[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Notices]
[Page 38217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18086]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Degree Under the Comprehensive
Environmental Response, Compensation, and Liability Act
Notice is hereby given that on July 1, 1999, the United States
filed a proposed Consent Decree in United States v. Waste Management
Disposal Services of Pennsylvania, Inc., Civ. Action No. 99CV3351 (E.D.
Pa.), in the United States District Court for the Eastern District of
Pennsylvania.
The United States' claims resolved by the Decree are described in a
Complaint filed contemporaneously with the Decree, and pertain to the
Elizabethtown Landfill Superfund Site in Lancaster County,
Pennsylvania. The Complaint seeks: (1) An injunction, pursuant to
section 106(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9606(a), to
implement EPA's Record of Decision for the Site, (2) the recovery of
EPA's past costs under Section 107 of CERCLA, 42 U.S.C. 9607; and (3) a
declaratory judgment on the Defendants' liability for future costs
under Section 113(g)(2) of CERCLA.
The Consent Decree resolves the United States' claims against the
current owner of the Site, Waste Management Disposal Services of
Pennsylvania, Inc., and other Defendants namely AMP, Inc., Furnvial
Machinery Company, New Standard Corporation, and Wyeth-Ayerst
Laboratories (collectively, the ``Settling Defendants''), who allegedly
sent materials containing hazardous substances to the Elizabethtown
Site. The Decree requires the Settling Defendants to perform the
Remedial Design and Remedial Actions necessary to implement EPA's
Record of Decision, and to reimburse EPA for some of its past and
future costs. In return, the Settling Defendants will obtain: (1)
Protection from contribution actions by other responsible parties; (2)
covenants not to sue from the United States; (3) forgiveness of almost
$1 million of EPA past costs; (4) roughly $1.1 million in preauthorized
mixed funding from EPA; and (5) roughly $781,000 of the funds collected
by EPA to date from other settlements with parties contributing only
small amounts of hazardous substances to the Site. The Decree is also
based on the EPA's 1995 Model RD/RA consent decree.
EPA estimates the remedy to be implemented by the Settling
Defendants will cost roughly $26 million. The Consent Degree and EPA's
Record of Decision provide, however, that the Settling Defendants may
not have to implement ground water and surface water treatment portion
of the remedy if they can demonstrate to EPA that the groundwater and
surface water cleanup levels can be met, within a reasonable time,
without such treatment. This contingent remedy is estimated to cost no
more than $16 million. The Settling Defendants have also agreed to
immediately begin the remedial design work called for in the Record of
Decision, pursuant to an Administrative Order on Consent.
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 of the Environmental and Natural Resources Division,
Department of Justice, Washington, DC 20530, and should refer to United
States v. Waste Management Disposal Services of Pennsylvania, Inc., DOJ
Ref. 90-11-2-1097A.
The proposed consent decree may be examined at either U.S. EPA
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2029, or
the Consent Decree Library, 1120 G Street, NW, 3rd Floor, Washington,
DC 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, NW, 3rd Floor, Washington, DC 20005. In requesting a copy,
please enclose a check in the amount of $26.50 (25 cents per page
reproduction cost) payable to the Consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc 99-18086 Filed 7-14-99; 8:45 am]
BILLING CODE 4410-15-M
