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 Departmental policy, 28 CFR 50.7, notice is

hereby given that a proposed Consent Decree in United States v. TH

Agriculture & Nutrition Co., Inc. and Elf Atochem North America, Inc.,

Case No. 96-D-41-N, was lodged on January 8, 1996, with the United

States District Court for the Northern District of Alabama, Northern

Division. This settlement agreement resolves the claims asserted by the

United States in an enforcement action brought on behalf of the

Environmental Protection Agency (``EPA'') against two potentially

responsible parties (``PRPs'') pursuant to the Comprehensive

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

42 U.S.C. Sec. 9601 et seq. The complaint alleges the PRPs are liable

to perform an Interim Remedial Action at the TH Agriculture & Nutrition

Superfund Site (``Site'') and to reimburse the Superfund for response

costs incurred and to be incurred in connection with the Site. Under

the Consent Decree, the PRPs shall perform interim remedial measures

designed to prevent any further migration of a plume of contamination

in the surficial aquifer and shall pay $557,000 of past identified

response costs associated with the Site and all future costs associated

with performance of the Interim Remedial Action.

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, D.C. 20530, and should refer to

United States v. TH Agriculture & Nutrition Co., Inc. and Elf Atochem

North America, Inc., 90-11-3-1426.

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

United States Attorney, One Court Square, Suite 201, Montgomery,

Alabama, 36104; the Region IV office of the U.S. Environmental

Protection Agency, 345 Courtland Street, NE, Atlanta, GA 30365; 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, (202) 624-0892. In

requesting a copy, please refer to the referenced case and enclose a

check in the amount of $33.00 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section.

[FR Doc. 96-1092 Filed 1-24-96; 8:45 am]

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