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 v. Atlantic Richfield Company, et al., Civil Action No.

CV-89-039-BU-PGH, was lodged on July 22, 1996, with the United States

District Court for the District of Montana.

The complaint filed by the United States in 1989 seeks to recover

past, unreimbursed costs under Section 107 of the Comprehensive

Environmental Response, Compensation and Liability Act (``CERCLA''), 42

U.S.C. 9607, incurred by the United States in connection with response

actions taken at the Clark Fork Sites located in southwestern Montana.

As part of its complaint, the United States sought recovery of costs

from, inter alia, Cleveland Wrecking Company for costs incurred and to

be incurred at the Anaconda Smelter Site.

The consent decree, which is between the United States and

Cleveland Wrecking Company, requires Cleveland Wrecking to pay to the

United States $150,000 in reimbursement of past response costs

associated with the Anaconda Smelter Site. The settlement is based on a

demonstration by Cleveland Wrecking Company of its inability to

reimburse the United States for any additional response costs. The

consent decree includes a covenant not to sue by the United States

under Sections 106 and 107 of CERCLA 42 U.S.C. 9606 and 9607. Under the

terms of the decree, the United States has specifically reserved its

right to seek relief from Cleveland Wrecking Company for any claims not

specifically addressed in the decree.

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 for 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. Atlantic Richfield

Company, et al., DOJ Ref. # 90-11-2-430.

The proposed consent decrees may be examined at the Office of the

United States Attorney, District of Montana, First Floor, 100 North

Park Avenue, Helena, Montana 59601; Region VIII Office of the

Environmental Protection Agency, 999 18th Street, Suite 500, Denver,

Colorado 80202-2466; 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 decrees may be obtained in person or by mail from the

Consent Decree Library at the address listed above. In requesting a

copy, please refer to the referenced case and number, and enclose a

check in the amount of $196.75 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-20538 Filed 8-12-96; 8:45 am]

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