98-29400. Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act  

  • [Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
    [Notices]
    [Pages 59329-59330]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-29400]
    
    
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    DEPARTMENT OF JUSTICE
    
    
    Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
    Environmental Response, Compensation, and Liability Act
    
        In accordance with Departmental policy, 28 CFR 50.7, notice is 
    hereby given that a consent decree in United States v. Air Products and 
    Chemicals, Inc., et al., Civil Action No. 97-CV-
    
    [[Page 59330]]
    
    0674 (E.D. Pa), was lodged on October 23, 1998, with the United States 
    District Court for the Eastern District of Pennsylvania. The consent 
    decree resolves the claims of the United States under Sections 107(a) 
    and 113(g) of the Comprehensive Environmental Response, Compensation, 
    and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9607(a) and 
    9613(g), for reimbursement of response costs incurred by the U.S. 
    Environmental Protection Agency (``EPA'') with respect to the Novak 
    Sanitary Landfill Superfund Site in South Whitehall Township, Lehigh 
    County, Pennsylvania. The consent decree also includes a covenant not 
    to sue by the United States under Section 7003 of the Resource 
    Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973. The consent 
    decree obligates the Settling Defendants to pay a total of 
    $1,035,931.72 to settle this action. This amount constitutes 87 percent 
    of EPA's outstanding past costs incurred through January 9, 1998. The 
    Settling Defendents remain potentially liable for all response costs 
    incurred after January 9, 1998. The Owner Settling Defendant also has 
    agreed to provide access to both EPA and private parties that are 
    performing cleanup pursuant to an EPA administrative order for remedial 
    design/remedial action.
        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, 
    U.S. Department of Justice, Washington, D.C. 20530, and should refer to 
    United States v. Air Products and Chemicals, Inc., et al., DOJ Ref. 
    #90-11-2-976B. Commenters may request an opportunity for 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, 616 Chestnut Street, Philadelphia, Pennsylvania 
    19106; the Region III Office of the Environmental Protection Agency, 
    1650 Arch Street, Philadelphia, PA: and at the Consent Decree Library, 
    1120 G Street, NW, 3rd Floor, Washington, D.C. 20005, (202) 624-0892. A 
    copy of the consent decree may be obtained in person or by mail from 
    the Consent Decree Library, 1120 G Street, NW, 3rd Floor, Washington, 
    D.C. 20005. In requesting a copy please refer to the referenced case 
    and enclose a check in the amount of $38.25 (25 cent per page 
    reproduction cost), payable to the Consent Decree Library.
    Joel M. Gross,
    Chief, Environmental Enforcement Section, Environment & Natural 
    Resources Division.
    [FR Doc. 98-29400 Filed 11-2-98; 8:45 am]
    BILLING CODE 4410-15-M
    
    
    

Document Information

Published:
11/03/1998
Department:
Justice Department
Entry Type:
Notice
Document Number:
98-29400
Pages:
59329-59330 (2 pages)
PDF File:
98-29400.pdf