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

DEPARTMENT OF JUSTICE

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. Noreen Greenberg, Marvin Greenberg, and The Property

Addressed at 120 Osage Avenue, located in Kansas City, Kansas, Civil

Action No. 96-2289-JWL, was lodged on June 17, 1996, with the United

States District Court for the District of Kansas.

The complaint alleges that Noreen and Marvin Greenberg are jointly

and severally liable for the United States' approximately $1.1 million

in response costs at the Osage Metals Superfund Site, located in Kansas

City, Kansas, pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a).

The complaint also includes an in rem action to recover these costs,

which are secured by a CERCLA lien against the Site, pursuant to

Section 107(l) of CERCLA, 42 U.S.C. 9607(l).

The proposed agreement concerns the 1.7-acre Osage Metals Superfund

Site (``Site''), located at 120 Osage Avenue in Kansas City, Kansas.

The Site was the location of metals salvage and reclamation facilities

between 1948 and 1993. The United States Environmental Protection

Agency (``EPA'') conducted a removal action at the Site in 1995. As of

October 31, 1995, EPA had incurred costs in excess of $1.1 million

exclusive of interest. On June 26, 1995, EPA perfected a CERCLA lien on

the Site to secure its $1.1 million in response costs.

Under the proposed consent decree, the owners will transfer

ownership of the Site to a developer who will, in turn, pay the United

States $80,000 in reimbursement of the United States' past response

costs. The W.W. Land Company, which had no part in the activities that

gave rise to the United States' response costs of the Site, plans to

build and operate a commercial warehouse on 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 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. Noreen Greenberg, Marvin Greenberg, and The Property

Addressed at 120 Osage Avenue, located in Kansas City, Kansas, DOJ Ref.

#90-11-3-1617.

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

United States Attorney, District of Kansas, 500 State Avenue, Suite

360, Kansas City, Kansas, 66101, (913) 551-6730; the Region VII Office

of the Environmental Protection Agency, 726 Minnesota Avenue, Kansas

City, KS 66101 (913) 551-7010; 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 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 $6.00 for the

consent decree only, or $10.25 for the consent decree and attachments

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

Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-17497 Filed 7-9-96; 8:45 am]

BILLING CODE 4410-01-M