Notice of Lodging of Consent Decrees Under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as Amended

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Under the Comprehensive

Environmental Response, Compensation and Liability Act of 1980, as

Amended

Notice is hereby given that two consent decrees in United States v.

U.S. Ecology, Inc., et al., Civ. Act. No. 95-58, were lodged with the

United States District Court for the Eastern District of Kentucky on

June 5, 1995. These consent decrees resolve claims by and against the

United States arising under Sections 106 and 107 of the Comprehensive

Environmental Response, Compensation and Liability Act of 1980, as

amended, 42 U.S.C. 9606 and 9607, relating to the release and

threatened release of hazardous substances at the Maxey Flats Disposal

Site (the ``Site'') in Fleming County, Kentucky. The United States

filed a complaint against the settling private parties and settling

state parties simultaneously with the lodging of the consent decrees.

One consent decree, called the ``De Maximus Consent Decree,''

provides for the design and implementation of a remedy for the Site

selected in 1991 by the United States Environmental Protection Agency

(``EPA'') and for the reimbursement of $5.313 million in response costs

incurred by EPA. Generally, the remedy requires the removal of leachate

from the disposal trenches, the installation of a cap to prevent water

from infiltrating the disposal trenches, and continual maintenance and

supervision to ensure the safety of the site. The parties to the De

Maximus Consent Decree are the United States, including EPA, the United

States Air Force, the United States Army, the United States Navy, the

United States Department of Defense, the United States Department of

Energy, the National Institute of Health, and NASA; the Commonwealth of

Kentucky; and forty three private parties.

The second consent decree, called the ``De Minimis Consent

Decree,'' provides for the reimbursement of costs incurred by the

United States and certain private parties in responding to the release

and threatened release of hazardous substances at the Site. The parties

to the De Minimis Consent Decree are the United States, including EPA,

the Department of the Interior, the National Institute of Mental

Health, the National Institute for Standards & Testing, NIOSH,

Smithsonian Institute, U.S. Bureau of Mines, U.S. Department of

Agriculture, U.S. Food & Drug Administration, U.S. Geological Survey,

U.S. Public Health Service, and the Veterans Administration Hospital;

and 391 private and state entities.

The Department of Justice will receive comments relating to the

proposed consent decrees for a period of 30 days from the date of this

publication. Comments should be addressed to the Assistant Attorney

General of the Environment and Natural Resources Division, Department

of Justice, 10th and Pennsylvania Avenue, N.W., Washington, D.C. 20530.

All comments should refer to United States v. U.S. Ecology, Inc., et

al., DOJ Ref. Nos. 90-11-2-211A and 90-11-3-195.

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

United States Attorney, 513 Madison Avenue, Covington, Kentucky 41011.

A copy of the proposed consent decrees may be obtained in person or by

mail from the Consent Decree Library, 1120 ``G'' Street, N.W., 4th

Floor, Washington, D.C. 20005. When requesting a copy of the De Maximus

Consent Decree, please refer to the referenced case and enclose a check

in the amount of $237.50 (25 cents per page copying cost), payable to

the Consent Decree Library. When requesting a copy of the De Minimis

Consent Decree, please refer to the referenced case and enclose a check

in the amount of $101.00 (25 cents per page copying cost).

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-17655 Filed 7-18-95; 8:45 am]

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