Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, as

Amended

In accordance with Departmental policy, 28 C.F.R. 50.7 and pursuant

to Section 122 of the Comprehensive Environmental Response,

Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9622, notice is

hereby given that a proposed Consent Decree in United States v. Reeves

Southeastern Corporation, Civil Action No. 94-1752-CIV-T-24A, was

lodged on November 2, 1994, with the United States District Court for

the Middle District of Florida, Tampa Division.

This case concerns the Reeves Southeastern Galvanizing (``SEG'')

facility and the Reeves Southeastern Wire (``SEW'') facility which are

located along the north and south sides of State Road 574 in Tampa,

and, together are known as the Reeves Southeastern Corporation

Superfund Site (the ``Site''). Pursuant to Sections 106 and 107 of the

Comprehensive Environmental Response, Compensation and Liability Act

(``CERCLA''), 42 U.S.C. 9606 and 9607, the Complaint in this action

seeks recovery of all past and future costs incurred and to be incurred

by the United States at the Site, and injunctive relief for the Site,

namely, implementation of remedies selected by EPA in Records of

Decision (``ROD'') for Operable Unit (``OU'') One, dated October 13,

1992, for OU two, dated September 9, 1993, and for OU three dated June

28, 1994. The ROD for OU One provides for excavation of contaminated

soils and sediments at the SEW and SEG facilities, backfilling of those

excavated areas with clean fill, solidification and stabilization of

contaminated soils and sediments, disposal of the solidified material

above the water table on the SEG facility and installation of a low

permeability cap over the solidified material. The ROD for OU Two

requires that the surficial aquifer be monitored for at least 2\1/2\

years after the source control measures required in the Operable Unit

One ROD have been completed. If, after 2\1/2\ years have expired,

levels of contaminants of concern in the surficial aquifer have not

been reduced to a pre-determined targeted level, the surficial aquifer

will have to be actively remediated through a pump and treat system. If

levels have attenuated to the target level, pump and treat will not be

required at that time; however, monitoring will continue. The ROD for

OU Three requires sampling and monitoring of the North Wetland.

Defendant Reeves (the ``Settling Defendant'') has agreed in the

proposed Consent Decree to pay the United States $297,759 for past

response costs incurred at the Site, as well as all future costs of

overseeing the implementation of the Remedial Actions of OU One, Two

and Three. The Settling Defendant has also agreed to implement the

remedy selected by EPA for 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. Reeves Southeastern Corporation, DOJ Ref. #90-11-2-

897C.

The proposed Consent Decree may be examined at the office of the

United States Attorney, Middle District of Florida, 500 Zack St. Room

410, Tampa, Florida 33602; the Office of the United States

Environmental Protection Agency, Region IV, 345 Courtland Street, N.E.,

Atlanta, Georgia; 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 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 $30.00 (25 cents

per page reproduction costs), payable to the Consent Decree Library for

a copy of the Consent Decree with attachments or a check in the amount

of $21.25, for a copy of the proposed Consent Decree without those

attachments.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 94-31113 Filed 12-16-94; 8:45 am]

BILLING CODE 4410-01-M