[Federal Register Volume 59, Number 162 (Tuesday, August 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20577]
[[Page Unknown]]
[Federal Register: August 23, 1994]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act
In accordance with Departmental policy, 28 CFR Sec. 50.7, notice is
hereby given that a proposed consent decree in United States v. AT&T,
et al., Civil Action No. 2:94CV00438, was lodged on August 3, 1994,
with the United States District Court for the Middle District of North
Carolina. This agreement resolves a judicial enforcement action brought
by the United States against the defendants pursuant to Sections 106
and 107 of the Comprehensive Environmental Response, Compensation, and
Liability Act, as amended by the Superfund Amendments and
Reauthorization Act of 1986, Pub. L. 99-499, 42 U.S.C. Secs. 9606 and
9607, for the cleanup of the Bypass 601 Superfund Site (``Site'') in
Cabarrus County, Concord, North Carolina, and for the recovery of
response costs incurred and to be incurred by the United States in
connection with the Site.
The consent decree requires the settling defendants to pay 100
percent of the past and future response costs which the United States
has incurred and will incur at the Site. The settling defendants have
also agreed under the decree to perform the final remedy for the Site
which EPA set forth in its Record of Decision dated April 20, 1993, and
which provides for excavation, treatment, and on-site disposal of
contaminated soils, and extraction and treatment of contaminated
groundwater across the Site.
The settling defendants have also covenanted not to sue other
potentially responsible parties who sent less than 320 pounds of lead-
bearing materials to the Site. The United States has agreed under this
Decree to provide up to $10.1 million in preauthorized mixed funding
pursuant to Section 122(b)(1) of CERCLA, 42 U.S.C. Sec. 9622(b)(1).
This Decree has been executed in conjunction with an Administrative
Order on Consent whereby a group of potentially responsible parties who
sent less than 40,000 pounds of lead-bearing materials to the Site will
each pay a portion of the past costs.
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. AT&T, et al., DOJ Ref. #90-11-3-1128.
The proposed consent decree may be examined at the Office of the
United States Attorney, 324 West Market Street, Greensboro, North
Carolina 27402; at the Region IV Office of the Environmental Protection
Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365; 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 $80.75 (25 cents per page reproduction costs), payable to the
Consent Decree Library.
John C. Cruden,
Chief, Environmental Enforcement Section, Environment and Natural
Resources Division.
[FR Doc. 94-20577 Filed 8-22-94; 8:45 am]
BILLING CODE 4410-01-M
