*Pages 1--1 from Document*
40044 Federal Register / Vol. 64, No. 141 / Friday, July 23, 1999 / Notices
Floor, Washington, DC 20005, (202) 624± 0892. 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 2005. In
requesting a copy, please refer to the referenced case and enclose a check in
the amount of $37.50 (25 cents per page reproduction costs), payable to the
Consent Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section Environment and Natural Resources Division.
[FR Doc. 99± 18810 Filed 7± 22± 99; 8: 45 am]
BILLING CODE 4410± 15± M
DEPARTMENT OF JUSTICE
Lodging of Consent Decree Under the Comprehensive Environmental
Response, Compensation, and Liability Act
Notice is hereby given that on July 9, 1999 a proposed Consent Decree in
United States and Cheyenne River Sioux Tribe v. Homestake Mining Company of
California, Civil Action No. 97± 5100, and State of South Dakota v. Homestake
Mining Company of California, Civil Action No. 97± 5078 (consolidated) was
lodged with the United States District Court for the District of South Dakota in
Rapid City. The Consent Decree settled federal,
state, and tribal natural resource damage and trustee response costs claims
associated with contamination resulting from deposits of millions of tons of
tailings from Homestake's mining operations. Since the late 1870's
Homestake has operated a gold mine in Lead, South Dakota. In their respective
claims, the United States, the Cheyenne River Sioux Tribe, and the State of
South Dakota alleged that tailings deposited into Whitewood Creek caused
injuries to natural resources in the Cheyenne River Basin, and sued
Homestake under CERCLA Section 107, 42 U. S. C. 9607, the Clean Water Act
Section 311( f), 33 U. S. C. 1321( f), and state nuisance law. Homestake asserted
a variety of counterclaims against all plaintiffs, including the United States.
This global settlement reached among Homestake, the United States, the
Cheyenne River Sioux Tribe and the State of South Dakota, provides $4
million to be shared equally among the United States, the State, and the Tribe,
to be used for natural resource restoration. Additionally, the Tribe will
receive 400 acres in the Black Hills to be used for non-commercial purposes,
and $500,000 for environmental monitoring on the reservation, and the State will receive water rights in the Black Hills. The United States will receive $500,000 for damage assessment
costs and will enter into an agreement with Homestake to exchange BLM mine-contaminated
land for clean land. All EPA response cost claims have been
specifically reserved. In exchange for the covenants and releases provided to
Homestake, Homestake will dismiss all of its counterclaims.
The Department of Justice will receive for a period of thirty (30) days from the
date of this publication comments relating to the consent decree.
Comments should be addressed to the Assistant Attorney General of the
Environment and Natural Resources Division, Department of Justice,
Washington, DC 20530, and should refer to United States and Cheyenne River
Sioux Tribe v. Homestake Mining Company of California, D. J. Ref. 90± 11±
3± 1718. The Consent Decree may be examined
at the Office of the United States Attorney, 230 Phillips Avenue, Suite
600, Sioux Falls, South Dakota 57104± 6321, the United States Attorney's
Office, District of South Dakota, 515 9th Street, Rapid City, South Dakota 55701,
the Office of the Attorney General, State of South Dakota, 500 East Capitol,
Pierre, South Dakota, the Office of the Secretary of the Chairman of the
Cheyenne Sioux River Tribe, Eagle Butte, South Dakota, and at the Consent
Decree Library, 1120 G Street, NW, 3rd Floor, Washington, DC 20005, (202)
624± 0892. A copy of the Consent Decree may be obtained in person or by mail
from the Consent Decree Library, 1120 G Street, NW, 3rd Floor, Washington,
DC 20005, (202) 624± 0852. In requesting a copy, please enclose a check for the
copy production of the decree (25 cents per page) payable to the Consent Decree
Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
[FR Doc. 99± 18811 Filed 7± 22± 99; 8: 45 am]
BILLING CODE 4410± 15± M
DEPARTMENT OF JUSTICE
Lodging of Consent Decree Pursuant to the Clean Air Act
In accordance with Departmental policy, 28 C. F. R. 50.7, and section
113( g) of the Clean Air Act, 42 U. S. C. 7413( g), notice is hereby given that a
proposed consent decree in United States v. Department of Housing
Preservation and Development of the
City of New York, Civil Action No. CV± 99± 3781, was lodged on July 6, 1999,
with the United States District Court for the Eastern District of New York. The
proposed consent decree would settle a civil action that the United States
brought on behalf of the United States Environmental Protection Agency under
Section 113 of the Clean Air Act, 42 U. S. C. 7413, against the Department of
Housing Preservation and Development of the City of New York ('' the
defendant'') seeking civil penalties and injunctive relief to redress the
defendant's alleged violations of Sections 112 and 114 of the Clean Air
Act, 42 U. S. C. 7412, 7414, and the National Emission Standard for
Hazardous Air Pollutants for asbestos, 40 C. F. R. part 61, subpart M ('' the
asbestos NESHAP''). Specifically, the United States' complaint alleged that
the defendant violated these provisions by failing to notify EPA of the removal
of asbestos during demolition operations the defendant contracted to
have performed at 272 sites throughout New York City in or about 1993± 95.
Under the terms of the proposed consent decree, the defendant (1) Must
pay a civil penalty of $110,000, and (2) will be enjoined to comply with the
Clean Air Act and the asbestos NESHAP.
The Department of Justice will receive, for a period of thirty (30) days
from the date of this publication, comments relating to the proposed
consent decree. Comments should be addressed to the Assistant Attorney
General of the Environment and Natural Resources Division, Department of
Justice, Washington, D. C. 20530, and should refer to United States v.
Department of Housing Preservation and Development of the City of New
York, DOJ Ref, No. 90± 5± 2± 1± 2085.
The proposed consent decree may be examined at the office of the United
States Attorney for the Eastern District of New York, One Pierrepont Plaza, 14th
Floor, Brooklyn, New York 11201; the Region II Office of the Environmental
Protection Agency, 290 Broadway, New York, New York 10007± 1866; and at the
Consent Decree Library, 1120 G Street, NW, 3rd Floor, Washington, D. C. (202)
624± 0892. 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, D. C. 20005. In requesting a copy, please refer to the
referenced case and enclose a check in the amount of $3.50 (25 cents
1
Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law.
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Tsonkwadiyonrat (We are ONE Spirit)
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