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 Section 122(d)(2) of the Comprehensive

Environmental Response, Compensation and Liability Act (``CERCLA''), 42

U.S.C. 9622(d)(2), and Departmental policy, 28 CFR 50.7, notice is

hereby given that on November 28, 1995, a proposed consent decree in

United States v. County of Milwaukee, Wisconsin, Civil Action No. 95-C-

1210, was lodged with the United States District Court of the Eastern

District of Wisconsin. This consent decree represents a settlement of

claims brought against Milwaukee County under CERCLA Sections 106 and

107, 42 U.S.C. 9606 and 9607, for the recovery of costs incurred and to

be incurred by the United States in responding to the release and

threatened release of hazardous substances at and from the Moss-

American Superfund Site in Milwaukee, Wisconsin.

Under the proposed settlement, Milwaukee County will be required

to: (1) Relinquish a potential takings claim; (2) withdraw a motion to

intervene that is pending before the Court; (3) withdraw its opposition

to entry of a proposed consent decree between the United States and

Kerr-McGee Chemical Co. (``Kerr-McGee'') that was lodged in 1991

(``Remedial Action Decree''), under which Kerr-McGee would be obligated

to perform the final remedial action for the Site, at a cost of $26

million, and pay $1 million of the United States' past costs of $1.8

million (as of January 31, 1991); and (4) grant the United States and

its assigns irrevocable access to the Moss-American Superfund Site.

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, Environment and Natural Resources Division, U.S.

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. County of Milwaukee, Wisconsin, D.J. Ref. 90-11-2-

590A.

The proposed Consent Decree may be examined at: (1) The Mill Road

Library, 6431 N. 76th St., Milwaukee, Wisconsin; (2) U.S. Environmental

Protection Agency, Region 5, 77 W. Jackson Blvd, Chicago, Illinois

60604 (contact Mr. Russell D. Hart (312-886-4844)); and (3) the U.S.

Department of Justice's Consent Decree Library, 1120 G Street, N.W.,

4th Floor, Washington, D.C. 20010, (202) 624-0892. A copy of the

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. 20010.

In requesting a copy, please enclose a check in the amount of $8.25

(consent decree only) or $46.75 (consent decree and appendices) (25

cents per page reproduction cost) payable to the Consent Decree

Library.

Joel M. Gross,

Chief, Environment Enforcement Section, Environmental and Natural

Resources Division.

FR Doc. 95-30631 Filed 12-15-95; 8:45 am]

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