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

DEPARTMENT OF JUSTICE

Notice of Lodging a Final Judgment by Consent Pursuant to the

Comprehensive Environmental Response, Compensation and Liability Act

Notice is hereby given that on July 8, 1994, proposed consent

decrees in United States v. Shaffer Equipment Company, et al., Civ. A.

No. 92-2024, were lodged with the United States District Court for the

Southern District of West Virginia.

The complaint filed by the United States seeks to recover response

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

Shaffer Equipment Superfund Site (``Site'') located in Mindon, West

Virginia. The proposed decree with Anna Shaffer and Shaffer Equipment

Company resolves the claims of the United States against those

defendants for response costs incurred at the site up to December 22,

1993 for a payment by those defendants of $600,000 to the United

States. The consent decree with Berwind Land Company resolves claims

against Berwind Land Company for past and future response costs

incurred and to be incurred at the site for a payment by Berwind Land

Company of $75,000 to the United States. Shaffer Equipment Company and

Berwind Land Company agree in the consent decrees to provide access to

the United States to their property at the site for any future response

actions. The consent decree with Johns Hopkins University resolves

claims against Johns Hopkins University for past and future response

costs incurred and to be incurred at the Site for a payment by Johns

Hopkins University of $50,000 to the United States.

The Department of Justice will receive comments relating to the

proposed consent decrees 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. Shaffer

Equipment Company, et al., DOJ Reference No. 90-11-2-649.

The proposed consent decrees may be examined: at the Office of the

United States Attorney for the Southern District of West Virginia, U.S.

Courthouse, 500 Quarrier Street, Charleston, West Virginia; at the

United States 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. Copies of

the proposed decrees 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 $6.25 for the Anna Shaffer and Shaffer Equipment

Company consent decree, $6.25 for the Berwind Land Company consent

decree, and $5.00 for the Johns Hopkins University consent decree (25

cents per page reproduction costs), payable to the Consent Decree

Library.

Bruce S. Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-17753 Filed 7-20-94; 8:45 am]

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