Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response Compensation and Liability Act

[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Notices]
[Pages 68296-68297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32822]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response Compensation and Liability Act

    Notice is hereby given that a proposed consent decree in United 
States v. ARCO, Civil Action No. 89-039-BU-PGH (D. Mont.) and Montana 
v. ARCO, Civil Action No. 83-317-HLN-PGH (D. Mont.), was lodged on 
November 16, 1998 with the United States District Court for the 
District of Montana. The United States filed its action pursuant to the 
Comprehensive Environmental Response, Compensation, and Liability Act 
to recover costs incurred and to be incurred in cleaning up three 
Superfund Sites in southwestern Montana. The State of Montana filed its 
action pursuant to CERCLA and State law to recover natural resource 
damages arising from the injury or destruction of natural resources 
within the same area. The Confederated Salish and Kootenai Tribes of 
the Flathead Reservation intervened in Montana v. ARCO, asserting 
claims for the recovery of natural resource damages as well.
    The Consent Decree provides for the following: (1) ARCO's payment 
of $80 million toward the ongoing remediation of one operable unit 
(``the SST OU''), which represents 100% of the total projected costs of 
that work, with provisions for the payment of cost overruns by ARCO, 
the State of Montana, and EPA; (2) ARCO's payment of $3.9 million 
towards the United States' $14.7 million in past costs related to the 
SST OU; (3) ARCO's payment of a $1.8 million civil penalty for its 
failure or refusal to comply with the Administrative Order requiring it 
to perform the remedy at the SST OU; (4) payment of $2 million to the 
Superfund to settle ARCO's counterclaims against the United States 
related to the SST OU; (5) ARCO's commitment to a schedule to settle 
the rest of the United States' cost recovery claims for the three 
Sites, together with an ``earnest money'' deposit of $15 million 
towards past cost if settlement is not reached on the remainder of the 
case; (6) ARCO's payment of $1.7 million in cash and ARCO's creation of 
400 acres of replacement wetlands in settlement of the U.S. Fish and 
Wildlife Service's claims for natural resource damages (work valued at 
approximately $3.3 million); (7) the creation of an additional 1,200 
acres of wetlands by the State of Montana and the Confederated Salish 
and Kootenai Tribes of the Flathead Reservation to further compensate 
the U.S. Fish and Wildlife Service; (8) commitments by the State and 
the Tribes to perform restoration work related to the creation of bull 
trout habitat within the Clark Fork River Basin; and (9) ARCO's payment 
of $18.3 million to the Tribes in compensation for their natural 
resource damages claims. The proposed Consent Decree also provides that 
the United States covenants not to sue or take administrative action 
against ARCO, its officers, directors and employees to the extent such 
officers', directors', and employees' liability arises solely from 
their status as officers, directors, or employees, pursuant to Sections 
106, 107(a) of CERCLA, 42 U.S.C. 9606, 9607(a) and Section 7003 of the 
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973 at 
the SST OU, except as specifically provided in the consent decree. This 
settlement is contingent upon entry of a State Consent Decree that was 
lodged on June 19, 1998 and settles the claims of the State of Montana 
for natural resource damages at certain locations within the Basin. The 
State Consent Decree provides for the recovery of $133 million in cash 
and $2 million in land. Together, therefore, the two settlements result 
in recovery of at least $100.9 million in response costs and $158.2 
million in natural resource damages.
    The Department of Justice will provide a RCRA public meeting in the 
affected area if requested and will receive, for a period of thirty 
(30) days from the date of this publication, comments relating to the 
proposed consent decree. Comments and/or a request for a RCRA public 
meeting should be addressed to the Assistant Attorney General for the 
Environment and Natural Resources Division, Department of Justice, 
Washington, DC 20530, and should refer to United States v. ARCO, DOJ 
Ref. #90-11-2-430.
    The proposed consent decree may be examined at the office of the 
United States Attorney, Western Federal Savings and Loan Building, 2929 
3rd Avenue, North, Suite 400, Billings, Montana 59101, the Montana 
Field Office, Environmental Protection Agency, Federal Building 301 
South Park, Drawer 10096 Helena, MT 59626-0096, and at the Consent 
Decree Library, 1120 G Street, NW., 3rd Floor, Washington, DC 20005, 
(202) 624-0892.

[[Page 68297]]

A copy of the proposed consent decree may be obtained in person or by 
mail from the Consent Decree Library, 1120 G Street, NW., 3rd Floor, 
Washington, DC 20005. In requesting a copy please refer to the 
referenced case and enclose a check in the amount of $31.00 for the 
consent decree and $47.50 for the attachments (25 cents per page 
reproduction costs) for each decree, payable to the Consent Decree 
Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 98-32822 Filed 12-9-98; 8:45 am]
BILLING CODE 4410-15-M