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

[Federal Register Volume 60, Number 81 (Thursday, April 27, 1995)]

[Unknown Section]

[Page 20760]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 95-10313]

[[Page 20760]]

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act of 1980

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

Sec. 9622(d)(2), notice is hereby given that on April 17, 1995, a

Consent Decree in United States v. Hercules, et al., Civil Action No.

89-562-SLR, was lodged with the United States District Court for the

District of Delaware and the United States Bankruptcy Court for the

District of Delaware.

The United States, on behalf of the U.S. Environmental Protection

Agency, filed a third amended complaint against the thirty-one

defendants who are signatories to the Consent Decree under Section 106

and 107 of the Comprehensive Environmental Response, Compensation and

Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. Secs. 9606

and 9607, with respect to the Delaware Sand & Gravel Superfund Site

(``DS&G Site'') located in New Castle County, Delaware. Under the

Consent Decree, Defendants have agreed to perform the remedy selected

by EPA under CERCLA for the Site, as defined in the Consent Decree,

which involves soil vapor extraction/bioremediation of contaminated

soils at the DS&G Site. Defendants have also agreed to reimburse DPA

for past response costs in the amount of $4,328,335.35 and the state of

Delaware in the amount of $196,644.45, and reimburse the United States

for various future response costs, including the costs of oversight of

the remedial action to be performed under the Consent Decree and all

costs of enforcement by the Department of Justice after April 1988.

The Department of Justice will receive comments relating to the

proposed Consent Decree for a period of thirty days from the date of

publication of this notice. 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. Hercules, et al., Civil Action No. 89-562-SLR, Ref.

No. 90-11-2-298. The proposed Consent Decree may be examined at the

office of the United States Attorney, District of Delaware, Chemical

Bank Plaza, 1201 Market Street, Suite 100, Wilmington, Delaware 19899.

Copies of the Consent Decree may also be examined and obtained by mail

at the Consent Decree Library, 1120 G Street, N.W., 4th Floor,

Washington, D.C. 20005 (202-624-0892) and the offices of the

Environmental Protection Agency, Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107. When requesting a copy of the

settlement agreement by mail, please enclose a check in the amount of

$33.00 (twenty-five cents per page reproduction costs) payable to the

``Consent Decree Library.''

Joel Gross,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-10313 Filed 4-26-95; 8:45 am]

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