97-21473. Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended  

  • [Federal Register Volume 62, Number 159 (Monday, August 18, 1997)]
    [Notices]
    [Pages 44017-44018]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-21473]
    
    
    -----------------------------------------------------------------------
    
    DEPARTMENT OF JUSTICE
    
    
    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 proposed Consent Decrees in United States v. Mary Ruth Smith, et 
    al., Civil Action No. C90-0232-L(R), were lodged on August 5, 1997, 
    with the United States District Court for the Western District of 
    Kentucky.
        This case concerns the Smith Farm Superfund Site, located in Bullit 
    County, in Kentucky (the ``Site''). The Environmental Protection Agency 
    (``EPA'') divided the Site into two Operable Units (``OUs'') to 
    simplify the remediation at both an unpermitted disposal area (OU 1) 
    and a former landfill disposal area (OU 2). EPA issued a Record of 
    Decision (``ROD'') for OU 1 on September 29, 1989, and amended the ROD 
    on September 30, 1991. EPA issued the ROD for OU 2 on September 17, 
    1993. The selected remedy at the Site for both OUs is the installation 
    of a landfill cap and a leachate collection system. EPA estimates the 
    remedy to cost approximately $38 million. The United States has 
    incurred approximately $5 million in past response costs. EPA estimates 
    that the total Site costs are $43 million.
        Under the decrees, Ford Motor Company agrees to undertake all 
    remedial work necessary at the Site, while ultimately being responsible 
    for 54.5% of the actual Site costs, and nine other major parties (Akzo 
    Nobel Coatings, Inc.; The B.F. Goodrich Company; General Electric 
    Company; Hoechst Celanese Corporation; Jim Beam Brands Company; 
    Navistar International Transportation Corporation; Rohm and Haas 
    Kentucky Incorporated; Safety Kleen Envirosystems Company; and Waste 
    Management of Kentucky, LLC.) agree to a ``cashout'' settlement 
    representing 41% of the $43 million estimated overall Site response 
    costs and fund or perform 41% of any future work.
        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
    
    [[Page 44018]]
    
    Natural Resources Division, Department of Justice, Washington, D.C. 
    20530, and should refer to United States v. Mary Ruth Smith, et al., 
    DOJ Ref. #90-11-3-549.
        The United States filed a complaint in this matter in March 1990, 
    pursuant to Sections 106 and 107 of the Comprehensive Environmental 
    Response, Compensation, and Liability Act (``CERCLA''), 42 U.S.C. 9606 
    and 9607, to recover past and future response costs incurred and to be 
    incurred by the United States with respect to the Site, and injunctive 
    relief for the Site.
        The proposed Consent Decrees may be examined at the office of the 
    United States Attorney, Western District of Kentucky, 510 West 
    Broadway, Louisville, KY 40202; the Office of the United States 
    Environmental Protection Agency, Region 4, 61 Forysth Street, S.W., 
    Atlanta, Georgia, 30303; and at the Consent Decree Library, 1120 G 
    Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. Copies 
    of the proposed Consent Decrees 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 of the Consent Decree with 
    Ford Motor Company, please refer to the referenced case and enclose a 
    check in the amount of $190.50 (25 cents per page reproduction costs), 
    payable to the Consent Decree Library for a copy of the Consent Decree 
    with Ford Motor Company with its attachments or a check in the amount 
    of $17.75, for a copy of that proposed Consent Decree without its 
    attachments. In requesting a copy of the Consent Decree with the nine 
    other parties (Akzo Nobel Coatings, Inc.; The B.F. Goodrich Company; 
    General Electric Company; Hoechst Celanese Corporation; Jim Beam Brands 
    Company; Navistar International Transportation Corporation; Rohm and 
    Haas Kentucky Incorporated; Safety Kleen Envirosystems Company; and 
    Waste Management of Kentucky, LLC.), please refer to the referenced 
    case and enclose a check in the amount of $9.00 (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 
    $8.25, for a copy of that proposed Consent Decree without its 
    attachments.
    Joel M. Gross,
    Chief, Environmental Enforcement Section, Environment and Natural 
    Resources Division.
    [FR Doc. 97-21473 Filed 8-15-97; 8:45 am]
    BILLING CODE 4410-15-M
    
    
    

Document Information

Published:
08/18/1997
Department:
Justice Department
Entry Type:
Notice
Document Number:
97-21473
Pages:
44017-44018 (2 pages)
PDF File:
97-21473.pdf