Notice of Lodging of Consent Decree and Bankruptcy Stipulation Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, (``CERCLA'')

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree and Bankruptcy Stipulation

Pursuant to the Comprehensive Environmental Response, Compensation and

Liability Act, (``CERCLA'')

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.

Sec. 9622(d)(2), notice is hereby given that a proposed consent decree

in United States v. Agrico Chemical Co., Inc. et al, Civil Action No.

94-40462 (E.D. Mich.), was lodged on November 30, 1994 with the United

States District Court for the Eastern District of Michigan and a

proposed Stipulation in In re: Bond Corporation North America, et al

Case No. 91 B 10326 (FGC), was lodged on December 2, 1994 with the

United States Bankruptcy Court for the Southern District of New York.

The Consent Decree and the Stipulation together resolve claims of

the United States under Sections 106 and 107 of the Comprehensive

Environmental Response, Compensation and Liability Act of 1980 , 42

U.S.C. Secs. 9606 and 9607, as amended (``CERCLA''), against fourteen

corporations that have been identified as potentially responsible

parties (``PRPs'') in connection with the hazardous waste site known as

the Forest Waste Products site, in Forest Township, Genesee County,

Michigan (the ``Site'').

The proposed decree requires thirteen ``Settling Defendants'' to

undertake the design and implementation of the final and remaining

portion of EPA's selected remedy for the Site, as set forth in a Record

of Decision dated March 31, 1988, as amended by an Explanation of

Significant Differences, signed by U.S. EPA May 4, 1993. Previous

remedial actions have been undertaken at the Site pursuant to an

Administrative Order on Consent, signed by U.S. EPA on August 23, 1993.

In addition, under the proposed Consent Decree, in conjunction with

the bankruptcy Stipulation, the United States will recover a total of

$5 million in past removal, investigative, administrative, and

enforcement costs (``Past Response Costs'') incurred by the United

States through March 31, 1993 in connection with the Site. The proposed

Consent Decree also provides for reimbursement of any future response

costs, including overseeing the remedial action work that is being

undertaken by the defendants, incurred by the United States in

connection with the 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 Assistant

Attorney General, Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. Agrico Chemical Co., Inc., et al, D.J. reference # 90-

11-2-306C.

The proposed Consent Decree and Bankruptcy Stipulation may be

examined at the Office of the United States Attorney for the Eastern

District of Michigan, Southern Division, 210 Federal Building, 600

Church Street, Flint, Michigan 48502; the Office of the United States

Attorney for the Southern District of New York, 100 Church Street, New

York, New York, 10007; the Region V Office of the Environmental

Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois; and at

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

DC 20004, (202) 624-0892. A copy of the proposed consent decree and

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

Decree Library. In requesting a copy, please enclose a check in the

amount of $30.05 (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. 94-30829 Filed 12-14-94; 8:45 am]

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