Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (``CERCLA'')

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act (``CERCLA'')

In accordance with Departmental policy, 28 U.S.C. 50.7, and section

122(d), (g), and (i) of the Comprehensive Environmental Response,

Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622 (d), (g),

and (i), notice is hereby given that on May 6, 1994, a proposed partial

consent decree in United States v. Apache Energy & Mineral Company, et

al., Civil Action No. 86-C-1675 (consolidated with Civil Action No. 83-

C-2388), was lodged with the United States District Court for the

District of Colorado.

The proposed consent decree between the United States and Hecla

Mining Company (``Hecla'') is a cash-out settlement pursuant to

Sections 104 and 107 of CERCLA, 42 U.S.C. 9604 and 9607. The proposed

partial consent decree resolves Hecla's alleged liability for the

generation and disposal of the Malta Gulch Tailings into the Malta

Gulch Tailings Impoundments portion of the California Gulch Superfund

Site (``Site''). The proposed consent decree also settles any remaining

CERCLA liability Hecla may have at the Site as a result of the impacts

of releases of the Malta Gulch Tailings, except liability for natural

resource damages.

The proposed consent decree also settles the alleged liability of

the United States for disposal of mill tailings containing hazardous

substances at the Malta Gulch Tailings Impoundments portion of the

Site.

Under the terms of the proposed partial consent decree, within 30

days of the effective date of the decree Hecla will pay $516,000 and

the United States will pay $100,000 to reimburse the Hazardous

Substance Superfund. The United States will pay an additional $72,000

plus interest to the Superfund within 1 year of the effective date of

the decree. The decree provides that, subject to certain reservations,

the United States covenants not to sue or take any other civil or

administrative action against Hecla pursuant to Sections 106 and 107 of

CERCLA, 42 U.S.C. 9606 and 9607, and Section 7003 of RCRA, 42 U.S.C.

6973. The Environmental Protection Agency (``EPA'') also covenants not

to take administrative action against the United States under these

same statutes and sections.

The Department of Justice will receive comments relating to the

proposed consent decree between the United States and Hecla for a

period of thirty (30) days from the date of this publication. Comments

should be submitted to the Assistant Attorney General, Environment &

Natural Resources Division, U.S. Department of Justice, Washington, DC

20530 and should refer to United States v. Apache Energy & Mineral

Company, et al., DOJ Ref. 90-11-3-138.

Copies of the proposed consent decree may be examined at the Office

of the United States Attorney, District of Colorado, 1961 Stout Street,

suite 1200, Denver, Colorado or at the EPA Superfund Records Center,

999 18th Street, 5th floor, South Tower, Denver, Colorado between 8:30

a.m. and 4:30 p.m. A copy may also be obtained in person or by mail

from the Consent Decree Library, 1120 G Street, NW., 4th floor,

Washington, DC 20005 (202-624-0892). When requesting a copy of the

proposed consent decree, please refer to the referenced case and

enclose a check in the amount of $9.75 (25 cents per page reproduction

costs), payable to the ``Consent Decree Library''.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment & Natural

Resources Division.

[FR Doc. 94-13426 Filed 6-1-94; 8:45 am]

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