[Federal Register Volume 64, Number 206 (Tuesday, October 26, 1999)]
[Notices]
[Page 57653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27903]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act
Notice is hereby given that a proposed Consent Decree in United
States v. Bay Chemical Company, et al., Civil Action No. C-995521RJB
was lodged on October 5, 1999 with the United States District Court for
the Western District of Washington.
The complaint in this action seeks to recover, pursuant to Section
107 of the Comprehensive Environmental Response, Compensation, and
Liability Act (``CERCLA''), 42 U.S.C. Sec. 9607 response costs incurred
and to be incurred by the U.S. Environmental Protection Agency
(``EPA'') in the Hylebos Waterway Problem Areas in Operable Unit 1
(``OU1'') of the Commencement Bay Nearshore/Tideflats Superfund Site
(hereinafter ``the Site'') located in Tacoma, Washington. The
defendants include owners and operators of properties within two
problem areas of one of the nine operable units at the Site.
The proposed Consent Decree embodies an agreement with seventeen
potentially responsible parties (``PRPs'') pursuant to Section 107 of
CERCLA, 42 U.S.C. 9607, to pays approximately $762,880 in past and
future response costs associated with the Hylebos Waterway Problem
Areas of OU1 of the Site. The above-described payments include a
premium to be paid by each settling party to offset the risks that
actual future response costs will exceed current estimates.
The Consent Decree provides the settling defendants with releases
for civil liability for response costs under Sections 106 and 107 of
CERCLA relating to the Hylebos Waterway Problem Areas of OU1 of the
Site. The Consent Decree explicitly reserves the United States' claims
for response costs associated with other operable units and problem
areas of the Site, natural resource damages, and other potential United
States' claims.
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 for the Environment and Natural Resources Division,
Department of Justice, P.O. Box 7611, Washington, D.C. 20044-7611, and
should refer to United States. v. Bay Chemical Company, et al, DOJ Ref.
No. 90-11-2-06010.
The proposed consent decree may be examined at the Office of the
United States Attorney, 3600 Seafirst Plaza, 800 5th Avenue, room 3601,
Seattle, WA 98104, and the Region X Office of the Environmental
Protection Agency, Region X Records Center, 1200 Sixth Avenue, Seattle,
Washington 98101. A copy of the proposed consent decree may be obtained
by mail from the Consent Library at the following address: U.S.
Department of Justice, Environmental Enforcement Section, Post Office
Box 7611, Washington, D.C. 20044. In requesting a copy, please refer to
the referenced case and enclose a check in the amount of $175.00 (25
cents per page reproduction costs), payment to the Consent Decree
Library.
Bruce Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 99-27903 Filed 10-25-99; 8:45 am]
BILLING CODE 4410-15-M
