[Federal Register Volume 61, Number 13 (Friday, January 19, 1996)]
[Notices]
[Page 1405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-605]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act and Other
Authorities
In accordance with Departmental policy, 28 C.F.R. Sec. 50.7, notice
is hereby given that on December 21, 1995, a proposed Consent Decree in
United States v. Occidental Chemical Corporation, et al. (Love Canal),
Civil Action No. 79-990 (JTC), was lodged with the United States
District Court for the Western District of New York. The decree
represents a settlement of claims by the United States against
Occidental Chemical Corporation (Occidental) for recovery, pursuant to
the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA), Section 7003 of the Resource Conservation and Recovery
Act (RCRA) and other authorities, of costs and interest incurred in
response to the release of hazardous substances at the Love Canal
Landfill Site near Niagara Falls, New York.
Under the settlement, Occidental will reimburse response costs
incurred by the Environmental Protection Agency Superfund and the
Federal Emergency Management Agency in connection with the relocation
of Love Canal area residents, Site studies and remediation, oversight,
litigation and other expenses. Occidental will pay $129 million dollars
in four equal annual installments of $32,250,000 commencing 90 days
after entry of the Decree, plus additional interest on each $32,250,000
installment calculated from August 1, 1995 at the rate established by
CERCLA. Occidental will also pay certain additional expenses of the
United States incurred since August 1, 1995. Further, Occidental will
pay $375,000 for natural resource damages restoration and assessment,
with preferential review accorded a creek restoration project in
Niagara County. In addition to the payments by Occidental, the United
States will contribute an additional $8 million to the Superfund and on
behalf of FEMA to resolve counterclaims by Occidental against the
United States.
Under the partial consent decree between the United States and
Occidental, which was entered by the Court on September 20, 1989,
Occidental agreed to complete remediation of Love Canal Site sewers and
creeks and to dispose of hazardous wastes. The instant decree in no way
alters those obligations. Similarly, the instance decree will not
affect the New York State Consent Judgment, which was approved by the
Court on July 1, 1994, under which Occidental agreed to perform
operation and maintenance (O & M) of the remedy. Finally, Occidental
agrees in the proposed decree that the United States may independently
enforce against Occidental the O & M obligations it accepted under the
State Consent Judgment.
The Department of Justice will receive for a period of thirty (30)
days from the date of this publication comments relating to the
proposed Consent Decree. Comments should be addressed to the Assistant
Attorney General of the Environment and Natural Resources Division,
Department of Justice, Washington, D.C. 20530, and should refer to
United States v. Occidental Chemical Corporation, D.J. Ref. 90-5-1-1-
1229. Commentors may request an opportunity for a public meeting in the
affected area, in accordance with Section 7003(d) of RCRA.
The proposed Consent Decree may be examined at the Office of the
United States Attorney, Western District of New York, Federal Centre,
138 Delaware Avenue, Buffalo, New York 14202 and at the Consent Decree
Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, (202)
624-0892. A copy of the proposed Consent Decree may be obtained in
person or by mail from the Consent Decree Library, 1120 G Street, N.W.,
4th Floor, Washington, D.C. 20005. In requesting a copy, please enclose
a check in the amount of $8.00 (25 cents per page reproduction cost)
payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 96-605 Filed 1-18-96; 8:45 am]
BILLING CODE 4410-01-M
