[Federal Register: June 12, 2003 (Volume 68, Number 113)]
[Notices]
[Page 35238]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn03-65]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decrees Under the Clean Water Act
and Under the Comprehensive Environmental Response, Compensation, and
Liability Act
Notice is hereby given that on June 2, 2003, two (2) proposed
Consent Decrees in United States and State of Colorado v. Rico
Development Corporation, Janice Graham, Independent Executor of the
Estate of Wayne Webster, and Gary M. Sell, Personal Representative of
the Estate of Virginia Sell, Civil Action No. 99-MK-1386, were lodged
with the United States District Court for the District of Colorado.
In this action, Plaintiffs United States and the State of Colorado
sought injunctive relief pursuant to the Clean Water Act, 33 U.S.C.
1251 et seq., and pursuant to the Colorado Water Quality Control Act,
Section 25-8-101 et seq., Colorado Revised Statutes, for alleged
violations of Rico Development Corporation's (``RDC'') Colorado
Discharge Permit System permit (``Permit''). Plaintiffs also sought,
pursuant to Section 7-114-108, C.R.S., recovery of assets distributed
by RDC to its shareholders, Wayne Webster and Virginia Sell.
Additionally, the United States sought to recover costs incurred by it
for response action performed under the Comprehensive Environmental
Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9601
et seq., at RDC's mine wastewater treatment facility located at the
Rico Argentine mine site near Rico, Colorado (the ``Site'').
The alleged Clean Water Act violations occurred over the course of
several years during which RDC exceeded its Permit limits on numerous
occasions and discharged at another location without authorization. The
United States also sought compensation for response costs incurred by
it in connection with a cleanup of hazardous substances performed at
the Site. Under Section 107(a)(1) of CERCLA, 42 U.S.C. 9607(a)(1), the
United States alleged that the defendants, as current owners, or as
past owners and operators at the time of disposal, are liable for those
response costs incurred by the United States not inconsistent with the
national contingency plan. In the proposed Consent Decrees, Defendant
Janice Graham, Independent Executor of the Estate of Wayne Webster, and
Gary M. Sell, Personal Representative of the Estate of Virginia Sell,
agree, respectively, to pay the United States $180,000 and $110,000,
which sums will be deposited by the United States Environmental
Protection Agency (``EPA'') in the Rico-Argentine Special Account
within the EPA Hazardous Substance Superfund to be retained and used to
conduct or finance response actions at or in connection with the Site,
or to be transferred by EPA to the EPA Hazardous Substance Superfund.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the Consent
Decrees. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, PO Box 7611, U.S.
Department of Justice, Washington, DC 20044-7611, and should refer to
United States and State of Colorado v. Rico Development Corporation,
Janice Graham, Independent Executor of the Estate of Wayne Webster, and
Gary M. Sell, Personal Representative of the Estate of Virginia Sell,
D.J. Ref. DJ90-5-1-1-06498.
The Consent Decrees may be examined at U.S. EPA Region 8,999 18th
Street, Suite 300, Denver, Colorado, 80202. During the public comment
period, the Consent Decrees may also be examined on the following
Department of Justice website, http://www.usdoj.gov/enrd/open.html. A
copy of each 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 (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 $3.00
for the Consent Decree with Janice Graham, Independent Executor of the
Estate of Wayne Webster and $2.80 for the Consent Decree with Gary M.
Sell, Personal Representative of the Estate of Virginia Sell.
Robert D. Brook,
Assistant Chief, Environmental, Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 03-14824 Filed 6-11-03; 8:45 am]
BILLING CODE 4410-15-M