[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Notices]
[Pages 41077-41078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20197]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
Amended
In accordance with Departmental policy, 28 CFR 50.7 and pursuant to
section 122 of the Comprehensive Environmental Response, Compensation
and Liability Act (``CERCLA''), 42 U.S.C. 9622, notice is hereby given
that a proposed Consent Decree in United States v. Akzo Nobel Coatings,
Inc., et al, Civil Action No. 97-1565-CIV-T-24E, was lodged on June 20,
1997, with the United States District Court for the Middle District of
Florida, Tampa Division.
This case concerns the Bay Drums Superfund Site, located in north
central Hillsborough County, on State Road 574, in Tampa, Florida (the
``Site''). In 1986, the Peak Oil and Bay Drums Superfund Sites were
jointly placed on the national Priorities List as a result of the
release or threatened release of hazardous substances. Pursuant to
Sections 106 and 107 of the Comprehensive Environmental Response,
Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9606 and 9607,
the Complaint in this action seeks recovery of past and future costs
incurred and to be incurred by the United States with respect to the
Site, and injunctive relief for the Site, namely, implementation of the
source control remedy selected by EPA in Record of Decision (``ROD'')
for the Peak Oil/Bay Drums Operable Unit (``OU'') Three, dated March
31, 1993. The ROD provides for excavation of approximately 16,500 cubic
yards of contaminated soils and sediments at the Site, backfilling of
those excavated areas with clean fill, solidification and stabilization
of contaminated soils and sediments, disposal of the solidified
material above the water table, installation of a low permeability cap
over the solidified material, disposal of shingle debris. The Settling
Defendants and Settling Federal Agencies have agreed in the proposed
Consent Decree to perform the remedy selected by EPA for OU Three.
Settling Defendants have also agreed to pay the United States
$3,275,522.02 for past response costs incurred with respect to the
Site, and to reimburse future costs associated with implementation of
the Consent Decree.
The Consent Decree includes a covenant not to sue by the United
States under sections 106 and 107 of CERCLA and under Section 7003 of
the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 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, DC 20530, and should refer to United
States v. Akzo Nobel Coatings, Inc, et al., DOJ Ref.
90-11-2-897(D). Commenters may request an
opportunity for a public meeting in
[[Page 41078]]
the affected area, in accordance with Section 7003(d) RCRA.
The proposed Consent Decree may be examined at the office of the
United States Attorney, Middle District of Florida, 500 Zack St. Room
410, Tampa, Florida 33602; the Office of the United States
Environmental Protection Agency, Region 4, 100 Alabama Street, S.W.,
Atlanta, Georgia, 30303; and at 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 in person or by mail from
the Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington,
DC 20005. In requesting a copy, please refer to the referenced case and
enclose a check in the amount of $57.75 (25 cents per page reproduction
costs), payable to the Consent Decree Library for a copy of the Consent
Decree with attachments or a check in the amount of $43.00, for a copy
of the proposed Consent Decree without those attachments.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 97-20197 Filed 7-30-97; 8:45 am]
BILLING CODE 4410-15-M
