Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1998, as Amended

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act of 1998, 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. 97-1564-CIV-T-99A, was lodged on June

20, 1997, with the United States District Court for the Middle District

of Florida, Tampa Division.

This case concerns the Peak Oil and Bay Drums Superfund Sites,

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 at the

Site, and injunctive relief with respect to the Site, namely,

implementation of remedies selected by EPA in Records of Decision

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

August 9, 1993, which addresses the area-wide ground water in the

Southern Surficial and Floridian Aquifers underlying the Site, and OU

Four, dated June 28, 1994, which requires monitoring and sampling of

the North Wetland. The Settling Defendants and the Settling Federal

Agencies have agreed in the proposed Consent Decree to implement the

remedies selected by EPA for OUs Two and Four.

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, D.C. 20530, and should refer to

United States v. Akzo Nobel Coatings, Inc., et al., DOJ Ref. #90-11-2-

897(H). Commenters 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, Middle District of Florida, 500 Zack St. Room

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

Environmental Protection Agency, Region 4, 61 Forsyth 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 $84.00 (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 $54.75, 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. 97-20198 Filed 7-30-97; 8:45 am]

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