[Federal Register: December 10, 1998 (Volume 63, Number 237)]
[Notices]
[Page 68296-68297]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de98-124]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response Compensation and Liability Act

    Notice is hereby given that a proposed consent decree in United
States v. ARCO, Civil Action No. 89-039-BU-PGH (D. Mont.) and Montana
v. ARCO, Civil Action No. 83-317-HLN-PGH (D. Mont.), was lodged on
November 16, 1998 with the United States District Court for the
District of Montana. The United States filed its action pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
to recover costs incurred and to be incurred in cleaning up three
Superfund Sites in southwestern Montana. The State of Montana filed its
action pursuant to CERCLA and State law to recover natural resource
damages arising from the injury or destruction of natural resources
within the same area. The Confederated Salish and Kootenai Tribes of
the Flathead Reservation intervened in Montana v. ARCO, asserting
claims for the recovery of natural resource damages as well.
    The Consent Decree provides for the following: (1) ARCO's payment
of $80 million toward the ongoing remediation of one operable unit
(``the SST OU''), which represents 100% of the total projected costs of
that work, with provisions for the payment of cost overruns by ARCO,
the State of Montana, and EPA; (2) ARCO's payment of $3.9 million
towards the United States' $14.7 million in past costs related to the
SST OU; (3) ARCO's payment of a $1.8 million civil penalty for its
failure or refusal to comply with the Administrative Order requiring it
to perform the remedy at the SST OU; (4) payment of $2 million to the
Superfund to settle ARCO's counterclaims against the United States
related to the SST OU; (5) ARCO's commitment to a schedule to settle
the rest of the United States' cost recovery claims for the three
Sites, together with an ``earnest money'' deposit of $15 million
towards past cost if settlement is not reached on the remainder of the
case; (6) ARCO's payment of $1.7 million in cash and ARCO's creation of
400 acres of replacement wetlands in settlement of the U.S. Fish and
Wildlife Service's claims for natural resource damages (work valued at
approximately $3.3 million); (7) the creation of an additional 1,200
acres of wetlands by the State of Montana and the Confederated Salish
and Kootenai Tribes of the Flathead Reservation to further compensate
the U.S. Fish and Wildlife Service; (8) commitments by the State and
the Tribes to perform restoration work related to the creation of bull
trout habitat within the Clark Fork River Basin; and (9) ARCO's payment
of $18.3 million to the Tribes in compensation for their natural
resource damages claims. The proposed Consent Decree also provides that
the United States covenants not to sue or take administrative action
against ARCO, its officers, directors and employees to the extent such
officers', directors', and employees' liability arises solely from
their status as officers, directors, or employees, pursuant to Sections
106, 107(a) of CERCLA, 42 U.S.C. 9606, 9607(a) and Section 7003 of the
Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973 at
the SST OU, except as specifically provided in the consent decree. This
settlement is contingent upon entry of a State Consent Decree that was
lodged on June 19, 1998 and settles the claims of the State of Montana
for natural resource damages at certain locations within the Basin. The
State Consent Decree provides for the recovery of $133 million in cash
and $2 million in land. Together, therefore, the two settlements result
in recovery of at least $100.9 million in response costs and $158.2
million in natural resource damages.
    The Department of Justice will provide a RCRA public meeting in the
affected area if requested and will receive, for a period of thirty
(30) days from the date of this publication, comments relating to the
proposed consent decree. Comments and/or a request for a RCRA public
meeting should be addressed to the Assistant Attorney General for the
Environment and Natural Resources Division, Department of Justice,
Washington, DC 20530, and should refer to United States v. ARCO, DOJ
Ref. #90-11-2-430.
    The proposed consent decree may be examined at the office of the
United States Attorney, Western Federal Savings and Loan Building, 2929
3rd Avenue, North, Suite 400, Billings, Montana 59101, the Montana
Field Office, Environmental Protection Agency, Federal Building 301
South Park, Drawer 10096 Helena, MT 59626-0096, and at the Consent
Decree Library, 1120 G Street, NW., 3rd Floor, Washington, DC 20005,
(202) 624-0892.

[[Page 68297]]

A copy of the proposed consent decree may be obtained in person or by
mail from the Consent Decree Library, 1120 G Street, NW., 3rd Floor,
Washington, DC 20005. In requesting a copy please refer to the
referenced case and enclose a check in the amount of $31.00 for the
consent decree and $47.50 for the attachments (25 cents per page
reproduction costs) for each decree, payable to the Consent Decree
Library.
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 98-32822 Filed 12-9-98; 8:45 am]
BILLING CODE 4410-15-M