[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Notices]
[Pages 51482-51483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20656]


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DEPARTMENT OF JUSTICE


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

    Notice is hereby given that on August 11, 2010, a proposed Consent 
Decree (``Decree'') in United States and the State of South Dakota v. 
Jeraldine Borsch Fahrni, the Chester A. Borsch, Jr. Trust, and Chester 
A. Borsch, Jr. as Trustee of the Chester A. Borsch, Jr. Trust, Case No. 
5:10-CV-05068-JLV, was lodged with the United States District Court for 
the District of South Dakota, Western Division. The case was brought 
under Sections 107(a) and 113(g)(2) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 
Sec. Sec.  9607(a) and 9613(g)(2), for the recovery of response costs 
related to the cleanup at the Gilt Edge Mine Superfund Site (``Site'') 
in Lawrence County, South Dakota.
    The Consent Decree requires the Defendants to confess to (1) entry 
of judgment in the amount of $890,000; (2) agree to transfer the Site 
properties they own to the State of South Dakota; and (3) assign any 
insurance coverage related to the Site to the United States.
    The United States and the State of South Dakota filed a Complaint 
simultaneous with the Consent Decree alleging that the Defendants are 
jointly and severally liable for response costs related to the cleanup 
at the Gilt Edge Mine Superfund Site in Lawrence County, South Dakota. 
42 U.S.C. 9607(a), 9613(g)(2). The Consent Decree would resolve the 
claims against the Defendants as described in the Complaint.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either e-mailed to the 
[email protected] or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United

[[Page 51483]]

States and the State of South Dakota v. Jeraldine Borsch Fahrni, the 
Chester A. Borsch, Jr. Trust, and Chester A. Borsch, Jr. as Trustee of 
the Chester A. Borsch, Jr. Trust, Case No. 5:10-CV-05068-JLV, D.J. Ref. 
No. 90-11-3-08278/2.
    The Decree may be examined at the Office of the United States 
Attorney, District of South Dakota, 515 Ninth Street, Suite 201, Rapid 
City, South Dakota 57701. It also may be examined at the offices of 
U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202. During 
the public comment period, the Decree may be examined on the following 
Department of Justice Web site, http://www.usdoj.gov/enrd/Consent_Decrees.html.
    A copy of the Decree may 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 copies from the Consent Decree 
Library, please enclose a check in the amount of $8.25 (25 cents per 
page reproduction cost) payable to the U.S. Treasury or, if by e-mail 
or fax, forward a check in that amount to the Consent Decree Library at 
the stated address.

Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2010-20656 Filed 8-19-10; 8:45 am]
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