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

In accordance with Departmental policy, 28 C.F.R. Sec. 50.7 and 42

U.S.C. Sec. 9622(d)(2), notice is hereby given that a proposed consent

decree in United States v. AGSCO, Inc. et al., Civil Action No. A4-

96109, was lodged on September 27, 1996, with the United States

District Court for the District of North Dakota, Northwestern Division.

The proposed consent decree settles certain claims asserted by the

United States, on behalf of the United States Environmental Protection

Agency (EPA), under Sections 106 and 107(a) of CERCLA, 42 U.S.C.

Secs. 9606 and 9607(a), with respect to the release and/or threatened

release of hazardous substances at the Old Minot Landfill Superfund

Site (``Site''). The following parties are signatories to the proposed

consent decree: (1) AGSCO, Inc.; (2) The Boeing Company; (3) Bridgeman

Creameries/Land O'Lakes, Inc.; (4) Farmers Union Elevator Company; (5)

Farstad Oil, Inc.; (6) Owl Constructors; (7) Lockheed Martin

Corporation; (8) Montana-Dakota Utilities Co., a Division of MDU

Resources Group, Inc.; (9) Flying J Petroleums, Inc, and Flying J Inc.;

(10) Bacon Signs, Inc; (11) Cargill, Incorporated; (12) Cummins Diesel

Sales, Inc., a Minnesota Corporation; (13) Midland Diesel Service and

Engine Company; (14) Minot Farmers Elevator; (15) Norwest Bank North

Dakota, N.A.; (16) Porter Bros. Dakota Hide & Fur Co; and (17) Trinity

Medical Center, Trinity Hospital and Trinity Nursing Home (hereinafter

referred to as ``Settling Defendants'').

The proposed consent decree requires the Settling Defendants to pay

the United States $562,250 in reimbursement of certain response costs

that the United States has incurred or will incur for response actions

at the Site. The City of Minot is implementing the remedial action at

the Site under a separate Consent Decree with the United States.

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. AGSCO, Inc. et al., DOJ Ref. #90-11-3-1107-A.

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

United States Attorney, District of North Dakota, 219 Fed. Bldg. & U.S.

Cthse., 655 1st Ave. N., Fargo, North Dakota 58102; the Region VIII

Office of the Environmental Protection Agency, 999 18th Street--Suite

500, Denver, Colorado 80202; 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 of the proposed decree and

attachments, please refer to the referenced case and enclose a check in

the amount of $9.25 (25 cents per page reproduction costs), for each

copy. The check should be made payable to the Consent Decree Library.

Walker B. Smith,

Deputy Chief, Environmental Enforcement Section Environment and Natural

Resources Division.

[FR Doc. 96-26798 Filed 10-17-96; 8:45 am]

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