[Federal Register Volume 63, Number 146 (Thursday, July 30, 1998)]
[Notices]
[Page 40736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20400]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Environmental Settlements
In accordance with Department policy, 28 CFR Sec. 50.7, notice is
hereby given that on June 16, 1998, the United States, on behalf of the
U.S. Environmental Protection Agency (``EPA'') entered into proposed
settlements in two related cases, United States v. City of McKinney,
Texas (498-cv-202) and United States v. McKinney Smelting, Inc. (498-
cv-204). The settlements involve remediation of, and environmental
violations at, the McKinney Smelting, Inc. (``MSI'') scrap metal
recycling facility. The Consent Decrees were lodged with the Court on
July 10, 1998.
The settlement with the City of McKinney (the ``City'') is pursuant
to the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9601, et seq.
and the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901 et seq. The
United States has alleged that the City contributed to the
contamination of the MSI facility as the past owner of roads which
border the facility and which contained lead battery casings as fill
material in the roadbed. Under the proposed settlement, the City will
contribute $33,500 to fund a portion of the cleanup of the MSI
facility, which will be performed by a prospective purchaser, Ferex,
Inc., in accordance with a March 25, 1998 ``Agreement and Covenant Not
to Sue'' (``PPA'') with the United States.
The Consent Decree with MSI is pursuant to Section 7003 of RCRA, 42
U.S.C. 6973, Section 15(1)(C) of the Toxic Substances Control Act
(``TSCA''), 15 U.S.C. 2614(1)(C) and Sections 301(a) and 402(p) of the
Clean Water Act (``CWA''), 33 U.S.C. 1311(a) and 1342(p). The United
States alleges MSI's improper disposal of non-liquid polychlorinated
biphenyls (``PCBs''), failure to comply with the Storm Water Pollution
Prevention requirements of the CWA, and that the disposal of hazardous
and solid waste at the facility may present an imminent and substantial
endangerment to health or the environment. The proposed Consent Decree
requires MSI to pay $25,000 in settlement of CWA civil penalty claims,
based on the company's financial inability to pay the full penalty
demanded.
The U.S. Department of Justice will receive for a period of thirty
(30) days from the date of this publication comments concerning the
proposed Consent Decrees. Comments should be addressed to the Assistant
Attorney General of the Environment and Natural Resources Division,
U.S. Department of Justice, Washington, D.C. 20530, and should refer to
the appropriate settlement, either United States v. City of McKinney,
Texas, D.J. ref. 90-5-1-1-4458/2 or United States v. McKinney Smelting,
Inc., D.J. ref. 90-5-1-1-4458. In addition, interested parties may
request a public meeting in the affected area in accordance with
Section 7003(d) of RCRA, 42 U.S.C. 6973(d).
The proposed Consent Decrees may be examined at the Office of the
United States Attorney for the Eastern District of Texas, Sherman
Division, 660 North Central Expressway, Suite 400, Plano, Texas 75704;
the Office of the City Manager, City of McKinney, 222 E. Tennessee,
McKinney, Texas 75070; and at the Consent Decree Library, 1120 G
Street, N.W., 4th Floor, Washington, D.C. 20005. A copy of the proposed
Consent Decrees may be obtained in person or by mail from the Consent
Decree Library, 1120 G Street, N.W., Washington, D.C. 20005. In
requesting a copy of these Decrees, Please enclose a check to cover the
$.25 per page reproduction costs. A check in the amount of $11.50 is
required if requesting a copy of the City of McKinney Decree. A check
in the amount of $4.75 is required if requesting a copy of the McKinney
Smelting, Inc. Decree. Make checks payable to: Consent Decree Library.
Joel Gross,
Chief, Environmental Enforcement Section, Environment & Natural
Resources Division.
[FR Doc. 98-20400 Filed 7-29-98; 8:45 am]
BILLING CODE 4410-15-M
