98-32865. Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act  

  • [Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
    [Notices]
    [Pages 68297-68298]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-32865]
    
    
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    DEPARTMENT OF JUSTICE
    
    
    Notice of Lodging of Consent Decree Under the Comprehensive 
    Environmental Response, Compensation and Liability Act
    
        Under 28 C.F.R. Sec. 50.7, notice is hereby given that on November 
    24, 1998, a third round of settlements according to the terms of a 
    partial Consent Decree (``Decree'') previously lodged in United States 
    v. Keystone Sanitation Company, Inc., et al., Civil Action No. 1:CV-93-
    1482, was lodged with the United States District Court for the Middle 
    District of Pennsylvania.
        On September 27, 1993, the United States filed a complaint pursuant 
    to Section 107(a) of the Comprehensive Environmental Response, 
    Compensation and Liability Act (CERCLA), 42 U.S.C. Sec. 9607(a) against 
    the owners and operator of, and certain parties who arranged for the 
    disposal or treatment of hazardous substances at the Keystone Landfill 
    Superfund Site (the ``Site'') in Union Township, Adams County, PA. 
    Several of the defendants sued approximately 180 third-party 
    defendants, who in turn sued approximately 600 fourth party defendants, 
    including the third and fourth-party defendants proposed for addition 
    to the de micromis Consent Decrees lodged previously in this action.
    
    [[Page 68298]]
    
        The proposed settlement of an additional 34 parties is based upon 
    the same Decree previously lodged with the United States District Court 
    for the Middle District of Pennsylvania for public comment on April 5, 
    1996. 61 Fed. Reg. 18411 (April 25, 1996). Settlement of an additional 
    73 parties, based upon the same Decree, was lodged with the United 
    States District Court. This proposed Decree, entered into under Section 
    122(g) of CERCLA, 42 U.S.C. Sec. 9622(g) resolves the liability of 
    parties determined by EPA to be ``de micromis'', which for purposes of 
    this Site means that they contributed less than 1800 cubic yards of 
    municipal solid waste, and within such amount, less than 55 gallons or 
    100 pounds of materials contain hazardous substances. The defendants 
    will pay $1 each. With the April 5, 1996 and May 5, 1996 lodgings, the 
    United States solicited public comment upon the proposed Decree's 
    resolution of a total of 168 third and fourth party Defendant's 
    liability for response costs incurred and to be incurred at the Site. 
    With today's notice, the United States seeks comment on its settlement 
    according to the terms of this Decree with an additional 34 more 
    parties.
        The Department of Justice will receive for a period of thirty (30) 
    days from the date of this publication comments relating to the 
    proposed settlement with an additional 34 parties according to the 
    terms of the Decree. Comments should be addressed to the Assistant 
    Attorney General, Environment and Natural Resources Division, 
    Department of Justice, Washington, D.C. 20530 and should refer to 
    United States v. Keystone Sanitation Company, Inc. et al., DOJ No. 90-
    11-2-656A.
        The Decree may be examined at the Office of the United States 
    Attorney, Middle District of Pennsylvania, Federal Building and 
    Courthouse, 228 Walnut Street, Room 217, Harrisburg, Pennsylvania, 
    17108; Region III Office of the Environmental Protection Agency, 1650 
    Arch Street, Philadelphia, PA 19103; and at the Consent Decree Library, 
    1120 G Street, N.W., 3rd Floor, Washington, D.C. 20005 (202) 624-0892. 
    A copy of the Decree may be obtained in person or by mail from the 
    Consent Decree Library, 1120 G Street, N.W., 3rd Floor, Washington, 
    D.C. 20005. In requesting a copy, please enclose a check in the amount 
    of $10.00 (twenty-five cents per page reproduction costs) payable to 
    the ``Consent Decree Library.'' In requesting a copy exclusive of 
    defendants' signatures, please enclose a check in the amount of $1.50 
    payable to the Consent Decree Library.
        In addition, copies of the Decree, as well as the record supporting 
    EPA's eligibility determinations regarding the present 34 defendants 
    proposed for addition to the Decree, are available at the following 
    record repositories established by EPA near the Site pursuant to 
    Section 117(d) of CERCLA, 42 U.S.C. Sec. 9617(d):
    
    U.S. EPA, Region III (address above) Contact: Anna Butch, 215-814-3157
    Hanover Public Library, 2 Library Place, Hanover, PA 17331, Contact: 
    Raymond Van de Castle, 717-632-5183
    St. Mary's United Church of Christ, 1441 East Mayberry Road, 
    Westminster, MD 21158, Contact: Jeanne Bechtel, 410-848-3862
    
        The Decree and record are also available at Filias & McLucas, 4309 
    Linglestown Road, Harrisburg, PA 17112, the repository created to house 
    documents produced during discovery in the present litigation. Persons 
    wishing to view documents at Filias & McLucas should call 717-845-6418 
    to arrange an appointment.
    Joel M. Gross,
    Chief, Environmental Enforcement Section, Environment and Natural 
    Resources Division, U.S. Department of Justice.
    [FR Doc. 98-32865 Filed 12-9-98; 8:45 am]
    BILLING CODE 4410-15-M
    
    
    

Document Information

Published:
12/10/1998
Department:
Justice Department
Entry Type:
Notice
Document Number:
98-32865
Pages:
68297-68298 (2 pages)
PDF File:
98-32865.pdf