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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Under the Comprehensive

Environmental Response, Compensation, and Liability Act and the

Resource Conservation and Recovery Act

Under 28 CFR 50.7 and 42 U.S.C. 9622(i), notice is hereby given

that on October 5, 1999, a proposed Consent Decree in United States v.

ASARCO, Inc., et al., Civil Action No. 99-1399, was lodged with the

United States District Court for the District of Kansas.

This Consent Decree settles claims against ASARCO, Incorporated,

Cyprus Amax Minerals Company, Gold Fields Mining Corporation, Blue Tee

Corp., NL Industries, Inc., The Doe Run Resources Corporation and Sun

Company, Inc. In this action, brought pursuant to sections 106 and 107

of Comprehensive Environmental Response, Compensation and Liability Act

(CERCLA), 42 U.S.C. 9696 and 9607 and section 7003 of the Resource

Conservation and Recovery Act (RCRA), 42 U.S.C. 6973, on behalf of the

United States Environmental Protection Agency (``EPA''), the United

States sought the performance of response work by the defendants at the

Baxter Springs and Treece Subsites (``the Subsites'') of the Cherokee

County Superfund Site in Cherokee County, Kansas pursuant to the Record

of Decision, dated August 20, 1997 (``ROD''). Additionally, the United

States sought reimbursement of past response costs as well as future

oversight costs. Under the Consent Decree, defendants will perform

response work in accordance with the ROD, will provide a cash payment

for

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EPA to perform institutional controls, and will reimburse the United

States for one half of future EPA oversight costs. In exchange,

defendants will receive a covenant not to sue pursuant to sections 106

and 107(a) of CERCLA, and section 7003 of RCRA relating to the

Subsites, subject to all standard reservations and reopeners. In

addition, defendants will receive contribution protection under Section

113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2), and will receive forgiveness

of EPA's past costs at the Subsites.

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.

ASARCO, Inc. et al., D.J. ref. 90-11-2-06017.

The Consent Decree may be examined at U.S. EPA--Region VII 901 N.

5th Street, Kansas City, Kansas 66101. A copy of the Consent Decree may

be obtained by mail from the Consent Decree Library, Department of

Justice, P.O. Box 7611, Washington, DC 20044. In requesting a complete

copy with all Attachments, please enclose a check in the amount of

$87.00 (25 cents per page reproduction cost) payable to the Consent

Decree Library. In requesting a copy of the Consent Decree without

Attachments, please enclose a check in the amount of $24.75 (25 cents

per page reproduction cost) payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-27900 Filed 10-25-99; 8:45 am]

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