[Federal Register: August 4, 2005 (Volume 70, Number 149)]
[Notices]
[Page 44939]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au05-53]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that on July 28, 2005, two proposed consent
decrees in United States v. County of Santa Clara, et al., Civil Act
No. 05-03073 PVT, were lodged with the United States District Court for
the Northern District of California.
The complaint, filed concurrently with lodging of the consent
decrees, seeks reimbursement pursuant to section 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act,
42 U.S.C. 9607, of natural resource damages arising from mercury
contamination from the New Almaden Mine Complex near San Jose,
California. One consent decree (the ``work'' consent decree) provides
that seven of the eight parties to that decree will perform a series of
restoration projects to address natural resource injuries arising from
mercury contamination from the New Aladen Mine Complex near San Jose,
California. The remaining party to that decree will pay $85,000 towards
the federal and state natural resource trustees' future costs. Under
the second decree (the ``costs'' decree), the settling party will pay
$475,000, of which $100,000 will be allocated to the trustee's future
costs, and $375,000 to their past costs.
In exchange for performance of the work and payment of costs, the
settling parties will receive a covenant-not-to-sue, subject to certain
reservations.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the consent
decrees. Comments should be addressed to the Assistant Attorney
General, Environment and Natural Resources Division, P.O. Box 7611,
U.S. Department of Justice, Washington, DC 20044-7611, and should refer
to United States v. County of Santa Clara, et al., D.J. Ref. No. 90-11-
2-07048.
During the public comment period, the consent decrees may be
examined on the following Department of Justice Web-site, http:/www.usdoj.gov/enrd/open.html.
Copies of the consent decrees 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 $34.00 (25
cents per page reproduction cost) payable to the U.S. Treasury, for the
work consent decree ($11.25 for a copy without attachments), and $6.00
for a copy of the costs decree.
W. Benjamin Fisherow,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 05-15377 Filed 8-3-05; 8:45 am]
BILLING CODE 4410-15-M