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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-1044

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** January 24, 1996
- **Citation:** 61 FR 1946

## Text

DEPARTMENT OF JUSTICE

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

In accordance with Departmental policy, 28 CFR 50.7, section
122(d)(2) of the Comprehensive Environmental Response, Compensation,
and Liability Act (``CERCLA''), 42 U.S.C. 9622(d)(2), and section
7003(d) of the Resource Conservation and Recovery Act (``RCRA''), 42
U.S.C. 6973(d), notice is hereby given that a proposed partial consent
decree in United States and Commonwealth of Pennsylvania v. Publicker
Industries Inc., et al., Civil Action No. 90-7984, was lodged on
December 28, 1995, with the United States District Court for the
Eastern District of Pennsylvania. The proposed partial consent decree
would settle an action brought under section 107(a) and 113(g)(2) of
the Comprehensive Environmental Response, Compensation, and Liability
Act, as amended (``CERCLA''), 42 U.S.C. 9607(a), 9613(g)(2), against
defendants, Publicker Industries Inc. and American Cryogas Industries,
Inc. (now called Sagrocry, Inc.) (collectively, ``the Settling
Defendants''), for recovery of response costs and natural resource
damages in connection with the Publicker Industries Superfund Site in
Philadelphia, Pennsylvania (``the Site''). The partial consent decree
also resolves the potential CERCLA liability of federal agencies that
were involved with the Site during World War II, and resolves

[[Page 1947]]
the liability of the Settling Defendants to the Commonwealth of
Pennsylvania for response costs and natural resource damages in
connection with the Site. Under the terms of the partial consent
decree, the Settling Defendants will pay a total of $13.35 million,
plus interest, to the United States, and $1 million, plus interest, to
the Commonwealth. The United States, on behalf of the settling federal
agencies, will contribute $500,000 to the EPA Hazardous Substance
Superfund.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed partial consent decree. Comments should be addressed to the
Assistant Attorney General of the Environment and Natural Resources
Division, Department of Justice, Washington, DC 20530, and should refer
to United States and Commonwealth of Pennsylvania v. Publicker
Industries Inc., et al., D.J. No. 90-11-3-689. In addition, pursuant to
Section 7003(d) of RCRA, 42 U.S.C. 6973(d), any member of the public
who desires a public meeting in the area affected by the proposed
partial consent decree in order to discuss the proposed partial consent
decree prior to its final entry by the court may request that such a
meeting be held. Any such request for a public meeting should be
submitted within fifteen (15) days from the date of this publication
and sent to the same address and bear the same reference as indicated
above for submission of comments.
The proposed partial consent decree may be examined at the office
of the United States Attorney for the Eastern District of Pennsylvania,
615 Chestnut Street, Suite 1250, Philadelphia, Pennsylvania 19106; the
Region III Office of the Environmental Protection Agency, 841 Chestnut
Building, Philadelphia, Pennsylvania 19107; and at the Consent Decree
Library, 1120 G Street, NW., 4th Floor, Washington, DC, 20005. 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 enclose a check in
the amount of $22.00 (25 cents per page reproduction costs) payable to
the consent Decree Library.
Joel M. Gross,
Chief, Environmental Enforcement Section, Environmental and Natural
Resources Division.
[FR Doc. 96-1044 Filed 1-23-96; 8:45 am]
BILLING CODE 4410-01-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-1044. Public record. Not legal advice.