Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Secs. 9601 et seq.

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act, 42 U.S.C.

Secs. 9601 et seq.

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

9622(d)(2), notice is hereby given that a second proposed consent

decree in United States v. Reilly Industries, Inc., Civil Action No.

IP-93-1045-C, was lodged on December 2, 1994, with the United States

District Court for the Southern District of Indiana.

The proposed Consent Decree concerns the Reilly Tar and Chemical

Superfund Site (``Site''), which is located on approximately 120 acres

at 1500 South Tibbs Avenue, in Indianapolis, Indiana. Pursuant to the

proposed consent decree and section 106 of the Comprehensive

Environmental Response, Compensation and Liability Act (``CERCLA''), 42

U.S.C. 9606, Reilly Industries will implement all Remedial Design and

Remedial Action activities needed to implement the Second Operable Unit

remedy at the Site. The remedy includes source control measures at five

specified ``hot spot'' locations at the Site, including excavation and

treatment and in situ solidification of contaminated materials. Reilly

Industries will also pay the United States for unreimbursed past costs

at the Site, pursuant to section 107(a) of CERCLA, 42 U.S.C. 9607(a),

in the amount of $227,000 and will pay all future response costs

incurred 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 for the Environment and Natural Resources Division,

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

United States v. Reilly Industries, Inc., DOJ Ref. #90-11-3-1236.

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

United States Attorney, United States Courthouse, 5th Floor, 46 East

Ohio Street, Indianapolis, Indiana 46204; the Region V Office of the

Environmental Protection Agency, 77 West Jackson Blvd., Chicago,

Illinois 60604; 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 $23.75 (25 cents per page

reproduction costs), payable to the Consent Decree Library.

Bruce Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-30885 Filed 12-15-94; 8:45 am]

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