Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act and Other Authorities

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation and Liability Act and Other

Authorities

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

is hereby given that on December 21, 1995, a proposed Consent Decree in

United States v. Occidental Chemical Corporation, et al. (Love Canal),

Civil Action No. 79-990 (JTC), was lodged with the United States

District Court for the Western District of New York. The decree

represents a settlement of claims by the United States against

Occidental Chemical Corporation (Occidental) for recovery, pursuant to

the Comprehensive Environmental Response, Compensation and Liability

Act (CERCLA), Section 7003 of the Resource Conservation and Recovery

Act (RCRA) and other authorities, of costs and interest incurred in

response to the release of hazardous substances at the Love Canal

Landfill Site near Niagara Falls, New York.

Under the settlement, Occidental will reimburse response costs

incurred by the Environmental Protection Agency Superfund and the

Federal Emergency Management Agency in connection with the relocation

of Love Canal area residents, Site studies and remediation, oversight,

litigation and other expenses. Occidental will pay $129 million dollars

in four equal annual installments of $32,250,000 commencing 90 days

after entry of the Decree, plus additional interest on each $32,250,000

installment calculated from August 1, 1995 at the rate established by

CERCLA. Occidental will also pay certain additional expenses of the

United States incurred since August 1, 1995. Further, Occidental will

pay $375,000 for natural resource damages restoration and assessment,

with preferential review accorded a creek restoration project in

Niagara County. In addition to the payments by Occidental, the United

States will contribute an additional $8 million to the Superfund and on

behalf of FEMA to resolve counterclaims by Occidental against the

United States.

Under the partial consent decree between the United States and

Occidental, which was entered by the Court on September 20, 1989,

Occidental agreed to complete remediation of Love Canal Site sewers and

creeks and to dispose of hazardous wastes. The instant decree in no way

alters those obligations. Similarly, the instance decree will not

affect the New York State Consent Judgment, which was approved by the

Court on July 1, 1994, under which Occidental agreed to perform

operation and maintenance (O & M) of the remedy. Finally, Occidental

agrees in the proposed decree that the United States may independently

enforce against Occidental the O & M obligations it accepted under the

State Consent Judgment.

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 of the Environment and Natural Resources Division,

Department of Justice, Washington, D.C. 20530, and should refer to

United States v. Occidental Chemical Corporation, D.J. Ref. 90-5-1-1-

1229. Commentors may request an opportunity for a public meeting in the

affected area, in accordance with Section 7003(d) of RCRA.

The proposed Consent Decree may be examined at the Office of the

United States Attorney, Western District of New York, Federal Centre,

138 Delaware Avenue, Buffalo, New York 14202 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 enclose

a check in the amount of $8.00 (25 cents per page reproduction cost)

payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 96-605 Filed 1-18-96; 8:45 am]

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