Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act and the

Resource Conservation and Recovery Act

In accordance with Department of Justice Policy, 28 CFR 50.7, 38 FR

19029, and 42 U.S.C. Sec. 9622(d), notice is hereby given that on June

24, 1996, a proposed Consent Decree was lodged with the United States

District Court for the Western District of Washington, United States v.

ASARCO Inc., Civil Action No. C91-5528B. The proposed Consent Decree

settles claims asserted by the United States at the request of the

United States Environmental Protection Agency (EPA) for releases of

hazardous substances at the Asarco Smelter Operable Unit of the

Commencement Bay Nearshore/Tideflats Superfund Site in Ruston and

Tacoma, Washington. The defendant in the action is ASARCO Incorporated

(Asarco). The claims of the United States on behalf of EPA are based

upon contamination of the Asarco Smelter Site. The Asarco Smelter Site

is comprised of the Asarco smelter facility, which is approximately

sixty-seven acres in size, and the adjacent twenty-three acre slag

peninsula.

In its amended complaint, the United States asserted claims against

Asarco pursuant to Sections 106 and 107(a) of the Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA), as

amended, 42 U.S.C. Secs. 9606 and 9607(a), and Section 7003 of the

Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Sec. 6973, for

injunctive relief to abate an imminent and substantial endangerment to

public health or welfare or the environment due to the release or

threatened release of hazardous substances at the Asarco Smelter Site.

The United States also sought recovery of costs that have been and will

be incurred in response to releases and

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threatened releases of hazardous substances at the Asarco Smelter Site,

and a declaration that Asarco is liable for such costs.

In the Consent Decree, Asarco agrees to implement the remedy set

forth in EPA's Record of Decision (ROD) for the Asarco Smelter Site

dated March 24, 1995. Asarco agrees to: (1) excavate approximately

160,000 cubic yards of soil and slag contaminated above action levels;

(2) dispose of the contaminated soil and demolition debris designated

as hazardous waste in an on-site containment facility (OCF) which meets

or exceeds regulatory standards for hazardous waste landfills; (3) cap

the entire Site with a low-permeability cap composed of layers of clean

soils, gravel and clay; (4) demolish the remaining buildings and

structures on the Site; (5) replace the entire surface water drainage

system; (6) armor portions of the plant site and slag peninsula

shoreline; (7) continue to monitor the sediments and groundwater under

an Administrative Order on Consent currently in effect; and (8) develop

and implement an enforceable program of restrictions and guidelines to

supplement the actual cleanup activities to ensure that the remedial

action remains protective and that development activities do not impact

the long-term effectiveness of the cleanup. Asarco will also reimburse

the United States for $3,081,510.00 in past response costs that the

United States has incurred relating to the Asarco Smelter Site and will

reimburse the United States for all of its future response costs at the

Site.

In exchange, Asarco will receive a covenant not to sue from the

United States with respect to the Asarco Smelter Site for claims

pursuant to Sections 106 and 107(a) of CERCLA and Section 7003 of RCRA.

The Department of Justice will receive written comments relating to

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

publication of this notice. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, U.S. Department of Justice, Washington, D.C. 20530, and

should refer to United States v. ASARCO Inc., D.J. Ref. No. 90-11-2-

698A. Commenters may request an opportunity for a public meeting in the

affected area, in accordance with Section 7003 of RCRA.

The proposed Consent Decree and exhibits may be examined at the

following locations: the Region 10 Office of EPA, 7th Floor Records

Center, 1200 Sixth Avenue, Seattle, WA 98101; ASARCO Information

Center, 5311 North Commercial, Ruston, Washington 98407; the Tacoma

Public Library, Main Branch, 1102 Tacoma Avenue South, Northwest Room,

Tacoma, WA 98402; and Citizens for a Healthy Bay, 771 Broadway, Tacoma,

WA 98402. The complete Administrative Record for the Asarco Smelter

Site may be reviewed at the EPA Region 10 office in Seattle and at the

Main Branch of the Tacoma Public Library.

A copy of the Consent Decree and exhibits (if requested) 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 copies, please enclose a check in the amount of $22.75

(without exhibits) or $297.00 (with exhibits) (25 cents per page

reproduction cost) payable to the ``Consent Decree Library.''

Bruce Gelber,

Deputy Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-17311 Filed 7-8-96; 8:45 am]

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