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Notice of Lodging of Consent Decree to Settle Claims at Three Kansas Smelter Sites - 30 day comment period


01/21/2011


Caney smelter circa 1904
Caney smelter circa 1904

A Consent Decree for three smelters in Kansas has been entered in court and made available for public comment. The Consent Decree will settle claims made by the natural resource Trustees (U.S. Fish and Wildlife Service and the State of Kansas) for natural resource damages against Blue Tee Corporation (Blue Tee). The claims arise from the releases of smelting wastes containing heavy metals, specifically cadmium, lead and arsenic, from three smelters owned and operated by a predecessor in interest of the Blue Tee in Dearing, Caney and Neodesha, Kansas.

Under the Consent Decree, Blue Tee will arrange for the purchase of a specified 80 acre parcel of property with natural resources equivalent to those injured, lost and destroyed by the releases of hazardous substances at the smelters. That property will be transferred to The Nature Conservancy, a nonprofit entity that will maintain the property and preserve it in perpetuity. Blue Tee will also pay to the Trustees a total of $180,298.27 to reimburse the Trustees for past assessment costs, and future restoration planning costs and operation and maintenance costs for the property.