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

In accordance with Department policy and 28 CFR 50.7, notice is

hereby given that on June 15, 1995, a proposed Partial Consent Decree

in United States v. Smuggler-Durant Mining Corporation, et al., Civil

Action No. 89-C-1802, was lodged with the United States District Court

of the District of Colorado. 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 seq., against several parties who are owners or

operators of facilities 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 involves the Smuggler Durant

Mining Corporation (``SDMC''). This decree settles claims brought by

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

U.S.C. 9607(a), and provides SDMC a convenant 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, regarding Operable Unit 1 of the Site. The proposed

partial consent decree dismissed without prejudice the claims of the

United States against SDMC regarding Operable Unit 2 of the Site. In

return, SDMC will reimburse the United States $400,000 for response

costs incurred in connection with the Site. Finally, the decree

resolves potential counterclaims by SDMC 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 entry of this publication comments relating to

the proposed Partial Consent Decree. Comments should be addressed to

the Assistant Attorney General of the Environment and Natural Resources

Division, Department of Justice, P.O. Box 7611, Ben Franklin Station,

Washington, DC 20044, and should refer to United States v. Smuggler-

Durant Mining Corporation, et al., DOJ Ref. No. 90-11-2-174. In

accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d), commenters

may request a public meeting in the affected area.

The proposed Partial Consent Decree may be examined at the

Environment and Natural Resources Division, Department of Justice Field

Office, Suit 945, 999 18th Street--North Tower, Denver, Colorado 80202

and at the Region VIII Office of the Environmental Protection Agency,

999 18th Street, Suite 500, Denver, Colorado 80202. Copies of the

proposed Partial Consent Decree may also be examined at or obtained by

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

Washington, DC 20005, (202) 624-0892. In requesting a copy please refer

to the referenced case and enclose a check in the amount of $7.00 for

the decree (additional charges may apply if attachments are requested)

(twenty-five cents per page reproduction costs) payable to the

``Consent Decree Library.''

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section.

[FR Doc. 95-15778 Filed 6-27-95; 8:45 am]

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