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 consent decree in United

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

Montana), was lodged on May 29, 1997 with the United States District

Court for the District of Montana, Butte Division. The proposed consent

decree resolves the United States's 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. sections

9607 and 9613(g). Under the terms of this settlement, the Settling

Defendants, Torger L. Oaas, Martha Oaas, and the Montana Pole and

Treating Plant (``MPTP'') will play the

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United States the sum of $10,000 in settlement of the United States'

past response cost claims for cleanup of contaminated soils and

groundwater at the Montana Pole and Treating Plant Superfund Site

located in Silver Bow County near Butte, Montana. In addition, Settling

Defendants will deed over, to a custodian to be identified by EPA, the

Oaas's residence and MPTP's on-site property, for long term operation

and maintenance of the remedy. In return, the United States will pay

$110,000 for the Oaas's residence and provide a covenant not to sue to

the Settling Defendants limited to past response costs. This proposed

Consent Decree also settles potential counter-claims against the United

States, the State of Montana and 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 the 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.

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 $11.50 (25 cents per page

reproduction costs), payable to the Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section.

[FR Doc. 97-16432 Filed 6-23-97; 8:45 am]

BILLING CODE 4410-15-M