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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.


 


[Federal Register: January 16, 2002 (Volume 67, Number 11)]
[Notices]
[Page 2243-2244]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja02-97]

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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 December 12, 2001 a proposed Consent 
Decree (``Decree'') in United States et al. v. The S.W. Chemical 
Company, Inc. Civil Action No. 01-2404, was lodged with the United 
States District Court for the District of Colorado. The action was 
filed pursuant to section 107(a)(1) and (4) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (``CERCLA''), 
42 U.S.C. 9607(a)(1) and (4). The action concerns EPA's costs of 
responding to the release or threatened release of hazardous substances 
at or from the Denver Radium Superfund Site, Operable Unit VIII, in the 
City and County of Denver, Colorado, also known as the Shattuck 
Superfund Site (the ``Site''), and possible damages for injury to or 
destruction of, or loss of natural resources resulting from the release 
of hazardous substances from the Site.
    Under the terms of the Decree The S.W. Shattuck Chemical Company, 
Inc. (the ``Defendant''), will: (a) Pay the United States $5.45 million 
to be deposited into an EPA special account to offset EPA's response 
costs at the Site; (b) pay $250,000 to the United States Department of 
the Interior to settle a potential natural resource damages claim; and 
(c) establish a trust and convey the 5.9 acre parcel which is the 
subject of the environmental clean-up to the trust for sale and 
distribution of net sale proceeds to EPA's special account for the 
Site. The decree also includes proposed settlement terms between the 
State of Colorado and the Defendant.
    The Department of Justice will receive comments relating to the 
proposed Consent Decree for a period of forty-five (45) days from the 
date of this publication. As a result of the discovery of anthrax 
contamination at the District of Columbia mail processing center in 
mid-October, 2001, the delivery of regular first-class mail sent 
through the U.S. Postal Service has been disrupted. Consequently, 
public comments which are addressed to the Department of Justice in 
Washington, DC and sent by regular, first-class mail through the U.S. 
Postal Service are not expected to be received in a timely manner. 
Therefore, comments should be addressed to the Assistant Attorney 
General, Environment and Natural Resources Division, Department of 
Justice, and sent to (1) Denver Field Office, 999 18th Street, Suite 
945NT, Denver, CO 80202; and/or (2) by facsimile to (202) 353-0296; 
and/or (3) by overnight delivery, other than through the U.S. Postal 
Service, to Chief, Environmental Enforcement Section, 1425 New York 
Avenue NW., 13th Floor, Washington, DC 20005. Each communication should 
refer to United States et al. v. The S.W. Shattuck Chemical Company, 
Inc., D.J. Ref. 90-11-2-741/1.

[[Page 2244]]

    The proposed Consent Decree may be examined at the offices of the 
EPA Superfund Records Center, EPA Region VIII, located at 999 18th 
Street (check in at Suite 300), Denver, Colorado 80202. A copy of the 
proposed Consent Decree may also be obtained by faxing a request to 
Tonia Fleetwood, Department of Justice Consent Decree Library, fax no. 
(202) 616-6584; telephone confirmation no (202) 514-1547. There is a 
charge for the copy (25 cents per page reproduction cost). Upon 
requesting a copy, please mail a check payable to the ``U.S. 
Treasury'', in the amount of $17.75, to: Consent Decree Library, U.S. 
Department of Justice, PO Box 7611, Washington, DC 20044-7611. The 
check should refer to United States et al. v. The S.W. Shattuck 
Chemical Company, Inc., D.J. Ref. 90-11-2-741/1.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 02-1118 Filed 1-15-02; 8:45 am]
BILLING CODE 4410-15-M 

 
 


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