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]
-----------------------------------------------------------------------
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
![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif)