Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive

Environmental Response, Compensation, and Liability Act

Notice is hereby given that on April 21, 1999 a proposed Consent

Decree (The ``decree'') in United States v. Montana Power Company,

Civil Action No. CV 99-28-BUDWM, was lodged with the United States

District Court for the District of Montana.

In this action the United States sought to recover EPA's past costs

incurred in connection with a removal action in the Butte Priority

Soils Operable Unit (``BPSOU'') which is part of the larger Silver Bow

Creek/Butte Area NPL Site in Montana. Montana Power Company

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(MPC) owns 30 acres of land which are located in the BPSOU. The

proposed decree is a cash-out of MPC's liability under Section 107(a)

of CERCLA, 42 U.S.C. 9607(a), and settles potential claims under CERCLA

Sec. 106, 42 U.S.C. 9606 and Section 7003 of RCRA, 42 U.S.C. 6973.

Under the terms of the proposed decree, MPC will pay the sum of

$100,000 to the EPA Hazardous Substances Superfund.

The Department of Justice will receive for a period of thirty (30)

days from the date of this publication comments relating to the consent

decree. 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.

Montana Power Company, D.J. Ref. 90-11-3-1734. Commuters may request an

opportunity for a public meeting in the affected area, in accordance

with Section 7003 of RCRA, 42 U.S.C. 6973(d).

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

States Attorney, District of Montana, 2929 Third Avenue North, #400,

Billings, MT 59103, at U.S. EPA Region VIII, 999 18th Street, Suite

700, Denver, CO 80202, and at the Consent Decree Library, 1120 G

Street, NW, 3rd Floor, Washington, DC 20005, (202) 624-0892. A copy of

the 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 enclose a check in the amount of

$26.75 payable to the Consent Decree Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 99-11264 Filed 5-4-99; 8:45 am]

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