[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Notices]
[Pages 63494-63495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30422]
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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 a proposed Consent Decree (``Decree'')
in United States versus ANRFS Holdings, Inc., et al, Civil Action No.
98-0400-E-BLW, was lodged on October 9, 1998, with the United States
District Court for the District of Idaho.
The complaint and amended complaints filed in the above-referenced
matter allege that defendants ANRFS Holdings, Inc.; FMC Corporation;
J.R. Simplot Company; Lucent Technologies, Inc.; Monsanto Company; and
Terteling Company, Inc. (together ``Settling Defendants'') are jointly
and severally liable for the United States' response costs at the
McCarty's/Pacific Hide and Fur Superfund Site (``Site'') in Pocatello,
Idaho, pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a).
The Site is comprised of 17 acres located in northwest Pocatello,
Idaho that as used as part of a gravel mining operation as early as
1949, and as a metal salvaging yard beginning in the late 1950s and
continuing until approximately 1979. Metal was salvaged at the Site
from many sources, including transformers, which were stored in and
around a gravel pit (``Pit'') in the southwest corner of the Site. Lead
from lead-acid batteries was also salvaged at the Site. As a result of
these activities, the Site was contaminated with lead and
polychlorinated biphenyls (``PCBs''), which are hazardous substances
within the meaning of CERCLA, and the United States incurred response
costs responding to the release or threat of release of these hazardous
substances at the Site.
Under the proposed Decree, Settling Defendants shall pay the United
States approximately $1.25 million towards the United States'
approximately $3.2 million in unreimbursed response costs at the Site.
In exchange, the Decree provides Settling Defendants a covenant
[[Page 63495]]
not to sue under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606-9607.
Sampling shows that the entire Site is now cleaned to residential
levels.
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, Washington, DC 20530, and should refer to United
States versus ANRFS Holdings, Inc., et al, DOJ Ref. #90-11-2-47B.
The proposed consent decree may be examined at the office of the
United States Attorney, District of Idaho, P.O. Box 32, Boise, Idaho,
83707, (208) 334-1211; the Region X Office of the Environmental
Protection Agency, 1200 Sixth Avenue, Seattle, Washington, 98101, (206)
553-1796; and at the Consent Decree Library, 1120 G Street, NW, 3rd
Floor, Washington, DC 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, NW, 3rd Floor, Washington, DC 20005. In
requesting a copy of the Decree, with all attachments, please refer to
the referenced case and enclose a check in the amount of $41.25 (25
cents per page reproduction costs), payable to the Consent Decree
Library. In requesting a copy of the Decree without the attachments,
please enclose a check in the amount of $6.75.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 98-30422 Filed 11-12-98; 8:45 am]
BILLING CODE 4410-15-M
