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

Notice is hereby given that a proposed partial consent decree in

United States v. Torger L. Oaas, et al., Civil Action No. 90-75-BU-PGH

(D. Montana), was lodged on March 3, 1996 with the United States

District Court for the district of Montana, Butte Division. The

proposed partial consent decree resolves the United States' claims for

response costs at the Montana Pole and Treating Plant Superfund Site

pursuant to Sections 107 and 113(g) of the comprehensive Environmental

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

amended, 42 U.S.C. 9607 and 9613(g). Under the terms of the Consent

Decree, the Settling Defendants, the Atlantic Richfield Company, the

Burlington Northern Railroad Company, Inland Properties, Inc., Montana

Resources, Inc., and Dennis R. Washington will pay the

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United States the sum of $2,700,000 in settlement of the United States'

past response cost claims and $35,070,000 in future response costs

incurred and to be incurred by the United States and the State of

Montana for the cleanup of contaminated soils and groundwater at the

Montana Pole and Treating Plant Superfund Site (the ``Site'') located

near Butte, Montana. Future costs are estimated to be $35 million. The

Consent Decree provides for a reopener if these costs exceed $41

million. This proposed decree also settles counter claims brought by

defendants against the United States and defendants' CERCLA Section 107

and 113 claims against the Environmental Protection Agency's response

action contractors, Riedel Environmental Services, Inc. and Roy F.

Weston, Inc.

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, Washington, D.C. 20530, and should

refer to United States v. Torger L. Oaas, et al., Civil Action No. 90-

75-BU-PGH (D. Montana), DOJ Ref. #90-11-2-429. Commenters may request

an opportunity for a public meeting in the affected area, in accordance

with Section 7003(d) of RCRA.

The proposed consent decree may be examined at the United States

Department of Justice, Environment and Natural Resources Division,

Denver Field Office, 999 18th Street, North Tower Suite 945, Denver,

Colorado, 80202 and at the Consent Decree Library, 1120 G Street, N.W.,

4th Floor, Washington, D.C. 20005, 202-624-0892. A copy of the proposed

partial consent decree 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 $20.50 (25 cents per page

reproduction costs), payable to the Consent Decree Library. Attachments

to the proposed partial consent decree can be obtained for the

additional amount of $46.75.

Joel M. Gross,

Chief, Environmental Enforcement Section.

[FR Doc. 96-10267 Filed 4-24-96; 8:45 am]

BILLING CODE 4410-01-M