CLEARLAKE OAKS — Notice was given that the U. S. Government lodged a proposed consent decree with defendants Bradley Mining Company (BMC) and Fredrick Bradley, trustee, with respect to the Sulphur Bank Mercury Mine Superfund Site in Clearlake Oaks.
Public comment on the decree is open through March 26. Comments should be addressed to the Assistant Attorney General, Environmental and Natural Resources Division and either emailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, D.C. 20044-7611. Written comments should refer to the United States v. Bradley Mining Company, et al, D.J. Ref. 90-11-3-07593.
The document can be viewed online at www.justice.gov/enrd/5573.htm.
The decree in-part resolves: a complaint on behalf of the Environmental Protection Agency (EPA) against the defendants seeking recovery of response costs incurred by the EPA related to releases of hazardous substances at the Sulphur Bank site; claims in the Sulphur Bank case brought by the Elem Tribe against the defendants and the United States for cost recovery and damages for injury to, destruction of, or loss of natural resources related to the site and the costs of any natural resource damage assessments. The consent decree resolves counterclaims brought on by the defendants.
According to the Federal Register, financial information provided by the settling defendants indicated inability to pay. Pursuant to the proposed consent decree, the United States will receive a payment of $505,000 from BMC”s insurer, a percentage of future insurance recoveries and future income and the proceeds from the future sale of parcels of land. Bradley Trust will transfer property to the Elem Tribe. In exchange, the proposed consent decree provides Bradley Trust and the BMC with covenants not to sue and contribution protection for the site. Clearlake Environmental Action Network representatives Holly Harris and Chuck Lamb are concerned with the proposed agreement and potential resale of the property. While the redevelopment agreement has a number of strict details on what can be done of the sale-able properties, such as no well drilling or geothermal wells, it appears these restrictions could be overridden with the approval of the EPA.
“It is important that our Lake County have input on the settlement,” Harris said.
