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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Resource

Conservation Act and the Comprehensive Environmental Response,

Compensation, and Liability Act

In accordance with Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed consent decree in United States v.

Environmental Pacific Corp., Civil Action No. 91-771-AS was lodged on

December 17, 1993, with the United States District Court for the

District of Oregon. The Consent Decree settles all claims with the two

defendants, Environmental Pacific Corporation (EPC) and Richard Hill.

The original complaint in this action was brought against EPC

pursuant to Section 3008(h) of the Resource Conservation and Recovery

Act (RCRA), 42 U.S.C. 6928(h), seeking an order that EPC perform

corrective action at its facility in Amity, Oregon to clean up

hazardous constituents that had been released into the environment. EPC

operated a hazardous waste treatment, storage or disposal facility in

Amity, where EPC handled primarily spent batteries, electroplating

wastewater treatment sludge, and other allegedly recyclable materials

containing plastics and metals.

In an amended complaint, the United States added claims against EPC

and Richard Hill, the President of EPC while the company was in

operation, pursuant to 40 CFR 268.50 for improper storage of F006

electroplating wastes and mercury, which are wastes restricted from

land disposal under RCRA. The amended complaint also included a claim

against Richard Hill under section 104(e) of the Comprehensive

Environmental Response, Compensation, and Liability Act, as amended

(CERCLA), 42 U.S.C. 9604(e), for failure to timely respond to

information requests that EPA had sent to Mr. Hill.

As set forth in the consent decree, Settling Defendants shall pay

$113,055.30 towards past response costs incurred during a removal

action performed by EPA pursuant to its authority under section 104 of

CERCLA, 42 U.S.C. 9604, at the EPC facility. Settling Defendants shall

also pay $60,163.00 which will be used for performing sampling and

analysis and groundwater monitoring outside of the boundaries of the

EPC facility.

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. Environmental Pacific Corp., DOJ Ref. #90-7-1-608.

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

United States Attorney, 312 U.S. Courthouse, 620 SW Main Street,

Portland, Oregon 97205; the Region 10 Office of EPA, 7th Floor Records

Center, 1200 Sixth Avenue, Seattle, WA 98101; 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 $6.75 (25

cents per page reproduction costs), payable to the Consent Decree

Library.

John C. Cruden,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 94-83 Filed 1-3-94; 8:45 am]

BILLING CODE 4410-01-M