Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 24644 [2016-09565]

Download as PDF 24644 Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Notices with anyone from [other Defendant] about marketing plans.) A copy of the court order is attached. Please read it carefully and familiarize yourself with its terms. The order, rather than the above description, is controlling. If you have any questions about the order or how it affects your activities, please contact me. Thank you for your cooperation. Sincerely, [Defendant’s Antitrust Compliance Officer] [FR Doc. 2016–09728 Filed 4–25–16; 8:45 am] Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and State of South Dakota v. CoCa Mines, Inc. and Thomas E. Congdon, D.J. Ref. No. 90–11–3–11179. All comments must be submitted no later than thirty (30) days after the publication date of this Notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By e-mail ....... BILLING CODE P pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. DEPARTMENT OF JUSTICE By mail ........... mstockstill on DSK4VPTVN1PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On April 15, 2016, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of South Dakota, Western Division in the lawsuit entitled United States and State of South Dakota v. CoCa Mines, Inc. and Thomas E. Congdon, Civil Action No. 5:16–cv– 05022–JLV. This 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. 9607(a) and 9613(g)(2), for the recovery of response costs related to the cleanup at the Gilt Edge Mine Site (‘‘Site’’) in Lawrence County, South Dakota. The United States and the State of South Dakota filed a Complaint in this case on April 14, 2016 alleging that the Defendants are jointly and severally liable for response costs related to the cleanup at the Site. 42 U.S.C. 9607(a) and 9613(g)(2). The Complaint requests recovery of costs that the United States and the State incurred responding to releases of hazardous substances at the Site near Lead, South Dakota. Both Defendants signed the Consent Decree and will pay a combined $10.3 million in cash, with CoCa Mines paying up to an additional $700,000 in future insurance recovery. The money will be used to help pay for response costs related to the cleanup at the Site. In return, the United States and the State of South Dakota agree not to sue the Defendants under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607. The Consent Decree would resolve the claims against the Defendants as described in the Complaint. The publication of this Notice opens a period for public comment on the VerDate Sep<11>2014 22:08 Apr 25, 2016 Jkt 238001 During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $8.25 (25 cents per page reproduction cost) payable to the United States Treasury. Jeffrey K. Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. Mines, Inc. will pay $5.4 million to the U.S. Environmental Protection Agency (‘‘EPA’’) and $600,000 to the Colorado Department of Public Health and Environment (‘‘CDPHE’’) for response costs incurred and to be incurred at the Site. The settlement extends a covenant not to sue under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, to the Settling Defendant, CoCa Mines, Inc., and to the Settling Defendant’s Related Parties a term defined, subject to specific limitations, to include Hecla Limited and Creede Resources, Inc. The settlement further extends, subject to specific limitations, to Settling Defendant’s successors and assigns, and to the officers, directors, and employees of Settling Defendant and Settling Defendant’s Related Parties. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States and State of Colorado v. CoCa Mines, Inc., D.J. Ref. No. 90–11– 3–10841. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By e-mail ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, D.C. 20044–7611. By mail ........... [FR Doc. 2016–09565 Filed 4–25–16; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act On April 14, 2016, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the District of Colorado in the lawsuit entitled United States and State of Colorado v. CoCa Mines, Inc., Civil Action No. 1:16–cv–00847WJM. The case concerns the Nelson Tunnel/ Commodore Waste Rock Pile Superfund Site (‘‘Site’’) located near Creede, Colorado, and the potential liability of CoCa Mines, Inc. under Section 107(a) of CERCLA, 42 U.S.C. 9607(a), as a past owner or operator at the Site from 1973 to 1993. Under the settlement CoCa PO 00000 Frm 00091 Fmt 4703 Sfmt 9990 During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $6.75 (25 cents per page reproduction cost) payable to the United States Treasury for a copy of the Consent Decree. Jeffrey K. Sands, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2016–09564 Filed 4–25–16; 8:45 am] BILLING CODE 4410–15–P E:\FR\FM\26APN1.SGM 26APN1

Agencies

[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Notices]
[Page 24644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09565]


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DEPARTMENT OF JUSTICE


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

    On April 15, 2016, the Department of Justice lodged a proposed 
Consent Decree with the United States District Court for the District 
of South Dakota, Western Division in the lawsuit entitled United States 
and State of South Dakota v. CoCa Mines, Inc. and Thomas E. Congdon, 
Civil Action No. 5:16-cv-05022-JLV.
    This 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. 9607(a) and 9613(g)(2), for the recovery of 
response costs related to the cleanup at the Gilt Edge Mine Site 
(``Site'') in Lawrence County, South Dakota.
    The United States and the State of South Dakota filed a Complaint 
in this case on April 14, 2016 alleging that the Defendants are jointly 
and severally liable for response costs related to the cleanup at the 
Site. 42 U.S.C. 9607(a) and 9613(g)(2). The Complaint requests recovery 
of costs that the United States and the State incurred responding to 
releases of hazardous substances at the Site near Lead, South Dakota. 
Both Defendants signed the Consent Decree and will pay a combined $10.3 
million in cash, with CoCa Mines paying up to an additional $700,000 in 
future insurance recovery. The money will be used to help pay for 
response costs related to the cleanup at the Site. In return, the 
United States and the State of South Dakota agree not to sue the 
Defendants under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 
9607. The Consent Decree would resolve the claims against the 
Defendants as described in the Complaint.
    The publication of this Notice opens a period for public comment on 
the Consent Decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States and State of South Dakota v. CoCa Mines, 
Inc. and Thomas E. Congdon, D.J. Ref. No. 90-11-3-11179. All comments 
must be submitted no later than thirty (30) days after the publication 
date of this Notice. Comments may be submitted either by email or by 
mail:

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            To submit comments:                     Send them to:
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By e-mail.................................  pubcomment-ees.enrd@usdoj.gov.
By mail...................................  Assistant Attorney General,
                                             U.S. DOJ--ENRD, P.O. Box
                                             7611, Washington, DC 20044-
                                             7611.
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    During the public comment period, the Consent Decree may be 
examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the Consent Decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $8.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Jeffrey K. Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2016-09565 Filed 4-25-16; 8:45 am]
 BILLING CODE 4410-15-P