[Federal Register: November 19, 2003 (Volume 68, Number 223)]
[Notices]
[Page 65319]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no03-124]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree in Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Under 28 CFR 50.7, notice is hereby given that on October 30, 2003,
a proposed Consent Decree in United States and Idaho v. Estate of J.J.
Oberbillig, Civil Action No. CV02-451-S-LMB was lodged with the United
States District Court for the District of Idaho.
The United States and Idaho filed a civil action for injunctive
relief and recovery of response costs for cleaning up the Stibnite Mine
Site and Cinnabar Mine Site in Valley County, Idaho (the ``Sites'')
against the Estate of J.J. Oberbillig (``Defendant'') in the District
of Idaho on September 26, 2002. In this action, the United States
asserted claims under Sections 106(a) and 107 of the Comprehensive
Environmental Response, Compensation and Liability Act, (``CERCLA''),
42 U.S.C. 9606(a) and 9607, and Idaho asserted claims under Section
107(a) of CERCLA and Idaho Code Sections 39-108, 39-4414.
Under the terms of the proposed Consent Decree settling the claims
asserted in the Complaint, Defendant agrees to pay $152,206.00 of the
United States' past response costs and $50,703.00 of Idaho's past
response costs. The remaining monies in the Estate, $25,323.00, will be
retained by Defendant for probate and estate administration expenses.
Defendant also agrees to access by the United States and Idaho to the
Sites, and to adjacent property, and to construction of a repository on
Defendant's property at the Stibnite Site where wastes from the
response actions will be deposited. In return for the commitments by
Defendant, the United States grants Defendant a covenant not to sue
under CERCLA Sections 106 and 107(a), 42 U.S.C. 9606 and 9607(a),
relating to the Sites, and Idaho grants Defendant a covenant not to sue
under CERCLA Section 107(a) of 42 U.S.C. 9607(a), and Idaho
Environmental Protection and Health Act, Idaho Code Section 39-101, et
seq., relating to the 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, D.C. 20044-7611, and should
refer to United States and Idaho v. Estate of J.J. Oberbillig, D.J.
Ref. No. 90-11-3-06069/3.
The Consent Decree may be examined at the Office of the United
States Attorney, 877 West Main Street, Suite 201, Boise, ID 83702 and
at U.S. EPA Region X, 1200 Sixth Avenue, Seattle, WA 98101. 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 (tonia.fleetwood@usdoj.gov), fax no. (202) 514-0097, phone
confirmation number (202) 514-1547. In requesting a copy from the
Consent Decree Library, please enclose a check in the amount of $10.25
(25 cents per page reproduction cost) payable to the U.S. Treasury. If
requesting a copy of the Consent Decree exclusive of Appendices, please
enclose a check in the amount of $7.75 (25 cents per page reproduction
cost) payable to the U.S. Treasury.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 03-28931 Filed 11-18-03; 8:45 am]
BILLING CODE 4410-15-M