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. ARCO, Civil Action No. 89-039-BU-PGH (D. Mont.) and Montana

v. ARCO, Civil Action No. 83-317-HLN-PGH (D. Mont.), was lodged on

November 16, 1998 with the United States District Court for the

District of Montana. The United States filed its action pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

to recover costs incurred and to be incurred in cleaning up three

Superfund Sites in southwestern Montana. The State of Montana filed its

action pursuant to CERCLA and State law to recover natural resource

damages arising from the injury or destruction of natural resources

within the same area. The Confederated Salish and Kootenai Tribes of

the Flathead Reservation intervened in Montana v. ARCO, asserting

claims for the recovery of natural resource damages as well.

The Consent Decree provides for the following: (1) ARCO's payment

of $80 million toward the ongoing remediation of one operable unit

(``the SST OU''), which represents 100% of the total projected costs of

that work, with provisions for the payment of cost overruns by ARCO,

the State of Montana, and EPA; (2) ARCO's payment of $3.9 million

towards the United States' $14.7 million in past costs related to the

SST OU; (3) ARCO's payment of $1.8 million civil penalty for its

failure or refusal to comply with the Administrative Order requiring it

to perform the remedy at the SST OU; (4) payment of $2 million to the

Superfund to settle ARCO's counterclaims against the United States

related to the SST OU; (5) ARCO's commitment to a schedule to settle

the rest of the United States' cost recovery claims for the three

Sites, together with an ``earnest money'' deposit of $15 million

towards past cost if settlement is not reached on the remainder of the

case; (6) ARCO's payment of $1.7 million in cash and ARCO's creation of

400 acres of replacement wetlands in settlement of the U.S. Fish and

Wildlife Service's claims for natural resource damages (work valued at

approximately $3.2 million); (7) the creation of an additional 1,200

acres of wetlands by the State of Montana and the Confederated Salish

and Kootenai Tribes of the Flathead Reservation to further compensate

the U.S. Fish and Wildlife Service; (8) commitments by the State and

the Tribes to perform restoration work related to the creation of bull

trout habitat within the Clark Fork River Basin; and (9) ARCO's payment

of $18.3 million to the Tribes in compensation for their natural

resource damages claims. This settlement is contingent upon entry of a

State Consent Decree that was lodged on June 19, 1998 and settles the

claims of the State of Montana for natural resource damages at certain

locations within the Basin. The State Consent Decree provides for the

recovery of $118 million in cash and $2 million in land. Together,

therefore, the two settlements result in recovery of at least $100.9

million in response costs and $143.2 million in natural resource

damages.

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, Washington, DC 20530, and should refer to United

States v. ARCO, DOJ Ref. #90-11-2-430.

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

United States Attorney, Western Federal Savings and Loan Building, 2929

3rd Avenue, North, Suite 400, Billings, Montana 59101, the Montana

Field Office, Environmental Protection Agency, Federal Building, 301

South Park, Drawer 10096, Helena, MT 59626-0096, and at the Consent

Decree Library, 1120 G Street, NW., 3rd Floor, Washington, DC 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,

NW., 3rd Floor, Washington, DC 20005. In requesting a copy please refer

to the referenced case and enclose a check in the amount of $31.00 for

the consent decree and $47.50 for the attachments (25 cents per page

reproduction costs) for each decree, payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 98-32149 Filed 12-2-98; 8:45 am]

BILLING CODE 4410-15-M