02-16782. Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation and Liability Act

Under 28 CFR 50.7, notice is hereby given that on June 24, 2002, a proposed consent decree in United States v. Pennsylvania Industrial Development Authority, et al., Civ. Action No. 02-4038, was lodged with the United States District Court for the Eastern District of Pennsylvania.

In this action the United States is seeking response costs pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. 9601 et seq., in connection with the Franklin Smelting Site (“Site”) in Philadelphia, Pennsylvania. The decree will require defendants to pay $5,000 in partial reimbursement of the United States' past response costs.

The Department of Justice will receive comments relating to the proposed consent decree for a period of thirty (30) days from the date of this publication. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and transmitted by one of the following methods: (1) via U.S. Mail to PO Box 7611, U.S. Department of Justice, Washington, DC 20044-7611; (2) by facsimile to [phone]; and/or (3) by overnight delivery, other than through the U.S. Postal Service, c/o Chief, Environmental Enforcement Section, 1425 New York Avenue, NW., 13th Floor, Washington DC 20005. Each communication should reference United States v. Pennsylvania Industrial Development Authority, et al., D.J. Ref. No. 90-11-2-07622/1.

The proposed consent decree may be examined at the Office of the United States Attorney, 615 Chestnut St, Ste 1250, Philadelphia, PA 19106, and at U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19013. A copy of the proposed consent decree may also be obtained by mail from the Consent Decree Library, PO Box 7611, U.S. Department of Justice, Washington, DC 20044-7611. When requesting a copy, please enclose a check in the amount of $4.75 (25 cents per page reproduction cost) payable to the U.S. Treasury. Exhibits to the consent decree may be obtained for an additional charge.

Robert Brook,

Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.