Lodging of Joint Stipulation and Order of Dismissal Pursuant to the Clean Water Act

DEPARTMENT OF JUSTICE

Lodging of Joint Stipulation and Order of Dismissal Pursuant to

the Clean Water Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree Among the United States,

the State of Texas, Settling Defendants, Settling Federal Agencies, and

Settling State Agencies in United States of America v. David Bowen

Wallace, et al., Civil Action No. 3-93CV0838-P (consolidated with No.

C:93-CV-0841-G) was lodged on August 1, 1994 with the United States

District Court for the Northern District of Texas, Dallas Division.

On April 30, 1993, the United States and the State of Texas filed a

Complaint pursuant to Section 107 of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9607, as

amended (``CERCLA'') for reimbursement of response costs incurred and

to be incurred by the United States for response actions related to the

release or threatened release of hazardous substances at the Bio-

Ecology Superfund Site in Grand Prairie, Texas. Subsequently, the

United States, the State of Texas, Settling Defendants, Settling

Federal Agencies, and Settling State Agencies reached a settlement

which resolves many of the issues set forth in the Complaint. Under the

Consent Decree, the Settling Defendants shall pay $4,025,433 to the

United States, and Settling State Agencies shall pay $7,500 to the

United States. The Settling Federal Defendants shall cause to be

transferred $4,312,353 to the EPA Hazardous Substances Superfund as

reimbursement of EPA past response costs. This amount shall be subject

to a credit of and reduced by $3,176,032, which represents the amount

already paid by the Settling Federal Agencies toward remediation at the

Bio-Ecology Site.

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 Acting

Assistant Attorney General for the Environment and Natural Resources

Division, Department of Justice, Washington, D.C. 20530, and should

refer to United States of America v. David Bowen Wallace et al., DOJ

Ref. No. 90-11-3-204A.

The proposed Consent Decree may be examined at the office of the

United States Attorney, United States Courthouse, 1100 Commerce Street,

Room 16G28, Dallas, Texas 75242; the Region VI Office of the

Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202;

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

Washington, D.C. 20005, (202) 624-0892. A copy of the proposed Consent

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

Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. In

requesting a copy please refer to the referenced case and enclose a

check in the amount of $27.75 (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. 94-19571 Filed 8-10-94; 8:45 am]

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