[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Notices]
[Page 18853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9107]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that a proposed partial consent decree in
United States v. Pierce, Civil Action No. 83-CV-1623, was lodged on
March 29, 1995 with the United States District Court for the Northern
District of New York.
The complaint in the Pierce action was filed pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA''), 42 U.S.C. 9601 et seq., to recover costs incurred by the
United States in taking response actions in connection with the first
operable unit cleanup at the York Oil Superfund Site located in Moira,
Franklin County, New York (``Site'').
The proposed Consent Decree embodies an agreement by defendant
Aluminum Company of America (``Alcoa'') to design and implement a
remedy selected for the first operable unit at the Site involving the
cleanup of contaminated soils and groundwater. Alcoa has also agreed to
perform the subsequent operation and maintenance for this remedial
work, and to reimburse EPA for 40% of the first $400,000 of EPA's
oversight and periodic review costs. Alcoa has also agreed to pay
$1,907,259 towards EPA's past costs at the Site.
The proposed Consent Decree includes an agreement by certain
federal agencies (the Department of the Army, the Department of the Air
Force, the Department of Transportation, and the U.S. Postal Service)
to pay for 35% of the cost of the remedy and of the cost of operation
and maintenance, and to reimburse EPA for 35% of the first $400,000 of
EPA's oversight and periodic review costs. The federal agencies have
also agreed to pay $1,668,852 toward EPA's past costs at the Site.
The proposed Consent Decree includes an agreement by sixteen
additional potentially responsible parties at the Site to pay for
approximately 9% of the cost of the remedy and of the operation and
maintenance, and to pay $428,881.31 toward EPA's past costs at the
Site. The proposed Consent Decree also includes an agreement by the EPA
Hazardous Substance Superfund to pay for 16.11% of the cost of the
remedy.
The proposed Consent Decree includes a covenant not to sue by the
United States under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and
9607, and under Section 7003 of the Resource Conservation and Recovery
Act (``RCRA''), 42 U.S.C. Sec. 6973.
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. Pierce, DOJ Ref. #90-5-2-1-585. Commenters may request
an opportunity for a public meeting in the affected area, in accordance
with Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
The proposed Consent Decree may be examined at the Region 2 Office
of the Environmental Protection Agency, 290 Broadway, New York, NY
10278, at the U.S. Attorney's Office, 100 South Clinton Street,
Syracuse, NY, 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 requesting a copy please refer to the referenced case
and enclose a check in the amount of $61.25 (25 cents per page
reproduction costs), payable to the Consent Decree Library.
Joel M. Gross,
Acting Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 95-9107 Filed 4-12-95; 8:45 am]
BILLING CODE 4410-01-M
