Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act; Terry Shaner, et al.

Federal RegisterOct 14, 1994

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DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act; Terry Shaner,

et al.

In accordance with Department Policy, 28 CFR 50.7, notice is hereby

given that two proposed consent decrees in United States v. Terry

Shaner, et al., Civil Action No. 85-1372, were lodged on September 28,

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

Pennsylvania. An amended complaint was filed simultaneously with the

lodging of the two Consent Decrees.

The first of the two proposed consent decrees requires the ten

Settling Defendants to pay the United States $547,304.44, which equals

100% of their volumetric share of past response costs, 100% of their

share of estimated future response costs at the Site, and a 100%

premium on future response costs. In the second of the two proposed

consent decrees, the Settling Defendant cashes out for $7,000.00 based

on the U.S. Environmental Protection Agency's financial analyst's

review of extensive financial information and determination that the

Settling Defendant was unable to pay its full volumetric share of the

de minimis settlements described in the decrees.

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 decrees. 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. Terry Shaner, et al., DOJ Ref. #90-11-3-76.

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

United States Attorney, Eastern District of Pennsylvania, 615 Chestnut

Street, Suite 1250, Philadelphia, Pennsylvania, 19106-4476; the Region

III Office of the Environmental Protection Agency, 841 Chestnut

Building, Philadelphia, Pennsylvania, 19107; and at the Consent Decree

Library, 1120 G Street NW., 4th Floor, Washington, DC 20005, (202) 624-

0892. A copy of either of the proposed consent decrees 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 of either or

both of the proposed decrees, please refer to the referenced case, the

specific decree requested, either the de minimis decree signed by ten

defendants or the inability to pay decree signed by one defendant and

enclose a check in the amount of $7.25 for the de minimis decree signed

by ten defendants and/or in the amount of $5.50 for the inability to

pay decree signed by one defendant (25 cents per page reproduction

costs), payable to the Consent Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-25473 Filed 10-13-94; 8:45 am]

BILLING CODE 4410-01-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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