Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental; Blackbird Mining Response, Co. et al., Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental; Blackbird Mining Response, Co. et al., Compensation, and

Liability Act

Consistent with Department of Justice policy, 28 CFR 50.7, notice

is hereby given that on December 22, 1994, a proposed consent decree in

United States v. Blackbird Mining Co., et al. and State of Idaho, et

al. v. The M.A. Hanna Company, Consolidated Case No. 83-4179 (D.

Idaho), was lodged with the United States District Court for the

District of Idaho. The consent decree resolves claims against the Union

Carbide Corporation, one of several defendants named in this action,

brought under Sections 106 and 107 of the Comprehensive Environmental

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

U.S.C. 9606 and 9607, to accomplish the clean up of the contamination,

and restoration of the natural resources, at the Blackbird Mine in

central Idaho and for the recovery of past and future response costs.

The United States' claims were filed in June 1993 against the past and

current owners and operators of the mine on behalf of the United States

Forest Service and United States National Oceanic and Atmospheric

Administration acting as natural resource trustees and on behalf of the

EPA. The United States case was consolidated with a case filed by the

State of Idaho in 1983 against most of the same parties.

This settlement is with Union Carbide, a successor to the Haynes-

Stellite Company, which mined a very small amount of copper and cobalt

at the Site for a brief period during World War I. With the exception

of Union Carbide, all the named defendants either conducted mining

activities during the later years of production or are the current

owners. The area of the Site impacted by the Haynes-Stellite Company is

distinct and separated geographically from the main mine workings of

concern. The total waste contributed to the Site from the Haynes

Stellite Company is minimal. The proposed consent decree resolves the

United States' and Idaho's claims only against Union Carbide and has no

effect on the claims against any of the other defendants, or any

counterclaims or cross-claims against any of the other parties.

Pursuant to the proposed consent decree, Union Carbide Corporation will

pay $250,000 to the Plaintiff Governments in return for dismissal from

the action and contribution protection.

The Department of Justice will receive comments relating to the

proposed consent decree for a period of thirty (30) days from the date

of this publication. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resources Division,

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

D.C. 20044, and refer to United States v. Blackbird Mining Co., et al.

and State of Idaho, et al. v. The M.A. Hanna Company, DOJ number 90-11-

2-816.

Copies of the proposed consent decree may be examined at the

Office of the Attorney General, Chief Natural Resources Division, 700

W. Jefferson, Suite 210, Boise, Idaho; Office of the United States

Attorney, 877 W. Main Street, Suite 201, Boise, Idaho; and the Consent

Decree Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005,

(202) 624-0892. A copy of the proposed consent decree may be obtained

by mail or in person from the Consent Decree Library. When requesting a

copy of the consent decree, please enclose a check in the amount of

$4.25 (25 cents per page reproduction costs) payable to the ``Consent

Decree Library''. When requesting a copy please refer to United States

v. Blackbird Mining Co., et al. and State of Idaho, et al. v. The M.A.

Hanna Company, Consolidated Case No. 83-4179 (D. Idaho), DOJ Case

number 90-11-2-816.

Bruce Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-186 Filed 1-4-95; 8:45 am]

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