[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Notices]
[Pages 8474-8475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4208]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response Compensation and Liability Act (``CERCLA'')
In accordance with Departmental policy, notice is hereby given that
a proposed consent decree in United States v. FAG Bearings Corp., Civil
Action No. 98-5003-CV-SW-1, was lodged on January 21, 1998, with the
United States District Court for the Western District of Missouri. The
consent decree resolves the claims for relief under Section 107 of
CERCLA, 42 U.S.C. 9607, filed in a complaint against FAG Bearings
Corporation (``FAG Bearings'') on behalf of the United States
Environmental Protection Agency (``EPA''). EPA is seeking payment of
costs incurred in performing response activities at the Newton County
TCE Site (``Site'').
Defendant FAG Bearings owns and operates a facility from which
there has been a release of TCE. From about 1970 to 1983, FAG Bearings
manufactured roller ball bearings assemblies such as wheel bearing
assemblies for the automotive industry. The Site is located in the
southwestern part of Missouri, just south of Joplin, Missouri and
contains the FAG Bearings facility. A plume of groundwater contaminated
with TCE extends south of the FAG Bearings facility and into the nearby
Villages of Silver Creek and Saginaw, Missouri. This action is based on
costs totaling $266,280.56 incurred for a removal action to provide
bottled water to residents at the Site with TCE contamination in their
private drinking water wells.
Under the proposed consent decree, FAG Bearings will reimburse the
EPA Hazardous Substance Superfund $266,280.56--100% of EPA's past
costs--plus an additional sum for Interest. In exchange, FAG Bearings
will receive a covenant not to sue pursuant to Sections 106 and 107(a)
of CERCLA, 42 U.S.C. 9606 and 9607(a), for response costs incurred by
EPA at the Site. In addition, FAG Bearings will receive contribution
protection under Section
[[Page 8475]]
113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2).
The Department of Justice will receive comments relating to the
proposed consent decree for a period of thirty (30) days from the date
of this publication. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division,
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,
DC 20044, and refer to United States v. FAG Bearings Corp., DOJ Ref.
90-11-3-1760.
Copies of the proposed consent decree may be examined at the Office
of the United States Attorney, 1201 Walnut Street, Suite 2300, Kansas
City, Missouri; and the Consent Decree Library, 1120 G Street, NW., 4th
Floor, Washington, DC 20005, (202) 624-0892. A copy of the proposed
Consent Decree may be obtained by mail or in person from the Consent
Decree Library. When requesting a copy of the proposed Consent Decree,
please enclose a check in the amount of $4.75 (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. 98-4208 Filed 2-18-98; 8:45 am]
BILLING CODE 4410-15-M
