Indians of Oklahoma, the Seneca-Cayuga 
Nation, the Wyandotte Nation, the Miami Tribe of Oklahoma and the 
Cherokee Nation (``the Governments''). The Consent Decree also resolves 
claims against Blue Tee, David P. Alldian, Richard A. Secrist, and 
William M. Kelly (``D&O Defendants'') under the Federal Debt Collection 
Procedures Act (``FDCPA''), 28 U.S.C. 3301 et. seq. and similar state 
and tribal laws. Under the Consent Decree, the Governments will share 
in payments from the Settling Defendants totaling $75,725,000 which 
will be allocated on a site by site basis as set forth in the Consent 
Decree. In this Consent Decree the United States grants covenants not 
to sue for the following Sites: Old American Zinc Plant, Sauget 
Industrial Corridor, and Asarco Taylor Springs Sites in Illinois; the 
Tar Creek Site in Oklahoma; the Cherokee County, Caney Residential 
Yards, American Zinc, Lead and Smelting Company, Dearing, Neodesha, 
Owen Zinc, and East La Harpe Smelter Sites in Kansas; the Jasper County 
and Newton County Sites in Missouri; the Carpenter-Snow Creek Mining 
Site in Montana; the Klondyke Tailings Site in Arizona; the Bonita Peak 
and Ouray Sites in Colorado; the Rockwood Iron and Metal Site in 
Tennessee; and the Anderson-Calhoun Mine & Mill and the Grandview Mine 
& Mill Sites in Washington. The CERCLA claims arise from the Blue Tee's 
and BSI's liabilities under Section 107(a) of CERCLA, 42 U.S.C. 
9607(a), for costs incurred and to be incurred relating to the sites 
listed above.
    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 of America, et al. v. Blue Tee Corp., 
Brown Strauss, Inc., David P. Alldian, Richard A. Secrist, and William 
M. Kelly Case No. 3:18-cv-5097, D.J. Ref. No. 90-11-2-330/12. 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 website: https://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 $10.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Susan M. Akers,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-24300 Filed 11-6-18; 8:45 am]
 BILLING CODE 4410-15-P