Lodging of Consent Decree Pursuant to the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Lodging of Consent Decree Pursuant to the Resource Conservation

and Recovery Act

In accordance with Departmental policy, notice is hereby given that

a proposed consent decree in United States v. Adflex Corporation, et

al., Civ. No. 95-CV-0012, was lodged on January 6, 1995, in the United

States District Court for the Western District of New York. The consent

decree settles an action commenced in a complaint filed January 6,

1995, under section 107(a) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42

U.S.C. 9607(a). The Complaint seeks recovery of response costs incurred

by EPA in performing a removal action at the Envirotek I Superfund Site

(the ``Site''), located at 153 Fillmore Avenue, Tonawanda, New York.

The Site was formerly a paint and asphalt manufacturing facility and

consists of twelve buildings in various states of disrepair on

approximately two acres of land at 153 Fillmore Avenue, Tonawanda, New

York. The removal action included the sorting, segregating and disposal

of approximately 500 drums containing raw and waste materials

classified as flammable, combustible, corrosive and otherwise hazardous

materials under RCRA; 1700 containers of 10 gallons or less in size; 15

tanks and vats; 2 underground tanks; 6 electrical transformers

containing PCBs; approximately two dozen pallets of bagged pigments and

resins, including 20 bags of asbestos; and assorted powders and liquids

spilled onto the floors of various buildings. The defendants are

parties who are alleged to have arranged for the disposal or treatment

of hazardous substances that were disposed of at the Site.

The Consent Decree provides for payment by the defendants of

$1,098,771.37. The Consent Decree also resolves the liability of the

United States Department of Energy in connection with a federal

facility whose wastes may have been sent to the 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 for the Environment and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. Adflex Corporation, et al., DOJ Ref. #90-11-2-465A.

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

United States Attorney, Federal Center, 138 Delaware Avenue, Buffalo,

New York; the Region II Office of the Environmental Protection Agency,

26 Federal Plaza, New York, New York; 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 please refer to

the referenced case and enclose a check made payable to the Consent

Decree Library in the amount of $19.25 (25 cents per page reproduction

costs).

Joel M. Gross,

Acting Chief, Environmental Enforcement Section.

[FR Doc. 95-4565 Filed 2-23-95; 8:45 am]

BILLING CODE 4410-01-M