[Federal Register Volume 69, Number 222 (Thursday, November 18, 2004)]
[Notices]
[Page 67607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25535]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA'')
Under the policy set out at 28 CFR 50.7, notice is hereby given
that on November 4, 2004, the United States lodged with the United
States District Court for the District of Montana a proposed consent
decree (``Consent Decree'') in the case of United States v. Atlantic
Richfield Company, et al., Civil Action No. CV-89-39-SEH. The Consent
Decree pertains to certain Superfund sites within the Clark Fork River
Basin in southwestern Montana that have not been the subject of prior
settlements with the United States--the Anaconda Smelter Superfund
Site, the Clark Fork River Superfund Site, the Warm Springs Ponds
Superfund Site, and the Butte Superfund Site, (collectively, the
``Remaining Clark Fork Site'' ).
The proposed settlement would resolve the claims brought by the
United States against ARCO under section 107 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as
amended (``CERCLA''), 42 U.S.C. 9607, for the recovery of response
costs previously paid by EPA, through July 31, 2002, with accrued
interest, in responding to releases and threatened releases of
hazardous substances at the Remaining Clark Fork Sites. The Consent
Decree would simultaneously resolve, subject to certain reservations,
most of the defenses and all of the counterclaims asserted by ARCO
against the United States for the past cost claims at the Remaining
Clark Fork Sites, as well as the future response costs and future
response actions at these sites.
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,
Environment and Natural Resources Division, P.O. Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States v. ARCO, DOJ Case Number 90-11-2-430.
The proposed Consent Decree may be examined at the office of the
United States Attorney for the District of Montana, 2929 Third Avenue
North, Suite 400, Billings, Montana 59101, and at U.S. EPA Region VIII
Montana Office, Federal Building, 10 West 15th Street, Suite 3200,
Helena, Montana 59624. During the public comment period, the Consent
Decree, may also be examined on the following Department of Justice Web
site, http://www.usdoj.gov/enrd/open.html. A copy of the Consent Decree
may also be obtained by mail from the Consent Decree Library, P.O. Box
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by
faxing or e-mailing a request to Tonia Fleetwood
([email protected]), fax no. (202) 514-0097, phone confirmation
number (202) 514-1547. In requesting a copy of the Consent Decree,
please reference United States v. ARCO, DOJ Case Number 90-11-2-430,
and enclose a check in the amount of $10.00 (25 cents per page
reproduction costs) payable to the U.S. Treasury.
Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 04-25535 Filed 11-17-04; 8:45 am]
BILLING CODE 4410-15-M