Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'')

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Comprehensive

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

In accordance with Departmental policy, notice is hereby given that

a proposed settlement agreement and stipulated order with Lone Star

Industries, Inc. (``Lone Star'') in In re New York Trap Rock

Corporation, Lone Star Industries, Inc., et al., Debtors, and In re

Lone Star Industries, Inc., Debtor, Chapter 11, Case Nos. 90 B21276

(HS) to 90 B21286(HS), 90 B21334(HS) and 90 B21335(HS) (Jointly

Administered) and Case No. 90 B21277(HS), was lodged on July 11, 1994,

with the United States Bankruptcy Court for the Southern District of

New York. This proposed settlement agreement and stipulated order is a

settlement of claims filed by the United States on behalf of the

Environmental Protection Agency in the above proceeding pursuant to

section 107 of the Comprehensive Environmental Response, Compensation

and Liability Act (``CERCLA''), 42 U.S.C. 9607, for past and future

response costs at the Portland Cement Co. (Kiln Dust, #2 & #3)

Superfund Site in Salt Lake County, Utah, Kiln Dust sites 1 and 4, also

located in Salt Lake County, Utah, and site 5 located in Davis County,

Utah (collectively, the ``Sites''). The Sites were utilized for the

deposit of cement kiln dust, a by-product of cement manufacturing,

during the period from 1965 through 1983.

The proposed settlement agreement and stipulated order provides

that the United States, on behalf of the Environmental Protection

Agency shall be allowed a Class 4 general unsecured claim against Lone

Star in the amount of $16,292,490. In addition, the Department of

Interior, a natural resource trustee, shall be allowed a class 4

general unsecured claim in the amount of $200,000.

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 In re

New York Trap Rock Corporation, Lone Star Industries, Inc., et al.,

Debtors, and In re Lone Star Industries, Inc., Debtor, DOJ Ref. #90-11-

2-602A.

The proposed settlement agreement and stipulated order may be

examined at the Office of the United States Attorney for the District

of Utah, room 476, U.S. Courthouse, 350 South Main Street, Salt Lake

City, Utah 84101; the Region VIII Office of the Environmental

Protection Agency, 999 185h Street, suite 500, Denver, Colorado 80202;

and at the Consent Decree Library, 1120 G Street, NW., 4th Floor,

Washington, DC 20005, 202-624-0892. A copy of the proposed settlement

agreement and stipulated order 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 the amount of $8.50 (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. 94-17751 Filed 7-20-94; 8:45 am]

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