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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 C.F.R. Sec. 50.7 and 42

U.S.C. Sec. 9622(d)(2), notice is hereby given that a proposed consent

decree in United States v. City of Minot, North Dakota, Civil Action

No. A4-95-141, was lodged on October 26, 1995, with the United States

District of North Dakota, Northwestern Division. A complaint was also

filed on October 26, 1995. The State of North Dakota (``State'') is a

party to the Consent Decree.

The proposed consent decree requires the former Site operator, the

City of Minot Landfill Site (``Site'') located in Ward County, North

Dakota, as required by the Record of Decision signed by the U.S.

Environmental Protection Agency (``EPA'') on or about June 21, 1993,

including (a) implementing institutional controls to prohibit

construction on the landfill and the use of water beneath the landfill

or in the immediate vicinity of the landfill for drinking water

purposes; (b) extracting and treating landfill leachate in the City's

wastewater treatment facility; (c) consolidating contaminated soil in

the vicinity of leachate seeps under the landfill cap and to improve

the cap to limit precipitation infiltration and to control stormwater

runoff; (d) monitoring ground-water to detect future releases of

contaminants to the ground water; and (e) collecting and dispersing

landfill gas by using an active collection system and a tall stack; (2)

to pay the United States $100,000.00 in reimbursement of past and

future response costs; and (3) to pay, upon demand by the State after

the entry of the Consent Decree, those

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response costs incurred by the State in a manner not inconsistent with

the National Oil and Hazardous Substances Pollution Contingency Plan,

40 CFR Part 300, to conduct Site oversight. The North Dakota Department

of Health and EPA have agreed to share oversight of certain of the

City's work associated with the remedy.

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. City of Minot, North Dakota, DOJ Ref. #90-11-3-951.

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

United States Attorney, District of North Dakota, 219 Fed. Bldg. & U.S.

Cthse., 655 1st Ave. No., Fargo, North Dakota 58102; the Region VIII

Office of the Environmental Protection Agency, 999 18th Street--Suite

500, Denver, Colorado 80202; 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 of the proposed decree and attachments,

please refer to the referenced case and enclose a check in the amount

of $46.00 (25 cents per page reproduction costs), for each copy. The

check should be made payable to the Consent Decree Library.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-28762 Filed 11-24-95; 8:45 am]

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