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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act

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

hereby given that a proposed consent decree in United States v. AT&T,

et al., Civil Action No. 2:94CV00438, was lodged on August 3, 1994,

with the United States District Court for the Middle District of North

Carolina. This agreement resolves a judicial enforcement action brought

by the United States against the defendants pursuant to Sections 106

and 107 of the Comprehensive Environmental Response, Compensation, and

Liability Act, as amended by the Superfund Amendments and

Reauthorization Act of 1986, Pub. L. 99-499, 42 U.S.C. Secs. 9606 and

9607, for the cleanup of the Bypass 601 Superfund Site (``Site'') in

Cabarrus County, Concord, North Carolina, and for the recovery of

response costs incurred and to be incurred by the United States in

connection with the Site.

The consent decree requires the settling defendants to pay 100

percent of the past and future response costs which the United States

has incurred and will incur at the Site. The settling defendants have

also agreed under the decree to perform the final remedy for the Site

which EPA set forth in its Record of Decision dated April 20, 1993, and

which provides for excavation, treatment, and on-site disposal of

contaminated soils, and extraction and treatment of contaminated

groundwater across the Site.

The settling defendants have also covenanted not to sue other

potentially responsible parties who sent less than 320 pounds of lead-

bearing materials to the Site. The United States has agreed under this

Decree to provide up to $10.1 million in preauthorized mixed funding

pursuant to Section 122(b)(1) of CERCLA, 42 U.S.C. Sec. 9622(b)(1).

This Decree has been executed in conjunction with an Administrative

Order on Consent whereby a group of potentially responsible parties who

sent less than 40,000 pounds of lead-bearing materials to the Site will

each pay a portion of the past costs.

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 United

States v. AT&T, et al., DOJ Ref. #90-11-3-1128.

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

United States Attorney, 324 West Market Street, Greensboro, North

Carolina 27402; at the Region IV Office of the Environmental Protection

Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365; and at the

Consent Decree Library, 1120 G Street, NW., 4th Floor, Washington, DC

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, NW., 4th Floor, Washington, DC 20005. In requesting a copy,

please refer to the referenced case and enclose a check in the amount

of $80.75 (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. 94-20577 Filed 8-22-94; 8:45 am]

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