Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response Compensation and Liability Act and the Resource

Conservation and Recovery Act

In accordance with Department policy, 28 CFR Sec. 50.7, and with

Section 122(d)(2) of the Comprehensive Environmental Response,

Compensation, and Liability Act (CERCLA), 42 U.S.C. 9622(d)(2), notice

is hereby given that on November 21, 1994 the United States filed a

complaint and lodged with the United States District Court for the

Western District of New York a proposed consent decree in United States

v. Booth Oil Co., Inc., Civil Action No. 94-CV-0849A(M). The proposed

consent decree involves the cleanup and reimbursement of response costs

in connection with the Niagara County Refuse Superfund Site in Niagara

County, New York. This settlement is between the United States and

twelve potentially responsible parties (``the Settling Defendants'').

The agreement requires the Settling Defendants to undertake certain

remedial work relating to contamination at the Site, as set forth in

EPA's September 1993 Record of Decision for the Site. The settlement

also requires the Settling Defendants to pay more than $72,000 of EPA's

past response costs and all future response costs incurred by the

United States in connection with the performance of this remedial work.

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. Booth Oil Co., Inc., DOJ Ref. # 90-11-2-948.

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

United States Attorney, 138 Delaware Ave., Buffalo, NY 14202; the

Region II Office of the Environmental Protection Agency, 26 Federal

Plaza, New York, NY 10278; and 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. To request a copy, please refer to the referenced case and

enclose a check in the amount of $52.00 (25 cents per page for

reproduction costs), payable to the Consent Decree Library.

Joel Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-29873 Filed 12-5-94; 8:45 am]

BILLING CODE 4410-01-M