Notice is hereby given that on April 21, 2006, a proposed consent decree (“decree”) in
In this action the United States sought past and future response costs pursuant to sections 107(a) and 113(g)(2) of CERCLA, 42 U.S.C. 9607(a) and 9613(g)(2), for groundwater contamination allegedly relating to CoZinCo's facility located on Operable Unit 3 of the Smeltertown Superfund Site (“Site”) in Salida, Colorado. CoZinCo has pursued reimbursement claims under section 106(b) of CERCLA, 42 U.S.C. 9606(b), claims for attorneys fees, and a counterclaim under the Federal Tort Claims Act against the United States. The proposed consent decree would resolve all claims asserted, or which could be asserted, by CoZinCo against the United States at this Site in exchange for CoZinCo's payment of $100,000 to the Environmental Protection Agency.
The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the decree. 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
The decree may be examined at U.S. EPA Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202. During the public comment period, the decree may also be examined on the following Department of Justice Web site,