[Federal Register Volume 62, Number 229 (Friday, November 28, 1997)]
[Notices]
[Page 63385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31199]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (``CERCLA'') of
1980
Notice is hereby given that a proposed Consent Decree in United
States v. Larry A. Bell, et al., Civil Action No. 3-96-CV-80047, was
lodged on October 29, 1997, with the United States District Court for
the Southern District of Iowa, Davenport Division.
The complaint alleges that defendants Larry A. Bell (``Bell'') and
Bell Cedaridge Development, Inc. (``Bell Cedaridge'') are liable for
the United States' approximately $740,000 in response costs at the
Davenport Lead Superfund Site (``Site''), located at 5403 Ricker Hill
Road, Davenport, Iowa, pursuant to Section 107(a) of CERCLA, 42 U.S.C.
Sec. 9607(a). The complaint also includes an in rem action to recover
these costs, which are secured by a CERCLA lien against the Site,
pursuant to Section 107(l) of CERCLA, 42 U.S.C. Sec. 9607(l).
The Site, a partially-wooded lot owned by defendant Bell Cedaridge,
was used as a disposal site for ebonite and other battery components in
the early 1970s. As a result, on-Site soils were contaminated with lead
at levels of up to 27,300 mg/kg. The United States Environmental
Protection Agency (``EPA'') incurred its approximately $740,000 in
response costs in this case by conducting a removal action at the Site
in 1993.
The only valuable asset owned by Bell and Bell Cedaridge is the
Site itself, which is appraised at approximately $49,000. The Site is
subject to an approximate $25,000 mortgage and the CERCLA lien that
secures the United States' response costs. Under the proposed consent
decree, defendants Bell and Bell Cedaridge shall sell the Site and pay
to United States the proceeds from the sale, less costs of the sale and
amounts paid to secured lienholders with lien interests superior to the
United States' interest. In exchange, the United States will grant Bell
and Bell Cedaridge a Covenant Not to Sue for the claims set forth in
the complaint, and release the 107(l) lien attached to the Site.
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, D.C. 20530, and should refer to
United States v. Larry A. Bell, et al., DOJ Ref. #90-11-2-1008.
The proposed consent decree may be examined at the office of the
United States Attorney, District of Iowa, U.S. Courthouse Annex, 110 E.
Court Avenue, Des Moines, Iowa 50304, (515) 284-6257; the Region VII
Office of the Environmental Protection Agency, 726 Minnesota Avenue,
Kansas City, KS 66101, (913) 551-7010; 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 requiring a copy please refer to
the referenced case and enclose a check in the amount of $9.00 (25
cents per page reproduction costs), payable to the Consent Decree
Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 97-31199 Filed 11-26-97; 8:45 am]
BILLING CODE 4410-15-M
