[Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1037]
[[Page Unknown]]
[Federal Register: January 18, 1994]
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DEPARTMENT OF JUSTICE
Lodging a Final Judgment by Consent Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act
Notice is hereby given that on December 30, 1993, a proposed
consent decree in United States v. Maryland Sand, Gravel and Stone, et
al., Civ. A. No. HAR-89-2869, was lodged with the United States
District Court for the District of Maryland.
The complaint filed by the United States in October 1989 seeks to
recover past, unreimbursed costs under Section 107 of the Comprehensive
Environmental Response, Compensation and Liability Act (``CERCLA''), 42
U.S.C. 9607, incurred by the United States in connection with response
actions taken at the Maryland Sand, Gravel and Stone Superfund Site
(``Site'') located in Elkton, Maryland. Maryland Sand, Gravel and Stone
Company, (``Maryland Sand Company'') the owner and operator of the
Site, was sued along with four other defendants. The proposed decree
represents a partial settlement of this case, resolving only the United
States' claims for past response costs against the Maryland Sand
Company.
Under this consent decree, the Maryland Sand Company will pay the
United States $25,000 in partial reimbursement of the United States'
unrecovered past response costs. The settlement is based on a
demonstration by Maryland Sand Company of its inability to reimburse
the United States for any additional response costs. Under the terms of
the decree, Maryland Sand Company will also provide the United States
and its representatives, including the United States Environmental
Protection Agency, access to the Site for purposes of conducting and
overseeing CERCLA response activities. The United States has
specifically reserved its right to seek further relief from Maryland
Sand Company on claims for future response costs, and for claims for
natural resource damages, criminal liability and other claims that are
outside of the scope of the complaint filed in this case.
The Department of Justice will receive comments relating to the
proposed consent decree for a period of thirty days from the date of
publication of this notice. Comments should be addressed to the
Assistant Attorney General of the Environment and Natural Resources
Division, Department of Justice, P.O. Box 7611, Ben Franklin Station,
Washington, DC 20044, and should refer to United States v. Maryland
Sand, Gravel and Stone, et al., DOJ Reference No. 90-11-2-225(A).
The proposed consent decree may be examined at the Office of the
United States Attorney for the District of Maryland, U.S. Courthouse,
101 Lombard Street, Baltimore, MD 21201; Regional III Office of the
Environmental Protection Agency, 841 Chestnut Street, Philadelphia,
PA.; and at the Consent Decree Library, 1120 ``G'' Street, NW., 4th
Floor, Washington, DC 20005, (202) 624-0892. A copy of the proposed
decree may be obtained in person or by mail from the Consent Decree
Library at the address listed above. In requesting a copy, please refer
to the referenced case and number, and enclose a check in the amount of
$4.50 (25 cents per page reproduction costs), payable to the Consent
Decree Library.
John C. Cruden,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 94-1037 Filed 1-14-94; 8:45 am]
BILLING CODE 4410-01-M