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 in United

States v. American National Can Company, et al., No. CIV F-97-5402-REC-

SMS (E.D. Cal), was lodged on April 23, 1997, with the United States

District Court for the Eastern District of California. The consent

decree resolves claims under Sections 106 and 107 of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, 42

U.S.C. 9606 and 9607, as amended, brought against defendants American

National Can Company, Crown Beverage Packaging, Inc., NL Industries,

Inc., and Tri-Valley Growers for injunctive relief and response costs

incurred and to be incurred by the United States Environmental

Protection Agency in connection with responding to the release and

threatened release of hazardous substances at the Industrial

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Waste Processing Site (``Site'') in Pinedale, California.

The proposed consent decree provides that to resolve their

liability to the United States for injunctive relief and response costs

as described above, the aforementioned entities will collectively (1)

pay $50,000 in past response costs incurred by the United States in

connection with the Site; (2) perform a removal action at an estimated

cost of $655,969 to address contaminated soils at the Site; and (3) pay

any future oversight costs incurred by the United States in connection

with the removal action (to the extent that such costs exceed

$163,924). The proposed consent decree includes a covenant not to sue

by the United States under Sections 106 and 107 of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980, 42

U.S.C. 9606 and 9607.

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. American National Can Company, et al., No. CIV F-5402-

REC-SMS (E.D. Cal), DOJ Ref. #90-11-3-797A.

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

United States Attorney, Eastern District of California, 1130 O Street,

Room 3654, Fresno, CA 93721; the Region IX Office of the Environmental

Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105; 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 copies please refer to the referenced case and

enclose a check in the amount of $18.00 (25 cents per page reproduction

costs), payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-12966 Filed 5-16-97; 8:45 am]

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