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 Sec. 50.7 and 42

U.S.C. Sec. 9622(d)(2), notice is hereby given that a proposed consent

decree in United States v. Shiny Rock Mining Corporation, Civil Action

No. 97-764-JO, was lodged on May 20, 1997 with the United States

District Court for the District of Oregon. The proposed consent decree

resolves claims against Shiny Rock Mining Corporation (Shiny Rock) and

Persis Corporation (Persis) under Sections 107 and 113 of the

Comprehensive Environmental Response, Compensation, and Liability Act,

as amended, 42 U.S.C. Secs. 9607 and 9613 (CERCLA), for response costs

incurred and to be incurred by the United States Department of

Agriculture, Forest Service (Forest Service) to address releases and

threatened releases of hazardous substances at or from the Shiny Rock

Amalgamated Mill Site, Marion County, Oregon (Site). In a complaint

filed contemporaneously with the lodging of the proposed consent

decree, the United States alleged that defendants Shiny Rock and Persis

are liable under CERCLA as owners or operators of the Site at the time

hazardous substances were disposed of at the Site.

The proposed consent decree provides that defendants will pay

$112,500 to the United States for the past and future response costs

incurred and to be incurred by the Forest Service and will perform the

Remedial Action as set forth in the March 19, 1997 Record of Decision

(ROD) issued by the Forest Service. The proposed consent decree also

provides that the Forest Service will contribute up to $750,000 in

federal funding towards the costs associated with the implementation of

the Remedial Action. In addition, the proposed consent decree provides

that the United States covenants not to sue defendants under Sections

106, 107, and 113 of CERCLA, 42 U.S.C. Secs. 9606, 9607, and 9613, and

that defendants will receive contribution protection under Section 113

of CERCLA, 42 U.S.C. Sec. 9613.

DOJ 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,

Washington, D.C. 20530, and should refer to United States v. Shiny Rock

Mining Corporation, DPK Ref/ #90-11-2-1047.

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

United States Attorney, 888 Southwest 5th Avenue, Suite 1000, Portland,

Oregon; Willamette National Forest, 211 E. 7th Ave., Eugene, Oregon;

Detroit Ranger Station, Highway 22, Mill City, Oregon; 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 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 $26.75 (25 cents per page reproduction costs), for a copy of the

proposed consent decree only or $51.75, for a copy of the proposed

consent decree with appendices, payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section.

[FR Doc. 97-13859 Filed 5-27-97; 8:45 am]

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