Notice of Lodging of Partial Consent Decree for Claims Under Section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Partial Consent Decree for Claims Under

Section 107(a) of the Comprehensive Environmental Response,

Compensation and Liability Act

Notice is hereby given that on October 31, 1994, a proposed partial

Consent Decree between the United States and the Board of County

Commissioners for Pitkin County (``County'') in United States v.

Smuggler-Durant, Mining Corporation, et al., Civil Action No. 89-C-

1802, was lodged with the United States District Court for the District

of Colorado on October 31, 1994. The Complaint in this case was brought

under Section 107(a) of the Comprehensive Environmental Response,

Compensation and Liability Act of 1980, as amended (``CERCLA''), 42

U.S.C. 9601 et al., against several parties who are owners or operators

of a facility at which hazardous substances are being released into the

environment, or who owned or operated facilities at a time when

hazardous substances were disposed of there. The United States'

Complaint sought recovery of costs incurred and to be incurred by the

United States in connection with the clean up of hazardous substances

at the Smuggler Mountain Superfund Site (``Site'') in and adjacent to

the City of Aspen, Colorado.

The proposed partial Consent Decree settles claims brought by the

United States against the County under Section 107(a) of CERCLA, 42

U.S.C. 9607(a), and provides the County a covenant not to sue for past

and future response costs or response actions under Sections 106 and

107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and Section 7003 of RCRA,

42 U.S.C. 6973 as well as a limited covenant for natural resource

damages on Operable Unit 1 of the Site. In return, the County has

adopted and, within its jurisdiction will enforce, institutional

controls which are designed to minimize the potential for human

exposure to hazardous substances at the Site. Further, the County will

perform remediation at specific locations on site which will result in

the removal or capping in place of contaminated soils. Finally, the

decree resolves potential counterclaims by the County against the

United States for any activities conducted on-Site by any

instrumentality of the United States.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed Partial Consent Decree. Comments should be addressed to the

Assistant Attorney General for the Environment and Natural Resources

Division, Department of Justice, P.O. Box 7611, Washington, DC 20044,

and should refer to United States v. Smuggler-Durant Mining

Corporation, et al., DOJ Ref. #90-11-2-174.

The proposed Partial Consent Decree may be examined at the

Environment and Natural Resources Division, Department of Justice Field

Office, Suite 945, 999 18th Street--North Tower; and at the Region VIII

Office of the Environmental Protection Agency, 999 18th Street, Suite

500, Denver, CO80202. A copy of the proposed Partial Consent Decree may

also be examined at or obtained by mail from the Consent Decree

Library, 1120 G Street, N.W., 4th Floor, Washington, DC 20005. In

requesting a copy, please refer to the referenced case and enclose a

check in the amount of $24.25 payable to the Consent Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-30825 Filed 12-15-94; 8:45 am]

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