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 action

entitled United States v. Browning-Ferris Industries of South Jersey,

Inc., Civil Action No. 97-3320 (GEB) (D.N.J.), was lodged on July 2,

1997, with the United States District Court for the District of New

Jersey. The proposed consent decree resolves the United States's claims

against nine potentially responsible parties (``Settling Defendants'')

at the Lone Pine Landfill Superfund Site (``Site'') under the

Comprehensive Environmental Response, Compensation, and Liability Act

(``CERCLA''), 42 U.S.C. Sec. 9601 et seq., on behalf of the Department

of the Interior (``DOI'') and the National Oceanic and Atmospheric

Administration (``NOAA''), for damages for injury to, destruction of,

or loss of natural resources, including costs of assessment. The Site

is located in Freehold Township, Monmouth County, New Jersey. The

consent decree will also resolve the claims of the State of New Jersey,

on behalf of the New Jersey Department of Environmental Protection,

against the Settling Defendants with respect to natural resource

damages at the Site. The claims of the State of New Jersey were filed

in an action entitled State of New Jersey v. Browning-Ferris Industries

of South Jersey, Inc., Civil Action No. 97-3321 (GEB) (D.N.J.).

Under the proposed consent decree, the Settling Defendants have

agreed to create, restore and/or enhance about 13 acres of wetlands

located at the Site and to create about 10 acres of forested wetlands

at an off-Site parcel. The Settling Defendants have also agreed to pay

$80,974 to DOI and $38,838 to the State of New Jersey to reimburse them

for their past and future costs of assessment as well as the cost to be

incurred in overseeing the Settling Defendants' mitigation work.

The Department of Justice will receive, for a period of up to

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

proposed consent decree. Any comments should be addressed to the

Assistant Attorney General for the Environment and Natural Resources

Division, Department of Justice, 950 Pennsylvania Avenue, Washington,

D.C. 20530, and should refer to United States v. Browning-Ferris

Industries of South Jersey, Inc., DOJ Ref. Number 90-11-2-294D.

The proposed consent decree may be examined at the United States

Attorney's Office, District of New Jersey, 402 East State Street,

Trenton, New Jersey 08608 (contact Irene Dowdy at 609-989-0562) 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 refer to the referenced case and enclose a check in the amount

of $30.00 (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. 97-18621 Filed 7-15-97; 8:45 am]

BILLING CODE 4410-15-M