Notice of Lodging of Consent Decrees Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decrees Pursuant to the

Comprehensive Environmental Response, Compensation, and Liability Act

In accordance with Departmental policy, 28 CFR Sec. 50.7, and 42

U.S.C. 9622(d)(2)(B), notice is hereby given that four consent decrees

were lodged in United States v. Montrose Chemical Corporation of

California, consolidated with Levin Metals Corp. v. Parr-Richmond

Terminal Company, Civil Action No. C 96-02103 MEJ (N.D. Cal.), on June

6, 1996, with the United States District Court for the Northern

District of California. The complaint in that action alleges that

defendants are liable under the Comprehensive Environmental Response,

Compensation and Liability Act for cleanup and cost recovery at the

United Heckathorn National Priorities List Superfund Site in Richmond,

California (``Site''). The complaint also alleges that defendants are

liable for damages for injury to, destruction of, and loss of natural

resources at or using the Site.

Pursuant to the consent decrees, sixteen settling parties,

including two agencies of the United States, will pay approximately

$6.656 million to resolve their liability for the performance of

remedial actions at the Site, and for reimbursement of costs incurred

by the United States at the Site. Some of those parties will also

perform the remedial actions selected by the United States

Environmental Protection Agency for the Site. The actions include

capping an area where a pesticide formulation facility was once located

and dredging sediments from two nearby harbor areas. The four decrees

also provide for the payment of $400,000 to the federal natural

resource trustees, the Department of the Interior and the National

Oceanic and Atmospheric Administration, as damages for natural resource

injuries and in reimbursement of damage assessment costs.

As provided in 28 CFR 50.7 and consistent with 42 U.S.C.

9622(d)(2)(B), the Department of Justice will, for a period of thirty

(30) days from the date of this publication, receive comments from

persons who are not named as parties to this action relating to the

proposed Consent Decrees for a period of thirty days from the date of

this publication. Comments should be addressed to the Assistant

Attorney General of the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530. All comments should

refer to United States v. Montrose Chemical Corporation of California,

D.J. Ref. 90-11-3-598.

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

United States Attorney, Northern District of California, 450 Golden

Gate Avenue, San Francisco, California 94102; the Region IX Office of

the Environmental Protection Agency, 75 Hawthorne Street, San

Francisco, California 94105; and at the Consent Decree Library, 1120 G

Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. Copies

of the proposed consent decrees 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 $154.75 (25 cents

per page reproduction costs) for all four consent decrees with all

exhibits, and $56.50, for all four consent decrees without exhibits,

payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-14981 Filed 6-12-96; 8:45 am]

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