[Federal Register Volume 61, Number 207 (Thursday, October 24, 1996)]
[Notices]
[Pages 55170-55171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27267]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA'')
Notice is hereby given that on October 9, 1996, a proposed Partial
Consent Decree (``Decree'') in United States v. Alaska Railroad
Corporation et al., Civil Action No. A91-589 (D. Alaska), was lodged
with the United States District Court for the District of Alaska. This
Decree resolves the United States' claims in this action against all of
the Defendants under Sections 107(a) of CERCLA, 42 U.S.C. 9607(a), for
response costs associated with the cleanup of the Standard Steel
Superfund Site in Anchorage, Alaska (``the Site''). The Settling
Defendants include six corporations that arranged for the disposal of
PCB-contaminated electrical equipment or lead-acid batteries at the
Site and the current landowner, Alaska Railroad Corporation. The Decree
also resolves the liability of federal entities who are counterclaim
defendants in this matter--the Federal Railroad Administration, the
Defense Reutilization and Marketing Service (``DRMS'') and the Army &
Air Force Exchange Service (``AAFES'')--for those costs. In addition,
the Decree allocates among the defendants and the counterclaim
defendants liability for the costs incurred by the parties that funded
the Remedial Investigation and Feasibility Study (``RI/FS''), including
the oversight of the RI/FS by the Environmental Protection Agency, and
the removal of scrap metal debris from the Site. Finally, this
settlement resolves the liability of the settling federal entities and
the Alaska Railroad Corporation for future response costs at the Site
and any natural resources damages, by fixing the proportion of such
costs or damages that they will be required to pay.
The United States, on behalf of the settling federal entities, and
the defendants will reimburse the Hazardous Substance Superfund more
than $3.6 million in past response costs, oversight costs and
enforcement costs. The United States, on behalf of the settling federal
entities, together with the Alaska Railroad Corporation, will fund
61.5% of future costs associated with the Site, including any costs
associated with natural resources damages.
Upon the effective date of the Decree, the defendants are entitled
to the contribution protection afforded by Section 113(f)(2) of CERCLA,
42 U.S.C.
[[Page 55171]]
9613(f)(2), for past response costs, oversight costs and enforcement
costs. This protection is extended to the Alaska Railroad Corporation
and the settling federal entities for future costs as well. The Decree
reserves all claims against the defendants other than Alaska Railroad
Corporation for future response costs and natural resource damages.
The Department of Justice will receive comments relating to the
proposed Decree for a period of thirty (30) days from the date of this
publication. 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. Alaska Railroad Corporation, D.J. No. 90-11-3-810.
The proposed Decree may be examined at the Office of the United
States Attorney for the District of Alaska, Room 253, Federal Building
and U.S. Courthouse, 222 West Seventh Avenue, Anchorage, Alaska 99513-
7567; the Region 10 Office of the Environmental Protection Agency, 1200
Sixth Avenue, Seattle, Washington 98101; and at the Consent Decree
Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005 (Tel:
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 $13.50 (25 cents per page reproduction cost)
for the Partial Consent Decree, or $38.75 for the Partial Consent
Decree with Appendices, payable to Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 96-27267 Filed 10-23-96; 8:45 am]
BILLING CODE 4410-01-M
