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

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[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Notices]
[Page 50840]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au08-100]

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DEPARTMENT OF JUSTICE

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

    Notice is hereby given that on August 21, 2008, proposed
Modifications to the Consent Decree entered in United States and New
Mexico Office of the Natural Resources Trustee v. Bayard Mining Corp.
et al., Civil Action No. 95-0285 MV/LFG, was lodged with the United
States District Court for the District of New Mexico.
    In this action, the parties to the Consent Decree have stipulated
to modify the Consent Decree entered by the Court in this matter on
June 12, 1995. The original Consent Decree was entered pursuant to
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA'') sections 106(a) and 107, 42 U.S.C. 9606(a) and 9607, and
section 7003 of the Resource Conservation and Recovery Act (``RCRA''),
42 U.S.C. 6903. The original Consent Decree addressed the cleanup of
the Cleveland Mill Superfund Site, located near Silver City, New
Mexico. Due to changes in the required response action at the Site, the
parties have stipulated to modify this Consent Decree.
    Since entry of the Consent Decree in 1995, a separate CERCLA
removal action, conducted at the Site by the Settling Defendants
pursuant to EPA's administrative authorities, has obviated the need for
the remedial action required by the Consent Decree. Although the
Settling Defendants have performed the work pursuant to these revised
terms, the corresponding changes to the Consent Decree have not been
made. The proposed modifications serve to harmonize the Consent Decree
with the history of the response actions at the Site.
    The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
Proposed Modifications to the Consent Decree. Comments should be
addressed to the Assistant Attorney General, Environment and Natural
Resources Division, and either e-mailed to pubcomment-
ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of
Justice, Washington, D.C. 20044-7611, and should refer to United States
and New Mexico Office of the Natural Resources Trustee v. Bayard Mining
Corp. et al., Civil Action No. 95-0285 MV/LFG, D.J. Ref. 90-11-3-1171.
    During the public comment period, the Notice of Lodging of Proposed
Consent Decree Modifications, together with its appendices, may be
examined on the following Department of Justice Web site: http://
www.usdoj.gov/enrd/Consent_Decrees.html. Attached to the Notice of
Lodging are 10 Appendices, totaling 347 pages, which include, inter
alia, the original Consent Decree and the Joint Stipulation to Modify
Consent Decree. A copy of the Notice of Lodging and its appendices 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, please enclose a check in
the amount of $2.75 (25 cents per page reproduction cost) for a
complete copy of the Notice of Lodging of Proposed Consent Decree
Modifications (without exhibits), or $89.50, for the Notice of Lodging
with all exhibits. If the request is made by e-mail or fax, please
forward a check in the appropriate amount to the Consent Decree Library
at the stated address. The check should be payable to the U.S. Treasury.

Thomas A. Mariani, Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E8-19922 Filed 8-27-08; 8:45 am]
BILLING CODE 4410-15-P

 
 

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