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. Sec. 50.7 and 42

U.S.C. 9622(d)(2), notice is hereby given that two proposed consent

decrees in United States v. Maryland Sand, Gravel, & Stone Company, et

al., Civil Action No. HAR-89-2869, were lodged on April 22, 1996, with

the United States District Court for the District of Maryland.

The complaint filed by the United States in October 1989 seeks to

recover past, unreimbursed costs under Section 107 of the Comprehensive

Environmental Response, Compensation and Liability Act (``CERCLA''), 42

U.S.C.

[[Page 22073]]

9607, incurred by the United States in connection with response actions

taken at the Maryland Sand, Gravel and Stone Superfund Site (``Site'')

located in Elkton, Maryland. As part of its complaint, the United

States sought recovery of costs from, inter alia, A&S Manufacturing

Company, Schering Corporation and Westinghouse Electric. In turn, these

parties sought contribution from, inter alia, E.R. Squibb & Sons and

Martin Alexander.

The first consent decree is between the United States, A&S

Manufacturing and Martin Alexander. This decree requires these parties

to pay to the United States $105,000 in reimbursement of past response

costs associated with Operable Units I and II of the Maryland Sand

Site. The settlement is based on a demonstration by A&S Manufacturing

of its inability to reimburse the United States for any additional

response costs. Under the terms of the decree, the United States has

specifically reserved its right to seek further relief from A&S and

Alexander for any future claims not specifically addressed in the

decree. The decree also contains a reopener provision that allows the

United States and any party that has paid past response costs as

defined in the decree to seek further reimbursement from A&S or

Alexander should either of them obtain insurance coverage for such

claims.

The second decree is between the United States, Schering

Corporation, Westinghouse Electric Company, Inc., and E.R. Squibbs &

Sons, Inc. Under the terms of this decree Schering Corporation will pay

$1,942,084, Westinghouse will pay $577,916 and E.R. Squibb will pay

$50,000 in reimbursement of the United States' response costs. Under

the terms of the decree, the United States has specifically reserved

its right to seek further relief from these parties for any future

claims not specifically addressed in the decree.

The consent decrees include a covenant not to sue by the United

States under Sections 106 and 107 of the Comprehensive Environmental

Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq.

(``CERCLA''), and under Section 7003 of the Resource Conservation and

Recovery Act (``RCRA''), 42 U.S.C. 6973 for past response costs.

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, P.O. Box 7611, Ben Franklin Station, Washington,

D.C. 20044, and should refer to United States v. Maryland Sand, Gravel

& Stone Company, et al., DOJ Ref. #90-11-2-225A. Commenters may request

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

with Section 7003(d) of RCRA.

The proposed consent decrees may be examined at the Office of the

United States Attorney, District of Maryland, U.S. Courthouse, 101

Lombard Street, Baltimore, Md. 21201; Region III Office of the

Environmental Protection Agency, 841 Chestnut Street, Philadelphia,

Pa.; 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

decrees may be obtained in person or by mail from the Consent Decree

Library at the address listed above. In requesting a copy, please refer

to the referenced case and number, and enclose a check in the amount of

$9.00 (25 cents per page reproduction costs), payable to the Consent

Decree Library.

Joel M. Gross,

Environmental Enforcement Section, Environment and Natural Resource

Division.

[FR Doc. 96-11802 Filed 5-10-96; 8:45 am]

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