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 CFR 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. Agrico Chemical

Company, at al., Civil Action No. 93-23-C, was lodged on February 15,

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

Florida, Pensacola Division.

This case concerns a former fertilizer manufacturing facility at

the intersection of Interstate 110 and Fairfield Drive in Pensacola,

Florida, known as the Agrico Chemical Company 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 the remedy selected by EPA in a Record of Decision

(``ROD'') dated September 29, 1992. The ROD provides for remediation of

contaminated sludge and soils for Operable Unit 1 (``OU1'') at the

Site.

Defendants Agrico Chemical Company, a division of Freeport-MacMoRan

Resource Partners Limited Partnership, and Conoco, Inc., a wholly owned

subsidiary of E.I. Du Pont de Nemours and Company, Inc., (collectively,

the ``Settling Defendants'') have agreed in the proposed Consent Decree

to pay the United States $232,907.22 for past response costs incurred

at the Site, as well as all future costs of overseeing the

implementation of the Remedial Action of OU1. The Settling Defendants

have also agreed to implement the remedy selected by EPA for the Site.

The cost of the selected remedy is approximately $10,700,000.

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. Agrico Chemical Company, at al., DOJ Ref. #90-11-2-863.

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

United States Attorney, Northern District of Florida, 114 East Gregory

Street, Pensacola, Florida; the Office of the United States

Environmental Protection Agency, Region IV, 345 Courtland Street, NE.,

Atlanta, Georgia; and at 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. In requesting a copy, please refer to the referenced case and

enclose a check in the amount of $43.00 (25 cents per page reproduction

costs), payable to the Consent Decree Library for a copy of the Consent

Decree with attachments (ROD, Statement of Work and Site map) or a

check in the amount of $19.25, a copy of the proposed Consent Decree

without those attachments.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-5197 Filed 3-7-94; 8:45 am]

BILLING CODE 4410-01-M