Notice of Lodging of Consent Decree Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Water

Act

Pursuant to 28 CFR 50.7, notice is hereby given that a Consent

Decree in United States and the State of Montana v. Pegasus Gold

Corporation and Zortman Mining, Inc., Civil Act No. 95-95-BLG-JDS (D.

Mont.), entered into by the United States on behalf of the United

States Environmental Protection Agency, the State of Montana on behalf

of the Montana Department of Environmental Quality, and Pegasus Gold

Corporation and its wholly-owned subsidiary Zortman Mining, Inc.

(collectively ``Defendants''), was lodged on July 22, 1996 with the

United States District Court for the District of Montana. The Fort

Belknap Community Council, on behalf of the Assiniboine Tribe and the

Gros Ventre Tribe (the ``Tribes''), and Island Mountain Protectors

Association (``IMP''), are also parties to the Consent Decree. The

Tribes and IMP asserted claims against Defendants and Pegasus Gold,

Inc. in Civil Action No. 95-96 BLG-JDS (D. Mont.), which will be

consolidated with Civil Action No. 95-95 BLG-JDS upon entry of the

Consent Decree. The proposed Consent Decree resolves claims of the

United States against the Defendants under section 301(a) of the Clean

Water Act, 33 U.S.C. 1311(a), claims of the State of Montana against

the Defendants under Mont. Code Ann. section 75-5-631, and claims of

the Tribes and IMP against the Defendants under section 505 of the

Clean Water Act, 33 U.S.C. 1365, relating to the discharge of mine

drainage and other mine wastewaters at or from the Defendants' Zortman

and Landusky mines located next to the Fort Belknap Indian Reservation

in northcentral Montana prior to the date of the lodging of the Consent

Decree.

The decree includes injunctive relief addressing all discharges of

mine wastewaters at or from the Zortman and Landusky mines. Defendants

will pay a civil penalty in the amount of $2 million split equally

between the United States and the State of Montana, and pay $1 million

to the Tribes in partial satisfaction of the Tribes' common law

aboriginal water rights claim. Defendants will perform three

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supplemental environmental projects, including a human health study, an

aquatic health study, and a water system improvements project,

estimated to cost $1,490,000.00.

The Department of Justice will receive comments relating to the

proposed Consent Decree for 30 days following the publication of this

Notice. Comments should be addressed to the Assistant Attorney General

of the Environment and Natural Resources Division, Department of

Justice, Washington, D.C. 20530, and should refer to United States and

the State of Montana v. Pegasus Gold Corporation and Zortman Mining,

Inc., Civil Action No. 95-95-BLG-JDS (D. Mont.), D.J. Ref. No. 90-5-1-

1-4217. The proposed Consent Decree may be examined at the Office of

the United States Attorney for the District of Montana, Suite 400, 2929

Third Avenue North, Billings, Montana 59103, and at the Montana

Operations Office of U.S. Environmental Protection Agency Region VIII,

301 S. Park, Helena, Montana 59626-0096. Copies can also 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 $91.50 for

a copy of the Consent Decree with attachments, made payable to the

Consent Decree Library (25 cents per page reproduction costs).

Joel M. Gross,

Section Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-20088 Filed 8-6-96; 8:45 am]

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