Notice of Lodging of Consent Decree Pursuant to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA)

Notice is hereby given that a proposed Consent Decree in United

States v. Tremont Landfill Company, et al., Civil Action No. C-3-96-221

has been lodged on June 17, 1996 with the United States District Court

for the Southern District of Ohio, Western Division. The proposed

Consent Decree concerns the Sanitary Landfill Superfund Site (the

``Site'') located at 1855 Cardington Road, Moraine, Ohio. The Site was

operated by the Sanitary Landfill Company, the predecessor to defendant

Tremont Landfill Company (``Tremont''), and is owned by two trusts. The

Site was active from 1971 to 1980. During that time period, the land-

fill accepted municipal, commercial, and industrial waste--both liquids

and solids--from local industries and municipalities. These wastes

included sludges, paints, paint by-products, asbestos and municipal

incinerator wastes. The Site was added to the National Priorities List

on June 10, 1986.

The Consent Decree requires sixteen Settling Defendants, who

together represent approximately 49% of the waste at the Site by

volume, to perform the estimated $8 million remedy. The remedial action

includes a low permeability cap; gas collection and treatment; surface

run-off controls; long-term groundwater monitoring; institutional

controls; and a supplemental site investigation (``SSI'') for

groundwater. The settlors also agreed to prepay $60,000 of EPA's future

oversight costs within 30 days of entry of the decree and to pay 50% of

the United States' estimated additional oversight costs. In addition,

the decree includes the settlement of sixty-three ``Premium Settling

Defendants,'' who contributed less than .5% of the total waste at the

Site and elected to pay a premium to the Settling Defendants to obtain

a de minimis settlement.

The Department of Justice will receive comments concerning the

proposed Consent Decree for a period of thirty (30) days from the date

of this publication. Comments should be addressed to the Assistant

Attorney General, Environment and Natural Resources Division, U.S.

Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington,

D.C. 20044, and should refer to United States v. Tremont Landfill

Company, et al., D.O.J. Number 90-11-2-1113. Commenters may request an

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

with Section 7003(d) of RCRA.

The proposed Consent Decree may be examined at any of the following

offices: (1) the Office of the United States Attorney for the Southern

District of Ohio, Western Division, 602 Federal Building, 200 West

Second Street, Dayton, Ohio 45402, (513) 225-2910; (2) the U.S.

Environmental Protection Agency, Region 5, 77 W. Jackson Blvd.,

Chicago, Illinois 60604, (312) 886-6609; and (3) the Consent Decree

Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005, (202)

624-0892. Copies of the proposed Decree may be obtained by mail from

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

D.C. 20005. For a copy of the Consent Decree, please enclose a check

for $42.25 ($.25 per page reproduction charge) for the consent decree

(including 81 Settling Defendant signature pages), or $151.50 for the

consent decree plus appendices, payable to ``Consent Decree Library.''

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment & Natural

Resources Division.

[FR Doc. 96-16271 Filed 6-25-96; 8:45 am]

BILLING CODE 4410-01-M