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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the

Comprehensive, Environmental Response, Compensation and Liability Act

(``CERCLA'')

In accordance with Departmental policy, 28 CFR 50.7, and Section

122(d)(2) of CERCLA, 42 U.S.C. 9622(d)(2), notice is hereby given that

a proposed consent decree in United States v. Harris Corporation, Civil

Action No. 96-1237-CIV-ORL-19 was lodged on November 20, 1996, with the

United States District Court for the Middle District of Florida. This

agreement resolves a judicial enforcement action brought by the United

States against Harris Corporation (``Harris'') pursuant to Sections

106(a) and 107 of CERCLA, 42 U.S.C. 9606(a) and 9607. The United States

seeks recovery of response costs and injunctive relief in order to

remedy conditions in connection with the release or threatened release

of hazardous substances into the environment at and from Operable Unit

Two (``OU2'') of the Harris Corporation/Palm Bay facility Superfund

Site (``Site''). The Site is located in Palm Bay, Brevard County,

Florida.

The Site facility is divided into two major operating business

units: The Semiconductor Sector to the north and Electronics Systems

Sector to the south. For purposes of investigation, EPA divided the

contamination at the Site into two operable units, with the first

operable unit (``OU1'') to address contamination in the groundwater

underlying the Electronic Systems Sector. The second operable unit

(``OU2'') addresses the soils, sediment, and surface water throughout

the Site, and the groundwater underlying the Semiconductor Sector. The

Court entered a Consent Decree on October 25, 1991, and an Amendment to

Consent Decree on June 1, 1993, in Civil Action No. 91-624-CIV-ORL-19,

with respect to OU1.

EPA selected a remedy for OU2 which it set forth in a Record of

Decision (``ROD'') executed on February 15, 1995, and modified by an

Explanation of Significant Differences (``ESD'') executed on December

8, 1995. In the ROD, EPA selected a groundwater remedy which includes

continued operation of the existing groundwater recovery and treatment

system, conversion of existing recovery well SC-TS4 to a monitoring

well, the addition of a new 40-foot monitoring well on the southwestern

portion of OU2, and continued groundwater monitoring until all

performance standards are met. EPA selected a No-Action remedy for the

soils, sediment, and surface water throughout the entire site, as no

hazardous substances were detected in any of these media above the

appropriate action level.

The consent decree requires Harris to perform this remedy as set

forth in the ROD for OU2. Harris also agreed to pay $112,000 in past

response costs incurred by the United States at OU2, and to pay future

response costs which the United States will incur at 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, DC 20530, and should refer to United

States v. Harris Corporation, DOJ Ref #90-11-2-1137.

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

United States Attorney, 201 Federal Building, 80 North Houghey Avenue,

Orlando, Florida 32801; the Region 4 office of the Environmental

Protection Agency, 100 Alabama Street, S.W., Atlanta, Georgia 30303;

and at the Consent Decree Library, 1120 G Street, NW., 4th Floor,

Washington, DC 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, NW., 4th Floor, Washington, DC 20005. In

requesting a copy please refer to the referenced case and enclose a

check for the reproduction costs. If you request a copy of the Consent

Decree without attachments, which attachments include the ROD,

Statement of Work, and ESD, then the amount of the check should be

$19.75 (79 pages at 25 cents per page). If you request a copy of the

Consent Decree with the above stated attachments, then the amount of

the check should be $39.75 (159 pages at 25 cents per page). The check

should be made payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-30894 Filed 12-3-96; 8:45 am]

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