Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.

9622(d)(2), notice is hereby given that a proposed Consent Decree in

United States of America v. Bayard Mining Corp., Mining Remedial

Recovery Corp., and VIACOM International Inc., Civil Action No. 95-285-

MVLFG, was lodged on March 21, 1995 with the United States District

Court for the District of New Mexico. Contemporaneously with the

lodging of the consent decree, the United States filed a civil action

under Sections 106 and 107 of the Comprehensive Environmental Response,

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

U.S.C. 9606 and 9607, for injunctive relief to abate an imminent and

substantial endangerment to the public health and welfare or the

environment due to the release or threatened release of hazardous

substances from a facility, and for recovery of response costs that

have been and will be incurred by the United States in response to

releases or threatened releases of hazardous substances from the same

facility, known as the Cleveland Mill Superfund site, located in Grant

County, New Mexico. Under the proposed Consent Decree, Settling

Defendants will conduct or finance 100% of the remedial design and

remedial action at the Site; pay 100% of past and future costs; and pay

for damages to natural resources at the Site.

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

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

proposed 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. Comments should refer to United States of America v. Bayard

Mining Corp., Mining Remedial Recovery Corp., and VIACOM International

Inc., DOJ Ref. #90-11-3-1171.

The proposed consent decree may be examined at the office of the

United States Attorney, 625 Silver, SW, Suite

[[Page 18853]]

400 Albuquerque, New Mexico; the Region VI Office of the Environmental

Protection Agency, 1445 Ross Avenue, Dallas, Texas; and at the Consent

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

(202) 624-0892. A copy of the proposed Consent Decree may be obtained

in person or by mail from the Consent Decree Library.

In requesting a copy, please enclose a check in the amount of

$21.25 (25 cents per page reproduction cost) payable to the ``Consent

Decree Library.''

Joel M. Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-9106 Filed 4-12-95; 8:45 am]

BILLING CODE 4410-01-M