03-15443. 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 6, 2003, a proposed consent decree in United States v. E.I. DuPont de Nemours & Co., Civ. Action No. 1:03CV142, was lodged with the United States District Court for the Northern District of West Virginia.

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 Spelter Zinc Site (“Site”) in Spelter, West Virginia. The decree will require defendants to pay $418,464.17 in partial reimbursement of the United States' past response costs and $75,041.45 in reimbursement of the State of West Virginia's past response costs.

The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to United States v. E.I. DuPont de Nemours & Co., D.J. Ref. No. 90-1-11-07642.

The proposed consent decree may be examined at the Office of the United States Attorney, Horne Building, 1100 Main Street, Suite 200, Wheeling, WV 26003, and at U.S. EPA Region III, 1650 Arch Street, Philadelphia, Pa 19103. During the public comment period, the proposed consent decree, may also be examined on the following Department of Justice website, http://www.usdoj.gov/​enrd/​open.html. A copy of the proposed consent decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ([e-mail]), fax no. [phone], phone confirmation number [phone]. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $9.00 (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, Environmental and Natural Resources Division.