HomeMy WebLinkAboutDERR-2024-007806Remedial Design Consent Decrees
Their Purpose and The Process
Presentation to the Stakeholder Forum
January 12, 2005
Stage Setting
The purpose of the Consent Decree is to
provide an enforcement mechanism
behind the selected remedy, to ensure the
remedies completion
EPA/DOJ, DEQ and KUCC
are currently negotiating the terms
and conditions of a Remedial Design
Consent Decree for Operable Unit #2
(SWJV GW)
Once complete, the parties will negotiate
a separate Consent Decree for OUs #8,
9,13, 14, 15, 18,19, 22, 23, and 24
Excluded OUs were previously covered
by the Bingham Creek RDCDs (12199)
or the RDCD for OUs #3, 6, and 7
The Process
Flow Chart
Yes
Standard RDCD Rendering
Process
Negotiations
Terms &
Conditions
Invitation to
Parties
General
Discussion on
Inclusions
Render Draft for
Review
Negotiate
Agreement
Lodge Final Draft
RDCD with Court –
Federal District Court
Court Hosted
Public Comment
Period
Advertised by
Court
Court Decision
Approval Y/N
RDCD
Approved
Yes
No Court Scheduled
Hearing –
Parties Provide Case
Arguments; Discussion
of Comments Not
Required
Court Decision
Approval Y/N
Final Draft RDCD
Dislodged
Parties Return to
Negotiations Table
Parties Appeal
Decision
No
EPA/DOJ, DEQ and Kennecott
have agreed to take some steps outside of
the standard process
for the groundwater CD
Bey ond court required comment
period, other public outreach will take
place
Process discussion, and Discussion on
general conditions and terms of
Discussion may lead to change
prior to CD finalization
and lodging with the court
Ty pically a court held comment period is
for thirty days; the parties may be
agreeable to request sixty days
The federal district court will
advertise the public comment period
and take comments under advisement
while it renders its decision
The statute does not
require the parties to respond
to comments in an official summary,
but the parties may
take the comments under advisement
prior to the court rendering its decision
If you have further questions or are in need of
more information, please contact me for
assistance
Douglas Bacon
DERR Project Manager
Kennecott South Zone
5364282
dbacon@utah.gov