Notice of Availability of and Initiation of a 30 Day Public Comment Period for an Administrative Order on Consent for De Minimis Waste Contributors Pursuant to the Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5548-7]

Notice of Availability of and Initiation of a 30 Day Public

Comment Period for an Administrative Order on Consent for De Minimis

Waste Contributors Pursuant to the Comprehensive Environmental Response

Compensation and Liability Act (CERCLA)

Notice is hereby given that on July 24, 1996, an administrative

order on consent (``Order'') between the United States Environmental

Protection Agency, Region VIII and The Cleveland-Cliffs Iron Company,

Union Pacific Resources Company and Union Pacific Resources Group, Inc.

(collectively, ``the Settling Parties'') was approved by the Department

of Justice, Environmental and Natural Resources Division, on behalf of

the Attorney General of the United States, for the Summitville Mine

Superfund Site (``Site'').

Because of the minimal nature, by volume and toxicity, of the

hazardous substances allegedly contributed by the Settling Parties to

the Site, EPA determined that the Settling Parties are eligible for a

de minimis settlement in accordance with Section 122(g) of CERCLA.

According to the terms of the Order, in exchange for a cash payment of

$700,000, including a premium, the Settling Parties have resolved their

potential civil liability under Sections 106 and 107 of CERCLA, 42

U.S.C. 9606 and 9607 and Section 7003 of the Resource Conservation and

Recovery

[[Page 41157]]

Act, as amended, 42 U.S.C. 6973 for the Site.

EPA Region VIII will receive comments relating to the proposed

Order for a period of thirty days from the date of publication of this

notice. Comments should be addressed to Nancy Mangone, Enforcement

Attorney (8ENF-L), U.S. EPA Region VIII, 999 18th Street, Denver,

Colorado 80202 and should refer to the Summitville Mine Superfund Site,

EPA Docket No. CERCLA-VIII-96-23, Administrative Order an Consent

between U.S. EPA Region VIII and The Cleveland-Cliffs Iron Company,

Union Pacific Resources Group, Inc. and Union Pacific Resources

Company. In accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d),

commenters may request a public meeting in the affected areas.

The proposed Order may be examined in person at the Superfund

Records Center, EPA Region VIII, 999 18th Street, Suite 500, Denver,

Colorado 80202, (303) 312-6111. A copy of the Order may also be

obtained by mail from Mr. James Worden of the EPA Region VIII Superfund

Records Center (8EPR-PS) at the address listed above. In requesting a

copy, please refer to the referenced case and number. There is no cost

for requesting this document.

Max H. Dodson,

Assistant Regional Administrator, Office of Ecosystems Protection and

Remediation, U.S. EPA Region VIII.

In the Matter of: Summitville Mine Superfund Site, Site No. Y3;

The Cleveland-Cliffs Iron Company, Union Pacific Resources Group,

Inc. and Union Pacific Resources Company, Respondents. Proceeding

Under Section 122(g)(4) of the Comprehensive Environmental Response,

Compensation, and Liability Act, as amended (42 U.S.C.

Sec. 9622(g)(4)). EPA Docket No. CERCLA-VIII-96-23.

CERCLA Section 122(G)(4) De Minimis Waste Contributor Administrative

Order

I. Jurisdiction

1. This Administrative Order on Consent (``Consent Order'' or

``Order'') is issued pursuant to the authority vested in the President

of the United States by Section 122(g)(4) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, as

amended (``CERCLA''), 42 U.S.C. Sec. 9622(g)(4), to reach settlements

in actions under Section 106 or 107 of CERCLA, 42 U.S.C. Secs. 9606 or

9607. The authority vested in the President has been delegated to the

Administrator of the United States Environmental Protection Agency

(``EPA'') by Executive Order 12580, 52 Fed. Reg. 2923 (Jan. 29, 1987),

and further delegated to the Regional Administrators of the EPA by EPA

Delegation No. 14-14-E. This authority has been redelegated to the

Assistant Regional Administrator for Ecosystem Protection and

Remediation.

2. This Order is issued to The Cleveland-Cliffs Iron Company, Union

Pacific Resources Company and Union Pacific Resources Group, Inc. Each

Respondent agrees to undertake all actions required by this Consent

Order. Each Respondent further consents to and will not contest EPA's

jurisdiction to issue this Consent Order or the implement or enforce

its terms.

II. Statement of Purpose

3. By entering into this Consent Order, the mutual objectives of

the Parties are:

a. to reach a final settlement among the Parties with respect to

the Site pursuant to Section 122(g) of CERCLA, 42 U.S.C. 9622(g), that

allows Respondents to make a cash payment, including a premium, to

resolve their alleged civil liability under Sections 106 and 107 of

CERCLA, 42 U.S.C. 9606 and 9607 and Section 7003 of the Resource

Conservation and Recovery Act, as amended, 42 U.S.C. 6973, for

injunctive relief with regard to the Site, and for response costs

incurred and to be incurred at or in connection with the Site, thereby

reducing litigation relating to the Site;

b. to simplify any remaining administrative and judicial

enforcement activities concerning the Site by eliminating three of the

potentially responsible parties from further involvement at the Site;

and

c. to obtain settlement with Respondents for their fair share, as

determined by EPA, of response costs incurred and to be incurred at or

in connection with the Site by the EPA Hazardous Substance Superfund,

and to provide full and complete contribution protection for

Respondents with regard to the Site pursuant to Sections 122(f)(2) and

122(g)(5) of CERCLA, 42 U.S.C. 9622(f)(2) and 9622(g)(5).

III. Definitions

4. Unless otherwise expressly provided herein, terms used in this

Consent Order that are defined in CERCLA or in regulations promulgated

under CERCLA shall have the meaning assigned to them in the statute or

regulations. Whenever the terms listed below are used in this Consent

Order, the following definitions shall apply:

``CERCLA'' shall mean the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601 et

seq.

``Consent Order'' or ``Order'' shall mean this Administrative Order

on Consent and all appendices attached hereto. In the event of conflict

between this Order and any appendix, the Order shall control.

``Day'' shall mean a calendar day. In computing any period of time

under this Consent Decree, where the last day would fall on a Saturday,

Sunday, or Federal holiday, the period shall run until the close of

business of the next working day.

``EPA'' shall mean the United States Environmental Protection

Agency and any successor departments or agencies.

``EPA Hazardous Substance Superfund'' shall mean the Hazardous

Substance Superfund established by the Internal Revenue Code, 26 U.S.C.

9507.

``Information currently known to the United States'' shall mean

that information and those documents contained in the Administrative

Record and Site File for the Site as of the effective date of this

Order.

``Interest'' shall mean interest at the rate specified for interest

on investments of the EPA Hazardous Substance Superfund established by

26 U.S.C. 9507, compounded on October 1 of each year, in accordance

with 42 U.S.C. 9607(a).

``New Information'' shall mean information not contained in the

Administrative Record or Site File for the Site as of the effective

date of this Order.

``Paragraph'' shall mean a portion of this Consent Order identified

by an arabic numeral.

``Parties'' shall mean EPA and the Respondents.

``Respondents'' shall mean The Cleveland-Cliffs Iron Company (CC),

Union Pacific Resources Company and Union Pacific Resources Group, Inc.

(together, UP).

``Response Costs'' shall mean all costs of ``response'' as that

term is defined by Section 101(25) of CERCLA.

``Section'' shall mean a portion of this Consent Order identified

by a roman numeral.

``Site'' shall mean the Summitville Mine Superfund Site Remedial

Investigation/Feasibility Study Area within Rio Grande County,

Colorado. Approximately 550 acres of the Site, known a the Summitville

Minesite, have been disturbed by mining activities and is currently

undergoing remedial action. As depicted on the map attached as Appendix

A, the Site consists of portions of the Alamosa River Watershed EPA

believes may have been impacted by releases of hazardous

[[Page 41158]]

substances from the Summitville Minesite. More specifically, the Site

includes the following areas: Area 1--Summitville Mine Site--The area

within the mine permit boundaries; Area 2--Wightman Fork--The Wightman

Fork and associated wetlands between the down stream mine permit

boundary to the confluence with the Alamosa River; Area 3--Alamosa

River--The Alamosa River and associated wetlands from the confluence

with the Wightman Fork downstream to the inlet of the Terrace

Reservoir; Area 4--Terrace Reservior--The area which contains the

Terrace Reservoir; and Area 5--Below Terrace Reservior--The area below

the Terrace Reservoir which has been impacted by contamination

transported by the Alamosa River and irrigation canals.

``United States'' shall mean the United States of America,

including its departments, agencies and instrumentalities.

IV. Statement of Facts

5. The United States Environmental Protection Agency (EPA)

initiated removal response actions at the Site on December 18, 1992 to

address releases or threatened releases of hazardous substances into

the Alamosa River and surrounding environment pursuant to the

President's authority under Sections 104 and 106 of the Comprehensive

Environmental Response, Compensation and Liability Act of 1980, as

amended by the Superfund Amendments and Reauthorization Act of 1986,

Pub. L. 99-499, 42 U.S.C. 9604 and 9606(a) (CERCLA).

6. On May 31, 1994, EPA listed the Site on the National Priorities

List as a result of releases or threatened releases of hazardous

substances at or from the Site.

7. On December 15, 1994, EPA issued 4 Interim Records of Decision

selecting the interim remedial actions to be implemented for the

following activities and/or areas at the Summitville Mine Site: Water

Treatment (WT IROD), Reclamation, the Heap Leach Pad (HLP IROD) and the

Cropsy Waste Pile, Beaver Mud Dump/Summitville Dam Impoundment, and

Mine Pits (CWP IROD).

8. As of September 30, 1995, the United States incurred $77 million

in response costs responding to the release or threatened release of

hazardous substances at or in connection with the Site. The United

States continues to incur response costs in responding to the release

or threat of release of hazardous substances at or in connection with

the Site.

9. EPA alleges that the Respondents are liable for reimbursement of

the United States' response costs pursuant to Section 107 of CERCLA, 42

U.S.C. 9607.

10. Between April 1, 1996 and December 31, 1969, CC, UP and the

W.S. Moore Co. participated in exploration and related activities at

the Site. These activities initially were conducted by only W.S. Moore

and UP. On October 1, 1967, CC acquired a working interest in the

exploration and related activities at the Site pursuant to an Interim

Management Agreement. In August 1, 1968, the Interim Management

Agreement was replaced by the Management Agreement. On December 31,

1969, the three participants ceased these exploration and related

activities by terminating the Management Agreement.

11. The exploration and related activities at the Site referred to

in Paragraph 10 above included: (1) Sinking of one exploratory shaft,

referred to herein as the Missionary Shaft, approximately 400 ft. to

provide access to the Missionary Vein; (2) underground drifting from

the Missionary Shaft to explore the extent of the Missionary Vein; (3)

construction of a dam for the future impoundment of tailings; (4)

partial construction of an ore crusher and mill facility ( the ore

crusher was shipped and uncrated, but never installed or used); (5)

implementation of an exploratory sampling program that included core

and channel sampling; and (6) rehabilitation and renovation of 2200 ft.

of the Reynolds tunnel. CC and UP did not, however, complete or operate

the crusher and mill facility and did not generate or dispose of

tailings at the Site.

12. These activities caused the generation or disposal of

approximately 12,000 cubic yards (yds.3) of waste rock and other

mine waste material. Based on Information currently known to the United

States, EPA and the Respondents agree that not more than 7,500

yds.3 of this material was waste rock containing hazardous

substances. The Parties agree that the remainder of this material was

inert, non-hazardous substance-bearing andesite. EPA alleges that the

waste rock generated during the Respondents' activities at the Site is

a source of hazardous substances that have been released into the

disturbed surface area of the Site and have adversely impacted the

quality of water at or emanating from the Site.

13. The total volume of waste rock, tailings and other mine waste

(including the Heap Leach Pad) requiring remediation at the Site is

approximately 11 million yds.\3\ According to the WT IROD,

approximately 321,000 pounds of copper per year, if left untreated

would contaminate the receiving waters surrounding the Site, including

the Wightman Fork and Alamosa River. EPA has determined parties are

eligible for a de minimis settlement if their contribution of mine

waste and metals loading is equal to or less than 3% of the total

volume of hazardous substances contributed to each of these media. The

Respondents' contributions of hazardous substances to these media are

below the 3% de minimis cut-off established by EPA for the Site.

14. Based on Information currently known to the United States, EPA

calculated the Respondents de minimis eligibility as follows: EPA has

estimated that the amount of hazardous substances allegedly contributed

to the Site by Respondents constitutes .0007% of the total volume of

waste rock, tailings or mine waste requiring remediation at the Site

and .65% of the copper loading to the waters at or emanating from the

Site.

15. The material allegedly generated and disposed of by the

Respondents therefore involves only a minor portion of the total

hazardous substances generated or disposed of at the Site. EPA has also

concluded that the hazardous substances allegedly contributed to the

Site by Respondents are not significantly more toxic or of

significantly greater hazardous effect than other hazardous substances

at the Site.

16. EPA calculated the settlement amount to be paid by the

Respondents based on the volume and toxicity of the Respondents'

contribution of hazardous substances at the Site, the cost to remediate

that contribution, a percentage of sitewide costs and an appropriate

``premium'' payment. EPA believes that the 7,500 yds.\3\ of waste rock

containing hazardous substances generated by the Respondents was

disposed of in the general area between the Beaver Mud Dump and the

Summitville Dam Impoundment. The amount of waste rock, tailings, and

other mine waste being remediated pursuant to the CWP IROD is estimated

to have a volume of 4,500,000 yds.\3\ The Respondents' alleged

contribution of hazardous substances to be remediated pursuant to the

CWP IROD is .16%. The cost to remediate the Respondents' contribution

of mine waste was therefore calculated based on its fair share of the

actual cost of performing the CWP removal action and the estimated

future cost of performing the CWP IROD remedy. The cost to remediate

the Respondents' contribution of copper loading to waters at and

emanating from the Site was calculated based on its fair share of past

[[Page 41159]]

and estimated future costs of performing water treatment.

17. EPA estimates that the total response costs incurred and to be

incurred at or in connection with the Site by the EPA Hazardous

Substance Superfund will be $120 million. The payment required to be

made by the Respondents pursuant to this Order represents only a minor

portion of the response costs to be recovered for the cleanup of the

Site.

V. Determinations

18. Based upon the Statement of Facts set forth above and on the

Information currently known to the United States, EPA has determined

that:

a. The Site is a ``facility'' as that term is defined in Section

101(9) of CERCLA, 42 U.S.C. 9601(9).

b. Each Respondent is a ``person'' as that term is defined in

Section 101(21) of CERCLA, 42 U.S.C. 9601(21).

c. Each Respondent is a ``potentially responsible party'' within

the meaning of Section 122(g)(1) of CERCLA, 42 U.S.C. 9622(g)(1).

d. There has been an actual or threatened ``release'' of a

``hazardous substance'' from the Site as those terms are defined in

Sections 101(22) and (14) of CERCLA, 42 U.S.C. 9601(22) and (14).

e. The amount of hazardous substances contributed to the Site by

each Respondent and the toxic or other hazardous effects of the

hazardous substances contributed to the Site by each Respondent are

minimal in comparison to other hazardous substances at the Site within

the meaning of Section 122(g)(1)(A) of CERCLA, 42 U.S.C. 9622(g)(1)(A).

f. As to each Respondent, this Consent Order involves only a minor

portion of the response costs at the Site within the meaning of Section

122(g)(1) of CERCLA, 42 U.S.C. 9622(g)(1).

g. The terms of this Consent Order are consistent with EPA policy

and guidance for settlements with de minimis waste contributors,

including but not limited to, ``Standardizing the De Minimis Premium,''

(July 7, 1995), ``Streamlined Approach for Settling with De Minimis

Waste Contributors under CERCLA Section 122(g)(1)(A),'' OSWER Directive

No. 9834.7-1D (July 30, 1993), and ``Methodology for Early De Minimis

Waste Contributor Settlements under CERCLA Section 122(g)(1)(A),''

OSWER Directive No. 9834.7-1C (June 2, 1992).

h. Prompt settlement with each Respondent is practicable and in the

public interest within the meaning of Section 122(g)(1) of CERCLA, 42

U.S.C. Sec. 9622(g)(1).

i. The settlement of this case without litigation and without the

admission or adjudication of any issue of fact or law is the most

appropriate means of resolving any liability that the Respondents may

have for response actions and response costs with respect to all

releases or threatened releases at or in connection with the Site.

V. Order

19. Based upon the Information currently known to the United States

and the Statement of Facts and Determinations set forth above, and in

consideration of the promises and covenants set forth herein, the

following is hereby Agreed to and ordered:

VI. Parties Bound

20. This Consent Order shall apply to and be binding upon EPA and

upon Respondents and their successors and assigns. Any change in

ownership or corporate or other legal status of a Respondent including,

but not limited to, any transfer of assets or real or personal

property, shall in no way alter such Respondent's responsibilities

under this Consent Order. Each signatory to this Consent Order

certifies that he or she is authorized to enter into the terms and

conditions of this Consent Order and to execute and bind legally the

party represented by him or her.

VII. Payment

21. Within 10 days of the effective date of this Order, Respondents

shall pay a total of $700,000 to the Hazardous Substance Superfund as

provided below. The obligation to pay the United States this amount is

joint and several among the Respondents.

22. Payment shall be made by cashier's check(s) made payable to

``EPA Hazardous Substance Superfund.'' Each check shall reference the

Site name, the name and address of the Respondent, EPA CERCLA Number

08-Y3 and DOJ Case No. 90-11-1133A and shall be sent to: Mellon Bank,

EPA Region VIII, Attn: Superfund Accounting, P.O. Box 360859M,

Pittsburgh, PA 15251.

23. If the Respondents fail to make full payment within the time

required by Paragraph 21. Respondents shall pay Interest on the unpaid

balance. In addition, if Respondents fail to make full payment as

required by Paragraph 21, the United States may, in addition to any

other available remedies or sanctions, bring an action against the

Respondents seeking injunctive relief to compel payment and/or seeking

civil penalties under Section 122(l) of CERCLA, 42 U.S.C. 9622(l), for

failure to make timely payment.

24. The Respondents' payment includes an amount representing the

Respondents' fair share of: (a) past response costs incurred at or in

connection with the Site; (b) projected future response costs to be

incurred at or in connection with the Site; and (c) a premium to cover

the risks associated with this settlement, including but not limited

to, the risk that total response costs incurred or to be incurred at or

in connection with the Site by the EPA Hazardous Substance Superfund,

or by any private party, will exceed the estimated total response costs

upon which Respondents' payment is based.

25. Payments made under this Section shall be placed in a site-

specific ``special'' or ``reimbursable'' account by EPA. This site-

specific reimbursable account within the EPA Hazardous Substance

Superfund shall be known as the Summitville Mine Superfund Site Special

Account and shall be retained and used by EPA to conduct or finance the

response actions at or in connection with the Site. Upon completion of

the final remedial action for the Site, any balance remaining in the

Summitville Mine Superfund Site Special Account shall be transferred by

EPA to the general EPA Hazardous Substance Superfund.

VIII. Certification of Respondents

26. By signing this Consent Order, each Respondent certifies,

individually, that, to the best of its knowledge and belief, it has:

a. conducted a thorough, comprehensive, good faith search for

documents, and has fully and accurately disclosed to EPA, all non-

privileged documents currently in its possession, or in the possession

of its officers, directors, employees, contractors or agents, which

relates in any way to its liability under CERCLA and RCRA for

ownership, operation, exploration activities or control of the Site;

b. not altered, mutilated, discarded, destroyed or otherwise

disposed of any records, documents, or other information relating to

its potential CERCLA and RCRA liability regarding the Site after

notification of such potential liability; and

c. fully complied to EPA's satisfaction with any and all EPA

requests for information pursuant to Sections 104(e) and 122(e) of

CERCLA, 42 U.S.C. 9604(e) and 9622(e).

IX. Covenants Not Yo Sue

27. a. Except as provided in Section XI (Reservation of Rights) of

this Order, the United States covenants not to sue or take any other

civil or administrative action against each Respondent for

[[Page 41160]]

reimbursement of response costs or for injunctive relief pursuant to

Section 106 or 107(a) of CERCLA, 42 U.S.C. 9606 or 9607(a) or Section

7003 of the Resource Conservation and Recovery Act, as amended, 42

U.S.C. 6973, relating to the Site. With respect to present and future

liability, this covenant not to sue shall take effect upon full payment

of the amount specified in Section VII (Payment) of this Order.

b. The United States' covenant not to sue extends to Respondents,

and to their predecessors-it-interest, affiliates, successors and

assigns only to the extent that the liability of such predecessors-in-

interest, affiliates, successors and assigns is derivative of

Respondents' liability for those acts set forth in Paragraph 11,

Section IV of this Order. The United States' covenant not to sue does

not extend to any other person.

X. Reservation of Rights

28. The covenants not to sue by the United States set forth in

Paragraph 27 of this Order do not pertain to any matters other than

those expressly specified in Paragraph 27. The United States reserves,

and this Order is without prejudice to, all rights against any

Respondent with respect to all other matters, including but not limited

to the following:

(a) Claims based on a failure to make the payments required by

Section VII (Payment) of this Order;

(b) Criminal liability;

(c) Any liability against a Respondent that results from its future

disposal activities at the Site; or

(d) Liability for damages for injury to, destruction of, or loss of

natural resources, including any cost of assessing the injury to,

destruction of, or loss of such natural resources.

29. a. Notwithstanding any other provision in this Consent Order,

the United States reserves, and this Consent Order is without prejudice

to, the right to institute judicial or administrative proceedings

against any Respondent seeking to compel that Respondent to perform

response actions at the Site and/or to reimburse the United States for

additional costs of response if New Information is discovered that such

Respondent contributed: (a) hazardous substances in an amount greater

than 1% of the total volume of waste rock, tailings or mine waste

containing hazardous substances requiring remediation at the Site; or

(b) hazardous substances in an amount greater than 1.3% of the total

copper loading to the waters at or emanating from the Site; or (c)

hazardous substances at the Site which are significantly more toxic or

are of significantly greater hazardous effect than other hazardous

substances at the Site.

b. For purposes of Paragraph 29.a., ``New Information'' shall not

include: (1) Any recalculation of the total volume of waste rock,

tailings or mine waste containing hazardous substances requiring

remediation at the Site based solely on Information currently known to

the United States; (2) any recalculation of the Respondent's

contribution of copper loading to the waters at or emanating from the

Site based solely on Information currently known to the United States;

or (3) any recalculation of the Respondent's contribution to copper

loading to the waters at or emanating from the Site that relies upon

the reduction, elimination or remediation of sources of copper loading

other than the Missionary Vein.

c. In the event the United States institutes judicial or

administrative proceedings against any Respondent pursuant to Paragraph

29.a. above, CC an UP shall each:

(i) be credited, in any subsequent settlement or administrative or

judicial proceeding relating to the Site, $350,000 of the $700,000

payment made pursuant to Paragraph 21 of this Order;

(ii) retain any defense it may have to liability and any claim it

may have under any applicable statute or the common law with regard to

any additional amount demanded by the United States in any subsequent

administrative or judicial proceeding relating to the Site; and

(iii) continue to grant any waiver or covenant previously granted

to the United States under Section XI of this Order for the amount

credited to each Respondent, but such waiver or covenant shall be null

and void as to any additional amount demanded by the United States in

any subsequent administrative or judicial proceeding relating to the

Site.

XI. Covenant Not To Sue by Respondents

30. Each Respondent covenants not to sue and agrees not to assert

any claims or causes of action against the United States, or its

contractors or employees with respect to the Site or this Order,

including, but not limited to:

a. any direct or indirect claim for reimbursement from the

Hazardous Substance Superfund (established pursuant to the Internal

Revenue Code, 26 U.S.C. 9507) through Sections 106(b)(2), 111, 112 or

113 of CERCLA, 42 U.S.C. 9606(b)(2), 9611, 9612 or 9613;

b. any claim arising out of response activities at the Site; and

c. any claim against the United States pursuant to Sections 107 or

113 of CERCLA, 42 U.S.C. 9607 or 9613, relating to the Site.

31. Nothing in this Order shall be deemed to constitute

preauthorization of a claim within the meaning of Section 111 of

CERCLA, 42 U.S.C. 9611, or 40 CFR Sec. 300.700(d).

32. The Respondents also waive any challenge they may have to any

response action selected in any Action Memorandum, Interim Record of

Decision or final Record of Decision for the Site.

XII. Effect of Settlement; Contribution Protection

33. Nothing in this Order shall be construed to create any rights

in, or grant any cause of action to, any person not a party to this

Order. The preceding sentence shall not be construed to waive or

nullify any rights that any person not a signatory to this Order may

have under applicable law. The United States and the Respondents each

reserve any and all rights (including, but not limited to, any right to

contribution), defenses, claims, demands and causes of action which

each party may have with respect to any matter, transaction, or

occurrence relating in any way to the Site against any person not a

party hereto.

34. Respondents consent and agree to comply with and be bound by

the terms of this Order, the United States and the Respondents agree

that this Order, Respondents' consent to this Order and actions in

accordance with this Order shall not in any way constitute or be

construed as an admission of any liability by Respondents or of any

legal or factual matters set forth in this Order. Further, neither this

Order, Respondents' consent to this Order, nor Respondents' actions in

accordance with this Order shall be admissible in evidence against

Respondents without their consent, except in a proceeding to enforce

this Order. Respondents do not admit, and retain the right to

controvert in any subsequent proceedings other than proceedings to

implement or enforce this Consent Order, the validity of the Statement

of Facts and Determinations contained in this Consent Order.

35. With regard to claims for contribution against each Respondent

and their predecessors-in-interest, affiliates, successors and assigns

for matters addressed by this Order, the Parties hereto agree that each

Respondent and their predecessors-in-interest, affiliates, successors

and assigns is entitled, as of the effective date this Order, to such

protection from contribution actions or claims as is

[[Page 41161]]

provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C.

9613(f)(2) and 9622(g)(5) for ``matters addressed'' in this Consent

Order. ``Matters addressed'' by this Order shall include all claims the

United States could bring or any other civil or administrative action

the United States could take against each Respondent, or their

predecessors-in-interest, affiliates, successors and assigns only to

the extent that their liability is derivative of Respondents' liability

for those acts set forth in Paragraphs 11, Section IV of this Order,

for injunctive relief or for reimbursement of response costs pursuant

to Section 106 or 107(a) of CERCLA, 42 U.S.C. 9606 or 9607(a) or

Section 7003 of the Resource Conservation and Recovery Act, as amended,

42 U.S.C. 6973, related to the Site.

XIII. Public Comment

36. This Order shall be subject to a thirty-day public comment

period in accordance with Section 122(i) of CERCLA, 42 U.S.C. 9622(i).

In accordance with Section 122(i)(3), 42 U.S.C. 9622(i)(3), EPA may

withdraw or modify its consent to this Order if comments received

disclose any facts or considerations which indicate that this Order is

inappropriate, improper, or inadequate.

XIV. Attorney General Approval

37. The Attorney General or her designee has approved the

settlement embodied in this Order in accordance with Section 112(g)(4)

of CERCLA, 42 U.S.C. 9622(g)(4).

XV. Effective Date

38. The effective date of this Order shall be the date upon which

the Assistant Regional Administrator, EPA Region VIII notifies the

Respondents that the public comment period undertaken pursuant to

Paragraph 36 of this Order has closed and that comments received, if

any, do not require EPA's withdrawal from or the modification of any

terms of this Order.

It is so Agreed

The Cleveland-Cliffs Iron Company

By:--------------------------------------------------------------------

Thomas J. O'Neil, President.

Date:------------------------------------------------------------------

Union Pacific Resources Company

By:--------------------------------------------------------------------

V. Richard Eales, Executive Vice President and Chief Financial

Officer.

Date:------------------------------------------------------------------

Union Pacific Resources Group, Inc.

By:--------------------------------------------------------------------

V. Richard Eales, Executive Vice President and Chief Financial

Officer.

Date:------------------------------------------------------------------

It is so Ordered and Agreed

Environmental Protection Agency, Region VIII

By:--------------------------------------------------------------------

Max H. Dodson, Assistant Regional Administrator, Officer of

Ecosystems Protection and Remediation.

Date:------------------------------------------------------------------

[FR Doc. 96-20112 Filed 8-6-96; 8:45 am]

BILLING CODE 6560-50-M