[Federal Register Volume 69, Number 184 (Thursday, September 23, 2004)]
[Notices]
[Page 57084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21310]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on September 10, 2004, a proposed 
Consent Decree in United States v. Littleson, Inc., Midvale City, Utah, 
and the Union Pacific Railroad Company, an action for injunctive relief 
and the reimbursement of response costs pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act, (``CERCLA''), 
42 U.S.C. 9601 et seq., was lodged with the United States District 
Court for the District of Utah, Case No. 2:04CV00843.
    In this action, the United States sought injunctive relief to 
require defendants to perform certain remedial actions at the Midvale 
Slag Superfund Site, located in Midvale, Utah, and to reimburse the 
United States for response costs incurred at the Site. Pursuant to the 
proposed Consent Decree, Littleson agrees to perform the remedial 
action at the Site using approximately $16 million in funds from the 
Midvale Slag Special Account, plus its own monies. The $16 million was 
collected from other responsible parties in a prior settlement. 
Littleson also agrees to pay EPA 20% if uts ``Net Development Cash 
Flows'' from land sale activities, up to a maximum amount of $2.2 
million. In addition, Midvale City and the Union Pacific Railroad 
Company agree to implement and apply certain institutional controls to 
ensure the long-term effectiveness of the remedial action.
    The proposed Consent Decree also resolves a pending action that 
Littleson filed against the United States seeking contribution for the 
costs of cleaning up Site contamination allegedly attributable to the 
actions of the Metals Reserve Company during World War II. Pursuant to 
the proposed Consent Decree, the United States will pay $2.2 million to 
the Midvale Slag Special Account to resolve this contribution action. 
The monies contributed by the United States will be used to perform 
additional remedial activities at the Site.
    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. Littleson, Inc. et al., D.J. Ref. DJ 90-11-3-
1194/1.
    The Consent Decree may be examined at U.S. EPA Region 8, 999 18th 
Street, Suite 500, Denver, Colorado, 80202. 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, PO 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 from the 
Consent Decree Library, please enclose a check made payable to the 
United States Treasury in the amount of $14.75 for the Consent Decree 
only and $145.00 for the Consent Decree plus Appendices ($.25 per 
page).

Robert Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 04-21310 Filed 9-22-04; 8:45 am]
BILLING CODE 4410-15-M