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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comphrensive

Environmental Response, Compensation and Liability Act

Notice is hereby given that a proposed consent decree in United

States v. American Color & Chemical Corporation et al., Civil Action

No. 4: CV-92-1352, was lodged on November 30, 1995 in the United States

District Court for the Middle District of Pennsylvania. The consent

decree settles an action brought under the Comprehensive Environmental

Response, Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9606

et seq., against American Color & Chemical Corporation (``AC&C'') and

Beazer East, Inc. (``Beazer'') for reimbursement of response costs

incurred in connection with clean-up of the Drake Chemical Superfund

Site located in Lock Haven, Pennsylvania.

Under the proposed settlement, AC&C and Beazer agree to finance and

perform the groundwater cleanup for Drake Site. In addition, the

settling defendants will reimburse the United States and the

Commonwealth of Pennsylvania for past costs in the amounts of $3.6

million and $400,000, respectively. Additionally, the settling

defendants will co-ordinate the Drake Site groundwater cleanup with a

corrective action ongoing at the neighboring AC&C facility pursuant to

the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6901

et seq.

In consideration of settling defendants' groundwater remediation

and their reimbursement of $4 million in past costs incurred by the

United States and the Commonwealth, AC&C and Beazer will receive a

covenant not to sue under Sections 106 and 107(a) of CERCLA for the

Drake Site and for CERCLA Section 107 costs associated with RCRA

management at the AC&C facility. With respect to future liability for

the remedial action to be performed, the covenant not to sue for

Section 106 of CERCLA becomes effective upon certification of

completion of the remedial action by EPA. In addition, the covenants

not to sue are conditioned upon the complete and satisfactory

performance by each settling defendant of its obligations under the

Consent Decree.

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

[[Page 65067]]

Natural Resources Division, Department of Justice, Washington, D.C.

20530, and should refer to United States v. American Color & Chemical

Corporation et al., DOJ Ref. # 90-11-2-7.

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

United States Attorney, Middle District of Pennsylvania, 1162 Federal

Building, 228 Walnut Street Harrisburg, PA 17108; the Region III Office

of the Environmental Protection Agency, 841 Chestnut Building,

Philadelphia, Pennsylvania, 19107; and at the Consent Decree Library,

1120 G Street, N.W., 4th Floor, Washington, D.C. 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, N.W., 4th Floor,

Washington, D.C. 20005. In requesting a copy of the body of the

proposed decree, please refer to the referenced case and enclose a

check in the amount of $52.75 (25 cents per page reproduction costs),

for each copy. The check should be made payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 95-30629 Filed 12-15-95; 8:45 am]

BILLING CODE 4410-01-M