Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980, as Amended

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response Compensation and Liability Act of 1980, as

Amended

Notice is hereby given that a proposed consent decree in the

consolidated actions entitled Elf Atochem North America, Inc. versus

United States, et al., Civil Action No. 92-7458 and United States

versus Witco Corporation, Civil Action No. 94-0662 (E.D. Pa.), was

lodged on February 27, 1996, with the United States District Court for

the Eastern District of Pennsylvania. The consent decree resolves the

United States' claim, on behalf of the U.S. Environmental Protection

Agency (``EPA''), against defendant Witco Corporation (``Witco'') in

Civil Action No. 94-0662, and Witco's counterclaim against the United

States, on behalf of the Departments of Commerce, the Army, and the

General Services Administration (``Settling Federal Agencies''), in

Civil Action No. 94-0662 under the Comprehensive Environmental

Response, Compensation, and Liability Act (``CERCLA'') for

contamination at the Myers Property Superfund Site in Franklin

Township, Hunterdon County, New Jersey (the ``Site''). In the proposed

consent decree, Witco will pay the United States $400,000 in settlement

of the United States' claims for past response costs incurred by EPA at

the Site, and to dismiss its counterclaim against the Settling Federal

Agencies. The Settling Federal Agencies agree to pay into the Hazardous

Substance Superfund the sum of $600,000 in reimbursement of EPA's past

response costs.

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

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

proposed

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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 Elf Atochem North

America, Inc. versus United States, et al., Civil Action No. 92-7458

and United States versus Witco Corporation, Civil Action No. 94-0662

(E.D. Pa.), DOJ Ref. Number 90-11-2-662A.

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

United States Attorney, 615 Chestnut Street, Suite 1250, Philadelphia,

Pennsylvania 19106; the Region Ii Office of the Environmental

Protection Agency, 290 Broadway, New York, NY 10278; and 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 in the amount of $7.50

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

Library.

Joel M. Gross,

Section Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-5034 Filed 3-4-96; 8:45 am]

BILLING CODE 4410-01-M