[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Notices]
[Pages 20274-20275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11221]
=======================================================================
-----------------------------------------------------------------------
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 C.F.R. 50.7, notice is
hereby given that a proposed consent decree in United States v.
Amercian Cyanamid, et al., Civil Action No. 2:93-0654 (S.D.W.V.), was
lodged on April 24, 1996 with the United States District Court for the
Southern District of West Virginia.
In the consent decree, the United States settles with 53 parties
and various corporate affiliates. Those parties will reimburse $19.26
million of the United States' past costs and perform future soil and
groundwater clean-up and closure of an old wastewater treatment plant
provided that the clean-ups to be selected are premised upon projected
future industrial use of the Site and that the estimates of future
costs contained in the EPA Records of Decision not exceed respective
thresholds of $45 million for soil and groundwater remediation, and $14
million for the clean-up of the wastewater treatment plant. One
defendant, Chemical Associates, separately agrees to reimburse $350,000
of the United States' response costs.
Moreover, in the consent decree, the claims of certain defendants
in this action against OHM Remediation Services, Corp. are released and
resolved. The United States also releases its claims under Sections 106
and 107 of CERCLA, 42 U.S.C. Secs. 9607 and 9606, and Section 7003 of
RCRA, 42 U.S.C. Sec. 6973, against OHM at the Site. OHM in turn
releases its cost recovery claims and covenants not to sue the United
States for claims that were or could have been asserted in this action
by any party to the case arising from response actions at the Site.
The State of West Virginia, on behalf of the West Virginia
Department of Environmental Protection (``State''), also is a party to
the decree, receiving $1,150,000 in past costs over five years, future
oversight costs of $30,000 per year, and $150,000 to resolve state
claims for natural resources damages from the settling parties.
The decree also resolves the liability of the United States, on
behalf of the Department of Defense, in the case. The United States
will pay for portions of four remedy components associated with the WWI
era, for a projected total United States payment of approximately $12
million, depending on precise future remedy costs. The decree resolves
also the liability of Hercules, the operator of the WWI plant, which
will pay $156,790 toward future clean-up of 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 partial 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. American Cyanamid, et at. Civil Action No.
2:93-0654 (S.D.W.V.), DOJ Ref. #90-11-3-706. Commenters may request an
opportunity for a public meeting in the affected area, in accordance
with Section 7003(d) of RCRA.
[[Page 20275]]
The proposed consent decree may be examined at the United States
Department of Justice, Environment and Natural Resources Division,
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,
D.C. 20005, (202) 624-0892. A copy of the proposed partial 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 $40.00 (25 cents per page reproduction costs),
payable to the Consent Decree Library. Attachments to the proposed
partial consent decree can be obtained for the additional amount of
$31.00.
Joel M. Gross,
Chief Environmental Enforcement Section.
[FR Doc. 96-11221 Filed 5-3-96; 8:45 am]
BILLING CODE 4410-01-M
