Lodging a Final Judgment by Consent Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act

DEPARTMENT OF JUSTICE

Lodging a Final Judgment by Consent Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act

Notice is hereby given that on December 30, 1993, a proposed

consent decree in United States v. Maryland Sand, Gravel and Stone, et

al., Civ. A. No. HAR-89-2869, was lodged with the United States

District Court for the District of Maryland.

The complaint filed by the United States in October 1989 seeks to

recover past, unreimbursed costs under Section 107 of the Comprehensive

Environmental Response, Compensation and Liability Act (``CERCLA''), 42

U.S.C. 9607, incurred by the United States in connection with response

actions taken at the Maryland Sand, Gravel and Stone Superfund Site

(``Site'') located in Elkton, Maryland. Maryland Sand, Gravel and Stone

Company, (``Maryland Sand Company'') the owner and operator of the

Site, was sued along with four other defendants. The proposed decree

represents a partial settlement of this case, resolving only the United

States' claims for past response costs against the Maryland Sand

Company.

Under this consent decree, the Maryland Sand Company will pay the

United States $25,000 in partial reimbursement of the United States'

unrecovered past response costs. The settlement is based on a

demonstration by Maryland Sand Company of its inability to reimburse

the United States for any additional response costs. Under the terms of

the decree, Maryland Sand Company will also provide the United States

and its representatives, including the United States Environmental

Protection Agency, access to the Site for purposes of conducting and

overseeing CERCLA response activities. The United States has

specifically reserved its right to seek further relief from Maryland

Sand Company on claims for future response costs, and for claims for

natural resource damages, criminal liability and other claims that are

outside of the scope of the complaint filed in this case.

The Department of Justice will receive comments relating to the

proposed consent decree for a period of thirty days from the date of

publication of this notice. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, Department of Justice, P.O. Box 7611, Ben Franklin Station,

Washington, DC 20044, and should refer to United States v. Maryland

Sand, Gravel and Stone, et al., DOJ Reference No. 90-11-2-225(A).

The proposed consent decree may be examined at the Office of the

United States Attorney for the District of Maryland, U.S. Courthouse,

101 Lombard Street, Baltimore, MD 21201; Regional III Office of the

Environmental Protection Agency, 841 Chestnut Street, Philadelphia,

PA.; and at the Consent Decree Library, 1120 ``G'' Street, NW., 4th

Floor, Washington, DC 20005, (202) 624-0892. A copy of the proposed

decree may be obtained in person or by mail from the Consent Decree

Library at the address listed above. In requesting a copy, please refer

to the referenced case and number, and enclose a check in the amount of

$4.50 (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. 94-1037 Filed 1-14-94; 8:45 am]

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