Notice2022-18839
Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act
Primary source
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Published
August 31, 2022
Issuing agencies
Justice Department
Full Text
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<title>Federal Register, Volume 87 Issue 168 (Wednesday, August 31, 2022)</title>
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[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53502-53503]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18839]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On August 25, 2022, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the District
of Utah in the lawsuit entitled United States v. United Park City Mines
Company, Civil Action No. 2:19-cv-00200-BSJ.
The United States filed this lawsuit against United Park City Mines
Company (``UPCM'') under the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA''). The complaint seeks
recovery of costs that the United States incurred pursuant to a 2014
Administrative Settlement Agreement and Order on Consent (``2014
AOC''), along with declaratory judgments regarding UPCM's liability for
future costs to be incurred in responding to releases of hazardous
substances at the Richardson Flat Tailings Site near Park City, Utah.
Under the Consent Decree, UPCM agrees to pay or cause to be paid
$6,475,000 for response costs at the Richardson Flat Tailings Site,
$350,000 for natural resource damages at the Richardson Flat Tailings
Site, and $250,000 for response costs at the nearby Uintah Mining
District Site. In return, the United States agrees not to sue UPCM and
certain other entities
[[Page 53503]]
under sections 106 and 107 of CERCLA; under section 7003 of the
Resource Conservation and Recovery Act (``RCRA''); in relation to
certain previous agreements among the United States, UPCM, and others,
including the 2014 AOC; and under the Federal Priority Statute, the
Federal Debt Collection Procedures Act, or any alter-ego, fraudulent-
conveyance, or other debt-collection cause of action for response costs
related to the Richardson Flat Tailings Site and Uintah Mining District
Site.
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 v. United Park City Mines Company, D.J.
Ref. No. 90-11-3-08764/4. 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 email............................ <a href="/cdn-cgi/l/email-protection#c8b8bdaaaba7a5a5ada6bce5adadbbe6ada6baac88bdbbaca7a2e6afa7be"><span class="__cf_email__" data-cfemail="75050017161a1818101b01581010065b101b0711350006111a1f5b121a03">[email protected]</span></a>.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
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Under section 7003(d) of RCRA, a commenter may request an
opportunity for a public meeting in the affected area.
During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department website: <a href="https://www.justice.gov/enrd/consent-decrees">https://www.justice.gov/enrd/consent-decrees</a>. 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 $5.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Jeffrey Sands,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2022-18839 Filed 8-30-22; 8:45 am]
BILLING CODE 4410-15-P
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