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

In accordance with Departmental policy, 28 CFR 50.7 and pursuant to

section 122 of the Comprehensive Environmental Response, Compensation

and Liability Act (``CERCLA''), 42 U.S.C. 9622, notice is hereby given

that a proposed Consent Decree in United States v. Akzo Nobel Coatings,

Inc., et al, Civil Action No. 97-1565-CIV-T-24E, was lodged on June 20,

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

Florida, Tampa Division.

This case concerns the Bay Drums Superfund Site, located in north

central Hillsborough County, on State Road 574, in Tampa, Florida (the

``Site''). In 1986, the Peak Oil and Bay Drums Superfund Sites were

jointly placed on the national Priorities List as a result of the

release or threatened release of hazardous substances. Pursuant to

Sections 106 and 107 of the Comprehensive Environmental Response,

Compensation and Liability Act (``CERCLA''), 42 U.S.C. 9606 and 9607,

the Complaint in this action seeks recovery of past and future costs

incurred and to be incurred by the United States with respect to the

Site, and injunctive relief for the Site, namely, implementation of the

source control remedy selected by EPA in Record of Decision (``ROD'')

for the Peak Oil/Bay Drums Operable Unit (``OU'') Three, dated March

31, 1993. The ROD provides for excavation of approximately 16,500 cubic

yards of contaminated soils and sediments at the Site, backfilling of

those excavated areas with clean fill, solidification and stabilization

of contaminated soils and sediments, disposal of the solidified

material above the water table, installation of a low permeability cap

over the solidified material, disposal of shingle debris. The Settling

Defendants and Settling Federal Agencies have agreed in the proposed

Consent Decree to perform the remedy selected by EPA for OU Three.

Settling Defendants have also agreed to pay the United States

$3,275,522.02 for past response costs incurred with respect to the

Site, and to reimburse future costs associated with implementation of

the Consent Decree.

The Consent Decree includes a covenant not to sue by the United

States under sections 106 and 107 of CERCLA and under Section 7003 of

the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6973.

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. Akzo Nobel Coatings, Inc, et al., DOJ Ref.

90-11-2-897(D). Commenters may request an

opportunity for a public meeting in

[[Page 41078]]

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

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

United States Attorney, Middle District of Florida, 500 Zack St. Room

410, Tampa, Florida 33602; the Office of the United States

Environmental Protection Agency, Region 4, 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 in the amount of $57.75 (25 cents per page reproduction

costs), payable to the Consent Decree Library for a copy of the Consent

Decree with attachments or a check in the amount of $43.00, for a copy

of the proposed Consent Decree without those attachments.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-20197 Filed 7-30-97; 8:45 am]

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