Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environment Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environment Response, Compensation, and Liability Act

Notice is hereby given that a proposed Stipulation and Order of

Settlement and Dismissal (``Stipulation'') in Manville Corp. v. United

States, Civil Action No. 91 Civ. 6683 (RWS), was lodged on June 24,

1994 with the United States District Court for the Southern District of

New York. Under the Stipulation, Manville Corp. (``Manville'') agrees

to make cash payments totalling $1,670,869 to resolve its liability,

and those of certain related corporations, for response costs and, as

to certain of the sites, natural resource damages, under the

Comprehensive Environmental Response, Compensation, and Liability Act

(``CERCLA''), 42 U.S.C., Sec. 9601 et. seq., at the following sites:

the Commercial Oil Site in Oregon, Ohio; the Compass Industries Site in

Tulsa, Oklahoma; the Great Lakes Asphalt Site in Zionsville, Indiana;

the Lowry Landfill Site in Arapahoe County, Colorado; the Operating

Industries Site in Monterey Park, California; the Petrochem/Ecotek Site

in Salt Lake City, Utah; the Seymour Recycling Site in Seymour,

Indiana; the Yellow Water Road Site in Baldwin, Florida; the Coalinga

Site in Fresno County, California; the Union Chemical Site in South

Hope, Maine; the Roebling Steel Site in Florence Township, New Jersey;

and the Ellis Road Site in Jacksonville, Florida.

The Stipulation also provides that, notwithstanding the discharge

that Manville and related corporations received as a result of the

confirmation of plans of reorganization on December 22, 1986 in Chapter

11 bankruptcy proceedings, Manville will agree to make certain

payments, calculated pursuant to provisions and procedures set forth in

the Stipulation, to resolve any liabilities it may have under CERCLA

with respect to sites not owned or operated by Manville subsequent to

confirmation of the plans of reorganization, arising from certain

activities that Manville engaged in prior to the confirmation of the

plans of reorganization. In exchange, the United States agrees not to

pursue Manville with respect to such liabilities, except pursuant to

the procedures set forth in the Stipulation. With respect to sites

owned or operated by Manville subsequent to the confirmation of the

plans of reorganization, the Stipulation provides that any CERCLA

liability of Manville will be unaffected by the Chapter 11 bankruptcy

proceedings.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed Stipulation and Order of Settlement and Dismissal. 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 Manville Corp. v. United

States, 91 Civ. 6683 (RWS), DOJ Ref. No. 90-11-3-90D.

The proposed Stipulation and Order of Settlement and Dismissal may

be examined at the office of the United States Attorney, for the

Southern District of New York, 100 Church Street, New York, New York

10007; the Region II Office of the Environmental Protection Agency, 26

Federal Plaza, New York, New York 10278; and at the Consent Decree

Library, 1120 G Street, NW., 4th Floor, Washington, DC 20005, (202)

624-0892. A copy of the proposed Stipulation and Order of Settlement

and Dismissal 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 $13.00 (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. 94-17720 Filed 7-20-94; 8:45 am]

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