Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

Notice is hereby given that on January 15, 1997, a proposed Consent

Decree in United States v. Connor Investment Co., Civil Action No. 97-

5006-CV-SW-3 (W.D. Mo.) was lodged with the United States District

Court for the Western District of Washington. This Consent Decree

resolves the United States' claims in this action against Connor

Investment Company (``Connor'') and Lima Hill Mining Company (``Lima'')

(collectively ``Settling Defendants'') regarding their liability under

Section 107(a) of CERCLA, 42 U.S.C. 9607(a), for response costs

incurred or to be incurred by the United States in connection with the

Oronogo/Duenweg Mining Belt Superfund Site in Jasper County, Missouri

(``Site'').

The Consent Decree requires, inter alia, that the Settling

Defendants shall provide the United States Environmental Protection

Agency (``EPA'') and the State of Missouri with broad access rights to

their property at the Site for the creation, operation, and maintenance

of a hazardous waste repository. In addition, the Consent Decree

requires that the Settling Defendants place restrictive covenants on

the property in conformance with future use of the repository and

reflecting any institutional controls established through the remedial

action. The Consent Decree grants to the Settling Defendants a covenant

not to sue and the contribution protection afforded by Section

1133(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2). The Consent Decree also

contains a reopener that permits the United States, in certain

situations, to institute additional proceedings to require the Settling

Defendants perform further response actions or reimburse the United

States for additional costs of response.

The Department of Justice will receive comments relating to the

proposed Consent Decree for a period of thirty (30) days from the date

of this publication. Comments should be addressed to the Assistant

Attorney General of the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. Connor Investment Co., D.O.J. No. 90-11-3-1001C.

The proposed Consent Decree may be examined at the Office of the

United States Attorney for the Western District of Missouri, 1201

Walnut Street, Kansas City, MO 64106; the Region VII Office of the U.S.

Environmental Protection Agency, 726 Minnesota Ave., Kansas City, KS

66101; and at the Consent Decree Library, 1120 G Street, NW., 4th

Floor, Washington, DC 20005 (Tel: (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, NW, 4th Floor, Washington, DC

20005. When requesting a copy, please enclose a check in the amount of

$13.50 (25 cents per page reproduction cost) payable to the Consent

Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-2769 Filed 2-4-97; 8:45 am]

BILLING CODE 4410-15-M