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

Notice is hereby given that a proposed consent decree was lodged

May 24, 1996 in United States v. Fairchild Industries, Inc. and

Cumberland Cement & Supply Company consolidated with the United States

v. The Kelly Springfield Tire Company, et al., Consol. Civ. Action No.

JFM-88-2933 (D. Md.) with Fairchild Holding Corp.,

[[Page 39666]]

Cumberland Cement & Supply Company, the Kelly Springfield Tire Company,

and Precise Technology, Inc. (``Settling Defendants''). The proposed

Decree resolves the United States' claims under Section 107 of the

Comprehensive Environmental Response, Compensation and Liability Act

(``CERCLA''), 42 U.S.C. Sec. 9607, for past response costs incurred in

connection with the Limestone Road Superfund Site (``Site'') through

August 31, 1993. Settling Defendants will pay $1,860,213 out of total

past costs of approximately $2,450,000. The Consent Decree also

requires Settling Defendants to pay the United States' future costs

(including the Environmental Protection Agency's oversight costs

associated with the Operable Unit 2 of the Site remedy) from August 31,

1993 until the date that the Settling Defendants receive notification

that they have satisfied their obligations under the proposed Decree,

by either agreeing to implement the Operable Unit 2 remedy or by

reimbursing the United States for the costs which it incurs in

connection with the implementation of that remedy.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed partial 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. Fairchild Industries, Inc. and Cumberland

Cement & Supply Company consolidated with the United States v. The

Kelly Springfield Tire Company, et al., Consol. Civ. Action No. JFM-88-

2933 (D. Md.), DOJ #. 90-11-3-227.

The proposed consent decree may be examined at the United States

Department of Justice, Environment and Natural Resources Division,

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

D.C. 20005, (202) 624-0892. A copy of the proposed partial 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 $9.25 (25 cents per page reproduction costs),

payable to the Consent Decree Library. If you want a copy of the

attachments to the proposed consent decree please also enclose an

additional $31.25.

Joel M. Gross,

Chief, Environmental Enforcement Section.

[FR Doc. 96-19285 Filed 7-29-96; 8:45 am]

BILLING CODE 4410-01-M