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 notice is hereby given that on

February 10, 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 for 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. Sec. 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 MAXXAM, Inc. and

Top of Aspen, Inc. (``MAXXAM''). This decree settles claims brought by

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

U.S.C. Sec. 9607(a), and provides the MAXXAM 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. Secs. 9606 and 9607(a), and Section

7003 of RCRA, 42 U.S.C. Sec. 6973 as well as a limited covenant for

natural resource damages on Operable Unit 1 of the Site. In return,

MAXXAM will reimburse the United States $1,700,000,00 for response

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

resolves potential counterclaims by MAXXAM 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, D.C. 20044, and should refer to United States v. Smuggler-

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

The proposed Consent Decree may be examined at the Region VIII

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

500, Denver, Colorado 80202; and at the Consent Decree Library, 1120 G

Street, N.W., 4th Floor, Washington, DC 20005, 202-624-0892. Copies of

the proposed Consent Decrees may be obtained in person or by mail from

the Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 20005. In requesting a copy, please refer to the referenced case

and enclose a check in the amount of $8.25 (25 cents per page

reproduction costs), payable to the Consent Decree Library.

Joel M. Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-6049 Filed 3-10-95; 8:45 am]

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