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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, as

Amended

Consistent with Departmental policy, 28 CFR 50.7 and Section 122 of

the Comprehensive Environmental Response, Compensation and Liability

Act (``CERCLA''), 42 U.S.C. Section 9622, notice is hereby given that a

proposed Consent Decree in United States v. Beazer East, Inc., Civ.

Act. No. 5:95-CV-62-BO(2), was lodged on January 26, 1995, with the

United States District Court for the Eastern District of North

Carolina, Western Division.

This case concerns the Koppers Co., Inc. (Morrisville Plant)

Superfund site, In Morrisville, Wake County, North Carolina (the

``Site''). Pursuant to Section 107 of CERCLA, 42 U.S.C. Section 9607,

the Complaint in this action seeks recovery of all response costs

incurred in response to the release or threatened release of hazardous

substances at the Site.

Defendant Beazer East, Inc., (the ``Settling Defendant'') has

agreed in the proposed Consent Decree to pay the United States

$1,023,475.15 to reimburse response costs incurred by the United States

with respect to the Site prior to March 5, 1994.

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 [[Page 8736]] General for the Environment and Natural

Resources Division, Department of Justice, Washington, D.C. 20530, and

should refer to United States v. Beazer East, Inc., DOJ Ref. #90-11-3-

1108.

The proposed Consent Decree may be examined at the office of the

United States Attorney, Eastern District of North Carolina, Western

Division, 310 New Bern Avenue, Suite 800, Federal Building, Raleigh,

North Carolina, 27601-1461; the Office of the United States

Environmental Protection Agency, Region IV, 345 Courtland Street, N.E.,

Atlanta, Georgia; 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, please refer to the referenced case

and enclose a check in the amount of $4.00 (25 cents per page

reproduction costs), payable to the Consent Decree Library for a copy

of the Consent Decree.

Bruce S. Gelber,

Acting Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 95-3720 Filed 2-14-95; 8:45 am]

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