Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act

[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Pages 57652-57653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27900]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act and the 
Resource Conservation and Recovery Act

    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 past 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

[[Page 57653]]

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. 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. Comments should be addressed to the Assistant Attorney General 
of the Environment and Natural Resources Division, Department of 
Justice, Washington, DC 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 the Consent Decree Library, Department of 
Justice, P.O. Box 7611, Washington, DC 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. 99-27900 Filed 10-25-99; 8:45 am]
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