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 C.F.R. 50.7, notice is

hereby given that a proposed consent decree in United States v.

Amercian Cyanamid, et al., Civil Action No. 2:93-0654 (S.D.W.V.), was

lodged on April 24, 1996 with the United States District Court for the

Southern District of West Virginia.

In the consent decree, the United States settles with 53 parties

and various corporate affiliates. Those parties will reimburse $19.26

million of the United States' past costs and perform future soil and

groundwater clean-up and closure of an old wastewater treatment plant

provided that the clean-ups to be selected are premised upon projected

future industrial use of the Site and that the estimates of future

costs contained in the EPA Records of Decision not exceed respective

thresholds of $45 million for soil and groundwater remediation, and $14

million for the clean-up of the wastewater treatment plant. One

defendant, Chemical Associates, separately agrees to reimburse $350,000

of the United States' response costs.

Moreover, in the consent decree, the claims of certain defendants

in this action against OHM Remediation Services, Corp. are released and

resolved. The United States also releases its claims under Sections 106

and 107 of CERCLA, 42 U.S.C. Secs. 9607 and 9606, and Section 7003 of

RCRA, 42 U.S.C. Sec. 6973, against OHM at the Site. OHM in turn

releases its cost recovery claims and covenants not to sue the United

States for claims that were or could have been asserted in this action

by any party to the case arising from response actions at the Site.

The State of West Virginia, on behalf of the West Virginia

Department of Environmental Protection (``State''), also is a party to

the decree, receiving $1,150,000 in past costs over five years, future

oversight costs of $30,000 per year, and $150,000 to resolve state

claims for natural resources damages from the settling parties.

The decree also resolves the liability of the United States, on

behalf of the Department of Defense, in the case. The United States

will pay for portions of four remedy components associated with the WWI

era, for a projected total United States payment of approximately $12

million, depending on precise future remedy costs. The decree resolves

also the liability of Hercules, the operator of the WWI plant, which

will pay $156,790 toward future clean-up of 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 partial 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. American Cyanamid, et at. Civil Action No.

2:93-0654 (S.D.W.V.), DOJ Ref. #90-11-3-706. Commenters may request an

opportunity for a public meeting in the affected area, in accordance

with Section 7003(d) of RCRA.

[[Page 20275]]

The proposed consent decree may be examined at the United States

Department of Justice, Environment and Natural Resources Division,

Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 20005, (202) 624-0892. A copy of the proposed partial 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 $40.00 (25 cents per page reproduction costs),

payable to the Consent Decree Library. Attachments to the proposed

partial consent decree can be obtained for the additional amount of

$31.00.

Joel M. Gross,

Chief Environmental Enforcement Section.

[FR Doc. 96-11221 Filed 5-3-96; 8:45 am]

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